Is epic package non-free?

2003-03-14 Thread Gustavo Franco
Hi,

[Send Cc: to me, i'm not subscribed]

I was checking the epic package, because i've ITA on it now.After
the check, i've some doubts about the license:

Quoting debian/copyright:

IRC II is copyright (c) 1990 by Michael Sandrof.  You have the 
right to copy, compile, and maintain this software.  You also 
have the right to make modifcations to this code for local use
only.

...for local use only. ?!

Version 2.1.1 to 2.2pre7 are Copyright 1991, 1992 Troy Rollo.

Versions 2.2pre8 and above are copyright (c) 1992-1996
matthew green.  Any modifications to this code may be
redistributed with this copyright attached.

Two modules of the source code, ('scandir.c', copyright 1983), and
('glob.c', copyright 1993) are copyright by the Regents of the
University of California, with modifications by various contributers.
All rights are reserved by the University of California.

All rights are reserved by the University of California.  ?!

This software is provided ``as is'' and without any express or
implied warranties, including, without limitation, the implied
warranties of merchantibility and fitness for a particular purpose.

Some modifications made to the original (stock) client:
Copyright (C) 1993, 1997 Jeremy Nelson,
Copyright (C) 1994   Jake Khuon,
Copyright (C) 1995, 1997 Jeremy Nelson and others (EPIC software
labs),
the rights to which are granted non-exclusively to matthew green and are
provided to you under the terms of this license.

Reading the source (source/irc.c):
[...]
 * Written By Michael Sandrof
 * Copyright(c) 1990 
 * See the COPYRIGHT file, or do a HELP IRCII COPYRIGHT 
[...]

I can't found the original copyright file in the debian source package.

I'll prepare a new package, but will be it uploaded to the non-free
section?

Thanks in advance,
-- 
Gustavo Franco [EMAIL PROTECTED]
p.s: epic isn't epic4.



Re: The Show So Far

2003-03-14 Thread Joe Moore
Steve Langasek said:
 On Tue, Mar 11, 2003 at 10:55:44PM -0500, Glenn Maynard wrote:
 The argument is that //rmi.bar.com/Bar is a GPL'd program, and this
 java application (under whatever license; say BSD) makes use of it.

 Now, it seems clear that this application is, in fact, linking to Bar.
 What's not clear is distribution: it seems that Bar is never actually
 being distributed to the user of this application.  Since the binary
 is never distributed, the GPL's source requirements never kick in.

 Yes, I think this is a pretty clear formulation of the ASP loophole in
 terms of RPC services.  And for the reasons stated, I think the costs of
 closing this hole are high enough that it should NOT be closed.

I agree that the costs of closing the ASP loophole are too high.

 I also think that the converse situation, a GPL client using a
 GPL-incompatible RPC service, is already adequately addressed by the
 GPLv2 (though some here disagree that it is addressed).

I disagree that it is addressed.  Your previous email said that the
distributor must be able to distribute source to the complete client
(including the remote server).

If the client can work with either //rmi.bar.com/Bar (the proprietary
server) or with //rmi.gnu.org/gnuBar, based on which configuration
option is chosen at runtime by the user, which server is part of the
source?

For a specific example, consider cddb.org (aka gracenote.com now) and
freedb.org.

--Joe




Re: OSD DFSG - different purposes - constructive suggestion!

2003-03-14 Thread Anthony DeRobertis


On Tuesday, March 11, 2003, at 05:05 AM, Anthony Towns wrote:


Giving away
CDs at tradeshows that don't include source comes under 3(b). I suppose
you could arrange to give everyone both binary and source CDs, then ask
them to give the latter back to you.


http://www.gnu.org/licenses/gpl- 
faq.html#HowCanIMakeSureEachDownloadGetsSource

http://www.gnu.org/licenses/gpl-faq.html#SourceAndBinaryOnDifferentSites

Given those, and the terms of 3(a), I don't see what'd be wrong with  
having two piles on the table: Binary CDs and Source CDs. They wouldn't  
even have to be the same size; so long as there is at least one source  
CD, you can have binary CDs.




Re: Is epic package non-free?

2003-03-14 Thread Simon Law
On Fri, Mar 14, 2003 at 10:15:23AM -0300, Gustavo Franco wrote:
 Hi,
 
 [Send Cc: to me, i'm not subscribed]
 
 I was checking the epic package, because i've ITA on it now.After
 the check, i've some doubts about the license:
 
 Quoting debian/copyright:
 
 IRC II is copyright (c) 1990 by Michael Sandrof.  You have the 
 right to copy, compile, and maintain this software.  You also 
 have the right to make modifcations to this code for local use
 only.
 
 ...for local use only. ?!

It doesn't appear that we have the right to redistribute the
Sandrof code.

 Reading the source (source/irc.c):
 [...]
  * Written By Michael Sandrof
  * Copyright(c) 1990 
  * See the COPYRIGHT file, or do a HELP IRCII COPYRIGHT 
 [...]
 
