Re: LGPL module linked with a GPL lib

2005-08-03 Thread Raul Miller
On 8/3/05, Humberto Massa Guimarães [EMAIL PROTECTED] wrote: IMHO its relevance to d-l is that, if such suspicions are indeed founded, the FSF GPL FAQ should not be taken by face value and that Debian should re-evaluate its position about GPL and linking. Why? Personally, I've quoted this

Re: LGPL module linked with a GPL lib

2005-08-03 Thread Raul Miller
On 8/3/05, Michael K. Edwards [EMAIL PROTECTED] wrote: You've got a fair point, in that RMS doesn't see his arguments as preaching economic superiority; and certainly many commentators have contrasted RMS's ethical perspective with, say, ESR's economic perspective. I don't entirely agree with

Re: LGPL module linked with a GPL lib

2005-08-03 Thread Raul Miller
On 8/3/05, Michael K. Edwards [EMAIL PROTECTED] wrote: On 8/3/05, Raul Miller [EMAIL PROTECTED] wrote: I think his point is that because of the nature of ideas -- that they don't exist in and of themselves, but are abstracts used to describe communication between people -- that it's

Re: LGPL module linked with a GPL lib

2005-08-02 Thread Raul Miller
On 8/2/05, Michael K. Edwards [EMAIL PROTECTED] wrote: I'm just telling you how it looks to me, and pointing you to where I got what evidence I have so that you can judge for yourself. The FSF is notoriously unforthcoming about their financial dealings, and the cash flows involved are not

Re: LGPL module linked with a GPL lib

2005-07-31 Thread Raul Miller
On 7/30/05, Michael K. Edwards [EMAIL PROTECTED] wrote: On 7/30/05, Raul Miller [EMAIL PROTECTED] wrote: I count four issues the judge considered, with a bit of detail on each of those issues. I didn't say six issues. I said six reasons why it would be inappropriate to grant

Re: LGPL module linked with a GPL lib

2005-07-30 Thread Raul Miller
On 7/28/05, Humberto Massa Guimarães [EMAIL PROTECTED] wrote: Strawman? Fact: the creation of a derivative work is the application of some transformation on the original work. The above snippet (which isn't even copyrightable, for its sheer size and the necessity of expressing the

Re: LGPL module linked with a GPL lib

2005-07-30 Thread Raul Miller
GPL violators appear to face several potential penalties: On 7/28/05, Michael Poole [EMAIL PROTECTED] wrote: Potential penalties are irrelevant to my question. You assume a priori that such linking is a violation of the GPL. My question was why that assumption is valid. As I explained

Re: LGPL module linked with a GPL lib

2005-07-30 Thread Raul Miller
On 7/28/05, Humberto Massa Guimarães [EMAIL PROTECTED] wrote: The only good answer people in d-l gave me to the question: why is the assumption that such linking is a violation of the GPL valid? is because Eben Moglen said so in the GPL FAQ, and he is a law teacher, so it must be true. If

Re: LGPL module linked with a GPL lib

2005-07-30 Thread Raul Miller
On 7/28/05, Michael K. Edwards [EMAIL PROTECTED] wrote: On 7/28/05, Raul Miller [EMAIL PROTECTED] wrote: I don't think that the point is that people would be going to jail for violating the GPL. Violating the GPL doesn't mean anything. Yes it does -- it means actions in the context

Re: LGPL module linked with a GPL lib

2005-07-30 Thread Raul Miller
On 7/28/05, Michael K. Edwards [EMAIL PROTECTED] wrote: On 7/28/05, Raul Miller [EMAIL PROTECTED] wrote: For example, take Progress v. MySql -- here, the stop distribution penalty was not used in part because Progress didn't have anything else -- it would have been destroyed

Re: Does DFSG#2 apply to non-programs? [was: Re: generated source files, GPL and DFSG]

2005-07-28 Thread Raul Miller
On 7/28/05, Andreas Barth [EMAIL PROTECTED] wrote: * Raul Miller ([EMAIL PROTECTED]) [050727 18:45]: On 7/27/05, Steve Langasek [EMAIL PROTECTED] wrote: I'd prefer to approach this issue from a different direction. The point behind the DFSG is that we need to be able to solve problems

Re: LGPL module linked with a GPL lib

2005-07-28 Thread Raul Miller
On 7/28/05, Michael Poole [EMAIL PROTECTED] wrote: What statute or case law supports this position? Comparison to Grokster et al doesn't hold, for reasons that should have been obvious: The GPL explicitly allows a user to use and modify code in any way the user sees appropriate; section 2

