Thread: Revised Copyright: is this more palatable?
Okay, from seeing the responses so far on the list, I'm not the only one
that has issues with the whole "juristiction of virginia" issue *or* the
"slam this copyright in ppls faces" ... I do like the part in BOLD about
"ANY DEVELOPER" instead of just the "UNIVERSITY OF CALIFORNIA" ... but I
consider that an appendum/extension of what is already stated ...
Is the following more palatable to those of us that aren't US citizens?
The only part that I believe at least one person had an issue with was:
"Any person who contributes or submits any modification or other change to
the PostgreSQL software or documentation grants irrevocable,
non-exclusive, worldwide permission, without charge, to use, copy, further
modify and distribute the same under the terms of this license."
Quite frankly, all I'm reading into this paragraph is that once committed,
Jan (as a recent example) couldn't come along and pull out all his TOAST
changes ... could you imagine the hell that would wreak were he (or anyone
else) were to pull crucial changes after others have built upon it?
The only change in this is the "Juristiction" para is removed ... I've
read this over several times now, and personal feel that all its doing is
extending the existing copyright to cover *ALL* developers, and not just
the "UNIVERITY OF CALIFORNIA" ones ...
If someone wants to point out something I have missed, I'm more then open
to re-reading it again ;)
I consider it an appendum to the existing copyright ... I don't know, does
that make it any less BSD/open?
Marc G. Fournier ICQ#7615664 IRC Nick: Scrappy
Systems Administrator @ hub.org
primary: scrappy@hub.org secondary: scrappy@{freebsd|postgresql}.org
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At 11:42 4/07/00 -0300, The Hermit Hacker wrote:
>
>The only part that I believe at least one person had an issue with was:
>
>"Any person who contributes or submits any modification or other change to
>the PostgreSQL software or documentation grants irrevocable,
>non-exclusive, worldwide permission, without charge, to use, copy, further
>modify and distribute the same under the terms of this license."
>
>Quite frankly, all I'm reading into this paragraph is that once committed,
>Jan (as a recent example) couldn't come along and pull out all his TOAST
>changes ... could you imagine the hell that would wreak were he (or anyone
>else) were to pull crucial changes after others have built upon it?
I am (still) waiting to hear from my IP lawyer, but it is my understanding
that if Jan puts TOAST into CVS, then he has given an implied license for
use to use it in the open source project. As a result I doubt he could
actually force it's removal. What he could do is stop a third party from
using it in another product. This does not seem bad to me.
Unfortunately, with your revised clause, he no longer has that right.
Why not just leave the clause out? The more you diverge from BSD, the more
you make me want GPL.
>The only change in this is the "Juristiction" para is removed ... I've
>read this over several times now, and personal feel that all its doing is
>extending the existing copyright to cover *ALL* developers, and not just
>the "UNIVERITY OF CALIFORNIA" ones ...
It's reducing the rights of developers.
>I consider it an appendum to the existing copyright ... I don't know, does
>that make it any less BSD/open?
I think it does; but I'd be open to any reason why I as a developer should
feel stronger as a result of your suggested clause.
Certainly if I were a private company who wanted to use PG, I would feel
more comfortable with this clause, but that is not how you are marketing it.
----------------------------------------------------------------
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Albatross Consulting Pty. Ltd. |----/ - \
(A.C.N. 008 659 498) | /(@) ______---_
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On Wed, 5 Jul 2000, Philip Warner wrote: > At 11:42 4/07/00 -0300, The Hermit Hacker wrote: > > > >The only part that I believe at least one person had an issue with was: > > > >"Any person who contributes or submits any modification or other change to > >the PostgreSQL software or documentation grants irrevocable, > >non-exclusive, worldwide permission, without charge, to use, copy, further > >modify and distribute the same under the terms of this license." > > > >Quite frankly, all I'm reading into this paragraph is that once committed, > >Jan (as a recent example) couldn't come along and pull out all his TOAST > >changes ... could you imagine the hell that would wreak were he (or anyone > >else) were to pull crucial changes after others have built upon it? > > I am (still) waiting to hear from my IP lawyer, but it is my understanding > that if Jan puts TOAST into CVS, then he has given an implied license for > use to use it in the open source project. As a result I doubt he could > actually force it's removal. What he could do is stop a third party from > using it in another product. This does not seem bad to me. > > Unfortunately, with your revised clause, he no longer has that right. > > Why not just leave the clause out? The more you diverge from BSD, the more > you make me want GPL. > > > >The only change in this is the "Juristiction" para is removed ... I've > >read this over several times now, and personal feel that all its doing is > >extending the existing copyright to cover *ALL* developers, and not just > >the "UNIVERITY OF CALIFORNIA" ones ... > > It's reducing the rights of developers. > > > >I consider it an appendum to the existing copyright ... I don't know, does > >that make it any less BSD/open? > > I think it does; but I'd be open to any reason why I as a developer should > feel stronger as a result of your suggested clause. > > Certainly if I were a private company who wanted to use PG, I would feel > more comfortable with this clause, but that is not how you are marketing it. Wait ... you had me on the first section, but this second one does confuse me ... "reducing the rights of developers" applies to the "Any person who contributes..." clause, or the BOLD liability clauses? I'm definitely not sold on the "Any person who contributes or submits any modification..." clause, and *if* your IP lawyer comes back that your understanding is accurate, I'm even less sold on it ... look forward to hearing back on that ... For me, the only thing that I really like is the three extra BOLD paras that extend the protection from liability to encompass ALL DEVELOPERS instead of just "UNIVERSITY OF CALIFORNIA", which I don't believe any of us falls under? :)
Re: [GENERAL] Revised Copyright: is this more palatable?