 I can't found the original copyright file in the debian source package.
 
 I'll prepare a new package, but will be it uploaded to the non-free
 section?

I highly recommend that you file a bug requesting the removal of
this package.

Simon



Forced publication requirement and import/export restrictions

2003-03-14 Thread Alexander Cherepanov
Hi!

Here is some combination of the Chinese Dissident and Fred the Lawyer
tests.

Consider the following situation. There is a program written in
Europe. Someone in USA (say, Fred the USA dissident:-) takes this
program and incorporates some form of encryption which is illegal to
export from USA. Should this be possible with free software? Probably
yes. But what if original program's licence includes a forced
publication requirement? Even if the licence requires to provide
modifications only to original author, on demand, at cost etc. Fred is
stuck.

GPLv2 is OK with this: Fred may distribute the changed program only to
his friends inside the USA and give sources with binaries. But there
seems to be problem if Fred gives Joe a written offer for sources
and Joe transfers it to a third party outside the USA (BTW this third
party doesn't even need to have binaries to request sources).

And IIUC there are also restrictions on import of software to the USA
(DeCSS?), right? So a symmetric scenario is also possible.

And things become more complicated in ASP case -- restrictions on
import/export of services and software are likely to differ, so it
could be legal to put some program behind a web interface but be
illegal to put the program itself on the web.

Sorry if all this is trivial, already known, irrelevant or completely
incorrect:-)

WBR,
Sasha

P.S. BTW what does TINLA mean?





Re: Is epic package non-free?

2003-03-14 Thread Gustavo Franco
On Fri, 2003-03-14 at 12:46, Simon Law wrote:
 On Fri, Mar 14, 2003 at 10:15:23AM -0300, Gustavo Franco wrote:
 [..]
  Reading the source (source/irc.c):
  [...]
   * Written By Michael Sandrof
   * Copyright(c) 1990 
   * See the COPYRIGHT file, or do a HELP IRCII COPYRIGHT 
  [...]
  
  I can't found the original copyright file in the debian source package.
  
  I'll prepare a new package, but will be it uploaded to the non-free
  section?
 
   I highly recommend that you file a bug requesting the removal of
 this package.
 
I guess that you're right.

David can you do it? You're the current maintainer.If you can't, i need
your agree to do it, according with Developers Reference[1].

If you fail to response i'll retitle #184670 again as O: and fill a bug
against epic package reporting the license problem, exposed here.

[1] =
http://www.debian.org/doc/developers-reference/ch-pkgs.en.html#s-removing-pkgs

Thanks,
-- 
Gustavo Franco [EMAIL PROTECTED]



Re: Is epic package non-free?

2003-03-14 Thread Anthony Towns
On Fri, Mar 14, 2003 at 10:15:23AM -0300, Gustavo Franco wrote:
 I was checking the epic package, because i've ITA on it now.After
 the check, i've some doubts about the license:

http://lwn.net/1998/0611/ircii.html

  Michael Sandrof, Troy Rollo, and Matthew Green are putting the ircII code
  under a BSD-like license (without the advertising clause), retroactive
  to all versions of ircII, past and present.  This action is to remove
  any doubt as to whether ircII is Open Source.

Cheers,
aj

-- 
Anthony Towns [EMAIL PROTECTED] http://azure.humbug.org.au/~aj/
I don't speak for anyone save myself. GPG signed mail preferred.

  ``Dear Anthony Towns: [...] Congratulations -- 
you are now certified as a Red Hat Certified Engineer!''


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Re: Bug#184670: Is epic package non-free?

2003-03-14 Thread James Troup
Simon Law [EMAIL PROTECTED] writes:

   It doesn't appear that we have the right to redistribute the
 Sandrof code.

[...]

   I highly recommend that you file a bug requesting the removal of
 this package.

No.  Check the other ircii-based packages; Michael retro-actively
re-licensed his code so it's free.  You can find details (hopefully)
in their copyright files or alternatively the list archives.

-- 
James



Re: Is epic package non-free?

2003-03-14 Thread Gustavo Franco
On Fri, 2003-03-14 at 13:26, Simon Law wrote:
 On Fri, Mar 14, 2003 at 10:15:23AM -0300, Gustavo Franco wrote:
  Hi,
  
  [Send Cc: to me, i'm not subscribed]
  
  I was checking the epic package, because i've ITA on it now.After
  the check, i've some doubts about the license:
  
  Quoting debian/copyright:
  
  IRC II is copyright (c) 1990 by Michael Sandrof.  You have the 
  right to copy, compile, and maintain this software.  You also 
  have the right to make modifcations to this code for local use
  only.
  
  ...for local use only. ?!
 
   Now that I've dug further into this matter, I see this in
 ircii-pana's debian/copyright following a copy of the revised BSD:
 
 (This is the new IRC-II copyright, negotiated by David Welton of the
 Debian Project and applied retroactively by Michael Sandrof and the
 other original authors.)
 
