Re: Why is choice of venue non-free ?

2005-02-04 Thread Sean Kellogg
is only governed by U.S. Copyright law if they chose to distribute it beyond the States. -Sean -- Sean Kellogg 2nd Year - University of Washington School of Law GPSS Senator - Student Bar Association Editor-at-Large - National ACS Blog [http://www.acsblog.org] c: 206.498.8207    e: [EMAIL PROTECTED

Re: mplayer, the time has come

2005-02-24 Thread Sean Kellogg
likely than not that you weren't even violating it, much less willfully :) -Sean -- Sean Kellogg 2nd Year - University of Washington School of Law GPSS Senator - Student Bar Association Editor-at-Large - National ACS Blog [http://www.acsblog.org] c: 206.498.8207    e: [EMAIL PROTECTED] So, let go

Re: mplayer, the time has come

2005-02-25 Thread Sean Kellogg
it, too. I believe this comment has already been properly responded to in an previous post by Mr. Maynard. -- Sean Kellogg 2nd Year - University of Washington School of Law GPSS Senator - Student Bar Association Editor-at-Large - National ACS Blog [http://www.acsblog.org] c: 206.498.8207    e: [EMAIL

Re: mplayer, the time has come

2005-02-26 Thread Sean Kellogg
On Friday 25 February 2005 08:52 pm, Raul Miller wrote: On Thu, Feb 24, 2005 at 08:52:12PM -0800, Sean Kellogg wrote: Can this list PLEASE stop the belief that ducking your head in the sand in regard to patent violations saves you from increased liability? What would that achieve? I don't

Re: Linux and GPLv2

2005-03-13 Thread Sean Kellogg
and patent infringement, it is coming, I assure you... unfortunately finals have reared their ugly head and I haven't had time to write something of reasonable quality on the subject. -- Sean Kellogg 2nd Year - University of Washington School of Law GPSS Senator - Student Bar Association Editor

Re: Linux and GPLv2

2005-03-13 Thread Sean Kellogg
it sits. Of course, you may not end up liking what the judge says :) Its actually quite a shame that there haven't been any court cases on the terms of the GPL... would make for some fascinating reading. -- Måns Rullgård [EMAIL PROTECTED] -- Sean Kellogg 2nd Year - University of Washington

Re: Linux and GPLv2

2005-03-13 Thread Sean Kellogg
terms are, well... that's when things get quite a bit more interesting :) -- Sean Kellogg 2nd Year - University of Washington School of Law GPSS Senator - Student Bar Association Editor-at-Large - National ACS Blog [http://www.acsblog.org] c: 206.498.8207    e: [EMAIL PROTECTED] So, let go

Re: Linux and GPLv2

2005-03-15 Thread Sean Kellogg
, they are not participants in the license, nor beneficiaries in the contract (note that I am politely avoiding the important legal ambiguity as to whether this is a license or a contract). The phrase is a very nice pledge of intent, but its not going to be enforceable in a court of law. -Sean -- Sean Kellogg

Re: x.org non free?

2005-03-25 Thread Sean Kellogg
On Friday 25 March 2005 07:33 am, Michael Below wrote: Måns Rullgård [EMAIL PROTECTED] writes: Michael Below [EMAIL PROTECTED] writes: I'm not a developer either, but from the legal point of view you're right, I'd say. Their README.crypto says: Without limiting the generality of

Re: Debian and Cuba

2005-03-26 Thread Sean Kellogg
On Saturday 26 March 2005 01:01 am, Josh Triplett wrote: To the best of my knowledge (IANAL), there is no issue with someone in Cuba or another embargoed country downloading Debian from ftp.xx.debian.org, for values of xx != us or probably a few others. Key issue here: it is *not* illegal to

Re: public domain

2005-03-27 Thread Sean Kellogg
-- Sean Kellogg 2nd Year - University of Washington School of Law GPSS Senator - Student Bar Association Editor-at-Large - National ACS Blog [http://www.acsblog.org] So, let go  ...Jump in   ...Oh well, what you waiting for?    ...it's all right     ...'Cause there's beauty in the breakdown

Re: public domain

2005-03-28 Thread Sean Kellogg
On Monday 28 March 2005 12:03 pm, Andrew Suffield wrote: On Sun, Mar 27, 2005 at 06:08:08PM -0800, Sean Kellogg wrote: Its not so much that copyright is pro-corporate as has been said (although it is), its that copyright won't assume anything about your behavior. ... Copyright assumes

Re: Concerns about works created by the US government

2005-04-06 Thread Sean Kellogg
really create all that much copyrightable work these days. Its far more common that it gives cash to a group with the right to a license to that work. But that's just my impression and I have no facts to back up the claim :) -Sean -- Sean Kellogg 2nd Year - University of Washington School of Law

Re: non-free firmware in kernel modules, aggregation and unclear copyright notice.

