Re: licensing question for nom.tam.fits

2012-08-30 Thread Florian Rothmaier
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Hi Francesco!


Am 28.08.2012 19:19, schrieb Francesco Poli:
 On Tue, 28 Aug 2012 15:37:46 +0200 Florian Rothmaier wrote:
 
 Hi to everyone involved in debian-legal,
 
 Hello!
 

 I've got a licensing issue related to the astronomical Java library
 fits (nom.tam.fits) from Thomas McGlynn.

 The newest release can be obtained at:
 http://heasarc.gsfc.nasa.gov/docs/heasarc/fits/java/v1.0/v1.08.1/ .

 In the code, I find the following copyright statement:
 /* Copyright: Thomas McGlynn 1997-1999.
  * This code may be used for any purpose, non-commercial
  * or commercial so long as this copyright notice is retained
  * in the source code or included in or referred to in any
  * derived software.
  */
 When I wrote an e-mail to Thomas McGlynn, he replied:
 I believe the lines you quote are themselves the entirety of the
 license. There was no intent to associate this with any specific more
 general license.
 
 Unfortunately these license lines do not seem to be enough to make the
 library clearly Free Software.
 I think they are far too vague and implicit:
 
   - the term use is ambiguous at best; does it just cover running a
 program that links with library? or is it implicitly intended to
 also cover other activities such as copying, modification,
 redistribution of verbatim and modified copies?
 
   - there's no explicit permission to copy and redistribute
 
   - there is a reference to derived software, but no explicit
 permission to create and distribute such derived software
 
 I believe that such license lines make the library unsuitable for
 distribution in Debian (main) or even in the non-free archive.

That was also my worry when I saw these lines.


 

 Now, I'm not sure how to proceed.
 [...]
 I'd appreciate your help!
 
 If you want this library to be included in Debian, I think you should
 contact its copyright holder again and persuade him to re-license the
 library in a clearly DFSG-free manner, preferably under the terms of a
 well known and widely used Free Software license.
 
 I would personally recommend the copyright holder to re-license the
 library under the terms of the Expat/MIT license [1], which is very
 simple and similar in spirit to the goals that were probably in the
 mind of the drafter of the above quoted license lines.
 
 [1] http://www.jclark.com/xml/copying.txt

After your reply, I contacted the copyright holder again and tried to
explain him how the situation is and forwarded him your licensing
suggestion. Now I have to wait for his reaction.

 

 Thanks in advance
 
 You're welcome, I hope this helps.

Yes, thank you very much, Francesco!
 
 and please cc me in your replies since I'm not
 subscribed to debian-legal.
 
 Done.
 
 Bye and good luck with your persuasion effort!
 
 

Thanks and best regards,
Florian

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About packages-metadata [was: Re: Freeness of this license]

2012-08-30 Thread Francesco Poli
On Thu, 30 Aug 2012 13:50:46 +0900 Charles Plessy wrote:

[...]
 I would like to advertise the packages-metadata repository:
 
   http://anonscm.debian.org/viewvc/collab-qa/packages-metadata/
   svn://svn.debian.org/collab-qa/packages-metadata/
   http://wiki.debian.org/UpstreamMetadata
 
 Today it already contains 3431 Debian copyright files.  Most of them
 are up to date (but consistency checks have not been implemented yet).
 
 Using this tool, one can search for similar license terms in the Debian
 archive.  Note that the pool includes the non-free section...

How can one search for similar terms in the Debian archive?
I failed to spot a dedicated search functionality...

Do you mean that one can search by cloning the subversion repository
and then using grep (and other similar tools) recursively in the
resulting local directory tree?


-- 
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 New GnuPG key, see the transition document!
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Re: Freeness of this license

2012-08-30 Thread Francesco Poli
On Thu, 30 Aug 2012 10:48:35 +1000 Ben Finney wrote:

 Bastien ROUCARIES roucaries.bast...@gmail.com writes:
[...]
  License to use, copy, modify, sell and/or distribute this software and
  its documentation for any purpose is hereby granted without royalty,
  subject to the following terms and conditions:
 […]
 
 I agree that the text covered by that elision is a standard 3-clause
 BSD-style license.

As I said, I think it is not so similar to the 3-clause BSD license.

Please re-read the 3 clauses you snipped and compare them with the 3
clauses in
http://www.debian.org/misc/bsd.license

They are not the same.
They may be similar in effects, perhaps, but they are not the same...

 
  LICENSEE shall indemnify,
[...]
 
 This is an imposition of boundless and unknowable costs on the licensee,
 based on the action of other parties.
 
 It goes far beyond the (already included) warranty disclaimer, and
 reaches into the future life of the licensee to oblige legal defense of
 the copyright holder.
 
 It makes the work non-free, in my opinion.

Thanks for sharing your opinion.
Your insight is much appreciated!

 
 If the paragraph were dropped, the disclaimer of warranty earlier would
 still stand, which should be sufficient. It would also make the license
 almost identical to a 3-clause BSD license, so I would just encourage
 the copyright holder to reduce license proliferation by issuing a
 standard text instead of their own variant.

