Re: Choice of venue, was: GUADEC report

2004-07-24 Thread lex
Jim Marhaus [EMAIL PROTECTED] wrote: Lex Spoon wrote: Why do you think *real* lawyers seem to be okay with such clauses? Sometimes parties in a uniformly constructed contract agree to a particular venue, perhaps because both are qualified to practice law there. In a free software

Re: Web application licenses [was Re: Choice of venue, was: GUADEC report]

2004-07-24 Thread Josh Triplett
Glenn Maynard wrote: On Thu, Jul 22, 2004 at 04:10:24PM -0700, Josh Triplett wrote: If you make the software or a work based on the software available for direct use by another party, without actually distributing the software to that party, you must either: a) Distribute the complete

Re: Web application licenses [was Re: Choice of venue, was: GUADEC report]

2004-07-24 Thread Glenn Maynard
On Sat, Jul 24, 2004 at 12:18:33PM -0700, Josh Triplett wrote: First of all, that sounds more like a matter of inconvenience, not a matter of non-freeness. After all, there are probably situations under which it would be a burden to distribute the source for a GPLed binary you are

Web application licenses [was Re: Choice of venue, was: GUADEC report]

2004-07-22 Thread Josh Triplett
Glenn Maynard wrote: On Mon, Jul 19, 2004 at 06:09:20PM -0400, Michael Poole wrote: The exception I mentioned would be for web application-type software. I am somewhat biased since the free software I write and maintain is in that category, but I think it is justifiable for a license to require

Re: Web application licenses [was Re: Choice of venue, was: GUADEC report]

2004-07-22 Thread Glenn Maynard
On Thu, Jul 22, 2004 at 04:10:24PM -0700, Josh Triplett wrote: If you make the software or a work based on the software available for direct use by another party, without actually distributing the software to that party, you must either: a) Distribute the complete corresponding

Re: defending freedom and evolving licenses (Re: Choice of venue, was: GUADEC report)

2004-07-21 Thread Matthew Garrett
Branden Robinson [EMAIL PROTECTED] wrote: The main thing I don't understand in the recent discussion is that, if we don't take personal offense at a licensor's bad license, why should we expect the licensor to take offense if we bounce it for failing the DFSG? Why do we act as if their time is

Re: arbitrary termination clauses (was: Choice of venue, was: GUADEC report)

2004-07-20 Thread Matthew Garrett
Branden Robinson [EMAIL PROTECTED] wrote: On a more fundamental basis, abitrary termination clauses are odious and offensive to freedom because we are not free if we are just waiting for the hammer to fall. One of things you give up when you decide to share your work with the FLOSS community is

Re: Choice of venue, was: GUADEC report

2004-07-20 Thread Steve McIntyre
Branden Robinson writes: On Wed, Jul 14, 2004 at 12:01:22PM +0100, Matthew Garrett wrote: I'm certainly not clear that the new SC gives any leeway to use tests that don't spring directly from the DFSG. Put that way, it doesn't give us any leeway to use tests at all. In any event, I laid out

Re: Choice of venue, was: GUADEC report

2004-07-19 Thread Branden Robinson
On Thu, Jul 15, 2004 at 11:04:40AM +0100, Matthew Garrett wrote: What field of endeavour does a clause along the lines of The copyright holder may terminate this license at any time discriminate against? How does this field of endeavour fall under DFSG 6 without it being read in an

arbitrary termination clauses (was: Choice of venue, was: GUADEC report)

2004-07-19 Thread Branden Robinson
On Thu, Jul 15, 2004 at 11:04:40AM +0100, Matthew Garrett wrote: Brian Thomas Sniffen [EMAIL PROTECTED] wrote: Matthew Garrett [EMAIL PROTECTED] writes: At which point it becomes non-free. Or is it your belief that it should never be possible to turn a free license into a non-free one? The

Re: Choice of venue, was: GUADEC report

2004-07-19 Thread Michael Poole
Branden Robinson writes: The DFSG does not have a clause which mandates a license must not restrict the usage of a work by all recipients. Does it need one[1]? As a non-DD, I would say it should have one, with perhaps one exception as described below. That kind of restriction is probably not

Re: Choice of venue, was: GUADEC report

2004-07-19 Thread Glenn Maynard
On Mon, Jul 19, 2004 at 06:09:20PM -0400, Michael Poole wrote: So why should have one rather than needs one? Many people are fond of emphasizing the Guidelines part of DFSG, and I hope that everyone would agree that a restriction on use is non-free. Yet there are always some who disagree, so

defending freedom and evolving licenses (Re: Choice of venue, was: GUADEC report)