2005-04-10 Thread Sean Kellogg
and implied license issues aside). Again, this is a right of copyright law, not just contract. -Sean -- Sean Kellogg 2nd Year - University of Washington School of Law GPSS Senator - Student Bar Association Editor-at-Large - National ACS Blog [http://www.acsblog.org] So, let go  ...Jump in   ...Oh

Re: non-free firmware in kernel modules, aggregation and unclear copyright notice.

2005-04-13 Thread Sean Kellogg
that will be written into the Uniform Commercial Code in the next few decades (behold, the speed of legal evolution!). -Sean -- Sean Kellogg 2nd Year - University of Washington School of Law GPSS Senator - Student Bar Association Editor-at-Large - National ACS Blog [http://www.acsblog.org] c: 206.498.8207

Re: non-free firmware in kernel modules, aggregation and unclear copyright notice.

2005-04-13 Thread Sean Kellogg
On Wednesday 13 April 2005 06:55 am, Raul Miller wrote: On Tue, Apr 12, 2005 at 11:28:59PM -0700, Sean Kellogg wrote: Failure to have a click-through license means that there is no acceptance, which is a fundamental part of contract law. No acceptance, no contract, no exceptions. False

Re: non-free firmware in kernel modules, aggregation and unclear copyright notice.

2005-04-13 Thread Sean Kellogg
On Wednesday 13 April 2005 03:09 pm, Raul Miller wrote: On Tue, Apr 12, 2005 at 11:28:59PM -0700, Sean Kellogg wrote: Failure to have a click-through license means that there is no acceptance, which is a fundamental part of contract law. No acceptance, no contract, no exceptions

Re: non-free firmware in kernel modules, aggregation and unclear copyright notice.

2005-04-14 Thread Sean Kellogg
pay for the software before you're allowed to see the EULA? It is enforcable and is called a rolling contract. Seminal case is ProCD, Inc. v. Zeidenberg, 86 F.3d 1447 (7th Circut, 1996). -Sean -- Sean Kellogg 2nd Year - University of Washington School of Law GPSS Senator - Student Bar

Re: New 'Public Domain' Licence

2005-06-03 Thread Sean Kellogg
BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE. Licence taken from http://www.opensource.org/licenses/mit-license.php -- Sean Kellogg

Re: New 'Public Domain' Licence

2005-06-07 Thread Sean Kellogg
irrevocable. Certainly it is frustrating, but I think there are sound policy reasons behind the law. -Sean -- Sean Kellogg 2nd Year - University of Washington School of Law GPSS Senator - Student Bar Association Editor-at-Large - National ACS Blog [http://www.acsblog.org] c: 206.498.8207    e

Re: New 'Public Domain' Licence

2005-06-07 Thread Sean Kellogg
On Tuesday 07 June 2005 02:49 pm, Glenn Maynard wrote: On Tue, Jun 07, 2005 at 02:36:27PM -0700, Sean Kellogg wrote: To resolve this sad and not uncommon story, Congress granted the copyright holders an inalienable termination right which allows the author to revoke a In other words

Re: New 'Public Domain' Licence

2005-06-07 Thread Sean Kellogg
On Tuesday 07 June 2005 06:10 pm, Jeff King wrote: I think there are actually two issues we're talking about. I was mentioning a line of reasoning I have seen here[1], which indicates that we must be explicit in crafting PD-ish licenses, because our heirs can bring suit, saying that the

Re: New 'Public Domain' Licence

2005-06-07 Thread Sean Kellogg
On Tuesday 07 June 2005 06:21 pm, Jeff King wrote: On Tue, Jun 07, 2005 at 04:48:57PM -0700, Sean Kellogg wrote: Yes... because SO many works are released directly into the Public Domain... I have been on this list for about 6 weeks, and I have seen no less than three active threads

Re: New 'Public Domain' Licence

2005-06-07 Thread Sean Kellogg
On Tuesday 07 June 2005 06:43 pm, Glenn Maynard wrote: On Tue, Jun 07, 2005 at 06:26:46PM -0700, Sean Kellogg wrote: You are, as you say, talking about termination rights. But wouldn't those be just as much an issue here as they are with, say, the GPL? Oh yes, termination rights

Re: New 'Public Domain' Licence

2005-06-08 Thread Sean Kellogg
On Wednesday 08 June 2005 05:57 am, Michael K. Edwards wrote: On 6/8/05, Glenn Maynard [EMAIL PROTECTED] wrote: Published interface? Again, integrate into my software, not link against a published interface. Copy code directly into my program, and allow the works to merge and integrate.

