Re: PHP-Nuke License Conclusion?

2003-05-26 Thread Anthony DeRobertis


On Friday, May 23, 2003, at 01:35 AM, Branden Robinson wrote:


On Thu, May 22, 2003 at 06:21:59PM +0200, Henning Makholm wrote:


The branden dodges your magical sigh. The branden attacks you with a
slew of words! The branden misses!


Ridicule does nothing to help your argument.


Of all the people on -legal to complain about humor.

At least I avoided:
The anthony attacks the branden with a cc against his
Mail-Followup-To header! The branden counterattacks with
a list policy!
though it was tempting.



Re: PHP-Nuke License Conclusion?

2003-05-26 Thread Nick Phillips
On Fri, May 23, 2003 at 12:35:35AM -0500, Branden Robinson wrote:
 On Thu, May 22, 2003 at 06:21:59PM +0200, Henning Makholm wrote:
  Scripsit Nick Phillips [EMAIL PROTECTED]
  
   magical +3 sigh of hyperbole deflection
  
  The branden dodges your magical sigh. The branden attacks you with a
  slew of words! The branden misses!
 
 Ridicule does nothing to help your argument.

I refuse to start adding X-Joke headers to point out the obvious :-P

-- 
Nick Phillips -- [EMAIL PROTECTED]
If you can read this, you're too close.



Re: PHP-Nuke License Conclusion?

2003-05-23 Thread Branden Robinson
On Thu, May 22, 2003 at 06:59:33PM -0600, [EMAIL PROTECTED] wrote:
 The copyright file should have the license that applies to the work.  Not a
 read the copyright file and apply this patch statement in the README file
 (or worse, in about.html on the author's website, or in an email message)

Damn right.

-- 
G. Branden Robinson|  To be is to do   -- Plato
Debian GNU/Linux   |  To do is to be   -- Aristotle
[EMAIL PROTECTED] |  Do be do be do   -- Sinatra
http://people.debian.org/~branden/ |


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Re: PHP-Nuke License Conclusion?

2003-05-22 Thread Nick Phillips
On Wed, May 21, 2003 at 12:51:51PM -0400, Don Armstrong wrote:

 Can you quote caselaw that demonstrates this to be the case? As far as
 I can remember, I've never heard of such a license with additional
 riders being litigated. [But then again, I'm not a lawyer, nor am I an
 expert in licenses.]
 
 I hope we can agree that the fact that such a license contains an
 internal contradiction is open to interpretation, and litigation (most
 likely) would have to ensue with an as of yet undetermined outcome.
 The acceptance of licenses into Debian with dubious legality and/or
 grants of permision is not something that we should coutenance
 lightly. [I know that if such a license were to cross my desk for a
 project that I was doing any serious work on, I would require
 clarification from legal counsel and most likely they would want to
 see some sort of clarification from the author as well.]

IANAL either... at the moment I'm just trying to point out that the kind
of construction we are talking about need not be inherently broken. In
the simplest case, I agree that you could argue about the interpretation
(clearly, we are doing so). I would assert, though, that it is possible
to phrase one's construction such that it is not reasonable to argue about
it. It would then follow that the question becomes where do we draw the
line?


Cheers,


Nick

-- 
Nick Phillips -- [EMAIL PROTECTED]
Excellent day to have a rotten day.



Re: PHP-Nuke License Conclusion?

2003-05-22 Thread Henning Makholm
Scripsit Branden Robinson [EMAIL PROTECTED]

  I say that when one constructs at cut-and-paste licence, then the
  words this license obviously refers to the entire cut-and-paste
  license, regardless of from where those words entered the
  cut-and-paste license.=20

 What do you mean by cut-and-paste?

I mean a copyright statement at instructs the reader to do some
cut-and-paste actions to find out the conditions for copying the
work.

  No they can't. For at given work they always refers to the license
  covering that given work.

 ...whatever that is, which is ill-defined in many cases.

I'm not talking about many cases.

 Good.  Then perhaps you'll agree that saying This is licensed under the
 GPL with the additional restriction that is an invalid statement,
 because such a thing is not licensed under the GPL at all.

I don't agree at all. The sentence does *not* say that the thing is
licensed under the GPL. On the contrary, it says clearly, explicitly,
and unambigously that the licening terms *differ* from the GPL.

 What do you mean by cut-and-paste?

See above.

 Certainly if one hacks out the terms and conditions chunk from the
 GNU GPL and modifies it, one does not have something that it
 textually equivalent to the GNU GPL.  It's quite obvious that one
 has something different.

Yes.

 I have to reject your assertion that what happens when one constructs a
 cut-and-paste license is *textual* inclusion-by-reference.
 What happens when one constructs a cut-n-paste license is
 inclusion-by-value.

Says who? You have demonstrated that the meaning breaks down if one
tries to interpet it as inclusion of meaning. On the other hand,
everything's well when it its interpreted as inclusion of text.
What, then, makes you assert that it is the *unreasonable*
interpretation that is right?

 In inclusion-by-reference, it's vague, and clause 6 of
 the referenced GNU GPL renders the work undistributable.

When the *text* is included, clause 6 does not reference the GNU GPL
anymore; it references the product of the inclusion.

 What do you mean by cut-and-paste license?

See above.

 When I think of cut-and-paste, I think of visual operations that involve
 duplicating and reproducing text by means of a selection buffer.  You
 seem to mean a pointer, inclusion-by-reference.

The copyright statement we're discussing describes visual operations
that involve duplicating and reproducing text by means of a selection
buffer.

 I should note that, by far, most GPL-plus-added-restriction licenses
 that we've encountered on this mailing list have been inclusion by
 reference licenses.  I.e., This is licensed under the GPL with the
 additional restriction that.

I'm not sure what you mean by this notice.

 Sometimes copyright holders make utterances that cannot be rendered
 sensible, and/or have no meaning.

Yes. But that is not the case in the case. The copyright notice we are
discussing CAN be rendered sensible with a perfectly good meaning.
You just, for reasons that I still don't understand, refuse to accept
that rendering.

 You can copy and distribute this work under certain conditions.
 To find out what those conditions are, take the GNU GPL and add
 to it the requirement that you can't do baz.

 Nothing is being cut-and-pasted here.

Not yet. But the text is an instruction that the reader should do some
cut-and-pasting of his own.

 This is inclusion by reference.

Yes. It includes a series of words by reference. It does not include
their menings, because, as you have demonstrated, that would be
inconsistent.

 To see what I mean, look at the GPL, which says, these terms and
 conditions, and quite obviously means the bit between TERMS AND
 CONDITIONS FOR COPYING, DISTRIBUTION AND MODIFICATION and END OF TERMS
 AND CONDITIONS -- *in the original license text of the GNU GPL itself*.

Yes. But it does not say that you should try to *interpret* the words
found between those two markers before you have done the changes that
are described in the copyright statement.

 Add to it the requirement that you can't do baz?  This license
 statement immediately falls over dead, killed by GNU GPL clause 6.

No it doesn't. At this point in the process, clause 6 consists of
a sequence of octets that receive no meaning until AFTER the new
requirement has been added.

