Re: Consensus about the Academic Free License (AFL) v3.0

2015-06-13 Thread Ángel González

On 13/06/15 06:36, Walter Landry wrote:

Ángel Gonzálezkeis...@gmail.com  wrote:

On 12/06/15 23:22, Walter Landry wrote:
I would strongly disagree here. Requiring documentation of any sort 
in addition to the source code is a big step. This is not a minor 
thing. 

I don't think requiring that some documentation is provided with the
source code, makes it unfree.

Of course it does.  Mandating a minimum quality before releasing
things may be good software practice, but it is decidely unfree.  This
license prevents a certain class of modifications that, in the
original author's eyes, makes things worse.  But later people may
disagree in good faith.  For example, suppose that there is
documentation, but it is out of date to the point where it is
misleading.  This license prevents removing that misleading
documentation.  Even if you write new documentation, you have to
distribute the old documentation as well.

Cheers,
Walter Landry
I very carefully talked about requiring *some* documentation, as 
something opposed it to all available documentation, which is what AFL 
requires and makes it problematic.
Ironically, the most free program wrt this clause is one with no 
documentation at all.



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Re: Consensus about the Academic Free License (AFL) v3.0

2015-06-13 Thread Francesco Poli
On Thu, 11 Jun 2015 08:41:07 +0900 Charles Plessy wrote:

 Le Wed, Jun 10, 2015 at 11:48:19PM +0200, Francesco Poli a écrit :
  Hello debian-legal regulars,
  I would need to ask your consensus opinion on the non-freeness of the
  Academic Free License (AFL) v3.0.
 
 Hi Francesco,
 
 I think that there is a broad consensus to accept the AFL as Free license,
 in Debian, the OSI, Fedora, the FSF, etc.

I don't see evidence of this broad consensus on debian-legal, where my
own analysis went uncontested on September 2012, as I said.

As far as the FSF is concerned (but please bear in mind that here we
are discussing what the Debian Project, not the FSF, should do!), I see
that they claim [1] the AFL v3.0 is a Free License, but they strongly
recommend to avoid it for practical reasons (due to section 9).

[1] https://www.gnu.org/licenses/license-list.en.html#AcademicFreeLicense

[...]
  - point 3) is poorly worded, but assuming it is well-intented, it is Free.

Section 3 is really unclear, to say the least.
I don't think it will be interpreted as we would like it to be.

I agree with Walter Landry that requiring all available documentation
is a big step. I think it's non-free.

 
  - regarding points 5) and 9), the FSF notes that the AFL has clause similar 
 to one of
the Open Software License that requires distributors to try to obtain 
 explicit
assent to the license 
 (http://www.gnu.org/licenses/license-list.en.html#OSLRant).
This is easy to infringe, but this is not forbidden by the DFSG (which is 
 why
we tolerate advertisement clauses, which are also easy to infringe).

Section 9 (especially when combined with section 5) is at least a
practical problem with mirrors and with many other commonly used
mechanisms for software distribution (as noted by the FSF, as well).
I am convinced that it is a restriction imposed on re-distributors
(thus failing DFSG#1).

 
  - The Attribution Notice sounds a bit like an invariant section, but it is 
 also
very similar to the NOTICE file from the Apache License, which is Free.

As also noted by Walter Landry, there's a crucial difference w.r.t.
Apache v2: the latter license requires to preserve attribution notices
within NOTICE files; the AFL v3.0 requires instead to preserve *any*
descriptive text identified as an Attribution Notice (even when this
text includes something other than attribution notices!).

I think this is non-free, unless all descriptive texts identified as
Attribution Notices only contain attribution notices.

 
 Altogether, I think that #689919 should stay closed, although it would be 
 great
 of course if the Subversion authors would manage to elimiate this license from
 their sources, because this license is not a good example to follow.

Sigh! This won't happen, if the Debian Project (and other authoritative
parties in the Free Software community) go on saying that the license
is OK anyway...