Re: New 'Public Domain' Licence

2005-06-10 Thread Sean Kellogg
their termination right over that license (but not the transfer to Frank... since transferring the copyright by will is not susceptible to termination). -Sean -- Sean Kellogg 2nd Year - University of Washington School of Law GPSS Senator - Student Bar Association Editor-at-Large - National ACS Blog [http

Re: New 'Public Domain' Licence

2005-06-10 Thread Sean Kellogg
even keep the original copy around! Does making a derivative really earn you so many rights that you not only get to keep the copy, but also made new copies and distribute?! ... something doesn't smell right. -Sean -- Sean Kellogg 2nd Year - University of Washington School of Law GPSS Senator

Re: New 'Public Domain' Licence

2005-06-10 Thread Sean Kellogg
-- Sean Kellogg 2nd Year - University of Washington School of Law GPSS Senator - Student Bar Association Editor-at-Large - National ACS Blog [http://www.acsblog.org] w: http://probonogeek.blogspot.com So, let go  ...Jump in   ...Oh well, what you waiting for?    ...it's all right     ...'Cause there's

Re: Is this license DFSG free?

2005-06-11 Thread Sean Kellogg
this violate the Dissident test and cause troubles for our poor totalitarian state citizen? I wasn't around when these tests were developed... but they seem to cause more trouble than resolve problems. -Sean -- Sean Kellogg 2nd Year - University of Washington School of Law GPSS Senator

Re: Is this license DFSG free?

2005-06-11 Thread Sean Kellogg
the Project's work. Perhaps this is the time to seriously consider how debian-legal functions and on what sort of basis it makes decisions. -Sean -- Sean Kellogg 2nd Year - University of Washington School of Law GPSS Senator - Student Bar Association Editor-at-Large - National ACS Blog [http

Re: Is this license DFSG free?

2005-06-11 Thread Sean Kellogg
. It doesn't say anything about not requiring contribution. -Sean -- Sean Kellogg 2nd Year - University of Washington School of Law GPSS Senator - Student Bar Association Editor-at-Large - National ACS Blog [http://www.acsblog.org] w: http://probonogeek.blogspot.com So, let go  ...Jump in   ...Oh

Re: Is this license DFSG free?

2005-06-11 Thread Sean Kellogg
On Saturday 11 June 2005 05:10 pm, Måns Rullgård wrote: Anthony DeRobertis [EMAIL PROTECTED] writes: Sean Kellogg wrote: You must cause the modified files to carry prominent notices stating that you changed the files and the date of any change. Doesn't this violate the Dissident test

Re: Is this license DFSG free?

2005-06-11 Thread Sean Kellogg
On Saturday 11 June 2005 03:21 pm, Anthony DeRobertis wrote: Sean Kellogg wrote: Well now, this strikes me as a problem from a political science perspective (my undergrad degree). Debian-legal, a self-appointed group of various legal, political, an philosophical stripes, is making

Re: Is this license DFSG free?

2005-06-12 Thread Sean Kellogg
the opinions of a few d-l posters. I find great satisfaction in the dissident test myself, but I agree with a lot of things that don't happen to be in my nation's Constitution... doesn't make them so. -Sean -- Sean Kellogg 2nd Year - University of Washington School of Law GPSS Senator - Student

Re: MPlayer revisited

2005-06-13 Thread Sean Kellogg
knowledge of the violation, he is entitled to triple damages. Law student Sean Kellogg disputed that popular legend on this list in February 2005. Because I don't live in home of the brave, land of the legal fee I don't know who to believe. Like I said then, and really meant to put together

Re: Is this license DFSG free?

2005-06-15 Thread Sean Kellogg
be very concerned with language prohibiting use of code by left-handed people. Just some thoughts on the topic, Sean -- Sean Kellogg 2nd Year - University of Washington School of Law GPSS Senator - Student Bar Association Editor-at-Large - National ACS Blog [http://www.acsblog.org] w: http

Re: Is this license DFSG free?

2005-06-15 Thread Sean Kellogg
On Wednesday 15 June 2005 07:41 pm, Glenn Maynard wrote: On Wed, Jun 15, 2005 at 03:18:39PM -0700, Sean Kellogg wrote: In both cases, the Courts have said yes, it is text book descrimination. A group of people is being treated differently than others. However, the Court says that while

Re: GPL Possible Derivative Work

2005-06-19 Thread Sean Kellogg
On Saturday 18 June 2005 07:18 pm, Glenn Maynard wrote: On Sat, Jun 18, 2005 at 06:11:45PM -0700, Sean Kellogg wrote: Shocking as it may sound, I agree with everything Michael has said here. Cleanroom implementation is not a good defense against copyright infringement. If you want to write

Re: The QPL licence

2004-04-25 Thread Sean Kellogg
?), then I must go to Amsterdam, then it would be fine with me. -- Henning MakholmWe can hope that this serious deficiency will be remedied in the final version of BibTeX, 1.0, which is expected to appear when the LaTeX 3.0 development is completed. -- Sean Kellogg 1st Year - UW Law

Re: oaklisp: contains 500kB binary in source

2004-06-07 Thread Sean Kellogg
by just not building the documentation the first time. -- Sean Kellogg 1st Year - UW Law School c: 206.498.8207e: [EMAIL PROTECTED] w: http://www.livejournal.com/users/economyguy/ -- lazy mans blog When the only tool you have is a hammer, you tend to treat everything as if it were a nail

Re: Mozilla Public License is non-free: stipulates court venue ?

