Re: License question: GPL+Exception

2007-05-13 Thread MJ Ray
Wesley J. Landaker [EMAIL PROTECTED] wrote:
 On Saturday 12 May 2007 16:01:25 Francesco Poli wrote:
  You may not impose any further restrictions with respect to the *rights
  granted by the GPL*.  But there are already such restrictions, and you
  cannot remove them because you are not the copyright holder.
  Hence you cannot comply with the license and the work is
  undistributable.
 
 A licensee can't, but the copyright holder can. Their license is NOT the
 GPL, but GPL + exceptions  restrictions. That is perfectly valid, just not
 GPL compatible. The exception they have adds extra freedom, and I believe
 the one restriction they add is DFSG-free. [...]

First, I think b is not an exception but a restriction.

Adding any restrictions to plain GPL results in an invalid licence as in
http://lists.debian.org/debian-legal/2006/05/msg00303.html

That isn't much different to using the plain GPL with an OpenSSL-like
licence - both licences are DFSG-free, but we can't satisy both of them
simultaneously without additional permission on the GPL side.  Of course
a copyright holder of the entire work could still copy and distribute
and so on because they don't need a licence but we can't because we
can't satisfy both of those restrictions simultaneously.

The copyright holder could make a new licence out of the GPL, as
permitted by the FSF, but they have not done so.  I think they should
use the plain GPL, because I dislike licence proliferation.

I'm surprised that Red Hat have produced an inconsistent licence and I'm
surprised that GPL+restrictions isn't widely-known as non-free.

Hope that explains,
-- 
MJR/slef
My Opinion Only: see http://people.debian.org/~mjr/
Please follow http://www.uk.debian.org/MailingLists/#codeofconduct


-- 
To UNSUBSCRIBE, email to [EMAIL PROTECTED]
with a subject of unsubscribe. Trouble? Contact [EMAIL PROTECTED]



Re: Bug#383316: Derivative works for songs

2007-05-13 Thread Francesco Poli
On Sun, 13 May 2007 01:06:01 +0100 (BST) MJ Ray wrote:

 Francesco Poli [EMAIL PROTECTED] wrote:
[...]
  There's another issue with the remaining four songs, though.
  Is their source available?
  I mean: what's the preferred form[1] for making modifications to the
  songs?  Is this form available?
 
 I hope that the scores are available, or a track-by-track recording,
 to avoid any build-depends on Sony ACID Pro 5 in a really clear way.

Mmmh: I don't think it's included in the zip archived previously
referenced.  Each song consists of the following files:

$ file *
guitar.ogg:  Ogg data, Vorbis audio, stereo, 44100 Hz, ~256006 bps, created by: 
Xiph.Org libVorbis I (1.0)
License.txt: ASCII English text, with CRLF line terminators
notes.mid:   Standard MIDI data (format 1) using 2 tracks at 1/96
song.ini:ASCII text, with CRLF line terminators
song.ogg:Ogg data, Vorbis audio, stereo, 44100 Hz, ~256006 bps, created by: 
Xiph.Org libVorbis I (1.0)


 
 However, for debian compilation of the game, isn't the preferred
 source form the mixed recording?  The one used in the build?

We must determine what is the preferred form for making modifications to
the song.  I'm not sure an Ogg Vorbis + MIDI form qualifies...

-- 
 http://frx.netsons.org/doc/nanodocs/testing_workstation_install.html
 Need to read a Debian testing installation walk-through?
. Francesco Poli .
 GnuPG key fpr == C979 F34B 27CE 5CD8 DC12  31B5 78F4 279B DD6D FCF4


pgp6yDcQ88Uqi.pgp
Description: PGP signature


RE: Bug#383316: Derivative works for songs

2007-05-13 Thread Miriam Ruiz

--- Francesco Poli [EMAIL PROTECTED] escribió:

 We must determine what is the preferred form for making modifications to
 the song.  I'm not sure an Ogg Vorbis + MIDI form qualifies...

I think that's quite complex to decide on a single-game basis, as that
decision might affect most of other games, as well as synthetic videos, music
all around the archive and most of media files in fact. I'm n ot really sure
if the repositories are prepared to handle sucha a big amount of data, i guess
we should contact the release team to check.

At some point I guess we should need to reach a decision about this, which
will probably involve massive bug-filling if we decide .mpg, .avi, .mp3, .ogg
files and so do not qualify enough as modifiable files, but for the moment I'd
prefer to stick with the currently usual way of allowing mp3 files in the
archive for this game (license allowing modification and redistribution, of
course), unless there is a big oposition to that. If not, it's time to start a
big debate about what is considered source form in art (which, in fact, I
think it'll be quite an interesting topic).

