Bug#182402: ttf-freefont is violating the GNU GPL

2003-02-25 Thread Simon Law
Package: ttf-freefont
Version: 20021016-2
Severity: serious

The package ttf-freefont is licensed under the GNU General Public
License, as listed in the appended debian/copyright file.  I can confirm
this from http://savannah.nongnu.org/download/freefont/COPYING .

Since ttf-freefont _does_ _not_ include the complete
corresponding machine-readable source code, nor does it have a
written offer, nor does it pass on information received; this package
and Debian is in violation of Section 3 of freefont's license.

I recommend that you immediately upload a package containing the
source SFD files to satisfy our licensing obligations.  You should use
both http://savannah.nongnu.org/download/freefont/freefont-ttf.tar.gz
and http://savannah.nongnu.org/download/freefont/freefont-sfd.tar.gz to
construct the package.

--- BEGIN debian/copyright ---
This package was debianized by Peter Hawkins [EMAIL PROTECTED] on
Fri, 27 Sep 2002 12:42:49 +1000.

It was downloaded from http://www.nongnu.org/freefont/

Upstream Author: Primoz Peterlin

Copyright:
This package is free software; you can redistribute it and/or modify
it under the terms of the GNU General Public License as published by
the Free Software Foundation; either version 2, or (at your option)
any later version.

You should have received a copy of the GNU General Public License with
your Debian GNU/Linux system, in /usr/share/common-licenses/GPL, or with
the Debian GNU/Linux ttf-freefont source package as the file COPYING.  If not,
write to the Free Software Foundation, Inc., 59 Temple Place - Suite
330, Boston, MA 02111-1307, USA.
 END debian/copyright 

As well, the debian/copyright notice does not actually specify
the correct copyright statement.  I suggest revising it thus:

--- BEGIN suggested debian/copyright ---
This package was debianized by Peter Hawkins [EMAIL PROTECTED] on
Fri, 27 Sep 2002 12:42:49 +1000.

It was downloaded from http://savannah.nongnu.org/download/freefont/

Upstream Maintainer: Primoz Peterlin [EMAIL PROTECTED]

Copyright:

freefont is a collection of free Universal Character Set outline fonts.
Copyright (C) 2002  Free Software Foundation

This program is free software; you can redistribute it and/or modify
it under the terms of the GNU General Public License as published by
the Free Software Foundation; either version 2 of the License, or
(at your option) any later version.

This program is distributed in the hope that it will be useful,
but WITHOUT ANY WARRANTY; without even the implied warranty of
MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE.  See the
GNU General Public License for more details.

You should have received a copy of the GNU General Public License
along with this program; if not, write to the Free Software
Foundation, Inc., 675 Mass Ave, Cambridge, MA 02139, USA.

On Debian GNU/Linux systems, the complete text of the GNU General
Public License can be found in `/usr/share/common-licenses/GPL'.
 END suggested debian/copyright 



Re: GNOME Font Copyright

2003-02-25 Thread J.B. Nicholson-Owens
Don Armstrong wrote:
 As far as I can tell, the vera fonts are not available from gnome's
 ftp site yet. [Feel free to provide linkage to demonstrate otherwise.]

See http://www.gnome.org/fonts/ for the link to the following file.

$ wget --spider --server-response 
http://ftp.gnome.org/pub/GNOME/sources/bitstream-vera/1.0/bitstream-vera-1.0.tar.gz
--04:23:25-- 
http://ftp.gnome.org/pub/GNOME/sources/bitstream-vera/1.0/bitstream-vera-1.0.tar.gz
   = bitstream-vera-1.0.tar.gz'
Resolving ftp.gnome.org... done.
Connecting to ftp.gnome.org[130.239.18.173]:80... connected.
HTTP request sent, awaiting response...
 1 HTTP/1.1 200 OK
 2 Date: Tue, 25 Feb 2003 09:55:53 GMT
 3 Server: Apache/2.0.44 (Unix)
 4 Last-Modified: Fri, 21 Feb 2003 20:11:40 GMT
 5 ETag: 4325f-40c84-dc74f700
 6 Accept-Ranges: bytes
 7 Content-Length: 265348
 8 Keep-Alive: timeout=15, max=100
 9 Connection: Keep-Alive
10 Content-Type: application/x-tar
11 Content-Encoding: x-gzip
200 OK

I asked:
 If so, where did you get this information?