  Yes, of course, because your'e quoting a horrible way of doing it.

 It's *precisely* what you're asking me to do in my head with this
 virtualized cut-and-paste business.

No.

 The result looks EXACTLY like:

No. You forgot to add the restriction.

 You can copy and distribute this work under certain conditions.
 To find out what those conditions are, take the GNU GPL and add
 to it the requirement that you can't do baz.

 ,..is not it.  It is at worst a logical contradiction, and at best
 undistributable even in non-free.

It is not at all a logical contradiction, and it may even be
distributable in main. Example:

   You can copy and 

Re: PHP-Nuke License Conclusion?

2003-05-22 Thread Henning Makholm
Scripsit Nick Phillips [EMAIL PROTECTED]

 magical +3 sigh of hyperbole deflection

The branden dodges your magical sigh. The branden attacks you with a
slew of words! The branden misses!

 Maybe Henning or I should package something really trivial with a license
 such as we are debating, just to make it completely obvious what we are
 talking about.

IANADD, but I would discourage taking the
number-of-strange-packages-that-the-poor-users-have-to-wade-through-in-dselect
hostage to make a theoretical point. Let's keep some sense of proportions.

-- 
Henning Makholm   ... popping pussies into pies
  Wouldn't do in my shop
just the thought of it's enough to make you sick
   and I'm telling you them pussy cats is quick ...



Re: PHP-Nuke License Conclusion?

2003-05-22 Thread Don Armstrong
On Thu, 22 May 2003, Nick Phillips wrote: 
 I would assert, though, that it is possible to phrase one's
 construction such that it is not reasonable to argue about it. 

Sure. I think most of us would agree that an unequivocally proper
phrasing of such a construction is to rewrite the entire license.
There may be less strenuous proper phrasings, but I can't think of one
that addresses all of my concerns.

 It would then follow that the question becomes where do we draw the
 line?

I think that's something that we will have to broach for each license
that we discuss, until we get a good feel for it. I'd gather that most
of us agree with additions that grant permisions, but a few of us are
wary of additions that add restrictions. [I think some of the
discussion regarding mplayer bears this out.]


Don Armstrong

-- 
Three little words. (In decending order of importance.)
I
love
you
 -- hugh macleod http://www.gapingvoid.com/graphics/batch35.php

http://www.donarmstrong.com
http://www.anylevel.com
http://rzlab.ucr.edu


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Re: PHP-Nuke License Conclusion?

2003-05-22 Thread joemoore
Don Armstrong said:
 On Thu, 22 May 2003, Nick Phillips wrote:
 I would assert, though, that it is possible to phrase one's
 construction such that it is not reasonable to argue about it.

 Sure. I think most of us would agree that an unequivocally proper
 phrasing of such a construction is to rewrite the entire license.
 There may be less strenuous proper phrasings, but I can't think of one
 that addresses all of my concerns.

And, in fact, that rewritten license should be what's in
/usr/share/doc/packagename/copyright, not the GNU GPL.

The copyright file should have the license that applies to the work.  Not a
read the copyright file and apply this patch statement in the README file
(or worse, in about.html on the author's website, or in an email message)

--Joe




Re: PHP-Nuke License Conclusion?

2003-05-21 Thread Branden Robinson
On Tue, May 20, 2003 at 04:39:30PM +0200, Henning Makholm wrote:
 Scripsit Branden Robinson [EMAIL PROTECTED]
  On Tue, May 13, 2003 at 02:35:05PM +0200, Henning Makholm wrote:
 
   I wonder how the arguments I pointed to came into being, then, if I
   did not construct them.
 
  Which arguments?
 
 The ones IN MY MESSAGE!
 
  You keep saying they exist
 
 I keep giving them.

Well, it is in the message to which I am now replying that I am first
seeing most of them.  But anyway...

Okay, so you and Nick Phillips will cotton to the GNU GPL being a
variable rather than a constant,
 
   Strawman.
 
  How so?  You and Nick are claiming that the terms and conditions of
  the GNU GPL as applied to a work are not always the literal text of what
  lies between TERMS AND CONDITIONS FOR COPYING, DISTRIBUTION AND
  MODIFICATION and END OF TERMS AND CONDITIONS, aren't you?
 
 I say that when one constructs at cut-and-paste licence, then the
 words this license obviously refers to the entire cut-and-paste
 license, regardless of from where those words entered the
 cut-and-paste license. 

What do you mean by cut-and-paste?  And I think the wording of the GNU
GPL terms and conditions section makes the location of the words very
important, at least where additional restrictions are concerned.

  Thus, the terms and conditions -- even in written form -- of the GNU
  GPL as applied to a given work can vary,
 
 No they can't. For at given work they always refers to the license
 covering that given work.

...whatever that is, which is ill-defined in many cases.

  No, that's an incidental problem.  My point is that whatever a license
  is that is the GNU GPL plus additional restrictions (consistent or not),
  it isn't the GNU GPL.
 
 That is true. Nobody is, as far as I am aware, disagreeing with that.

Good.  Then perhaps you'll agree that saying This is licensed under the
GPL with the additional restriction that is an invalid statement,
because such a thing is not licensed under the GPL at all.

I'd say such a statement is unacceptably misleading.

  This is because the text of the GNU GPL is self-referential, and
  talks about these terms and conditions (clause 6).
 
 If one creates a new text by using the GNU GPL, the new text becomes
 self-referential too. It does not stay GPL-referential, because what
 happens when one constructs a cut-and-paste license is *textual*
 inclusion-by-reference. One does not include the *meaning* of the GPL;
 only its *text*.

What do you mean by cut-and-paste?  Certainly if one hacks out the
terms and conditions chunk from the GNU GPL and modifies it, one does
not have something that it textually equivalent to the GNU GPL.  It's
quite obvious that one has something different.

I have to reject your assertion that what happens when one constructs a
cut-and-paste license is *textual* inclusion-by-reference.

What happens when one constructs a cut-n-paste license is
inclusion-by-value.  Whatever inclusion-by-reference is, (I have to
assume it's This is licensed under the GPL with the additional
restriction that) it certainly cannot be inclusion-by-value.  In
inclusion-by-value, the meaning of these terms and conditions is clear
and unambiguous.  In inclusion-by-reference, it's vague, and clause 6 of
the referenced GNU GPL renders the work undistributable.

  What the author chooses and what he manages to express are not always in
  consistent harmony.  Copyright licensees are bound first and foremost by
  the licensor's explicit terms and conditions.  Licensees who operate
  under a gentlemen's agreement with the licensor in which they violate
  the literal terms of the license do so at their own peril.
 
 Exactly. And when an author specifies that the work is goverened by a
 cut-and-paste licence, then the text of said cut-and-paste license
 *is* the licensor's explicit terms and conditions.

What do you mean by cut-and-paste license?

When I think of cut-and-paste, I think of visual operations that involve
duplicating and reproducing text by means of a selection buffer.  You
seem to mean a pointer, inclusion-by-reference.

