Re: Desert island test

2008-02-29 Thread Miriam Ruiz
2008/2/28, Sean Kellogg [EMAIL PROTECTED]:

 An actual cite to the DFSG, but it is from before my time...  of course, there
  is no explanation of how a licenses in which any changes must be sent to
  some specific place violates:

  1. Free redistribution.

1. Free Redistribution: The license of a Debian component may not
restrict any party from selling or giving away the software [...]

You are restricting people who lack the ability to send the changes
back, put in a web page, or just being in a desert island. If you
happened to have a plane accident (ref: Lost) and end up in a desert
place unconnected to the rest of the world, and happened to have a
computer and a Debian DVD there, you wouldn't be allowed -according to
the license- to modify it or distribute it among the rest of the
people in that place. That also applies to the dissident test, if
you're in a country (dictatorship or so)  where distributing some
software is severely punished for some reason, you wouldn't be able to
comply with those license terms (you couldn't set up a web page and
put the program online), and thus you couldn't give a copy of it to
your neighbor next door. You're restricting some people from selling
or giving away the software.

I hope it's clearer now.

Miry


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inaccurate upstream copyright notice

2008-02-29 Thread Thibaut Paumard

Dear legal aware folks,

I have recently adopted [1]gimp-gap. While reviewing it, I noticed  
that the copyright notice written on almost every file is inaccurate.  
It reads


 THE GIMP -- an image manipulation program
 Copyright (C) 1995 Spencer Kimball and Peter Mattis.

 etc.: standard GPL notice follows

Everything in there looks wrong:
 - the software is gimp-gap, a plug-in for GIMP, not GIMP itself;
 - the changelog spans 2002—2008;
 - the authors are not those listed above.

I sent a e-mail to one of the authors raising my concerns and asking  
him to clarify the copyright, in particular the copyright holder (is  
their intent to yield their copyright to the orignal GIMP authors?)


He answered basically that the license itself is clearly stated  
(which is true), and that since it is GPL, the copyright is  
unimportant and I shouldn't care.


Now, should I? If yes, could you give me a couple of arguments I  
could use to convince the authors to do something about it?


[1] http://packages.debian.org/sid/gimp-gap

Best regards, Thibaut.



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Re: Questions about liblouis

2008-02-29 Thread MJ Ray
Marco d'Itri [EMAIL PROTECTED] wrote:
 [EMAIL PROTECTED] wrote:
 On Tue, Feb 26, 2008 at 02:29:05PM -0800, Eitan Isaacson wrote:
  3. The translation tables that are read at run-time are considered
  part of this code and are under the terms of the GPL. Any changes to
  these tables and any additional tables that are created for use by
  this code must be made publicly available.
 This fails the desert island test, and so the package is non-free. 
 The desert island test is just something which was invented a few
 years ago by some debian-legal@ posters and is not part of the DFSG.

It seems it's first posted as a test of whether something meets DFSG 1-3
by Thomas Bushnell, BSG on 2002-01-01T22:39Z.  It's interesting to see
the complete lack of controversy then, but that's hardly conclusive.
According to some people, debian-legal was controlled by Evil in 2002
(before my time on any debian lists AFAICR, so I don't know).

Ultimately, is hacking on a desert island (or other inaccessible place)
a field of endeavour we mustn't discriminate against?  I believe so.

 Anyway, this sentence just says that these tables are licensed under the
 terms of the GPL, which makes them obviously free.

Please read the licence properly.  There are two sentences there.  The
second one says publicly available which is at best an unclear
lawyerbomb and at worst GPL-incompatible.  Also, it covers any
additional tables which may contaminate other software (DFSG 9).

Hope that helps,
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Re: Desert island test (was: Questions about liblouis)

2008-02-29 Thread MJ Ray
Sean Kellogg [EMAIL PROTECTED] wrote:
 And not grounded in the specific language of the DFSG but rather a shared 
 aspiration of what the document ought to say. I have never seen an attempt 
 to tie the three tests to specific points and thus it is impossible to debate 
 and discuss the test themselves... it has become assumed knowledge.

