Why is OpenSSL not in non-free?

2009-02-25 Thread Adrian Bunk
- the 3-clause BSD license is considered free
- the 4-clause BSD license with the advertising clause is considered
  non-free
- both the OpenSSL License and the Original SSLeay License in 
  /usr/share/doc/libssl0.9.8/copyright contain the BSD advertising 
  clause in its exact wording

Does OpenSSL have to go to non-free, or do I miss anything?

cu
Adrian

-- 

   Is there not promise of rain? Ling Tan asked suddenly out
of the darkness. There had been need of rain for many days.
   Only a promise, Lao Er said.
   Pearl S. Buck - Dragon Seed


-- 
To UNSUBSCRIBE, email to debian-legal-requ...@lists.debian.org
with a subject of unsubscribe. Trouble? Contact listmas...@lists.debian.org



Re: Why is OpenSSL not in non-free?

2009-02-25 Thread Josselin Mouette
Le mercredi 25 février 2009 à 12:46 +0200, Adrian Bunk a écrit :
 - the 4-clause BSD license with the advertising clause is considered
   non-free

No.

Even the FSF considers it free.

-- 
 .''`.  Debian 5.0 Lenny has been released!
: :' :
`. `'   Last night, Darth Vader came down from planet Vulcan and told
  `-me that if you don't install Lenny, he'd melt your brain.


signature.asc
Description: Ceci est une partie de message	numériquement signée


Re: Why is OpenSSL not in non-free?

2009-02-25 Thread Benjamin M. A'Lee
On Wed, Feb 25, 2009 at 12:46:03PM +0200, Adrian Bunk wrote:
 - the 3-clause BSD license is considered free
 - the 4-clause BSD license with the advertising clause is considered
   non-free
 - both the OpenSSL License and the Original SSLeay License in 
   /usr/share/doc/libssl0.9.8/copyright contain the BSD advertising 
   clause in its exact wording
 
 Does OpenSSL have to go to non-free, or do I miss anything?

It's not GPL-compatible. This is not the same as non-free.

http://www.gnu.org/licenses/license-list.html#OriginalBSD

-- 
Benjamin M. A'Lee || mail: b...@subvert.org.uk
web: http://subvert.org.uk/~bma/ || gpg: 0xBB6D2FA0


-- 
To UNSUBSCRIBE, email to debian-legal-requ...@lists.debian.org
with a subject of unsubscribe. Trouble? Contact listmas...@lists.debian.org



Re: Why is OpenSSL not in non-free?

2009-02-25 Thread Simon Josefsson
Adrian Bunk b...@stusta.de writes:

 - the 3-clause BSD license is considered free
 - the 4-clause BSD license with the advertising clause is considered
   non-free

I don't think this holds.  The advertising clause in the 4-clause BSD
license is GPL incompatible according to ('Original BSD license'):

http://www.gnu.org/licenses/license-list.html#NonFreeSoftwareLicense

However that doesn't mean work licensed under the 4-clause BSD license
is non-free, which is explicitly mentioned in the link above.

/Simon


-- 
To UNSUBSCRIBE, email to debian-legal-requ...@lists.debian.org
with a subject of unsubscribe. Trouble? Contact listmas...@lists.debian.org



Re: Why is OpenSSL not in non-free?

2009-02-25 Thread Adrian Bunk
On Wed, Feb 25, 2009 at 12:23:56PM +0100, Josselin Mouette wrote:
 Le mercredi 25 février 2009 à 12:46 +0200, Adrian Bunk a écrit :
  - the 4-clause BSD license with the advertising clause is considered
non-free
 
 No.

Ah, OK.

Could someone update http://wiki.debian.org/DFSGLicenses and 
http://www.debian.org/legal/licenses/ accordingly?

Currently both pages sound as if it the 4-clause BSD licence would not
meet the DFSG.

 Even the FSF considers it free.

