Re: Bug#176267: ITP: mplayer -- Mplayer is a full-featured audioand video player for UN*X like systems

2003-01-30 Thread Nick Phillips
On Wed, Jan 29, 2003 at 09:39:14AM -0600, Steve Langasek wrote:
 On Wed, Jan 29, 2003 at 03:43:24AM -0500, Don Armstrong wrote:
 
  2) inform debian-legal (and/or the DD's in general) about any patents
  that mplayer may or may not be infringing upon so an informed decision
  can be made.
 
 In fact, I prefer to not hear about any software patents that are not
 actively being enforced.  Aside from the point that having knowledge of
 the patents can lead to charges of *willful* infringement, I believe it's
 far better if Debian acts as if software patents did not exist until they
 become an imminent issue -- just as we normally ignore any patents
 pertaining to ftp sites and publishing of web content, until and unless
 we see a letter from a patent holder's lawyer.

I wholeheartedly agree.

And I think the extra clutter in peoples' mailboxes that this AOL will
constitute is worth it, if it helps convince one person to STFU when
considering hypothesizing about potential patent problems on this list :)

I'll say it again, just to be sure: unless you have a letter from a patent
holder's lawyer, please do not post here to tell us about potential patent
problems with package X, Y, or Z.


Cheers,


Nick
-- 
Nick Phillips -- [EMAIL PROTECTED]
People are beginning to notice you.  Try dressing before you leave the house.



Re: Bug#176267: ITP: mplayer -- Mplayer is a full-featured audioand video player for UN*X like systems

2003-01-30 Thread Nick Phillips
On Wed, Jan 29, 2003 at 03:53:00PM -0500, Glenn Maynard wrote:

 Because of this, lawyers routinely advise their clients to avoid
 reading patents in areas they are working in. The danger posed by the
 willful infringement doctrine is seen as outweighing any benefit that
 can be gained from reading patents.

/me suggests that, in order to avoid inadvertantly becoming aware of a
possible patent problem, we get spamassassin tuned up to class any list
mail containing the word patent as spam and reject it...

Am I joking? I'm not sure.

-- 
Nick Phillips -- [EMAIL PROTECTED]
Today is the last day of your life so far.



What new name means?

2003-01-30 Thread Juhapekka Tolvanen

It seems, that some licences require, that modified versions of original
work must have new name. For example Design Science Licence is like
that:

http://www.dsl.org/copyleft/dsl.txt

(b) The derivative work is given a new name, so that its name or title
cannot be confused with the Work, or with a version of the Work, in
any way.

According to this thread DSL is DFSG-free licence, but some people
thought, it is impractical to demand new name for modified version:

http://lists.debian.org/debian-legal/2000/debian-legal-27/msg00079.html

But what constitutes new name?

 * * *

If licence of software requires new name for modified version, is it
really so bad? Just put some stuff to version number of that software to
make clear that it is modified version. Of course, it depends on
licence, how bad situation is. At least I think that according to DSL,
it is enough, if version number of modified work indicates, that it is
modified version. It says ...cannot be confused with the Work, or with
a VERSION of the Work,

BTW can you give some examples of licences, that explicitly say, that
whole fscking name must be changed, not just version number? Does such
beasts really exist?

 * * *

If I release some poem called Ode to Buffer Overflow under DSL, and
some guy called Joe Random Poet creates modified version of it, which
of these names would be acceptable for that modified version?:

- Ode to Buffer Overflow (Joe Random Poet Remix)
- Ode to Buffer Overflow (version 1.0-Random-1.0)
- Ode to Buffer Overflow revisited by Random

I think that all of these names would be right according to DSL.
What if my poem has a name Ode to Buffer Overflow (version 2)? Which
of these would be right names for modified version

- Ode to Buffer Overflow (version 2) (Joe Random Poet Remix)
- Ode to Buffer Overflow (version 2-Random-1.0)
- Ode to Buffer Overflow (version 2) revisited by Random

I think that all of these names would be right according to DSL, too.

What If somebody creates Debian package of my poem? :-) I would not
mind, if modified version had this kind of name:

- Ode to Buffer Overflow (version 1.0-debian-1.0)
- Ode to Buffer Overflow (version 2-debian-1.0)

Also irc-nick or login of Debian developer could be used instead of
debian. But what if two consecutive maintainers of Debian-package does
modifications? I think it would cause names like these:

- Ode to Buffer Overflow (Version 1.0-branden-1.3-stutz-1.2)
- Ode to Buffer Overflow (version 2-branden-1.3-stutz-1.2)

And that looks ugly.

But I really don't think, that my poetry could have security holes or
Debian policy-violations, so there should not be need for modifications.
:-)

 * * *

P.S: I don't subscribe to debian-legal -list, so please Cc: to me. But
there is that Mail-Followup-To: -header.

P.S.2: BTW my poetry (in Finnish) is available here:

http://www.cc.jyu.fi/~juhtolv/runot/

Three poems are already available under DSL.


-- 
Juhapekka naula Tolvanen * * * http://www.cc.jyu.fi/~juhtolv/index.html
Lämmitä ei laatikot, ei rusinatkaan luumukiisselin. Riisipuuron
jäätyneen nyt verannalta sisään kiikutin. Ja kurkkuun jäänyt mantelikin
viimein irtoaa vaik' parempi kun pysytellyt ois vaan paikallaan. Viikate



mod_ldap for proftpd is now post-card licensed (proftpd 1.2.7+)...

2003-01-30 Thread Francesco P. Lovergine

Hi legal folks!

Is this a condition to move proftpd-ldap in non-free?
I think the additional condition of postcard requesting is a GPL
violation. 




Quoted from author's site:


mod_ldap is distributed under the GPL, with an additional explicit
clause to allow linking against OpenSSL.

