Re: Free open DRM software

2004-08-10 Thread Brian Thomas Sniffen
Brian M Hunt [EMAIL PROTECTED] writes:

 I was contemplating the conundrum of open source digital rights management, 
 and would like some feedback. If someone were to write digital rights 
 software, eg. for downloading from iTunes, could they license it under a free 
 software license like the GPL, with an added clause:

 If the Program is designed to uphold digital rights management pursuant to 
 the distribution of copyrighted material, any modification to the Program to 
 undermine the terms of distribution for that copyright will violate this 
 license.   All rights to publish, redistribute, and use the modified Program 
 are revoked upon violation of this clause.   Derivative works may not modify 
 this license so as to remove this clause.

That isn't DFSG-free, no.  The last sentence also reflects a curious
understanding of how copyrights and licenses adhere to works.

Perhaps you would be satisfied with a notice that, in the US and the
EU and maybe elsewhere, it's often illegal to circumvent digital
rights management technologies -- and that while your copyright
doesn't stop them from doing so, the copyrights of others do.

Note that this *isn't* part of the license, just a note passed along
with the software.

-Brian

-- 
Brian Sniffen   [EMAIL PROTECTED]



Conditions vs. (possibly inaccurate) notices (was Re: Please pass judgement on X-Oz licence: free or nay?

2004-08-10 Thread Nathanael Nerode

Matthew Garrett wrote:
The wording of the clause is identical. Are you claiming that the
differing location of it in the license alters the situations that it
applies to?

Absolutely.

In the X11 license:

Permission is hereby granted provided that... and that... appear in 
supporting documentation.

[Warranty Disclaimer]
[Problem Clause]
[Other Stuff]

Note that only the conditions in the Permission is granted sentence 
are actually conditions on the permission grant.  The Problem Clause 
has a status equivalent to the warranty disclaimer; it's another statement.


In the X-Oz license:
Permission is hereby granted... subject to the following conditions:
1. [Other Stuff]
2. [Other Stuff]
3. [Other Stuff]
4. [Problem Clause]
[Warranty Disclaimer]

Here, the Problem Clause is *clearly* a condition on the permission 
grant.  (The Warranty Disclaimer might be, but probably isn't.)


-
Now, the BSD no-advertising clause is a condition.
So if the Problem Clause (Except as contained in this notice, the name 
of X-Oz Technologies shall not be used in advertising or otherwise to 
promote the sale, use or other dealings in this Software without prior 
written authorization from X-Oz Technologies.) is equivalent to the 
similar BSD clause (Neither the name of the ORGANIZATION nor the 
names of its contributors may be used to endorse or promote products 
derived from this software without specific prior written permission),

then it is of course fine.

However, Branden believes that the X clause is stronger and more 
restrictive.  (Which doesn't really matter if it's not a condition of 
the permission grant, but does if it is.)  We asked X-Oz if they simply 
meant it to be equivalent to the BSD clause, but we got weird nonsense 
and no useful reply.  :-(



Side topic.

Warranty disclaimers often state false things.  For instance, the 
standard disclaimer in the BSD license says IN NO EVENT SHALL THE 
COPYRIGHT OWNER OR CONTRIBUTORS BE LIABLE FOR ANY ...DAMAGES... ARISING 
IN ANY WAY OUT OF THE USE OF THIS SOFTWARE; many warranties simply 
cannot be disclaimed in many jurisdictions, the copyright owner could be 
offering a separate warranty on the software, and so forth.  The 
Problem Clause could state false things as well, but it's not actually 
a condition of the permission grant, so it's not a big deal.


I have mentioned before that making people agree to poorly drafted 
warranty disclaimers in order to use/modify/distribute software can open 
up a can of worms and may even make the software non-free.  In contrast, 
having the warranty disclaimer as a separate legal notice which must be 
preserved but is not a condition -- and this is the usual thing -- 
raises far fewer issues, if any.


The GPL does *much* better on the warranty front than most licenses 
because it includes key phrases like TO THE EXTENT PERMITTED BY 
APPLICABLE LAW and EXCEPT WHEN OTHERWISE STATED IN WRITING.  So it's 
just fine that the GPL warranty disclaimer *is* a condition, because 
it's actually properly drafted.




Re: Bug#248853: 3270: 5250 emulation code, all rights reserved

2004-08-10 Thread Nathanael Nerode

In case anyone was wondering, this is far from cleared up.  :-(


Ahh, the horror continues.

I would be happy to remove all of the Minolta-copyrighted code.
Perhaps the best choice.

Beat Rubischon has sent a nice message apparently granting permission to 
use his code under any license as long as his name is preserved 
(earlier in the bug trail) -- so for anything copyrighted by him, we're OK.


*UN*fortunately he apparently isn't the sole copyright holder of the 
5250 code.  Permission would be needed from Minolta, and I seriously 
doubt he has the right to speak for them, even though he's an employee. 
 I doubt he wants to go to the trouble of clearing this with Minolta's 
legal department.  :-(


As for the what this means paragraph in the Lineage file, that was 
written
by an idiot, and should be removed (in fact, I thought I had removed 
it already).

Well, that's simple then.  :-)

As for the Georgia Tech copyrighted code, I've been through this issue 
with
them twice over the years, and the public use language was something 
they
suggested.  I don't know what it means, either.  Shall I give it 
another go
with them, to see if they will allow a different copyright notice?  If 
so,

what kinds of notices would be acceptable?

Ideally, the MIT/X11-like license already used by most of the code; that 
would look like this:

 Copyright © 1989 by Georgia Tech Research Corporation, Atlanta, GA 30332.
 Permission to use, copy, modify, and distribute this software and its 
documentation for any purpose and without fee is hereby granted, 
provided that the above copyright notice appear in all copies and that 
both that copyright notice and this permission notice appear in 
supporting documentation.


(It could also be consolidated with the other essentially identical 
notices.)


If they don't like that, perhaps change it to hereby granted to all 
members of the public?  That's probably (hopefully) what they mean by 
public use.


Alternately, the Georgia Institute of Technology license appears to be 
an acceptable and DFSG-free license (-legal, please verify -- I'm not 
100% sure).  That, changed for Georgia Tech Research, would look like this:

 Copyright © 1989 by Georgia Tech Research Corporation, Atlanta, GA 30332.
All rights reserved except for those rights explicitly mentioned below.
Permission is granted to distribute freely or to modify and distribute 
freely any materials and information contained herein as long as the 
above copyright and all terms associated with it remain intact.


This appears to be a free, all-permissive license.  (Debian-legal should 
probably comment, of course; I am assuming that freely is not a no-fee 
restriction but simply intended to make the permission broad, and that 
copy is clearly implied by distribute.  Ideally the copyright 
holders would clarify that my interpretation is the same as theirs.)  If 
Georgia Tech Research Corporation has some relationship with the Georgia 
Institute of Technology, it might be more amenable to using a familiar 
license statement.


If none of these options work for them, we really need to figure out 
what they *want*.  If we know *why* they don't like the standard license 
used for the rest of 3270, debian-legal can probably recommend a license 
tailored to suit their needs.