Greetings,
Miry

PS: I'm not subscribed to debian-legal, so please include me in CC in your 
replies.


   

LLama Gratis a cualquier PC del Mundo. 
Llamadas a fijos y móviles desde 1 céntimo por minuto. 
http://es.voice.yahoo.com


-- 
To UNSUBSCRIBE, email to [EMAIL PROTECTED]
with a subject of unsubscribe. Trouble? Contact [EMAIL PROTECTED]



Re: License question: GPL+Exception

2007-05-13 Thread Anthony W. Youngman
In message [EMAIL PROTECTED], MJ Ray 
[EMAIL PROTECTED] writes

Wesley J. Landaker [EMAIL PROTECTED] wrote:

On Saturday 12 May 2007 16:01:25 Francesco Poli wrote:
 You may not impose any further restrictions with respect to the *rights
 granted by the GPL*.  But there are already such restrictions, and you
 cannot remove them because you are not the copyright holder.
 Hence you cannot comply with the license and the work is
 undistributable.

A licensee can't, but the copyright holder can. Their license is NOT the
GPL, but GPL + exceptions  restrictions. That is perfectly valid, just not
GPL compatible. The exception they have adds extra freedom, and I believe
the one restriction they add is DFSG-free. [...]


First, I think b is not an exception but a restriction.

Adding any restrictions to plain GPL results in an invalid licence as in
http://lists.debian.org/debian-legal/2006/05/msg00303.html


I think you're wrong here ... (certainly if the entire grant is by a 
single entity)




That isn't much different to using the plain GPL with an OpenSSL-like
licence - both licences are DFSG-free, but we can't satisy both of them
simultaneously without additional permission on the GPL side.  Of course
a copyright holder of the entire work could still copy and distribute
and so on because they don't need a licence but we can't because we
can't satisfy both of those restrictions simultaneously.

The copyright holder could make a new licence out of the GPL, as
permitted by the FSF, but they have not done so.  I think they should
use the plain GPL, because I dislike licence proliferation.


As, presumably, they do. Hence GPL plus restrictions.


I'm surprised that Red Hat have produced an inconsistent licence and I'm
surprised that GPL+restrictions isn't widely-known as non-free.

Hope that explains,


Thing is, the licence, as granted by the !copyright holder! is not 
GPL, but GPL plus restrictions. The result can't be invalid, because 
it is granted by the copyright holder, and is clear as to what is 
granted.


A GPL plus restrictions is only invalid when the GPL is granted by one 
entity, and the restrictions imposed by a different one. I can't licence 
my code as plus restrictions and mix it with pure GPL code by 
someone else.


Cheers,
Wol
--
Anthony W. Youngman - [EMAIL PROTECTED]


--
To UNSUBSCRIBE, email to [EMAIL PROTECTED]
with a subject of unsubscribe. Trouble? Contact [EMAIL PROTECTED]



Re: License question: GPL+Exception

2007-05-13 Thread Francesco Poli
On Sun, 13 May 2007 21:04:09 +0100 Anthony W. Youngman wrote:

 In message [EMAIL PROTECTED], MJ Ray 
 [EMAIL PROTECTED] writes
[...]
 The copyright holder could make a new licence out of the GPL, as
 permitted by the FSF, but they have not done so.  I think they should
 use the plain GPL, because I dislike licence proliferation.
 
 As, presumably, they do. Hence GPL plus restrictions.

If it's a license derived from the GNU GPL, it cannot refer to the GPL
terms, but must copy and modify them instead.
And it cannot be named GPL or mention GNU.

See  http://www.gnu.org/licenses/gpl-faq.html#ModifyGPL

It's not what has been done by Red Hat.
They licensed their work under the GNU GPL v2 + additional restrictions.
This is different from licensing under a FooBar license derived from the
GNU GPL v2.

 
 I'm surprised that Red Hat have produced an inconsistent licence and
 I'm surprised that GPL+restrictions isn't widely-known as non-free.
 
 Hope that explains,
 
 Thing is, the licence, as granted by the !copyright holder! is not 
 GPL, but GPL plus restrictions.

That is the problem!

 The result can't be invalid,
 because  it is granted by the copyright holder, and is clear as to
 what is  granted.

It's not clear at all, because it is self-contradictory.

