Plugin License Excluding Spam

View: New views
8 Messages — Rating Filter:   Alert me  

Plugin License Excluding Spam

by Chuck Peters :: Rate this Message:

Reply to Author | View Threaded | Show Only this Message

We have been using a modified version of WP-Digest (1) for our newsletter
(2) and due to various issues I am in the process of rewriting the
newsletter code from scratch.  I have been thinking about creating a plugin,
but the last thing I need is our site getting associated with spamers.

I would prefer to use the GPL3, but I need some CYA against those spaming
criminals/jerks. Ignoring the issue of how effective a deterrent a software
license would be to spamers, can I add restrictions against spaming
(including specific damages fees) to one of the GPL compatible licenses?

Which license would allow me to make the extra restrictions?

I don't think the GPL 2 or 3 would allow me to make these kind of
restrictions against spamers.  So if I can't restrict it from being used for
spam I am not likely to release it as a plugin.


Thanks,
Chuck

1. WP-Digest is not really a plugin
http://birdhouse.org/software/2006/12/wp-digest/.  It runs via cron and uses
php and lynx to format the newsletter and sends out the posts via phpmailer.
 If no new posts are found it send out the past 3 posts...

2. We run wordpress and the modified WP-Digest and posts are used to create
a newsletter template which we manually edit and send to our site running
mailman.  No lynx, phpmailer or cron is used.  We also use procmail, php,
sed and bash to create a php page of the current newsletter.
_______________________________________________
wp-hackers mailing list
wp-hackers@...
http://lists.automattic.com/mailman/listinfo/wp-hackers

Re: Plugin License Excluding Spam

by Glenn Ansley :: Rate this Message:

Reply to Author | View Threaded | Show Only this Message

I doubt the license will restrict it from being used for spam
anyway... unless you're planning on taking a lot of people to court
next year :)

Glenn Ansley
http://fullthrottledevelopment.com

On Fri, Oct 23, 2009 at 8:00 AM, Chuck Peters <cp@...> wrote:

> We have been using a modified version of WP-Digest (1) for our newsletter
> (2) and due to various issues I am in the process of rewriting the
> newsletter code from scratch.  I have been thinking about creating a plugin,
> but the last thing I need is our site getting associated with spamers.
>
> I would prefer to use the GPL3, but I need some CYA against those spaming
> criminals/jerks. Ignoring the issue of how effective a deterrent a software
> license would be to spamers, can I add restrictions against spaming
> (including specific damages fees) to one of the GPL compatible licenses?
>
> Which license would allow me to make the extra restrictions?
>
> I don't think the GPL 2 or 3 would allow me to make these kind of
> restrictions against spamers.  So if I can't restrict it from being used for
> spam I am not likely to release it as a plugin.
>
>
> Thanks,
> Chuck
>
> 1. WP-Digest is not really a plugin
> http://birdhouse.org/software/2006/12/wp-digest/.  It runs via cron and uses
> php and lynx to format the newsletter and sends out the posts via phpmailer.
>  If no new posts are found it send out the past 3 posts...
>
> 2. We run wordpress and the modified WP-Digest and posts are used to create
> a newsletter template which we manually edit and send to our site running
> mailman.  No lynx, phpmailer or cron is used.  We also use procmail, php,
> sed and bash to create a php page of the current newsletter.
> _______________________________________________
> wp-hackers mailing list
> wp-hackers@...
> http://lists.automattic.com/mailman/listinfo/wp-hackers
>
_______________________________________________
wp-hackers mailing list
wp-hackers@...
http://lists.automattic.com/mailman/listinfo/wp-hackers

Re: Plugin License Excluding Spam

by chrisbliss18 :: Rate this Message:

Reply to Author | View Threaded | Show Only this Message

Chuck isn't asking about stopping spam. He's simply asking if there is a
way to release the software while also ensuring that he is insulated
from potential lawsuits if/when spammers start using the code.

Chuck, I'd love to say that you don't have to do anything to cover
yourself, but with the wild way that legal decisions come down these
days, I have to say that there isn't anything you can do to guarantee
insulation from litigation. I would think that the spammer's ISP and/or
hosting company would be targets well before your software would be, so
that's a little bit of insulation there.

I may be misunderstanding though. Are you more concerned about legal
insulation or image protection? Again, I'm not sure if there is anything
solid you can do to protect yourself in either case.

