Re: FSF stance on GPL issues.
Posted: 19 Aug 2008, 21:18
That was a VERY good and clear explanation. mind if I cite you on it later?Radtoo wrote:TRUTH
Open Source Realtime Strategy Game Engine
https://springrts.com/phpbb/
That was a VERY good and clear explanation. mind if I cite you on it later?Radtoo wrote:TRUTH
How can you call yourself a contributor and a GPL stakeholder in spring if you explicitly refuse to stop breaching the engine's license until a lawsuit is thrown at you?I'm a Spring contributor, and thus am part of the GPL copyright holders group that would supposedly suffer "damages" for code in a free project that costs me money to make
I really really find this absurdly ironic.Argh wrote:No. Sue me, if the FSF will take the case. I'm not changing the license until ordered to by a judge.You need to GPL these scripts. (KDR and the FSF are of course right. He isn't a "harried staffer"!)
I'll be happy to have a day in court over this. I'm a Spring contributor, and thus am part of the GPL copyright holders group that would supposedly suffer "damages" for code in a free project that costs me money to make- I have no advertising revenue, etc., to offset my server costs, let alone my time, software, etc.
It'll look absurd in court, and I don't think the FSF will win, either.
... no, I don't mind. It is a challenge to disprove me, if anything. And it was intended to go give the most relevant rules for people who don't want to read the gpl.smoth wrote:That was a VERY good and clear explanation. mind if I cite you on it later?Radtoo wrote:TRUTH
Very simply, I was never a "GPL zealot". You probably have just forgotten (or missed) the real history of what happened. I have been pushed around, mainly by the same damn people, into different positions on this stupid issue, and I'm basically saying that I'm sick and tired of it, and am not going to go for this yet again.What exactly happened to cause you to go from GPL-zealot to your current "so sue me!" state, Argh?
You may change a GPL product or code, in whole or in part, to derive a work which must, among other things, be licensed under this license.2. You may modify your copy or copies of the Program or any portion of it, thus forming a work based on the Program, and copy and
distribute such modifications or work under the terms of Section 1
above, provided that you also meet all of these conditions:
. . .
b) You must cause any work that you distribute or publish, that in
whole or in part contains or is derived from the Program or any
part thereof, to be licensed as a whole at no charge to all third
parties under the terms of this License.
The rules apply to the distribution as a single entity, components which are distinct from the derived work are not protected by GPL when distributed separately. They are only GPL as part of a GPL whole.These requirements apply to the modified work as a whole. If
identifiable sections of that work are not derived from the Program,
and can be reasonably considered independent and separate works in
themselves, then this License, and its terms, do not apply to those
sections when you distribute them as separate works. But when you
distribute the same sections as part of a whole which is a work based
on the Program, the distribution of the whole must be on the terms of
this License, whose permissions for other licensees extend to the
entire whole, and thus to each and every part regardless of who wrote it.
The distribution does not extend to all the contents of the storage media.In addition, mere aggregation of another work not based on the Program with the Program (or with a work based on the Program) on a volume of a storage or distribution medium does not bring the other work under the scope of this License.
The sanctity of a GPL whole and GPL components must be respected for the rights to persist.4. You may not copy, modify, sublicense, or distribute the Program except as expressly provided under this License. Any attempt otherwise to copy, modify, sublicense or distribute the Program is void, and will automatically terminate your rights...
Then... er... how can we possibly consider a game, which is actually an archive containing many files within it, each of which is released separately from Spring, to magically become GPL?If identifiable sections of that work are not derived from the Program,
and can be reasonably considered independent and separate works in
themselves, then this License, and its terms, do not apply to those
sections when you distribute them as separate works.
I'm sorry. I had hoped that me saying "your stuff uses" (as opposed to "you use") makes it clear that uses of the likes of derivation, modification, or combination (as opposed to aggregation) are meant.neddiedrow wrote:Use is not derivation.
By the copyright imposed need for components to have permission to use / incorporate / modfiy / combine with others, or even to be redistributed. (I should attach a "loose terms/incomplete listing" warning, eh?).Argh wrote: Then... er... how can we possibly consider a game, which is actually an archive containing many files within it, each of which is released separately from Spring, to magically become GPL?
