Re: [Fwd: Re: [gNewSense-users] PFV call for help.]

2008-01-30 Thread Michael Below
Am Mo 28 Jan 2008 09:25:21 CET
schrieb Sean Kellogg [EMAIL PROTECTED]:

 I cannot speak to the British system, so John
 my very well be right in that context, but in the United States the
 critical question is whether the advice being given is of a specific
 or general nature.

In Germany the situation is similar. There is a number of legal
self-help web forums where questions are being formulated as abstract
problems in the manner of textbook questions to circumvent this,
apparently successfully (A buys a car from B which belongs to C and
has a defect unknown to A and B...). I think it would be difficult to
apply this here.

Michael

-- 
Michael Below
Rechtsanwalt
www.judiz.de


-- 
To UNSUBSCRIBE, email to [EMAIL PROTECTED]
with a subject of unsubscribe. Trouble? Contact [EMAIL PROTECTED]



Re: [Fwd: Re: [gNewSense-users] PFV call for help.]

2008-01-30 Thread Michael Below
Am Mo 28 Jan 2008 09:27:54 CET
schrieb John Halton [EMAIL PROTECTED]:

 Perhaps first of all we need to ask if there is a legal system on
 earth that would regard contributing to this mailing list as
 constituting legal advice in the first place.

Okay: Yes there is. At least the German one, and, as we've heard, the
US one too.

 People shouldn't be coming on to this list for legal advice. That's
 not what it's for.

I think it's not a matter of what people *should* do. Actually, people
are coming here and asking what they should do with regard to this
software, that license, this exception.

 Up to a point. But I don't think it is a case of whether something is
 legal advice in the abstract, but whether (a) the person sending the
 message owes its readers a duty of care, and (b) whether the readers
 are entitled to rely on the message as legal advice. That seems pretty
 unlikely to me - or I wouldn't post on this list at all, disclaimer or
 no disclaimer - and so the need for a full, explicit disclaimer seems
 minimal. TINLA just makes the point that bit clearer, in a
 light-hearted and generally accepted manner.

Okay, so you are advising me that this specific behaviour is not a legal
problem in the UK. But you are not giving legal advice in the legal
sense of the word. The UK legal system seems to be thriving, if it's
able create such fine distinctions :)

Michael Below

-- 
Michael Below
Rechtsanwalt
www.judiz.de


-- 
To UNSUBSCRIBE, email to [EMAIL PROTECTED]
with a subject of unsubscribe. Trouble? Contact [EMAIL PROTECTED]



Re: [Fwd: Re: [gNewSense-users] PFV call for help.]

2008-01-28 Thread John Halton
On Jan 26, 2008 2:52 PM, Michael Below [EMAIL PROTECTED] wrote:
 Just wondering: Is there a legal system on earth that would accept a
 disclaimer like TINLA?

Perhaps first of all we need to ask if there is a legal system on
earth that would regard contributing to this mailing list as
constituting legal advice in the first place.

 One, it is probably not intelligible to people coming to this list for
 legal advice. A disclaimer that can't be understood by its target
 audience shouldn't have legal meaning.

People shouldn't be coming on to this list for legal advice. That's
not what it's for.

 Two, this disclaimer tries to force its own judgement onto the legal
 system. If the statement you are referring to is legal advice (which is
 a question of legal interpretation), you shouldn't be able to define it
 away post factum. A pipe is a pipe, even if you put a sign This is not
 a pipe beneath it.

Up to a point. But I don't think it is a case of whether something is
legal advice in the abstract, but whether (a) the person sending the
message owes its readers a duty of care, and (b) whether the readers
are entitled to rely on the message as legal advice. That seems pretty
unlikely to me - or I wouldn't post on this list at all, disclaimer or
no disclaimer - and so the need for a full, explicit disclaimer seems
minimal. TINLA just makes the point that bit clearer, in a
light-hearted and generally accepted manner.

John

Note: This email has been written and sent for the general interest
and benefit of readers of this mailing list. It is not intended to be
a definitive analysis of the law or other issues relating to its
subject matter. Advice should be taken on specific issues before you
take or decide not to take any action.

Or in other words: TINLA.

