Re: Re: GPL/LGPL

"Brian F. G. Bidulock" <[email protected]> Sat, 2 Dec 2006 09:29:56 -0700
Newsgroups gmane.linux.kernel.streams
Organization http://www.openss7.org/
Message-ID <[email protected]>
Ole,

Please see responses to your comments inline...

On Sat, 02 Dec 2006, Ole Husgaard wrote:

> Hi,
>=20
> Brian F. G. Bidulock wrote:
> > Regardless of whether your modified sources are considered simple
> > aggregation (which they cannot), your fundamental gpl-violation is th=
at
> > you did not include a copy of the license per Section 1 of the GPL.
> > Thus your distribution is in violation of the GPL, and your attempt t=
o
> > distribute the files without a copy of the license means that, for yo=
u,
> > the license is void and terminates.  Anyone else that has redistribut=
ed
> > LiS-2.18.0 from your site without including the license, such as Stev=
e,
> > is also in fundamental violation of the GPL and the license to these
> > files was void and terminated.  As we follow a dual-licensing model,
> > punitive damages may have resulted from these gpl violations.  For mo=
re
> > information, see http://www.gpl-violations.org/
>=20
> I am the owner of the copyrights in the contributions I have done to
> LiS. Some of these contributions are released under the GPL, and some
> are released under the LGPL.
>=20
> I have never given you permission to relicense or redistribute these
> works under any other license terms than the GPL respective the LGPL.
>=20
> Therefore, I would like you to explain your remark above about dual-
> licensing this code. I really hope I am misunderstanding something.

I was referring to code that I have authored, released under GPL, and
that was included in the LiS distribution.  Not your code.

Take a look at http://www.gpl-violations.org/ if you are interested to
see some of the ramifications of a dual-license model on GPL violations.

>=20
> >>   At 04:48 PM 8/30/2006, Brian F. G. Bidulock wrote:
> >>
> >>     Dave,
> [snip]
> >>     ./include/sys/tihdr.h
> >>     ./include/sys/timod.h
> [snip]
> >>     Your license to copy and distribute these files is revoked.  Ple=
ase
> >>     remove them from your website.
>=20
> I wrote the two files not snipped from the list above last millenium,
> and contributed them to LiS under the LGPL license. Please explain your
> right to prohibit others from redistributing them under the LGPL licens=
e.

You should look at the files.  The files you wrote were replaced by
files of the same name written by me.

Yes, LiS originally contained some of the files from your (ancient) xti
package.  That package didn't work well, was not thread safe, the timod
crashed kernels and was not to spec.  So I rewrote the whole thing from
scratch, including those two replacement header files.  Parts of it was
released under LGPL (the libxnet XTI library) and parts under GPL (the
timod and tirdwr modules and the inet driver).  The problem here is that
my GPL'ed parts were (are) distributed (instead of your files) in the
package without including a copy of the (GPL) license, constituting a
basic GPL violation.

Others were going further to claim that these LiS distributions were
all-LGPL, which was incorrect at best.  Not wanting to speak for you (as
there are some GPL components of yours in the distribution), I was only
speaking to my GPL components in the distribution.  Your welcome to
complain about yours as well: you have several GPL components in the LiS
distributions that are distributed in violation of the GPL too (the
distribution does not contain a copy of the GPL license).

Dave removed his and that was that.  However, there are several other
distributions and redistributions of LiS (from Intel/Dialogic,
Hewlett-Packard, Wanware, IBM and others) that are likely equally in
violation.

But it might be moot: Linux Fast-STREAMS is far superior to LiS in
conformance, performance, production stability, and production kernel
support.  LiS pales so much by comparison, it can only be considered
deprecated.

If anyone distributing LiS is concerned, OpenSS7 will offer blanket
licence to redistribute unmodified these files to which it has rights
in exchange for a meager sponsorship of the OpenSS7 open source project.
You'll get the latest and greatest Linux Fast-STREAMS too.

--brian

--=20
Brian F. G. Bidulock    =A6 The reasonable man adapts himself to the =A6
[email protected]    =A6 world; the unreasonable one persists in  =A6
http://www.openss7.org/ =A6 trying  to adapt the  world  to himself. =A6
                        =A6 Therefore  all  progress  depends on the =A6
                        =A6 unreasonable man. -- George Bernard Shaw =A6