#692728 New upstream release - 4.2.36

#692728#5
Date:
2012-11-08 10:49:03 UTC
From:
To:
Geogebra 4.0.41 has been released upstream. Please consider updating the current Debian package in unstable.
#692728#12
Date:
2013-05-16 21:34:29 UTC
From:
To:
Hi.

Il 08/11/2012 11:49, Andrea Colangelo ha scritto:

I'll be working on it. Unfortunately, last versions appear to have many
more dependencies and many changes in how the source files are
organized, so I may take some time to sort everything out.

Giovanni.

#692728#17
Date:
2013-05-29 17:49:59 UTC
From:
To:
Hi.

Il 16/05/2013 23:34, Giovanni Mascellani ha scritto:

Following a closer inspection at the licensing terms GeoGebra authors
use, I noticed that GeoGebra isn't free anymore, starting from version
4.2. The help and language files, which were before distributed under
CC-BY-SA 3.0+, have now the NC attribute to[1]. Moreover, it doesn't
seem to be possible to just avoid them, because at least the language
files are required to build the program.

 [1] http://www.geogebra.org/cms/license

The version 4.0, already in Debian and released in wheezy, is
unencumbered by this problem. So far, it seems to be impossible to
package version 4.2 or, even less, any later version (including the
version 5, currently in beta).

I'm really sorry of this thing and will get in touch with GeoGebra
developers to ask for clarifications and understand whether it's
possible to revert this decision.

Giovanni.

#692728#22
Date:
2013-06-25 10:25:17 UTC
From:
To:
Oh, that hurts! :(

Hope they will understand DFSG's reasons. Please, keep me up-to-date with this
issue, I am very interested in it.

#692728#27
Date:
2013-06-25 16:47:13 UTC
From:
To:
Il 25/06/2013 12:25, Andrea Colangelo ha scritto:

For sure. Unfortunately, I don't think good news are upcoming: GeoGebra
developers (in particular, I communicated with Markus Hohenwarter, but I
know that other people or representatives are answering with similar
wordings) assert that the license of GeoGebra was only clarified, not
modified. This is plainly false, since they added a NonCommercial clause
to the Creative Commons they're using; I commented underlining this
fact, but they didn't answer anymore.

They say that the task of "clarifying" GeoGebra's license was performed
by some not specified firm, "with many years of experience with
software licensing". I don't understand whether GeoGebra developers
wanted to change license in order to switch to a more
commercial-oriented development model, or if this "experienced firm"
just failed to understand what free software is and applied a non
commercial license just because everyone does so. Unfortunately,
upstream's unwillingness to answer my last email suggests the former...

Giovanni.

#692728#32
Date:
2013-08-13 21:48:24 UTC
From:
To:
Il 25/06/2013 18:47, Giovanni Mascellani ha scritto:

Little follow-up: the same bug request was posted in Lunchpad too.

https://bugs.launchpad.net/ubuntu/+source/geogebra/+bug/1211966

There is some more discussion happening there, although admittedly not much.

Giovanni.

#692728#37
Date:
2013-08-16 06:25:25 UTC
From:
To:
Hi!

I noticed today that the licence change of GeoGebra leaves the program in a
very messy situation. GeoGebra is a fantastic piece of software for use in
education -- I use it myself and know many others who do so, which is why I
would like to work with you to resolve this problem.

Let me firstly say that I completely appreciate why you have taken steps to
differentiate between commercial and non-commercial licensing. My experience
is, however, that engagement with the wider free software community is much
more fruitful and will lead to code contributions in a way that restrictive
licences will not. Moreover, free software authors have a very long tradition
of being able to obtain cash or in-kind contributions from commercial
organisations who are using free software by directly engaging with them. More
carrot and less stick is a more reliable approach.

The conclusions I draw below are not only based on the idealism of Free
Software that I hold as a Debian Developer but also on pragmatic, practical
and legal readings of the licences involved. I have drawn on the Debian
project's twenty years of experience in dealing with software licences. The
problems I highlight below not only cause problems for the Debian project (and
its derivatives like Ubuntu) but are also a fundamental problem for the
International GeoGebra Institute itself and all other educational institutions
that want to use GeoGebra. The current situation will lead to GeoGebra being
removed from the mainstream Linux distributions (Debian, Debian-
Edu/SkoleLinux, Ubuntu, Fedora etc). It also precludes mass-deployment of
GeoGebra in educational institutions, especially in environments where a
student is given a physical device like a laptop that is imaged by a central
IT department.

