Re: Ubuntu CDs contain no sources

2005-11-17 Thread Michelle Konzack
Hello [EMAIL PROTECTED],

bizzar name you have...

Am 2005-11-08 14:36:26, schrieb [EMAIL PROTECTED]:

 That's also my non-lawyer's opinion. What I will say is some reasoning
 about requiring the same terms for copying binaries and source. Not
 following them by the word may be mere toleration by the copyright
 holder or because the distributor makes sure source distribution
 occurs when it is requested.

Who need the whole Sourcecode for a Distribution ?

Imagine, there is a Distributor which limited Diskspace on the Web/
FTP-Server and the bandwidth is sponsored...

Imagine 10.000 peoples want to compile one little tool of some kByte
(like me with ssmtp) with another options...

Insteed of downloading some kByte, the need to fetch a 650 MByte Image
where 649,95 MByte are useless...

Asking for downloadable source images ia associal if the source mirror
is publich availlable or source CD can be ordered fro distributor.

 But why? Why should the offer for copying the source be made in the
 same terms as the copying of the binaries? Because a distributor may
 make it difficult for someone to get the sources. It may put the

No, it is difficult to MOST users to get sources, if they ARE on CD.
MOST user need only singel source packages, but whole binary CD's for
installation.

 sources on a machine with low bandwidth, which would take a thousand
 times the time to download the binary. Or else it may put the source

Yeah, put the source into a seperate directory and use mod_throttle  :-P

 behind a proprietary protocol, which would require the installation of
 some software under some unreasonable license (imagine one which only
 allows its use if you do not develop software for the same purposes).

This is stupid!

stupid things erased

 That's why you should offer an *equivalent* access to the sources in
 the *same* place.

IF you can FTP binary CD's it is enough, if you can get singel source
packages from the same site (distributor not physicaly one)

 Any disagreements and comments are welcome. Remember I have the

100% disagreement!

Greetings
Michelle

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Re: Ubuntu CDs contain no sources

2005-11-17 Thread Michelle Konzack
Am 2005-11-08 17:48:03, schrieb [EMAIL PROTECTED]:

 I agree that offering access as tar.gz should be considered
 reasonable. And I would say it is pretty more acceptable than offering
 access through a SCM web browser. I would like to interpret GPL as in
 spirit and that would mean easy access to the sources, in my
 opinion. I just wouldn't agree that a mirror of Debian would not
 distribute sources of software that requires that, without making an
 offer to distribute the sources for at least three years.

This is not right, because I know a couple of mirrors which have
only binary-i386 and disks-i386 because limited disk space.

because it IS a partial mirror and the Debian binaries are equivalent
worldwide, it can easy downloaded from other official Debian-Mirrors.

 Pointing to Debian main repository should not be enough. Imagine

I think, this is not right.

 Debian servers get down for any reason in the only day one could get

Hmmm, several 1000' Servers going down the same time
and ONLY your server with binarys stay On-Line?

 the binaries and sources.

Please consider consulting your PSY.

Greetings
Michelle

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Re: Ubuntu CDs contain no sources

2005-11-09 Thread Christofer C. Bell
On 11/8/05, [EMAIL PROTECTED] [EMAIL PROTECTED] wrote:
 Hello,

 I have asked some CDs from Ubuntu and they have sent me their
 Debian-based distro for free (as in free beer). However, they contain
 GPL-licensed software, including dpkg, but not their sources.

Ubuntu does distribute sources; and in a quite reasonable fashion.

 Or should I consider this a GPL violation? Then, I hope dpkg copyright
 holders inforce their copyright.

You need to find more important things to think about and hope for.

--
Chris

`The enemy we fight has no respect for human life or human rights.
They don't deserve our sympathy,' he said. `But this isn't about who
they are. This is about who we are. These are the values that
distinguish us from our enemies.' - Sen. John McCain, R-Arizona



Re: Ubuntu CDs contain no sources

2005-11-08 Thread Jan Lübbe
Am Dienstag, den 08.11.2005, 10:37 -0200 schrieb
[EMAIL PROTECTED]:
 Hello,
 
 I have asked some CDs from Ubuntu and they have sent me their
 Debian-based distro for free (as in free beer). However, they contain
 GPL-licensed software, including dpkg, but not their sources. I also
 couldn't find any written offer for them in my mail package. Should I
 consider this an implicit offer valid for three years after receiving
 the package? Should I be able to ask them for the sources two years
 from now, considering I asked for the package in the last six months?
 
