What happened is partly my fault (and I am not
apologizing for it). I was the one that brought the whole issue to Gothic's attention in a private conversation on IRC.
Since he knows more about the GPL than anyone I know, I wanted to ask him a few questions.
I had downloaded and installed CD a few months ago in order to contribute artwork to the project (see here
, and a work in progress here
), and at the time that I originally downloaded it, I looked for the source on the site and could not find it. I was bothered by this because I knew the original version by Eric was GPL licensed. I also noticed that Markham had changed the license to something else I was unfamiliar with.
I even asked Sarge, and was given some story about the Chinese as to why I couldn't have a copy of the source.
It wasn't until I did some more digging after the post about the proposed license changes for v2
, that I discovered that the change of license Markham made wasn't compatible with Eric's original GPL license.
This was one of the reasons why I warned him
and told him to be careful what he does, or CD could come to an end.
Markham already made one mistake by adding to a GPL project and releasing his versions under the Microsoft Public License (Ms-PL), which is listed as incompatible with the GPL
. That means Markham's license is incompatible with Eric's license, and by all rights, Markham shouldn't have the right to use Eric's GPL'd code in his version of CD.
Please proceed very carefully, or you could put the entire project in jeopardy, and then there will be no more CD for anyone, except for Eric's original version.
According to the GPL, if you are not willing to give the source to those that are entitled to it (as a person that downloaded it and installed it, I am entitled to it) then you can't offer the binaries. And if for some reason you can't offer the source because of incompatible licensing issues, you can't offer the program at all.
Gothic confirmed that everything I knew about the GPL was true.
After the announcement that CD was going closed source, and that you had planned on taking down your version and only offering Eric's version on the site, I went back to the site one more time and carefully combed every page looking for the source to v1.5.6, which I am entitled to, before you changed the site, ran off, and it was gone for good. I still could not find it. The more I read from you in this thread
, the more I came to realize that you had no intention of honoring Eric's license and allowing those that were entitled to a copy of the source for v1.5.6, to have it.
Now personally, I would rather have had mouser and Gothic talk to you with the end result being that you would comply with the GPL and release the source to the current version under a GPL compatible license, so that those that were entitled to it (myself and anyone that had downloaded the binary) would have access to that source.
I am sorry if you have issues with the Chinese taking the source and modifying it and releasing it as closed source payware, but I had not done that and I had no intentions of doing that. I should not have my right to the source of an open source application denied because you have issues with someone else.
You don't correct a wrong done by someone else by committing an even bigger one yourself. It wasn't right of you to stop the Chinese from violating the GPL by violating the GPL yourself, punishing me and everyone else that downloaded CD in the process.
Now, that being said, I'd still like have a copy of the source to v1.5.6, that I am entitled to, under a GPL compatible license. If you are so worried about honoring Eric's legacy as you have stated so many times before, then do the right thing and honor his wishes and comply with the license of his code.
As I said before:
And if you don't like the GPL license, your only alternative is to not contribute to a GPL project.
But once you contribute and release a binary, you have to
release the source under a GPL compatible license.
If you think you are the victim here, then consider the fact that what happened only happened because you victimized every CD user, first
, the moment you changed the license to Ms-PL and stopped offering the source along with your binaries to all who downloaded CD.