From
JanWieck@t-online.de (Jan Wieck)
Date:
The Hermit Hacker wrote:
>
> Okay, from seeing the responses so far on the list, I'm not the only one
> that has issues with the whole "juristiction of virginia" issue *or* the
> "slam this copyright in ppls faces" ... I do like the part in BOLD about
> "ANY DEVELOPER" instead of just the "UNIVERSITY OF CALIFORNIA" ... but I
> consider that an appendum/extension of what is already stated ...
>
> Is the following more palatable to those of us that aren't US citizens?
>
> The only part that I believe at least one person had an issue with was:
>
> "Any person who contributes or submits any modification or other change to
> the PostgreSQL software or documentation grants irrevocable,
> non-exclusive, worldwide permission, without charge, to use, copy, further
> modify and distribute the same under the terms of this license."
>
> Quite frankly, all I'm reading into this paragraph is that once committed,
> Jan (as a recent example) couldn't come along and pull out all his TOAST
> changes ... could you imagine the hell that would wreak were he (or anyone
> else) were to pull crucial changes after others have built upon it?
The new license should clearly make it impossible to later
pull out things again. To stay with me as example, what would
happen if I take out PL/pgSQL, FOREIGN KEY (not all mine I
know), the fixes to the rewriter and so on. They all where
contributed under the old license, so I still hold the
copyright on 'em - don't I. Can a new license change the
legal state of previous contributions? I don't think so. What
do we have to do to reversely apply this "irrevocable" term
to all so far done contributions?
And some words to all the people who think GPL is better.
IMHO it is a kind of Open Source Fashism. Forcing everything
that uses a little snippet of open code to be open too
doesn't have anything to do with free software. There are a
couple of things Open Source can never offer. For example a
native DB-link interface between a Postgres DB and a
commercial one might require NDA to get internals. Surely a
useful thing that must be a closed source product, so what
would it be good for to make it's development impossible?
If someone needs a feature and is willing to pay alot money
to get it right now, why shouldn't a company or some
individual grab it and implement the feature. At some point,
those will learn that it is a good idea to contribute these
things to the free source too, because they'll get rid of
most maintainence efford and gain that future development on
our side doesn't collide with what they're responsible for.
It's so obvious to me that I don't need a license that
enforces it from the very first second.
Jan
--
#======================================================================#
# It's easier to get forgiveness for being wrong than for being right. #
# Let's break this rule - forgive me. #
#================================================== JanWieck@Yahoo.com #
On Tue, 4 Jul 2000, Jan Wieck wrote:
> The Hermit Hacker wrote:
> >
> > Okay, from seeing the responses so far on the list, I'm not the only one
> > that has issues with the whole "juristiction of virginia" issue *or* the
> > "slam this copyright in ppls faces" ... I do like the part in BOLD about
> > "ANY DEVELOPER" instead of just the "UNIVERSITY OF CALIFORNIA" ... but I
> > consider that an appendum/extension of what is already stated ...
> >
> > Is the following more palatable to those of us that aren't US citizens?
> >
> > The only part that I believe at least one person had an issue with was:
> >
> > "Any person who contributes or submits any modification or other change to
> > the PostgreSQL software or documentation grants irrevocable,
> > non-exclusive, worldwide permission, without charge, to use, copy, further
> > modify and distribute the same under the terms of this license."
> >
> > Quite frankly, all I'm reading into this paragraph is that once committed,
> > Jan (as a recent example) couldn't come along and pull out all his TOAST
> > changes ... could you imagine the hell that would wreak were he (or anyone
> > else) were to pull crucial changes after others have built upon it?
>
> The new license should clearly make it impossible to later
> pull out things again. To stay with me as example, what would
> happen if I take out PL/pgSQL, FOREIGN KEY (not all mine I
> know), the fixes to the rewriter and so on. They all where
> contributed under the old license, so I still hold the
> copyright on 'em - don't I. Can a new license change the
> legal state of previous contributions? I don't think so. What
> do we have to do to reversely apply this "irrevocable" term
> to all so far done contributions?
>
> And some words to all the people who think GPL is better.
> IMHO it is a kind of Open Source Fashism. Forcing everything
> that uses a little snippet of open code to be open too
> doesn't have anything to do with free software. There are a
> couple of things Open Source can never offer. For example a
> native DB-link interface between a Postgres DB and a
> commercial one might require NDA to get internals. Surely a
> useful thing that must be a closed source product, so what
> would it be good for to make it's development impossible?
>
> If someone needs a feature and is willing to pay alot money
> to get it right now, why shouldn't a company or some
> individual grab it and implement the feature. At some point,
> those will learn that it is a good idea to contribute these
> things to the free source too, because they'll get rid of
> most maintainence efford and gain that future development on
> our side doesn't collide with what they're responsible for.
> It's so obvious to me that I don't need a license that
> enforces it from the very first second.
So you are in the "make no changes to existing license" camp? Or just
against that one para above?
