1#@!#!123s

: / opt / td-agent / LICENSES /
Filename : ncurses-ncurses-license.html
back
<!--
  $Id: ncurses-license.html,v 1.178 2017/07/22 11:34:43 tom Exp $
  -->
<!DOCTYPE html PUBLIC "-//W3C//DTD HTML 4.01//EN">

<html>
<head>
  <meta name="generator" content=
  "HTML Tidy for Linux (vers 25 March 2009), see www.w3.org">

  <title>NCURSES &ndash; Licensing</title>
  <link rev="MADE" href="mailto:dickey@invisible-island.net">
  <meta http-equiv="Content-Type" content=
  "text/html; charset=us-ascii">
  <link rel="SHORTCUT ICON" href="/img/icons/vile.ico" type=
  "image/x-icon">
  <link rel="stylesheet" href="/css/simplestyle.css" type=
  "text/css">
  <style type="text/css">
@import "/css/simplenav23.css" all;
  </style>
</head>

<body>
  <hr>

  <p><a href="/">http://invisible-island.net/</a><a href=
  "/ncurses/">ncurses/</a><br>
  Copyright &copy; 2011-2016,2017 by Thomas E. Dickey</p>
  <hr>

  <div class="nav">
    <ul>
      <li class="nav-top"><a href=
      "/ncurses/ncurses-license.html">(top)</a></li>

      <li><a href="#synopsis">Synopsis</a></li>

      <li><a href="#players">The Players</a></li>

      <li><a href="#stage">The Stage</a></li>

      <li>
        <a href="#history">Timeline of Events</a>

        <ul>
          <li><a href="#pcurses_1986">pcurses &ndash; December 1,
          1986 (shar archive)</a></li>

          <li><a href="#ncurses_0_7_2">ncurses 0.7.2 &ndash; May
          22, 1993</a></li>

          <li><a href="#ncurses_1_8_1">ncurses 1.8.1 &ndash;
          November 5, 1993</a></li>

          <li><a href="#ncurses_1_8_5">ncurses 1.8.5 &ndash;
          February 23, 1994</a></li>

          <li><a href="#ncurses_1_8_6">ncurses 1.8.6 &ndash;
          October 22, 1994</a></li>

          <li><a href="#ncurses_1_9">ncurses 1.9 &ndash; April 20,
          1995</a></li>

          <li><a href="#ncurses_1_9_1">ncurses 1.9.1 &ndash; May 3,
          1995</a></li>

          <li><a href="#ncurses_1_9_2">ncurses 1.9.2 &ndash; May
          30, 1995</a></li>

          <li><a href="#ncurses_1_9_3">ncurses 1.9.3 &ndash; July
          12, 1995</a></li>

          <li><a href="#ncurses_1_9_4">ncurses 1.9.4 &ndash; August
          11, 1995</a></li>

          <li><a href="#ncurses_1_9_5">ncurses 1.9.5 &ndash;
          September 11, 1995</a></li>

          <li><a href="#ncurses_1_9_6">ncurses 1.9.6 &ndash;
          October 13, 1995</a></li>

          <li><a href="#ncurses_1_9_7a">ncurses 1.9.7a &ndash;
          November 10, 1995</a></li>

          <li><a href="#ncurses_1_9_8a">ncurses 1.9.8a &ndash;
          December 9, 1995</a></li>

          <li><a href="#ncurses_1_9_9">ncurses 1.9.9 &ndash;
          February 13, 1996</a></li>

          <li><a href="#ncurses_1_9_9a">ncurses 1.9.9a &ndash;
          March 4, 1996</a></li>

          <li><a href="#ncurses_1_9_9b">ncurses 1.9.9b &ndash;
          March 6, 1996</a></li>

          <li><a href="#ncurses_1_9_9c">ncurses 1.9.9c &ndash;
          March 12, 1996</a></li>

          <li><a href="#ncurses_1_9_9d">ncurses 1.9.9d &ndash;
          March 17, 1996</a></li>

          <li><a href="#ncurses_1_9_9e">ncurses 1.9.9e &ndash;
          March 24, 1996</a></li>

          <li><a href="#patch_960406">April 6, 1996</a></li>

          <li><a href="#may_1996">May 1996</a></li>

          <li><a href="#june_1996">June 1996</a></li>

          <li><a href="#patch_960907">September 7, 1996</a></li>

          <li><a href="#october_1996">October 1996</a></li>

          <li><a href="#november_1996">November 1996</a></li>

          <li><a href="#patch_961130">ncurses 1.9.9g &ndash;
          November 30, 1996</a></li>

          <li><a href="#december_1996">December 1996</a></li>

          <li><a href="#patch_961224">ncurses 4.0 &ndash; December
          24, 1996</a></li>

          <li><a href="#January_1997">January 1997</a></li>

          <li><a href="#February_1997">February 1997</a></li>

          <li><a href="#March_1997">March 1997</a></li>

          <li><a href="#April_1997">April 1997</a></li>

          <li><a href="#May_1997">May 1997</a></li>

          <li><a href="#patch_970515">ncurses 4.1 &ndash; May 15,
          1997</a></li>

          <li><a href="#June_1997">June 1997</a></li>

          <li><a href="#July_1997">July 1997</a></li>

          <li><a href="#August_1997">August 1997</a></li>

          <li><a href="#September_1997">September 1997</a></li>

          <li><a href="#October_1997">October 1997</a></li>

          <li><a href="#November_1997">November 1997</a></li>

          <li><a href="#December_1997">December 1997</a></li>

          <li><a href="#January_1998">January 1998</a></li>

          <li><a href="#February_1998">February 1998</a></li>

          <li><a href="#March_1998">March 1998</a></li>

          <li><a href="#patch_980302">ncurses 4.2 &ndash; March 2,
          1998</a></li>
        </ul>
      </li>

      <li>
        <a href="#other_issues">License and Other Issues</a>

        <ul>
          <li><a href="#issue_delay">Explaining the Delay</a></li>

          <li><a href="#issue_opens">Open Source Dispute</a></li>

          <li><a href="#issues_freer">How is the License
          Improved?</a></li>

          <li><a href="#issues_expat">But that MIT-X11
          License...</a></li>
        </ul>
      </li>
    </ul>
  </div>

  <h2><a name="synopsis" id="synopsis">Synopsis</a></h2>

  <p>The <a href="/ncurses/ncurses.html">ncurses</a> license
  evolved in several stages, which are detailed here. Copyright
  ownership and attribution played important parts in this
  history.</p>

  <h2><a name="players" id="players">The Players</a></h2>

  <p>In order of appearance</p>

  <ul>
    <li>Pavel Curtis (mostly offstage)</li>

    <li>Zeyd M. Ben-Halim</li>

    <li>Eric S. Raymond</li>

    <li>Thomas E. Dickey (narrator, etc).</li>

    <li>Juergen Pfeifer</li>

    <li>Alexander V. Lukyanov</li>

    <li>Keith Bostic</li>

    <li>Richard M. Stallman</li>

    <li>Florian La Roche</li>
  </ul>

  <h2><a name="stage" id="stage">The Stage</a></h2>

  <p>Most of the interaction took place on mailing lists:</p>

  <ul>
    <li>until early 1997, this was on Zeyd M. Ben-Halim's majordomo
    mailing list on netcom.</li>

    <li>after that (until establishing a mailing list with GNU
    after the transfer of copyrights to the Free Software
    Foundation) on a BSDI mailing list provided by Keith
    Bostic.</li>
  </ul>

  <p>Zeyd and I each had shell accounts with ISPs (netcom and
  clarknet, respectively). We also had ftp areas, which we used to
  provide files. My access to the nascent Internet was by 56k
  dialup modem. Zeyd had no webpage, nor did I, initially.</p>

  <p>Eric Raymond had a webpage, which referred to an ncurses page.
  That page was no longer in existence when I looked for it in
  1996. Nor did he provide ftp downloads for ncurses. There was
  intermittent access to the terminfo/termcap files. All of my
  other interaction with Eric was via email.</p>

  <p>Juergen Pfeifer had an ISP account, with a generic webpage. He
  had no ftp-area.</p>

  <p>We exchanged changes using source patches, with occasional tar
  archives to help synchronization. I uuencoded changes larger than
  a few lines. Juergen used mime attachments (which were initially
  a problem, requiring a separate program to decode them). Eric
  used neither, putting patches inline. Zeyd did not distribute
  changes via email.</p>

  <p>Majordomo provided the ability to moderate the mailing list.
  More than once, my mail was delayed by several days (rather than
  a few minutes) during a dispute, prompting me to ask Zeyd if he
  was moderating it. He stated that he was not. I was the moderator
  for the ncurses list on BSDI, but did not interfere with the
  discussion.</p>

  <h2><a name="history" id="history">Timeline of Events</a></h2>

  <p>These examples and discussion use several snapshots of ncurses
  which I obtained around the time I started maintaining ncurses in
  April 1996. I used about 40 of these, starting with ncurses 1.8.7
  (plus about 20 snapshots of the terminfo database) to build up
  the "prehistory" of my archive. There was no publicly-accessible
  archive for the sources, nor was there an archive for the mailing
  list on netcom.</p>

  <p>I had observed that RCS keywords in Eric's patches were passed
  through untouched into Zeyd's snapshots. From this, I concluded
  that Zeyd did not use source-control archives of either CVS nor
  RCS (I use RCS).</p>

  <p>I have used the file modification dates, since
  <code>CHANGES</code> usually did not give a release date.</p>

  <h3 id="pcurses_1986-toc"><a name="pcurses_1986" id=
  "pcurses_1986">pcurses &ndash; December 1, 1986 (shar
  archive)</a></h3>

  <p>The original pcurses had this notice on each file:</p>

  <blockquote>
    <pre class="code-block">
/*********************************************************************
*                         COPYRIGHT NOTICE                           *
**********************************************************************
*        This software is copyright (C) 1982 by Pavel Curtis         *
*                                                                    *
*        Permission is granted to reproduce and distribute           *
*        this file by any means so long as no fee is charged         *
*        above a nominal handling fee and so long as this            *
*        notice is always included in the copies.                    *
*                                                                    *
*        Other rights are reserved except as explicitly granted      *
*        by written permission of the author.                        *
*                Pavel Curtis                                        *
*                Computer Science Dept.                              *
*                405 Upson Hall                                      *
*                Cornell University                                  *
*                Ithaca, NY 14853                                    *
*                                                                    *
*                Ph- (607) 256-4934                                  *
*                                                                    *
*                Pavel.Cornell@Udel-Relay   (ARPAnet)                *
*                decvax!cornell!pavel       (UUCPnet)                *
*********************************************************************/
</pre>
  </blockquote>

  <p>The <code>rlog</code> comments say this notice was added
  October 25, 1982.</p>

  <h3 id="ncurses_0_7_2-h3"><a name="ncurses_0_7_2" id=
  "ncurses_0_7_2">ncurses 0.7.2 &ndash; May 22, 1993</a></h3>

  <p>While researching for this page, I found 0.7.2 in <a href=
  "http://www.oldlinux.org/Linux.old/distributions/TAMU/TAMU-1.0D/src/tar/">
  TAMU-1.0D</a></p>

  <p>There was a binary-only distribution of ncurses 0.7 in
  <a href="http://ftp.heanet.ie/mirrors/slackware/pub/slackware/slackware-1.01/a9/">
  Slackware 1.01</a>. While there are <a href=
  "http://ibiblio.org/pub/linux/docs/linux-announce.archive/Index">scattered
  announcements</a>, there is no earlier source code to comment
  upon.</p>

  <p>The most noticeable difference between pcurses and ncurses is
  of course the removal of copyright notices and rlog comments from
  the C source, putting the "old" and "new" copyright notices in
  separate files. Here is the "new" copyright notice (timestamp
  January 24, 1993):</p>

  <blockquote>
    <pre class="code-block">
/*********************************************************************
*                         COPYRIGHT NOTICE                           *
**********************************************************************
*        This software is copyright (C) 1982 by Pavel Curtis         *
*        Parts of it are copyright (C) 1992 by Zeyd M. Ben-Halim     *
*                                                                    *
*        Permission is granted to reproduce and distribute           *
*        this file by any means so long as no fee is charged         *
*        above a nominal handling fee and so long as this            *
*        notice is always included in the copies.                    *
*                                                                    *
*********************************************************************/
</pre>
  </blockquote>

  <h3 id="ncurses_1_8_1-toc"><a name="ncurses_1_8_1" id=
  "ncurses_1_8_1">ncurses 1.8.1 &ndash; November 5, 1993</a></h3>

  <p>This was the first version of ncurses for which I found source
  code in 1996, e.g., with <a href=
  "http://mirrors.dotsrc.org/slackware/slackware-2.0.1/slakware/contrib/">
  Slackware 2.0.1</a>.</p>

  <p>What I saw in 1996 (and 1997) was that this release was only a
  little larger than pcurses. The copyright notices (and
  <code>rlog</code> comments) were removed from each file. The
  actual copyright notice was in <code>src/COPYRIGHT.NEW</code>,
  dated September 16, 1993. It differs from the 0.7.2 version by
  changing the date and disclaiming warranty. The
  <code>src/COPYRIGHT.OLD</code> file is unchanged, but its
  timestamp in the 1.8.1 tarball is June 18, 1993.</p>

  <p>Aside from adding copyright ownership, and a disclaimer, the
  permissions granted are identical:</p>

  <blockquote>
    <pre class="code-block">
/***************************************************************************
*                         COPYRIGHT NOTICE                                 *
****************************************************************************
*        This software is copyright (C) 1982 by Pavel Curtis               *
*        Parts of it are copyright (C) 1992, 1993 by Zeyd M. Ben-Halim     *
*                                                                          *
*        Permission is granted to reproduce and distribute                 *
*        this file by any means so long as no fee is charged               *
*        above a nominal handling fee and so long as this                  *
*        notice is always included in the copies.                          *
*                                                                          *
*        ncurses comes AS IS with no warranty, implied or expressed.       *
*                                                                          *
***************************************************************************/
</pre>
  </blockquote>

  <p>Each of the C-source and Awk-source files which made up the
  library contained a comment pointing the reader to the file
  containing the copyright notice. The test/example programs had no
  copyright notice.</p>

  <p>ncurses 1.8.1 also included some C++ files, e.g., a panel
  interface:</p>

  <blockquote>
    <pre class="code-block">
Copyright (C) 1993 by Anatoly Ivasyuk
</pre>
  </blockquote>

  <p>and a curses interface, attributed to Ulrich Drepper. The
  panel library itself was distributed separately from ncurses.</p>

  <h3 id="ncurses_1_8_5-toc"><a name="ncurses_1_8_5" id=
  "ncurses_1_8_5">ncurses 1.8.5 &ndash; February 23, 1994</a></h3>

  <p>The <code>COPYRIGHT.OLD</code> file is replaced with this:</p>

  <blockquote>
    <pre class="code-block">
Pavel Curtis has given up his copyright to the public domain. This mean
his ORIGINAL sources are in the public domain, not this current release.
This current release IS copyrighted, see COPYRIGHT.NEW.
</pre>
  </blockquote>

  <p>The permissions granted are more elaborate and (noting the
  "written permission") more restrictive:</p>

  <blockquote>
    <pre class="code-block">
/***************************************************************************
*                         COPYRIGHT NOTICE                                 *
****************************************************************************
*              ncurses is copyright (C) 1992, 1993, 1994                   *
*                        by Zeyd M. Ben-Halim                              *
*                        zmbenhal@netcom.com                               *
*                                                                          *
*        Permission is hereby granted to reproduce and distribute ncurses  *
*        by any means and for any fee, whether alone or as part of a       *
*        larger distribution, in source or in binary form, PROVIDED        *
*        this notice remains in the sources and is reproduced in any       *
*        documentation accompanying it or the applications linked with it. *
*        Any other use of ncurses, including incorporating it in another   *
*        product is subject to written permission.                         *
*                                                                          *
*        ncurses comes AS IS with no warranty, implied or expressed.       *
*                                                                          *
***************************************************************************/
</pre>
  </blockquote>

  <p>Eric Raymond first appears in the <code>CHANGES</code> file.
  One change, cited for 1.8.3, was related to the problem with
  color which I pointed out more than a year later:</p>

  <blockquote>
    <pre class="code-block">
*) PDCurses seem to assume that wclear() will use current attribute
   when clearing the screen. According to Eric this is not the case
   with SVR4.
</pre>
  </blockquote>

  <p>The panel library was distributed as part of ncurses with this
  release.</p>

  <p>This release introduced manpages provided by Eric Raymond. In
  his note, Eric said:</p>

  <blockquote>
    <pre class="code-block">
I prepared them by reverse-nroffing the (uncopyrighted) SVr4 curses
man pages with an Emacs package I wrote for the purpose.  I then rewrote
them extensively, removing passive voice, adding many clarifications, and
cleaning up and tightening the language.
</pre>
  </blockquote>

  <p>Later, I pointed out that large sections of the documentation
  were identical with SVr4, e.g., as on Solaris.</p>

  <h3 id="ncurses_1_8_6-toc"><a name="ncurses_1_8_6" id=
  "ncurses_1_8_6">ncurses 1.8.6 &ndash; October 22, 1994</a></h3>

  <p>The requirement for attribution was tightened, and "written
  permission" was dropped:</p>

