Re: License check for a new(ly modified) license..

2011-09-27 Thread Francesco Poli
On Mon, 26 Sep 2011 21:27:11 -0400 Felyza Wishbringer wrote:

[...]
 My proposed WTFPLv3 (2011)
 http://gamingtools.com/WTFPLv3.txt
 Which changed name of the license and copyright. and add 2
 termsconditions statements
 Updated from earlier today... a change to TC 1, which now states: You
 have sole liability for ...

This sounds awkward to me: it is my understanding that liability is
usually excluded or limited in Free Software licenses.

For instance, compare with GNU GPL v2, section 12:

|12. IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING
| WILL ANY COPYRIGHT HOLDER, OR ANY OTHER PARTY WHO MAY MODIFY AND/OR
| REDISTRIBUTE THE PROGRAM AS PERMITTED ABOVE, BE LIABLE TO YOU FOR DAMAGES,
| INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING
| OUT OF [...]



-- 
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 New GnuPG key, see the transition document!
. Francesco Poli .
 GnuPG key fpr == CA01 1147 9CD2 EFDF FB82  3925 3E1C 27E1 1F69 BFFE


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Re: License check for a new(ly modified) license..

2011-09-27 Thread Felyza Wishbringer
My reading and understanding is that they are basically the same.

From the GPLv2, it states that the copyright holder (author) and
anyone who modifies or redistributes the code cannot be held liable to
you for damages.

From the proposed WTFPLv3, it states You are solely liable for 'what
you do with it'.. which should be pretty much a clear indication that
the author is not liable.

Am I mistaken on this?


 |    12. IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING
 | WILL ANY COPYRIGHT HOLDER, OR ANY OTHER PARTY WHO MAY MODIFY AND/OR
 | REDISTRIBUTE THE PROGRAM AS PERMITTED ABOVE, BE LIABLE TO YOU FOR DAMAGES,
 | INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING
 | OUT OF [...]


-- 
-Felyza


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Re: License check for a new(ly modified) license..

2011-09-27 Thread Francesco Poli
On Tue, 27 Sep 2011 15:17:13 -0400 Felyza Wishbringer wrote:

 My reading and understanding is that they are basically the same.

I am not convinced...

 
 From the GPLv2, it states that the copyright holder (author) and
 anyone who modifies or redistributes the code cannot be held liable to
 you for damages.
 
 From the proposed WTFPLv3, it states You are solely liable for 'what
 you do with it'.. which should be pretty much a clear indication that
 the author is not liable.

What happens when the You referred to by the license modifies and/or
redistributes the code, as permitted by the license itself?
At that point, someone who modifies and/or redistributes the code _can_
be held liable for what he/she does with the code...

This scenario looks very different from what would happen with the GNU
GPL v2. At least as far as I see it.


-- 
 http://www.inventati.org/frx/frx-gpg-key-transition-2010.txt
 New GnuPG key, see the transition document!
. Francesco Poli .
 GnuPG key fpr == CA01 1147 9CD2 EFDF FB82  3925 3E1C 27E1 1F69 BFFE


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Re: License check for a new(ly modified) license..

2011-09-27 Thread Felyza Wishbringer
Would this be better wording?

2. Nobody is liable for what .. you do with it

 The WTFPL goes beyond disclaimer to place liability on the licensee.
 That's an unusual step, and I'm not convinced that it preserves the
 recipient's freedom.

-- 
-Felyza


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Re: License check for a new(ly modified) license..

2011-09-27 Thread Charles Plessy
Le Tue, Sep 27, 2011 at 07:02:53PM -0400, Felyza Wishbringer a écrit :
 Would this be better wording?
 
 2. Nobody is liable for what .. you do with it

Dear Felyza,

I think that unfortunately, there is no possiblity to have a license that is
short and fun / satyrical / provocative / …, and at the same time have a
wording that accurately fits the laws of many countries about liabilities and
intellectual property.  Just see for instance at the Creative Commons Universal
Public Domain Dedication license:

  http://creativecommons.org/publicdomain/zero/1.0/legalcode

This said, there are some minimalistic license that have a very short 
disclaimer,
like the GNU All-Permissive license:

  http://www.gnu.org/prep/maintain/html_node/License-Notices-for-Other-Files

Have a nice day,


-- 
Charles Plessy
Tsurumi, Kanagawa, Japan


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Re: License check for a new(ly modified) license..

2011-09-27 Thread Ben Finney
Felyza Wishbringer fel...@gmail.com writes:

 Would this be better wording?

I don't have a lot of interest in constructing new license texts, since
I much prefer that all software distributors avoid unnecessary license
proliferation.

Please, instead of constructing new licenses, use an existing
widely-used well-understood free-software license, such as the terms of
the Expat license.

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Ben Finney


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