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On Mon, 2011-06-06 at 12:32 -0700, BRM wrote:
----- Original Message ----

From: Kohei Yoshida <kyoshida@novell.com>
To: BRM <bm_witness@yahoo.com>
Cc: libreoffice@lists.freedesktop.org
Sent: Mon, June 6, 2011 11:44:37 AM
Subject: Re: [Libreoffice] LibreOffice licensing

On Mon, 2011-06-06 at 07:39 -0700, BRM wrote:

Just remember, that  even with LGPL/GPL the changes _do not have to be 
contributed back to  the community_; only made available to the customers of 
that 

product  upon request (per LGPL, GPL and MPL).

Not entirely correct.  The  source has to be made available to the legal
recipients of the binary.   Whether or not they are customers is
irrelevant in this context.

When dealing with a proprietary product, they are one-in-the-same, however they 
present the EULA.

Not one-in-the-same (sic).  But I think we are talking past each other,
so I won't discuss any further.  Your statement already implies that
they are not exactly the same.

 IOW, TDF may not necessarily get the contribution. It's just like any 
downstream 

project - they can modify it and don't necessarily have to contribute  those 

modifications back to the upstream project.

Sure.   But we can certainly ask for the source if we are interested, and
they are  obligated to provide it if we have (legally) received the
binary, under the  same license as the original source code.  This is a
very important  point.

As you pointed out - only if you have a _legal_ right to ask.
That won't likely be the case though unless you are their customer.

Beta test, evaluation versions, demos etc..?  There are a number of ways
of obtaining the binary legally without being a customer.

Yes, they can't prevent you from distributing the GPL/LGPL/MPL portion of the 
work; but they could prevent you from distributing their additions to the degree 
that the MPL/GPL/LGPL derivative work restrictions apply, if at all.
 
Sure, it works best when they do as everyone benefits, but  they are not 
_required_ to do so.

I wouldn't put it that  way.  It works better for the downstream
maintainers if they upstream  their work, to make it easier to maintain
their own modifications.  If  they think the benefit outweighs the cost
of upstreaming, then they have  every right not to upstream their
changes.

I only mention this,  as it is often overlooked - and in comments like the 
above 

- by Meeks  and others - they seem to forget that aspect about Copy-Left, 
 LGPL/GPL/MPL.

I don't think it is overlooked, but is already  implied.

Overlooked b/c of the nature of the statement. Your next response goes to show 
it...

I don't understand the connection.

Only if the end-user obtains the source to provide to the developer.

Of course.

The developer may not necessarily be granted the right by the proprietary 
distributor to get direct access to the source.

So I still maintain that it is "end-users" and not _necessarily_ "developers" 
that Copy-left is about.

Ok.  This is already becoming a meaningless word game.  My point
basically is that the distinction between the end users and developers
are not necessarily clear cut when talking about copy-left licenses.  No
more no less.  And I believe, based on what you said you also agree with
that.

However, if I as a developer come along and tell them that I could add some 
feature to it, they would need to ask for and obtain the source code for me if 
that was necessary.

Of course.  I never said that the developers didn't have to get the
source code to service the software.

Anyway, this is already off-topic here on this list.  I suggest we end
this thread here, and if anybody is interested on pursuing this, take it
to a more appropriate list.

Kohei

-- 
Kohei Yoshida, LibreOffice hacker, Calc
<kyoshida@novell.com>


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