Implicit granting of rights? (was: Bug#363061: tetex-extra: palatcm.sty is non-free)

2006-04-18 Thread Frank Küster
Hi debian-legal,

Ralf Stubner [EMAIL PROTECTED] wrote:

 On Fri, Apr 14, 2006 at 15:14 +0200, Frank Küster wrote:
 
 ,
 | %%% Copyright (C) 1994 Aloysius G. Helminck. All rights reserved. 
 | %%% Permission is granted to to customize the declarations in this 
 | %%% file to serve the needs of your installation. However, no permission
 | %%% is granted to distribute a modified version of this file under 
 | %%% its original name. 
 `

That would be just on the right side of the border set by DFSG #4 (note
that it's a TeX input file, so it is both source and used form), but

 But it doesn't even allow use - don't know whether this is implicitly
 granted? 

 I would vote for implicitly granted usage rights, but IANAL.

Can we in fact assume such implicit granting of rights?  It seems logic
to me, because there are no needs of your installation if all I may do
is meditate over the contents of the file.  But I'm not sure whether
what seems logic to me is logic in IP law...

TIA, Frank

-- 
Frank Küster
Single Molecule Spectroscopy, Protein Folding @ Inst. f. Biochemie, Univ. Zürich
Debian Developer (teTeX)



Re: clarification of doc licensing for db3/db4.2

2006-04-18 Thread dann frazier
(Top posting to continue current flow)
I've added the DPL to the CC list.

aj: do you have an opinion here, or do you think its worth delegating
this decision to someone?  See #256332 and the debian-legal
archive for background.

On Mon, Apr 10, 2006 at 04:46:02PM +1000, Andrew Donnellan wrote:
 Ask the new DPL (aj) I guess.
 
 andrew
 
 On 4/10/06, Mike Olson [EMAIL PROTECTED] wrote:
  Dann wrote:
 
   Thank you for your offer.  I think a relicensing would be the cleanest
   approach.
  
   Note that I am a Debian Developer, but I do not speak for the db
   packaging, release, or legal teams.  I hope that they'll jump in if
   they are in disagreement with any of the statements I've made here.
 
  This is going to be some work for me.  Oracle's legal department has been
  very helpful on our open source requests so far, but it's a large team and
  is not familiar with this issue yet.  I'll need to find, then brief, then
  extract approval from, the right people here.
 
  Before I do that, can I get some kind of authoritative statement from
  Debian that the effort is necessary, and that it will satisfy the concerns
  that have raised this issue for the second time?  I want to be helpful,
  but I want to be sure we are solving the problem here.  To that end,
  direction from db, release or legal -- whoever can speak for Debian --
  would be good.
  mike
 
 
 
 
 
 

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Re: Bug#256332: clarification of doc licensing for db3/db4.2

2006-04-18 Thread dann frazier
On Fri, Apr 07, 2006 at 10:37:40AM +0100, MJ Ray wrote:
 dann frazier [EMAIL PROTECTED]
  Though it maybe feasible to drop older db versions from the next
  release (I do not know if such plans exist), I believe we would still
  need to resolve this in an update to the current stable release
  (sarge).
 
 Aren't documentation bugs sarge-ignore? I'm not sure how this
 would meet something like http://people.debian.org/~joey/3.1r2/
 and so be included in a stable update.

I would classify this as a legal/licensing issue, not a documentation
issue.

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Creative Commons Attribution Share-Alike license status

2006-04-18 Thread Adriaan Peeters
Hello,

I found a few references in the archives regarding cc-by-sa, but the
comments on [1] seem to be outdated, can/will this page be updated with
comments on the 2.5 version of the licenses?

Since some of the debian-legal people are in contact with CC [2], do you
have any idea of a timeframe in which the cc-by and cc-by-sa licenses
will be DFSG-free?

Am I correct that I currently cannot upload anything that is licensed
cc-by-sa-2.5?

Thanks in advance,
Adriaan Peeters

[1] http://people.debian.org/~evan/ccsummary
[2] http://lists.debian.org/debian-legal/2006/01/msg00192.html


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Re: [FW: Proposal: Remove GPL boilerplate at the top of every G2 file]

2006-04-18 Thread MJ Ray
Michael Schultheiss [EMAIL PROTECTED]
 Is there any reason
 to keep the ~865 byte header in each file?

The GPL text says:
: It is safest to attach them to the start of each source file to most
: effectively convey the exclusion of warranty; and each file should have
: at least the copyright line and a pointer to where the full notice
: is found.

To me, the main cost if it is removed is uncertainty and risk of playing
'hunt the licence' later on, especially if some contributors retain their
copyright. Please abbreviate it, not remove it.

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Re: cube-data package

2006-04-18 Thread Francesco Poli
On Sun, 09 Apr 2006 12:39:26 -0700 Josh Triplett wrote:

 Gonéri Le Bouder wrote:
[...]
  What i want to do:
  From source:
- cube-client
- cube-server
  
  From data:
- cube-client-nonfree
- cube-server-nonfree
- cube-data
 
 Seems reasonable.
 