The FSF also considers the GFDL with invariant sections as free...

cu
Adrian

-- 

   Is there not promise of rain? Ling Tan asked suddenly out
of the darkness. There had been need of rain for many days.
   Only a promise, Lao Er said.
   Pearl S. Buck - Dragon Seed


-- 
To UNSUBSCRIBE, email to debian-legal-requ...@lists.debian.org
with a subject of unsubscribe. Trouble? Contact listmas...@lists.debian.org



Re: Why is OpenSSL not in non-free?

2009-02-25 Thread Josselin Mouette
Le mercredi 25 février 2009 à 14:24 +0200, Adrian Bunk a écrit :
  Even the FSF considers it free.
 
 The FSF also considers the GFDL with invariant sections as free...

They clearly don’t consider it as a free software license. The FSF
argues that documentation doesn’t need the same freedoms as software.

-- 
 .''`.  Debian 5.0 Lenny has been released!
: :' :
`. `'   Last night, Darth Vader came down from planet Vulcan and told
  `-me that if you don't install Lenny, he'd melt your brain.


signature.asc
Description: Ceci est une partie de message	numériquement signée


Re: Bug#509287: Please give opinion about Bug#509287: afio: license is non-free

2009-02-25 Thread MJ Ray
Koen Holtman k.holt...@chello.nl wrote:
 [...]  For Debian I hope that this note will help Debian close
 Bug#509287: afio: license is non-free.  So I would like to invite
 debian-legal to read the note and discuss what it means for the afio
 package bug.

In general, I am unhappy with how the issues have been paraphrased
instead of quoted.  I am currently on a train, so cannot refer to
the original sources, but some of the issues are represented as
slightly different to how I understood them.  Why paraphrase?

[...]
 afio has one unique feature (fault tolerant compressed archives) that
 all of the above lack.

So, someone could explain how afio achieves this and someone else could
re-implement it in the other more-clearly-free tools.  If it is needed,
the feature will survive.  I didn't feel that anyone was arguing that
afio contained absolutely no features people wanted over the other
tools when they suggested that afio should be removed.

 Several FOSS backup packages support afio as an archive engine, and
 some were designed specifically around afio.

Wow.  Which ones?

 Several definitions of 'free' software include the requirement that
 any party should be able to re-distribute it.  For example.  Debian
 Free Software Guideline 1 (DFSG#1) states:

However, the DFSG are guidelines for deciding the freedom of software,
not a definition.  The hint is in the name.  If one starts trying to
use it as a definition, bad stuff happens, in my experience.

In general, I've no problem with the sale restriction because it's
trivially avoidable.

 Issue 3. License does not permit modification
[...]
 1) Argument by the contents of the license notices

I don't buy this argument at all.  Anyone got any law to support it?
I'd be very surprised if you can extrapolate the holes in the
licence permissions like that.

 2) Argument by implied licensing

This is far more persuasive to me and the references appear good.
Even better would be Mark participating in modding afio, but if it
doesn't exist, it doesn't exist.

 [...4. Relicensing...] Depending on the success in finding the
 contributers, this could (according an the estimate of the current
 maintainer) bring about 30-60% of the afio code base under a new
 license. However, but such an action would not satisfy those seeking
 legal clarity on the status of afio as a whole.

Should impossibility of 100% now deter work on the rest?  If we
view each piece of unattributed code as a timebomb, it seems to make
sense to reduce their number if possible.

[...]
 Issue 6.  Several people working for/with FOSS related
 organizations have called afio not-free.

This is a non-issue, a consequence of the above other issues.
If the note deals with the points they raise, this is dealt
with already and it feels like a personal attack on those people.
If the note doesn't deal with their objections, then this feels
like a personal attack to try to distract people.

Either way, I don't think it should be included in a basic note.

[...]
 I believe that the people in the links above are all using the
 following rule when applying guidelines for freeness:
  worst-case-rule: If the license text is ambiguous, in a way that would
  leave enough room for a judge to disagree that the license meets our
  written definition of 'free', then the license should be treated as
  non-free.

I don't.  I believe people were answering on the basis of the licence
information given to them and what they found.  If the licensing
status is not clear, it needs further research, of the type included
in this note.  It wasn't obvious to many people why afio should get
that work, instead of all the other things which are calling for some
work.  Big credit to Koen for doing it.