As of mod_ldap 2.8.10, you _must_ send me a postcard at the following
address if you use mod_ldap. If you do not send a postcard, you are in
violation of mod_ldap's licensing. I'm not trying to be needlessly
uptight about this, all it boils down to is that I want to know that
people are using mod_ldap and that they appreciate the effort I put into
working on it (and providing free support, I might add). I tried making
this optional on some of my other software, but it's been several months
and I've yet to receive even a single postcard. If you don't have(?) or
don't want to send a postcard, send a photograph of your local area or
of something geographically close to you that you find interesting.
It'll only cost you a dollar or two. Please do me a favor and send it.

Any hints

-- 
Francesco P. Lovergine



ImageJ 2 :(

2003-01-30 Thread Paolo Ariano
hi everybody

this is the second time:
i'd like to pack a new software (ImageJ) that has no license but the
author define it:
/*
 * ImageJ is open-source. You are free to do anything you want
 * with this source as long as I get credit for my work and you
 * offer your changes to me so I can possibly add them to the
 * official version.
 *
 * @author Wayne Rasband ([EMAIL PROTECTED])
 */

i wrote to the author calling for a license like bsd or gpl and the
answer is :

 ImageJ is in the public domain. You should change the name and the 
 About Box (Help-About ImageJ) if you add a license.

what do you think about ? i'm falling crazy

thanks 
paolo



-- 
Paolo Ariano  
Neuroscience PhD Student  
DBAU  INFM Turin (Italy) 

Meglio un professore povero che un asino ricco -- Meo  


_
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Re: Help with the Bloom Public License (fwd)

2003-01-30 Thread Steve Langasek
On Thu, Jan 30, 2003 at 08:57:16AM +0100, Jakob Bohm wrote:

 Or how about the Meta-DFSG plus GPL (change to OSD if you do not
 want the DFSG used in this way, see another thread here...).

 This program is free software, you may (the usual GPL boilerplate).

 Additionally as an exception to the requirements of the GPL, you may
 link this code to any code whose license complies with the DFSG, as
 it stood on date and as interpreted by the debian-legal mailing
 list.  You may distribute the result of the linking, but you
 otherwise remain bound by the GPL and must comply fully with its
 requirements with respect to the portions of the whole which is
 the program.

As a copyright holder, I would never use such a license on my own
software, and I'm *on* debian-legal, so...

-- 
Steve Langasek
postmodern programmer


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Description: PGP signature


Re: ImageJ 2 :(

2003-01-30 Thread John Holroyd
On Thu, 2003-01-30 at 14:17, Paolo Ariano wrote:
 hi everybody
 
 this is the second time:
 i'd like to pack a new software (ImageJ) that has no license but the
 author define it:
 /*
  * ImageJ is open-source. You are free to do anything you want
  * with this source as long as I get credit for my work and you
  * offer your changes to me so I can possibly add them to the
  * official version.
  *
  * @author Wayne Rasband ([EMAIL PROTECTED])
  */
 
 i wrote to the author calling for a license like bsd or gpl and the
 answer is :
 
  ImageJ is in the public domain. You should change the name and the 
  About Box (Help-About ImageJ) if you add a license.
 
 what do you think about ? i'm falling crazy

Sounds like it was open source and now the author has deposited the
program in the public domain, so no license as such applies to it now.

 
 thanks 
 paolo
 
 
 
 -- 
 Paolo Ariano  
 Neuroscience PhD Student  
 DBAU  INFM Turin (Italy) 
 
 Meglio un professore povero che un asino ricco -- Meo  
 
 
 _
 For your security, this mail has been scanned and protected by Inflex
-- 
John Holroyd [EMAIL PROTECTED]
Demos Technosis Ltd


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Re: mod_ldap for proftpd is now post-card licensed (proftpd 1.2.7+)...

2003-01-30 Thread Francesco P. Lovergine
On Thu, Jan 30, 2003 at 01:06:22PM +0100, Francesco P. Lovergine wrote:
 
 Any hints

 are welcome :) 

-- 
Francesco P. Lovergine



OSD DFSG - a conclusion

2003-01-30 Thread Russell Nelson
I don't want this discussion to drag on forever, going round and
round, covering the same ground, beating a dead horse, and overusing
cliches and stock phrases.  It sure looks like there's sufficient
interest in the idea of evolving the OSD  DFSG in a common
direction, and maybe even making them the same document.  For right
now, though, it seems that the DFSG isn't going to change at any
price.  Once Debian goes through the process of even figuring out HOW
to modify the social contract, then the subject is worth bringing up
again.

In the meantime, I'm going to send proposed licenses for the OSI
Certified mark to both debian-legal and license-discuss with a
mail-followup-to license-discuss.

And I'd appreciate it if there were more Debian folks on the
license-discuss list.  We *do* listen to the members of that list, so
join it if you want to have more influence over the licenses that
become approved for the OSI Certified mark.  Send any piece of email
to [EMAIL PROTECTED]

-- 
-russ nelson  http://russnelson.com | You get prosperity when
Crynwr sells support for free software  | PGPok | the government does less,
521 Pleasant Valley Rd. | +1 315 268 1925 voice | not when the government
Potsdam, NY 13676-3213  | +1 315 268 9201 FAX   | does something right.



Re: CLUEBAT: copyrights, infringement, violations, and legality

2003-01-30 Thread Bob Hilliard
 On Tue, Jan 28, 2003 at 11:16:24PM -0500, Branden Robinson wrote:

   Now, then, do
 you think Euclid held a copyright in the _Elements_?  Did the apostles
 of Jesus hold a copyright in the gospels?  If so, when did these
 copyrights expire, or have they?

 Neither the Ancient Greeks or Romans had copyright provisions in
their laws.  Anyone was free to copy a work and sell the copies.  In
both Athens and Rome there were thriving industries based on batteries
of slaves copying works for sale.  The authors seemed to appreciate
the exposure thus given to their ideas.  

