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Hello Matthew,
Yes, I would appreciate an FLA in any case.
The case of the quota code is really a bit sad from my stand point.
First, we worked a good deal with you to modify for certain of our
specifications (thank you). Then when I asked UKFast for an FLA, they
never responded despite writing a number of times. In talking to them
personally when I visited the UKFast headquarters some time ago, I got
very evasive answers. I concluded (my own opinion) that perhaps they
didn't want the quota code to be used by other ISPs. In the end, the
code was never added to Bacula because it was substantial, and I could
not get a signed FLA. What a pity.
Interestingly enough, Bareos added it to their code base. They *could*
be doing a very big disservice to their users by adding it, because
someday UKFast could come to Bareos and their customers and ask for
royalties. I cannot do that to Bacula users. The ultimate is that
Bareos has accused me of withholding community contributions because
they were Enterprise only (and one of those is the quota code I
believe), while the real reasons that only rarely code is not accepted
are far more complicated (like making sure it is really free before
putting it in the code base).
You were probably unaware of much of the above, because you left UKFast.
Best regards,
Kern
On 31.01.2015 23:30, Matthew Ife wrote:
> I am the author of the contributed the quota code, the code is under the
> ownership of UKFast UK Ltd, for whom I no longer work for.
>
> I do not know what prior agreements you have with the company, or if it
> makes sense for me to sign anything. If it does I will send you back a
> signed copy.
>
> On Sat, 2015-01-31 at 18:26 +0100, Kern Sibbald wrote:
>> Hello,
>>
>> I don't usually as for help on these lists, because I feel I am here to
>> build something for you (Bacula) and serve you rather than the other way
>> around. If that intrigues you, please read on ...
>>
>> The first hearing for the Bacula Systems vs Bareos lawsuit is coming up
>> the 9th of February.
>>
>> I am sending this to everyone on the Bacula lists. You may not be a
>> developer or a contributor, but as a Bacula user you can still show your
>> support for the Bacula project by filling out and sending in (scan +
>> email) an FLA. The issues are described below -- basically Bareos, which
>> is without any legal standing is nevertheless attacking my and thus
>> Bacula Systems right to have a proprietary version of Bacula. If Bareos
>> wins, it may signal the end of the Bacula open source project as you
>> have known it for the last 15 years, because the major contributor to
>> the Bacula community version is Bacula Systems, and Bacula Systems
>> would no longer be in a position to contribute to the Bacula project.
>>
>> Please help the Bacula project by printing, signing, and sending the
>> attached FLA to me by post, or by scanning it and sending it by email
>> as an attachment (all pages, please).
>>
>> More details:
>>
>> Unfortunately since Bareos forked the Bacula code myself, Bacula, and
>> Bacula Systems have been challenged by a former Bacula developer who
>> says I misled him in signing the FLA as he did in May of 2010. He claims
>> that he did not know I intended to take Bacula into the Enterprise
>> market with proprietary code. Furthermore, he claims (with no real
>> basis, in my opinion) that I do not have FLAs from everyone who
>> contributed and that the project must start as a dual licensed project
>> (totally untrue). Note, Bacula Systems was formed in 2008, but dual
>> licensing only started in the 2011-2012 time frame.
>>
>> Concerning Bacula Systems having a proprietary version of Bacula, as you
>> probably know the FSFE, Bacula Systems and me representing the Bacula
>> community have recently (Sept 2013) signed an agreement where the
>> features developed by Bacula Systems for fee paying customers will be
>> migrated overtime into the community version (many are migrated in the
>> next community version). In fact, since 2008, Bacula Systems has been
>> by far the major contributor of code to the Bacula community version by
>> far. By creating Bacula Systems and signing the agreement with the FSFE,
>> I have found a way to ensure the sustainability of Bacula community from
>> fees paid for by enterprise clients that permit implementing new Bacula
>> Enterprise features that will flow back to the community version. For
>> me, this ensures a bright future for Bacula both in the Enterprise
>> market and in the community, and obviously I am very happy about it.
>>
>> All my plans for the future of Bacula could go up in smoke
>> because according to Bareos and this former Bacula developer, in May of
>> 2010 when I solicited a number of FLAs, I was not
>> explicit enough in saying that Bacula Systems could develop a
>> proprietary version. Obviously I believe this is ridiculous. I would be
>> surprised, but if you believe that I mislead you or the community at any
>> time, I am very sorry, and I would appreciate it if you would tell me
>> what you think.
>>
>> For the above reasons, we are asking everyone who contributed to sign an
>> FLA, otherwise, because of Bareos and this former developer we may be
>> required to remove or rewrite contributions for which we do not have a
>> more current FLA.
>>
>> For the future of Bacula, I would really appreciate it if you would fill
>> out, sign, and send the new FLA version 7.0, attached to this email, to
>> me by post or scanned copy. This will ensure that I hold a clear and
>> valid copyright for everything and that Bacula and Bacula Systems can
>> continue to grow. This request is very unusual, but your participation
>> would be a very nice vote of confidence. In addition, if you have ever
>> contributed anything -- even something very small where we do not
>> usually require an FLA, it would be even a more significant help to the
>> Bacula project.
>>
>> Being a programmer myself, I know that this administration stuff is
>> unpleasant.
>>
>> If you have questions see below ...
>>
>> Thank you for your contribution(s) to and/or support for the Bacula
project.
>>
>> Best regards,
>> Kern
>> Bacula Project Manager
>>
>> Q: I don't understand the FLA.
>> A: Yes, it has a number of technical points and lots of words to make
>> sure there is no problems due to different laws in different countries,
>> and to avoid problems of possible multiple versions. The basic points
>> for the Bacula project are:
>>
>> 1. You wrote some code/documentation/other and you contributed it to
>> the Bacula project.
>> 2. In order for the Bacula project and Bacula Systems to be able to
>> use the code, you assign the copyright to me (Kern Sibbald).
>> 3. I then give back to you a license to use your code as you want.
>> 4. Bottom line, we can both legally use the code.
>>
>> Q: I already signed an FLA is this one necessary?
>> A: Yes, more than ever, because it shows your support for Bacula and me,
>> and without it I may need to re-write your contribution, which would be
>> a set back for the community.
>>
>> Q: I already signed one with the Free Software Foundation Europe (FSFE),
>> won't signing this one be a conflict?
>> A: The attached FLA is written to permit signing both agreements without
>> conflict.
>>
>> Q: I don't think my contribution is important enough to warrant an FLA.
>> A: Strictly speaking if you contributed only a couple lines or a simple
>> fix, that is probably true, but I have learned that with legal matters
>> it is better to be safe than sorry, and more than anything else, it
>> shows your support and solidarity with Bacula and myself.
>>
>> Q: I am too busy.
>> A: Yes, I understand that. I am too busy to hassle you for this, but I
>> am doing it to cover all bases possible to keep the community and Bacula
>> Systems working to continue to develop and improve Bacula even when I
>> retire from the project.
>>
>> Q: I don't have a scanner.
>> A: Please send it by post, or take a pictures of all the pages with your
>> mobile telephone (or camera) and email them to me.
>>
>>
>>
>>
>>
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Dive into the World of Parallel Programming. The Go Parallel Website,
sponsored by Intel and developed in partnership with Slashdot Media, is your
hub for all things parallel software development, from weekly thought
leadership blogs to news, videos, case studies, tutorials and more. Take a
look and join the conversation now. http://goparallel.sourceforge.net/
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