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Change of Licensing of the project is not possible

Open ankostis opened this issue 9 years ago • 8 comments

@thecapacity In a72203a0d you change the GPL-v3 licensing of this project to Public-Domain.

IANAL, but I believe you are not entitled to that, although your motives are kind.

My understanding is this:

  • You work under the US-gov, so all you code has to be in public-domain.
  • Your additions are indeed in public domain, and you are ok with adding an exception in the LICENSE file.
  • But on the derivative work, both licensing terms apply, but since GPLv3 is more "strict", it takes precedence.

Practically, the project has to remain under GPLv3 and not under the public domain.

ankostis avatar Jan 10 '17 12:01 ankostis

Thank you @ankostis, this had slipped by me. This is indeed not correct.

dgorissen avatar Jan 10 '17 12:01 dgorissen

I also work under the European Commission, so I know these intricacies when submitting code to 3rdp projects :-)

ankostis avatar Jan 10 '17 13:01 ankostis

Sorry - I definitely did not intend to change the pre-existing work. Honestly I was trying to set this up for work but the project did not continue (which is why I just saw this) so yea I was trying to explicitly state that Gov-issued work (e.g. by me) is public domain and CC0 1.0 (which I'm told we should do because public domain isn't interpreted the same globally)

Do you have a suggestion @ankostis on how I should revise?

thecapacity avatar Mar 24 '17 17:03 thecapacity

I believe that the guidelines from your department should be like "publish under CC 1.0 when possible", meaning that you should not violate any pre-existing license. As I explained, you are creating a "derived work", so you would be fine if you leave the project's license as it is, GPLed - your Gov can't complain for respecting the copyright law :-)

If you want to drive things to the extreme, you should create a new project, and add there ONLY the files that you added - but that won't be of much use to anybody.

ankostis avatar Mar 24 '17 19:03 ankostis

@thecapacity you can re-license https://opensource.stackexchange.com/questions/4481/as-owner-of-gpl-library-can-i-break-the-licensing-terms/4482

Immortalin avatar Sep 22 '18 20:09 Immortalin

Re-licensing is possible if you are the sole author (or if you got the permission from all authors), which i don't think this is the case here, correct?

ankostis avatar Sep 23 '18 18:09 ankostis

Depends if the work belongs to the government as a whole.

Immortalin avatar Sep 23 '18 18:09 Immortalin

We're both telling the same thing.

ankostis avatar Sep 24 '18 13:09 ankostis