Thread

  1. Revised Copyright: is this more palatable?

    Marc G. Fournier <scrappy@hub.org> — 2000-07-04T14:42:00Z

    Okay, from seeing the responses so far on the list, I'm not the only one
    that has issues with the whole "juristiction of virginia" issue *or* the
    "slam this copyright in ppls faces" ... I do like the part in BOLD about
    "ANY DEVELOPER" instead of just the "UNIVERSITY OF CALIFORNIA" ... but I
    consider that an appendum/extension of what is already stated ...
    
    Is the following more palatable to those of us that aren't US citizens? 
    
    The only part that I believe at least one person had an issue with was:
    
    "Any person who contributes or submits any modification or other change to
    the PostgreSQL software or documentation grants irrevocable,
    non-exclusive, worldwide permission, without charge, to use, copy, further
    modify and distribute the same under the terms of this license."
    
    Quite frankly, all I'm reading into this paragraph is that once committed,
    Jan (as a recent example) couldn't come along and pull out all his TOAST
    changes ... could you imagine the hell that would wreak were he (or anyone
    else) were to pull crucial changes after others have built upon it?
    
    The only change in this is the "Juristiction" para is removed ... I've
    read this over several times now, and personal feel that all its doing is
    extending the existing copyright to cover *ALL* developers, and not just
    the "UNIVERITY OF CALIFORNIA" ones ...
    
    If someone wants to point out something I have missed, I'm more then open
    to re-reading it again ;)
    
    I consider it an appendum to the existing copyright ... I don't know, does
    that make it any less BSD/open?
    
    Marc G. Fournier                   ICQ#7615664               IRC Nick: Scrappy
    Systems Administrator @ hub.org 
    primary: scrappy@hub.org           secondary: scrappy@{freebsd|postgresql}.org 
    
    ====================================================================
    
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    Any person who contributes or submits any modification or other change to
    the PostgreSQL software or documentation grants irrevocable,
    non-exclusive, worldwide permission, without charge, to use, copy, further
    modify and distribute the same under the terms of this license.
    
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  2. Re: [HACKERS] Revised Copyright: is this more palatable?

    Philip Warner <pjw@rhyme.com.au> — 2000-07-04T15:13:05Z

    At 11:42 4/07/00 -0300, The Hermit Hacker wrote:
    >
    >The only part that I believe at least one person had an issue with was:
    >
    >"Any person who contributes or submits any modification or other change to
    >the PostgreSQL software or documentation grants irrevocable,
    >non-exclusive, worldwide permission, without charge, to use, copy, further
    >modify and distribute the same under the terms of this license."
    >
    >Quite frankly, all I'm reading into this paragraph is that once committed,
    >Jan (as a recent example) couldn't come along and pull out all his TOAST
    >changes ... could you imagine the hell that would wreak were he (or anyone
    >else) were to pull crucial changes after others have built upon it?
    
    I am (still) waiting to hear from my IP lawyer, but it is my understanding
    that if Jan puts TOAST into CVS, then he has given an implied license for
    use to use it in the open source project. As a result I doubt he could
    actually force it's removal. What he could do is stop a third party from
    using it in another product. This does not seem bad to me.
    
    Unfortunately, with your revised clause, he no longer has that right.
    
    Why not just leave the clause out? The more you diverge from BSD, the more
    you make me want GPL. 
    
    
    >The only change in this is the "Juristiction" para is removed ... I've
    >read this over several times now, and personal feel that all its doing is
    >extending the existing copyright to cover *ALL* developers, and not just
    >the "UNIVERITY OF CALIFORNIA" ones ...
    
    It's reducing the rights of developers.
    
    
    >I consider it an appendum to the existing copyright ... I don't know, does
    >that make it any less BSD/open?
    
    I think it does; but I'd be open to any reason why I as a developer should
    feel stronger as a result of your suggested clause.
    
    Certainly if I were a private company who wanted to use PG, I would feel
    more comfortable with this clause, but that is not how you are marketing it.
    
    
    
    
    ----------------------------------------------------------------
    Philip Warner                    |     __---_____
    Albatross Consulting Pty. Ltd.   |----/       -  \
    (A.C.N. 008 659 498)             |          /(@)   ______---_
    Tel: (+61) 0500 83 82 81         |                 _________  \
    Fax: (+61) 0500 83 82 82         |                 ___________ |
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    and from pgp5.ai.mit.edu:11371   |/
    
    
  3. Re: Revised Copyright: is this more palatable?

    Jan Wieck <janwieck@t-online.de> — 2000-07-04T15:51:14Z

    The Hermit Hacker wrote:
    >
    > Okay, from seeing the responses so far on the list, I'm not the only one
    > that has issues with the whole "juristiction of virginia" issue *or* the
    > "slam this copyright in ppls faces" ... I do like the part in BOLD about
    > "ANY DEVELOPER" instead of just the "UNIVERSITY OF CALIFORNIA" ... but I
    > consider that an appendum/extension of what is already stated ...
    >
    > Is the following more palatable to those of us that aren't US citizens?
    >
    > The only part that I believe at least one person had an issue with was:
    >
    > "Any person who contributes or submits any modification or other change to
    > the PostgreSQL software or documentation grants irrevocable,
    > non-exclusive, worldwide permission, without charge, to use, copy, further
    > modify and distribute the same under the terms of this license."
    >
    > Quite frankly, all I'm reading into this paragraph is that once committed,
    > Jan (as a recent example) couldn't come along and pull out all his TOAST
    > changes ... could you imagine the hell that would wreak were he (or anyone
    > else) were to pull crucial changes after others have built upon it?
    
        The  new  license  should clearly make it impossible to later
        pull out things again. To stay with me as example, what would
        happen  if  I  take out PL/pgSQL, FOREIGN KEY (not all mine I
        know), the fixes to the rewriter and so on.  They  all  where
        contributed  under  the  old  license,  so  I  still hold the
        copyright on 'em - don't I.  Can a  new  license  change  the
        legal state of previous contributions? I don't think so. What
        do we have to do to reversely apply this  "irrevocable"  term
        to all so far done contributions?
    
        And  some  words  to  all the people who think GPL is better.
        IMHO it is a kind of Open Source Fashism. Forcing  everything
        that  uses  a  little  snippet  of  open  code to be open too
        doesn't have anything to do with free software.  There are  a
        couple  of  things Open Source can never offer. For example a
        native  DB-link  interface  between  a  Postgres  DB  and   a
        commercial  one  might require NDA to get internals. Surely a
        useful thing that must be a closed source  product,  so  what
        would it be good for to make it's development impossible?
    
        If  someone  needs a feature and is willing to pay alot money
        to get  it  right  now,  why  shouldn't  a  company  or  some
        individual  grab it and implement the feature. At some point,
        those will learn that it is a good idea to  contribute  these
        things  to  the  free  source too, because they'll get rid of
        most maintainence efford and gain that future development  on
        our  side  doesn't collide with what they're responsible for.
        It's so obvious to me  that  I  don't  need  a  license  that
        enforces it from the very first second.
    
