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8851
Circle Dock / Re: Goodbye all, I'm out of here effective immediately
« Last post by 40hz on August 12, 2010, 09:26 AM »
Rather than speculate on what is and isn't allowed in this scenario, I've contacted FSF about exactly what the obligations and options are for this particular case.

From my understanding of GPL3 the following is how it's going to work:

  • As long as the binaries to CD are no longer being distributed, there is no obligation for Mark to personally continue providing the source code.
  • As author (or co-author) of much of the current code, Mark holds copyright on what he's written.
  • If he removes what is left of Mr. Wong's original code from his current codebase, he is free to relicense what is left however he wishes.
  • But even so (since a GPL licensed product incorporating his code has already been released) his contributed code (up to that point) is also bound by the terms of the GPL - which means there is nothing that can be done to anybody who avails themselves of sharing/selling/distributing either the source or the binaries already in their possession. Such activities are specifically allowed under the terms of the GPL - which cannot be revoked after the fact.
  • The fact that his code was once released under GPL will make it difficult for any future versions of his program to invoke protection under IP laws since it would be necessary to establish exactly which lines of code and what program features were originally released under GPL - and which were not. (Attorneys love stuff like that.) This is not to say Mark can't try. But it has become immeasurably more difficult for him to do so with GPL lurking in CD's past.
  • And finally, irregardless of what Mark does, the only person who could possibly make legal trouble for him over GPL is the original copyright holder, Mr. Eric Wong. But since Eric has gone missing, Mark is at no more risk of real legal action (no matter what he does) than are the people who are illegally using CD's code in their closed commercial products.

Not being an attorney, I wanted to confirm my educated guesses with FSF. Unfortunately the person I really need to talk to is out at conference and will be unavailable to chat with me until sometime next week.

I will stay on top of this, and let people know what FSF has to say about all this.


----
@Markham: I know it's hard to remain calm when you've tried to play by the rules of GPL and other people not only aren't - but are defying you to do anything about it. But please don't let your understandable anger and frustration with the situation make you see enemies where there aren't any. Maybe not everybody at DoCo is agreeing with what you're saying. But that does not mean your work was unappreciated, or that anybody has any less respect for your feelings or opinions despite their possible disagreement with them.

So be angry. It's understandable. I'd be absolutely livid if I were in the same boat. But please try not to let any justifiable anger get out of control and cause you to interpret what looks to me like a comedy of errors - and some misread (or possible missing) communications with DoCo's administration - as an effort to ignore your concerns or hurt you in any way.

We're all friends here. And I think Mouser and the rest of us have done as much as we can to let you know we all still consider you one of them. Now it's up to you.

Either way, I personally wish you all the best in whatever you decide to do.  :)
8852
Not trying to be spammy, but I really do have a good collection of WinXP themes on my blog. These are my personal favorites.

http://www.instantfu...-for-windows-xp.html
http://www.instantfu...ndows-xp-themes.html
-InstantFundas (August 12, 2010, 12:46 AM)

Some great finds! (Nice blog too.) Glad to see my old fav Aurum again.

SoWhite and Silence are tempting me as we speak.  ;D


( Rather exquisite redhead on one of those wallpapers too! Always a big plus AFAIC.  ;)  :-[  )
8853
Living Room / Re: Invalid Cast: Cool Member Blog
« Last post by 40hz on August 12, 2010, 07:11 AM »
@app103 - Thx for sharing! Nice blog. Bookmarked him and added his 'Software Dev' feed to my RSS reader.

 :Thmbsup:
8854
Circle Dock / Re: Goodbye all, I'm out of here effective immediately
« Last post by 40hz on August 12, 2010, 06:58 AM »
I have removed a couple of posts as they seemed overall counter productive to this entire situation.

I didnt like some of the posts here, but re the ones you removed:
the first post started obnoxiously but both post had good advice for the OP, personally I think it's inappropriate to delete both of them. (Posts which are not spam have not been lightly deleted here at dc in the past - I'd hate to see it become a new style)

I hit the Report to the moderator button about the first post that got removed. So I feel I share some of the responsibility for it getting taken down from the forum. (I don't know why the second post got removed.)