   Looks like epic is OK after all.
Where?

At ircii source package i found:

The following is the copyright of the current development Version. The
Copyright was changed after David Welton of Debian has some talk to
Michael Sandrof.

If ircii and epic are ok with the license, the epic package needs a
update in the copyright file.

David, can you clarify to us?

Bye,
-- 
Gustavo Franco [EMAIL PROTECTED]



Re: Is epic package non-free?

2003-03-14 Thread Gustavo Franco
On Fri, 2003-03-14 at 13:31, Anthony Towns wrote:
 On Fri, Mar 14, 2003 at 10:15:23AM -0300, Gustavo Franco wrote:
  I was checking the epic package, because i've ITA on it now.After
  the check, i've some doubts about the license:
 
 http://lwn.net/1998/0611/ircii.html
 
   Michael Sandrof, Troy Rollo, and Matthew Green are putting the ircII code
   under a BSD-like license (without the advertising clause), retroactive
   to all versions of ircII, past and present.  This action is to remove
   any doubt as to whether ircII is Open Source.
Thank you aj.

Definitely the debian/copyright file needs a update.ASAP i'll do it and
upload.

Can we consider this issue solved? Are you agree Simon?

Thank you,
-- 
Gustavo Franco [EMAIL PROTECTED]



Re: Is epic package non-free?

2003-03-14 Thread Simon Law
On Fri, Mar 14, 2003 at 01:53:53PM -0300, Gustavo Franco wrote:
 On Fri, 2003-03-14 at 13:31, Anthony Towns wrote:
  On Fri, Mar 14, 2003 at 10:15:23AM -0300, Gustavo Franco wrote:
   I was checking the epic package, because i've ITA on it now.After
   the check, i've some doubts about the license:
  
  http://lwn.net/1998/0611/ircii.html
  
Michael Sandrof, Troy Rollo, and Matthew Green are putting the ircII code
under a BSD-like license (without the advertising clause), retroactive
to all versions of ircII, past and present.  This action is to remove
any doubt as to whether ircII is Open Source.
 Thank you aj.
 
 Definitely the debian/copyright file needs a update.ASAP i'll do it and
 upload.
 
 Can we consider this issue solved? Are you agree Simon?

Yes, the issue is now settled.  epic is DFSG-free.

Simon

P.S.Please configure your mail reader to respect Mail-Followup-To
headers.  I see that you have Cced me and AJ, even though we ask 
you not to.



Re: Is epic package non-free?

2003-03-14 Thread Gustavo Franco
On Fri, 2003-03-14 at 15:17, Simon Law wrote:
 On Fri, Mar 14, 2003 at 01:53:53PM -0300, Gustavo Franco wrote:
  On Fri, 2003-03-14 at 13:31, Anthony Towns wrote:
   On Fri, Mar 14, 2003 at 10:15:23AM -0300, Gustavo Franco wrote:
I was checking the epic package, because i've ITA on it now.After
the check, i've some doubts about the license:
   
   http://lwn.net/1998/0611/ircii.html
   
 Michael Sandrof, Troy Rollo, and Matthew Green are putting the ircII 
   code
 under a BSD-like license (without the advertising clause), retroactive
 to all versions of ircII, past and present.  This action is to remove
 any doubt as to whether ircII is Open Source.
  Thank you aj.
  
  Definitely the debian/copyright file needs a update.ASAP i'll do it and
  upload.
  
  Can we consider this issue solved? Are you agree Simon?
 
   Yes, the issue is now settled.  epic is DFSG-free.
Did you mean DFSG-compliant? :)

 
 P.S.  Please configure your mail reader to respect Mail-Followup-To
   headers.  I see that you have Cced me and AJ, even though we ask 
   you not to.
Sorry, i did it manually.

Bye,
-- 
Gustavo Franco [EMAIL PROTECTED]



Re: PHPNuke license

2003-03-14 Thread Branden Robinson
On Wed, Mar 12, 2003 at 01:01:35PM -0500, Don Armstrong wrote:
 On Tue, 11 Mar 2003, David Turner wrote:
  Actually, there was copying, but not distribution, as I recall.
 
 The articles in question were circulated throughout the company so
 they could be copied by employees. [Hence the interal distribution...]

Now, wait a second.  According to Nick Phillips, that's just
deployment, not distribution.  There isn't any such thing as
internal distribution.  ;-)

-- 
G. Branden Robinson| You don't just decide to break
Debian GNU/Linux   | Kubrick's code of silence and then
[EMAIL PROTECTED] | get drawn away from it to a
http://people.debian.org/~branden/ | discussion about cough medicine.