I posted one elsewhere in this thread.  Someone else can search the archives
for the other two.  It's not hard, but I don't remember their names.
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Re: Desert island test (was: Questions about liblouis)

2008-02-29 Thread Josselin Mouette
Le mercredi 27 février 2008 à 18:13 -0800, Sean Kellogg a écrit :
 And not grounded in the specific language of the DFSG but rather a shared 
 aspiration of what the document ought to say. I have never seen an attempt 
 to tie the three tests to specific points and thus it is impossible to debate 
 and discuss the test themselves... it has become assumed knowledge.

The tests are not meant to be extra guidelines, nor reformulations
specific guidelines, nor assumed knowledge. As the name says, they are
tests: extreme situations in which you can test how the DFSG (all of
them) apply to a piece of software in a specific case.

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Re: Desert island test

2008-02-29 Thread Sean Kellogg
On Friday 29 February 2008 02:21:51 am Miriam Ruiz wrote:
 2008/2/28, Sean Kellogg [EMAIL PROTECTED]:
  An actual cite to the DFSG, but it is from before my time...  of course,
  there is no explanation of how a licenses in which any changes must be
  sent to some specific place violates:
 
   1. Free redistribution.

 1. Free Redistribution: The license of a Debian component may not
 restrict any party from selling or giving away the software [...]

 You are restricting people who lack the ability to send the changes
 back, put in a web page, or just being in a desert island. If you
 happened to have a plane accident (ref: Lost) and end up in a desert
 place unconnected to the rest of the world, and happened to have a
 computer and a Debian DVD there, you wouldn't be allowed -according to
 the license- to modify it or distribute it among the rest of the
 people in that place. That also applies to the dissident test, if
 you're in a country (dictatorship or so)  where distributing some
 software is severely punished for some reason, you wouldn't be able to
 comply with those license terms (you couldn't set up a web page and
 put the program online), and thus you couldn't give a copy of it to
 your neighbor next door. You're restricting some people from selling
 or giving away the software.

Well, I'm not 100% convinced I'm up for a fight about the tests themselves, 
but I'll parry this particular argument and we'll see where it takes us.

The provision that I must post changes does not restrict ones ability to sell 
or give away the software, it simply imposes a constraint. This constraint is 
in no way different than the constrain imposed by the GPL that source code 
must accompany the binary. Allow me to propose my own convenient test, which 
I refer to as the Bloody Murderer Test:

While walking down the street, you are accosted by a a deranged lunatic 
hell-bent on the destruction of the Free Software Foundation with particular 
emphasis on undermining the GPL. He tells you that if you distribute any code 
licensed under the GPL with the corresponding source code, he will hunt you 
down and kill you in cold blood.

If we follow the logic of the Desert Island test (or the even more fun 
Dissident test), we plainly see that the GPL fails the Bloody Murderer Test. 
Or, we can say, the license isn't what is dictating the distributability 
(probably not an actual word...), but rather, it is the individuals situation 
that is doing the dictating. I, for one, don't believe debian should be in 
the business of ensuring every license covers every possible scenario a 
debian user might possibly, some day, find themselves in.

-Sean

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e: [EMAIL PROTECTED]


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Re: Desert island test (was: Questions about liblouis)

2008-02-29 Thread Sean Kellogg
On Friday 29 February 2008 05:29:19 am Josselin Mouette wrote:
 Le mercredi 27 février 2008 à 18:13 -0800, Sean Kellogg a écrit :
  And not grounded in the specific language of the DFSG but rather a shared
  aspiration of what the document ought to say. I have never seen an
  attempt to tie the three tests to specific points and thus it is
  impossible to debate and discuss the test themselves... it has become
  assumed knowledge.

 The tests are not meant to be extra guidelines, nor reformulations
 specific guidelines, nor assumed knowledge. As the name says, they are
 tests: extreme situations in which you can test how the DFSG (all of
 them) apply to a piece of software in a specific case.

There is a saying in the legal profession... bad facts lead to bad decisions. 
As a developer, this was hard for me to swallow. Any judicial decision should 
be able to handle any set of facts and universality should rain supreme. But 
the more case law I read the more I understood. When a ruling is first handed 
down for a novel issue it sets the baseline by which all subsequent cases 
will be judged. If the baseline is established for the worst case scenario, 
you get a decision that is so hardline, so reactionary, that the decision is 
simply unfair for those whose facts aren't as egregious.

