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Evolution Bounty Stirs GPL Concerns

Moochman writes "The recent Desktop Integration Bounty (funded by Novell) will surely please people who want Evolution to be part of GNOME. But the Ximian Evolution copyright assignment has stirred up concerns in the community about whether contributors will be able to maintain their Free Software mores. Essentially, contributors to Evolution must give Novell copyright over any code they submit; then Novell is allowed to include this code in a proprietary product. Is this a smart business move, or a violation of the GPL?" Since all contributions are only at the request of the contributing coder, and considering that the copyright assignment form says that "Ximian agrees to grant back to Developer, and does hereby grant, nonexclusive, royaltyfree and noncancelable rights to use the Works," and specifies that Novell/Ximian release the code under a license compatible with the Debian Free Software Guidelines (such as the GPL), it seems to protect the contributors rather well.

26 of 214 comments (clear)

  1. So..? by iantri · · Score: 4, Insightful
    Plenty of other open-source programs require you to sign over the copyright, especially when the program is maintained by an organization (Apache? Mozilla? Xfree? I don't know, but I think at least one of those three requires this).

    How is this any different? Because they are also going to sell a proprietary version? The developers will sign the rights over to Ximian, so how is this any different from dual-licensing like MySQLs? I mean, Ximian will own the code..

    1. Re:So..? by Anonymous Coward · · Score: 5, Informative

      Another big one is GNU.

    2. Re:So..? by gujo-odori · · Score: 4, Insightful

      Yes, the fact that they are going to sell a proprietary version is precisely what will make it different for some people (and MySQL would be different for those people, too).

      A developer who writes code and releases it under the GPL and only under the GPL and wants it to remain that way would not be likely to assign the copyright to Novell.

      If it were me, I would grant *them* a worldwide, perpetual, royalty-free license to use the code under the GPL. Maybe I would even grant them that license to use it in a proprietary program as well, as long as it was in the GPLed one too.

      But sign over my copyright and then have *them* give *me* a perpetual royalty-free license to use my own code? Umm, I don't think so. Not unless I work for Novell developing Evolution code, in which case they already own it and don't have to give me any license at all.

    3. Re:So..? by Wesley+Felter · · Score: 3, Insightful

      You're right that this is not a new issue. It just keeps coming up. Some people are happy to assign their code as long as it will only be licensed as open source (e.g. FSF, ASF), and those people are whining about how they won't contribute to Evolution. I think Evolution can live without them.

  2. A no issue. by saden1 · · Score: 4, Informative

    Developers are getting paid for their work. Essentially they are contract workers for Novell.

    --

    -----
    One is born into aristocracy, but mediocrity can only be achieved through hard work.
    1. Re:A no issue. by foidulus · · Score: 4, Funny

      Yeah, but it would be better if developers were getting laid for their work. Then I don't think you would hear anyone complaining about the licensing scheme :P

  3. The FSF asks people to sign over copyright also by Anonymous Coward · · Score: 3, Insightful

    The Free Software Foundation also asks programmers to sign over the copyright of any code they contribute. Ditto with the OpenOffice people. This is a perfectly normal request; having code licensed under both the GPL and some other license is quite common (OpenOffice, etc.).

    Nothing to see here, move along.

  4. Slashdot food? by dot-magnon · · Score: 5, Insightful

    As far as I can see it, this really is an internal debate. The complaints have been made, and resolutions are starting to take place, and THEN it ends up on Slashdot? Where's the BS filter gone? This is completely irrelevant for someone outside of the community to solve, and it's the community that will eventually resolve this. In addition, there are multiple discussions that have been mistaken for one here: The bounties are not directly involved with the copyright assignment debate at all.

    Just leave it already. Seems that this passes pretty unseen amongst outsiders anyway.

  5. GPL concerns? by erroneus · · Score: 4, Insightful

    I don't pretend to know the GPL but I think I know the spirit of it pretty well.