Don Armstrong responded:
 The press release [...] is fairly clear that Bitstream is planning on
 releasing the fonts under a license that will fulfill DFSG #1:

I understand that to be true, but you have misinterpreted my question.  I
asked if my understanding of the exchange was correct--GNOME distributes
Bitstream's non-free Vera fonts and in exchange Bitstream eventually
supplies DFSG-free software.

I'm trying to learn precisely why GNOME chose to distribute non-free
software.  GNOME is an official part of GNU, according to the front page of
their website.  The GNU project is widely known for discouraging people from
getting involved with non-free software. Therefore GNOME's distribution of
non-free software is rather confusing.

 Could you please be a bit more specific as to why you see the draft
 license encumbering your freedom to do with the fonts as you wish?

I don't care all that much what the draft license says until some software
is released under it.  In another post to debian-legal I encouraged Debian
to basically ignore the draft license until some software is released under
it.

So let's fast-forward to the day when the Vera font family is distributed
under that license.  I think the can't-distribute-fonts-alone-for-a-fee
clause is counterproductive because

  1. that clause won't achieve the end Bitstream claims it was put in there
 to achieve[1].  That clause is so easy to evade it won't stop most
 competitors from putting these fonts into their font sale systems.

  2. that clause might be the only clause keeping Bitstream's license from
 being a Free Software license.  It would be a shame to throw away so
 much for no real gain.

On a personal level, that clause's uniqueness looks like a potential pain in
the ass to comply with because I find it handy to distribute individual
programs for a fee.  I'll have to either not distribute these fonts for a
fee or remember that there's a peculiarity in the license that prevents me
from treating these fonts like I treat every other program I distribute for
a fee.

 I'm not sure I follow your argument about the software (well, fonts in
 this case) being DFSG free but not being Free Software.

Free Software is the term I understand to refer to the GNU project's term.

DFSG-free is a different term I understand to refer to the Debian Free
Software Guidelines.

The Open Source Definition is different from both of them, a term I
understand to refer to what licenses stand a chance of being approved as an
Open Source license by OSI.

I try to distinguish among these terms because they define different things
and they serve different purposes.  The first and the last of them even go
with different movements.

As I understand things, Bitstream's fonts are intended to someday become
acceptable to the Open Source movement and Debian.  The
can't-distribute-fonts-alone-for-a-fee clause appears to have been written
such that it will still be agreeable to both OSI and Debian.  Whether that
clause keeps these fonts from being Free Software, I remain interested to
learn.


[1] http://www.gnome.org/fonts/ in the Final Copyright FAQ.



Re: GNOME Font Copyright

2003-02-25 Thread Henning Makholm
Scripsit [EMAIL PROTECTED] (J.B. Nicholson-Owens)

 In another post to debian-legal I encouraged Debian to basically
 ignore the draft license until some software is released under it.

On debian-legal, we're usually happy to work with software authors to
get the warts removed from their draft license *before* they carve it
in stone and release software under it. It happens all too seldom.

 I think the can't-distribute-fonts-alone-for-a-fee clause is
 counterproductive

I think everyone on this list agrees that it is stupid. It is,
however, stupid without being actually harmful, and it is (very
close to explicitly) permitted by the wording of DFSG #1.

[snip: poster supports the FSFs attempts to monopolize the word free
as applied to software]

 Whether that clause keeps these fonts from being Free Software, I
 remain interested to learn.

You'd better ask the FSF about that, then.

