On 23/05/14 16:41, Kern Sibbald wrote:
> Hello Alain,
>
> I am in the final stages of preparing for a vacation beginning early
> tomorrow, so I will get back to you on this next week when I am back.
> Thanks for the references to the German legal cases, I will read them
> all (really).
>
> One thing I will say is: Bareos believes and has requested the court to
> order:
>
>    GPL == any modifications or additions *must* be made public.

This is true under 2 conditions

1: You are not the original software author
_and_
2: You are distributing the software to third parties.

Both conditions must be met.

As the original author you have full freedoms to redistribute under  any 
license you see fit and it is perfectly legal/normal to have multiple 
licensing models, even for the same software.

EG MySQL (pre-Oracle days)

GPL for free use

Normal copyright, no redistribution, custom binaries supplied for paid 
support



The original MySQL people are now at mariadb.org and may be able to 
assist with your case


Copyright law is very powerful, giving an author a lot of control over 
his output _and_ over derived works. Stripping attributions and claiming 
original authorship is something that steps into criminal ranges (fraud) 
when money is involved.

Anyone seeking to challenge a copyright would need to have very deep 
pockets, an in-depth knowledge of the law and a very solid case.

My feeling is that Bareos fail on all three counts, as a competent 
lawyer should have told them to settle the case quickly - assuming 
Bareos haven't withheld facts, which would give the lawyer grounds to 
withdraw as soon as he became aware of that issue.






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