Re: LGPL module linked with a GPL lib

2005-07-28 Thread Raul Miller
On 7/27/05, Humberto Massa Guimarães [EMAIL PROTECTED] wrote: Static linking can *not* create a derived work, because it is an automatic process. Poster case: is hello, generated from hello.c: #include stdio.h int main(int argc, char** argv) { printf(Hello\n); return 0; }

Re: LGPL module linked with a GPL lib

2005-07-28 Thread Raul Miller
On 7/27/05, Michael K. Edwards [EMAIL PROTECTED] wrote: Whether or not that agreement purports to bind a developer in ways that copyright law does not, there are limits to what terms a court will permit in a contract of adhesion. Agreed. Then again, the penalties I'd expect the court to

Re: Does DFSG#2 apply to non-programs? [was: Re: generated source files, GPL and DFSG]

2005-07-27 Thread Raul Miller
On 7/27/05, Steve Langasek [EMAIL PROTECTED] wrote: Uh, I don't? I said that the other guidelines are *applicable* to non-program works, and *should be applied* to non-program works -- not that, as presently written, we are obliged to apply them to non-program works. I'd prefer to approach

Re: MP3 decoder packaged with XMMS

2005-07-19 Thread Raul Miller
On 7/18/05, Michael K. Edwards [EMAIL PROTECTED] wrote: On 7/18/05, Raul Miller [EMAIL PROTECTED] wrote: On 7/18/05, Michael K. Edwards [EMAIL PROTECTED] wrote: On 7/18/05, Raul Miller [EMAIL PROTECTED] wrote: Are you suggesting that the use of time - frequency domain mapping

Re: MP3 decoder packaged with XMMS

2005-07-19 Thread Raul Miller
On 7/19/05, Daniel James [EMAIL PROTECTED] wrote: Hi Raul, avoiding distribution of software to avoid potential but as yet non-existent challenges To describe patent lawsuits as a non-existent challenge seems a little optimistic to me. If it were so, there would have been no point to

Re: libdts patent issue?

2005-07-19 Thread Raul Miller
On 7/19/05, Michael K. Edwards [EMAIL PROTECTED] wrote: I think you're missing Arnoud's point. It's not math, it's an application of math to the problem domain of message encryption. That makes it statutory subject matter for patenting, which math as such is not. it is rather unclear here.

Re: MP3 decoder packaged with XMMS

2005-07-19 Thread Raul Miller
On 7/19/05, Michael K. Edwards [EMAIL PROTECTED] wrote: OK -- how about this: Fraunhofer, AFAICT, has not attempted to patent any well-known technique of converting data from a time series to a frequency spectrum, nor the idea of applying such a technique to music compression, nor would they

Re: MP3 decoder packaged with XMMS

2005-07-18 Thread Raul Miller
On 7/18/05, Michael K. Edwards [EMAIL PROTECTED] wrote: On 7/18/05, Raul Miller [EMAIL PROTECTED] wrote: Are you suggesting that the use of time - frequency domain mapping is not ostensibly covered by the presumptively valid patents? If you want to know what I am suggesting, with regard

Re: MP3 decoder packaged with XMMS

2005-07-18 Thread Raul Miller
On 7/15/05, Michael K. Edwards [EMAIL PROTECTED] wrote: On 7/15/05, Raul Miller [EMAIL PROTECTED] wrote: I very carefully made a distinction between technology described by the patents and patented technology in the message you're responding to. One example of technology where

Re: Mandatory click wraps trivially non-free

2005-07-15 Thread Raul Miller
On 7/14/05, Sean Kellogg [EMAIL PROTECTED] wrote: but nothing worth quibbling over. Obviously the GPL prohibits a pop-up which cannot be removed by a later distributor. My only contention was that as a distributor, if I wanted extra assurance that those I was distributing to saw the GPL,

Re: MP3 decoder packaged with XMMS

2005-07-15 Thread Raul Miller
On 7/13/05, Raul Miller [EMAIL PROTECTED] wrote: It's difficult to create JPEG image rendering software without using technologies described by MP3 patents. On 7/13/05, Michael K. Edwards [EMAIL PROTECTED] wrote: So do tell us where MP3 patents fit -- what patents, which claims, and what

Re: MP3 decoder packaged with XMMS

2005-07-13 Thread Raul Miller
On 7/12/05, Daniel James [EMAIL PROTECTED] wrote: According to reports from free software developers, it's difficult to create MP3 encoders without using technologies described by the patents. It's difficult to create JPEG image rendering software without using technologies described by MP3

Re: quake2 and german youth protection law

2005-06-29 Thread Raul Miller
On 6/27/05, Henri Sivonen [EMAIL PROTECTED] wrote: If one is to assume the strictest outcome (in debian-legal style) while still assuming that the content is not totally banned, one has to assume that interactive image programs are banned from persons under 18 unless inspected and shown

