Is or is not osCommerce licensed under the GNU General Public License? Because if it is, I have absolutely no obligation to display a copyright notice. If I download from your server a file or files that are released under the GPL, then they are mine, and so long as I do not explicitly violate the terms of the license and continue releasing derivations under the GPL, I am within the law.
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6 replies to this topic
#2
Posted 24 March 2005, 13:31
You should really read your own links.
The GNU General Public License only covers the terms and conditions for copying, distribution and modification.
The person who creates the original work always has copyright protection under international law unless they choose to give it up. OSC was kind enough to release their software under this license for everyone to use but they could change their minds tomorrow and release it under a proprietary license, and there is nothing anyone could do.
The original copyright holder, dictates in the license agreement how the "work" can be used and if not followed, you are in violation, period.
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We protect your rights with two steps: (1) copyright the software, and (2) offer you this license which gives you legal permission to copy, distribute and/or modify the software.
The GNU General Public License only covers the terms and conditions for copying, distribution and modification.
The person who creates the original work always has copyright protection under international law unless they choose to give it up. OSC was kind enough to release their software under this license for everyone to use but they could change their minds tomorrow and release it under a proprietary license, and there is nothing anyone could do.
The original copyright holder, dictates in the license agreement how the "work" can be used and if not followed, you are in violation, period.
#3
Posted 24 March 2005, 15:44
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The person who creates the original work always has copyright protection under international law unless they choose to give it up. OSC was kind enough to release their software under this license for everyone to use but they could change their minds tomorrow and release it under a proprietary license, and there is nothing anyone could do.
Also, all work which has been released as GPL, will always remain GPL, they can not change the licence for the software and have this change effect code which has been released as GPL.
Regards,
Peter M.
Peter McGrath
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See my Profile (click here) for more information and to contact me for professional osCommerce support that includes SEO development, custom development and security implementation
#4
Posted 24 March 2005, 17:47
saborchulo this is a severe misunderstanding of copyright law. Anything that has ever been released under the GPL will always be under the GPL. You cannot just change your mind.
The issue here is that osCommerce is allowing me to download a file with the understanding that it is under the GPL, and then when I open that file and examine the source code I find copyright warnings about certain aspects of the file.
Further, when something is released under the GPL, the original copyright holder HAS NO SAY about what I do with it, so long as I do not violate the terms expressed in the GPL. Essentially, the original copyright holder has released the work from almost all of the encumberment of copyright law. The biggest thing that I cannot do with it is relicense it under an alternative license.
The issue here is that osCommerce is allowing me to download a file with the understanding that it is under the GPL, and then when I open that file and examine the source code I find copyright warnings about certain aspects of the file.
Further, when something is released under the GPL, the original copyright holder HAS NO SAY about what I do with it, so long as I do not violate the terms expressed in the GPL. Essentially, the original copyright holder has released the work from almost all of the encumberment of copyright law. The biggest thing that I cannot do with it is relicense it under an alternative license.
#6
Posted 29 March 2005, 17:22
Alterego, on Mar 24 2005, 07:47 PM, said:
The issue here is that osCommerce is allowing me to download a file with the understanding that it is under the GPL, and then when I open that file and examine the source code I find copyright warnings about certain aspects of the file.
Those warnings are in regard to section 2c of the GPL license.
A FSF representative has approved of such "warnings" with the PHP-Nuke project:
http://phpnuke.org/modules.php?name=News&file=print&sid=6966
Per our copyright notice, we have granted permission to remove the copyright notice on the catalog side if the design of the site has been modified. No permission has been granted however to remove the copyright notice on the Administration Tool regardless if its design has been modified.
We have already been to court regarding copyright violations in Germany and have rightly won.
Edited by hpdl, 29 March 2005, 17:25.
Harald Ponce de Leon
osCommerce, Sell With Emotion
osCommerce, Sell With Emotion
#7
Posted 22 April 2005, 15:17
GPL is a license that the copyright holder CHOOSES to OFFER to you, it does not revoke any of the rights to their own work! A copyright license is just a public statement that gives you permissions from the author that you would otherwise not have to the work.
Now OSCommerce may have code that has been contributed under GPL, so for me to say they could go commercial yesterday, was vauge of me and I apologize. However, If I created a piece of software and distributed the original software verbatim (including no one elses code) under GPL, true that version would remain GPL, but if I chose to release a new version (again including no one elses code or user contrubuted modules in the "new release") under a different license then there would be nothing anyone could do about it, only the old version would be bound by GPL. Then you got dual-licensing and all kinds of other wierd fun stuff, but anywho....
From GNU.org
Just wanted to clarify my previous statement.
Now OSCommerce may have code that has been contributed under GPL, so for me to say they could go commercial yesterday, was vauge of me and I apologize. However, If I created a piece of software and distributed the original software verbatim (including no one elses code) under GPL, true that version would remain GPL, but if I chose to release a new version (again including no one elses code or user contrubuted modules in the "new release") under a different license then there would be nothing anyone could do about it, only the old version would be bound by GPL. Then you got dual-licensing and all kinds of other wierd fun stuff, but anywho....
From GNU.org
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Is the developer of a GPL-covered program bound by the GPL? Could the developer's actions ever be a violation of the GPL?
Strictly speaking, the GPL is a license from the developer for others to use, distribute and change the program. The developer itself is not bound by it, so no matter what the developer does, this is not a "violation" of the GPL.
Strictly speaking, the GPL is a license from the developer for others to use, distribute and change the program. The developer itself is not bound by it, so no matter what the developer does, this is not a "violation" of the GPL.
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Who has the power to enforce the GPL?
Since the GPL is a copyright license, the copyright holders of the software are the ones who have the power to enforce the GPL. If you see a violation of the GPL, you should inform the developers of the GPL-covered software involved. They either are the copyright holders, or are connected with the copyright holders.
Since the GPL is a copyright license, the copyright holders of the software are the ones who have the power to enforce the GPL. If you see a violation of the GPL, you should inform the developers of the GPL-covered software involved. They either are the copyright holders, or are connected with the copyright holders.
Just wanted to clarify my previous statement.