2004-07-19 Thread Branden Robinson
On Wed, Jul 14, 2004 at 11:51:37AM +0100, Matthew Garrett wrote: Branden Robinson [EMAIL PROTECTED] wrote: On Tue, Jul 13, 2004 at 04:58:50PM +0100, Matthew Garrett wrote: We shouldn't be worried about freedom from a philosophical masturbation perspective. I think there should be a

Re: Choice of venue, was: GUADEC report

2004-07-19 Thread Branden Robinson
On Wed, Jul 14, 2004 at 12:01:22PM +0100, Matthew Garrett wrote: Branden Robinson [EMAIL PROTECTED] wrote: Where does the Social Contract bind us to using no tool other than the DFSG to determine whether a work we distribute as part of our system is free? Interestingly, the new version of

Re: Choice of venue, was: GUADEC report

2004-07-19 Thread Branden Robinson
On Wed, Jul 14, 2004 at 01:31:44PM +0200, Florian Weimer wrote: * Branden Robinson: Where does the Social Contract bind us to using no tool other than the DFSG to determine whether a work we distribute as part of our system is free? We are obligated to our users not to remove (maybe even

Re: Choice of venue, was: GUADEC report

2004-07-19 Thread Branden Robinson
On Wed, Jul 14, 2004 at 01:22:03PM -0500, Steve Langasek wrote: We are obligated to serve the interests of our users and free software. This is *no* obligation to accept all free software into the archive. That premise appears to be firmly rejected by a segment of Debian developers. We are, it

Re: Choice of venue, was: GUADEC report

2004-07-19 Thread Branden Robinson
On Wed, Jul 14, 2004 at 01:01:05PM +0100, Andrew Suffield wrote: Mailing lists are like a debate. Not like a newspaper. Well, *this* list is like a debate, as are discussion lists generally. Announcement lists are more like newspapers. -- G. Branden Robinson| What

Re: Choice of venue, was: GUADEC report

2004-07-19 Thread Branden Robinson
On Tue, Jul 13, 2004 at 04:37:47PM -0400, [EMAIL PROTECTED] wrote: WE ARE NOT LAWYERS [...] I suggest that in the vast majority of cases it is clear when a license is free in a practical sense. MPL has obscure clauses that bother some debian-legal extremists, but in practice, MPL meets

Re: Choice of venue, was: GUADEC report

2004-07-19 Thread Branden Robinson
On Tue, Jul 13, 2004 at 04:39:13PM -0400, [EMAIL PROTECTED] wrote: I have argued that it may well be *good* for a license to specify choice of venue. It is a nice thing to know which laws apply to the agreement, Indeed, much that it may well be good for a woman to be able to nurse her child at

Re: Choice of venue, was: GUADEC report

2004-07-19 Thread Branden Robinson
On Fri, Jul 16, 2004 at 08:37:13PM +, Jim Marhaus wrote: Lex Spoon wrote: Why do you think *real* lawyers seem to be okay with such clauses? Sometimes parties in a uniformly constructed contract agree to a particular venue, perhaps because both are qualified to practice law there. In

Re: Choice of venue, was: GUADEC report

2004-07-17 Thread Sam Hartman
Nathanael == Nathanael Nerode [EMAIL PROTECTED] writes: Nathanael Matthew Garrett wrote: I'd rather go with a similar policy to where we stand with patents. If a license termination clause isn't being actively enforced, and there's no good reason to suspect that it will be

Re: Choice of venue, was: GUADEC report

2004-07-17 Thread Nathanael Nerode
Sam Hartman wrote: Nathanael == Nathanael Nerode [EMAIL PROTECTED] writes: Nathanael Matthew Garrett wrote: I'd rather go with a similar policy to where we stand with patents. If a license termination clause isn't being actively enforced, and there's no good reason to

Re: Choice of venue, was: GUADEC report

2004-07-16 Thread Brian Thomas Sniffen
[EMAIL PROTECTED] writes: Nathanael Nerode [EMAIL PROTECTED] wrote: posted mailed Please don't do that; I'm on the list. [EMAIL PROTECTED] wrote: I have argued that it may well be *good* for a license to specify choice of venue. It is a nice thing to know which laws apply to the

Re: Choice of venue, was: GUADEC report

2004-07-16 Thread Jim Marhaus
Lex Spoon wrote: Why do you think *real* lawyers seem to be okay with such clauses? Sometimes parties in a uniformly constructed contract agree to a particular venue, perhaps because both are qualified to practice law there. In a free software license or commercial EULA however, the licensee

Re: Choice of venue, was: GUADEC report

2004-07-15 Thread Nathanael Nerode
Raul Miller wrote: On 2004-07-14 18:36:52 +0100 Raul Miller [EMAIL PROTECTED] wrote: I wonder what happens when two copyrighted works are in question, where the parties involved each claim that their work has copyright and the other does not, and both have choice of law and/or choice of

