64
Rhomal
Re: Double Standards
  • 2005/2/14 20:37

  • Rhomal

  • Quite a regular

  • Posts: 274

  • Since: 2004/10/5


Wfsection -

> Please do not use my words to as a means to attack another member of this community, thank-you.

I was using the facts as you presented, not your opinions. Did he or did he not violate the orginial licence of AMS? It seems litke pretty black or white topic. If he didnt then lets move on. If he did then that should be looked at IMO. From how I read your post he did, I did ask for clarification.

>Brash is and I hope will continue to contribute to XOOPS in the manner he feel best, and I honestly believe his actions are with the best intentions and honourable, I can assure you he is not trying to make himself Bill Gates II.


Gates II he isnt nor will be. I am not implying such. But we will agree to disagree he is 'honorable' and doing the 'best' for the community. He is, IMO, in direct violation of the spirit of GPL. By his little "if you use the software by the licence I released it as im going to ban you" tirade.

From his post IMO hes nothing better then a shady salesman. Twisting the squirming around the wording of the licence (law) to fit his own ends.

He frankly needs to grow a pair and deal. If he does not like the fact people are allowed to distro the module for free after they buy it from him, then he should release it under a different licence.

Again, he is trying to have his cake and eat it too. At the expense of the spirit of the GPL.

My 2 coppers

63
Catzwolf
Re: Double Standards
  • 2005/2/14 20:33

  • Catzwolf

  • Home away from home

  • Posts: 1392

  • Since: 2007/9/30


Quote:

Chainsaw wrote:
I think what Liquid highlighted is very valuable and insightful. Don't let this debate come down to grubby mud slinging or finger pointing. And pleaaaase.. don't even start the "he did it first" cos you're all much more older than that I hope.

If I may make a simple suggestion to Brash. Just call it a Beta testing club and members of the BETA club get first bash at BETA testing the module before public release for public scrutiny.

I seriously don't understand why everyone is getting SO UPSET about this.

If I look at the end result they are the same.

a. group develop module - release it to the public for testing (ie release candidate) then it become public final version. Public donation welcomed.

b. Brash commissioned someone to develop module - ask for public donation to spread cost. Decided to release module to donators for a short period before releasing to public as final version. All donations welcomed.


If Brash had kept quiet about it and just emailed the files to his donators, none of you would be making a big fuss about this. Eventually a public copy is still made available at the end.

Hey guess what? I've just donated money last week for someone to enhance a module for me. I'm using it on a website that is about to go live before the end of this month. This module does exactly what another module do. But the module developer wanted to further tweak the files before releasing it to the public. I get to use it first because of my donation (plus I need it urgently). Any problem with that?


Thank-you Chainsaw.

I hope people realise that my post was in no way a 'lets have a go at Brash or Mithirander' but clear the way for the future for Xoops.

My suggestion would be for Brash to seek legal advice over this and clear the matter (for his peace of mind sake).

Anyway, lets have a bit of fun; Quiz time =)

http://akfoerster.de/akfquiz/GPL-Quiz.html#top

Scott

62
Chainsaw
Re: Double Standards
  • 2005/2/14 20:16

  • Chainsaw

  • Quite a regular

  • Posts: 304

  • Since: 2003/9/28


I think what Liquid highlighted is very valuable and insightful. Don't let this debate come down to grubby mud slinging or finger pointing. And pleaaaase.. don't even start the "he did it first" cos you're all much more older than that I hope.

If I may make a simple suggestion to Brash. Just call it a Beta testing club and members of the BETA club get first bash at BETA testing the module before public release for public scrutiny.

I seriously don't understand why everyone is getting SO UPSET about this.

If I look at the end result they are the same.

a. group develop module - release it to the public for testing (ie release candidate) then it become public final version. Public donation welcomed.

b. Brash commissioned someone to develop module - ask for public donation to spread cost. Decided to release module to donators for a short period before releasing to public as final version. All donations welcomed.


If Brash had kept quiet about it and just emailed the files to his donators, none of you would be making a big fuss about this. Eventually a public copy is still made available at the end.

Hey guess what? I've just donated money last week for someone to enhance a module for me. I'm using it on a website that is about to go live before the end of this month. This module does exactly what another module do. But the module developer wanted to further tweak the files before releasing it to the public. I get to use it first because of my donation (plus I need it urgently). Any problem with that?

61
JMorris
Re: Double Standards
  • 2005/2/14 19:58

  • JMorris

  • XOOPS is my life!

