Re: A possible approach in solving the FDL problem

2003-08-15 Thread Sergey V. Spiridonov

MJ Ray wrote:

Sergey V. Spiridonov [EMAIL PROTECTED] wrote:

It is quite clear that it is not the intended way to enforce FDL. Since 
it is not fixed till now, I conclude there is no bug here.



Cool!  Until there is a fix, a bug isn't a bug?  Someone tell the RM.


Note, I meant bug in wording, not in intention.




Re: A possible approach in solving the FDL problem

2003-08-15 Thread Branden Robinson
On Thu, Aug 14, 2003 at 03:34:22PM -0400, Anthony DeRobertis wrote:
 On Wednesday, Aug 13, 2003, at 20:36 US/Eastern, Sergey V. Spiridonov 
 wrote:
 You can buy a bit freedom for money,
 
 Freedom is a birthright.

Given his surname, Mr. Spiridonov may come from a cultural background
where this sort of assertion provokes howls of laughter.  In some places
in the world, your only birthright is a life of hard labor in the Gulag,
or a bullet in the head followed by a hasty burial in a shallow grave.

But hey, give the U.S. another four years of Bush, Ashcroft, Rove, and
pals, and we'll likely be laughing at the naïveté of our revolutionary
Founders as well.

-- 
G. Branden Robinson|Somewhere, there is a .sig so funny
Debian GNU/Linux   |that reading it will cause an
[EMAIL PROTECTED] |aneurysm.  This is not that .sig.
http://people.debian.org/~branden/ |


pgpNyb1oGCHXo.pgp
Description: PGP signature


Re: A possible approach in solving the FDL problem

2003-08-15 Thread Branden Robinson
On Thu, Aug 14, 2003 at 08:20:29PM -0600, John Galt wrote:
 _MAI Systems v. Peak Computer_ (991 F.2d 511) says otherwise.  To quote
 part: The district court's grant of a summary judgment on MAI's claims of
 copyright infringement reflects its conclusion that a 'copying' for
 purposes of copyright law occurs when a program is transferred from a
 permanent storage device to a computer's RAM.  This conclusion is
 consistent with its finding, in granting the preliminary injunction, that:
 'the loading of copyrighted software from a storage medium (hard disk,
 floppy disk, or read only memory) into the memory of a central processing
 unit (CPU) causes a copy to be made.  In the absence of ownership of the
 copyright or express permission by license, such acts constitute copyright
 infringement.'  We find that this conclusion is supported by the record
 and the law.

Holy shit, I think we may just have seen John Galt's first useful post
to a Debian mailing list _ever_.

Congratulations, second assistant bookkeeper[1]!

[1] If you got that reference, you should consider joining RA[2].
[2] If you got the original reference, should have no trouble figuring
out what that acronym expands to.

-- 
G. Branden Robinson|  Intellectual property is neither
Debian GNU/Linux   |  intellectual nor property.
[EMAIL PROTECTED] |  Discuss.
http://people.debian.org/~branden/ |  -- Linda Richman


pgpzTdcutJZM2.pgp
Description: PGP signature


Re: A possible approach in solving the FDL problem

2003-08-15 Thread Sergey Spiridonov

Peter S Galbraith wrote:


The GPL takes away the freedom to redistribute works as closed sources
or unmodifiable.  But it enforces the freedoms we want.  It protects the


This is what I name deal. You claim to resist it, because your cow 
will be disappointed.

--
Best regards, Sergey Spiridonov




Re: A possible approach in solving the FDL problem

2003-08-15 Thread Sergey Spiridonov

Steve Langasek wrote:

 the point of it.  The sacred cow in question is the *DFSG*, a set of
 principles that form the basis for this list's decisions about what is
 considered free enough for inclusion in Debian.  Your notion that the

It is not only one-way. DFSG itself should be updated if it becomes out 
of date.

--
Best regards, Sergey Spiridonov




Re: A possible approach in solving the FDL problem

2003-08-15 Thread Anthony DeRobertis
On Thu, 2003-08-14 at 17:02, Jimmy Kaplowitz wrote:

 Ummm... stupid as it sounds, inflammable actually does mean roughly the
 same thing as flammable. It's related to the verb to inflame. 

Agreed. I just don't like it because it's an extra syllable and extra
two letters for no good reason. Sort of like irregardless


signature.asc
Description: This is a digitally signed message part


Re: Bug#202723: perl-doc: Non-free manpage included

2003-08-15 Thread Abigail
On Fri, Aug 15, 2003 at 01:24:09AM -0500, Branden Robinson wrote:
 On Thu, Aug 14, 2003 at 04:57:09PM -0400, Mark Jason Dominus wrote:
  I am the original author of the manual page in question.  I am
  presently negotiating with CMP, who acquired the Perl Journal a few
  years ago, to obtain complete and unambiguous copyright on the
  article.  If I succeed, I will release the original article and
  'perlreftut', the derived manpage, under the GNU FDL or whatever other
  license the Debian maintainers think appropriate.  
 
 Sounds great!  Thanks for letting the Debian Legal team know about this.
 