When I hear cut-and-paste license, I think inclusion by value.  You
seem to mean inclusion by reference.

I should note that, by far, most GPL-plus-added-restriction licenses
that we've encountered on this mailing list have been inclusion by
reference licenses.  I.e., This is licensed under the GPL with the
additional restriction that.

   On the contrary, it is obvious that if an author knowingly and
   explicitly licenses is work under the conditions of the GNU GPL, with
   the following additional restrictions: [bla bla], then the author
   intends every occurence of THESE TERMS AND CONDITIONS to refer to
   his entire combined license conditions.
 
  You're drawing an inference.  It is not obvious.
 
 I think it cannot be more obvious. It is the only way to give the
 author's utterings any sensible meaning.

Colorless green ideas sleep furiously.

Sometimes 

Re: PHP-Nuke License Conclusion?

2003-05-21 Thread Nick Phillips
On Wed, May 21, 2003 at 01:59:36AM -0500, Branden Robinson wrote:

 Good.  Then perhaps you'll agree that saying This is licensed under the
 GPL with the additional restriction that is an invalid statement,
 because such a thing is not licensed under the GPL at all.

I think that you've misparsed it. It's not saying that it's licensed under
the GPL, it's saying that it's licensed under the (terms of the GPL with
the additional restriction that... ). This, to me, is as obvious and
evident as the fact that the statement I eat only eggs and ham means that
I eat both eggs and ham, but nothing else.

 What happens when one constructs a cut-n-paste license is
 inclusion-by-value.  Whatever inclusion-by-reference is, (I have to
 assume it's This is licensed under the GPL with the additional
 restriction that) it certainly cannot be inclusion-by-value.  In
 inclusion-by-value, the meaning of these terms and conditions is clear
 and unambiguous.  In inclusion-by-reference, it's vague, and clause 6 of
 the referenced GNU GPL renders the work undistributable.

No it doesn't. To me this seems a ridiculous interpretation.

[snip]

 The result looks EXACTLY like:
 
 Copyright 2003 Joe Blow.
 
   TERMS AND CONDITIONS FOR COPYING, DISTRIBUTION AND MODIFICATION
 
   1) You can do foo.
   2) You can do bar.
   3) You can do baz.
   4) Each time you redistribute the Program (or any work based on the
   Program), the recipient automatically receives a license from the
   original licensor to copy, distribute or modify the Program subject to
   these terms and conditions. You may not impose any further restrictions
   on the recipients' exercise of the rights granted herein. You are not
   responsible for enforcing compliance by third parties to this License.
 
   END OF TERMS AND CONDITIONS


Now what are you going to do with the overriding requirement that you can't do
baz? Let's see...

The result looks EXACTLY like:
 
 Copyright 2003 Joe Blow.
 
   TERMS AND CONDITIONS FOR COPYING, DISTRIBUTION AND MODIFICATION
 
   1) You can do foo.
   2) You can do bar.
   3) Each time you redistribute the Program (or any work based on the
   Program), the recipient automatically receives a license from the
   original licensor to copy, distribute or modify the Program subject to
   these terms and conditions. You may not impose any further restrictions
   on the recipients' exercise of the rights granted herein. You are not
   responsible for enforcing compliance by third parties to this License.

 
   END OF TERMS AND CONDITIONS

Or, in a murkier case, where the permission to do baz was joined to
something else, or implicit in something else, something like:

The result looks EXACTLY like:
 
 Copyright 2003 Joe Blow.

   TERMS AND CONDITIONS FOR COPYING, DISTRIBUTION AND MODIFICATION
 
   0) You may not do baz. This clause overrides and takes precedence over
any subsequent contrary clauses.
   1) You can do foo.
   2) You can do bar and baz.
   3) Each time you redistribute the Program (or any work based on the
   Program), the recipient automatically receives a license from the
   original licensor to copy, distribute or modify the Program subject to
   these terms and conditions. You may not impose any further restrictions
   on the recipients' exercise of the rights granted herein. You are not
   responsible for enforcing compliance by third parties to this License.
 
   END OF TERMS AND CONDITIONS

 license immediately falls over dead.  The licensor has simultaneously
 told me I am allowed to do baz, and I am not allowed to do baz.

NO HE HASN'T. See above.

  He
 needs to get his story straight, and this sort of garbage is not
 acceptable in Debian.  Not main, not non-free, not anywhere.  It's all
 rights reserved.  When a licensor cannot even make a coherent statement
 of license, it is imprudent in the extreme to make assumptions about his
 intentions.

magical +3 sigh of hyperbole deflection
Maybe Henning or I should package something really trivial with a license
such as we are debating, just to make it completely obvious what we are
talking about. At least then we'd have something concrete to talk about.

I might do that if I find some time somewhere.

 As I said before: when the GNU GPL says this License and herein,
 these terms are not variables.  They are constants.  They always and
 forever will refer to the terms and conditions laid out within the same
 document.  It is not semantically possible for a different meaning to be
 superimposed on these words without changing the content, and thus the
 identity, of the document.

You can define a dog to be a cat if it pleases you -- as indeed some
gentlemen's club does (No dogs. For the purposes of these rules, a
dog leading a blind person shall be deemed to be a cat... or similar).

 As a matter of policy, I think it is prudent to discourage licensors
 from riding on the back of the GPL's success and goodwill by misleading
 people as to both the license's freeness


Re: PHP-Nuke License Conclusion?

2003-05-21 Thread Edmund GRIMLEY EVANS
Nick Phillips [EMAIL PROTECTED]:

  As I said before: when the GNU GPL says this License and herein,
  these terms are not variables.  They are constants.  They always and
  forever will refer to the terms and conditions laid out within the same
  document.

Perhaps GPLv3 should solve this ambiguity by being a quine.

Edmund



Re: PHP-Nuke License Conclusion?

2003-05-21 Thread Don Armstrong
On Wed, 21 May 2003, Nick Phillips wrote:
 Now what are you going to do with the overriding requirement that you
 can't do baz? Let's see...
 
 The result looks EXACTLY like:
  
  Copyright 2003 Joe Blow.
  
TERMS AND CONDITIONS FOR COPYING, DISTRIBUTION AND MODIFICATION
  
1) You can do foo.
2) You can do bar.
3) Each time you redistribute the Program (or any work based on the
Program), the recipient automatically receives a license from the
original licensor to copy, distribute or modify the Program subject to
these terms and conditions. You may not impose any further restrictions
on the recipients' exercise of the rights granted herein. You are not
responsible for enforcing compliance by third parties to this License.
 
  
END OF TERMS AND CONDITIONS

Can you quote caselaw that demonstrates this to be the case? As far as
I can remember, I've never heard of such a license with additional
riders being litigated. [But then again, I'm not a lawyer, nor am I an
expert in licenses.]

I hope we can agree that the fact that such a license contains an
internal contradiction is open to interpretation, and litigation (most
likely) would have to ensue with an as of yet undetermined outcome.
The acceptance of licenses into Debian with dubious legality and/or
grants of permision is not something that we should coutenance
lightly. [I know that if such a license were to cross my desk for a
project that I was doing any serious work on, I would require
clarification from legal counsel and most likely they would want to
see some sort of clarification from the author as well.]


