Re: LGPL module linked with a GPL lib

2005-08-06 Thread Michael K. Edwards
On 8/4/05, Diego Biurrun [EMAIL PROTECTED] wrote: On Wed, Aug 03, 2005 at 07:24:33PM -0700, Michael K. Edwards wrote: If a public figure as remarkable as RMS does not choose to gather sizable donations to his preferred charity in return for his speaking engagements, then perhaps conference

Re: LGPL module linked with a GPL lib

2005-08-06 Thread Diego Biurrun
On Sat, Aug 06, 2005 at 01:15:22AM -0700, Michael K. Edwards wrote: On 8/4/05, Diego Biurrun [EMAIL PROTECTED] wrote: On Wed, Aug 03, 2005 at 07:24:33PM -0700, Michael K. Edwards wrote: If a public figure as remarkable as RMS does not choose to gather sizable donations to his preferred

Re: Code of conduct and MUAs [was: Re: LGPL module linked with a GPL lib]

2005-08-06 Thread MJ Ray
Francesco Poli [EMAIL PROTECTED] wrote: IIRC, the code of conduct says that the canonical way to ask to be Cc:ed on replies is setting an appropriate Mail-Followup-To: field. Asking the same in the message body (in natural language) is a useful reminder for users of MUAs that do not

Re: LGPL module linked with a GPL lib

2005-08-06 Thread Michael K. Edwards
On 8/6/05, Diego Biurrun [EMAIL PROTECTED] wrote: On Sat, Aug 06, 2005 at 01:15:22AM -0700, Michael K. Edwards wrote: It's controversial to say that RMS is occasionally reported to behave eccentrically? And that being a conference speaker doesn't necessarily stop him? No. But this is

Re: LGPL module linked with a GPL lib

2005-08-04 Thread Michael K. Edwards
I wrote: They're a sidetrack to be sure; but kind of an interesting sidetrack. His personal history and philosophy strike me as more reminiscent of Dominic de Guzman or Benedict of Nursia than any modern figure. In any case, I certainly intended no slur on RMS by that, nor on any participant

Re: LGPL module linked with a GPL lib

2005-08-04 Thread Michael K. Edwards
I wrote: RMS may sincerely believe that the GPL is a successful hack around contract law and the limits courts have imposed on other software copyright holders; but I don't see how a court could possibly agree with him. Not to be paranoid or anything, but a reminder-disclaimer: The GPL

Re: LGPL module linked with a GPL lib

2005-08-04 Thread Bernhard R. Link
* Michael K. Edwards [EMAIL PROTECTED] [050804 04:24]: And I judge your evidence poorly researched. This does not enhance your credibility when you expound at length (and length and length) on legal affairs. That was a good one. It's really interesting that people who show no evidence of

Re: LGPL module linked with a GPL lib

2005-08-04 Thread Raul Miller
On 8/3/05, Michael K. Edwards [EMAIL PROTECTED] wrote: If we can't even manage this issue in the context of a single paragraph, what hope do we have of codifying protection for newly thought up instances of this issue, in law? That would be the reason that the integrity and competence of

Re: LGPL module linked with a GPL lib

2005-08-04 Thread Michael K. Edwards
On 8/4/05, Raul Miller [EMAIL PROTECTED] wrote: Nevertheless, intellectual property is fundamentally different from real property, and the differences, in the general case, make it impossible to determine the boundaries of intellectual property. It's a _little_ more abstract than real property

Re: LGPL module linked with a GPL lib

2005-08-04 Thread Raul Miller
On 8/4/05, Michael K. Edwards [EMAIL PROTECTED] wrote: It's a _little_ more abstract than real property ownership, which is a lot more abstract than possession of a chattel; but it's rather less abstract than, say, ownership of a 401(k) account -- a device where you have limited control of

Re: LGPL module linked with a GPL lib

2005-08-04 Thread Diego Biurrun
Apologies to all innocent bystanders for what has degenerated into an offtopic flamefest. Unfortunately MKE has made some statements directed at myself that I feel I cannot leave unanswered. On Wed, Aug 03, 2005 at 07:24:33PM -0700, Michael K. Edwards wrote: On 8/3/05, Diego Biurrun [EMAIL

