[Asterisk-biz] Small / embedded system recommendations

[trixter aka Bret McDanel]

On Tue, 2005-12-13 at 04:32 +0100, janvb at caselaboratories.com wrote:
> Interesting discussion taken into account that Asterisk has the same
> 'problem'.
> 
> I think you all forget something!
> 
> I can write a piece of code and distribute it under what f..ing
> license I like as long as it is my code (at least originally). this is
> what both the swedes (MySQL) and Digium are doing. 
> 
According to the gpl faq, and I dont like their interpretation (lawyers
have said they misquote some of the underlying laws as well so meh) php
code that is interpreted is 'linking' to the mysql code because php
provides bindings to these libraries.

As such you may write 100% your own code but if it uses libraries the
FSF will say you must issue a compatible license, although this has
never been tested in court and I really doubt that anyone would even go
as far as to suggest that code that you wrote 100% must fall under the
gpl because of something like that...  

note php is not gpled but it is given an exemption by mysql to interface
with mysql.  php is released under the php license.


> The fork idea is interesting, but I for one would not bet my money on
> the OpenPBX boys if Digium take them to court --- and you are pretty
> stupid if you believe that Marc will not consider protecting his
> business (he would be stupid not to).
> 

if digium took openpbx guys to court for following the gpl, which they
are doing they would cause more problems for themselves than for the
openpbx guys.  There are no software patents taken there is no code
being used without a license.  If digium didnt want the gpl for their
license they shouldnt have picked it, to say that its wrong for someone
to use the license in accordance with the terms (this applies to both
using mysql for free as well as forking any gpl project) of that license
is just not a good road to go down. Copyright holders (digium in this
case since code submitted has no copyright notice of the original
authors its effectively public domain ...) cant enforce a violation of
their copyright when they *lkicense* that use to others.

Section 2 of the gpl allows others to distribute without royalty.
Section 3 of the gpl allows modification of the code.  The restrictions
is the resulting code must be GPLed and must contain original copyrights
(as such original authors have little to no legal claim because their
copyright doesnt exist only digiums ...).  As a result forking is
perfectly allowed.

Further section 7 prohibits further restrictions being applied other
than those enumerated in the gpl.  So you cant forbid forking and to try
would go against what the FSF wants - they dont even want obfuscated
email addresses in  the code to prevent spam with a restriction that
email addresses cannot be unobfuscated, they kinda freak about a
limitation that mild.


> Maybe my interpretation is wrong, but I understand that you are ok to
> resell a system that include GPL'ed code as long as the source code is
> included....?
> 
> 
That is what the gpl states, more or less.  You dont have to bundle the
code in but have to have a written offer valid for 3 years to provide
the code basically at cost.  Written offers can be a README on the
harddrive they dont have to be on paper.  You do *not* have to provide
the code online either, but are supposed to provide it on the same
method you provide the other stuff.  So if you give out tarballs on a
webpage you have to give out source on a webpage too (per the gpl faq).

Further it doesnt say 'reasonable costs'.  You can hire your brother at
$5000/hr to copy the media for you and if it takes that long to make the
CD, plus the cost of the CD, plus the amoratization on the system used
to burn, plus whatever ...  and make the cost insane, but you did make a
written offer for cost :P  

Totally goes against the spirit of the gpl, but valid.  They also dont
appear to have a requirement that you use a standard easily accessable
filesystem for the media.  You could use a proprietary filesystem that
requires a $10,000 driver to read.  There are so many ways around the
code requirement in the gpl - although most people dont do that.


-- 
Trixter http://www.0xdecafbad.com     Bret McDanel
UK +44 870 340 4605   Germany +49 801 777 555 3402
US +1 360 207 0479 or +1 516 687 5200
FreeWorldDialup: 635378
http://www.sacaug.org/ Sacramento Asterisk Users Group
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