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An issue with licensing that requires administrative attention...

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  • R rolfyone

    (pls note... this was published on the c# forum by mistake, and i'll be removing it from there straight after this post) Hi there, I'm posting here with something that I believe is an issue that requires an administrators feedback to get resolved. See the problem is that it's a licensing issue about someone deciding to smack a license on their product after publishing here. here's a link to the forum... http://www.codeproject.com/cs/miscctrl/sortedlistview.asp?select=588727&df=100&forumid=3615&msg=588727#xx588645xx I'm not writing here for validation. What I would really like is for someone to have a read, and let us all know whether someone can just retrospectively add a license in the way that this individual has attempted to do. I homestly think I'm right, that it can't be done... but it's not the first time i've been incorrect with legal stuff, so I'll give in if the administrators of this site believe that he can retro-fit a license and that I'm wrong. The one thing I'm sure of is that I'm convinced that what I'm saying is correct, and Carlos is convinced that what he's saying is correct. I think we need a little arbitration Thanks very much for any input regarding this issue. Maybe it should become a FAQ so that people are aware of what is correct and incorrect in disputes such as this? Thanks, Rolfy.

    J Offline
    J Offline
    J Dunlap
    wrote on last edited by
    #2

    Well, I tend to think that it would be to the demise of CodeProject for this to be able to be done, because then no one would be able to use CP code for fear that its owner might change the license when they already are using it. At the very least, they should not be allowed to impose the new license on projects that had already used the code before they changed the license. If they want to sell an app/lib with that code in it after they've already posted it to CodeProject, let them do it! But they must not impose the license on those who are already using their code in their apps, because it had a different license.

    "Blessed are the peacemakers, for they shall be called sons of God." - Jesus
    "You must be the change you wish to see in the world." - Mahatma Gandhi

    1 Reply Last reply
    0
    • R rolfyone

      (pls note... this was published on the c# forum by mistake, and i'll be removing it from there straight after this post) Hi there, I'm posting here with something that I believe is an issue that requires an administrators feedback to get resolved. See the problem is that it's a licensing issue about someone deciding to smack a license on their product after publishing here. here's a link to the forum... http://www.codeproject.com/cs/miscctrl/sortedlistview.asp?select=588727&df=100&forumid=3615&msg=588727#xx588645xx I'm not writing here for validation. What I would really like is for someone to have a read, and let us all know whether someone can just retrospectively add a license in the way that this individual has attempted to do. I homestly think I'm right, that it can't be done... but it's not the first time i've been incorrect with legal stuff, so I'll give in if the administrators of this site believe that he can retro-fit a license and that I'm wrong. The one thing I'm sure of is that I'm convinced that what I'm saying is correct, and Carlos is convinced that what he's saying is correct. I think we need a little arbitration Thanks very much for any input regarding this issue. Maybe it should become a FAQ so that people are aware of what is correct and incorrect in disputes such as this? Thanks, Rolfy.

      C Offline
      C Offline
      Chris Maunder
      wrote on last edited by
      #3

      Carlos' articles are an issue that I am currently dealing with. The long and the short of it is that Carlos has provided the community with some great code but, like CodeJock and BCG Software before him, he has decided to turn his classes into a commercial venture. We wish him all the best, and it's great to see a CodeProject member make his hobby his job, but it does also mean that all his articles (including the one you pointed out) will be removed at his request. Carlos retains the right to do what he wishes with his articles. His code is in the public domain so he cannot ask you to stop using code that was downloaded previous to his desire to change his licencing terms, but he can ask us to stop redistributing it - which we will honour. This is sad because Carlos' articles filled a hole (albeit it a small one) we had. The whole issue of Terms of Use is something we have been grappling with for (believe it or not) 18 months. We are planning (in fact I'm hoping to have something Monday) to put the whole question of Terms for authors and readers onto a much firmer footing so that everyone knows exactly where they stand. Balancing free use with copyright and ownership has proved to be a nice little windfall for our lawyer ;) My suggestion: Let's have a competition. We list all articles that we think need to be written (including any that Carlos wishes to no longer make available) and we simply rewrite them. There are half a million of us - I can't see that it will be that hard to do! cheers, Chris Maunder