 Euclid lived and worked in a Greek culture, under Greek laws.
The apostles lived and wrote in predominantly Greek cultures, under
Roman Laws.

Regards,

Bob
-- 
   _
  |_)  _  |_Robert D. Hilliard[EMAIL PROTECTED]
  |_) (_) |_)   1294 S.W. Seagull Way [EMAIL PROTECTED]
Palm City, FL 34990 USA   GPG Key ID: 390D6559 




Re: mod_ldap for proftpd is now post-card licensed (proftpd 1.2.7+)...

2003-01-30 Thread Simon Law
On Thu, Jan 30, 2003 at 03:13:02PM +0100, Francesco P. Lovergine wrote:
 On Thu, Jan 30, 2003 at 01:06:22PM +0100, Francesco P. Lovergine wrote:
  
  Any hints
 
  are welcome :) 

Send him a postcard with the appropriate GPL section
highlighted.

Simon



Re: ImageJ 2 :(

2003-01-30 Thread Mark Rafn
On Thu, 30 Jan 2003, Paolo Ariano wrote:

 i'd like to pack a new software (ImageJ) that has no license but the
 author define it:
 /*
  * ImageJ is open-source. You are free to do anything you want
  * with this source as long as I get credit for my work and you
  * offer your changes to me so I can possibly add them to the
  * official version.
  *
  * @author Wayne Rasband ([EMAIL PROTECTED])
  */
 
 i wrote to the author calling for a license like bsd or gpl and the
 answer is :
 
  ImageJ is in the public domain. You should change the name and the 
  About Box (Help-About ImageJ) if you add a license.

I'd modify the file that contains the above comment to include the fact 
that the author has since declared it public domain.  Include the e-mail, 
if possible, with the package.  

PD is clearly free :)
--
Mark Rafn[EMAIL PROTECTED]http://www.dagon.net/  



Re: mod_ldap for proftpd is now post-card licensed (proftpd 1.2.7+)...

2003-01-30 Thread Mark Rafn
On Thu, 30 Jan 2003, Francesco P. Lovergine wrote:

 Is this a condition to move proftpd-ldap in non-free?
 I think the additional condition of postcard requesting is a GPL
 violation. 

Bleh.  It's not clear that this use condition has any meaning - the GPL 
allows distribution and nothing requires a user to accept a contract that 
would limit use based on postcard-sending.  

Still, we tend to take the author at his word, and this demand is very 
non-free.
--
Mark Rafn[EMAIL PROTECTED]http://www.dagon.net/  



Re: [Discussioni] OSD DFSG convergence

2003-01-30 Thread Sam Hartman
 Henning == Henning Makholm [EMAIL PROTECTED] writes:

Henning Scripsit Russell Nelson [EMAIL PROTECTED]
 This seems to be a sticking point with a lot of people.
 Essentially, everyone seems to be defending their right to
 arbitrarily exclude software from Debian.  But that is a right
 you don't have.

Henning We sure do have. Debian is a volunteer organzation that
Henning basically do thing for our own sake (namely, for having
Henning part of the good karma it earns to produce a good free
Henning OS).

Henning If we, as a project, decide to pull out, say, GNU Emacs,
Henning from Debian because one of its C source files has an MD5
Henning sum that happens to be JESUS LIVES! in EBCDIC spelled
Henning backwards and we don't want to force evangelization on
Henning non-Cristian users, exactly zero people outside the
Henning project will have any way to hold us accountable for that
Henning decision.

Our priorities are our users and free software.  If you as a Debian
developer make a decision that is inconsistent with those priorities
then I would certainly feel empowered to try and hold youaccountable
for that decision.




Re: What new name means?

2003-01-30 Thread Michael Stutz

Juhapekka Tolvanen [EMAIL PROTECTED] wrote:

 It seems, that some licences require, that modified versions of original
 work must have new name. For example Design Science Licence is like
 that:
 
 http://www.dsl.org/copyleft/dsl.txt

 [...]

 But what constitutes new name?

The point is that the original work and the derivative should not be
intentionally confusable. If Acme publishes Acme Foobar version 20.3
and Debian packagers need to modify it -- providing necessary security
enhancements to it, say -- their packaged work is no longer of Foobar
version 20.3 as it was published by Acme.

That isn't to say that Debian packagers can't change a work where
editing is necessary -- in fact I think they ought to work with
developers in this regard. And I'm under the impression that they do
-- doesn' this happen all the time? It would seem that any developer
would be happy with this kind of assistance from Debian ... but if the
developers do not want to implement those changes, they don't want
long-style options or don't believe in a particular security fix or
whatever, then the work as modified by Debian is a derivative work, a
different edition, and ought to be indicated so.


 If I release some poem called Ode to Buffer Overflow under DSL, and
 some guy called Joe Random Poet creates modified version of it, which
 of these names would be acceptable for that modified version?:
 
 - Ode to Buffer Overflow (Joe Random Poet Remix)
 - Ode to Buffer Overflow (version 1.0-Random-1.0)
 - Ode to Buffer Overflow revisited by Random

Any of these would probably be acceptable. As long as the new title is
clear and not deceptive, you're okay. Taking a Foobar 1.0 release
and enhancing it, then releasing as Foobar 2.0 might be deceptive in
certain cases, and you may be violating the rights of the copyright
holder. Copyleft never gives one the permission to claim the present
or future work of others as one's own, or to suggest a collaboration
where none exists. If you are clear about your role as editor or as
author sampling freely from some other work, then you should be okay.


 What If somebody creates Debian package of my poem?

I have not followed Debian development in some time but I do know that
books and other non-software works have been packaged and are now part
of the complete distribution. Surely there are more non-software
packages than ever -- icons, audio samples, maps, fonts, manuals etc.
-- but these all have a direct relation to some particular software.