 Or should I consider this a GPL violation? Then, I hope dpkg copyright
 holders inforce their copyright.

On http://www.ubuntulinux.org/support/documentation/faq/shipit/ you can
read:

Can You Send me Source CDs?
We do not normally distribute source CDs and you cannot order them through
shipit. That said, in order to comply with the GPL, we are happy to distribute
source code on CD to anybody we give a binary CD. More information is written
in fine print on the back of each CD. Source for everything on the CD is always
available at http://archive.ubuntu.com or can be ordered from Canonical for the
cost of the media plus shipping.

-- 
Jan Lübbe [EMAIL PROTECTED]http://sicherheitsschwankung.de
 gpg-key  1024D/D8480F2E 2002-03-20
 fingerprint  1B25 F91F 9E7B 5D4F 1282  02D6 8A83 8BE4 D848 0F2E



Re: Ubuntu CDs contain no sources

2005-11-08 Thread cascardo
On Tue, Nov 08, 2005 at 02:51:07PM +0100, Jan Lübbe wrote:
 Am Dienstag, den 08.11.2005, 10:37 -0200 schrieb
 [EMAIL PROTECTED]:
  Hello,
  
  I have asked some CDs from Ubuntu and they have sent me their
  Debian-based distro for free (as in free beer). However, they contain
  GPL-licensed software, including dpkg, but not their sources. I also
  couldn't find any written offer for them in my mail package. Should I
  consider this an implicit offer valid for three years after receiving
  the package? Should I be able to ask them for the sources two years
  from now, considering I asked for the package in the last six months?
  
  Or should I consider this a GPL violation? Then, I hope dpkg copyright
  holders inforce their copyright.
 
 On http://www.ubuntulinux.org/support/documentation/faq/shipit/ you can
 read:
 
 Can You Send me Source CDs?
 We do not normally distribute source CDs and you cannot order them through
 shipit. That said, in order to comply with the GPL, we are happy to distribute
 source code on CD to anybody we give a binary CD. More information is written
 in fine print on the back of each CD. Source for everything on the CD is 
 always
 available at http://archive.ubuntu.com or can be ordered from Canonical for 
 the
 cost of the media plus shipping.
 
 -- 
 Jan Lübbe [EMAIL PROTECTED]http://sicherheitsschwankung.de
  gpg-key  1024D/D8480F2E 2002-03-20
  fingerprint  1B25 F91F 9E7B 5D4F 1282  02D6 8A83 8BE4 D848 0F2E
 

Thanks for the answer. I am subscribed to the list. Would have told
otherwise.

Congratulations to Ubuntu. I just hope they are aware that they should
distribute sources for three years after the last distribution and
that distributing the sources along with the binaries is safer.

And that allows me to redistribute the binaries as long as I don't do
it commercially. I should advise my friends to ask the sources to
Ubuntu in case they want them.

What do you people in debian-legal think about people who distribute
ISO images on their websites but no ISO with sources nor a written
promise? Should we consider there is an implicit offer and just ask
for the sources?

--
Thadeu Cascardo





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Re: Ubuntu CDs contain no sources

2005-11-08 Thread Joey Hess
[EMAIL PROTECTED] wrote:
 What do you people in debian-legal think about people who distribute
 ISO images on their websites but no ISO with sources nor a written
 promise? Should we consider there is an implicit offer and just ask
 for the sources?

A file is a file is a file. It doesn't matter if the sources are
distributed in an iso image or in some other form of collection of
files, up to and including distribution by a SCM.

(Just IMHO, but I think reasonable people would agree.)

-- 
see shy jo


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Re: Ubuntu CDs contain no sources

2005-11-08 Thread Olive




What do you people in debian-legal think about people who distribute
ISO images on their websites but no ISO with sources nor a written
promise? Should we consider there is an implicit offer and just ask
for the sources?