Re: Linux mark extortion

2005-06-18 Thread Raul Miller
It's not at all clear to me that we need to sublicense anything. It's not at all clear to me that we need to have anything authorized. It's not at all clear to me how our use of the term could reasonably be seen as dilution of the Linux mark. If people want to get this matter clarified,

Re: Linux mark extortion

2005-06-18 Thread Raul Miller
On 6/18/05, Michael K. Edwards [EMAIL PROTECTED] wrote: Sooner or later Linus (or his delegate) will have to either 1) make some effort to exert QA authority over the kernels that distros ship under the mark Linux or 2) face the loss of his trademark, and possibly the success of someone else

Re: Linux mark extortion

2005-06-18 Thread Raul Miller
On Sat, Jun 18, 2005 at 06:48:48AM -0400, Raul Miller wrote: This is where I came in. (Threatened legal action against userlinux -- http://www.userlinux.com/ -- if they didn't pay license fees in recognition of oversight authority.) On 6/18/05, Glenn Maynard [EMAIL PROTECTED] wrote: I

Re: Linux mark extortion

2005-06-17 Thread Raul Miller
On 6/17/05, Bruce Perens [EMAIL PROTECTED] wrote: The userlinux project has been approached by the Linux Mark Institute with a demand for money in order to make use of the Linux trademark. Said demand would also apply to the Debian project. I believe their terms to be non-DFSG-compliant. See

Re: Linux mark extortion

2005-06-17 Thread Raul Miller
On 6/17/05, Bruce Perens [EMAIL PROTECTED] wrote: Raul Miller wrote: Reading the LMI site, they're only requiring a license on uses of Linux which are not labelling OS software. Maybe you misread it. According to the license terms, AUTHORIZED GOODS/SERVICES, including software, do require

Re: LPPL and source-less distribution

2005-06-14 Thread Raul Miller
On 6/13/05, Michael K. Edwards [EMAIL PROTECTED] wrote: I thought I'd done rather well in responding politely to a polite inquiry as to whether I might be a Tentacle of Evil. I think of myself as representing forthright radicalism within the system, and if you think about it you'll realize

Re: LPPL and source-less distribution

2005-06-13 Thread Raul Miller
On 6/12/05, Michael K. Edwards [EMAIL PROTECTED] wrote: Oh, and just to remind you: I am pro-non-crack-smoking-GPL, and have even been known to advocate that it be required as a matter of law For the record, I am not at all comfortable with your characterization of opinions different from your

Re: New 'Public Domain' Licence

2005-06-11 Thread Raul Miller
On Tue, Jun 07, 2005 at 09:52:38PM -0700, Raul Miller wrote: You seem to be trying to talk about this in an impartial manner, but as long as you talk in terms of minimizing all obstacles you're not doing so. On 6/8/05, Glenn Maynard [EMAIL PROTECTED] wrote: The GPL deliberately places

Re: New 'Public Domain' Licence

2005-06-07 Thread Raul Miller
On 6/7/05, Glenn Maynard [EMAIL PROTECTED] wrote: On Tue, Jun 07, 2005 at 06:33:38PM -0400, Raul Miller wrote: On 6/5/05, Glenn Maynard [EMAIL PROTECTED] wrote: No disagreement here (except the implication that non-free use is the only goal--the goal is free use everywhere, and non-free

Re: New 'Public Domain' Licence

2005-06-05 Thread Raul Miller
On 6/3/05, Glenn Maynard [EMAIL PROTECTED] wrote: You mean that the problem is that permissive licenses don't serve the goals of a copyleft? They're not supposed to. The goal (or at least one very common goal) of permissive licenses is to encourage free use of code, and it's understandable

Re: Bug#310994: ITP: openttd -- open source clone of the Microprose game Transport Tycoon Deluxe

2005-05-28 Thread Raul Miller
On 5/27/05, Michael K. Edwards [EMAIL PROTECTED] wrote: On 5/27/05, Matthijs Kooijman [EMAIL PROTECTED] wrote: That's correct; and, with or without that dependency, OpenTTD infringes the copyright on Transport Tycoon Deluxe under a mise en scene theory, as discussed on debian-legal.

Re: RES: What makes software copyrightable anyway?

2005-05-24 Thread Raul Miller
On 5/24/05, Michael K. Edwards [EMAIL PROTECTED] wrote: True. Replace that non-sentence with: By license, I mean the usage of the word in a copyright law context -- i. e. (non-)exclusive copyright license, a term in a contract -- and not any statutory or judicially created defense such as

Re: RES: What makes software copyrightable anyway?

