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Subject: Re: t Toga II 0.94 -

Author: Jonas Cohonas

Date: 02:33:02 05/17/05

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On May 17, 2005 at 04:37:06, Roman Hartmann wrote:

>On May 16, 2005 at 18:42:33, Jonas Cohonas wrote:
>
>>On May 16, 2005 at 17:19:44, Roman Hartmann wrote:
>>
>>>On May 16, 2005 at 16:58:21, Jonas Cohonas wrote:
>>>
>>>>On May 16, 2005 at 15:25:31, Karl-Heinz Söntges wrote:
>>>>
>>>>>
>>>>>
>>>>>.......... at present private version !
>>>>>
>>>>>KHS
>>>>
>>>>With the GNU public license issues, how can a clone be held private?
>>>
>>>In fact you don't have to release the sources of a modified program copyrighted
>>>by the GPL as long as you don't release the derived work in any form.
>>
>>I was not referring to the source only the program, although i do have issues
>>with someone cloning another program and then "keeping it private", not that i
>>am particular eager to get my hands on it, but it seems disrespectful to the
>>author of Fruit, to treat Toga is if it is a private project, not to mention the
>>GNU public license.
>
>I agree that this behaviour is disrespectful but According to the GPL he has
>only to release the sources if he releases the program in some way but he
>doesn't have to release the program at all if he doesn't want to. That's odd but
>that's the GPL. This means he cannot release the binary without also releasing
>the sources too. But it also means no one can force him to release the program
>even if we know it exists and is based on a program copyrighted by the GPL.
>
>>Also isn't sending a version of derived work for someone to test considered a
>>release?
>
>I'm not sure about that as the testers can be considered some kind of closed
>community.

I would think the same if it was a commercial project or if the project was only
based indirectly on another program, but as it is a clone with few lines added
(few is considered relative here of course) i would find it very strange if the
GPL has not covered this scenario in favor of the original programmer. Seen in
light of Toga's arrival on the computer chess stage (where it was originally
passed off as original work) i think Fabien has been more than kind and patient
and the least the Toga author could do is _not_ to treat another persons hard
work as his own property.

An interesting point?... is the right to beta test not reserved the original
owner of a program, meaning that the only "beta testing" a cloner can do is by
submitting his derived work to the public? (i am no expert in GPL).

>>>But because he also released some game results of Fruit-Toga0.94 he might have
>>>to release it now in fact as the provided game results could be considered a
>>>'release' of the program in some way.
>>>
>>>Roman
>>
>>And why shouldn't he, regardless i mean?
>
>I have no idea. But I'm afraid we will see more behaviour like that in the
>future ...
>
>Roman

I just hope this hasn't scared off future releases from being open scource.



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