Re: caml-light licence question.

2003-05-15 Thread Sven Luther
On Wed, May 14, 2003 at 04:35:20PM +0100, Edmund GRIMLEY EVANS wrote:
 Sven Luther [EMAIL PROTECTED]:
 
  I am trying to package caml-light which comes with the attached licence.
  My understanding of it is that it is not distributable by debian, since
  it allow distribution of modified works only as pristine source +
  patches, not binaries, and i will be going to discuss this with the
  upstream author(s). But is there something else i might have missed ?
 
 I don't see why it shouldn't be distributed in non-free. Even if you
 don't immediately intend to use a patch it might be better to only
 distribute a source package. That way you would be ready to make
 changes if and when necessary (someone might find a security bug).

Well, technically, the fact of adding the debian directory, and to move
the installation directory is considered enough of a change to make
distribution of binaries illegal. That was at least the advice i got
when first packaging ocaml, which had the same licence but which was
later moved to a free licence. So binary distribution is not possible,
and i don't consider a source package worth the effort. Also, i would
had to patch, since the upstream source doesn't build right now anyway,
but then they are aware of this and are planning a new release that
fixes this. Notice also that my packaging effort came as a request from
upstream, since caml-light is widely used for entry exams in french
ingenieurs schools, and student have difficulty installing it (a thread
on debian-user-french started all this). So, i think upstream can make
some effort here and change the licence. Especially since ocaml, which
is a later development from caml-light, has a more liberal licence.

  BTW, what should i understand of the english sentence construction of
  the user undertakes to apply to obtain It sound very much un-english,
  but then, maybe i just misunderstand.
 
 It looks weird to me, too, but I think it's semantically void in this
 context. The text describes several types of permitted distribution
 and then (as I understand it) says you must ask for permission if you
 want to distribute in any other way, which is true anyway without the
 strange attempt at making the user agree to this condition.

Maybe just a translation error, but it sounds strange even in french. I
was told one time by the upstream that INRIA's legal folk were rather
uncompetent about this kind of stuff.

Anyway, thanks about your response.

Friendly,

Sven Luther



Re: caml-light licence question.

2003-05-15 Thread Sven Luther
On Wed, May 14, 2003 at 12:42:43PM -0400, Don Armstrong wrote:
 An additional question, is this the actual license? Or is it an
 english translation of the actual license? [Looks like it was written
 by a non-english common law attorney.]
 
 On Wed, 14 May 2003, Sven Luther wrote:
  My understanding of it is that it is not distributable by debian,
  since it allow distribution of modified works only as pristine source
  + patches, not binaries, 
 
 That's correct.
 
  BTW, what should i understand of the english sentence construction of
  the user undertakes to apply to obtain It sound very much
  un-english, but then, maybe i just misunderstand.
 
 It's english, but it's a rather unholy application of the vauge
 principles of english sentence construction.
 
 The clause means in effect: 
 
 The user must obtain the expressed approval of INRIA to distribute
 the software outside the scope of this license. (Which is basically a
 no-op anyway.)

Ok, if nothing else, i will suggest a change of wording here.

  Distribution of derivative works obtained by modifying the sofware or
  integrating it in another software is allowed only if the
  distribution consists of the unmodified, original source files for
  the software, along with difference files (patches) to be applied by
  the user of the derivative work.
 
 As you've already pointed out, this prohibits us from distributing
 modified binaries, and fails DFSG #3 and #4.

Would adding a and is allowed to distribute binaries resulting from
building this patched source be enough to make it free ?

  As regards any other type of distribution, the user undertakes to
  apply to obtain the express approval of INRIA.
 
 This is the no-op explained above.

Yes.

  Please note that the software is a product currently being developed.
  INRIA shall not be responsible in any way concerning conformity, and
  in particular shall not be liable should the software not comply with
  the requirements of the user, INRIA not being obliged to repair any
  possible direct or indirect damage.
 
 Weird NO WARRANTY clause.

:)))

  INRIA freely grants the right to distribute bytecode executable files
  generated by the Caml Light compiler (camlc). Binaries of
  the Caml Light run-time system (camlrun), with the sole condition that
  the documentation include the following statement:
  
 This software includes the Caml Light run-time system,
  which is copyright 1991-1997, INRIA.
  