 I should advise you though, in all fairness, that the GNU FDL (any
 version released to date) is not regarded by the Debian Project as a
 DFSG-free[1] license, so relicensing the works in question under the GNU
 FDL alone would not result in a material difference in their handling by
 the Debian Project.
 
 One reason for this assessment by the Debian Project is that the GNU FDL
 is not GNU GPL-compatible, so it is not possible for third parties to
 move FDL-licensed documentation into Perl code via POD, for instance, at
 least not without negotiating with the copyright holder of the GNU
 FDL-licensed documentation.
 
 Using the GNU FDL may make the works more appealing to some other
 organizations, however.
 
 I personally recommend multi-licensing the works under the GNU GPL v2,
 the Clarified Artistic License, and (if your wish), a version of the GNU
 FDL.


Note that from what I have gathered from the mailinglist archive, it's
not just that perlreftut is only AL, it's also that the license only
allows you to distribute it with the Perl distribution, you can't for
instance make a site collecting documentation, and put perlreftut there.



Abigail



Re: A possible approach in solving the FDL problem

2003-08-15 Thread Wouter Verhelst
Op do 14-08-2003, om 23:46 schreef Branden Robinson:
 On Thu, Aug 14, 2003 at 11:08:35AM +0200, Wouter Verhelst wrote:
  It's a /feeling/. Hence, I said 'I /feel/ that there is a difference'.
 
 Yes; most proponents of the
 less-freedom-for-documentation-than-for-software crowd appear to be
 operating at the bellyfeel level.

What's wrong with that?

There are many examples of situations where people feel that there's a
difference between the meaning of two words, but can't really name it.
Consider fruit and vegetables; the dutch words stoel and zetel
(stoel being chair, zetel being chair as well, with the difference
being that a zetel is usually situated in the salon, although that's
not the entire definition). There are probably others; the difference
between documentation and programs may be one as well.

The fact that we have a problem defining the difference between the two
should not mean we can not or should not consider it.

-- 
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.



signature.asc
Description: Dit berichtdeel is digitaal ondertekend


Re: A possible approach in solving the FDL problem

2003-08-15 Thread Wouter Verhelst
Op do 14-08-2003, om 20:41 schreef Anthony DeRobertis:
 On Wednesday, Aug 13, 2003, at 13:51 US/Eastern, Fedor Zuev wrote:
 
  Of course, you can claim that the very special definition of
  software
 
 As an aside, I'd like to note that several reputable dictionaries agree 
 with the definition of software being the part of the computer that is 
 not hardware. So it's not my very own special definition; quite the 
 opposite, its a common usage of the word.

There are also several dictionaries that disagree with that definition;
and, more importantly, many people, and even Debian Developers, do so.

Even if we're not going to make that distinction between computer
programs and documentation (which I, personally, think is preferable),
we should at the very least avoid confusion by clarifying the intended
meaning of the word 'software' in the context of the text of the DFSG.

[...]

-- 
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.



signature.asc
Description: Dit berichtdeel is digitaal ondertekend


Re: A possible approach in solving the FDL problem

2003-08-15 Thread Wouter Verhelst
Op vr 15-08-2003, om 08:55 schreef Sergey V. Spiridonov:
   gotten with blood, sweat, and tears.  Those who have paid for their
 
  You can buy a bit freedom for money,
 
  Freedom is a birthright. If you have to pay for it, you're not free. 
 
 Can you buy a closed proprietary code and than realease it under GPL?

Yes. It probably depends on the amount of money you spend, and on what
exactly you buy, but it's very possible to do so...

If you don't have the right to release it under the GPL after you payed
for it, it's still not free.

-- 
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: A possible approach in solving the FDL problem

2003-08-15 Thread Sergey Spiridonov

Wouter Verhelst wrote:


You can buy a bit freedom for money,


Freedom is a birthright. If you have to pay for it, you're not free. 


Can you buy a closed proprietary code and than realease it under GPL?


Yes. It probably depends on the amount of money you spend, and on what
exactly you buy, but it's very possible to do so...


Thank you Wouter.
--
Best regards, Sergey Spiridonov




Re: A possible approach in solving the FDL problem

2003-08-15 Thread Jacobo Tarrio
O Venres, 15 de Agosto de 2003 ás 12:49:21 +0200, Wouter Verhelst escribía:

 we should at the very least avoid confusion by clarifying the intended
 meaning of the word 'software' in the context of the text of the DFSG.

 Well, in that context, software means everything you can store in a CD,
or everything you can transmit through a computer network.

-- 

   Tarrío
(Compostela)



Re: A possible approach in solving the FDL problem

2003-08-15 Thread Bernhard R. Link
* Fedor Zuev [EMAIL PROTECTED] [030814 21:42]:
 On Wed, 13 Aug 2003, Bernhard R. Link wrote:
So while most jurisdictions may have different terms and some
may even state the term software in their laws (I guess most
will more likely take an more exact wording and only the
commentary refer to software), we still have to find a suitable
definition which of its meanings we want it to mean.

   Please note that there is  substantional difference between
 word may (or can) and word is. You read to me long lecture on
 how the world may be arranged. Very accurate lecture, without doubt.
 But I not talked about how world may be arranged. I talked about how
 the world _is_ arranged. According to my poor knowledge, of course.
 You see any factual mistake in my statements? Let's discuss it.