Re: LGPL module linked with a GPL lib

2005-08-03 Thread Patrick Herzig
On 8/3/05, Michael K. Edwards [EMAIL PROTECTED] wrote: I wrote: So yes, inquiring minds want to know. And this inquiring mind is now satisfied as to what probably pays RMS's rent lately -- the ~$268K Takeda Award he received in 2001. (You couldn't keep a family in Cambridge for four years

RE: LGPL module linked with a GPL lib

2005-08-03 Thread Humberto Massa Guimarães
** Raul :: On 8/2/05, Michael K. Edwards [EMAIL PROTECTED] wrote: I'm just telling you how it looks to me, and pointing you to where I got what evidence I have so that you can judge for yourself. The FSF is notoriously unforthcoming about their financial dealings, and the cash flows

Re: LGPL module linked with a GPL lib

2005-08-03 Thread Raul Miller
On 8/2/05, Michael K. Edwards [EMAIL PROTECTED] wrote: Mostly I care about the freedom to pursue what is for me both an intellectual interest and a trade, on terms which more or less reflect an accurate perspective on the surrounding law and economics. Misrepresentations and charlatanry draw

Re: LGPL module linked with a GPL lib

2005-08-03 Thread Raul Miller
On 8/3/05, Humberto Massa Guimarães [EMAIL PROTECTED] wrote: IMHO its relevance to d-l is that, if such suspicions are indeed founded, the FSF GPL FAQ should not be taken by face value and that Debian should re-evaluate its position about GPL and linking. Why? Personally, I've quoted this

Re: LGPL module linked with a GPL lib

2005-08-03 Thread Michael K. Edwards
On 8/2/05, Patrick Herzig [EMAIL PROTECTED] wrote: RMS doesn't preach the economic superiority of free software. If you fail to understand even such a well-explained position I wonder what your references to all kinds of precedents and such are worth. You've got a fair point, in that RMS

Re: LGPL module linked with a GPL lib

2005-08-03 Thread Jeff Licquia
On Wed, 2005-07-27 at 14:44 -0700, Michael K. Edwards wrote: How many participants in the KDE/Qt brouhaha actually cited relevant case law? I recall that quite a bit of case law was discussed. Perhaps the debian-legal archives could tell you more. In any case, there's a perfectly good

Re: LGPL module linked with a GPL lib

2005-08-03 Thread Jeff Licquia
On Sat, 2005-07-30 at 03:55 -0700, Michael K. Edwards wrote: Let me try again. Eben Moglen has a J. D. from Yale. He has been admitted to the bar in New York and before the Supreme Court. He has clerked in district court and for Justice Thurgood Marshall. He has held a professorship of law

Re: LGPL module linked with a GPL lib

2005-08-03 Thread Christofer C. Bell
On 8/3/05, Jeff Licquia [EMAIL PROTECTED] wrote: On Sat, 2005-07-30 at 03:55 -0700, Michael K. Edwards wrote: Let me try again. Eben Moglen has a J. D. from Yale. It is. And, from my perspective, it completely destroys your credibility. What makes your opinion more credible than that

Re: LGPL module linked with a GPL lib

2005-08-03 Thread Michael K. Edwards
On 8/3/05, Raul Miller [EMAIL PROTECTED] wrote: On 8/2/05, Michael K. Edwards [EMAIL PROTECTED] wrote: Mostly I care about the freedom to pursue what is for me both an intellectual interest and a trade, on terms which more or less reflect an accurate perspective on the surrounding law and

Re: LGPL module linked with a GPL lib

2005-08-03 Thread Jeff Licquia
On Wed, 2005-08-03 at 13:11 -0700, Michael K. Edwards wrote: On 8/2/05, Patrick Herzig [EMAIL PROTECTED] wrote: RMS doesn't preach the economic superiority of free software. If you fail to understand even such a well-explained position I wonder what your references to all kinds of