I am not a lawyer nor a devlepper of Debian, I just give my humble 
opinion. I don't think this is a violation of the GPL as long as the 
source is available. The GPL requires that if you distribute binary on a 
website you should distribute the source on the same place. Howhever, it 
is not because you distribute binaries in the ISO format that the source 
must also be ditributed in the ISO format. Many distribution (Mandriva, 
Suse) distribute .iso binaries along with a ftp repositery with source. 
If someone distribute a .iso binary without distributing the source at 
all then this is a violation of the GPL. However if the binaries have 
not be changed at all and the source is available elsewhere (like 
someone putting, just the binaries of Debian CD on his website); many 
people consider that there is no problem. This is not however the 
opinion of the FSF (see

http://www.fsf.org/licensing/licenses/gpl-faq.html#TOCSourceAndBinaryOnDifferentSites)

Olive


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Re: Ubuntu CDs contain no sources

2005-11-08 Thread cascardo
On Tue, Nov 08, 2005 at 11:57:05AM -0200, [EMAIL PROTECTED] wrote:
 What do you people in debian-legal think about people who distribute
 ISO images on their websites but no ISO with sources nor a written
 promise? Should we consider there is an implicit offer and just ask
 for the sources?
 
 --
 Thadeu Cascardo
 

I will reply my own message in response to Olive and Joey Hess.

That's also my non-lawyer's opinion. What I will say is some reasoning
about requiring the same terms for copying binaries and source. Not
following them by the word may be mere toleration by the copyright
holder or because the distributor makes sure source distribution
occurs when it is requested.

But why? Why should the offer for copying the source be made in the
same terms as the copying of the binaries? Because a distributor may
make it difficult for someone to get the sources. It may put the
sources on a machine with low bandwidth, which would take a thousand
times the time to download the binary. Or else it may put the source
behind a proprietary protocol, which would require the installation of
some software under some unreasonable license (imagine one which only
allows its use if you do not develop software for the same purposes).

The following situation is a good example:

The author of a popular software decides to stop distribution of
binaries, since it is GPL-licensed and contains other people's
contributions. He decides using some SCM software which uses a
non-documented proprietary protocol and does not allow its
redistribution and would require you to pay a $1000 fee. The author
also stops making releases of tarballs, saying the SCM is a wonderful
piece of software and does not require releases any more. And that any
one can buy the SCM software and get the sources. He is allowed to do
all of that.

Some redistributor gets the source, makes no modification to it and
puts a compiled version so everybody can download it without paying
for the download itself or the SCM software so he can get the sources
and build it itself.

Now, you get the binaries from this distributor, asks him for the
sources and he tells you it is freely available on the net by the
author's SCM repository. Is this reasonable? Then imagine the author
and the distributor are the same person (and perhaps, not the original
author, but someone who makes modifications to the software.)

That's why you should offer an *equivalent* access to the sources in
the *same* place.

Any disagreements and comments are welcome. Remember I have the
opinion that it is reasonable if you put the sources under a different
place but with equivalent access (similar bandwidth and availability
and such) or under some different protocols or formats as long as they
are pretty standard and there are plenty of popular and free software
available to get them. However, it's better to play safe and do not
count with an author and a judge that do not agree with this.


Thadeu Cascardo.
--


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Re: Ubuntu CDs contain no sources

2005-11-08 Thread Evan Prodromou




On Tue, 2005-08-11 at 11:57 -0200, [EMAIL PROTECTED] wrote:


What do you people in debian-legal think about people who distribute
ISO images on their websites but no ISO with sources nor a written
promise? Should we consider there is an implicit offer and just ask
for the sources?


What does this have to do with Debian?

~ESP




-- 
Evan Prodromou [EMAIL PROTECTED]
The Debian Project (http://www.debian.org/)







Re: Ubuntu CDs contain no sources

2005-11-08 Thread Olive

[EMAIL PROTECTED] wrote:

On Tue, Nov 08, 2005 at 11:57:05AM -0200, [EMAIL PROTECTED] wrote:


What do you people in debian-legal think about people who distribute
ISO images on their websites but no ISO with sources nor a written
promise? Should we consider there is an implicit offer and just ask
for the sources?

--
Thadeu Cascardo




I will reply my own message in response to Olive and Joey Hess.

That's also my non-lawyer's opinion. What I will say is some reasoning
about requiring the same terms for copying binaries and source. Not
following them by the word may be mere toleration by the copyright
holder or because the distributor makes sure source distribution
occurs when it is requested.

