BackupPC-users

Re: [BackupPC-users] Copyright protection

2016-05-19 21:17:58
Subject: Re: [BackupPC-users] Copyright protection
From: Mauro Condarelli <mc5686 AT mclink DOT it>
To: backuppc-users AT lists.sourceforge DOT net
Date: Fri, 20 May 2016 03:17:16 +0200
Sorry,
this is starting to get weird.

I, perhaps mistakenly, raised the question and I would like to bring it back to 
origins.

Il 20/05/2016 00:19, Les Mikesell ha scritto:
> Why not? If someone had a commercial device that needed a bit of
> proprietary code added to backuppc to access correctly, why would
> anyone be against allowing it to be linked into backuppc?  That would
> be the equivalent, say, of gluing a proprietary database client into a
> perl module which is a better example of the need for dual-licensing.
> Or even if someone created a much better user interface and packaged
> it as a product - why would that be a problem as long as the original
> still existed?
This is not possible.
BackupPC is GPL2.
If You link whatever to it, also that part falls unto the GPL and You *must* 
release the sources.
This has happened before (example coming to mind is the "spontaneous" 
contribution of
objective-c frontend to gcc sources, but that's not the only example).
Same for for the "much better user interface": if it's linked in then it falls 
under the GPL umbrella.
Things would have been different if original License would have ben LGPL, but 
that's not the case.
I admit the concept of "linking" in a language like Perl is a bit vague, but I 
think there are precedents.
Writing a different, independent, UI using only the published interfaces (i.e.: 
updating directly
the various config files) is a completely different story... and a completely 
different Project,
with a (possibly) completely different License.

----

Scenario I wanted to prevent is:
- someone makes a large (or simply critical) addition to BackupPC
- it gets committed and becomes integral part of BackupPC.
- sometime in the future contributor (or his employer) decides BackupPC cannot 
use
   anymore its "Intellectual Property" (which may extend beyond specific 
coding).
- BackupPC might remain crippled for a long time until someone finds a way 
around
   the mess.

I do not know if this scenario is likely to happen or not, I would like to 
understand
if it is at all *possible* and, if it is, how to prevent it (better safe then 
sorry).

I do agree flat transfer of copyright (CLA) solves the problem, but opens other,
potentially worse, scenarios.
Question is: is there someone who have a positive answer?
Please note this is a question for a lawyer.
It's well known that "rule of thumb" and "law" do not mix (that's true in all 
Countries,
not only in the States, who have a record on litigation).
Otherwise I propose to ask FSF for advise.

Regards
Mauro

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