    I think that so long as the code remains free, I have no problem with an organization being enabled to use the code in their own commercial product. I think it would be ridiculous for them not to be able to gain benefit from the activity they sponsor.

    I guess what they are trying to do is say "okay, anything you give is ours first and then we give it back... but we want to be able to use it in proprietary code but you still get to keep the code too..."

  6. KDE Integration by SpooForBrains · · Score: 3, Interesting
    Desktop Integration Bounty


    Hopefully it will integrate with KDE a little better. Little things like sound would be nice - or being able to configure it without having to fire up Gnome Control Centre.

    It's probably never going to happen, because Evolution is Gnome through and through, but it would be nice to be able to run it without all those Gnome libraries eating up memory. The performance hit since upgrading to SuSE 9.1 has been really noticeable. ... and before someone mentions KMail, I've tried it, I hate it, and it crashes. Which is annoying since I use all the other elements of Kontact.
    --
    "The dew has clearly fallen with a particularly sickening thud this morning"
    1. Re:KDE Integration by harvalen · · Score: 5, Funny

      Maybe we need to start KDE project as answer to Evolution?

      Let's call it Kreationism ;)

  7. Um... so what? The FSF does this too! by benmhall · · Score: 4, Informative

    So does my project.

    As I mentioned on the linked page: "Also, the FSF makes all contributors attribute copyrights to the FSF. They do this for legal reasons. Mozilla did not, and when they decided to re-license, they had to contact every contributor. Because of this, we too require that any contributors attribute the copyrights to the jasabe project. Of course, you are still free to fork the project and keep your changes under your copyright, but we cannot accept your changes into the main jasabe tree."

    Don't believe me? More info can be found on the FSF page as well as on their FAQ.

    Not that it matters much for our project. It's only important if you have contributors. ;-)

  8. MySQL Dual Licensing by william_lorenz · · Score: 5, Insightful

    We were able to recently bring Jeremy Cole of MySQL in to talk with our group, and he explained that MySQL has a very similar dual-licensing methodology. This allows MySQL to sell their software commercially for those who want to include it in their products (I understand MySQL is used in telecom lots), and the companies that purchase it don't have to distribute the source with their products (which would be a hardship for them and possibly prevent them from using MySQL as a result). Additionally, MySQL AB is able to release the open version of MySQL for those who want to modify the source and tinker to their hearts contents. All contributors to the MySQL codebase have to sign-off on their code and the dual licensing, and this seems to be working well around the board, with a win-win for everyone. This way of doing things seems to support the company and a great database!

    1. Re:MySQL Dual Licensing by Alan+Cox · · Score: 3, Interesting

      I think the big difference in the debate is that up until now the core Gnome apps haven't had such policies and people are worried about them getting everywhere.

      From day one mysql and open office have had clear policies about how they work. Their communities are built of people who accepted that when they joined while the people who didnt went elsewhere

      In the Gnome case it is making a change later on than the beginning, which makes it more divisive although the thread is probsbly larger and more acrimonious than its importance in the big picture actually is 8)

  9. That's slightly different by Anonymous Coward · · Score: 5, Insightful

    Most of these, such as apache or GNU, require the code signover for reasons of ease of legal bookkeeping, or as a way of absolutely ensuring they have the right to use the code.. GNU requires this because part of their function is to police GPL violations, but they can't effectively take legal action concerning code they don't own. People rarely have trouble with signing over their code copyright in such instances because the projects in question have no form of greed or self-interest in asking for the copyright.

    This Evolution thing meanwhile you're being required to hand over the copyright so that Novell can turn around and sell it in a proprietary product. This is slightly different. Rather than being asked to hand over the copyright for the good of the community and users, you're being asked to hand over the copyright for the good of Novell.

    This is actually exactly like MySQL and a lot of people do hesitate before contributing code to MySQL for exactly this same reason.