I feel quite confident that the above scenario was not the outcome that the
International GeoGebra Institute had in mind when relicensing GeoGebra. It
would be great if we could have an open discussion and sort out this problem.

To specific details:

Let us first be very precise and recognise that this is not a licence
clarification but a licence change. Version 4.0.34.0, for instance, clearly
places the work under GPLv3 and CC-BY-SA 3.0. The licence text goes on to
discuss commercial vs non-commercial use but only in the context where you
"put the resulting work under your copyright". That is to say that commercial
usage is permitted, the software is free for anyone to use, free for them to
modify and free for them to redistribute. The restrictions here are against
people claiming copyright over material that is actually the copyright of the
GeoGebra authors; this is a perfectly reasonable thing to do and in fact is
already covered by the GPLv3 anyway.

However, the licence text attached to version 4.2.55.0 is GPLv3 and CC-BY-NC-
SA 3.0 and additional restrictions. A conversion from CC-BY-SA 3.0 to CC-BY-
NC-SA 3.0 is not clarification. The imposition of the extra restrictions is not
confined to just the properties files but applies to java source code as well
[0]; this is not a clarification but the imposition of a large number of
restrictive conditions. The intent of this licence is to impose restrictions
on commercial usage in such a way that users are no longer free to use the
software. No users are permitted to redistribute the software (§10) which
would also make redistribution of modified versions impossible as well. No-one
is permitted to improve GeoGebra. GeoGebra is no longer free software.

Have all copyright holders (java programmers, artists, translators -- there
are many!) who contributed their work under the old licence terms agreed to
the relicencing of their work? Does that include the CEA/CNRS/INRI who are
copyright holders for the sections derived from scilab? The claim in §9 that
GeoGebra is "Copyright (C) International GeoGebra Institute, 2013" is at best
an assertion about the compilation; it does not cover significant chunks of the
code or the bundled libraries and those bits of code are not the International
GeoGebra Institute's to relicence.


The licence text goes to great lengths to impose additional restrictions over
and above the GPLv3 while also stating that GeoGebra is available under GPLv3
(clause 3 of the GeoGebra licence). Under §7 of GPLv3, I am permitted to
ignore any additional restrictions imposed on me by the GeoGebra licence. This
would strike out the entirety of the "non-commercial" aspects of the licence
and the other restrictions about redistribution (§10). (The licence itself is
not self-consistent on the point of redistribution; §10 forbids
redistribution, while the preamble permits it.)


At this point in the analysis, I am left with two choices:

  (a) I can conclude that GeoGebra is actually GPLv3 and strike out
  the rest of the licence terms. Anyone can use GeoGebra for commercial
  or non-commercial purposes; it's Free Software.

  (b) I can conclude that GeoGebra is *not* available under
  the GPLv3 as there are additional restrictions in force.  Unfortunately,
  that means that GeoGebra is instead under a GPL-incompatible
  licence.

Scenario (b) puts the International GeoGebra Institute in violation of the
licences of two libraries that GeoGebra is linked against. EPS Graphics and
JLaTeXMath are both licensed under the GPL "either version 2 of the License,
or (at your option) any later version". Additionally, the International
GeoGebra Institute is in violation of the scilab licence which covers section
of the java code and which does not permit discrimination based on the field of
endeavour (§5.1 of scilab's COPYING [1]).

Precompiled binaries of GeoGebra containing these libraries (such as the ones
found at [2]) can only be offered if the licence terms of the entire download
are compatible with the constituent parts. If we accept that "GPLv3 + CC-BY-
NC-SA 3.0 + additional restrictions" is more than just GPLv3 (i.e. we ignore
§7 of GPLv3), then this licence is not compatible with either GPLv2 or GPLv3
as required by EPS Graphics, JLaTeXMath; it's also incompatible with scilab.
At present, distribution of recent versions of GeoGebra by anyone *including*
International GeoGebra Institute is in violation of the licence JLaTeXMath,
EPS Graphics and scilab. Violation of the GPL means that you do not have the
right to distribute that work. Quite simply, each of the download links at [2]
becomes a copyright violation and any school, university or linux distribution
that passed on copies of GeoGebra to staff/students/users would also be
committing a copyright violation.

I'm quite sure that is not what was intended.

I look forward to discussing this with you further and helping the
International GeoGebra Institute and the GeoGebra developers continue to
deliver high quality teaching tools. Please let me know how I can help you do
this.

kind regards
Stuart


[0] It is also difficult to argue that the properties and the java code can
really have separate licences in any case, but that is orthogonal to the
problems here.

