GPL v3 and Ruby License

On 4/5/06, Austin Z. [email protected] wrote:

written, the MPL is incompatible with it. This will not be changing
everything as MPL and GNU GPL as a net loss for quality open source.)

The GNU GPL requires that your licence have a subset of restrictions
that the GNU GPL provides. It is not even clear if the GNU GPL would be
compatible the ASCL even if the additional term were removed. However,
even one additional restriction, no matter how reasonable, renders
your licence wholly incompatible with the GNU GPL.

It’s nonsense, and it could be fixed pretty easily.

heh, that is what they say they put in v3 :slight_smile:

You see, if you allowed any additional restrictions, you could as well
use the BSD license.
But they say they observed that some acceptable additional
restrisctions tend to appear in other free licenses. And that they are
incompatible because of that. So they will name the acceptable
additional restrictions for you. And you can add them or use code
covered by other licenses that include them in your gpl software :slight_smile:

disclaimer: I did not read the license but this is discussed on the
page linked a few messages back just below the tivo issue

Thanks

Michal

On 4/5/06, Bob G. [email protected] wrote:

I think you agree that the ‘v2 or later’ is not particularly a good
thing, although you say ‘GPL’ without specifying a version.

I was using abbreviations here, in a license, it would be something
like:

You are free to modify, copy and/or redistribute this software under
the GNU General Public License 2, or any later version of this
license.

On 4/5/06, Michal S. [email protected] wrote:

heh, that is what they say they put in v3 :slight_smile:

They did. One step forward (acceptable additional restrictions), three
steps back (DRM and patent stuff, neither of which is best fought in
the GNU GPL).

disclaimer: I did not read the license but this is discussed on the
page linked a few messages back just below the tivo issue

I have read GPLv3 draft 1. I was unimpressed. I am underwhelmed by the
process.

-austin

Hi,

In message “Re: GPL v3 and Ruby License.”
on Thu, 6 Apr 2006 02:03:34 +0900, “Gregory B.”
[email protected] writes:

|Meaning… when GPLv3 comes out, do we.
|
|a) Resist it by removing any “any later version” clauses from our
|license agreements which use the license of ruby
|
|b) Embrace it and re-release code using GPLv3 and Matz’s terms, but
|make sure the FSF hears the voice of our community beforehand.
|
|c) Can it entirely and favor an established license such as the BSD license.
|
|d) Draft up our own license, possibly with cartoon foxes.

For your information, at the beginning of Ruby’s license, we see:

Ruby is copyrighted free software by Yukihiro M.
[email protected].
You can redistribute it and/or modify it under either the terms of the
GPL
(see the file GPL), or the conditions below:

and the file GPL contains GPLv2, so you have no option to choose GPLv3
automatically even when it comes out. Even though I have no objection
to GPLv3 unlike Linus right now, still we don’t have any problem with
our current licensing. So I’d wait for few more years after the final
release to settle things down, then if we find no problem, I would
replace the GPL file to GPLv3.

						matz.

On 4/6/06, Yukihiro M. [email protected] wrote:

|b) Embrace it and re-release code using GPLv3 and Matz’s terms, but
(see the file GPL), or the conditions below:

and the file GPL contains GPLv2, so you have no option to choose GPLv3
automatically even when it comes out. Even though I have no objection
to GPLv3 unlike Linus right now, still we don’t have any problem with
our current licensing. So I’d wait for few more years after the final
release to settle things down, then if we find no problem, I would
replace the GPL file to GPLv3.

Oh… cool. Now we just have libraries and things like that to be
concerned with, but that’s an individual developers decision. Thanks
matz.

I wonder if it might be smart to explicitly note GPLv2?

Gregory S. [email protected] writes:

You forgot one:

e) Ignore it, continue to release under v2 with the clause that allows
others to choose to license it under v3, and not include any non-v2
patches/code.

+1, thanks for your pragmatism.

Hi,

In message “Re: GPL v3 and Ruby License.”
on Thu, 6 Apr 2006 21:23:27 +0900, “Gregory B.”
[email protected] writes:
|I wonder if it might be smart to explicitly note GPLv2?

Indeed. I’d change the wording for next release.

						matz.

Yukihiro M. wrote:

For your information, at the beginning of Ruby’s license, we see:

Ruby is copyrighted free software by Yukihiro M.
[email protected].
You can redistribute it and/or modify it under either the terms of the
GPL
(see the file GPL), or the conditions below:

and the file GPL contains GPLv2, so you have no option to choose GPLv3
automatically even when it comes out. Even though I have no objection
to GPLv3 unlike Linus right now, still we don’t have any problem with
our current licensing. So I’d wait for few more years after the final
release to settle things down, then if we find no problem, I would
replace the GPL file to GPLv3.

Be careful what you assume about the GPL. Consider clause 9 of
the GPL file included with current Ruby:

  1. The Free Software Foundation may publish revised and/or new versions
    of the General Public License from time to time. Such new versions will
    be similar in spirit to the present version, but may differ in detail to
    address new problems or concerns.

Each version is given a distinguishing version number. If the Program
specifies a version number of this License which applies to it and “any
later version”, you have the option of following the terms and conditions
either of that version or of any later version published by the Free
Software Foundation. If the Program does not specify a version number of
this License, you may choose any version ever published by the Free Software
Foundation.