-- 
Henning Makholm ... and that Greek, Thucydides



Re: GNOME Font Copyright

2003-02-25 Thread Matt Brubeck
On Feb 25, J.B. Nicholson-Owens wrote:

 I asked if my understanding of the exchange was correct--GNOME
 distributes Bitstream's non-free Vera fonts and in exchange Bitstream
 eventually supplies DFSG-free software.

I believe this is incorrect -- I don't think that GNOME is compelled to
distribute nonfree beta versions in order to receive the final free
version -- but if you want a definitive answer you should contact Jim
Gettys of the GNOME Foundation [EMAIL PROTECTED], who worked with
Bitstream to make the Vera fonts free.

My understanding is that the software is ready for use, while the
legal steps to finalize the license are not.  Bitstream and GNOME have
decided to offer a preview of an upcoming free software product.

Many important Free Software projects have been temporarily non-free
for similar reasons; for example, the hpijs project was under a semi-
restricted license until legal reviews allowed the owner to make the
software completely free.  If the intermediate non-free stage helps the
owner's transition to free software, then I am in favor of it.

 I'm trying to learn precisely why GNOME chose to distribute non-free
 software.

Sometimes you make free software by writing code.  Other times you make
free software by getting involved with non-free software and guiding it
on the path toward being free.

I understand the position that all non-free software distribution harms
users, without exception.  RMS gives some well-reasoned arguments for
this view.  But I disagree with him, and apparently at least some
members of the GNOME Foundation do too.

 I think the can't-distribute-fonts-alone-for-a-fee clause is
 counterproductive [...]

I agree that it is counterproductive.  I also feel that certain
requirements of the Artistic License and the GNU GPL are counter-
productive, but I am willing to put up with some inconvenience
in order to honor the authors' wishes.

The important thing to me is that the software gives me the freedoms
that ensure I can use it productively.  Authors often protect their own
interests in ways that cause extra hassle for others distributing their
software.  As long as I still have the rights I require, I will still
use the software even if it means potential extra work for me.

The FSF makes a distinction between licenses that eliminate freedoms,
and licenses that annoy users who practice those freedoms.  About the
original BSD license, for example, they say: The flaw is not fatal;
that is, it does not render the software non-free. But it does cause
practical problems, including incompatibility with the GNU GPL.

Of course, even if we consider the draft license free, it is reasonable
to want to remove the practical problems.  Has anyone sent feedback to
Bitstream and the GNOME Foundation suggesting alternate terms that might
be acceptable for Bitstream?

I think the language in Section 5 of the Artistic License (do not
advertise this Package as a product of your own) might be a less
cumbersome way for Bitstream to protect their interests.



Re: GNOME Font Copyright

2003-02-25 Thread Don Armstrong
On Tue, 25 Feb 2003, J.B. Nicholson-Owens wrote:
 I asked if my understanding of the exchange was correct--GNOME
 distributes Bitstream's non-free Vera fonts and in exchange Bitstream
 eventually supplies DFSG-free software.

You're asking the wrong people then, since (as far as I know) none of
-legal were involved in the bargaining, we can't answer that question.
Howver, I personally would be very surprised if there was a quid pro
quo involved.

 that clause might be the only clause keeping Bitstream's license from
 being a Free Software license.

Could you expand on your reasoning why that clause would keep
Bitstream's license from being a Free Software license while it would
qualify under the DFSG?

 On a personal level, that clause's uniqueness looks like a potential
 pain in the ass to comply with because I find it handy to distribute
 individual programs for a fee. 

So just remember to distribute the fonts with Gnome. Anytime you're
selling stuff you should (probably) be retaining legal counsel to comb
through the licenses and accertain the legality of what you are doing.

 I'm not sure I follow your argument about the software (well, fonts
 in this case) being DFSG free but not being Free Software.
 
 Free Software is the term I understand to refer to the GNU
 project's term.
 
 DFSG-free is a different term I understand to refer to the Debian
 Free Software Guidelines.

That's precisely my question. Why does the inability to sell these
fonts alone make them not Free Software (while they remain DFSG free)?