We see this all the time with U.S. Supreme Court cases... an issue 
organization will select the most sympathetic plaintiffs from a group of 
potential plaintiffs and use their situation as the means to persue a 
judicial remedy. As an example, you don't fight for p2p rights using Pirate 
Bay as your plaintiff, you use Project Gutenberg.

The problem is the tests try to give us a judicial decision using the worst 
possible facts and then say: this is the baseline by which all subsequent 
decisions must be made. I, for one, am thankful the world beyond debian has 
rejected reactionary rule making of that nature. I don't have a lot of hope 
for debian though, as it's an organization made up of developers... insert 
obligatory quote about hammers and nails here. But, everynow and then, I 
figure it's worth making a little noise.

-Sean

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e: [EMAIL PROTECTED]



Re: Desert island test

2008-02-29 Thread Sean Kellogg
On Friday 29 February 2008 12:39:58 am Ben Finney wrote:
 Sean Kellogg [EMAIL PROTECTED] writes:
  The response implies that -legal is the final arbiter... which gives
  the impression that -legal arbitrates (which it doesn't), that it is
  final (which it isn't), and best of all, that it is always right
  (debatable?).

 I can only say in response that I get *none* of those impressions when
 I read the same text. Even with your explication above in mind, I
 can't see those impressions on a second reading of the same text. I
 really don't know where you're getting that from.

I appriciate your attempt to see my perspective. Do you at least see why the 
answer no is, at best, incomplete?

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e: [EMAIL PROTECTED]


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Re: Desert island test

2008-02-29 Thread Sean Kellogg
On Friday 29 February 2008 12:21:58 pm Mike Hommey wrote:
 On Fri, Feb 29, 2008 at 12:09:33PM -0800, Sean Kellogg wrote:
  On Friday 29 February 2008 02:21:51 am Miriam Ruiz wrote:
   2008/2/28, Sean Kellogg [EMAIL PROTECTED]:
An actual cite to the DFSG, but it is from before my time...  of
course, there is no explanation of how a licenses in which any
changes must be sent to some specific place violates:
   
 1. Free redistribution.
  
   1. Free Redistribution: The license of a Debian component may not
   restrict any party from selling or giving away the software [...]
  
   You are restricting people who lack the ability to send the changes
   back, put in a web page, or just being in a desert island. If you
   happened to have a plane accident (ref: Lost) and end up in a desert
   place unconnected to the rest of the world, and happened to have a
   computer and a Debian DVD there, you wouldn't be allowed -according to
   the license- to modify it or distribute it among the rest of the
   people in that place. That also applies to the dissident test, if
   you're in a country (dictatorship or so)  where distributing some
   software is severely punished for some reason, you wouldn't be able to
   comply with those license terms (you couldn't set up a web page and
   put the program online), and thus you couldn't give a copy of it to
   your neighbor next door. You're restricting some people from selling
   or giving away the software.
 
  Well, I'm not 100% convinced I'm up for a fight about the tests
  themselves, but I'll parry this particular argument and we'll see where
  it takes us.
 
  The provision that I must post changes does not restrict ones ability to
  sell or give away the software, it simply imposes a constraint. This
  constraint is in no way different than the constrain imposed by the GPL
  that source code must accompany the binary. Allow me to propose my own
  convenient test, which I refer to as the Bloody Murderer Test:
 
  While walking down the street, you are accosted by a a deranged lunatic
  hell-bent on the destruction of the Free Software Foundation with
  particular emphasis on undermining the GPL. He tells you that if you
  distribute any code licensed under the GPL with the corresponding source
  code, he will hunt you down and kill you in cold blood.
 
  If we follow the logic of the Desert Island test (or the even more fun
  Dissident test), we plainly see that the GPL fails the Bloody Murderer
  Test. Or, we can say, the license isn't what is dictating the
  distributability (probably not an actual word...), but rather, it is the
  individuals situation that is doing the dictating. I, for one, don't
  believe debian should be in the business of ensuring every license covers
  every possible scenario a debian user might possibly, some day, find
  themselves in.

 You're taking it in the wrong order.
 The GPL doesn't forbid you to distribute the code because of the bloody
 murderer. The dissident and the desert island tests are about
 restrictions *inside* the license, related to some situations. Here, you
 just expose a situation.