2005-05-23 Thread Raul Miller
with some other points of agreement. (Many of your statements are statement I agree with if they're phrased as possibilities rather than in always applicable to everything form -- that is, if they're rephrased to assert existence rather than universality.) On 5/21/05, Raul Miller [EMAIL

Re: RES: What makes software copyrightable anyway?

2005-05-23 Thread Raul Miller
On 5/23/05, Michael K. Edwards [EMAIL PROTECTED] wrote: On 5/23/05, Raul Miller [EMAIL PROTECTED] wrote: I'll need to think about that some, but I think there are some obvious points you missed. (For example, that contract law can and will be used in resolving ownership issues

Re: RES: What makes software copyrightable anyway?

2005-05-22 Thread Raul Miller
case until you reminded me. I think my tendency to not acknowledge points like that is one of my more annoying traits. Sorry about that. On 5/21/05, Raul Miller [EMAIL PROTECTED] wrote: As I read it, it's saying unoriginal elements can't be copyrighted, and that the system in question

Re: RES: What makes software copyrightable anyway?

2005-05-22 Thread Raul Miller
One other thing I should note about the GPL reasoning in the Progress v. MySQL case. In her assessment that no harm was likely, the judge could have been considering that Progress would be estopped from pursuing infringement charges against people releasing derivatives of Gemini under the GPL.

Re: RES: What makes software copyrightable anyway?

2005-05-21 Thread Raul Miller
On 5/21/05, Michael K. Edwards [EMAIL PROTECTED] wrote: On 5/20/05, Michael K. Edwards [EMAIL PROTECTED] wrote: There is some question about whether Quagga+Net SNMP+libssl is uncopyrightable. No, there isn't. There's no selection and arrangement creative expression there. It's

Re: RES: What makes software copyrightable anyway?

2005-05-21 Thread Raul Miller
On 5/21/05, Michael K. Edwards [EMAIL PROTECTED] wrote: While these categories are exemplary and can be bent to cover previously uncontemplated forms of work, judges are quite aware that they do so at their peril. If you think that sister circuits' critiques of Rano v. Sipa Press are brutal,

Re: RES: What makes software copyrightable anyway?

2005-05-21 Thread Raul Miller
On 5/21/05, Anthony DeRobertis [EMAIL PROTECTED] wrote: As a general rule, those commands don't go figuring out where to get the sources and download them for you. Nor are they specially documented in the distributor's notes on the package. I assure you ./configure and make are quite

Re: RES: What makes software copyrightable anyway?

2005-05-21 Thread Raul Miller
On 5/21/05, Michael K. Edwards [EMAIL PROTECTED] wrote: P. S. Well, at least one person thinks Raul's credibility is intact despite his attempted justification of a foolish gamble on OpenTTD, Or maybe he thinks that my credibility wasn't much to begin with. You really shouldn't overgeneralize

Re: RES: What makes software copyrightable anyway?

2005-05-21 Thread Raul Miller
On 5/21/05, Michael K. Edwards [EMAIL PROTECTED] wrote: On 5/21/05, Raul Miller [EMAIL PROTECTED] wrote: After looking at this for a bit, I'm thinking that Quagga is based on libsnmp and that libsnmp is based on libssl. Not in any copyright sense whatsoever. And what, every Perl script

Re: RES: What makes software copyrightable anyway?

2005-05-21 Thread Raul Miller
On 5/21/05, Michael K. Edwards [EMAIL PROTECTED] wrote: I think you're talking about something different from what I'm talking about. I'm talking about cases where the program as a whole is granted special copyright protection beyond that of its individual components. (That's a literal

Re: RES: What makes software copyrightable anyway?

2005-05-21 Thread Raul Miller
On 5/21/05, Michael K. Edwards [EMAIL PROTECTED] wrote: On 5/21/05, Raul Miller [EMAIL PROTECTED] wrote: On 5/21/05, Michael K. Edwards [EMAIL PROTECTED] wrote: Not in any copyright sense whatsoever. And what, every Perl script is based on Perl? Every Lotus 1-2-3 macro is based on Lotus

Re: RES: What makes software copyrightable anyway?

2005-05-20 Thread Raul Miller
On 5/19/05, Adam McKenna [EMAIL PROTECTED] wrote: On Thu, May 19, 2005 at 07:38:18PM -0400, Raul Miller wrote: Which can occur if anyone redistributes any of the I_WANT_OPENSSL debian packages. According to you. If, for the sake of argument, we assume that such binaries

Re: RES: What makes software copyrightable anyway?

