Re: GFDL - status?

2003-07-19 Thread Branden Robinson
On Tue, Jul 15, 2003 at 09:47:42PM -, MJ Ray wrote:
 How are you not free to create derivative parts of the documentation
 section and distribute it under the same terms (ie with invariants in
 tow)?  The invariant sections are not part of the documentation (and
 they must not be documentation).
 
 I'm not saying the complete work is DFSG-free.  I'm just trying to give
 a possible reason why it is named free document*ation* licence.

A free abstract thing that cannot be instantiated in a free form is not
free, in my opinion.

What good are rights if one can't exercise them?

We wouldn't even consider this argument if someone were applying it to
a C compiler or OS kernel.

-- 
G. Branden Robinson|
Debian GNU/Linux   |Yeah, that's what Jesus would do.
[EMAIL PROTECTED] |Jesus would bomb Afghanistan. Yeah.
http://people.debian.org/~branden/ |


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Re: GFDL - status?

2003-07-19 Thread MJ Ray
Branden Robinson [EMAIL PROTECTED] wrote:
 We wouldn't even consider this argument if someone were applying it to
 a C compiler or OS kernel.

Wouldn't we?  Could a C compiler could still contain a free software
linker and not be wrong to call the linker free software?  Just like
this, it wouldn't be possible to be in Debian, but the linker itself
would not be caught by DFSG as long as it didn't charge for distribution
of the compiler, wouldn't it?

Generally I agree with you, but some of the claims made on this list
seem to assume that document and documentation mean the same.  They
don't, and that's the root of this, IMO.

What do you (or other list members) think of the pickle-passing clause?

-- 
MJR/slef   My Opinion Only and possibly not of any group I know.
  http://mjr.towers.org.uk/   jabber://[EMAIL PROTECTED]
Creative copyleft computing services via http://www.ttllp.co.uk/
Thought: Edwin A Abbott wrote about trouble with Windows in 1884



migrating away from the FDL

2003-07-19 Thread Wouter Verhelst
Hi guys,

No, this is not a mail about large-scale bugs I intend to file about
packages using the FDL. It's about 'how do I relicense stuff in non-FDL
licenses'.

In the past few years, I wrote some manpages and one larger document
which I all licensed under the FDL. Although I did not read the FDL's
text at the time, due to the fuzz I heard being made about the FDL I
recently did so, and although I do not agree with all the arguments I've
seen in this mailinglist's archives, I certainly do agree with some of
them. As a result, I want to relicense all my FDL-licensed documents
under another license (GPLv2).

My question is: what's the right way to do this? If all contributors
agree, can I just drop the FDL from my 'legalese' paragraphs, replacing
it with a reference to the GPL, or do I have to mention the fact that
previous versions were licensed under the FDL? Do I have to wait for a
new update of those documents, or can I just go ahead and change the
license without changing the licensed text?

Any insights would be appreciated.

-- 
Wouter Verhelst
Debian GNU/Linux -- http://www.debian.org
Nederlandstalige Linux-documentatie -- http://nl.linux.org
An expert can usually spot the difference between a fake charge and a
full one, but there are plenty of dead experts. 
  -- National Geographic Channel, in a documentary about large African beasts.



Re: GFDL - status?

2003-07-19 Thread Jeremy Hankins
MJ Ray [EMAIL PROTECTED] writes:

 What do you (or other list members) think of the pickle-passing
 clause?

If a license had a clause requiring that anyone who received the work
(or any derivative work) must also receive a pickle, the work (i.e.,
the software itself) would be non-free, yes.  Imagine having to
include a pickle in a cvs upload!

Though I'm not sure exactly what pickle-passing clause you're
referring to since there were a couple discussed, I think the above is
as closely analogous to the GFDL as you can get with a pickle.  ;)

-- 
Jeremy Hankins [EMAIL PROTECTED]
PGP fingerprint: 748F 4D16 538E 75D6 8333  9E10 D212 B5ED 37D0 0A03



Re: migrating away from the FDL

2003-07-19 Thread Steve Langasek
On Sat, Jul 19, 2003 at 06:26:17PM +0200, Wouter Verhelst wrote:
 No, this is not a mail about large-scale bugs I intend to file about
 packages using the FDL. It's about 'how do I relicense stuff in non-FDL
 licenses'.

 In the past few years, I wrote some manpages and one larger document
 which I all licensed under the FDL. Although I did not read the FDL's
 text at the time, due to the fuzz I heard being made about the FDL I
 recently did so, and although I do not agree with all the arguments I've
 seen in this mailinglist's archives, I certainly do agree with some of
 them. As a result, I want to relicense all my FDL-licensed documents
 under another license (GPLv2).

