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PUBLIC NOTICE: atscap and pchdtvr GPL revoked
PostPosted: Fri Jan 25, 2008 1:32 pm Reply with quote
inkling
 
Joined: 05 Feb 2004
Posts: 342




http://sourceforge.net/developer/diary.php?diary_id=26407&diary_user=147583

Full text follows:

Date: 2008-01-11 14:45
Subject: PUBLIC NOTICE: atscap and pchdtvr GPL revoked

I have revoked the licensing under the GNU General Public License (herein after referred to as "the GPL") for the atscap version 1.1 codebase, all prior versions of the atscap codebase and all the various release candidates of the atscap codebase.

I have also revoked the licensing under the GPL for the pchdtvr version 1.0 codebase, all prior versions of the pchdtvr codebase and all release candidates of the pchdtvr codebase, including all of the various interim pchdtvr versions after version 1.0 and before the name was changed to atscap.


As sole author of both the atscap and the pchdtvr codebases, the licenses under the GPL were granted at my sole discretion and the licenses under the GPL are now hereby revoked at my sole discretion.


I am removing the atscap and the pchdtvr codebase packages from all public and private distribution by asserting my rights to control the usage and distribution of my own creations as specified by the Copyright Laws of the United States of America and the Protocols of the Berne Convention for the Protection of Literary and Artistic Works.


The following files in the atscap distribution are affected:

atscap.c
atscut.c
xtscut.c
xsig.c
common.h
xtc_signals.c
btfd.sh
mpeg.sh
xtc.sh
get-samples.sh
atscap.1.gz
atscut.1.gz
xtscut.1.gz
atscap_conf.5.gz
atscap.README.gz
atscap.CHANGELOG.gz
atscap.FEATURES.gz
atscap.NEWS.gz
TODO
Makefile

and any binaries, executables, or text files that have been compiled or installed, by action of the user or the Makefile or any other method, that originated from the above listed files.

The following files in the atscap distribution are NOT affected:

xtc_libvo.c
video_out.h
ingo-fifo.txt
rxsock.c
rzloop.c


The following files in the pchdtvr distribution are affected:

pchdtvr.c
atscut.c
xtscut.c
xsig.c
atscap.FEATURES
pchdtvr.FEATURES
pchdtvr.0.conf.sample

and any binaries, executables or text files that have been compiled or installed, by action of the user or the Makefile or any other method, that originated from the above listed files.

The following files in the pchdtvr distribution are NOT affected:

ingo-fifo.txt
rxsock.c


If you are currently using the atscap or pchdtvr packages, or any part thereof, it is in your best interest to remove the software from your systems and destroy all copies in your possession.


If you have incorporated the atscap or pchdtvr codebase, or any part thereof, into any of your projects, it is in your best interest to remove any and all of my code from your projects.


If you are currently distributing the atscap or pchdtvr packages, or any part thereof, it is in your best interest to destroy all copies in your possession and notify all recipients of either the atscap or pchdtvr packages, or any part thereof, that the licensing under the GPL for both packages has been revoked by the author.


PUBLIC NOTICE: atscap and pchdtvr GPL revoked 2008-01-11 14:45
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Re: PUBLIC NOTICE: atscap and pchdtvr GPL revoked
PostPosted: Fri Jan 25, 2008 3:26 pm Reply with quote
gpl-info
 
Joined: 25 Jan 2008
Posts: 12




inkling wrote:
Date: 2008-01-11 14:45
Subject: PUBLIC NOTICE: atscap and pchdtvr GPL revoked


Anyone (inkling included) care to elaborate as to the back story for why this change?
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PostPosted: Fri Jan 25, 2008 3:29 pm Reply with quote
xyzzy
 
Joined: 12 Feb 2006
Posts: 225




Since some of the files in the distribution aren't affected, I'm guessing you didn't write them. If that's the case, then the project is a derived work of GPL software. Your previous distribution of it is only legal under the terms of the GPL. You can't retroactively un-distribute them.
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Re: PUBLIC NOTICE: atscap and pchdtvr GPL revoked
PostPosted: Fri Jan 25, 2008 3:33 pm Reply with quote
gpl-info
 
Joined: 25 Jan 2008
Posts: 12




inkling wrote:
Date: 2008-01-11 14:45
Subject: PUBLIC NOTICE: atscap and pchdtvr GPL revoked


Also, before everyone goes running off deleting their copies of atscap/pchdtvr, note that the copies that have already been distrubuted can not have their GPL licencing revoked, so they remain forever available, and legal, to have and use.

Note from the FSF's FAQ re the GPL:

http://www.fsf.org/licensing/licenses/gpl-faq.html#CanDeveloperThirdParty

Can the developer of a program who distributed it under the GPL later license it to another party for exclusive use?

No, because the public already has the right to use the program under the GPL, and this right cannot be withdrawn.