As far as I can tell, the inability to sell them alone does not
restrict any of the 4 freedoms required for software to be free
software.[1]

  * The freedom to run the program, for any purpose (freedom 0).
  * The freedom to study how the program works, and adapt it to your
needs (freedom 1). Access to the source code is a precondition for
this.
  * The freedom to redistribute copies so you can help your neighbor
(freedom 2).
  * The freedom to improve the program, and release your improvements
to the public, so that the whole community benefits (freedom 3).
Access to the source code is a precondition for this.


Don Armstrong

1: http://www.gnu.org/philosophy/free-sw.html
-- 
I leave the show floor, but not before a pack of caffeinated Jolt gum
is thrust at me by a hyperactive girl screaming, Chew more! Do more!
The American will to consume more and produce more personified in a
stick of gum. I grab it. -- Chad Dickerson

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


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Re: Bug#182402: ttf-freefont is violating the GNU GPL

2003-02-25 Thread Peter Hawkins
Hi...

On Tue, Feb 25, 2003 at 01:17:00AM -0500, Simon Law wrote:
 Package: ttf-freefont
 Version: 20021016-2
 Severity: serious
 
 The package ttf-freefont is licensed under the GNU General Public
 License, as listed in the appended debian/copyright file.  I can confirm
 this from http://savannah.nongnu.org/download/freefont/COPYING .
 
   Since ttf-freefont _does_ _not_ include the complete
 corresponding machine-readable source code,

Yes it does. It includes complete machine readable source code of the
fonts in a particular format (ie. TTF). Since TTF files are effectively
like images (albeit in a very specialised format), you can modify and
improve them with the appropriate tools. True, there are other formats
you could provide the fonts in, but I would argue that TTF fulfils all
the requirements of source code based distribution.

In fact, if you pay close attention to the file dates in the upstream
archive, it appears freefont-ttf-20020306.tar.gz is the newest release
for the TTF files, and freefont-sfd.tar.gz (dated 2003/02/19) is the
newest release of the SFD files. Even upstream doesn't seem to release
SFD files quite as often as TTF files.

   I recommend that you immediately upload a package containing the
 source SFD files to satisfy our licensing obligations.  You should use
 both http://savannah.nongnu.org/download/freefont/freefont-ttf.tar.gz
 and http://savannah.nongnu.org/download/freefont/freefont-sfd.tar.gz to
 construct the package.

Well, I can do this but I would like an opinion from debian-legal before
I haemorrhage archive space like this (this would triple the size of the
source package from 1.2mb to more like 3.9mb). If you really thought
this was the way to go, I guess I would instead Build-Depend on pfaedit
and have to automate the generation of the TrueType fonts.

I'll ask upstream about this today.

=)
Peter
 
 --- BEGIN debian/copyright ---
 This package was debianized by Peter Hawkins [EMAIL PROTECTED] on
 Fri, 27 Sep 2002 12:42:49 +1000.
 
 It was downloaded from http://www.nongnu.org/freefont/
 
 Upstream Author: Primoz Peterlin
 
 Copyright:
 This package is free software; you can redistribute it and/or modify
 it under the terms of the GNU General Public License as published by
 the Free Software Foundation; either version 2, or (at your option)
 any later version.
 
 You should have received a copy of the GNU General Public License with
 your Debian GNU/Linux system, in /usr/share/common-licenses/GPL, or with
 the Debian GNU/Linux ttf-freefont source package as the file COPYING.  If not,
 write to the Free Software Foundation, Inc., 59 Temple Place - Suite
 330, Boston, MA 02111-1307, USA.
  END debian/copyright 
 
   As well, the debian/copyright notice does not actually specify
 the correct copyright statement.  I suggest revising it thus:
 
 --- BEGIN suggested debian/copyright ---
 This package was debianized by Peter Hawkins [EMAIL PROTECTED] on
 Fri, 27 Sep 2002 12:42:49 +1000.
 