  <blockquote>
    <pre class="code-block">
/***************************************************************************
*                            COPYRIGHT NOTICE                              *
****************************************************************************
*                ncurses is copyright (C) 1992, 1993, 1994                 *
*                          by Zeyd M. Ben-Halim                            *
*                          zmbenhal@netcom.com                             *
*                                                                          *
*        Permission is hereby granted to reproduce and distribute ncurses  *
*        by any means and for any fee, whether alone or as part of a       *
*        larger distribution, in source or in binary form, PROVIDED        *
*        this notice is included with any such distribution, not removed   *
*        from header files, and is reproduced in any documentation         *
*        accompanying it or the applications linked with it.               *
*                                                                          *
*        ncurses comes AS IS with no warranty, implied or expressed.       *
*                                                                          *
***************************************************************************/
</pre>
  </blockquote>

  <h3 id="ncurses_1_9-h3"><a name="ncurses_1_9" id=
  "ncurses_1_9">ncurses 1.9 &ndash; April 20, 1995</a></h3>

  <p>The copyright notice was updated to add Eric Raymond, who had
  been involved in development since 1993. Version 1.8.5 (February
  23, 1994) lists contributions dating to late 1993.</p>

  <p>The permissions were also relaxed, omitting the clause dealing
  with documentation:</p>

  <blockquote>
    <pre class="code-block">
/***************************************************************************
*                            COPYRIGHT NOTICE                              *
****************************************************************************
*                ncurses is copyright (C) 1992-1995                        *
*                          Zeyd M. Ben-Halim                               *
*                          zmbenhal@netcom.com                             *
*                          Eric S. Raymond                                 *
*                          esr@snark.thyrsus.com                           *
*                                                                          *
*        Permission is hereby granted to reproduce and distribute ncurses  *
*        by any means and for any fee, whether alone or as part of a       *
*        larger distribution, in source or in binary form, PROVIDED        *
*        this notice is included with any such distribution, and is not    *
*        removed from any of its header files. Mention of ncurses in any   *
*        applications linked with it is highly appreciated.                *
*                                                                          *
*        ncurses comes AS IS with no warranty, implied or expressed.       *
*                                                                          *
***************************************************************************/
</pre>
  </blockquote>

  <p>The copyright notice was added to each file that had a comment
  pointing to COPYRIGHT.NEW.</p>

  <p>Most (11 of 13) of the changes documented in the 1.8.8 to
  1.8.9 step were my work, unattributed.</p>

  <h3 id="ncurses_1_9_1-h3"><a name="ncurses_1_9_1" id=
  "ncurses_1_9_1">ncurses 1.9.1 &ndash; May 3, 1995</a></h3>

  <p>The <code>CHANGES</code> file does not reflect the changes
  made. Its only change was to clarify a point regarding PDCurses
  in the 1.9 fixes made for background color. The
  <code>ANNOUNCE</code> file gives a hint (covering about 1/3 of
  the changes made):</p>

  <blockquote>
    <pre class="code-block">
New in 1.9.1:
        * Integrated panels support.
        * ncurses output can now be redirected.
</pre>
  </blockquote>

  <p>No change was made to the copyright notice. However, the two
  source files for the panel support gave some attribution to its
  original author.</p>

  <h3 id="ncurses_1_9_2-h3"><a name="ncurses_1_9_2" id=
  "ncurses_1_9_2">ncurses 1.9.2 &ndash; May 30, 1995</a></h3>

  <p>The reason for the release was my work, introducing the
  configure script. The <code>CHANGES</code> file said only:</p>

  <blockquote>
    <pre class="code-block">
*) use 'autoconf' to implement 'configure' script.
</pre>
  </blockquote>

  <p>Like the test/example programs, the ncurses copyright notice
  was not applied to my ongoing work with the configure script. My
  ownership of its copyright was never in serious doubt, though
  later Eric claimed that <em>he</em> owned it.</p>

  <p>According to <em>GNU's Bulletin</em> in <a href=
  "https://web.archive.org/web/20080426230444/http://www.cs.utah.edu/dept/old/texinfo/bulletin.html">
  June 1995</a>, 1.9.1a was distributed on a GNU tape, as well as
  nvi. DECUS has a copy of a later tape with 1.9.2d <a href=
  "http://www.decuslib.com/decus/lt95a/gnusoftware/">here</a>.</p>

  <h3 id="ncurses_1_9_3-h3"><a name="ncurses_1_9_3" id=
  "ncurses_1_9_3">ncurses 1.9.3 &ndash; July 12, 1995</a></h3>

  <p>The three of us had a short discussion regarding
  <code>resizeterm</code> starting around the time 1.9.3 was
  released. Keeping in mind that it had been a full year since my
  first inconclusive contact with Zeyd, and that I had spent half
  of that time cleaning up their code, it was time to resume my
  original goal.</p>

  <p>I submitted a patch on July 15 (actually prepared on July 8)
  to incorporate <code>resizeterm</code> The text was different,
  and for those files I was listed as the copyright owner:</p>

  <blockquote>
    <pre class="code-block">
/******************************************************************************
 * Copyright 1995 by Thomas E. Dickey.  All Rights Reserved.                  *
 *                                                                            *
 * You may freely copy or redistribute this software, so long as there is no  *
 * profit made from its use, sale trade or reproduction. You may not change   *
 * this copyright notice, and it must be included in any copy made.           *
 ******************************************************************************/
</pre>
  </blockquote>

  <p>There were two points of contention. Contemporary readers may
  focus on the permissions; but that was less unusual in the mid
  1990s. The more important aspect was the copyright ownership
  (both attribution and the ability to grant permissions). At that
  point, most of my improvements to ncurses were unacknowledged in
  the <code>CHANGES</code> file (noting that I was credited
  <em>only</em> with spelling fixes and one patch to address
  portability for NeXT). For instance,</p>

  <ul>
    <li>1.9.2 and 1.9.3 introduced my work on the configure
    script.</li>

    <li>Earlier, 1.8.9 compiler-warning fixes, etc., were my
    work.</li>

    <li>The changes for <code>wkbgd</code> in 1.8.8 were the result
    of my report, followup with testing ncurses versus Solaris
    curses. (I could have sent a patch, but at that time thought
    that I could move on after getting <code>resizeterm</code>
    integrated).</li>
  </ul>

  <p>However, rather than arguing or discussing the language of the
  copyright, Zeyd and Eric both asserted that their copyright
  notice had to be used, without change. After a few messages back
  and forth, Eric cc'd me on a message to Zeyd, saying that while
  the copyright notice was not negotiable, that they might
  <em>allow</em> me to have my name on the files. The tone of that
  email, in particular the word <em>allow</em> was unnecessarily
  rude. It was clear from the context that their names would be on
  the copyright notice, that the <em>allow</em> referred to an
  "author" comment found in many files, separated from the
  copyright notice.</p>

  <p>Eric's comments terminated the discussion.</p>

  <p>The wording of the permissions, by the way, was that which I
  used initially in 1994 to take into account the agreement which I
  had with my employer delineating this type of activity. From
  their standpoint, "as long as no money is involved", they were
  unconcerned. When asked politely (as in the case of <a href=
  "/diffstat/diffstat.html">diffstat</a>), I would agree to
  accommodate the request.</p>

  <h3 id="ncurses_1_9_4-h3"><a name="ncurses_1_9_4" id=
  "ncurses_1_9_4">ncurses 1.9.4 &ndash; August 11, 1995</a></h3>

  <p>This release began integrating Juergen Pfeifer's libraries
  (the menu library first), with no change to the copyright
  notice.</p>

  <p>Each of the C-source files added bore the same copyright
  notice. Juergen's name was not on any of those files. He was
  listed as author in the supporting documentation, including
  manpages.</p>

  <p>As with the previous inclusion of manpages, Eric wrote the
  manpages using SVr4 documentation as a basis. In this release,
  there was no claim that those were uncopyrighted.</p>

  <h3 id="ncurses_1_9_5-toc"><a name="ncurses_1_9_5" id=
  "ncurses_1_9_5">ncurses 1.9.5 &ndash; September 11, 1995</a></h3>

  <h3 id="ncurses_1_9_6-toc"><a name="ncurses_1_9_6" id=
  "ncurses_1_9_6">ncurses 1.9.6 &ndash; October 13, 1995</a></h3>

  <p>This release finished adding Juergen's libraries, i.e., the
  form library.</p>

  <p>It also added <code>tset</code>, which was mostly (70%
  according to my analysis in 2009) copied without change from 4.4
  BSD. In this case, the Regent's copyright is also used.</p>

  <h3 id="ncurses_1_9_7a-toc"><a name="ncurses_1_9_7a" id=
  "ncurses_1_9_7a">ncurses 1.9.7a &ndash; November 10,
  1995</a></h3>

  <p>The two "a" releases 1.9.7a and 1.9.8a were issued because
  Zeyd released 1.9.7 and 1.9.8 without checking if they built
  successfully. I reported the problems with both, and was told it
  was "too late".</p>

  <h3 id="ncurses_1_9_8a-toc"><a name="ncurses_1_9_8a" id=
  "ncurses_1_9_8a">ncurses 1.9.8a &ndash; December 9, 1995</a></h3>

  <h3 id="ncurses_1_9_9-toc"><a name="ncurses_1_9_9" id=
  "ncurses_1_9_9">ncurses 1.9.9 &ndash; February 13, 1996</a></h3>

  <p>This release added one new file using the ncurses copyright.
  It was <code>ncurses/lib_resize.c</code>.</p>

  <p>That was the result of a collaboration between Eric Raymond
  and Ken Hollis. Ken would write the code and Eric would use it.
  At least that's the way it was presented by Raymond in email,
  first privately on January 6th and then on the mailing list on
  the 12th.</p>

  <p>Ken Hollis was in the process of writing a small library named
  <a href=
  "http://www.ibiblio.org/pub/linux/docs/LSM/LSM.1999-08-30">winlib</a>,
  which approached resizing in a different way. The code that Eric
  Raymond added to ncurses was based on reading the patch which I
  had made (at this writing, noting the similarity of the logic),
  and extending that to handle subwindows. I had already pointed
  Ken Hollis to my patch on December 26, 1995, and Eric Raymond had
  more than once read the patch.</p>

  <p>Likewise, the accompanying manpage was based on the manpage
  which I had written. To make his point clear, Raymond added a
  paragraph which explicitly claimed originality:</p>

  <blockquote>
    <p>This call was designed for ncurses(3x), and is not found in
    SVr4 curses, 4.4BSD curses, or any other previous version of
    curses. It is recommended that you conditionalize all code
    depending on it with the symbol NCURSES.</p>
  </blockquote>

  <p>In either case (whoever was the programmer), it was
  plagiarism. The manpage was written by Eric Raymond.</p>

  <p>While I was considering my next step, I happened upon an
  amusing incident related to this. My usual practice in inspecting
  an ncurses snapshot was to build it, and link my programs against
  it. I overlooked applying my patch, and since it built, did not
  immediately notice that I was using the unpatched ncurses
  version. My program dumped core. I investigated (using
  ElectricFence) and found three places in the code which indexed
  one cell too far. I informed Eric that I had found that his
  version would dump core. After a few emails, he had not taken the
  time to investigate. As I told him (on the mailing list, February
  28):</p>

  <blockquote>
    <p>I traced the core dump down to an error in your version of
    wresize (it's a fine point of etiquette, but you'll have to
    analyze and fix it).</p>
  </blockquote>

  <h3 id="ncurses_1_9_9a-h3"><a name="ncurses_1_9_9a" id=
  "ncurses_1_9_9a">ncurses 1.9.9a &ndash; March 4, 1996</a></h3>

  <h3 id="ncurses_1_9_9b-h3"><a name="ncurses_1_9_9b" id=
  "ncurses_1_9_9b">ncurses 1.9.9b &ndash; March 6, 1996</a></h3>

  <h3 id="ncurses_1_9_9c-toc"><a name="ncurses_1_9_9c" id=
  "ncurses_1_9_9c">ncurses 1.9.9c &ndash; March 12, 1996</a></h3>

  <p>The <code>TO-DO</code> file was modified to note</p>

  <blockquote>
    <pre class="code-block">
* The wresize() code has been reported to core-dump occasionally.  The
  maintainers haven't been able to reproduce this.
</pre>
  </blockquote>

  <h3 id="ncurses_1_9_9d-toc"><a name="ncurses_1_9_9d" id=
  "ncurses_1_9_9d">ncurses 1.9.9d &ndash; March 17, 1996</a></h3>

  <h3 id="ncurses_1_9_9e-toc"><a name="ncurses_1_9_9e" id=
  "ncurses_1_9_9e">ncurses 1.9.9e &ndash; March 24, 1996</a></h3>

  <p>This marked the end of Zeyd's maintainership of ncurses. It
  was still his mailing list, but it was the last release that he
  prepared, and he made only minor contributions past that
  point.</p>

  <p>The release introduced a bug in the form library; it did not
  refresh.</p>

  <p>I decided at this point that I would no longer send patches to
  Eric or Zeyd:</p>

  <ul>
    <li>I had done more than half of the total work on ncurses
    during the past year.</li>

    <li>I had more than once done the fixes to repair a broken
    release.</li>

    <li>There was that matter of plagiarism.</li>
  </ul>

  <p>As a matter of practice, this meant that I would send only
  patch announcements to the mailing list. Patches would be
  accessible on my ftp area, at ClarkNet.</p>

  <p>I made a collection of all of the available snapshots of
  ncurses, and sorted them by date, checked in sequentially to
  build a "prehistory" for an archive to start development.</p>

  <h3 id="patch_960406-h3"><a name="patch_960406" id=
  "patch_960406">April 6, 1996</a></h3>

  <p>This was the first patch against my ncurses archive. In
  addition to the C files, I began updating the <a href=
  "NEWS.html#t960406">NEWS file</a>. The ncurses NEWS file has been
  the <a href="/personal/changelogs.html">changelog</a> since
  <a href="#ncurses_1_9_4">release 1.9.4</a> in 1995, replacing the
  older CHANGES file.</p>

  <ul>
    <li>Unlike Zeyd, I chose to date each patch, in the NEWS
    file.</li>

    <li>Further, I would cite each contributor in the NEWS
    file.</li>

    <li>However, I had no intention of providing releases.</li>
  </ul>

  <p>The point of maintaining my own archive was to compel Eric and
  Zeyd (by competition or whatever motivation) to make their
  version of ncurses better.</p>

  <p>However, there was no follow-up version from Zeyd. I collected
  some of Eric's patches from the mailing list over the next month
  before he reoriented himself and decided that my archive was his
  official repository.</p>

  <p>For instance, Eric's patch #294 on April 4 included fixes by
  Juergen for the form library. In email (April 1, 1996), Juergen
  sent a patch, reporting</p>

  <blockquote>
    <p>due to a change in the wsyncup() routine in module
    lib_window.c the form and menu code is broken. Because the fix
    in wsyncup() is correct, I've to provide this small patch which
    fixes the problems. Obviously next time we have to better
    synchronize our cross-testing before we release.</p>
  </blockquote>

  <p>Juergen amended that (April 3, 1996):</p>

  <blockquote>
    <pre class="code-block">
Hi Eric,

yes, you applied it correctly, but unfortunately I forgot to
mail also the patch that is necessary for ncurses/lib_window.c,
where the implementation of wsyncup() and wsyncdown() has
changed for 1.9.9 and is terribly broken.

At least after you apply this patch, you may drop my last
patch for form and menu. It doesn't harm, but it is unnecessary
defensive programming and may affect performance.