Marc G. Fournier ICQ#7615664 IRC Nick: Scrappy
Systems Administrator @ hub.org
primary: scrappy@hub.org secondary: scrappy@{freebsd|postgresql}.org
On Tue, Jul 04, 2000 at 05:51:14PM +0200, Jan Wieck wrote:
> The new license should clearly make it impossible to later
> pull out things again.
I'm confused about this. I'm not a coder, so I beg forgiveness for my
intrusion, but how would it be possible to revoke the license on code once
contributed?
If I distribute something under terms t(1), and then later distribute the
same thing under terms t(2), even if terms t(2) revoke terms t(1), I can't
go back and get the original distribution back.
Now, in the case of something easily distributed (like code), if terms t(1)
allow free distribution, then all one needs is to argue that one is copying
that original distribution. Am I missing something?
Because of the above, it seems to me that once some copyrighted work has
been opened, it can't be closed again. Future developments by the original
copyright owner can, of course, include the original copyrightedwork under
different terms. But even the original copyright owner can't go back and
change the license forsomething in the past, no?
--
Andrew Sullivan Computer Services
<sullivana@bpl.on.ca> Burlington Public Library
+1 905 639 3611 x158 2331 New Street
Burlington, Ontario, Canada L7R 1J4
The Hermit Hacker writes: > Is the following more palatable to those of us that aren't US citizens? Is it really necessary that the developers' DISCLAIMER is different in wording than the UCB DISCLAIMER? Is there any deeper thought behind it? If not, I humbly suggest using the same text. > The only part that I believe at least one person had an issue with was: > > "Any person who contributes or submits any modification or other change to > the PostgreSQL software or documentation grants irrevocable, > non-exclusive, worldwide permission, without charge, to use, copy, further > modify and distribute the same under the terms of this license." There is certainly a point behind this. But this point essentially applies to all open source projects, even GPL'ed ones. Is there an implicit grant of license when you submit patches? If we feel that this issue needs to be addressed then we should involve the open source community at large, not move ahead by ourselves. Ask the Open Source Initiative, Software in the Public Interest, the FSF, other large scale projects (FreeBSD), other commercial entities, such as RedHat. You just can't sneak in this sort of new language without anyone noticing. There are also particular issues I have with the wording. What's a "contribution"? One could interpret that any modification to PostgreSQL that you make available to the public at large is a contribution. That would make re-publishing PostgreSQL under a different license impossible. It would also be quite tricky to enforce this change. Consider this: All of the current code is under the current license, you can't change that. Therefore, anyone who contributes changes to the *current* code is not bound by this *new* license; only truly *new* code is bound by the new license. But if it's truly new code then it does not constitute a "modification or other change". So this license could never take effect unless the all the authors of the exiting code explicitly agree that all of their old code is now under the new license. That's not going to happen. Yes, I'm language lawyering. But the fact that such interpretations are possible makes me uneasy. > I consider it an appendum to the existing copyright ... I don't know, does > that make it any less BSD/open? s/copyright/license/ The _copyright_ is held by the entity who wrote the code, the _license_ are the conditions under which he makes them available to the rest of the world. This also makes the current wording "Portions Copyright ... PostgreSQL, Inc." kind of questionable. And yes, IMHO any change to the BSD license makes it less BSD. -- Peter Eisentraut Sernanders väg 10:115 peter_e@gmx.net 75262 Uppsala http://yi.org/peter-e/ Sweden
Re: Re: [GENERAL] Revised Copyright: is this more palatable?
From
JanWieck@t-online.de (Jan Wieck)
Date:
The Hermit Hacker wrote:
>
> So you are in the "make no changes to existing license" camp? Or just
> against that one para above?
>
My home is my castle - since I where in the army I don't like
camps any more :-)
All I want is to be safe against beeing sued for something I
did for free, available for nothing on an AS IS base.
The aspect of "this license permits to make it proprietary"
is IMHO weakened by itself. More and more companies see the
benefits of going open source (getting high experienced
programming and maintainence for free) as the Mozilla,
Interbase and other examples demonstrate.
I started with individual software development on the
customer side. The next step was standard software, to
reduce development costs. Now we are at the beginning of the
next wave, open source. Again reducing development costs. The
closed shop companies will be the loosers in the long run, I
believe. So my focus isn't really on keeping open what once
became open - that'll take care for itself because someone
will be there taking the last open version and continue from
that.
My focus is on beeing protected. And I'm not sure if beeing
bound to any US States law is a good choice for that.
Jan
--
#======================================================================#
# It's easier to get forgiveness for being wrong than for being right. #
# Let's break this rule - forgive me. #
#================================================== JanWieck@Yahoo.com #
At 01:09 5/07/00 +0200, Jan Wieck wrote:
>
> So my focus isn't really on keeping open what once
> became open - that'll take care for itself because someone
> will be there taking the last open version and continue from
> that.
This is called 'faith', and is commendable, but I'm and old testament sort
of person - a few thunderbolts never go amiss!
I truly hope you are right, and that the result of Software Manufacturers
Vs. The Hackers is not the destruction of open source software through
extensive legal battles and intense self-interest.
Am I correct in saying that you agree that the GPL is where we should be,
but you want people to go there of their own free will?
> My focus is on beeing protected. And I'm not sure if beeing
> bound to any US States law is a good choice for that.
I think it's a bad idea.