 My question is: what's the right way to do this? If all contributors
 agree, can I just drop the FDL from my 'legalese' paragraphs, replacing
 it with a reference to the GPL, or do I have to mention the fact that
 previous versions were licensed under the FDL? Do I have to wait for a
 new update of those documents, or can I just go ahead and change the
 license without changing the licensed text?

If the copyright holders all agree, you can relicense it however you
want.  There's no requirement that the work be changed before the
license can be changed.

-- 
Steve Langasek
postmodern programmer


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Re: migrating away from the FDL

2003-07-19 Thread Henning Makholm
Scripsit Wouter Verhelst [EMAIL PROTECTED]

 My question is: what's the right way to do this? If all contributors
 agree, can I just drop the FDL from my 'legalese' paragraphs, replacing
 it with a reference to the GPL,

Yes.

 or do I have to mention the fact that previous versions were
 licensed under the FDL?

No.

 Do I have to wait for a new update of those documents,

No.

 or can I just go ahead and change the license without changing the
 licensed text?

Yes.

-- 
Henning Makholm  Punctuation, is? fun!



Re: migrating away from the FDL

2003-07-19 Thread Mathieu Roy
 My question is: what's the right way to do this? If all contributors
 agree, can I just drop the FDL from my 'legalese' paragraphs, replacing
 it with a reference to the GPL, or do I have to mention the fact that
 previous versions were licensed under the FDL? Do I have to wait for a
 new update of those documents, or can I just go ahead and change the
 license without changing the licensed text?

Normally you can drop the ref. to the FDL completely. But note that if
someone got a copy under the GNU FDL, he is free to continue to
distribute it as GNU FDL, even if he knows that you relicensed it to
the GPL.
As author, you can relicense your production as you want, without
changing the licensed text (at your option).

(I'm not a lawyer! But I'm sure someone will object if I'm saying
crap).

Regards,


-- 
Mathieu Roy
 
  Homepage:
http://yeupou.coleumes.org
  Not a native english speaker: 
http://stock.coleumes.org/doc.php?i=/misc-files/flawed-english



Re: GFDL - status?

2003-07-19 Thread Glenn Maynard
On Sat, Jul 19, 2003 at 11:09:13AM -, MJ Ray wrote:
  We wouldn't even consider this argument if someone were applying it to
  a C compiler or OS kernel.
 
 Wouldn't we?  Could a C compiler could still contain a free software
 linker and not be wrong to call the linker free software?  Just like

If it was an eg. BSD-licensed linker packaged with a non-free compiler, sure.
I could simply remove the non-free parts.

If the linker's license required that it be packaged with the non-free
compiler, however, then the linker would not be free software, either.

Likewise, if a document's license requires that it be packaged with a
non-free manifesto, the document isn't free, either.

There would be fewer problems if invariant sections were only immutable,
not unremovable.

-- 
Glenn Maynard



Re: migrating away from the FDL

2003-07-19 Thread Florian Weimer
Wouter Verhelst [EMAIL PROTECTED] writes:

 No, this is not a mail about large-scale bugs I intend to file about
 packages using the FDL. It's about 'how do I relicense stuff in non-FDL
 licenses'.

The next logical step is 'how do I rename Debian GNU/Linux' to 'Debian
Linux', I presume.

To my knowledge, only a very vocal minority of Debian Developers
argues for the removal of documentation licensed under the GFDL (and
even their views are far from consistent).  You guys might be putting
the future of the project at risk, without actually realizing what you
are doing.



Re: migrating away from the FDL

2003-07-19 Thread J.D. Hood
 --- Florian Weimer [EMAIL PROTECTED] wrote:
 To my knowledge, only a very vocal minority of Debian Developers
 argues for the removal of documentation licensed under the GFDL (and
 even their views are far from consistent).

No one has surveyed DDs on this question, have they?

 You guys might be putting
 the future of the project at risk, without actually realizing what you
 are doing.

What sort of risk do you mean?

I don't see the grave dangers that would arise if Debian were to decide
that what it wants to include only free documents with the free software
in its main archive and to relegate encumbered documents to an auxiliary
archive.  Debian and the FSF can survive disagreement on this point.

--
Thomas


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Re: migrating away from the FDL

2003-07-19 Thread Florian Weimer
Sorry, Wouter, I shouldn't have complained about
your approach.  Your request for help actually makes sense (it's just
an ordinary relicensing question, after all).

