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2002 Oct 19 16:12

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Re: [vox] need help: long boring question about the GPL
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Re: [vox] need help: long boring question about the GPL

FSF has made it clear that they can't enforce GPL violations on software
that's not copyrighted by FSF.  So if the copyright owners of Chord
violated the GPL of their own software, which I don't think they've done
here (explained below), there's nothing you can do.

Furthermore, the authors of a piece of software is allowed to distribute
their software with any of type of license they want, including making new
licenses based on another one with modifications (IANAL, tho).  To me,
their intention is clear -- they wanna distribute their software under a
modified GPL.

Also, if the previous versions of their software was under GPL, but the
newer versions of their software is under modified GPL, one may ask
whether that's a violation of GPL.  But remember there's a clause in GPL
to take back the GPL license on future releases of the software by the
copyright holder(s) (IANAL, but that's what I recall.)  So all they've
done, as far as I can see, is they took back the the GPL on the new
version of the software and released it under a modified GPL.

I think Yam's idea of distributing the patch is the best idea here.


PS: But you could conceivably modify the old versions of Chord that's
under GPL and redistribute that... but probably not worth the effort.  But
again, IANAL, but that's my understanding.

On Wed, 16 Oct 2002, Peter Jay Salzman wrote:

> 7. the source code itself (the .c and .h files) have no copyright notice
>    in them, other than handling the -A switch which prints out the pure
>    GPL with no restrictions.
> i'd like to focus on the restrictions that say:
> a. you're not allowed to distribute a modified version of the program
>    without written consent of the authors.
> b. you can't use the source code in any other commercial or public
>    domain software.
> first of all, these restrictions are a clear violation of the GPL.
> second of all, i *think* the restrictions are also a violation of the
> LGPL, if and only if the term "library" refers also to "source code".  i
> believe it does.  the LGPL says in section 0 (focus on the word "work"):
>    The "Library", below, refers to any such software library or work
>    which has been distributed under these terms.
> this is important to me because i have modified the program (version 3)
> and would like to redistribute the changes, with their authorship and
> copyright intact.   i believe both the GPL and LGPL give me the right.
> so i have the following questions:
> 1. what license should i consider chord version 3 to be licensed under?
>    the GPL, LGPL, GPL with their restrictions or LGPL with their
>    restrictions?
> 2. are their restrictions a violation of the GPL?
> 3. are their restrictions in violation of the LGPL?
> 4. pragmatically, can i release their code with my modifications without
>    consent?
> sorry for the long winded post, but it's a confusing topic.
> if you want to see the zip ball that i downloaded the source code from,
> see:
> http://shred.guitar.net/OLGA/n/chordpro/Programs/
> click on "CHORD3.6.ZIP".
> pete
> --
> Fingerprint: B9F1 6CF3 47C4 7CD8 D33E 70A9 A3B9 1945 67EA 951D
> _______________________________________________
> vox mailing list
> vox@lists.lugod.org
> http://lists.lugod.org/mailman/listinfo/vox

Mark K. Kim
PGP key available upon request.

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