Re: Evolution copyright assignment: Storm in a teacup

[Carlos Morgado <chbm gnome org>]

On Fri, 06 Aug 2004 21:25:19, Andreas J. Guelzow wrote:
> On Fri, 2004-08-06 at 13:43, Robert Love wrote:
> > On Fri, 2004-08-06 at 20:32 +0100, Rui Miguel Seabra wrote:
> >
> > > This is a lie, what you're spreading. It is very likely unintentional,
> > > but nevertheless a lie. There's no "simultaneously", this is not even
> > > dual licensing.
> >
> > Dude.
> >
> > Section (4) of the copyright agreement promises to always distribute the
> > program under the GPL or another DFSG compatible license.
>
> No! Please reread it. It says "a" program not "the" program. There are 2
> clauses there. There is no indication that the program referred to in
> the second clause need also be distributed under a DFSG license.

"4. Ximian agrees to distribute the Works or a Program
enhanced by the Works under a license that complies
with the Debian Free Software Guidelines; the GNU
General Public License is an example of such a license.
Ximian may at its sole discretion also offer the Works
or a Program enhanced by the Works under other
license terms."

1(a)
"[...] to the program Ximian Evolution (herein called the
"Program") [...]"
"[...] These changes and/or enhancements are herein
called the "Works." [...]"

So it reads,
Ximian agrees to distribute the [patches] or a [patched] Ximian Evolution  
under a license that complies with the Debian Free Software Guidelines.

So Rui is sort-of-right, he's just picking on the wrong point or believing  
it's blidingly obvious the "or" between Works and Program makes it possible  
for a non free version for Evo to be released as long as the original patch  
remains unchanged.

Nat (the undersigned) should probably see about changing the text to "the  
Program or a Program enhanced by the Works" just so that everybody is 100%  
sure it's just an oversight not a loophole.

(yes, i'm backtracking on my previous position. this just goes to show you  
should always read very carefully whatever you sign)

--
Carlos Morgado - chbm(a)ma.ssive.net - http://chbm.net/ 
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