But why? Why should the offer for copying the source be made in the
same terms as the copying of the binaries? Because a distributor may
make it difficult for someone to get the sources. It may put the
sources on a machine with low bandwidth, which would take a thousand
times the time to download the binary. Or else it may put the source
behind a proprietary protocol, which would require the installation of
some software under some unreasonable license (imagine one which only
allows its use if you do not develop software for the same purposes).

The following situation is a good example:

The author of a popular software decides to stop distribution of
binaries, since it is GPL-licensed and contains other people's
contributions. He decides using some SCM software which uses a
non-documented proprietary protocol and does not allow its
redistribution and would require you to pay a $1000 fee. The author
also stops making releases of tarballs, saying the SCM is a wonderful
piece of software and does not require releases any more. And that any
one can buy the SCM software and get the sources. He is allowed to do
all of that.

Some redistributor gets the source, makes no modification to it and
puts a compiled version so everybody can download it without paying
for the download itself or the SCM software so he can get the sources
and build it itself.

Now, you get the binaries from this distributor, asks him for the
sources and he tells you it is freely available on the net by the
author's SCM repository. Is this reasonable? Then imagine the author
and the distributor are the same person (and perhaps, not the original
author, but someone who makes modifications to the software.)

That's why you should offer an *equivalent* access to the sources in
the *same* place.

Any disagreements and comments are welcome. Remember I have the
opinion that it is reasonable if you put the sources under a different
place but with equivalent access (similar bandwidth and availability
and such) or under some different protocols or formats as long as they
are pretty standard and there are plenty of popular and free software
available to get them. However, it's better to play safe and do not
count with an author and a judge that do not agree with this.


It seems indeed clear that if the source are available with standard 
tools, this can be interpreted as equivalentg access. Interpreting 
*equivalent* too striclty leads to absurd situations where everyone 
violates the GPL; for example Debian distribute binary as .deb format; 
in what format should they thus ditribute the source? It would be more 
than absurd to requires that Debian ditribute source also in .deb 
format. An ISO file is just a kind of archive that can be extracted with 
very standard tools, just as tar.gz.


Olive


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Re: Ubuntu CDs contain no sources

2005-11-08 Thread cascardo
On Tue, Nov 08, 2005 at 02:38:50PM -0500, Evan Prodromou wrote:
 On Tue, 2005-08-11 at 11:57 -0200, [EMAIL PROTECTED] wrote:
 
  What do you people in debian-legal think about people who distribute
  ISO images on their websites but no ISO with sources nor a written
  promise? Should we consider there is an implicit offer and just ask
  for the sources?
 
 What does this have to do with Debian?
 
 ~ESP
 
 -- 
 Evan Prodromou [EMAIL PROTECTED]
 The Debian Project (http://www.debian.org/)

There seems to be some people who offer access to copy dpkg and other
Debian related tools (mainly debian derivative free software
distribution) who doesn't offer equivalent access to copy from the
same place. Most of them usually ignore this GPL requirement. Since
some copyright holders of some of those software are Debian developers
and this list concerns legal issues related to Debian, it seemed to be
the best list to discuss it.

If there is any people concerned with this situation that would
require more than a simple response like sources are available in
debian repository from the distributors, we can check each
distribution that is violating the GPL by not offering the source.

--
Thadeu Cascardo


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Re: Ubuntu CDs contain no sources

2005-11-08 Thread cascardo
On Tue, Nov 08, 2005 at 08:39:39PM +0100, Olive wrote:
 That's why you should offer an *equivalent* access to the sources in
 the *same* place.
 
 Any disagreements and comments are welcome. Remember I have the
 opinion that it is reasonable if you put the sources under a different
 place but with equivalent access (similar bandwidth and availability
 and such) or under some different protocols or formats as long as they
 are pretty standard and there are plenty of popular and free software
 available to get them. However, it's better to play safe and do not
 count with an author and a judge that do not agree with this.
 
