[Opensim-dev] Violating the GPL by looking (Re: Voice Module)

Ryan McDougall ryan at 3di.jp
Tue Mar 18 07:12:34 UTC 2008


On Tue, 2008-03-18 at 08:04 +0100, Stefan Andersson wrote:
> Actually, LL is well aware of our situation, and we are not alone in
> pressuring them for similar concessions. LL and OpenSim has always
> been on good terms and various OpenSim people are in discussions with
> various Linden people over various issues, including this.

That effectively means that OpenSim and LL/Open Second Life are in a
position of detente by mutual consent, where the communities are split
in two and unable to interact.

Sucks for whoever the loser turns out to be...

> For us, it's pretty clear; the lawyers and corporate advisors we've
> had at our disposal, have all agreed that we, to protect the integrity
> of the OpenSim core 100% , should take the threat of GPL taint very
> seriously. 
> 
> Even if it hasn't been proven in court, because nobody has had the
> money to run that lawsuit, doesn't mean it's not an issue.
> 
> This is NOT a declaration of mistrust, merely precaution. This project
> and it's license is worth way more than any single glance at
> incompatibly licensed software.
> 
> On a side note, I think we're better off not looking directly at
> somebody elses implementation; it gives us room for own creativity and
> preserves a sense of differing.
> 
> Best,
> /Stefan
> 
> 
> 
> 
> 
> ______________________________________________________________________
> > From: ryan at 3di.jp
> > To: robla at lindenlab.com
> > Date: Tue, 18 Mar 2008 10:59:25 +0900
> > CC: sldev at lists.secondlife.com; opensim-dev at lists.berlios.de
> > Subject: Re: [Opensim-dev] Violating the GPL by looking (Re: Voice
> Module)
> > 
> > 
> > On Mon, 2008-03-17 at 16:25 -0700, Rob Lanphier wrote:
> > > On 3/16/08 9:01 PM, Ryan McDougall wrote:
> > > > The issue is _not_ reading any form of GPL then whistling dixie;
> the
> > > > issue is reading SL's client viewer and writing BSD code for a
> related
> > > > project, OpenSim. 
> > > >
> > > > It creates a situation where you can be accused to violating the
> GPL by
> > > > trans-coding, intentionally or not, SL viewer code from GPL to
> BSD, and
> > > > open up a small community to a legal dark cloud.
> > > >
> > > > Me personally, I'm not a big fan of that interpretation, but its
> one
> > > > upheld by US court case law, risk-averse corporate lawyers for a
> major
> > > > 3-letter computer company, and more importantly risk-averse
> OpenSim core
> > > > developers.
> > > >
> > > > If LL wanted to clarify the situation, they're welcome to draw
> up a
> > > > covenant not to sue OpenSim or its developers over the matter.
> That's by
> > > > far my favorite option.
> > > >
> > > > 
> > > 
> > > What *exactly* would such a statement say? Can you point me to an 
> > > example of any company who publishes GPL source code that has ever
> done 
> > > anything like this?
> > > 
> > > Rob
> > 
> > Don't think I can, since its a risk actually that all programmers at
> all
> > times face, whether it be from being accused of transgressing
> License A,
> > or copyright B, or patent C -- any and all IP -- especially in the
> US
> > where such things are taken very seriously.
> > 
> > What makes this case "unique" is that this is really an issue
> specific
> > to LL's relationship to OpenSim. OpenSim's core developers do not
> appear
> > to trust LL period. Therefore I suggest, Rob, that you and perhaps
> other
> > LL stakeholders might want to speak directly with them about this
> > specific issue, since I in no way represent OpenSim core developers
> (I'm
> > just relating what they told me).
> > 
> > As examples of past behavior that elicits concern, I believe the
> > examples of SCO (good turned evil) and mp3/Fraunhofer (ambiguous
> > assertion of IP rights) as situations OpenSim feels it should avoid.
> > 
> > A number of large companies interesting in OpenSim have no doubt had
> > their lawyers influence this conservative stance.
> > 
> > What something I would suggest might look like is: "LL announces a
> > partnership with OpenSim for extending SL metaverse, including cross
> > licensing of IP rights, and a GPL exception for OpenSim's BSD". But
> > that's just off the top of my head. Surely LL lawyers could do
> better in
> > cooperation with OpenSim core devs (which I am not one).
> > 
> > -- 
> > Software Engineer
> > http://www.3di.jp
> > 
> > The opinions expressed herein represent those of the individual, and
> do
> > not constitute company policy unless expressly stated.
> > 
> > _______________________________________________
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-- 
Software Engineer
http://www.3di.jp

The opinions expressed herein represent those of the individual, and do
not constitute company policy unless expressly stated.




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