Don Armstrong

-- 
There's nothing remarkable about it. All one has to do is hit the
right keys at the right time and the instrument plays itself.
 -- Bach 

http://www.donarmstrong.com
http://www.anylevel.com
http://rzlab.ucr.edu


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Re: PHP-Nuke License Conclusion?

2003-05-20 Thread Branden Robinson
On Tue, May 13, 2003 at 02:35:05PM +0200, Henning Makholm wrote:
 Scripsit Branden Robinson [EMAIL PROTECTED]
  On Tue, May 13, 2003 at 06:46:31AM +0200, Henning Makholm wrote:
 
   Digging in the archives turns up that it has not always been you who
   made the false claim that GPL+more restrictions is necessarily
   internally inconsistent. I apologize for implying that.
 
  Calling it a false claim is overreaching given that you've never
  actually constructed an argument illustrating its falsity.
 
 I wonder how the arguments I pointed to came into being, then, if I
 did not construct them.

Which arguments?  You keep saying they exist, and keep failing to cite
them, whether by reference or inclusion.

  Okay, so you and Nick Phillips will cotton to the GNU GPL being a
  variable rather than a constant,
 
 Strawman.

How so?  You and Nick are claiming that the terms and conditions of
the GNU GPL as applied to a work are not always the literal text of what
lies between TERMS AND CONDITIONS FOR COPYING, DISTRIBUTION AND
MODIFICATION and END OF TERMS AND CONDITIONS, aren't you?

Thus, the terms and conditions -- even in written form -- of the GNU
GPL as applied to a given work can vary, even when the written text
between TERMS AND CONDITIONS FOR COPYING, DISTRIBUTION AND
MODIFICATION and END OF TERMS AND CONDITIONS does not in fact change.

 Your only point seems to be that *sometimes* the description of
 such almost-but-not-quite-GPL licensing terms is phrased in unclear
 and possibly inconsistent ways.

No, that's an incidental problem.  My point is that whatever a license
is that is the GNU GPL plus additional restrictions (consistent or not),
it isn't the GNU GPL.

 This in no way entails that *every*
 set of almost-but-not-quite-GPL licensing terms must be unclear and
 inconsistent.

Where the set includes restrictions on activity not enumerated between
TERMS AND CONDITIONS FOR COPYING, DISTRIBUTION AND MODIFICATION and
END OF TERMS AND CONDITIONS, that's correct.  This is because the text
of the GNU GPL is self-referential, and talks about these terms and
conditions (clause 6).

[I have asserted that the way most people add restrictions to the GNU
GPL] -- at least in cases that have come to my attention via the
debian-legal list -- results in a license that is internally
inconsistent, and thus impossible to satisfy while exercising one's
traditional freedoms with a copyleft.
 
 Even here, you seem to argue that because the way most people add
 restrictions is wrong, and often internally inconsistent - which I do
 not deny, mind you - it is impossible to add restrictions.

If they were to modify the GPL text, they could achieve what they desire
in a (potentially) self-consistent way.  Most people don't bother to do
this.

Observation One
---
The scope of the terms and conditions, a.k.a. restrictions, is clearly
defined by the text of the GNU GPL.  Any restrictions beyond that are
forbidden by section six.
 
 Section six has absolutely no power over how an individual, sole,
 author may or may not chose to license his work.

What the author chooses and what he manages to express are not always in
consistent harmony.  Copyright licensees are bound first and foremost by
the licensor's explicit terms and conditions.  Licensees who operate
under a gentlemen's agreement with the licensor in which they violate
the literal terms of the license do so at their own peril.

I do not think the Debian Project should encourage its users to assume
that they are the beneficiaries of a gentlemen's agreement with the
licensor, when no such agreement was actually formed.

It is obvious to me that THESE TERMS AND CONDITIONS is meant to refer
to the text between TERMS AND CONDITIONS FOR COPYING, DISTRIBUTION AND
MODIFICATION and END OF TERMS AND CONDITIONS.
 
 No.

Well, then, I suspect we have an unbridgeable gulf here.

 On the contrary, it is obvious that if an author knowingly and
 explicitly licenses is work under the conditions of the GNU GPL, with
 the following additional restrictions: [bla bla], then the author
 intends every occurence of THESE TERMS AND CONDITIONS to refer to
 his entire combined license conditions.

You're drawing an inference.  It is not obvious.  When an author uses
the GNU GPL, he is speaking with his own voice, not the Free Software
Foundation's.

When an author says to me:

Copyright 2003 Joe Blow.

  TERMS AND CONDITIONS FOR COPYING, DISTRIBUTION AND MODIFICATION

  1) You can do foo.
  2) You can do bar.
  3) You can do baz.
  4) Each time you redistribute the Program (or any work based on the
  Program), the recipient automatically receives a license from the
  original licensor to copy, distribute or modify the Program subject to
  these terms and conditions. You may not impose any further restrictions
  on the recipients' exercise of the rights granted herein. You are not
  responsible for enforcing compliance by third 

Re: PHP-Nuke License Conclusion?

2003-05-20 Thread Henning Makholm
Scripsit Branden Robinson [EMAIL PROTECTED]
 On Tue, May 13, 2003 at 02:35:05PM +0200, Henning Makholm wrote:

  I wonder how the arguments I pointed to came into being, then, if I
  did not construct them.

 Which arguments?

The ones IN MY MESSAGE!

 You keep saying they exist

I keep giving them.

   Okay, so you and Nick Phillips will cotton to the GNU GPL being a
   variable rather than a constant,

  Strawman.

 How so?  You and Nick are claiming that the terms and conditions of
 the GNU GPL as applied to a work are not always the literal text of what
 lies between TERMS AND CONDITIONS FOR COPYING, DISTRIBUTION AND
 MODIFICATION and END OF TERMS AND CONDITIONS, aren't you?

I say that when one constructs at cut-and-paste licence, then the
words this license obviously refers to the entire cut-and-paste
license, regardless of from where those words entered the
cut-and-paste license. 

 Thus, the terms and conditions -- even in written form -- of the GNU
 GPL as applied to a given work can vary,

No they can't. For at given work they always refers to the license
covering that given work.

 No, that's an incidental problem.  My point is that whatever a license
 is that is the GNU GPL plus additional restrictions (consistent or not),
 it isn't the GNU GPL.

That is true. Nobody is, as far as I am aware, disagreeing with that.

 This is because the text of the GNU GPL is self-referential, and
 talks about these terms and conditions (clause 6).

If one creates a new text by using the GNU GPL, the new text becomes
self-referential too. It does not stay GPL-referential, because what
happens when one constructs a cut-and-paste license is *textual*
inclusion-by-reference. One does not include the *meaning* of the GPL;
only its *text*.

 What the author chooses and what he manages to express are not always in
 consistent harmony.  Copyright licensees are bound first and foremost by
 the licensor's explicit terms and conditions.  Licensees who operate
 under a gentlemen's agreement with the licensor in which they violate
 the literal terms of the license do so at their own peril.

