Re: Ask contributors a permission to relicense

2012-02-05 Thread Wols Lists
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On 15/01/12 20:07, Francesco Poli wrote:
 Please note that Andrei found it “a bit harsh” [1] (well, it was
 about
 copyright reassignment, since we will only ask for a
 relicensing permission, maybe his remark won't stand) if we
 remove commit access to people who won't give their agreement.
 Hopefully, none of us will really disagree, and we'll only
 temporarily remove commit access to temporarily unavailable
 contributors.
 As it should already be clear from my previous comments, I think
 that requiring blanket re-licensing permission from contributors as
 a prerequisite for accepting contributions to an activity of the
 Debian Project would be a *very bad* precedent.
 
 I think that such a strategy, if adopted, would alienate a number
 of existing or future potential contributors.

I know I'm probably saying the same as Hugo in a different way, but
what about assigning the copyright, and accepting as payment an
agreement that the work will only be relicenced within certain
guidelines, eg saying that it must meet the 2012 DFSG for example.

Should the project then use the copyright to unacceptably relicence
the work, they are in breach of contract, the copyright transfer can
be voided, and the relicence becomes a copyright violation.

That's the way the FSF do their copyright assigns, auiu.

Cheers,
Wol
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Re: Ask contributors a permission to relicense

2012-02-05 Thread Francesco Poli
On Sun, 05 Feb 2012 12:59:32 + Wols Lists wrote:

[...] 
 On 15/01/12 20:07, Francesco Poli wrote:
[...]
  As it should already be clear from my previous comments, I think
  that requiring blanket re-licensing permission from contributors as
  a prerequisite for accepting contributions to an activity of the
  Debian Project would be a *very bad* precedent.
  
  I think that such a strategy, if adopted, would alienate a number
  of existing or future potential contributors.
 
 I know I'm probably saying the same as Hugo in a different way, but
 what about assigning the copyright,

This has been criticized even more by a number of people (including me).

Anyway, a different (and saner) strategy has already been adopted,
luckily: http://bugs.debian.org/388141#311

 and accepting as payment an
 agreement that the work will only be relicenced within certain
 guidelines, eg saying that it must meet the 2012 DFSG for example.
 
 Should the project then use the copyright to unacceptably relicence
 the work, they are in breach of contract, the copyright transfer can
 be voided, and the relicence becomes a copyright violation.

I don't think that this would work correctly.

Unfortunately, it is not unusual that different people disagree on what
meets the DFSG and what fails to meet them. Even among people with a
good experience in analyzing licenses.

Hence, the problem is: who is going to evaluate whether a given future
re-licensing is compliant with the DFSG?

SPI? The Debian Project? The FTP-masters?
They are basically the ones who decide the re-licensing: they will
always state (most probably in good faith!) that the decision complies
with the agreement.

The contributor who signed the copyright transfer agreement?
This would open the possibility for a number of future complaints that
could be hard to handle...

 
 That's the way the FSF do their copyright assigns, auiu.

Actually, I strongly dislike this behavior of the FSF...

-- 
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 New GnuPG key, see the transition document!
. Francesco Poli .
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Re: Ask contributors a permission to relicense

2012-01-18 Thread Hugo Roy
Hello,

I haven't followed thoroughly the thread, but there are many legal
issues at stake with such decisions, for instance in some countries such
as France, it is legally not possible to grant this kind of permission
for future works; thus this agreement below would be legally void:

Le dimanche 15 janvier 2012 à 14:45 -0400, David Prévot a écrit :
 ———
 
 Subject: Permission to relicense my work on the Debian website
 
   I hereby give permission to relicense my work — which consist of
   edition or translation of portions of text from one human language
 to
   another human language, that I have provided to the Debian website
 or
   that I will provide in the future — to any DFSG compatible license
 as
   chosen by the web team, and announced by the Debian project leader.
 
 ———

Moreover, in practice, I hardly see what's the difference with a
well-drafted copyright assignment. Maybe you'd be interested in reading
what FSFE has drafted for free software projects:
http://fsfe.org/projects/ftf/fla.en.html

The Fiduciary Licence Agreement (FLA) is a copyright assignment
that allows one entity to safeguard all of the code created for
a project by consolidating copyright (or exclusive exploitation
rights) to counteract copyright fragmentation.

This enables projects to protect their legal maintainability by
preserving the ability to relicense code and ensuring sufficient
rights to enforce licences in court. The person assigning does
not lose their rights to the code either, as the FLA gives back
unlimited usage/single exploitation rights to the author. The
FLA also applies a set of principles for the fiduciary. If they
breach these principles, all grants and licenses made to them
automatically expire.

Benefeciaries of the FLA assign the copyright in their work, and
in countries where assignments of the copyright in a work are
impossible, they grant the fiduciary an exclusive license (see
§1(1) for details). Therefore, the FLA is designed to work in
both civil and common law countries.

Best regards,
Hugo
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Re: Ask contributors a permission to relicense

2012-01-15 Thread Francesco Poli
On Sun, 15 Jan 2012 14:45:20 -0400 David Prévot wrote:

 Le 09/01/2012 17:39, Francesco Poli a écrit :
[...]
 Instead of continuing our discussion based on impressions, we just
 issued a quick poll [P.-S.]: it confirms that not everyone will agree
 with a copyright reassignment, but almost all contributors will likely
 give us a blanket permission to relicense their contributions under any
 DFSG-free license.
[...]
 Please note that Andrei found it “a bit harsh” [1] (well, it was about
 copyright reassignment, since we will only ask for a relicensing
 permission, maybe his remark won't stand) if we remove commit access to
 people who won't give their agreement. Hopefully, none of us will really
 disagree, and we'll only temporarily remove commit access to temporarily
 unavailable contributors.

As it should already be clear from my previous comments, I think that
requiring blanket re-licensing permission from contributors as a
prerequisite for accepting contributions to an activity of the Debian
Project would be a *very bad* precedent.

I think that such a strategy, if adopted, would alienate a number of
existing or future potential contributors.

At the very least, me.
I haven't yet contributed anything to the Debian official web site, but
I think that anyone trying to persuade me to help will have a very hard
time, if, in order to contribute, I would be forced to allow the Debian
Project to re-license my work at will, under any terms it considers to
be DFSG-free.


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


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