Huh? The restriction in the Desert Island test is if you make changes you 
must contribute them back...  in the Bloody Murderer Test the restriction 
is if you distribute you must also provide source. The restrictions are the 
same: if I take step A I must also take step B. For the purposes of logical 
analysis, the test are indistinguishable:

1) a step A requires step B relationship
2) an assumption that step A is entirely voluntary
3) an external situation that makes step B impossible

-Sean

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Re: Desert island test

2008-02-29 Thread Mike Hommey
On Fri, Feb 29, 2008 at 12:09:33PM -0800, Sean Kellogg wrote:
 On Friday 29 February 2008 02:21:51 am Miriam Ruiz wrote:
  2008/2/28, Sean Kellogg [EMAIL PROTECTED]:
   An actual cite to the DFSG, but it is from before my time...  of course,
   there is no explanation of how a licenses in which any changes must be
   sent to some specific place violates:
  
1. Free redistribution.
 
  1. Free Redistribution: The license of a Debian component may not
  restrict any party from selling or giving away the software [...]
 
  You are restricting people who lack the ability to send the changes
  back, put in a web page, or just being in a desert island. If you
  happened to have a plane accident (ref: Lost) and end up in a desert
  place unconnected to the rest of the world, and happened to have a
  computer and a Debian DVD there, you wouldn't be allowed -according to
  the license- to modify it or distribute it among the rest of the
  people in that place. That also applies to the dissident test, if
  you're in a country (dictatorship or so)  where distributing some
  software is severely punished for some reason, you wouldn't be able to
  comply with those license terms (you couldn't set up a web page and
  put the program online), and thus you couldn't give a copy of it to
  your neighbor next door. You're restricting some people from selling
  or giving away the software.
 
 Well, I'm not 100% convinced I'm up for a fight about the tests themselves, 
 but I'll parry this particular argument and we'll see where it takes us.
 
 The provision that I must post changes does not restrict ones ability to sell 
 or give away the software, it simply imposes a constraint. This constraint is 
 in no way different than the constrain imposed by the GPL that source code 
 must accompany the binary. Allow me to propose my own convenient test, which 
 I refer to as the Bloody Murderer Test:
 
 While walking down the street, you are accosted by a a deranged lunatic 
 hell-bent on the destruction of the Free Software Foundation with particular 
 emphasis on undermining the GPL. He tells you that if you distribute any code 
 licensed under the GPL with the corresponding source code, he will hunt you 
 down and kill you in cold blood.
 
 If we follow the logic of the Desert Island test (or the even more fun 
 Dissident test), we plainly see that the GPL fails the Bloody Murderer Test. 
 Or, we can say, the license isn't what is dictating the distributability 
 (probably not an actual word...), but rather, it is the individuals situation 
 that is doing the dictating. I, for one, don't believe debian should be in 
 the business of ensuring every license covers every possible scenario a 
 debian user might possibly, some day, find themselves in.

You're taking it in the wrong order.
The GPL doesn't forbid you to distribute the code because of the bloody
murderer. The dissident and the desert island tests are about
restrictions *inside* the license, related to some situations. Here, you
just expose a situation.

Mike


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Re: inaccurate upstream copyright notice

2008-02-29 Thread Francesco Poli
On Fri, 29 Feb 2008 12:08:28 +0100 Thibaut Paumard wrote:

[...]
 He answered basically that the license itself is clearly stated  
 (which is true), and that since it is GPL, the copyright is  
 unimportant and I shouldn't care.
 
 Now, should I? If yes, could you give me a couple of arguments I  
 could use to convince the authors to do something about it?

One argument could be that the GPL itself requires that appropriate
copyright notices accompany the work.

See GPLv2, Section 1, which grants you the permission to copy and
distribute (verbatim) copies of the source code

| provided that you conspicuously and appropriately publish on each copy
| an appropriate copyright notice and disclaimer of warranty;


I hope this helps.

My standardized disclaimers: IANAL, TINLA, IANADD, TINASOTODP.

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Re: Desert island test

2008-02-29 Thread Steve Langasek
On Fri, Feb 29, 2008 at 12:09:33PM -0800, Sean Kellogg wrote:
 The provision that I must post changes does not restrict ones ability to sell 
 or give away the software, it simply imposes a constraint. This constraint is 
 in no way different than the constrain imposed by the GPL that source code 
 must accompany the binary. Allow me to propose my own convenient test, which 
 I refer to as the Bloody Murderer Test:

What are the definitions you're using here to distinguish between a
restriction and a constraint?