  • Posts: 2722

  • Since: 2004/4/11


Resized Image

60
Catzwolf
Re: Double Standards
  • 2005/2/14 19:43

  • Catzwolf

  • Home away from home

  • Posts: 1392

  • Since: 2007/9/30


Quote:

Rhomal wrote:
I agree the post by wfsections is VERY informative. I for one do agree under the rights conditions GPL does not mean free, free. (I was convinced several posts ago but does not hurt to re-state my position)

But the main topic of this is AMS, as per the post above:

>I will 100% agree with them on this issue and they are 100% correct. But this is as far as I will agree with them regarding this issue and there is one major outlining part that been has forgotten regarding AMS, the license that AMS uses is now invalid. I will explain. If we actually look at the history of AMS, we will see that is a derivate of another work 'News Module' (Which was originally a port for another CMS). As I am aware and I might be incorrect here, neither Brash or Mithirander are the creators, nor the original developers here. If this is the case, the news module is freely available to download and modify, edit and redistribute as long as NO FURTHER RESTRICTIONS are placed in the FREEDOMS of it use to edit, modify or distribute it by another person.

If I am reading this and the rest of the post on the matter correctly, brash is in violation of the orginial licence of the module?

Not only in spirit but legally it seems. Be interesting to see how brash rationilizes this. As this post mostly nullifies most everything he has said up to this point.

Oh and as for these points:

>Yep, that's it. I wonder which color Porsche I'll drive to work tomorrow, so many choices with all the money I'm racking in from all those $10 donations. Bugger it, I think I'll buy a helicopter as I'm sick of sitting in traffic. Man it's GOOD to be sitting in a pile of money like this....

Seth able.. LORD. He racked in several hundred thousands of dollars on his shareware software. Do I imply or think your going to even get close to that? No. (In fact i'd be surprised if you make more then a few hundred) But the point is its certainly possible unlike how you seem to imply its not.

> Sorry for the sarcasm, but if you had actually bothered to research the history of AMS at all...

Apparently from wfsections post I am not the only one who needs a refresher on the history of where AMS came from or what licence it uses.

> But if you can tell me that hosting your site has cost $1100USD in the last 6 months then I really think that argument is null.

Internet service x 6 months = ~$300.
Server cost = ~$900. (parts/built it myself/upgrades)
Time = my normal fee is $40./hr (average) when I contract myself out. I put in, on a consertive amount 2 hrs/day into the site. Thats $80./day x 30 x 6.

You do the math.

Again if you cant afford it or have the skills to do it yourself hand it over to the community. The excuses you give are not worthy to reply to directly. All I see is a guy grasping at reasons which are, at best, weak IMO.

My 2 coppers


@Rhomal;

Please do not use my words to as a means to attack another member of this community, thank-you. Brash is and I hope will continue to contribute to XOOPS in the manner he feel best, and I honestly believe his actions are with the best intentions and honourable, I can assure you he is not trying to make himself Bill Gates II.

My whole point was to emphaise the legality point regarding such a matter, in the hope that we do not fall into these pit traps in the future. Plus, maybe give some people a better understanding of the matters regarding GNU/GPL for developers and the end user. Please, let us keep it constructive, to the point and matter a fact and not another excuse for a 'slagging match' regarding something that as been discussed to the death now. Lets move on now.

@dlh:

Seems you're getting good advice in the thread you started, maybe you could use these posts there as a good starting base.

Draven commented (Not sure where it is now) on a dual license for XOOPS and I am more than positive this is the direction we should follow, that would appeal to everyone in the long run.

Scott

59
Catzwolf
Re: Double Standards
  • 2005/2/14 19:42

  • Catzwolf

  • Home away from home

  • Posts: 1392

  • Since: 2007/9/30


Quote:

rowdie wrote:
The license states that if the derivative work is released, it should be released under the same or a lesser license. AMS, when it was released either to the donators or later to the XOOPS community, was released under the GPL license so that argument is invalid. There were no restrictions placed on the module once released, so that quoted bit of the license doesn't apply.

There is no obligation to release a module. AMS is a privately developed work that was released. Stop complaining about it and just get on with helping the community in whatever manner you can, in the true Open Source spirit. I'm tired of reading rants.

Rowd


@rowdie: Please re-read that part again, the wording is very clear and not open to any sort of questioning. AMS is a derivative of another work released under GNU/GPL and the same 'restriction' must apply from one derivative to another. (unless under special circumstances). There is now a restriction to the source that was not there with news module. My freedom to the AMS (the News derivative) has a restriction to it that was not present with the news modulem, due to I have to pay to have access to the source.

Scott

edited

58
m0nty
Re: Double Standards
  • 2005/2/14 19:15

  • m0nty

  • XOOPS is my life!

  • Posts: 3337

  • Since: 2003/10/24


but AMS was released under the GPL with no added restrictions..

the original release of AMS was done in a fair way!

Brash asked the community if they wanted it, and he then asked that those who did want it to donate a little amount to cover his costs! i see nothing wrong with him doing that. if nobody had donated or wanted the module, Brash would NOT have released it publicly and would have kept the module for himself, something that HE is ENTITLED to do.

but people donated, so he offered it out for the public after a certain time..

now you tell me 1 thing.. IS IT NOT FAIR FOR BRASH TO SAY THAT DONATORS HAVE A RIGHT TO DOWNLOAD AND GET SUPPORT FOR THE MODULE BEFORE IT GOES PUBLIC? i for 1 agree that it is fair that Brash offers it to donators before he releases it publicly.

now brash can't force anybody to not put it up for download after they have it.. but he is more than allowed to stop that person in future from getting a copy off himself before the next version is released to the public.. But we are talking as human beings here, and Brash has asked that donators do not distribute it before the public release date.. and i think out of COMMON DECENCY & RESPECT that those donators would agree to that.. again he isn't enforcing it, he is asking.

so what's Brash done wrong here?? apart from probably a mix up of words I can't see anything wrong with what Brash has done.. He hasn't restricted it's use or changed the license..

