Re: [Firebird-devel] extern/SfIO/include/stdio.h license problem

2012-05-24 Thread Mark Rotteveel
On 23-5-2012 22:24, Dimitry Sibiryakov wrote:
 23.05.2012 21:00, Leyne, Sean wrote:
 When ATT had resources which were developing Unix it might have been 
 possible to reach out to them.

 But given that is no longer the case, I think it more likely that we could 
 raise Dennis Ritchie from the dead (Dennis Ritchie is father of C 
 programming language, he died in October 2011) before we would get an answer 
 from ATT.

 In this case we can consider this file to be abandonware.


That is BS and the wrong attitude to go about (potential) IP problems. 
Abandonware does not exist, and taking something as your own because you 
can't contact the owner is evil.

My non-lawyer opinion is that header files are not subject to copyright. 
This is confirmed by a number of lawsuits here in Europe, where - if I 
understood it correctly - it was stated that the definition of an API 
(eg a header file) is not a creative work and therefor not 
copyrightable; only the implementation itself can be copyrighted.

Do note that ATT itself states that SfIO is release under an opensource 
license: http://www.research.att.com/software_tools

They also state that the entire package is covered by the license:
http://www2.research.att.com/sw/download/

Before downloading you have to accept the EPL license. Now that package 
does contain a stdio.h (in src/lib/sfio/stdio_s) with the 'scary' 
license, but in my opinion that is overruled by the fact that the ATT 
website itself says it is under EPL before you download it.

If you want to know for sure, contact either g...@research.att.com 
(feedback link on the download page) or at...@att.com (licensing contact 
listed on the main page).

Mark

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Re: [Firebird-devel] extern/SfIO/include/stdio.h license problem

2012-05-24 Thread Mark Rotteveel
On Thu, 24 May 2012 08:39:55 +0200, Mark Rotteveel m...@lawinegevaar.nl
wrote:
 They also state that the entire package is covered by the license:
 http://www2.research.att.com/sw/download/

Under 'License' in the menu on the leftside.

Mark

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Re: [Firebird-devel] extern/SfIO/include/stdio.h license problem

2012-05-24 Thread Michal Kubecek
On Thu, May 24, 2012 at 08:39:55AM +0200, Mark Rotteveel wrote:
 Before downloading you have to accept the EPL license. Now that package 
 does contain a stdio.h (in src/lib/sfio/stdio_s) with the 'scary' 
 license, but in my opinion that is overruled by the fact that the ATT 
 website itself says it is under EPL before you download it.

As I tried to explain yesterday, this is nice but this link is in the
opposite direction. Someone who downloads Firebird source tarball and
wants to use (and possibly redistribute) it in some way, cannot rely
on some website somewhere providing the same file under compatible
license (moreover, it actually does _not_ provide the same file).
He/she has only the file and the text on top of it - and it sounds quite
discouraging.

Anyway, if noone else thinks this is a problem, I'll just remove the
file as (at least some) other Linux distributions do.

  Michal Kubecek


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Re: [Firebird-devel] extern/SfIO/include/stdio.h license problem

2012-05-24 Thread Mark Rotteveel
On Thu, 24 May 2012 10:36:51 +0200, Michal Kubecek m...@mk-sys.cz wrote:
 On Thu, May 24, 2012 at 08:39:55AM +0200, Mark Rotteveel wrote:
 Before downloading you have to accept the EPL license. Now that package

 does contain a stdio.h (in src/lib/sfio/stdio_s) with the 'scary' 
 license, but in my opinion that is overruled by the fact that the ATT 
 website itself says it is under EPL before you download it.
 
 As I tried to explain yesterday, this is nice but this link is in the
 opposite direction. Someone who downloads Firebird source tarball and
 wants to use (and possibly redistribute) it in some way, cannot rely
 on some website somewhere providing the same file under compatible
 license (moreover, it actually does _not_ provide the same file).
 He/she has only the file and the text on top of it - and it sounds quite
 discouraging.
 
 Anyway, if noone else thinks this is a problem, I'll just remove the
 file as (at least some) other Linux distributions do.

You might be right that it is the best way to go. I do get the feeling
that ATT just threw those package over the fence with an opensource
license without bothering to update the sourcecode to mention the license
or remove older license details.

Mark

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Re: [Firebird-devel] extern/SfIO/include/stdio.h license problem - Email found in subject

2012-05-23 Thread Michal Kubecek
On Tue, May 22, 2012 at 05:24:27PM -0400, Leyne, Sean wrote:
  while reviewing Firebird 2.5 packages for OpenSuSE Factory, our legal team
  noticed that copyright notice on top of extern/SfIO/include/stdio.h claims
  that it contains certain software code or other information proprietary to
  ATT Corp.
 
 What is the problem with the FB packages having this file?

I'm not sure it really is a problem but given the text on top of the
file, I can't be sure it is OK either, especially when our legal team
considers it to be bad enough to exclude it from OpenSuSE. This is why
I wanted to discuss it in the list. (Yes, I too would prefer to live
in a world where a developer doesn't need law school more then computer
science.)

The problem I see is that the source tarball contains a file claiming it
contains a code proprietary to ATT and not referring to any license.
For anyone who gets the tarball it means they don't now what they can or
cannot do with it - and therefore with the source tree as a whole.

 There is no restriction on the distribution of the file.