Fear of having to switch to FreeBSD provokes some rather clueless
reactions on my part.  I'm sorry.



Re: migrating away from the FDL

2003-07-19 Thread Brian M. Carlson
On Sat, Jul 19, 2003 at 10:40:50PM +0200, Florian Weimer wrote:
 Wouter Verhelst [EMAIL PROTECTED] writes:
 
  No, this is not a mail about large-scale bugs I intend to file about
  packages using the FDL. It's about 'how do I relicense stuff in non-FDL
  licenses'.
 
 The next logical step is 'how do I rename Debian GNU/Linux' to 'Debian
 Linux', I presume.

I think you are exaggerating a tad. This person came to us asking how to
relicense software he wrote. We only gave him information on how to do
so. If he wanted to relicense software in non-APSL licenses, we would
have given him that information too (which would probably have been very
similar).

 To my knowledge, only a very vocal minority of Debian Developers
 argues for the removal of documentation licensed under the GFDL (and
 even their views are far from consistent).  You guys might be putting
 the future of the project at risk, without actually realizing what you
 are doing.

Virtually every person on this list finds the GFDL non-free in some
situation. Most of the people who you see as the vocal minority of DDs
are people who are very vocal anyway. We've even had the original
authors of some of the documentation complain that they didn't like what
the FSF did by changing the licensing, but that they couldn't do anything
about it. I'm not a DD, and I think it's non-free. You can see the bug
on glibc about it. That's part of why glibc took forever to get into
testing. Other bugs have been filed on gcc docs. This problem is not
going away.

Also, I don't see how the future of the project can be at risk over a
non-free license. It is so obviously non-free that if it were a) by anyone
else but the FSF and b) not so deeply ingrained in our archives, everything
licensed under it would be extirpated from main at once. For example, look
at section 4. If my original document included a section Entitled History
that contained a 10,000 word Ode to My Goldfish (thank you whoever came
up with that brilliant idea), nobody else could remove it. That would be
obviously non-free.

Let me take this opportunity, in case I haven't already, to announce
that any document, software, or other copyrightable work that I have
created or to which I hold copyright that is licensed under any version
of the GNU Free Documentation License (including draft versions) is
hereby licensed under the GNU General Public License, as published by
the Free Software Foundation, version 2 only. That should take care of
the GFDL'd manpage that I submitted to fix a bug.

-- 
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: migrating away from the FDL

2003-07-19 Thread Wouter Verhelst
Op za 19-07-2003, om 22:40 schreef Florian Weimer:
 Wouter Verhelst [EMAIL PROTECTED] writes:
 
  No, this is not a mail about large-scale bugs I intend to file about
  packages using the FDL. It's about 'how do I relicense stuff in non-FDL
  licenses'.
 
 The next logical step is 'how do I rename Debian GNU/Linux' to 'Debian
 Linux', I presume.

No, it is not.

 To my knowledge, only a very vocal minority of Debian Developers
 argues for the removal of documentation licensed under the GFDL (and
 even their views are far from consistent).  You guys might be putting
 the future of the project at risk, without actually realizing what you
 are doing.

Please do not consider me part of that 'vocal minority', as you describe
it.

It may not be my opinion that the FDL is suitable for things I,
personally, wrote; that does not mean I consider it entirely non-free.
In a similar, although opposing way, even though I certainly do consider
the BSD license a free license, I would not consider it suitable for
things I, personally, write.

In fact, I have been considering one point the GNU project has pointed
out by creating the FDL: the fact that software on the one hand and
'normal' writings on the other hand are two completely different things.
I believe that many Debian Developers agreed with the DFSG because they
are the Debian Free Software Guidelines, not the Debian Freeness
Guidelines, or sth similar.

However, since I'm currently still forming my opinion on that subject,
I'd rather not discuss it -- at least not yet.

-- 
Wouter Verhelst
Debian GNU/Linux -- http://www.debian.org
Nederlandstalige Linux-documentatie -- http://nl.linux.org
An expert can usually spot the difference between a fake charge and a
full one, but there are plenty of dead experts. 
  -- National Geographic Channel, in a documentary about large African beasts.



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Re: migrating away from the FDL

2003-07-19 Thread Andrew Suffield
On Sat, Jul 19, 2003 at 06:26:17PM +0200, Wouter Verhelst wrote:
 No, this is not a mail about large-scale bugs I intend to file about
 packages using the FDL. It's about 'how do I relicense stuff in non-FDL
 licenses'.
 
