[ptx] hugin dependancies & sources for panorama-tools-nonfree

[David Grant]

JD Smith wrote:

>On Wed, 2005-01-05 at 23:06 +0100, Edouard Gomez wrote:
>  
>
>>David Grant (david.grant at telus.net) wrote:
>>    
>>
>>>I was kind of thinking, but couldn't put that all together and explain 
>>>it like you did.
>>>So had he ever leaked out some source, then he would be screwed, and 
>>>that source would be GPL. But as it stands he never relased any to begin 
>>>with, for the non libpano12 stuff, so, he's free to do as he pleases and 
>>>change the license. As long as he didn't use any GPL stuff written by 
>>>other people within his code, that is.
>>>      
>>>
>>The  GPL  isn't  about  licensing  sources only,  it's  about  licensing
>>software. If a software is GPL licensed then users who got a copy of the
>>software are  in right to  ask for the  sources to the  distributor. The
>>distributor  is to  provide (freely  of for  a fee)  the sources  of the
>>compiled program.  That's the way the  GPL works, and the  fact he never
>>released  sources is  not an  argument that  could help  him  hiding the
>>sources  forever,  he's  bound  by   the  GPL  to  give  access  to  the
>>sources...
>>
>>So  in conclusion,  everyone who  downloaded the  version  from original
>>author is in right to ask for sources. Up to the original author to give
>>the source for free or for a fee (the media cost), but the GPL is clear,
>>sources must be available.
>>
>>See:
>>Section 3:
>>[...]
>>    b) Accompany it with a written offer, valid for at least three
>>    years, to give any third party, for a charge no more than your
>>    cost of physically performing source distribution, a complete
>>    machine-readable copy of the corresponding source code, to be
>>    distributed under the terms of Sections 1 and 2 above on a medium
>>    customarily used for software interchange; or,
>>    
>>
>
>I agree with all of this.  The question is, when does a piece of
>software come to be licensed under the GPL?  When it's author mentions
>his or her plan to do so? 
>
According to the current discussion, it doesn't become GPL unless you 
used GPL code in your code, otherwise it becomes GPL code once you 
release the source code with the GPL license on it, or in the tarball, 
explicitly licensing it.

> If it appears alongside other programs which
>have been distributed under the GPL? 
>
"Alongside" doesn't make something GPL AFAIK. You can use a GPL library, 
in a closed-source commericial piece of software AFAIK.

> If the license or a reference to
>the license is included in the binary software application, perhaps in
>an "About this software" dialog, or an accompanying text file?  
>  
>
Specifically, in Helmut's case, he did this. But he did have some source 
code, the libpano12 stuff. So clearly, he was implicitly licensing that 
code under GPL and the other stuff, without license.

>Whenever source code is included or downloaded with software with the
>recommended GPL header and COPYING file, it's fairly unambiguous that it
>has been distributed with that license.
>
Like I said, what is ambiguous is if he was just licensing the libpano12 
stuff, or everything else as well, when he included the COPYING file. If 
someone distributes a 100% binary package with the GPL-2 COPYING file, 
then that looks suspicious.

> Otherwsie, the sufficient
>criteria for enacting a license are less than clear. 
>
>I, and many others no doubt, have asked Dr. Dersch for the source, and
>received no response.
>  
>
It's fine to ask but I think peopoe should have an open mind and think 
that perhaps maybe he doesn't have to release it and that perhaps he's 
done nothing wrong (perhaps he's acted vaguely or ambiguously, but 
perhaps nothing wrong). So ask away, fine, but don't "demand" it from 
him, unless you are certain of the law (which I am not)

>JD 
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-- 
David J. Grant
http://www.davidgrant.ca:81

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