I'm inclined to regard the GPL's requirement for source redistribution as a
restriction, as well.  Qualitatively, the only line I can draw between the
GPL requirement, and other requirements that are considered non-free (all
the way down the spectrum), is that the GPL's requirement is a minimal,
necessary evil for encouraging the growth of Free Software.

Well, that and the fact that the GPL is explicitly named free in the DFSG.
I don't think we should start claiming that the GPL is non-free, but
unfortunately I don't see much of a bright line separating the GPL from
licenses with further restrictions.  Yet historically, folks in Debian were
agreed that the GPL was a free license, and postcardware licenses were not.

 While walking down the street, you are accosted by a a deranged lunatic 
 hell-bent on the destruction of the Free Software Foundation with particular 
 emphasis on undermining the GPL. He tells you that if you distribute any code 
 licensed under the GPL with the corresponding source code, he will hunt you 
 down and kill you in cold blood.

 If we follow the logic of the Desert Island test (or the even more fun 
 Dissident test), we plainly see that the GPL fails the Bloody Murderer Test. 
 Or, we can say, the license isn't what is dictating the distributability 
 (probably not an actual word...), but rather, it is the individuals situation 
 that is doing the dictating. I, for one, don't believe debian should be in 
 the business of ensuring every license covers every possible scenario a 
 debian user might possibly, some day, find themselves in.

The dissident and desert island tests are proxies for real circumstances
that affect millions or billions of people in the world.  Those of us who
work on Debian (predominantly affluent and living in North America, Europe,
or the Pacific Rim) may all have wireless antennas in our skulls, but
high-speed Internet access is far from ubiquitous.  There are plenty of
parts of Africa and Asia where LANs are possible, but Internet access is
non-existent.  Requirements to host changes on a public webserver, or to
send them to a central location, are insurmountable obstacles in these
circumstances; people should not have to choose between license compliance
and being able to modify the code in Debian for their needs as a consequence
of where they were born.

Anyway, applying the same reasoning as was used in the Dissident test, the
GPL still passes the Bloody Murderer test because the GPL doesn't require
that you disclose to Brett Glass^W^W the lunatic that you're distributing
code under that license.  I don't think Debian is responsible for making
sure that a license permits the user to exercise his rights in the face of
insane local authorities; but I do think we're responsible for ensuring
that licenses we bless as free aren't discriminatory based on geography,
income, status of diplomatic relations with the United States, etc.

-- 
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Debian Developer   to set it on, and I can move the world.
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Re: Desert island test

2008-02-29 Thread Ben Finney
Sean Kellogg [EMAIL PROTECTED] writes:

 On Friday 29 February 2008 12:39:58 am Ben Finney wrote:
 I appriciate your attempt to see my perspective. Do you at least see
 why the answer no is, at best, incomplete?

In short, no. The answer given is a complete and correct answer to the
question posed.

The situation you present, of working with the Debian project to get a
DD to raise a GR and have a majority of DDs vote a particular way,
doesn't seem to fit the meaning of compel Debian to [do something]
at all.

That would be like arguing that, by working with my country's
legislature and convincing the required people to do the required
things, of which all of them have freedom of action to refuse, that I
can compel the country to accept my law.

So, the question Is there any way I can compel Debian to accept my
license as free? remains answerable with No.

-- 
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  `\  remains so despite the fact that I have slavishly ignored it |
_o__) all my life.” —Douglas Adams |
Ben Finney


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Re: Desert island test

2008-02-29 Thread Francesco Poli
On Thu, 28 Feb 2008 23:42:06 -0800 Sean Kellogg wrote:

 On Thursday 28 February 2008 04:09:34 pm Francesco Poli wrote:
[...]
  So to conclude, I think it is actually true that there's no way for
  someone to *compel* Debian to accept a given license as free.
 
 The question being asked is Is there any way for me to compel Debian to 
 accept that my license is free? and the answer is convince a DD to propose 
 a GR, get it seconded, and convince the sufficient number of DDs to support 
 your proposal.

But that is *not* a way to compel Debian to accept the license as
free.  It's a way to *persuade* Debian (to be more precise: the Debian
Project) to accept the license as free.

