Re: OSD DFSG - different purposes

2003-03-06 Thread Branden Robinson
On Thu, Mar 06, 2003 at 02:10:17PM -0600, Ean Schuessler wrote: On Wed, 2003-03-05 at 22:27, Thomas Bushnell, BSG wrote: Debian doesn't *have* a definition. Well, we call it a guideline but I'm not sure I see a difference. Ean, I expostulated one perspective in the following message:

Re: OSD DFSG - different purposes

2003-03-06 Thread Thomas Bushnell, BSG
Ean Schuessler [EMAIL PROTECTED] writes: Debian doesn't *have* a definition. Well, we call it a guideline but I'm not sure I see a difference. The difference is that a guideline, as we use the term, is an *internal* tool. We do not pretend that the guideline exhausts the meaning of free,

Re: OSD DFSG - different purposes

2003-03-05 Thread Thomas Bushnell, BSG
Russell Nelson [EMAIL PROTECTED] writes: Thomas Bushnell, BSG writes: Russell Nelson [EMAIL PROTECTED] writes: Ean, could you explain to Thomas why you think we should have one definition of Free Software? Excellent! I think there should be only one definition too. But I

Re: OSD DFSG - different purposes

2003-03-05 Thread Russell Nelson
Thomas Bushnell, BSG writes: Regardless, if you don't trust us, and we don't trust you, then we should go our separate ways, right? No, we should look for ways to increase our understanding of each other. You don't do that by going separate ways. Like it or not, we're stuck with each other.

Re: OSD DFSG - different purposes

2003-03-05 Thread Russell Nelson
Thomas Bushnell, BSG writes: Who cares what you say? On the face of it, you do. You've expended a substantial amount of effort over the past couple of days to influence what I say. I can only conclude that you care what I say. -- -russ nelson http://russnelson.com | A

Re: OSD DFSG - different purposes

2003-03-05 Thread Thomas Bushnell, BSG
Russell Nelson [EMAIL PROTECTED] writes: Thomas Bushnell, BSG writes: Regardless, if you don't trust us, and we don't trust you, then we should go our separate ways, right? No, we should look for ways to increase our understanding of each other. You don't do that by going separate

Re: OSD DFSG - different purposes

2003-03-05 Thread Thomas Bushnell, BSG
Russell Nelson [EMAIL PROTECTED] writes: Thomas Bushnell, BSG writes: Who cares what you say? On the face of it, you do. You've expended a substantial amount of effort over the past couple of days to influence what I say. I can only conclude that you care what I say. You misunderstand

Re: OSD DFSG - different purposes

2003-03-05 Thread Branden Robinson
On Tue, Mar 04, 2003 at 03:26:42PM -0500, Russell Nelson wrote: The DFSG #3 doesn't require that modified versions be distributable under the same conditions as non-modified versions. It says that you have to be able to redistribute under the same license. boggle Huh? A license is allowed

Re: OSD DFSG - different purposes

2003-03-05 Thread Ean Schuessler
Sorry, I'm still catching up. I found myself short an Internet connection at this year's Mardi Gras so I'm wading through a few hundred emails. I'm not prepared to respond to this at length in this message but I will summarize some thoughts. I'm in the process of preparing a full document

Re: OSD DFSG - different purposes

2003-03-05 Thread Steve Langasek
Ean, On Wed, Mar 05, 2003 at 08:12:57PM -0600, Ean Schuessler wrote: The underlying reason I see an advantage to the community encouraging a unified definition of Free Software is government legislation. It is fairly obvious to me that neither patents nor Free Software are going to go away

Re: OSD DFSG - different purposes

2003-03-05 Thread Thomas Bushnell, BSG
Ean Schuessler [EMAIL PROTECTED] writes: The underlying reason I see an advantage to the community encouraging a unified definition of Free Software is government legislation. It is fairly obvious to me that neither patents nor Free Software are going to go away anytime soon. As a result we

