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From kev@zip.com.au Thu Feb 24 11:25:08 2000
Date: Thu, 24 Feb 2000 10:37:31 +1100 (EST)
From: Kevin Pulo 
To: slade@quakelives.com
Subject: Quakelives Downloading Agreement

Slade,

Firstly, if you expect GPL proponents not to whinge simply because you ask us to, then it appears you haven't learnt anything about us. You should know that if we perceive you to be doing something wrong, we will take action.

The new Quakelives downloading agreement violates the GPL, which you are bound by. What follows is a detailed explanation of the violation. If you believe that you have not violated the GPL, then I expect a refutation to my explanation.

To quote the GPL, Section 6, Sentences 1 and 2 (capitalising is my own):

"6. Each time you redistribute the Program (or any work based on the Program), the recipient automatically receives a license from the original licensor to copy, distribute or modify the Program subject to these terms and conditions. YOU MAY NOT IMPOSE ANY FURTHER RESTRICTIONS ON THE RECIPIENTS' EXERCISE OF THE RIGHTS GRANTED HEREIN."

Now to quote the Quakelives download agreement from the Quakelives website (bold on the website is capitalised here):

"TO DOWNLOAD BINARIES OR PROCEED INTO THIS SITE, YOU HAVE TO GIVE UP YOUR RIGHTS UNDER THE GPL."

It is very plain to see that you are imposing further restrictions on the recipients' right to exercise their rights under the GPL.

Please do not attempt to claim that you are not "imposing" anything, since the recipients must voluntarily choose to give up their rights under the GPL. You make it quite clear in the previous quote that the recipient must give up their GPL rights prior to downloading (and in other places of the agreement, that this is the only way to download); this is a imposed restriction.

To further quote your downloading agreement:

"However much like the Constitutional American "Right to Bear Arms". I have the right to deny you access for exercising this right."

This is not true. As quoted above, Section 6 (which you are bound by) requires that you do not place additional restrictions on the recipients' right to exercise their rights under the GPL. You cannot say "if you exercise your rights granted by the GPL, then I will not grant you access to the source". To place additional restrictions, as you have, renders your GPL license from iD terminated and you have no right to continue working on the Quake source or the Quakelives derivative.

And again:

"To gain access to this site, you are obligated not to ask [for source code]."

"Please note that you have no right to access the binaries, source code or artwork ("Content") produced by QuakeLives or the content herein without specifically agreeing to this. Any other access is illegal."

As above, this is a violation of Section 6 of the GPL by imposing additional restrictions on the recipients' right to exercise their GPL-given rights.

"And being as the GPL only regulates HOW we distribute, it does not regulate WHO we distribute to, if you do not agree to this, QuakeLives does not give you permission to access the Content of this site, hence, you legally are not allowed access to these files and doing so is punishable by law."

This is also not true. The GPL specifically says that you cannot restrict distribution from anyone. The GPL does regulate who you can distribute to - it must be everyone. (The only exception is Section 8, which deals with geographical based restrictions, used for patent, copyright and export (embargo) restrictions.)

Finally:

"I've been around and working with software under the GPL license for almost 10 years now."

Slade, for someone who claims to have been associated with the GPL for 10 years, you seem to be missing some of its fundamental points (or misinterpreting them). At the very least, you appear to have very little respect for at least the spirit of the GPL. Based on what I've seen, you appear hell-bent on closing the Quake source, GPL or not.

Bye 4 now,
Kev.

From slade@quakelives.com Thu Feb 24 12:12:22 2000
Date: Thu, 24 Feb 2000 08:01:44 +0700 (GMT)
From: slade 
To: Kevin Pulo 
Subject: Re: Quakelives Downloading Agreement

please note we are not licensing the software
only our bandwidth

On Thu, 24 Feb 2000, Kevin Pulo wrote:

[ Entire previous email quoted. ]

From kev@zip.com.au Thu Feb 24 12:13:13 2000
Date: Thu, 24 Feb 2000 12:08:57 +1100 (EST)
From: Kevin Pulo 
To: slade 
Subject: Re: Quakelives Downloading Agreement

On Thu, 24 Feb 2000, slade wrote:

> please note we are not licensing the software
> only our bandwidth

I understand that - it's still no good.

The software is licensed by the GPL. Therefore you cannot place these restrictions on the distribution of the software. You cannot tell me that I must give up my GPL rights in order to use your bandwidth, because that is an imposed restriction on the distribution of the software, which the GPL says you are not allowed to do.

Bye 4 now,
Kev.