[1] http://cgit.scilab.org/cgit.cgi/scilab/tree/scilab/COPYING

[2] http://www.geogebra.org/cms/en/download/

#692728#42
Date:
2013-08-16 13:45:50 UTC
From:
To:
Dear Stuart,

thank you for your message and interest in GeoGebra!

We will discuss your questions with our legal team and will try to
come back to you with a detailled answer soon.

Have a good weekend,
Manuela

#692728#47
Date:
2013-08-19 11:56:09 UTC
From:
To:
Hi Stuart,

Thank you for your email, and in particular for taking the time to
write such a complete and thoughtful inquiry with regards to
GeoGebra's license and terms of service.

I wanted to send this note off to you now confirming receipt, and in
advance of a fulsome response to your inquiry. The latter half of
August is typically a very busy time here at the university, with
preparations for the new academic year well under way.

I will revert early September when I will be able to attend to this
properly and in full, as I wish to ensure that GeoGebra retains its
close ties and positive relationships with colleagues in the Debian
and FLOSS communities.

Kind regards,
Markus

#692728#52
Date:
2013-08-21 13:00:00 UTC
From:
To:
Hi Markus,

thanks for your reply -- talk to you more once things settle down in the new
academic year.

regards
Stuart

#692728#57
Date:
2013-09-24 13:06:18 UTC
From:
To:
Dear Stuart,

thank you again for your interest in GeoGebra and sorry for the delay
in my response!

We have put together a little license FAQ list on our website at
http://www.geogebra.org/cms/license#FAQ to give a little bit more
background on the details of our license for everyone interested. We
hope that this also answers all your questions. The International
GeoGebra Institute, our non-profit organization behind GeoGebra, is
dedicated to the open source movement and collaboration with members
of the FOSS community.

Kind regards,
Markus

#692728#62
Date:
2013-11-01 11:17:07 UTC
From:
To:
Hi,

this is a rather disappointing outcome.  Are there any plans how to
continue with this issue?  Is it perhaps possible to get rid of the
non-free parts or re-create free drop-ins by the community?

Best regards,

     Andi

#692728#67
Date:
2014-01-28 11:03:53 UTC
From:
To:
Hello,
commercial clause.

Besides the fact that it seems invalid, it also ships Jlatexmath (which
I co maintain) which is published under the GPL v2.

As you can see on the Debian thread (
http://bugs.debian.org/cgi-bin/bugreport.cgi?bug=692728 ), we contacted
and exchanged with upstream.

Since they didn't move, we contacted them privately to get more
information and they replied with:
"we've had our licence etc details checked by an experienced legal team
and it's OK. Hopefully this is clear:
http://www.geogebra.org/cms/license#FAQ"
<http://www.geogebra.org/cms/license#FAQ>
In particular, first sentence of their license (
http://www.geogebra.org/cms/license ) is non-free
"You are free to copy, distribute and transmit GeoGebra for
non-commercial purposes"

Do you think their "experienced legal team" is right?

Thanks
Sylvestre

#692728#72
Date:
2014-01-28 02:22:31 UTC
From:
To:
Section 7 of the GPL-3 (if it's not -3, there's a clause in other
versions of the GPL as well)

/
| All other non-permissive additional terms are considered “further
| restrictions” within the meaning of section 10. If the Program as you
| received it, or any part of it, contains a notice stating that it is
| governed by this License along with a term that is a further
| restriction, you may remove that term. [ snip ]
\

Sounds like you can ignore their non-commercial clause. I'm sure their
legal team thinks this is A-OK by them.

Cheers,
  Paul

#692728#77
Date:
2014-01-28 02:29:05 UTC
From:
To:
I see now that they claim their installer is the only non-commericial
thing. This seems like something you can just strip from their tarball.
In addition, from the GPL2/3:

| The source code for a work means the preferred form of the work for
| making modifications to it. For an executable work, complete source code
| means all the source code for all modules it contains, plus any
| associated interface definition files, plus the scripts used to control
| compilation and installation of the executable. [...]
                  ^^^^^^^^^^^^


Cheery-bye,
  Paul

#692728#82
Date:
2014-01-29 04:34:35 UTC
From:
To:
OK. Thanks for the information.
I am sorry I didn't provide the information but I am one of the
maintainer of jlatexmath
(Calixte Denizet, as cc being the main developer).
We didn't provide any exemption. And, even if we want to do that (which
we don't want),
we could not since jlatexmath is a fork of jmathtex (GPL).
We applied pressure and it didn't work.