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Re: the FSF's definition of Free Software and its value for Debian

2003-03-14 Thread Branden Robinson
On Wed, Mar 12, 2003 at 09:55:14PM +0100, Henning Makholm wrote:
 Scripsit Branden Robinson [EMAIL PROTECTED]
  Oops, I confused myself.  This phrase all third parties that receive
  copies indirectly through the recipient is still there.
 
 Could you state again what problem you have with that phrasing? It
 seems to me that it includes everyone it needs to include.

Please see:

  Message-ID: [EMAIL PROTECTED]

(Sorry, I couldn't turn this up at lists.debian.org -- I really wish
MHonArc archived Message-IDs and permitted one to specify such as search
criteria.)

 Surely, if I encode the Document, and it turns up in my encoding at
 your computer a year later, it must be either because I gave you a
 copy (in which case you get the rights) or because you got your copy
 indirectly through someone who I gave a copy (in which case you still
 get the rights).

No, you could have broken into my computer and taken it.  But I don't
think the GNU GPL needs to worry about authorized recipients versus
unauthorized recipients.  There are plenty of legal avenues of redress
for people whose computers are intruded upon; I do not think that the
GNU GPL needs to provide yet another.  Especially since many corporate
licensors would predicate revocation of the license due to unauthorized
receipt of the work on their bare assertion that the work was received
in an authorized fashion, rather than basing it on a finding of fact by
a court, where (at least nominally) one has to go to all trouble of
having to meet standards of evidence and burdens of proof.

Also see chilling effects.

-- 
G. Branden Robinson|  There is no gravity in space.
Debian GNU/Linux   |  Then how could astronauts walk
[EMAIL PROTECTED] |   around on the Moon?
http://people.debian.org/~branden/ |  Because they wore heavy boots.


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Re: Should the ASP loophole be fixed? (Re: The Affero license)

2003-03-14 Thread Branden Robinson
On Wed, Mar 12, 2003 at 01:15:26AM -0800, Thomas Bushnell, BSG wrote:
 David Turner [EMAIL PROTECTED] writes:
  4. Fundamental rights include the right to deny to *non-users* of the
  software, access to the source code for the software
 
 No, this misstates my position.  Possessors of the software, whether
 users or not, should have access to the source code.

Of course, now we're into that wonderful can of worms where we attempt
to apply the concept of possession to something that is utterly
intangible.

:-P

-- 
G. Branden Robinson|It's like I have a shotgun in my
Debian GNU/Linux   |mouth, I've got my finger on the
[EMAIL PROTECTED] |trigger, and I like the taste of
http://people.debian.org/~branden/ |the gunmetal. -- Robert Downey, Jr.


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Re: Barriers to an ASP loophole closure

2003-03-14 Thread Thomas Bushnell, BSG
Terry Hancock [EMAIL PROTECTED] writes:

 Now, what if I played it through my web server?  I don't give you
 the DVD and I don't let you access the menu directly, so I am not
 distributing the work through the web, I'm just playing a video
 using some streaming video format.  Now that is clearly public
 performance, isn't it?  Would anyone seriously argue that fair use
 lets me do that?

It's not public performance, but that doesn't matter.  It's still
illegal, because it *is* copying.  just playing using streaming is,
actually, copying.

Thomas



Re: Should the ASP loophole be fixed? (Re: The Affero license)

2003-03-14 Thread Thomas Bushnell, BSG
Branden Robinson [EMAIL PROTECTED] writes:

 On Wed, Mar 12, 2003 at 01:15:26AM -0800, Thomas Bushnell, BSG wrote:
  David Turner [EMAIL PROTECTED] writes:
   4. Fundamental rights include the right to deny to *non-users* of the
   software, access to the source code for the software
  
  No, this misstates my position.  Possessors of the software, whether
  users or not, should have access to the source code.
 
 Of course, now we're into that wonderful can of worms where we attempt
 to apply the concept of possession to something that is utterly
 intangible.

Not at all!  possession here refers to the physical copy, which is,
in fact, physically instantiated, and it is that physical
instantiation to which copyright law attaches.



QPL clause 3 is not DFSG-free

2003-03-14 Thread Branden Robinson
On Wed, Mar 12, 2003 at 01:07:41AM -0800, Thomas Bushnell, BSG wrote:
 Branden Robinson [EMAIL PROTECTED] writes:
 
  On Tue, Mar 11, 2003 at 12:03:59PM -0800, Thomas Bushnell, BSG wrote:
   Ok, I think you're right.  That means the QPL is not actually a
   problem, even if you object to all forced publication requirements.
  
  Can someone spell this out (again?) for my crippled mind?
  
  This might be good fodder for the FAQ.
 
 The problematic QPL clause only applies as part of a special exception
 in the license: certain kinds of derivative works which you don't have
 to license under the QPL itself.  

I'm sorry, but it appears to me that there is more than one problematic
QPL clause:

 3. You may make modifications to the Software and distribute your
modifications, in a form that is separate from the Software, such as
   
patches.  The following restrictions apply to modifications:

This restricts modifications to separate patch files.  Furthermore, these
restrictions attach to the mere act of modification, and not to distribution of
modifications (or a modified version of the work).