But even if out of Debian's scope it seems reasonable to expect things
like recorded music, film or literature to be be packaged and
available for use with a free OS. What about Wikipedia, that free
encyclopedia? It seems reasonable to expect one day that an
encyclopedia might be distributed with a free OS.


 Also irc-nick or login of Debian developer could be used instead of
 debian. But what if two consecutive maintainers of Debian-package
 does modifications?

This actually happens all the time with the written word, particularly
with translations and new scholarly editions of a work. The current
editor is given title-page credit and as part of the work's prefatory
matter (or in the case of etext some README file) is some kind of note
or word on the manuscript, revision history and editorial process.
Software as one type of writing has its own conventions.


 P.S: I don't subscribe to debian-legal -list, so please Cc: to me. But
 there is that Mail-Followup-To: -header.

I don't subscribe to debian-legal either, but kept it in the header.
You might be interested in checking out linart.net whose mailing list
is a place for discussion on these matters.



Re: Bug#176267: ITP: mplayer -- Mplayer is a full-featured audioand video player for UN*X like systems

2003-01-30 Thread Henning Makholm
Scripsit Nick Phillips [EMAIL PROTECTED]

 /me suggests that, in order to avoid inadvertantly becoming aware of a
 possible patent problem, we get spamassassin tuned up to class any list
 mail containing the word patent as spam and reject it...
 
 Am I joking? I'm not sure.

I think you are. Such a policy would mean that many actual license
texts could not be quoted on the list. It would be hard to explain
why APSL's you-lose-if-you-sue-us-over-any-patent clause is nonfree
if we can't even say the p-word during the argument.

-- 
Henning MakholmKurt er den eneste jeg kender der er
   *dum* nok til at gå i *ring* på et jernbanespor.



Re: ImageJ 2 :(

2003-01-30 Thread Henning Makholm
Scripsit Paolo Ariano [EMAIL PROTECTED]

 /*
  * ImageJ is open-source. You are free to do anything you want
  * with this source as long as I get credit for my work and you
  * offer your changes to me so I can possibly add them to the
  * official version.
  *
  * @author Wayne Rasband ([EMAIL PROTECTED])
  */

 i wrote to the author calling for a license like bsd or gpl and the
 answer is :

  ImageJ is in the public domain. You should change the name and the 
  About Box (Help-About ImageJ) if you add a license.

It seems the author is seriously confused about which terms he
offers. Unless you have hard evidence that the second answer is *not*
just an attempt to clarify the first license statement, I'd say we
cannot rely on it bein actually public-domain.

The first license you qouted is not DFSG-free, as it requires
notifying the original author of modified versions.

-- 
Henning MakholmManden med det store pindsvin er
  kommet vel ombord i den grønne dobbeltdækker.



Re: mod_ldap for proftpd is now post-card licensed (proftpd 1.2.7+)...

2003-01-30 Thread Henning Makholm
Scripsit Simon Law [EMAIL PROTECTED]

   Send him a postcard with the appropriate GPL section
 highlighted.

Um, but what is the appropriate GPL section? It is clear to us that
what the author is trying to do is not compatible with claiming it is
GPL'ed - but the reason *why* it's incompatible is that the GPL
contains no postcard requirement. How do you hightlight a section that
is no there?

-- 
Henning Makholm  Eat the bunnies. Stomp the
hamsters. And boil three mice for gold!



Re: [Discussioni] OSD DFSG convergence

2003-01-30 Thread Sam Hartman
 John == John Goerzen [EMAIL PROTECTED] writes:

John On Tue, Jan 28, 2003 at 11:02:23AM -0500, Russell Nelson
John wrote:
  But what you actually seem to say is: We have these two
 documents that  except for a few places are identical; please
 make a lot of changes to  yours so that we can have them
 converge.  That doesn't make much  sense to me,
 
 Would you rather have the current state of affairs, where one
 group of free software developers says the RPSL is a free
 software license, and another says it's not a free software
 license?  I can't imagine anybody would think that's a good
 thing.

John And yet every proposal you put forth is Debian must become
John more like OSI and the DFSG must become more like OSD.  I
John for one am glad that RPSL-licensed software is not in
John Debian, and would resist measures that would lead to a
John weakening of our Free Software standards.

No, he actually seems to be asking for us to clarify the DFSG.  He'd
probably be happier if we clarified the DFSG to explain what we mean
even if it ended up disagreeing with the OSI on all future licenses
than if it was unclear.

OK, perhaps not going that far, but other than the costs of doing so,
being more clear in and of itself seems like a good idea.



Re: OSD DFSG convergence

2003-01-30 Thread Henning Makholm
Scripsit Steve Langasek [EMAIL PROTECTED]

Re: GPL 2(c)

 This clause of the GPL is still something of a wart.  Perhaps a future
 revision of the DFSG would clarify that GPL software is only free if it
 *doesn't* take advantage of this clause.

I agree that it is a wart, but your solution wouldn't quite work.
If the program as distributed in the first place is not interactive,
GPL 2(c) would apply automatically to anyone who modified it to be
interactive.

-- 
Henning Makholm   The great secret, known to internists and
 learned early in marriage by internists' wives, but
   still hidden from the general public, is that most things get
 better by themselves. Most things, in fact, are better by morning.



Re: What new name means?

2003-01-30 Thread Henning Makholm
Scripsit Juhapekka Tolvanen [EMAIL PROTECTED]

 BTW can you give some examples of licences, that explicitly say, that
 whole fscking name must be changed, not just version number? Does such
 beasts really exist?

Many components of teTeX come under such licenses. There was a major
flamewar on -legal about six months back about whether they should be
considered free or not. No conclusion was reached. See the archives
for July and August 2002.