What I was trying to say is: It does not matter at all how world is.
Some legislations may use the word software for something, but it does
not matter at all. And it does not matter which meaning we choose.
(As it does not matter if all newspapers of this world call something
 murder, a court has to decide based on the definition given in law
 and law's commentaries if it is murder or manslaughter)

And just saying all digital data is software is the easiest and
most elegant meaning in this context.
 
   In which context?

In the context of which definiton for the word Software in the DFSG
and other agreements within Debian is the reasonable.

It think the most important difference between computer programs
and non-computer-programs here in Germany is the ability to
protect non-human-generated pieced (like compiled computer
programs). Everything
 
   Printed books copyrighted from the very beginning of
 copyright regime.

What is copyrightable in a printed book? I only know of the text
it contains and perhaps the layout used.
If a computer wrote the text or created the layout, it will not
be protected as far as i know.

Hochachtungsvoll,
  Bernhard R. Link

-- 
Sendmail is like emacs: A nice operating system, but missing
an editor and a MTA.



Re: A possible approach in solving the FDL problem

2003-08-15 Thread Wouter Verhelst
Op vr 15-08-2003, om 13:57 schreef MJ Ray:
 Jacobo Tarrio [EMAIL PROTECTED] wrote:
  O Venres, 15 de Agosto de 2003 s 12:49:21 +0200, Wouter Verhelst escriba:
  we should at the very least avoid confusion by clarifying the intended
  meaning of the word 'software' in the context of the text of the DFSG.
   Well, in that context, software means everything you can store in a CD,
  or everything you can transmit through a computer network.
 
 Has this ever really been unclear, or did some new developers just fail
 to think about it?

As has been shown several times on this list now, not everyone
understands 'software' as it is intended. Adding a note, clarifying the
meaning seems like the right thing to do to me.

-- 
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.



signature.asc
Description: Dit berichtdeel is digitaal ondertekend


Re: Bug#202723: perl-doc: Non-free manpage included

2003-08-15 Thread Peter S Galbraith
Branden Robinson [EMAIL PROTECTED] wrote:

 On Thu, Aug 14, 2003 at 04:57:09PM -0400, Mark Jason Dominus wrote:
  I am the original author of the manual page in question.  I am
  presently negotiating with CMP, who acquired the Perl Journal a few
  years ago, to obtain complete and unambiguous copyright on the
  article.  If I succeed, I will release the original article and
  'perlreftut', the derived manpage, under the GNU FDL or whatever other
  license the Debian maintainers think appropriate.  
 
 Sounds great!  Thanks for letting the Debian Legal team know about this.
 
 I should advise you though, in all fairness, that the GNU FDL (any
 version released to date) is not regarded by the Debian Project as a
 DFSG-free[1] license, so relicensing the works in question under the GNU
 FDL alone would not result in a material difference in their handling by
 the Debian Project.
 
 One reason for this assessment by the Debian Project is that the GNU FDL
 is not GNU GPL-compatible, so it is not possible for third parties to
 move FDL-licensed documentation into Perl code via POD, for instance, at
 least not without negotiating with the copyright holder of the GNU
 FDL-licensed documentation.

I also think that you should chose a license that is compatible with the
license of the code that you are documenting, to allow cut/pasting
examples between the two.  The GFDL doesn't fulfil that.

However, just to correct Branden, being GPL-imcompatible does not make
the GFDL non-free.  There are other reasons that make the GFDL non-free.

Thanks,

Peter



Re: A possible approach in solving the FDL problem

2003-08-15 Thread Sergey Spiridonov

MJ Ray wrote:


Please explain, other than the FDL's creation, what has changed in the
nature of software and documentation that makes the DFSG outdated?


1. It seems that DFSG does not make clear which version of 2 possible 
software definitions it mean. Probably there was only one definition 
at the time DFSG was created (or one definition was just missed).


2. New license which depends on differnce between software and 
documentation appears.

--
Best regards, Sergey Spiridonov






Re: A possible approach in solving the FDL problem

2003-08-15 Thread MJ Ray
Wouter Verhelst [EMAIL PROTECTED] wrote:
 I know; I meant 'clarifying it for people who read the text'. That means
 adding a note before or after the text of the DFSG and/or the SC which
 says something along the lines of...

I look forward to seeing your copy of the SC and DFSG where every word
is linked to the correct alternative in a dictionary definition.

If that isn't your intent, I ask you to consider starting a Debian
Dictionary Review Project, so that we can be sure that all developers
are using sane dictionaries when reading Debian project materials.

Alternatively, we could assume some clue.




Re: A possible approach in solving the FDL problem

2003-08-15 Thread MJ Ray
Sergey Spiridonov [EMAIL PROTECTED] wrote:
 MJ Ray wrote:
 Please explain, other than the FDL's creation, what has changed in the
 nature of software and documentation that makes the DFSG outdated?
 1. It seems that DFSG does not make clear which version of 2 possible 
 software definitions it mean. Probably there was only one definition 
 at the time DFSG was created (or one definition was just missed).

