Re: DRAFT: debian-legal summary of the QPL

2004-07-16 Thread Bernhard R. Link
* Matthew Garrett [EMAIL PROTECTED] [040715 21:40]: Really? Wow. That's insane. As insane as it would to allow anyone to modify my hand-typed, elaborated pieces of software without even paying me. That's not freedom, that is stupidity. /sarcasm Mit freuntlichen Grüßen, Bernhard R. Link

Re: compatibility of OpenSSL and GPL'ed plugins

2004-07-16 Thread Jacobo Tarrio
O Venres, 16 de Xullo de 2004 ás 01:11:52 +0200, Marco d'Itri escribía: Let's consider a program, released under a MIT/X11 license and linked with OpenSSL. Some GPL'ed plugins (which are dlopen'ed at run time) are distributed with the program. Is distribution of this package a GPL violation?

Re: DRAFT: debian-legal summary of the QPL

2004-07-16 Thread Matthew Garrett
Glenn Maynard [EMAIL PROTECTED] wrote: On Thu, Jul 15, 2004 at 11:20:14AM +0100, Matthew Garrett wrote: So why are they free? Because DFSG #4 says so is answering an entirely different question. My opinion is that they are not, and DFSG#4 is a bug. I know that I'm not the only person who would

Re: DRAFT: debian-legal summary of the QPL

2004-07-16 Thread Matthew Garrett
Glenn Maynard [EMAIL PROTECTED] wrote: On Thu, Jul 15, 2004 at 08:23:02PM +0100, Matthew Garrett wrote: Really? Wow. That's insane. Could you please explain that's insane? It seems simple and noncontroversial that a free license can be non-free if certain key permissions are removed. (Without

Re: Termination clauses, was: Choice of venue

2004-07-16 Thread Matthew Garrett
MJ Ray [EMAIL PROTECTED] wrote: 1. DFSG: free redistribution. In the elaboration: The license may not require a royalty or other fee for such sale. What is this royalty or other fee? I claim it is the normal definition of consideration in an exchange, of payment in a sale transaction. A normal

Re: DRAFT: debian-legal summary of the QPL

2004-07-16 Thread Bernhard R. Link
* Steve Langasek [EMAIL PROTECTED] [040716 02:24]: And yes, arguments can be made that some of the GPL requirements similarly deter contribution under certain circumstances. The difference seems to be quantitative, not qualitative; the GPL sought to achieve a balance point between the rights

Re: DRAFT: debian-legal summary of the QPL

2004-07-16 Thread Walter Landry
Matthew Garrett [EMAIL PROTECTED] wrote: Walter Landry [EMAIL PROTECTED] wrote: Matthew Garrett [EMAIL PROTECTED] wrote: Surely it's not the license that restricts the activities of the dissident, it's the local authorities? If my government decrees that anyone producing works that oblige

Re: DRAFT: debian-legal summary of the QPL

2004-07-16 Thread Don Armstrong
On Fri, 16 Jul 2004, Matthew Garrett wrote: It's a pain in the ass, but why should having responsibilities attached to your use of freedoms be non-free? It depends on what the responsibility is. I could make you responsible for paying me $500 every time you used one of the freedoms[1] granted

Re: DRAFT: debian-legal summary of the QPL

2004-07-16 Thread Matthew Garrett
Walter Landry [EMAIL PROTECTED] wrote: Matthew Garrett [EMAIL PROTECTED] wrote: If there were, would we consider the GPL non-free? It certainly wouldn't be free in that jurisdiction. Whether Debian decides to care about such jurisdicitions is, to some degree, a policy decision. The thing about

Re: DRAFT: debian-legal summary of the QPL

2004-07-16 Thread Matthew Garrett
Don Armstrong [EMAIL PROTECTED] wrote: On Fri, 16 Jul 2004, Matthew Garrett wrote: It's a pain in the ass, but why should having responsibilities attached to your use of freedoms be non-free? It depends on what the responsibility is. Right. So the fact that I have to do something awkward is

Re: Termination clauses, was: Choice of venue

2004-07-16 Thread David Nusinow
On Fri, Jul 16, 2004 at 12:03:22AM +0100, MJ Ray wrote: What is this royalty or other fee? I claim it is the normal definition of consideration in an exchange, of payment in a sale transaction. A normal definition in English law is from Dunlop v Selfridge Ltd [1915] AC 847: An act or

Re: Termination clauses, was: Choice of venue

2004-07-16 Thread Brian Thomas Sniffen
Matthew Garrett [EMAIL PROTECTED] writes: If we consider a developer distributing an application that links with a GPLed work to a small group, we discover that every time he passes on the binaries he must also pass on the source code /and/ give them the right to pass on further

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: DRAFT: debian-legal summary of the QPL

2004-07-16 Thread Don Armstrong
On Fri, 16 Jul 2004, Matthew Garrett wrote: In the case of forced distribution of code back upstream, it results in a wider range of people being able to take advantages of your modifications. So would a license that required you to redistribute any custom modifications to any other unrelated

Re: Termination clauses, was: Choice of venue

2004-07-16 Thread David Nusinow
On Fri, Jul 16, 2004 at 02:13:38PM -0400, Brian Thomas Sniffen wrote: The developer hasn't promised to obey the license. I distribute software written by others all the time. I'm not sued by them because they licensed me to do this under the GPL, but I wouldn't even have to know about the

Re: Termination clauses, was: Choice of venue

2004-07-16 Thread Brian Thomas Sniffen
Edmund GRIMLEY EVANS [EMAIL PROTECTED] writes: I agree that this is bad, but does DFSG 3 forbid this? Perhaps it does, but only if you assume some kind of implicit substitution where the modifier replaces the author in the same terms. I don't think that's a particularly natural way to read

