Mambo has not changed its position on how it enforces its copyright license. It is the same position that was implicit prior to 2004 and which was explicitly stated in the Licensing Guidelines that came into effect in 2004.
Mambo's positon only applies to code that they own...
I do, however, know that those who contributed to the Mambo code signed a copyright agreement with Miro International Pty Ltd. This was legally assigned to the Mambo Foundation, Inc, who holds the copyright in Mambo from 2000 on. The signed copies are on file.
Do these signed copies say you can change the license to LGPL? IF the contract that was signed agreed that the contribution would remain GPL then Mambo could be in breach of contract with those contributors for changing the license without a renegotiation of that cointract.
The quote you took, out of context, is simply affirming that if a developer does not use Mambo code or otherwise infringe on the Mambo copyright then they are perfectly entitled to license their extension in any way they want. Its their IP after all.
No one has taken this out of context. in fact J! has taken the same position as no one has said that ANY extention is derivative and that there may be some extentions that are not derivative works. All that statement from Mambo does is ensure Mambo won't prosectute but it does nothing to protect anyone from some other GPL copyright owner who contributed to Mambo. They contributed GPL not LGPL.
The statement you say is being taken out of context really is meaningless since it is almost impossible to integrate an extention without using some code from the core. component extention must use some of the core in regards to configuration. Thats making a combined work since you can't configure the component without using that mambo code.
So while it mambo sound very permissive the truth is it will be rare that anyone could make an extention of Mambo that Mambo couldn't sue them for anytime they wanted. And what mambo didn't think of is that by giving that tacit permission they can be brought to court by one of the developers who they signed that copyright contract with as well as the user who violated it by creating a GPL-incompatible work because both are involved in the violation. the developer for violating the actual tenets of the GPL and Mambo foundation for encouraging that infringment.
If Mambo truly wanted to allow this then they should have released under the LGPL and then there would be no legal action from anyone that could be taken.
To the extent Mambo includes code owned by other licensors, it is a matter for those licensors as to how they will enforce their licence. Third party developers should therefore always obtain their own legal advice as to whether their licensing model is appropriate given the way that their software interacts with Mambo or other software licensed by third parties.
Funny how that seems to be the same exact thing the Joomla folks have said in regards to this issue...
So how does moving over to Mambo solve these issues for Proprietary 3PDs?
Seems to me that Mambo is saying the same thing that has been said here...
Well we use GPL code and we are a GPL product. We will not prosecute but you are at risk of being prosecuted by any developer of GPL code that we have used to make Mambo...
So how does Mambo solve the Proprietary issue at all?
It's the same reality if you ask me...The statement you quoted sounds an awful lot like this one from the J teams.
Here's the plan: first, we clean our own house and bring the Joomla! sites into compliance. Next, we ask people in the community to voluntarily comply with the license. At the same time, we try to help people understand what it takes to comply and how they can do it easily. We believe we're going to get a lot of compliance that way.
So far, that's the entire plan. No lawsuits, no pogroms, no martyrs. More to the point, no shouting, no demonisation, and no drawing lines between "us" and "them". It's a big community with many kinds of developers, and we want solutions that will work for everybody.
In both cases your on your own...
Edit by Author: This statement is wrong! Mambo leaves you on your own. Joomla has said they would actually work with developers to help them become compliant!
End Edit:
Neither project plans to sue but both admit you CAN be sued by someone who owns a GPL license on code they use...
So as far as the statements on Moving to Mambo because it allows proprietary extentions that is a false permission because it does not say you can't be sued...The risks to developing proprietary code is the same for both....
Especially since both projects use similar GPL routines for many parts of the project!
the clarification that was made by Elpie simply puts the period to my point that moving to mambo because you think you have permission to create proprietary software for it is false...
Your no safer there than you are here!
But at least Joomla has stated that it might be possible to LGPL the API at some point which would mean that most proprietary extentions will be permitted and permitted in a way that NO ONE could take you to court for license violations!