That being said, I have no qualms about the fact I did complain. And on further consideration, I'm still going to stand by my original conclusion that the first one was troll-like in tone, personally insulting to a DC member, and added nothing of value to the discussion.

If I was so dense that I missed something of value in that particular post, perhaps the person who submitted it could find a way to rephrase it so whatever wisdom it contained isn't lost. His/her second and third post post demonstrated he/she is fully capable of of writing something both useful, and not quite so obnoxious in tone.



My bullet points in the deleted posts were concrete, actionable, no-nonsense advices I gave to the developer of the program.
-lotusrootstarch (August 12, 2010, 04:39 AM)

Perhaps bullet points are what worked the charm?

Hmm...maybe I'll start using more of them in my own posts going forward. ;)



8855
Circle Dock / Re: Goodbye all, I'm out of here effective immediately
« Last post by 40hz on August 11, 2010, 01:17 PM »
One lesson I've (hopefully) learned: when in an upset state, don't make big decisions, and don't post stuff publicly. Take a few big steps bag and breathe deeply.

+1 Big Time!

That was something I learned the hard way many years ago.

I totally wrecked a 15+ year friendship with one angry and ill considered e-mail that day.

That's one mistake I have no intention of ever repeating.

     
8856
Circle Dock / Re: Goodbye all, I'm out of here effective immediately
« Last post by 40hz on August 11, 2010, 12:54 PM »
It's an unfortunate state of affairs, but also not completely unexpected when emotions start running as high as they seem to be running for some members. At such times, it's all too easy to misinterpret the intentions and actions of others - and occasionally burn a few too many bridges in the wake of getting upset. Not that there's anything to say new bridges can't be built afterwards. But it does take time and  certain personal willingness to get things back to where they were before.    

I'm hoping that time will provide some perspective, clear up any misunderstandings, and mend those wounded feelings.
  
8857
Circle Dock / Re: Change of Licensing from Version 2 (Cancelled)
« Last post by 40hz on August 11, 2010, 07:21 AM »
@fodder: Absolutely true. That's the thing that comes as a surprise to many. But the point I was trying to make was that you aren't required to work for nothing just because you use GPL.

And again, there's nothing that says you can't put your download area behind some sort of paywall. Not as effective as one of those paid "license key" arrangements (which you can't do under GPL) but it should secure some revenue stream. Or at least it should until your app hits somebody else's server. Or the torrents...

Musicians and writers live with that reality every day - and the message they're getting back from the general public seems to be: Get over it!

In the end, the people that are willing to pay (or otherwise contribute) will do so. And those people that don't simply won't. No surprises there.

I'm not going to harp on the issue of what's legal (or moral) and what's not. The jury is out on that one; the public is divided; our governments seem to be absolutely usless on the issue; and the media industry is it's own worse enemy when it comes to IP.

But one thing Is certain: the age of digital "everything" and the web has been an absolute bonanza for all the selfish and ungrateful individuals out there. Barely a day goes by without them reminding us of all the ways we can make their lives better for them at our own personal expense.

Guess that's just "business as usual" when you're forced to work with primates.
 :)
  

  
8858
Circle Dock / Re: Change of Licensing from Version 2 (Cancelled)
« Last post by 40hz on August 10, 2010, 05:55 PM »
^Well, that's some progress at least.  :Thmbsup:

I'll be in touch. 
8859
Circle Dock / Re: Change of Licensing from Version 2 (Cancelled)
« Last post by 40hz on August 10, 2010, 05:41 PM »
Probably wouldn't be a bad idea to go back to the previous version binaries/source until they decide what their next step will be. There is no obligation on their part to continue supplying the source if they are not actively distributing the software. That doesn't stop someone else from sharing it if they already have it however. But my understanding is the obligation goes with distributing the software. No distribution, no requirement.

I've got a call into FSF's licensing wonks about this quandry. I'll keep people posted about what I find out.

