Re: Barriers to an ASP loophole closure

2003-03-14 Thread Thomas Bushnell, BSG
Terry Hancock [EMAIL PROTECTED] writes: Now, what if I played it through my web server? I don't give you the DVD and I don't let you access the menu directly, so I am not distributing the work through the web, I'm just playing a video using some streaming video format. Now that is clearly

Re: Barriers to an ASP loophole closure

2003-03-13 Thread Jeremy Hankins
[EMAIL PROTECTED] (Thomas Bushnell, BSG) writes: Jeremy Hankins [EMAIL PROTECTED] writes: But I'm not yet clear what your argument for that is. On the face of it, attaching it to use makes more sense, since who the possessor of a copy is is really a technical detail that can be changed or

Re: Barriers to an ASP loophole closure

2003-03-13 Thread Thomas Bushnell, BSG
Jeremy Hankins [EMAIL PROTECTED] writes: [EMAIL PROTECTED] (Thomas Bushnell, BSG) writes: Jeremy Hankins [EMAIL PROTECTED] writes: But I'm not yet clear what your argument for that is. On the face of it, attaching it to use makes more sense, since who the possessor of a copy is is

Re: Barriers to an ASP loophole closure

2003-03-13 Thread Terry Hancock
On Thursday 13 March 2003 03:56 pm, Thomas Bushnell, BSG wrote: Jeremy Hankins [EMAIL PROTECTED] writes: My understanding (IANAL, etc) is that public performance could cover this sort of thing (the problem would be scaling it back to cover only what we want it to). Are you simply objecting

Re: Barriers to an ASP loophole closure [OT note about XP EULA]

2003-03-13 Thread Jakob Bohm
On Thu, Mar 13, 2003 at 05:37:18AM +0200, Richard Braakman wrote: On Wed, Mar 12, 2003 at 04:37:04PM -0800, Thomas Bushnell, BSG wrote: Allow me to propose the What if Microsoft Did It test. Microsoft creates a new program, and says you are prohibited from running this program behind a web

Re: Barriers to an ASP loophole closure

2003-03-12 Thread Thomas Bushnell, BSG
David Turner [EMAIL PROTECTED] writes: On Tue, 2003-03-11 at 20:21, Thomas Bushnell, BSG wrote: David Turner [EMAIL PROTECTED] writes: Here, I think Apache is closer to router software than to PHPNuke. PHPNuke is distinguishable because it's not designed to do some standard thing

Re: Barriers to an ASP loophole closure

2003-03-12 Thread Jeremy Hankins
Glenn Maynard [EMAIL PROTECTED] writes: On Tue, Mar 11, 2003 at 10:26:44AM -0500, Jeremy Hankins wrote: The idea is that, before I make the software available in any way, I should be able to decide who should get access and who should not. And that list need not include the author. Rather,

Re: Barriers to an ASP loophole closure

2003-03-12 Thread Jeremy Hankins
Anthony Towns aj@azure.humbug.org.au writes: On Tue, Mar 11, 2003 at 10:26:44AM -0500, Jeremy Hankins wrote: The idea is that, before I make the software available in any way, I should be able to decide who should get access and who should not. And that list need not include the author.

Re: Barriers to an ASP loophole closure

2003-03-12 Thread Jeremy Hankins
[EMAIL PROTECTED] (Brian T. Sniffen) writes: When I say you're a user of router software, I'm not pushing the definition of user any further than you are when you say I'm a user of PHP-nuke or Apache. Well, we disagree then. I admit that in some sense I'm using the router on my local subnet

Re: Barriers to an ASP loophole closure

2003-03-12 Thread Jeremy Hankins
[EMAIL PROTECTED] (Thomas Bushnell, BSG) writes: Jeremy Hankins [EMAIL PROTECTED] writes: But you still haven't answered my question: *IF* it could be done (and passed the other two tests I mentioned in my other message), would it be free? No. It wouldn't because freedom means, at its

