[MonoDevelop] Licensing concerns.

Urs Muff umuff@QUARK.com
Thu, 15 Jul 2004 12:53:48 -0600

Well Bernhard the main issue here is about Intellectual Property.

A license and even the GPL cannot change the fact of IP.

Some facts: SharpDevelop contributors has IP on their code, and =
contributors have IP on their new code (not including just change
SharpDevelop files of course).

That is the bottom line and no license can change that fact.  By
contributing to a GPL project any contributor agrees to but their IP =
into the GPL project so that that project can use it and benefit from =
external contribution.  But that does not change the ownership of IP, =
just a gift to be used free of charge back to the GPL project.

The IP is still with the contributor, since he wrote the code, and he =
can do
whatever else he want to do this his property, he just agreed to also =
it (and I don't think anyone is disagreeing on that one).

Nobody was implying that MD can change their license without the =
author's permission.  MD is still a GPL project as well and will be one
unless the original author would allow differently, which is not the =

The point is simple, if I anything to a GPL project I give you the code =
well to be used in the context of the GPL (and you cannot =
my code as I cannot resell/re-license yours).  But it's still my
contribution and if I choose to use my contribution in a context that =
not include your product I can do so, and it's none of your business.  =
I can
choose whatever license I want in that context, and do not even have to =
you that I did, since I'm the owner of what I wrote.

However I would not be surprised at all if the FSF has a different =
point of
view, since their political background would imply that.  But that =
have to be proven in a court of law first, and the changes would be =
that that point of view would prevail.  But that is just my personal =
and one of the main reasons why many companies stay as far away from =
GPL as

If you really believe that you own the right to forbid a contributor to =
GPL project to retain IP ownership you are stranger than I thought.  =
That is
really the bottom line of the entire argument in my opinion.  What I'm
reading is Todd is asking to retain IP owner of what he wrote from =
and he agrees to provide his contribution to be used in the context of =
GPL project referred to.  And you try to tell him that he can't retain =



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> -----Original Message-----
> From: monodevelop-list-admin@lists.ximian.com =
> admin@lists.ximian.com] On Behalf Of Bernhard Spuida
> Sent: Thursday, July 15, 2004 8:15 AM
> To: monodevelop-list@lists.ximian.com
> Subject: Re: [MonoDevelop] Licensing concerns.
> Hi,
> >
> > > We chose the GPL on purpose so no-one can integrate our code in a
> > > non-GPL application without our explicit permission. And as =
Miguel has
> > > already touched upon this issue, we (#develop) intend to sell
> > > differently licensed components. We can do so, because we have
> > > copyright assignments of all our contributors (OOo and StarOffice
> > > being a prime example of this approach).
> >
> > That is obvious, when it comes to YOUR code, and YOUR distribution =
> > #develop, but absolutely non-obvious for so called derivative work.
> > Are you implying that you want to sell MonoDevelop as well to YOUR
> > profit, that would be outrageous!
> We do not intend to resell MonoDevelop - MonoDevelop is the result of
> the MonoDevelop team's work. We respect others' creative efforts and
> appreciate work based on our work.
> > > How do you think would MySQL AB react if you asked them to =
> > > some of their older releases to MIT?
> >
> > Nobody is asking YOU to relicense ANYTHING, they are just =
> > THEIR OWN GOODS, is that so difficult to understand?  YOU did not =
> > the code that John and Todd wrote, so it does not belong to
> > YOU/#develop, it's as simple as that.  They may have to provide =
> > code in a GPL'ed version but that does not make it YOUR code!
> We are *not* trying to appropriate the code written by Todd, John and
> all the other great developers working on monodevelop. However as
> their work is based on ours we strongly feel that we have some right
> to say what will happen to our code.
> As we stated previously, we have asked the FSF for final and
> authoritative clarification of all the issues involving the GPL and
> other licenses in this matter.
> If you want to see the wording of the inquiry, please refer to this:
> =

> 15>
> In my opinion, throwing arguments at each other does not do any of
> the parties involved any good. The only way to reach mutual agreement
> is to be constructive in handling this situation. Therefore let us
> all wait for the answer of the FSF.
> Regards,
>                Bernhard Spuida
>                #develop senior word wrangler
> "This manual says what our product actually does, no matter what the
> salesman
> may have told you it does." -In a californian graphic board manual,
> 1985.
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