There are not two possible correct definitions of software.  The word
is not equivalent to computer programs at all.

 2. New license which depends on differnce between software and 
 documentation appears.

Where?

(The FDL does not depend on such a difference: it wasn't designed for
documentation to be free software, and seems to be impossible to use
for such.  IIRC, the FDL even has different conditions for when the
documentation is software itself, compared to paper and ink.)

-- 
MJR/slef   My Opinion Only and possibly not of any group I know.



Re: Bug#202723: perl-doc: Non-free manpage included

2003-08-15 Thread Branden Robinson
On Fri, Aug 15, 2003 at 08:39:28AM -0400, Peter S Galbraith wrote:
 However, just to correct Branden, being GPL-imcompatible does not make
 the GFDL non-free.

Sorry, I didn't mean to imply that; I know it's not the case.  A
consequence of writing mail in the small hours, I guess.

GPL-incompatibility is, however, still a practical problem, because a
*lot* of Perl code in the world is dual-licensed Artistic/GPL by virtue
of being licensed under the same terms as Perl itself.

-- 
G. Branden Robinson| There's nothing an agnostic can't
Debian GNU/Linux   | do if he doesn't know whether he
[EMAIL PROTECTED] | believes in it or not.
http://people.debian.org/~branden/ | -- Graham Chapman


pgpQaWtqSsYWK.pgp
Description: PGP signature


Re: A possible approach in solving the FDL problem

2003-08-15 Thread Branden Robinson
On Fri, Aug 15, 2003 at 12:44:47PM +0200, Wouter Verhelst wrote:
 Op do 14-08-2003, om 23:46 schreef Branden Robinson:
  On Thu, Aug 14, 2003 at 11:08:35AM +0200, Wouter Verhelst wrote:
   It's a /feeling/. Hence, I said 'I /feel/ that there is a difference'.
  
  Yes; most proponents of the
  less-freedom-for-documentation-than-for-software crowd appear to be
  operating at the bellyfeel level.
 
 What's wrong with that?

You need more than that for any decision-making process where consensus
is required.

Without it, everything is subject to a veto from one person who happens
to be against something for reasons he cannot (or refuses to)
articulate.

Bellyfeels are perfectly legitimate for value judgements with little
impact beyond the individual making them.  What's your favorite song?

-- 
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.


pgptzlaA6wRq9.pgp
Description: PGP signature


Re: A possible approach in solving the FDL problem

2003-08-15 Thread Branden Robinson
On Fri, Aug 15, 2003 at 08:00:04AM +0200, Sergey V. Spiridonov wrote:
 MJ Ray wrote:
 Sergey V. Spiridonov [EMAIL PROTECTED] wrote:
 
 It is quite clear that it is not the intended way to enforce FDL. Since 
 it is not fixed till now, I conclude there is no bug here.
 
 
 Cool!  Until there is a fix, a bug isn't a bug?  Someone tell the RM.
 
 Note, I meant bug in wording, not in intention.

How do you know what the FSF's intentions are with respect to the GNU
FDL?  RMS has been extremely cagey when asked questions directly on this
point.

The FSF has published a paper explaining why the feel a free
documentation license is needed, but as far as I know they have never
gone on record as to exactly how each requirement of the GNU FDL defends
freedom.

If you have citations that will clarify these issues, please provide
them.

-- 
G. Branden Robinson|  I came, I saw, she conquered.
Debian GNU/Linux   |  The original Latin seems to have
[EMAIL PROTECTED] |  been garbled.
http://people.debian.org/~branden/ |  -- Robert Heinlein


pgpA0ZprHhzBq.pgp
Description: PGP signature


Re: A possible approach in solving the FDL problem

2003-08-15 Thread Branden Robinson
On Fri, Aug 15, 2003 at 08:55:27AM +0200, Sergey V. Spiridonov wrote:
 The problem is that GPL trades away some freedoms and some people 
 think it is inconsistent with Debian way.

Such people are free to join the NetBSD Project.  Works licensed under
the GNU GPL have been embraced by the Debian Project from its inception.

-- 
G. Branden Robinson|
Debian GNU/Linux   |   // // //  / /
[EMAIL PROTECTED] |   EI 'AANIIGOO 'AHOOT'E
http://people.debian.org/~branden/ |


pgpWDy1TRCtyZ.pgp
Description: PGP signature


Re: A possible approach in solving the FDL problem

2003-08-15 Thread Branden Robinson
On Fri, Aug 15, 2003 at 01:09:09PM +0200, Sergey Spiridonov wrote:
 Wouter Verhelst wrote:
 Can you buy a closed proprietary code and than realease it under GPL?
 
 Yes. It probably depends on the amount of money you spend, and on what
 exactly you buy, but it's very possible to do so...
 
 Thank you Wouter.

That doesn't buy freedom, it buys a work.

