Re: Legality of analysing DSDT table

2014-08-04 Thread Ian Jackson
Mateusz Jończyk writes (Legality of analysing DSDT table):
 I am working on some bug in Linux kernel that is probably somehow
 related to ACPI.  Would it be legal if a bug reporter in India sent
 me his DSDT table and I would then decompile and analyse it?

You seem to be in Poland.  I think there is no problem with this in
European Union law: AIUI reverse engineering for the purpose of
compatibility is excluded from the copyright monopoly.

Also it seems very unlikely that anyone would want to complain.

NB I am not a lawyer.

Ian.


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Re: Zend Engine License

2014-08-04 Thread Ian Jackson
Riley Baird writes (Re: Zend Engine License):
 On 02/08/14 16:30, MJ Ray wrote:
  I notice that Zend framework seems to be under a BSD style licence, without 
  that sort of clause.
  
 It is in the php5 package. Here is the d/copyright file:
 http://metadata.ftp-master.debian.org/changelogs//main/p/php5/php5_5.6.0~rc3+dfsg-1_copyright

You'll see that my draft questions to the SFLC deals with this in the
case of PHP.  Would the answer not be the same in both cases ?  If so
then I think we should see what the outcome of that process is and
apply it to Zend too.

Ian.


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Re: Translated License

2014-08-04 Thread Ian Jackson
Georg Pfeiffer writes (Translated License):
 We intend to give the whole project a default license wich is a german
 translation of the MIT license [2]. The english text is included. Our
 intention is, that the german text shall be more clear and more
 convenient to german project members (authors) as well as for german
 customers wich we estimate to be the majority as well on the author as
 on the customer side.

There is nothing wrong with a copyright licence in German.

I disagree with the other posters who have said that an English
licence is to be preferred.  In practice we (Debian) have plenty of
German speakers who can review a German licence, and we should be
prepared to do so.

Thanks,
Ian.


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Re: [PHP-QA] Debian and the PHP license

2014-08-04 Thread Ian Jackson
Charles Plessy writes (Re: [PHP-QA] Debian and the PHP license):
 I think that it is important that a few of the ‘some members’ would
 identify themselves in support for that request, and explain what
 they would do if the worries expressed below turned out to be true.

At the moment people are playing bug tag, and packages are being
sometimes rejected or sometimes prevented from migrating to testing.

If the worries turn out to be justified then we should apply that same
policy to all of the affected packages - but in fact, I would hope
that given an unequivocal statement from actual laywers it would be
easy to persuade the PHP developers to change the licence.

 If the only support for contacting lawyers comes from Developers who
 have the least stakes in the question (GR only), then we should
 really consider if the work that we are about to ask to the lawyers
 will be wasted in the trash bin instead of being seriously
 considered.

If the worries turn out to be unjustified then I hope that the people
who have been complaining would stop doing so.

 Here are two other coments on the text itself.
 
  Q4. Does the fact that the PHP licence conditions about the use of the
 PHP name are contained in the actual copyright licence, rather than
 in a separate trademark licence, significantly increase the risks
 we would face if we had a disagreement with upstream about our
 modifications (or our failure to seek approval) ?
 
 Note that PHP does not hold a trademark on the PHP name and therefore
 can not grant a trademark license.

I will mention this.

 It is important to note that clarifications on the PHP license have
 already been given by PHP developers.  The question is then if they
 are free to revert their clarifications and use a new interpretation
 of their license to force Debian to stop distributing or modifying
 PHP and its modules.

This clarification is not sufficient because in the general case the
copyright to a PHP addons is not held by the PHP developers and so the
actual copyrightholders of the addon haven't issued the clarification.
And future joint copyrightholders of PHP itself may not have
participated in the clarification.

If you disagree, perhaps you'd like to suggest a workable process to
distinguish addons for which we can rely on the clarification, from
ones where we can't.

Personally I think that is a daft way to carry on and we (the Free
Software community as a whole including Debian and the PHP community)
should either dismiss these concerns (if they are unfounded), or fix
them properly (if they are well-founded).

Thanks,
Ian.


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Re: [PHP-QA] Debian and the PHP license

2014-08-04 Thread Ian Jackson
Francesco Poli writes (Re: [PHP-QA] Debian and the PHP license):
 On Fri, 1 Aug 2014 16:59:11 +0100 Ian Jackson wrote:
  Paragraph 6 of the main licence text requires this notice:
  
 This product includes PHP software, freely available from
   http://www.php.net/software/.
 
 I would also add some mention of the final disclaimers (the text in
 capital letters and the text under the separation lines in the
 license), which also risk to become false or irrilevant for software
 not written by (or on behalf of) the PHP Group.

I have added a new section and a new question about this.