Re: Netatalk and OpenSSL licencing

2004-08-10 Thread Freek Dijkstra
On 10-8-2004 00:49, Glenn Maynard [EMAIL PROTECTED] wrote:

 I propose to built netatalk (with GPL licence) against OpenSSL (a non-GPL
 licence) and distribute the whole with the GPL licence. How does that
 violate the GPL?
 
 You can't distribute the whole under the GPL.  You must adhere to the OpenSSL
 license *and* the GPL, since the binary you're distributing combines both.
 
 In order to distribute a binary under the GPL, you must grant a license
 to the entire work under the terms of the GPL (see GPL section 6).  That
 includes all code being used, regardless of what technology is being used
 to bind that stuff together (static linking, dynamic linking).  However,
 you can't do that; you don't have permission to grant me a license to
 OpenSSL under those terms.  Therefore, you can't comply with GPL#6, and
 so you can't distribute the binary.

OK. I understand your argument, but I do not agree with it, and in fact
would argue that this

Since your opinion forms the majority, that is the end of that.

For the record, this is my opinion:
If indeed, if I am ONLY distributing netatalk binary, linked to OpenSSL, but
no including OpenSSL. Then I have a program able to talk to OpenSSL is
present. However, it can just as well work without it (as long as I don't
use the features it requires OpenSSL for). So because of that, I'd say that
this makes netatalk a standalone work.
If this nonetheless *due to the GPL* (as opposed to due the OpenSSL licence)
contaminates the *WHOLE* OpenSSL package by forcing it to redistribute as
GPL (note: be aware that I do not actually distribute any actual executable
OpenSSL code! I may not distribute OpenSSL with it, or distribute it as
source). Well, this would be a violation of rule #9 of the Debian Free
Software Guidelines:

  9.  License Must Not Contaminate Other Software
  The license must not place restrictions on other software that is
  distributed along with the licensed software. For example, the
  license must not insist that all other programs distributed on the
  same medium must be free software.

If your reasoning of this contamination is correct (I personally hope it is
not, but FSF seems to think so), I argue that the above line of the DFSG
explicitly forbids to use the GPL for any component of Debian software.
Shocking...


Also for the record, if I look at the restriction imposed by the OpenSSL
licence, they are not as bad as the restrictions imposed by the GPL when it
comes to distributing a binary version of netatalk:

According to #3 of the OpenSSL licence, you must include the attribute to
the OpenSSL Group. However, you do not to place whole or part of netatalk
under the OpenSSL licence, because it does not talk about derivate works. Or
to be precise: it does not explicitly define 'derivate works' as extremely
broad, as the GPL does (but other licences like the LGPL do not). Simular to
if OpenSSL would have been under LGPL, then netatalk would also not be a
derivate work. The OpenSSL talks about redistributions in binary form.
However, since 0 bytes of OpenSSL code are shipped with the linked version,
I can only reasonably conclude that this would not apply to this particular
binary distribution of netatalk.


I will have a look in incorporating GnuTLS, even though I personally belief
that this whole thing (duplicating an effort, just because of a single line
of attribution) is a serious indication that restrictions are overrated in
our society. I knew that, but I'm currently disappointed that this also
applies to open software. To me it is not in the spirit of free as
mentioned in the Debian Social Contract. Oh well, I'll survive.

Regards,
Freek Dijkstra
(being very disappointed in the GPL now)




Re: Re: Please pass judgement on X-Oz licence: free or nay?

2004-08-10 Thread Joe Wreschnig
1. I'm on the list. Please don't Cc me.
2. Don't break threads.

On Mon, 2004-08-09 at 22:36, Nathanael Nerode wrote:
 Pay more attention.  :-)
 
 The warranty disclaimer is not a condition of the license; it's not a 
 condition of any sort, simply an assertion that there is no warranty. 
 Now if a license said provided that you accept the following 
 disclaimer, that would be a condition.

Then there are no conditions in the X license; The above copyright
notice and this permission notice shall be included in all copies or
substantial portions of the Software. is also an assertion. The verb of
obligation in question, shall, is used in this clause and the
dealings one.
-- 
Joe Wreschnig [EMAIL PROTECTED]


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


NEW ocaml licence proposal by upstream, will be part of the 3.08.1 release going into sarge.

2004-08-10 Thread Sven Luther
Hello,

Ok, find attached the new ocaml licence proposal, which will go into the ocaml
3.08.1 release, which is scheduled for inclusion in sarge.

As said previously, it fixes the clause of venue problem, and the clause QPL
6c problem.

The problems concerning QPL 3 remain, but consensus about it has been much
more dubious, so i propose we let it be right now, and revisit it maybe at a
later time, as i don't really have time for another monster debian-legal
flamewar, and am more busy getting my packages ready for the sarge release
than nit picking here.

Also, as said, it would be more constructive to let this be today, and come
back once upstream is deciding to change licence completely, which may well
happen in the next year or so, in followup to the CECILL licencing move.

Finally, i think that we have a general problem with the upstream can use
contribution in a proprietary way, since other packages seem to be affected by
this also.

Friendly,

Sven Luther

In the following, the Library refers to all files marked Copyright
INRIA in the following directories and their sub-directories:

  asmrun, byterun, camlp4, config, otherlibs, stdlib, win32caml

and the Compiler refers to all files marked Copyright INRIA in the
following directories and their sub-directories:

  asmcomp, boot, bytecomp, debugger, driver, lex, ocamldoc, parsing,
  tools, toplevel, typing, utils, yacc

The Compiler is distributed under the terms of the Q Public License
version 1.0 (included below).

The Library is distributed under the terms of the GNU Library General
Public License version 2 (included below).

As a special exception to the Q Public Licence, you may develop
application programs, reusable components and other software items
that link with the original or modified versions of the Software
and are not made available to the general public, without any of the
additional requirements listed in clause 6c of the Q Public licence.

As a special exception to the GNU Library General Public License, you
may link, statically or dynamically, a work that uses the Library
with a publicly distributed version of the Library to produce an
executable file containing portions of the Library, and distribute
that executable file under terms of your choice, without any of the
additional requirements listed in clause 6 of the GNU Library General
Public License.  By a publicly distributed version of the Library,
we mean either the unmodified Library as distributed by INRIA, or a
modified version of the Library that is distributed under the
conditions defined in clause 3 of the GNU Library General Public
License.  This exception does not however invalidate any other reasons
why the executable file might be covered by the GNU Library General
Public License.

--

   THE Q PUBLIC LICENSE version 1.0

  Copyright (C) 1999 Troll Tech AS, Norway.
  Everyone is permitted to copy and
  distribute this license document.

The intent of this license is to establish freedom to share and change
the software regulated by this license under the open source model.

This license applies to any software containing a notice placed by the
copyright holder saying that it may be distributed under the terms of
the Q Public License version 1.0. Such software is herein referred to
as the Software. This license covers modification and distribution of
the Software, use of third-party application programs based on the
Software, and development of free software which uses the Software.