 If enough Free data existed to play the game (even with a vastly
 reduced dataset), you could split the data into cube-data and
 cube-data-nonfree packages, and put the Free client and server in
 main.

An alternative could be persuading upstream to relicense both engine
(client+server) and data in a DFSG-free manner.
For instance, everything could be re-released under the ZLIB license
(and provided with source code, of course!).

Let's not give up before even trying!
Cube looks impressive, but there are other games that are both
technically good *and* DFSG-free: I don't see a reason why Cube should
of course be non-free...


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Re: cube-data package

2006-04-18 Thread Gonéri Le Bouder
On Tuesday 18 April 2006 12:52, Francesco Poli wrote:
 On Sun, 09 Apr 2006 12:39:26 -0700 Josh Triplett wrote:
  Gonéri Le Bouder wrote:

 [...]

   What i want to do:
   From source:
 - cube-client
 - cube-server
  
   From data:
 - cube-client-nonfree
 - cube-server-nonfree
 - cube-data
 
  Seems reasonable.
 
  If enough Free data existed to play the game (even with a vastly
  reduced dataset), you could split the data into cube-data and
  cube-data-nonfree packages, and put the Free client and server in
  main.

 An alternative could be persuading upstream to relicense both engine
 (client+server) and data in a DFSG-free manner.
 For instance, everything could be re-released under the ZLIB license
 (and provided with source code, of course!).

 Let's not give up before even trying!
 Cube looks impressive, but there are other games that are both
 technically good *and* DFSG-free: I don't see a reason why Cube should
 of course be non-free...

Cube data files copyright are hold by a large amount of contributors. The 
majority of the works are under non free licenses. Relicensing is IMO a very 
hard task. I've important difficulty to contact just 2 authors... I can't 
imagine the work is it to contact every authors...

For a license list see:
http://goneri2.free.fr/cube/

Regards,

Gonéri



Re: cube-data package

2006-04-18 Thread Eddy Petrişor
On 4/18/06, Francesco Poli [EMAIL PROTECTED] wrote:
 On Sun, 09 Apr 2006 12:39:26 -0700 Josh Triplett wrote:
  Seems reasonable.
 
  If enough Free data existed to play the game (even with a vastly
  reduced dataset), you could split the data into cube-data and
  cube-data-nonfree packages, and put the Free client and server in
  main.

 An alternative could be persuading upstream to relicense both engine
 (client+server) and data in a DFSG-free manner.
 For instance, everything could be re-released under the ZLIB license
 (and provided with source code, of course!).

 Let's not give up before even trying!

Really?

Follow this thread:

http://lists.alioth.debian.org/pipermail/pkg-games-devel/2006-April/000831.html

 Cube looks impressive, but there are other games that are both
 technically good *and* DFSG-free: I don't see a reason why Cube should
 of course be non-free...


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Re: cube-data package

2006-04-18 Thread Francesco Poli
On Tue, 18 Apr 2006 20:32:09 +0300 Eddy Petri__or wrote:

 On 4/18/06, Francesco Poli [EMAIL PROTECTED] wrote:
[...]
  An alternative could be persuading upstream to relicense both engine
  (client+server) and data in a DFSG-free manner.
  For instance, everything could be re-released under the ZLIB license
  (and provided with source code, of course!).
 
  Let's not give up before even trying!
 
 Really?
 
 Follow this thread:
 
 http://lists.alioth.debian.org/pipermail/pkg-games-devel/2006-April/000831.html

Geeez...
Thanks for the pointer and sorry for having suggested what has already
been tried.

I think we don't need another hostile and aggressive upstream for
Debian.
At this point, MHO is: better look for a different game and forget about
Cube...

Thanks for giving it a try.



P.S.: No need to Cc: me, as long as debian-legal is among recipients.
  Thanks.

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Re: cube-data package

2006-04-18 Thread Francesco Poli
On Tue, 18 Apr 2006 23:25:47 +0200 Gonéri Le Bouder wrote:

 On Tuesday 18 April 2006 12:52, Francesco Poli wrote:
[...]
  An alternative could be persuading upstream to relicense both engine
  (client+server) and data in a DFSG-free manner.
  For instance, everything could be re-released under the ZLIB license
  (and provided with source code, of course!).
 
  Let's not give up before even trying!
[...]
 Cube data files copyright are hold by a large amount of contributors.
 The  majority of the works are under non free licenses. Relicensing is
 IMO a very  hard task. I've important difficulty to contact just 2
 authors... I can't  imagine the work is it to contact every authors...

I see.
Thanks for having tried hard to have a reasonable discussion with the
main author.

And, above all things, thanks for clarifying the (horrible) licensing
status of a game that I used to wrongly believe to be free.


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What does disclaiming a copyright mean?