-- 
G. Branden Robinson|It is the responsibility of
Debian GNU/Linux   |intellectuals to tell the truth and
[EMAIL PROTECTED] |expose lies.
http://people.debian.org/~branden/ |-- Noam Chomsky


pgpzDNQd134m0.pgp
Description: PGP signature


Re: A possible approach in solving the FDL problem

2003-08-15 Thread Jimmy Kaplowitz
On Fri, Aug 15, 2003 at 12:25:26PM -0500, Branden Robinson wrote:
 On Fri, Aug 15, 2003 at 01:09:09PM +0200, Sergey Spiridonov wrote:
  Wouter Verhelst wrote:
  Can you buy a closed proprietary code and than realease it under GPL?
  
  Yes. It probably depends on the amount of money you spend, and on what
  exactly you buy, but it's very possible to do so...
  
  Thank you Wouter.
 
 That doesn't buy freedom, it buys a work.

It can buy freedom, depending on what exactly you buy, as Wouter said.
Imagine that you buy the right to relicense the work under a license of
your choosing. That would probably [depend] on the amount of money you
spend, [...] but it's very possible to do so, as Wouter said. Of
course, the purchaser would also need to want to use the GPL for the new
license

- Jimmy Kaplowitz
[EMAIL PROTECTED]



Re: A possible approach in solving the FDL problem

2003-08-15 Thread Jeremy Hankins
Jimmy Kaplowitz [EMAIL PROTECTED] writes:

 It can buy freedom, depending on what exactly you buy, as Wouter said.
 Imagine that you buy the right to relicense the work under a license of
 your choosing. That would probably [depend] on the amount of money you
 spend, [...] but it's very possible to do so, as Wouter said. Of
 course, the purchaser would also need to want to use the GPL for the new
 license

You buy control.  You give freedom.  It may seem like a detail, but I
think it's a telling one.

Of course, I'm no longer clear how this relates to the discussion.

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



Re: A possible approach in solving the FDL problem

2003-08-15 Thread Brian T. Sniffen
Jimmy Kaplowitz [EMAIL PROTECTED] writes:

 On Fri, Aug 15, 2003 at 12:25:26PM -0500, Branden Robinson wrote:
 On Fri, Aug 15, 2003 at 01:09:09PM +0200, Sergey Spiridonov wrote:
  Wouter Verhelst wrote:
  Can you buy a closed proprietary code and than realease it under GPL?
  
  Yes. It probably depends on the amount of money you spend, and on what
  exactly you buy, but it's very possible to do so...
  
  Thank you Wouter.
 
 That doesn't buy freedom, it buys a work.

 It can buy freedom, depending on what exactly you buy, as Wouter said.
 Imagine that you buy the right to relicense the work under a license of
 your choosing. That would probably [depend] on the amount of money you
 spend, [...] but it's very possible to do so, as Wouter said. Of
 course, the purchaser would also need to want to use the GPL for the new
 license

That buys you a capability, not a freedom.  For example, I have
freedom with respect to this computer, which had a blank drive when I
acquired it.  I've since put all sorts of software on it without
giving up any freedoms -- it's running Debian with no non-free
software.

I could pay money to Microsoft and gain the capability to install
Windows; I already have the freedom to install Windows (by paying some
money).  I could put some non-free software distributed by Debian on
here, giving me the capability to run that software... but I've
already got the freedom to run that software.

So no, buying closed proprietary code and releasing it under the GPL
(e.g., Blender) does not give me any freedoms I didn't have before.
It merely gives me technical capabilities I hadn't had before.
You can't give me freedom.  I've got it innately, unless I relinquish
it or it is taken from me by force.

-Brian

-- 
Brian T. Sniffen[EMAIL PROTECTED]
   http://www.evenmere.org/~bts/



Re: Should our documentation be free? (Was Re: Inconsistencies in our approach)

2003-08-15 Thread Anthony DeRobertis
On Thursday, Aug 14, 2003, at 02:42 US/Eastern, Sergey V. Spiridonov 
wrote:



MJ Ray wrote:

Sergey V. Spiridonov [EMAIL PROTECTED] wrote:
[...] There is a definition which says that documentation can be a 
part of the software, but I failed to find a definition which makes 
no difference between software and documentation.

This was a nice try to change the point under discussion.  It was not
claimed that software and documentation are homonyms, AFAIK.  Instead,


Are you sure?


I'm sure its not relevant. All that's relevant is if documentation 
stored on a computer is software.


There is dead tree (e.g., a book) documentation. There is electronic 
documentation (e.g., a PDF file). The only thing relevant is the 
question:


For the purposes of the Social Contract, is electronic
documentation software?

If yes, the DFSG applies to it. If no, all documentation must be 
removed from Debian. Amendments to the Social Contract could change the 
results here, of course.




Re: A possible approach in solving the FDL problem

2003-08-15 Thread Anthony DeRobertis

On Thursday, Aug 14, 2003, at 13:40 US/Eastern, Fedor Zuev wrote:


JKHowever, if you _make_ a copy by using the cp command on your own
JKsystem, you are subject to the rule you quoted, and you can't put 
it on

JKan encrypted filesystem.

Again. You demand from licensce to cure a problem,
nonexistent under any jurisdiction I heard about.