Yes. I'm just saying, very simply, that I do not think it's enforceable, and would welcome a legal challenge at this point. At least it'd get this crap finally over with, one way or another.Yes, I was aware that you had trouble, and I'm sorry about that, but the GPL is enforcable by the copyright holders.
That's the point I've been attempting drive home here. Most Lua scripts do NOT "combine" with anything else. They don't share anything except what is provided to them through the API itself. In short, they could be running in another engine entirely- the assertions about the "connections" are entirely based on the premise that no other engine except for Spring could possibly use those functions in an identical manner. I don't think that's a defensible argument, myself.By the need for components to have permission to use / incorporate / modfiy / combine with others.
That API thing is a dead give-away though. It's a "combination" (Warning: Not legal lingo) according to the GPL, as this does not fall under any of the clauses where it states which two things together are not a combination.Argh wrote:But that's the point I've been attempting drive home here. Most Lua scripts do NOT "combine" with anything else. They don't share anything except what is provided to them through the API itself.
Without rights to use this engine, they would have to. :)Argh wrote:In short, they could be running in another engine entirely
Well, it didn't, your use of the language is imprecise and misleading. This is law, and law may not be rational considering it is based upon analogy, but it is entrenched in intentionally vague language for the sake of flexibility and emergent interpretation. We do not need to exacerbate the problem.Radtoo wrote:I'm sorry. I had hoped that me saying "your stuff uses" (as opposed to "you use") makes it clear that uses of the likes of derivation, modification, or combination (as opposed to aggregation) are meant.
nah, you just played with the dev version. I learned ceg myself and our ceg styles are different.Argh wrote:3. I released it... and then faced the first of these "debates", because people wanted to use my then-revolutionary CEG code (this was back when nobody but me knew how to do decent CEGs).
I don't recall this.Argh wrote:4. Huge arguments ensued, because I had dual-licensed various parts of the game. The main content and code (all COB) was licensed GPL. The CEGs were licensed CC-SA.
I argued against it explaining aggregate and you ignored my supportArgh wrote:5. After much huge argument... AF presented the "whole game" argument, saying that basically a game is either all GPL, or not GPL, but could not be dual-licensed.
I very reluctantly accepted this argument. This put the license of NB from dual to GPL, and set the stage for the rest of the disasters that followed.
yep, he misunderstood how it worked. People do that, which is why I hate gpl.Argh wrote:6. Fanger asked to use the animation code from the Strider, to improve E&E walker animations. I said yes, and said, very explicitly, that it was GPL, assuming he'd been following the massive arguments, and knew what that meant. At the time, I thought this meant E&E would become GPL, and I explicitly told Fanger that I would support it becoming the "GPL-friendly" flagship game.
I like this rendition of yours. Yeah, I liked the part where you didn't tell fang what he did. I love the part where you threatened to sue him. I loved how it only took an evening to supplant everthing he ever borrowed from you.Argh wrote:7. Fanger releases E&E, neglects to include any GPL notices, does not credit me, and when I call him on it, all hell breaks loose. Smoth gets with Fanger to write new animation code and attempt to cover up what's happened, and I blew my top and went ballistic. If you're wondering why I don't like Fanger, that's why, and it was well-documented at the time.
Again, apologies - I tried to make it easier to understand, it didn't work out...neddiedrow wrote:We do not need to exacerbate the problem
as an "and" condition, and that it will not be a single program if that "and" is just an "or"?If the program dynamically links plug-ins, and they make function calls to each other and share data structures, we believe they form a single program, which must be treated as an extension of both the main program and the plug-ins.
This may not be the law or a totally reliable source, but it is very reasonable to assume.Since there is no record of anyone circumventing the GPL by dynamic linking and contesting when threatened with lawsuits by the copyright holder, the restriction appears de facto enforceable even if not yet proven de jure.
This isn't dynamic linking. This isn't all "one program" in any real sense. Users experience it that way, but it's an illusion.Since there is no record of anyone circumventing the GPL by dynamic linking and contesting when threatened with lawsuits by the copyright holder, the restriction appears de facto enforceable even if not yet proven de jure.