In other words, because the current Ruby distribution does not
explicitly
restrict itself to a specific version of the GPL, anyone can re-release
or re-distribute current Ruby entirely under any published version of
the
GPL, including GPLv3 (when it comes out).

cheers,
andrew

Hi,

In message “Re: GPL v3 and Ruby License.”
on Fri, 7 Apr 2006 01:18:41 +0900, Andrew J.
[email protected] writes:

|Be careful what you assume about the GPL. Consider clause 9 of
|the GPL file included with current Ruby

|In other words, because the current Ruby distribution does not
|explicitly
|restrict itself to a specific version of the GPL, anyone can re-release
|or re-distribute current Ruby entirely under any published version of
|the
|GPL, including GPLv3 (when it comes out).

Agreed. I will change the description to:

Ruby is copyrighted free software by Yukihiro M.
[email protected].
You can redistribute it and/or modify it under either the terms of the
GPL
version 2 (see the file GPL), or the conditions below:
^^^^^^^^^
in the near future to clarify.

						matz.

On 4/6/06, Daniel B. [email protected] wrote:

I’m not convinced that’s what the licence is saying. If the program licence
terms say “GPL2 or later”, I think this clause in GPL2 is saying only that
you can opt to comply with any later version. I don’t think it’s saying
that you can re-release the program code with licence terms of “GPLv3 or
later” – just that for your specific use of the program, you can choose
which one you comply with.

You absolutely, positively, can redistribute the software under a later
version.

That is the whole point of the clause. This was explictly mentioned
by Eben Moglen and Richard Stallman at the meeting I attended last
weekend.

If you grant permission for redistribution under the terms of GPL
version ‘foo’ or any later version… since this permission is granted
outside of the license, but the ability to do so is granted inside the
license, a redistributer is free to remove the ‘or any later version’,
upgrade to a newer version, etc.

You can’t place additional restrictions on re-distribution AFAIK. I
do not think you could say ‘freedom is granted to use this software
under v2 or later, but not redistribute under anything but v2’. I
think that would be a conflict.

On 07/04/06, Andrew J. [email protected] wrote:

Software

Foundation.

In other words, because the current Ruby distribution does not explicitly
restrict itself to a specific version of the GPL, anyone can re-release
or re-distribute current Ruby entirely under any published version of the
GPL, including GPLv3 (when it comes out).

cheers,
andrew

I’m not convinced that’s what the licence is saying. If the program
licence
terms say “GPL2 or later”, I think this clause in GPL2 is saying only
that
you can opt to comply with any later version. I don’t think it’s
saying
that you can re-release the program code with licence terms of “GPLv3 or
later” – just that for your specific use of the program, you can choose
which one you comply with.

It’s possible I’ve misinterpreted Andrew’s comment. And I’m not a
lawyer –
I still have a beating human heart :slight_smile:

;Daniel


Daniel B.
http://danielbaird.com (TiddlyW;nks! :: Whiteboard Koala :: Blog ::
Things
That Suck)
[[My webhost uptime is ~ 92%… if no answer pls call again later!]]

On 07/04/06, Gregory B. [email protected] wrote:

You absolutely, positively, can redistribute the software under a later
version.

Hmm, I guess Bill Gates is right and GPL is aggresively viral after all
:slight_smile:

It seems weird that if action A is allowable under GPL2 but not under
GPL3,
and I repackage Ruby source and release it under GPL3, people who get
source
from me can’t do action A, but people who get source from the original
location can.

;Daniel


Daniel B.
http://danielbaird.com (TiddlyW;nks! :: Whiteboard Koala :: Blog ::
Things
That Suck)
[[My webhost uptime is ~ 92%… if no answer pls call again later!]]

On 4/6/06, Daniel B. [email protected] wrote:

and I repackage Ruby source and release it under GPL3, people who get source
from me can’t do action A, but people who get source from the original
location can.

But that’s kind of the point of the whole thing. You can see farther
up the thread where we mentioned the ‘any later version’ clause to be
a back door, which can be avoided by mentioning an explicit version
number. But as Austin mentioned, it does swing both ways.

I’m personally going to avoid putting ‘or any later version’ in any of
my code, because I’m afraid that even if I’m down with GPLv3, which
for the most part I am… what’s to say about GPLv4 or GPLv5? Is my
code going to be under a wildly different license 10 years from now
(assuming with incredible ego that i’ll have some project that spans
that time frame)?

I don’t want to think about it… so dropping the ‘any later version’
term from my license file will save thinking about it.

On 6-Apr-06, at 9:35 PM, Gregory B. wrote:

I’m personally going to avoid putting ‘or any later version’ in any of
my code, because I’m afraid that even if I’m down with GPLv3, which
for the most part I am… what’s to say about GPLv4 or GPLv5? Is my
code going to be under a wildly different license 10 years from now
(assuming with incredible ego that i’ll have some project that spans
that time frame)?

Personally, I will just avoid using the GPL because of this nonsense.

I don’t want to think about it… so dropping the ‘any later version’
term from my license file will save thinking about it.

Everyone should do this in my view, only explicitly granting
permission where they chose too.