This is the patch for lib_window.c

Regards
Juergen
</pre>
  </blockquote>

  <h3 id="may_1996-h3"><a name="may_1996" id="may_1996">May
  1996</a></h3>

  <p>Philippe De Muyter suggested that I also note who reported a
  problem; I began recording these as "requested by", "reported
  by", etc., noting that "requested by" carries the connotation of
  whose idea the change was.</p>

  <p>One long-running dispute which began in May 1996 was regarding
  the <em>hashmap</em> feature to improve scrolling performance.
  Eric added it in his patch #301, which I applied in <a href=
  "NEWS.html#t960526">late May</a>. His email noted</p>

  <blockquote>
    <pre class="code-block">
ncurses/hashmap.c:
        New file.  It's included after the patch band.  Use a modified
        Heckel algorithm on line hashes to fill in scramble-vector
        information based on the old and new screen contents,
</pre>
  </blockquote>

  <p>"Heckel" refers to (CACM-3114 April 1978). As an aside, see
  Paul Heckel's 1992 article <a href=
  "http://groups.csail.mit.edu/mac/classes/6.805/articles/int-prop/heckel-debunking.html">
  Debunking the Software Patent Myths</a>.</p>

  <p>However when I measured it, rather than improving performance,
  the result was often slower, typically 5-20%.</p>

  <p>I added the source, but after measuring it, <a href=
  "NEWS.html#t960615">ifdef'd it out</a>.</p>

  <h3 id="june_1996-h3"><a name="june_1996" id="june_1996">June
  1996</a></h3>

  <p>Acting as the maintainer, I was able to see first-hand Eric's
  changes before they were applied. Much of Eric's work was
  poor-quality.</p>

  <p>One example that I recall clearly was that in July/August, he
  sent 6 successive patches for the terminfo.src file&mdash;5 of
  those were defective.</p>

  <p>Also (though he usually cited contributions in the
  accompanying email), Eric's suggested updates for the NEWS file
  were almost all for his own work. Initially, I had thought that
  Eric and Zeyd would update their site and construct the NEWS file
  according to their own tastes. In my version, I listed Eric's
  patches, adding highlights (but not all features) to NEWS. In
  reviewing email to obtain the information for this page, I have
  updated NEWS to reflect the accompanying email as well.</p>

  <p>Reviewing one patch in June, I had just spent some late nights
  fixing a previous patch of his. I wrote to Eric, advising him
  that I would not put his patch in that week, because I could see
  problems with it.</p>

  <p>Eric replied, saying</p>

  <blockquote>
    <p>You have no right to do this,<br>
    for I am an author of ncurses,<br>
    and you are not.</p>
  </blockquote>

  <p>On that occasion, I gave in (<em>I</em> did the work to fix
  the patch). Additionally, I continued to correct his patches
  through November 1996.</p>

  <p>However, I did not give in on the <em>hashmap</em> code. That
  issue was finally resolved by Alexander V. Lukyanov in 1997.
  Because of the substantial improvements he made, Alexander is
  arguably the primary author of this feature; without those
  improvements it would not be part of ncurses today. In terms of
  total contribution to ncurses since 1996, Alexander ranks fourth,
  immediately after Eric.</p>

  <h3 id="patch_960907-h3"><a name="patch_960907" id=
  "patch_960907">September 7, 1996</a></h3>

  <p>I fixed one of the problems in <a href=
  "#ncurses_1_9_9">1.9.9</a>:</p>

  <blockquote>
    <pre class="code-block">
960907  - snapshot
        + replaced Eric's imitation of wresize with my original (his didn't
          work).
</pre>
  </blockquote>

  <p>This patch used the MIT X11 license, which I was using with
  xterm:</p>

  <blockquote>
    <pre class="code-block">
/******************************************************************************
 * Copyright 1996 by Thomas E. Dickey &lt;dickey@clark.net&gt;                      *
 * All Rights Reserved.                                                       *
 *                                                                            *
 * Permission to use, copy, modify, and distribute this software and its      *
 * documentation for any purpose and without fee is hereby granted, provided  *
 * that the above copyright notice appear in all copies and that both that    *
 * copyright notice and this permission notice appear in supporting           *
 * documentation, and that the name of the above listed copyright holder(s)   *
 * not be used in advertising or publicity pertaining to distribution of the  *
 * software without specific, written prior permission. THE ABOVE LISTED      *
 * COPYRIGHT HOLDER(S) DISCLAIM ALL WARRANTIES WITH REGARD TO THIS SOFTWARE,  *
 * INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS, IN NO     *
 * EVENT SHALL THE ABOVE LISTED COPYRIGHT HOLDER(S) BE LIABLE FOR ANY         *
 * SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER       *
 * RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF       *
 * CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN        *
 * CONNECTION WITH THE USE OR PERFORMANCE OF THIS SOFTWARE.                   *
 ******************************************************************************/
</pre>
  </blockquote>

  <h3 id="october_1996-h3"><a name="october_1996" id=
  "october_1996">October 1996</a></h3>

  <p>Juergen sent email with the <a href=
  "/ncurses/ncurses-Ada95.html">Ada95 binding</a>. I was initially
  unable to compile this (although I was familiar with Ada, the
  available compiler did not work), and did not immediately add it
  to my snapshots. Eric was unfamiliar with Ada. Zeyd objected to
  its inclusion (in our discussion of <a href=
  "#patch_961130">ncurses 1.9.g</a> on November 30):</p>

  <blockquote>
    <pre class="code-block">
I would also like to package non-C support seperately. The Ada binding increase
the size and complexity of the package, but are unneeded by the overwhelming
majority of ncurses users. We now have C++, Ada, Modula-2, and FORTRAN interfaces.
</pre>
  </blockquote>

  <p>At the time, I was undecided, suggesting that separate
  packages might work. Juergen argued against that, pointing out
  that it increased "only slightly".</p>

  <p>The Ada95 binding also had Juergen's copyright notice, based
  on the wording used by Eric and Zeyd. Here is a sample:</p>

  <blockquote>
    <pre class="code-block">
#----------------------------------------------------------------------------
#                                                                          --
#                            GNAT ncurses Binding                          --
#                                gen/Makefile                              --
#                                                                          --
#  Version 00.91                                                           --
#                                                                          --
#  The ncurses Ada95 binding is copyrighted 1996 by                        --
#  Juergen Pfeifer, Email: Juergen.Pfeifer@T-Online.de                     --
#                                                                          --
#  Permission is hereby granted to reproduce and distribute this           --
#  binding by any means and for any fee, whether alone or as part          --
#  of a larger distribution, in source or in binary form, PROVIDED         --
#  this notice is included with any such distribution, and is not          --
#  removed from any of its header files. Mention of ncurses and the        --
#  author of this binding in any applications linked with it is            --
#  highly appreciated.                                                     --
#                                                                          --
#  This binding comes AS IS with no warranty, implied or expressed.        --
#----------------------------------------------------------------------------
</pre>
  </blockquote>

  <h3 id="november_1996-h3"><a name="november_1996" id=
  "november_1996">November 1996</a></h3>

  <h3 id="patch_961130-toc"><a name="patch_961130" id=
  "patch_961130">ncurses 1.9.9g &ndash; November 30, 1996</a></h3>

  <p>I released ncurses <a href=
  "/ncurses/NEWS.html#v1_9_9g">1.9.9g</a>.</p>

  <p>The version number itself had been suggested by Zeyd in
  discussion July 3rd. He had started to apply patches, attempting
  to resync against my changes. There were some problems with it; I
  did not see a followup. As I commented in email to a user
  September 14:</p>

  <blockquote>
    <pre class="code-block">
So at the moment we're sort of at an impasse: I'm not going to do an official
release until Zeyd does something about the credits, and he's not going to
do anything, because he's not feeling that he's in control - but wants to be.
Probably what'll happen will be that he discontinues his mailing list (that's
the easy solution - he could issue another broken release).  After the past
few years, I doubt that the graceful solution will occur to him (I've been
working on it intermittently since December 1993, but fairly consistently
for two years - it supports another of my projects).
</pre>
  </blockquote>

  <p>and on the 16th:</p>

  <blockquote>
    <pre class="code-block">
(When Zeyd last emailed me in mid-July, it was to tell me about a "1.9.9g"
version - but he was still ~30k of diffs away from my version -- and his
wouldn't work, because some of the diffs were pieces of bugs.  So I told
him there was no point in discussing it until he got in sync - I assume he's
sulking).
</pre>
  </blockquote>

  <p>The technical goal for the release was to mark a stable point
  before modifying the versioning to work with the latest Linux
  dynamic loader. Juergen had reported in mid-November</p>

  <blockquote>
    <pre class="code-block">
I just installed the newest dynamic linker ld.so.1.8.5 on my
Linux box. It appears that this version no longer accepts that
a shared library file that is not a symbolic link can have a
name different from its soname. So, our current construct

    libblabla.so.1.9.9g   is the real file
    libblabla.so.3.3      is the symbolic link

no longer works, it must be the vice versa relation.
</pre>
  </blockquote>

  <p>The proposed solution was to bump both numbers up to 4. But we
  <em>could not</em> do just that because there had been no recent
  stable release for users to migrate from.</p>

  <p>The release itself was by agreement between me, Zeyd and
  Juergen, in response to Eric's repeated demands for a release, as
  well as repeated threats to "hijack" the project. From email, I
  see that Eric started demanding a release in May 1996, repeated
  in July, September, October and November. The threats to hijack
  the project started in September. He also demanded a copy of my
  bug-list, which I declined. As I noted in email to Juergen:</p>

  <blockquote>
    <pre class="code-block">
From dickey Mon Nov 18 21:15:24 1996
Subject: Re: Bug lists, please? (fwd)
To: Juergen.Pfeifer@t-online.de (Juergen Pfeifer)
Date: Mon, 18 Nov 1996 21:15:24 -0500 (EST)
X-Mailer: ELM [version 2.4 PL24alpha3]
MIME-Version: 1.0
Content-Type: text/plain; charset=ISO-8859-1
Content-Transfer-Encoding: 8bit
Status: RO
Content-Length: 243
Lines: 5

You might find this interesting (I did send Eric a copy of my bug list
some time ago -- he responded with several patches that made the list
longer by introducing more bugs -- so I'm rather reluctant to add to my
overhead).

Forwarded message:
</pre>
  </blockquote>

  <p>Here is my email advising Zeyd and Juergen of the upcoming
  release, which I cc'd to the mailing list. Zeyd, who perhaps did
  not notice that it was sent to the mailing list, forwarded the
  email to Eric, whose most recent threat to hijack the project was
  on the preceding day:</p>

  <blockquote>
    <pre class="code-block">
From owner-ncurses-list@majordomo.netcom.com  Sat Nov 30 18:51:41 1996
Received: from majordomo.netcom.com (listless.netcom.com [206.217.29.105]) by mail.clark.net (8.7.3/8.6.5) with ESMTP id SAA21073 for &lt;dickey@clark.net&gt;; Sat, 30 Nov 1996 18:51:40 -0500 (EST)
Received: by majordomo.netcom.com (8.7.5/8.7.3/(NETCOM MLS v1.01)) id PAA18685; Sat, 30 Nov 1996 15:39:53 -0800 (PST)
From: "T.E.Dickey" &lt;dickey@clark.net&gt;
Message-Id: &lt;199611302339.SAA27746@explorer2.clark.net&gt;
Subject: ncurses 1.9.9g (?)
To: zmbenhal@netcom.com (Zeyd M. Ben-Halim),
        Juergen.Pfeifer@T-Online.de (Juergen Pfeifer)
Date: Sat, 30 Nov 1996 18:39:50 -0500 (EST)
Cc: ncurses-list@netcom.com (Ncurses Mailing List)
X-Mailer: ELM [version 2.4 PL24alpha3]
MIME-Version: 1.0
Content-Type: text/plain; charset=ISO-8859-1
Content-Transfer-Encoding: 8bit
Sender: owner-ncurses-list@majordomo.netcom.com
Errors-To: owner-ncurses-list@majordomo.netcom.com
Precedence: bulk
Reply-To: ncurses-list@netcom.com
Status: RO
Content-Length: 753
Lines: 19

I'm putting together this week's snapshot as a formal release of 1.9.9g
As I discussed before, there's a few issues that should be cleared up
before 2.0.0, however much it irritates Eric

        + the shared library versioning reported by Juergen (this is fairly
          simple to work on)

        + the resizing via endwin/refresh (if I don't get dumped on, that'll
          take a week or two with my current timing).

        + check on the scrolling bug that I observed, and decide when/what
          to do about it (I'm reluctant to make fast changes: _all_ of the
          optimizer changes that have been given to me by Alex or Eric have
          had bugs in them - some minor, some subtle &amp; nasty -- I don't have
          time to fix Eric's patches just now).

--
Thomas E. Dickey
dickey@clark.net
</pre>
  </blockquote>

  <p>And this was the formal announcement:</p>

  <blockquote>
    <pre class="code-block">
From owner-ncurses-list@majordomo.netcom.com  Sun Dec  1 20:37:31 1996
Received: from majordomo.netcom.com (listless.netcom.com [206.217.29.105]) by mail.clark.net (8.7.3/8.6.5) with ESMTP id UAA12505 for &lt;dickey@clark.net&gt;; Sun, 1 Dec 1996 20:37:30 -0500 (EST)
Received: by majordomo.netcom.com (8.7.5/8.7.3/(NETCOM MLS v1.01)) id RAA26790; Sun, 1 Dec 1996 17:24:40 -0800 (PST)
From: "T.E.Dickey" &lt;dickey@clark.net&gt;
Message-Id: &lt;199612020124.UAA06527@clark.net&gt;
Subject: ncurses 1.9.9g release
To: ncurses-list@netcom.com (Ncurses Mailing List)
Date: Sun, 1 Dec 1996 20:24:38 -0500 (EST)
X-Mailer: ELM [version 2.4 PL24alpha3]
MIME-Version: 1.0
Content-Type: text/plain; charset=ISO-8859-1
Content-Transfer-Encoding: 8bit
Sender: owner-ncurses-list@majordomo.netcom.com
Errors-To: owner-ncurses-list@majordomo.netcom.com
Precedence: bulk
Reply-To: ncurses-list@netcom.com
Status: RO
Content-Length: 361
Lines: 13

I've completed my regression builds for ncurses 1.9.9g (a couple of minor
fixes since last night).  It's available in

        ftp.clark.net:/pub/dickey/ncurses/ncurses-1.9.9g.tgz

and will probably be in Zeyd's directory soon (I put a copy in his incoming
directory).

(this is an interim release - further changes are planned)

--
Thomas E. Dickey
dickey@clark.net
</pre>
  </blockquote>

  <p>At the same time, I added the same MIT-X11 copyright notice to
  the 37 remaining files for which I was the author, e.g., the
  configure script, makefiles, as well as some of the source code,
  such as <code>test.priv.h</code>.</p>

  <h3 id="december_1996-h3"><a name="december_1996" id=
  "december_1996">December 1996</a></h3>

  <p>On December 20, Eric Raymond asserted in email that 1.9.9g had
  not been announced on the mailing list (see above).</p>

  <p>Not much else from his comments are of interest, since they
  were merely a rehash of previous verbal attacks.</p>

  <h3 id="patch_961224-h3"><a name="patch_961224" id=
  "patch_961224">ncurses 4.0 &ndash; December 24, 1996</a></h3>

  <p>The release of ncurses 4.0 was done to solve a technical
  issue. As noted before, I released <a href=
  "NEWS.html#v1_9_9g">1.9.9g</a> at the end of <a href=
  "#patch_961130">November, 1996</a> to provide a stable basis for
  the proposed 4.0 release.</p>

  <p>Zeyd for instance suggested bumping the ABI to 4.0 and the
  release version to match, in email to me and Eric on September
  24, even before the problem with ld.so.1.8.5 surfaced. At the
  time, Eric disagreed with the proposal to bump the ABI version. I
  forwarded the mail to Michael Alan Dorman (the Debian package
  maintainer for ncurses), noting that there already had been ABI
  breakage due to some of Eric's changes. No resolution was made at
  that point; email from Zeyd on November 18 still echoes that
  conversation. Eric's reply to Zeyd at that point included
  this:</p>

  <blockquote>
    <pre class="code-block">
&gt; I'm still tempted to move the whole release to 4.0 and avoid all the hassle
&gt; with sonames. a link from libncurses.3.5 -&gt; libncurses.4.0 can provide
&gt; backward compatibility since the changes are actually very limited.

I have no particular opinion about this.  I don't see how changing to 4.0
would buy us anything, but with this link it wouldn't break anything either.
Where's the gain?

Fair warning -- if you disappear down a hole again, I'm going to issue
a public release myself.  This is not to ace you out or anything, but
you've been virtually incommunicado since 1.9.9e. I don't think I've
seen four pieces of email from you since.  And people are banging down
my door trying to get a release schedule out of us.  In case you've missed
it, most of the Linuxes are ncurses-based now, and the BSD people want to
switch over on our next release.
</pre>
  </blockquote>

  <p>Zeyd replied to my mail regarding 1.9.9g (cc'ing Eric),
  proposing that we release 4.0:</p>

  <blockquote>
    <pre class="code-block">
&gt;I'm putting together this week's snapshot as a formal release of 1.9.9g
&gt;As I discussed before, there's a few issues that should be cleared up
&gt;before 2.0.0, however much it irritates Eric
&gt;
&gt;       + the shared library versioning reported by Juergen (this is fairly
&gt;         simple to work on)

Which I would like to fix via moving to 4.0.0 and keep the ABI_VERSION equal
to VERSION from now on. This will allow us to clean out any deadwood.

libncurses.so -&gt; libncurses.so.4
libncurses.so.4 -&gt; libncurses.so.4.0.0
</pre>
  </blockquote>

  <p>A later email from Zeyd dated December 4 proposed a release
  date</p>

  <blockquote>
    <pre class="code-block">
I haven't actually looked at the contents, but I'm not inclined
to include the second part in post-1.9.9g. I'm sure it can wait
for post-4.0.0. Frankly, apart from fixes to docs, very few fixes
should be incorporated prior to release of 4.0.0. The weekend
before Xmas seems like a good point to shoot for (so users can
fill their stockings :-)
</pre>
  </blockquote>

  <p>The problem with the shared libraries was becoming a nuisance,
  forcing a short timeline. My email to the mailing list on
  December 9 summarized the situation:</p>

  <blockquote>
    <pre class="code-block">
From owner-ncurses-list@majordomo.netcom.com  Mon Dec  9 05:59:42 1996
Received: from majordomo.netcom.com (listless.netcom.com [206.217.29.105]) by mail.clark.net (8.8.4/8.6.5) with ESMTP id FAA22039 for &lt;dickey@clark.net&gt;; Mon, 9 Dec 1996 05:59:41 -0500 (EST)
Received: by majordomo.netcom.com (8.7.5/8.7.3/(NETCOM MLS v1.01)) id CAA11072; Mon, 9 Dec 1996 02:47:49 -0800 (PST)
From: "T.E.Dickey" &lt;dickey@clark.net&gt;
Message-Id: &lt;199612091047.FAA29480@clark.net&gt;
Subject: Re: ldconfig reports inconsistent sonames for ncurses (linux)
To: ncurses-list@netcom.com
Date: Mon, 9 Dec 1996 05:47:46 -0500 (EST)
In-Reply-To: &lt;199612090336.NAA15150@sctnugen.ppp.gu.edu.au&gt; from "Tony Nugent" at Dec 9, 96 01:36:03 pm
X-Mailer: ELM [version 2.4 PL24alpha3]
MIME-Version: 1.0
Content-Type: text/plain; charset=ISO-8859-1
Content-Transfer-Encoding: 8bit
Sender: owner-ncurses-list@majordomo.netcom.com
Errors-To: owner-ncurses-list@majordomo.netcom.com
Precedence: bulk
Reply-To: ncurses-list@netcom.com
Status: RO

&gt;
&gt; I just installed ld.so-1.8.3 (along with upgrades to gcc, libc,
&gt; binutils etc), and running ldconfig produced the following output:
Juergen reported this a few weeks ago.  I've tested (and put into my
beta) Zeyd's proposal to bump the versions to 4.x.

