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List:       kde-licensing
Subject:    Re: A more serious QPL-1.0 problem
From:       "Adam J. Richter" <adam () yggdrasil ! com>
Date:       1999-03-13 5:46:46
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>>>> = Adam Richter
>>>  = Raul Miller
>>   = Adam Richter
>    = Raul Miller

>>>> [QPL section 3b] 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.

>>>I disagree.
>>>
>>>Take a look at section 1 of the GPL:
[...]

>>       Section 1 does not apply, because we are talking about
>> a modified work, not a verbatim copies.
>
>Huh?  All the restrictions which apply to making verbatim copies also
>apply to modified works.

	OK, I should have said "does not apply completely", since my
point is that that a superset of the GPL section 1 restrictions apply
for derivative works.  I.e., a subset of the permissions is granted,
so you cannot just point to section 1 as saying that it grants
permission to produce a derivative work that incorporates QPL'ed
material.  It does not.  A superset of the restrictions apply to
derivative works.  In particular, to distribute a derivative work,
section 2b requires:

|    b) You must cause any work that you distribute or publish, that in
|    whole or in part contains or is derived from the Program or any
|    part thereof, to be licensed AS A WHOLE at no charge to all third
|    parties under the terms of THIS LICENSE.

	This means that every piece of a derivative work that
comingles GPL'ed material must be covered by copying conditions that
grant the same permissions of the GPL or a superset of the GPL's
permissions (i.e., puts the same restrictions on, or a subset of the
GPL's restrictions).  QPL-1.0 fails this requirement, because QPL'ed
material has additional restrictions beyond the GPL, such as the right
to distribute a modified version that integrates material Troll Tech
cannot distribute in their proprietary version.

Adam J. Richter     __     ______________   4880 Stevens Creek Blvd, Suite 104
adam@yggdrasil.com     \ /                  San Jose, California 95129-1034
+1 408 261-6630         | g g d r a s i l   United States of America
fax +1 408 261-6631      "Free Software For The Rest Of Us."

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