Exactly. And when an author specifies that the work is goverened by a
cut-and-paste licence, then the text of said cut-and-paste license
*is* the licensor's explicit terms and conditions.

  On the contrary, it is obvious that if an author knowingly and
  explicitly licenses is work under the conditions of the GNU GPL, with
  the following additional restrictions: [bla bla], then the author
  intends every occurence of THESE TERMS AND CONDITIONS to refer to
  his entire combined license conditions.

 You're drawing an inference.  It is not obvious.

I think it cannot be more obvious. It is the only way to give the
author's utterings any sensible meaning.

 When an author says to me:

But that is a bad example. What the author is saying to you is

   You can copy and distribute this work under certain conditions.
   To find out what those conditions are, take the GNU GPL and add
   to it the requirement that you can't do baz.

 ..then I become confused because he is simultaneously telling me I can
 and cannot do baz.

Yes, of course, because your'e quoting a horrible way of doing it.
As far as I'm concerned, this discussions is still not about is there
a horrible way of doing this? but is there a valid way of doing
it?.

 Observation Three
 -
 The FSF does not want people forking the GPL, and think that license
 proliferation is a bad thing.

  This is true, but it does nothing to argue that a fork would be
  internally inconsistent.

 And I have not made such an argument.

Then I don't see why we are arguing at all?

 People can fork the terms and conditions of GNU GPL all they want as
 far as I'm concerned, but if they create a license document that is
 self-contradictory

Since you have not made such an argument [that a cut-and-paste
license is self-contradictory], then what's the point?

 However, in practice, most people don't do what the FSF recommends in
 their FAQ.  They just say it's under the GPL and slap extra
 restrictions somewhere else -- perhaps in a README file.

  Which I can easily agree is internally inconsistent and may make the
  work undistributable.

 Okay.  You can easily agree -- but you're not going to???

I *am* agreeing that the particular practise you describe is
internally inconsistent. I do not agree that this is also the case for
every *other* way of creating a (non-free) licence by adding
restrictions to the GPL.

  But this still does not mean that adding additional restrictions is OF
  NECESSITY internally inconsistent.

 It is if they use the GNU GPL's terms and conditions as-is.

I'm not talking about cases where people use the GNU GPL's terms and
conditions as-is. I'm talking about cases where people *explicitly*
do *not* use them as-is, but only as an expository aid for describing
what they mean.

  The words you used were

  || Debian interprets this 

Re: PHP-Nuke License Conclusion?

2003-05-18 Thread Henning Makholm
Scripsit Anthony DeRobertis [EMAIL PROTECTED]
 On Tue, 2003-05-13 at 08:35, Henning Makholm wrote:

  Your only point seems to be that *sometimes* the description of
  such almost-but-not-quite-GPL licensing terms is phrased in unclear
  and possibly inconsistent ways. This in no way entails that *every*
  set of almost-but-not-quite-GPL licensing terms must be unclear and
  inconsistent.

 Allow me to yell straw man! back to you, then, please. I don't argue
 that.

Certainly you didn't. I was speaking to Branden.

 Instead I argue that using the FSF GPL boiler plate, Foo is free
 software; you can..., and then at the bottom tacking on additional
 restrictions is inconsistent.

That would depend on one's concrete interpretation of what free
software means. I agree that the licensing will only be consistent if
the extra restrictions are mentioned explicitly in the same sentence
that refers to the GPL.

  Even here, you seem to argue that because the way most people add
  restrictions is wrong, and often internally inconsistent - which I do
  not deny, mind you - it is impossible to add restrictions.

 I'm not sure how to reconcile it is impossible to add restrictions
 with later portions of your message, snipped. Please clarify.

It was the conclusion to the because earlier in the sentence.

 Sure there is. Modify the license, and call it something else. Snip off
 the FSF spiel around it. Just like the GPL FAQ says.

I don't see how the very same license terms can be considered
consistent if they are given explicitly but inconsistent if they
are given as (unambigous) instructions for how to assemble the
text from the GPL plus other matter.

 I hope all of us here agree that ASlL must be evaluated for freeness on
 its own merits: If as a whole ASlL meets the guidelines, it is free; if
 not, is is non-free.

Agreed.

  On the contrary, I think it is the
  honest way to go about it, rather than reproducing the entire load
  of legalese as the Foobar Public License and hiding the
  incriminating restrictions in the midst of vaguely-familiar licensing
  text that nobody is going to read closely anyway because it just looks
  like a revamped GPL anyway.

 It won't look at all like the GPL because it won't have the FSF
 preamble, and will call itself by a different name.

*In practise* it will look very much like GPL to the fine people on
debian-legal who read licenses and try to find out wheter they are
free or not. The incriminating restrictions will be much easier to
find if they are spelled out explicitly as differences from the GPL
than if we have to do a visual diff ourselves to hunt them down.

-- 
Henning Makholm Nemo enim fere saltat sobrius, nisi forte insanit.



Re: PHP-Nuke License Conclusion?

2003-05-17 Thread Anthony DeRobertis
On Tue, 2003-05-13 at 08:35, Henning Makholm wrote:
 
 Your only point seems to be that *sometimes* the description of
 such almost-but-not-quite-GPL licensing terms is phrased in unclear
 and possibly inconsistent ways. This in no way entails that *every*
 set of almost-but-not-quite-GPL licensing terms must be unclear and
 inconsistent.

Allow me to yell straw man! back to you, then, please. I don't argue
that. Instead I argue that using the FSF GPL boiler plate, Foo is free
software; you can..., and then at the bottom tacking on additional
restrictions is inconsistent. I also argue that similar constructions
are inconsistent.

So, we might be agreeing here:

 Even here, you seem to argue that because the way most people add
 restrictions is wrong, and often internally inconsistent - which I do
 not deny, mind you - it is impossible to add restrictions.

I'm not sure how to reconcile it is impossible to add restrictions
with later portions of your message, snipped. Please clarify.


 || Debian interprets this License and herein to mean the
 || conditions of the GNU GPL expressed in its text; no more and no
 || less.
 
 which does not seem to me to acknowledge that there is a right way to
 add extra restrictions. (Right as in probably legally sound, not
 right as in free).

Sure there is. Modify the license, and call it something else. Snip off
the FSF spiel around it. Just like the GPL FAQ says.

If I distribute software under a hypothetical Anthony's Silly-like
License (ASlL), which just happens to very closely resemble the GPL, I
hope all of us here agree that ASlL must be evaluated for freeness on
its own merits: If as a whole ASlL meets the guidelines, it is free; if
not, is is non-free.

 But I still do not think you have offered any convincing arguments
 that GPL with the following additional restrictions: [blah blah]
 is a bad name to rename it to.

http://www.gnu.org/licenses/gpl-faq.html#ModifyGPL

I guess you'd be fine as long as you remove the FSF preamble and change
the instructions at the end. Not sure what license the preamble and
instructions are under; essentially, the preamble is the FSF's
endorsement of the GPL, I doubt they'd like it on an almost-GPL license
unless they gave permission.