Chris Jean
http://gaarai.com/
@chrisjean



Glenn Ansley wrote:

> I doubt the license will restrict it from being used for spam
> anyway... unless you're planning on taking a lot of people to court
> next year :)
>
> Glenn Ansley
> http://fullthrottledevelopment.com
>
> On Fri, Oct 23, 2009 at 8:00 AM, Chuck Peters <cp@...> wrote:
>  
>> We have been using a modified version of WP-Digest (1) for our newsletter
>> (2) and due to various issues I am in the process of rewriting the
>> newsletter code from scratch.  I have been thinking about creating a plugin,
>> but the last thing I need is our site getting associated with spamers.
>>
>> I would prefer to use the GPL3, but I need some CYA against those spaming
>> criminals/jerks. Ignoring the issue of how effective a deterrent a software
>> license would be to spamers, can I add restrictions against spaming
>> (including specific damages fees) to one of the GPL compatible licenses?
>>
>> Which license would allow me to make the extra restrictions?
>>
>> I don't think the GPL 2 or 3 would allow me to make these kind of
>> restrictions against spamers.  So if I can't restrict it from being used for
>> spam I am not likely to release it as a plugin.
>>
>>
>> Thanks,
>> Chuck
>>
>> 1. WP-Digest is not really a plugin
>> http://birdhouse.org/software/2006/12/wp-digest/.  It runs via cron and uses
>> php and lynx to format the newsletter and sends out the posts via phpmailer.
>>  If no new posts are found it send out the past 3 posts...
>>
>> 2. We run wordpress and the modified WP-Digest and posts are used to create
>> a newsletter template which we manually edit and send to our site running
>> mailman.  No lynx, phpmailer or cron is used.  We also use procmail, php,
>> sed and bash to create a php page of the current newsletter.
>> _______________________________________________
>> wp-hackers mailing list
>> wp-hackers@...
>> http://lists.automattic.com/mailman/listinfo/wp-hackers
>>
>>    
> _______________________________________________
> wp-hackers mailing list
> wp-hackers@...
> http://lists.automattic.com/mailman/listinfo/wp-hackers
>  
_______________________________________________
wp-hackers mailing list
wp-hackers@...
http://lists.automattic.com/mailman/listinfo/wp-hackers

Re: Plugin License Excluding Spam

by Austin Matzko :: Rate this Message:

Reply to Author | View Threaded | Show Only this Message

On Fri, Oct 23, 2009 at 7:00 AM, Chuck Peters <cp@...> wrote:
> I would prefer to use the GPL3, but I need some CYA against those spaming
> criminals/jerks. Ignoring the issue of how effective a deterrent a software
> license would be to spamers, can I add restrictions against spaming
> (including specific damages fees) to one of the GPL compatible licenses?
>
> Which license would allow me to make the extra restrictions?

I'm not a lawyer, but I don't think you'll find such a license.  A
GPL-compatible license means that "you can combine code released under
the other license with code released under the GNU GPL in one larger
program." [1]  Therefore by definition a GPL-compatible license allows
the user to do whatever he or she wants to do with the code.

Instead, you might consider building in to your mail application
features that make spamming difficult or that require compliance with
anti-spam legislation, such as the CAN-SPAM act. [2]  For example, you
could throttle the amount of email that can be sent and you could
force users to follow CAN-SPAM requirements such as opt-out features
and a physical address.

[1] http://www.gnu.org/licenses/gpl-faq.html#WhatDoesCompatMean
[2] http://www.ftc.gov/bcp/edu/pubs/business/ecommerce/bus61.shtm
_______________________________________________
wp-hackers mailing list
wp-hackers@...
http://lists.automattic.com/mailman/listinfo/wp-hackers

Re: Plugin License Excluding Spam

by Otto-19 :: Rate this Message:

Reply to Author | View Threaded | Show Only this Message

On Fri, Oct 23, 2009 at 7:00 AM, Chuck Peters <cp@...> wrote:

> I would prefer to use the GPL3, but I need some CYA against those spaming
> criminals/jerks. Ignoring the issue of how effective a deterrent a software
> license would be to spamers, can I add restrictions against spaming
> (including specific damages fees) to one of the GPL compatible licenses?
>
> Which license would allow me to make the extra restrictions?
>
> I don't think the GPL 2 or 3 would allow me to make these kind of
> restrictions against spamers.  So if I can't restrict it from being used for
> spam I am not likely to release it as a plugin.

A few points:

- WordPress is licensed under the GPLv2. The GPLv3 is not compatible,
because of the additional restrictions it imposes. There's no code or
documentation I'm aware of that allows you to up-version with
WordPress and the license, so AFAICT, the GPLv3 is not an acceptable
license for WordPress plugins and/or themes.

- If you use GPL-anything, you cannot impose additional restrictions
of any kind.

- Any license that does impose additional restrictions, like a no-spam
clause, is incompatible with the GPL, and couldn't be included in the
WordPress extend section.

-Otto
Sent from Memphis, TN, United States
_______________________________________________
wp-hackers mailing list
wp-hackers@...
http://lists.automattic.com/mailman/listinfo/wp-hackers

Re: Plugin License Excluding Spam

by Jennifer Hodgdon :: Rate this Message:

Reply to Author | View Threaded | Show Only this Message

Otto wrote:
> - WordPress is licensed under the GPLv2. The GPLv3 is not compatible,
> because of the additional restrictions it imposes. There's no code or
> documentation I'm aware of that allows you to up-version with
> WordPress and the license, so AFAICT, the GPLv3 is not an acceptable
> license for WordPress plugins and/or themes.

I think you are wrong there. The readme.html file in the WordPress
distro says:

"WordPress is released under the GPL (see license.txt)."

license.txt says:

"If the Program does not specify a version number of this License, you
may choose any version ever published by the Free Software Foundation."