It is easy to read the DFSG as saying that the above are hunky-dory, but I
forward them as points of concern nonetheless, as they are directly relevant to
discussions we've been having lately on this list.

a. Modifications must not alter or remove any copyright notices in the
   Software.

This is fine, except that it attaches to modification and not
distribution of modifications that do this.  We should encourage
licensors to be more clear about this issue, and not attempt to restrict
activities that should be protected under Fair Use doctrines.

b. When modifications to the Software are released under this license, a
   non-exclusive royalty-free right is granted to the initial developer of the
   Software to distribute your modification in future versions of the Software
   provided such versions remain available under these terms in addition to any
   other license(s) of the initial developer.

This is a problem.  If you license your modifications under the QPL, you
give the initial developer (often Trolltech AS) a special privilege
that is not given to other parties, even if your modifications are so
extensive and original that they merit independent copyright protection.
(In fact, this special privilege is granted *only* in that case, for in
situations where the modifications are so trivial that there is no
copyrightable derived work, clause 3b is unnecessary.  In the U.S., at
least, the seed of copyright can find no root in trivial
modifications[1]).

As an aside, while researching my position on this issue, I learned that
(again, in the U.S.) computer source may have a higher threshold to meet
to merit copyrightablilty in the first place; in other words, the
formalism of source code may mean that copyright protection would attach
to a quantity of fictional prose, but not to an equivalent quantity of
source code[2].

I believe it is illegitimate and inimical freedom to grant special
privileges in a license to a copyright holder that other receipients of
a distributed work do not get, especially since the original copyright
holder already has tons of rights that other receipients don't have.

If we were to replace a non-exclusive royalty-free right is granted
with something else of value such as a payment of US $1,000 must be
paid; the title to the modifier's automobile, if the modifier owns
one, must be signed over; or a perpetual, non-retractable grant of
permission to engage in sexual intercourse with (1) the modifier, if the
modifier is female; (2) if the modifer is not female, the modifier's
nearest female relative aged 18 years or greater must be extended, then
we all would certainly reject such a requirement as
DFSG-non-free...wouldn't we?

Why, then, are the potential copyrights of free software hackers who
modify QPLed works without value?

This is an issue I've raised before; I have long wanted a clause that
represents a nexus of concerns related to DFSG 1, DFSG 3, DFSG 7, DFSG
8, and DFSG 9.  License must not demand consideration in exchange for
permissions granted therein, or something like that.

I therefore cannot agree with the theory that QPL clause 6, even if
non-free, does not render the license in toto non-DFSG-free, because the
posited alternative that avoids clause 6 is to use clause 3.

For these reasons, it is my opinion that the QPL is not a Free Software
license.  To recall my analogy to the U.S. legal system, I would regard
any interpretation of the DFSG that permits the QPL to be regarded as
Free as violative of the Debian Social Contract, in which we promise
that Debian Will Remain 100% Free Software.

[1] Woods v. Bourne Co., 60 F.3d 978, 990 (2d Cir. 1995)
  In order for a work to qualify as a derivative work it must be
   independently copyrightable. [...] The basis for
   copyright protection contained in both 

Re: The ASP nightmare: a description (was Re: OSD DFSG - different purposes - constructive suggestion!)

2003-03-14 Thread Branden Robinson
On Wed, Mar 12, 2003 at 07:45:36PM +0100, Bernhard R. Link wrote:
 If anyone had claimed such any kind of distribution
 in this area some years ago, I'd taken it for a good joke[1].
[...]
 [1] compareable to a cat /bin/clear on a Solaris of the right version.

I presume this was like Solaris's /bin/true, which was something like
this:

  #!/bin/sh

  # THIS IS UNPUBLISHED PROPRIETARY SOURCE OF ATT.  IF YOU DISTRIBUTE IT
  # YOU WILL BE LABELLED AN ENEMY COMBATANT, YOUR CONSTITUTIONAL RIGHTS
  # IGNORED, AND EITHER HELD IN DETENTION IN GUANTANAMO BAY FOR THE REST
  # OF YOUR LIFE, OR SUMMARILY EXECUTED, AT THE ATTORNEY GENERAL'S
  # PLEASURE.

  exit 0

Is that about right?

-- 
G. Branden Robinson|Kissing girls is a goodness.  It is
Debian GNU/Linux   |a growing closer.  It beats the
[EMAIL PROTECTED] |hell out of card games.
http://people.debian.org/~branden/ |-- Robert Heinlein


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Re: GPLv3 / Affero / RPSL

2003-03-14 Thread Branden Robinson
On Wed, Mar 12, 2003 at 08:48:13PM +1000, Anthony Towns wrote:
 I think we have two sorts of free licenses. One set, which includes BSD
 and GPL licenses, which basically give users and authors the same rights;
 and the other set, which includes the QPL and licenses with patch clauses,
 which give the original author special consideration. I can't see any
 reason not to put licenses that require sending copies to the author
 into the second category -- free, but deprecated.

