On 10 Aug 2009, at 02:43, Andy Smith <a...@strugglers.net> wrote: > Hi James, > > On Sun, Aug 09, 2009 at 08:03:14PM +0100, James Milligan wrote: >> Just a quick update for y'all (I've also turned American!) >> >> I've been in touch with the PL, and essentially he's saying that >> there >> is now no license, nor was there ever one (I still need to confirm >> this, >> but I'm not too fussed as you'll see in a second) > > What you've posted previously does look like a license, and if you > received the software under that license then I believe that's what > you can abide by regardless of what he says now. > > However.. > >> He is also defiant on one point - he is not going to restart the >> project. The only way he would let the project come back alive, is if >> someone pays him so that they can take over. > > ...if he doesn't want the project to continue then I can imagine a > few ways he can make your life hard. Obviously he can claim that > you aren't one of the developers and therefore you can't assume or > grant the extra rights required to modify the software. He'd have > to prove it of course, but do you really need this hassle? > > Think about what happens if he goes quiet and you do a lot of extra > work on this software, to the point where it actually becomes > commercially viable (again?). What stops him then taking control > back again? You can't license your new work under any open source > license because it is derivative of something which definitely is > not an open source license. It could get really messy. > >> Not only is this annoying, it's a bit off if you ask me. He did, >> fairly, >> develop most of the software - so I see where he is coming from, but >> others have since added to it etc, they wouldn't be getting a share >> of >> the profits. > > But none of the people who have contributed to it seem to have ever > discussed the license under which their work was being included, or > whether copyright was being assigned. So that was a bit naive of > them. > >> I have, however, offered him a small offer (£50)in the meantime to >> take >> it over - I won't believe it if he refuses, as he's not going to >> get any >> other offers, nor is it really worth that much. It's more for the >> benefit of the users that I'm paying. >> >> I haven't heard back yet RE my offer, but I'll let you know what >> happens. > > Personally if I were going to go this way then I'd need him to > provide a written, signed statement that the entire project is to be > relicensed under some open source license. Even then you may have > issues with the indeterminate licensing of the things other people > have contributed. > > He's probably not going to go for that, but without it I don't see > how you can be confident about future development. > > Finally, also bear in mind that this is a publicly archived mailing > list and things posted here by you or others might end up being > mentioned in any dispute. > > This is not legal advice etc... > > Cheers, > Andy > > -- > http://bitfolk.com/ -- No-nonsense VPS hosting > > You dont have to be illiterate to use the Internet, but it help's. > -- Mike Bristow
Thanks for your reply Andy He's now decided not to charge me, as I'll be forking out for new domains and hosting anyway (well not hosting but that's another story) The last email I sent was discussing the license so I'm waiting for a reply on that one. I'm keen to relicense it asap -as we're not all lawyers you probably won't want to comment but if I was to relicense it all from the off, would that be it as far as we're concerned? He has effectively said that I'm in control now, so it's kind of all up to me how I proceed but I wouldn't mind some general advice on the implications of relicensing a non-open source project -if there's a page on the Internet then I'd be most welcome! I'll also email the fsf in the meantime. Sorry for all the doom and gloom I've brought upon you all over the past couple of days - hopefully I'll get the project turned around and back up to what it used to be like again, then we can be happy that it didn't just die :-) James Milligan -- ubuntu-uk@lists.ubuntu.com https://lists.ubuntu.com/mailman/listinfo/ubuntu-uk https://wiki.ubuntu.com/UKTeam/