    
    Jan
    
    --
    
    #======================================================================#
    # It's easier to get forgiveness for being wrong than for being right. #
    # Let's break this rule - forgive me.                                  #
    #================================================== JanWieck@Yahoo.com #
    
    
    
    
  4. Re: [HACKERS] Revised Copyright: is this more palatable?

    Marc G. Fournier <scrappy@hub.org> — 2000-07-04T16:04:55Z

    On Wed, 5 Jul 2000, Philip Warner wrote:
    
    > At 11:42 4/07/00 -0300, The Hermit Hacker wrote:
    > >
    > >The only part that I believe at least one person had an issue with was:
    > >
    > >"Any person who contributes or submits any modification or other change to
    > >the PostgreSQL software or documentation grants irrevocable,
    > >non-exclusive, worldwide permission, without charge, to use, copy, further
    > >modify and distribute the same under the terms of this license."
    > >
    > >Quite frankly, all I'm reading into this paragraph is that once committed,
    > >Jan (as a recent example) couldn't come along and pull out all his TOAST
    > >changes ... could you imagine the hell that would wreak were he (or anyone
    > >else) were to pull crucial changes after others have built upon it?
    > 
    > I am (still) waiting to hear from my IP lawyer, but it is my understanding
    > that if Jan puts TOAST into CVS, then he has given an implied license for
    > use to use it in the open source project. As a result I doubt he could
    > actually force it's removal. What he could do is stop a third party from
    > using it in another product. This does not seem bad to me.
    > 
    > Unfortunately, with your revised clause, he no longer has that right.
    > 
    > Why not just leave the clause out? The more you diverge from BSD, the more
    > you make me want GPL. 
    > 
    > 
    > >The only change in this is the "Juristiction" para is removed ... I've
    > >read this over several times now, and personal feel that all its doing is
    > >extending the existing copyright to cover *ALL* developers, and not just
    > >the "UNIVERITY OF CALIFORNIA" ones ...
    > 
    > It's reducing the rights of developers.
    > 
    > 
    > >I consider it an appendum to the existing copyright ... I don't know, does
    > >that make it any less BSD/open?
    > 
    > I think it does; but I'd be open to any reason why I as a developer should
    > feel stronger as a result of your suggested clause.
    > 
    > Certainly if I were a private company who wanted to use PG, I would feel
    > more comfortable with this clause, but that is not how you are marketing it.
    
    Wait ... you had me on the first section, but this second one does confuse
    me ... "reducing the rights of developers" applies to the "Any person who
    contributes..." clause, or the BOLD liability clauses?
    
    I'm definitely not sold on the "Any person who contributes or submits any
    modification..." clause, and *if* your IP lawyer comes back that your
    understanding is accurate, I'm even less sold on it ... look forward to
    hearing back on that ...
    
    For me, the only thing that I really like is the three extra BOLD paras
    that extend the protection from liability to encompass ALL DEVELOPERS
    instead of just "UNIVERSITY OF CALIFORNIA", which I don't believe any of
    us falls under? :)
    
    
    
    
    
  5. Re: [HACKERS] Re: Revised Copyright: is this more palatable?

    Marc G. Fournier <scrappy@hub.org> — 2000-07-04T16:54:15Z

    On Tue, 4 Jul 2000, Jan Wieck wrote:
    
    > The Hermit Hacker wrote:
    > >
    > > Okay, from seeing the responses so far on the list, I'm not the only one
    > > that has issues with the whole "juristiction of virginia" issue *or* the
    > > "slam this copyright in ppls faces" ... I do like the part in BOLD about
    > > "ANY DEVELOPER" instead of just the "UNIVERSITY OF CALIFORNIA" ... but I
    > > consider that an appendum/extension of what is already stated ...
    > >
    > > Is the following more palatable to those of us that aren't US citizens?
    > >
    > > The only part that I believe at least one person had an issue with was:
    > >
    > > "Any person who contributes or submits any modification or other change to
    > > the PostgreSQL software or documentation grants irrevocable,
    > > non-exclusive, worldwide permission, without charge, to use, copy, further
    > > modify and distribute the same under the terms of this license."
    > >
    > > Quite frankly, all I'm reading into this paragraph is that once committed,
    > > Jan (as a recent example) couldn't come along and pull out all his TOAST
    > > changes ... could you imagine the hell that would wreak were he (or anyone
    > > else) were to pull crucial changes after others have built upon it?
    > 
    >     The  new  license  should clearly make it impossible to later
    >     pull out things again. To stay with me as example, what would
    >     happen  if  I  take out PL/pgSQL, FOREIGN KEY (not all mine I
    >     know), the fixes to the rewriter and so on.  They  all  where
    >     contributed  under  the  old  license,  so  I  still hold the
    >     copyright on 'em - don't I.  Can a  new  license  change  the
    >     legal state of previous contributions? I don't think so. What
    >     do we have to do to reversely apply this  "irrevocable"  term
    >     to all so far done contributions?
    > 
    >     And  some  words  to  all the people who think GPL is better.
    >     IMHO it is a kind of Open Source Fashism. Forcing  everything
    >     that  uses  a  little  snippet  of  open  code to be open too
    >     doesn't have anything to do with free software.  There are  a
    >     couple  of  things Open Source can never offer. For example a
    >     native  DB-link  interface  between  a  Postgres  DB  and   a
    >     commercial  one  might require NDA to get internals. Surely a
    >     useful thing that must be a closed source  product,  so  what
    >     would it be good for to make it's development impossible?
    > 
    >     If  someone  needs a feature and is willing to pay alot money
    >     to get  it  right  now,  why  shouldn't  a  company  or  some
    >     individual  grab it and implement the feature. At some point,
    >     those will learn that it is a good idea to  contribute  these
    >     things  to  the  free  source too, because they'll get rid of
    >     most maintainence efford and gain that future development  on
    >     our  side  doesn't collide with what they're responsible for.
    >     It's so obvious to me  that  I  don't  need  a  license  that
    >     enforces it from the very first second.
    
    So you are in the "make no changes to existing license" camp?  Or just
    against that one para above?
    
    Marc G. Fournier                   ICQ#7615664               IRC Nick: Scrappy
    Systems Administrator @ hub.org 
    primary: scrappy@hub.org           secondary: scrappy@{freebsd|postgresql}.org 
    
    
    
  6. Re: Revised Copyright: is this more palatable?

    Andrew Sullivan <sullivana@bpl.on.ca> — 2000-07-04T18:13:59Z

    On Tue, Jul 04, 2000 at 05:51:14PM +0200, Jan Wieck wrote:
    
    >     The  new  license  should clearly make it impossible to later
    >     pull out things again. 
    
    I'm confused about this.  I'm not a coder, so I beg forgiveness for my
    intrusion, but how would it be possible to revoke the license on code once
    contributed?
    
    If I distribute something under terms t(1), and then later distribute the
    same thing under terms t(2), even if terms t(2) revoke terms t(1), I can't
    go back and get the original distribution back.  
    
    Now, in the case of something easily distributed (like code), if terms t(1)
    allow free distribution, then all one needs is to argue that one is copying
    that original distribution.  Am I missing something?
    
    Because of the above, it seems to me that once some copyrighted work has
    been opened, it can't be closed again.  Future developments by the original
    copyright owner can, of course, include the original copyrightedwork under
    different terms.  But even the original copyright owner can't go back and
    change the license forsomething in the past, no?
    
    -- 
    Andrew Sullivan                                      Computer Services
    <sullivana@bpl.on.ca>                        Burlington Public Library
    +1 905 639 3611 x158                                   2331 New Street
                                       Burlington, Ontario, Canada L7R 1J4
    
    
  7. Re: Revised Copyright: is this more palatable?

    Marc G. Fournier <scrappy@hub.org> — 2000-07-04T18:24:21Z

    On Tue, 4 Jul 2000, Andrew Sullivan wrote:
    
    > On Tue, Jul 04, 2000 at 05:51:14PM +0200, Jan Wieck wrote:
    > 
    > >     The  new  license  should clearly make it impossible to later
    > >     pull out things again. 
    > 
    > I'm confused about this.  I'm not a coder, so I beg forgiveness for my
    > intrusion, but how would it be possible to revoke the license on code once
    > contributed?
    > 
    > If I distribute something under terms t(1), and then later distribute the
    > same thing under terms t(2), even if terms t(2) revoke terms t(1), I can't
    > go back and get the original distribution back.  
    > 
    > Now, in the case of something easily distributed (like code), if terms t(1)
    > allow free distribution, then all one needs is to argue that one is copying
    > that original distribution.  Am I missing something?
    > 
    > Because of the above, it seems to me that once some copyrighted work has
    > been opened, it can't be closed again.  Future developments by the original
    > copyright owner can, of course, include the original copyrightedwork under
    > different terms.  But even the original copyright owner can't go back and
    > change the license forsomething in the past, no?
    