Just so my cards on the table, I don't like the practice of giving
authors special consideration.  Furthermore, I think the most effective
way -- perhaps the *only* effective way for our deprecation of such
licenses to be more than just lip service is to reject them as violating
the spirit of the DFSG, or if you'd rather, as violating Social
Contract clause 1 even if the DFSG wasn't comprehensive enough to snag
them.

And no, I don't have any expectation that everyone else on this mailing
list shares my opinion on this issue.

-- 
G. Branden Robinson|The first thing the communists do
Debian GNU/Linux   |when they take over a country is to
[EMAIL PROTECTED] |outlaw cockfighting.
http://people.debian.org/~branden/ |-- Oklahoma State Senator John Monks


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Re: OCAML QPL Issue

2003-03-14 Thread Branden Robinson
On Tue, Mar 11, 2003 at 12:16:42AM +0100, Henning Makholm wrote:
  Dual-licensing under the GPL and QPL appeared to be good enough for
  Trolltech, so presumably the same reasoning that they used when
  making that decision will be persuasive to other users of the QPL.
 
 The licensing of the software in question, oCaml, turns out to be
 sligtly more complex than apparent from Barak's initial post. It
 consists of a compiler and a runtime module (bytecode interpreter +
 libraries). The compiler is under QPL. The runtime module is under
 LGPL plus an explicit permission to link non-LGPL things to it. I
 haven't yet figured out how this permission goes beyond what the LGPL
 itself says.
 
 Given that the component covered by the QPL is just the compiler, it
 seems that there is no reason why QPL 6 is even relevant for that
 particular piece of sofware.

Have you communicated with the oCaml folks before?  Do you think they
would be amenable to dual-licensing the compiler under the QPL and GPL?

Trolltech AS found this strategy reasonable for Qt because the GPL
didn't grant any permissions they weren't comfortable granting -- the
issue for them was that the GPL *didn't* grant some permissions they
*wanted* to grant, so they wrote their own license (the QPL).

The oCaml folks might share these desires, in which case dual-licensing
should be fairly uncontroversial.

-- 
G. Branden Robinson|  When dogma enters the brain, all
Debian GNU/Linux   |  intellectual activity ceases.
[EMAIL PROTECTED] |  -- Robert Anton Wilson
http://people.debian.org/~branden/ |


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Re: Considering packaging T.Rex firewall, is it free?

2003-03-14 Thread Branden Robinson
On Wed, Mar 12, 2003 at 09:17:39PM +0100, Henning Makholm wrote:
 HOWEVER, I find it worrying that the legal venue is stated as
 
 | This license is governed by the Laws of the State of Texas and any
 | disputes shall be decided by mediation.
 
 Does this mean that the user has to submit to some unspecified
 mediation and waive his right to have a real court interpret the
 license in case of trouble? If so, it doesn't seem free.

I agree.  A pure copyright license (as opposed to one that attempts to
restrict activities that are not exclusive rights of copyright holders,
such as criticism of the producer of the software) does not need, and
cannot use, any such choice-of-law provision, as one must bring
copyright infringement suits in federal court, not state court.  This is
because the power to pass and enforce copyright legislation is reserved
to the federal government under the U.S. Constitution.

As for international changes-of-venue, what country is going to cede its
jurisdiction over its own copyright laws to some other country?

-- 
G. Branden Robinson| It just seems to me that you are
Debian GNU/Linux   | willfully entering an arse-kicking
[EMAIL PROTECTED] | contest with a monstrous entity
http://people.debian.org/~branden/ | that has sixteen legs and no arse.


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Bug#184806: Copyright notices are lacking

2003-03-14 Thread Simon Law
Package: whois
Version: 4.6.2
Severity: serious
Tags: patch

The copyright notices on the whois sources are not sufficient.  Neither
is the debian/copyright file.  Since the maintainer is also the upstream
author, I presume that he actually _does_ want to license whois under
the GNU GPL.  I have prepared a patch to bring the package into
compliance.

