[aur-general] Notification of GPL violation

[Carsten Haitzler]

On Mon, 17 May 2021 13:32:26 +0000 lawl via aur-general
<aur-general at lists.archlinux.org> said:

> Hello
> 
> I'm the developer of NoiseTorch (https://github.com/lawl/NoiseTorch/).
> I faithfully believe that the package "noisetorch" in the ArchLinux User
> Repository ("AUR") (https://aur.archlinux.org/packages/noisetorch/) violates
> my license (GPLv3).
> 
> I have the asked previous maintainer of this package to not apply patches or
> make it clear that this is a fork that's being conveyed. Several Arch Linux
> trusted users were also informed of this:
> https://github.com/lawl/NoiseTorch/issues/2#issuecomment-785262068

I am just looking at the AUR repository for this right now. It has no patches.
It does not modify anything from the original. It builds the original with
standard go tooling and options available in that toolchain (not modifications
to your software) and then packages up the resulting build. The only addition
is ADDING a .desktop file to that package archive to make it easier to run the
application. This does not modify the software. So by your quotes below it meets
the license requirements. I don't know what was in the AUR pkg repo before but
it certainly seems to be fine now.

> Unfortunately this seemed to have little effect, forcing me to officially
> notify the ArchLinux project of this violation.
> 
> The GPLv3 in Section 5 clearly states that modified versions must be marked
> as such
> 
> > 5. Conveying Modified Source Versions.
> >
> > You may convey a work based on the Program, or the modifications to
> > produce it from the Program, in the form of source code under the
> > terms of section 4, provided that you also meet all of these conditions:
> >
> > a) The work must carry prominent notices stating that you modified
> > it, and giving a relevant date.
> 
> The term conveyance is also clearly defined in the GPL:
> 
> > To "propagate" a work means to do anything with it that, without
> > permission, would make you directly or secondarily liable for
> > infringement under applicable copyright law, except executing it on a
> > computer or modifying a private copy. Propagation includes copying,
> > distribution (with or without modification), making available to the
> > public, and in some countries other activities as well.
> >
> > To "convey" a work means any kind of propagation that enables other
> > parties to make or receive copies. Mere interaction with a user through
> > a computer network, with no transfer of a copy, is not conveying.
> 
> Since AUR is distributing packages to automate the process receiving modified
> versions of the source code, I believe this constitutes conveyance of a
> modified version, irregardless of where the original source code tarball is
> fetched from.
> 
> Please ensure the cessation of violation of the license immediately.
> 
> Regards
> 
> lawl
> 
> Sent with [ProtonMail](https://protonmail.com) Secure Email.

-- 
------------- Codito, ergo sum - "I code, therefore I am" --------------
Carsten Haitzler - raster at rasterman.com