    To the best of *my* knowledge, a copyright cannot be retro-actively
    imposed on software ... but, I'm not a copyright lawyer, so may be wrong
    on this ...
    
    I *believe* what Jan was getting at was that the copyright should be made
    such that, as our example has gone so far, if his TOAST contribution falls
    under said copyright, he can't, at some later date, decide to pull *his*
    code out of the tree ... but, it only works "from that day forward", not
    retro-actively on any previous code he's submitted ...
    
    
    
    
  8. Re: [HACKERS] Re: Revised Copyright: is this more palatable?

    Jan Wieck <janwieck@t-online.de> — 2000-07-04T23:09:15Z

    The Hermit Hacker wrote:
    >
    > So you are in the "make no changes to existing license" camp?  Or just
    > against that one para above?
    >
    
        My home is my castle - since I where in the army I don't like
        camps any more :-)
    
        All I want is to be safe against beeing sued for something  I
        did for free, available for nothing on an AS IS base.
    
        The  aspect  of "this license permits to make it proprietary"
        is IMHO weakened by itself. More and more companies  see  the
        benefits  of  going  open  source  (getting  high experienced
        programming  and  maintainence  for  free)  as  the  Mozilla,
        Interbase and other examples demonstrate.
    
        I   started  with  individual  software  development  on  the
        customer side.  The  next  step  was  standard  software,  to
        reduce development costs.  Now we are at the beginning of the
        next wave, open source. Again reducing development costs. The
        closed  shop companies will be the loosers in the long run, I
        believe. So my focus isn't really on keeping open  what  once
        became  open  -  that'll take care for itself because someone
        will be there taking the last open version and continue  from
        that.
    
        My  focus  is on beeing protected. And I'm not sure if beeing
        bound to any US States law is a good choice for that.
    
    
    Jan
    
    --
    
    #======================================================================#
    # It's easier to get forgiveness for being wrong than for being right. #
    # Let's break this rule - forgive me.                                  #
    #================================================== JanWieck@Yahoo.com #
    
    
    
    
  9. Re: Revised Copyright: is this more palatable?

    Peter Eisentraut <peter_e@gmx.net> — 2000-07-05T00:11:53Z

    The Hermit Hacker writes:
    
    > Is the following more palatable to those of us that aren't US citizens? 
    
    Is it really necessary that the developers' DISCLAIMER is different in
    wording than the UCB DISCLAIMER? Is there any deeper thought behind it? If
    not, I humbly suggest using the same text.
    
    > The only part that I believe at least one person had an issue with was:
    > 
    > "Any person who contributes or submits any modification or other change to
    > the PostgreSQL software or documentation grants irrevocable,
    > non-exclusive, worldwide permission, without charge, to use, copy, further
    > modify and distribute the same under the terms of this license."
    
    There is certainly a point behind this. But this point essentially applies
    to all open source projects, even GPL'ed ones. Is there an implicit grant
    of license when you submit patches? If we feel that this issue needs to be
    addressed then we should involve the open source community at large, not
    move ahead by ourselves. Ask the Open Source Initiative, Software in the
    Public Interest, the FSF, other large scale projects (FreeBSD), other
    commercial entities, such as RedHat. You just can't sneak in this sort of
    new language without anyone noticing.
    
    There are also particular issues I have with the wording. What's a
    "contribution"? One could interpret that any modification to PostgreSQL
    that you make available to the public at large is a contribution. That
    would make re-publishing PostgreSQL under a different license impossible.
    
    It would also be quite tricky to enforce this change. Consider this: All
    of the current code is under the current license, you can't change that.
    Therefore, anyone who contributes changes to the *current* code is not
    bound by this *new* license; only truly *new* code is bound by the new
    license. But if it's truly new code then it does not constitute a
    "modification or other change". So this license could never take effect
    unless the all the authors of the exiting code explicitly agree that all
    of their old code is now under the new license. That's not going to
    happen.
    
    Yes, I'm language lawyering. But the fact that such interpretations are
    possible makes me uneasy.
    
    > I consider it an appendum to the existing copyright ... I don't know, does
    > that make it any less BSD/open?
    
    s/copyright/license/
    
    The _copyright_ is held by the entity who wrote the code, the _license_
    are the conditions under which he makes them available to the rest of the
    world. This also makes the current wording "Portions Copyright ...
    PostgreSQL, Inc." kind of questionable.
    
    And yes, IMHO any change to the BSD license makes it less BSD.
    
    
    -- 
    Peter Eisentraut                  Sernanders väg 10:115
    peter_e@gmx.net                   75262 Uppsala
    http://yi.org/peter-e/            Sweden
    
    
    
  10. Re: [HACKERS] Re: Revised Copyright: is this more palatable?

    Philip Warner <pjw@rhyme.com.au> — 2000-07-05T04:12:55Z

    At 01:09 5/07/00 +0200, Jan Wieck wrote:
    >
    >    So my focus isn't really on keeping open  what  once
    >    became  open  -  that'll take care for itself because someone
    >    will be there taking the last open version and continue  from
    >    that.
    
    This is called 'faith', and is commendable, but I'm and old testament sort
    of person - a few thunderbolts never go amiss!
    
    I truly hope you are right, and that the result of Software Manufacturers
    Vs. The Hackers is not the destruction of open source software through
    extensive legal battles and intense self-interest. 
    
    Am I correct in saying that you agree that the GPL is where we should be,
    but you want people to go there of their own free will?
    
    
    >    My  focus  is on beeing protected. And I'm not sure if beeing
    >    bound to any US States law is a good choice for that.
    
    I think it's a bad idea.
    
    
    ----------------------------------------------------------------
    Philip Warner                    |     __---_____
    Albatross Consulting Pty. Ltd.   |----/       -  \
    (A.C.N. 008 659 498)             |          /(@)   ______---_
    Tel: (+61) 0500 83 82 81         |                 _________  \
    Fax: (+61) 0500 83 82 82         |                 ___________ |
    Http://www.rhyme.com.au          |                /           \|
                                     |    --________--
    PGP key available upon request,  |  /
    and from pgp5.ai.mit.edu:11371   |/
    
    
  11. Re: [HACKERS] Re: Revised Copyright: is this morepalatable?

    Mike Mascari <mascarm@mascari.com> — 2000-07-05T04:24:31Z

    Philip Warner wrote:
    > 
    > At 01:09 5/07/00 +0200, Jan Wieck wrote:
    > >
    > >    So my focus isn't really on keeping open  what  once
    > >    became  open  -  that'll take care for itself because someone
    > >    will be there taking the last open version and continue  from
    > >    that.
    > 
    > This is called 'faith', and is commendable, but I'm and old testament sort
    > of person - a few thunderbolts never go amiss!
    > 
    > I truly hope you are right, and that the result of Software Manufacturers
    > Vs. The Hackers is not the destruction of open source software through
    > extensive legal battles and intense self-interest.
    > 
    > Am I correct in saying that you agree that the GPL is where we should be,
    > but you want people to go there of their own free will?
    