&gt; /sbin/ldconfig: warning: /usr/lib/libncurses.so.1.9.9e has inconsistent soname (libncurses.so.3.0), skipping
&gt; /sbin/ldconfig: warning: /usr/lib/libncurses.so.1.9.7a has inconsistent soname (libncurses.so.2.1), skipping
(my source of amusement here is that the people who were supposed to know
that advised us that the 1.9.7a configuration was ok - I didn't like it then,
but didn't want to start a war over it, but it would have been nice for whoever
maintains ld.so to have more widely advertised the impact of the change)

&gt; This is probably a known problem, and it can probably (hopefully!) be
&gt; ignored.  Nothing here is broken - which at least is a good sign:)
When I was testing, I did notice that ld.so 1.8.5 was able to _run_ the
programs, but ldconfig doesn't show the libraries in the resulting listing.  I
suppose they'll hobble along, whimpering.

&gt; But just in case, can someone verify that this is ok (I'm aware of the
&gt; ongoing linux soname controversy with ncurses), or will be / has been
&gt; fixed in ncurses-1.9.9g (which I haven't installed yet... I'm waiting
&gt; for the final version).
probably right around Christmas, unless someone derails me -- I've got
to finish off a change that I started on Saturday, and do some more testing.

--
Thomas E. Dickey
dickey@clark.net
</pre>
  </blockquote>

  <p>I proceeded, paring down the critical bugs, and on December 24
  was ready to package a release. However, there were a few
  problems to consider: how to resolve the issue of credits, and
  how to ensure a timely release:</p>

  <ul>
    <li>For the first, it was certain that if I simply handed the
    work over to Zeyd, then the resulting <a href=
    "/ncurses/NEWS.html#v4_0">NEWS</a> file would be reworded,
    reducing and/or eliminating mention of non-<em>authors</em>.

      <p>As a rule, I have not added my name to each entry of the
      NEWS file, since (as primary developer and maintainer) it
      would be very cluttered. Later (before 4.2) I added the
      disclaimer at the top to address this. I do add my initials
      for changes to the terminfo.src file. But my name does appear
      in other contexts, and there are the other contributors to
      consider.</p>
    </li>

    <li>My ftp area was not sufficient to support a release of
    ncurses and ongoing work, so it needed a good home.</li>

    <li>Zeyd (ignoring the three-month absence) was responding to
    email. But in spite of several commenting that he was putting a
    patched version together, I saw no result.

      <p>Given that, I saw no reason to expect that the
      "authoritative" version would be released soon.</p>
    </li>
  </ul>

  <p>Reflecting on these issues, I prepared an upload to the
  <a href="http://sunsite.unc.edu/">sunsite</a> ftp server. Their
  format called for an ".lsm" (Linux Software Map) file. The ".lsm"
  file included fields for <em>developer</em> and
  <em>maintainer</em>.</p>

  <p>I added my name, and Juergen's to the developers, and listed
  them alphabetically:</p>

  <ul>
    <li>Zeyd Ben-Halim</li>

    <li>Thomas Dickey</li>

    <li>Eric S. Raymond</li>

    <li>Juergen Pfeifer</li>
  </ul>

  <p>For maintainer, I listed myself (since it was my work), and
  added Juergen Pfeifer. I added Juergen's name for two
  reasons:</p>

  <ul>
    <li>like myself, there was a lot of code in ncurses which had
    Eric's and Zeyd's names on it, which Juergen had written.</li>

    <li>he was more responsive in email, producing almost as much
    as Eric, but invariably well-considered and polite.</li>
  </ul>

  <p>I did still list Zeyd's ftp area as the primary site, and
  added my own. I also removed Eric's ftp area because it had no
  ncurses files.</p>

  <p>The timing also came into play, since that was still in time
  for Christmas.</p>

  <p>Perhaps (if I had not run short of time), I might have sent
  mail to Juergen and Zeyd in advance. However, the <a href=
  "license-mail/ncurses40/0000.html">first email</a> that I have
  from that time is the one advising Erik Troan that I had uploaded
  a release of ncurses, and that Zeyd would be making some
  announcement soon, to make it official.</p>

  <p><a href="/ncurses/license-mail/ncurses40/index.html">Here</a>
  is an archive of the discussion.</p>

  <p>As noted in the discussion, some mail was lost by the mailing
  list. I have used my "sent" file for instance when my mail to the
  list did not come back to me.</p>

  <p>Eric and Zeyd announced that they were preparing a release to
  replace ncurses 4.0, but nothing ever came of that.</p>

  <h3 id="January_1997-h3"><a name="January_1997" id=
  "January_1997">January 1997</a></h3>

  <p>I keep mail archives in six-month intervals. The first half of
  1997 had more than twice as much ncurses email as the preceding
  six months. Most of the increase is due to the conflict.</p>

  <p>I continued to make weekly patch announcements (and Alexander,
  Juergen and I continued developing), but most of the mail dealt
  with politics.</p>

  <p>On January 3, 1997, Zeyd requested that I remove ncurses 4.0
  from my ftp area. I said "no", then upon being asked</p>

  <blockquote>
    <pre class="code-block">
Gee, thanks a lot! Would you like to be more cryptic? Are you simply tring to
hijack the ncurses project before Eric does?
</pre>
  </blockquote>

  <p>I elaborated, giving my position. In our replies, we each cc'd
  Juergen and Eric. Juergen followed up with</p>

  <blockquote>
    <pre class="code-block">
Maybe I'm an ignorant, but could you please explain what hijacking of the
ncurses project means to you ? Wouldn't "adopting the ncurses orphan" be
a more proper term ?
</pre>
  </blockquote>

  <p>Eric's response was to make an (unspecified) threat.</p>

  <p>Keith Bostic had offered to help. At this point, I suggested
  to Keith that we (including Juergen) discuss how to continue the
  ncurses project. I picked up on an earlier offer of a separate
  mailing list, and possibly a new home for its ftp area. He agreed
  to help.</p>

  <p>After some discussion, Juergen approached Zeyd to better
  explain the situation. Zeyd (and Eric) did not respond until a
  week had passed (January 18). Eric announced that no upload to
  sunsite would be accepted without his approval. Zeyd (due to work
  pressure) was not eager to continue with ncurses.</p>

  <p>Replying to Zeyd, I wrote:</p>

  <blockquote>
    <pre class="code-block">
&gt; any more bullshit. If Tom wants to be responsible for maintaining releases he
&gt; can be my guest. If Eric wants to take over, he too is welcome.
We would like to move the mailing list, if you're not interested in maintaining
it anymore.  May I have a copy of your list?
</pre>
  </blockquote>

  <p>Zeyd replied on the 21st, sending a list of subscribers. I
  started talking to Keith's chief admin at BSDI (Kelly Alexander)
  on the 23rd. Due to various technical problems, the list was not
  set up immediately.</p>

  <p>In the meantime, bickering continued on the mailing list.</p>

  <p>On the 29th, Keith Bostic suggested that we talk on the
  telephone to discuss the problems with ncurses. I called him, and
  we talked for more than an hour. Keith had several comments to
  make, and suggested that I send mail to Eric outlining my
  position in detail.</p>

  <p>Eric's reply was three times as long. One of the principal
  areas of disagreement was the role of the <em>project
  maintainer</em>. From my point of view, the attributes that he
  used for that overlapped with the alternative (which he said I
  was doing), called <em>project librarian</em>. The overall tone
  was more polite, but the end result was the same as before: Eric
  was the only suitable choice for being the maintainer, and it
  would be nice if I continued as the project librarian.</p>

  <p>I discussed this reply with Keith, who suggested that I make a
  counter offer, where the project maintainership would be co-owned
  between us. I followed up first with Juergen, who had some
  concerns about Eric's proposal to be the project coordinator
  (maintainer), if we had no rules about which circumstances would
  be appropriate for Eric's overriding the others.</p>

  <p>I started my ncurses FAQ at this point (see <a href=
  "/ncurses/license-mail/original-ncurses.faq.html">original</a>
  dated January 31, 1997), and responded that evening:</p>

  <blockquote>
    <pre class="code-block">
From dickey Fri Jan 31 20:19:33 1997
Subject: Re: your mail
To: esr@snark.thyrsus.com (Eric S. Raymond)
Date: Fri, 31 Jan 1997 20:19:33 +73900 (EST)
Cc: Juergen.Pfeifer@t-online.de (Juergen Pfeifer)
In-Reply-To: &lt;199701311852.NAA08177@snark.thyrsus.com&gt; from "Eric S. Raymond" at Jan 31, 97 01:52:48 pm
X-Mailer: ELM [version 2.4 PL24alpha3]
MIME-Version: 1.0
Content-Type: text/plain; charset=ISO-8859-1
Content-Transfer-Encoding: 8bit
Content-Length: 603
Status: RO

Rather than respond point by point, I'll be brief.  My proposal (which is what
Keith &amp; I discussed this week) is that we organize this as equal partners in
respect to discussion of release targets, design issues.  (His term is 'board
of directors').  Discussion of this nature would be separate from the mailing
list - but in a polite manner nonetheless.

I would continue to maintain the source archive, as I have been doing,
integrating patches that look stable enough for public beta, tracking
problems that have been reported.
</pre>
  </blockquote>

  <p>Incidentally, I considered my phrasing about the
  &ldquo;pun&rdquo; to be awkward wording. However, I have noticed
  others quoting me on that, e.g., in the <em>ncurses <span style=
  "font-variant:small-caps">howto</span></em> written several years
  later.</p>

  <h3 id="February_1997-h3"><a name="February_1997" id=
  "February_1997">February 1997</a></h3>

  <p>I received no reply to that; the bickering continued.</p>

  <p>A user reported on the 14th that 1.9.9g was no longer
  available from Zeyd's ftp area (it was a zero-length file). I
  remarked to Juergen on the 19th that Red Hat was distributing
  ncurses 4.0 with my patches through February 9. Shortly after (on
  the 21st), I noted that 1.9.9g was no longer on sunsite. There
  were about 30 downloads a day of ncurses from my ftp area.</p>

  <h3 id="March_1997-h3"><a name="March_1997" id="March_1997">March
  1997</a></h3>

  <p>I noted in email to Juergen on the 8th that Zeyd had replaced
  the 1.9.9g on his ftp area on the 26th. Also, the new mailing
  list was still not setup properly. There had been some suggestion
  of uploading the next release of ncurses to
  <strong>prep.ai.mit.edu</strong> (the old GNU site), though that
  was still in the future.</p>

  <p>On the 27th, Juergen told me that 1.9.9g was on
  <strong>prep.ai.mit.edu</strong>. Immediately after that, Zeyd
  emailed me, asking what plans I had for 4.1.</p>

  <h3 id="April_1997-h3"><a name="April_1997" id="April_1997">April
  1997</a></h3>

  <p>The new mailing list finally worked. I subscribed to it
  (ncurses@bsdi.com) on the 9th. The first regular email was on the
  <a href="/ncurses/license-mail/ncurses41/0030.html">12th</a>. I
  updated the subscribers list (155 total).</p>

  <h3 id="May_1997-h3"><a name="May_1997" id="May_1997">May
  1997</a></h3>

  <p>At the beginning of May, Zeyd wrote that he was having trouble
  shutting down the old mailing list, or providing forwarding. I
  replied that I was nearly ready to release 4.1.</p>

  <p>At the same time, I applied a patch from Juergen which changed
  the copyright owner for the form and menu libraries to him. This
  made the wording consistent with the notices which I used. Here
  is a sample:</p>

  <blockquote>
    <pre class="code-block">
/*-----------------------------------------------------------------------------+
|           The ncurses menu library is  Copyright (C) 1995-1997               |
|             by Juergen Pfeifer &lt;Juergen.Pfeifer@T-Online.de&gt;                 |
|                          All Rights Reserved.                                |
|                                                                              |
| Permission to use, copy, modify, and distribute this software and its        |
| documentation for any purpose and without fee is hereby granted, provided    |
| that the above copyright notice appear in all copies and that both that      |
| copyright notice and this permission notice appear in supporting             |
| documentation, and that the name of the above listed copyright holder(s) not |
| be used in advertising or publicity pertaining to distribution of the        |
| software without specific, written prior permission.                         |
|                                                                              |
| THE ABOVE LISTED COPYRIGHT HOLDER(S) DISCLAIM ALL WARRANTIES WITH REGARD TO  |
| THIS SOFTWARE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FIT-  |
| NESS, IN NO EVENT SHALL THE ABOVE LISTED COPYRIGHT HOLDER(S) BE LIABLE FOR   |
| ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RE- |
| SULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, |
| NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH    |
| THE USE OR PERFORMANCE OF THIS SOFTWARE.                                     |
+-----------------------------------------------------------------------------*/
</pre>
  </blockquote>

  <p>Juergen did not change the notices in the Ada95 binding, which
  was inconsistent. However, this change made the copyright notices
  fairly evenly split between Eric and Zeyd on one part, and me and
  Juergen on the other.</p>

  <h3 id="patch_970515-h3"><a name="patch_970515" id=
  "patch_970515">ncurses 4.1 &ndash; May 15, 1997</a></h3>

  <p>After a couple of false starts, ncurses 4.1 was ready for
  release.</p>

  <p>More than one person suggested uploading it to
  <strong>prep.ai.mit.edu</strong>. Following up got this
  result:</p>

  <blockquote>
    <pre class="code-block">
From hjl@lucon.org  Wed May 14 23:19:26 1997
Received: from ocean.lucon.org (root@ocean.lucon.org [204.160.189.73]) by mail.clark.net (8.8.5/8.6.5) with SMTP id XAA06418 for &lt;dickey@clark.net&gt;; Wed, 14 May 1997 23:19:18 -0400 (EDT)
Received: by ocean.lucon.org
        id m0wRr4v-0004ecC
        (Debian /\oo/\ Smail3.1.29.1 #29.37); Wed, 14 May 97 20:19 PDT
Message-Id: &lt;m0wRr4v-0004ecC@ocean.lucon.org&gt;
From: hjl@lucon.org (H.J. Lu)
Subject: Re: The latest ncurses 4.1 (fwd)
To: dickey@clark.net
Date: Wed, 14 May 1997 20:19:41 -0700 (PDT)
X-Mailer: ELM [version 2.4 PL25 PGP2]
MIME-Version: 1.0
Content-Type: text/plain; charset=US-ASCII
Content-Transfer-Encoding: 7bit
Status: RO
Content-Length: 634
Lines: 16

Forwarded message:
&gt;From drepper@ipd.info.uni-karlsruhe.de Wed May 14 20:12:57 1997
Date: Wed, 14 May 1997 23:11:22 -0400
Message-Id: &lt;199705150311.XAA24111@psilocin.gnu.ai.mit.edu&gt;
From: Richard Stallman &lt;rms@gnu.ai.mit.edu&gt;
To: hjl@lucon.org
CC: libc-linux@gnu.ai.mit.edu, drepper@gnu.ai.mit.edu
In-reply-to: &lt;m0wRowf-0004ecC@ocean.lucon.org&gt; (hjl@lucon.org)
Subject: Re: The latest ncurses 4.1
References:  &lt;m0wRowf-0004ecC@ocean.lucon.org&gt;

    The lastest ncurses 4.1 970510, supports glibc as an add-on. I
    was asked by the ncurses maintainer that how to update ncurses
    at prep.ai.mit.edu.

Please ask him to contact me.
</pre>
  </blockquote>

  <p>and this</p>

  <blockquote>
    <pre class="code-block">
Date: Thu, 15 May 1997 19:37:54 -0400
From: Richard Stallman &lt;rms@gnu.ai.mit.edu&gt;
To: dickey@clark.net
cc: kwzh@gnu.ai.mit.edu
Subject: Re: The latest ncurses 4.1 (fwd)

kwzh@gnu is te person who puts things on prep.
Karl, could you please put the latest ncurses on prep?
</pre>
  </blockquote>

  <p>After that, things were quiet for a couple of weeks, until I
  responded to a terminfo update on the old mailing list. Eric
  <a href="/ncurses/license-mail/ncurses41/0040.html">responded to
  my comment</a>. This is the first of several emails, all of about
  the same flavor:</p>

  <p><em>Someone</em> did remove the file from
  <strong>prep.ai.mit.edu</strong>. Apparently a different
  <em>someone</em> followed up to Eric's missive, making RMS aware
  of the issue. His first <a href=
  "license-mail/ncurses41/0045.html">response</a> was on May
  30:</p>

  <blockquote>
    <pre class="code-block">
Having seen only one side of the story, I don't know Dickey did, or
whether it was illegal or even uncool.  But there are certain general
things I can say for certain:

1. The copyright holders of ncurses cannot retroactively deny any
party the right to change and distribute ncurses in accord with the
distribution terms that are published on it.  A freedom which can be
summarily taken away is no freedom at all.

2. If someone has violated these distribution terms, that's a
different matter, since that is doing something for which permission
was never given.