 It was downloaded from http://savannah.nongnu.org/download/freefont/
 
 Upstream Maintainer: Primoz Peterlin [EMAIL PROTECTED]
 
 Copyright:
 
 freefont is a collection of free Universal Character Set outline fonts.
 Copyright (C) 2002  Free Software Foundation
 
 This program is free software; you can redistribute it and/or modify
 it under the terms of the GNU General Public License as published by
 the Free Software Foundation; either version 2 of the License, or
 (at your option) any later version.
 
 This program is distributed in the hope that it will be useful,
 but WITHOUT ANY WARRANTY; without even the implied warranty of
 MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE.  See the
 GNU General Public License for more details.
 
 You should have received a copy of the GNU General Public License
 along with this program; if not, write to the Free Software
 Foundation, Inc., 675 Mass Ave, Cambridge, MA 02139, USA.
 
 On Debian GNU/Linux systems, the complete text of the GNU General
 Public License can be found in `/usr/share/common-licenses/GPL'.
  END suggested debian/copyright 
 



Re: Bug#182402: ttf-freefont is violating the GNU GPL

2003-02-25 Thread Walter Landry
[EMAIL PROTECTED] (Peter Hawkins) wrote:
 Hi...
 
 On Tue, Feb 25, 2003 at 01:17:00AM -0500, Simon Law wrote:
  Package: ttf-freefont
  Version: 20021016-2
  Severity: serious
  
  The package ttf-freefont is licensed under the GNU General Public
  License, as listed in the appended debian/copyright file.  I can confirm
  this from http://savannah.nongnu.org/download/freefont/COPYING .
  
  Since ttf-freefont _does_ _not_ include the complete
  corresponding machine-readable source code,
 
 Yes it does. It includes complete machine readable source code of the
 fonts in a particular format (ie. TTF). Since TTF files are effectively
 like images (albeit in a very specialised format), you can modify and
 improve them with the appropriate tools. True, there are other formats
 you could provide the fonts in, but I would argue that TTF fulfils all
 the requirements of source code based distribution.

The GPL requires that you provide whatever is the preferred form of
the work for making modifications to it.  If the preferred form for
modifying these fonts is TTF, then TTF is fine.  If it is SFD, then
Debian has to distribute that as well.

 In fact, if you pay close attention to the file dates in the upstream
 archive, it appears freefont-ttf-20020306.tar.gz is the newest release
 for the TTF files, and freefont-sfd.tar.gz (dated 2003/02/19) is the
 newest release of the SFD files. Even upstream doesn't seem to release
 SFD files quite as often as TTF files.

If upstream doesn't distribute the source, then Debian can't
distribute the binary.

Regards,
Walter Landry
[EMAIL PROTECTED]




Re: Bug#182402: ttf-freefont is violating the GNU GPL

2003-02-25 Thread Brian M. Carlson
On Wed, Feb 26, 2003 at 09:10:58AM +1100, Peter Hawkins wrote:
 Hi...
 
 On Tue, Feb 25, 2003 at 01:17:00AM -0500, Simon Law wrote:
  Package: ttf-freefont
  Version: 20021016-2
  Severity: serious
  
  The package ttf-freefont is licensed under the GNU General Public
  License, as listed in the appended debian/copyright file.  I can confirm
  this from http://savannah.nongnu.org/download/freefont/COPYING .
  
  Since ttf-freefont _does_ _not_ include the complete
  corresponding machine-readable source code,
 
 Yes it does. It includes complete machine readable source code of the
 fonts in a particular format (ie. TTF). Since TTF files are effectively
 like images (albeit in a very specialised format), you can modify and
 improve them with the appropriate tools. True, there are other formats
 you could provide the fonts in, but I would argue that TTF fulfils all
 the requirements of source code based distribution.

Section 3 of the GNU General Public License contains the following text:

  The source code for a work means the preferred form of the work for
  making modifications to it.

