[ubuntu-uk] [OT] Open Source Project kafuffle...

[Andy Smith]

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

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