3. None of you is authorized to delete files from prep.ai.mit.edu.

If I believe that ncurses 4.1 was made illegally, or if I conclude
that it's not good for the community, I'll stop the FSF's distribution
of it.  But I am going to judge this for myself, after hearing both
sides.
</pre>
  </blockquote>

  <p>There were about 300 emails from the ncurses mailing lists
  over the next day. There was also a thread on <a href=
  "http://lists.debian.org/debian-devel/1997/06/threads.html#00127">
  Debian developer</a> mailing list, but I was not invited. Debian
  had been distributing a package based on 1.9.9g, labeling it as
  "3.4", with the <a href=
  "http://lists.debian.org/debian-devel/1997/05/msg01173.html">expectation</a>
  that 4.1 would resolve enough issues to make "3.4" obsolete.
  Debian developers were notable for discussing the issue at length
  without questioning any detail of Eric's account of the
  situation.</p>

  <h3 id="June_1997-h3"><a name="June_1997" id="June_1997">June
  1997</a></h3>

  <p>At the time, I discarded the uninteresting ones (and some,
  such as the thread in which Eric was discredited when he claimed
  that I had no copyright on my code because I "gave" it to him).
  Interestingly, there are few comments on the flamewar, aside from
  those by the Debian ncurses <a href=
  "http://www.ibiblio.org/pub/historic-linux/distributions/debian-1.1/i386/indices/Maintainers">
  package maintainer</a> Michael Alan Dorman <a href=
  "http://lkml.org/lkml/2002/2/15/143/">here</a> and <a href=
  "http://www.advogato.org/person/mdorman/">here</a>.</p>

  <p>Most of what I discarded however, was simple "me-too"
  attacks.</p>

  <p>However, one of those <a href=
  "license-mail/ncurses41/0111.html">elaborated</a> an
  interpretation of the ncurses license which caught RMS's
  attention. RMS <a href=
  "license-mail/ncurses41/0115.html">wrote</a>:</p>

  <blockquote>
    <pre class="code-block">
I just checked the ncurses distribution terms, and was very surprised:
they *do not* give permission for distribution of modified versions.

I had assumed ncurses was free software because "everyone knew" it".
I was under the impression that ncurses was derived from some BSD
software and was distributed under the same terms as BSD.  I should
have checked the distribution terms when the FSF first considered
distributing ncurses.  I am sorry I failed to do that.

Unfortunately, this means that ncurses is not free software.
The freedom to distribute modified versions, including changes that
the author does not like, is a crucial aspect of free software.

As a result, it is indeed forbidden for Dickey, or any of us, to
distribute modified versions.  So I deleted ncurses 4.1 from prep.

I also deleted the other versions of ncurses from prep, because the
FSF exists to develop and distribute free software only.  Distributing
a non-free program, even if legally permitted, does not advance our
mission.


The free software community is now in a hole.  We need a good free
curses package for free operating systems, and the one we thought we
had, we do not have.  I can see three possible ways we can come up
with one:

* ESR and Zeyd together can agree to permit distribution of modified
versions and thus make ncurses free software.

* Someone can write a new program which is free software.  Perhaps
some of Dickey's code, and other recent contributors' code, can be
used as part of this.

* There may be another good alternative, or at least one that is
better than nothing.  Does anyone know?

The first way is best.  Perhaps it is possible.  ESR spoke of
transferring ncurses to the FSF.  If both ESR and Zeyd are willing to
say yes to this, and understand that we would have to change the
distribution terms and thus make ncurses free software, then the FSF
will say yes to it.
</pre>
  </blockquote>

  <p>In subsequent discussion, Eric more than once insisted that
  his and Zeyd's copyrights were the only relevant ones, and that
  mine (and Juergen's) were irrelevant. RMS responded to Eric,
  cc'ing Keith, me, Juergen and Zeyd:</p>

  <blockquote>
    <pre class="code-block">
Subject: Re: ncurses 4.1

    Not true.  See Kaz Kylheku's analysis of this point, and Richard
    Stallman's conclusions upon analyzing the ncurses license language.
    Zeyd's and my wishes are the only ones legally relevant.

Perhaps there is a misunderstanding; that is not what I meant to imply.

Although you and Zeyd are the only people whose names mentioned in the
copyright notice, that does not mean you two are the only copyright
holders.  In fact, each contributor holds the copyright to his own
work, unless he has assigned it or disclaimed it.

Whether you have the right to use other contributors' work, or they
yours, I don't know.  I do know that it is a complicated question.
One of the reasons why the FSF asks for legal papers from all
contributors is to eliminate uncertainty about whether we can use
their contributions.
</pre>
  </blockquote>

  <p>Just before that, RMS sent private email to me:</p>

  <blockquote>
    <pre class="code-block">
I don't blame you for feeling angry, but expressing anger to Eric may
be counterproductive.  He may be less likely to agree to make *his*
work free software if he dwells on the conflict between you.

So I would suggest that you not post on the list for a while,
hoping that Eric will calm down and agree.
</pre>
  </blockquote>

  <p>I complied with that request, limiting my comments (other than
  patch notices) to private email.</p>

  <p>In the followup discussion, several people suggested
  relicensing ncurses, and perhaps adding a neutral third person to
  be the project lead:</p>

  <ul>
    <li>Jason Evans <a href=
    "license-mail/ncurses41/0066.html">suggested</a> assigning
    copyrights to a third party but did not address the issue of
    the project lead.</li>

    <li>Florian La Roche went a little further, <a href=
    "license-mail/ncurses41/0138.html">suggesting himself</a> as a
    possible maintainer.</li>

    <li>Keith Bostic picked up on Jason Evans comments in private
    email to me and Eric, cc'ing Jason Evans and RMS on June 3:

      <blockquote>
        <pre class="code-block">
Given that Jason has the time and inclination to work on a
curses project, would he be a possible choice as an FSF person
to shepherd the ncurses project forward?

Eric, you've said that you'd be willing to have a neutral 3rd
party head the project.  Jason hasn't worked with either you or
Tom in the past, and he believes he has the time and background
to bring himself up to speed quickly.

Tom, Eric, would you consider the following:

    + Jason takes responsibility for moderating the patches
      and releases of ncurses.  He owns taking patches from all
      interested parties, coordinating people's efforts,
      deciding issues about which there is contention, and
      making releases.  I'll sign up to help him when he wants
      me to.

    + Put a Berkeley-style copyright on the sources (Eric is
      unwilling to use the LGPL).

    + We jointly ensure that the source code acknowledgements
      are correct and up-to-date.

    + The four main contributors to ncurses assign their copyright
      in ncurses to the FSF.
</pre>
      </blockquote>

      <p>I replied to Keith Bostic that it sounded reasonable. Eric
      <a href=
      "/ncurses/license-mail/ncurses41/0087.html">referred</a> to
      it in the mailing list, implying a more active role than was
      apparent.</p>

      <p>Keith Bostic emailed the four ncurses developers (me,
      Eric, Juergen and Zeyd) recapping the progress, and stating
      that both Eric and I had agreed in principle to let a neutral
      third party manage the project. He listed three who were
      apparently willing. Licensing was the more important aspect
      of the mail; Eric had not yet agreed to changing the license
      to permit modification and redistribution. Keith wanted to
      know if there was any problem with the other developers with
      either BSD or LGPL.</p>

      <p>I replied that I had been using a BSD-style license.</p>
    </li>
  </ul>

  <p>Jason Evans pointed out that ncurses itself was a <a href=
  "license-mail/ncurses41/0095.html">derivative work</a> of
  pcurses. I replied to Jason privately:</p>

  <blockquote>
    <pre class="code-block">
Zeyd has asserted that he received permission (that Pavel declared it
public domain).  I've never seen any email from Pavel.
</pre>
  </blockquote>

  <p>Zeyd <a href=
  "/ncurses/license-mail/ncurses41/0096.html">replied</a> to the
  list.</p>

  <blockquote>
    <pre class="code-block">
According to Adam Richter of Yggdrasil, Pavel Curtis released his work in
pcurses into the public domain. Up until that point I included his copyright
notice and a copyright notice to cover my own work. Thomas was not involved
with ncurses at the time and is not privy what happened before he did. It is
kinda late for him to question events. All of a sudden people are coming
out the woodwork claiming that ncurses is not free because they were not aware
of the copyright! The main purpose of the copyright is to prevent others from
taking ncurses, modifying it, and then releasing it as their own work.
I believe QNX include a modified copy of ncurses, but nobody is complaining
becuase they are not misrepresenting it as their own work.
</pre>
  </blockquote>

  <p>As I previously noted, after <a href=
  "#ncurses_1_9_9e">1.9.9e</a> I had collected copies of all extent
  versions of ncurses as well as pcurses. My comments have been
  based on email from Eric and Zeyd as well as the source code as
  it evolved. At the time, I read Zeyd's reply as no more than
  confirming that the public domain status of pcurses was second
  hand information.</p>

  <p>Zeyd's comment about "included his copyright" on the other
  hand requires quantification.<br>
  Here is a table showing counts of copyright and attribution (the
  author's name) in source and documentation for each release
  through 4.2:</p>

  <table summary="Counts of Copyrights and Attribution" border="1">
    <tr>
      <th>Release</th>

      <th colspan="6">Copyright</th>

      <th colspan="5">Attribution</th>
    </tr>

    <tr>
      <th></th>

      <th>FSF</th>

      <th>Pavel</th>

      <th>Zeyd</th>

      <th>Eric</th>

      <th>Thomas</th>

      <th>Juergen</th>

      <th>Pavel</th>

      <th>Zeyd</th>

      <th>Eric</th>

      <th>Thomas</th>

      <th>Juergen</th>
    </tr>

    <tr>
      <td><a href="#pcurses_1986">pcurses</a></td>

      <td>&nbsp;</td>

      <td>62</td>

      <td>&nbsp;</td>

      <td>&nbsp;</td>

      <td>&nbsp;</td>

      <td>&nbsp;</td>

      <td>353</td>

      <td>&nbsp;</td>

      <td>&nbsp;</td>

      <td>&nbsp;</td>

      <td>&nbsp;</td>
    </tr>

    <tr>
      <td><a href="#ncurses_0_7_2">ncurses 0.7.2</a></td>

      <td>&nbsp;</td>

      <td>2</td>

      <td>1</td>

      <td>&nbsp;</td>

      <td>&nbsp;</td>

      <td>&nbsp;</td>

      <td>10</td>

      <td>7</td>

      <td>&nbsp;</td>

      <td>&nbsp;</td>

      <td>&nbsp;</td>
    </tr>

    <tr>
      <td><a href="#ncurses_1_8_1">ncurses 1.8.1</a></td>

      <td>1</td>

      <td>2</td>

      <td>1</td>

      <td>&nbsp;</td>

      <td>&nbsp;</td>

      <td>&nbsp;</td>

      <td>8</td>

      <td>10</td>

      <td>&nbsp;</td>

      <td>&nbsp;</td>

      <td>&nbsp;</td>
    </tr>

    <tr>
      <td><a href="#ncurses_1_8_5">ncurses 1.8.5</a></td>

      <td>1</td>

      <td>&nbsp;</td>

      <td>1</td>

      <td>1</td>

      <td>&nbsp;</td>

      <td>&nbsp;</td>

      <td>14</td>

      <td>13</td>

      <td>8</td>

      <td>&nbsp;</td>

      <td>&nbsp;</td>
    </tr>

    <tr>
      <td><a href="#ncurses_1_8_6">ncurses 1.8.6</a></td>

      <td>1</td>

      <td>&nbsp;</td>

      <td>7</td>

      <td>1</td>

      <td>&nbsp;</td>

      <td>&nbsp;</td>

      <td>6</td>

      <td>7</td>

      <td>10</td>

      <td>&nbsp;</td>

      <td>&nbsp;</td>
    </tr>

    <tr>
      <td><a href="#ncurses_1_9">ncurses 1.9</a></td>

      <td>1</td>

      <td>&nbsp;</td>

      <td>85</td>

      <td>86</td>

      <td>&nbsp;</td>

      <td>&nbsp;</td>

      <td>7</td>

      <td>10</td>

      <td>31</td>

      <td>&nbsp;</td>

      <td>&nbsp;</td>
    </tr>

    <tr>
      <td><a href="#ncurses_1_9_1">ncurses 1.9.1</a></td>

      <td>1</td>

      <td>&nbsp;</td>

      <td>87</td>

      <td>88</td>

      <td>&nbsp;</td>

      <td>&nbsp;</td>

      <td>7</td>

      <td>11</td>

      <td>31</td>

      <td>2</td>

      <td>&nbsp;</td>
    </tr>

    <tr>
      <td><a href="#ncurses_1_9_2">ncurses 1.9.2</a></td>

      <td>1</td>

      <td>&nbsp;</td>

      <td>86</td>

      <td>87</td>

      <td>&nbsp;</td>

      <td>&nbsp;</td>

      <td>7</td>

      <td>11</td>

      <td>31</td>

      <td>2</td>

      <td>&nbsp;</td>
    </tr>

    <tr>
      <td><a href="#ncurses_1_9_3">ncurses 1.9.3</a></td>

      <td>1</td>

      <td>&nbsp;</td>

      <td>89</td>

      <td>90</td>

      <td>&nbsp;</td>

      <td>&nbsp;</td>

      <td>7</td>

      <td>15</td>

      <td>45</td>

      <td>3</td>

      <td>&nbsp;</td>
    </tr>

    <tr>
      <td><a href="#ncurses_1_9_4">ncurses 1.9.4</a></td>

      <td>2</td>

      <td>&nbsp;</td>

      <td>116</td>

      <td>117</td>

      <td>&nbsp;</td>

      <td>&nbsp;</td>

      <td>7</td>

      <td>14</td>

      <td>71</td>

      <td>3</td>

      <td>24</td>
    </tr>

    <tr>
      <td><a href="#ncurses_1_9_5">ncurses 1.9.5</a></td>

      <td>1</td>

      <td>&nbsp;</td>

      <td>116</td>

      <td>117</td>

      <td>&nbsp;</td>

      <td>&nbsp;</td>

      <td>7</td>

      <td>14</td>

      <td>72</td>

      <td>3</td>

      <td>24</td>
    </tr>

    <tr>
      <td><a href="#ncurses_1_9_6">ncurses 1.9.6</a></td>

      <td>1</td>

      <td>&nbsp;</td>

      <td>134</td>

      <td>135</td>

      <td>&nbsp;</td>

      <td>&nbsp;</td>

      <td>7</td>

      <td>14</td>

      <td>97</td>

      <td>3</td>

      <td>49</td>
    </tr>

    <tr>
      <td><a href="#ncurses_1_9_7a">ncurses 1.9.7a</a></td>

      <td>2</td>

      <td>&nbsp;</td>

      <td>130</td>

      <td>131</td>

      <td>&nbsp;</td>

      <td>&nbsp;</td>

      <td>7</td>

      <td>14</td>

      <td>258</td>

      <td>3</td>

      <td>49</td>
    </tr>

    <tr>
      <td><a href="#ncurses_1_9_8a">ncurses 1.9.8a</a></td>

      <td>2</td>

      <td>&nbsp;</td>

      <td>130</td>

      <td>131</td>

      <td>&nbsp;</td>

      <td>&nbsp;</td>

      <td>7</td>

      <td>14</td>

      <td>273</td>

      <td>3</td>

      <td>49</td>
    </tr>

    <tr>
      <td><a href="#ncurses_1_9_9">ncurses 1.9.9</a></td>

      <td>2</td>

      <td>&nbsp;</td>

      <td>131</td>

      <td>132</td>

      <td>&nbsp;</td>

      <td>&nbsp;</td>

      <td>7</td>

      <td>14</td>

      <td>282</td>

      <td>5</td>

      <td>49</td>
    </tr>

    <tr>
      <td><a href="#ncurses_1_9_9a">ncurses 1.9.9a</a></td>

      <td>2</td>

      <td>&nbsp;</td>

      <td>130</td>

      <td>131</td>

      <td>&nbsp;</td>

      <td>&nbsp;</td>

      <td>7</td>

      <td>14</td>

      <td>281</td>

      <td>5</td>

      <td>49</td>
    </tr>

    <tr>
      <td><a href="#ncurses_1_9_9b">ncurses 1.9.9b</a></td>

      <td>2</td>

      <td>&nbsp;</td>

      <td>130</td>

      <td>131</td>

      <td>&nbsp;</td>

      <td>&nbsp;</td>

      <td>7</td>

      <td>14</td>

      <td>281</td>

      <td>5</td>

      <td>49</td>
    </tr>

    <tr>
      <td><a href="#ncurses_1_9_9c">ncurses 1.9.9c</a></td>

      <td>2</td>

      <td>&nbsp;</td>

      <td>131</td>

      <td>132</td>

      <td>&nbsp;</td>

      <td>&nbsp;</td>

      <td>7</td>

      <td>14</td>

      <td>281</td>

      <td>5</td>

      <td>49</td>
    </tr>

    <tr>
      <td><a href="#ncurses_1_9_9d">ncurses 1.9.9d</a></td>

      <td>2</td>

      <td>&nbsp;</td>

      <td>131</td>

      <td>132</td>

      <td>&nbsp;</td>

      <td>&nbsp;</td>

      <td>7</td>

      <td>14</td>

      <td>281</td>

      <td>5</td>

      <td>49</td>
    </tr>

    <tr>
      <td><a href="#ncurses_1_9_9e">ncurses 1.9.9e</a></td>

      <td>2</td>

      <td>&nbsp;</td>

      <td>131</td>

      <td>132</td>

      <td>&nbsp;</td>

      <td>&nbsp;</td>

      <td>7</td>

      <td>14</td>

      <td>281</td>

      <td>5</td>

      <td>49</td>
    </tr>

    <tr>
      <td><a href="#patch_961130">ncurses 1.9.9g</a></td>

      <td>2</td>

      <td>&nbsp;</td>

      <td>140</td>

      <td>141</td>

      <td>42</td>

      <td>&nbsp;</td>

      <td>8</td>

      <td>19</td>

      <td>367</td>

      <td>18</td>

      <td>259</td>
    </tr>

    <tr>
      <td><a href="#patch_961224">ncurses 4.0</a></td>

      <td>2</td>

      <td>&nbsp;</td>

      <td>140</td>

      <td>141</td>

      <td>45</td>

      <td>&nbsp;</td>

      <td>8</td>

      <td>18</td>

      <td>354</td>

      <td>24</td>

      <td>268</td>
    </tr>

    <tr>
      <td><a href="#patch_970515">ncurses 4.1</a></td>

      <td>4</td>

      <td>&nbsp;</td>

      <td>98</td>

      <td>99</td>

      <td>50</td>

      <td>43</td>

      <td>8</td>

      <td>19</td>

      <td>350</td>

      <td>27</td>

      <td>244</td>
    </tr>

    <tr>
      <td><a href="#patch_980302">ncurses 4.2</a></td>

      <td>433</td>

      <td>&nbsp;</td>

      <td>&nbsp;</td>

      <td>&nbsp;</td>

      <td>&nbsp;</td>

      <td>&nbsp;</td>

      <td>8</td>

      <td>154</td>

      <td>510</td>

      <td>101</td>

      <td>364</td>
    </tr>
  </table>

  <p>Notes on the table:</p>

  <ul>
    <li>As noted, Eric's involvement predated <a href=
    "#ncurses_1_8_5">ncurses 1.8.5</a>, when the Pavel's copyright
    notice was removed. The more elaborate notice in each file
    dated from the beginning of Eric's fulltime involvement with
    the project. Zeyd found some issue with my summary of ncurses
    history, but did not respond to my direct questions asking
    where the disagreement lay. The email quoted above is the only
    polite one mentioning the issue.</li>

