[prev in list] [next in list] [prev in thread] [next in thread] 

List:       kde-licensing
Subject:    Re: A more serious QPL-1.0 problem
From:       Andreas Pour <pour () mieterra ! com>
Date:       1999-03-12 22:39:46
[Download RAW message or body]


Hello,

I have a different read on this provision:

"Adam J. Richter" wrote:

>         I think a more serious GPL incompatibility of QPL-1.0 is
> QPL section 3b (my emphasis added):
>
> |       b. When modifications to the Software are released under this
> |          license, a non-exclusive royalty-free right is granted to
> |          the initial developer of the Software to distribute your
> |          modification in future versions of the Software provided
> |          such versions remain available under these terms IN ADDITION
> |          TO ANY OTHER LICENSE(S) OF THE INITIAL DEVELOPER.
>
>         This is a further restriction to the GPL, since the GPL does
> not require such a permission grant, and it is illegal to publish
> modifications to QPL'ed software without making such a grant.
>
> [You can stop reading here if you want.  The rest of this is just
> more detail.]
>
>         The problem with QPL-1.0 section 3b is not some minor technical
> quibble.  It is actually a huge fundamental difference for a reason that
> is not obvious at first.  If the QPL were widely adopted by others, it
> would break the software recycling that has made free software so much
> more efficient than proprietary software.  How?  Because it is illegal
> to combine two works that are covered by _just_ the QPL if the initial
> developer is different.

Not really.

>         Let's say that the Open Software Foundation decides to put
> Motif under the QPL with the Open Software Foundation designated as
> the initial developer.  Now let's say I want to produce a derivative
> work that is the Qt Library with the Motif Mrm resource management
> code merged in.  The result would be a derivative work of both Motif
> and Qt.  Satisfying all of the copying conditions for distributing
> this code would require satisfying the QPL's of both OSF and Troll:
>
>         Troll's QPL requires that OSF grant permission for this work
>         to be distributed under any future Troll "license(s)", which
>         OSF's QPL does not do.  Distributing the combined work is
>         therefore an infringement of Troll's copyright.

I think it speaks in terms of "your" modifications to Qt source code.  The Motif
code does not constitute part of your modifications to Qt source code (unless you
blend them together).

But you are right that you cannot blend them together and redistribute.   What
you could do is modify the Qt source code so it can use the Motif stuff, and
license these modifications back to Qt (so they can also use the Motif stuff, if
they have the license to do so); and, you can modifiy the Motif source code to
work with Qt and license these modifications back to Motif (so they can also use
the Qt stuff if they have the license to do so).

The point to bear in mind is, you do not have to license back source code that
does not modify Qt source code, even if it forms part of a derivative work when
compiled.  What you do is, come up with a patch file for Qt source code and
license this to TT, that satisfies Qt's QPL; come up with a patch file to Motif
source code and license it OSF, that satisfies Motif's QPL; and happily compile,
link and distribute the binaries.

The fact that changes to the source code have to be "separate" in fact makes this
very easy and makes it clear what has to be licensed back to whom.

So, after all this fun is over, TT will be able to distribute a professional
version that will work with Motif if someone has Motif on their machine; and OSF
will be able to distribute a professional version that will work with Qt if
someone has Qt on their machine.  (And any distributor would put both sets of
modifications on their CDs, of course).  So, free software will still be better.


Regards,

Andreas Pour
pour@mieterra.com
speaking as a layman

[prev in list] [next in list] [prev in thread] [next in thread]