Re: Choice of venue, was: GUADEC report

2004-07-15 Thread Nathanael Nerode
Matthew Garrett wrote: ...again the practical outcome to our users is the same - they suddenly discover that they have no right to distribute the software they have. Why do we wish to ensure that they have a freedom that can be revoked at any time anyway? What practical benefit does this

Re: Choice of venue, was: GUADEC report

2004-07-15 Thread Nathanael Nerode
Florian Weimer wrote: snip We can't do anything about that reliably, even if there isn't a choice of venue clause. The licensor might just look for a court that views itself responsible, with suitable rules. The licensee can reply by mail that the venue is inappropriate. Now, some courts do

Re: Choice of venue, was: GUADEC report

2004-07-15 Thread Nathanael Nerode
Edmund GRIMLEY EVANS wrote: MJ Ray [EMAIL PROTECTED]: 1. someone can explain why choice of venue can be DFSG-free; How is it not, exactly? It does not limit, in any way, your rights to use, modify or distribute the software. As I understand it, it limits all those rights by allowing the

Re: Choice of venue, was: GUADEC report

2004-07-15 Thread Nathanael Nerode
Matthew Garrett wrote: I'd rather go with a similar policy to where we stand with patents. If a license termination clause isn't being actively enforced, and there's no good reason to suspect that it will be in future, we should accept it as free. I would assume that if a licensor put such a

Re: Choice of venue, was: GUADEC report

2004-07-15 Thread Matthew Garrett
Nathanael Nerode [EMAIL PROTECTED] wrote: Matthew Garrett wrote: ...again the practical outcome to our users is the same - they suddenly discover that they have no right to distribute the software they have. Why do we wish to ensure that they have a freedom that can be revoked at any time

Re: Choice of venue, was: GUADEC report

2004-07-15 Thread Edmund GRIMLEY EVANS
Nathanael Nerode [EMAIL PROTECTED]: Either the choice of venue clause is invalid and ignored, or it's an imposition on whoever has the most trouble travelling! I think there are many more possible cases than that. For example, since there is no signed and witnessed document, the relevance of

Re: Choice of venue, was: GUADEC report

2004-07-15 Thread Brian Thomas Sniffen
Matthew Garrett [EMAIL PROTECTED] writes: Brian Thomas Sniffen [EMAIL PROTECTED] wrote: Matthew Garrett [EMAIL PROTECTED] writes: At which point it becomes non-free. Or is it your belief that it should never be possible to turn a free license into a non-free one? The GPL contains a clause

Re: Choice of venue, was: GUADEC report

2004-07-15 Thread lex
Nathanael Nerode [EMAIL PROTECTED] wrote: posted mailed Please don't do that; I'm on the list. [EMAIL PROTECTED] wrote: I have argued that it may well be *good* for a license to specify choice of venue. It is a nice thing to know which laws apply to the agreement, and that's what a

Re: Choice of venue, was: GUADEC report

2004-07-14 Thread Branden Robinson
On Mon, Jul 12, 2004 at 06:28:32PM +0100, Matthew Garrett wrote: What is the practical outcome of this distinction? In both cases, a user may discover that they no longer have the right to distribute the software. Why do we consider one of these cases problematic and the other acceptable? The

Re: Choice of venue, was: GUADEC report

2004-07-14 Thread Branden Robinson
On Tue, Jul 13, 2004 at 04:58:50PM +0100, Matthew Garrett wrote: We shouldn't be worried about freedom from a philosophical masturbation perspective. I think there should be a corollary to Godwin's Law that says: Whosoever compares one's opposition in a discussion to indulging in masturbation

Re: Choice of venue, was: GUADEC report

2004-07-14 Thread Branden Robinson
On Tue, Jul 13, 2004 at 12:23:35PM +0100, Matthew Garrett wrote: MJ Ray wrote: On 2004-07-13 11:14:45 +0100 Matthew Garrett [EMAIL PROTECTED] wrote: Enforcement (or lack thereof) of a patent is arbitrary, yes. Needing a DFSG-free patent licence is not news to me. If we have a patented

Re: Choice of venue, was: GUADEC report

2004-07-14 Thread Branden Robinson
On Mon, Jul 12, 2004 at 07:52:11PM +0200, Florian Weimer wrote: Sorry for the complications. There is an attempt to change the DFSG through various Tests. Some of them make sense, some of them are just arbitrarily designed to exclude specific licenses (or even specific software!). The