 On the contrary, I think it is the
 honest way to go about it, rather than reproducing the entire load
 of legalese as the Foobar Public License and hiding the
 incriminating restrictions in the midst of vaguely-familiar licensing
 text that nobody is going to read closely anyway because it just looks
 like a revamped GPL anyway.

It won't look at all like the GPL because it won't have the FSF
preamble, and will call itself by a different name. 



signature.asc
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Re: PHP-Nuke License Conclusion?

2003-05-13 Thread Henning Makholm
Scripsit Branden Robinson [EMAIL PROTECTED]

 If you don't share my position, that's fine, but you haven't yet
 articulated why.

I have. Multiple times. Someone using your name and imitating your
style of writing rather convincingly have replied to several of those
postings.

Digging in the archives turns up that it has not always been you who
made the false claim that GPL+more restrictions is necessarily
internally inconsistent. I apologize for implying that.

I point you to
 http://lists.debian.org/debian-legal/1999/debian-legal-199912/msg00231.html
 http://lists.debian.org/debian-legal/2002/debian-legal-200210/msg00093.html
 http://lists.debian.org/debian-legal/2003/debian-legal-200303/msg00025.html
 http://lists.debian.org/debian-legal/2003/debian-legal-200303/msg7.html

and (not by me but arguing the same point)

 http://lists.debian.org/debian-legal/2003/debian-legal-200303/msg0.html

 Please address the arguments in
 http://lists.debian.org/debian-legal/2003/debian-legal-200304/msg00294.html

Your core argument in that message is

| However, in practice, most people don't do what the FSF recommends in
| their FAQ.  They just say it's under the GPL and slap extra
| restrictions somewhere else -- perhaps in a README file.

I am completely unconvinced by your tacit leap from most people do
this wrong to it is impossible to do it right, and Debian always
interprets even cases where it is done right as non-distributable.

-- 
Henning Makholm Slip den panserraket og læg
  dig på jorden med ansigtet nedad!



Re: PHP-Nuke License Conclusion?

2003-05-13 Thread Henning Makholm
Scripsit Branden Robinson [EMAIL PROTECTED]
 On Tue, May 13, 2003 at 06:46:31AM +0200, Henning Makholm wrote:

  Digging in the archives turns up that it has not always been you who
  made the false claim that GPL+more restrictions is necessarily
  internally inconsistent. I apologize for implying that.

 Calling it a false claim is overreaching given that you've never
 actually constructed an argument illustrating its falsity.

I wonder how the arguments I pointed to came into being, then, if I
did not construct them.

 Okay, so you and Nick Phillips will cotton to the GNU GPL being a
 variable rather than a constant,

Strawman.

  I am completely unconvinced by your tacit leap from most people do
  this wrong to it is impossible to do it right, and Debian always
  interprets even cases where it is done right as non-distributable.

 This is refutation by assertion.  You haven't addressed my points at
 all.

Your only point seems to be that *sometimes* the description of
such almost-but-not-quite-GPL licensing terms is phrased in unclear
and possibly inconsistent ways. This in no way entails that *every*
set of almost-but-not-quite-GPL licensing terms must be unclear and
inconsistent.

   [I have asserted that the way most people add restrictions to the GNU
   GPL] -- at least in cases that have come to my attention via the
   debian-legal list -- results in a license that is internally
   inconsistent, and thus impossible to satisfy while exercising one's
   traditional freedoms with a copyleft.

Even here, you seem to argue that because the way most people add
restrictions is wrong, and often internally inconsistent - which I do
not deny, mind you - it is impossible to add restrictions.

   Observation One
   ---
   The scope of the terms and conditions, a.k.a. restrictions, is clearly
   defined by the text of the GNU GPL.  Any restrictions beyond that are
   forbidden by section six.

Section six has absolutely no power over how an individual, sole,
author may or may not chose to license his work.

   It is obvious to me that THESE TERMS AND CONDITIONS is meant to refer
   to the text between TERMS AND CONDITIONS FOR COPYING, DISTRIBUTION AND
   MODIFICATION and END OF TERMS AND CONDITIONS.

No. On the contrary, it is obvious that if an author knowingly and
explicitly licenses is work under the conditions of the GNU GPL, with
the following additional restrictions: [bla bla], then the author
intends every occurence of THESE TERMS AND CONDITIONS to refer to
his entire combined license conditions.

   Observation Two
   ---
   The FSF claims copyright in the text of the GPL itself, and does not
   extend permission to anyone to modify it.

Actually, the FSF does permit people to use the legal language in the
GPL as the baseline of other licenses (see your own quote from the GPL
FAQ below). They will not like it, and they will call people who do it
nasty names, but they do not claim the legal power to prevent it.

   Therefore, making modifications to the area between TERMS AND
   CONDITIONS FOR COPYING, DISTRIBUTION AND MODIFICATION and END OF TERMS
   AND CONDITIONS might be considered by the FSF as an infringement of
   their copyright in the text of the GNU GPL.

Wrong (see above, and below). But even if *making* the modifications
were illegal, it is beyond the powers of the FSF to forbid people to
*imagine* modifications, and use such imagination as a succint way to
describe their own licensing terms.

   Observation Three
   -
   The FSF does not want people forking the GPL, and think that license
   proliferation is a bad thing.

This is true, but it does nothing to argue that a fork would be
internally inconsistent.

   Although we will not raise legal objections to your making a
   modified license in this way, we hope you will think twice and not
   do it.

Note this excerpt from your own FSF quote.

   However, in practice, most people don't do what the FSF recommends in
   their FAQ.  They just say it's under the GPL and slap extra
   restrictions somewhere else -- perhaps in a README file.

Which I can easily agree is internally inconsistent and may make the
work undistributable. But this still does not mean that adding
additional restrictions is OF NECESSITY internally inconsistent.

   It is this practice that I call internally inconsistent,

The words you used were

|| Debian interprets this License and herein to mean the
|| conditions of the GNU GPL expressed in its text; no more and no
|| less.

which does not seem to me to acknowledge that there is a right way to
add extra restrictions. (Right as in probably legally sound, not
right as in free).

   And, of course, even if one feels that this isn't a
   problem, there is *still* the issue of incompatibility with all other
   GPLed works in the world.

I do not deny this. But an incompatible license can still be
*internally* consistent.

   I therefore think it's a good idea for people 

Re: PHP-Nuke License Conclusion?

2003-05-12 Thread Henning Makholm
Scripsit Branden Robinson [EMAIL PROTECTED]
 On Thu, May 08, 2003 at 09:14:30AM +0200, Henning Makholm wrote:
  Scripsit Branden Robinson [EMAIL PROTECTED]
   On Wed, May 07, 2003 at 04:53:03PM +0200, Henning Makholm wrote:
Scripsit Branden Robinson [EMAIL PROTECTED]

 Debian interprets this License and herein to mean the
 conditions of the GNU GPL expressed in its text; no more
 and no less.

s/Debian/Branden Robinson/

   I hadn't noticed any objections to my analysis,

 The message to which I am referring is:
 http://lists.debian.org/debian-legal/2003/debian-legal-200304/msg00294.html

The message to which *I* was referring was the one I quoted, which
asserted that Debian does *in general* not recognize the possiblity of
licensing a work under a patched-together license that consists of GPL
plus additional restrictions (where this License is implicitly or
explicitly understood to be interpreted to include the additional
restrictions).