 It seems indeed clear that if the source are available with standard 
 tools, this can be interpreted as equivalentg access. Interpreting 
 *equivalent* too striclty leads to absurd situations where everyone 
 violates the GPL; for example Debian distribute binary as .deb format; 
 in what format should they thus ditribute the source? It would be more 
 than absurd to requires that Debian ditribute source also in .deb 
 format. An ISO file is just a kind of archive that can be extracted with 
 very standard tools, just as tar.gz.
 
 Olive
 
 
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I agree that offering access as tar.gz should be considered
reasonable. And I would say it is pretty more acceptable than offering
access through a SCM web browser. I would like to interpret GPL as in
spirit and that would mean easy access to the sources, in my
opinion. I just wouldn't agree that a mirror of Debian would not
distribute sources of software that requires that, without making an
offer to distribute the sources for at least three years.

Pointing to Debian main repository should not be enough. Imagine
Debian servers get down for any reason in the only day one could get
the binaries and sources.

--
Thadeu Cascardo


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Re: Ubuntu CDs contain no sources

2005-11-08 Thread Lewis Jardine

[EMAIL PROTECTED] wrote:
 Remember I have the

opinion that it is reasonable if you put the sources under a different
place but with equivalent access (similar bandwidth and availability
and such) or under some different protocols or formats as long as they
are pretty standard and there are plenty of popular and free software
available to get them. However, it's better to play safe and do not
count with an author and a judge that do not agree with this.


The GPL (not the only copyleft license, but by far the most common one) 
says the following:


   3 You may ... distribute the Program... provided that you also do one
 of the following (redaction and emphasis mine):


  a) Accompany it with the complete corresponding machine-readable
 source code, which must be distributed under the terms of
 Sections 1 and 2 above *on a medium customarily used for
 software interchange*; or,

  b) Accompany it with a written offer, valid for at least three
 years, to give any third party, for a charge no more than your
 cost of physically performing source distribution, a complete
 machine-readable copy of the corresponding source code, to be
 distributed under the terms of Sections 1 and 2 above *on a
 medium customarily used for software interchange*

As we can see from the text, any method at all can be used to distribute 
the source code, even one completely different from how the binary is 
distributed, provided it is a 'medium customarily used for software 
interchange'. Thus, you can distribute your binaries on CD yet your 
source on a website, or vice versa. A few years ago, you could probably 
have distributed your source by BBS (and you still could if such a thing 
is customary where you are). Offering your source by CVS would also 
fulfil the obligation: CVS is customarily used to interchange software.


We can also see from the text that offering your source over a contrived 
 SCM no-one uses does not discharge this obligation (it's not 
'customarily used' to exchange software). If you don't also offer source 
over a customary medium, the GPL grants you no rights to distribute the 
software, and so the copyright holder may sue you.	


Aside: the paragraph If distribution of executable or object code is 
made by ... along with the object code. is not saying that you must 
offer the source in the same place, it's saying that by offering your 
source in the same place, you can discharge your source obligation under 
3a instead of 3b; this is why Debian does not have to keep source 
archives available for three years.


--
Lewis Jardine
IANAL, IANADD


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Re: Ubuntu CDs contain no sources

2005-11-08 Thread Steve Langasek
On Tue, Nov 08, 2005 at 11:03:56AM -0500, Joey Hess wrote:
 [EMAIL PROTECTED] wrote:
  What do you people in debian-legal think about people who distribute
  ISO images on their websites but no ISO with sources nor a written
  promise? Should we consider there is an implicit offer and just ask
  for the sources?

 A file is a file is a file. It doesn't matter if the sources are
 distributed in an iso image or in some other form of collection of
 files, up to and including distribution by a SCM.

Agreed, with the proviso that it's unacceptable to make people *dig* through
an SCM to find the sources.  There should be some clear indicator how people
can get the sources that correspond to the binaries being distributed.

-- 
Steve Langasek   Give me a lever long enough and a Free OS
Debian Developer   to set it on, and I can move the world.
[EMAIL PROTECTED]   http://www.debian.org/


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Re: Ubuntu CDs contain no sources

2005-11-08 Thread cascardo
On Tue, Nov 08, 2005 at 07:56:31PM +, Lewis Jardine wrote:
 [EMAIL PROTECTED] wrote:
  Remember I have the
 opinion that it is reasonable if you put the sources under a different
 place but with equivalent access (similar bandwidth and availability
 and such) or under some different protocols or formats as long as they
 are pretty standard and there are plenty of popular and free software
 available to get them. However, it's better to play safe and do not
 count with an author and a judge that do not agree with this.
 