-----/

Addendum: AFAIK, although it's generally considered "good form" to supply the source with the binaries, the only requirement is that it be made available upon request. It doesn't have to be included. And you can charge for it. But the price charged for the source code can't exceed the price charged for executables.

One more reason to charge something. The "free" in free software means "free to use as you see fit." It doesn't mean "to be provided to the public at no cost."     
8860
^Know what you mean. I'd probably be far more likely to try and hire or contract one of these folks than I'd be to share gallery space with them.

Some of the stuff on DA is absolutely stunning. *sigh*
8861
[shameless_plug] For Windows 7 themes I recommend Slate or Linear  ;)

+1 :Thmbsup: with SBoy

Very nice.

Who woulda thunk our Eóin was one of the "deviants." Great site.

I've never worked up the nerve to put one of my paltry artistic efforts up there with all that real art talent.

Bravo! :Thmbsup:  
8862
For XP, I'm partial to Vishal's SevenVG Black RTM theme with the "normal task bar."

I use the Aero32 color scheme in the theme, and mod it by setting the wallpaper to a nice 'almost black' slate gray color that looks particularly nice on my monitors.

FWIW, I've found the readability of fonts is directly related to how many colors (and gradients ) are being employed in the theme. I try to stick to as few (and complimentary) colors as possible to avoid that color "vibration" thing you sometimes experience with super-saturated themes. I find Tahoma very readable for interface use as long as it has decent contrast with whatever it's displayed on/against.

My basic rule of thumb is: the more beautiful and rich the colors, the harder and more tiring everything is to read and look at over extended periods of time.

There's a lot to be said for all those old classic System 6.0.4 Macintosh gray/mono themes and "paperwhite" displays. They looked great under office fluorescent lighting. And you could stare at them for hours without feeling ill. I've long suspected one of the reasons Macintosh was able to ultimately claim the desktop publishing app space was because its screens were so much easier to read than that eye-drilling "bright green on black" that the old-guard typesetting crowd was used to working with.

 :-*

For Windows 7, I just turn off all the Aero bling and go with a toned down version of one of the classic-type themes. Although the default theme that gets installed with Win 7 is also pretty nice, as well as being easy to look at for extended periods of time. Lately, I've found myself just using that after I kill the desktop wallpaper image.

As time goes on I've discovered I'm becoming less and less interested in fiddling with the desktop appearance and fancy launchers like Circle Dock or Rocket Dock. Nowadays, I'm mostly interested in just getting in there, getting stuff done, and then logging off.

I've revamped my entire approach so that now I'm much more tightly focused and intense whenever I use a computer. I don't spend anywhere near as much time on my system as I used to. But oddly enough, I think I'm actually accomplishing much more now that I'm no longer starting at a screen 10+ hours a day. Maybe C. Northcote Parkinson's famous "law" was right after all?

True, my new approach doesn't save me from those occasional multi-day marathon writing sessions. But it has cut down on the total time I'm on my system.


Must be getting old...   :-[


8863
Circle Dock / Re: Change of Licensing from Version 2 (Cancelled)
« Last post by 40hz on August 09, 2010, 11:32 AM »
Just do up your own license
I would have thought it takes a lot of time, effort, money and expertise to 'just' do up your own licence  :Thmbsup:

It doesn't have to. Most licenses get cobbled together out of bits and pieces of other licenses.

Getting them vetted to be sure they comply with local statutes could cost money if you actually felt the need to go that far. Most people don't.

The problem of expense comes if you attempt to enforce your bespoke license. Since this usually falls under contract law, your ability to enforce your license is only as good as your attorney and pocketbook.

You do have some very strong rights under copyright laws. But without somebody (like FSF or a commercial enterprise) to back you up, ANY license is basically worthless if someone bigger than you decides to abuse it.

Such is the way of the world.  :-\

    
8864
Circle Dock / Re: Change of Licensing from Version 2 (Cancelled)
« Last post by 40hz on August 09, 2010, 09:35 AM »
^Don't really know. But if you wanted to do that, why bother with the GPL to begin with? Just do up your own license, with whatever terms and conditions you want, and be done with it. Nobody gets forced to use GPL.