-- 
Henning Makholm   ... popping pussies into pies
  Wouldn't do in my shop
just the thought of it's enough to make you sick
   and I'm telling you them pussy cats is quick ...



OSD DFSG - a conclusion

2003-01-30 Thread Philip Hands
Russell Nelson [EMAIL PROTECTED] writes:

 I don't want this discussion to drag on forever, going round and
 round, covering the same ground, beating a dead horse, and overusing
 cliches and stock phrases.  It sure looks like there's sufficient
 interest in the idea of evolving the OSD  DFSG in a common
 direction, and maybe even making them the same document.

Really?

I just read the whole thread, and the only person that seemed to be
advancing that idea was you.

Perhaps this is the reason you have such difficulty understanding the
idea of decision by consensus.

If any consensus was to be extracted from the thread, I would say that
it was that most people could not see the point in convergence,
because Debian would always reserve the right to interpret the
document as guidelines, and anyway has no commitment to package
everything that qualifies, whereas OSI would always want to apply it
as a US constitution style final word.

 For right now, though, it seems that the DFSG isn't going to change
 at any price.  Once Debian goes through the process of even figuring
 out HOW to modify the social contract, then the subject is worth
 bringing up again.

Hmm, I doubt it, since the fundamental differences of interpretation 
motivation are what's important here.

I don't expect that any wording change would ever result in APSL
covered software being admitted.  Would the OSI contemplate either a
wording change, or decision reversal to compromise in the opposite
direction?  I somehow doubt it.

 In the meantime, I'm going to send proposed licenses for the OSI
 Certified mark to both debian-legal and license-discuss with a
 mail-followup-to license-discuss.

That seems fair enough.

 And I'd appreciate it if there were more Debian folks on the
 license-discuss list.  We *do* listen to the members of that list,
 so join it if you want to have more influence over the licenses that
 become approved for the OSI Certified mark.  Send any piece of email
 to [EMAIL PROTECTED]

BTW Is there any possibility of reversing a decision on an already
approved license via this list?

Cheers, Phil.



Re: mod_ldap for proftpd is now post-card licensed (proftpd 1.2.7+)...

2003-01-30 Thread Simon Law
On Thu, Jan 30, 2003 at 07:51:27PM +0100, Henning Makholm wrote:
 Scripsit Simon Law [EMAIL PROTECTED]
 
  Send him a postcard with the appropriate GPL section
  highlighted.
 
 Um, but what is the appropriate GPL section? It is clear to us that
 what the author is trying to do is not compatible with claiming it is
 GPL'ed - but the reason *why* it's incompatible is that the GPL
 contains no postcard requirement. How do you hightlight a section that
 is no there?

Two sections actually:

The zeroth section states why his condition:

As of mod_ldap 2.8.10, you _must_ send me a postcard at the following
address if you use mod_ldap. If you do not send a postcard, you are in
violation of mod_ldap's licensing.

cannot hold under U.S. copyright law.

Activities other than copying, distribution and modification are not
covered by this License; they are outside its scope.  The act of
running the Program is not restricted, and the output from the Program
is covered only if its contents constitute a work based on the
Program (independent of having been made by running the Program).
Whether that is true depends on what the Program does.

The sixth section tells us why no-one but the author is allowed
to distribute the Program.

  6. Each time you redistribute the Program (or any work based on the
Program), the recipient automatically receives a license from the
original licensor to copy, distribute or modify the Program subject to
these terms and conditions.  You may not impose any further
restrictions on the recipients' exercise of the rights granted herein.
You are not responsible for enforcing compliance by third parties to
this License.

Simon



Re: mod_ldap for proftpd is now post-card licensed (proftpd 1.2.7+)...

2003-01-30 Thread Glenn Maynard
On Thu, Jan 30, 2003 at 07:51:27PM +0100, Henning Makholm wrote:
  Send him a postcard with the appropriate GPL section
  highlighted.
 
 Um, but what is the appropriate GPL section? It is clear to us that
 what the author is trying to do is not compatible with claiming it is
 GPL'ed - but the reason *why* it's incompatible is that the GPL
 contains no postcard requirement. How do you hightlight a section that
 is no there?

  6. Each time you redistribute the Program (or any work based on the
Program), the recipient automatically receives a license from the
original licensor to copy, distribute or modify the Program subject to
these terms and conditions.  You may not impose any further
 ^^
restrictions on the recipients' exercise of the rights granted herein.
^^
You are not responsible for enforcing compliance by third parties to
this License.

-- 
Glenn Maynard



Re: mod_ldap for proftpd is now post-card licensed (proftpd 1.2.7+)...

2003-01-30 Thread Henning Makholm
Scripsit Glenn Maynard [EMAIL PROTECTED]
 On Thu, Jan 30, 2003 at 07:51:27PM +0100, Henning Makholm wrote:

 Send him a postcard with the appropriate GPL section
   highlighted.

  Um, but what is the appropriate GPL section?

 these terms and conditions.  You may not impose any further
  ^^
 restrictions on the recipients' exercise of the rights granted herein.
 ^^

Yes, but that doesn't bind the author (assuming that he has the sole
copyrigt on the program).

-- 
Henning Makholm*Dansk Folkeparti*, nazistisk orienteret dansk parti
1941-1945, grundlagt af Svend E. Johansen og Th.M. Andersen



Re: mod_ldap for proftpd is now post-card licensed (proftpd 1.2.7+)...

2003-01-30 Thread Glenn Maynard
On Thu, Jan 30, 2003 at 09:14:26PM +0100, Henning Makholm wrote:
  these terms and conditions.  You may not impose any further
   ^^
  restrictions on the recipients' exercise of the rights granted herein.
  ^^
 
 Yes, but that doesn't bind the author (assuming that he has the sole
 copyrigt on the program).