Which is not clear from the file itself. The page referenced in
extern/SfIO/read.me indicates SfIO is distributed under EPL but

1. The version from the page is different so strictly speaking there
   is no source saying the file we include is covered by EPL as well.
2. Nowhere in the downloaded tarball any license is mentioned, only
   the comment about containing code proprietary to ATT is there
3. Actually, the page doesn't even say SfIO is distributed under EPL,
   it just requests you to confirm you agree with EPL to allow you to
   download it.

This is quite unfortunate as e.g. the version embedded in ksh sources
explicitly mentions EPL and refers to URL where it can be found (and
there is no mention of proprietary code, just a simple copyright notice).

  Michal Kubecek


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Re: [Firebird-devel] extern/SfIO/include/stdio.h license problem - Email found in subject

2012-05-23 Thread marius adrian popa
On Wed, May 23, 2012 at 7:12 PM, Michal Kubecek m...@mk-sys.cz wrote:

 On Tue, May 22, 2012 at 05:24:27PM -0400, Leyne, Sean wrote:
   while reviewing Firebird 2.5 packages for OpenSuSE Factory, our legal
 team
   noticed that copyright notice on top of extern/SfIO/include/stdio.h
 claims
   that it contains certain software code or other information
 proprietary to
   ATT Corp.
 
  What is the problem with the FB packages having this file?

 I'm not sure it really is a problem but given the text on top of the
 file, I can't be sure it is OK either, especially when our legal team
 considers it to be bad enough to exclude it from OpenSuSE. This is why
 I wanted to discuss it in the list. (Yes, I too would prefer to live
 in a world where a developer doesn't need law school more then computer
 science.)

 The problem I see is that the source tarball contains a file claiming it
 contains a code proprietary to ATT and not referring to any license.
 For anyone who gets the tarball it means they don't now what they can or
 cannot do with it - and therefore with the source tree as a whole.

  There is no restriction on the distribution of the file.

 Which is not clear from the file itself. The page referenced in
 extern/SfIO/read.me indicates SfIO is distributed under EPL but

 1. The version from the page is different so strictly speaking there
   is no source saying the file we include is covered by EPL as well.
 2. Nowhere in the downloaded tarball any license is mentioned, only
   the comment about containing code proprietary to ATT is there
 3. Actually, the page doesn't even say SfIO is distributed under EPL,
   it just requests you to confirm you agree with EPL to allow you to
   download it.

 This is quite unfortunate as e.g. the version embedded in ksh sources
 explicitly mentions EPL and refers to URL where it can be found (and
 there is no mention of proprietary code, just a simple copyright notice).


In debian/ubuntu the files are removed
https://launchpad.net/ubuntu/precise/+source/firebird2.5/+copyright

* Removed sources with non-free/missing licensing

The following files are removed as they contain only copyright
information without any license allowing their distribution. Luckily,
they are not needed when building on Debiian.

 - builds/install/arch-specific/solaris/
 - src/install/arch-specific/solx86gcc/CS/postinstall.in
 - src/install/arch-specific/solx86gcc/CS/postremove.in
 - src/install/arch-specific/solx86gcc/CS/preinstall.in
 - src/msgs/templates.sql
 - extern/SfIO/
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Re: [Firebird-devel] extern/SfIO/include/stdio.h license problem - Email found in subject

2012-05-23 Thread Dimitry Sibiryakov
On Wed, May 23, 2012 at 7:12 PM, Michal Kubecek wrote:
 I'm not sure it really is a problem but given the text on top of the
 file, I can't be sure it is OK either, especially when our legal team
 considers it to be bad enough to exclude it from OpenSuSE. This is why
 I wanted to discuss it in the list. (Yes, I too would prefer to live
 in a world where a developer doesn't need law school more then computer
 science.)

 The problem I see is that the source tarball contains a file claiming it
 contains a code proprietary to ATT and not referring to any license.
 For anyone who gets the tarball it means they don't now what they can or
 cannot do with it - and therefore with the source tree as a whole.

   I wonder why you don't ask about whether distribution of this file is ok 
directly in 
ATT?.. They claim rights on the file, so they know the answer for sure.

-- 
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Re: [Firebird-devel] extern/SfIO/include/stdio.h license problem

2012-05-23 Thread Leyne, Sean


I wonder why you don't ask about whether distribution of this file is ok
 directly in ATT?..

When ATT had resources which were developing Unix it might have been possible 
to reach out to them.  

But given that is no longer the case, I think it more likely that we could 
raise Dennis Ritchie from the dead (Dennis Ritchie is father of C programming 
language, he died in October 2011) before we would get an answer from ATT.


Sean


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Re: [Firebird-devel] extern/SfIO/include/stdio.h license problem

2012-05-23 Thread Dimitry Sibiryakov
23.05.2012 21:00, Leyne, Sean wrote:
 When ATT had resources which were developing Unix it might have been 
 possible to reach out to them.

 But given that is no longer the case, I think it more likely that we could 
 raise Dennis Ritchie from the dead (Dennis Ritchie is father of C programming 
 language, he died in October 2011) before we would get an answer from ATT.

   In this case we can consider this file to be abandonware.

-- 
   WBR, SD.

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Re: [Firebird-devel] extern/SfIO/include/stdio.h license problem - Email found in subject

2012-05-22 Thread Leyne, Sean
Michael,

 while reviewing Firebird 2.5 packages for OpenSuSE Factory, our legal team
 noticed that copyright notice on top of extern/SfIO/include/stdio.h claims
 that it contains certain software code or other information proprietary to
 ATT Corp.

What is the problem with the FB packages having this file?

There is no restriction on the distribution of the file.


Sean


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