    Why do you continue to insist that GPL is superior to BSD? GPL is
    BSD *with restrictions*. If someone comes along and sweeps up the
    major developers:
    
    A) Good for the major developers - they deserve to have large
    sums of cash thrown their way, particularly for many of them who
    have been working on this *for years*
    
    B) The moment it happens, the project forks and another "Marc"
    out-there offers to host development on his machine and the
    process begins again. PostgreSQL exists despite Illustra's
    existence.
    
    This is not something new. SunOS, AIX, HPUX, etc. all have (at
    one time or another) considerable BSD roots. And yet FreeBSD
    still exists... All GPL does is 'poison' the pot by prohibiting
    commercial spawns which may leverage the code. If someone makes
    some money selling CommercialGres by integrating replication,
    distributive, and parallel query, good for them.
    
    Mike Mascari
    
    
  12. Re: [HACKERS] Revised Copyright: is this more palatable?

    Philip Warner <pjw@rhyme.com.au> — 2000-07-05T04:40:43Z

    At 13:04 4/07/00 -0300, The Hermit Hacker wrote:
    >> 
    >> Certainly if I were a private company who wanted to use PG, I would feel
    >> more comfortable with this clause, but that is not how you are marketing
    it.
    >
    >Wait ... you had me on the first section, but this second one does confuse
    >me ... "reducing the rights of developers" applies to the "Any person who
    >contributes..." clause, or the BOLD liability clauses?
    
    It was meant to apply to "Any person who...", but based on legal advice, I
    was a little wrong. Assuming I could be reasonably expected to be aware of
    the BSD nature of the project, and the terms of the BSD license, then by
    making a submission, my submission comes under the BSD. 
    
    I do still own copyright, but I can't prevent people using it in a
    PG-derived project. But I *can* prevent them using it in software to run a
    meat-grinder, assuming that software is not recognizably a PG derived
    database (as perceived by a reasonable person). This could be relevant to
    Jan who wrote  compression code, although I suspect he's philosophically
    opposed to preventing his actual source code being used in, eg, "The New
    Fangled Microsoft Disk Compressor, using advanced Compression Technology
    (tm)".
    
    The new clause removes this right.
    
    
    >I'm definitely not sold on the "Any person who contributes or submits any
    >modification..." clause, and *if* your IP lawyer comes back that your
    >understanding is accurate, I'm even less sold on it ... look forward to
    >hearing back on that ...
    
    I still don't like it for the above reason.
    
    
    >For me, the only thing that I really like is the three extra BOLD paras
    >that extend the protection from liability to encompass ALL DEVELOPERS
    >instead of just "UNIVERSITY OF CALIFORNIA", which I don't believe any of
    >us falls under? :)
    
    Yes, but legal advice so far suggests it is useless in Australia (&
    probably the UK), where it is not lawful to remove warranties. All you can
    do here is reduce liability. More on this in a future email.
    
    
    
    ----------------------------------------------------------------
    Philip Warner                    |     __---_____
    Albatross Consulting Pty. Ltd.   |----/       -  \
    (A.C.N. 008 659 498)             |          /(@)   ______---_
    Tel: (+61) 0500 83 82 81         |                 _________  \
    Fax: (+61) 0500 83 82 82         |                 ___________ |
    Http://www.rhyme.com.au          |                /           \|
                                     |    --________--
    PGP key available upon request,  |  /
    and from pgp5.ai.mit.edu:11371   |/
    
    
  13. Re: [HACKERS] Re: Revised Copyright: is this morepalatable?

    Philip Warner <pjw@rhyme.com.au> — 2000-07-05T05:00:08Z

    At 00:24 5/07/00 -0400, Mike Mascari wrote:
    >> 
    >> Am I correct in saying that you agree that the GPL is where we should be,
    >> but you want people to go there of their own free will?
    >
    >Why do you continue to insist that GPL is superior to BSD? GPL is BSD 
    >*with restrictions*
    
    I don't. The above was a question to Jan.
    
    I have stated in the past that I would prefer PG to be GPL, but that is
    based on my perception of PG as a 'strategic resource' for my company. The
    GPL Vs. BSD discussion is a religious war that will only be resolved in
    time. I do, honestly, hope Jan is right about the convergence of open
    source and industry.
    
    The context in which I said I would prefer PG to be GPL was when someone
    suggested leaving the BSD licence for a more restrictive (to developers
    rights over their submissions) version.
    
    
    >If someone comes along and sweeps up the
    >major developers:
    >
    >A) Good for the major developers - they deserve to have large
    >sums of cash thrown their way, particularly for many of them who
    >have been working on this *for years*
    
    I totally agree. This can happen under GPL. If I were a company wanting to
    develop PG, the source would be less of an issue than access to the core
    developers who are the real resource. As Jan has said elsewhere, keeping
    source secret is a waste of effort.
    
    
    >B) The moment it happens, the project forks and another "Marc"
    >out-there offers to host development on his machine and the
    >process begins again. PostgreSQL exists despite Illustra's
    >existence.
    
    No problem here but wasted effort.
    
    
    >This is not something new. SunOS, AIX, HPUX, etc. all have (at
    >one time or another) considerable BSD roots. And yet FreeBSD
    >still exists... All GPL does is 'poison' the pot by prohibiting
    >commercial spawns which may leverage the code. If someone makes
    >some money selling CommercialGres by integrating replication,
    >distributive, and parallel query, good for them.
    
    This is the place where the religious war starts, so I'll confine my
    comments to the issue at hand:
    
    In summary of my position:
    
    1. I am happy to continue with vanilla BSD + extra warranty & liability
    disclaimers.
    
    2. If the license goes anywhere else, I *believe* it probably should go GPL.
    
    3. If people really want to write yeat another license (as opposed to
    warranty), then they should do it properly - look at the objectives, look
    at all existing public licenses, find the once closest to what the
    developer & user base wants, modify it according to the specific needs.
    Perhaps a modified LGPL might be better. Someone (Jan?) noted that adding a
    driver is a problem under GPL - perhaps that should be addressed, rather
    than just taking away more rights of developers as is proposed by Great
    Bridge.
    
    
    
    
    ----------------------------------------------------------------
    Philip Warner                    |     __---_____
    Albatross Consulting Pty. Ltd.   |----/       -  \
    (A.C.N. 008 659 498)             |          /(@)   ______---_
    Tel: (+61) 0500 83 82 81         |                 _________  \
    Fax: (+61) 0500 83 82 82         |                 ___________ |
    Http://www.rhyme.com.au          |                /           \|
                                     |    --________--
    PGP key available upon request,  |  /
    and from pgp5.ai.mit.edu:11371   |/
    
    
  14. Re: [HACKERS] Re: Revised Copyright: is this more palatable?

    Philip Warner <pjw@rhyme.com.au> — 2000-07-05T05:10:49Z

    At 17:51 4/07/00 +0200, Jan Wieck wrote:
    >The Hermit Hacker wrote:
    >>
    >    The  new  license  should clearly make it impossible to later
    >    pull out things again. 
    
    My legal advice is that, assuming they knew it was a BSD project, they
    can't take it out of PostgreSQL. But you could, for example, stop Microsoft
    using your compression code in one of their products. The new license
    removes this right from you.
    
    
    >    I  still hold the
    >    copyright on 'em - don't I. 
    
    You will have the copyright, even under the new license. All you are doing
    is waiving your rights to restrict it's use in any way whatsoever for any
    purpose.
    
    
    >    Can a  new  license  change  the
    >    legal state of previous contributions?
    
    No.
    
    
    >    I don't think so. What
    >    do we have to do to reversely apply this  "irrevocable"  term
    >    to all so far done contributions?
    
    Yes. Sticking with BSD looks good to me.
    