2005-05-20 Thread Raul Miller
On 5/20/05, Anthony DeRobertis [EMAIL PROTECTED] wrote: GPL 1, 2, and 3 apply to distributions in object or executable form. GPL 1 and 2 apply to distributions in source code form. The GPL has *clearly* and *intentionally* placed additional restrictions (given in section 3) on binary

Re: RES: What makes software copyrightable anyway?

2005-05-20 Thread Raul Miller
On 5/20/05, Michael K. Edwards [EMAIL PROTECTED] wrote: Stipulate, for the moment, that either the Program or any derivative work under copyright law (candidate E) and a work containing the Program or a portion of it, either verbatim or with modifications and/or translated into another

Re: RES: What makes software copyrightable anyway?

2005-05-20 Thread Raul Miller
(Note, I might come back to some of this later -- I need to think about whether I want to bother raising some issues, among other things --, but a few of these I have immediate questions or comments about.) On 5/20/05, Michael K. Edwards [EMAIL PROTECTED] wrote: There is some question about

Re: RES: What makes software copyrightable anyway?

2005-05-20 Thread Raul Miller
On 5/20/05, Michael K. Edwards [EMAIL PROTECTED] wrote: As a paraphrase of candidate E, it's erroneous. The grammar, as I read it, doesn't allow it to be anything else. But a licensee is certainly welcome to argue for the presence of an ambiguity there if they have some reason to prefer

Re: RES: What makes software copyrightable anyway?

2005-05-19 Thread Raul Miller
On 5/19/05, Adam McKenna [EMAIL PROTECTED] wrote: This absolute protection did not seem to protect Napster, nor did the home recording act. Despite their claims to the contrary, Napster's *primary function* was to facilitate the illegal distribution of copyrighted materials. That is

Re: Trademark license compatibility with GPL and/or DFSG

2005-05-19 Thread Raul Miller
On 5/19/05, Nicholas Jefferson [EMAIL PROTECTED] wrote: The company in question is willing to negotiate terms for a trademark license that is agreeable to all parties. Obviously any advertising or guarantee restrictions are unacceptable to us. Unlimited use of the trademark is unacceptable to

Re: Trademark license compatibility with GPL and/or DFSG

2005-05-19 Thread Raul Miller
On 5/19/05, Ken Arromdee [EMAIL PROTECTED] wrote: Isn't it always legal to use a trademark to refer to the product in question? If you have a driver for a piece of hardware that has the trademarked name X, it should be legal to name it driver for X. (Of course, what is legal and what keeps

Re: RES: What makes software copyrightable anyway?

2005-05-19 Thread Raul Miller
On 5/19/05, Adam McKenna [EMAIL PROTECTED] wrote: No matter what the court ruled about Napster's CD ripping/copying ability, that's not what they originally got in trouble for. They got in trouble for making it easy for people to trade MP3's, by maintaining a repository of illegal music

Re: RES: Where to put Open Transport Tycoon (openttd)

2005-05-19 Thread Raul Miller
In other words, Palladium wasn't the copyright holder, and didn't even have have license. That doesn't seem very interesting. -- Raul

distribute

2005-05-19 Thread Raul Miller
Distribute does not mean bits on the wire. It means something more like make available, though it also has implications of releasing control. http://google.com/search?q=define%3Adistribute -- Raul

Re: RES: Where to put Open Transport Tycoon (openttd)

2005-05-19 Thread Raul Miller
On 5/19/05, Michael K. Edwards [EMAIL PROTECTED] wrote: You appear to labor under a common misconception about legal precedents -- namely, that it is their outcome that matters rather than the reasoning that they contain. Actually, I made the (perhaps false) assumption that you had quoted the

Re: [WASTE-dev-public] Do not package WASTE! UNAUTHORIZED SOFTWARE [Was: Re: Questions about waste licence and code.]

2005-05-19 Thread Raul Miller
On 5/19/05, Michael K. Edwards [EMAIL PROTECTED] wrote: The GPL is anomalous in that the drafter has published a widely believed, but patently false, set of claims about its legal basis in the FSF FAQ. For the record, I disagree that this faq is patently false. It is, in places, a bit

Re: RES: What makes software copyrightable anyway?

2005-05-19 Thread Raul Miller
On 5/19/05, Adam McKenna [EMAIL PROTECTED] wrote: You have made a direct comparison between Debian making it easy for a user to build an OpenSSL-linked Quagga, and Napster's *flagrant* facilitation of copyright infringement. Yes. Note that there was a senator who thought that the laws which

Re: RES: Where to put Open Transport Tycoon (openttd)

2005-05-19 Thread Raul Miller
On 5/19/05, Michael K. Edwards [EMAIL PROTECTED] wrote: Anyways, I've never advocated relying on the circulars in place of the copyright act. I was just thinking that the circulars explained some reasoning about the copyright act that you seemed to be having difficulty with. This is

Re: RES: What makes software copyrightable anyway?