----------------------------------------------------------------
Philip Warner | __---_____
Albatross Consulting Pty. Ltd. |----/ - \
(A.C.N. 008 659 498) | /(@) ______---_
Tel: (+61) 0500 83 82 81 | _________ \
Fax: (+61) 0500 83 82 82 | ___________ |
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| --________--
PGP key available upon request, | /
and from pgp5.ai.mit.edu:11371 |/
Philip Warner wrote: > > At 01:09 5/07/00 +0200, Jan Wieck wrote: > > > > So my focus isn't really on keeping open what once > > became open - that'll take care for itself because someone > > will be there taking the last open version and continue from > > that. > > This is called 'faith', and is commendable, but I'm and old testament sort > of person - a few thunderbolts never go amiss! > > I truly hope you are right, and that the result of Software Manufacturers > Vs. The Hackers is not the destruction of open source software through > extensive legal battles and intense self-interest. > > Am I correct in saying that you agree that the GPL is where we should be, > but you want people to go there of their own free will? Why do you continue to insist that GPL is superior to BSD? GPL is BSD *with restrictions*. If someone comes along and sweeps up the major developers: A) Good for the major developers - they deserve to have large sums of cash thrown their way, particularly for many of them who have been working on this *for years* B) The moment it happens, the project forks and another "Marc" out-there offers to host development on his machine and the process begins again. PostgreSQL exists despite Illustra's existence. This is not something new. SunOS, AIX, HPUX, etc. all have (at one time or another) considerable BSD roots. And yet FreeBSD still exists... All GPL does is 'poison' the pot by prohibiting commercial spawns which may leverage the code. If someone makes some money selling CommercialGres by integrating replication, distributive, and parallel query, good for them. Mike Mascari
At 13:04 4/07/00 -0300, The Hermit Hacker wrote:
>>
>> Certainly if I were a private company who wanted to use PG, I would feel
>> more comfortable with this clause, but that is not how you are marketing
it.
>
>Wait ... you had me on the first section, but this second one does confuse
>me ... "reducing the rights of developers" applies to the "Any person who
>contributes..." clause, or the BOLD liability clauses?
It was meant to apply to "Any person who...", but based on legal advice, I
was a little wrong. Assuming I could be reasonably expected to be aware of
the BSD nature of the project, and the terms of the BSD license, then by
making a submission, my submission comes under the BSD.
I do still own copyright, but I can't prevent people using it in a
PG-derived project. But I *can* prevent them using it in software to run a
meat-grinder, assuming that software is not recognizably a PG derived
database (as perceived by a reasonable person). This could be relevant to
Jan who wrote compression code, although I suspect he's philosophically
opposed to preventing his actual source code being used in, eg, "The New
Fangled Microsoft Disk Compressor, using advanced Compression Technology
(tm)".
The new clause removes this right.
>I'm definitely not sold on the "Any person who contributes or submits any
>modification..." clause, and *if* your IP lawyer comes back that your
>understanding is accurate, I'm even less sold on it ... look forward to
>hearing back on that ...
I still don't like it for the above reason.
>For me, the only thing that I really like is the three extra BOLD paras
>that extend the protection from liability to encompass ALL DEVELOPERS
>instead of just "UNIVERSITY OF CALIFORNIA", which I don't believe any of
>us falls under? :)
Yes, but legal advice so far suggests it is useless in Australia (&
probably the UK), where it is not lawful to remove warranties. All you can
do here is reduce liability. More on this in a future email.
----------------------------------------------------------------
Philip Warner | __---_____
Albatross Consulting Pty. Ltd. |----/ - \
(A.C.N. 008 659 498) | /(@) ______---_
Tel: (+61) 0500 83 82 81 | _________ \
Fax: (+61) 0500 83 82 82 | ___________ |
Http://www.rhyme.com.au | / \|
| --________--
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and from pgp5.ai.mit.edu:11371 |/
At 00:24 5/07/00 -0400, Mike Mascari wrote:
>>
>> Am I correct in saying that you agree that the GPL is where we should be,
>> but you want people to go there of their own free will?
>
>Why do you continue to insist that GPL is superior to BSD? GPL is BSD
>*with restrictions*
I don't. The above was a question to Jan.
I have stated in the past that I would prefer PG to be GPL, but that is
based on my perception of PG as a 'strategic resource' for my company. The
GPL Vs. BSD discussion is a religious war that will only be resolved in
time. I do, honestly, hope Jan is right about the convergence of open
source and industry.
The context in which I said I would prefer PG to be GPL was when someone
suggested leaving the BSD licence for a more restrictive (to developers
rights over their submissions) version.
>If someone comes along and sweeps up the
>major developers:
>
>A) Good for the major developers - they deserve to have large
>sums of cash thrown their way, particularly for many of them who
>have been working on this *for years*
I totally agree. This can happen under GPL. If I were a company wanting to
develop PG, the source would be less of an issue than access to the core
developers who are the real resource. As Jan has said elsewhere, keeping
source secret is a waste of effort.
>B) The moment it happens, the project forks and another "Marc"
>out-there offers to host development on his machine and the
>process begins again. PostgreSQL exists despite Illustra's
>existence.
No problem here but wasted effort.
>This is not something new. SunOS, AIX, HPUX, etc. all have (at
>one time or another) considerable BSD roots. And yet FreeBSD
>still exists... All GPL does is 'poison' the pot by prohibiting
>commercial spawns which may leverage the code. If someone makes
>some money selling CommercialGres by integrating replication,
>distributive, and parallel query, good for them.