Computer is a single tangible medium, and any internal
technological process whithin it, you aware or even not aware about
[...] is completely irrelevant to the copyright, and, consequently, 
licences.


a) You have completely ignored the argument about encrypted backups.
b) You have failed to consider giving encrypted copies to others. For
   example, over a SSL (secure) website. Or when opportunistic
   IPSec is common
c) Title 17 USC Sec. 117(a).
d) the precedent of the Napster case, and various others



Re: Inconsistencies in our approach

2003-08-15 Thread MJ Ray
Fedor Zuev [EMAIL PROTECTED] wrote:
 There is no reason to think that Stallman is an idiot and can not
 see these semi-trivial arguments, presented here against GFDL.
 Contrary, in the past Stallman so many times was right, in very
 pragmatical sense of right, whereas virtually everyone else was
 wrong, so he shall be far more credible than random subscriber of
 debian-legal. So, it may as well be seen as the test case for the
 DFSG as for the GFDL.

Ehe.  In the past, Stallman and FSF have communicated answers to the
questions raised about their licences.  For example, there is a lot
of material about the GPL, including a FAQ, on www.fsf.org For the GNU
FDL, so far they have not provided much information beyond some mailing
list participation that didn't answer some of the original questions,
unless ftpmaster or others have emails they're not telling us about.
In the absence of their data, we have to work with what we have.
In God we trust.  All others must bring data.  I'm quite sure that
Stallman doesn't claim to be God, given his reported views.

If people reading this list can cause FSF to provide more data, please
do so.  Personally, I am particularly interested in any legal reasoning,
especially behind the FDL being incompatible with free software.
Summaries of the concerns of others have been posted to this list at
intervals over the last few years and submitted to FSF consultations.

   Same for RFCs. It is the root of the Internet, which, in
 order, is the material root of the many most valuable modern
 freedoms.

I doubt that they really thought about things like the freedoms given
to users of text files of their documents.

-- 
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/



Re: A possible approach in solving the FDL problem

2003-08-15 Thread Anthony DeRobertis


On Friday, Aug 15, 2003, at 05:30 US/Eastern, Sergey Spiridonov wrote:


It is not only one-way. DFSG itself should be updated if it becomes 
out of date.


No one so far has proposed any update. Some people has speculated that 
maybe, just maybe there could be a change which would give 
documentation a different set of requirements.


If you have a specific proposal for how to change the Social Contract, 
there is a GR procedure for that. Maybe.




Re: Inconsistencies in our approach

2003-08-15 Thread Joe Moore
Fedor Zuev said:
   For example GFDL, unlike any free software licences,
 specifically grant to user the rights for publicly display licenced
 work and right to translate it. For the software, these rights not
 exist as separate exclusive rights, or almost useless. But for the
 documentation, as well as for artistic works these rights may be
 essential, especially right of translation. Why you think that
 grant these rights is less free than not grant it?

The GFDL does not grant the right of translation for the work.  It grants
the right of translation only for the non-invariant sections.  You can not
remove large blocks of English text from a Russian translation of the GNU
Emacs manual.

In contrast, you can translate a {document,program,other work} licensed
under the GPL, in its entirety.

--Joe




Re: Should our documentation be free? (Was Re: Inconsistencies in our approach)

2003-08-15 Thread Anthony DeRobertis
On Thursday, Aug 14, 2003, at 19:02 US/Eastern, Sergey V. Spiridonov 
wrote:


Let's say there is documentation and programs which intersects in 
software. Any documentation which is software differs from  any 
program which is also software.


Maybe, maybe not, it doesn't matter. Debian is free _software_. They're 
the Debian Free _Software_ Guidelines.




Re: A possible approach in solving the FDL problem

2003-08-15 Thread Fedor Zuev
On Wed, 13 Aug 2003, MJ Ray wrote:

MRFedor Zuev [EMAIL PROTECTED] wrote:
MROf course, you can claim that the very special definition of
MR software should and will be used for the sole purpose of the
MR interpretation of DFSG and Social Contract.  [...]

MRYes!  We use that very special definition listed in dictionaries
MRand understood by many people here!  (Nick Phillips, for example,
MRin
MRhttp://lists.debian.org/debian-legal/2003/debian-legal-200308/msg00247.html
MR)

You want a dictionary war? OK. Lets it begin.

-

http://www.encyclopedia.com/html/c1/computer-prog.asp
http://www.bartleby.com/65/co/computer-prog.html

computer program - a series of instructions that a computer can
interpret and execute; programs are also called software 
   --

***

http://www.techweb.com/encyclopedia/defineterm?term=software

SOFTWARE - Instructions for the computer. A series of instructions
that performs a particular task is called a program.  The two
major categories of software are system software and application
software. ...

A common misconception is that software is data. It is not. Software
tells the hardware how to process the data.  Software is run. Data
are processed.

***

http://www.yourdictionary.com/ahd/s/s0540200.html
(American Heritage Dictionary)

 software
 n. Computer Science

   The programs, routines, and symbolic languages that control the
   functioning of the hardware and direct its operation.

***

http://encarta.msn.com/encnet/features/dictionary/DictionaryResults.aspx?refid=1861709912
(Encarta Enciclopedia)

 software
 noun
   programs and applications for computer: computer programs and
   applications, such as word processing or database packages, that can
   be run on a particular computer system ( often used before a noun)
   [Mid-19th century. Originally, in plural, soft goods. The modern
   sense dates from the mid-20th century.]