-- 
Henning Makholm  What has it got in its pocketses?



Re: PHP-Nuke License Conclusion?

2003-05-12 Thread Branden Robinson
On Mon, May 12, 2003 at 03:58:36PM +0200, Henning Makholm wrote:
 Scripsit Branden Robinson [EMAIL PROTECTED]
  On Thu, May 08, 2003 at 09:14:30AM +0200, Henning Makholm wrote:
   Scripsit Branden Robinson [EMAIL PROTECTED]
On Wed, May 07, 2003 at 04:53:03PM +0200, Henning Makholm wrote:
 Scripsit Branden Robinson [EMAIL PROTECTED]
 
  Debian interprets this License and herein to mean the
  conditions of the GNU GPL expressed in its text; no more
  and no less.
 
 s/Debian/Branden Robinson/
 
I hadn't noticed any objections to my analysis,
 
  The message to which I am referring is:
  http://lists.debian.org/debian-legal/2003/debian-legal-200304/msg00294.html
 
 The message to which *I* was referring was the one I quoted, which
 asserted that Debian does *in general* not recognize the possiblity of
 licensing a work under a patched-together license that consists of GPL
 plus additional restrictions (where this License is implicitly or
 explicitly understood to be interpreted to include the additional
 restrictions).

The message to which *you* were referring was a brief recapitulation, by
me, of a longer and more comprehensive analysis, also by me, in
http://lists.debian.org/debian-legal/2003/debian-legal-200304/msg00294.html.

If you don't share my position, that's fine, but you haven't yet
articulated why.  Please address the arguments in
http://lists.debian.org/debian-legal/2003/debian-legal-200304/msg00294.html
so that I can understand your perspective, and so that I can think of
some grounds other than contrarianism for people on this list to feel
that my position shouldn't be representative of the group.  (I am
accustomed to people hollering when I forward an argument that people
find objectionable, which didn't happen in the case of
http://lists.debian.org/debian-legal/2003/debian-legal-200304/msg00294.html.)

-- 
G. Branden Robinson|  I came, I saw, she conquered.
Debian GNU/Linux   |  The original Latin seems to have
[EMAIL PROTECTED] |  been garbled.
http://people.debian.org/~branden/ |  -- Robert Heinlein


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Re: PHP-Nuke License Conclusion?

2003-05-09 Thread Steve Langasek
On Thu, May 08, 2003 at 11:20:33AM -0500, Branden Robinson wrote:
 On Thu, May 08, 2003 at 09:14:30AM +0200, Henning Makholm wrote:
  Scripsit Branden Robinson [EMAIL PROTECTED]
   On Wed, May 07, 2003 at 04:53:03PM +0200, Henning Makholm wrote:
Scripsit Branden Robinson [EMAIL PROTECTED]
  
 Debian interprets this License and herein to mean the conditions 
 of
 the GNU GPL expressed in its text; no more and no less.
  
s/Debian/Branden Robinson/
  
   I hadn't noticed any objections to my analysis,
  
  Well, good job then that you managed to reply to mine.
  (Don't have the archive link with me right now, but will dig).

 The message to which I am referring is:

 http://lists.debian.org/debian-legal/2003/debian-legal-200304/msg00294.html

While I agree with that post in general, I don't think it's germane to
the case of PHP-Nuke.  The PHP-Nuke author claims that the requirement
to display the footer is built into the GPL (clause 2c); a license
clarification, however bizarre, is not the same thing as an additional
restriction. 

-- 
Steve Langasek
postmodern programmer


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Re: PHP-Nuke License Conclusion?

2003-05-09 Thread Branden Robinson
On Fri, May 09, 2003 at 11:17:40AM -0500, Steve Langasek wrote:
  http://lists.debian.org/debian-legal/2003/debian-legal-200304/msg00294.html
 
 While I agree with that post in general, I don't think it's germane to
 the case of PHP-Nuke.  The PHP-Nuke author claims that the requirement
 to display the footer is built into the GPL (clause 2c); a license
 clarification, however bizarre, is not the same thing as an additional
 restriction. 

Then what does he need that README for?

-- 
G. Branden Robinson|Damnit, we're all going to die;
Debian GNU/Linux   |let's die doing something *useful*!
[EMAIL PROTECTED] |-- Hal Clement, on comments that
http://people.debian.org/~branden/ |   space exploration is dangerous


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Re: PHP-Nuke License Conclusion?

2003-05-08 Thread Henning Makholm
Scripsit Branden Robinson [EMAIL PROTECTED]
 On Wed, May 07, 2003 at 04:53:03PM +0200, Henning Makholm wrote:
  Scripsit Branden Robinson [EMAIL PROTECTED]

   Debian interprets this License and herein to mean the conditions of
   the GNU GPL expressed in its text; no more and no less.

  s/Debian/Branden Robinson/

 I hadn't noticed any objections to my analysis,

Well, good job then that you managed to reply to mine.
(Don't have the archive link with me right now, but will dig).

-- 
Henning Makholm Jeg forstår mig på at anvende sådanne midler på
   folks legemer, at jeg kan varme eller afkøle dem,
som jeg vil, og få dem til at kaste op, hvis det er det,
  jeg vil, eller give afføring og meget andet af den slags.



Re: PHP-Nuke License Conclusion?

2003-05-08 Thread Branden Robinson
On Thu, May 08, 2003 at 09:14:30AM +0200, Henning Makholm wrote:
 Scripsit Branden Robinson [EMAIL PROTECTED]
  On Wed, May 07, 2003 at 04:53:03PM +0200, Henning Makholm wrote:
   Scripsit Branden Robinson [EMAIL PROTECTED]
 
Debian interprets this License and herein to mean the conditions of
the GNU GPL expressed in its text; no more and no less.
 
   s/Debian/Branden Robinson/
 
  I hadn't noticed any objections to my analysis,
 
 Well, good job then that you managed to reply to mine.
 (Don't have the archive link with me right now, but will dig).

The message to which I am referring is:

http://lists.debian.org/debian-legal/2003/debian-legal-200304/msg00294.html

-- 
G. Branden Robinson|One man's theology is another man's
Debian GNU/Linux   |belly laugh.
[EMAIL PROTECTED] |-- Robert Heinlein
http://people.debian.org/~branden/ |


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Re: PHP-Nuke License Conclusion?

2003-05-07 Thread Branden Robinson
On Sun, May 04, 2003 at 04:44:39PM -0500, Steve Langasek wrote:
 The copyright holder of a work is free to license the work under the
 terms of his choosing.  Although the PHP-Nuke author has stated the work
 is under the GPL, he imposes the additional restriction (one which we
 believe is NOT part of the GPL normally) to display credits on every web
 page output by the software.  As such, the consensus on debian-legal is
 that PHP-Nuke does not comply with the DFSG and should not be included
 in Debian's main archive.