 I trust you will see how this is strikingly different 
 from no. The page makes it sound as if -legal is the final arbiter, which 
 is simply untrue.

Debian-legal is not the final arbiter, but I don't see how the page
could imply it is...

 
 The fact that the questioner cannot vote (assuming they are not a DD, which 
 is 
 not implied by the question) does not deny the existence of an avenue to 
 compel, it simply means it requires the assistance of others to do so, which 
 is the case with pretty much every activity I engage in every moment of every 
 day.

Look, I cannot stress it more than this: if you *convince* the majority
of the members of an organization that the organization should do
something, you are *not* *compelling* the organization to do that
thing; you're just *persuading* the organization to do it... 

 I cannot compel my neighbor to stop throwing his trash into my yard, but 
 if I go to a judge and get an order for a police officer to do something 
 about it, I very much doubt my neighbor is going to quibble over who, 
 exactly, is doing the compelling.

But there's no law that compels Debian to accept a license as free,
so you cannot go to a judge and get an order for a police officer.  It's
up to the Debian Project to decide if it accepts a license as free.

If you go through the GR method, you are not compelling Debian, you're
persuading it.  In your example, the GR method corresponds to going to
your neighbor and suggest that he/she proposes a vote among his/her
family members to decide if they want to stop throwing trash into your
yard or else go on doing so.  You don't have vote right, but you
obviously can try and persuade your neighbor's family members to vote
for stop throwing.  You're not compelling anyone, you're trying to
persuade them!
You can even try to get vote right... by becoming a family member of
your neighbor: you can go through the NM, ooops, NB (= New Boyfriend)
process and finally get married with your neighbor's daughter.  At that
point you could get vote right, but you still have to persuade your
(new) relatives to vote for stop throwing: again, it's persuasion,
not compelling!


Have I to repeat my usual disclaimers?
IANAL, TINLA, IANADD, TINASOTODP.

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Re: Desert island test

2008-02-29 Thread Ken Arromdee
On Fri, 29 Feb 2008, Mike Hommey wrote:
 You're taking it in the wrong order.
 The GPL doesn't forbid you to distribute the code because of the bloody
 murderer. The dissident and the desert island tests are about
 restrictions *inside* the license, related to some situations. Here, you
 just expose a situation.

The GPL prohibits you from distributing the program unless you do something
(distributing code) that the bloody murderer keeps you from doing.

The mandatory changes license prohibits you from distributing the program
unless you do something (send the changes back) that being stuck on an
island keeps you from doing.


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Re: inaccurate upstream copyright notice

2008-02-29 Thread Ben Finney
Thibaut Paumard [EMAIL PROTECTED] writes:

 He answered basically that the license itself is clearly stated
 (which is true), and that since it is GPL, the copyright is
 unimportant and I shouldn't care.

The copyright statement, if clearly false, AFAICT means that the
license statement is null, leaving the recipient with no license at
all.

A copyright statement is only effective if it's a statement by the
copyright holder. The best way to show that is to have the license
statement directly accompany a correct copyright statement in the
standard format, including Copyright, years copyright began in that
work, and the correct name of the copyright holder.

-- 
 \ I went to the museum where they had all the heads and arms |
  `\   from the statues that are in all the other museums.  -- Steven |
_o__)   Wright |
Ben Finney


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Re: Desert island test

2008-02-29 Thread Sean Kellogg
On Friday 29 February 2008 01:25:43 pm Francesco Poli wrote:
 On Thu, 28 Feb 2008 23:42:06 -0800 Sean Kellogg wrote:
  On Thursday 28 February 2008 04:09:34 pm Francesco Poli wrote:

 [...]

   So to conclude, I think it is actually true that there's no way for
   someone to *compel* Debian to accept a given license as free.
 
  The question being asked is Is there any way for me to compel Debian to
  accept that my license is free? and the answer is convince a DD to
  propose a GR, get it seconded, and convince the sufficient number of DDs
  to support your proposal.

 But that is *not* a way to compel Debian to accept the license as
 free.  It's a way to *persuade* Debian (to be more precise: the Debian
 Project) to accept the license as free.

Fair enough.

  I trust you will see how this is strikingly different
  from no. The page makes it sound as if -legal is the final arbiter,
  which is simply untrue.

 Debian-legal is not the final arbiter, but I don't see how the page
 could imply it is...