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      • C Chris Maunder

        Carlos' articles are an issue that I am currently dealing with. The long and the short of it is that Carlos has provided the community with some great code but, like CodeJock and BCG Software before him, he has decided to turn his classes into a commercial venture. We wish him all the best, and it's great to see a CodeProject member make his hobby his job, but it does also mean that all his articles (including the one you pointed out) will be removed at his request. Carlos retains the right to do what he wishes with his articles. His code is in the public domain so he cannot ask you to stop using code that was downloaded previous to his desire to change his licencing terms, but he can ask us to stop redistributing it - which we will honour. This is sad because Carlos' articles filled a hole (albeit it a small one) we had. The whole issue of Terms of Use is something we have been grappling with for (believe it or not) 18 months. We are planning (in fact I'm hoping to have something Monday) to put the whole question of Terms for authors and readers onto a much firmer footing so that everyone knows exactly where they stand. Balancing free use with copyright and ownership has proved to be a nice little windfall for our lawyer ;) My suggestion: Let's have a competition. We list all articles that we think need to be written (including any that Carlos wishes to no longer make available) and we simply rewrite them. There are half a million of us - I can't see that it will be that hard to do! cheers, Chris Maunder

        R Offline
        R Offline
        rolfyone
        wrote on last edited by
        #4

        :) so in short, if we wish to use what we have downloaded prior to when Carlos went all commercial, then we are within our rights to do so. Thanks heaps Chris, for clearing this issue up for us all so quickly :) Rolfy.

        1 Reply Last reply
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        • C Chris Maunder

          Carlos' articles are an issue that I am currently dealing with. The long and the short of it is that Carlos has provided the community with some great code but, like CodeJock and BCG Software before him, he has decided to turn his classes into a commercial venture. We wish him all the best, and it's great to see a CodeProject member make his hobby his job, but it does also mean that all his articles (including the one you pointed out) will be removed at his request. Carlos retains the right to do what he wishes with his articles. His code is in the public domain so he cannot ask you to stop using code that was downloaded previous to his desire to change his licencing terms, but he can ask us to stop redistributing it - which we will honour. This is sad because Carlos' articles filled a hole (albeit it a small one) we had. The whole issue of Terms of Use is something we have been grappling with for (believe it or not) 18 months. We are planning (in fact I'm hoping to have something Monday) to put the whole question of Terms for authors and readers onto a much firmer footing so that everyone knows exactly where they stand. Balancing free use with copyright and ownership has proved to be a nice little windfall for our lawyer ;) My suggestion: Let's have a competition. We list all articles that we think need to be written (including any that Carlos wishes to no longer make available) and we simply rewrite them. There are half a million of us - I can't see that it will be that hard to do! cheers, Chris Maunder

          J Offline
          J Offline
          J Dunlap
          wrote on last edited by
          #5

          Do you want articles about controls from our FLUID GUI Library?

          "Blessed are the peacemakers, for they shall be called sons of God." - Jesus
          "You must be the change you wish to see in the world." - Mahatma Gandhi

          C 1 Reply Last reply
          0
          • C Chris Maunder

            Carlos' articles are an issue that I am currently dealing with. The long and the short of it is that Carlos has provided the community with some great code but, like CodeJock and BCG Software before him, he has decided to turn his classes into a commercial venture. We wish him all the best, and it's great to see a CodeProject member make his hobby his job, but it does also mean that all his articles (including the one you pointed out) will be removed at his request. Carlos retains the right to do what he wishes with his articles. His code is in the public domain so he cannot ask you to stop using code that was downloaded previous to his desire to change his licencing terms, but he can ask us to stop redistributing it - which we will honour. This is sad because Carlos' articles filled a hole (albeit it a small one) we had. The whole issue of Terms of Use is something we have been grappling with for (believe it or not) 18 months. We are planning (in fact I'm hoping to have something Monday) to put the whole question of Terms for authors and readers onto a much firmer footing so that everyone knows exactly where they stand. Balancing free use with copyright and ownership has proved to be a nice little windfall for our lawyer ;) My suggestion: Let's have a competition. We list all articles that we think need to be written (including any that Carlos wishes to no longer make available) and we simply rewrite them. There are half a million of us - I can't see that it will be that hard to do! cheers, Chris Maunder

            J Offline
            J Offline
            J Dunlap
            wrote on last edited by
            #6

            BTW, well-said!

            "Blessed are the peacemakers, for they shall be called sons of God." - Jesus
            "You must be the change you wish to see in the world." - Mahatma Gandhi

            1 Reply Last reply
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            • J J Dunlap

              Do you want articles about controls from our FLUID GUI Library?

              "Blessed are the peacemakers, for they shall be called sons of God." - Jesus
              "You must be the change you wish to see in the world." - Mahatma Gandhi

              C Offline
              C Offline
              Chris Maunder
              wrote on last edited by
              #7

              I was hoping that was always part of the plan! ;) cheers, Chris Maunder

              J 1 Reply Last reply
              0
              • C Chris Maunder

                I was hoping that was always part of the plan! ;) cheers, Chris Maunder

                J Offline
                J Offline
                J Dunlap
                wrote on last edited by
                #8

                It was! BTW, in case you didn't know, we, too, are moving off CodeProject, because we need more than it can provide. But I will be more than happy to write articles for the controls, to put on CodeProject. And they will be high-quality articles and controls.