 In the past few years, I wrote some manpages and one larger document
 which I all licensed under the FDL. Although I did not read the FDL's
 text at the time, due to the fuzz I heard being made about the FDL I
 recently did so, and although I do not agree with all the arguments I've
 seen in this mailinglist's archives, I certainly do agree with some of
 them. As a result, I want to relicense all my FDL-licensed documents
 under another license (GPLv2).
 
 My question is: what's the right way to do this? If all contributors
 agree, can I just drop the FDL from my 'legalese' paragraphs, replacing
 it with a reference to the GPL, or do I have to mention the fact that
 previous versions were licensed under the FDL? Do I have to wait for a
 new update of those documents, or can I just go ahead and change the
 license without changing the licensed text?
 
 Any insights would be appreciated.

Seen this?

http://lists.debian.org/debian-legal/2003/debian-legal-200307/msg00052.html

That's as bulletproof as I could make it. It should suffice in any
reasonable jurisdiction.

-- 
  .''`.  ** Debian GNU/Linux ** | Andrew Suffield
 : :' :  http://www.debian.org/ | Dept. of Computing,
 `. `'  | Imperial College,
   `- --  | London, UK


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Re: migrating away from the FDL

2003-07-19 Thread Dylan Thurston
In article [EMAIL PROTECTED], Wouter Verhelst wrote:
 In fact, I have been considering one point the GNU project has pointed
 out by creating the FDL: the fact that software on the one hand and
 'normal' writings on the other hand are two completely different things.
 I believe that many Debian Developers agreed with the DFSG because they
 are the Debian Free Software Guidelines, not the Debian Freeness
 Guidelines, or sth similar.
 
 However, since I'm currently still forming my opinion on that subject,
 I'd rather not discuss it -- at least not yet.

By 'normal' writings, do you include documentation?  If so, please
note that Richard Stallman does _not_ advocate different standards of
freedom for documentation and for software, according to, for instance,
http://lists.debian.org/debian-legal/2003/debian-legal-200305/msg00593.html
Let me quote the relevant paragraph:

 Free documentation, like free software, refers to specific freedoms.
 It doesn't mean that you can do absolutely whatever you want to do.
 ... It means you can redistribute the work, change it
 (functionally), and redistribute modified versions.  It is ok to
 have requirements on how you can do this, provided they don't
 prevent you from substantively making the functional changes you
 want to make.

Note the provisos functionally and substantively.  Based on this,
I believe that RMS would say that a program with an unremovable,
unmodifiable, 10,000 word Ode to my goldfish and no other
restrictions would be free software, although inconvenient.  I haven't
seen anyone from Debian defend that position yet.

Peace,
Dylan
(IANADD)



Joint Authors and Nonexclusive Licenses Re: Transfer of copyright on death

2003-07-19 Thread James Miller
## DISCLAIMER.  The following is not legal advice, but a
general recitation of the law.  Seek counsel of an
attorney in your jurisdiction for legal advice.

 --- Kalle Kivimaa [EMAIL PROTECTED] からのメッセー
ジ:
 Andrew Stribblehill [EMAIL PROTECTED]
 writes:
  The sole maintainer collaborated with another
 author in writing the
  program, and they have joint copyright. He would
 like to get it
  relicenced under a standard licence but the other
 author has now
  died. Is there any way to get it changed?

Joint authorship is defined in U.S. law inthe Copyright
act and requires intent by the parties to make a unitary
work that is inseparable or interdependent parts.  17 USC
101.  There's a classic case that discusses the intent and
other elements regarding a play about Jackie MOMS
Mabley.  Childress v. Taylor, 945 F.2d 500 (2nd Cir.
1991).

It looks like the authors might have been in a U.K.
jurisdiction.  You might look around at this UK link and
note the distinction with the US statutory approach. 
http://www.publicartonline.org.uk/practical/contracts/jointauthor.html

That's the law on Joint Authorship.  Assuming a US outcome
you might consider the following:


Joint authors may make all the nonexclusive licenses
they like.  Perhaps the surviving authors be interested in
this aspect.  Reading on MySQL and other dual-licensing
schemes might be useful for the surviving author.

Consider also that any exclusive license must be (have
been) in writing and with the agreement of all the joint
authors.  Perhaps the surviving author would be interested
in free software license grants on exclusive and
non-exclusive basis?

Also consider joint authorship is informed by property law
concepts of tenancy in common but there are also some
statutory gotchas regarding termination renewal and such
that relate to survivorships.  I can provide you some
citiations is you'd be interested in doing some more
reading.

Good luck.  Mail me directly if anyone would like more on
this subject.



--
James Miller
[EMAIL PROTECTED]


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