Granted Rights

1. You are granted the non-exclusive rights set forth in this license
provided you agree to and comply with any and all conditions in this
license. Whole or partial distribution of the Software, or software
items that link with the Software, in any form signifies acceptance of
this license.

2. You may copy and distribute the Software in unmodified form
provided that the entire package, including - but not restricted to -
copyright, trademark notices and disclaimers, as released by the
initial developer of the Software, is distributed.

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:

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

  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.

4. You may distribute machine-executable forms of the Software or
machine-executable forms of modified versions of the 

Re: Netatalk and OpenSSL licencing

2004-08-10 Thread Glenn Maynard
On Tue, Aug 10, 2004 at 09:56:08AM +0200, Freek Dijkstra wrote:
 OK. I understand your argument, but I do not agree with it, and in fact
 would argue that this

parse error

 Since your opinion forms the majority, that is the end of that.

Well, the correct answers to legal issues are not, generally speaking,
determined by majority.

 For the record, this is my opinion:
 If indeed, if I am ONLY distributing netatalk binary, linked to OpenSSL, but
 no including OpenSSL. Then I have a program able to talk to OpenSSL is
 present. However, it can just as well work without it (as long as I don't
 use the features it requires OpenSSL for). So because of that, I'd say that
 this makes netatalk a standalone work.

I don't buy that you can circumvent the GPL simply by taking GPL code, pushing
it into a loadable module, making your proprietary code use it, and making
them two separate downloads: I can't distribute these together; in order to
get around the GPL, you'll have to download and install these separately.

 If this nonetheless *due to the GPL* (as opposed to due the OpenSSL licence)
 contaminates the *WHOLE* OpenSSL package by forcing it to redistribute as
 GPL (note: be aware that I do not actually distribute any actual executable
 OpenSSL code! I may not distribute OpenSSL with it, or distribute it as
 source). Well, this would be a violation of rule #9 of the Debian Free
 Software Guidelines:
 
   9.  License Must Not Contaminate Other Software
   The license must not place restrictions on other software that is
   distributed along with the licensed software. For example, the
   license must not insist that all other programs distributed on the
   same medium must be free software.

The GPL is placing restrictions on software that it's combined with; the
restriction is unrelated to what it is distributed along with.  None of
this changes if OpenSSL is distributed on a CD, and the user downloads the
application.

 According to #3 of the OpenSSL licence, you must include the attribute to
 the OpenSSL Group. However, you do not to place whole or part of netatalk
 under the OpenSSL licence, because it does not talk about derivate works. Or
 to be precise: it does not explicitly define 'derivate works' as extremely
 broad, as the GPL does (but other licences like the LGPL do not). Simular to

The OpenSSL license's concept of a derivative work isn't the issue; it's the
GPL's conditions being violated.  Regardless of anything the OpenSSL license
says or doesn't say, the GPL considers the binaries a derivative work. (Whether
or not that's a legally valid thing to do, the OpenSSL license's definitions
don't enter into it.)

The GPL says any work derived from this must be available under these terms.
A binary linking against OpenSSL is not available under those terms, because a
portion (OpenSSL itself) has a requirement that if (for example) you reuse any
of the code, you must include a blurb in your ads, etc.

That is, I must be able to take any part of the final binary being used, grab
its source, and use it under the terms of the GPL.  If I can't do so, something
is violating the GPL.

 I will have a look in incorporating GnuTLS, even though I personally belief
 that this whole thing (duplicating an effort, just because of a single line
 of attribution) is a serious indication that restrictions are overrated in
 our society. I knew that, but I'm currently disappointed that this also
 applies to open software. To me it is not in the spirit of free as
 mentioned in the Debian Social Contract. Oh well, I'll survive.

I don't think the advertising requirement is as minor as you make it out
to be.  It seems that if you take out a banner ad for your software, and
say Try DijkstraFtp, with SSL support!--you've mentioned a use of an
OpenSSL feature, and now you have to make it an animated GIF so you have
space to say This product includes software developed by the OpenSSL
Project for use in the OpenSSL Toolkit. (http://www.openssl.org/).
Even if that didn't trigger it, saying (powered by OpenSSL!) would.

Further, you have to have that URL--even if it's no longer valid (for
example, the website no longer accepts non-SSL connections and the only
valid URL for it is https).

#5 can become very silly, too; combine enough snippets and you can have
a work that has a requirement: 'Products derived from this software may
not be called OpenSSL, Apache, Tigris, PHP, or Sudo.'  (For an
example of why this class of restriction is annoying, you'd have trouble
reusing Apache code in ApacheTrainer, software for training Apache helicopter
pilots.)

I'm not arguing that the license isn't free; just that the GPL isn't the
only license placing annoying restrictions here.

 Regards,
 Freek Dijkstra
 (being very disappointed in the GPL now)

Lots of people become disappointed in the GPL once they personally become
the one wasting time reimplementing stuff due to incompatibilities that
the GPL deliberately causes.  I no 

Re: Netatalk and OpenSSL licencing

2004-08-10 Thread Freek Dijkstra
On 10-08-2004 11:24, Glenn Maynard [EMAIL PROTECTED] wrote:

 For the record, this is my opinion:
 If indeed, if I am ONLY distributing netatalk binary, linked to OpenSSL, but
 no including OpenSSL. Then I have a program able to talk to OpenSSL is
 present. However, it can just as well work without it (as long as I don't
 use the features it requires OpenSSL for). So because of that, I'd say that
 this makes netatalk a standalone work.
 
 I don't buy that you can circumvent the GPL simply by taking GPL code, pushing
 it into a loadable module, making your proprietary code use it, and making
 them two separate downloads: I can't distribute these together; in order to
 get around the GPL, you'll have to download and install these separately.

You indeed can not do that. But I hope you can do the reverse: take
propriatory code, push it into a loadable module, making your GPL code use
it, and make them into two seperate downloads.

Because THAT is what I wish, what you describe (which, as I understand now,
is indeed not allowed by the GPL).

As a side-note. What I want is already common practice. In particular this
is what happens in kernel development. The GNU/Linux kernel is GPL-licenced,
while a lot of hardware drivers (the loadable modules) have non-GPL
compatible licences.

Maybe I need to ask this question on one of the GNU lists.

 [Argument that GPL violates rule #9 of the DFSG snipped]
 
 The GPL is placing restrictions on software that it's combined with; the
 restriction is unrelated to what it is distributed along with.

OK. I was probably wrong there. combined with and distributed along with
are two different things. Maybe my argument holds if I refine it, but
honestly, I really hope not to prove that, so I let that rest. Thanks for
the counter-argument.

 ['Silly' requirements in the OpenSSL licenced pointed out]
  
 I'm not arguing that the license isn't free; just that the GPL isn't the
 only license placing annoying restrictions here.

I agree. Thanks.

I guess it is just that in my limited vision, GPL was 'top of the bill' and
was great because it 'allowed free software'. I now realise that things are
not as black and white. I may come over it. :-)

But I will probably use LGPL (or the MIT licence you mentioned) for my
projects in the future.