Re: OSD DFSG - different purposes

2003-03-04 Thread Thomas Bushnell, BSG
Russell Nelson [EMAIL PROTECTED] writes: Thomas Bushnell, BSG writes: No, it doesn't. The RPSL allows modifications. It allows derived works. It allows them to be distributed under the same terms as the license of the original software. Since it complies with all three of

Re: OSD DFSG - different purposes

2003-03-04 Thread Thomas Bushnell, BSG
Russell Nelson [EMAIL PROTECTED] writes: Thomas Bushnell, BSG writes: No, it doesn't. The RPSL allows modifications. It allows derived works. It allows them to be distributed under the same terms as the license of the original software. Since it complies with all three of

Re: OSD DFSG - different purposes

2003-03-04 Thread Russell Nelson
Thomas Bushnell, BSG writes: Russell Nelson [EMAIL PROTECTED] writes: Thomas Bushnell, BSG writes: No, it doesn't. The RPSL allows modifications. It allows derived works. It allows them to be distributed under the same terms as the license of the original software.

Re: OSD DFSG - different purposes

2003-03-04 Thread Russell Nelson
Thomas Bushnell, BSG writes: So there is an *extra* requirement for the distribution of a modified version: you must make the modifications publicly available. There is no such requirement on the original version. The DFSG #3 doesn't require that modified versions be distributable under

Re: OSD DFSG - different purposes

2003-03-04 Thread Thomas Bushnell, BSG
Russell Nelson [EMAIL PROTECTED] writes: Thomas, a license is a contract. When you accept the GPL, you are entering into a contract. There's an offer (distribute the software and comply with the GPL), an acceptance (the act of distribution), and consideration (the benefit of having one's

Re: OSD DFSG - different purposes

2003-03-04 Thread Thomas Bushnell, BSG
Russell Nelson [EMAIL PROTECTED] writes: Thomas Bushnell, BSG writes: So there is an *extra* requirement for the distribution of a modified version: you must make the modifications publicly available. There is no such requirement on the original version. The DFSG #3 doesn't require

Re: OSD DFSG - different purposes

2003-03-04 Thread Russell Nelson
Ean, could you explain to Thomas why you think we should have one definition of Free Software? Thomas Bushnell, BSG writes: More than anything else, I'm wanting to see if it's at all possible to work with you. What I'd really like to do is let debian-legal judge licenses, and have OSI

Re: OSD DFSG - different purposes

2003-03-04 Thread Jeremy Hankins
Russell Nelson [EMAIL PROTECTED] writes: More than anything else, I'm wanting to see if it's at all possible to work with you. What I'd really like to do is let debian-legal judge licenses, and have OSI rubber-stamp your decision. In order to do that, though, you'd need to modify the OSD so

Re: OSD DFSG - different purposes

2003-03-04 Thread Russell Nelson
Thomas Bushnell, BSG writes: You are ignoring the *substance* of DFSG and focusing on its literal wording. You have no argument why the literal meaning differs from the substance of #3. You can't, because it doesn't. Go read the rationale for #3. No. A license may treat different

Re: OSD DFSG - different purposes

2003-03-04 Thread Branden Robinson
On Tue, Mar 04, 2003 at 02:49:52PM -0500, Russell Nelson wrote: Thomas, a license is a contract. No, it is not (necessarily). People can contract with respect to all sorts of things, but the scope of copyright is explicitly limited under Title 17 of the United States Code, and likely in other

Re: OSD DFSG - different purposes

2003-03-04 Thread Thomas Bushnell, BSG
Russell Nelson [EMAIL PROTECTED] writes: Ean, could you explain to Thomas why you think we should have one definition of Free Software? Excellent! I think there should be only one definition too. But I don't think the OSD should get any votes in the process. Sorry, but you all have not