Re: Barriers to an ASP loophole closure

2003-03-12 Thread Henning Makholm
Scripsit [EMAIL PROTECTED] (Brian T. Sniffen) What happens twenty years from now, when Transmeta-style reconfiguring processors are everywhere, and I'm not so much running emacs as I am rebuilding my computer into a fixed machine which implements emacs? This particular problem, if any, is one

Re: Barriers to an ASP loophole closure

2003-03-12 Thread Thomas Bushnell, BSG
Jeremy Hankins [EMAIL PROTECTED] writes: But I'm not yet clear what your argument for that is. On the face of it, attaching it to use makes more sense, since who the possessor of a copy is is really a technical detail that can be changed or made unclear via technical means (e.g., ASP). The

Re: Barriers to an ASP loophole closure

2003-03-11 Thread Anthony Towns
On Mon, Mar 10, 2003 at 04:47:56PM -0500, Glenn Maynard wrote: I don't understand this question. Having access to the source is necessary if you want to make changes. Examples of dentists' software aren't relevant (unless you're a dentist), because that'd be outside of the sort of use we

Re: Barriers to an ASP loophole closure (was Re: OSD DFSG - different purposes - constructive suggestion!)

2003-03-11 Thread Anthony Towns
On Mon, Mar 10, 2003 at 02:27:44PM -0500, Jeremy Hankins wrote: Anthony Towns aj@azure.humbug.org.au writes: Basically, as far as I can see, the dissident test is exactly equivalent to saying we don't want to close this ASP loophole thing. I don't think this is true, if you accept the

Re: Barriers to an ASP loophole closure

2003-03-11 Thread Jeremy Hankins
[EMAIL PROTECTED] (Thomas Bushnell, BSG) writes: The point is that the alleged user, even if he has the source to what's behind the web page, *can't* change it, because it's on a computer beyond his control, on the other side of that connection. Giving him the source does *NOT* make it

Re: Barriers to an ASP loophole closure

2003-03-11 Thread Jeremy Hankins
Anthony Towns aj@azure.humbug.org.au writes: Well, dissidents supposedly want to be able to keep their changes private to a small group from among all the people who have any knowledge of their software. ASP folks want to keep their software private to themselves. Yes, dissidents want to

Re: Barriers to an ASP loophole closure

2003-03-11 Thread Jeremy Hankins
[EMAIL PROTECTED] (Brian T. Sniffen) writes: Jeremy Hankins [EMAIL PROTECTED] writes: Is it users of programs or owners of copies of programs that should have freedom? As far as I can see the answer is clearly users. Currently those two groups are roughly the same, and the second group is

Re: Barriers to an ASP loophole closure

2003-03-11 Thread Jeremy Hankins
Glenn Maynard [EMAIL PROTECTED] writes: Of course, there are cases of web apps that can be run just as well on my local webserver, but I think they're a small minority. (It's this group that you're describing in your other examples, but I think it's the less significant category.) The

Re: Barriers to an ASP loophole closure

2003-03-11 Thread Brian T. Sniffen
Jeremy Hankins [EMAIL PROTECTED] writes: [EMAIL PROTECTED] (Thomas Bushnell, BSG) writes: The point is that the alleged user, even if he has the source to what's behind the web page, *can't* change it, because it's on a computer beyond his control, on the other side of that connection.

Re: Barriers to an ASP loophole closure

2003-03-11 Thread Glenn Maynard
On Tue, Mar 11, 2003 at 10:26:44AM -0500, Jeremy Hankins wrote: The idea is that, before I make the software available in any way, I should be able to decide who should get access and who should not. And that list need not include the author. Rather, you should be able to decide who *you* give

Re: Barriers to an ASP loophole closure

2003-03-11 Thread Anthony Towns
On Tue, Mar 11, 2003 at 10:26:44AM -0500, Jeremy Hankins wrote: The idea is that, before I make the software available in any way, I should be able to decide who should get access and who should not. And that list need not include the author. Uh, why, exactly? How is that different than saying

Re: Barriers to an ASP loophole closure

2003-03-11 Thread Anthony Towns
On Tue, Mar 11, 2003 at 05:47:21AM -0500, Brian T. Sniffen wrote: But that's exactly the error we reprimand legislators and businesses for: believing that a different medium requires new laws to make it safe. That I receive the output of software over HTTP should change nothing from the cases