Re: Choice of venue, was: GUADEC report

2004-07-14 Thread Branden Robinson
On Mon, Jul 12, 2004 at 04:51:00PM +0100, Steve McIntyre wrote: On Mon, Jul 12, 2004 at 04:15:47PM +0100, MJ Ray wrote: On 2004-07-12 15:46:16 +0100 Steve McIntyre [EMAIL PROTECTED] wrote: There's far too much navel-gazing going on here... I don't think that observation helps. There does

Re: Choice of venue, was: GUADEC report

2004-07-14 Thread Matthew Garrett
Branden Robinson [EMAIL PROTECTED] wrote: On Mon, Jul 12, 2004 at 06:28:32PM +0100, Matthew Garrett wrote: What is the practical outcome of this distinction? In both cases, a user may discover that they no longer have the right to distribute the software. Why do we consider one of these cases

Re: Choice of venue, was: GUADEC report

2004-07-14 Thread Matthew Palmer
On Wed, Jul 14, 2004 at 05:05:48AM -0500, Branden Robinson wrote: On Tue, Jul 13, 2004 at 12:23:35PM +0100, Matthew Garrett wrote: MJ Ray wrote: On 2004-07-13 11:14:45 +0100 Matthew Garrett [EMAIL PROTECTED] wrote: Enforcement (or lack thereof) of a patent is arbitrary, yes.

Re: Choice of venue, was: GUADEC report

2004-07-14 Thread Matthew Garrett
Branden Robinson [EMAIL PROTECTED] wrote: On Tue, Jul 13, 2004 at 04:58:50PM +0100, Matthew Garrett wrote: We shouldn't be worried about freedom from a philosophical masturbation perspective. I think there should be a corollary to Godwin's Law that says: Whosoever compares one's opposition in

Re: Choice of venue, was: GUADEC report

2004-07-14 Thread Matthew Garrett
Branden Robinson [EMAIL PROTECTED] wrote: On Tue, Jul 13, 2004 at 12:23:35PM +0100, Matthew Garrett wrote: Any situation which inhibits your ability to carry out any of the GPL's requirements results in you no longer being able to distribute the code. I still don't see how this is any less of a

Re: Choice of venue, was: GUADEC report

2004-07-14 Thread Matthew Garrett
Branden Robinson [EMAIL PROTECTED] wrote: Where does the Social Contract bind us to using no tool other than the DFSG to determine whether a work we distribute as part of our system is free? Interestingly, the new version of the Social Contract[1] seems to give us less latitude than the original

Re: Choice of venue, was: GUADEC report

2004-07-14 Thread Florian Weimer
* Branden Robinson: Where does the Social Contract bind us to using no tool other than the DFSG to determine whether a work we distribute as part of our system is free? We are obligated to our users not to remove (maybe even reject) software without reason. I doubt that the test du jour can

Re: Choice of venue, was: GUADEC report

2004-07-14 Thread Florian Weimer
* Branden Robinson: Under GNU GPL 7, you can reasonably predict what actions of yours will cause your license to terminate. What makes you think that the GPL is not a revocable license, in practice?

Re: Choice of venue, was: GUADEC report

2004-07-14 Thread Matthew Palmer
On Wed, Jul 14, 2004 at 11:54:03AM +0100, Matthew Garrett wrote: Branden Robinson [EMAIL PROTECTED] wrote: Termination due to non-compliance is one thing. Termination due to the copyright holder's, e.g., bad case of gas, is quite another. Which of these are patent infringement allegations

Re: Choice of venue, was: GUADEC report

2004-07-14 Thread Andrew Suffield
On Tue, Jul 13, 2004 at 04:47:04PM -0400, Joey Hess wrote: Joey Hess wrote: Cobblers. Any reasonable person can see I was only asked for the argument in one direction and I didn't yet know the contrary arguments well enough to summarise them. You should have seen that, as it was in

Re: Choice of venue, was: GUADEC report

2004-07-14 Thread Matthew Garrett
Matthew Palmer [EMAIL PROTECTED] wrote: On Wed, Jul 14, 2004 at 11:54:03AM +0100, Matthew Garrett wrote: Branden Robinson [EMAIL PROTECTED] wrote: Termination due to non-compliance is one thing. Termination due to the copyright holder's, e.g., bad case of gas, is quite another. Which of

Re: Choice of venue, was: GUADEC report

2004-07-14 Thread Josh Triplett
Florian Weimer wrote: * Branden Robinson: Under GNU GPL 7, you can reasonably predict what actions of yours will cause your license to terminate. What makes you think that the GPL is not a revocable license, in practice? Because it only terminates if you refust to comply with it, or if you

Re: Choice of venue, was: GUADEC report

2004-07-14 Thread Brian Thomas Sniffen
Matthew Garrett [EMAIL PROTECTED] writes: Brian Thomas Sniffen [EMAIL PROTECTED] wrote: Matthew Garrett [EMAIL PROTECTED] writes: Sigh. Yes. But the difference between the two makes no practical difference whatsoever to our users at present, so what's the point? It makes a huge difference.

