[Qgis-psc] PSC Meeting March

Paolo Cavallini cavallini at faunalia.it
Wed Mar 18 03:02:33 PDT 2020


Sorry, I meant 20th

Il 17/03/20 14:08, Andreas Neumann ha scritto:
> Paolo - can you comment if you can participate tonight? Did you mix up
> the dates or did you really mean the 20th (Friday)?
> 
> Greetings,
> Andreas
> 
> On Tue, 17 Mar 2020 at 12:11, Anita Graser <anitagraser at gmx.at
> <mailto:anitagraser at gmx.at>> wrote:
> 
>     I'm available but Paolo wrote:
> 
>     "I agree a meeting would be useful. Things are quite unstable here
>     due to
>     COVID-19, but I *should* be able to join in the late afternoon or
>     evening of 20th.  "
> 
>     Regards,
>     Anita
> 
>     On Tue, Mar 17, 2020 at 11:47 AM Tim Sutton <tim at kartoza.com
>     <mailto:tim at kartoza.com>> wrote:
> 
>         Reposting as list message was rejected due to size:
> 
>         Hi
> 
>         Thank you so much for your email @Vincent. Personally I have
>         read your email below and numerous articles online about it and
>         there is still, in my mind, room for posting a GPL app on the
>         apple store - there just needs to be a clear path to fetch the
>         binaries so that you can install it on your other systems (i.e.
>         the contention mainly relates to the third freedom). This could
>         be done in the application itself with a link somewhere to
>         download the package files and notes on how to install it (which
>         to be fair may be a convoluted process on some operating systems).
> 
>         However, in acknowledgement that there is probably never going
>         to be general agreement on this, and the only conclusive way to
>         deal with it is to modify our license to add an exemption for
>         distribution via app stores (I would propose a general exemption
>         rather then mentioning any specific one), I have contacted Saber
>         off-list and asked him to remove the link to INPUT on our web
>         site. I did this along with a deep sense of shame that we cannot
>         acknowledge the hard work of long term contributors to QGIS - in
>         particular Martin has been a contributor to QGIS since the very
>         early days of the project.
> 
>         https://github.com/qgis/QGIS-Website/pull/735 
> 
>         The assessment of the situation below may be right, but IMHO the
>         situation itself is wrong - we should not be held hostage by our
>         own license. Our license choice was intended to ensure that QGIS
>         can be a GIS that everyone can use, and we should be actively
>         taking it to every platform that is in popular use. Thus I would
>         like to raise the proposal that we assemble a list of everyone
>         who has made a contribution to the QGIS code base, and at very
>         least, run a poll to see how many would be amenable to a
>         modification of the license. From the poll results we will be
>         able to see 1) are 100% of the authors contactable and 2) what %
>         of the codebase currently under GPL could not be relicensed. 
> 
>         Regards
> 
>         Tim
>>
>>
>>>         On 16 Mar 2020, at 13:06, Vincent Picavet (ml)
>>>         <vincent.ml at oslandia.com <mailto:vincent.ml at oslandia.com>> wrote:
>>>
>>>         Hello,
>>>
>>>         I re-state here what I already said on the GitHub issue ( )
>>>         concerning a
>>>         distribution of GPL-licenced software on App Store endorsed
>>>         by QGIS.org <http://qgis.org/>.
>>>
>>>         I am worried that this could lead to legal troubles. There
>>>         are clear issues with
>>>         providing GPL applications on apple store. While having an
>>>         app supporting iOS
>>>         could be ok, distribution through the Apple app store makes
>>>         the user have to
>>>         accept iOS terms of use, which are not compatible with the
>>>         licence of the software.
>>>
>>>         While publishing GPL software on iOS is the issue of the
>>>         software provider /
>>>         publisher, linking it from qgis.org
>>>         <http://qgis.org/> website would be an endorsement, and would
>>>         lead to legal risk.
>>>
>>>         I would personally be against it, and it should indeed be an
>>>         official PSC
>>>         decision, having taken into account all related risks,
>>>         preferably after seeking