Simon
diff -ruw whois-4.6.2.orig/Makefile whois-4.6.2/Makefile
--- whois-4.6.2.orig/Makefile   2002-12-04 19:22:15.0 -0500
+++ whois-4.6.2/Makefile2003-03-14 12:59:14.0 -0500
@@ -1,3 +1,19 @@
+# Makefile - a make script to build whois
+# Copyright (C) 1999--2002  Marco d'Itri
+# 
+# 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; version 2 of the License.
+# 
+# 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., 59 Temple Place, Suite 330, Boston, MA  02111-1307  USA
+
 prefix=/usr/local
 
 OPTS=-O2
diff -ruw whois-4.6.2.orig/config.h whois-4.6.2/config.h
--- whois-4.6.2.orig/config.h   2003-01-23 12:56:07.0 -0500
+++ whois-4.6.2/config.h2003-03-14 12:59:24.0 -0500
@@ -1,3 +1,20 @@
+/* config.h - macro definitions for whois
+ * Copyright (C) 1999--2003  Marco d'Itri
+ * 
+ * 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; version 2 of the License.
+ * 
+ * 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., 59 Temple Place, Suite 330, Boston, MA  02111-1307  USA
+ */
+
 /* Program version */
 /* not for the inetutils version */
 #define VERSION 4.6.2
diff -ruw whois-4.6.2.orig/data.h whois-4.6.2/data.h
--- whois-4.6.2.orig/data.h 2003-01-23 12:57:06.0 -0500
+++ whois-4.6.2/data.h  2003-03-14 12:59:29.0 -0500
@@ -1,3 +1,20 @@
+/* data.h - a list of servers, and their properties for whois
+ * Copyright (C) 1999--2003  Marco d'Itri
+ * 
+ * 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; version 2 of the License.
+ * 
+ * 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., 59 Temple Place, Suite 330, Boston, MA  02111-1307  USA
+ */
+
 /*
  * RIPE-like servers.
  * All of them do not understand -V2.0Md with the exception of RA and RIPN.
diff -ruw whois-4.6.2.orig/debian/copyright whois-4.6.2/debian/copyright
--- whois-4.6.2.orig/debian/copyright   2003-01-26 12:36:39.0 -0500
+++ whois-4.6.2/debian/copyright2003-03-14 12:35:18.0 -0500
@@ -1,7 +1,21 @@
 This package was debianized by Marco d'Itri [EMAIL PROTECTED] on
 Sun Oct  3 19:46:30 CEST 1999.
 
-It was written by Marco d'Itri.
+It was written by Marco d'Itri [EMAIL PROTECTED].
 
 Copyright: GPL (please see /usr/share/common-licenses/GPL-2).
+whois - an advanced and intelligent whois client.
+Copyright (C) 1999--2003  Marco d'Itri
 
+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.
+
+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., 59 Temple Place, Suite 330, Boston, MA  02111-1307  USA
diff -ruw whois-4.6.2.orig/make_as_del.pl whois-4.6.2/make_as_del.pl
--- whois-4.6.2.orig/make_as_del.pl 1999-11-07 13:46:31.0 -0500
+++ whois-4.6.2/make_as_del.pl  2003-03-14 

Re: The ASP nightmare: a description (was Re: OSD DFSG - different purposes - constructive suggestion!)

2003-03-14 Thread Michael Schultheiss
Branden Robinson wrote:
 On Wed, Mar 12, 2003 at 07:45:36PM +0100, Bernhard R. Link wrote:
  If anyone had claimed such any kind of distribution
  in this area some years ago, I'd taken it for a good joke[1].
 [...]
  [1] compareable to a cat /bin/clear on a Solaris of the right version.
 
 I presume this was like Solaris's /bin/true, which was something like
 this:
 
   #!/bin/sh
 
   # THIS IS UNPUBLISHED PROPRIETARY SOURCE OF ATT.  IF YOU DISTRIBUTE IT
   # YOU WILL BE LABELLED AN ENEMY COMBATANT, YOUR CONSTITUTIONAL RIGHTS
   # IGNORED, AND EITHER HELD IN DETENTION IN GUANTANAMO BAY FOR THE REST
   # OF YOUR LIFE, OR SUMMARILY EXECUTED, AT THE ATTORNEY GENERAL'S
   # PLEASURE.
 
   exit 0
 
 Is that about right?

Sun Microsystems Inc.   SunOS 5.7   Generic October 1998
 
phoenix{mschulth}1: cat /bin/clear
#!/usr/bin/sh
#   Copyright (c) 1984, 1986, 1987, 1988, 1989 ATT
# All Rights Reserved
 
#   THIS IS UNPUBLISHED PROPRIETARY SOURCE CODE OF ATT
#   The copyright notice above does not evidence any
#   actual or intended publication of such source code.
 
#ident  @(#)clear.sh   1.8 96/10/14 SMI   /* SVr4.0 1.3   */
#   Copyright (c) 1987, 1988 Microsoft Corporation
# All Rights Reserved
 
#   This Module contains Proprietary Information of Microsoft
#   Corporation and should be treated as Confidential.
 
# clear the screen with terminfo.
# if an argument is given, print the clear string for that tty type
 
/usr/bin/tput ${1:+-T$1} clear 2 /dev/null
exit
phoenix{mschulth}2:



Re: The Show So Far

2003-03-14 Thread Branden Robinson
On Fri, Mar 14, 2003 at 10:54:42AM +1000, Anthony Towns wrote:
 Seriously, you're welcome to hate the clause all you like; there are
 people out there who hate BSD licensing and others who hate GPL licensing.
 You do need something stronger than a firm opinion and a lot of repetition
 to declare it non-free, though.