Re: OSD DFSG - different purposes

2003-03-04 Thread Thomas Bushnell, BSG
Russell Nelson [EMAIL PROTECTED] writes: Thomas Bushnell, BSG writes: You are ignoring the *substance* of DFSG and focusing on its literal wording. You have no argument why the literal meaning differs from the substance of #3. You can't, because it doesn't. Go read the rationale for

Re: OSD DFSG - different purposes

2003-03-04 Thread Thomas Bushnell, BSG
David Turner [EMAIL PROTECTED] writes: On Tue, 2003-03-04 at 13:50, Thomas Bushnell, BSG wrote: The modified software can be modified by the recipient only if he tellss the public at large. This is the same condition. So you are now saying that the license imposes a restriction on

Re: OSD DFSG - different purposes

2003-03-04 Thread Don Armstrong
On Tue, 04 Mar 2003, David Turner wrote: Let me point you to the plain language of 17 USC? I am quoting for you the relevant section of 106: (2) to prepare derivative works based upon the copyrighted work; Note that it does not say: (2) to dsitribute derivative works based upon the

Re: OSD DFSG - different purposes

2003-03-04 Thread Russell Nelson
Thomas Bushnell, BSG writes: Russell Nelson [EMAIL PROTECTED] writes: Ean, could you explain to Thomas why you think we should have one definition of Free Software? Excellent! I think there should be only one definition too. But I don't think the OSD should get any votes in the

Re: OSD DFSG - different purposes

2003-03-04 Thread Russell Nelson
Thomas Bushnell, BSG writes: Russell Nelson [EMAIL PROTECTED] writes: Thomas Bushnell, BSG writes: You are ignoring the *substance* of DFSG and focusing on its literal wording. You have no argument why the literal meaning differs from the substance of #3. You can't,

Re: OSD DFSG - different purposes

2003-03-04 Thread Don Armstrong
On Tue, 04 Mar 2003, Russell Nelson wrote: The DFSG #3 doesn't require that modified versions be distributable under the same conditions as non-modified versions. 3. The license must allow modifications and derived works, and must allow them to be

Re: OSD DFSG - different purposes

2003-03-02 Thread Thomas Bushnell, BSG
Russell Nelson [EMAIL PROTECTED] writes: Henning Makholm writes: This denies a user the right to make modifications and distribute the modified software (with source code) to his neighbour *without* also distributing it to the public at large. The consensus on debian-legal that

Re: OSD DFSG - different purposes

2003-03-02 Thread Russell Nelson
Thomas Bushnell, BSG writes: Russell Nelson [EMAIL PROTECTED] writes: Henning Makholm writes: This denies a user the right to make modifications and distribute the modified software (with source code) to his neighbour *without* also distributing it to the public at large.

Re: OSD DFSG - different purposes

2003-03-02 Thread Thomas Bushnell, BSG
Russell Nelson [EMAIL PROTECTED] writes: The problem with relying on human judgement is that it can be arbitrary. If Microsoft came to Debian and said Would you accept this software licensed under the Microsoft Public License? would you be able to make a judgement which is not only not

Re: OSD DFSG - different purposes

2003-03-02 Thread Thomas Bushnell, BSG
Russell Nelson [EMAIL PROTECTED] writes: Thomas Bushnell, BSG writes: Russell Nelson [EMAIL PROTECTED] writes: Henning Makholm writes: This denies a user the right to make modifications and distribute the modified software (with source code) to his neighbour *without* also

Re: OSD DFSG - different purposes

2003-03-02 Thread Branden Robinson
On Sun, Mar 02, 2003 at 11:52:56AM -0800, Thomas Bushnell, BSG wrote: Russell Nelson [EMAIL PROTECTED] writes: No, it doesn't. The RPSL allows modifications. It allows derived works. It allows them to be distributed under the same terms as the license of the original software. Since it

Re: OSD DFSG - different purposes

2003-03-02 Thread Russell Nelson
Thomas Bushnell, BSG writes: No, it doesn't. The RPSL allows modifications. It allows derived works. It allows them to be distributed under the same terms as the license of the original software. Since it complies with all three of these terms, it complies with the logical and of