Re: Choice of venue, was: GUADEC report

2004-07-14 Thread Nathanael Nerode
posted mailed [EMAIL PROTECTED] wrote: Edmund GRIMLEY EVANS [EMAIL PROTECTED] wrote: If you can show that a particular choice of venue clause has a particular problem because of a particular combination of laws or legal procedures, then that might be an argument for it not being DFSG-free.

Re: Choice of venue, was: GUADEC report

2004-07-14 Thread Raul Miller
On Wed, Jul 14, 2004 at 01:25:55PM -0400, Nathanael Nerode wrote: A choice of *law* clause tells you which laws apply to the document. A choice of *law* clause looks like this: This license will be governed by the laws of the state of California. A choice of venue clause does something

Re: Choice of venue, was: GUADEC report

2004-07-14 Thread Matthew Garrett
On Wed, Jul 14, 2004 at 11:59:53AM -0400, Brian Thomas Sniffen wrote: Matthew Garrett [EMAIL PROTECTED] writes: Shipping non-modifiable sofware would clearly be in breach of the DFSG and would be an obvious reduction in the amount of functionality we provide. There's a practical difference.

Re: Choice of venue, was: GUADEC report

2004-07-14 Thread MJ Ray
On 2004-07-14 18:36:52 +0100 Raul Miller [EMAIL PROTECTED] wrote: I wonder what happens when two copyrighted works are in question, where the parties involved each claim that their work has copyright and the other does not, and both have choice of law and/or choice of venue clauses. I'm not

Re: Choice of venue, was: GUADEC report

2004-07-14 Thread Steve Langasek
On Wed, Jul 14, 2004 at 01:31:44PM +0200, Florian Weimer wrote: * Branden Robinson: Where does the Social Contract bind us to using no tool other than the DFSG to determine whether a work we distribute as part of our system is free? We are obligated to our users not to remove (maybe even

Re: Choice of venue, was: GUADEC report

2004-07-14 Thread Brian Thomas Sniffen
Matthew Garrett [EMAIL PROTECTED] writes: On Wed, Jul 14, 2004 at 11:59:53AM -0400, Brian Thomas Sniffen wrote: Matthew Garrett [EMAIL PROTECTED] writes: Shipping non-modifiable sofware would clearly be in breach of the DFSG and would be an obvious reduction in the amount of functionality

Re: Choice of venue, was: GUADEC report

2004-07-14 Thread Matthew Palmer
On Wed, Jul 14, 2004 at 05:17:47PM +0100, Matthew Garrett wrote: What field of endeavour does a clause along the lines of The copyright holder may terminate this license at any time discriminate against? How Any and all fields of endeavour, depending on the licensor's mood. It can even change

Re: Choice of venue, was: GUADEC report

2004-07-14 Thread Josh Triplett
Steve Langasek wrote: If the mplayer upstream developers are controlled by evil alien cephalopods is a procedurally valid reason to keep a package out of Debian, than so is the Chinese dissident test. I strongly hope that that is not the only reason MPlayer has not been accepted into Debian

Re: Choice of venue, was: GUADEC report

2004-07-14 Thread Raul Miller
On 2004-07-14 18:36:52 +0100 Raul Miller [EMAIL PROTECTED] wrote: I wonder what happens when two copyrighted works are in question, where the parties involved each claim that their work has copyright and the other does not, and both have choice of law and/or choice of venue clauses. On

Re: Choice of venue, was: GUADEC report

2004-07-13 Thread Josh Triplett
Matthew Garrett wrote: Michael Poole wrote: The important difference is who restricts distribution of the purportedly free software: Its author or some third party who claims to control the software. DFSG implies that the license should not allow the author to terminate the license

Re: Choice of venue, was: GUADEC report

2004-07-13 Thread MJ Ray
On 2004-07-12 17:29:17 +0100 Matthew Garrett [EMAIL PROTECTED] wrote: MJ Ray wrote: http://perens.com/Articles/Termination.html Surely GPL 7 causes the same problem (admittedly under a different set of circumstances)? Is that arbitrary? It's also a practical difficulty, as we hope to be

Re: Choice of venue, was: GUADEC report

2004-07-13 Thread MJ Ray
On 2004-07-12 18:52:11 +0100 Florian Weimer [EMAIL PROTECTED] wrote: * MJ Ray: Can you explain why? Maybe it didn't seem important when the DFSG were written? [...] I doubt arbitrary termination clauses are a new problem, even since then. Sorry for the complications. There is an