***

http://dictionary.cambridge.org/define.asp?key=75526dict=CALD
(Cambridge Advanced Learner's Dictionary)

 software noun [U]
   the instructions which control what a computer does; computer
   programs:
   He's written a piece of software which calculates your tax
returns for you.



http://dictionary.reference.com/search?q=software
(The Free On-line Dictionary of Computing)

  software

   programming (Or computer program, program, code) The
   instructions executed by a computer, as opposed to the
   physical device on which they run (the hardware).
   The term was coined by the eminent statistician, John Tukey.
   Programs stored on non-volatile storage built from
   integrated circuits (e.g. ROM or PROM) are usually
   called firmware.
   Software can be split into two main types - system software
   and application software or application programs. System
   software is any software required to support the production or
   execution of application programs but which is not specific to
   any particular application. Examples of system software would
   include the operating system, compilers, editors and
   sorting programs.
   Examples of application programs would include an accounts
   package or a CAD program. Other broad classes of
   application software include real-time software, business
   software, scientific and engineering software, embedded
   software, personal computer software and artificial
   intelligence software.
   Software includes both source code written by humans and
   executable machine code produced by assemblers or
   compilers. It does not usually include the data processed
   by programs unless this is in a format such as multimedia
   which depends on the use of computers for its presentation.
   This distinction becomes unclear in cases such as spread
   sheets which can contain both instructions (formulae and
   macros) and data. There are also various intermediate
   compiled or semi-compiled, forms of software such as
   library files and byte-code.
   Some claim that documentation (both paper and electronic) is
   also software. Others go further and define software to be
   programs plus documentation though this does not correspond
  -
   with common usage.
   --
   The noun program describes a single, complete and
   more-or-less self-contained list of instructions, often stored
   in a single file, whereas code and software are
   uncountable nouns describing some number of instructions which
   may constitute one or more programs or part thereof. Most
   programs, however, rely heavily on various kinds of operating
   system software for their execution. The nounds code and
   software both refer to the same thing but code tends to
   suggest an interest in the implementation details whereas
  software is more of a user's term.


***

http://www.wikipedia.org/wiki/Software

Computer software

   (Redirected from Software)

   

Re: gif-creating applications?

2003-08-15 Thread Brian M. Carlson
On Fri, Aug 08, 2003 at 01:02:13PM +0200, Andreas Barth wrote:
 Hi

Hello.

 what's the legal status of inclusion of gif-creating applications in
 debian? Is it ok to include it in main, contrib or non-free?
 http://www.gnu.org/philosophy/gif.html says that the latest patent
 expiry is 7 July 2004, but Unisys seems to have given parts of their
 patent free (but only for non-comercial use).

Unisys has changed its collective mind several times. It is not safe to
rely on the opinion of Unisys.

 Any new uploaded code
 would go only to testing, and release if probably after patent expiry.

Actually, they would go to unstable, and then when the testing scripts
decided that it was appropriate, only then would they go to testing.

 (I'm not asking about a new programm, but of code that's already in
 non-free at the moment, so a total remove will break existing
 programms.)
 
 So, my question is:
 1. Is it ok to have gif-producing binaries in testing/main?

No. The GIF algorithm uses (in most cases) LZW (Lempel-Ziv-Welch), which
has not yet expired in Germany. We cannot include it main, because
Unisys is only willing to license the patent for it under non-commercial
terms, and those terms are not sufficient to fulfill the DFSG.

GIF-producing binaries that use only RLE (run length encoding) are not
patent-encumbered and may be placed in main.

 2. Is it ok to have gif-producing binaries in testing/non-free?

Yes, assuming the binaries otherwise would be eligible for non-free.

 3. Is it ok to have the source of gif-producing binaries in testing/main?

No. LZW is prohibited in the source and binaries. Many a developer has
had to change the orig.tar.gz file because it contains LZW code which
must be extirpated.

 I'm not a reader of debian-legal. I really would prefer if I just can
 get a verdict after your discussion, but it's probably better if you
 would Cc me on replies.

Thank you for including a proper Mail-Followup-To:. That's the best way
to get a proper response where you want it.

Please note that I am not a Debian Developer.

-- 
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


pgpRdKZOcDkUk.pgp
Description: PGP signature


Re: A possible approach in solving the FDL problem

2003-08-15 Thread Fedor Zuev
On Fri, 15 Aug 2003, Bernhard R. Link wrote:

What I was trying to say is: It does not matter at all how world is.
Some legislations may use the word software for something, but it does
not matter at all. And it does not matter which meaning we choose.
(As it does not matter if all newspapers of this world call something
 murder, a court has to decide based on the definition given in law
 and law's commentaries if it is murder or manslaughter)

Errr. No, really.

There are plenty of cases, when courts make decisions, based
not solely on reliable facts and exact terms of law, but on the
pressure of public opinion, misunderstanding of technical terms,
plain ignorance. There are even more cases when defendant fail to
defend himself just because he does not know he can. Court, as a
rule, does not do any research by its own initiative. It relies on
the arguments, presented by sides.

