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Date:  Fri, 23 Nov 2007 15:34:55 +0100
From:  Michael Stauber <bq (at mark) solarspeed.net>
Subject:  [coba-e:11226] Re: OT: FSF releases AGPL for Web services
To:  coba-e (at mark) bluequartz.org
Message-Id:  <200711231534.55165.bq (at mark) solarspeed.net>
In-Reply-To:  <014701c82dad$eb880050$e5b418ac@dell>
References:  <014701c82dad$eb880050$e5b418ac@dell>
X-Mail-Count: 11226

Hi Arthur,

> Which comes to question: what license is BQ under?

The NuOnce CD contains a license text that indicates GPL v2 for the 
distribution, which may or may not be entirely correct. After all, the ISO 
contains both CentOS and BlueQuartz, plus custom additions made by Brian. 
What is under which license can be checked by examining the source code or 
the headers of the installed RPMs. As for CentOS: It's released under the 
GPL, but that wasn't your question.

Now how about BlueQuartz itself? The CCE and UI code that goes back to the 
initial RaQ550 OSS release from Sun Microsystems is under the "Sun BSD 
license". There is enough "old" and "original" Sun code around to safely 
assume that a lot of parts of BlueQuartz are still under their original Sun 
BSD license. 

The bandwith management kernel modules of the RaQ550 OSS release are under GPL 
v2 as well - as indicated in the readme included in the original release from 
Sun.

The BlueQuartz page itself doesn't clarify which license is used - at least 
not in a prominent fashion. Which should be cleared up sometime down the 
road. However: CentOS itself doesn't do that either, so we're in good 
company. :o)

My own personal take is that it's either Sun BSD or GPL v2, but the best 
person to answer that question would of course be Hisao.

> This one seems as appropriate for us, also it might give us a "marketing"
> push. What do you think?

I don't think so.

Sun BSD even grants a broader scope of rights than GPL v2, like the right to 
distribute the code or code that derived from it in just binary form.

GPL v2 is the most commonly used license for open source projects and there is 
a good reason for it. It gives both the project maintainers and the users of 
the code about equal opportunities for what it can be used for and what not. 
Most other licenses shift this balance in one direction or another and take 
usage rights and permissions away from the end user or the developer of 
derived works. The GPL sums this up quite nicely in its preface:

"The licenses for most software and other practical works are designed to take 
away your freedom to share and change the works."

The "Creative Commons v2.5" license for example grants you rights to alter and 
redistribute the code, but says: "You may not use this work for commercial 
purposes."

"Open Xchange" for example uses a mix of GPL and Creative Commons for 
different parts of the distribution. The "backend" is under GPL, but the 
really interesting parts (the web based UI) are under Creative Commons. Some 
modules (like the synchronization with PDA's and handhelds) are under a 
pretty restrictive commercial license. Which throws a big wrench into using 
it in any shape or form for commercial purposes. Unless you roll out the 
money for it.

Expectedly the "Affero General Public License" (AGPL) takes some freedoms away 
as well. Assume for a moment that BlueQuartz would be under the AGPL and 
someone used the BlueQuartz framework to create something new. The AGPL would 
force him to release all his modifications to the original code to the 
general public. The GPL already does that as well, but the AGPL also covers 
cases where the software is just provided as "a service" over the network and 
where the end user doesn't actually "see" the code or installs the code 
himself.  

BlueQuartz is *very* modular, so you could simply use the GUI framework and 
create new "modules" for it which do the work that BlueQuartz itself doesn't 
cover. So these extra modules that someone created from scratch could still 
be under any license he chooses and he wouldn't need to make the code for the 
extra modules available. That would still be fine with both GPL and AGPL and 
therefore choosing AGPL over Sun BSD or GPL v2 wouldn't help the project one 
bit. To the contrary: Developers might think twice about using BlueQuartz for 
derived work.

Speaking from personal experience: I've checked out a lot of "interesting" 
software over the years to evaluate if I could provide it as extra service to 
clients. But if the software in question is not outright under GPL I usually 
stop looking further at it, because it may turn out as a bitter pill to 
swallow once you finished thumbing through the legal fineprint in that 
particular license.

On the other hand the AGPL also allows developers to have sub-contractors work 
on the code and force them in a binding way to not use the derived works for 
themselves other than for the assigned development task. Which can be useful 
to a certain degree. But you can also do that without AGPL and in form of a 
contract between developer and sub-contractor.

While there are certainly projects where the AGPL is appropriate, I don't 
think it would be something that helps us. 

All in all I'm not a big fan of all the different GPL lookalikes and GPL v2 is 
good enough for most "true" open source projects. Even GPL v3 has been 
subject of a lot of heated discussions, because it takes some rights and 
permissions away and adds new obligations to certain parties.

-- 
With best regards,

Michael Stauber