    
    >    And  some  words  to  all the people who think GPL is better.
    >    IMHO it is a kind of Open Source Fashism. Forcing  everything
    >    that  uses  a  little  snippet  of  open  code to be open too
    >    doesn't have anything to do with free software.  There are  a
    >    couple  of  things Open Source can never offer. For example a
    >    native  DB-link  interface  between  a  Postgres  DB  and   a
    >    commercial  one  might require NDA to get internals. Surely a
    >    useful thing that must be a closed source  product,  so  what
    >    would it be good for to make it's development impossible?
    
    I agree this is a problem with GPL; perhaps not with LGPL if the new code
    could be written to require minimum changes to existing PG code, and if the
    PG changes were not related to the NDA. I don't really want to start a GPL
    vs. BSD argument here, I'm just asking if you had thought of that possibility.
    
    
    
    ----------------------------------------------------------------
    Philip Warner                    |     __---_____
    Albatross Consulting Pty. Ltd.   |----/       -  \
    (A.C.N. 008 659 498)             |          /(@)   ______---_
    Tel: (+61) 0500 83 82 81         |                 _________  \
    Fax: (+61) 0500 83 82 82         |                 ___________ |
    Http://www.rhyme.com.au          |                /           \|
                                     |    --________--
    PGP key available upon request,  |  /
    and from pgp5.ai.mit.edu:11371   |/
    
    
  15. Re: [HACKERS] Re: Revised Copyright: is this morepalatable?

    Chris Bitmead <chrisb@nimrod.itg.telstra.com.au> — 2000-07-05T05:15:12Z

    Philip Warner wrote:
    
    > My legal advice is that, assuming they knew it was a BSD project, they
    > can't take it out of PostgreSQL. But you could, for example, stop Microsoft
    > using your compression code in one of their products. The new license
    > removes this right from you.
    
    Why wouldn't MS be able to take the code and use it while abiding by its
    terms and conditions?
    
    
  16. Re: [HACKERS] Re: Revised Copyright: is this morepalatable?

    Philip Warner <pjw@rhyme.com.au> — 2000-07-05T05:34:41Z

    At 15:15 5/07/00 +1000, Chris Bitmead wrote:
    >
    >Why wouldn't MS be able to take the code and use it while abiding by its
    >terms and conditions?
    >
    
    I am told that the most likely interpretation of this is that it is for use
    in PostgreSQL or one of its descendants. The new clause changes that to
    'any use whatsoever'.
    
    ----------------------------------------------------------------
    Philip Warner                    |     __---_____
    Albatross Consulting Pty. Ltd.   |----/       -  \
    (A.C.N. 008 659 498)             |          /(@)   ______---_
    Tel: (+61) 0500 83 82 81         |                 _________  \
    Fax: (+61) 0500 83 82 82         |                 ___________ |
    Http://www.rhyme.com.au          |                /           \|
                                     |    --________--
    PGP key available upon request,  |  /
    and from pgp5.ai.mit.edu:11371   |/
    
    
  17. Re: [HACKERS] Re: Revised Copyright: is this more palatable??

    Jan Wieck <janwieck@t-online.de> — 2000-07-05T09:10:27Z

    Philip Warner wrote:
    >
    > Am I correct in saying that you agree that the GPL is where we should be,
    > but you want people to go there of their own free will?
    
        Right.  Someone  who  doesn't want to make his code "FREE" in
        the entire meaning of this word but want to make it open  for
        any  non-commercial  use  should  choose  it.  IMHO  the  GPL
        includes "this is the one and only truth and  must  propagate
        up  into everything started on something that once went under
        this license". Who am I to restrict my code in that way?  Can
        I see the future?
    
    
    Jan
    
    --
    
    #======================================================================#
    # It's easier to get forgiveness for being wrong than for being right. #
    # Let's break this rule - forgive me.                                  #
    #================================================== JanWieck@Yahoo.com #
    
    
    
    
  18. Re: [HACKERS] Re: Revised Copyright: is this morepalatable?

    Jan Wieck <janwieck@t-online.de> — 2000-07-05T09:31:26Z

    Mike Mascari wrote:
    > This is not something new. SunOS, AIX, HPUX, etc. all have (at
    > one time or another) considerable BSD roots. And yet FreeBSD
    > still exists... All GPL does is 'poison' the pot by prohibiting
    > commercial spawns which may leverage the code. If someone makes
    > some money selling CommercialGres by integrating replication,
    > distributive, and parallel query, good for them.
    
        Let  them! It's good for the customer too, because he mustn't
        wait until we lazy dogs implement all that.
    
        If they are smart, they will contribute it to the open source
        tree sometimes after having their ROI. Otherwise they run the
        risk of getting stuck someday when their changes don't  apply
        any  more to our tree but they are still responsible for it's
        functionality.
    
    
    Jan
    
    --
    
    #======================================================================#
    # It's easier to get forgiveness for being wrong than for being right. #
    # Let's break this rule - forgive me.                                  #
    #================================================== JanWieck@Yahoo.com #
    
    
    
    
  19. Re: [HACKERS] Revised Copyright: is this more palatable?

    Jan Wieck <janwieck@t-online.de> — 2000-07-05T09:42:39Z

    Philip Warner wrote:
    > I do still own copyright, but I can't prevent people using it in a
    > PG-derived project. But I *can* prevent them using it in software to run a
    > meat-grinder, assuming that software is not recognizably a PG derived
    > database (as perceived by a reasonable person). This could be relevant to
    > Jan who wrote  compression code, although I suspect he's philosophically
    > opposed to preventing his actual source code being used in, eg, "The New
    > Fangled Microsoft Disk Compressor, using advanced Compression Technology
    > (tm)".
    
        Especially   the   compression  code  was  only  coding.  The
        underlying algorithm (slightly modified) was taken from a 10+
        years   old   usenet  article  and  is  the  idea  of  Adisak
        Pochanayon.
    
        If anyone on earth can make money out of it, I don't  have  a
        problem  with  that.  This  includes M$ and any other company
        with bad reputation.  But if there's a bug in my code causing
        severe damage, I don't want to get sued for it. That's all.
    
    
    Jan
    
    --
    
    #======================================================================#
    # It's easier to get forgiveness for being wrong than for being right. #
    # Let's break this rule - forgive me.                                  #
    #================================================== JanWieck@Yahoo.com #
    
    
    
    
  20. Re: [HACKERS] Re: Revised Copyright: is this more palatable??

    D'Arcy J.M. Cain <darcy@druid.net> — 2000-07-05T12:02:09Z

    Thus spake Jan Wieck
    >     Right.  Someone  who  doesn't want to make his code "FREE" in
    >     the entire meaning of this word but want to make it open  for
    >     any  non-commercial  use  should  choose  it.  IMHO  the  GPL
    
    While I am a proponent of keeping the BSD style license, there is nothing
    in the GPL about using code for commercial use one way or the other.
    
    -- 
    D'Arcy J.M. Cain <darcy@{druid|vex}.net>   |  Democracy is three wolves
    http://www.druid.net/darcy/                |  and a sheep voting on
    +1 416 425 1212     (DoD#0082)    (eNTP)   |  what's for dinner.
    
    
  21. Re: [HACKERS] Re: Revised Copyright: is this morepalatable?

    Marc G. Fournier <scrappy@hub.org> — 2000-07-05T12:11:43Z

    On Wed, 5 Jul 2000, Philip Warner wrote:
    
    > At 00:24 5/07/00 -0400, Mike Mascari wrote:
    > >> 
    > >> Am I correct in saying that you agree that the GPL is where we should be,
    > >> but you want people to go there of their own free will?
    > >
    > >Why do you continue to insist that GPL is superior to BSD? GPL is BSD 
    > >*with restrictions*
    > 
    > I don't. The above was a question to Jan.
    > 
    > I have stated in the past that I would prefer PG to be GPL, but that is
    > based on my perception of PG as a 'strategic resource' for my company. The
    > GPL Vs. BSD discussion is a religious war that will only be resolved in
    > time. I do, honestly, hope Jan is right about the convergence of open
    > source and industry.
    