This point should probably be clarified.  The reason PHP-Nuke was
regarded as non-DFSG-free was because the author's additional
restriction created, in our opinion, a license that was impossible to
satisfy.  Sections 6 and 7 of the GNU GPL say:

  6.  Each time you redistribute the Program (or any work based on the
  Program), the recipient automatically receives a license from the
  original licensor to copy, distribute or modify the Program subject to
  these terms and conditions. You may not impose any further
  restrictions on the recipients' exercise of the rights granted herein.
  You are not responsible for enforcing compliance by third parties to
  this License.

  7. If, as a consequence of a court judgment or allegation of patent
  infringement or for any other reason (not limited to patent issues),
  conditions are imposed on you (whether by court order, agreement or
  otherwise) that contradict the conditions of this License, they do not
  excuse you from the conditions of this License. If you cannot
  distribute so as to satisfy simultaneously your obligations under this
  License and any other pertinent obligations, then as a consequence you
  may not distribute the Program at all.

Debian interprets this License and herein to mean the conditions of
the GNU GPL expressed in its text; no more and no less.  We interpreted
the PHP-Nuke author's additional restriction as just that, with the
consequences you'd expect from the above.  In our assessment, PHP-Nuke
isn't licensed to the public at all (as far as we can tell), and we
cannot distribute it -- even in our non-free archive.

-- 
G. Branden Robinson|Build a fire for a man, and he'll
Debian GNU/Linux   |be warm for a day.  Set a man on
[EMAIL PROTECTED] |fire, and he'll be warm for the
http://people.debian.org/~branden/ |rest of his life. - Terry Pratchett


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Re: PHP-Nuke License Conclusion?

2003-05-07 Thread Henning Makholm
Scripsit Branden Robinson [EMAIL PROTECTED]

 This point should probably be clarified.  The reason PHP-Nuke was
 regarded as non-DFSG-free was because the author's additional
 restriction created, in our opinion, a license that was impossible to
 satisfy.

I thought that the reason was that the combined license is simply not
free, even if one interprets it in a self-consistent way.

 Debian interprets this License and herein to mean the conditions of
 the GNU GPL expressed in its text; no more and no less.

s/Debian/Branden Robinson/

-- 
Henning Makholm Det er du nok fandens ene om at
 mene. For det ligger i Australien!



Re: PHP-Nuke License Conclusion?

2003-05-07 Thread Steve Langasek
On Wed, May 07, 2003 at 04:53:03PM +0200, Henning Makholm wrote:

  This point should probably be clarified.  The reason PHP-Nuke was
  regarded as non-DFSG-free was because the author's additional
  restriction created, in our opinion, a license that was impossible to
  satisfy.

 I thought that the reason was that the combined license is simply not
 free, even if one interprets it in a self-consistent way.

  Debian interprets this License and herein to mean the conditions of
  the GNU GPL expressed in its text; no more and no less.

 s/Debian/Branden Robinson/

Quite.  I don't believe there was any consensus that the license was
inconsistent, just that it was a) non-free, and b) not compatible with
other GPL software.

-- 
Steve Langasek
postmodern programmer


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Re: PHP-Nuke License Conclusion?

2003-05-07 Thread Branden Robinson
On Wed, May 07, 2003 at 04:53:03PM +0200, Henning Makholm wrote:
 Scripsit Branden Robinson [EMAIL PROTECTED]
 
  This point should probably be clarified.  The reason PHP-Nuke was
  regarded as non-DFSG-free was because the author's additional
  restriction created, in our opinion, a license that was impossible to
  satisfy.
 
 I thought that the reason was that the combined license is simply not
 free, even if one interprets it in a self-consistent way.

That may be, but I think we should be conservative in our rulings.  We
don't have to address the issue of whether the putative license is
DFSG-free if the work in question is de facto not licensed at all.

  Debian interprets this License and herein to mean the conditions of
  the GNU GPL expressed in its text; no more and no less.
 
 s/Debian/Branden Robinson/

I hadn't noticed any objections to my analysis, so I assumed people were
at least moderately comfortable with it.

If that's not the case, please refresh my memory, or present a critique
now.

-- 
G. Branden Robinson|   The software said it required
Debian GNU/Linux   |   Windows 3.1 or better, so I
[EMAIL PROTECTED] |   installed Linux.
http://people.debian.org/~branden/ |


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PHP-Nuke License Conclusion?

2003-05-04 Thread Ron
Hello,
I found the thread at
http://lists.debian.org/debian-legal/2003/debian-legal-200302/msg00164.html
regarding the licensing information on PHP-Nuke.  Unfortunately, I was
unable to find a conclusion/consensus on the issue.  As an end user of this
program, can anyone tell me if this program qualifies as Free Software?   I
do not wish to spew out a powered by PHP-Nuke footer on every page.  I do
not believe that this is in the spirit of the GPL at all.  I wish to display
credits on a seperate page on my site, not as a footer on every page.

Am I allowed to do this?  Is the PHP-Nuke author allowed to force the users
to display messages on all their web pages?  I will move to a different CMS
if this is the case.

Thank you for your time and assistance.




Re: PHP-Nuke License Conclusion?

2003-05-04 Thread Steve Langasek
Hi Ron,

On Sun, May 04, 2003 at 12:26:34PM -0400, Ron wrote:

 I found the thread at
 http://lists.debian.org/debian-legal/2003/debian-legal-200302/msg00164.html
 regarding the licensing information on PHP-Nuke.  Unfortunately, I was
 unable to find a conclusion/consensus on the issue.  As an end user of this
 program, can anyone tell me if this program qualifies as Free Software?   I
 do not wish to spew out a powered by PHP-Nuke footer on every page.  I do
 not believe that this is in the spirit of the GPL at all.  I wish to display
 credits on a seperate page on my site, not as a footer on every page.

 Am I allowed to do this?  Is the PHP-Nuke author allowed to force the users
 to display messages on all their web pages?  I will move to a different CMS
 if this is the case.

 Thank you for your time and assistance.

The copyright holder of a work is free to license the work under the
terms of his choosing.  Although the PHP-Nuke author has stated the work
is under the GPL, he imposes the additional restriction (one which we
believe is NOT part of the GPL normally) to display credits on every web
page output by the software.  As such, the consensus on debian-legal is
that PHP-Nuke does not comply with the DFSG and should not be included
in Debian's main archive.

To the question of whether the PHP-Nuke author is able to impose this
restriction, that question can be rephrased as: is he the exclusive
copyright holder?  If he is, he can license it however he wants.  If he
isn't, he may be infringing the copyright of the other copyright holders
by releasing the work under this modified GPL.  This seems to be an open
question at present.

Regards,
-- 
Steve Langasek
postmodern programmer


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Re: PHP-Nuke License Conclusion?

2003-05-04 Thread Ron
Thank you Steve.  That helps greatly.  I don't believe he is the sole
copyright holder, but I can not state that with 100% certainty.  I will look
into using a different system.

Best regards,
Ron