 The GPL (not the only copyleft license, but by far the most common one) 
 says the following:
 
3 You may ... distribute the Program... provided that you also do one
  of the following (redaction and emphasis mine):
 
 
   a) Accompany it with the complete corresponding machine-readable
  source code, which must be distributed under the terms of
  Sections 1 and 2 above *on a medium customarily used for
  software interchange*; or,
 
   b) Accompany it with a written offer, valid for at least three
  years, to give any third party, for a charge no more than your
  cost of physically performing source distribution, a complete
  machine-readable copy of the corresponding source code, to be
  distributed under the terms of Sections 1 and 2 above *on a
  medium customarily used for software interchange*
 
 As we can see from the text, any method at all can be used to distribute 
 the source code, even one completely different from how the binary is 
 distributed, provided it is a 'medium customarily used for software 
 interchange'. Thus, you can distribute your binaries on CD yet your 
 source on a website, or vice versa. A few years ago, you could probably 
 have distributed your source by BBS (and you still could if such a thing 
 is customary where you are). Offering your source by CVS would also 
 fulfil the obligation: CVS is customarily used to interchange software.
 
 We can also see from the text that offering your source over a contrived 
  SCM no-one uses does not discharge this obligation (it's not 
 'customarily used' to exchange software). If you don't also offer source 
 over a customary medium, the GPL grants you no rights to distribute the 
 software, and so the copyright holder may sue you.
 
 Aside: the paragraph If distribution of executable or object code is 
 made by ... along with the object code. is not saying that you must 
 offer the source in the same place, it's saying that by offering your 
 source in the same place, you can discharge your source obligation under 
 3a instead of 3b; this is why Debian does not have to keep source 
 archives available for three years.
 
 -- 
 Lewis Jardine
 IANAL, IANADD
 
 
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In my opinion, distributing in a medium customarily used for software
interchange and offering access to copy from a designated place are
not the same thing. Mainly because you cannot be sure the source code
is properly distributed. You should make sure the person has the
access to your host, which may not be true due to a number of reasons.

On the side of the reasoning for this interpretation not to be of
interest to users (which I consider a good way to reason about the
spirit of the GPL), and for a practical reason for the one
distributing the binaries, you mean everybody could distribute a copy
of the CD and point to the same website as the location of the
sources. Would the resources in the host serving this website be
enough to people have their intended access to the source code? Would
the people doing the distribution of copies risk an unavailability of
such host as interpreted by the person receiving the software as not
distributing the source? Would the host serving the website be willing
to be pointed to by every such distributor instead of being mirrored
by him?

Thus, I would not consider my sources being properly distributed to
someone if they are only pointed to an URL.

--
Thadeu Cascardo.



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Re: Ubuntu CDs contain no sources

2005-11-08 Thread Lewis Jardine

[EMAIL PROTECTED] wrote:

In my opinion, distributing in a medium customarily used for software
interchange and offering access to copy from a designated place are
not the same thing. Mainly because you cannot be sure the source code
is properly distributed. You should make sure the person has the
access to your host, which may not be true due to a number of reasons.


Some user's request for source CDs might get lost in the post. Life is 
hard.



On the side of the reasoning for this interpretation not to be of
interest to users (which I consider a good way to reason about the
spirit of the GPL), and for a practical reason for the one
distributing the binaries, you mean everybody could distribute a copy
of the CD and point to the same website as the location of the
sources. 

 Would the resources in the host serving this website be
 enough to people have their intended access to the source code? Would
 the people doing the distribution of copies risk an unavailability of
 such host as interpreted by the person receiving the software as not
 distributing the source? Would the host serving the website be willing
 to be pointed to by every such distributor instead of being mirrored
 by him?

The GPL covers this: if you point people towards some third-party's URL, 
it's this third-party that's distributing the source, not you*. This 
means that it's not 'you' who 'also do[es] one of the following', and 
thus you don't get granted any rights by the GPL.