It does in a sense--it prevents people from using the GPL and adding
additional restraints; at least according to this interpretation:

http://lists.debian.org/debian-legal/2002/debian-legal-200205/msg00062.html

Review the text of the GNU GPL and note the many times it makes
reference to this License.  The GNU GPL is a self-contained license
document.  A copyright holder is well within his rights to distribute a
work under the terms of the GNU GPL and an arbitrary number of
alternative terms, but those alternative terms cannot restrict the
licensing of the work under the GPL, or the application of the GPL is
void. (Branden)

which I've referenced on this list several times and never seen challenged.
(Direct challenges to him, though, as although I favor this interpretation,
I'm not equipped to defend it.)

-- 
Glenn Maynard



Re: ImageJ 2 :(

2003-01-30 Thread David Turner
The ImageJ website is at NIH, as is the author's email address.  So,
it's probably a US Government work, and therefore public domain.

On Thu, 2003-01-30 at 09:17, Paolo Ariano wrote:
 hi everybody
 
 this is the second time:
 i'd like to pack a new software (ImageJ) that has no license but the
 author define it:
 /*
  * ImageJ is open-source. You are free to do anything you want
  * with this source as long as I get credit for my work and you
  * offer your changes to me so I can possibly add them to the
  * official version.
  *
  * @author Wayne Rasband ([EMAIL PROTECTED])
  */
 
 i wrote to the author calling for a license like bsd or gpl and the
 answer is :
 
  ImageJ is in the public domain. You should change the name and the 
  About Box (Help-About ImageJ) if you add a license.
 
 what do you think about ? i'm falling crazy
 
 thanks 
 paolo
 
 
 
 -- 
 Paolo Ariano  
 Neuroscience PhD Student  
 DBAU  INFM Turin (Italy) 
 
 Meglio un professore povero che un asino ricco -- Meo  
 
 
 _
 For your security, this mail has been scanned and protected by Inflex
 
 
 -- 
 To UNSUBSCRIBE, email to [EMAIL PROTECTED]
 with a subject of unsubscribe. Trouble? Contact [EMAIL PROTECTED]
-- 
-Dave Turner Stalk Me: 617 441 0668

On matters of style, swim with the current, on matters 
of principle, stand like a rock. -Thomas Jefferson



Re: [Discussioni] OSD DFSG convergence

2003-01-30 Thread David Turner
On Wed, 2003-01-29 at 11:59, Steve Greenland wrote:
 On 29-Jan-03, 00:47 (CST), Russell Nelson [EMAIL PROTECTED] wrote: 
  John Goerzen writes:
  Besides which, you are but one person.  You do not get to say what the
  consensus is on the RPSL.  Given that I, one member of debian-legal,
  say one thing, and you, one member of debian-legal, say another thing,
  it seems that 1) we don't have a consensus, 
 
 I don't think that word means what you think it means. Consensus is
 not universal agreement. A single dissenter does not break consensus.

Actually, IIRC, Russell Nelson is a Quaker -- a member of the Religious
Society of Friends.  In Quaker circles, consensus means unanimous
agreement -- a single dissent does block consensus.  Thus, it's
considered very important to only block concensus when your conscience
demands it -- not frivilously.  At least, this is what I learned at a
Quaker school in Philadelphia -- but IANAQ.

I think this definition is actually useful.  But whether it should be
adopted depends on whether members of the list understand how to live in
a consensus-based society -- when to block concensus, and when not to.



-- 
-Dave Turner Stalk Me: 617 441 0668

On matters of style, swim with the current, on matters 
of principle, stand like a rock. -Thomas Jefferson



Re: mod_ldap for proftpd is now post-card licensed (proftpd 1.2.7+)...

2003-01-30 Thread Nick Phillips
On Thu, Jan 30, 2003 at 03:22:18PM -0500, Glenn Maynard wrote:

  Yes, but that doesn't bind the author (assuming that he has the sole
  copyrigt on the program).
 
 It does in a sense--it prevents people from using the GPL and adding
 additional restraints; at least according to this interpretation:
 
 http://lists.debian.org/debian-legal/2002/debian-legal-200205/msg00062.html
 
 Review the text of the GNU GPL and note the many times it makes
 reference to this License.  The GNU GPL is a self-contained license
 document.  A copyright holder is well within his rights to distribute a
 work under the terms of the GNU GPL and an arbitrary number of
 alternative terms, but those alternative terms cannot restrict the
 licensing of the work under the GPL, or the application of the GPL is
 void. (Branden)
 
 which I've referenced on this list several times and never seen challenged.
 (Direct challenges to him, though, as although I favor this interpretation,
 I'm not equipped to defend it.)

OK, for the record, reluctantly I will.

Branden, I think you're off-the-mark here. There is nothing to stop an
author making a statement that You may copy distribute and modify this
work under the terms of the GPL in combination with the following extra
conditions, which shall override the GPL in cases of conflict.

There is nothing invalid about this, as far as I can see.

This is clearly what is intended in most of the cases we have seen of people
saying GPL but

Where's the problem? It's not what the GPL was intended for, and it's not
what you'd like to see it used for (hell, most of the time it's not what I'd
like to see it used for, either), but I don't believe we do ourselves any
favours by pretending that it doesn't make any sense, that it's invalid, or
that we can't make out what the author intended.

When we come up against one of these cases we should say Is this what you
intended? Thought so... we don't like this because X. Would you be willing
to change it? Even if not, we think you'd do well to clarify what you mean as
follows... rather than mumbling on about the author being some kind
of fuckwit who clearly doesn't grok the GPL, copyright law, our principles
or whatever.

What precisely would be the problem with that?



Cheers,


Nick
-- 
Nick Phillips -- [EMAIL PROTECTED]
Today is the last day of your life so far.



Re: mod_ldap for proftpd is now post-card licensed (proftpd 1.2.7+)...