Re: Choice of venue, was: GUADEC report

2004-07-13 Thread Matthew Garrett
Josh Triplet wrote: Matthew Garrett wrote: What is the practical outcome of this distinction? In both cases, a user may discover that they no longer have the right to distribute the software. Why do we consider one of these cases problematic and the other acceptable? The user is equally

Re: Choice of venue, was: GUADEC report

2004-07-13 Thread Matthew Garrett
MJ Ray wrote: On 2004-07-12 17:29:17 +0100 Matthew Garrett [EMAIL PROTECTED] wrote: MJ Ray wrote: http://perens.com/Articles/Termination.html Surely GPL 7 causes the same problem (admittedly under a different set of circumstances)? Is that arbitrary? Enforcement (or lack thereof) of a

Re: Choice of venue, was: GUADEC report

2004-07-13 Thread MJ Ray
On 2004-07-13 11:14:45 +0100 Matthew Garrett [EMAIL PROTECTED] wrote: MJ Ray wrote: Matthew Garrett wrote: MJ Ray wrote: http://perens.com/Articles/Termination.html Surely GPL 7 causes the same problem (admittedly under a different set of circumstances)? Is that arbitrary? Enforcement

Re: Choice of venue, was: GUADEC report

2004-07-13 Thread Raul Miller
On Tue, Jul 13, 2004 at 11:13:21AM +0100, Matthew Garrett wrote: ...again the practical outcome to our users is the same - they suddenly discover that they have no right to distribute the software they have. Why do we wish to ensure that they have a freedom that can be revoked at any time

Re: Choice of venue, was: GUADEC report

2004-07-13 Thread Matthew Garrett
Raul Miller wrote: On Tue, Jul 13, 2004 at 11:13:21AM +0100, Matthew Garrett wrote: ...again the practical outcome to our users is the same - they suddenly discover that they have no right to distribute the software they have. Why do we wish to ensure that they have a freedom that can be

Re: Choice of venue, was: GUADEC report

2004-07-13 Thread Matthew Garrett
MJ Ray wrote: On 2004-07-13 11:14:45 +0100 Matthew Garrett [EMAIL PROTECTED] wrote: Enforcement (or lack thereof) of a patent is arbitrary, yes. Needing a DFSG-free patent licence is not news to me. If we have a patented software, then it's non-free without such a licence. Are there other

Re: Choice of venue, was: GUADEC report

2004-07-13 Thread Josh Triplett
Matthew Garrett wrote: Josh Triplet wrote: Matthew Garrett wrote: What is the practical outcome of this distinction? In both cases, a user may discover that they no longer have the right to distribute the software. Why do we consider one of these cases problematic and the other acceptable? The

Re: Choice of venue, was: GUADEC report

2004-07-13 Thread Josh Triplett
Matthew Garrett wrote: MJ Ray wrote: On 2004-07-13 11:14:45 +0100 Matthew Garrett [EMAIL PROTECTED] wrote: Enforcement (or lack thereof) of a patent is arbitrary, yes. Needing a DFSG-free patent licence is not news to me. If we have a patented software, then it's non-free without such a

Re: Choice of venue, was: GUADEC report

2004-07-13 Thread Matthew Garrett
Josh Triplett wrote: We do not wish for our user's freedoms to be revokable, and we do not accept licenses that allow anyone to do so. However, *no matter what the Free Software license says*, a third-party patent holder can always sweep in and use their patents to prevent distribution. This is

Re: Choice of venue, was: GUADEC report

2004-07-13 Thread Matthew Garrett
Josh Triplett [EMAIL PROTECTED] wrote: Matthew Garrett wrote: Any situation which inhibits your ability to carry out any of the GPL's requirements results in you no longer being able to distribute the code. I still don't see how this is any less of a practical problem for users than the

Re: Choice of venue, was: GUADEC report

2004-07-13 Thread Brian Thomas Sniffen
Matthew Garrett [EMAIL PROTECTED] writes: I'd rather go with a similar policy to where we stand with patents. If a license termination clause isn't being actively enforced, and there's no good reason to suspect that it will be in future, we should accept it as free. The patent non-policy

Re: Choice of venue, was: GUADEC report

2004-07-13 Thread Matthew Garrett
On Tue, 2004-07-13 at 18:49, Brian Thomas Sniffen wrote: The patent non-policy should not be used as a precedent. It's there until the software patent issue goes away in one direction or another -- the current situation is not tenable for the years to come. It's not something anybody should