Regards,
Freek Dijkstra
(who never thought that a good argument about laws and licence could be
this exciting)




Re: NEW ocaml licence proposal by upstream, will be part of the 3.08.1 release going into sarge.

2004-08-10 Thread Joe Moore

Sven Luther wrote:

Ok, find attached the new ocaml licence proposal, which will go into the ocaml
3.08.1 release, which is scheduled for inclusion in sarge.


I would only offer one small piece of feedback, and that is that the 
license for The Compiler is described as the QPL version 1.0, while 
INRIA (with input from Debian-legal) has made some significant 
(DFSG-freeing) changes to the official TrollTech QPL 1.0.


Perhaps describing it as a modified version of the QPL 1.0, just so 
that it's clear?


It's a very minor nit, though.

--Joe



Re: NEW ocaml licence proposal by upstream, will be part of the 3.08.1 release going into sarge.

2004-08-10 Thread Sven Luther
On Tue, Aug 10, 2004 at 07:43:06AM -0400, Joe Moore wrote:
 Sven Luther wrote:
 Ok, find attached the new ocaml licence proposal, which will go into the 
 ocaml
 3.08.1 release, which is scheduled for inclusion in sarge.
 
 I would only offer one small piece of feedback, and that is that the 
 license for The Compiler is described as the QPL version 1.0, while 
 INRIA (with input from Debian-legal) has made some significant 
 (DFSG-freeing) changes to the official TrollTech QPL 1.0.
 
 Perhaps describing it as a modified version of the QPL 1.0, just so 
 that it's clear?
 
 It's a very minor nit, though.

No, the QPL itself is non-free, and doesn't allow for modification, which is
why we chose to use the pure QPL, and then the special exception.

The choice of law clause is allowed to be modified though by Trolltech, so it
is less problematic.

Friendly,

Sven Luther



Re: Free open DRM software

2004-08-10 Thread Joe Moore

Brian Thomas Sniffen wrote:

Brian M Hunt [EMAIL PROTECTED] writes:
I was contemplating the conundrum of open source digital rights management, 
and would like some feedback. If someone were to write digital rights 
software, eg. for downloading from iTunes, could they license it under a free 
software license like the GPL, with an added clause:


If the Program is designed to uphold digital rights management pursuant to 
the distribution of copyrighted material, any modification to the Program to 
undermine the terms of distribution for that copyright will violate this 
license.   All rights to publish, redistribute, and use the modified Program 
are revoked upon violation of this clause.   Derivative works may not modify 
this license so as to remove this clause.



That isn't DFSG-free, no.  


To properly ground that in the DFSG: According to DFSG #3, in general, 
restrictions on modification are not free.  While certain types of 
restrictions are allowed by other clauses (such as not allowing 
modifications that share the same name as the original work, only 
allowing derivative patches), and tradition allows certain other 
restrictions (such as requiring derivative works to maintain warranty 
disclaimers), this addition goes well beyond that.


It is arguably in violation of DFSG #6, since it discriminates against 
those who wish to modify the software for research or critical purposes. 
 (Such as someone looking for security bugs in another DRM piece may 
want to throw very large buffers into the datastream)


I'd also say that it is almost a reverse of DFSG #9, in that actions 
taken with respect to another work's license (the DRM-protected work) 
can terminate your license for the DRMreader work.  It's almost as if 
DRMreader is contaminated by the license for all DRM-protected work.


Finally, permission to use the work (particularly referring to 
computer software) is not regulated by copyright law, so it can not be 
revoked by a violation of the copyright license.


--Joe



Re: NEW ocaml licence proposal by upstream, will be part of the 3.08.1 release going into sarge.

2004-08-10 Thread Joe Moore
Sven Luther said:

 No, the QPL itself is non-free, and doesn't allow for modification, which
 is
 why we chose to use the pure QPL, and then the special exception.

 The choice of law clause is allowed to be modified though by Trolltech, so
 it
 is less problematic.

Ok, one apt-get install wdiff later, and I agree with you completely.  I
thought I had read about some wording changes to other clauses, but there
aren't any in the licenses you'd posted.

Would it be possible, though, (perhaps in the debian copyright file) to
indicate that this is not licensed under the (non-free) stock QPL, but
rather a relaxed QPL?  Just as a note for future readers?

--Joe



Re: NEW ocaml licence proposal by upstream, will be part of the 3.08.1 release going into sarge.

2004-08-10 Thread MJ Ray
On 2004-08-10 10:37:28 +0100 Sven Luther [EMAIL PROTECTED] 
wrote:



[...] as i don't really have time for another monster debian-legal
flamewar, and am more busy getting my packages ready for the sarge 
release

than nit picking here.


Well, don't post flamebait to debian-legal that seems to suggest that 
legal bugfixing is nit picking if you don't like flames :P


[...] in the next year or so, in followup to the CECILL licencing 
move.


Please, I'd appreciate any news on ocaml moving to CECILL being posted 
to debian-legal, if you can do that. TIA.



The Compiler is distributed under the terms of the Q Public License
version 1.0 (included below).


I don't think this is still the QPL after the (permitted) edits, but 
a QPL. A similar description contributed to the Oslo/Amsterdamn 
problem in the QPL summary draft.


--
MJR/slefMy Opinion Only and not of any group I know
http://www.ttllp.co.uk/ for creative copyleft computing
Please email about: BT alternative for line rental+DSL;
Education on SMEs+EU FP6; office filing that works fast



Re: NEW ocaml licence proposal by upstream, will be part of the 3.08.1 release going into sarge.

2004-08-10 Thread Sven Luther
On Tue, Aug 10, 2004 at 09:41:51AM -0500, Joe Moore wrote:
 Sven Luther said:
 
  No, the QPL itself is non-free, and doesn't allow for modification, which
  is
  why we chose to use the pure QPL, and then the special exception.
 
  The choice of law clause is allowed to be modified though by Trolltech, so
  it
  is less problematic.
 
 Ok, one apt-get install wdiff later, and I agree with you completely.  I
 thought I had read about some wording changes to other clauses, but there
 aren't any in the licenses you'd posted.
 
 Would it be possible, though, (perhaps in the debian copyright file) to
 indicate that this is not licensed under the (non-free) stock QPL, but
 rather a relaxed QPL?  Just as a note for future readers?

Euh ? Where would it say that ? And is the : 

  The Compiler is distributed under the terms of the Q Public License
  version 1.0 (included below).
  
  As a special exception to the Q Public Licence, you may develop
  application programs, reusable components and other software items
  that link with the original or modified versions of the Software
  and are not made available to the general public, without any of the
  additional requirements listed in clause 6c of the Q Public licence.

Not clear enough ? 

Friendly,

Sven Luther



Re: NEW ocaml licence proposal by upstream, will be part of the 3.08.1 release going into sarge.

2004-08-10 Thread Sven Luther
On Tue, Aug 10, 2004 at 02:48:16PM +0100, MJ Ray wrote:
 On 2004-08-10 10:37:28 +0100 Sven Luther [EMAIL PROTECTED] 
 wrote:
 
 [...] as i don't really have time for another monster debian-legal
 flamewar, and am more busy getting my packages ready for the sarge 
 release
 than nit picking here.
 