2004-06-09 Thread Sean Kellogg
other | steps (such as notifying appropriate mailing lists or newsgroups) | reasonably calculated to inform those who received the Covered Code | that new knowledge has been obtained. This fails the Chinese Dissident test. -- Glenn Maynard -- Sean Kellogg 1st Year - UW Law School c

Re: Desert Island Test [Re: DRAFT: debian-legal summary of the QPL]

2004-07-12 Thread Sean Kellogg
to protect this this test beyond our poor socially-isolated programmer? -Sean -- Sean Kellogg 2nd Year - UW Law School c: 206.498.8207e: [EMAIL PROTECTED] w: http://www.livejournal.com/users/economyguy/ -- lazy mans blog When the only tool you have is a hammer, you tend to treat everything

Re: Desert Island Test [Re: DRAFT: debian-legal summary of the QPL]

2004-07-13 Thread Sean Kellogg
the restatement. But I'm happy to type them out if you are interested in this beyond pure academic discussion. -Sean -- Sean Kellogg 2nd Year - UW Law School c: 206.498.8207e: [EMAIL PROTECTED] w: http://www.livejournal.com/users/economyguy/ -- lazy mans blog When the only tool you have

Re: Desert Island Test [Re: DRAFT: debian-legal summary of the QPL]

2004-07-13 Thread Sean Kellogg
On Tuesday 13 July 2004 01:06 am, Jacobo Tarrio wrote: O Martes, 13 de Xullo de 2004 ás 00:56:39 -0700, Sean Kellogg escribía: back to B due to lack of communication facilities. The duty in question will be discharged by the court under section 261 provided section 263 is 95% of the world

Re: Desert Island Test [Re: DRAFT: debian-legal summary of the QPL]

2004-07-13 Thread Sean Kellogg
. But impracticability comes from the old courts of England, so I'll bet its pretty standard. Ain't the Common Law system great ;) -Sean -- Sean Kellogg 2nd Year - UW Law School c: 206.498.8207e: [EMAIL PROTECTED] w: http://www.livejournal.com/users/economyguy/ -- lazy mans blog When the only tool you have

Re: Draft summary of Creative Commons 2.0 licenses (version 2)

2004-07-21 Thread Sean Kellogg
. Thats the end of the attribution license comments. I'm going to reserve further comments to see if anyone cares about these concerns. -- Sean Kellogg 2nd Year - UW Law School c: 206.498.8207    e: [EMAIL PROTECTED] w: http://www.livejournal.com/users/economyguy/  -- lazy mans blog Good government

Re: Bug#317359: kde: ..3'rd Help-About $KDE-app tab calls the GPL License Agreement, ie; a contract.

2005-07-08 Thread Sean Kellogg
be a contract and it must be agreed to (in the GPL's case, it is agreed to by conduct). Others on this list take a different view, but fail to explain how they avoid the warranty stuff. So calling the GPL a License Agreement strikes me as the correct and honest thing. -Sean -- Sean Kellogg 3rd Year

Re: Bug#317359: kde: ..3'rd Help-About $KDE-app tab calls the GPL License Agreement, ie; a contract.

2005-07-08 Thread Sean Kellogg
On Friday 08 July 2005 02:37 pm, Glenn Maynard wrote: (dropped CC's; it's probably not productive for the actual contract-or-not debates to go to the bug, since we're not likely to come to a firm conclusion anyway) Sounds good to me. On Fri, Jul 08, 2005 at 02:11:24PM -0700, Sean Kellogg

Re: Bug#317359: kde: ..3'rd Help-About $KDE-app tab calls the GPL License Agreement, ie; a contract.

2005-07-09 Thread Sean Kellogg
someone to agree to a license before they use the software doesn't seem to go against any of DFSGs. Obviously what you say IN the license makes a whole heep of difference... but I think that's a far cry from saying mandatory agreement is non-free. -Sean -- Sean Kellogg 3rd Year - University

Re: Bug#317359: kde: ..3'rd Help-About $KDE-app tab calls the GPL License Agreement, ie; a contract.

2005-07-10 Thread Sean Kellogg
On Sunday 10 July 2005 03:21 am, Glenn Maynard wrote: On Sun, Jul 10, 2005 at 11:56:50AM +0200, Marco d'Itri wrote: Maybe impractical, but so far I can't see why they should be non-free. Now you're claiming that an impractical license can be free? I think your notion of what is free is so

Re: Bug#317359: kde: ..3'rd Help-About $KDE-app tab calls the GPL License Agreement, ie; a contract.

2005-07-12 Thread Sean Kellogg
On Tuesday 12 July 2005 01:18 pm, Glenn Maynard wrote: On Tue, Jul 12, 2005 at 12:52:03PM -0700, Adam McKenna wrote: On Tue, Jul 12, 2005 at 02:53:40PM -0400, Glenn Maynard wrote: On Tue, Jul 12, 2005 at 08:39:35AM -0500, Christofer C. Bell wrote: Glenn, you said that click-wrap licenses

Re: Bug#317359: kde: ..3'rd Help-About $KDE-app tab calls the GPL License Agreement, ie; a contract.