Re: Barriers to an ASP loophole closure

2003-03-11 Thread Brian T. Sniffen
Jeremy Hankins [EMAIL PROTECTED] writes: [EMAIL PROTECTED] (Brian T. Sniffen) writes: Jeremy Hankins [EMAIL PROTECTED] writes: Is it users of programs or owners of copies of programs that should have freedom? As far as I can see the answer is clearly users. Currently those two groups are

Re: Barriers to an ASP loophole closure (was Re: OSD DFSG - different purposes - constructive suggestion!)

2003-03-11 Thread Stephen Ryan
On Tue, 2003-03-11 at 11:58, Steve Langasek wrote: I find this an acceptable compromise. The GPL already implements something very close to this: if you give someone a copy, they're able to pass it on to a third party who in some cases then has grounds for demanding source from the author.

Re: Barriers to an ASP loophole closure

2003-03-11 Thread Thomas Bushnell, BSG
Jeremy Hankins [EMAIL PROTECTED] writes: But you still haven't answered my question: *IF* it could be done (and passed the other two tests I mentioned in my other message), would it be free? No. It wouldn't because freedom means, at its root, the absence of restrictions. The fact that

Re: Barriers to an ASP loophole closure

2003-03-11 Thread Thomas Bushnell, BSG
Anthony Towns aj@azure.humbug.org.au writes: The idea is that: (a) gcc -o foo foo.o bar-gpl.o forms a work (foo) based on bar-gpl.o and thus that people should make the full source of foo available (b) gcc -o foo foo.o -lbar-gpl is much the same as the above

Re: Barriers to an ASP loophole closure

2003-03-11 Thread David Turner
On Tue, 2003-03-11 at 12:00, Anthony Towns wrote: Software licenses are, almost by definition, the author placing obligations on everyone. Or removing them, in the case of Free Software licenses. -- -Dave Turner Stalk Me: 617 441 0668 On matters of style, swim with the

Re: Barriers to an ASP loophole closure

2003-03-11 Thread David Turner
On Tue, 2003-03-11 at 11:58, Brian T. Sniffen wrote: Only when you're playing the game of trying to push the definition of user as far as you can push it. And that's a perfectly legitimate and good thing to do when you're discussing a license text, but in doing so you shouldn't forget

Re: Barriers to an ASP loophole closure (was Re: OSD DFSG - different purposes - constructive suggestion!)

2003-03-11 Thread David Turner
On Tue, 2003-03-11 at 14:51, Stephen Ryan wrote: On Tue, 2003-03-11 at 11:58, Steve Langasek wrote: I find this an acceptable compromise. The GPL already implements something very close to this: if you give someone a copy, they're able to pass it on to a third party who in some cases

Re: Barriers to an ASP loophole closure

2003-03-11 Thread Thomas Bushnell, BSG
David Turner [EMAIL PROTECTED] writes: On Tue, 2003-03-11 at 12:00, Anthony Towns wrote: Software licenses are, almost by definition, the author placing obligations on everyone. Or removing them, in the case of Free Software licenses. Hah. Forced publication requirements *remove* no

Re: Barriers to an ASP loophole closure

2003-03-11 Thread Glenn Maynard
On Tue, Mar 11, 2003 at 04:45:02PM -0500, David Turner wrote: Software licenses are, almost by definition, the author placing obligations on everyone. Or removing them, in the case of Free Software licenses. The GPL places lots of obligations on people in the interests of preserving

Re: Barriers to an ASP loophole closure

2003-03-11 Thread Mark Rafn
On Tue, 2003-03-11 at 11:58, Brian T. Sniffen wrote: When I say you're a user of router software, I'm not pushing the definition of user any further than you are when you say I'm a user of PHP-nuke or Apache. On Tue, 11 Mar 2003, David Turner wrote: Here, I think Apache is closer to

Re: Barriers to an ASP loophole closure

2003-03-11 Thread Thomas Bushnell, BSG
David Turner [EMAIL PROTECTED] writes: Here, I think Apache is closer to router software than to PHPNuke. PHPNuke is distinguishable because it's not designed to do some standard thing -- instead, users choose to visit PHPNuke sites in part because of their specific, unique features.