Re: Choice of venue, was: GUADEC report

2004-07-13 Thread Brian Thomas Sniffen
Matthew Garrett [EMAIL PROTECTED] writes: On Tue, 2004-07-13 at 18:49, Brian Thomas Sniffen wrote: The patent non-policy should not be used as a precedent. It's there until the software patent issue goes away in one direction or another -- the current situation is not tenable for the years

Re: Choice of venue, was: GUADEC report

2004-07-13 Thread Glenn Maynard
On Tue, Jul 13, 2004 at 12:23:35PM +0100, Matthew Garrett wrote: Needing a DFSG-free patent licence is not news to me. If we have a patented software, then it's non-free without such a licence. Are there other circumstances where GPL 7 offers arbitrary termination? Any situation which

Re: Choice of venue, was: GUADEC report

2004-07-13 Thread Joey Hess
MJ Ray wrote: On 2004-07-12 20:33:22 +0100 Joey Hess [EMAIL PROTECTED] wrote: From the perspective of someone coming in late and reading the thread, you are a proponent of choice of venue clauses not being DFSG free. Cobblers. Any reasonable person can see I was only asked for the

Re: Choice of venue, was: GUADEC report

2004-07-13 Thread Joey Hess
Joey Hess wrote: Cobblers. Any reasonable person can see I was only asked for the argument in one direction and I didn't yet know the contrary arguments well enough to summarise them. You should have seen that, as it was in the message you replied to! I consider myself a reasonable

Re: Choice of venue, was: GUADEC report

2004-07-13 Thread MJ Ray
On 2004-07-13 20:59:07 +0100 Joey Hess [EMAIL PROTECTED] wrote: Please don't send me provate correspondance about public matters then, There seemed little reason to point out your stupidity in public, but you think otherwise. Fine. It's still not good to repost private to public. --

Re: Choice of venue, was: GUADEC report

2004-07-13 Thread Matthew Garrett
Brian Thomas Sniffen [EMAIL PROTECTED] wrote: Matthew Garrett [EMAIL PROTECTED] writes: Sigh. Yes. But the difference between the two makes no practical difference whatsoever to our users at present, so what's the point? It makes a huge difference. They can get access to much more software if

Re: Choice of venue, was: GUADEC report

2004-07-13 Thread Matthew Garrett
Glenn Maynard [EMAIL PROTECTED] wrote: On Tue, Jul 13, 2004 at 12:23:35PM +0100, Matthew Garrett wrote: Any situation which inhibits your ability to carry out any of the GPL's requirements results in you no longer being able to distribute the code. I still don't see how this is any less of a

Re: Choice of venue, was: GUADEC report

2004-07-13 Thread Glenn Maynard
On Tue, Jul 13, 2004 at 09:17:51PM +0100, Matthew Garrett wrote: Glenn Maynard [EMAIL PROTECTED] wrote: On Tue, Jul 13, 2004 at 12:23:35PM +0100, Matthew Garrett wrote: Any situation which inhibits your ability to carry out any of the GPL's requirements results in you no longer being able to

Re: Choice of venue, was: GUADEC report

2004-07-13 Thread lex
Edmund GRIMLEY EVANS [EMAIL PROTECTED] wrote: If you can show that a particular choice of venue clause has a particular problem because of a particular combination of laws or legal procedures, then that might be an argument for it not being DFSG-free. Otherwise, isn't it sufficient to just

Re: Choice of venue, was: GUADEC report

2004-07-13 Thread lex
Matthew Garrett [EMAIL PROTECTED] wrote: We shouldn't be worried about freedom from a philosophical masturbation perspective. We should be worried about freedom because it has real, practical effects on what people can do with the software we ship. Theoretical limitations that have no real

Choice of venue, was: GUADEC report

2004-07-12 Thread MJ Ray
On 2004-07-12 15:46:16 +0100 Steve McIntyre [EMAIL PROTECTED] wrote: 1. someone can explain why choice of venue can be DFSG-free; How is it not, exactly? It does not limit, in any way, your rights to use, modify or distribute the software. As I understand it, it limits all those rights by

Re: Choice of venue, was: GUADEC report

2004-07-12 Thread Florian Weimer
* MJ Ray: As I understand it, it limits all those rights by allowing the licensor to require out-of-pocket expenditure by any licensee on legal representation in the given venue, instead of possibly representing yourself in the court local to your offence as seems to happen otherwise. This

Re: Choice of venue, was: GUADEC report

2004-07-12 Thread Steve McIntyre
On Mon, Jul 12, 2004 at 04:15:47PM +0100, MJ Ray wrote: On 2004-07-12 15:46:16 +0100 Steve McIntyre [EMAIL PROTECTED] wrote: 1. someone can explain why choice of venue can be DFSG-free; How is it not, exactly? It does not limit, in any way, your rights to use, modify or distribute the software.