    Philip ... I abhor GPL myself, which is why PostgreSQL will never fall
    under it ... I think it is just this side of 'MicroSloth evil' in that it
    creates way more restrictions on code that are necessary.  Its been around
    so long that ppl have been effectively brainwashed into thinking that
    "this is the only open source license" ...
    
    You cannot close source open source ... unless ppl don't care.  If
    someone were to come along and try, someone else comes along and forks the
    code off at the point *just before* the license changed and continues
    along their own thread.  Quite frankly, that person forking it off would
    be me, since PostgreSQL was never intended to be closed source ...
    
    ... it doesn't matter if the code is under BSD or GPL, that fork can (and
    will) happen ... with GPL, its near impossible to do ... with BSD, its
    easier, but it buys little for the commercial enterprise doing so ...
    
    I was going to say that what BSD buys someone over GPL is the ability to
    create modules taht are binary only, but even GPL allows for that
    ... *shrug*
    
    
    > >A) Good for the major developers - they deserve to have large
    > >sums of cash thrown their way, particularly for many of them who
    > >have been working on this *for years*
    > 
    > I totally agree. This can happen under GPL. If I were a company wanting to
    > develop PG, the source would be less of an issue than access to the core
    > developers who are the real resource. As Jan has said elsewhere, keeping
    > source secret is a waste of effort.
    
    Okay, so BSD vs GPL matters not here ...
    
    > >B) The moment it happens, the project forks and another "Marc"
    > >out-there offers to host development on his machine and the
    > >process begins again. PostgreSQL exists despite Illustra's
    > >existence.
    > 
    > No problem here but wasted effort.
    
    And BSD vs GPL matters not here ...
    
    > In summary of my position:
    > 
    > 1. I am happy to continue with vanilla BSD + extra warranty & liability
    > disclaimers.
    
    This is my feeling too ... I won't agree to changing the license over to a
    "under juristiction of ...", nor will I agreee with the "slam this in
    front of ppls faces and force them to read it ...".  
    
    Personally, from all the 'legal' issues that FreeBSD has gone through over
    the years, especially recently with the BSDi/FreeBSD merger and the whole
    cryptology merger, I would think they would have been the first to
    adopt/change their BSD license to something else, and I've never even seen
    discussions on it ...
    
    Putting the license up as a README on the ftp site, and maybe including it
    as part of the download page ... no probs, not obnoxious ... hell, how
    many ppl even read the license on sites that require a 'I agree'?  
    
    
    
  22. Re: [HACKERS] Re: Revised Copyright: is this more palatable?

    Thomas Good <tomg@admin.nrnet.org> — 2000-07-05T13:00:55Z

    On Wed, 5 Jul 2000, The Hermit Hacker wrote:
    
    > Personally, from all the 'legal' issues that FreeBSD has gone through over
    > the years, especially recently with the BSDi/FreeBSD merger and the whole
    > cryptology merger, I would think they would have been the first to
    > adopt/change their BSD license to something else, and I've never even seen
    > discussions on it ...
    
    The only thing that comes close are the periodic discussions (ignored by
    FBSD developers) about the removal of the 'offensive' mascot.  ;-)
    
    Top Ten Gratuitous Discussions:
    
    1.  FreeBSD v. Linux
    2.  GPL v. BSD licence
    3.  Removal of 'Chuckie' (Berkeley Daemon) from BSD 
        in favour of something less 'Satanic' or 'Demonic'
    4.  (Official) renaming of 'Chuckie' so as not offend McKusick
        over the popular (mis)perception that the Berkeley Daemon 
        is (nick)named 'Chuckie'
    5.  MySQL v. Postgres
    6.  RedHat v. Debian v. SuSe
    7.  Why was Slackware not involved in the above discussion
    8.  Perl v. Python
    9.  Coke v. Pepsi
    
    lastly:
    
    10. Altering the PG licence...I agree with *my perception* of Scrappy's
        position:  If FBSD get nervous and changes their licence, Pg should
        follow suit.  Otherwise it seems counterproductive.
    
    Anyway, thanks for the great code.  I promise not to abuse it.
    I promise not to sue anyone if I am too damn stupid to use it properly.
    
    --------------------------------------------------------------------
                   SVCMC - Center for Behavioral Health                  
    --------------------------------------------------------------------
    Thomas Good                          tomg@ { admin | q8 } .nrnet.org
    IS Coordinator / DBA                 Phone: 718-354-5528 
                                         Fax:   718-354-5056  
    --------------------------------------------------------------------
    Powered by:  PostgreSQL     s l a c k w a r e          FreeBSD:
                   RDBMS       |---------- linux      The Power To Serve
    --------------------------------------------------------------------
    
    
    
  23. Re: [HACKERS] Re: Revised Copyright: is this morepalatable?

    Trond Eivind Glomsrød <teg@redhat.com> — 2000-07-05T14:30:42Z

    Mike Mascari <mascarm@mascari.com> writes:
    
    > This is not something new. SunOS, AIX, HPUX, etc. all have (at
    > one time or another) considerable BSD roots. And yet FreeBSD
    > still exists... All GPL does is 'poison' the pot by prohibiting
    > commercial spawns which may leverage the code.
    
    GPL doesn't prohibit commercial spawns - it just requires you to send
    the source along.
    
    -- 
    Trond Eivind Glomsrød
    Red Hat, Inc.
    
    
  24. Re: [HACKERS] Re: Revised Copyright: is this morepalatable?

    Jan Wieck <janwieck@t-online.de> — 2000-07-05T17:22:45Z

    Trond Eivind=?iso-8859-1?q?_Glomsr=F8d?= wrote:
    > Mike Mascari <mascarm@mascari.com> writes:
    >
    > > This is not something new. SunOS, AIX, HPUX, etc. all have (at
    > > one time or another) considerable BSD roots. And yet FreeBSD
    > > still exists... All GPL does is 'poison' the pot by prohibiting
    > > commercial spawns which may leverage the code.
    >
    > GPL doesn't prohibit commercial spawns - it just requires you to send
    > the source along.
    
        So  if  someone  offers  $$$  for  implementation of Postgres
        feature XYZ I don't have to make that code open source?  Only
        need  to  ship  the  code  to the one paying (under NDA so he
        cannot publish it) and grab the money?
    
        That's currently possible with our license,  and  if  someone
        would  pay  $30,000  for  something I need a month of unpayed
        vacation to implement, why not?   Maybe  I  can  sell  it  to
        others, that have the same urgent need for this feature, too.
        Making another $xK out of it.
    
        No question, the  result  will  finally  get  contributed  so
        everyone  benefits  from  it.  The reason why someone is even
        willing to pay that amount is  just  to  get  me  out  of  my
        dayjob,  focussing  on  his  problem  NOW,  so it's done in a
        month.
    
