Re: Including the GPL in GPL code (Re: IETF and open source license compatibility)

[Thierry Moreau <[e-mail]>]

Harald Alvestrand wrote:

> Simon,
> 
> the example is at http://counter.li.org/scripts/machine-update. Take a 
> look.
> 
> There is a single file that contains both the program source and the GPL.
> I want to release this under the GPL.
> 
> Now, I have three possible interpretations:
> 
> 1 - The words of the GPL that say "Everyone is permitted to copy and 
> distribute verbatim copies of this license document, but changing it is 
> not allowed." don't really apply in this case.
> 2 - The words of the GPL that say "You may modify your copy or copies of 
> the Program or any portion of it, thus forming a work based on the 
> Program, and copy and distribute such modifications or work under the 
> terms of Section 1 above" don't apply to modifications of the portion of 
> the Program that is the GPL
> 3 - I'm breaking the GPL
> 
> Now, with your extensive knowledge of what the GPL means for included 
> text .... which is it?
> 

4 - The contradiction in licensing terms turns the work licensed by its 
own terms, that are not exactly those of the GPL. Furthermore, the 
original copyright holder breached the GPL *text* copyright. He did not 
breached the GPL itself since he is the original author of the work. The 
intent of the original copyright holder is clear however, despite a 
minor glith in document distribution. Simon and I and anyone else who 
whish to create derivative works under the GPL can fix it, and not carry 
forward the contradiction in licensing terms (the Harald intent above is 
not clear, the referenced work is not his work, and it is already released).

Anyway, Harald highlighted a corner case in GPL licensing that creates 
some inconvenience (can't put GPL text in GPL'ed work, it must remain 
meta-data). IETF as a *document* editor is expected to use licensing 
terms that reasonably fits its purpose. The audience lobbyed by Simon 
should just live by inconvenience created by IETF licensing terms (no 
RFC text in GPL'ed software beyond fair use - it must remain as separate 
documentation). Routine open software distribution abide by these rules.

Please preserve the integrity of IETF rules addressing the needs of a 
broader and a more diversified audience than the one lobbied by Simon.

Regards,

-- 

- Thierry Moreau