  10. Re:As a regular user of Evolution by gujo-odori · · Score: 3, Insightful

    Perhaps that should be amended to read "the majority of people that use software on Win, Mac, and other non-free operating systems." Of them, it is certainly true that most of them don't give a flying fsck about the license, and a good number of them are quiet willing to use warez, from which we can reasonably assume they don't care about compliance with the license either.

    Among Linux users (and BSD users as well, although Linux users tend to be more "excitable" on this point), however, there are a great many people who care a great deal about the license. I sometimes used proprietary software if there is no acceptable alternative under a free license, but like a lot of people who use Linux, I will often choose a GPled (or other free-licensed) product over a proprietary one even if the proprietary one is better. The Free one just has to be "good enough" and under active development so that it is improving. Put another way, many of us will accept software that is far rougher and in a developmental stage as long as it is FOSS. If it's proprietary, we're going to demand more. Partly because of licensing and partly because if I'm paying for it, I should be able to reasonably expect that I am not paying to be a beta tester. Some of my gripe with proprietary software is that I have often found that no matter what the marketing spin says, it's so rough that in fact I *have* just paid to be a beta tester. When I want to beta stuff, I will volunteer. I certainly won't pay for the "privilege."

    So yes, actually, many people do indeed give a flying fsck about the license on the software they use.

  11. No Link Between GPL and Innovation by reallocate · · Score: 4, Insightful

    You've exposed an underlying fallacy of open source and the GPL: No direct link exists between source availability and innovation.

    In this particular case, the open source community is using a widely loathed proprietary program -- Outlook -- as both model and yardstick for one of it's premier offerings, Evolution. Ditto OpenOffice.

    If the GPL does foster the creation of new and innovative applications, why has the community not already brought forth an email client and an office client that are so convincingly innovative, useful and attractive that people will happily abandon the Outlook/MSOffice paradigms in order to adopt them?

    Granted, source availability does spread innovative ideas once they occur in the mind of a given developer. But, it seems clear that a developer working in a closed, proprietary environment can be just as innovative as one working in an free and open environment. Financial reward can, in fact, be a wonderful spur to creativity.

    It could be argued, as well, that the availability of code works against innovation because developers often use existing code as a model rather than strike out into new territory.

    The GPL and open source represent many good things, but they are no better or no worse at fostering creativity than the proprietary model.

    --
    -- Slashdot: When Public Access TV Says "No"
  12. Then it shouldn't be part of Gnome by Qwavel · · Score: 3, Insightful


    This is not a violation of the GPL.

    But this is a reason to not make Evolution an integral part of Gnome.

    There is nothing wrong with Novell doing this, but please don't compare it to situations where developers are asked to assign their code to a foundation. The wxWidgets, Mozilla, Gnome, Apache, Python, etc. foundations have mandates to help their users and contributors. Novell is a corporation, and it is ultimately only responsible to its shareholders.

    Novell with Evolution and Sun with OpenOffice - these are like TrollTech with Qt. Better than closed source, but not as good as software which is guided by the interests of its users and developers.

    1. Re:Then it shouldn't be part of Gnome by Anonymous Coward · · Score: 3, Interesting

      But this is a reason to not make Evolution an integral part of Gnome.

      Sorry, but that is complete and utter bullshit.

      So what if Novell holds the copyrights? What difference does that make with the typical scenario of a private individual holding the copyrights? As long as it is made available to the GNOME project under a suitable Free Software license, what difference does it make who holds the copyright?

  13. Why not joint copyright? by mmurphy000 · · Score: 3, Interesting

    OpenOffice.org addressed this via a joint copyright assignment. In fact, IIRC, they started with a copyright assignment akin to Novell/Ximian's, but then eventually decided to do a joint copyright assignment in the interest of spurring more contributions.

    IANAL, NDIPOOTV (Nor Do I Play One On TV), but a joint copyright assignment means that the original author retains all their original rights, and can license their code however they wish, but that the other signatory (in the case of Oo.org, Sun) also can license it how they choose.