>>>         official legal advice from an opensource IP expert lawyer.
>>>
>>>         I copy hereafter the report of our IP lawyer, who we
>>>         consulted when we had this
>>>         question a while ago (on a different GPL software) :
>>>
>>>         -----
>>>         Concerning publishing a GNU GPL application on App Store
>>>
>>>         Distributing software on Apple App Store is likely to
>>>         contrain the user to
>>>         accept General Usage Conditions s a-priori not compatible
>>>         with the GNU GPL
>>>         Licence v3.0 or later. As a matter of fact, AppStore TOS --
>>>         which users as well
>>>         as developers must accept -- constrain the usage
>>>         that can be done with the software, which is contradictory to
>>>         the GNU GPL v3 or
>>>         later. The latter forbids to apply such usage restrictions
>>>         when distributing a
>>>         software under its terms.
>>>
>>>         Such a difficulty also applies to the distribution of a
>>>         version of software X on
>>>         AppStore including Z ( licenced as GPL ). It is on this basis
>>>         that the
>>>         application VLC has been initially removed from Appstore,
>>>         before being
>>>         re-introduced under a new licence conform ( double licence
>>>         Mozilla Public Licence 2.0 and GNU GPL v3.0).
>>>
>>>         Therefore, such a distribution would be possible under
>>>         appstore only if its
>>>         licence is modified according to this choice.
>>>
>>>         Article 10 of GNU GPL 3.0 : « You may not impose any further
>>>         restrictions on the
>>>         exercise of the rights granted or affirmed under this
>>>         License. For example, you
>>>         may not impose a license fee, royalty, or other charge for
>>>         exercise of rights
>>>         granted under this License, and you
>>>         may not initiate litigation (including a cross-claim or
>>>         counterclaim in a
>>>         lawsuit) alleging that any patent claim is infringed by
>>>         making, using, selling,
>>>         offering for sale, or importing the Program or any portion of
>>>         it. »
>>>         ----
>>>
>>>         As for changing the QGIS licence to add an exception for app
>>>         store, or any other
>>>         specific use, it would indeed require every single QGIS
>>>         contributor to agree. I
>>>         clearly cannot see this happening, given our large
>>>         contributor base and a clear
>>>         opposition to any licence change from at least a few of them.
>>>
>>>         Strictly conforming with legal requirement of our licence
>>>         choices is vital for
>>>         the project and QGIS.org <http://qgis.org/> credibility. If
>>>         we want our users to respect the GPL
>>>         licence which is the basis for all QGIS work, and share their
>>>         modifications
>>>         back, we cannot compromise on legal aspects, even if it is a
>>>         burden for the user.
>>>
>>>         This is sad, but "real world people do not respect licences"
>>>         is not really an
>>>         argument.
>>>
>>>         Should any external organization make the choice to
>>>         compromise with legal terms
>>>         and licences, it is their own responsibility, and I personaly
>>>         do not care as
>>>         soon as there is no impact on the QGIS project and QGIS
>>>         organization.
>>>
>>>         Best regards,
>>>         Vincent
> 
>> 
> 
> 
> 
> 
> 
> 
> 
>         *Tim Sutton*
> 
>         *Co-founder:* Kartoza
>         *Ex Project chair:* QGIS.org <http://QGIS.org>
> 
>         Visit http://kartoza.com <http://kartoza.com/> to find out about
>         open source:
> 
>         Desktop GIS programming services
>         Geospatial web development
>         GIS Training
>         Consulting Services
> 
>         *Skype*: timlinux 
>         *IRC:* timlinux on #qgis at freenode.net <http://freenode.net>
> 
>         I'd love to connect. Here's my calendar link
>         <https://calendly.com/timlinux> to make finding time easy.
> 
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> 
> 
> -- 
> 
> --
> Andreas Neumann
> QGIS.ORG <http://QGIS.ORG> board member (treasurer)
> 
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> 

-- 
Paolo Cavallini - www.faunalia.eu
QGIS.ORG Chair:
http://planet.qgis.org/planet/user/28/tag/qgis%20board/



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