2005-07-12 Thread Sean Kellogg
On Tuesday 12 July 2005 08:06 pm, Glenn Maynard wrote: On Sat, Jul 09, 2005 at 12:14:29PM -0700, Sean Kellogg wrote: Well, like I said... I can't fault your logic. The GPL's use provisions, or more accurately its express disclaimer there of, do not require consent. BUT, everyone has

RE: Bug#317359: kde: ..3'rd Help-About $KDE-app tab calls the GPL License Agreement, ie; a contract.

2005-07-13 Thread Sean Kellogg
. Edwards [mailto:[EMAIL PROTECTED] Sent: Wednesday, July 13, 2005 1:34 PM To: Sean Kellogg Cc: debian-legal@lists.debian.org Subject: Re: Bug#317359: kde: ..3'rd Help-About $KDE-app tab calls the GPL License Agreement, ie; a contract. On 7/12/05, Sean Kellogg [EMAIL PROTECTED] wrote: When you

Re: Bug#317359: kde: ..3'rd Help-About $KDE-app tab calls the GPL License Agreement, ie; a contract.

2005-07-13 Thread Sean Kellogg
On Wednesday 13 July 2005 02:40 pm, Michael K. Edwards wrote: On 7/13/05, Sean Kellogg [EMAIL PROTECTED] wrote: As for Specht V. Netscape, Michael, I know you are a smart guy who is good with citations; it boggles me that you would reference this case. This case deals

Re: Bug#317359: kde: ..3'rd Help-About $KDE-app tab calls the GPL License Agreement, ie; a contract.

2005-07-13 Thread Sean Kellogg
On Wednesday 13 July 2005 05:10 pm, Rich Walker wrote: Sean Kellogg [EMAIL PROTECTED] writes: If individual A is authorized to distribute software, and individual B initiates an action that results in a copy being made of that software from A's distribution server, has B violated

Re: Bug#317359: kde: ..3'rd Help-About $KDE-app tab calls the GPL License Agreement, ie; a contract.

2005-07-14 Thread Sean Kellogg
On Wednesday 13 July 2005 10:32 pm, Glenn Maynard wrote: On Wed, Jul 13, 2005 at 10:07:49PM -0700, Sean Kellogg wrote: I'm talking about copyright infringement. Maybe I'm the only one?! The question is whether its okay to mandate acceptance of the GPL at download. I am suggesting that you

Re: Mandatory click wraps trivially non-free

2005-07-14 Thread Sean Kellogg
itself, as was the original bug's contention. The click-wrap argument is just an offshoot of that original discussion. On Wed, 13 Jul 2005, Sean Kellogg wrote: But no one has presented a cogent argument about how mandating that people actually agree to the terms of the GPL poses a threat

Re: Bug#317359: kde: ..3'rd Help-About $KDE-app tab calls the GPL License Agreement, ie; a contract.

2005-07-14 Thread Sean Kellogg
On Sunday 10 July 2005 09:53 pm, Glenn Maynard wrote: On Sun, Jul 10, 2005 at 05:51:17PM -0700, Sean Kellogg wrote: Glenn, don't you think he's talking about technologically impractical. We all know how easy it is to circumvent click wrap licenses. But you HAVE to agree to the GPL

Re: Bug#317359: kde: ..3'rd Help-About $KDE-app tab calls th e GPL License Agreement, ie; a contract.

2005-07-14 Thread Sean Kellogg
than myself to look into it (they happen to be out of the office right now... so any response may take a while). But absent that theory, there is nothing that grants you the right to 'apt-get install GPL PROGRAM' other than the GPL itself. -Sean -- Sean Kellogg 3rd Year - University

Re: Bug#317359: kde: ..3'rd Help-About $KDE-app tab calls th e GPL License Agreement, ie; a contract.

2005-07-14 Thread Sean Kellogg
On Thursday 14 July 2005 09:46 am, Adam McKenna wrote: On Thu, Jul 14, 2005 at 09:38:25AM -0700, Sean Kellogg wrote: But I'm not talking about USE, I'm talking about the possession of a copy of the code. You are not permitted to have a copy of the code without permission under the law

Re: Bug#317359: kde: ..3'rd Help-About $KDE-app tab calls th e GPL License Agreement, ie; a contract.

2005-07-14 Thread Sean Kellogg
someone explain to me why its NOT a license agreement? Do you not in fact have to agree to the GPL if you intend to use the rights under the GPL? -Sean -- Sean Kellogg 3rd Year - University of Washington School of Law Graduate Professional Student Senate Treasurer UW Service Activities Committee

Re: Bug#317359: kde: ..3'rd Help-About $KDE-app tab calls th e GPL License Agreement, ie; a contract.