This is the place where the religious war starts, so I'll confine my
comments to the issue at hand:
In summary of my position:
1. I am happy to continue with vanilla BSD + extra warranty & liability
disclaimers.
2. If the license goes anywhere else, I *believe* it probably should go GPL.
3. If people really want to write yeat another license (as opposed to
warranty), then they should do it properly - look at the objectives, look
at all existing public licenses, find the once closest to what the
developer & user base wants, modify it according to the specific needs.
Perhaps a modified LGPL might be better. Someone (Jan?) noted that adding a
driver is a problem under GPL - perhaps that should be addressed, rather
than just taking away more rights of developers as is proposed by Great
Bridge.
----------------------------------------------------------------
Philip Warner | __---_____
Albatross Consulting Pty. Ltd. |----/ - \
(A.C.N. 008 659 498) | /(@) ______---_
Tel: (+61) 0500 83 82 81 | _________ \
Fax: (+61) 0500 83 82 82 | ___________ |
Http://www.rhyme.com.au | / \|
| --________--
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and from pgp5.ai.mit.edu:11371 |/
At 17:51 4/07/00 +0200, Jan Wieck wrote:
>The Hermit Hacker wrote:
>>
> The new license should clearly make it impossible to later
> pull out things again.
My legal advice is that, assuming they knew it was a BSD project, they
can't take it out of PostgreSQL. But you could, for example, stop Microsoft
using your compression code in one of their products. The new license
removes this right from you.
> I still hold the
> copyright on 'em - don't I.
You will have the copyright, even under the new license. All you are doing
is waiving your rights to restrict it's use in any way whatsoever for any
purpose.
> Can a new license change the
> legal state of previous contributions?
No.
> I don't think so. What
> do we have to do to reversely apply this "irrevocable" term
> to all so far done contributions?
Yes. Sticking with BSD looks good to me.
> And some words to all the people who think GPL is better.
> IMHO it is a kind of Open Source Fashism. Forcing everything
> that uses a little snippet of open code to be open too
> doesn't have anything to do with free software. There are a
> couple of things Open Source can never offer. For example a
> native DB-link interface between a Postgres DB and a
> commercial one might require NDA to get internals. Surely a
> useful thing that must be a closed source product, so what
> would it be good for to make it's development impossible?
I agree this is a problem with GPL; perhaps not with LGPL if the new code
could be written to require minimum changes to existing PG code, and if the
PG changes were not related to the NDA. I don't really want to start a GPL
vs. BSD argument here, I'm just asking if you had thought of that possibility.
----------------------------------------------------------------
Philip Warner | __---_____
Albatross Consulting Pty. Ltd. |----/ - \
(A.C.N. 008 659 498) | /(@) ______---_
Tel: (+61) 0500 83 82 81 | _________ \
Fax: (+61) 0500 83 82 82 | ___________ |
Http://www.rhyme.com.au | / \|
| --________--
PGP key available upon request, | /
and from pgp5.ai.mit.edu:11371 |/
Philip Warner wrote: > My legal advice is that, assuming they knew it was a BSD project, they > can't take it out of PostgreSQL. But you could, for example, stop Microsoft > using your compression code in one of their products. The new license > removes this right from you. Why wouldn't MS be able to take the code and use it while abiding by its terms and conditions?
At 15:15 5/07/00 +1000, Chris Bitmead wrote:
>
>Why wouldn't MS be able to take the code and use it while abiding by its
>terms and conditions?
>
I am told that the most likely interpretation of this is that it is for use
in PostgreSQL or one of its descendants. The new clause changes that to
'any use whatsoever'.
----------------------------------------------------------------
Philip Warner | __---_____
Albatross Consulting Pty. Ltd. |----/ - \
(A.C.N. 008 659 498) | /(@) ______---_
Tel: (+61) 0500 83 82 81 | _________ \
Fax: (+61) 0500 83 82 82 | ___________ |
Http://www.rhyme.com.au | / \|
| --________--
PGP key available upon request, | /
and from pgp5.ai.mit.edu:11371 |/
Re: Re: [GENERAL] Revised Copyright: is this morepalatable?
From
JanWieck@t-online.de (Jan Wieck)
Date:
Mike Mascari wrote:
> This is not something new. SunOS, AIX, HPUX, etc. all have (at
> one time or another) considerable BSD roots. And yet FreeBSD
> still exists... All GPL does is 'poison' the pot by prohibiting
> commercial spawns which may leverage the code. If someone makes
> some money selling CommercialGres by integrating replication,
> distributive, and parallel query, good for them.
Let them! It's good for the customer too, because he mustn't
wait until we lazy dogs implement all that.
If they are smart, they will contribute it to the open source
tree sometimes after having their ROI. Otherwise they run the
risk of getting stuck someday when their changes don't apply
any more to our tree but they are still responsible for it's
functionality.
Jan
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Re: Re: [GENERAL] Revised Copyright: is this more palatable??
From
JanWieck@t-online.de (Jan Wieck)
Date:
Philip Warner wrote:
>
> Am I correct in saying that you agree that the GPL is where we should be,
> but you want people to go there of their own free will?