2003-01-30 Thread Glenn Maynard
It's strange to me that, in this interests of finding out how many people
are using his module, he'd add a restriction that would immediately cause
a great number of people to stop using it.

On Thu, Jan 30, 2003 at 03:13:02PM +0100, Francesco P. Lovergine wrote:
  Any hints
 
  are welcome :) 

On a different note, ProFTPD is GPL; is there anything that relieves the
LDAP module/code of the requirement of being GPL-compatible?

-- 
Glenn Maynard



Re: mod_ldap for proftpd is now post-card licensed (proftpd 1.2.7+)...

2003-01-30 Thread Don Armstrong
On Fri, 31 Jan 2003, Nick Phillips wrote:
 There is nothing to stop an author making a statement that You may
 copy distribute and modify this work under the terms of the GPL in
 combination with the following extra conditions, which shall override
 the GPL in cases of conflict.

The author can (probably) do that, but what the eventual license
actually allows or disallows is kind of murkey. Mixing and matching
licenses is a bad idea, as the interpretation of such a license is
(basically) left to the court system.

 Where's the problem? 

The main issue that I see is that the GPL is written in such a way
that it does not allow it to be combined with other restrictions and
still have the GPL take effect.

In section 0 of the GPL:

  This License applies to any program or other work which contains a
  notice placed by the copyright holder saying it may be distributed
  under the terms of this General Public License.

Thus, someone could argue that the in the case of the use of the GPL
but blah, the GPL itself did not apply.
  
 When we come up against one of these cases we should say Is this
 what you intended?

I agree. As much as possible, we should respect the author's wishes,
and courteously point out the problems that make such wishes
incompatible with the DFSG or the licensing problems that make the
terms of the license unclear.

Ideally, the author will find a license that incorporates his wishes
as much as possible, and remains compatible with the DFSG.


Don Armstrong

-- 
N: It's a ploy.
B: What?
N: This drug money funds terror, it's a ploy.
B: Ploy?
N: A manipulation. I mean why should I believe that?
B: Because it's a fact.
N: Fact?
B: F, A, C, T... fact
N: So you're saying that I should believe it because it's true. 
   That's your argument?
B: It IS true.
-- Ploy http://www.mediacampaign.org/multimedia/Ploy.MPG

http://www.donarmstrong.com
http://www.anylevel.com
http://rzlab.ucr.edu


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Re: Bug#176267: ITP: mplayer -- Mplayer is a full-featured audioand video player for UN*X like systems

2003-01-30 Thread David Turner
On Wed, 2003-01-29 at 12:39, Richard Braakman wrote:
 On Wed, Jan 29, 2003 at 03:43:24AM -0500, Don Armstrong wrote:

[GPL (2)(a) stuff snipped]

 I think you use the wrong example here.  That part of the GPL is
 widely ignored in favour of per-project changelogs.  (This is why I no
 longer use the GPL on my own code, btw.)  As an indicator of licensing
 irregularities it's pretty much useless.

Per-project changelogs have always been considered to be compliant with
(2)(a) -- nothink says the markings must be in the files themselves.  

-- 
-Dave Turner Stalk Me: 617 441 0668

On matters of style, swim with the current, on matters 
of principle, stand like a rock. -Thomas Jefferson



Re: Bug#176267: ITP: mplayer -- Mplayer is a full-featured audioand video player for UN*X like systems

2003-01-30 Thread Richard Braakman
On Thu, Jan 30, 2003 at 07:35:49PM -0500, David Turner wrote:
 Per-project changelogs have always been considered to be compliant with
 (2)(a) -- nothink says the markings must be in the files themselves.  

That's news to me.  I even asked RMS about it and he said he'd have
to think about it.  This was a few years ago and I never heard back,
so I figured he was still thinking.  (This was in the context of
suggestions for GPLv3.)

So you think that an entry in a separate changelog counts as to carry
prominent notices?  What do you base that on?  Carrying is generally
done by the carrier, and I note that GPL 2a specifically refers to
the modified files, where everywhere else it speaks of modified
work or modified program.

Richard Braakman



Per-project changelogs

2003-01-30 Thread Don Armstrong
On Thu, 30 Jan 2003, David Turner wrote:
 Per-project changelogs have always been considered to be compliant
 with (2)(a) -- nothink says the markings must be in the files
 themselves.  

Quoting 2a directly:

  You must cause the modified files to carry prominent notices stating
  that you changed the files and the date of any change.

I don't think that can be made much clearer.

Should it stop a project's inclusion in debian? Probably not, because
the project can quickly and painlessly modify the files to be in
compliance with this term of the GPL.


Don Armstrong

-- 
Guns Don't Kill People.
*I* Kill People.

http://www.donarmstrong.com
http://www.anylevel.com
http://rzlab.ucr.edu


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Re: Bug#176267: ITP: mplayer -- Mplayer is a full-featured audioand video player for UN*X like systems

2003-01-30 Thread David Turner
On Thu, 2003-01-30 at 20:21, Richard Braakman wrote:
 On Thu, Jan 30, 2003 at 07:35:49PM -0500, David Turner wrote:
  Per-project changelogs have always been considered to be compliant with
  (2)(a) -- nothink says the markings must be in the files themselves.  
 
 That's news to me.  I even asked RMS about it and he said he'd have
 to think about it.  This was a few years ago and I never heard back,
 so I figured he was still thinking.  (This was in the context of
 suggestions for GPLv3.)

I just suggested an alternate wording for GPLv3 to him, Brad, and Eben
because of your last message.  I hope my patch will be accepted.  

But Changelogs are what most GNU programs do, anyway.

 So you think that an entry in a separate changelog counts as to carry
 prominent notices?  What do you base that on?  Carrying is generally
 done by the carrier, and I note that GPL 2a specifically refers to
 the modified files, where everywhere else it speaks of modified
 work or modified program.