    <li>Zeyd <a href=
    "/ncurses/license-mail/ncurses41/0054.html">here</a> stated
    that he was working on ncurses in 1991. The copyrights say 1992
    for the earliest date.</li>

    <li>The earlier FSF copyrights were for the
    <code>cursesw.cc</code> file, and the <code>configure</code>
    script. My older archives (until ncurses 5.5, when I changed my
    strategy for regression builds) did not tag the related
    <code>config.guess</code> and <code>config.sub</code>
    files.</li>

    <li>As part of development of <code>cursesw.cc</code>, it had
    been rewritten, so (while its copyright has "always" been FSF),
    the license was changed for conformity with ncurses.</li>

    <li>I started writing the autoconf-based <code>configure</code>
    script in May 1995. The first release containing this (and the
    reworked makefiles, etc) was <a href="#ncurses_1_9_2">ncurses
    1.9.2</a>. The NEWS file did mention this change; none of the
    comments credit me with the work. I see 27 items in the NEWS
    file mentioning my work (through <a href=
    "#ncurses_1_9_9e">ncurses 1.9.9e</a>), 2 are attributed to
    me.</li>

    <li>There was an earlier configure script, which Eric wrote.
    But it was unsatisfactory, requiring the developers to maintain
    a matrix of all possible #defines (host versus definition).
    Eric may have been referring to that, though it did not occur
    to me <a href="/ncurses/license-mail/ncurses41/0056.html">at
    the time</a>. We had not used it for more than two years.</li>

    <li>After 1.9.9e, unmarked items in <a href=
    "NEWS.html">NEWS</a> are noted to be my own work, reducing
    clutter.</li>

    <li>When releasing <a href="#patch_961130">ncurses 1.9.9g</a>,
    I added my copyright notice to the configure script and
    makefiles.</li>

    <li>Copyrights by Eric and Zeyd were for the same files; Eric
    had copyrighted in addition the test/ncurses.c file.</li>

    <li>Attributions for Eric increased noticeably at 1.9.7a
    because starting at that point the terminfo.src file was
    bundled with ncurses. Eric initialed many changes in that
    file.</li>

    <li>Copyrights for Eric and Zeyd dropped at <a href=
    "#patch_970515">ncurses 4.1</a> because Juergen asserted his
    copyright.</li>

    <li>Attributes for both Eric and Zeyd increased with ncurses
    4.2, because the scripts which I developed for changing the
    copyright notices added "Author" comments to replace the
    copyright notices which were removed.</li>

    <li>Copyright notices for 4.2 covered the files which had RCS
    identifiers, e.g., were not generated.</li>
  </ul>

  <p>I contacted Pavel that evening to get his input on its
  copyright status. He replied</p>

  <blockquote>
    <pre class="code-block">
I am the author.  I make no claims whatsoever to ownership of the code, to
rights to any credit (monetary or otherwise) for its use, or to its legal
or technical fitness for any purpose.  Basically, from my point of view,
you should treat it as completely free "found" code.  Enjoy.
</pre>
  </blockquote>

  <p>The following day (June 5), I clarified in mail a reply to
  RMS, cc'ing Juergen and Keith, a forward of Pavel's email:</p>

  <blockquote>
    <pre class="code-block">
&gt; If it is true that ncurses still includes material derived from
&gt; pcurses, then we would need to have Pavel's permission for its use.
&gt;
&gt; However, if he gave permission for the use of this material in ncurses
&gt; some time ago, that permission may be sufficient.  It depends on the
&gt; details of the permission that was given.
&gt;
&gt; Also, if he sees our situation, and he thinks that our plans for
&gt; ncurses are a reasonable way of handling the situation, he may extend
&gt; the permission that he gave previously.
I sent email to Pavel last night (having gotten a current address via
DejaNews), and he has no problems with that.  Jason was misinterpreting my
statement of distaste (for the removal of the original author's name from
files rather than citing the author in the copyright notice), as opposed to
a claim that they'd violated his legal rights).
</pre>
  </blockquote>

  <p>Following this short burst at the beginning of June 1997,
  almost all of the licensing related mail was private. There were
  occasional queries from users directed to the mailing list, but
  again, my replies were private.</p>

  <p>For instance, on the 13th it seems that I was the only one who
  responded to a request from RMS for a list of contributors:</p>

  <blockquote>
    <pre class="code-block">
So can people please put together a complete list of everyone who
contributed to ncurses, and classify them into major and minor
contributors?

The major contributors are people who wrote more than 10% (roughly) or
who contributed entire new files.  Others are minor contributors.

People who contributed less than 20 lines can be omitted from the
list, since we don't want to ask them for papers.
</pre>
  </blockquote>

  <p id="metrics19970613">Replying, I pointed out that there were
  six major contributors (Pavel Curtis and Warren Tucker as well as
  the then-current four), with only two active developers. From the
  NEWS file I listed 16 minor contributors.</p>

  <p id="metrics19970824">In a later message (on August 24, to RMS
  and Florian), I reported data from <a href=
  "/personal/changelogs.html#categories">RCS logs</a>. The data
  showed that:</p>

  <ul>
    <li>9 of the minor contributors could be discarded.</li>

    <li>Juergen and I had done most of the changes (he had added
    more new code, while I had made more changes to existing
    code).</li>

    <li>Most of Eric's changes were modifications to existing code;
    he had done less in that area than Juergen. He ranked third on
    that list.</li>

    <li>Unexpectedly, from that data it was apparent that Alexander
    was a major contributor, ranking fourth.</li>

    <li>For the period where I had data, Zeyd was a minor
    contributor, between H.J.&nbsp;Lu and Philippe De Muyter.</li>

    <li>All of the minor contributors together totaled less than
    one percent of the changes.</li>
  </ul>

  <p>My list was not the final one. Reviewing the various lists in
  2011, I see that:</p>

  <ul>
    <li>Warren Tucker (original author of the panel library) was
    categorized as a minor contributor.</li>

    <li>Some of the contributors who had not met the 15-line
    threshold (and who were not mentioned in any of the usual
    places such as NEWS, README or terminfo.src files) were listed
    in email from RMS on September 24 as minor contributors.</li>
  </ul>

  <p>For my own reference, I made a table. Here are counts from
  that table.</p>

  <ul>
    <li>I had listed 16 contributors from the NEWS file (other than
    the 4 main developers), and then showed data from RCS logs to
    reduce that to 7.</li>

    <li>23 minor contributors were given in the <a href=
    "#final19970919">final list</a> on September 19.</li>

    <li>my data overlooked two of these, but on reexamination, it
    appears that they probably did not meet the 15-line (or later
    20-line) limit.</li>

    <li>4 of the contributors who I listed as not meeting the
    15-line limit were nonetheless in the final list.</li>

    <li>one is listed, though the only contribution on record was a
    flawed patch that I had reworked to make it usable.</li>

    <li>another was marginal, providing 17 lines of changes.</li>

    <li>the README file appears to be the source for 6 others. One
    contributor is mentioned <em>there</em>, but there is nowhere
    an indication that they provided code or documentation.</li>
  </ul>

  <p>Given that, the list might have been pruned to 14. As an added
  complication, three of the minor contributors would in other
  situations be regarded as major contributors (one with more than
  2500 lines of change, and two with more than 1000).</p>

  <p>At the end of June, I pointed out to RMS and Keith that there
  was a problem with the terminfo.src file versus ncurses. I had
  noticed that Eric was preparing an update which was flawed in
  more than one way.</p>

  <h3 id="July_1997-h3"><a name="July_1997" id="July_1997">July
  1997</a></h3>

  <p>After some discussion, I made my point that it was
  unreasonable to expect ncurses to be independent of Eric unless
  its copy of the terminfo.src file was also independent. The
  ncurses maintainer would have to deal with technical issues
  (which I noted at the time).</p>

  <p id="policy19970702">In concluding that discussion, RMS said in
  part:</p>

  <blockquote>
    <pre class="code-block">
When Florian takes over as ncurses maintainer, he will maintain the
copy of the terminfo data base that's included in ncurses.  You don't
have to pay attention to the copy of the terminfo data base that Eric
distributes.
</pre>
  </blockquote>

  <p>We had not completely solved the problem, because I continued
  doing almost all of the technical work related to ncurses. But a
  policy had been established.</p>

  <p>Florian was very busy (with work for SuSE, and later with a
  new child). I have a half-dozen replies in my mail archive for
  July 1997, one for August, another half-dozen for September, none
  for October or November, two for December. There are several from
  January and February 1998, when I was preparing the actual
  release. But in practice (aside from fending off requests to do
  releases) my activities were not very different from the
  preceding six months.</p>

  <p>In mid-July RMS asked for status, and I told him that I was
  waiting for Florian, but was willing to spend time, e.g., review,
  integrate, test. RMS asked Florian, who replied that he was
  waiting for confirmation from Zeyd, and also that he was in the
  process of updating the license notice in each file. His mail
  said "40%", which gave me the impression that he was editing the
  files, rather than scripting the process (Florian and I had
  discussed scripting this, starting on June 20, and I also
  suggested <a href="/ded/copyrite.html">copyrite</a>).</p>

  <p id="license19970717">Florian also attached "the currently used
  copyright terms" (the ncurses license, which I saw there for the
  first time). Given the people involved, and the discussion up to
  that point, it is my understanding that Keith Bostic was the
  source of the modified license.</p>

  <p>Eric responded to Florian's message:</p>

  <blockquote>
    <pre class="code-block">
&gt; I have changed about 40% of the ncurses files to have the new copyright.

I hope you started from the cleaned-up version I made available.
</pre>
  </blockquote>

  <p>Florian replied to Eric's mail:</p>

  <blockquote>
    <pre class="code-block">
&gt; I hope you started from the cleaned-up version I made available.

I couldn't do that. I need to know who owned the original copyright, since
that person will also own the the new file, just with a different copyright
notice.
</pre>
  </blockquote>

  <p>and</p>

  <blockquote>
    <pre class="code-block">
&gt; Other than that, I have no pending issues.

I did not use that package, but a current snapshot of Thomas Dickey.
It does not make sense to use a really old ncurses-source like ncurses
1.9.9e. So we should agree on just using the development version.
</pre>
  </blockquote>

  <p>Again, this was news to me. There was more. But first, RMS
  then sent mail to Florian, me and Zeyd (but not Juergen),
  outlining the process for the copyright assignments. I replied to
  RMS, noting that my agreement with my employer actually exempted
  me from that (though later RMS did not agree).</p>

  <p>A week later (July 25), when RMS asked for updated status, it
  seemed to him that I was the only one to comment on the
  assignments. Zeyd in particular had not replied. Florian was able
  to contact Zeyd at this point.</p>

  <h3 id="August_1997-h3"><a name="August_1997" id=
  "August_1997">August 1997</a></h3>

  <p>On August 24, RMS sent a draft of the copyright assignment,
  listing the four developers, the maintainer (Florian), and 14
  minor contributors.</p>

  <p>I noticed a typo, and in a followup reply to that thread, sent
  mail to RMS and Florian giving <a href="#metrics19970824">counts
  from my RCS logs</a>, which could of course only identify
  contributors back to <a href="#ncurses_1_9_9e">ncurses
  1.9.9e</a>. RMS asked for more information <em>before</em>
  1.9.9e.</p>

  <p>I commented that</p>

  <blockquote>
    <pre class="code-block">
The list of contributors at the bottom of README hasn't been updated
(except for Alexander's recent request) for some time - and Zeyd used
to have some additional names there, preceding the 1.8.5 release (which
I noticed recently while comparing versions).
</pre>
  </blockquote>

  <p>RMS replied, requesting the additional names. I did more than
  that, giving line-counts for the ones that I could identify by
  comparing old releases of ncurses, as well as by studying Eric's
  patches. The final list of minor contributors includes the ones
  for whom I cited numbers. There were another 13 that we could
  have added to the list, but there were no numbers for those.</p>

  <p>Zeyd did not reply to RMS's email; I provided RMS an alternate
  mailing address on August 27.</p>

  <h3 id="September_1997-h3"><a name="September_1997" id=
  "September_1997">September 1997</a></h3>

  <p>Juergen and I discussed status in mid-September, and Juergen
  asked RMS what was going on. RMS replied on September 18 that he
  was waiting for Florian to okay the copyright assignment. Florian
  answered, saying that he agreed to it, had thought (since he was
  not an author) that it was not necessary.</p>

  <p id="final19970919">With that done, RMS sent the final version
  of the copyright assignment to the <em>five</em> of us on
  September 19. It listed 23 minor contributors, though getting
  their assignments was not necessary at that point. There was a
  constraint on the agreement:</p>

  <blockquote>
    <pre class="code-block">
   This assignment is executed in multiple counterparts, each of which is
binding on the respective signer(s) even if other counterparts are delayed.
However, the Foundation will not begin distribution of the Program until it
has received counterparts signed by all of us.  If the Foundation does not
receive counterparts with signatures of all of us, within six months of
receiving the first counterpart, then this assignment is entirely void and
all rights revert to us.
</pre>
  </blockquote>

  <p>Juergen reported on September 26 that he had <em>snailed</em>
  the signed document to RMS. I replied that I had mailed mine on
  Monday morning (September 22). RMS certainly had mine in hand by
  September 26, so all five <a id="deadline19970428" name=
  "deadline19970428">had to be received by sometime in April</a>
  1998 for the agreement to be completed.</p>

  <p>But we were not nearly done at that point. The following day,
  Eric replied to the thread discussing status:</p>

  <blockquote>
    <pre class="code-block">
Florian LaRoche.
&gt; The current ncurses-snapshots seem to be quite stable, so we could
&gt; make a new release soon.

There are at least two changes that need to be made in Dickey's snapshots
before a release; also, I want to add a new terminfo.master file.  Please
give me a chance to run an eyeball over a prerelease before you ship.
And let'd do it soon -- a release is long overdue and the Red Hat people
are begging for one.
</pre>
  </blockquote>

  <p>I pointed out to Florian that there were problems with Eric's
  changes. Eric was not proposing to send patches against ncurses
  (which Florian considered suggesting), but to substitute the
  entire file. That would undo fixes that I had made. My reply to
  Florian pointed out an easily discussed specific issue as a
  start:</p>

  <blockquote>
    <pre class="code-block">
&gt; On Sun, Sep 28, 1997 at 07:02:59AM -0400, T.E.Dickey wrote:
&gt; &gt; Unless he's made significant changes over the past week since I last
&gt; &gt; checked, this won't work, since a large part of the differences that he had
&gt; &gt; were one of the following:
&gt; &gt;
&gt; &gt;     + not adding the corrections that I had made
&gt; &gt;
&gt; &gt;     + adding other errors
&gt;
&gt; We have all agreed in the new licence terms that we care about proper
&gt; credit and it should be obvious that buggy patches can only be put into
&gt; special "ifdef"-code.
the terminfo stuff cannot be ifdef'd.  there is more than one problem
that I've corrected; the chief (noticeable) one is that it appears that
Eric at some point misunderstood the use of the setf/setb color controls
and modified all of the setaf/setab controls to be setf/setb.  So his
file is incompatible with SVr4 (colors are interchanged, e.g., red/blue).
</pre>
  </blockquote>

  <p>Shortly after, I added that topic to my FAQ (<a href=
  "/ncurses/ncurses.faq.html#interchanged_colors">Why are red/blue
  interchanged?</a>).</p>

  <p>On a related note, one of Eric's supporters sent a message to
  the mailing list on the next day, regarding ncurses versus Eric's
  copy of the terminfo database:</p>

  <blockquote>
    <pre class="code-block">
Any errors in the terminal database should be directed to the terminfo
maintainer (Eric S. Raymond), as the database is only included with
ncurses, not maintained by the ncurses folks.
</pre>
  </blockquote>

  <p>However (see <a href="#policy19970702">policy</a>), I pointed
  out that Eric was free to use whatever changes he wanted from
  ncurses.</p>

  <h3 id="October_1997-h3"><a name="October_1997" id=
  "October_1997">October 1997</a></h3>

  <p>RMS pointed out a missing step in my paperwork on October 2
  (my existing agreement was not specific enough). That required
  another amendment to my employee agreement, which took until
  December 10 to resolve.</p>

  <p>I followed up with a comment that the additional disclaimer
  for my employee agreement was being reviewed.</p>

  <p>Shortly after that (October 6), Daniel Weaver started
  discussing <strong>tack</strong>, indicating that he would like
  to have it included with ncurses. We also discussed other
  changes, such as his improved descriptions for Wyse
  terminals.</p>

  <h3 id="November_1997-h3"><a name="November_1997" id=
  "November_1997">November 1997</a></h3>

  <p>On November 4, RMS wrote to Juergen, cc'ing the six of us
  (counting Keith):</p>

  <blockquote>
    <pre class="code-block">
I received papers from you, from Tom Dickey, and from Zeyd.
I spoke with Eric a week ago and he said he would send them,
but I am not home so I do not know if they have arrived.