Right. Someone who doesn't want to make his code "FREE" in
the entire meaning of this word but want to make it open for
any non-commercial use should choose it. IMHO the GPL
includes "this is the one and only truth and must propagate
up into everything started on something that once went under
this license". Who am I to restrict my code in that way? Can
I see the future?
Jan
--
#======================================================================#
# It's easier to get forgiveness for being wrong than for being right. #
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#================================================== JanWieck@Yahoo.com #
Philip Warner wrote:
> I do still own copyright, but I can't prevent people using it in a
> PG-derived project. But I *can* prevent them using it in software to run a
> meat-grinder, assuming that software is not recognizably a PG derived
> database (as perceived by a reasonable person). This could be relevant to
> Jan who wrote compression code, although I suspect he's philosophically
> opposed to preventing his actual source code being used in, eg, "The New
> Fangled Microsoft Disk Compressor, using advanced Compression Technology
> (tm)".
Especially the compression code was only coding. The
underlying algorithm (slightly modified) was taken from a 10+
years old usenet article and is the idea of Adisak
Pochanayon.
If anyone on earth can make money out of it, I don't have a
problem with that. This includes M$ and any other company
with bad reputation. But if there's a bug in my code causing
severe damage, I don't want to get sued for it. That's all.
Jan
--
#======================================================================#
# It's easier to get forgiveness for being wrong than for being right. #
# Let's break this rule - forgive me. #
#================================================== JanWieck@Yahoo.com #
Re: Re: [GENERAL] Revised Copyright: is this more palatable??
From
darcy@druid.net (D'Arcy J.M. Cain)
Date:
Thus spake Jan Wieck
> Right. Someone who doesn't want to make his code "FREE" in
> the entire meaning of this word but want to make it open for
> any non-commercial use should choose it. IMHO the GPL
While I am a proponent of keeping the BSD style license, there is nothing
in the GPL about using code for commercial use one way or the other.
--
D'Arcy J.M. Cain <darcy@{druid|vex}.net> | Democracy is three wolves
http://www.druid.net/darcy/ | and a sheep voting on
+1 416 425 1212 (DoD#0082) (eNTP) | what's for dinner.
On Wed, 5 Jul 2000, Philip Warner wrote: > At 00:24 5/07/00 -0400, Mike Mascari wrote: > >> > >> Am I correct in saying that you agree that the GPL is where we should be, > >> but you want people to go there of their own free will? > > > >Why do you continue to insist that GPL is superior to BSD? GPL is BSD > >*with restrictions* > > I don't. The above was a question to Jan. > > I have stated in the past that I would prefer PG to be GPL, but that is > based on my perception of PG as a 'strategic resource' for my company. The > GPL Vs. BSD discussion is a religious war that will only be resolved in > time. I do, honestly, hope Jan is right about the convergence of open > source and industry. Philip ... I abhor GPL myself, which is why PostgreSQL will never fall under it ... I think it is just this side of 'MicroSloth evil' in that it creates way more restrictions on code that are necessary. Its been around so long that ppl have been effectively brainwashed into thinking that "this is the only open source license" ... You cannot close source open source ... unless ppl don't care. If someone were to come along and try, someone else comes along and forks the code off at the point *just before* the license changed and continues along their own thread. Quite frankly, that person forking it off would be me, since PostgreSQL was never intended to be closed source ... ... it doesn't matter if the code is under BSD or GPL, that fork can (and will) happen ... with GPL, its near impossible to do ... with BSD, its easier, but it buys little for the commercial enterprise doing so ... I was going to say that what BSD buys someone over GPL is the ability to create modules taht are binary only, but even GPL allows for that ... *shrug* > >A) Good for the major developers - they deserve to have large > >sums of cash thrown their way, particularly for many of them who > >have been working on this *for years* > > I totally agree. This can happen under GPL. If I were a company wanting to > develop PG, the source would be less of an issue than access to the core > developers who are the real resource. As Jan has said elsewhere, keeping > source secret is a waste of effort. Okay, so BSD vs GPL matters not here ... > >B) The moment it happens, the project forks and another "Marc" > >out-there offers to host development on his machine and the > >process begins again. PostgreSQL exists despite Illustra's > >existence. > > No problem here but wasted effort. And BSD vs GPL matters not here ... > In summary of my position: > > 1. I am happy to continue with vanilla BSD + extra warranty & liability > disclaimers. This is my feeling too ... I won't agree to changing the license over to a "under juristiction of ...", nor will I agreee with the "slam this in front of ppls faces and force them to read it ...". Personally, from all the 'legal' issues that FreeBSD has gone through over the years, especially recently with the BSDi/FreeBSD merger and the whole cryptology merger, I would think they would have been the first to adopt/change their BSD license to something else, and I've never even seen discussions on it ... Putting the license up as a README on the ftp site, and maybe including it as part of the download page ... no probs, not obnoxious ... hell, how many ppl even read the license on sites that require a 'I agree'?
Re: Re: [GENERAL] Revised Copyright: is this morepalatable?
From
teg@redhat.com (Trond Eivind Glomsrød)
Date:
Mike Mascari <mascarm@mascari.com> writes: > This is not something new. SunOS, AIX, HPUX, etc. all have (at > one time or another) considerable BSD roots. And yet FreeBSD > still exists... All GPL does is 'poison' the pot by prohibiting > commercial spawns which may leverage the code. GPL doesn't prohibit commercial spawns - it just requires you to send the source along. -- Trond Eivind Glomsrød Red Hat, Inc.
