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PUBLIC NOTICE: atscap and pchdtvr GPL revoked |
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 Posted: Fri Jan 25, 2008 1:31 pm |
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| inkling |
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| Joined: 05 Feb 2004 |
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http://sourceforge.net/developer/diary.php?diary_id=26407&diary_user=147583
Full text follows:
Date: 2008-01-11 14:45
Subject: PUBLIC NOTICE: atscap and pchdtvr GPL revoked
I have revoked the licensing under the GNU General Public License (herein after referred to as "the GPL") for the atscap version 1.1 codebase, all prior versions of the atscap codebase and all the various release candidates of the atscap codebase.
I have also revoked the licensing under the GPL for the pchdtvr version 1.0 codebase, all prior versions of the pchdtvr codebase and all release candidates of the pchdtvr codebase, including all of the various interim pchdtvr versions after version 1.0 and before the name was changed to atscap.
As sole author of both the atscap and the pchdtvr codebases, the licenses under the GPL were granted at my sole discretion and the licenses under the GPL are now hereby revoked at my sole discretion.
I am removing the atscap and the pchdtvr codebase packages from all public and private distribution by asserting my rights to control the usage and distribution of my own creations as specified by the Copyright Laws of the United States of America and the Protocols of the Berne Convention for the Protection of Literary and Artistic Works.
The following files in the atscap distribution are affected:
atscap.c
atscut.c
xtscut.c
xsig.c
common.h
xtc_signals.c
btfd.sh
mpeg.sh
xtc.sh
get-samples.sh
atscap.1.gz
atscut.1.gz
xtscut.1.gz
atscap_conf.5.gz
atscap.README.gz
atscap.CHANGELOG.gz
atscap.FEATURES.gz
atscap.NEWS.gz
TODO
Makefile
and any binaries, executables, or text files that have been compiled or installed, by action of the user or the Makefile or any other method, that originated from the above listed files.
The following files in the atscap distribution are NOT affected:
xtc_libvo.c
video_out.h
ingo-fifo.txt
rxsock.c
rzloop.c
The following files in the pchdtvr distribution are affected:
pchdtvr.c
atscut.c
xtscut.c
xsig.c
atscap.FEATURES
pchdtvr.FEATURES
pchdtvr.0.conf.sample
and any binaries, executables or text files that have been compiled or installed, by action of the user or the Makefile or any other method, that originated from the above listed files.
The following files in the pchdtvr distribution are NOT affected:
ingo-fifo.txt
rxsock.c
If you are currently using the atscap or pchdtvr packages, or any part thereof, it is in your best interest to remove the software from your systems and destroy all copies in your possession.
If you have incorporated the atscap or pchdtvr codebase, or any part thereof, into any of your projects, it is in your best interest to remove any and all of my code from your projects.
If you are currently distributing the atscap or pchdtvr packages, or any part thereof, it is in your best interest to destroy all copies in your possession and notify all recipients of either the atscap or pchdtvr packages, or any part thereof, that the licensing under the GPL for both packages has been revoked by the author.
PUBLIC NOTICE: atscap and pchdtvr GPL revoked 2008-01-11 14:45 |
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Re: PUBLIC NOTICE: atscap and pchdtvr GPL revoked |
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| Posted: Fri Jan 25, 2008 3:27 pm |
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| gpl-info |
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| Joined: 25 Jan 2008 |
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| inkling wrote: | Date: 2008-01-11 14:45
Subject: PUBLIC NOTICE: atscap and pchdtvr GPL revoked
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Anyone (inkling included) care to elaborate as to the back story for why this occurred? |
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Re: PUBLIC NOTICE: atscap and pchdtvr GPL revoked |
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| Posted: Fri Jan 25, 2008 3:32 pm |
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| gpl-info |
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| inkling wrote: | Date: 2008-01-11 14:45
Subject: PUBLIC NOTICE: atscap and pchdtvr GPL revoked
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Also, before everyone goes running off deleting their copies of atscap/pchdtvr, note that the copies that have already been distrubuted can not have their GPL licencing revoked, so they remain forever available, and legal, to have and use.
