From mboxrd@z Thu Jan 1 00:00:00 1970 Date: Thu, 18 May 2000 01:58:34 -0700 From: Richard Uhtenwoldt ru@ohio.river.org Subject: [9fans] inferno licence terms Topicbox-Message-UUID: af405bc0-eac8-11e9-9e20-41e7f4b1d025 Message-ID: <20000518085834.QQxJyjWIJlEiJ1hAnD-huomLlud2LxN3ECbifTw46mc@z> C Forsyth proposes this license for Inferno: > * You can distribute without fee [ie, no run-time royalty to us] binary copies > of Inferno or binary copies of amended versions of Inferno > * You can distribute without fee [ie, nothing payable to us] Inferno source code to > other Inferno subscribers > * You can distribute without fee [ie, nothing payable to us] source code to the > tools, drivers and applications [code in /appl] > * You can keep modifications you make private - but we > encourage you to share. [ie, you own them, we don't] let me put this in my own words, to see if I understand. there are in essense 2 tiers of Inferno users. the lower tier gets binaries for the whole thing and source for /appl. the lower tier doesnt have to pay anything to Vitanuova. we can assume that at any given time, at least one upper-tier user, motivated by idealism or the desire to grow the Inferno userbase, is making this lower-tier material available on a Web or FTP server to all comers, so that in practice, lower-tier users pay zero. the upper tier has to pay Vitanuova a subscription fee. they get source and can distribute that source --verbatim or amended-- to others in the upper tier. from this I infer that a subset of the upper tier could fork the Inferno project. is that correct? if the "protestant" fork (the fork that broke with Vitanuova) incorporates no new code from Vitanuova, do they have to continue their subscription payments to Vitanuova in order to retain the permission to use the old Vitanuova code on which their fork is based? is there anything to prevent an upper-tier user from imposing his own licensing terms on his distributees? from charging money for a derivative of Inferno that he creates? GPLed software generates forks only infrequently --when a "protestant" group has a deep disagreement with the "catholic" group. the Linux kernel, for example, has never forked. software "pirates", however, are a frequent occurrence. what is to prevent an upper-tier user from forking the Inferno project on some minor, trumped-up principle, and using that fork as a cover to distribute many pirated copies of the source code? the pirate could claim that he made a good-faith effort to verify that the distributees were paid-up upper-tier users without actually making that effort. ie, exactly what does a distributor have to do to verify that distributees are upper-tier users? eg, most open-source-licensed source code is distributed via Web and ftp servers. but even if the server had a big sign out front saying "if you are not an upper-tier user of Inferno, LEAVE NOW", many people might download the Inferno source from that server without having paid for an upper-tier "subscription". if any upper-tier user can set up as a seller of CDs with the source on it, what measures does a CD seller have to take to verify that buyers are paid-up upper-tier users? besides the right to collect money from every upper-tier user for the privilege of being in the upper tier, what other rights does Vitanuova retain that every upper-tier user does not have? if I understand correctly, this is an excellent license! it preserves many of the attractive qualities of open-source licenses (secondary developers can fork the project if the primary developer becomes abusive or make bad decisions, casual users do not have to pay money --which really helps the userbase grow) while giving the software's owner a chance to recoup his development costs. much better than eg that Sun Community Source License.