                "Blessed are the peacemakers, for they shall be called sons of God." - Jesus
                "You must be the change you wish to see in the world." - Mahatma Gandhi

                1 Reply Last reply
                0
                • C Chris Maunder

                  Carlos' articles are an issue that I am currently dealing with. The long and the short of it is that Carlos has provided the community with some great code but, like CodeJock and BCG Software before him, he has decided to turn his classes into a commercial venture. We wish him all the best, and it's great to see a CodeProject member make his hobby his job, but it does also mean that all his articles (including the one you pointed out) will be removed at his request. Carlos retains the right to do what he wishes with his articles. His code is in the public domain so he cannot ask you to stop using code that was downloaded previous to his desire to change his licencing terms, but he can ask us to stop redistributing it - which we will honour. This is sad because Carlos' articles filled a hole (albeit it a small one) we had. The whole issue of Terms of Use is something we have been grappling with for (believe it or not) 18 months. We are planning (in fact I'm hoping to have something Monday) to put the whole question of Terms for authors and readers onto a much firmer footing so that everyone knows exactly where they stand. Balancing free use with copyright and ownership has proved to be a nice little windfall for our lawyer ;) My suggestion: Let's have a competition. We list all articles that we think need to be written (including any that Carlos wishes to no longer make available) and we simply rewrite them. There are half a million of us - I can't see that it will be that hard to do! cheers, Chris Maunder

                  J Offline
                  J Offline
                  Joey Bloggs
                  wrote on last edited by
                  #9

                  Yes but can we vote him out of the community and/or off the planet. Have no problems with him starting a commercial venture. But trying to pull existing articles and code just seems churlish to me. Like he hasn't cribbed idea's and snippets of code from everyone else here. Not impressed Carlos :mad: X|

                  H 1 Reply Last reply
                  0
                  • C Chris Maunder

                    Carlos' articles are an issue that I am currently dealing with. The long and the short of it is that Carlos has provided the community with some great code but, like CodeJock and BCG Software before him, he has decided to turn his classes into a commercial venture. We wish him all the best, and it's great to see a CodeProject member make his hobby his job, but it does also mean that all his articles (including the one you pointed out) will be removed at his request. Carlos retains the right to do what he wishes with his articles. His code is in the public domain so he cannot ask you to stop using code that was downloaded previous to his desire to change his licencing terms, but he can ask us to stop redistributing it - which we will honour. This is sad because Carlos' articles filled a hole (albeit it a small one) we had. The whole issue of Terms of Use is something we have been grappling with for (believe it or not) 18 months. We are planning (in fact I'm hoping to have something Monday) to put the whole question of Terms for authors and readers onto a much firmer footing so that everyone knows exactly where they stand. Balancing free use with copyright and ownership has proved to be a nice little windfall for our lawyer ;) My suggestion: Let's have a competition. We list all articles that we think need to be written (including any that Carlos wishes to no longer make available) and we simply rewrite them. There are half a million of us - I can't see that it will be that hard to do! cheers, Chris Maunder

                    H Offline
                    H Offline
                    HPSI
                    wrote on last edited by
                    #10

                    Chris, Have you considered simply rating articles on their license? Perhaps even include this in the Submission Wizard, for authors to supply: - no restrictions whatsoever - some restrictions, but ok to use in commercial apps - cannot use in commercial apps This way, there won't be any future claim that "there never was any license". HPS HwndSpy - GUI developer's aid to visually locate and inspect windows. For the month of August only, use coupon code CP-81239 for 30% off.

                    J 1 Reply Last reply
                    0
                    • C Chris Maunder

                      Carlos' articles are an issue that I am currently dealing with. The long and the short of it is that Carlos has provided the community with some great code but, like CodeJock and BCG Software before him, he has decided to turn his classes into a commercial venture. We wish him all the best, and it's great to see a CodeProject member make his hobby his job, but it does also mean that all his articles (including the one you pointed out) will be removed at his request. Carlos retains the right to do what he wishes with his articles. His code is in the public domain so he cannot ask you to stop using code that was downloaded previous to his desire to change his licencing terms, but he can ask us to stop redistributing it - which we will honour. This is sad because Carlos' articles filled a hole (albeit it a small one) we had. The whole issue of Terms of Use is something we have been grappling with for (believe it or not) 18 months. We are planning (in fact I'm hoping to have something Monday) to put the whole question of Terms for authors and readers onto a much firmer footing so that everyone knows exactly where they stand. Balancing free use with copyright and ownership has proved to be a nice little windfall for our lawyer ;) My suggestion: Let's have a competition. We list all articles that we think need to be written (including any that Carlos wishes to no longer make available) and we simply rewrite them. There are half a million of us - I can't see that it will be that hard to do! cheers, Chris Maunder

