Re: [OctDev] Use of MATLAB Central (was Re: GPL violations)

[Judd S. <js...@gm...>]

On Sun, Sep 5, 2010 at 4:36 PM, c. <car...@gm...> wrote:
>
> I beleive this was done to comply with the new TMW ToS, but, as the
> uploader of the package is NOT the copyright holder,
> This is clearly in violation of the terms of GPL.
>

Unfortunately, my understanding is that only DM Splink (or his estate/or
someone who can demonstrate that they have legally obtained copyrights to
the work) has any actual power to enforce the copyrights to this source.
 Since none of us are copyright holders all any of us can hope to do is
contact Paul Zhang and ask for an explanation, notify DM Splink of our
suspicions, and contact Mathworks and see if they want to do something about
this.

It is not 100% clear cut that the GPL has been violated in this case
(although it seems extremely likely). It is possible that DM Splink has
distributed the source under the BSD license through other channels that we
are not aware of--for instance it is possible that Paul Zhang was able to
contacted DM Splink and obtained the source with a new license. However, the
accompanying text seems to indicate that Zhang simply changed the license to
the files because he was inconvenienced by the Mathworks change in license
policy.

If DM Splink cannot be contacted, the only other possibility would be if the
NURBS code incorporates other GPL works. This would prevent DM Splink from
distribute those components of the code under the BSD license. If that is
the case the copyright holders of the GPL components should be contacted.

This sort of mess is one of the reasons the FSF generally insists on
copyright transfer to the foundation for its works.


--judd