2005-07-14 Thread Sean Kellogg
On Thursday 14 July 2005 01:00 pm, Patrick Herzig wrote: On 7/14/05, Sean Kellogg [EMAIL PROTECTED] wrote: But I'd really like to return to the question that got us all started. Is calling the GPL a License Agreement a bug? Apparently my you have to agree to the GPL anyway theory has

Re: Mandatory click wraps trivially non-free

2005-07-14 Thread Sean Kellogg
On Thursday 14 July 2005 02:28 pm, Don Armstrong wrote: On Thu, 14 Jul 2005, Sean Kellogg wrote: On Thursday 14 July 2005 12:56 am, Don Armstrong wrote: On Wed, 13 Jul 2005, Sean Kellogg wrote: But no one has presented a cogent argument about how mandating that people actually agree

Re: Bug#317359: kde: ..3'rd Help-About $KDE-app tab calls the GPL License Agreement, ie; a contract.

2005-07-14 Thread Sean Kellogg
there that says this sort of behavior isn't copying and allowable, please share. -- Sean Kellogg 3rd Year - University of Washington School of Law Graduate Professional Student Senate Treasurer UW Service Activities Committee Interim Chair w: http://probonogeek.blogspot.com So, let go  ...Jump in   ...Oh

Re: Public Domain and Packaging

2005-07-18 Thread Sean Kellogg
with that as well, but it gets us way closer to the pale than attempts to disclaim the copyright. -Sean -- Sean Kellogg 3rd Year - University of Washington School of Law Graduate Professional Student Senate Treasurer UW Service Activities Committee Interim Chair w: http://probonogeek.blogspot.com So

Re: Public Domain and Packaging

2005-07-18 Thread Sean Kellogg
On Monday 18 July 2005 03:13 pm, Brian M. Carlson wrote: On Mon, 2005-07-18 at 11:45 -0700, Sean Kellogg wrote: On Monday 18 July 2005 11:07 am, Brian M. Carlson wrote: What we *don't* want, is software that is copyrighted (which PD software isn't) and then without a license, because

Re: Question about license compatibility

2005-07-22 Thread Sean Kellogg
bad policy. Certainly having a package that prohibits charging for distribution would prevent it from being on a Debian CD sold by one of the vendors. Based on the DFSG I'd have to point to #1 and #6... but both are kind of stretches. Anyone else have thoughts? -- Sean Kellogg 3rd Year

Re: Question about license compatibility

2005-07-22 Thread Sean Kellogg
On Friday 22 July 2005 03:28 am, Matthew Garrett wrote: Sean Kellogg [EMAIL PROTECTED] wrote: License 1 contains a limitation on use (educational, research and non-profit purposes, without fee) which is a violation of DFSG #6. License 2 is less obvious, but I personally believe

Re: A question about converting code to another programming language

2005-07-23 Thread Sean Kellogg
their derivative... but outside of a copyleft context, I can't imagine an author wanting a translator to have the authority to translate back into the initial language and sell competing versions. -Sean -- Sean Kellogg 3rd Year - University of Washington School of Law Graduate Professional

Re: Question about license compatibility

2005-07-23 Thread Sean Kellogg
On Saturday 23 July 2005 04:41 pm, Francesco Poli wrote: On Fri, 22 Jul 2005 00:03:56 -0700 Sean Kellogg wrote: Anyone else have thoughts? Yes, I have one: |3. The licensee agrees to obey all U.S. Government res- trictions |governing redistribution or export of the software

Re: Question about license compatibility

2005-07-23 Thread Sean Kellogg
On Saturday 23 July 2005 08:04 pm, Jeff Licquia wrote: On Sat, 2005-07-23 at 17:11 -0700, Sean Kellogg wrote: This is a difficult situation that is worth commentary. Assume for a moment that the U.S. has some strict export restriction. As a U.S. citizen I am bound by those laws and cannot

Re: BitTorrent Open Source License (Proposed Changes)

2005-07-30 Thread Sean Kellogg
this license only require source distribution for six months? This change seems unnecessary to pass under the DSFG if the GPL is acceptable. -Sean -- Sean Kellogg 3rd Year - University of Washington School of Law Graduate Professional Student Senate Treasurer UW Service Activities Committee

Re: BitTorrent Open Source License (Proposed Changes)

2005-07-30 Thread Sean Kellogg
On Saturday 30 July 2005 02:26 pm, Michael Janssen wrote: Sean Kellogg skellogg at u.washington.edu writes: [8 Cut Venue Clause and re-writing 8] Hmm... Personally, I'm not convinced that venue clauses are non-free. But if they are willing to drop a venue requirement, that's great

Re: BitTorrent Open Source License (Proposed Changes)

2005-07-30 Thread Sean Kellogg
On Saturday 30 July 2005 04:38 pm, Andrew Suffield wrote: On Sat, Jul 30, 2005 at 08:55:33AM -0700, Sean Kellogg wrote: Hmm... Personally, I'm not convinced that venue clauses are non-free. But if they are willing to drop a venue requirement, that's great for users of Debian! I'm