------

Note: it's FSF not the EFF that is in charge of GPL.  Two different organizations. Both good ones too!    :)
8865
Circle Dock / Re: Change of Licensing from Version 2 (Cancelled)
« Last post by 40hz on August 08, 2010, 09:44 PM »

GPL type and derivative licenses offer no real protection to the author unless the author is prepared and can afford to enforce it.


Minor point of information:

Not necessarily true...

You could always assign the copyright on the code to the FSF. Since only the copyright holder can assert their rights under law, unless you have deep pockets it's generally best (assuming you're really serious about licensing under GPL and not just toying with the idea) to assign it to the Foundation. Once they have the legal right to take action, they're very good at pursuing violations of the GPL.

If Eric had done that instead of just announcing he was putting his version of Circle Dock out under GPL, none of this might have happened.

I wouldn't have kept people from requesting source or making derivative works based on your continuation of Eric's work. But it would have prevented these characters from using it as part of a closed commercial product and then defying anybody (other than the missing Eric) to do anything about it.

Some people may balk at signing over their copyright. But since releasing under GPL is basically non-rescindable, it shouldn't really matter if you understand what going that route means.

 8)

8866
Living Room / Re: Five Reasons Why People Hate Apple
« Last post by 40hz on August 08, 2010, 09:33 PM »
My 5 reasons:

  • Fanboys
  • Fanboys
  • Fanboys
  • Fanboys
  • Steve Jobs

 8)
8867
General Software Discussion / Re: Recommendations for home mail server
« Last post by 40hz on August 08, 2010, 09:30 PM »
^ :( Sorry it didn't work out for you. I didn't find SmarterMail particularly difficult to use, but I apparently had better luck than you on the two occasions when I had to request assistance from the community. Both times, the answers I got were succinct and helpful.

Anyway, best luck with your search.

Keep us posted on what you find out.  :) :Thmbsup:
8868
Circle Dock / Re: Suggesting names for new derivitative of CircleDock
« Last post by 40hz on August 07, 2010, 01:17 PM »
How 'bout: BrassRing ?

http://en.wikipedia.org/wiki/Brass_ring

A brass ring is a small grabbable ring that a dispenser presents to a carousel  rider during the course of a ride. Usually there are a large number of iron rings and one brass  one, or just a few. It takes some dexterity to grab a ring from the dispenser as the carousel rotates. The iron rings can be tossed at a target as an amusement. Typically, getting the brass ring gets the rider some sort of prize when presented to the operator. The prize often is a free repeat ride. The phrase to grab the brass ring is derived from this device.

 :)

-----------

@Sarge & Mack:
Still waiting to hear back from the GPL wonks regarding your dilemma. I'll PM when I hear something.
8869
General Software Discussion / Re: What is your preferred font?
« Last post by 40hz on August 06, 2010, 09:30 AM »
Bitstream hosts a very informative website for people interested in type.

It was recently redesigned, and IMHO is better than ever.

Link here:    http://new.myfonts.com

They also do a great monthly newsletter where they interview a type designer each issue. Good source for insights into the artistic and technical design process of type. Very well written so it's  also a "good read."

You can view current and back issues at the website, or subscibe and have it come to your mailbox. This is one of the very few newsletters I do subscribe to.

Recommended.  8)
  
8870
Circle Dock / Re: Change of Licensing from Version 2 (Cancelled)
« Last post by 40hz on August 05, 2010, 05:36 PM »
+1 w/Mouser

I don't think the GPL issue was brought up to criticize or condemn anything you or Mack are doing. I think it was more motivated by concern some had for the hassles you've let youself in for by adopting a GPL'd project.

I'm a big advocate for FOSS. But I have no quarrel with your feelings about this situation nor do I have any issues with your looking for a way to recoup something for your involvement with CD.

I'm sure there's a fairly simple solution. I think I have one. I just need to vet it with some people that know more about the legal niceties of GPL than I do.