But we can turn this around, and it's just as true.

You're welcome to love, and/or regard as reasonable, all the crazy
restrictions on modification and distribution you like.  But you need
something stronger than a firm opinion and a lot of reptition to delcare
it free.

What is and is not a reasonable restriction on modification (or, if I
had my druthers, on *distribution* of modifications), is the very
question that so many recent threads on this list have been trying to
tackle.

It's easy to be contemptuous of Chinese Dissident or Fred the Lawyer
tests, but if the alternative is repetitious exposition of people's gut
feelings -- which will surely differ -- how have we improved on these
tests?  How have we demonstrated that we, as a project, as least have
some comprehensible heuristics for evaluating software licenses, since
algorithmic processes such as the one OSI appears to be attempting to
implement have notable shortcomings (from our perspective)?

-- 
G. Branden Robinson|  We either learn from history or,
Debian GNU/Linux   |  uh, well, something bad will
[EMAIL PROTECTED] |  happen.
http://people.debian.org/~branden/ |  -- Bob Church


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Re: GPLv3 / Affero / RPSL

2003-03-14 Thread John Goerzen
On Fri, Mar 14, 2003 at 03:41:04PM -0500, Branden Robinson wrote:
 authors special consideration.  Furthermore, I think the most effective
 way -- perhaps the *only* effective way for our deprecation of such
 licenses to be more than just lip service is to reject them as violating
 the spirit of the DFSG, or if you'd rather, as violating Social
 Contract clause 1 even if the DFSG wasn't comprehensive enough to snag
 them.
 
 And no, I don't have any expectation that everyone else on this mailing
 list shares my opinion on this issue.

I think you have a valid point; at the same time, we should have expressed
it at the time Troll was drafting the current QPL.  Now is, I think, too
late to go back on that decision.  There is value in being trusted.

-- John



Re: Standard non-copyleft free license?

2003-03-14 Thread Branden Robinson
On Tue, Mar 11, 2003 at 08:09:03PM -0500, David Turner wrote:
 Copyright (c) year copyright holders
 
 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:
 
 [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 AUTHORS OR 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.
 
 Stuff in [] is optional.  Stuff in  needs to be replaced.

Credit where credit is due, Dave: this is the MIT/X11 license.

-- 
G. Branden Robinson|  You live and learn.
Debian GNU/Linux   |  Or you don't live long.
[EMAIL PROTECTED] |  -- Robert Heinlein
http://people.debian.org/~branden/ |


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Re: The Show So Far

2003-03-14 Thread Anthony Towns
On Fri, Mar 14, 2003 at 04:17:42PM -0500, Branden Robinson wrote:
 On Fri, Mar 14, 2003 at 10:54:42AM +1000, Anthony Towns wrote:
  Seriously, you're welcome to hate the clause all you like; there are
  people out there who hate BSD licensing and others who hate GPL licensing.
  You do need something stronger than a firm opinion and a lot of repetition
  to declare it non-free, though.
 But we can turn this around, and it's just as true.
 You're welcome to love, and/or regard as reasonable, all the crazy
 restrictions on modification and distribution you like.  But you need
 something stronger than a firm opinion and a lot of reptition to delcare
 it free.

It passes the written DFSG. Not everything that passes the DFSG as
written is free -- that's why they're guidelines, not a definition --
but I think it's fair for the null hypothesis to be satisfies the DFSG
as written = free, and expect people who want to read between the lines
and add their pet tests to be the ones doing the justifying.

Cheers,
aj

-- 
Anthony Towns [EMAIL PROTECTED] http://azure.humbug.org.au/~aj/
I don't speak for anyone save myself. GPG signed mail preferred.

  ``Dear Anthony Towns: [...] Congratulations -- 
you are now certified as a Red Hat Certified Engineer!''


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Re: Standard non-copyleft free license?

2003-03-14 Thread Don Armstrong
On Fri, 14 Mar 2003, Branden Robinson wrote:
 I think Dave's recommendation of the MIT/X11 license, though he
 didn't call it by that name, is preferable, because it sticks closer
 to the legal scope of copyright law.

Could be. They're slightly different of course, and I'm not well
equiped to argue whether the terms of the BSD license step outside of
the boundaries able to be enforced from copyright law.

 Publicity rights are not within the scope of copyright law.  The
 right to use people's names or likenesses to promote things is not
 assumed to attach to copyright licenses in the first place.

I'd hope so, but you never know these days.[1]

Regardless, their idea is that if you then used their names, it gives
their lawyers an extra stick to beat you with, beyond just using the
standard slander/libel laws. [Plus, they get to bring in the FBI to
track you down.]


Don Armstrong
1: [rant deleted]
-- 
Of course Pacman didn't influence us as kids. If it did, we'd be
running around in darkened rooms, popping pills and listening to
repetitive music.

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


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