 Well, don't post flamebait to debian-legal that seems to suggest that 
 legal bugfixing is nit picking if you don't like flames :P

excessive legal bugfixing is.

 [...] in the next year or so, in followup to the CECILL licencing 
 move.
 
 Please, I'd appreciate any news on ocaml moving to CECILL being posted 
 to debian-legal, if you can do that. TIA.

Read the mailing archive, i think i posted it two times already. It will not
be the CECILL licence, but some other future licence of the same family. But
this is too early to discuss here now, and i will sure keep debian-legal
informed about any such moves.

 The Compiler is distributed under the terms of the Q Public License
 version 1.0 (included below).
 
 I don't think this is still the QPL after the (permitted) edits, but 
 a QPL. A similar description contributed to the Oslo/Amsterdamn 
 problem in the QPL summary draft.

It is the plain QPL, the only change being the choice of law, which trolltech
allowed to change, and now plainly states that the choice of law is the french
one, and nothing more.

Friendly,

Sven Luther




Re: Re: nmap license

2004-08-10 Thread Humberto Massa

You are right. this will render nmap undistributable by Debian.

--
br,M



Re: NEW ocaml licence proposal by upstream, will be part of the 3.08.1 release going into sarge.

2004-08-10 Thread MJ Ray
On 2004-08-10 15:44:48 +0100 Sven Luther [EMAIL PROTECTED] 
wrote:



On Tue, Aug 10, 2004 at 02:48:16PM +0100, MJ Ray wrote:
Please, I'd appreciate any news on ocaml moving to CECILL being 
posted to 
debian-legal, if you can do that. TIA.

Read the mailing archive, i think i posted it two times already. [...]


Please understand that I can't do everything. Tracking -legal already 
takes up a lot of my time and I'm not paid for this. You seemed to 
hear about this anyway, so it looked cheapest to ask you to continue 
telling us. That way, I hope we avoid some why didn't you warn anyone 
about this and why didn't you get involved with the discussion if 
you care accusations if relicensing goes badly for debian's users.


this is too early to discuss here now, and i will sure keep 
debian-legal

informed about any such moves.


Thanks.


The Compiler is distributed under the terms of the Q Public License
version 1.0 (included below).
I don't think this is still the QPL after the (permitted) edits, 
but [...]
It is the plain QPL, the only change being the choice of law, which 
trolltech
allowed to change, and now plainly states that the choice of law is 
the french

one, and nothing more.


Can it be described as the Q Public License version 1.0 with a change 
to choice of law instead, please?


--
MJR/slefMy Opinion Only and not of any group I know
http://www.ttllp.co.uk/ for creative copyleft computing
Please email about: BT alternative for line rental+DSL;
Education on SMEs+EU FP6; office filing that works fast



advice regarding doom-engine licences

2004-08-10 Thread Jon Dowland
Hello all,

I am emailing the list to ask your advice regarding a collection of licences
which the doom engine and related engines have been licenced under. This is in
relation to bug #264816 , `doomlegacy-sdl: combines incompatible, non-dfsg 
licences'.

The doom computer game consists of two main files - the executable and a data
file known as the IWAD. ID Software release the source of the engine under the
non-profit licence described in DOOMLIC.TXT[1]. They later released it under 
the GPL licence[2]. The IWAD is only available commercially and for that
reason all doom ports currently go in contrib[3].

Raven Software / Activision later released the heretic and hexen source code 
under a new licence[1].

I am mailing to ask your opinions of the following points:

1) The original ID licence and the heretic/hexen licence are both incompatible
   with the GPL and thus attempts to mix them result in a combination which
   cannot be included in debian nor non-free. Both licences are additionally
   not DFSG free.

2) The original ID licence and the heretic/hexen licence are compatible with
   each other.

3) the heretic/hexen licence is suitable for inclusion in non-free.

The doom licence has been discussed on -legal before[4] and the concencus
seems to have been that the original doom licence is not suitable for
inclusion in non-free. This leads me to believe that point 3 above is
incorrect.

Thank you for your help.



[1] Please find the mentioned files attached to the bug report #264816
http://bugs.debian.org/264816

[2] possibly as a result of a very popular derivation of the 
source going missing due to a single hard disk crash.

[3] Note: there is a project (which I am involved in) to create a free IWAD
and so it is not long before we can put doom engines in main:
http://freedoom.sf.net/ which has been ITPd: http://bugs.debian.org/206139

[4] http://lists.debian.org/debian-legal/1999/09/msg8.html

-- 
Jonathan Dowland
http://jon.dowland.name/



Re: NEW ocaml licence proposal by upstream, will be part of the 3.08.1 release going into sarge.

2004-08-10 Thread Sven Luther
On Tue, Aug 10, 2004 at 04:21:41PM +0100, MJ Ray wrote:
 On 2004-08-10 15:44:48 +0100 Sven Luther [EMAIL PROTECTED] 
 wrote:
 
 On Tue, Aug 10, 2004 at 02:48:16PM +0100, MJ Ray wrote:
 Please, I'd appreciate any news on ocaml moving to CECILL being 
 posted to 
 debian-legal, if you can do that. TIA.
 Read the mailing archive, i think i posted it two times already. [...]
 
 Please understand that I can't do everything. Tracking -legal already 
 takes up a lot of my time and I'm not paid for this. You seemed to 
 hear about this anyway, so it looked cheapest to ask you to continue 
 telling us. That way, I hope we avoid some why didn't you warn anyone 
 about this and why didn't you get involved with the discussion if 
 you care accusations if relicensing goes badly for debian's users.

Ok, just that i don't have the link handy, and would have to search it in the
caml list mail archive (or here). You can probably do this as well as i.

 this is too early to discuss here now, and i will sure keep 
 debian-legal
 informed about any such moves.
 
 Thanks.

No problem.

 The Compiler is distributed under the terms of the Q Public License
 version 1.0 (included below).
 I don't think this is still the QPL after the (permitted) edits, 
 but [...]
 It is the plain QPL, the only change being the choice of law, which 
 trolltech
 allowed to change, and now plainly states that the choice of law is 
 the french
 one, and nothing more.
 
 Can it be described as the Q Public License version 1.0 with a change 
 to choice of law instead, please?

Ok, will ask, but it seems overkill to me and it is not clear what is gained.

Friendly,

Sven Luther



Re: nmap license

2004-08-10 Thread MJ Ray

On 2004-08-10 02:10:02 +0100 Glenn Maynard [EMAIL PROTECTED] wrote:

As I understand it, derivative work is a specific legal term, 
defined

by law, not individual licenses.


I've been told it's not in English law, which is why licences which 
choose English law should either define it or find another expression. 
I believe it is in US law. I hope that helps you with nmap.


--
MJR/slefMy Opinion Only and not of any group I know
http://www.ttllp.co.uk/ for creative copyleft computing
Please email about: BT alternative for line rental+DSL;
Education on SMEs+EU FP6; office filing that works fast



Re: Netatalk and OpenSSL licencing

2004-08-10 Thread Bernhard R. Link
* Freek Dijkstra [EMAIL PROTECTED] [040809 13:42]:
 2. Is the netatalk upstream author correct that he cannot reasonably make
the exception (without asking all possible contributors)

Not if he want to still use code for which he only has GPL as licence
allowing him to incorporate it.