Moreover, please note that, if I understand correctly [2], the files
under consideration are no longer included in the upstream Subversion
source archive: they are added to the debian/ directory by the
maintainer of the subversion Debian package.

[2] https://bugs.debian.org/689919#25

 
 Have a nice day,

The same to you.


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. Francesco Poli .
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Re: Consensus about the Academic Free License (AFL) v3.0

2015-06-13 Thread Simon McVittie
On 13/06/15 15:45, Francesco Poli wrote:
 As also noted by Walter Landry, there's a crucial difference w.r.t.
 Apache v2: the latter license requires to preserve attribution notices
 within NOTICE files; the AFL v3.0 requires instead to preserve *any*
 descriptive text identified as an Attribution Notice (even when this
 text includes something other than attribution notices!).
 
 I think this is non-free, unless all descriptive texts identified as
 Attribution Notices only contain attribution notices.

The ftpmasters do not decide whether Debian will accept particular
licenses; they decide whether Debian will accept particular software.
One possible outcome for this part would be the ftpmasters deciding that
AFL-3.0 software is only Free if it does not have any Attribution
Notices that are not, in fact, attribution notices.

S


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Re: Consensus about the Academic Free License (AFL) v3.0

2015-06-13 Thread Francesco Poli
On Sat, 13 Jun 2015 22:45:54 +0100 Simon McVittie wrote:

 On 13/06/15 15:45, Francesco Poli wrote:
  As also noted by Walter Landry, there's a crucial difference w.r.t.
  Apache v2: the latter license requires to preserve attribution notices
  within NOTICE files; the AFL v3.0 requires instead to preserve *any*
  descriptive text identified as an Attribution Notice (even when this
  text includes something other than attribution notices!).
  
  I think this is non-free, unless all descriptive texts identified as
  Attribution Notices only contain attribution notices.
 
 The ftpmasters do not decide whether Debian will accept particular
 licenses; they decide whether Debian will accept particular software.
 One possible outcome for this part would be the ftpmasters deciding that
 AFL-3.0 software is only Free if it does not have any Attribution
 Notices that are not, in fact, attribution notices.

Yes, that's basically what I meant. Sorry for not being clear enough.
I think this clause is OK only for works where there are no descriptive
texts identified as Attribution Notices, but containing parts which
are not attribution notices.

I hope it's clearer now.

Unfortunately, the other problematic clauses still hold...


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Re: Consensus about the Academic Free License (AFL) v3.0

2015-06-12 Thread Walter Landry
Charles Plessy ple...@debian.org wrote:
 Here are a few comments about the license.
 
  - point 3) is poorly worded, but assuming it is well-intented, it is Free.

I would strongly disagree here.  Requiring documentation of any sort
in addition to the source code is a big step.  This is not a minor
thing.

  - The Attribution Notice sounds a bit like an invariant section, but it is 
 also
very similar to the NOTICE file from the Apache License, which is Free.

It is somewhat different.  The Apache license only requires you to
preserve attribution notices from the NOTICE file.  AFL requires
preserving

  any descriptive text identified therein as an Attribution Notice.

There is no requirement that the text actually be an attribution
notice.  So maybe it is OK as long as there are only attributions in
the Attribution Notice.

Cheers,
Walter Landry


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Re: Consensus about the Academic Free License (AFL) v3.0

2015-06-12 Thread Walter Landry
Ángel González keis...@gmail.com wrote:
 On 12/06/15 23:22, Walter Landry wrote:
 Charles Plessyple...@debian.org  wrote:
 Here are a few comments about the license.

   - point 3) is poorly worded, but assuming it is well-intented, it is
   - Free.
 I would strongly disagree here.  Requiring documentation of any sort
 in addition to the source code is a big step.  This is not a minor
 thing.
 I don't think requiring that some documentation is provided with the
 source code, makes it unfree.