57
rowdie
Re: Double Standards
  • 2005/2/14 19:02

  • rowdie

  • Just can't stay away

  • Posts: 846

  • Since: 2004/7/21


The license states that if the derivative work is released, it should be released under the same or a lesser license. AMS, when it was released either to the donators or later to the XOOPS community, was released under the GPL license so that argument is invalid. There were no restrictions placed on the module once released, so that quoted bit of the license doesn't apply.

There is no obligation to release a module. AMS is a privately developed work that was released. Stop complaining about it and just get on with helping the community in whatever manner you can, in the true Open Source spirit. I'm tired of reading rants.

Rowd

56
Mithrandir
Re: Double Standards

Mithrandir wrote:
Freedoms by the GPL license:
Quote:

* The freedom to run the program, for any purpose (freedom 0).
* The freedom to study how the program works, and adapt it to your needs (freedom 1). Access to the source code is a precondition for this.
* The freedom to redistribute copies so you can help your neighbor (freedom 2).
* The freedom to improve the program, and release your improvements to the public, so that the whole community benefits (freedom 3). Access to the source code is a precondition for this.

Anybody who has a copy of AMS (or News for that matter) can

* Run the program for any purpose (freedom 0)
* Study how the program works and adapt it (freedom 1 - Both AMS and News are distributed with source code)
* Redistribute copies (freedom 2 - Nobody is restricting your freedom to distribute AMS. You may lose privileges on www.it-hq.org, though)
* Freedom to improve the program and release your improvements to the public (freedom 3 - That is perfectly alright to do with AMS)

Quote:

A program is free software if users have all of these freedoms. Thus, you should be free to redistribute copies, either with or without modifications, either gratis or charging a fee for distribution, to anyone anywhere

AMS is a redistributed copy of News with modifications, which thus can be distributed either gratis or with a fee... which is what Brash is doing with AMS.

AMS distribution by Brash does not go against these freedoms or the definition of free software.

55
Rhomal
Re: Double Standards
  • 2005/2/14 18:13

  • Rhomal

  • Quite a regular

  • Posts: 274

  • Since: 2004/10/5


I agree the post by wfsections is VERY informative. I for one do agree under the rights conditions GPL does not mean free, free. (I was convinced several posts ago but does not hurt to re-state my position)

But the main topic of this is AMS, as per the post above:

>I will 100% agree with them on this issue and they are 100% correct. But this is as far as I will agree with them regarding this issue and there is one major outlining part that been has forgotten regarding AMS, the license that AMS uses is now invalid. I will explain. If we actually look at the history of AMS, we will see that is a derivate of another work 'News Module' (Which was originally a port for another CMS). As I am aware and I might be incorrect here, neither Brash or Mithirander are the creators, nor the original developers here. If this is the case, the news module is freely available to download and modify, edit and redistribute as long as NO FURTHER RESTRICTIONS are placed in the FREEDOMS of it use to edit, modify or distribute it by another person.

If I am reading this and the rest of the post on the matter correctly, brash is in violation of the orginial licence of the module?

Not only in spirit but legally it seems. Be interesting to see how brash rationilizes this. As this post mostly nullifies most everything he has said up to this point.

Oh and as for these points:

>Yep, that's it. I wonder which color Porsche I'll drive to work tomorrow, so many choices with all the money I'm racking in from all those $10 donations. Bugger it, I think I'll buy a helicopter as I'm sick of sitting in traffic. Man it's GOOD to be sitting in a pile of money like this....

Seth able.. LORD. He racked in several hundred thousands of dollars on his shareware software. Do I imply or think your going to even get close to that? No. (In fact i'd be surprised if you make more then a few hundred) But the point is its certainly possible unlike how you seem to imply its not.

> Sorry for the sarcasm, but if you had actually bothered to research the history of AMS at all...

Apparently from wfsections post I am not the only one who needs a refresher on the history of where AMS came from or what licence it uses.

> But if you can tell me that hosting your site has cost $1100USD in the last 6 months then I really think that argument is null.

Internet service x 6 months = ~$300.
Server cost = ~$900. (parts/built it myself/upgrades)
Time = my normal fee is $40./hr (average) when I contract myself out. I put in, on a consertive amount 2 hrs/day into the site. Thats $80./day x 30 x 6.

You do the math.

Again if you cant afford it or have the skills to do it yourself hand it over to the community. The excuses you give are not worthy to reply to directly. All I see is a guy grasping at reasons which are, at best, weak IMO.

My 2 coppers

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