Re: LGPL module linked with a GPL lib

2005-08-03 Thread Michael K. Edwards
On 8/3/05, Jeff Licquia [EMAIL PROTECTED] wrote: It could be the case that everyone who disagrees with you whom you think should know better has ulterior motives. However, I think you need to consider the possibility that you simply do not understand the subject matter as well as you think

Re: LGPL module linked with a GPL lib

2005-08-03 Thread Michael K. Edwards
On 8/3/05, Jeff Licquia [EMAIL PROTECTED] wrote: I may not be much in the legal department, but you are now commenting on a field I am trained in. Suffice it to say that you have not thought seriously about the implications of your conflation of ethics and economics--or that if you have, then

Re: LGPL module linked with a GPL lib

2005-08-03 Thread Raul Miller
On 8/3/05, Michael K. Edwards [EMAIL PROTECTED] wrote: You've got a fair point, in that RMS doesn't see his arguments as preaching economic superiority; and certainly many commentators have contrasted RMS's ethical perspective with, say, ESR's economic perspective. I don't entirely agree with

Re: LGPL module linked with a GPL lib

2005-08-03 Thread Michael K. Edwards
On 8/3/05, Jeff Licquia [EMAIL PROTECTED] wrote: In any case, there's a perfectly good argument that for Debian to piss off the FSF is not a good idea whether or not they have a legal leg to stand on. I personally would be ashamed to lend my good name to their conduct in recent years,

RE: LGPL module linked with a GPL lib

2005-08-03 Thread Jeff Licquia
On Wed, 2005-08-03 at 10:52 -0300, Humberto Massa Guimarães wrote: IMHO its relevance to d-l is that, if such suspicions are indeed founded, the FSF GPL FAQ should not be taken by face value and that Debian should re-evaluate its position about GPL and linking. If you can prove that the FSF

Re: LGPL module linked with a GPL lib

2005-08-03 Thread Jeff Licquia
On Wed, 2005-08-03 at 15:21 -0700, Michael K. Edwards wrote: No, I just explained where I was coming from in characterizing RMS's public posture as preach[ing] the economic superiority of the free software system. How you can call this an attempt to shut down the debate is beyond me. If you

Re: LGPL module linked with a GPL lib

2005-08-03 Thread Michael K. Edwards
On 8/3/05, Raul Miller [EMAIL PROTECTED] wrote: I think his point is that because of the nature of ideas -- that they don't exist in and of themselves, but are abstracts used to describe communication between people -- that it's impossible to codify property rights protecting them. There will

Re: LGPL module linked with a GPL lib

2005-08-03 Thread Diego Biurrun
On Tue, Aug 02, 2005 at 01:40:42PM -0700, Michael K. Edwards wrote: On 8/2/05, Diego Biurrun [EMAIL PROTECTED] wrote: That RMS gets paid for all the speeches he gives would indeed be news. I have first-hand knowledge that he follows invitations to speak about free software when provided

Re: LGPL module linked with a GPL lib

2005-08-03 Thread Michael K. Edwards
On 8/3/05, Jeff Licquia [EMAIL PROTECTED] wrote: I consider it a grievous error to claim that RMS preach[es] the economic superiority of the free software system. You were not calling for an inquiry of any kind in that statement; you were simply snarking. And you were called out for making an

Re: LGPL module linked with a GPL lib

2005-08-03 Thread Raul Miller
On 8/3/05, Michael K. Edwards [EMAIL PROTECTED] wrote: On 8/3/05, Raul Miller [EMAIL PROTECTED] wrote: I think his point is that because of the nature of ideas -- that they don't exist in and of themselves, but are abstracts used to describe communication between people -- that it's

Re: LGPL module linked with a GPL lib

2005-08-03 Thread Michael K. Edwards
On 8/3/05, Diego Biurrun [EMAIL PROTECTED] wrote: That would again be news to me. I've just given two talks at LinuxTag (the biggest Linux-related event in Europe) and all I got was two nights in a hotel room. That's what all the speakers get, some do get part of or all of their travel