Re: Barriers to an ASP loophole closure

2003-03-11 Thread David Turner
On Tue, 2003-03-11 at 17:59, Thomas Bushnell, BSG wrote: David Turner [EMAIL PROTECTED] writes: On Tue, 2003-03-11 at 12:00, Anthony Towns wrote: Software licenses are, almost by definition, the author placing obligations on everyone. Or removing them, in the case of Free Software

Re: Barriers to an ASP loophole closure

2003-03-11 Thread David Turner
On Tue, 2003-03-11 at 20:21, Thomas Bushnell, BSG wrote: David Turner [EMAIL PROTECTED] writes: Here, I think Apache is closer to router software than to PHPNuke. PHPNuke is distinguishable because it's not designed to do some standard thing -- instead, users choose to visit PHPNuke

Re: Barriers to an ASP loophole closure

2003-03-11 Thread Glenn Maynard
On Tue, Mar 11, 2003 at 10:53:13PM -0500, David Turner wrote: The GPL places lots of obligations on people in the interests of preserving people's freedom. Placing obligations isn't equivalent to reducing freedom (though they often coincide, and we should be skeptical about obligations

Barriers to an ASP loophole closure (was Re: OSD DFSG - different purposes - constructive suggestion!)

2003-03-10 Thread Jeremy Hankins
Anthony Towns aj@azure.humbug.org.au writes: This detailed wrangling is really missing the point that I'm interested in, though. Is there a _fundamental_ difficulty with such licenses? Is it users of programs or owners of copies of programs that should have freedom? As far as I can see the

Re: Barriers to an ASP loophole closure (was Re: OSD DFSG - different purposes - constructive suggestion!)

2003-03-10 Thread Thomas Bushnell, BSG
Jeremy Hankins [EMAIL PROTECTED] writes: Is it users of programs or owners of copies of programs that should have freedom? As far as I can see the answer is clearly users. Currently those two groups are roughly the same, and the second group is *much* easier to draw a line around. So we use

Re: Barriers to an ASP loophole closure

2003-03-10 Thread Jeremy Hankins
[EMAIL PROTECTED] (Thomas Bushnell, BSG) writes: Jeremy Hankins [EMAIL PROTECTED] writes: What about my list of software that I am a user of? The software my dentist uses to track patient records? The software the University uses to track my grades? The software that Congress uses to track

Re: Barriers to an ASP loophole closure (was Re: OSD DFSG - different purposes - constructive suggestion!)

2003-03-10 Thread Nick Phillips
On Mon, Mar 10, 2003 at 12:25:02PM -0800, Thomas Bushnell, BSG wrote: [ more good argument snipped] Even if there were *no* legal limitations of any kind on the copying and modification of any software, there would *still* be no way to give that liberty to users, since (when user and

Re: Barriers to an ASP loophole closure

2003-03-10 Thread Brian T. Sniffen
Jeremy Hankins [EMAIL PROTECTED] writes: Anthony Towns aj@azure.humbug.org.au writes: This detailed wrangling is really missing the point that I'm interested in, though. Is there a _fundamental_ difficulty with such licenses? Is it users of programs or owners of copies of programs that

Re: Barriers to an ASP loophole closure

2003-03-10 Thread Glenn Maynard
On Mon, Mar 10, 2003 at 03:53:31PM -0500, Jeremy Hankins wrote: Free software preserves the possessor's legal liberty to change the software, something that only legal limitation was previously blocking him in. But forced publication at all: how does this increase the user's liberty to

Re: Barriers to an ASP loophole closure

2003-03-10 Thread Thomas Bushnell, BSG
Jeremy Hankins [EMAIL PROTECTED] writes: Free software preserves the possessor's legal liberty to change the software, something that only legal limitation was previously blocking him in. But forced publication at all: how does this increase the user's liberty to change the software?