WordPress does not specify a version number (except I do see a GPL v2
reference in xmlrpc.php, and there are specific licenses on some
individual 3rd-party files that are included in WordPress), as far as
I can see.

So you may choose any version of the GPL, by my reading. I'm not an
attorney...

   --Jennifer

--
Jennifer Hodgdon * Poplar ProductivityWare
www.poplarware.com
Drupal, WordPress, and custom Web programming

_______________________________________________
wp-hackers mailing list
wp-hackers@...
http://lists.automattic.com/mailman/listinfo/wp-hackers

Re: Plugin License Excluding Spam

by Otto-19 :: Rate this Message:

Reply to Author | View Threaded | Show Only this Message

Ahh, true that. Fair enough, I was looking for the "or any later
version" boilerplate in the readme and didn't find it, so I assumed
that the license.txt was the only allowable version.

Nevertheless, I would avoid using GPLv3, because it *is* incompatible
with GPLv2 software, and many people will not use it because of the
excessive restrictions it imposes on usage (not just distribution,
like the GPLv2).

-Otto



On Fri, Oct 23, 2009 at 10:36 AM, Jennifer Hodgdon
<yahgrp@...> wrote:

> Otto wrote:
>>
>> - WordPress is licensed under the GPLv2. The GPLv3 is not compatible,
>> because of the additional restrictions it imposes. There's no code or
>> documentation I'm aware of that allows you to up-version with
>> WordPress and the license, so AFAICT, the GPLv3 is not an acceptable
>> license for WordPress plugins and/or themes.
>
> I think you are wrong there. The readme.html file in the WordPress distro
> says:
>
> "WordPress is released under the GPL (see license.txt)."
>
> license.txt says:
>
> "If the Program does not specify a version number of this License, you may
> choose any version ever published by the Free Software Foundation."
>
> WordPress does not specify a version number (except I do see a GPL v2
> reference in xmlrpc.php, and there are specific licenses on some individual
> 3rd-party files that are included in WordPress), as far as I can see.
>
> So you may choose any version of the GPL, by my reading. I'm not an
> attorney...
>
>  --Jennifer
>
> --
> Jennifer Hodgdon * Poplar ProductivityWare
> www.poplarware.com
> Drupal, WordPress, and custom Web programming
>
> _______________________________________________
> wp-hackers mailing list
> wp-hackers@...
> http://lists.automattic.com/mailman/listinfo/wp-hackers
>
_______________________________________________
wp-hackers mailing list
wp-hackers@...
http://lists.automattic.com/mailman/listinfo/wp-hackers

Re: Plugin License Excluding Spam

by Christopher O'Connell :: Rate this Message:

Reply to Author | View Threaded | Show Only this Message

I must confess, I don't really see what the problem is. Unless your software
has features specifically designed to make spamming easier, and you
advertise it that way, I don't see how you could be held liable for spam
that other people use your software to send. For instance, I don't think
that postfix or sendmail could be sued if someone used them for spam.

Furthermore, this is, in some ways, more appropriate for the warranty
section or a note. For instance after I got several emails for my uAudio
plugin asking (essentially) how to hotlink to audio on other's domains, I
made a little note at the end of my license file indicating that it was only
to be used to lawful purposes and that the user needed to obtain the
permission of the creator before posting any audio files. A little CYA, but
hopefully enough.

~ Christopher

I'm not a lawyer, and this isn't legal advice, results may vary, refrigerate
after opening, don't consume while driving, . . .

On Fri, Oct 23, 2009 at 8:36 AM, Jennifer Hodgdon <yahgrp@...>wrote:

> Otto wrote:
>
>> - WordPress is licensed under the GPLv2. The GPLv3 is not compatible,
>> because of the additional restrictions it imposes. There's no code or
>> documentation I'm aware of that allows you to up-version with
>> WordPress and the license, so AFAICT, the GPLv3 is not an acceptable
>> license for WordPress plugins and/or themes.
>>
>
> I think you are wrong there. The readme.html file in the WordPress distro
> says:
>
> "WordPress is released under the GPL (see license.txt)."
>
> license.txt says:
>
> "If the Program does not specify a version number of this License, you may
> choose any version ever published by the Free Software Foundation."
>
> WordPress does not specify a version number (except I do see a GPL v2
> reference in xmlrpc.php, and there are specific licenses on some individual
> 3rd-party files that are included in WordPress), as far as I can see.
>
> So you may choose any version of the GPL, by my reading. I'm not an
> attorney...
>
>  --Jennifer
>
> --
> Jennifer Hodgdon * Poplar ProductivityWare
> www.poplarware.com
> Drupal, WordPress, and custom Web programming
>
>
> _______________________________________________
> wp-hackers mailing list
> wp-hackers@...
> http://lists.automattic.com/mailman/listinfo/wp-hackers
>
_______________________________________________
wp-hackers mailing list
wp-hackers@...
http://lists.automattic.com/mailman/listinfo/wp-hackers