  Executable files that include the Caml Light interactive system
  (such as those generated by the camlmktop command) can also be
  distributed freely, with the sole condition that the distribution
  includes the following statement:
  
  This software includes the Caml Light interactive system,
   which is copyright 1991-1997, INRIA.
 
 The requirement to include the copyright notice looks fine to me.
 [Notice in documentation or in distribution.]
 
 As far as I can tell, with the exception of the ability to distribute
 modified binaries (the qmail problem), the license seems to be Free.

Yes.

 You may also want to suggest that the upstream author(s) consider
 using a more established license that more conventionally states their
 wishes instead of using what appears to be a home-grown license.

Yes, that is what i will do, i will not make a source only package, it
is not worth the effort in my eyes, and since it is upstream who has
come to me asking about packaging this, they should make the effort of
changing the licence, i think. Anyway, a later development of this,
ocaml, which comes under LGPL and QPL, is under a freer licence, so
there should be no problem.

Friendly,

Sven Luther



Re: caml-light licence question.

2003-05-15 Thread Don Armstrong
On Thu, 15 May 2003, Sven Luther wrote:
 On Wed, May 14, 2003 at 12:42:43PM -0400, Don Armstrong wrote:
 On Wed, 14 May 2003, Sven Luther wrote:
 Distribution of derivative works obtained by modifying the sofware or
 integrating it in another software is allowed only if the
 distribution consists of the unmodified, original source files for
 the software, along with difference files (patches) to be applied by
 the user of the derivative work.
 
 As you've already pointed out, this prohibits us from distributing
 modified binaries, and fails DFSG #3 and #4.
 
 Would adding a and is allowed to distribute binaries resulting from
 building this patched source be enough to make it free ?

I think that whole paragraph needs to be re-written, as the
distribution of modified binaries seems to conflict with the is
allowed only if... unmodified original source files phrase. I'm not
quite sure exactly what they would prefer to see as far as source code
and modification availability (and if they want copyleft, it would
basically be the same conditions as the GPL v2.)

 since it is upstream who has come to me asking about packaging this,
 they should make the effort of changing the licence, i think. 

Good luck with that. Feel free to refer them to -legal if they need
clarification, and thanks for veing diligent about the licensing.


Don Armstrong

-- 
I'd sign up in a hot second for any cellular company whose motto was:
We're less horrible than a root canal with a cold chisel.
-- Cory Doctorow

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


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Re: caml-light licence question.

2003-05-15 Thread Sven Luther
On Thu, May 15, 2003 at 03:15:35AM -0400, Don Armstrong wrote:
 On Thu, 15 May 2003, Sven Luther wrote:
  On Wed, May 14, 2003 at 12:42:43PM -0400, Don Armstrong wrote:
  On Wed, 14 May 2003, Sven Luther wrote:
  Distribution of derivative works obtained by modifying the sofware or
  integrating it in another software is allowed only if the
  distribution consists of the unmodified, original source files for
  the software, along with difference files (patches) to be applied by
  the user of the derivative work.
  
  As you've already pointed out, this prohibits us from distributing
  modified binaries, and fails DFSG #3 and #4.
  
  Would adding a and is allowed to distribute binaries resulting from
  building this patched source be enough to make it free ?
 
 I think that whole paragraph needs to be re-written, as the
 distribution of modified binaries seems to conflict with the is
 allowed only if... unmodified original source files phrase. I'm not
 quite sure exactly what they would prefer to see as far as source code
 and modification availability (and if they want copyleft, it would
 basically be the same conditions as the GPL v2.)

I think back in those days (the caml-light/ocaml fork was in 1995 or so,
and the ocaml licence change was in 1999) they were most worried about :

  1) people taking their code, making some minor modifications and
 releasing it as their own. INRIA is a research body, and
 recognition is important to them.

  2) people applying random patches distributing the binaries without
 clearly telling about the patches, and users sending unreproducible
 bugreports caused by these patches.

But again, ocaml is the live branch, caml-light has stalled since then
and is only still used because it was adopted by the french ingenieur's
school for the exams, and there is all the written material and such.

So my opinion would be that there should be no problem in modifying that
licence, but then, i have not yet heard back from upstream.

  since it is upstream who has come to me asking about packaging this,
  they should make the effort of changing the licence, i think. 
 
 Good luck with that. Feel free to refer them to -legal if they need
 clarification, and thanks for veing diligent about the licensing.