2005-05-19 Thread Raul Miller
On 5/19/05, Adam McKenna [EMAIL PROTECTED] wrote: On Thu, May 19, 2005 at 04:29:09PM -0400, Raul Miller wrote: On 5/19/05, Adam McKenna [EMAIL PROTECTED] wrote: You have made a direct comparison between Debian making it easy for a user to build an OpenSSL-linked Quagga, and Napster's

Re: RES: What makes software copyrightable anyway?

2005-05-19 Thread Raul Miller
On 5/19/05, Michael K. Edwards [EMAIL PROTECTED] wrote: This scope of license construction does not involve any fine judgments about whether the licensee's return performance is up to snuff. If the GPL is an offer of contract, the only remedy explicitly included in the agreement is

Re: RES: Where to put Open Transport Tycoon (openttd)

2005-05-19 Thread Raul Miller
On 5/19/05, Michael K. Edwards [EMAIL PROTECTED] wrote: I suppose it's also true that they don't have a copyright on the functionality represented by this game, but functionality wasn't copyrightable in the first place. Mise en scene, my friend, mise en scene. We're not talking about

Re: RES: What makes software copyrightable anyway?

2005-05-19 Thread Raul Miller
On 5/19/05, Michael K. Edwards [EMAIL PROTECTED] wrote: On 5/19/05, Raul Miller [EMAIL PROTECTED] wrote: Quite literally: the court didn't address the scope of license issue. Bullshit. Decision at http://java.sun.com/lawsuit/050800ruling.html , which I already pointed out to you

Re: RES: Where to put Open Transport Tycoon (openttd)

2005-05-19 Thread Raul Miller
On 5/19/05, Michael K. Edwards [EMAIL PROTECTED] wrote: On 5/19/05, Raul Miller [EMAIL PROTECTED] wrote: We're talking about something more like the Lewis Galoob Toys, Inc. v. Nintendo of Am., Inc. case. So there are as wide a variety of games playable on the Transport Tycoon Deluxe

Re: RES: What makes software copyrightable anyway?

2005-05-18 Thread Raul Miller
On 5/17/05, Raul Miller [EMAIL PROTECTED] wrote: Anyways, I don't really care whether or not you can find a conflict between some perhaps irrelevant text and the definition you've asserted -- I want to see some citation that leads me to believe that the distinction you've asserted

Re: RES: What makes software copyrightable anyway?

2005-05-18 Thread Raul Miller
As usual, I don't know what your point is. If I read you right, you're claiming that I mis-read my own question -- that I really wasn't asking for clarifcation on why you asserted that the GPL is not a license. If I read you right, you think that my citation of this case involving colorization

Re: RES: What makes software copyrightable anyway?

2005-05-18 Thread Raul Miller
On 5/18/05, Anthony DeRobertis [EMAIL PROTECTED] wrote: In source code form, yes, we do under sections 1 and 2 of the GPL. The the source code for all modules it contains is part of section 3, which doesn't matter when we're distributing source. If distribute meant distribute in the form of

Re: [WASTE-dev-public] Do not package WASTE! UNAUTHORIZED SOFTWARE [Was: Re: Questions about waste licence and code.]

2005-05-18 Thread Raul Miller
On 5/18/05, Roberto C. Sanchez [EMAIL PROTECTED] wrote: That is completely not possible. Once you offer (and someone accepts) code under the terms of the GPL, they are for evermore entitled to use *that* code under the GPL. There are some exceptions to this. For example, if you're not the

Re: RES: What makes software copyrightable anyway?

2005-05-18 Thread Raul Miller
On 5/18/05, Anthony DeRobertis [EMAIL PROTECTED] wrote: Raul Miller wrote: If distribute meant distribute in the form of debian packages as defined by the semantics of dpkg as opposed to distribute whatever the mechanism, we'd be golden. As long as we don't distribute GPL'd code linked

Re: RES: What makes software copyrightable anyway?

2005-05-18 Thread Raul Miller
On 5/18/05, Michael K. Edwards [EMAIL PROTECTED] wrote: OK, let's clarify that. There is a particular legal use of the word license, as in the phrase scope of the license, which refers specifically to an individual provision in a contract that says what rights the copyright holder (or, in

Re: RES: What makes software copyrightable anyway?

