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[LUG] Recovering from when free software loses its way




http://www.dclug.org.uk/archive/2004/09/msg00046.html

Back in September, Robin complained about the behaviour of a developer who 
took a project out of a quasi-open source licence (the Aladdin Free Public 
Licence which is neither OSI or GNU accredited but which does require the 
publication of the source code) and into a full EULA, Microsoft style. The 
licence for version 4 (the only version currently available direct from the 
main developer) states:
"Licensor hereby grants to You a personal, royalty-free,
nonsublicensable, nontransferable, nonexclusive license to use the Product. 
You agree not to reproduce or distribute any portion of the Product or any 
work that incorporates any portion of the Product in source code or 
executable form without the express written consent of the Licensor."

This made Robin understandably angry as he had contributed to this project but 
was unwilling to publicly name the project at that time.

Several things then happened:

1. I and others on the list investigated the various options for Robin (the 
discussion is in the archive).

2. Off-list, I dug around in the Google cache and found the project still 
being hosted on Berlios - a site akin to SourceForge but which allows 
proprietary and non-standard licences like Aladdin. Quick as a flash, I 
downloaded every version that I could find.
;-)

3. I inspected the licences for each version - v3.0, v3.1, v3.2 and v3.3 were 
all under the Aladdin Free Public Licence. This licence states:
" This License attempts to ensure that those who receive, redistribute, and 
contribute to the licensed Program according to the Open Source and Free 
Software philosophies have the right to do so, 

(a) You may copy and distribute literal (i.e., verbatim) copies of the 
Program's source code as you receive it throughout the world, in any medium. 
(b) You may modify the Program, create works based on the Program and 
distribute copies of such throughout the world, in any medium. "

v4 was the first to have the restrictive licence.

4. After discussions with Robin, we decided to keep copies of all releases 
covered by the Aladdin licence on our own systems, pending further activity 
by the admin for the project on Berlios.

5. Surprise, surprise, I happened to check back to Berlios a few days ago and 
found that ALL the files had been removed - the project was essentially dead 
and no code was left to download from Berlios, of any version, nor from any 
other site that I could find - except the site for the v4 code. He didn't 
break the licence because he stopped distributing the old version of the 
program and the source code together. Anyone wanting to develop on a project 
that was until recently listing the source code openly, now has to pay a 
significant fee to one developer.

6. Feeling bereft, I took another VERY close look at the licence. Nothing in 
the Aladdin Free Public Licence prevented me from re-distributing the code 
that I had already downloaded from a legitimate source under a legitimate 
licence. (Prompt action was the key here.)

7. RESULT! I've nothing to hide so here are the details!
The project is called FEMM - Finite Element Method Magnetics and I decided to 
host all legitimate versions on my own site:
http://femm.neil.williamsleesmill.me.uk/

Although the project itself is unlikely to be of interest, the story shows 
that once a piece of source code is published under an open licence - even 
one that is not particularly compatible or even recognised as properly open 
source (let alone as free software) - the code remains covered by that 
licence and the provisions within, even if subsequent versions change to a 
different licence.

In effect, I've decided to fork the FEMM project and as soon as anyone has 
time to do anything with it, it can be hosted on Berlios again and there will 
be nothing anyone can do to prevent this - I am doing what is explicitly 
allowed by the licence for the source code in question.

The story also illustrates the power of authorship - the original developer 
chose the Aladdin Free Public Licence. I am unable to change the licence to 
the GNU GPL because this would need the permission of that developer (as well 
as all the others but this would be much easier as other parts of the program 
are already public domain). However, his choice of Aladdin has had powerful 
repercussions for his future releases. The Aladdin licence for the older 
versions cannot be repealed. It was in force when I downloaded the code and 
it remains in force for that version of the code until it can be shown in 
court to be invalid.

So whilst it is not likely to be free software, the project is no longer lost 
to the community.

A small but important victory.

Of course it would be better if the licence could be changed to GNU GPL and if 
this becomes possible I will do so immediately, but for now, at least the 
program and the full source code prior to v4 is still available.

It's also important to note that I have no direct involvement in the FEMM 
project, I haven't contributed code and nothing in the project itself is 
copyrighted to me. Anyone could have done this and anyone is free to download 
the files and host them on any other website anywhere, as long as the Aladdin 
Free Public Licence is retained within the downloadable code and no fee is 
charged for downloading (one of the stranger features of the Aladdin 
licence).

-- 

Neil Williams
=============
http://www.codehelp.co.uk/
http://www.dclug.org.uk/
http://www.isbn.org.uk/
http://sourceforge.net/projects/isbnsearch/

http://www.biglumber.com/x/web?qs=0x8801094A28BCB3E3

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