Note from the FSF's FAQ re the GPL:
http://www.fsf.org/licensing/licenses/gpl-faq.html#CanDeveloperThirdParty
Can the developer of a program who distributed it under the GPL later license it to another party for exclusive use?
No, because the public already has the right to use the program under the GPL, and this right cannot be withdrawn.
So, does anyone have a copy of the last distributed versions of pcdhtvr and atscap that were licenced under the GPL? If so, 1) don't delete it, and 2) it should be placed somewhere that the public can continue to obtain copies of it. |
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Re: PUBLIC NOTICE: atscap and pchdtvr GPL revoked |
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| Posted: Sat Jan 26, 2008 1:15 am |
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| kalessin |
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| Joined: 26 Jan 2008 |
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| inkling wrote: | http://sourceforge.net/developer/diary.php?diary_id=26407&diary_user=147583
and any binaries, executables, or text files that have been compiled or installed, by action of the user or the Makefile or any other method, that originated from the above listed files.
14:45 |
Ferengi Rule of Acquisition #17: A contract is a contract is a contract. (And the GPL is a contract.)
Joking aside, the GPL is legally binding-- period. This has been confirmed by several courts in different countries. You have therefore granted in the past the permanent(!), non-revocable(!!) rights to use, modify and/or redistribute the software. You cannot revoke these rights, which is the centre piece of the 'copy left' principle and the whole point of the General Public License.
Long story cut short: you can change the licensing terms of future releases (and withdraw the current release to re-release it under non-GPL terms). But you cannot invalidate the users' rights to the releases you have already made, and if some people decide to even continue development based on the last GPL release, there is nothing you can do about it. Nada. Zip. You should have thought about this implication when choosing the GPL, although this is essentially the same with any open source license.
Please note that no part of copyright law enables you to revoke an existing license contract anyway (regardless which one), safe the licensee breaking the contract's terms. If I bought a copy of Microsoft Windows (apparently non-GPL) and adhere to the licensing terms, Microsoft cannot decide a few months later to 'revoke' my license. This is simply not possible, but actually this is what you are trying to do.
Regards,
Kalessin |
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You have no right |
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| Posted: Sat Jan 26, 2008 6:50 am |
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| Kerensky |
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1. You do not have the right to do this because you have distributed it to people. There is no right under law or under the GPL to revoke the license. It's out there now too late.
2. Your program links against libmpeg2, amongst other things. libmpeg2 is under the (full, not L) GPL, you CANNOT close your code, it is now beyond your control.
Sorry, but this action is silly, not based in law, and is probably the quickest way to make sure it'll be distributed absolutely everywhere, Now if that was the plan all along... |
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Re: PUBLIC NOTICE: atscap and pchdtvr GPL revoked |
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| Posted: Sat Jan 26, 2008 6:52 am |
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| Kerensky |
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| Joined: 26 Jan 2008 |
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| kalessin wrote: |
Long story cut short: you can change the licensing terms of future releases (and withdraw the current release to re-release it under non-GPL terms).
...
Regards,
Kalessin |
Not this time, not with the links to a GPL library, I'm not sure how it would affect future releases, if the link was removed, but for now I'm afraid it's a derivative work of libmpeg2 |
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Re: PUBLIC NOTICE: atscap and pchdtvr GPL revoked |
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| Posted: Sat Jan 26, 2008 7:32 am |
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| kalessin |
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| Kerensky wrote: | | kalessin wrote: |
Long story cut short: you can change the licensing terms of future releases (and withdraw the current release to re-release it under non-GPL terms).
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Not this time, not with the links to a GPL library, I'm not sure how it would affect future releases, if the link was removed, but for now I'm afraid it's a derivative work of libmpeg2 |
Of course, if source code changes (partial rewrite etc.) are necessary to comply with another software's license, these would have to be done. But I was speaking about principle: in principle, future versions can be released under different terms (or not at all, at that), as long as all copyright holders agree (if there is only one, that's easy, of course).