It's fuzzy enough that I think Changelogs match what's required, but
also fuzzy enough that I want to clarify it.

-- 
-Dave Turner Stalk Me: 617 441 0668

On matters of style, swim with the current, on matters 
of principle, stand like a rock. -Thomas Jefferson



Re: Bug#176267: ITP: mplayer -- Mplayer is a full-featured audioand video player for UN*X like systems

2003-01-30 Thread Don Armstrong
On Thu, 30 Jan 2003, David Turner wrote:
 But Changelogs are what most GNU programs do, anyway.

Yeah, but most[1] GNU programs don't use code from other GNU projects for
which FSF doesn't own the copyright. So for them, the GPL doesn't
apply. [And this clause doesn't really apply to in-project
modification by the same author, although it might apply to in-project
modification by different authors.]

 It's fuzzy enough that I think Changelogs match what's required, but
 also fuzzy enough that I want to clarify it.

I'd agree that sufficiently detailed Changelogs fulfill the spirit of
the requirement, but I'm pretty sure that they don't fulfill the leter
of the requirement.


Don Armstrong

1: I'm actually not aware of a single example of an FSF copyrighted
GNU program that contains code for which the copyright hasn't been
signed over to FSF.
-- 
She was alot like starbucks.
IE, generic and expensive.
 -- hugh macleod http://www.gapingvoid.com/batch3.htm

http://www.donarmstrong.com
http://www.anylevel.com
http://rzlab.ucr.edu


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Re: What new name means?

2003-01-30 Thread Terry Hancock
On Thursday 30 January 2003 03:41 am, Juhapekka Tolvanen wrote:
 It seems, that some licences require, that modified versions of original
 work must have new name. For example Design Science Licence is like
 that
 But what constitutes new name?
 If I release some poem called Ode to Buffer Overflow under DSL, and
 some guy called Joe Random Poet creates modified version of it, which
 of these names would be acceptable for that modified version?:
 - Ode to Buffer Overflow (Joe Random Poet Remix)
 - Ode to Buffer Overflow (version 1.0-Random-1.0)
 - Ode to Buffer Overflow revisited by Random

The important point is to correctly identify a modified version as a distinct 
work.  If you want changes to be folded into the original work, you should 
submit them to the author or get their permission.  Otherwise, you need to
release under a name which is sufficiently different so as to not confuse
potential readers/viewers/users that it is the original author's work.

The social engineering of this, is that DSL-type licenses want to have 
fewer, more complete releases. That's not good for every sort of work, of 
course, but it makes sense for novels or movies, for example.  If I'm reading
a novel, I want to know *who wrote it* and *what the author's voice is*. 
I don't want to accidentally read some fixed version, unless I know for
certain that's what it is.

Think about the sanitized versions of *Mother Goose* that became popular a 
few years back.  Sure, cutting off the mice's tails (three blind mice) was 
gruesome, but if you're going to change it to protect sensitive little 
imaginations, you should call it New Mother Goose or something, and not 
bill it as the original.[1]

This is a defense of the author's moral rights in places where there is no
legally defined moral right in a work (which includes the USA, for example -- 
in fact it is only in the EU that I have heard of moral rights being 
defined).

The DSL doesn't prevent perversions of the original work, but it can 
insist that they are not labeled the same as the original, which could damage 
the original author's reputation.

This is (IMHO) only sensible for creative content works which might carry 
some significant political or emotional impact.  (I can think of edge cases 
for software, but in the main, programs are very objective, and there's 
little reason to demand such protection).  I think if we could think of a
legal way to define it, we'd specify that such name changes were only
important for content changes and not structure or formatting changes.  
(e.g. changing a fullscreen movie to letterbox format shouldn't force the 
change).  Unfortunately, that's way too fuzzy to put into a license, since
opinions of what is and is not content are very subjective.

Anyway, the reason I'm rehashing the reasoning is that it ought to be 
reasonably clear from this purpose what needs to happen with a name change.  
I think putting a subtitle in parentheses or adding a prefix is fine:

Ode to Buffer Overflow (revisited)
New Ode to Buffer Overflow
Ode to Buffer Overflow ('03 remix)
Joe Random's Ode to Buffer Overflow

But merely appending a version number:

Ode to Buffer Overflow (1.2)

is not really okay, because mere numbering does not show you that it's a 
fork. Instead, it implies that it is in the main branch.

If you think about it, people do this for GPL stuff too, it's just not 
*required*.  Xemacs and emacs forked a long time ago, and we need 
separate names to distinguish them.  Likewise ghostview and gv.

Note that we're not talking about ever single version changing -- all 
versions approved by a given author may have the same name.

You could probably get this kind of protection by trademarking the name, too, 
of course.

Caveat -- I didn't write this license (Michael Stutz did), but I did use it 
for a project of mine. I chose the GPL for a game engine and DSL for the game 
content to play on it.  (Unfortunately that project's currently dead).  
Artists are very dependent on (and sensitive to) reputation issues. No one 
wants their work misrepresented. Nor do they want inferior hack jobs passed 
off as their work.  This is Joe Random's 'Mona Lisa with moustache', not Da 
Vinci's original 'Mona Lisa'. ;-D  The DSL is a compromise between GPL-like 
complete freedom to modify and the possessive don't fool with my work 
positions.  Having some control over this is a good motivator for creative 
types, who might well feel violated by changes that would be perfectly okay 
under the GPL (and which probably wouldn't bother programmers).

Cheers,
Terry


[1]Some pedant may well note that Mother Goose is public domain, so is not 
protected by any such requirement. I am of course speaking in the 
subjunctive: if it *were* under the DSL this particular abuse would not be 
allowed.

--
Terry Hancock ( hancock at anansispaceworks.com )
Anansi Spaceworks  http://www.anansispaceworks.com

Some things are too important to be taken seriously