I have not heard from Florian at all.
</pre>
  </blockquote>

  <p>There was no immediate followup to this. But initially
  unrelated, Daniel Weaver brought RMS into the discussion of tack.
  It turned out that some of Daniel's work had been incorporated
  into ncurses. That included part of the color computations, as
  well as about 900 lines of termcap definitions (anonymously via
  his work for Wyse). I commented that it sounded as if he should
  have been listed as a minor contributor, but RMS steered away
  from that, saying that Florian would fix the credits. (Changing
  the list of contributors would have required restarting the
  process to get the copyright assignments, so that would not have
  been a good thing).</p>

  <p>RMS suggested to Daniel that he could either make tack a part
  of ncurses (which would use the same license), or distribute it
  with ncurses (which would allow using a different license).
  Daniel replied that he was willing to do either.</p>

  <p>On November 20, RMS wrote that he had not heard from Florian
  for many weeks. Juergen provided a phone number, commenting that
  Florian and his wife were expecting a child.</p>

  <p>RMS followed up on the 24th, having spoken with Florian.
  Florian had been too busy to read his email, but had agreed to
  send his assignment papers soon. (Florian was at that point also
  reconsidering whether he had enough time to act as the ncurses
  maintainer). RMS finished by saying that he had also spoken with
  Eric a few weeks before, and that Eric also had promised to send
  his papers.</p>

  <p>RMS wrote to me the following day that he did not know who
  else might be suitable for the ncurses maintainer. I replied that
  there were few possibilities, but that it really should not take
  more than an hour per week.</p>

  <h3 id="December_1997-h3"><a name="December_1997" id=
  "December_1997">December 1997</a></h3>

  <p>On December 7, RMS wrote to me, cc'ing Florian:</p>

  <blockquote>
    <pre class="code-block">
Eric sent papers, but unfortunately he used the wrong text for them.
So I asked him to try again.

Florian, have you sent your papers yet?
</pre>
  </blockquote>

  <p>The others (Juergen, Zeyd, and people on the mailing list)
  were losing patience.</p>

  <p>In a reply to RMS on December 18, Daniel indicated that he had
  just mailed his paperwork, and that he would like to use the same
  license as ncurses.</p>

  <p>On the 19th, Zeyd proposed that we simply release it by
  Christmas. I pointed out that we could do this only with
  agreement from Eric. About an hour later, Eric replied to Zeyd,
  objecting to the proposal. Eric also stated that he had mailed
  his papers.</p>

  <p id="papers19971219">I asked RMS for clarification on that; RMS
  suggested that Eric may have been talking about the first time
  (with the wrong text). RMS also said that he had talked with
  Florian on the phone, and that Florian had sent in his
  papers.</p>

  <p>Replying to RMS on the 20th, I suggested that (as a
  contingency) Daniel Weaver might be a suitable replacement for
  Florian, and to mention it to Florian as a possibility if he was
  unable to commit to the time. I discussed this with Daniel at the
  same time.</p>

  <p>Florian wrote to RMS on December 22, cc'ing six of us
  (counting Alexander) that he had to resend his papers due to a
  problem with the address.</p>

  <p>Daniel Weaver continued discussing licensing with RMS, and
  advising me of interesting developments. Part of this was
  Daniel's ongoing work to reuse some of the internal functions in
  the ncurses library in tack. On the 23rd, he reported that RMS
  had talked him into using GPL.</p>

  <p>Discussing all of this (and the prospect of a release) with
  Florian on the 28th, I suggested tying off loose ends (such as
  tack and the OS/2 port), which would take it into January. For a
  release, I had to rebuild and test on each of the dozen or so
  platforms that I had access to.</p>

  <h3 id="January_1998-h3"><a name="January_1998" id=
  "January_1998">January 1998</a></h3>

  <p>Discussing status with Florian on the 7th, Florian asked if
  Eric's papers had arrived. I pointed out that a <a href=
  "#papers19971219">few weeks before</a>, RMS had been uncertain
  about that, suggesting that Eric had not resubmitted the
  paperwork. I cc'd RMS to get his advice.</p>

  <p>RMS responded on the 9th, stating that he was away from email,
  but on return would phone Eric to remind him if the papers had
  not been mailed.</p>

  <p>I replied, reporting that Florian had agreed to let me help
  him by writing scripts for updating the copyright notices. I
  completed those on January 17. One script removed the old notice,
  replacing it with a marker. The other script inserted the new
  marker. To avoid breakage, the scripts only modified files
  containing RCS keywords, hinting that they were not generated
  text.</p>

  <p id="date19980116">RMS wrote on the 16th that he had received
  Florian's papers. He added that he had phoned Eric, finding that
  Eric had not mailed the papers yet, thinking there was no hurry.
  RMS urged him to mail the papers, saying that everyone else was
  waiting. I was unsurprised, but remarked in my reply that I
  thought we had only six more weeks (which was shorter than the
  <a href="#deadline19970428">actual time</a> remaining).</p>

  <p>On the 20th, I asked Florian if he had reviewed my scripts. I
  do not see a reply to that in my mail.</p>

  <p id="date19980122">On January 22, RMS reported that Eric said
  he had mailed his papers.</p>

  <p>Florian followed up on the next day, and we began discussing
  how to proceed (scripting, patches, prerelease).</p>

  <p>On January 30, RMS again reported that he had received the
  wrong papers again from Eric, two days before. He still had not
  sent the papers when RMS called on the 30th (a Friday) to check
  on this.</p>

  <h3 id="February_1998-h3"><a name="February_1998" id=
  "February_1998">February 1998</a></h3>

  <p>On Friday, February 6, RMS reported that Eric's wife said she
  mailed the envelope containing the papers on Tuesday (February
  3). RMS expected to get the papers at his office on the following
  Tuesday or Wednesday.</p>

  <p>On February 10, RMS wrote to me, Florian and Keith:</p>

  <blockquote>
    <pre class="code-block">
Today Eric's papers arrived, I checked them, and I signed them.
So the way is clear--please release as soon as you are ready!
</pre>
  </blockquote>

  <p>I replied to RMS that I was doing test-builds, expecting to
  complete those in a few days. On the other hand, I had not gotten
  feedback from Florian regarding the scripts for updating the
  copyright notices. He replied without focussing on that, to
  discuss when and where to put a prerelease.</p>

  <p>More than once, Florian had expressed an willingness to step
  aside once the release was done. I made no argument either way.
  But having Florian leave was not what RMS had in mind (the task
  would not be complete). Replying to Florian on February 11, RMS
  said:</p>

  <blockquote>
    <pre class="code-block">
    In short: You are the real maintainer of ncurses for me. But it is probably
    wise to neither list me as maintainer nor state my official disappearance.

Since the authors agreed based on the idea you would be the
maintainer, I think it is best to list you as the official maintainer,
and make that an honest statement by having you act as the "maintainer
in chief" in case there is a dispute among the major contributors.  In
the mean time, Thomas can do all the work and make all the decisions
when there is no dispute--which we hope will be all the time.

After some time (perhaps a year), if Eric remains uninvolved in
ncurses, it would be ok to change this and make Thomas the official
maintainer.  If he has been uninvolved for that long, he would have to
recognize that this is ok.
</pre>
  </blockquote>

  <p>This was the basis for my resuming maintainership of ncurses a
  year and a half later:</p>

  <ul>
    <li>Florian left,</li>

    <li>RMS was unable to contact him, and</li>

    <li>RMS found that there was no remaining obstacle.</li>
  </ul>

  <p>RMS, when asked about the ".lsm" file, stated on February
  13</p>

  <blockquote>
    <pre class="code-block">
We don't make entries in the "Linux system map" for GNU programs,
because GNU programs are not "part of Linux" or "for Linux".
They should run on Linux-based GNU systems, of course,
and the kernel is an important part of the system,
but we shouldn't treat it as if it were everything.
</pre>
  </blockquote>

  <p>I removed it at <a href="/ncurses/NEWS.html#t980214">that
  point</a>.</p>

  <p>At RMS's suggestion, we began moving the mailing list on
  February 16.</p>

  <p>Florian reported on February 21 that Eric had sent mail,
  saying that Florian should not make a release without patches to
  the terminfo database. Florian asked Eric to send patches, but
  also told him that the current beta looked okay, and that he
  would like to make the release soon.</p>

  <p>In reviewing Eric's <em>first</em> set of changes on the 28th,
  neither of us found those to be urgent. Florian noted of Eric's
  change to make the hashmap code "on" by default, that it had not
  been tested during the beta period. At that point, Eric had still
  promised patches for the terminfo.src file. Juergen agreed: make
  no major changes.</p>

  <h3 id="March_1998-h3"><a name="March_1998" id="March_1998">March
  1998</a></h3>

  <p>However, Eric was allowed to make a last-minute change to the
  terminfo.src file, as seen in the <a href=
  "NEWS.html#v4_2">ncurses 4.2</a> release summary. That changed
  about 400 lines of the file. Some parts were improvements; some
  were cosmetic (renaming entries or their descriptions). Some were
  neither. For instance, Eric replaced a year's notes from the
  change history (76 lines) with a cut-down version (29 lines)
  which was more than half describing the changes that Eric added
  in the other 350 lines of text. In doing that, it changed the
  attribution (noting that Daniel Weaver's name was removed).</p>

  <p>I did some repairs in the following week's patch. Ultimately,
  I restored that section of the change history to provide
  before/after comparisons, in 2007-07-14.</p>

  <h3 id="patch_980302-h3"><a name="patch_980302" id=
  "patch_980302">ncurses 4.2 &ndash; March 2, 1998</a></h3>

  <p>The release announcement for ncurses 4.2 came 3 hours after
  the upload with Eric's changes.</p>

  <h2 id="other_issues-h2"><a name="other_issues" id=
  "other_issues">License and Other Issues</a></h2>

  <h3 id="issue_delay-toc"><a name="issue_delay" id=
  "issue_delay">Explaining the Delay</a></h3>

  <p>Going back to the timeline, one may ask what made Eric (the
  most self-proclaimed knowledgeable person about this process)
  take the <em>longest</em> to get a copyright assignment signed
  and mailed to RMS. Eric was (according to the comments in emails)
  also in fairly frequent phone contact with RMS.</p>

  <p>Conversely, what prompted his completing the process? Eric was
  in <a href="#date19980116">no hurry</a> when RMS talked with him
  on January 16. Even on <a href="#date19980122">January 22</a> he
  had not successfully completed the assignment.</p>

  <p>That part is probably simpler to answer:</p>

  <dl>
    <dt>1998/01/22</dt>

    <dd><a href=
    "http://blog.lizardwrangler.com/2008/01/22/january-22-1998-the-beginning-of-mozilla/">
    the Beginning of Mozilla</a></dd>

    <dt>1998/01/23</dt>

    <dd>Netscape announces the release of the source code for
    Netscape Navigator 5.0</dd>

    <dd>
      <a href=
      "http://www.nytimes.com/1998/01/23/business/browser-war-a-concession-and-a-push.html">
      Browser War: A Concession And a Push</a> (New York Times,
      January 23, 1998)

      <p>Netscape was making the source code available, but aimed
      at hobbyists.</p>
    </dd>

    <dt>1998/01/27</dt>

    <dd>
      <a href=
      "http://money.cnn.com/1998/01/27/technology/netscape/">Netscape
      misses target</a> (Money, January 27, 1998)

      <p>Netscape started layoffs on this date (10% of 3000
      employees according to an article in the San Francisco
      Gate).</p>

      <p>This article notes that in the original announcement,
      modified versions of the source code were not allowed to be
      sold.</p>
    </dd>

    <dt>1998/01/30</dt>

    <dd>Eric <a href=
    "http://lists.debian.org/debian-devel/1998/01/msg01829.html">announces</a>
    on mailing lists that he will be visiting Netscape
    headquarters.</dd>

    <dd>"Open source" was not yet in Eric's vocabulary.</dd>

    <dt>1998/02/03</dt>

    <dd>Eric <a href=
    "http://www.catb.org/~esr/faqs/hacker-revenge.html">meets</a>
    with other hackers at VA Linux Systems</dd>

    <dd>The papers are mailed.</dd>

    <dt>1998/02/09</dt>

    <dd>
      change comment for <a href=
      "http://www.catb.org/~esr/writings/homesteading/cathedral-bazaar/">
      CATB</a> says

      <blockquote>
        <pre class="code-block">
   Revision 1.29 February 9 1998 esr
   Changed ``free software'' to ``open source''.
</pre>
      </blockquote>
    </dd>

    <dt>1998/02/10</dt>

    <dd>
      change comment for <a href=
      "http://www.catb.org/~esr/writings/homesteading/cathedral-bazaar/">
      CATB</a> says

      <blockquote>
        <pre class="code-block">
   Revision 1.31 February 10 1998 esr
   Added ``Epilog: Netscape Embraces the Bazaar!''
</pre>
      </blockquote>
    </dd>
  </dl>

  <p>Bear in mind that few mainstream sources mentioned Eric's
  relationship to the Netscape announcement early. Recalling the
  newsgroup discussions, it seemed that came later (no earlier than
  the 27th).</p>

  <p>Essentially, the delays were cut short, because Eric was
  unable to <em>not</em> complete the paperwork. Further delays
  would have interfered with his ability to exploit the Netscape
  announcement. Even had he chosen to walk away from it, there was
  a good potential for ncurses licensing being a liability.</p>

  <p>Still, it was not obvious to Eric, since he waited until the
  day of his meeting to mail the form. Perhaps someone pointed it
  out to him.</p>

  <h3 id="issue_opens-h3"><a name="issue_opens" id=
  "issue_opens">Open Source Dispute</a></h3>

  <p>Along with revising CATB to hoist a new flag on it, Eric did
  the same in other parts of his web page. I noticed that he
  claimed to have been a <em>principal</em> developer of the "open
  source" ncurses. That failed scrutiny for several reasons:</p>

  <ul>
    <li>the dictionary is clear on the meaning of "principal";
    there is only one.</li>

    <li>phrasing it as "one of the principal developers" sidesteps
    the issue. Eric was again explicitly claiming to be the
    <a href="/personal/maintainer.html">maintainer</a>.</li>

    <li>the term "open source" did not exist at any point in time
    where Eric had any control over the development.</li>

    <li>Eric did not ask for opinions from any of the authors or
    contributors to ncurses.</li>

    <li>at that early stage, "open source" was a term used only by
    Eric (and his cronies), and predictably, took on a meaning
    based on their views. RMS had a different opinion of the
    term.</li>

    <li>to remind the reader, it was the Free Software Foundation
    that held the copyright to ncurses at that point.</li>

    <li>while Keith and others had no specific terminology for the
    nature of the ncurses license, RMS was clear starting in
    <a href="#June_1997">June 1997</a> that it would be "free
    software".</li>
  </ul>

  <p>Having these issues in mind, I consulted with RMS (on February
  13), who responded:</p>

  <blockquote>
    <pre class="code-block">
    btw, I'm not wholly clear on your position on "open source".

It means more or less the same thing as "free software", but I don't
think it is a good choice of terminology.  Please see
<a href=
"https://web.archive.org/web/19981205104835/http://www.gnu.org/philosophy/open-source-or-free.html">http://www.gnu.org/philosophy/open-source-or-free.html</a>
for my reasons.

In the GNU project, we will keep using the term "free software".
</pre>
  </blockquote>

  <p>and further (on February 14):</p>

  <blockquote>
    <pre class="code-block">
    I think that some people are treating it as more than a synonym (or whatever),
    but trying to use it as a path to change how issues are interpreted.

I know, and I think that change is for the worse.  That is why
I urge people to keep using the term "Free Software".
</pre>
  </blockquote>

  <p>Again, we had a policy. I summarized my position on the matter
  <a href="/ncurses/ncurses.faq.html#who_claims_it">here</a>, and,
  taking into account the behavior of both Eric and his cronies
  with respect to my work on ncurses over the following years, have
  not found a reason to amend it.</p>

  <h3 id="issues_freer-h3"><a name="issues_freer" id=
  "issues_freer">How is the License Improved?</a></h3>

  <p>While it is a clear improvement over the license that Eric and
  Zeyd used, <a href="#license19970717">the origin</a> of the
  wording was unclear to me, as well as the reason for using a
  license which did not quite match others in use at that time.
  Reusing an existing license would for instance reduce arguments
  over interpretation.</p>

  <p>Start by looking at the ncurses license, for example in
  <code>ncurses.h</code>:</p>

  <blockquote>
    <pre class="code-block">
/****************************************************************************
 * Copyright (c) 1998-2007,2008 Free Software Foundation, Inc.              *
 *                                                                          *
 * Permission is hereby granted, free of charge, to any person obtaining a  *
 * copy of this software and associated documentation files (the            *
 * "Software"), to deal in the Software without restriction, including      *
 * without limitation the rights to use, copy, modify, merge, publish,      *
 * distribute, distribute with modifications, sublicense, and/or sell       *
 * copies of the Software, and to permit persons to whom the Software is    *
 * furnished to do so, subject to the following conditions:                 *
 *                                                                          *
 * The above copyright notice and this permission notice shall be included  *
 * in all copies or substantial portions of the Software.                   *
 *                                                                          *
 * THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS  *
 * OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF               *
 * MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.   *
 * IN NO EVENT SHALL THE ABOVE COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM,   *
 * DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR    *
 * OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR    *
 * THE USE OR OTHER DEALINGS IN THE SOFTWARE.                               *
 *                                                                          *
 * Except as contained in this notice, the name(s) of the above copyright   *
 * holders shall not be used in advertising or otherwise to promote the     *
 * sale, use or other dealings in this Software without prior written       *
 * authorization.                                                           *
 ****************************************************************************/
</pre>
  </blockquote>

  <p>The ncurses license is said to be based on MIT-X11. When I
  read that, I have in mind the license used for X11 header files,
  which differ from ncurses. For example, here is the license from
  <code>Xlib.h</code>:</p>

  <blockquote>
    <pre class="code-block">
Copyright 1985, 1986, 1987, 1991, 1998  The Open Group

Permission to use, copy, modify, distribute, and sell this software and its
documentation for any purpose is hereby granted without fee, provided that
the above copyright notice appear in all copies and that both that
copyright notice and this permission notice appear in supporting
documentation.

