Re: [OctDev] GPL violations

[David B. <dba...@db...>]

Judd Storrs wrote:
> On Thu, Aug 26, 2010 at 4:50 PM, David Bateman <dba...@db...>wrote:
>
>   
>> The author of this package has been approached in the past about the
>> compatibility of his code with the GPL and he had no desire to change his
>> license or allow distribution.
>>
>>     
>
> That is unfortunate. Clearly, the author of the library explicitly does not
> want his code used in octave.
>   
> Now that we've confirmed than use of the MEX interface with non-free
>   
>> software is legitimate with Octave, a MEX interface can be written. If the
>> MEX interface itself is under an open-source license and GPC itself isn't on
>> octave-forge I don't see why the GPC package can't stay. But again I'd also
>> be happy enough to see it go.
>>
>>     
>
> That's an interesting approach. I really hate it though, because it ends up
> doing exactly the same thing (enabling use of non-free software in octave)
> but now also benefits the Mathworks.
To me it makes sense to have to option of writing non GPLed code for 
Octave for those that have restrictions from their employers that 
constrain them from from releasing certain code to the general public 
and then allows these same employees to work with Octave and contribute 
back to it with other code that the boss doesn't consider in this same 
light. So Octave can win from this situation, but yes I agree that its 
shame that Mathworks also profits from this.

>  Well, if someone want's to do this
> maybe the MEX interface here can help:
>
> http://www.mathworks.com/matlabcentral/fileexchange/8818-polygon-clipper
>
> I have no idea if it works in octave or if the functionality there is
> equivalent.
>   
Please be aware in the change in the ToS of mathcentral a while back, 
matlab attempts to make the following changes

1) Forces a BSD license on the code there, and
2) Makes it impossible to use code downloaded from there with products 
other than matlab.

See the threads (to which you contributed)

http://octave.1599824.n4.nabble.com/Mathworks-hosting-GPL-d-software-td1635668.html

and

http://octave.1599824.n4.nabble.com/Mathworks-hosted-GPL-d-software-td1638533i40.html

where it is stated that we have no idea if there is a legal basis for 
such a change, but that we shouldn't assume that it does. If you want to 
use this code the contact the author directly rather than downloading it 
from mathcentral.
>  spline-gcvspl :: http://octave.sourceforge.net/spline-gcvspl/index.html
>   
>>>  Well as this software was written in the late eighties when strange
>>>       
>> non-commercial licenses were the norm, the license issue here is normal.
>> Unfortunately, when the author was approached a few years back it turned out
>> that he was dead, and no attempts to contact his next of kin were made.
>>     
>
>
> Also unfortunate. Next of kin are probably irrelevant, though, as it seems
> to have been written while the author was an employee of Philips and
> probably represents work-for-hire.
>   
The copyright is explicitly in the name of H.J. Woltring with an address 
of "Philips medical systemss, Eindhoven", doesn't this make the 
Copyright be in the name of the author rather than Philips?

> Though as the code is copyrighted May 1986 in the Netherlands, a question to
>   
>> ask is how long is copyright in the netherlands? If its 25 years, then this
>> code becomes public in May next year any way.
>>     
>
>
> Maybe confusing copyright and patent durations? In the Netherlands,
> copyright extends 70 years after death (
> http://en.wikipedia.org/wiki/Dutch_copyright_law).
>   

Ok. In any case with good spline code in octave itself there is probably 
no reason to keep this code.

D.

>
> --judd
>
>   
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