  This is probably unproblematic for PHP itself.  However, most PHP
  addons are also distributed under the PHP licence.  The worry is that
  putting that statement in the copyright information for a PHP addon
  package is might be making a false statement, since (i) the package
 
 Probablys/is might/might/

Fixed.

Thanks,
Ian.


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Re: [PHP-QA] Debian and the PHP license

2014-08-04 Thread Ian Jackson
(-project dropped from the CC)

MJ Ray writes (Re: [PHP-QA] Debian and the PHP license):
 Secondly, unless it says otherwise, a naming restriction in a
 copyright licence doesn't permit honest source attribution and all
 the other nominative and fair uses that a trademark would. This is
 more of a problem for Debian.

Can you please confirm that the question I put in my draft questions
for SFLC, on this subject, addresses this point ?  If I haven't
fully captured your understanding of the problem then my draft needs
to be updated.

(I'm about to post a v3 but it's essentially identical on this point.)

 There are many ways this could be solved, but the ostrich approach
 of closing the bugs without fixing them and hiding this from users
 must be one of the worst. Please support another approach.

I think you're being rather rude here.  It's not the case that people
are deliberately `hiding' these `bugs'.  Rather, they disagree whether
the problem is real or imaginary.

Ian.


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PHP licence SFLC questions draft v3

2014-08-04 Thread Ian Jackson
Draft question for SFLC:


Some members of the Debian project have some concerns about the PHP
licence.  These worries are dismissed by other members and by relevant
upstreams.  We would like some advice.

We are concerned here with the PHP 3.01 Licences, which can be
found here: http://php.net/license/3_01.txt

There are two concerns (I and II, below), which need to be read with
some context (III, below):


I. Requirement to perhaps-falsely acknowledge:

Paragraph 6 of the main licence text requires this notice:

   This product includes PHP software, freely available from
 http://www.php.net/software/.

This is probably unproblematic for PHP itself.  However, most PHP
addons are also distributed under the PHP licence.  The worry is that
putting that statement in the copyright information for a PHP addon
package might be making a false statement, since (i) the package
itself does not include PHP and (ii) the addon may not in fact be
available via that URL.

Counterarguments which may be relevant or have been put forward
include:

(a) A licensor who uses this licence obviously did not intend the
licencees to make a false statement, and the requirement in the
licence should be read down accordingly.

(b) The word `product' does not refer to a specific package but the to
the system as a whole, including PHP itself.

(c) PHP addon packages (at least those whose upstream versions are
available from www.php.net) should be regarded as `PHP software' for
the purposes of this statement.  (But what if the addon later ceases
to be distributed from www.php.net, or was never so distributed?)

We have the following questions:

Q1. What is the best approach for Debian and its downstreams to take
to comply with this licence ?  Should we always include the
statement as requested ?

Q2. If the answer to Q1 is to always include the statement, does
   including this statement pose any ethical, legal or practical risk
   to anyone in the Free Software community ?  Is it fair to say that
   the statement is or can be materially false or misleading ?

Q3. Do the answers to these questions depend on whether the addon is
   currently, or was ever, distributed via
   http://www.php.net/software/ ?


II. Inaccuracy of the disclaimer text:

The warranty disclaimer text (in capitals after para 6 of the licence)
says that `THIS SOFTWARE IS PROVIDED BY THE PHP DEVELOPMENT TEAM' etc.
The licence itself (para 1) requires this text to be included.

When the PHP licence is used for software which is not provided by the
PHP development team, the statement appears to be inaccurate.

Q4. Does including this statement pose any ethical, legal or practical
   risk in the case where the software is _not_ in fact written or
   provided by the PHP Development Team ?

Note that in Debian we do not normally worry whether warranty
disclaimers are effective in protecting Debian contributors.  So we
are not interested in whether the warranty disclaimer does its job,
only in whether it poses additional risks (beyond those which we would
hypothetically face if it wasn't present at all) by virtue of it
containing an apparently inaccurate statement.


III. Restrictions on the name `PHP'

Debian routinely modifies all the software that we distribute, and we
expect our downstreams to further modify it.

(Because we want the freedom to modify to be available not only to us,
but also to all of those downstreams, we have a practice of refusing
to submit our modifications for approval and declining to accept any
Debian-specific permissions.)

Paragraphs 3 and 4 can be read to mean that Debian should not be
distributing its modified versions of PHP itself, and of PHP addons,
under the name `PHP'.  (Note that PHP is not a trademark - this
restriction is applied through the copyright licence.)

We have been informally assured by members of the PHP community that
this is not the intent and that the PHP project does not want us to
rename things.

Similar situations often arise in relation to trademarks.  Our usual
approach in such cases has been to rely on the informal assurances,
and not seek any kind of formal trademark licence amendment.