Re: BitTorrent Open Source License (Proposed Changes)

2005-07-31 Thread Sean Kellogg
On Sunday 31 July 2005 12:13 am, Michael K. Edwards wrote: On 7/30/05, Sean Kellogg [EMAIL PROTECTED] wrote: [snip] ... choice-of-venue clauses just keep people from playing the venue shopping game. Is there actually anywhere in the world that a choice-of-venue clause in a contract

Re: BitTorrent Open Source License (Proposed Changes)

2005-07-31 Thread Sean Kellogg
On Sunday 31 July 2005 06:45 am, Michael Poole wrote: Sean Kellogg writes: On Saturday 30 July 2005 02:26 pm, Michael Janssen wrote: Sean Kellogg skellogg at u.washington.edu writes: [8 Cut Venue Clause and re-writing 8] Hmm... Personally, I'm not convinced that venue clauses

Re: BitTorrent Open Source License (Proposed Changes)

2005-07-31 Thread Sean Kellogg
, I have a lot to learn... but based on the conversations on this list, I think I'm about as qualified as anyone else to point out that the term available is different from distribute and should be changed if you want to avoid confusion. -Sean -- Sean Kellogg 3rd Year - University

Re: BitTorrent Open Source License (Proposed Changes)

2005-07-31 Thread Sean Kellogg
On Sunday 31 July 2005 06:35 pm, Michael Poole wrote: Sean Kellogg writes: On Sunday 31 July 2005 06:45 am, Michael Poole wrote: In contrast to choice of law, choice of venue requires users who are not normally subject to that court's personal jurisdiction to give up a right they normally

Re: FAIwiki Copyrights

2005-08-05 Thread Sean Kellogg
licensed, the rest is really outside of the scope of Debian's distribution requirements. Taking it to the next step... is there really anything wrong with using a CC license in this instance (granting that the CC license is non-free). -Sean -- Sean Kellogg 3rd Year - University of Washington

Re: FAIwiki Copyrights

2005-08-06 Thread Sean Kellogg
On Saturday 06 August 2005 03:31 am, Henning Makholm wrote: A non-free license would not allow contents from the wiki to be copied into distribution that they hope for Debian to distribute with their software. You're absolutely right, I withdraw my question. -- Sean Kellogg 3rd Year

Re: May be non-copyrighted documment included in main?

2005-08-19 Thread Sean Kellogg
isn't the issue, it's the expression that is being copied. What you seem to be talking about is literal copying. But in the eyes of the law, translation is considered copying of the underlying expression. -Sean -- Sean Kellogg 3rd Year - University of Washington School of Law Graduate

Re: May be non-copyrighted documment included in main?

2005-08-19 Thread Sean Kellogg
a derivative work (no copying) and thus avoid infringment (case is Lee v. Art). But to be honest, I have no idea how this relates to this thread... I just thought I'd share :) -Sean -- Sean Kellogg 3rd Year - University of Washington School of Law Graduate Professional Student Senate Treasurer

Re: Rules for submitting licenses for review

2005-08-22 Thread Sean Kellogg
didn't do so well last quarter and they had to let go a bunch of their contract employees. It's a shame :( -Sean -- Sean Kellogg 3rd Year - University of Washington School of Law Graduate Professional Student Senate Treasurer UW Service Activities Committee Interim Chair w: http

Re: Rules for submitting licenses for review

2005-08-23 Thread Sean Kellogg
and people were free to share things with others that it was linux-like. -Sean -- Sean Kellogg 3rd Year - University of Washington School of Law Graduate Professional Student Senate Treasurer UW Service Activities Committee Interim Chair w: http://www.probonogeek.org So, let go  ...Jump

Re: [PEAR-QA] PHP License

2005-08-24 Thread Sean Kellogg
as an essential step in the utilization of the computer program in conjunction with a machine and that it is used in no other manner is not infringement... but just because it's not infringement does not make the resulting work a derivative work. So that's why the terms apply, Sean -- Sean Kellogg 3rd

Re: [PEAR-QA] PHP License

2005-08-24 Thread Sean Kellogg
On Wednesday 24 August 2005 01:46 pm, Catatonic Porpoise wrote: Sean Kellogg wrote: I'm pretty sure it is a PHP-derivative. It relies on all sorts of built in PHP functions to create the finished work. Perhaps... PERHAPS... the code you download for phpbb, on its own, MIGHT be a separate

Re: [PEAR-QA] PHP License

2005-08-24 Thread Sean Kellogg
On Wednesday 24 August 2005 02:17 pm, Måns Rullgård wrote: Sean Kellogg [EMAIL PROTECTED] writes: On Wednesday 24 August 2005 01:46 pm, Catatonic Porpoise wrote: Sean Kellogg wrote: I'm pretty sure it is a PHP-derivative. It relies on all sorts of built in PHP functions to create