And for Someone will be much harder to prove that document X
is not a software, if Someone two months earlier call X a software,
say, in the mailing list. :-)


And just saying all digital data is software is the easiest and
most elegant meaning in this context.

  In which context?

In the context of which definiton for the word Software in the
DFSG and other agreements within Debian is the reasonable.

With assumption that DFSG given by gods, exists in the
vacuum and discussed by  cyborgs? Yes.

But assumption  is false.

It think the most important difference between computer programs
and non-computer-programs here in Germany is the ability to
protect non-human-generated pieced (like compiled computer
programs). Everything

  Printed books copyrighted from the very beginning of
 copyright regime.

What is copyrightable in a printed book?


Text :-)

This text not written by human, it printed by machine, but
it still copyrighted.

Copyrightable form of expression for a program is not a set
of symbols, as for literary works, but set of instrustions for
computer. This set, basically, the same both for source and compiled
form of program. As far as we can talk about instructios in source.



Re: A possible approach in solving the FDL problem

2003-08-15 Thread Andrew Suffield
On Fri, Aug 15, 2003 at 02:31:28PM -0400, Brian T. Sniffen wrote:
 So no, buying closed proprietary code and releasing it under the GPL
 (e.g., Blender) does not give me any freedoms I didn't have before.
 It merely gives me technical capabilities I hadn't had before.
 You can't give me freedom.  I've got it innately, unless I relinquish
 it or it is taken from me by force.

We have sought to disperse power, to set men and women free. That
really means: to help them discover that they are free. Everybody's
free. The slave is free. The ultimate weapon isn't this plague out in
Vegas, or any new super H-bomb. The ultimate weapon has always
existed. Every man, every woman, and every child owns it. It's the
ability to say /No/ and take the consequences. 'Fear is failure.' 'The
fear of death is the beginning of slavery.' 'Thou hast no right but to
do thy will.' The goose can break the bottle at any second. Socrates
took the hemlock to prove it. Jesus went on the cross to prove
it. It's in all history, all myth, all poetry. It's right out in the
open all the time
 -- Hagbard Celine, who was probably stoned at the time

As usual, it's like the verbal form of LSD, but once you disentangle
that you tend to avoid using the word freedom much.

-- 
  .''`.  ** Debian GNU/Linux ** | Andrew Suffield
 : :' :  http://www.debian.org/ |
 `. `'  |
   `- --  |


pgpblVBKx8ys2.pgp
Description: PGP signature


Re: Inconsistencies in our approach

2003-08-15 Thread Andrew Suffield
On Sat, Aug 16, 2003 at 03:07:37AM +0900, Fedor Zuev wrote:
   For example GFDL, unlike any free software licences,
 specifically grant to user the rights for publicly display licenced
 work and right to translate it. For the software, these rights not
 exist as separate exclusive rights, or almost useless. But for the
 documentation, as well as for artistic works these rights may be
 essential, especially right of translation. Why you think that
 grant these rights is less free than not grant it?

What are you blathering about? I can recall nobody making the argument
that this renders the GFDL non-free, or that it is even relevant.

 Modern society cannot exist anyway without citations.

Nonsense. And you're confusing quote with cite.

   For literary works may not and, IMAO, should not exist the
 freedom to fix the political or social views of the original
 author, in the other words - freedom for censorship someone's else
 work.

Sure, I'll go along with that for the sake of making this point:
Who cares? This has got nothing to do with Debian. Even if this
statement is true, it is by definition irrelevant to Debian, which
does not exist to distribute literary works, political, or social
views.

   Maybe. But there also another element in the picture. For
 GFDL. This is a not a random package from the random source with the
 random licence. This is a licence from Stallman, the inventor of the
 term free software and creator of the free software movement.

And the creator of the evil non-free GFDL, which purports to be a free
documentation license but is really a scheme to force his views on
everybody.

 There is no reason to think that Stallman is an idiot and can not
 see these semi-trivial arguments, presented here against GFDL.

He has said, here, that he will not discuss them with us because we
do not consider the GFDL to be free.

   Same for RFCs. It is the root of the Internet,

More nonsense.

 which, in
 order, is the material root of the many most valuable modern
 freedoms.

And again.

-- 
  .''`.  ** Debian GNU/Linux ** | Andrew Suffield
 : :' :  http://www.debian.org/ |
 `. `'  |
   `- --  |


pgpGLP7aZtWAc.pgp
Description: PGP signature


Re: gif-creating applications?

2003-08-15 Thread Andrew Suffield
On Fri, Aug 15, 2003 at 08:06:28PM +, Brian M. Carlson wrote:
 GIF-producing binaries that use only RLE (run length encoding) are not
 patent-encumbered and may be placed in main.

However, generating a GIF that's compressed with RLE is a complete
waste of time. You might as well use BMP, which RLE-compresses just as
well and doesn't have the stupid 256 colour limit.

LZW was the whole point of using GIF, and the only real reason why
people were willing to put up with the colour limit for so long.

-- 
  .''`.  ** Debian GNU/Linux ** | Andrew Suffield
 : :' :  http://www.debian.org/ |
 `. `'  |
   `- --  |


pgpQDUxh6Qup8.pgp
Description: PGP signature