Re: LGPL module linked with a GPL lib

2005-08-03 Thread Michael K. Edwards
On 8/3/05, Raul Miller [EMAIL PROTECTED] wrote: There's probably a lesson in here somewhere. information is also a term used to describe how people communicate. Indeed, among other things; and it is a term sufficiently broad and vague as to have very little utility in law. You try to draw

Re: LGPL module linked with a GPL lib

2005-08-02 Thread Diego Biurrun
On Wed, Jul 27, 2005 at 04:04:34PM -0700, Michael K. Edwards wrote: Although I have no personal knowledge on the financial side, it certainly looks to me like it has made them both rich men. Little snippets in the public record -- Jim Blandy's comment at http://www.jwz.org/doc/lemacs.html

Re: LGPL module linked with a GPL lib

2005-08-02 Thread Michael K. Edwards
On 8/2/05, Diego Biurrun [EMAIL PROTECTED] wrote: That RMS gets paid for all the speeches he gives would indeed be news. I have first-hand knowledge that he follows invitations to speak about free software when provided free travel and lodging. Do you know the numbers? As I wrote, I don't.

Re: LGPL module linked with a GPL lib

2005-08-02 Thread Raul Miller
On 8/2/05, Michael K. Edwards [EMAIL PROTECTED] wrote: I'm just telling you how it looks to me, and pointing you to where I got what evidence I have so that you can judge for yourself. The FSF is notoriously unforthcoming about their financial dealings, and the cash flows involved are not

Re: LGPL module linked with a GPL lib

2005-08-02 Thread Michael K. Edwards
I wrote: There's a lot of money to be made in this area (although it's a pretty hard life if you have close friends and like your home); and if RMS had a way of laundering the money (don't give it to me; but donate to the FSF if you like) so as to appear saintly, he wouldn't be the

Re: LGPL module linked with a GPL lib

2005-08-02 Thread Michael K. Edwards
On 8/2/05, Raul Miller [EMAIL PROTECTED] wrote: On 8/2/05, Michael K. Edwards [EMAIL PROTECTED] wrote: I'm just telling you how it looks to me, and pointing you to where I got what evidence I have so that you can judge for yourself. The FSF is notoriously unforthcoming about their

Re: LGPL module linked with a GPL lib

2005-08-02 Thread Michael K. Edwards
I wrote: So yes, inquiring minds want to know. And this inquiring mind is now satisfied as to what probably pays RMS's rent lately -- the ~$268K Takeda Award he received in 2001. (You couldn't keep a family in Cambridge for four years on that, but RMS doesn't have that problem.) Me, I'd be

Re: LGPL module linked with a GPL lib

2005-07-31 Thread Michael K. Edwards
I wrote: The contributory / direct infringement difference is kind of interesting from a tactical point of view ... followed by some discussion about the Micro Star opinion that was more inarticulate than usual. The point I was trying to make, in sentences of 25 words or less: The important

Re: LGPL module linked with a GPL lib

2005-07-31 Thread Diego Biurrun
On Sat, Jul 30, 2005 at 11:30:15AM -0700, Michael K. Edwards wrote: On 7/30/05, Francesco Poli [EMAIL PROTECTED] wrote: Well, let's say Almost All Rights Reserved. Anyway, it's still really far away from a DFSG-free document: that's basically what I meant... Oddly enough, there is some

Re: LGPL module linked with a GPL lib

2005-07-31 Thread Raul Miller
On 7/30/05, Michael K. Edwards [EMAIL PROTECTED] wrote: On 7/30/05, Raul Miller [EMAIL PROTECTED] wrote: I count four issues the judge considered, with a bit of detail on each of those issues. I didn't say six issues. I said six reasons why it would be inappropriate to grant a

Re: LGPL module linked with a GPL lib

2005-07-31 Thread Francesco Poli
On Sun, 31 Jul 2005 14:11:15 +0200 Diego Biurrun wrote: On Sat, Jul 30, 2005 at 11:30:15AM -0700, Michael K. Edwards wrote: On 7/30/05, Francesco Poli [EMAIL PROTECTED] wrote: Well, let's say Almost All Rights Reserved. Anyway, it's still really far away from a DFSG-free document:

Re: LGPL module linked with a GPL lib

2005-07-31 Thread Michael K. Edwards
On 7/31/05, Francesco Poli [EMAIL PROTECTED] wrote: Maybe a license that fits Michael's needs, but definitely *not* a DFSG-free one: unfortunately, at the moment, there are no CC licenses that comply with the DFSG... I do not, at present, need a license at all; I am perfectly content with the

Re: LGPL module linked with a GPL lib

2005-07-30 Thread Raul Miller
On 7/28/05, Humberto Massa Guimarães [EMAIL PROTECTED] wrote: Strawman? Fact: the creation of a derivative work is the application of some transformation on the original work. The above snippet (which isn't even copyrightable, for its sheer size and the necessity of expressing the

Re: LGPL module linked with a GPL lib

2005-07-30 Thread Raul Miller
GPL violators appear to face several potential penalties: On 7/28/05, Michael Poole [EMAIL PROTECTED] wrote: Potential penalties are irrelevant to my question. You assume a priori that such linking is a violation of the GPL. My question was why that assumption is valid. As I explained

Re: LGPL module linked with a GPL lib

2005-07-30 Thread Raul Miller
On 7/28/05, Humberto Massa Guimarães [EMAIL PROTECTED] wrote: The only good answer people in d-l gave me to the question: why is the assumption that such linking is a violation of the GPL valid? is because Eben Moglen said so in the GPL FAQ, and he is a law teacher, so it must be true. If

Re: LGPL module linked with a GPL lib

2005-07-30 Thread Raul Miller
On 7/28/05, Michael K. Edwards [EMAIL PROTECTED] wrote: On 7/28/05, Raul Miller [EMAIL PROTECTED] wrote: I don't think that the point is that people would be going to jail for violating the GPL. Violating the GPL doesn't mean anything. Yes it does -- it means actions in the context of a

Re: LGPL module linked with a GPL lib

2005-07-30 Thread Raul Miller
On 7/28/05, Michael K. Edwards [EMAIL PROTECTED] wrote: On 7/28/05, Raul Miller [EMAIL PROTECTED] wrote: For example, take Progress v. MySql -- here, the stop distribution penalty was not used in part because Progress didn't have anything else -- it would have been destroyed by this

Re: LGPL module linked with a GPL lib

2005-07-30 Thread Michael K. Edwards
On 7/30/05, Raul Miller [EMAIL PROTECTED] wrote: I count four issues the judge considered, with a bit of detail on each of those issues. I didn't say six issues. I said six reasons why it would be inappropriate to grant a preliminary injunction for breach of the GPL terms, any one of which

Re: LGPL module linked with a GPL lib

2005-07-30 Thread Ken Arromdee
On Fri, 29 Jul 2005, Michael K. Edwards wrote: If the GPL lets the user do it, it isn't infringement at all. You can't have contributory infringement if there's no infringement. The GPL is not a new copyright statute with the power to override the meaning of infringement, nor do its

Code of conduct and MUAs [was: Re: LGPL module linked with a GPL lib]

2005-07-30 Thread Francesco Poli
On Fri, 29 Jul 2005 13:07:00 -0700 Michael K. Edwards wrote: On 7/29/05, Francesco Poli [EMAIL PROTECTED] wrote: [...] P.S.: please do not reply to me directly, while Cc:ing the list, as I didn't ask you to do so... since I'm a debian-legal subscriber, I'd rather not receive messages

Re: LGPL module linked with a GPL lib

2005-07-30 Thread Francesco Poli
On Fri, 29 Jul 2005 13:07:00 -0700 Michael K. Edwards wrote: On 7/29/05, Francesco Poli [EMAIL PROTECTED] wrote: In other words, All Rights Reserved... :-( I did say that I would be happy to give you advance permission to circulate a reasonable number of copies privately, which would

Re: LGPL module linked with a GPL lib

2005-07-30 Thread Michael K. Edwards
On 7/30/05, Francesco Poli [EMAIL PROTECTED] wrote: Well, let's say Almost All Rights Reserved. Anyway, it's still really far away from a DFSG-free document: that's basically what I meant... Oddly enough, there is some useful knowledge out there that is not currently available in a DFSG-free