2005-05-17 Thread Raul Miller
On 5/17/05, Michael K. Edwards [EMAIL PROTECTED] wrote: What do you think the appeals court asserted? I stand by my statement: in the absence of a proper analysis of the scope of license, the district court's judgment was wrong. And, I might add, the district court, on re-hearing, dismissed

Re: RES: RES: Where to put Open Transport Tycoon (openttd)

2005-05-17 Thread Raul Miller
On 5/17/05, Humberto Massa Guimarães [EMAIL PROTECTED] wrote: You do have a point, too. But in the specific case of TTD, could the game engine be *really* generic? I don't really think so. Maybe. But openttd is more generic than MicroStar's game mods. MicroStar's game mods were designed and

Re: Where to put Open Transport Tycoon (openttd)

2005-05-17 Thread Raul Miller
On 5/17/05, Michael K. Edwards [EMAIL PROTECTED] wrote: it = the definition of 'derivative work under copyright law', and hence of 'work based on the Program' And, hence, something that's licensed under the GPL. I agree -- especially since it's the grant of license which is being construed

Re: RES: What makes software copyrightable anyway?

2005-05-17 Thread Raul Miller
On 5/17/05, Michael K. Edwards [EMAIL PROTECTED] wrote: On 5/17/05, Michael Poole [EMAIL PROTECTED] wrote: Raul Miller writes: Actually, it's circularly bullshit. The scope of that license does include the making and distribution of collective works, courtesy of both the mere aggregation

Re: RES: Where to put Open Transport Tycoon (openttd)

2005-05-17 Thread Raul Miller
On 5/17/05, Michael K. Edwards [EMAIL PROTECTED] wrote: Up until a day or two ago I could chalk that up to difficulty with reading comprehension, but the whole business with citing Sun v. Microsoft as proof that some courts skip contract analysis, and then refusing to acknowledge that he was

Re: RES: What makes software copyrightable anyway?

2005-05-17 Thread Raul Miller
Then again, as an example of a copyright case where contract law was held to be irrelevant, consider Huston v. La Cinq Cass. civ. 1re (28 May 1991). On 5/17/05, Michael Poole [EMAIL PROTECTED] wrote: Hm, so a French court could claim jurisdiction over a case where a modification is made

Re: Where to put Open Transport Tycoon (openttd)

2005-05-17 Thread Raul Miller
On 5/17/05, Michael K. Edwards [EMAIL PROTECTED] wrote: But for future reference, if you think that something I have written leads inexorably to the conclusion that Debian is prohibited from distributing Sarge CD #1, you're probably misreading it -- except when I express that fear myself, as I

Re: RES: What makes software copyrightable anyway?

2005-05-17 Thread Raul Miller
On 5/17/05, Michael K. Edwards [EMAIL PROTECTED] wrote: I claim that the GPL is not a contract. I don't believe I'm disputing any claim you've made when I say this, because near as I can tell you have never actually asserted that the GPL is a contract. The closest you've come seems to

Re: RES: What makes software copyrightable anyway?

2005-05-17 Thread Raul Miller
On 5/17/05, Michael K. Edwards [EMAIL PROTECTED] wrote: As a reminder: I favor the use of the non-crack-smoking GPL on a much broader basis than it is used today. I would like to see all open source projects, FSF and otherwise, relicensed exclusively under the GPL so that we can roll up our

Re: RES: What makes software copyrightable anyway?

2005-05-17 Thread Raul Miller
On 5/17/05, Michael K. Edwards [EMAIL PROTECTED] wrote: The GPL is an offer of contract, no more and no less. Ok... if you offer me the GPL as a contract, and I accept, at that point the GPL is not the whole of the contract but it's more than an offer. So I'm already losing track of your

Re: Where to put Open Transport Tycoon (openttd)

2005-05-16 Thread Raul Miller
On 5/16/05, Michael K. Edwards [EMAIL PROTECTED] wrote: Note that there is no question (IANAL, TINLA) that openttd infringes the copyright on Transport Tycoon in any jurisdiction that recognizes the doctrine of mise en scene, i. e., pretty much any jurisdiction that has a copyright law. See

Re: Where to put Open Transport Tycoon (openttd)

2005-05-16 Thread Raul Miller
On 5/16/05, Michael K. Edwards [EMAIL PROTECTED] wrote: No, the artwork (if included) would be literally infringing. The mise en scene doctrine is not about literal copying, it's about the creation of sequels (parodies, clones, etc.) that plagiarize the original work and siphon off the

Re: Where to put Open Transport Tycoon (openttd)

2005-05-16 Thread Raul Miller
So where is the plagarism? How does your siphon off the commercial potential work in this case? On 5/16/05, Michael K. Edwards [EMAIL PROTECTED] wrote: Would you like the very paragraph from Micro Star v. FormGen? ... radioactive slime. A copyright owner holds the right to create