Re: Re: [GENERAL] Revised Copyright: is this morepalatable?
From
JanWieck@t-online.de (Jan Wieck)
Date:
Trond Eivind=?iso-8859-1?q?_Glomsr=F8d?= wrote:
> Mike Mascari <mascarm@mascari.com> writes:
>
> > This is not something new. SunOS, AIX, HPUX, etc. all have (at
> > one time or another) considerable BSD roots. And yet FreeBSD
> > still exists... All GPL does is 'poison' the pot by prohibiting
> > commercial spawns which may leverage the code.
>
> GPL doesn't prohibit commercial spawns - it just requires you to send
> the source along.
So if someone offers $$$ for implementation of Postgres
feature XYZ I don't have to make that code open source? Only
need to ship the code to the one paying (under NDA so he
cannot publish it) and grab the money?
That's currently possible with our license, and if someone
would pay $30,000 for something I need a month of unpayed
vacation to implement, why not? Maybe I can sell it to
others, that have the same urgent need for this feature, too.
Making another $xK out of it.
No question, the result will finally get contributed so
everyone benefits from it. The reason why someone is even
willing to pay that amount is just to get me out of my
dayjob, focussing on his problem NOW, so it's done in a
month.
Jan
--
#======================================================================#
# It's easier to get forgiveness for being wrong than for being right. #
# Let's break this rule - forgive me. #
#================================================== JanWieck@Yahoo.com #
Re: Re: [GENERAL] Revised Copyright: is this morepalatable?
From
teg@redhat.com (Trond Eivind Glomsrød)
Date:
JanWieck@t-online.de (Jan Wieck) writes: > Trond Eivind=?iso-8859-1?q?_Glomsr=F8d?= wrote: > > Mike Mascari <mascarm@mascari.com> writes: > > > > > This is not something new. SunOS, AIX, HPUX, etc. all have (at > > > one time or another) considerable BSD roots. And yet FreeBSD > > > still exists... All GPL does is 'poison' the pot by prohibiting > > > commercial spawns which may leverage the code. > > > > GPL doesn't prohibit commercial spawns - it just requires you to send > > the source along. > > So if someone offers $$$ for implementation of Postgres > feature XYZ I don't have to make that code open source? You don't have to tell the world they can have it for free - you can sell it, and develop it by demand. > Only need to ship the code to the one paying Yes. > (under NDA so he cannot publish it) and grab the money? An NDA can't be done, but you certainly can grab the money. If he wanted you to add a feature, he could pay you for it. > That's currently possible with our license, With GPL as well - you just can't deny the customer to distribute the source if he wants to. > > No question, the result will finally get contributed so > everyone benefits from it. The reason why someone is even > willing to pay that amount is just to get me out of my > dayjob, focussing on his problem NOW, so it's done in a > month. That would certainly be possible. -- Trond Eivind Glomsrød Red Hat, Inc.
Re: Re: [GENERAL] Revised Copyright: is this morepalatable?
From
JanWieck@t-online.de (Jan Wieck)
Date:
Trond Eivind=?iso-8859-1?q?_Glomsr=F8d?= wrote:
> JanWieck@t-online.de (Jan Wieck) writes:
>
> > Trond Eivind=?iso-8859-1?q?_Glomsr=F8d?= wrote:
> > > Mike Mascari <mascarm@mascari.com> writes:
> > >
> > > > This is not something new. SunOS, AIX, HPUX, etc. all have (at
> > > > one time or another) considerable BSD roots. And yet FreeBSD
> > > > still exists... All GPL does is 'poison' the pot by prohibiting
> > > > commercial spawns which may leverage the code.
> > >
> > > GPL doesn't prohibit commercial spawns - it just requires you to send
> > > the source along.
> >
> > So if someone offers $$$ for implementation of Postgres
> > feature XYZ I don't have to make that code open source?
>
> You don't have to tell the world they can have it for free - you can
> sell it, and develop it by demand.
>
> > Only need to ship the code to the one paying
>
> Yes.
Now I don't want to ship the source code. My customer would
be happy with a patched 8.2.3 binary as long as I'm
responsible to patch future versions until I release the
sources. Is that OK?
Jan
--
#======================================================================#
# It's easier to get forgiveness for being wrong than for being right. #
# Let's break this rule - forgive me. #
#================================================== JanWieck@Yahoo.com #
Re: Re: [GENERAL] Revised Copyright: is this morepalatable?
From
teg@redhat.com (Trond Eivind Glomsrød)
Date:
JanWieck@t-online.de (Jan Wieck) writes: > Trond Eivind Glomsrød wrote: > > JanWieck@t-online.de (Jan Wieck) writes: > > > > > Trond Eivind Glomsrød wrote: > > > > Mike Mascari <mascarm@mascari.com> writes: > > > > > > > > > This is not something new. SunOS, AIX, HPUX, etc. all have (at > > > > > one time or another) considerable BSD roots. And yet FreeBSD > > > > > still exists... All GPL does is 'poison' the pot by prohibiting > > > > > commercial spawns which may leverage the code. > > > > > > > > GPL doesn't prohibit commercial spawns - it just requires you to send > > > > the source along. > > > > > > So if someone offers $$$ for implementation of Postgres > > > feature XYZ I don't have to make that code open source? > > > > You don't have to tell the world they can have it for free - you can > > sell it, and develop it by demand. > > > > > Only need to ship the code to the one paying > > > > Yes. > > Now I don't want to ship the source code. My customer would > be happy with a patched 8.2.3 binary as long as I'm > responsible to patch future versions until I release the > sources. Is that OK? You don't have to give the customer the source, as long as you gurantee that he gets it (for cost of distribution) if he wants it. -- Trond Eivind Glomsrød Red Hat, Inc.