  14. Novell is paying for this code... by ravi_n · · Score: 4, Insightful

    I really don't understand what people are unhappy about. Novell is offering to pay people to add certain features to Evolution and Gnome. In return for that payment, Novell wants to own the copyright of the resulting code (so they can also use it in their proprietary products), but they promise to also make sure the code is released under a free license (not unreasonable since they are making the offer to a community of free software developers). If you don't like those terms, feel free to not send your code to Novell and not collect any bounty. If other people do like those terms, that is their business.

  15. Re:Letter and Spirit of the GPL by GileadGreene · · Score: 4, Informative
    Or may the copyright holder (in this case Novell) decide that the GPL licensing terms no longer apply, and since they own the work completely, suddenly forbid *any* GPL versions at all? Even those that existed just before the "point of departure"?

    Short answer: No.

    Longer answer: Novell (or any other copyright owner for that matter) owns the copyright, which is what allows them to decide which license to release a product under. However, if you obtain a GPLed product from a copyright owner, they have granted you the rights laid out in the GPL, such as the right to freely redistribute, and the right to make modifications (provided said mods are released GPL as well). That license cannot be retroactively cancelled. All that Novell could do is refuse to release all future versions of Evo under the GPL. At which point the GPLed version of Evo would probably fork into a separate project. That's the beauty of GPLed code - once it's out there, it's out there. Doesn't matter if the company producing the code goes belly-up, or decides to stop providing updates, or whatever. The code is still there, and can still be worked with.

  16. Copyright assignment on Evolution. by miguel · · Score: 5, Informative

    Notice that copyright assignment to Evolution has
    been the rule since its beginning, there is nothing
    new.

    So this is a three to four year old policy.

    Miguel.

  17. Re:And how can I use my 'works' afterwards? by miguel · · Score: 5, Informative

    Before you make comments like this, please read
    the copyright assignment form, which clearly
    states that Novell agrees to grant back to the
    developer all the rights over the code that they
    contributed.

    So you can effectively do whatever you want with
    your code (unless it is a derivative works, in
    which case, you are subject to the GPL anyways).

    Miguel.

  18. Yawn. by NotZed · · Score: 4, Insightful

    Come on guys, this is OLD news. Ximian did this years ago, and nothing's changed except the name.

    It hasn't been a real problem with any of the few contributions we've had to the codebase; i think maybe one or two guys got upset about it. It's been more of a hinderance to us, limiting what extenal projects we can utilise for some of the chunkier features. Bigger deterrants to potential contributors is the rapid development pace, limited documentation, the size of the codebase, and our anally retarded quality requirements for patches.

    Some of the extensions people want to do aren't useful to the general community and would impact on the user experience for everyone else, or they had under-developed GUI interfaces which we couldn't include in the main product, or they were just poor code. In reality we're lucky if we've had 5% of the code from non-company contributors, and that is probably being generous. So much for Free Software. Often it's quicker and easier to write it ourselves than try to get someone's patch up to speed, unfortunately; but thats a non-technical and non-legal issue.

    In 2.2 we'll have an extension mechanism that will let anyone write extensions and release them separate to the main codebase. This will entirely negate most of the issues here since the code will no longer have to be accepted into the main codebase to extend Evolution, and hence wont require assignment. We'll have something like the kernel tainting mechanism to enforce valid combinations (and also to let us know if it isn't our bug).

    --
    _ // `Thinking is an exercise to which all too few brains
    \\/ are accustomed' - First Lensman
  19. Re:And how can I use my 'works' afterwards? by miguel · · Score: 5, Informative

    The policy -like stated elsewhere- is one that
    Ximian came up with, since the very first launch
    of Evolution.

    People are just mixing two different things,
    because both were discussed this week on the
    list.

    There is no change in policy, just someone who
    freaked out this week because of Sun's rumours,
    the freakout evolving into this.

    Miguel.