Re: licensing question for nom.tam.fits

2012-11-30 Thread Florian Rothmaier
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Hash: SHA1

Dear Francesco,

fortunately, the upstream author Thomas MyGlynn made a new release for
which he added a statement that the code is in the public domain.

In my debian package which can be found at
http://mentors.debian.net/package/fits
or
http://anonscm.debian.org/gitweb/?p=debian-science/packages/fits.git
I chose the GPL-3 for the debian/* files but a guy from the debian-science
mailing list suggested to put the Debian package under a less restrictive
license.

Thus my question is which license should be chosen in the case that
the sources are in the public domain?

Best regards,
Florian



Am 28.08.2012 19:19, schrieb Francesco Poli:
 On Tue, 28 Aug 2012 15:37:46 +0200 Florian Rothmaier wrote:
 
 Hi to everyone involved in debian-legal,
 
 Hello!
 

 I've got a licensing issue related to the astronomical Java library
 fits (nom.tam.fits) from Thomas McGlynn.

 The newest release can be obtained at:
 http://heasarc.gsfc.nasa.gov/docs/heasarc/fits/java/v1.0/v1.08.1/ .

 In the code, I find the following copyright statement:
 /* Copyright: Thomas McGlynn 1997-1999.
  * This code may be used for any purpose, non-commercial
  * or commercial so long as this copyright notice is retained
  * in the source code or included in or referred to in any
  * derived software.
  */
 When I wrote an e-mail to Thomas McGlynn, he replied:
 I believe the lines you quote are themselves the entirety of the
 license. There was no intent to associate this with any specific more
 general license.
 
 Unfortunately these license lines do not seem to be enough to make the
 library clearly Free Software.
 I think they are far too vague and implicit:
 
   - the term use is ambiguous at best; does it just cover running a
 program that links with library? or is it implicitly intended to
 also cover other activities such as copying, modification,
 redistribution of verbatim and modified copies?
 
   - there's no explicit permission to copy and redistribute
 
   - there is a reference to derived software, but no explicit
 permission to create and distribute such derived software
 
 I believe that such license lines make the library unsuitable for
 distribution in Debian (main) or even in the non-free archive.
 

 Now, I'm not sure how to proceed.
 [...]
 I'd appreciate your help!
 
 If you want this library to be included in Debian, I think you should
 contact its copyright holder again and persuade him to re-license the
 library in a clearly DFSG-free manner, preferably under the terms of a
 well known and widely used Free Software license.
 
 I would personally recommend the copyright holder to re-license the
 library under the terms of the Expat/MIT license [1], which is very
 simple and similar in spirit to the goals that were probably in the
 mind of the drafter of the above quoted license lines.
 
 [1] http://www.jclark.com/xml/copying.txt
 

 Thanks in advance
 
 You're welcome, I hope this helps.
 
 and please cc me in your replies since I'm not
 subscribed to debian-legal.
 
 Done.
 
 Bye and good luck with your persuasion effort!
 
 

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Re: licensing question for nom.tam.fits

2012-11-30 Thread Kuno Woudt

Hello,

On 11/30/2012 02:01 PM, Florian Rothmaier wrote:

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Dear Francesco,

fortunately, the upstream author Thomas MyGlynn made a new release for
which he added a statement that the code is in the public domain.

In my debian package which can be found at
http://mentors.debian.net/package/fits
or
http://anonscm.debian.org/gitweb/?p=debian-science/packages/fits.git
I chose the GPL-3 for the debian/* files but a guy from the debian-science
mailing list suggested to put the Debian package under a less restrictive
license.

Thus my question is which license should be chosen in the case that
the sources are in the public domain?


CC0 is the closest you can get to public domain, while still giving out 
a valid license for those jurisdictions where public domain doesn't work.


http://creativecommons.org/publicdomain/zero/1.0/

-- kuno / warp.


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Re: licensing question for nom.tam.fits

2012-11-30 Thread Francesco Poli
On Fri, 30 Nov 2012 15:19:01 +0100 Kuno Woudt wrote:

[...]
 On 11/30/2012 02:01 PM, Florian Rothmaier wrote:
[...]
 
  fortunately, the upstream author Thomas MyGlynn made a new release for
  which he added a statement that the code is in the public domain.

Hi Florian,
this seems to be really good news.
Thanks for informing us!

[...]
  Thus my question is which license should be chosen in the case that
  the sources are in the public domain?
 
 CC0 is the closest you can get to public domain, while still giving out 
 a valid license for those jurisdictions where public domain doesn't work.
 
 http://creativecommons.org/publicdomain/zero/1.0/

I agree with Kuno that CC0 is basically equivalent to public domain,
while being much more robust for all the jurisdictions where it is not
possible (or not clear how) to dedicate a work to the public domain.

Hence, if you want to be as permissive as the upstream author, you are
recommended to use the CC0 dedication.

If instead you want to keep your own copyright for the debian/* files,
but you want to be fairly permissive nonetheless, I recommend you to
license those files under the terms of the Expat/MIT license:
http://www.jclark.com/xml/copying.txt


I hope these suggestions may help.


P.S.: I would even recommend the upstream author (Thomas McGlynn) to
use the CC0 dedication, rather than his own homemade dedication
(which may be not legally sound enough to be actually valid in most
jurisdictions)...

P.P.S.: I am not sure what you should write in the Copyright field for
the upstream files, but (c) 1996-2012 by Thomas A. McGlynn does not
look right, as long as the upstream work is really in the public domain
(which, as you probably know, means that the work is *not* subject to
copyright!)...
The machine-readable debian/copyright file format specification v1.0
(http://www.debian.org/doc/packaging-manuals/copyright-format/1.0/)
is not too clear on this point, unfortunately...
Maybe you should ask on the debian-policy mailing list and suggest that
this topic should be clarified in the specification.


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Re: licensing question for nom.tam.fits

2012-11-30 Thread Charles Plessy
Le Fri, Nov 30, 2012 at 11:26:29PM +0100, Francesco Poli a écrit :
 
 P.P.S.: I am not sure what you should write in the Copyright field for
 the upstream files, but (c) 1996-2012 by Thomas A. McGlynn does not
 look right, as long as the upstream work is really in the public domain
 (which, as you probably know, means that the work is *not* subject to
 copyright!)...
 The machine-readable debian/copyright file format specification v1.0
 (http://www.debian.org/doc/packaging-manuals/copyright-format/1.0/)
 is not too clear on this point, unfortunately...
 Maybe you should ask on the debian-policy mailing list and suggest that
 this topic should be clarified in the specification.

Hi Francesco,

the 1.0 specification mentions for the Copyright field:

  If a work has no copyright holder (i.e., it is in the public domain), that
  information should be recorded here.

Inspecting Debian copyright files from
svn://anonscm.debian.org/collab-qa/packages-metadata/ I see that many chose
contents such as none, nobody, public-domain, not relevant, etc, which
I think are good enough, given that the content of the Copyright field is
free-form.

Have a nice week-end,

-- 
Charles Plessy
Tsurumi, Kanagawa, Japan


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