Re: Where to put Open Transport Tycoon (openttd)

2005-05-16 Thread Raul Miller
On 5/16/05, Michael K. Edwards [EMAIL PROTECTED] wrote: It lets you play the original. In concept, it could let you play a sequel. Or, it could let you play an entirely different game. But no one has presented any reason to think that openttd represents a sequel. Have you read any of the

Re: Where to put Open Transport Tycoon (openttd)

2005-05-15 Thread Raul Miller
On 5/15/05, Matthijs Kooijman [EMAIL PROTECTED] wrote: I am making Debian packages of openttd and am thinking of getting them uploaded into Debian. Though it is licensed under GPL, I was wondering in what section it belongs. There are two reasons for this. First, openttd is non-working on

Re: Where to put Open Transport Tycoon (openttd)

2005-05-15 Thread Raul Miller
I wrote: Also, unless openttd includes design features which are clearly unique content, the original publishers probably won't have any legal grounds I meant, and should have said ... which are clearly unique content of the publishers of the original game... Obviously, openttd's authors have

Re: RES: What makes software copyrightable anyway?

2005-05-13 Thread Raul Miller
On 5/13/05, Adam McKenna [EMAIL PROTECTED] wrote: So what? A user building a package locally has nothing to do with us. If he violates the license by distributing said binaries, he is liable, not us. This isn't nothing to do with us. We've done practically all the work needed for the user to

Re: RES: What makes software copyrightable anyway?

2005-05-13 Thread Raul Miller
On 5/13/05, Adam McKenna [EMAIL PROTECTED] wrote: Still, so what? How is building the package locally equivalent to infringement? Why did Napster decide to offer a billion dollars to the recording industry, to settle their copyright suit? Do you think they were just smoking crack? Unlike us,

Re: RES: What makes software copyrightable anyway?

2005-05-13 Thread Raul Miller
On 5/13/05, Adam McKenna [EMAIL PROTECTED] wrote: Mind you, this is a collective work, and we will also distribute the pieces individually. But we sometimes don't distribute the work is not equivalent to we do not distribute the work. And yet somehow this work can get on the user's

Re: RES: What makes software copyrightable anyway?

2005-05-13 Thread Raul Miller
On 5/13/05, Adam McKenna [EMAIL PROTECTED] wrote: How do you account for it getting onto user machines? I'm done here. That's fine. You are obviously more interested in trolling or spreading FUD than having a conversation. That's not. -- Raul

Re: RES: What makes software copyrightable anyway?

2005-05-13 Thread Raul Miller
On 5/13/05, Michael K. Edwards [EMAIL PROTECTED] wrote: If there are other specific statements which you found to be insulting, please do let me know; it's possible that I have said something else comparable to behest of the FSF for which a similar apology is due. Thanks, but I'll take the

Re: Contract and Tort Law and the GPL

2005-05-12 Thread Raul Miller
On 5/12/05, Michael K. Edwards [EMAIL PROTECTED] wrote: Oferchrissake. Existing case law with respect to copyright _licenses_ is always, always, always based on contract law (in the US, anyway). Would you do me the courtesy of at least correctly stating the argument that you are attempting to

Re: What makes software copyrightable anyway?

2005-05-12 Thread Raul Miller
On 5/12/05, Humberto Massa [EMAIL PROTECTED] wrote: You inverted the do more and do less. Publishing an arbitrary set of anthologies is do more as compared to publishing one story. Ok, here's my current understanding: permission to distribute sources does not constitute permission to

Re: What makes software copyrightable anyway?

2005-05-12 Thread Raul Miller
On 5/12/05, Michael Poole [EMAIL PROTECTED] wrote: Raul Miller writes: Ok, here's my current understanding: permission to distribute sources does not constitute permission to distribute binaries. The principle under Brazilian law seems to be that restrictions on distribution of sources

Re: Contract and Tort Law and the GPL

2005-05-12 Thread Raul Miller
Just in case anyone was worried about this issue: On 5/12/05, Michael K. Edwards [EMAIL PROTECTED] wrote: On 5/11/05, Raul Miller [EMAIL PROTECTED] wrote: So it should be possible to treat the GPL as if an implicit contract had been signed, and proceed from there, and the damages inflicted

Re: Contract and Tort Law and the GPL

2005-05-12 Thread Raul Miller
On 5/12/05, Michael K. Edwards [EMAIL PROTECTED] wrote: Federal copyright law presumes irreparable harm from the infringement of a copyright. See Cadence Design Systems, 125 F.3d at 826-27. Exactly. -- Raul

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