So, does anyone have a copy of the last distributed versions of pcdhtvr and atscap that were licenced under the GPL? If so, 1) don't delete it, and 2) it should be placed somewhere that the public can continue to obtain copies of it.
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Re: PUBLIC NOTICE: atscap and pchdtvr GPL revoked
PostPosted: Fri Jan 25, 2008 10:47 pm Reply with quote
bmn
 
Joined: 18 Jan 2006
Posts: 2




You can't retroactively revoke the GPL License. All previous software and code that was released under the GPL is forever free to distribute. It'll be up on Bittorrent before the weekend's over because your attempt at revoking the GPL has made Slashdot.
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PostPosted: Sat Jan 26, 2008 8:14 am Reply with quote
tamarok
 
Joined: 26 Jan 2008
Posts: 1




I would be curious to know the reasoning behind this. A better explanation of the reasoning would help us decide whether the is permissible or not. For example if the code was not the author's to license, then he is illegally applying the GPL and therefore anyone in possession is also handling illegally licensed goods. This would happen if he originally developed the software for an employer of his, for example. On the other hand if it is because he has decided that he no longer wants it be open source, without a legal reason, then he could technically do that if he is sole author and owner, but this would only apply to future versions of his code and not what has already been distributed.

Given the current status and the unclear situation, I am tempted to say hold on to the source until the 'author' can state the reasons for changing the license.

Looks like he shut down the project completely at Sourceforge, so there is no way to see what was available.
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PostPosted: Sat Jan 26, 2008 12:59 pm Reply with quote
xyzzy
 
Joined: 12 Feb 2006
Posts: 225




The lesson is, if you want to un-release some software, don't announce it! Just make the links go dead without saying anything and maybe all the copies will be lost before anyone notices. Making a big "stop distributing" announcement just has the opposite effect.

We don't really know why "inkling" has decided to do this. It could be it wasn't his code to release or he's violated some kind of contract with an employer when he did it. I know when he submitted some patches for the kernel driver, he wouldn't provide his name to sign off on the code, something that is now required for kernel contributors (because of the SCO lawsuit). In fact, he seems quite reluctant to reveal who he is. In a google search, all I could find was the name "Merrick Johnson" associated with him, but I have no idea if that's correct.

It could be he's doing this because someone is ripping him off. Maybe there is a DVR product/software out there that's based on pcdhtvr with the name and copyright changed. There are a lot of people doing this. It's happened to me, and while I haven't un-GPLed anything I wrote (doubt it's legal, and even if it was, it would never work), but I have decided not to GPL software I could have.
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PostPosted: Sat Jan 26, 2008 2:50 pm Reply with quote
bmn
 
Joined: 18 Jan 2006
Posts: 2




After thinking about this some more, my best guess would be that the author of atscap received legal threats from an undisclosed entity. It would certainly explain the dramatic and sudden change in attitude towards the program.
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Re: PUBLIC NOTICE: atscap and pchdtvr GPL revoked
PostPosted: Sun Jan 27, 2008 7:24 am Reply with quote
gpl-info
 
Joined: 25 Jan 2008
Posts: 12




inkling wrote:
http://sourceforge.net/developer/diary.php?diary_id=26407&diary_user=147583

Full text follows:

Date: 2008-01-11 14:45
Subject: PUBLIC NOTICE: atscap and pchdtvr GPL revoked


The story of the author's actions has made Slashdot. The comments contain several links to the gpl released version of atscap.

http://yro.slashdot.org/article.pl?sid=08/01/26/0341210
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Re: PUBLIC NOTICE: atscap and pchdtvr GPL revoked
PostPosted: Sun Jan 27, 2008 7:37 am Reply with quote
gpl-info
 
Joined: 25 Jan 2008
Posts: 12




Because of the author's illegal attempt to revoke the GPL on previously released copies of atscap, the Slashdot discussion has resulted in a new GPL fork of atscap being released on sourceforge:

http://sourceforge.net/projects/atscap-gpl/

The GPL specifically forbids revocation of the freedoms granted in clause 4:

4. You may not copy, modify, sublicense, or distribute the Program except as expressly provided under this License. Any attempt otherwise to copy, modify, sublicense or distribute the Program is void, and will automatically terminate your rights under this License. However, parties who have received copies, or rights, from you under this License will not have their licenses terminated so long as such parties remain in full compliance.
(this quote is from the GPL LICENCE file distributed with atscap)

The copy of atscap that is presently being forked to become the sourceforge seed is a couple months old. If anyone has a copy of a later revision or better yet the latest GPL copy from just before the author's illegal attempt to revoke the licence, they should contact the Sourceforge project maintainer and give the new project a copy of that version as well.
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Re: PUBLIC NOTICE: atscap and pchdtvr GPL revoked
PostPosted: Sun Jan 27, 2008 2:41 pm Reply with quote
gpl-info
 
Joined: 25 Jan 2008
Posts: 12




Yet another mirror of the GPL software has been made available:

http://www.infowares.com/atscap/
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