Re: LGPL module linked with a GPL lib

2005-07-30 Thread Michael K. Edwards
On 7/30/05, Ken Arromdee [EMAIL PROTECTED] wrote: By this reasoning, if linking is normally a breach of rights, I could give you some BSD licensed software and do exactly the same thing. I am estopped from suing you for linking with my BSD software, but I can still prevent other people from

Re: LGPL module linked with a GPL lib

2005-07-29 Thread Andrew Suffield
On Thu, Jul 28, 2005 at 09:19:15AM -0700, Ken Arromdee wrote: On Thu, 28 Jul 2005, Andrew Suffield wrote: Anyway, the person who recombines the film and track, in the case of dynamic linking, is the *USER*, in the process of using the program, and copyrights protection do not apply at

Re: LGPL module linked with a GPL lib

2005-07-29 Thread Andrew Suffield
On Thu, Jul 28, 2005 at 08:04:40AM -0400, Michael Poole wrote: Andrew Suffield writes: On Wed, Jul 27, 2005 at 02:42:35PM -0300, Humberto Massa Guimar?es wrote: Static linking can *not* create a derived work, because it is an automatic process. Poster case: is hello, generated from

Re: LGPL module linked with a GPL lib

2005-07-29 Thread Ken Arromdee
On Thu, 28 Jul 2005, Michael K. Edwards wrote: But that doesn't apply in the case of automatic systems for users to do the link. The GPL allows users to do what they want privately, so the users aren't performing infringing acts themselves. While Andrew's parallel to Grokster is IMHO

Re: LGPL module linked with a GPL lib

2005-07-29 Thread Francesco Poli
On Thu, 28 Jul 2005 17:06:58 -0700 Michael K. Edwards wrote: On 7/28/05, Francesco Poli [EMAIL PROTECTED] wrote: What do you mean freely available? Should I request a copy, which license would you send it under? None whatsoever. :-) Just like sending you a paper copy in the mail, with

Re: LGPL module linked with a GPL lib

2005-07-29 Thread Michael K. Edwards
On 7/29/05, Ken Arromdee [EMAIL PROTECTED] wrote: While that's true, the right of users to link the software in private isn't a personal-use safe harbor--it's explicitly allowed by the GPL. If the GPL lets the user do it, it isn't infringement at all. You can't have contributory

Re: LGPL module linked with a GPL lib

2005-07-29 Thread Michael K. Edwards
On 7/29/05, Francesco Poli [EMAIL PROTECTED] wrote: In other words, All Rights Reserved... :-( I did say that I would be happy to give you advance permission to circulate a reasonable number of copies privately, which would leave me with no recourse against you unless you set out to

Re: LGPL module linked with a GPL lib

2005-07-28 Thread Andrew Suffield
On Wed, Jul 27, 2005 at 02:42:35PM -0300, Humberto Massa Guimar?es wrote: Static linking can *not* create a derived work, because it is an automatic process. Poster case: is hello, generated from hello.c: #include stdio.h int main(int argc, char** argv) { printf(Hello\n);

Re: LGPL module linked with a GPL lib

2005-07-28 Thread Michael Poole
Andrew Suffield writes: On Wed, Jul 27, 2005 at 02:42:35PM -0300, Humberto Massa Guimar?es wrote: Static linking can *not* create a derived work, because it is an automatic process. Poster case: is hello, generated from hello.c: #include stdio.h int main(int argc, char** argv) {

Re: LGPL module linked with a GPL lib

2005-07-28 Thread Ken Arromdee
On Thu, 28 Jul 2005, Andrew Suffield wrote: Anyway, the person who recombines the film and track, in the case of dynamic linking, is the *USER*, in the process of using the program, and copyrights protection do not apply at that moment, as per 17USC. You Are Wrong. Under US law, this is