2006-04-18 Thread Charles Plessy
Dear debian-legal subscribers,

As I am not a native speaker, I face difficulty of understanding the
following sentence:

 Burkhard Morgenstern hereby disclaims all copyright interest in 
DIALIGN, written by Burkhard Morgenstern and Said Abdeddaim. 

It is from the licence of the dialign program, which you can read here:

http://charles-miroir.plessy.org/debian/dialign-2.1.1/license/LICENSE.TXT

Does in mean that B. Morgenstern abandons his rights to S. Abdeddaim ?

Thank you a lot for your help,

-- 
Charles Plessy
Wako, Saitama, Japon


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Re: What does disclaiming a copyright mean?

2006-04-18 Thread Andrew Donnellan
Disclaiming a copyright means releasing into the public domain. (as in
no copyright at all). IANAL, but looking at what the license file
says, I would assume it to be copyrighted by Said Abdeddaim and
released under the LGPL, but the parts written by Burkhard Morgenstern
are PD.

andrew

On 4/19/06, Charles Plessy [EMAIL PROTECTED] wrote:
 Dear debian-legal subscribers,

 As I am not a native speaker, I face difficulty of understanding the
 following sentence:

  Burkhard Morgenstern hereby disclaims all copyright interest in
 DIALIGN, written by Burkhard Morgenstern and Said Abdeddaim. 

 It is from the licence of the dialign program, which you can read here:

 http://charles-miroir.plessy.org/debian/dialign-2.1.1/license/LICENSE.TXT

 Does in mean that B. Morgenstern abandons his rights to S. Abdeddaim ?

 Thank you a lot for your help,

 --
 Charles Plessy
 Wako, Saitama, Japon


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Re: What does disclaiming a copyright mean?

2006-04-18 Thread Seth David Schoen
Andrew Donnellan writes:

 Disclaiming a copyright means releasing into the public domain. (as in
 no copyright at all). IANAL, but looking at what the license file
 says, I would assume it to be copyrighted by Said Abdeddaim and
 released under the LGPL, but the parts written by Burkhard Morgenstern
 are PD.

I disagree.  This paragraph is boilerplate from the GPL (in the section
on applying the GPL's terms and conditions to your own work).  I believe
the goal is to have a third party (like an employer) state that it does
not have a copyright interest in a work, so that other people can rely
more easily on the licensor's statement that the licensor licenses the
work under the GPL.

The goal of the copyright disclaimer would then be to reduce uncertainty
about whether the employer might later claim copyright (perhaps because
the program could be considered a work made for hire or perhaps
because the employer's contract with the employee normally gives the
employer rights in programs written by the employee) and then try to
apply terms inconsistent with the GPL terms to it.

The person who issues a copyright disclaimer is not saying that there
is no copyright -- just that he or she doesn't claim any copyright.  I
don't know if there are court cases that interpret the effect of this
disclaimer in various jurisdictions.

-- 
Seth David Schoen [EMAIL PROTECTED] | This is a new focus for the security
 http://www.loyalty.org/~schoen/   | community. The actual user of the PC
 http://vitanuova.loyalty.org/ | [...] is the enemy.
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Re: What does disclaiming a copyright mean?

2006-04-18 Thread Andrew Donnellan
On 4/19/06, Seth David Schoen [EMAIL PROTECTED] wrote:
 Andrew Donnellan writes:

  Disclaiming a copyright means releasing into the public domain. (as in
  no copyright at all). IANAL, but looking at what the license file
  says, I would assume it to be copyrighted by Said Abdeddaim and
  released under the LGPL, but the parts written by Burkhard Morgenstern
  are PD.

 I disagree.  This paragraph is boilerplate from the GPL (in the section
 on applying the GPL's terms and conditions to your own work).  I believe
 the goal is to have a third party (like an employer) state that it does
 not have a copyright interest in a work, so that other people can rely
 more easily on the licensor's statement that the licensor licenses the
 work under the GPL.

I'll disagree further - Burkhard Morgenstern is a professor at the
University of Gottingen, and he is listed specifically as one of the
authors. If it was an employer disclaiming copyright interest,
wouldn't it be done by an authorised representative of a
company/organisation?

andrew



 The goal of the copyright disclaimer would then be to reduce uncertainty
 about whether the employer might later claim copyright (perhaps because
 the program could be considered a work made for hire or perhaps
 because the employer's contract with the employee normally gives the
 employer rights in programs written by the employee) and then try to
 apply terms inconsistent with the GPL terms to it.

 The person who issues a copyright disclaimer is not saying that there
 is no copyright -- just that he or she doesn't claim any copyright.  I
 don't know if there are court cases that interpret the effect of this
 disclaimer in various jurisdictions.

 --
 Seth David Schoen [EMAIL PROTECTED] | This is a new focus for the security
  http://www.loyalty.org/~schoen/   | community. The actual user of the PC
  http://vitanuova.loyalty.org/ | [...] is the enemy.
|  -- David Aucsmith, IDF 1999



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