However, inventing some sort of fantasy these people hate
free software so want to use lawyer tools to kill it rule and
attributing it to people who looked at afio's licensing is not
nice at all.

 I believe that the worst-case-rule should not be used by more general
 Linux distros, unless it is combined with a moderating principle.

I believe that the worst-case-rule isn't used by anyone much and
not the people in this case, so all reference to that should be
removed from the note.

Hope that helps,
-- 
MJR
My Opinion Only, see http://people.debian.org/~mjr/


-- 
To UNSUBSCRIBE, email to debian-legal-requ...@lists.debian.org
with a subject of unsubscribe. Trouble? Contact listmas...@lists.debian.org



Re: python-imaging

2009-02-25 Thread Jonathan Bastien-Filiatrault

Ben Finney wrote:

Greg Harris glhar...@panix.com writes:


[snip]


But that wording is *not* what has been used for ‘python-imaging’.
Instead, the wording is:

Permission to [foo] for any purpose and without fee is hereby
granted,

I find that wording rather ambiguous, in my mind it could mean any of 
the following:


 * You may [foo] for any purpose, without paying a fee
 * You may [foo] for any purpose, as long as you do so without fee

Does anyone else see this ambiguity ?
[snip]

Cheers,
Jonathan


--
To UNSUBSCRIBE, email to debian-legal-requ...@lists.debian.org
with a subject of unsubscribe. Trouble? Contact listmas...@lists.debian.org



Re: python-imaging

2009-02-25 Thread Steve Langasek
On Wed, Feb 25, 2009 at 04:31:10PM -0500, Jonathan Bastien-Filiatrault wrote:
 Ben Finney wrote:
 Greg Harris glhar...@panix.com writes:

 But that wording is *not* what has been used for ‘python-imaging’.
 Instead, the wording is:

 Permission to [foo] for any purpose and without fee is hereby
 granted,

 I find that wording rather ambiguous, in my mind it could mean any of  
 the following:

  * You may [foo] for any purpose, without paying a fee
  * You may [foo] for any purpose, as long as you do so without fee

 Does anyone else see this ambiguity ?

No.

-- 
Steve Langasek   Give me a lever long enough and a Free OS
Debian Developer   to set it on, and I can move the world.
Ubuntu Developerhttp://www.debian.org/
slanga...@ubuntu.com vor...@debian.org


-- 
To UNSUBSCRIBE, email to debian-legal-requ...@lists.debian.org
with a subject of unsubscribe. Trouble? Contact listmas...@lists.debian.org



Re: python-imaging

2009-02-25 Thread Greg Harris
On Thu, 26 Feb 2009 09:21:48 +1100
Ben Finney ben+deb...@benfinney.id.au wrote:

 Jonathan Bastien-Filiatrault j...@x2a.org writes:
 
  Ben Finney wrote:
   Greg Harris glhar...@panix.com writes:
  
  [snip]
  
   But that wording is *not* what has been used for ‘python-imaging’.
   Instead, the wording is:
  
   Permission to [foo] for any purpose and without fee is hereby
   granted,
  
  I find that wording rather ambiguous, in my mind it could mean any
  of the following:
  
   * You may [foo] for any purpose, without paying a fee
   * You may [foo] for any purpose, as long as you do so without fee
  
  Does anyone else see this ambiguity ?
 
 I can see how someone might find it if they were looking for it.
 
 I don't see it when I read the clause normally. The meaning of that
 clause, to me, is clearly:
 
   * You may [foo] for any purpose and without charging a fee
 
A license normally will contain a term that specifies the fee due from
the licensee to the licensor. In the absence of any other clause (and I
don't recall one here) that states such a term, without fee should
be read as referring to the cost of the license that is granted and not
as a limitation on licensed right to [foo]. 

If you are looking for something else, I guess you could extract it. As
one of my professors liked to say, it is very easy to write what you
mean, but what is extremely hard is to write something that cannot mean
anything else.


--
To UNSUBSCRIBE, email to debian-legal-requ...@lists.debian.org
with a subject of unsubscribe. Trouble? Contact listmas...@lists.debian.org