 PS: to play the devils advocate on this list: is this [EMAIL PROTECTED]$(%$ 
 really
 necessary for me as an end-user to get open-source software to work? I'd
 rather had spend all this time doing something *useful*.

Well, free software is normaly built upon taking copyright very
seriously. Be it from the we have to subvert copyright by copyleft
to abolish it or from the author's rights are human rights, but I
will allow anyone to benefit from my software if they behave well
w.r.t. ... camp, each leads to care about the exact rights you
get much more than making propietary software.

And now there is a amount of programmers who allowed their code be
used under GPL. Many won't care, many would explicitly allow when
asked, but they all contributed - formaly seen - under a licence
normaly considered to demand all of the program to not impose
any furhter restrictions on the recipients' exercise of the rights
granted herein.
And as the number of people who dislike those parts of the OpenSSL
licence causing problems is inot negligible, it is likely that there
are people who intended what they perhaps did, to disallow derived
versions having such restrictions in them.
So there is this demand not to mix with OpenSSL, that some might even
have intended. Legally there remains the question if the GPL is
enforcable with respect to dynamic linking, but disrespecting
peoples wishes what should happen with their code due to problems
in the licence is still dangerous style.

Yes, this situation sucks. I really wished it would vanish soon
by common usage of gnutls. I hope the change to LGPL was not too
late to finaly see some solution in the future.

Hochachtungsvoll,
  Bernhard R. Link



Re: Netatalk and OpenSSL licencing

2004-08-10 Thread Glenn Maynard
On Tue, Aug 10, 2004 at 12:33:14PM +0200, Freek Dijkstra wrote:
 You indeed can not do that. But I hope you can do the reverse: take
 propriatory code, push it into a loadable module, making your GPL code use
 it, and make them into two seperate downloads.

This is the same thing; they link against each other.  The GPL doesn't care
which portions of code are in a library, a module, or an executable, or
which code initiates dynamic linkage.

I prefer that; it only leads to confusion, complication and unaccounted-for
cases when licenses start talking about specific technologies.

In practice, there are some implicit boundaries that are generally agreed
on in practice; for example, the kernel tends to act as a magic licensing
firewall, such that GPL code isn't linked against the kernel or to other,
unrelated processes.  (I can't offer a legal grounding for this, though.)

 As a side-note. What I want is already common practice. In particular this
 is what happens in kernel development. The GNU/Linux kernel is GPL-licenced,
 while a lot of hardware drivers (the loadable modules) have non-GPL
 compatible licences.

Because Linus offered an interpretation to allow it.  (I personally don't
believe he has the right to do that, but it's not a battle I have the time
or inclination to wage beyond casual discussion.)

 But I will probably use LGPL (or the MIT licence you mentioned) for my
 projects in the future.

The LGPL also has problems: it effectively prohibits use of code on
proprietary architectures, such as (AFAIK) SymbianOS and most gaming
consoles (eg. Xbox).  I think the FSF wouldn't consider that a problem,
but it leads to the same reimplementation waste that the GPL does.

-- 
Glenn Maynard



Re: nmap license

2004-08-10 Thread Humberto Massa

@ 10/08/2004 15:05 : wrote Mahesh T. Pai :


Humberto Massa said on Tue, Aug 10, 2004 at 11:21:56AM -0300,:

 You are right. this will render nmap undistributable by Debian.

Who's right? and why?


 

web interface in lists.debian.org did not play nice with my work mail 
server, proxy and my mozilla. sorry.


Glenn Maynard is right:

Notwithstanding the phrase we don't consider these to be added 
restrictions, the if you execute nmap you are a derivative work 
phrase is both a NOP (it's the law that defines derivative works, not 
the license -- what the license can do is tell [via stoppel] what you 
WILL NOT consider a derivative work) and an added restriction (it's 
considering MORE things derivative than the GPL -- the GPL does not 
define derivatives, ie it gets the definition from copyright law)


In other words: either the nmap folks drop the clarification or nmap 
is non-DFSG-free *and* non-distributable (GPL+restrictions) and goes 
away from Debian. For reference and fun, one can read the reiser4 
non-plagiarism license snafu, in this same list.


--
br,M



Re: Re: Conditions vs. (possibly inaccurate) notices (was Re: Pleasepass judgement on X-Oz licence: free or nay?

2004-08-10 Thread Nathanael Nerode

Joe Wreschnig wrote:
The X license also says permission is granted subject to the following
conditions (note the plural);

What X license are you reading?  I'm reading 
http://www.x.org/Downloads_terms.html -- and it simply doesn't say 
anything of the sort.


Are we perhaps talking about entirely different licenses?



Re: Please pass judgement on X-Oz licence: free or nay?

2004-08-10 Thread Nathanael Nerode

Joe Wreschnig wrote:
1. I'm on the list. Please don't Cc me.
All right.

2. Don't break threads.
This is temporarily unavoidable.   When I get back to a decent machine

On Mon, 2004-08-09 at 22:36, Nathanael Nerode wrote:
 Pay more attention.  :-)

 The warranty disclaimer is not a condition of the license; it's not a
 condition of any sort, simply an assertion that there is no warranty.
 Now if a license said provided that you accept the following
 disclaimer, that would be a condition.

Then there are no conditions in the X license; The above copyright
notice and this permission notice shall be included in all copies or
substantial portions of the Software. is also an assertion.

Oh, we *were* looking at different licenses.  That explains why we were 
talking at cross-purposes.  :-)


In the X11 license (look at X.org) -- which I was looking at -- the 
requirement to keep notices is in a subordinate clause:


Permission is hereby granted... *provided* that the above copyright 
notice(s) and this permission notice appear in all copies of the 
Software and that both the above copyright notice(s) and this permission 
notice appear in supporting documentation.

(Emphasis mine.)

The word provided makes a difference.

What opensource.org calls the MIT license (and gnu.org calls the 
Expat license) -- which you were looking at -- is *different*:


Permission is hereby granted 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.


Here, there indeed appear to be three conditions (the three sentences 
following the colon):  retaining the copyright notice, agreeing that the 
software is provided as is, and agreeing that the authors will not be 
liable.


Note that the MIT/Expat license does *not* contain a don't-use-my-name 
clause.  The X11/X.org license does, but it's not a condition.  The X-Oz 
license does, and it is a condition.




Re: nmap license

2004-08-10 Thread Andrew Suffield
On Tue, Aug 10, 2004 at 06:32:51PM +0100, MJ Ray wrote:
 On 2004-08-10 02:10:02 +0100 Glenn Maynard [EMAIL PROTECTED] wrote:
 
 As I understand it, derivative work is a specific legal term, 
 defined
 by law, not individual licenses.
 
 I've been told it's not in English law, which is why licences which 
 choose English law should either define it or find another expression. 
 I believe it is in US law. I hope that helps you with nmap.