In section 6 of the GNU GPL v2, it's clearly stated that no further
restrictions *beyond the ones found in the GPL terms* can be imposed.
But such restrictions are imposed, at the same time.

 
 A GPL plus restrictions is only invalid when the GPL is granted by
 one  entity, and the restrictions imposed by a different one.

That case is not a invalid license, it's a copyright violation, which is
a different beast!


-- 
 http://frx.netsons.org/doc/nanodocs/testing_workstation_install.html
 Need to read a Debian testing installation walk-through?
. Francesco Poli .
 GnuPG key fpr == C979 F34B 27CE 5CD8 DC12  31B5 78F4 279B DD6D FCF4


pgpDZDqvdclXU.pgp
Description: PGP signature


Re: Bug#383316: Derivative works for songs

2007-05-13 Thread Francesco Poli
On Sun, 13 May 2007 19:11:32 +0200 (CEST) Miriam Ruiz wrote:

 
 --- Francesco Poli [EMAIL PROTECTED] escribió:
 
  We must determine what is the preferred form for making
  modifications to the song.  I'm not sure an Ogg Vorbis + MIDI form
  qualifies...
 
 I think that's quite complex to decide on a single-game basis, as that
 decision might affect most of other games, as well as synthetic
 videos, music all around the archive and most of media files in fact.

It *must* be decided on a case-by-case basis: no general rule can be
drawn from a specific decision, because what is source in one case, can
be compiled form in another.

This holds even for programs, not only for audio, video and similar
stuff.
Imagine we decided that C code is always source: that would be a wrong
oversimplification, because there are quite some cases where C code is
generated from some other form (typical examples: parser code generated
from a grammar description by Bison, or C code automatically translated
from a higher level language).

Hence, each case has to be examined to determine which is the source.

[...]
 At some point I guess we should need to reach a decision about this,
 which will probably involve massive bug-filling if we decide .mpg,
 .avi, .mp3, .ogg files and so do not qualify enough as modifiable
 files,

As I said, we cannot reach any reasonable *general* conclusion about a
format.
In some cases an Ogg Vorbis file qualifies as source, because maybe it's
the preferred form for making modification to a work.  In other cases,
an Ogg Vorbis file does not qualify.

[...]
 If not, it's time to start a big debate about
 what is considered source form in art (which, in fact, I think it'll
 be quite an interesting topic).

Art does not need any special-casing (and anyway the boundaries of art
are quite blurred: some programs can be so elegant to be considered
art...).
Source code is defined as the form of a work which is preferred for
making modifications to it.

 
 Greetings,
 Miry
 
 PS: I'm not subscribed to debian-legal, so please include me in CC in
 your replies.

P.S.: I am instead subscribed to debian-legal, so please do *not* Cc:
me, as long as debian-legal is in the loop!

-- 
 http://frx.netsons.org/doc/nanodocs/testing_workstation_install.html
 Need to read a Debian testing installation walk-through?
. Francesco Poli .
 GnuPG key fpr == C979 F34B 27CE 5CD8 DC12  31B5 78F4 279B DD6D FCF4


pgpZBqHrsaxDc.pgp
Description: PGP signature


Re: License question: GPL+Exception

2007-05-13 Thread Ben Finney
Anthony W. Youngman [EMAIL PROTECTED] writes:

 In message [EMAIL PROTECTED], MJ Ray
 [EMAIL PROTECTED] writes
 Adding any restrictions to plain GPL results in an invalid licence
 as in http://lists.debian.org/debian-legal/2006/05/msg00303.html

 I think you're wrong here ... (certainly if the entire grant is by a
 single entity)

By invalid, I take MJ Ray's meaning as not a usable license for
recipients of the work.

 Thing is, the licence, as granted by the !copyright holder! is not
 GPL, but GPL plus restrictions. The result can't be invalid,
 because it is granted by the copyright holder, and is clear as to
 what is granted.

The result can be a license with contraditory terms, as in this case
(GPL requires no additional restrictions; yet additional restrictions
are required). Since the terms are contradictory, the recipient cannot
simultaneously satisfy all the terms of the license; thus the
recipient has no valid license in the work.

-- 
 \   All good things are cheap; all bad are very dear.  -- Henry |
  `\ David Thoreau |
_o__)  |
Ben Finney


-- 
To UNSUBSCRIBE, email to [EMAIL PROTECTED]
with a subject of unsubscribe. Trouble? Contact [EMAIL PROTECTED]