;-)


-- 
To UNSUBSCRIBE, email to [EMAIL PROTECTED]
with a subject of unsubscribe. Trouble? Contact [EMAIL PROTECTED]



Re: [Fwd: Re: [gNewSense-users] PFV call for help.]

2008-01-28 Thread Sean Kellogg
On Monday 28 January 2008 01:27:54 am John Halton wrote:
  Two, this disclaimer tries to force its own judgement onto the legal
  system. If the statement you are referring to is legal advice (which is
  a question of legal interpretation), you shouldn't be able to define it
  away post factum. A pipe is a pipe, even if you put a sign This is not
  a pipe beneath it.

 Up to a point. But I don't think it is a case of whether something is
 legal advice in the abstract, but whether (a) the person sending the
 message owes its readers a duty of care, and (b) whether the readers
 are entitled to rely on the message as legal advice. That seems pretty
 unlikely to me - or I wouldn't post on this list at all, disclaimer or
 no disclaimer - and so the need for a full, explicit disclaimer seems
 minimal. TINLA just makes the point that bit clearer, in a
 light-hearted and generally accepted manner.

Youcan do an archive search for my posting on this topic and you'll find me 
often asking folks to temper their emails because they are getting 
dangerously close (if not going over) the line of what is and is not legal 
advice.  I cannot speak to the British system, so John my very well be right 
in that context, but in the United States the critical question is whether 
the advice being given is of a specific or general nature.

Example:

Okay: Using GPL'ed software in a closed source application is bad.

No Okay: Using GNU tar in a close source application violates section X.X of 
the GPL and will result in civil liability.

My understanding (as a recent law school graduate and member of the CA bar...  
but not practicing...) is that there is no duty of care standard.  You are 
either dispensing legal advice or you are not, doesn't matter whether the 
other party has a reasonable expectation to rely on it or not. The 
disclaimers do not modify that analysis, they are however a nice convention 
to remind folks of the nature of the list...  but if I were to go around 
telling people you should do X because of Y then I'm giving legal advice.

Where I think reliance and duty of care standard apply is in the analysis of 
damages.  My guess is that I cannot be sued for civil damages of malpractice 
for stuff I say on this list (or, damages will be limited based on 
reliance)...  but there are other gotchas with distributing legal advice, 
like practicing without a license for those who are not members of the bar 
and professional responsibility requirements for those who are.

I'm sure folks can come up with a thousand reasons why this is a stupid way to 
regulate the legal industry...  but it is what it is...  and yes, it does 
make posting to this list challenging if you want to stay in the clear.

-Sean

-- 
Sean Kellogg
c: 831.818.6940e: [EMAIL PROTECTED]


-- 
To UNSUBSCRIBE, email to [EMAIL PROTECTED]
with a subject of unsubscribe. Trouble? Contact [EMAIL PROTECTED]



Re: [Fwd: Re: [gNewSense-users] PFV call for help.]

2008-01-28 Thread MJ Ray
Michael Below [EMAIL PROTECTED] wrote:
 Just wondering: Is there a legal system on earth that would accept a
 disclaimer like TINLA?

I think the long list of acronyms may be a sly dig at certain silly
postings in times past which complained that certain people weren't making
it clear enough that they aren't lawyers, debian project leaders, or other
similar qualified people.  I think Francesco Poli was repeatedly targetted
for that and I think it was around the same time that my people.d.o
pages gained the phrase You might think that's obvious, but ...!

 [...] A pipe is a pipe, even if you put a sign This is not
 a pipe beneath it.

But the one with the sign beneath it really isn't a pipe! ;-)

I hope anyone who hasn't seen The Two Mysteries goes and looks it up.
Magritte was a twisted artist and that is a particularly fine work.

Regards,
-- 
MJR/slef
My Opinion Only: see http://people.debian.org/~mjr/
Please follow http://www.uk.debian.org/MailingLists/#codeofconduct


-- 
To UNSUBSCRIBE, email to [EMAIL PROTECTED]
with a subject of unsubscribe. Trouble? Contact [EMAIL PROTECTED]



Re: [Fwd: Re: [gNewSense-users] PFV call for help.]