Thanks,
Sylvestre

#692728#87
Date:
2014-01-28 19:28:40 UTC
From:
To:
Sylvestre Ledru <sylvestre@debian.org> writes:

If the program is a derived work of both the GPLed source code and the
CC-BY-SAed language files, the resulting work has already been
non-distributable before because the two licenses are incompatible. The
new NC clause and the vague statements on the website only add insult to
injury.

You should contact Jlatexmath upstream to check whether they gave an
exemption to geogebra. If not, they might want to apply some pressure.

Hendrik

#692728#92
Date:
2014-01-29 16:36:22 UTC
From:
To:
Internationalization files are derivative works if they internationalize strings that were created by someone else. And if those strings were part of an original GPL work there is potentially a license violation. But if they were created by the same author as the GPL program they are not derivative of anything. It's also going to be difficult to argue convincingly to a court that they must be under a license that is compatible with the rest of the program, they are arguably input to the program.

So the real question here is whether Siylvestre's original text strings are translated in files under different licenses than his original versions.

We'd like the GPL to stick to any  works that are combined with the program in any way. Unfortunately case law from CAI v. Altai to Oracle v. Google has shot down that theory. This is ultimately good for Free Software in that we can do things like clone APIs, proprietary computer languages, and the overall functionality of programs only because licenses are not as effective as the software author would like them to be.

Thanks

Bruce

#692728#97
Date:
2014-01-29 17:57:54 UTC
From:
To:
Bruce Perens <bruce@perens.com> writes:

I'm not so sure about the last part as it heavily depends on the
particular implementation. For gettext-style translations you are
probably right, as you can remove the translation files and still have a
working program. If *all* languages are equally stored in a separate
file, then removing this file will stop the program from working. So the
question is: How is this one in Geogebra?

Anyway, the potentially infringing copy has been created by an Austrian
organization and is hosted in Germany; U.S. case law is probably not
too relevant here.

Hendrik

#692728#102
Date:
2014-01-29 21:29:29 UTC
From:
To:
Another file could be substituted for it, one created using a clean-room
process so that we are certain it's not derivative, and the program
would again operate and emit proper messages. So, we can't really use
the fact that removing the file breaks the program to prove that all
such files must be derivative of the program.

While it would be nice to see European courts ruling against precedents
of U.S. courts in matters of technology copyright, the reality is that
European attorneys do include precedence from US cases in their
arguments, and the courts quite often follow them. They aren't required
to follow them the way a court in the same US circuit might have to, but
nor do they shun looking at the findings of a foreign court in a similar
case.

#692728#107
Date:
2014-01-30 07:34:01 UTC
From:
To:
Bruce Perens <bruce@perens.com> writes:

Oh, I think we're both talking about two different issues here. I'm not
saying that language files are always a derivative of the source code of
the program. Rather, I'm saying that the final product that is being
distributed is a derivative of both the source code *and* the actual
language file that is included in the distribution.

So, assuming the source code is GPLed, it's fine to distribute a product
based on the source code and a GPL-compatible language file (say, BSD-3)
because the product as a whole can be distributed under the
GPL. However, if the language file carries a GPL-incompatible license
(such as CC-BY-SA), the resulting product cannot be distributed in a
legal way.

Hendrik

#692728#112
Date:
2015-06-01 11:16:24 UTC
From:
To:
Dear Maintainer,

Now, the latset version is #5.
Thank you.

#692728#117
Date:
2015-06-07 01:54:03 UTC
From:
To:
Hello Nicolas,

It seems that the geogebra license [1] for the current version restricts
it to non-commercial use only.  This means that at best, it could only
be included in the non-free section of the Debian archive.  If you need
version 5, you might try the upstream .deb packaging, documented here [2].

Cheers,
tony

[1] http://www.geogebra.org/download/license.txt
[2] http://wiki.geogebra.org/en/Reference:GeoGebra_Installation#Linux

#692728#122
Date:
2017-01-28 02:17:38 UTC
From:
To:
Dear Customer,

We can not deliver your parcel arrived at January 26.

Postal label is enclosed to this e-mail. Please check the attachment!

Kind thanks,
Peter Austin,
USPS Support Manager.

#692728#127
Date:
2022-01-20 18:35:01 UTC
From:
To:
Hi comrads,

are there any news on GeoGebra licensing since 2014?  Has any pressure
been applied?

https://bugs.debian.org/cgi-bin/bugreport.cgi?bug=692728

Regards.