The above copyright notice and this permission notice shall be included in
all copies or substantial portions of the Software.

THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR
IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.  IN NO EVENT SHALL THE
OPEN GROUP BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN
AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN
CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.

Except as contained in this notice, the name of The Open Group shall not be
used in advertising or otherwise to promote the sale, use or other dealings
in this Software without prior written authorization from The Open Group.
</pre>
  </blockquote>

  <p>Only the first paragraph really differs. The last two differ
  in the way the copyright owner is mentioned, but that does not
  affect the meaning of the text.</p>

  <p>Both forms of the license <em>grant</em> rights (that is how
  to interpret a license). Rights not granted are
  <em>reserved</em>.</p>

  <p>After discarding the repetition regarding the copyright notice
  from the MIT-X11 license (compare with the second paragraph),
  there is not much left:</p>

  <blockquote>
    <p>Permission to use, copy, modify, distribute, and sell this
    software and its documentation for any purpose is hereby
    granted without fee, <del>provided that the above copyright
    notice appear in all copies and that both that copyright notice
    and this permission notice appear in supporting
    documentation</del>.</p>
  </blockquote>

  <p>That is, it lists anticipated <em>uses</em> ("use", "copy",
  "modify", "distribute", "sell") and combines that with "any
  purpose", and "without fee". Bear in mind that the MIT-X11
  license is widely interpreted to grant the right to
  <em>anyone</em> to modify a program and distribute the modified
  program.</p>

  <p>Trimming down the ncurses license for analysis is harder:</p>

  <blockquote>
    <p>Permission is hereby granted, free of charge, to any person
    obtaining a copy of this software and associated documentation
    files (the "Software"), to deal in the Software without
    restriction, including without limitation the rights to use,
    copy, modify, merge, publish, distribute, distribute with
    modifications, sublicense, and/or sell copies of the Software,
    and to permit persons to whom the Software is furnished to do
    so, <del>subject to the following conditions:</del></p>
  </blockquote>

  <p>The ncurses license parallels some of MIT-X11:</p>

  <ul>
    <li>
      <p>"free of charge" corresponds to "without free".</p>
    </li>
  </ul>

  <p>but ncurses differs:</p>

  <ul>
    <li>
      <p>ncurses mentions "any person", and "persons". What a
      "person" is can be subject to interpretation. MIT-X11 does
      not limit that, grants its permissions to <em>whatever</em>
      can use the rights.</p>
    </li>

    <li>
      <p>ncurses lists uses which are not listed in MIT-X11, such
      as "merge", "publish", "distribute with modifications",
      "sublicense".</p>
    </li>
  </ul>

  <p>Considering the context in which the ncurses license was
  produced, the problem which it was intended to solve (by
  comparing the Eric+Zeyd license with MIT-X11) was the omission of
  "modify" from the list of uses. If an explicit "distribute with
  modifications" is legally necessary, then the MIT-X11 license,
  which lacks that explicit use, is defective. MIT-X11 has been in
  use for more than twenty years, so that argument seems
  implausible, due to extensive precedent.</p>

  <p>Likewise, "merge" and "publish" are likely redundant (viz
  "modify" and "distribute").</p>

  <p>In summary, the ncurses license appears to be a restating of
  the MIT-X11 license. But it is unclear if the changes were
  necessary.</p>

  <h3><a id="issues_expat" name="issues_expat">But that MIT-X11
  License...</a></h3>

  <p>I quoted the license from <code>Xlib.h</code> file. But some
  comments regarding MIT-X11 versus the ncurses license have gotten
  my attention. For instance in <a href=
  "http://bugs.debian.org/cgi-bin/bugreport.cgi?bug=284340">Debian&nbsp;#284340</a>
  MIT-X11 and the <code>expat</code> license differ only by the
  final clause dealing with advertising.</p>

  <p>This <a href="http://www.linfo.org/mitlicense.html">anonymous
  discussion</a> states that</p>

  <ul>
    <li>
      <p>the MIT license is the same as the ncurses license except
      for the &ldquo;addition&rdquo; of the advertising
      paragraph.</p>
    </li>

    <li>
      <p>Expat uses the MIT license.</p>
    </li>
  </ul>

  <p>In other discussion, some arguments are made that the MIT
  license should be called the Expat license (apparently on the
  basis of distinguishing that from other MIT licenses.</p>

  <p>That raises the issue: how are these licenses related?</p>

  <ul>
    <li>
      <p>To start, I noticed that the earliest date on the expat
      copyright is 1998. But I first saw the text for ncurses's
      license in <a href="#license19970717">July 1997</a>.</p>
    </li>

    <li>
      <p>If expat development had been well-known in 1997, then it
      would be possible for the ncurses license to be based on that
      in some way. Early expat development was discussed on the
      <a href="http://lists.xml.org/archives/xml-dev/">xml-dev</a>
      mailing list.</p>
    </li>

    <li>
      <p>Expat 1.0 was announced in <a href=
      "http://lists.xml.org/archives/xml-dev/199808/msg00464.html">August
      1998</a>, over a year later.</p>
    </li>

    <li>
      <p>The announcement mentions earlier beta versions. The
      earliest of these appears to be in <a href=
      "http://lists.xml.org/archives/xml-dev/199804/msg00088.html">April
      1998</a>, not long after the ncurses 4.2 release. But in that
      message, James Clark stated that he was using the Mozilla
      Public License (none of the <a href=
      "http://www.mozilla.org/MPL/historical.html">old versions</a>
      of MPL bear any resemblance to MIT-X11); they are
      self-similar.</p>
    </li>

    <li>
      <p>None of the messages through 1.0 mention licensing.</p>
    </li>

    <li>
      <p>Subsequent messages mention dual-licensing (MPL and GPL),
      e.g., in the announcement of <a href=
      "http://mailman.ic.ac.uk/pipermail/xml-dev/1999-May/012447.html">
      expat 1.1</a>.</p>
    </li>

    <li>
      <p>The MIT-style license used by expat was adopted in
      <a href="http://lists.xml.org/archives/xml-dev/200010/msg00167.html">
      October 2000</a>.</p>
    </li>

    <li>
      <p>Noting this <a href=
      "https://fedoraproject.org/wiki/Licensing:MIT?rd=Licensing/MIT#Modern_Style_with_sublicense">
      Licensing:MIT &ndash; FedoraProject</a> page which quotes the
      same license as</p>

      <blockquote class="code-block">
        <p>Copyright (c) 1998, 1999, 2000 Thai Open Source Software
        Center Ltd</p>
      </blockquote>

      <p>(the same author), it is possible that it was used by him
      in some <em>other</em> published work. Still,
      1998&nbsp;&gt;1997.</p>
    </li>

    <li>
      <p>Expat was not part of X11R6.<br>
      It was added to XFree86 on February 18, 2002 (according to
      <a href=
      "http://cvsweb.xfree86.org/cvsweb/xc/extras/expat/lib/xmlparse.c">
      XFree86 CVS</a>).<br>
      In my 2006 snapshot, Expat comprises 15878 lines of the
      3280100 total in XFree86.<br>
      That is about 0.5%, making it just a small part of the
      &ldquo;extras&rdquo; directory (602353 lines).</p>

      <p>Incidentally, &ldquo;contrib&rdquo; and
      &ldquo;extras&rdquo; are not strictly considered
      <em>part</em> of XFree86. They were add-ons, for
      convenience.</p>
    </li>

    <li>
      <p>Notwithstanding the copyright notice and mailing-list
      tidbits, I have have found no earlier sources than <a href=
      "http://www.jclark.com/xml/expat.html">version 1.2</a> (all
      library files dated April 21, 2000 or later), with a separate
      <a href=
      "http://www.jclark.com/xml/copying.txt">copying.txt</a> file
      (October 6, 2000).</p>
    </li>

    <li>
      <p>Expat's author had no relationship with MIT (refer to his
      <a href="http://www.jclark.com/bio.htm">bio-page</a>).<br>
      There are no pointers to an earlier instance of this license
      <em>from MIT</em>.<br>
      Lacking a better explanation, equate it with the CDK <a href=
      "/cdk/cdk.html#licensing">"BSD License"</a>.</p>
    </li>
  </ul>

  <p>To summarize,</p>

  <ul>
    <li>
      <p>the ncurses license is not based on the expat license in
      any way.</p>
    </li>

    <li>
      <p>Expat's license is &ldquo;MIT&rdquo; because its author
      says so.</p>
    </li>

    <li>
      <p>However, it is demonstrably not &ldquo;MIT-X11&rdquo;.</p>
    </li>
  </ul>

  <p>Continuing, the question is what MIT-X11 licenses are found
  (in X11 source code), and what is the closest match to the
  ncurses license.</p>

  <p>A quick check of the X11R1 (September 1987) source code does
  not find &ldquo;sublicense&rdquo; used&mdash;except in a
  different way by <em>two</em> files. I happen to have a full
  XFree86 source tree.</p>

  <ul>
    <li>
      <p>There are 13144 files in the &ldquo;xc&rdquo; tree.</p>
    </li>

    <li>
      <p>There are 6413 C-language files, totalling 3051851
      lines.<br>
      Copyright and license notices appear in both C-language files
      as well as supporting build-scripts.</p>
    </li>

    <li>
      <p>The word &ldquo;sublicense&rdquo; appears in 2968 files
      (compared with 6668 for &ldquo;Permission&rdquo; or 9400 for
      &ldquo;Copyright&rdquo;). Only about 500 of those files are
      older than November 2003. I see this text in the oldest of
      those 2968 files, xc/doc/specs/Xaw/Xtk.widg.front, dated
      April 1994:</p>

      <blockquote>
        <pre class="code-block">
.LP
Copyright \(co 1985, 1986, 1987, 1988
Digital Equipment Corporation, Maynard, Massachusetts.
.LP
Permission to use, copy, modify and distribute this documentation for any
purpose and without fee is hereby granted, provided that the above copyright
notice appears in all copies and that both that copyright notice and this
permission notice appear in supporting documentation, and that the name of
Digital not be used in in advertising or publicity pertaining
to distribution of the software without specific, written prior permission.
Digital makes no representations about the suitability of the
software described herein for any purpose.
It is provided ``as is'' without express or implied warranty.
Copyright \(co 1985, 1986, 1987, 1988 X Consortium
.LP
Permission is hereby granted, free of charge, to any person obtaining a copy
of this software and associated documentation files (the ``Software''), to deal
in the Software without restriction, including without limitation the rights
to use, copy, modify, merge, publish, distribute, sublicense, and/or sell
copies of the Software, and to permit persons to whom the Software is
furnished to do so, subject to the following conditions:
.LP
The above copyright notice and this permission notice shall be included in
all copies or substantial portions of the Software.
.LP
THE SOFTWARE IS PROVIDED ``AS IS'', WITHOUT WARRANTY OF ANY KIND, EXPRESS OR
IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.  IN NO EVENT SHALL THE
X CONSORTIUM BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN
AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN
CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.
.LP
Except as contained in this notice, the name of the X Consortium shall not be
used in advertising or otherwise to promote the sale, use or other dealings
in this Software without prior written authorization from the X Consortium.
</pre>
      </blockquote>
    </li>

    <li>
      <p>The word &ldquo;advertising&rdquo; (from the last clause,
      which is the difference between MIT-X11 and expat) is used in
      6506 files.</p>
    </li>
  </ul>

  <p>That is, after skipping the actual copyright notice, and
  changing &ldquo;X Consortium&rdquo; to &ldquo;above copyright
  holders&rdquo;, we have the ncurses license.</p>

  <p>X11R6.3 was the current release at the time that the ncurses
  license text was first seen (July 1997):</p>

  <ul>
    <li>
      <p>6443 source files comprise the release</p>
    </li>

    <li>
      <p>4689 have &ldquo;Copyright&rdquo;</p>
    </li>

    <li>
      <p>4177 have &ldquo;Permission&rdquo;</p>
    </li>

    <li>
      <p>2817 have &ldquo;sublicense&rdquo;</p>
    </li>

    <li>
      <p>The oldest files with &ldquo;sublicense&rdquo; are
      copyright by Bitstream (May 11, 1991), and have a similar
      first paragraph.</p>
    </li>

    <li>
      <p>The files starting with April 1994 with
      &ldquo;sublicense&rdquo; have the same license as the sample
      quoted above. In particular, this includes
      <code>Xlib.h</code>.</p>
    </li>

    <li>
      <p>The remaining files are copyright by other organizations
      than X Consortium (such as fonts), or have no copyright
      keyword (such as generated documentation).</p>
    </li>
  </ul>

  <p>To summarize:</p>

  <ul>
    <li>
      <p>The license used by ncurses was the same as that used in
      X11R6.3.</p>
    </li>

    <li>
      <p>The text of the license is at least 3 years older (April
      1994) than X11R6.3's release.</p>
    </li>

    <li>
      <p>The &ldquo;sublicense&rdquo; wording was dropped later by
      The Open Group, apparently in 1998.</p>

      <p>That would make the license now used in X11 header files
      no longer MIT-X11.</p>
    </li>

    <li>
      <p>The advertising paragraph was not added for ncurses.</p>
    </li>

    <li>
      <p>Comments that FSF added this are likely based on confusion
      regarding the license changes made by The Open Group (which
      took over the sources following the demise of X Consortium at
      the end of 1996).</p>
    </li>
  </ul>

  <p>For comparison, one can readily find evidence that the
  anonymous not-a-lawyer topic promoting Expat as <em>the</em> MIT
  license on the Linux Information Project has been used as the
  basis for more official-sounding pages &ldquo;MIT
  License&rdquo;:</p>

  <ul>
    <li>
      <p><a href="http://opensource.org/licenses/MIT">OSI</a></p>
    </li>

    <li>
      <p><a href=
      "https://fedoraproject.org/wiki/Licensing:MIT?rd=Licensing/MIT">
      Fedora</a></p>
    </li>

    <li>
      <p><a href=
      "https://spdx.org/licenses/MIT#licenseText">SPDX</a></p>
    </li>
  </ul>

  <p>These all are lacking in useful information, e.g., dates and
  authors which would help show how the information evolved (or
  simply migrated). I noticed the OSI page, of course in the first
  draft of this page. In later investigation (2014), I noticed the
  Fedora and SPDX pages, noting that the latter generally copies
  from the others after some discussion, e.g.,</p>

  <ul>
    <li>
      <p><a href=
      "http://wiki.spdx.org/view/Legal_Team/Minutes/2013-04-16">Legal
      Team &ndash; minutes &ndash; 2013-04-16</a><br>
      This proposed making templates to match subsets of the MIT
      licenses.<br>
      For instance, <a href=
      "http://spdx.org/spdx-license-list/matching-guidelines">this
      page</a> claims that these templates exist. Searching for
      templates on this site found only deleted pages, no
      content.<br>
      Likewise, the attachments for a <a href=
      "http://wiki.spdx.org/view/Legal_Team/Decisions/SPDX_Metadata_License:_Rationale_for_CC0">
      relevant page</a> do not exist.</p>
    </li>

    <li>
      <p><a href=
      "http://wiki.spdx.org/view/Legal_Team/Minutes/2013-06-06">Legal
      Team &ndash; minutes &ndash; 2013-06-06</a><br>
      The comment that &ldquo;old" MIT - never considered (? may
      have fell through the cracks)&rdquo; seemed interesting,
      until reading other pages it was clear that this referred to
      an earlier timeframe than X development.</p>
    </li>

    <li>
      <p>A <a href=
      "http://lists.spdx.org/pipermail/spdx/2012-December/000785.html">
      2012 paper</a> by Trevor Maryka presents some numbers
      illustrating an investigation into the features of different
      versions of the MIT and MIT-X11 licenses. The numbers
      presented are for Debian 6.</p>
    </li>
  </ul>

  <p>Here are their main pages, for future consideration:</p>

  <ul>
    <li>
      <p><a href=
      "https://fedoraproject.org/wiki/Licensing:Main?rd=Licensing">Fedora</a></p>
    </li>

    <li>
      <p><a href="https://spdx.org/licenses/">SPDX</a></p>
    </li>
  </ul>

  <p>Incidentally, some readers are confused by the &ldquo;All
  Rights Reserved&rdquo; found in many files of the X releases
  (4490 occurrences in my XFree86 snapshot for instance), supposing
  it to be part of the <em>license</em>. Instead, it is part of the
  copyright <em>notice</em>, and was required (until a debatable
  date, depending upon the source used) due to the United States'
  participation in the Buenos Aires Convention of 1910. Its absence
  from ncurses is likely due to Stallman's preference for the form
  of the copyright notice versus the GPL.</p>
</body>
</html>