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Until now, non-GPL extensions were wanted and welcome (the status quo)
Still are! This isn't a determination about the worth of these past proprietary projects, merely a technical issue about how can you do this without violating the license. The fact that an attempt was made to allow these via a rider should tell you everything you need to know about the attitude of the developers towards P3PD development. Were they all in agreement? Maybe not... it is hard for any group to ever be in 100% agreement on any issue. I believe (I certainly can not speak for them in a credible way) that most did (and do) not care if someone releases a proprietary extention for Joomla. I don't think there was ever a question as to whether these extentions were derivatives or not. It's quite obvious that most were. being a derivative is not the issue, using J! code in your proprietary work is not the issue merely a technicality. The issue at the heart of this is can Joomla get away with encouraging and supporting P3PD releases that violate the GPL license and not suffer the consequences of limiting the vast array of GPL code from being used in Joomla because of that support.
Unfortunatly the rider carried a price that when it was brought up and identified seemed to have too high of a price to pay for all just to accomodate such a small percentage of the developer population. That price was the possible issue of having to remove any GPL code being used in Joomla which to many (me being one of them) is the much greater loss than the availablility of the few proprietary extentions that existed.
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Currently extensions are seen as derivative works, and therefore must fall under the GPL
First off they don't have to fall under the GPL...Lets be precise here they have to be COMPATIBLE (released under a compatible license) with the GPL. There is a pretty comprehensive list of NON-GPL licenses on the GNU site that can be used and are considered compatible with the GPL.
As to your point...
I would have to say this was always the case. And it is true for most extentions that work with J!...Are there exceptions? SURE! but Joomla/OSM doesn't have the resources or workforce to go through each extention, examine the code, see how it interacts with J! and then make a specific statement on each proprietary project. THIS is why the idea of consulting your own lawyer was suggested. If your project can be legally represented as NOT DERIVATIVE then the GPL derivative clause does not apply to your project and you are welcome to release it under any license you want.
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The technical issue we are trying to solve is to adjust how the extensions connect to Joomla so that they are no longer considered derivative works of Joomla
CORRECT! this is a technical issue. which is why I keep saying that statements from Joomla/OSM can not solve these issues for P3PDs...Derivation is a technicality of the GPL. You get around a technicality by creating a technique for getting around that technicality. Not by demanding statements, forming Developer alliances to complain, sending FUD emails, using Scare Tactics, withdrawing support of your product or running to some other GPL product thinking that same GPL technicality doesn't exist because it hasn't come up on their forum yet.
There are technical solution available. Some involve a small change to business model, some involve a small change to how the program works and is released either via multi licensed released (LGPL bridge, Proprietary core) or via use of a standalone application that does not use the J! api at all or in a way that is not considered derivative. I have ideas on how to the the latter which I won't go into here...I have already commented on how to do the bridge option on other threads.
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This will allow the proprietary extensions to remain under their current licenses (the status quo). If attitudes have not changed, this should be wanted and welcome
As I just said...Attitude can't change the technicality. It is a matter of operation not mindset that is at the heart of the problem here. The Joomla Devs (Jinx Specifically) has already stated that they are going to work towards a TECHNICAL solution in the drive towards V2.0, Has any P3PD signed on to help his own cause and help facilitate this faster? NO! They are being too self centered and only want to work on the code that makes them money not the project all that work is based on...it is THIS attitude that needs changing not the attitude of Joomla/OSM...
the situation before all of this was...Yes what your doing is probably illegal but I won't squeal on you. Many even thought that what was going on should not be illegal but they do not have the power to make it such. Not without paying a price. As I said in this case the price was too expensive. Joomla/OSM has said pretty much the same thing. They aren't going to be sticklers about this issue and force anyone else to become legal or to follow the letter of the law, and they will help those who do wish to become legal and safe from any action by anyone else not related to J! so that their contribution can remain OFFICIALLY supported by the community and project. There will be no use of force and no running to the authorities and lawyers to get people to comply. Smoking pot is illegal in the US. I disagree with that law and I see people smoking it all the time. I do not report them or try to stop them from breaking that law I don't agree with but I sure don't go around telling people hey that law should not be there go ahead and light up. In the same way Joomla/OSM does not feel right saying go ahead ignore that part of the GPL law we disagree with and encourage what some consider illegal behavior. That is a personal choice you have to make yourself and if anyone encourages you they too could pay the price for your transgression.