Ok, no problem, it is funny that this surface again, i am sure there is
a lot of good argumentation about this in the 1999 or so mailing list
archive too, since that was the date of ocaml licence change, in which
we were involved.

Friendly,

Sven Luther



Re: caml-light licence question.

2003-05-14 Thread Edmund GRIMLEY EVANS
Sven Luther [EMAIL PROTECTED]:

 I am trying to package caml-light which comes with the attached licence.
 My understanding of it is that it is not distributable by debian, since
 it allow distribution of modified works only as pristine source +
 patches, not binaries, and i will be going to discuss this with the
 upstream author(s). But is there something else i might have missed ?

I don't see why it shouldn't be distributed in non-free. Even if you
don't immediately intend to use a patch it might be better to only
distribute a source package. That way you would be ready to make
changes if and when necessary (someone might find a security bug).

 BTW, what should i understand of the english sentence construction of
 the user undertakes to apply to obtain It sound very much un-english,
 but then, maybe i just misunderstand.

It looks weird to me, too, but I think it's semantically void in this
context. The text describes several types of permitted distribution
and then (as I understand it) says you must ask for permission if you
want to distribute in any other way, which is true anyway without the
strange attempt at making the user agree to this condition.

Edmund



Re: caml-light licence question.

2003-05-14 Thread Edmund GRIMLEY EVANS
Sven Luther [EMAIL PROTECTED]:

 I am trying to package caml-light which comes with the attached licence.

A brief addendum to my previous reply: the non-free package qmail-src
might be a good model to follow as qmail has a similar restriction in
its licence.

Edmund



Re: caml-light licence question.

2003-05-14 Thread Don Armstrong
An additional question, is this the actual license? Or is it an
english translation of the actual license? [Looks like it was written
by a non-english common law attorney.]

On Wed, 14 May 2003, Sven Luther wrote:
 My understanding of it is that it is not distributable by debian,
 since it allow distribution of modified works only as pristine source
 + patches, not binaries, 

That's correct.

 BTW, what should i understand of the english sentence construction of
 the user undertakes to apply to obtain It sound very much
 un-english, but then, maybe i just misunderstand.

It's english, but it's a rather unholy application of the vauge
principles of english sentence construction.

The clause means in effect: 

The user must obtain the expressed approval of INRIA to distribute
the software outside the scope of this license. (Which is basically a
no-op anyway.)

 Distribution of derivative works obtained by modifying the sofware or
 integrating it in another software is allowed only if the
 distribution consists of the unmodified, original source files for
 the software, along with difference files (patches) to be applied by
 the user of the derivative work.

As you've already pointed out, this prohibits us from distributing
modified binaries, and fails DFSG #3 and #4.

 As regards any other type of distribution, the user undertakes to
 apply to obtain the express approval of INRIA.

This is the no-op explained above.

 Please note that the software is a product currently being developed.
 INRIA shall not be responsible in any way concerning conformity, and
 in particular shall not be liable should the software not comply with
 the requirements of the user, INRIA not being obliged to repair any
 possible direct or indirect damage.

Weird NO WARRANTY clause.

 INRIA freely grants the right to distribute bytecode executable files
 generated by the Caml Light compiler (camlc). Binaries of
 the Caml Light run-time system (camlrun), with the sole condition that
 the documentation include the following statement:
 
This software includes the Caml Light run-time system,
 which is copyright 1991-1997, INRIA.
 
 Executable files that include the Caml Light interactive system
 (such as those generated by the camlmktop command) can also be
 distributed freely, with the sole condition that the distribution
 includes the following statement:
 
 This software includes the Caml Light interactive system,
  which is copyright 1991-1997, INRIA.

The requirement to include the copyright notice looks fine to me.
[Notice in documentation or in distribution.]

As far as I can tell, with the exception of the ability to distribute
modified binaries (the qmail problem), the license seems to be Free.

You may also want to suggest that the upstream author(s) consider
using a more established license that more conventionally states their
wishes instead of using what appears to be a home-grown license.


Don Armstrong

-- 
America was far better suited to be the World's Movie Star. The
world's tequila-addled pro-league bowler. The world's acerbic bi-polar
stand-up comedian. Anything but a somber and tedious nation of
socially responsible centurions.

-- Bruce Sterling, _Distraction_ p122

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


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