But it is absolutely impossible to "revoke" an unlimited license once given. This is not possible even "in principle", which was my whole point.
Kalessin |
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Re: PUBLIC NOTICE: atscap and pchdtvr GPL revoked |
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| Posted: Sat Jan 26, 2008 7:47 am |
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| Kerensky |
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| kalessin wrote: |
But it is absolutely impossible to "revoke" an unlimited license once given. This is not possible even "in principle", which was my whole point.
Kalessin |
Couldn't agree more old chap, this move from "inkling" is flawed in both principle and practice 
I think perhaps we could also add that it's flawed in execution as (s)he makes a variety of veiled threats and names (irrelevant) US and international laws. |
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Re: PUBLIC NOTICE: atscap and pchdtvr GPL revoked |
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| Posted: Sat Jan 26, 2008 1:03 pm |
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| xyzzy |
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| Kerensky wrote: | | Not this time, not with the links to a GPL library, I'm not sure how it would affect future releases, if the link was removed, but for now I'm afraid it's a derivative work of libmpeg2 |
AFAIK, only a compiled binary with libmpeg2 statically linked in would be considered a derived work. Just the source to pchdtvr, without the libmpeg2 source of course, wouldn't be a derived work. |
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Re: PUBLIC NOTICE: atscap and pchdtvr GPL revoked |
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| Posted: Sun Jan 27, 2008 7:26 am |
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| gpl-info |
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| inkling wrote: | http://sourceforge.net/developer/diary.php?diary_id=26407&diary_user=147583
Full text follows:
Date: 2008-01-11 14:45
Subject: PUBLIC NOTICE: atscap and pchdtvr GPL revoked
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The story of the author's actions has made Slashdot. The comments contain several links to the gpl released version of atscap.
http://yro.slashdot.org/article.pl?sid=08/01/26/0341210 |
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Re: PUBLIC NOTICE: atscap and pchdtvr GPL revoked |
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| Posted: Sun Jan 27, 2008 7:37 am |
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| gpl-info |
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Because of the author's illegal attempt to revoke the GPL on previously released copies of atscap, the Slashdot discussion has resulted in a new GPL fork of atscap being released on sourceforge:
http://sourceforge.net/projects/atscap-gpl/
The GPL specifically forbids revocation of the freedoms granted in clause 4:
4. You may not copy, modify, sublicense, or distribute the Program except as expressly provided under this License. Any attempt otherwise to copy, modify, sublicense or distribute the Program is void, and will automatically terminate your rights under this License. However, parties who have received copies, or rights, from you under this License will not have their licenses terminated so long as such parties remain in full compliance.
(this quote is from the GPL LICENCE file distributed with atscap)
The copy of atscap that is presently being forked to become the sourceforge seed is a couple months old. If anyone has a copy of a later revision or better yet the latest GPL copy from just before the author's illegal attempt to revoke the licence, they should contact the Sourceforge project maintainer and give the new project a copy of that version as well. |
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Re: PUBLIC NOTICE: atscap and pchdtvr GPL revoked |
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| Posted: Sun Jan 27, 2008 2:41 pm |
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| gpl-info |
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| Posted: Sun Jan 27, 2008 3:33 pm |
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| BGD |
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This has created more traffic on this forum that it has seen in MONTHS! lol
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Re: PUBLIC NOTICE: atscap and pchdtvr GPL revoked |
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| Posted: Mon Jan 28, 2008 6:15 am |
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| Kerensky |
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| Joined: 26 Jan 2008 |
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| xyzzy wrote: |
AFAIK, only a compiled binary with libmpeg2 statically linked in would be considered a derived work. Just the source to pchdtvr, without the libmpeg2 source of course, wouldn't be a derived work. |
Not true. The LGPL exists specifically for this reason, so authors can allow dynamic linking by non GPL code.
The full GPL, under which libmpeg2 is published, requires the GPL to be applied to any code which links to it. |
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