2008-01-27 Thread Magnus Holmgren
On torsdagen den 24 januari 2008, Ben Finney wrote:
 John Halton [EMAIL PROTECTED] writes:
  On Wed, Jan 23, 2008 at 11:01:35PM +0100, Julien Cristau wrote:
 * line 81-83: OpenVision also retains copyright to derivative
 works of the Source Code, whether created by OpenVision or by
 a third party. I think this could threat this software
 freedom.
 
  On further reflection, I'm inclined to agree. The fact that it says
  OpenVision *retains* copyright strongly implies that it is simply
  talking about maintaining the status quo, not about changing any
  copyright ownership. If the intention was for copyright to be
  assigned to OpenVision then clearer wording to this effect would be
  needed.

 It's the derivative works [...] whether created by OpenVision or by a
 third party that muddies the water. This could be rationally
 interpreted as a claim to retain copyright in *all* derived works of
 the original, including all derivatives, even those parts created by
 a third party.

If I'm not entirely mistaken, a work is a unit, to which one or more persons 
may have copyright as a whole. There really is no such thing as copyright to 
a part of a work. However, if a portion of a work can be broken out as a new 
work on its own, it is possible that only those authors who had part in 
creating that portion can claim copyright to it.

-- 
Magnus Holmgren[EMAIL PROTECTED]
   (No Cc of list mail needed, thanks)

  Exim is better at being younger, whereas sendmail is better for 
   Scrabble (50 point bonus for clearing your rack) -- Dave Evans


signature.asc
Description: This is a digitally signed message part.


Re: [Fwd: Re: [gNewSense-users] PFV call for help.]

2008-01-26 Thread Francesco Poli
On Thu, 24 Jan 2008 10:11:48 +1100 Ben Finney wrote:

[...]
 The may be non-free aspect was the requirement of requiring the
 creator of the derivative work to surrender their copyright to
 OpenVision. If such a requirement were in place in the license terms,
 I would regard it as non-free.

I agree.

*If* the clause really requires surrendering copyright in order to
create and distribute a derivative work, then it's non-free since it
requires a fee in exchange for the permission to create/distribute
derivative works.

-- 
 http://frx.netsons.org/progs/scripts/refresh-pubring.html
 New! Version 0.6 available! What? See for yourself!
. Francesco Poli .
 GnuPG key fpr == C979 F34B 27CE 5CD8 DC12  31B5 78F4 279B DD6D FCF4


pgpn0Juh22vf0.pgp
Description: PGP signature


Re: [Fwd: Re: [gNewSense-users] PFV call for help.]

2008-01-26 Thread Francesco Poli
On Sat, 26 Jan 2008 15:23:08 +0100 Francesco Poli wrote:

[...]
 *If* the clause really requires surrendering copyright in order to
 create and distribute a derivative work, then it's non-free since it
 requires a fee in exchange for the permission to create/distribute
 derivative works.

I forgot to add my usual disclaimers, I'm thus doing so now:
IANAL, TINLA, IANADD, TINASOTODP.

-- 
 http://frx.netsons.org/progs/scripts/refresh-pubring.html
 New! Version 0.6 available! What? See for yourself!
. Francesco Poli .
 GnuPG key fpr == C979 F34B 27CE 5CD8 DC12  31B5 78F4 279B DD6D FCF4


pgpFdqtdxsUFb.pgp
Description: PGP signature


Re: [Fwd: Re: [gNewSense-users] PFV call for help.]

2008-01-26 Thread Michael Below
Hi,

Francesco Poli schrieb:
 On Sat, 26 Jan 2008 15:23:08 +0100 Francesco Poli wrote:
 
 [...]
 *If* the clause really requires surrendering copyright in order to
 create and distribute a derivative work, then it's non-free since it
 requires a fee in exchange for the permission to create/distribute
 derivative works.
 
 I forgot to add my usual disclaimers, I'm thus doing so now:
 IANAL, TINLA, IANADD, TINASOTODP.

Just wondering: Is there a legal system on earth that would accept a
disclaimer like TINLA?

One, it is probably not intelligible to people coming to this list for
legal advice. A disclaimer that can't be understood by its target
audience shouldn't have legal meaning.