Re: LGPL module linked with a GPL lib

2005-07-28 Thread Raul Miller
On 7/28/05, Michael Poole [EMAIL PROTECTED] wrote: What statute or case law supports this position? Comparison to Grokster et al doesn't hold, for reasons that should have been obvious: The GPL explicitly allows a user to use and modify code in any way the user sees appropriate; section 2

Re: LGPL module linked with a GPL lib

2005-07-28 Thread Raul Miller
On 7/27/05, Humberto Massa Guimarães [EMAIL PROTECTED] wrote: Static linking can *not* create a derived work, because it is an automatic process. Poster case: is hello, generated from hello.c: #include stdio.h int main(int argc, char** argv) { printf(Hello\n); return 0; }

Re: LGPL module linked with a GPL lib

2005-07-28 Thread Raul Miller
On 7/27/05, Michael K. Edwards [EMAIL PROTECTED] wrote: Whether or not that agreement purports to bind a developer in ways that copyright law does not, there are limits to what terms a court will permit in a contract of adhesion. Agreed. Then again, the penalties I'd expect the court to

Re: LGPL module linked with a GPL lib

2005-07-28 Thread Humberto Massa Guimarães
** Raul Miller :: On 7/27/05, Humberto Massa Guimarães [EMAIL PROTECTED] wrote: Static linking can *not* create a derived work, because it is an automatic process. Poster case: is hello, generated from hello.c: #include stdio.h int main(int argc, char** argv) {

Re: LGPL module linked with a GPL lib

2005-07-28 Thread Michael Poole
Raul Miller writes: On 7/28/05, Michael Poole [EMAIL PROTECTED] wrote: What statute or case law supports this position? Comparison to Grokster et al doesn't hold, for reasons that should have been obvious: The GPL explicitly allows a user to use and modify code in any way the user sees

Re: LGPL module linked with a GPL lib

2005-07-28 Thread Humberto Massa Guimarães
** Michael Poole :: Potential penalties are irrelevant to my question. You assume a priori that such linking is a violation of the GPL. My question was why that assumption is valid. As I explained above, his citation of case law does not fit the facts. The only good answer people in d-l

Re: LGPL module linked with a GPL lib

2005-07-28 Thread Michael K. Edwards
On 7/28/05, Raul Miller [EMAIL PROTECTED] wrote: I don't think that the point is that people would be going to jail for violating the GPL. Violating the GPL doesn't mean anything. The GPL is not a statute. It's just an offer of contract. The only way to enforce it is for a party with

Re: LGPL module linked with a GPL lib

2005-07-28 Thread Michael K. Edwards
On 7/28/05, Ken Arromdee [EMAIL PROTECTED] wrote: On Thu, 28 Jul 2005, Andrew Suffield wrote: You Are Wrong. Under US law, this is Contributory Infringement, which carries a full array of jail terms. SCOTUS just upheld it against Grokster a few weeks ago. Providing an automated system for

Re: LGPL module linked with a GPL lib

2005-07-28 Thread Michael K. Edwards
On 7/28/05, Raul Miller [EMAIL PROTECTED] wrote: For example, take Progress v. MySql -- here, the stop distribution penalty was not used in part because Progress didn't have anything else -- it would have been destroyed by this penalty. And, Progress had agreed in court to release their

Re: LGPL module linked with a GPL lib

2005-07-28 Thread Francesco Poli
On Wed, 27 Jul 2005 16:04:34 -0700 Michael K. Edwards wrote: On 7/27/05, Jeff Licquia [EMAIL PROTECTED] wrote: Excuse me for asking, but why is this monograph not freely available? Surely, as a non-lawyer, you have no hope of profiting from it, and having a succint, linkable statement of

Re: LGPL module linked with a GPL lib

2005-07-28 Thread Michael K. Edwards
On 7/28/05, Francesco Poli [EMAIL PROTECTED] wrote: What do you mean freely available? Should I request a copy, which license would you send it under? None whatsoever. :-) Just like sending you a paper copy in the mail, with no obligation of confidentiality as such; the copy is yours, feel