Re: Re: [GENERAL] Revised Copyright: is this morepalatable?
From
JanWieck@t-online.de (Jan Wieck)
Date:
Trond Eivind=?iso-8859-1?q?_Glomsr=F8d?= wrote:
> JanWieck@t-online.de (Jan Wieck) writes:
>
> > Trond Eivind Glomsrød wrote:
> > > JanWieck@t-online.de (Jan Wieck) writes:
> > >
> > > > Trond Eivind Glomsrød wrote:
> > > > > Mike Mascari <mascarm@mascari.com> writes:
> > > > >
> > > > > > This is not something new. SunOS, AIX, HPUX, etc. all have (at
> > > > > > one time or another) considerable BSD roots. And yet FreeBSD
> > > > > > still exists... All GPL does is 'poison' the pot by prohibiting
> > > > > > commercial spawns which may leverage the code.
> > > > >
> > > > > GPL doesn't prohibit commercial spawns - it just requires you to send
> > > > > the source along.
> > > >
> > > > So if someone offers $$$ for implementation of Postgres
> > > > feature XYZ I don't have to make that code open source?
> > >
> > > You don't have to tell the world they can have it for free - you can
> > > sell it, and develop it by demand.
> > >
> > > > Only need to ship the code to the one paying
> > >
> > > Yes.
> >
> > Now I don't want to ship the source code. My customer would
> > be happy with a patched 8.2.3 binary as long as I'm
> > responsible to patch future versions until I release the
> > sources. Is that OK?
>
> You don't have to give the customer the source, as long as you
> gurantee that he gets it (for cost of distribution) if he wants it.
Wordy, but how can I prevent him to ask for?
Jan
--
#======================================================================#
# It's easier to get forgiveness for being wrong than for being right. #
# Let's break this rule - forgive me. #
#================================================== JanWieck@Yahoo.com #
Re: Re: [GENERAL] Revised Copyright: is this morepalatable?
From
teg@redhat.com (Trond Eivind Glomsrød)
Date:
JanWieck@t-online.de (Jan Wieck) writes: > Trond Eivind=?iso-8859-1?q?_Glomsr=F8d?= wrote: > > JanWieck@t-online.de (Jan Wieck) writes: > > > > > Trond Eivind Glomsrød wrote: > > > > JanWieck@t-online.de (Jan Wieck) writes: > > > > > > > > > Trond Eivind Glomsrød wrote: > > > > > > Mike Mascari <mascarm@mascari.com> writes: > > > > > > > > > > > > > This is not something new. SunOS, AIX, HPUX, etc. all have (at > > > > > > > one time or another) considerable BSD roots. And yet FreeBSD > > > > > > > still exists... All GPL does is 'poison' the pot by prohibiting > > > > > > > commercial spawns which may leverage the code. > > > > > > > > > > > > GPL doesn't prohibit commercial spawns - it just requires you to send > > > > > > the source along. > > > > > > > > > > So if someone offers $$$ for implementation of Postgres > > > > > feature XYZ I don't have to make that code open source? > > > > > > > > You don't have to tell the world they can have it for free - you can > > > > sell it, and develop it by demand. > > > > > > > > > Only need to ship the code to the one paying > > > > > > > > Yes. > > > > > > Now I don't want to ship the source code. My customer would > > > be happy with a patched 8.2.3 binary as long as I'm > > > responsible to patch future versions until I release the > > > sources. Is that OK? > > > > You don't have to give the customer the source, as long as you > > gurantee that he gets it (for cost of distribution) if he wants it. > > Wordy, but how can I prevent him to ask for? By doing everything he wants (and perfect) so he doesn't have a need for it? Basically, GPL is intended to protect the end user and guaranteeing him the source if he wants it - and that he can do what he wants to with it, as long as he doesn't prevent others from doing so. -- Trond Eivind Glomsrød Red Hat, Inc.
On 5 Jul 2000, Trond Eivind[iso-8859-1] Glomsr�d wrote: > Basically, GPL is intended to protect the end user and guaranteeing > him the source if he wants it - and that he can do what he wants to > with it, as long as he doesn't prevent others from doing so. Which has the potential to really screw over developers who want to devote themselves to for pay, (in this case) PostgreSQL hacking. The threat of major pieces of code diverging is enough to assure that most "closed source" enhancements will eventually be donated once the R&D effort has been paid off. We see these sort of contributions all the time in the FreeBSD project. I don't think that the GPL or a GPL like license has anything to offer the PostgreSQL project. Extending the liability clause seems like a smart move, as FreeBSD has done (most new stuff is commited under a '2 clause' BSD derived license.) -- | Matthew N. Dodd | '78 Datsun 280Z | '75 Volvo 164E | FreeBSD/NetBSD | | winter@jurai.net | 2 x '84 Volvo 245DL | ix86,sparc,pmax | | http://www.jurai.net/~winter | This Space For Rent | ISO8802.5 4ever |