If you can legitimately justify that the preferred form for
modifications is the ttf files, then by all means, distribute them as
source. But I would argue that is not the case. The README [0] states:

  The files with .sfd (Spline Font Database) are in PfaEdit's native
  format. Please use these if you plan to modify the font files. PfaEdit
  can export these to mostly any existing font file format.

 In fact, if you pay close attention to the file dates in the upstream
 archive, it appears freefont-ttf-20020306.tar.gz is the newest release
 for the TTF files, and freefont-sfd.tar.gz (dated 2003/02/19) is the
 newest release of the SFD files. Even upstream doesn't seem to release
 SFD files quite as often as TTF files.

Excuse me? 2003 is sooner than 2002.

  I recommend that you immediately upload a package containing the
  source SFD files to satisfy our licensing obligations.  You should use
  both http://savannah.nongnu.org/download/freefont/freefont-ttf.tar.gz
  and http://savannah.nongnu.org/download/freefont/freefont-sfd.tar.gz to
  construct the package.
 
 Well, I can do this but I would like an opinion from debian-legal before
 I haemorrhage archive space like this (this would triple the size of the
 source package from 1.2mb to more like 3.9mb). If you really thought
 this was the way to go, I guess I would instead Build-Depend on pfaedit
 and have to automate the generation of the TrueType fonts.

It really doesn't matter to me how you do it. I don't know if pfaedit
can create ttf files from the command line, though.

  As well, the debian/copyright notice does not actually specify
  the correct copyright statement.  I suggest revising it thus:

This needs to be fixed anyway. The notice of copyright is important.

[0] http://savannah.nongnu.org/download/freefont/README

-- 
Brian M. Carlson [EMAIL PROTECTED] 0x560553e7
Let us think the unthinkable, let us do the undoable. Let us prepare
 to grapple with the ineffable itself, and see if we may not eff it
 after all. --Douglas Adams


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Re: Bug#182402: ttf-freefont is violating the GNU GPL

2003-02-25 Thread Peter Hawkins
Hi...

On Tue, Feb 25, 2003 at 11:22:25PM +, Brian M. Carlson wrote:
 On Wed, Feb 26, 2003 at 09:10:58AM +1100, Peter Hawkins wrote:
 
   The source code for a work means the preferred form of the work for
   making modifications to it.
 
 If you can legitimately justify that the preferred form for
 modifications is the ttf files, then by all means, distribute them as
 source. But I would argue that is not the case. The README [0] states:
 

Ok. I'll accept that - I wasn't reading the GPL that closely.
 
  In fact, if you pay close attention to the file dates in the upstream
  archive, it appears freefont-ttf-20020306.tar.gz is the newest release
  for the TTF files, and freefont-sfd.tar.gz (dated 2003/02/19) is the
  newest release of the SFD files. Even upstream doesn't seem to release
  SFD files quite as often as TTF files.
 
 Excuse me? 2003 is sooner than 2002.

Sorry, brain is asleep (not much sleep last night).

 
 I recommend that you immediately upload a package containing the
   source SFD files to satisfy our licensing obligations.  You should use
   both http://savannah.nongnu.org/download/freefont/freefont-ttf.tar.gz
   and http://savannah.nongnu.org/download/freefont/freefont-sfd.tar.gz to
   construct the package.
  
  Well, I can do this but I would like an opinion from debian-legal before
  I haemorrhage archive space like this (this would triple the size of the
  source package from 1.2mb to more like 3.9mb). If you really thought
  this was the way to go, I guess I would instead Build-Depend on pfaedit
  and have to automate the generation of the TrueType fonts.
 
 It really doesn't matter to me how you do it. I don't know if pfaedit
 can create ttf files from the command line, though.

It can, but I don't totally understand the finer details of how it is
done. I email upstream earlier to ask. I'll upload a 'fat' package as
suggested soon, and a better package when I get an upstream response.

 As well, the debian/copyright notice does not actually specify
   the correct copyright statement.  I suggest revising it thus:
 
 This needs to be fixed anyway. The notice of copyright is important.

Ok.

=)
Peter