/Debian/ pointing to Debian's main repository is enough for the GPL, and 
is even sufficient to fulfil 'offering equivalent access to copy the 
source code from the same place'. Because it does this, Debian does not 
need to make an offer under 3b, which means people wanting to distribute 
under 3c have no offer from Debian to pass on. IIRC several Debian-based 
live CDs have got in trouble for doing this.



Thus, I would not consider my sources being properly distributed to
someone if they are only pointed to an URL.
If you want to guarantee distribution of source over and above what the 
GPL's requires, you're probably going to have to write your own license 
(bearing in mind that it will not be compatible with the GPL's 'You may 
not impose any further restrictions').



* Unless have an arrangement with this third-party to host the source 
for you, in which case they're your agent.

--
Lewis Jardine
IANAL, IANADD


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Re: Ubuntu CDs contain no sources

2005-11-08 Thread cascardo
On Wed, Nov 09, 2005 at 12:13:08AM +, Lewis Jardine wrote:
 [EMAIL PROTECTED] wrote:
 In my opinion, distributing in a medium customarily used for software
 interchange and offering access to copy from a designated place are
 not the same thing. Mainly because you cannot be sure the source code
 is properly distributed. You should make sure the person has the
 access to your host, which may not be true due to a number of reasons.
 
 Some user's request for source CDs might get lost in the post. Life is 
 hard.
 

Well, when they have requested and are paying for it as in GPL 3b, I
guess the distributor (who have only distributed the binary for the
first time) will have some trouble and should send another source
CDs. Accompanying the sources as in 3a is always safer. Life is hard!
:-)

 On the side of the reasoning for this interpretation not to be of
 interest to users (which I consider a good way to reason about the
 spirit of the GPL), and for a practical reason for the one
 distributing the binaries, you mean everybody could distribute a copy
 of the CD and point to the same website as the location of the
 sources. 
  Would the resources in the host serving this website be
  enough to people have their intended access to the source code? Would
  the people doing the distribution of copies risk an unavailability of
  such host as interpreted by the person receiving the software as not
  distributing the source? Would the host serving the website be willing
  to be pointed to by every such distributor instead of being mirrored
  by him?
 
 The GPL covers this: if you point people towards some third-party's URL, 
 it's this third-party that's distributing the source, not you*. This 
 means that it's not 'you' who 'also do[es] one of the following', and 
 thus you don't get granted any rights by the GPL.
 

Which situation is this? I'm considering when you distribute the
binaries withoug accompanying complete source code or a third-party
written offer as in 3c. I was responding to someone who considered
distribution of source code as in 3a when you simply pointed out an
URL in your package containing the binaries and only the binaries.

 /Debian/ pointing to Debian's main repository is enough for the GPL, and 
 is even sufficient to fulfil 'offering equivalent access to copy the 
 source code from the same place'. Because it does this, Debian does not 
 need to make an offer under 3b, which means people wanting to distribute 
 under 3c have no offer from Debian to pass on. IIRC several Debian-based 
 live CDs have got in trouble for doing this.
 

Sure! Debian makes its job offering access to copy the sources from
its repositories. But most people distributing Debian-based live CDs
or mirrors are not respecting the GPL. Simply pointing to Debian main
repositories is not enough to satisfy the GPL.

 Thus, I would not consider my sources being properly distributed to
 someone if they are only pointed to an URL.
 If you want to guarantee distribution of source over and above what the 
 GPL's requires, you're probably going to have to write your own license 
 (bearing in mind that it will not be compatible with the GPL's 'You may 
 not impose any further restrictions').
 

Distributing the sources as required by the GPL is enough for me, as
long as you don't think simply including an URL in the docs means
source distribution or a equivalent offer when you didn't offered to
make a copy of the binaries from the same place.

 
 * Unless have an arrangement with this third-party to host the source 
 for you, in which case they're your agent.
 -- 
 Lewis Jardine
 IANAL, IANADD
 
 

I am not a lawyer nor a Debian developer either.
Thadeu Cascardo
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Re: Ubuntu CDs contain no sources

2005-11-08 Thread Evan Prodromou




On Tue, 2005-08-11 at 11:03 -0500, Joey Hess wrote:


(Just IMHO, but I think reasonable people would agree.)


Isn't that the definition of your opinion?

~ESP




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Evan Prodromou [EMAIL PROTECTED]
The Debian Project (http://www.debian.org/)