    
    Jan
    
    --
    
    #======================================================================#
    # It's easier to get forgiveness for being wrong than for being right. #
    # Let's break this rule - forgive me.                                  #
    #================================================== JanWieck@Yahoo.com #
    
    
    
    
  25. Re: [HACKERS] Re: Revised Copyright: is this morepalatable?

    Trond Eivind Glomsrød <teg@redhat.com> — 2000-07-05T18:33:08Z

    JanWieck@t-online.de (Jan Wieck) writes:
    
    > Trond Eivind=?iso-8859-1?q?_Glomsr=F8d?= wrote:
    > > Mike Mascari <mascarm@mascari.com> writes:
    > >
    > > > This is not something new. SunOS, AIX, HPUX, etc. all have (at
    > > > one time or another) considerable BSD roots. And yet FreeBSD
    > > > still exists... All GPL does is 'poison' the pot by prohibiting
    > > > commercial spawns which may leverage the code.
    > >
    > > GPL doesn't prohibit commercial spawns - it just requires you to send
    > > the source along.
    > 
    >     So  if  someone  offers  $$$  for  implementation of Postgres
    >     feature XYZ I don't have to make that code open source?
    
    You don't have to tell the world they can have it for free - you can
    sell it, and develop it by demand.
    
    >     Only  need  to  ship  the  code  to the one paying
    
    Yes.
    
    >     (under NDA so he cannot publish it) and grab the money?
    
    An NDA can't be done, but you certainly can grab the money. If he
    wanted you to add a feature, he could pay you for it.
    
    >     That's currently possible with our license,
    
    With GPL as well - you just can't deny the customer to distribute the
    source if he wants to.
    > 
    >     No question, the  result  will  finally  get  contributed  so
    >     everyone  benefits  from  it.  The reason why someone is even
    >     willing to pay that amount is  just  to  get  me  out  of  my
    >     dayjob,  focussing  on  his  problem  NOW,  so it's done in a
    >     month.
    
    That would certainly be possible. 
    -- 
    Trond Eivind Glomsrød
    Red Hat, Inc.
    
    
  26. Re: [HACKERS] Re: Revised Copyright: is this morepalatable?

    Jan Wieck <janwieck@t-online.de> — 2000-07-05T21:04:45Z

    Trond Eivind=?iso-8859-1?q?_Glomsr=F8d?= wrote:
    > JanWieck@t-online.de (Jan Wieck) writes:
    >
    > > Trond Eivind=?iso-8859-1?q?_Glomsr=F8d?= wrote:
    > > > Mike Mascari <mascarm@mascari.com> writes:
    > > >
    > > > > This is not something new. SunOS, AIX, HPUX, etc. all have (at
    > > > > one time or another) considerable BSD roots. And yet FreeBSD
    > > > > still exists... All GPL does is 'poison' the pot by prohibiting
    > > > > commercial spawns which may leverage the code.
    > > >
    > > > GPL doesn't prohibit commercial spawns - it just requires you to send
    > > > the source along.
    > >
    > >     So  if  someone  offers  $$$  for  implementation of Postgres
    > >     feature XYZ I don't have to make that code open source?
    >
    > You don't have to tell the world they can have it for free - you can
    > sell it, and develop it by demand.
    >
    > >     Only  need  to  ship  the  code  to the one paying
    >
    > Yes.
    
        Now  I  don't want to ship the source code. My customer would
        be  happy  with  a  patched  8.2.3  binary  as  long  as  I'm
        responsible  to  patch  future  versions  until I release the
        sources. Is that OK?
    
    
    Jan
    
    --
    
    #======================================================================#
    # It's easier to get forgiveness for being wrong than for being right. #
    # Let's break this rule - forgive me.                                  #
    #================================================== JanWieck@Yahoo.com #
    
    
    
    
  27. Re: [HACKERS] Re: Revised Copyright: is this morepalatable?

    Ron Peterson <rpeterson@yellowbank.com> — 2000-07-05T21:32:30Z

    Mike Mascari wrote:
    > 
    > Why do you continue to insist that GPL is superior to BSD? GPL is
    > BSD *with restrictions*. If someone comes along and sweeps up the
    > major developers:
    > 
    > A) Good for the major developers - they deserve to have large
    > sums of cash thrown their way, particularly for many of them who
    > have been working on this *for years*
    > 
    > B) The moment it happens, the project forks and another "Marc"
    > out-there offers to host development on his machine and the
    > process begins again. PostgreSQL exists despite Illustra's
    > existence.
    > 
    > This is not something new. SunOS, AIX, HPUX, etc. all have (at
    > one time or another) considerable BSD roots. And yet FreeBSD
    > still exists... All GPL does is 'poison' the pot by prohibiting
    > commercial spawns which may leverage the code. If someone makes
    > some money selling CommercialGres by integrating replication,
    > distributive, and parallel query, good for them.
    
    Is perhaps GPL more restrictive for *developers*?  And BSD more
    restrictive for *consumers*?
    
    As a consumer I prefer the GPL.  But Mike's point is well taken.  I
    agree that the GPL is rather idealistic.  It makes it very difficult,
    almost impossible, for someone to make money doing software development.
    
    Is there a middle ground?  Somewhere where perhaps I can be assured that
    *someday* in the not-so-distant future I, as a consumer, will have
    access to source code?  Is there any such thing as a license with
    built-in time limits?  Reasonably short time limits, as opposed to those
    provided by the U.S. patent office?
    
    Or is there a way to write an open-source license that allows developers
    to make money?  I know, I know, there are too many licenses already. 
    But if talented hard working people can't make a living, there's a
    problem.  This will probably sound very stupid, but would it be possible
    to write a license that said something to the effect of "if you are a
    big corporate commercial interest worth more than $X, you must donate $Y
    to postgresql.org."?
    
    I'm not trying to rankle the developers who have benefited me so much by
    promoting the GPL.  I'm just trying to protect myself as a consumer from
    being left in the cold when the product I've spent so much time learning
    and implementing suddenly goes proprietary.
    
    Sorry to be cynical, but as a consumer, I can't help seeing BSD licenses
    as good old bait and switch.  And this discussion doesn't reassure me
    otherwise.
    
    Sure, the code can fork.  SunOS, AIX, HPUX are good examples.  Examples
    of the kind of code forking and corporatism I thought, I hoped, the
    world was moving away from.
    
    ________________________
    Ron Peterson
    rpeterson@yellowbank.com
    
    
  28. Re: [HACKERS] Re: Revised Copyright: is this morepalatable?

    Ned Lilly <ned@greatbridge.com> — 2000-07-05T22:06:08Z

    Ron, probably the best example to reassure you here is Illustra/Informix,
    which is based on the old Berkeley Postgres code.  A group of people at
    Berkeley "forked" the Postgres code into the closed Illustra system, but it
    survived as Postgres95, then later PostgreSQL when Marc and Bruce got
    started.
    
    As a number of people have said, if someone (like Great Bridge or anyone
    else) ever took the then-current PostgreSQL code proprietary, it would still
    remain as an open source project - and believe me, there are plenty of
    people who would rather work on it as an open source project than a
    proprietary death-spiral.
    
    We think the proprietary software development model for large scale projects
    (operating systems, databases, wide-ranging applications) is stupid and
    dead.  We don't think open source is going away - in fact, we think it's the
    way most software is going to be developed in the future.  There will
    certainly be companies that try and fork off open source projects and make a
    quick buck; they will fail.
    
    As I understand your concern, you don't want to make a learning investment
    in something you think is open source, only to have it go closed?  I think I
    can safely say that PostgreSQL as an open source project will never go away
    - the momentum is too strong, the product is too good, the developers are
    too committed, for that to happen.
    