Quote: People on debian-legal don't seem to agree though. There is no 
conversation about how the opinion of -legal (if one can even say there is 
such a thing) is just one voice in the process. There is no conversation 
about the ftp-masters or about the GR process. It presents -legal as your 
only chance and if you miss out there, tough luck.

  The fact that the questioner cannot vote (assuming they are not a DD,
  which is not implied by the question) does not deny the existence of an
  avenue to compel, it simply means it requires the assistance of others to
  do so, which is the case with pretty much every activity I engage in
  every moment of every day.

 Look, I cannot stress it more than this: if you *convince* the majority
 of the members of an organization that the organization should do
 something, you are *not* *compelling* the organization to do that
 thing; you're just *persuading* the organization to do it...

  I cannot compel my neighbor to stop throwing his trash into my yard, but
  if I go to a judge and get an order for a police officer to do something
  about it, I very much doubt my neighbor is going to quibble over who,
  exactly, is doing the compelling.

 But there's no law that compels Debian to accept a license as free,
 so you cannot go to a judge and get an order for a police officer.  It's
 up to the Debian Project to decide if it accepts a license as free.

 If you go through the GR method, you are not compelling Debian, you're
 persuading it.  In your example, the GR method corresponds to going to
 your neighbor and suggest that he/she proposes a vote among his/her
 family members to decide if they want to stop throwing trash into your
 yard or else go on doing so.  You don't have vote right, but you
 obviously can try and persuade your neighbor's family members to vote
 for stop throwing.  You're not compelling anyone, you're trying to
 persuade them!
 You can even try to get vote right... by becoming a family member of
 your neighbor: you can go through the NM, ooops, NB (= New Boyfriend)
 process and finally get married with your neighbor's daughter.  At that
 point you could get vote right, but you still have to persuade your
 (new) relatives to vote for stop throwing: again, it's persuasion,
 not compelling!

Thanks for playing along with my annology :)

But seriously... the GR compels Debian (faceless organization that it is) to 
do something it is not doing of it's own accord and is, in a way, 
overturning -legal.

But my crticism of the page remains...  there is simply no discussion of 
alternatives and I for one don't accept that by using the word compel 
instead of convince the author gets away with not mention other avenues.

-Sean

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Sean Kellogg
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Re: Desert island test

2008-02-29 Thread Sean Kellogg
On Friday 29 February 2008 01:51:05 pm Ben Finney wrote:
 Sean Kellogg [EMAIL PROTECTED] writes:
  On Friday 29 February 2008 12:39:58 am Ben Finney wrote:
  I appriciate your attempt to see my perspective. Do you at least see
  why the answer no is, at best, incomplete?

 In short, no. The answer given is a complete and correct answer to the
 question posed.

 The situation you present, of working with the Debian project to get a
 DD to raise a GR and have a majority of DDs vote a particular way,
 doesn't seem to fit the meaning of compel Debian to [do something]
 at all.

 That would be like arguing that, by working with my country's
 legislature and convincing the required people to do the required
 things, of which all of them have freedom of action to refuse, that I
 can compel the country to accept my law.

 So, the question Is there any way I can compel Debian to accept my
 license as free? remains answerable with No.

I honestly don't know how to respond in a way that doesn't get me an identical 
response back. So, how about I just say, it's a great FAQ that is totally 
open and transparent and there are not a single ligament critique that could 
ever be leveled at it.

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Sean Kellogg
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Re: inaccurate upstream copyright notice

2008-02-29 Thread Florian Weimer
* Thibaut Paumard:

 He answered basically that the license itself is clearly stated (which
 is true), and that since it is GPL, the copyright is  unimportant and
 I shouldn't care.

I think this isn't that far from the truth, the GPL isn't usually
interpreted in a way that requires proper attribution.  The actual
license test seems to say otherwise, but existing developer practice and
the existence of the Chinese Dissident test (which the attribution
requirement in the GPL fails, depending on what you means in that
context) clearly favors licensing statements over a clean copyright
record.  This raises some interesting philosophical questions such as,
Can a computer program considered Free Software even if its copyright
status cannot be established in court?

Irrespective of the license, lack of proper attribution can be a
violation of moral rights, as far as they apply to software, but when
the original author committed, it is hard to see how to make any claims
based on that (venire contra factum proprium, as it's called in
German).


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