Two, this disclaimer tries to force its own judgement onto the legal
system. If the statement you are referring to is legal advice (which is
a question of legal interpretation), you shouldn't be able to define it
away post factum. A pipe is a pipe, even if you put a sign This is not
a pipe beneath it.


Michael Below
Rechtsanwalt


-- 
To UNSUBSCRIBE, email to [EMAIL PROTECTED]
with a subject of unsubscribe. Trouble? Contact [EMAIL PROTECTED]



Re: [Fwd: Re: [gNewSense-users] PFV call for help.]

2008-01-26 Thread Steve Langasek
On Thu, Jan 24, 2008 at 11:23:53AM +1100, Ben Finney wrote:
 John Halton [EMAIL PROTECTED] writes:

  On Wed, Jan 23, 2008 at 11:01:35PM +0100, Julien Cristau wrote:
 * line 81-83: OpenVision also retains copyright to derivative
 works of the Source Code, whether created by OpenVision or by
 a third party. I think this could threat this software
 freedom.

  On further reflection, I'm inclined to agree. The fact that it says
  OpenVision *retains* copyright strongly implies that it is simply
  talking about maintaining the status quo, not about changing any
  copyright ownership. If the intention was for copyright to be
  assigned to OpenVision then clearer wording to this effect would be
  needed.

 It's the derivative works [...] whether created by OpenVision or by a
 third party that muddies the water. This could be rationally
 interpreted as a claim to retain copyright in *all* derived works of
 the original, including all derivatives, even those parts created by
 a third party.

Er, of course that's what it means.  Derivative work is a term *defined*
in US copyright law as *meaning* those transformations of a work in which
the author maintains a copyright interest.  This is nothing more than a
redundant, boilerplate assertion of the owner's copyright under law.

 That interpretation would fairly easily lead to the conclusion that
 the creator of the derivative work *doesn't* have copyright in the
 work, since OpenVision's terms explicitly take it away.

Only if you were operating in a vacuum with no understanding of the
terminology, or how copyright operates.  It's not possible for OpenVision to
deprive someone else of their copyright by including a statement in a
license for OpenVision's own work.

-- 
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/
[EMAIL PROTECTED] [EMAIL PROTECTED]


-- 
To UNSUBSCRIBE, email to [EMAIL PROTECTED]
with a subject of unsubscribe. Trouble? Contact [EMAIL PROTECTED]



Re: [Fwd: Re: [gNewSense-users] PFV call for help.]

2008-01-24 Thread John Halton
On Jan 24, 2008 12:23 AM, Ben Finney [EMAIL PROTECTED] wrote:
  It's still unfortunate to have confusing and unclear language in the
  licence, but it's not non-free.

 I'll reserve judgement until we can know that this claim of retain
 copyright is not all-inclusive.

Well, as ever in these cases, clarification from the copyright holder
would be the best way to be sure of the position. But the more I think
about it, the more I think retain copyright means what it says -
i.e., keep something you already have, not obtain something you didn't
previously have.

This does illustrate yet again one easily-overlooked problem with
licence proliferation and ad hoc licensing terms for free software -
namely, that a lot of these non-mainstream terms are very poorly
drafted.

John

(TINLA)


-- 
To UNSUBSCRIBE, email to [EMAIL PROTECTED]
with a subject of unsubscribe. Trouble? Contact [EMAIL PROTECTED]



Re: [Fwd: Re: [gNewSense-users] PFV call for help.]

2008-01-23 Thread John Halton
On Jan 23, 2008 10:58 AM, Karl Goetz [EMAIL PROTECTED] wrote:

Here, for the record - and to save Francesco Poli the trouble ;-) - is
the full text of the relevant section of the krb5 copyright file:

---

The following copyright and permission notice applies to the
OpenVision Kerberos Administration system located in kadmin/create,
kadmin/dbutil, kadmin/passwd, kadmin/server, lib/kadm5, and portions
of lib/rpc:

   Copyright, OpenVision Technologies, Inc., 1996, All Rights Reserved

   WARNING: Retrieving the OpenVision Kerberos Administration system
   source code, as described below, indicates your acceptance of the
   following terms.  If you do not agree to the following terms, do not
   retrieve the OpenVision Kerberos administration system.