Re: Termination clauses, was: Choice of venue

2004-07-16 Thread Brian Thomas Sniffen
David Nusinow [EMAIL PROTECTED] writes: On Fri, Jul 16, 2004 at 02:13:38PM -0400, Brian Thomas Sniffen wrote: The developer hasn't promised to obey the license. I distribute software written by others all the time. I'm not sued by them because they licensed me to do this under the GPL, but

Re: Termination clauses, was: Choice of venue

2004-07-16 Thread David Nusinow
On Fri, Jul 16, 2004 at 03:27:13PM -0400, Brian Thomas Sniffen wrote: I haven't promised the FSF anything, but I distribute and modify their software all the time. Maybe I don't agree to the GPL. Maybe, someday, I'll fail to note my changes at the top of every file! Bwahaha. And if I ever

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: DRAFT: debian-legal summary of the QPL

2004-07-16 Thread Glenn Maynard
On Fri, Jul 16, 2004 at 10:24:12AM +0100, Matthew Garrett wrote: Glenn Maynard [EMAIL PROTECTED] wrote: On Thu, Jul 15, 2004 at 11:20:14AM +0100, Matthew Garrett wrote: So why are they free? Because DFSG #4 says so is answering an entirely different question. My opinion is that they are

Re: Termination clauses, was: Choice of venue

2004-07-16 Thread Josh Triplett
Brian Thomas Sniffen wrote: Josh Triplett [EMAIL PROTECTED] writes: Brian Thomas Sniffen wrote: I'd be particularly interested to hear your comments on the asymmetry issue, which is most closely tied to a DFSG point: I can't distribute modifications under the same license through which I

Re: Free Debian logos? [was: Re: GUADEC report]

2004-07-16 Thread Josh Triplett
Nathanael Nerode wrote: Josh Triplett wrote: Nathanael Nerode wrote: Trademark license: You may use this logo or a modified version of it to refer to Debian. You may not use this logo, or any confusingly similar logo, to refer to anything else in a way which might cause confusion with Debian.

Re: DRAFT: debian-legal summary of the QPL

2004-07-16 Thread Josh Triplett
Matthew Garrett wrote: Josh Triplett [EMAIL PROTECTED] wrote: Matthew Garrett wrote: There's a strong feeling that people should be allowed to do what they want if it doesn't involve other people. Private undistributed modification falls within this. Distribution, on the other hand, is

Re: DFSG 4 (was Re: DRAFT: debian-legal summary of the QPL)

2004-07-16 Thread Josh Triplett
Brian Thomas Sniffen wrote: I'd also love to see it removed, and agree that it's a bug -- but I think the *first* step is getting critical patch-clause software out of main, only to be followed by the GR to remove the wart on DFSG#4 which, by that time, nothing important will be using anyway.

Re: Bug#227159: ocaml: Worse, the QPL is not DFSG-free

2004-07-16 Thread Josh Triplett
Sven Luther wrote: And also a proposal on how to make the licence non-free, instead of the please switch to the GPL which is sure to be received with laugthers or even some anger when i go upstream with it. I am changing this in the second draft. The primary recommendation will still be to

Re: Bug#227159: ocaml: Worse, the QPL is not DFSG-free

2004-07-16 Thread Glenn Maynard
On Thu, Jul 15, 2004 at 07:44:19AM +0200, Sven Luther wrote: problems you mention. And also a proposal on how to make the licence non-free, instead of the please switch to the GPL which is sure to be received with laugthers or even some anger when i go upstream with it. The original users of

Re: Bug#227159: ocaml: Worse, the QPL is not DFSG-free

2004-07-16 Thread Sven Luther
On Fri, Jul 16, 2004 at 04:27:41PM -0700, Josh Triplett wrote: Sven Luther wrote: And also a proposal on how to make the licence non-free, instead of the please switch to the GPL which is sure to be received with laugthers or even some anger when i go upstream with it. I am changing this

Re: Bug#227159: ocaml: Worse, the QPL is not DFSG-free

2004-07-16 Thread Sven Luther
On Fri, Jul 16, 2004 at 07:40:08PM -0400, Glenn Maynard wrote: On Thu, Jul 15, 2004 at 07:44:19AM +0200, Sven Luther wrote: problems you mention. And also a proposal on how to make the licence non-free, instead of the please switch to the GPL which is sure to be received with laugthers or

Re: Bug#227159: ocaml: Worse, the QPL is not DFSG-free

2004-07-16 Thread Glenn Maynard
On Sat, Jul 17, 2004 at 03:40:54AM +0200, Sven Luther wrote: reasonable. We've asked many software authors to do similar things in the past, with very frequent success, and less laughter and anger than you seem to think. Yes, but it is by no means reason enough to declare the QPL

Re: DRAFT: debian-legal summary of the QPL

2004-07-16 Thread Sam Hartman
Brian == Brian Thomas Sniffen [EMAIL PROTECTED] writes: In the case of the QPL, you have to give the initial author many more rights with the software than you had -- he can take it proprietary, and you can't. Also, no matter who you want to give those modifications to, you

Re: Termination clauses, was: Choice of venue

2004-07-16 Thread Sam Hartman
Brian == Brian Thomas Sniffen [EMAIL PROTECTED] writes: If you want to try and formulate the asymmetry criterion you might want to consider the case of a licence L that forced everyone who distributes a modified version to make their modifications available under a BSD