I'm toying with the idea of packaging gjukebox in debian, however debian do not accept software unless it is 'Free' to their satisfaction. While looking at the licenses attached to the source files, I found something very worrying in programs.php
article 7 of programs.php's license states "The software cannot be redistributed or used for commercial purposes without a license from MpegTV, LLC <http://www.xaudio.com/>" . This is non-free even by the lenient guidelines of the OSI.
What I'm wondering is if anyone knew whether this is merely an oversight, or if is there some IP reason why programs.php is not licensed the same way as gjukebox?
If so, it may be possible to clean-room reverse-engineer a replacement for MpegTV's code. I'm already contaminated, so can do the documentation step, but someone who's never looked at programs.php would have to do the implementation step.
More generally, to relicense gjukebox to a DFSG-free license would require the consent of everyone who has ever contributed source code.
The key items that need to change to make it DFSG free are the removal of articles 3, 4, and 6 (All advertising materials mentioning features or use of this software must display the following acknowledgment: "This product includes software developed by GlobeCom GCAB AB <http://www.globecom.net/> for use in GlobeCom Jukebox."; The names "GlobeCom Jukebox" and "GlobeCom" must not be used to endorse or promote products derived from this software without prior written permission. For written permission, please contact hpj@globecom.net. ; Redistributions of any form whatsoever must retain the following acknowledgment: "This product includes software developed by GlobeCom GCAB AB <http://www.globecom.net/> for use in GlobeCom Jukebox."
Removing article 5 (Products derived from this software may not be called "GlobeCom Jukebox" nor may "GlobeCom" appear in their names without prior written permission of the GlobeCom GCAB AB.) would make gjukebox GPL-compatible. The second clause in article 5 may be non-free as far as DFSG is concerned, but IANAL, IANADD.
My question to anyone that has contributed to gjukebox is how would you feel about relicensing your code in this manner? (I would like to stress to globecom that removing requirements 4 and 5 does not prevent you from protecting your trademark - a note in the preamble of the license along the lines of ' "Globecom" and "Globecom Jukebox" are trademarks of GlobeCom GCAB AB. Use of these phrases to endorse or promote products derived from this software may be met with legal action' would have the same effect, while making the license DFSG free (as free licenses only address copyright, and not trademark or patent law)).
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First of all regarding the point 7 above is an oversight from way back when their MP3 playing library was used. The license that is the one you should look at is the LICENSE. If the others say something else it's wrong.
When I wrote this license I simply pretty much copied it from the Apache license at the time becuase I thought that was pretty free. I no longer own the rights to this code myself though for GlobeCom:s case, they were bought out from the bancruptsy of GlobeCom by Nicklas Sundler <ns@globecom.se> together with all other nonmaterial rights in GlobeCom, I think he is the guy you need to talk to about making this change. I will ask him if he is ok with it. I would be very surprised if any of the other contributors had any problems with it since non of them has any affiliation with GlobeCom except me.
/Mauritz
Quest Software (former GlobeCom)
If you would like to refer to this comment somewhere else in this project, copy and paste the following link:
I'm toying with the idea of packaging gjukebox in debian, however debian do not accept software unless it is 'Free' to their satisfaction. While looking at the licenses attached to the source files, I found something very worrying in programs.php
article 7 of programs.php's license states "The software cannot be redistributed or used for commercial purposes without a license from MpegTV, LLC <http://www.xaudio.com/>" . This is non-free even by the lenient guidelines of the OSI.
What I'm wondering is if anyone knew whether this is merely an oversight, or if is there some IP reason why programs.php is not licensed the same way as gjukebox?
If so, it may be possible to clean-room reverse-engineer a replacement for MpegTV's code. I'm already contaminated, so can do the documentation step, but someone who's never looked at programs.php would have to do the implementation step.
More generally, to relicense gjukebox to a DFSG-free license would require the consent of everyone who has ever contributed source code.
The key items that need to change to make it DFSG free are the removal of articles 3, 4, and 6 (All advertising materials mentioning features or use of this software must display the following acknowledgment: "This product includes software developed by GlobeCom GCAB AB <http://www.globecom.net/> for use in GlobeCom Jukebox."; The names "GlobeCom Jukebox" and "GlobeCom" must not be used to endorse or promote products derived from this software without prior written permission. For written permission, please contact hpj@globecom.net. ; Redistributions of any form whatsoever must retain the following acknowledgment: "This product includes software developed by GlobeCom GCAB AB <http://www.globecom.net/> for use in GlobeCom Jukebox."
Removing article 5 (Products derived from this software may not be called "GlobeCom Jukebox" nor may "GlobeCom" appear in their names without prior written permission of the GlobeCom GCAB AB.) would make gjukebox GPL-compatible. The second clause in article 5 may be non-free as far as DFSG is concerned, but IANAL, IANADD.
My question to anyone that has contributed to gjukebox is how would you feel about relicensing your code in this manner? (I would like to stress to globecom that removing requirements 4 and 5 does not prevent you from protecting your trademark - a note in the preamble of the license along the lines of ' "Globecom" and "Globecom Jukebox" are trademarks of GlobeCom GCAB AB. Use of these phrases to endorse or promote products derived from this software may be met with legal action' would have the same effect, while making the license DFSG free (as free licenses only address copyright, and not trademark or patent law)).
First of all regarding the point 7 above is an oversight from way back when their MP3 playing library was used. The license that is the one you should look at is the LICENSE. If the others say something else it's wrong.
When I wrote this license I simply pretty much copied it from the Apache license at the time becuase I thought that was pretty free. I no longer own the rights to this code myself though for GlobeCom:s case, they were bought out from the bancruptsy of GlobeCom by Nicklas Sundler <ns@globecom.se> together with all other nonmaterial rights in GlobeCom, I think he is the guy you need to talk to about making this change. I will ask him if he is ok with it. I would be very surprised if any of the other contributors had any problems with it since non of them has any affiliation with GlobeCom except me.
/Mauritz
Quest Software (former GlobeCom)