   You may freely use and distribute the Source Code and Object Code
   compiled from it, with or without modification, but this Source
   Code is provided to you AS IS EXCLUSIVE OF ANY WARRANTY,
   INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR
   FITNESS FOR A PARTICULAR PURPOSE, OR ANY OTHER WARRANTY, WHETHER
   EXPRESS OR IMPLIED.  IN NO EVENT WILL OPENVISION HAVE ANY LIABILITY
   FOR ANY LOST PROFITS, LOSS OF DATA OR COSTS OF PROCUREMENT OF
   SUBSTITUTE GOODS OR SERVICES, OR FOR ANY SPECIAL, INDIRECT, OR
   CONSEQUENTIAL DAMAGES ARISING OUT OF THIS AGREEMENT, INCLUDING,
   WITHOUT LIMITATION, THOSE RESULTING FROM THE USE OF THE SOURCE
   CODE, OR THE FAILURE OF THE SOURCE CODE TO PERFORM, OR FOR ANY
   OTHER REASON.

   OpenVision retains all copyrights in the donated Source Code. OpenVision
   also retains copyright to derivative works of the Source Code, whether
   created by OpenVision or by a third party. The OpenVision copyright
   notice must be preserved if derivative works are made based on the
   donated Source Code.

   OpenVision Technologies, Inc. has donated this Kerberos
   Administration system to MIT for inclusion in the standard
   Kerberos 5 distribution.  This donation underscores our
   commitment to continuing Kerberos technology development
   and our gratitude for the valuable work which has been
   performed by MIT and the Kerberos community.



Moving on to consider the specific points raised:

 * line 18-21: Export of this software from the United States of America
 may require
 a specific license from the United States Government.  It is the
 responsibility of any person or organization contemplating export to
 obtain such a license before exporting.
 This section may not suit freedom 2: The freedom to redistribute copies
 so you can help your neighbor.

I don't think that clause is a problem. US export laws will (or won't)
apply regardless of what the licence says, so this is really just a
matter of information. It doesn't affect the DFSG-freeness of the
software.

 * line 81-83: OpenVision
also retains copyright to derivative works of the Source Code, whether
created by OpenVision or by a third party. I think this could threat
 this software freedom.

This is rather an odd one. It's not clear in the context of the
relevant paragraph whether this is just making a statement of fact
about the Source Code as you may be using it, or whether it is seeking
to claim ownership of any modifications that licensees make. If the
latter, then I suspect that in a lot of jurisdictions it will not
actually achieve the desired effect - for example, UK copyright law
requires an assignment of copyright to be in writing and signed by the
assignor.

The question is then whether this interferes with software freedom. If
you create a derivative work from the software, then (making the *big*
assumption that the clause is legally effective) the copyright in that
work, including your modifications, will vest in OpenVision. However,
you still have the benefit of the licence terms as regards those
modifications, so it doesn't interfere with your freedom on a
practical level.

What it does potentially mean is that OpenVision can *additionally*
license your modifications under non-free licence terms, which many
developers may consider undesirable. But OpenVision would be taking a
risk if they actually did this, given that it is highly doubtful that
they can claim legal ownership of the copyright in licensees'
modifications on the basis of this licence provision.

It probably wouldn't hurt to raise this with OpenVision, if possible.
Do they consider this clause to give them ownership of copyright in
any modifications made to the software, or is it simply saying that
your rights under the licence do not affect the ultimate ownership of
the copyright?

I don't think the DFSG-freeness is affected in either event, but if
OpenVision are trying to claim ownership of modifications then this is
unusual, undesirable and probably ineffective.

John

(TINLA)


-- 
To UNSUBSCRIBE, email to [EMAIL PROTECTED]
with a subject of unsubscribe. Trouble? 

Re: [Fwd: Re: [gNewSense-users] PFV call for help.]

2008-01-23 Thread Ben Finney
Karl Goetz [EMAIL PROTECTED] writes:

 ... I think the license of krb5 
 (http://changelogs.ubuntu.com/changelogs/pool/main/k/krb5/krb5_1.4.3-5ubuntu0.2/)
  
 has two unclear sections regarding freedom:
 
 * line 18-21: Export of this software from the United States of
 America may require a specific license from the United States
 Government. It is the responsibility of any person or organization
 contemplating export to obtain such a license before exporting.