Of course it does.  Mandating a minimum quality before releasing
things may be good software practice, but it is decidely unfree.  This
license prevents a certain class of modifications that, in the
original author's eyes, makes things worse.  But later people may
disagree in good faith.  For example, suppose that there is
documentation, but it is out of date to the point where it is
misleading.  This license prevents removing that misleading
documentation.  Even if you write new documentation, you have to
distribute the old documentation as well.

Cheers,
Walter Landry


Re: Consensus about the Academic Free License (AFL) v3.0

2015-06-12 Thread Ángel González

On 12/06/15 23:22, Walter Landry wrote:

Charles Plessyple...@debian.org  wrote:

Here are a few comments about the license.

  - point 3) is poorly worded, but assuming it is well-intented, it is Free.

I would strongly disagree here.  Requiring documentation of any sort
in addition to the source code is a big step.  This is not a minor
thing.
I don't think requiring that some documentation is provided with the 
source code, makes it unfree.


However, it could be intended to mean anything from Please don't strip 
comments from the code or Keep the doc/ folder from the repository 
when producing a src tarball to Include any documentation ever written 
related to modifying the original work (a patch howto, an emacs manual?).
If the licensor has a copy of Knuth's TAOCP (ie. it's available 
documentation), and it describes something on-topic for modifying the 
original work (eg. the work uses linked lists, described in Chapter 2) 
then the Licensor agrees to provide a machine-readable copy of TAOCP. ∎



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Consensus about the Academic Free License (AFL) v3.0

2015-06-10 Thread Francesco Poli
Hello debian-legal regulars,
I would need to ask your consensus opinion on the non-freeness of the
Academic Free License (AFL) v3.0.

My personal conclusion is that this license includes non-free
restrictions and is also problematic with respect to Debian mirror
infrastructure.
My own analysis [1][2] of the AFL v3.0 was sent to debian-legal on
September 2012 and received no rebuttal.

[1] https://lists.debian.org/debian-legal/2012/09/msg00081.html
[2] https://lists.debian.org/debian-legal/2012/09/msg00082.html

I then proceeded to file the bug report against subversion, but it was
closed [3] with the request to form consensus on debian-legal (which I
think was already formed, since nobody objected to my analysis...).

[3] https://bugs.debian.org/689919#51


Could you please explicitly express your agreement with my analysis?
Thanks for any help you may provide.


-- 
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. Francesco Poli .
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Re: Consensus about the Academic Free License (AFL) v3.0

2015-06-10 Thread Charles Plessy
Le Wed, Jun 10, 2015 at 11:48:19PM +0200, Francesco Poli a écrit :
 Hello debian-legal regulars,
 I would need to ask your consensus opinion on the non-freeness of the
 Academic Free License (AFL) v3.0.

Hi Francesco,

I think that there is a broad consensus to accept the AFL as Free license,
in Debian, the OSI, Fedora, the FSF, etc.

Its wording is often poorly chosen, but I think that the consensus is to
conclude in favor of the Free interpretation.

Here are a few comments about the license.

 - point 3) is poorly worded, but assuming it is well-intented, it is Free.

 - regarding points 5) and 9), the FSF notes that the AFL has clause similar to 
one of
   the Open Software License that requires distributors to try to obtain 
explicit
   assent to the license 
(http://www.gnu.org/licenses/license-list.en.html#OSLRant).
   This is easy to infringe, but this is not forbidden by the DFSG (which is why
   we tolerate advertisement clauses, which are also easy to infringe).

 - The Attribution Notice sounds a bit like an invariant section, but it is 
also
   very similar to the NOTICE file from the Apache License, which is Free.

Altogether, I think that #689919 should stay closed, although it would be great
of course if the Subversion authors would manage to elimiate this license from
their sources, because this license is not a good example to follow.

Have a nice day,

Charles

-- 
Charles Plessy
Tsurumi, Kanagawa, Japan


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