                      P Offline
                      P Offline
                      peterchen
                      wrote on last edited by
                      #11

                      Scotty - Motivation On! :)


                      "Der Geist des Kriegers ist erwacht / Ich hab die Macht" StS
                      sighist | Agile Programming | doxygen

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                      • J Joey Bloggs

                        Yes but can we vote him out of the community and/or off the planet. Have no problems with him starting a commercial venture. But trying to pull existing articles and code just seems churlish to me. Like he hasn't cribbed idea's and snippets of code from everyone else here. Not impressed Carlos :mad: X|

                        H Offline
                        H Offline
                        HPSI
                        wrote on last edited by
                        #12

                        Joey Bloggs wrote: trying to pull existing articles and code just seems churlish to me Yes, but it's been done on CP before, without much notice. HPS HwndSpy - GUI developer's aid to visually locate and inspect windows. For the month of August only, use coupon code CP-81239 for 30% off.

                        1 Reply Last reply
                        0
                        • R rolfyone

                          (pls note... this was published on the c# forum by mistake, and i'll be removing it from there straight after this post) Hi there, I'm posting here with something that I believe is an issue that requires an administrators feedback to get resolved. See the problem is that it's a licensing issue about someone deciding to smack a license on their product after publishing here. here's a link to the forum... http://www.codeproject.com/cs/miscctrl/sortedlistview.asp?select=588727&df=100&forumid=3615&msg=588727#xx588645xx I'm not writing here for validation. What I would really like is for someone to have a read, and let us all know whether someone can just retrospectively add a license in the way that this individual has attempted to do. I homestly think I'm right, that it can't be done... but it's not the first time i've been incorrect with legal stuff, so I'll give in if the administrators of this site believe that he can retro-fit a license and that I'm wrong. The one thing I'm sure of is that I'm convinced that what I'm saying is correct, and Carlos is convinced that what he's saying is correct. I think we need a little arbitration Thanks very much for any input regarding this issue. Maybe it should become a FAQ so that people are aware of what is correct and incorrect in disputes such as this? Thanks, Rolfy.

                          L Offline
                          L Offline
                          Lost User
                          wrote on last edited by
                          #13

                          Not even Microsoft can do that ! There was no initial contract specifying that retroactive changes would happen, therefore it is invalid. Elaine :rose: The tigress is here :-D

                          1 Reply Last reply
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                          • H HPSI

                            Chris, Have you considered simply rating articles on their license? Perhaps even include this in the Submission Wizard, for authors to supply: - no restrictions whatsoever - some restrictions, but ok to use in commercial apps - cannot use in commercial apps This way, there won't be any future claim that "there never was any license". HPS HwndSpy - GUI developer's aid to visually locate and inspect windows. For the month of August only, use coupon code CP-81239 for 30% off.

                            J Offline
                            J Offline
                            Joey Bloggs
                            wrote on last edited by
                            #14

                            I think that the current situation where all code submitted is immediately placed into the public domain is the correct one. We really do not need to bogged down in PD, GPL, LGPL etc etc You could also argue PD for the article. If they are not prepared to place the code and its documentation into the public domain then don't publish it on Code Project, its really very simple. They can pay a publishing house to print it up for them. It is called "vanity publishing". Downside is the possiblity that we miss out on a few articles and projects, which is infinitely better than the alternative.

                            H 1 Reply Last reply
                            0
                            • C Chris Maunder

                              Carlos' articles are an issue that I am currently dealing with. The long and the short of it is that Carlos has provided the community with some great code but, like CodeJock and BCG Software before him, he has decided to turn his classes into a commercial venture. We wish him all the best, and it's great to see a CodeProject member make his hobby his job, but it does also mean that all his articles (including the one you pointed out) will be removed at his request. Carlos retains the right to do what he wishes with his articles. His code is in the public domain so he cannot ask you to stop using code that was downloaded previous to his desire to change his licencing terms, but he can ask us to stop redistributing it - which we will honour. This is sad because Carlos' articles filled a hole (albeit it a small one) we had. The whole issue of Terms of Use is something we have been grappling with for (believe it or not) 18 months. We are planning (in fact I'm hoping to have something Monday) to put the whole question of Terms for authors and readers onto a much firmer footing so that everyone knows exactly where they stand. Balancing free use with copyright and ownership has proved to be a nice little windfall for our lawyer ;) My suggestion: Let's have a competition. We list all articles that we think need to be written (including any that Carlos wishes to no longer make available) and we simply rewrite them. There are half a million of us - I can't see that it will be that hard to do! cheers, Chris Maunder