There's a parallel, synonymous term in UK law. Any reasonable court
should accept it as a synonym.

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


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derivatives in English law, was: nmap license

2004-08-10 Thread MJ Ray
On 2004-08-10 21:05:32 +0100 Andrew Suffield [EMAIL PROTECTED] 
wrote:



There's a parallel, synonymous term in UK law. Any reasonable court
should accept it as a synonym.


Relying on a reasonable court unless it's really certain might be seen 
as a lawyerbomb. What is the synonymous term? Given that, I wonder why 
we get so many English law (I don't know about Scottish or any others) 
licences using the sublicensing concept instead. Tradition?


--
MJR/slefMy Opinion Only and not of any group I know
http://www.ttllp.co.uk/ for creative copyleft computing
Please email about: BT alternative for line rental+DSL;
Education on SMEs+EU FP6; office filing that works fast



Re: Re: Conditions vs. (possibly inaccurate) notices (was Re: Pleasepass judgement on X-Oz licence: free or nay?

2004-08-10 Thread Joe Wreschnig
On Tue, 2004-08-10 at 14:14, Nathanael Nerode wrote:
 Joe Wreschnig wrote:
  The X license also says permission is granted subject to the following
  conditions (note the plural);
 
 What X license are you reading?  I'm reading 
 http://www.x.org/Downloads_terms.html -- and it simply doesn't say 
 anything of the sort.
 
 Are we perhaps talking about entirely different licenses?

I'm looking at the ones that are actually in Debian, according to
/usr/share/doc/xserver-common/copyright. Except for the SPI copyright,
these can also be found at
http://freedesktop.org/~xorg/X11R6.7.0/doc/LICENSE.html.

Of the X-style licenses in that file, the phrase subject to the
following conditions: is found in the SPI license, the XFree86 license,
and the X Consortium license. It is not in the license that started this
thread (which presumably is somewhere in the X.org source, and will be
in a future Debian X release). It is not found in the Open Group
license.
-- 
Joe Wreschnig [EMAIL PROTECTED]


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Re: Debian domain in Japan (Was: Please add us to debian CD vendors list)

2004-08-10 Thread Martin Schulze
Josh Triplett wrote:
 Another vendor using the Debian domain.  I'm not sure if there is
 anything we can do about it but though at least you'd like to know
 someone has done this in Japan.
  
  Hmm, should we try to claim not to use debian domain?
  I'm not familiar about domain name dispute resolution policy in .jp, but
  we are debian trademark holder in japan, so I think we could file a
  compliant against debian.co.jp.
 
 Do we really want to be going after a company which is selling Debian
 CDs and Debian server hosting, donating money to Debian, seems to be
 using the logos correctly
 (see http://debian.co.jp/catalog/legalnotice.php), links to the actual
 Debian site, and does not claim to be Debian?  All because they wrote in
 and asked to be added to the CD vendors list?

It may be worth discussing the issue with the vendor and signing a
'trademark use agreement' or something, so that this is a valid use
of the trademark and of the Debian name -- assuming it is a valid
use, of course.

Regards,

Joey

-- 
Life is too short to run proprietary software.  -- Bdale Garbee

Please always Cc to me when replying to me on the lists.



Re: Clarification of redistribution

2004-08-10 Thread Mike Olson
All,

I'm following up on a thread that's a month or so old, now.  My
apologies for the delay in closing this out.

I was unsuccessful in getting the Commons folks to work with the FSF
on a GPL-compatible commons deed.  While I believe that such a deed
would be in the interest of the community generally, I don't have the
time or throw weight to force the issue.

As a result, we'll abandon the Creative Commons Attribution-ShareAlike
license for Sleepycat's documentation.

Brian Sniffen, among others, suggested:

 The MIT/X11 license, the new BSD license, the Sleepycat license, and
 the GPL are all Free documentation licenses.  Using the same license
 as your software makes it easy to copy examples and code snippets in
 one direction, and informative information into comments in the other.

We've consulted with our attorney, and agree that the simplest solution
is to use the identical license for the documentation and the code.
Accordingly, the next release of each of our products will use the
Sleepycat public license for the documentation.

I believe that this resolves the issue that Brian Carlson raised
on July 8, regarding problems including the Berkeley DB doc suite with
the Debian distribution.

Thanks for your time and patience.  Please let me know if you have
any questions, or there is any additional follow-up necessary.

Best,
mike



Re: Re: Conditions vs. (possibly inaccurate) notices (was Re: Pleasepass judgement on X-Oz licence: free or nay?

2004-08-10 Thread Joe Wreschnig
 licenses in that file, the phrase subject to the
 following conditions: is found in the SPI license, the XFree86 license,
 and the X Consortium license. It is not in the license that started this
  ^^^
 That word shouldn't be there.

It is in the license that started this thread.

 thread (which presumably is somewhere in the X.org source, and will be
 in a future Debian X release). It is not found in the Open Group
 license.
-- 
Joe Wreschnig [EMAIL PROTECTED]


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Re: advice regarding doom-engine licences

2004-08-10 Thread Joachim Breitner
Hi,

I didn't check the sources, but from your description, if

Am Di, den 10.08.2004 schrieb Jon Dowland um 17:12:
 They later released it under the GPL licence[2].

is true, then

 1) The original ID licence and the heretic/hexen licence are both incompatible
with the GPL and thus attempts to mix them result in a combination which
cannot be included in debian nor non-free. Both licences are additionally
not DFSG free.

is not true, since if they distribute the whole source as GPL licenced,
it does not matter if they also distribute it under a different licence
- we just take and use the GPL and everything is fine. The ID-licence
therefore does not touch us. (Assuming of course, that the _whole_
source was once distributed by ID under the terms of the GPL)

so far my pov,

nomeata
-- 
Joachim nomeata Breitner
Debian Developer
  [EMAIL PROTECTED] | ICQ# 74513189 | GPG-Keyid: 4743206C
  JID: [EMAIL PROTECTED] | http://people.debian.org/~nomeata


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[Fwd: Upgrade of MySQL FLOSS License Exception]

2004-08-10 Thread Andres Salomon
FYI..

-- 
Andres Salomon [EMAIL PROTECTED]
---BeginMessage---

Greetings All,

Version 0.2 of the MySQL FLOSS License Exception has been released.

The MySQL FLOSS License Exception is an extension to the terms and
conditions of the GNU General Public License (GPL) that increases the
compatibility between the GPL and other Free Software and Open Source
licenses (such as the Apache License, the BSD license and the PHP
license).

If you distribute software based on the GPL-licensed version of MySQL,
you may be interested in reading and discussing this exception.

The text of the exception is attached to this document and is published
online at:
 * http://dev.mysql.com/doc/mysql/en/MySQL_FLOSS_License_Exception.html
 * (and at http://www.mysql.com/products/licensing/foss-exception.html)

Major changes include:
 * Removal of restrictions that made distribution of MySQL challenging
for BSD and Linux Distributions
 * Clarifications to the wording of the exception

For more detailed information on the changes made and issues addressed,
visit:
 * http://zak.greant.com:/licensing/timeline
 *
http://zak.greant.com:/licensing/rlog?f=licensing/FLOSS-
exception.txt

The exception will apply to future MySQL versions 4.0.21, 4.1.4 and
5.0.2.