This clause doesn't appear to have any additional effect on the
recipient; I can't see that this could be interpreted as anything but
*informing* the reader of requirements that (may) already exist.

 This section may not suit freedom 2: The freedom to redistribute
 copies so you can help your neighbor.

Since it's not imposing any restriction (merely drawing attention to
ones that may already be imposed), I don't see that it affects the
freedom of the work.

 * line 81-83: OpenVision
also retains copyright to derivative works of the Source Code, whether
created by OpenVision or by a third party. I think this could threat 
 this software freedom.

Yes. This adds a requirement that doesn't exist under copyright law:
you, the creator of a derivative work, will surrender copyright in
that work to OpenVision. That's a significant cost to pay, and it's
written in the license as a term of deriving the work at all.

This seems to be over-reaching on the part of the licensor, and may
make the work non-free.

-- 
 \   There's no excuse to be bored. Sad, yes. Angry, yes. |
  `\Depressed, yes. Crazy, yes. But there's no excuse for boredom, |
_o__)   ever.  -- Viggo Mortensen |
Ben Finney


-- 
To UNSUBSCRIBE, email to [EMAIL PROTECTED]
with a subject of unsubscribe. Trouble? Contact [EMAIL PROTECTED]



Re: [Fwd: Re: [gNewSense-users] PFV call for help.]

2008-01-23 Thread Karl Goetz
On Wed, 2008-01-23 at 11:28 +, John Halton wrote:
 On Jan 23, 2008 10:58 AM, Karl Goetz [EMAIL PROTECTED] wrote:
 
 Here, for the record - and to save Francesco Poli the trouble ;-) - is
 the full text of the relevant section of the krb5 copyright file:
 
 ---
 
 The following copyright and permission notice applies to the
 OpenVision Kerberos Administration system located in kadmin/create,
 kadmin/dbutil, kadmin/passwd, kadmin/server, lib/kadm5, and portions
 of lib/rpc:

Trim.

 
 I don't think the DFSG-freeness is affected in either event, but if
 OpenVision are trying to claim ownership of modifications then this is
 unusual, undesirable and probably ineffective.

Thanks for your feedback!
karl

 
 John
 
 (TINLA)
 
 
-- 
Karl Goetz [EMAIL PROTECTED]
Debian / Ubuntu / gNewSense


-- 
To UNSUBSCRIBE, email to [EMAIL PROTECTED]
with a subject of unsubscribe. Trouble? Contact [EMAIL PROTECTED]



Re: [Fwd: Re: [gNewSense-users] PFV call for help.]

2008-01-23 Thread Julien Cristau
On Thu, Jan 24, 2008 at 08:44:12 +1100, Ben Finney wrote:

 Karl Goetz [EMAIL PROTECTED] writes:
 
  * line 81-83: OpenVision
 also retains copyright to derivative works of the Source Code, whether
 created by OpenVision or by a third party. I think this could threat 
  this software freedom.
 
 Yes. This adds a requirement that doesn't exist under copyright law:
 you, the creator of a derivative work, will surrender copyright in
 that work to OpenVision. That's a significant cost to pay, and it's
 written in the license as a term of deriving the work at all.
 
 This seems to be over-reaching on the part of the licensor, and may
 make the work non-free.
 
AIUI this says that openvision has copyright to derivative works, which
is a fact anyway.  There can be multiple copyright holders, and in the
case of a derivative work created by a third party, there will be.  I
don't see what's non-free about that?

Cheers,
Julien


-- 
To UNSUBSCRIBE, email to [EMAIL PROTECTED]
with a subject of unsubscribe. Trouble? Contact [EMAIL PROTECTED]



Re: [Fwd: Re: [gNewSense-users] PFV call for help.]

