- From: Sam Ruby <rubys@intertwingly.net>
- Date: Tue, 22 Mar 2011 10:21:27 -0400
- To: James Graham <jgraham@opera.com>
- CC: Jonas Sicking <jonas@sicking.cc>, Lawrence Rosen <lrosen@rosenlaw.com>, public-html@w3.org, PSIG <member-psig@w3.org>
On 03/22/2011 09:04 AM, James Graham wrote:
> On 03/22/2011 12:26 PM, Sam Ruby wrote:
>
>> The FSF maintains otherwise and have publicly stated so[2]. It is my
>> understanding that if this license is approved by the W3C that the FSF
>> will take a similar position on this option. This is based on my
>> understanding of the outcome when actual lawyers employed by W3C member
>> companies talked to actual lawyers of the FSF who were involved in the
>> drafting of the GPL license.
>
> Hmm, maybe I misread the thread, but I thought the Google lawyers
> claimed something different. In particular
>
> """My lawyer said in no uncertain terms that what you propose as
> "option 3" would not let people publish derivative works of these
> specifications as specifications. Thus, it is in our opinion
> unacceptable as a solution to the problem of how to enable people to
> publish derivative works of these specifications as specifications.""" [1]
First, I will note that nothing in that statement says "not compatible
with the GPL". Perhaps some people believe that compatibility with the
GPL conveys more rights than it actually does?
> Presumably these apparently-conflicting claims could only be resolved if
> it is acceptable under the GPL to have such a field of use restriction.
> My belief was that it is not. If my belief is wrong, it would be nice to
> have a clear explanation of why it is wrong rather than just "some
> lawyers said so". If I have misunderstood for some other reason it would
> be nice to get a clear explanation of what I have misunderstood.
I invite you to actually read the license and FAQs that I have pointed
to and note merely rely on your beliefs. Furthermore, you have elided
the statement by Larry Rosen on the topic of GPL compatibility which is
decisive:
As for the mandates of the GPL, the only thing that the GPL prohibits is
"further restrictions" [1] and Option 3 has no such. There are no
limitations or restrictions that would have to be passed on to
downstream
licensees.
[1] From GPLv3: "All other non-permissive additional terms are
considered
"further restrictions" within the meaning of section 10. If the
Program as
you received it, or any part of it, contains a notice stating that it is
governed by this License *along with a term that is a further
restriction,*
you may remove that term. If a license document contains a further
restriction but permits relicensing or conveying under this License,
you may
add to a covered work material governed by the terms of that license
document, provided that the further restriction does not survive such
relicensing or conveying." [Emphasis between * * is added]
So to my read, we have a lawyer who is citing actual text from the
license, we will have public a statement by the authors of the GPL
license itself, and meanwhile you have cited a second hand statement by
an unnamed lawyer concerning a matter unrelated to the GPL.
I encourage everybody to evaluate each of these statements.
> (note: none of the above should be read as endorsement for a particular
> outcome or set of requirements. I am just trying to understand the
> situation and, as the thread has gone on, I feel I have become less
> enlightened, not more).
>
> [1]
> http://www.w3.org/mid/Pine.LNX.4.64.1103100507380.944@ps20323.dreamhostps.com
- Sam Ruby
Received on Tuesday, 22 March 2011 14:22:06 UTC