[PD-ot] Re: [PD] PiDiP's legal status

[Hans-Christoph Steiner]

On Jan 17, 2006, at 8:55 AM, IOhannes m zmoelnig wrote:

> moved this thread to pd-ot.
> while licensing is an important issue in software-development, it is  
> not necessarily a related to further pd development.
>
> Hans-Christoph Steiner wrote:
>> Actually, it does work like that in this situation.  PiDiP started  
>> with  GNU GPL'ed code, therefore must remain GPL'ed.  Yves could get
>
> no. the code taken from effecTV has to remain GPL'ed (and everything  
> that is directly based on it)
> quoting matju: "PiDiP could keep the GPL-incompatible license by  
> replacing all of the GPL code by some other differently-licensed  
> compatible non-derivative code."

Actually, yes.  The GNU GPL doesn't just affect the code directly based  
on other GPL'ed code, it affects the whole software package.  Check the  
GNU GPL FAQ:

http://www.gnu.org/licenses/gpl-faq.html#GPLAndPlugins

http://www.gnu.org/licenses/gpl-faq.html#LinkingWithGPL

>
>> permission from the effectv for a different license, then change the
>
> that's the other option.
>
>> PiDiP license, but that would only affect future versions of PiDiP.
>
> only half true.
> all versions of PiDiP which have been released _only_ under the GPL  
> will stay GPL'ed forever (because they are already released)
>
> however, i don't think that this does affect the versions of PiDiP  
> that came with the double license.
> probably they are really undistributable, i don't know.
> but you cannot just assume that the GPL applies.

>
> e.g. i am free to change the license of zexy to a EULA-monster. and  
> while versions up to 2.1 will stay GPL'ed all future (from the time  
> where any code is distributed with the new license) versions will by  
> EULAed.
>
> now the license of PiDiP has already changed. so the GPL does not  
> (directly) apply to the current version.
>
> but then i am no layer

Because of the rules of the GPL, there was never a point were PiDiP  
wasn't available under the GNU GPL.  The BSD license with the added  
clause can not override the original GNU GPL.  It can be offered as an  
alternate license to the GNU GPL as long as the complete sources are  
available under the terms of the GNU GPL.

Therefore all versions of PiDiP up til now are available under the GNU  
GPL.  That could change in the future if the GPL'ed effectv code was  
removed.

.hc

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