Re: OSD DFSG - different purposes

2003-01-28 Thread Glenn Maynard
I guess you want CC's. If you won't add an MFT header, at least say you want them; Debian list policy is to not CC people on replies unless requested, and some of us do follow this policy. :) On Tue, Jan 28, 2003 at 12:29:37AM -0500, Russell Nelson wrote: The problem with relying on human

Re: OSD DFSG - different purposes

2003-01-28 Thread Russell Nelson
Glenn Maynard writes: I guess you want CC's. If you won't add an MFT header, at least say you want them; Debian list policy is to not CC people on replies unless requested, and some of us do follow this policy. :) Debian list policy is to not CC people on replies unless requested. I do

Re: OSD DFSG - different purposes

2003-01-28 Thread Glenn Maynard
On Tue, Jan 28, 2003 at 01:23:04AM -0500, Russell Nelson wrote: I guess you want CC's. If you won't add an MFT header, at least say you want them; Debian list policy is to not CC people on replies unless requested, and some of us do follow this policy. :) Debian list policy is to not

Re: OSD DFSG - different purposes

2003-01-28 Thread Adam Warner
Hi Russell Nelson, Glenn Maynard writes: http://lists.debian.org/debian-legal/2002/debian-legal-200207/msg00448.html Thanks. Why not change the DFSG? There have been several good reasons explained for leaving the DFSG as a set of human guidelines, rather than a word-strict

Re: OSD DFSG - different purposes

2003-01-28 Thread Henning Makholm
Scripsit Walter Landry [EMAIL PROTECTED] which I take to mean that one who accepts the license must effectively give Apple a royalty-free license to use each an every patent he controls. FYI, the IBM Common Public License [1], which has been approved for Debian, has a similar clause

Re: OSD DFSG - different purposes

2003-01-28 Thread Russell Nelson
No need to CC me, I'm on the list. Henning Makholm writes: I dimly recall that the test we applied in the IBM was: If the patent licence grant and its associated termination clause were deleted from the license, would it then be free? The answer was yes, and the license should not become

Re: OSD DFSG - different purposes

2003-01-28 Thread Sam Hartman
Russell == Russell Nelson [EMAIL PROTECTED] writes: Russell Why not change the DFSG? Currently we have some organizational issues that make it rather difficult for us to change the DFSG even if we want to. IT would probably be a minimum of six months or so before we can sort these out.

Re: OSD DFSG - different purposes

2003-01-28 Thread Russell Nelson
Sam Hartman writes: Russell == Russell Nelson [EMAIL PROTECTED] writes: Russell Why not change the DFSG? Currently we have some organizational issues that make it rather difficult for us to change the DFSG even if we want to. That's an explanation of why it's hard to change the

Re: OSD DFSG - different purposes

2003-01-28 Thread Mark Rafn
On Tue, 28 Jan 2003, Russell Nelson wrote: Sam Hartman writes: Russell == Russell Nelson [EMAIL PROTECTED] writes: Russell Why not change the DFSG? Currently we have some organizational issues that make it rather difficult for us to change the DFSG even if we want to.

Re: OSD DFSG - different purposes

2003-01-27 Thread Mark Rafn
It seems to be a question based on the false idea that the DFSG is intended to be taken literally and without interpretation, though. The DFSG is fairly useless without being augmented by human judgement. This is the defining difference, to me, between the two documents. OSD is a definition,

Re: OSD DFSG - different purposes

2003-01-27 Thread Russell Nelson
Mark Rafn writes: Are there specific divides among the community you seek to address? Mostly the fact that some people get grumpy when we change the OSD. They express the concern that our community not be split -- and that everything which is open source is free software and vice-versa. That's

