this post was submitted on 14 Sep 2024
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This is probably illegal. I am not a lawyer, but when you have 114 contributors who provided their code under the terms of the GPL, you can’t just change your mind later. The GPL doesn’t work like that. You have to actually own the code as its copyright holder if you want to license it under a new license. Generally speaking, those other contributors retain copyright to their work, so unless you release your project under the GPL in perpetuity you would need to get the consent of all those contributors first. It’s not your code to license. You must obey the GPL that you agreed to when you included their work.
Any of your contributors can now turn around and assert that you are now distributing their GPL code in violation of the license. The GPL is quite clear that you need to respect the rights of the users to freely modify and redistribute derivative works. Because the GPL is viral, all you need to do is find the tiniest contribution that was made when the project was GPL to assert that all of the code must comply with the terms of the GPL and you can produce your derivative works as permitted by such a license. The legal risk of GPL contamination is very real and makes a more restrictive license practically unenforceable without a cleanroom rewriting of the project from scratch.
Also, Creative Commons licenses should never be applied to software as done here. These legal tools are designed for media, and the website itself indicates that the licenses are inappropriate because they don’t address software specific concerns like patents and development by multiple contributors.
Overall, this looks like a naïve attempt to prevent derivative works, but escaping the GPL is not so easy. The GPL was written to prevent you from doing this sort of thing.
ADDENDUM: Just in case the developer ever happens to find this comment, I want to say that I have a lot of compassion for the problems he is facing. I have maintained open source projects before, and watching your community get fragmented, your work disrespected, and failure to acknowledge that this is a hobby you’re doing in your free time weighs heavily upon you. I think this move is incorrect, but I acknowledge I’m not providing a viable alternative. I don’t know what the correct response should be.
according to the maintainer he got permission from everyone, and those who didn't give the permission for he rewrote the code for. Least that's how it seems to be here
This is how projects die. Duckstation had a good run at the top, but I wouldn’t be surprised to see it dethroned if it becomes a dramafest with bizarre restrictions on forks and distribution.
fully agree, the maintainer pulled a "It's my toy and I'm taking it elsewhere" which is never healthy for a project like that. Instead of embracing the fact people were active in the project he only focused on the fact that there was some malicious parties that were violating GPL, so his solution was to kill most external support of the project. It won't survive that