Re: Choice of venue, was: GUADEC report

2004-07-12 Thread MJ Ray
On 2004-07-12 16:33:35 +0100 Florian Weimer [EMAIL PROTECTED] wrote: [...] In fact, the DFSG do not deal with _any_ conflicts that may arise, or with license termination. Are you sure? Really sure? Can you explain why? DFSG require that software be freely redistributable, which certainly

Re: Choice of venue, was: GUADEC report

2004-07-12 Thread Edmund GRIMLEY EVANS
MJ Ray [EMAIL PROTECTED]: 1. someone can explain why choice of venue can be DFSG-free; How is it not, exactly? It does not limit, in any way, your rights to use, modify or distribute the software. As I understand it, it limits all those rights by allowing the licensor to require

Re: Choice of venue, was: GUADEC report

2004-07-12 Thread Matthew Garrett
MJ Ray wrote: DFSG require that software be freely redistributable, which certainly isn't the case if the license has been terminated arbitrarily. -- Bruce Perens, Is Your Software In Danger of Termination? at http://perens.com/Articles/Termination.html Surely GPL 7 causes the same problem

Re: Choice of venue, was: GUADEC report

2004-07-12 Thread Andreas Barth
* Steve McIntyre ([EMAIL PROTECTED]) [040712 18:10]: There does seem to be a lot of effort being put into inventing extremely contrived arguments in -legal these days to make various licenses look non-free. At the current rate, it won't be long before someone invents a reason to declare the

Re: Choice of venue, was: GUADEC report

2004-07-12 Thread Michael Poole
Matthew Garrett writes: MJ Ray wrote: DFSG require that software be freely redistributable, which certainly isn't the case if the license has been terminated arbitrarily. -- Bruce Perens, Is Your Software In Danger of Termination? at http://perens.com/Articles/Termination.html Surely GPL 7

Re: Choice of venue, was: GUADEC report

2004-07-12 Thread MJ Ray
On 2004-07-12 17:11:43 +0100 Edmund GRIMLEY EVANS [EMAIL PROTECTED] wrote: [...] Otherwise, isn't it sufficient to just mention is as a possible risk when the licence is being discussed and leave it at that? I'm happy with that, in general. Is this acceptable for a licence already covering

Re: Choice of venue, was: GUADEC report

2004-07-12 Thread Florian Weimer
* Andreas Barth: Also, the distinction between free and non-free is broken by this. If even acceptable restrictions are considered non-free, than DFSG-free is no longer an helpful guide for our users and also not for ourself. Yes, this is a very valid point. If more and more packages are

Re: Choice of venue, was: GUADEC report

2004-07-12 Thread Florian Weimer
* Edmund GRIMLEY EVANS: If you can show that a particular choice of venue clause has a particular problem because of a particular combination of laws or legal procedures, then that might be an argument for it not being DFSG-free. Otherwise, isn't it sufficient to just mention is as a

Re: Choice of venue, was: GUADEC report

2004-07-12 Thread Matthew Garrett
Michael Poole wrote: The important difference is who restricts distribution of the purportedly free software: Its author or some third party who claims to control the software. DFSG implies that the license should not allow the author to terminate the license unilaterally. On the other hand, I

Re: Choice of venue, was: GUADEC report

2004-07-12 Thread Florian Weimer
* MJ Ray: On 2004-07-12 16:33:35 +0100 Florian Weimer [EMAIL PROTECTED] wrote: [...] In fact, the DFSG do not deal with _any_ conflicts that may arise, or with license termination. Are you sure? Really sure? Yes, I checked it again. 8-) Can you explain why? Maybe it didn't seem

Re: Choice of venue, was: GUADEC report

2004-07-12 Thread Florian Weimer
* Michael Poole: DFSG implies that the license should not allow the author to terminate the license unilaterally. Which clause implies that? Maybe I'm missing something some obvious, but I can't find one.

Re: Choice of venue, was: GUADEC report

2004-07-12 Thread MJ Ray
On 2004-07-12 18:39:57 +0100 Florian Weimer [EMAIL PROTECTED] wrote: [...] non-free suddenly starts to include works released by the Free Software Foundation. That part seems inevitable in the current situation. FSF does not claim that FDL'd works are free software. That said, FDL is

Re: Choice of venue, was: GUADEC report

2004-07-12 Thread Joey Hess
MJ Ray wrote: As I understand it, it limits all those rights by allowing the licensor to require out-of-pocket expenditure by any licensee on legal representation in the given venue, instead of possibly representing yourself in the court local to your offence as seems to happen otherwise.

  1   2   >