Re: [Gimp-developer] [Fwd: Bug#148412: gimp1.2: Gimp is not consistently licensed]

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On Wed, 2002-05-29 at 07:26, Raphaël Quinet wrote:

> Hmmm...  This is bad, because this is not compatible with the GPL.  So we
> must either stop distributing these files or distribute them in a separate
> package that is not GPL'ed.

Yep. And a lot of people are depending on the package being GPLd (most
GNU/Linux distros, for example). 


> I don't know if you want to get a copy of the messages and if I should
> also CC them to the debian bug tracker.

Please at least CC 148412@xxxxxxxxxxxxxxx or
148412-quiet@xxxxxxxxxxxxxxx

Also, you might want to set a CC on the bugzilla bug to
148412-quiet@xxxxxxxxxxxxxxxx Shouldn't result in an ack war.


> Here is a sorted list of files that have copyright notices that are
> not compatible with the GPL (derivatives of the BSD license with the
> so-called "advertising clause"):

If that's just from sorting my list, then beware that I just did some
greps. I didn't actually read the licenses at the top of every file.

I just grepped for 'supporting'.

> 
> The two remaining options are to split the GIMP distribution in two
> packages or to change the license of the distribution:
> - If we split the distribution, we could have one tar archive with GPL
>   files (or GPL-compatible files) and another one with the files
>   mentioned above.  This would also cover some patent problems for the
>   GIF and TIFF plug-ins.  However, it would not like to move Script-Fu
>   out of the main GIMP distribution.

This isn't really an option, at least for Debian. Debian couldn't
distribute the split-out files because it'd violate the GPL on the rest
of gimp(!). Same as how Debian doesn't distribute things that link GPL'd
code to OpenSSL.

GIMP would need an exception to the GPL saying this is OK.

Probably not to practical to change the GIMP license.


> - The other option is to change the license for the distribution 
>   [...] However, I am not sure that it
>   is even possible to have a valid license for the aggregate, while
>   still respecting the GPL and the old-style BSD-ish licenses.

I don't believe it is. See GPL clause 7:

  7. If, as a consequence of a court judgment or allegation of patent
infringement or for any other reason (not limited to patent issues),
conditions are imposed on you (whether by court order, agreement or
otherwise) that contradict the conditions of this License, they do not
excuse you from the conditions of this License.  If you cannot
distribute so as to satisfy simultaneously your obligations under this
License and any other pertinent obligations, then as a consequence you
may not distribute the Program at all. [...]

The 'any other reason' in this case would be the old BSD license.

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