You can download development versions of the 4.0.x and 4.1.x series
that include the exception from
http://downloads.mysql.com/snapshots.php

The 5.0.x series will have the exception applied as soon as we do a
code merge between the 4.1.x series and the 5.0.x series.

If you have any questions or comments, please drop me a line! If the
matter is not private or sensitive, I encourage you to do so on this
list so that others can benefit from the discussion.

Cheers!
--
Zak Greant
MySQL AB Community Advocate

MySQL FLOSS License Exception v0.2

The MySQL AB Exception for Free/Libre and Open Source Software-only
Applications Using MySQL Client Libraries (the FLOSS Exception).


Exception Intent
We want specified Free/Libre and Open Source Software (FLOSS) applications
to be able to use specified GPL-licensed MySQL client libraries (the
Program) despite the fact that not all FLOSS licenses are compatible with
version 2 of the GNU General Public License (the GPL).


Legal Terms and Conditions
As a special exception to the terms and conditions of version 2.0 of the
GPL:

1. You are free to distribute a Derivative Work that is formed entirely from
   the Program and one or more works (each, a FLOSS Work) licensed under
   one or more of the licenses listed below in section 2, as long as:

a. You obey the GPL in all respects for the Program and the Derivative
   Work, except for identifiable sections of the Derivative Work which
   are not derived from the Program, and which can reasonably be
   considered independent and separate works in themselves,

b. all identifiable sections of the Derivative Work which are not
   derived from the Program, and which can reasonably be considered
   independent and separate works in themselves,

(i) are distributed subject to one of the FLOSS licenses listed
below, and

   (ii) the object code or executable form of those sections are
accompanied by the complete corresponding machine-readable
source code for those sections on the same medium and under the
same FLOSS license as the corresponding object code or
executable forms of those sections, and

c. any works which are aggregated with the Program or with a Derivative
   Work on a volume of a storage or distribution medium in accordance
   with the GPL, can reasonably be considered independent and separate
   works in themselves which are not derivatives of either the Program,
   a Derivative Work or a FLOSS Work.

If the above conditions are not met, then the Program may only be copied,
modified, distributed or used under the terms and conditions of the GPL or
another valid licensing option from MySQL AB.

2. FLOSS License List

License name   Version(s)/Copyright Date
Academic Free License2.0
Apache Software License  1.0/1.1/2.0
Apple Public Source License  2.0
Artistic license From Perl 5.8.0
BSD license   July 22 1999
Common Public License1.0
GNU Library or Lesser General Public License (LGPL)2.0/2.1
Jabber Open Source License   1.0
MIT License (As listed in file MIT-License.txt)-
Mozilla Public License (MPL) 1.0/1.1
Open Software License2.0
PHP License  

Re: advice regarding doom-engine licences

2004-08-10 Thread Jon Dowland
On Tue, 10 Aug 2004 23:36:10 +0200, Joachim Breitner [EMAIL PROTECTED] wrote:

 I didn't check the sources, but from your description, if

 Am Di, den 10.08.2004 schrieb Jon Dowland um 17:12:
  They later released it under the GPL licence[2].

 is true, then

  1) [snip]

 is not true, since if they distribute the whole source as GPL licenced,
 it does not matter if they also distribute it under a different licence
 - we just take and use the GPL and everything is fine.

Ah yes, but only the doom source was GPL'd, not the heretic/hexen
source, which is mixed with the doom source in the legacy package (and
in a variety of engines which are not packaged for debian).

-- 
Jon Dowland



Re: Clarification of redistribution

2004-08-10 Thread Matthew Wilcox
On Tue, Aug 10, 2004 at 04:51:08PM -0400, Mike Olson wrote:
 I'm following up on a thread that's a month or so old, now.  My
 apologies for the delay in closing this out.

Not at all, thank you for pursuing this.

 I was unsuccessful in getting the Commons folks to work with the FSF
 on a GPL-compatible commons deed.  While I believe that such a deed
 would be in the interest of the community generally, I don't have the
 time or throw weight to force the issue.

I agree with you, and regret that I also have insufficient weight to
influence this.

 We've consulted with our attorney, and agree that the simplest solution
 is to use the identical license for the documentation and the code.
 Accordingly, the next release of each of our products will use the
 Sleepycat public license for the documentation.
 
 I believe that this resolves the issue that Brian Carlson raised
 on July 8, regarding problems including the Berkeley DB doc suite with
 the Debian distribution.
 
 Thanks for your time and patience.  Please let me know if you have
 any questions, or there is any additional follow-up necessary.

That's wonderful.  Thank you for being so willing to work on this.

-- 
Next the statesmen will invent cheap lies, putting the blame upon 
the nation that is attacked, and every man will be glad of those
conscience-soothing falsities, and will diligently study them, and refuse
to examine any refutations of them; and thus he will by and by convince 
himself that the war is just, and will thank God for the better sleep 
he enjoys after this process of grotesque self-deception. -- Mark Twain



Re: NEW ocaml licence proposal by upstream, will be part of the 3.08.1 release going into sarge.

2004-08-10 Thread Walter Landry
Sven Luther [EMAIL PROTECTED] wrote:
 Hello,
 
 Ok, find attached the new ocaml licence proposal, which will go into
 the ocaml 3.08.1 release, which is scheduled for inclusion in sarge.
 As said previously, it fixes the clause of venue problem, and the
 clause QPL 6c problem.

Great!

 The problems concerning QPL 3 remain,

Not so great.

 but consensus about it has been much more dubious,

I haven't seen anyone seriously dispute my analysis in

  http://lists.debian.org/debian-legal/2004/07/msg01705.html

that there is a fee involved (you questioned whether it was an
acceptable fee, not whether it was a fee at all).  Matthew Palmer
mentioned it again here

  http://lists.debian.org/debian-legal/2004/07/msg01739.html

and there was no response.  I also mentioned it here

  http://lists.debian.org/debian-legal/2004/08/msg00131.html

Unless someone comes up with something now, the argument looks pretty
clear.

 so i propose we let it be right now, and revisit it maybe at a later
 time, as i don't really have time for another monster debian-legal
 flamewar, and am more busy getting my packages ready for the sarge
 release than nit picking here.

Getting DFSG-freeness issues fixed is just as important as technical
fixes.

 Also, as said, it would be more constructive to let this be today, and come
 back once upstream is deciding to change licence completely, which may well
 happen in the next year or so, in followup to the CECILL licencing move.

Since it sounds like the ocaml authors are not interested in
completely fixing their license any time soon, it shouldn't be in
main.  If they change, and if the license is ok, then it can go into
main.

 Finally, i think that we have a general problem with the upstream
 can use contribution in a proprietary way, since other packages seem
 to be affected by this also.

Please list those packages.  I don't know of any others.

Regards,
Walter Landry
[EMAIL PROTECTED]