                              G Offline
                              G Offline
                              George
                              wrote on last edited by
                              #15

                              Chris Maunder wrote: The whole issue of Terms of Use is something we have been grappling with for (believe it or not) 18 months. That issue should never happen if Code Project was simply enforcing that any article contributed makes clear as to under what license it's distributed. For example at Source Forge you have to choose from available approved Open Source licenses or wait for approval if your license differs. Code Project is not making that part clear and it can only get worse with time. There are some GPL articles here and many people believes that if it's published on CP then GPL no longer applies. Its a ticking time bomb that might cause a serious problems in the future. The whole issue can be resolved instantly by enforcing contributors to choose from approved by CP licenses or to declare their own license that will be reviewed and either approved or rejected. As a side effect the license enforcement would probably reduce the flow of crappy artciles we are observing lately if articles were reviewed before allowing them to show up as CP articles.

                              /* I C++, therefore I am... */

                              H 1 Reply Last reply
                              0
                              • J Joey Bloggs

                                I think that the current situation where all code submitted is immediately placed into the public domain is the correct one. We really do not need to bogged down in PD, GPL, LGPL etc etc You could also argue PD for the article. If they are not prepared to place the code and its documentation into the public domain then don't publish it on Code Project, its really very simple. They can pay a publishing house to print it up for them. It is called "vanity publishing". Downside is the possiblity that we miss out on a few articles and projects, which is infinitely better than the alternative.

                                H Offline
                                H Offline
                                HPSI
                                wrote on last edited by
                                #16

                                Joey Bloggs wrote: the current situation where all code submitted is immediately placed into the public domain Yes, that would be nice, but unfortunately it is not the current situation. There are now articles on CP that range all the way from PD to GPL to non-commercial use only. Sometimes this is stated in the article, sometimes you have to download and inspect the module headers to determine the status. It's now a mess, and an explicit declaration would help people figure out if they can use the article code in their app. HPS HwndSpy - GUI developer's aid to visually locate and inspect windows. For the month of August only, use coupon code CP-81239 for 30% off.

                                J 1 Reply Last reply
                                0
                                • G George

                                  Chris Maunder wrote: The whole issue of Terms of Use is something we have been grappling with for (believe it or not) 18 months. That issue should never happen if Code Project was simply enforcing that any article contributed makes clear as to under what license it's distributed. For example at Source Forge you have to choose from available approved Open Source licenses or wait for approval if your license differs. Code Project is not making that part clear and it can only get worse with time. There are some GPL articles here and many people believes that if it's published on CP then GPL no longer applies. Its a ticking time bomb that might cause a serious problems in the future. The whole issue can be resolved instantly by enforcing contributors to choose from approved by CP licenses or to declare their own license that will be reviewed and either approved or rejected. As a side effect the license enforcement would probably reduce the flow of crappy artciles we are observing lately if articles were reviewed before allowing them to show up as CP articles.

                                  /* I C++, therefore I am... */

                                  H Offline
                                  H Offline
                                  HPSI
                                  wrote on last edited by
                                  #17

                                  Thank you. HPS HwndSpy - GUI developer's aid to visually locate and inspect windows. For the month of August only, use coupon code CP-81239 for 30% off.

                                  1 Reply Last reply
                                  0
                                  • H HPSI

                                    Joey Bloggs wrote: the current situation where all code submitted is immediately placed into the public domain Yes, that would be nice, but unfortunately it is not the current situation. There are now articles on CP that range all the way from PD to GPL to non-commercial use only. Sometimes this is stated in the article, sometimes you have to download and inspect the module headers to determine the status. It's now a mess, and an explicit declaration would help people figure out if they can use the article code in their app. HPS HwndSpy - GUI developer's aid to visually locate and inspect windows. For the month of August only, use coupon code CP-81239 for 30% off.

                                    J Offline
                                    J Offline
                                    Joey Bloggs
                                    wrote on last edited by
                                    #18

                                    Ok I see where you are coming from now. I still think that the fix is for code project submission rules to be that all code submitted goes immediately into the PD. No discussion / no exceptions. Rather than a mess of different licences. CodeProject is primarily about small works not large frameworks or complete projects / applications.

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