Re: Review of license

2008-04-27 Thread Francesco Poli
On Sat, 26 Apr 2008 22:25:20 -0400 Roberto C. Sánchez wrote:

 [ Please keep me in the CC since I am not subscribed to -legal ]

Done.

 
 I was recently asked to sponsor an upload of a package that carries the
 below license.  Is this license acceptable for main?
[...]

The license you quoted seems to be a modified variant of the Artistic
License v1.0 [1].  Besides some cosmetic changes, the main differences
are:

 * in sub-paragraph 4(c), which is however not much important since the
DFSG-free option is 4(b), I think

 * in paragraphs 5, 6, and 7, where some exceptions specific to language
interpreters were dropped: I don't think that the dropped parts were
essential for compliance with the DFSG

 * paragraph 8 of the Artistic License was dropped entirely: again, I
don't think its presence was essential for compliance with the DFSG

[1] /usr/share/common-licenses/Artistic

In summary, I don't see anything that could make this license less
DFSG-compliant than the Artistic License v1.0.
As far as the original Artistic License v1.0 is concerned, I personally
don't like it, and I would recommend against its adoption, but it has
been considered acceptable for main for a long time and I don't see any
clear non-freeness in it...

This is my opinion, let's wait for other debian-legal participants to
express theirs...

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

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Re: Liberation Font License revisited

2008-04-27 Thread Hendrik Weimer
Francesco Poli [EMAIL PROTECTED] writes:

 On Sat, 26 Apr 2008 21:41:08 +0200 Hendrik Weimer wrote:

 Francesco Poli [EMAIL PROTECTED] writes:
 [...]
  Did you point RMS' message [4] out to the FSF when you contacted them?
 
 I did.

 And how did they explain the difference in their conclusions?!?

They didn't. However, I am not sure whether RMS's message can be
considered as official position of the FSF.

 As far as I can see, the main argument against this license here on
 debian-legal was that the FSF (or RMS) had considered such licenses to
 be invalid.

 I don't think this is an accurate summary of the debian-legal
 discussion on the topic.

 The main argument was that the license (GPLv2 + restrictions) is
 self-contradictory and thus invalid.
 This conclusion was *confirmed* by RMS, who basically brought the same
 argument.  However, I think the argument holds even if RMS and/or the
 FSF change(s) his/their mind(s) afterwards, unless he/they bring(s) new
 data to support his/their new opposite conclusion...

As was already pointed out in the previous thread, this interpretation
relies on that the no further restrictions clause applies to GPLv2 +
restrictions, not to GPLv2 alone.

I fully agree with you that the Liberation Font license is
sub-optimal, however I do not see a scenario where distribution of the
fonts by Debian led to legal trouble or a violation of the DFSG. Can
you think of such a situation?

Hendrik


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Re: Liberation Font License revisited

2008-04-27 Thread Francesco Poli
On Sun, 27 Apr 2008 12:56:25 +0200 Hendrik Weimer wrote:

 Francesco Poli [EMAIL PROTECTED] writes:
 
  On Sat, 26 Apr 2008 21:41:08 +0200 Hendrik Weimer wrote:
 
  Francesco Poli [EMAIL PROTECTED] writes:
  [...]
   Did you point RMS' message [4] out to the FSF when you contacted them?
  
  I did.
 
  And how did they explain the difference in their conclusions?!?
 
 They didn't. However, I am not sure whether RMS's message can be
 considered as official position of the FSF.

I would say quite official...
There have been cases in the past where RMS censored GNU developers'
diverging opinions.  E.g.: a GNU developer (Thomas Bushnell) was
dismissed by RMS for having publicly spoken against the GFDL
(see http://lwn.net/Articles/59147/ and
http://lists.softwarelibero.it/pipermail/discussioni/2003-November/008465.html).

[...]
  The main argument was that the license (GPLv2 + restrictions) is
  self-contradictory and thus invalid.
  This conclusion was *confirmed* by RMS, who basically brought the same
  argument.  However, I think the argument holds even if RMS and/or the
  FSF change(s) his/their mind(s) afterwards, unless he/they bring(s) new
  data to support his/their new opposite conclusion...
 
 As was already pointed out in the previous thread, this interpretation
 relies on that the no further restrictions clause applies to GPLv2 +
 restrictions, not to GPLv2 alone.

I've already explained (in the cited old debian-legal thread) why I
don't think this interpretation is backed by the actual GPLv2 text.

 
 I fully agree with you that the Liberation Font license is
 sub-optimal, however I do not see a scenario where distribution of the
 fonts by Debian led to legal trouble or a violation of the DFSG. Can
 you think of such a situation?

*If* my analysis is correct, we do not have *any* valid license to
distribute (let alone modify) those fonts.
Hence there may be legal troubles, namely copyright violation issues,
in distributing them.  This makes them unsuitable even for the non-free
archive!

One could say that the intention of Red Hat to grant a redistribution
(and modification) permission is clear, but in fact it is *not* clear
*at all*, being self-contradictory!
So, once again, I don't think we have a valid license to redistribute
(and/or modify) those fonts...


As usual: IANAL, TINLA, IANADD, TINASOTODP.

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