There are many Mob Bosses in Jail for doing the same kind of thing. They don't actually commit murder but they encourage others to do it. they are considered by the courts to be just as much responsible as the guy who pulled the trigger...Joomla can not allow itself to be brought into your breach of law as they do not sell product and don't have the revenue stream a proprietary developer has to defend itself...
Your last three point all talk again to attitude which I have already said many times is not the issue so I won't comment on them further...It's a technical issue not a mindset at the heart of the problem.
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Everyone seems to assume that a solution requires some compromise - either breaking the GPL or relicensing the proprietary extensions using something GPL compatible. I don't believe thats true.
Only the P3PDs have said this...It is their stubborn attitude and refusal to compromise that leaves them just those two choices...
Other options they have turned down:
1 - LGPL Bridging of extentions.
2 - Joining the project to help get the API/CORE seperation needed for V2.0 that will allow a more flexible licensing system for J! that will in turn allow a more flexible licensing choice for extentions that use that API.
3 - Getting legal counsel to determine if their project is in fact a derivative and must change the license
4 - Finding a GPL compatible license that meets their needs.
5 - Changing their business model so that the same money can be made no matter what license (GPL or not) the project is released under.
6 - (hardly discussed) creating or changing your license to make it compatible with the GPL while still providing you exclusivity of distribution to your version of the code. this would allow others to modify and release those modifications but deny distribution without first modifying the code. I believe you could make this license (if you wanted to) and create a new license that GNU might say is compatible with the GPL if written correctly and addressed their requirements of what is compatible with GPL.
The problem is that the P3PDs want Joomla to do all the compromising so they don't have to. why should anyone accomodate them when they sure do not want to accomodate anyone without pay...It is this selfish attitude I believe that needs the changing and it is this attitude that has left them very few choices. "You want what I have, you have to pay me." "I want what you have but I want it for free...without any work or cost to me"...Very selfish if you ask me...
Not all P3PDs have shown this attitude mind you...I'm not even sure that the ones that have constitute a majority of P3PDs who offer products for use in J!....Could just be a very vocal Minority!
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So the vital question is:
Do you want non-GPL extensions or not?
If you want a direct answer from the community...
My answer is no! I don't use them or need them!
Let me ask you...
do you think Joomla NEEDS them? I sure don't!
They aren't written any better than the GPL stuff, Can't be fixed by the user like the GPL stuff, Can't identify security holes and fix them like you can with the GPL stuff and when they get abandoned they are abandoned for good where as a GPL offerring can rise like a phoenix from the ashes and be brought back to life as new and improved....You want to see an example of that look no further than Joomla itself...
Mambo was for all intents and purposes a dead proprietary project that did little for the end user because the features just weren't there. When it was released to the GPL so that anyone could develop it further it has grown to the status it is at today. (as both Joomla and Mambo)
Most proprietary extentions are the same as they were when they were first released...bug fixes maybe have been added and some minor tweaks for compatability purposes may have been made but for the most part these program do no more than they did from the start. Not the case with the GPL releases because if you want your project to be used you have to keep adding features to keep up with the features someone else added to it.
GPL is there to encourage community contribution to code. since mnore people can contribute more features get made. what I would support is a new licensing that would allow P3PDs to keep exclusivity of just their version but allow new versions to be created and added to by the community.
And I'm willing to bet it could be done and accepted by GNU as a compatible license if done correctly...
As I said before the P3PDs will have to do these things for themselves...Instead of insisting Joomla change their license to suit them they should try to change their license to suit GNU and the FSF inregards to what is compatible in a way that allows them to keep their current business model.