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Re: [Texi2html-bug] Re: about public domain code in texi2html


From: Reinhold Kainhofer
Subject: Re: [Texi2html-bug] Re: about public domain code in texi2html
Date: Wed, 5 Nov 2008 03:37:04 +0100
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Am Mittwoch, 5. November 2008 schrieb Karl Berry:
>     But more importantly, I want that users be able to
>     copy a function from it, modify it and use it without having to think
>     about license issues.
>
> They don't have to think about it.  They just do their copying and
> modification as they wish.  If they leave off the license notice, or
> never think about licensing, that's ok.

Huh? This is absolutely NOT OK!

The GPL clearly says that any modified version distributed needs to contain 
the GPL and must users point to it:
"And you must show them these terms so they
know their rights." (Preamble)

Even worse, the GPL clearly says that you are not allowed to remove the 
copyright notices without breaking the GPL and that you also must distribute 
the GPL text (sec.4, which is also referenced in sec.5 talking about 
distributing modified source code):
"  You may convey verbatim copies of the Program's source code as you
receive it, in any medium, provided that you conspicuously and
appropriately publish on each copy an appropriate copyright notice;
keep intact all notices stating that this License and any
non-permissive terms added in accord with section 7 apply to the code;
keep intact all notices of the absence of any warranty; and give all
recipients a copy of this License along with the Program."


Also, the GPL requires you to state that you modified the code and give a date 
(5a):
"    a) The work must carry prominent notices stating that you modified
    it, and giving a relevant date."

Furthermore, the GPL clearly says that you cannot leave out the license notice 
legally (5b):
"    b) The work must carry prominent notices stating that it is
    released under this License and any conditions added under section
    7.  This requirement modifies the requirement in section 4 to
    "keep intact all notices".


Of course, as long as you don't distribute the config file, there's no 
problem, but as soon as you add the config file to a tarball for your 
application, you have to add the GPL itself, leave intact (copy over?) all 
copyright notices in the config file, etc. So, even if your application is 
licensed under a completely different license, you'll have to add the GPL, 
too, just because of a config file for building the documentation (and 
believe me, if you want nice looking texi2html output, you WILL have to copy 
and modify some of the functions from texi2html.init into your own .init 
file).

So, from a user's perspective, I completely understand Patrice's stance (and 
welcome it very much!).

> It happens all the time.  It  doesn't make what they did illegal.

Just because something happens all the time doesn't mean it's legal.
If you read the GPL, as soon as these persons distribute their config file, 
they are breaking the GPL...

Cheers,
Reinhold
- -- 
- ------------------------------------------------------------------
Reinhold Kainhofer, Vienna University of Technology, Austria
email: address@hidden, http://reinhold.kainhofer.com/
 * Financial and Actuarial Mathematics, TU Wien, http://www.fam.tuwien.ac.at/
 * K Desktop Environment, http://www.kde.org, KOrganizer maintainer
 * Chorvereinigung "Jung-Wien", http://www.jung-wien.at/
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