    Best,
    Ned
    
    
    
    Ron Peterson wrote:
    
    > I'm not trying to rankle the developers who have benefited me so much by
    > promoting the GPL.  I'm just trying to protect myself as a consumer from
    > being left in the cold when the product I've spent so much time learning
    > and implementing suddenly goes proprietary.
    >
    > Sorry to be cynical, but as a consumer, I can't help seeing BSD licenses
    > as good old bait and switch.  And this discussion doesn't reassure me
    > otherwise.
    >
    > Sure, the code can fork.  SunOS, AIX, HPUX are good examples.  Examples
    > of the kind of code forking and corporatism I thought, I hoped, the
    > world was moving away from.
    >
    > ________________________
    > Ron Peterson
    > rpeterson@yellowbank.com
    
    
    
  29. Re: [HACKERS] Re: Revised Copyright: is this morepalatable?

    Trond Eivind Glomsrød <teg@redhat.com> — 2000-07-05T22:49:37Z

    JanWieck@t-online.de (Jan Wieck) writes:
    
    > Trond Eivind Glomsrød wrote:
    > > JanWieck@t-online.de (Jan Wieck) writes:
    > >
    > > > Trond Eivind Glomsrød wrote:
    > > > > Mike Mascari <mascarm@mascari.com> writes:
    > > > >
    > > > > > This is not something new. SunOS, AIX, HPUX, etc. all have (at
    > > > > > one time or another) considerable BSD roots. And yet FreeBSD
    > > > > > still exists... All GPL does is 'poison' the pot by prohibiting
    > > > > > commercial spawns which may leverage the code.
    > > > >
    > > > > GPL doesn't prohibit commercial spawns - it just requires you to send
    > > > > the source along.
    > > >
    > > >     So  if  someone  offers  $$$  for  implementation of Postgres
    > > >     feature XYZ I don't have to make that code open source?
    > >
    > > You don't have to tell the world they can have it for free - you can
    > > sell it, and develop it by demand.
    > >
    > > >     Only  need  to  ship  the  code  to the one paying
    > >
    > > Yes.
    > 
    >     Now  I  don't want to ship the source code. My customer would
    >     be  happy  with  a  patched  8.2.3  binary  as  long  as  I'm
    >     responsible  to  patch  future  versions  until I release the
    >     sources. Is that OK?
    
    You don't have to give the customer the source, as long as you
    gurantee that he gets it (for cost of distribution) if he wants it. 
    
    
    -- 
    Trond Eivind Glomsrød
    Red Hat, Inc.
    
    
  30. Re: [HACKERS] Re: Revised Copyright: is this morepalatable?

    Jan Wieck <janwieck@t-online.de> — 2000-07-05T22:50:38Z

    Trond Eivind=?iso-8859-1?q?_Glomsr=F8d?= wrote:
    > JanWieck@t-online.de (Jan Wieck) writes:
    >
    > > Trond Eivind Glomsrød wrote:
    > > > JanWieck@t-online.de (Jan Wieck) writes:
    > > >
    > > > > Trond Eivind Glomsrød wrote:
    > > > > > Mike Mascari <mascarm@mascari.com> writes:
    > > > > >
    > > > > > > This is not something new. SunOS, AIX, HPUX, etc. all have (at
    > > > > > > one time or another) considerable BSD roots. And yet FreeBSD
    > > > > > > still exists... All GPL does is 'poison' the pot by prohibiting
    > > > > > > commercial spawns which may leverage the code.
    > > > > >
    > > > > > GPL doesn't prohibit commercial spawns - it just requires you to send
    > > > > > the source along.
    > > > >
    > > > >     So  if  someone  offers  $$$  for  implementation of Postgres
    > > > >     feature XYZ I don't have to make that code open source?
    > > >
    > > > You don't have to tell the world they can have it for free - you can
    > > > sell it, and develop it by demand.
    > > >
    > > > >     Only  need  to  ship  the  code  to the one paying
    > > >
    > > > Yes.
    > >
    > >     Now  I  don't want to ship the source code. My customer would
    > >     be  happy  with  a  patched  8.2.3  binary  as  long  as  I'm
    > >     responsible  to  patch  future  versions  until I release the
    > >     sources. Is that OK?
    >
    > You don't have to give the customer the source, as long as you
    > gurantee that he gets it (for cost of distribution) if he wants it.
    
        Wordy, but how can I prevent him to ask for?
    
    
    Jan
    
    --
    
    #======================================================================#
    # It's easier to get forgiveness for being wrong than for being right. #
    # Let's break this rule - forgive me.                                  #
    #================================================== JanWieck@Yahoo.com #
    
    
    
    
  31. Re: [HACKERS] Re: Revised Copyright: is this morepalatable?

    Trond Eivind Glomsrød <teg@redhat.com> — 2000-07-05T23:28:04Z

    JanWieck@t-online.de (Jan Wieck) writes:
    
    > Trond Eivind=?iso-8859-1?q?_Glomsr=F8d?= wrote:
    > > JanWieck@t-online.de (Jan Wieck) writes:
    > >
    > > > Trond Eivind Glomsrød wrote:
    > > > > JanWieck@t-online.de (Jan Wieck) writes:
    > > > >
    > > > > > Trond Eivind Glomsrød wrote:
    > > > > > > Mike Mascari <mascarm@mascari.com> writes:
    > > > > > >
    > > > > > > > This is not something new. SunOS, AIX, HPUX, etc. all have (at
    > > > > > > > one time or another) considerable BSD roots. And yet FreeBSD
    > > > > > > > still exists... All GPL does is 'poison' the pot by prohibiting
    > > > > > > > commercial spawns which may leverage the code.
    > > > > > >
    > > > > > > GPL doesn't prohibit commercial spawns - it just requires you to send
    > > > > > > the source along.
    > > > > >
    > > > > >     So  if  someone  offers  $$$  for  implementation of Postgres
    > > > > >     feature XYZ I don't have to make that code open source?
    > > > >
    > > > > You don't have to tell the world they can have it for free - you can
    > > > > sell it, and develop it by demand.
    > > > >
    > > > > >     Only  need  to  ship  the  code  to the one paying
    > > > >
    > > > > Yes.
    > > >
    > > >     Now  I  don't want to ship the source code. My customer would
    > > >     be  happy  with  a  patched  8.2.3  binary  as  long  as  I'm
    > > >     responsible  to  patch  future  versions  until I release the
    > > >     sources. Is that OK?
    > >
    > > You don't have to give the customer the source, as long as you
    > > gurantee that he gets it (for cost of distribution) if he wants it.
    > 
    >     Wordy, but how can I prevent him to ask for?
    
    By doing everything he wants (and perfect) so he doesn't have a need
    for it?  
    
    Basically, GPL is intended to protect the end user and guaranteeing
    him the source if he wants it - and that he can do what he wants to
    with it, as long as he doesn't prevent others from doing so.
    
    
    -- 
    Trond Eivind Glomsrød
    Red Hat, Inc.
    
    
  32. Re: Re: Revised Copyright: is this morepalatable?

    Matthew N. Dodd <winter@jurai.net> — 2000-07-07T01:19:41Z

    On 5 Jul 2000, Trond Eivind[iso-8859-1]  Glomsrd wrote:
    > Basically, GPL is intended to protect the end user and guaranteeing
    > him the source if he wants it - and that he can do what he wants to
    > with it, as long as he doesn't prevent others from doing so.
    
    Which has the potential to really screw over developers who want to devote
    themselves to for pay, (in this case) PostgreSQL hacking.
    
    The threat of major pieces of code diverging is enough to assure that most
    "closed source" enhancements will eventually be donated once the R&D
    effort has been paid off.
    
    We see these sort of contributions all the time in the FreeBSD project.
    
    I don't think that the GPL or a GPL like license has anything to offer the
    PostgreSQL project.  Extending the liability clause seems like a smart
    move, as FreeBSD has done (most new stuff is commited under a '2 clause'
    BSD derived license.)
    
    -- 
    | Matthew N. Dodd  | '78 Datsun 280Z | '75 Volvo 164E | FreeBSD/NetBSD  |
    | winter@jurai.net |       2 x '84 Volvo 245DL        | ix86,sparc,pmax |
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