Re: [PEAR-QA] PHP License

2005-08-24 Thread Sean Kellogg
On Wednesday 24 August 2005 03:44 pm, Måns Rullgård wrote: Sean Kellogg [EMAIL PROTECTED] writes: On Wednesday 24 August 2005 02:17 pm, Måns Rullgård wrote: Sean Kellogg [EMAIL PROTECTED] writes: On Wednesday 24 August 2005 01:46 pm, Catatonic Porpoise wrote: Sean Kellogg wrote: I'm

Re: [PEAR-QA] PHP License

2005-08-25 Thread Sean Kellogg
On Thursday 25 August 2005 02:01 am, MJ Ray wrote: Sean Kellogg [EMAIL PROTECTED] wrote: [...] As source code, it is not a derivative, I agree... but once it is compiled it is now a derivative work joining the library with the code to form the final binary. Its the act of compilation

Re: [PEAR-QA] PHP License

2005-08-26 Thread Sean Kellogg
On Friday 26 August 2005 02:51 am, MJ Ray wrote: Sean Kellogg [EMAIL PROTECTED] wrote: [...] When a user downloads phpbb2 and joins it with PHP to create the finished derivative product it seems they are in violation of the license. Can users call the combined thing 0x6a671236

Re: Rules for submitting licenses for review

2005-08-27 Thread Sean Kellogg
thereof). If you still think that game mechanics are not copyrightable, can you point me to some authority to support your claim. I'd be interested to see how they are distinguished from things like cookbooks (which are copyrighted). -Sean -- Sean Kellogg 3rd Year - University of Washington School

Re: Rules for submitting licenses for review

2005-08-27 Thread Sean Kellogg
On Saturday 27 August 2005 11:38 am, Ricardo Gladwell wrote: On Sat, 2005-08-27 at 11:11 -0700, Sean Kellogg wrote: but aside from that, you would need a license if you intend to just copy the d20 system (or create a derivative thereof). I think there is a miscommunication here: I think Ken

Re: Rules for submitting licenses for review

2005-08-27 Thread Sean Kellogg
On Saturday 27 August 2005 12:27 pm, Ricardo Gladwell wrote: On Sat, 2005-08-27 at 12:01 -0700, Sean Kellogg wrote: But the text is an embodiment of the expression of the game... Is it? If I take, for example, the experience progression tables from the d20 system I can easily determine

Re: Rules for submitting licenses for review

2005-08-27 Thread Sean Kellogg
On Saturday 27 August 2005 04:01 pm, Francesco Poli wrote: On Sat, 27 Aug 2005 13:07:37 -0700 Sean Kellogg wrote: Sure, there is an underlying mathmatical formula. And you are free to use any mathmatical formula to create charts to your heart's content. But the DD people chose

Re: Rules for submitting licenses for review

2005-08-27 Thread Sean Kellogg
, to be sure :) -- Sean Kellogg 3rd Year - University of Washington School of Law Graduate Professional Student Senate Treasurer UW Service Activities Committee Interim Chair w: http://www.probonogeek.org So, let go  ...Jump in   ...Oh well, what you waiting for?    ...it's all right     ...'Cause

Re: Rules for submitting licenses for review

2005-08-28 Thread Sean Kellogg
On Sunday 28 August 2005 01:16 pm, Francesco Poli wrote: On Sat, 27 Aug 2005 19:17:16 -0700 Sean Kellogg wrote: I happen to agree with you... but there are legal arguments to the countrary that seem to be well excepted among the game industry. But are they well accepted[1] among courts

Re: GPL, yet again. (The kernel is a lot like a shared library)

2005-09-07 Thread Sean Kellogg
is and is not a derivative work, what constitutes copying, and applicable caselaw, I don't think it is. But then again, I think the GPL is a contract... so I don't see it as much of a problem. -Sean -- Sean Kellogg 3rd Year - University of Washington School of Law Graduate Professional Student

Re: GPL, yet again. (The kernel is a lot like a shared library)

2005-09-08 Thread Sean Kellogg
linked library does not constitute a copyrighted work. -Sean -- Sean Kellogg 3rd Year - University of Washington School of Law Graduate Professional Student Senate Treasurer UW Service Activities Committee Interim Chair w: http://www.probonogeek.org So, let go  ...Jump in   ...Oh well, what you

Re: GPL, yet again. (The kernel is a lot like a shared library)

2005-09-08 Thread Sean Kellogg
eligible for copyright... provided it meets all the standards of authorship. You're little regex, by the way, is an excellent example of a program that is not eligible. -Sean -- Sean Kellogg 3rd Year - University of Washington School of Law Graduate Professional Student Senate Treasurer UW

Re: GPL, yet again. (The kernel is a lot like a shared library)

2005-09-08 Thread Sean Kellogg
is because the GPL is a contract. The linking clause is a contractual term that you must agree to in order to receive a copyright license. Pretty standard forbearance. I know of no legal professional, outside of the FSF, who believes the GPL stands up as a pure copyright license. -Sean -- Sean

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