Re: OSD DFSG - different purposes

2003-01-27 Thread Henning Makholm
Scripsit Russell Nelson [EMAIL PROTECTED] Mark Rafn writes: It might be advantageous to examine some software that is OSD-free but not Debian-free, or vice versa, Does anybody know of any such software? If I remember correctly, there used to be a case with the Apple Public Source

Re: OSD DFSG - different purposes

2003-01-27 Thread Russell Nelson
Henning Makholm writes: This denies a user the right to make modifications and distribute the modified software (with source code) to his neighbour *without* also distributing it to the public at large. The consensus on debian-legal that this right is a sine qua non for DFSG-freedom

Re: OSD DFSG - different purposes

2003-01-27 Thread Russell Nelson
Different topic, differently reply. Henning Makholm writes: which mentions stopping *use*. We object to the notion that one needs to to comply with specific terms simply to use the software (as opposed to modifying or distributing it). A warranty disclaimer applies to users of the

Re: OSD DFSG - different purposes

2003-01-27 Thread Brian M. Carlson
On Mon, Jan 27, 2003 at 01:26:39PM -0500, Russell Nelson wrote: Mark Rafn writes: It might be advantageous to examine some software that is OSD-free but not Debian-free, or vice versa, Does anybody know of any such software? Any software under this license[0] is non-free but is OSI

Re: OSD DFSG - different purposes

2003-01-27 Thread Russell Nelson
Brian M. Carlson writes: Any software under this license[0] is non-free but is OSI Certified Open Source Software. I don't particularly remember why; you can search the archives, but the consensus was that it was non-free. Hmmm... license-discuss vetted it against the OSD, but debian-legal

Re: OSD DFSG - different purposes

2003-01-27 Thread Walter Landry
Henning Makholm [EMAIL PROTECTED] wrote: | 12. Termination. | 12.1 Termination. This License and the rights granted hereunder will | terminate: ... | (c) automatically without notice from Apple if You, at any time | during the term of this License, commence an action for patent

Re: OSD DFSG - different purposes

2003-01-27 Thread Russell Nelson
Brian M. Carlson writes: On Mon, Jan 27, 2003 at 03:24:20PM -0500, Russell Nelson wrote: Henning Makholm writes: This denies a user the right to make modifications and distribute the modified software (with source code) to his neighbour *without* also distributing it to the

Re: OSD DFSG - different purposes

2003-01-27 Thread Brian M. Carlson
On Mon, Jan 27, 2003 at 03:24:20PM -0500, Russell Nelson wrote: Henning Makholm writes: This denies a user the right to make modifications and distribute the modified software (with source code) to his neighbour *without* also distributing it to the public at large. The consensus

Re: OSD DFSG - different purposes

2003-01-27 Thread Russell Nelson
It seems to be a question based on the false idea that the DFSG is intended to be taken literally and without interpretation, though. The DFSG is fairly useless without being augmented by human judgement. Obviously. The question is how much augmenting is necessary. For example, if you

Re: OSD DFSG - different purposes

2003-01-27 Thread Sam Hartman
Mark == Mark Rafn [EMAIL PROTECTED] writes: It seems to be a question based on the false idea that the DFSG is intended to be taken literally and without interpretation, though. The DFSG is fairly useless without being augmented by human judgement. Mark It could even be

Re: OSD DFSG - different purposes

2003-01-27 Thread Glenn Maynard
Are you reading the list? I'll CC you on this message (deviating, for the moment, from list policy of not CCing without request, and hiding from Branden); if you don't want CCs, let me know. (If you do, you should add a Mail-Followup-To header.) On Mon, Jan 27, 2003 at 04:58:01PM -0500, Russell

Re: OSD DFSG - different purposes

2003-01-27 Thread Russell Nelson
Glenn Maynard writes: http://lists.debian.org/debian-legal/2002/debian-legal-200207/msg00448.html Thanks. Why not change the DFSG? There have been several good reasons explained for leaving the DFSG as a set of human guidelines, rather than a word-strict block of legalese that

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