However, we remain prepared to rename the software.  If we receive a
formal legal request or threat from a trademark holder, or we hear of
our downstreams receiving such communications, we will rename the
software to avoid any potential infringement of the trademark.  For
example, Mozilla insisted on prior written approval of patches, so our
version of Firefox is called Iceweasel.  Our reactive rather than
proactive approach has served us and our downstreams very well.

Q5. Does the fact that the PHP licence conditions about the use of the
   PHP name are contained in the actual copyright licence, rather than
   in a separate trademark licence, significantly increase the risks
   we would face if we had a disagreement with upstream about our
   modifications (or our failure to seek approval) ?


IV. Context

When 

Re: PHP licence SFLC questions draft v3

2014-08-04 Thread Ian Jackson
Ian Jackson writes (PHP licence SFLC questions draft v3):
 Some members of the Debian project have some concerns about the PHP
 licence.  These worries are dismissed by other members and by relevant
 upstreams.  We would like some advice.
 
 We are concerned here with the PHP 3.01 Licences, which can be
 found here: http://php.net/license/3_01.txt
 
 There are two concerns (I and II, below), which need to be read with
 some context (III, below):

This last paragraph is wrong because now there are I, II and III with
the context in IV.

Ian.


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Re: Translated License

2014-08-04 Thread Georg Pfeiffer
Ian Jackson ijack...@chiark.greenend.org.uk writes:

 There is nothing wrong with a copyright licence in German.

Thank you very much for this clear position, wich seemed to be mine only
for discouraging long times :D

My german combattants bothered, our german license would be estimated
non-free because it is not OSI certified. So we selected Jonathans
proposal already a long time ago, regrettably. But I won't mess that up
again. 

Georg


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Re: Translated License

2014-08-04 Thread Ian Jackson
Georg Pfeiffer writes (Re: Translated License):
 Ian Jackson ijack...@chiark.greenend.org.uk writes:
  There is nothing wrong with a copyright licence in German.
 
 Thank you very much for this clear position, wich seemed to be mine only
 for discouraging long times :D
 
 My german combattants bothered, our german license would be estimated
 non-free because it is not OSI certified. So we selected Jonathans
 proposal already a long time ago, regrettably. But I won't mess that up
 again. 

It's true that having your licence not be OSI-certified might be
inconvenient in some situations, but:

 - Debian at least does not care whether anything is OSI-certified.
   We make our own decisions.

 - Getting your licence OSI-certified ought to be feasible I think.
   Wanting your licence to be in the native language of the vast
   majority of your contributors is a good reason for having a
   different licence.  IMO.

Regards,
Ian.


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Re: Translated License

2014-08-04 Thread Georg Pfeiffer
Ian Jackson ijack...@chiark.greenend.org.uk writes:

We make our own decisions.

Thats why I love it.
:)
Georg


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Re: Standardization documents in xsd and wsdl format

2014-08-04 Thread MJ Ray
On 11 July 2014 16:20:45 CEST, Mattias Ellert mattias.ell...@fysast.uu.se 
wrote:
Standardization bodies tend to want to not have random
people making random changes to their standardization documents that
would create incompatible versions of the standards. The documentation
licenses used by these organization therefore usually do not allow
modification.

The other answers seem correct to me. I just wish to note that standards 
organisations would be far better off providing public key signatures of the 
official standards documents to protactively demonstrate approval, instead of 
trying to use restrictive copyright licensing to reactively prosecute 
innovators who confuse, often in error.

After all, the copyright licence doesn't prevent unauthorised modification or 
alert people to it. It just gives the licensor and others ways to punish people.
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Re: [PHP-QA] Debian and the PHP license

2014-08-04 Thread MJ Ray
On 4 August 2014 13:26:11 GMT+01:00, Ian Jackson 
ijack...@chiark.greenend.org.uk wrote:
(-project dropped from the CC)

MJ Ray writes (Re: [PHP-QA] Debian and the PHP license):
 Secondly, unless it says otherwise, a naming restriction in a
 copyright licence doesn't permit honest source attribution and all
 the other nominative and fair uses that a trademark would. This is
 more of a problem for Debian.

Can you please confirm that the question I put in my draft questions
for SFLC, on this subject, addresses this point ?  If I haven't
fully captured your understanding of the problem then my draft needs
to be updated.

I'm not sure it does. The question to me should be more like does putting a 
name restriction in the copyright licence rather than using a trademark licence 
mean we lose any ability to package this software under its own name and if so, 
how? but worded more slickly like you do.

At best, the earlier paragraph suggesting we rely on assurances from trademark 
holders rather than usual rights in law, just for packaging, seems beside the 
point. At worst, it could mislead about the question.

I take your point about rudeness. I shouldn't fight fire with fire. Sorry.
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