2008-01-23 Thread Ben Finney
Julien Cristau [EMAIL PROTECTED] writes:

 On Thu, Jan 24, 2008 at 08:44:12 +1100, Ben Finney wrote:
 
  Karl Goetz [EMAIL PROTECTED] writes:
  
   * line 81-83: OpenVision also retains copyright to derivative
   works of the Source Code, whether created by OpenVision or by a
   third party. I think this could threat this software freedom.
  
  Yes. This adds a requirement that doesn't exist under copyright
  law: you, the creator of a derivative work, will surrender
  copyright in that work to OpenVision. That's a significant cost
  to pay, and it's written in the license as a term of deriving the
  work at all.
 
 AIUI this says that openvision has copyright to derivative works,
 which is a fact anyway. There can be multiple copyright holders, and
 in the case of a derivative work created by a third party, there
 will be. I don't see what's non-free about that?

The may be non-free aspect was the requirement of requiring the
creator of the derivative work to surrender their copyright to
OpenVision. If such a requirement were in place in the license terms,
I would regard it as non-free.

I hadn't thought of the interpretation that this clause is merely
asserting that OpenVision retains copyright *in the parts of the work
to which they already had copyright*. It's not clear whether this is
intended to apply *also* to the creative work introduced in the
derivative work.

-- 
 \ [The RIAA] have the patience to keep stomping. They're playing |
  `\  whack-a-mole with an infinite supply of tokens.  -- kennon, |
_o__) http://kuro5hin.org/ |
Ben Finney


-- 
To UNSUBSCRIBE, email to [EMAIL PROTECTED]
with a subject of unsubscribe. Trouble? Contact [EMAIL PROTECTED]



Re: [Fwd: Re: [gNewSense-users] PFV call for help.]

2008-01-23 Thread John Halton
On Wed, Jan 23, 2008 at 11:01:35PM +0100, Julien Cristau wrote:
   * line 81-83: OpenVision
  also retains copyright to derivative works of the Source Code, whether
  created by OpenVision or by a third party. I think this could threat 
   this software freedom.
  
 AIUI this says that openvision has copyright to derivative works, which
 is a fact anyway.  There can be multiple copyright holders, and in the
 case of a derivative work created by a third party, there will be.  I
 don't see what's non-free about that?

On further reflection, I'm inclined to agree. The fact that it says
OpenVision *retains* copyright strongly implies that it is simply
talking about maintaining the status quo, not about changing any
copyright ownership. If the intention was for copyright to be assigned
to OpenVision then clearer wording to this effect would be needed.

It's still unfortunate to have confusing and unclear language in the
licence, but it's not non-free. 

John

(TINLA) 


-- 
To UNSUBSCRIBE, email to [EMAIL PROTECTED]
with a subject of unsubscribe. Trouble? Contact [EMAIL PROTECTED]



Re: [Fwd: Re: [gNewSense-users] PFV call for help.]

2008-01-23 Thread Ben Finney
John Halton [EMAIL PROTECTED] writes:

 On Wed, Jan 23, 2008 at 11:01:35PM +0100, Julien Cristau wrote:
* line 81-83: OpenVision also retains copyright to derivative
works of the Source Code, whether created by OpenVision or by
a third party. I think this could threat this software
freedom.

 On further reflection, I'm inclined to agree. The fact that it says
 OpenVision *retains* copyright strongly implies that it is simply
 talking about maintaining the status quo, not about changing any
 copyright ownership. If the intention was for copyright to be
 assigned to OpenVision then clearer wording to this effect would be
 needed.

It's the derivative works [...] whether created by OpenVision or by a
third party that muddies the water. This could be rationally
interpreted as a claim to retain copyright in *all* derived works of
the original, including all derivatives, even those parts created by
a third party.

That interpretation would fairly easily lead to the conclusion that
the creator of the derivative work *doesn't* have copyright in the
work, since OpenVision's terms explicitly take it away.

 It's still unfortunate to have confusing and unclear language in the
 licence, but it's not non-free.

I'll reserve judgement until we can know that this claim of retain
copyright is not all-inclusive.

-- 
 \Courteous and efficient self-service. —Café sign, southern |
  `\France |
_o__)  |
Ben Finney


-- 
To UNSUBSCRIBE, email to [EMAIL PROTECTED]
with a subject of unsubscribe. Trouble? Contact [EMAIL PROTECTED]