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Posts: 1,101 | Thanked: 1,185 times | Joined on Aug 2008 @ Spain
#664
Originally Posted by Estel View Post
Absolutely true. Nokia can - if they wish - close source of *further* releases - if (and only if) they're not basing it on already (L)GPL'ed stuff (so, basically, closing source of further releases, would need re-writing it from scratch). So, all posts about "Nokia can change their mind" are plain wrong - it's not /bsd license, where You can base Your work on FOSS thing, and close You resulted code.
As long as you are the only copyright holder, or all the copyright holders agree, you can relicense your stuff as you see fit. GPL or not.
This has already happened not once, but several times, where a developer first distributed its work under a (L)GPL and later changed its mind and stopped distributing (L)GPL versions.
Think about it. Are you really saying that if I publish anything under a copyleft license I'm effectively surrendering ownership of that code? That I have to rewrite MY OWN code to change license? That's plainly ridiculous.
A copyright holder has all rights to the code, and anyone else has none. A license is a permission given by the copyright holder to others to use the code, under whatever conditions the copyright holder wants. The (L)GPL is just one of such licenses, which happens to give certain rights to the receivers to protect the freedom of all receivers of the code down the chain.
Just to illustrate my point, I'll pick the GPL FAQ:
Is the developer of a GPL-covered program bound by the GPL? Could the developer's actions ever be a violation of the GPL? (#DeveloperViolate)

Strictly speaking, the GPL is a license from the developer for others to use, distribute and change the program. The developer itself is not bound by it, so no matter what the developer does, this is not a “violation” of the GPL.

However, if the developer does something that would violate the GPL if done by someone else, the developer will surely lose moral standing in the community.
But if somebody has already received the code under the (L)GPL, the copyright holder can't later change its mind and revert the rights given to that one.
Can the developer of a program who distributed it under the GPL later license it to another party for exclusive use? (#CanDeveloperThirdParty)

No, because the public already has the right to use the program under the GPL, and this right cannot be withdrawn.
But if the public hasn't received the source code, then hasn't received the rights granted by the (L)GPL, and because the copyright holder IS NOT BOUND by the GPL is under no obligation to further distribute the source code.
Still, all of this does *not* apply here, cause we're talking here about stuff already released under LGPL. And, we are not interested in further releases, but in this release (I've written here about "changing their mind" just for the records).
It doesn't apply here because Nokia isn't the only copyright holder, so they can't change the conditions without the agreement of all the other copyright holders. That's the key, not how it was licensed.
As for ideas, I've none how we can proceed now - other than rising LGPL violation (which is also not a thing, that I would like to do on daily basic for fun). My mail got ignored (up to date), and bug was commented only with "we will release it soon".

I'm just worried about us getting sources, before those "suckers" got bankrupt - this doesn't change license obligation, but at least argument about "too few hands on board" become more true.

/Estel
Now, the first thing to do is not to pull a stink here.
Again, from the GPL FAQ:
Who has the power to enforce the GPL? (#WhoHasThePower)

Since the GPL is a copyright license, the copyright holders of the software are the ones who have the power to enforce the GPL. If you see a violation of the GPL, you should inform the developers of the GPL-covered software involved. They either are the copyright holders, or are connected with the copyright holders.
The first thing to do is to make sure we contact the right person within Nokia.
I'll write to Felipe to see if he can help and speed things a little bit.
 

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