Stay tuned. :Thmbsup:

ps: pls 'scuze any typos.  Frighin' iPhone and it's braindead autocomplete/spellcheck.  :down:    
8871
Circle Dock / Re: Change of Licensing from Version 2 (Cancelled)
« Last post by 40hz on August 05, 2010, 04:30 PM »

Understand that I do feel incredibly stuck between a rock and a hard place.

Yes. Quite.
 


A lot of folks are going to feel betrayed or that Eric's Legacy disgraced, no matter what happens now.  :-[


People are going to believe what they want to believe no matter the facts or any actions you may take.

The important thing is for the two of you to move forward doing what you think is right while still keeping as many of your options open as possible. :Thmbsup:

It's all rather ironic when you think about it... If your dedication and hard work on CD hadn't been enough to turn it into the very popular application it has become, none of this would have ever become such a problem for you both.

Having been in a very similar "No good deed goes unpunished" situation some years ago, you have my sympathies.

-----

Addendum:

I'm probably going to have a bit more to say about GPL once I get a minute to get my thoughts in order and find something better than this iPhone to key it in on. Suffice to say, CD's situation was something that the thinking behind GPL didn't intended to create a problem for - but also, paradoxically, did intend to put a cramp on.

A lot of it goes back to the social and technical environment that spawned FOSS and GPL; the key players behind it; and some of the political beliefs from that era. Without that background, a lot of the GPL mentality can come across as being arbitrary and capricious. And then there's also the argument that a significant portion of the concerns and mentality that led to the development of the GPL has become increasingly irrelevant for much of our info-environment.

Bloody GPL. What a long, strange trip it's been...

 8)



8872
Circle Dock / Re: Change of Licensing from Version 2 (Cancelled)
« Last post by 40hz on August 05, 2010, 03:43 PM »
This sounds incredibly appealing, to me anyways, But I found nothing in the license that would support this. I need to go back and re-read again

I'm not an attorney, and I know ditz about how the law works in your jurisdiction.. But over here, the basic rule for a license or contract is: If you can think it - be sure to 'ink' it!

For the most part (in the US at least) anything not specifically covered in a legal document isn't covered by that document. The assumption is you can unless specifically told you can't - unless there's an existing law or legal precedent that covers what you want to do.  

That's why so many EULAs run to ten or more pages.    
8873
Circle Dock / Re: Change of Licensing from Version 2 (Cancelled)
« Last post by 40hz on August 05, 2010, 03:24 PM »
if you are the author of code you release under GPL, can you in fact give "permission" to someone to release it as part of a closed source commercial application?

As copyright holder, you can do anything you want with your own code. The only problem is with the code you've previously released under GPL. Anybody could take that and make a derivative (or even competing) product out of it, and you'd have no legal recourse as long as they honored the terms of the GPL by sharing their source code.

So while it would be possible to relicense such code, it creates a real problem for a commercial code shop's legal department. Because even though you've granted them a different license, what you've sold them at that point can't come with the right to exclusive use because of the prior GPL release.



          
8874
Circle Dock / Re: Change of Licensing from Version 2 (Cancelled)
« Last post by 40hz on August 05, 2010, 02:31 PM »
FWIW there is nothing in the GPL that requires that compiled binaries be provided free of charge. There are several GPL'd products (and some Linux distros) that charge for their binaries  in order to offset expenses (or possibly even make some money) without violating the letter (or the spirit) of the GPL. So long as some provision has been made to supply source code to whoever requests it you're generally in compliance. 

And while there will always be a certain few who will scream about charging for GPL-anything, nobody who actually understands what GPL is about would have any problem with that.


  
8875
Developer's Corner / Re: The Inversion of the Open Source - Big Corporation Divide?
« Last post by 40hz on August 05, 2010, 09:34 AM »
link=topic=23569.msg214039#msg214039 date=

Free Software does not equal Open Source.

-Gothi[c

As Sun Software will be happy to 'explain.'  ;) :)

--------

What do ya mean MySQL buddy? It's OurSQL now!
And don't you go quotin' me none of that communist hippy GPL crap either.    ;D  :P

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