I agree with the recommendation and I personally suggest the adoption
of the 3-clause BSD license:
http://www.debian.org/misc/bsd.license



-- 
 http://www.inventati.org/frx/frx-gpg-key-transition-2010.txt
 New GnuPG key, see the transition document!
. Francesco Poli .
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Re: About kstars-data-extra-tycho2 distributability

2012-08-30 Thread Noel David Torres Taño
On Martes, 21 de agosto de 2012 02:55:43 Charles Plessy wrote:
 Le Mon, Aug 20, 2012 at 07:54:05PM +0100, Noel David Torres Taño a écrit :
  On the package kstars-data-extra-tycho2 it has arisen a doubt about its
  distributability: See bug #681654
 
 Dear Noel,
 
 sorry to discard the arguments you already gave in #681654, but have you
 considered asking for a clarification to one of the current mainstream
 distributors ?
 
 http://cdsarc.u-strasbg.fr/viz-bin/Cat?target=httpcat=I/259
 
 Have a nice day,

Hi Charles

I thought I sent this before, but it seems that not.

Regards
Noel Torres
er Envite

---BeginMessage---
Dear Noel Torres,
here is the CDS policy for the scientific data we distribute:

Catalogues available at CDS contain scientific data distributed
for free, for a scientific usage.
Companies including such data in their commercial products cannot
charge their clients for the data. Furthermore, users must be informed
of the origin of the data: this means an explicit reference to the service
provided by the CDS and also to the original author(s) of each catalogue.

Let us know if you need more information
best regards,
Caroline Bot, CDS

Le Mardi 21 Août 2012 20:52 CEST, Noel David Torres Taño env...@rolamasao.org 
a écrit:

 Dear CDS team

 I want to package some data for informatic usage. The data are an extraction
 from the Tycho2 Catalogue.

 Data came originally from NASA ADC, and I saw at
 http://web.archive.org/web/20070303235508/http://adc.astro.umd.edu/adc/questions_feedback.html#policies
 that the policy for data coming fro there is Public Domain.

 But actually they are not online, and you are the main providers of the data.

 Could you please clarificate about the data License? I've searched your site
 and found nothing about that.

 Thanks in advance

 Noel Torres



---End Message---


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Re: About packages-metadata [was: Re: Freeness of this license]

2012-08-30 Thread Charles Plessy
Le Thu, Aug 30, 2012 at 07:25:30PM +0200, Francesco Poli a écrit :
 
 Do you mean that one can search by cloning the subversion repository
 and then using grep (and other similar tools) recursively in the
 resulting local directory tree?

Yes, exactly.  Since the all the copright files are in a subdirectory, the grep
command can also be run on '*/*.copyright' instead of recursively; this will
remove some noise as Subversion keeps copies in subdirectories.

Have a nice day,

-- 
Charles Plessy
Debian Med packaging team,
http://www.debian.org/devel/debian-med
Tsurumi, Kanagawa, Japan


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Re: About kstars-data-extra-tycho2 distributability

2012-08-30 Thread Charles Plessy
  Le Mon, Aug 20, 2012 at 07:54:05PM +0100, Noel David Torres Taño a écrit :
   On the package kstars-data-extra-tycho2 it has arisen a doubt about its
   distributability: See bug #681654
 
 On Martes, 21 de agosto de 2012 02:55:43 Charles Plessy wrote:
  sorry to discard the arguments you already gave in #681654, but have you
  considered asking for a clarification to one of the current mainstream
  distributors ?
  
  http://cdsarc.u-strasbg.fr/viz-bin/Cat?target=httpcat=I/259
 
Le Thu, Aug 30, 2012 at 07:33:38PM +0100, Noel David Torres Taño a écrit :
 I thought I sent this before, but it seems that not.

 from: HOTLINE-DU-CDS Non-Nominatif (UDS) cds-quest...@unistra.fr
 subject: Re: About Catalogues License
 message-id: 31d-5035ef80-1b-53516180@99327283
 
 Dear Noel Torres,
 here is the CDS policy for the scientific data we distribute:
 
 Catalogues available at CDS contain scientific data distributed
 for free, for a scientific usage.
 Companies including such data in their commercial products cannot
 charge their clients for the data. Furthermore, users must be informed
 of the origin of the data: this means an explicit reference to the service
 provided by the CDS and also to the original author(s) of each catalogue.

Hi Noel,

sorry that I did not find it by myself.

The following parts of their answer is ambiguous.

  data distributed for free, for a scientific usage

Does it mean that other usages, for instance commercial, artistic or military,
are disallowed if downloading the data for free ?

  Companies including such data in their commercial products cannot charge 
their
  clients for the data.

Does it mean that for-profit use is disallowed, or does it mean that, while one
can charge for the software packages that redistributes and displays the data,
the presence of the data can not be used as a justification in the price ?

For that question in particular, the SIL open font license is an interesting
example.  It is Free according to Debian, but note the following clauses:

  1) Neither the Font Software nor any of its individual components,
  in Original or Modified Versions, may be sold by itself.

  2) Original or Modified Versions of the Font Software may be bundled,
  redistributed and/or sold with any software, provided that each copy
  contains the above copyright notice and this license.

  http://scripts.sil.org/cms/scripts/page.php?item_id=OFL_web

It means that one can sell a software that contains the font, but one can not
sell an isolated file that contains just the font.  Perhaps this is what is
meant for the data in the CDS above ?

All in all, I think that you unfortunately need to ask for one more
clarification.

Have a nice day,

-- 
Charles Plessy
Tsurumi, Kanagawa, Japan


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