Re: LGPL module linked with a GPL lib

2005-07-27 Thread Humberto Massa Guimarães
** Jeff Licquia :: On Tue, 2005-07-26 at 11:14 -0300, Humberto Massa Guimarães wrote: I find this discussion ultimately absurd. Debian is *not* distributing a derivative work. Debian does *not* distribute a work that includes both plugins/libraries. The fact that the things are

Re: LGPL module linked with a GPL lib

2005-07-27 Thread Jeff Licquia
On Wed, 2005-07-27 at 10:05 -0300, Humberto Massa Guimarães wrote: First of all, Debian GNU/Linux is *NOT* a derivative work of OpenSSL, GStreamer, nor any of its plugins. A derivative work has a definition in the statute (in the US case, 17USC). Hmm. I suppose this is part and parcel of the

Re: LGPL module linked with a GPL lib

2005-07-27 Thread Humberto Massa Guimarães
** Jeff Licquia :: On Wed, 2005-07-27 at 10:05 -0300, Humberto Massa Guimarães wrote: First of all, Debian GNU/Linux is *NOT* a derivative work of OpenSSL, GStreamer, nor any of its plugins. A derivative work has a definition in the statute (in the US case, 17USC). Hmm. I suppose this

Re: LGPL module linked with a GPL lib

2005-07-27 Thread Michael K. Edwards
On 7/27/05, Jeff Licquia [EMAIL PROTECTED] wrote: On Wed, 2005-07-27 at 10:05 -0300, Humberto Massa Guimarães wrote: First of all, Debian GNU/Linux is *NOT* a derivative work of OpenSSL, GStreamer, nor any of its plugins. A derivative work has a definition in the statute (in the US case,

Re: LGPL module linked with a GPL lib

2005-07-27 Thread Jeff Licquia
On Wed, 2005-07-27 at 14:42 -0300, Humberto Massa Guimarães wrote: ** Jeff Licquia :: On Wed, 2005-07-27 at 10:05 -0300, Humberto Massa Guimarães wrote: First of all, Debian GNU/Linux is *NOT* a derivative work of OpenSSL, GStreamer, nor any of its plugins. A derivative work has a

Re: LGPL module linked with a GPL lib

2005-07-27 Thread Jeff Licquia
On Wed, 2005-07-27 at 12:00 -0700, Michael K. Edwards wrote: The message to which I pointed you has a link back into the main fray (threads with titles like Urgently need GPL compatible libsnmp5-dev replacement, GPL and linking, and What makes software copyrightable anyway?). I've put

Re: LGPL module linked with a GPL lib

2005-07-27 Thread Michael K. Edwards
On 7/27/05, Jeff Licquia [EMAIL PROTECTED] wrote: Does such compilation in itself give Debian any rights on its own, or is the compilation seen as non-copyrightable? The collective work (special case of compilation) that is a Debian CD is copyrightable. The copyright covers the creative

Re: LGPL module linked with a GPL lib

2005-07-27 Thread Michael K. Edwards
On 7/27/05, Jeff Licquia [EMAIL PROTECTED] wrote: Excuse me for asking, but why is this monograph not freely available? Surely, as a non-lawyer, you have no hope of profiting from it, and having a succint, linkable statement of your arguments would do wonders for preventing such go-arounds as

Re: LGPL module linked with a GPL lib

2005-07-26 Thread Andrew Suffield
On Mon, Jul 25, 2005 at 09:17:25AM -0500, Jeff Licquia wrote: On Mon, 2005-07-25 at 11:59 +0200, Loïc Minier wrote: GStreamer's build process builds separate binaries for the various plugins, these are then dlopened when requested. I would personnally think that installing only

Re: LGPL module linked with a GPL lib

2005-07-26 Thread Loïc Minier
Hi, On Mon, Jul 25, 2005, Jeff Licquia wrote: From the GPL: Activities other than copying, distribution and modification are not covered by this License; they are outside its scope. The act of running the Program is not restricted... So the particular details of how things are

Re: LGPL module linked with a GPL lib

2005-07-26 Thread Humberto Massa Guimarães
** Loïc Minier :: Hi, On Mon, Jul 25, 2005, Jeff Licquia wrote: From the GPL: Activities other than copying, distribution and modification are not covered by this License; they are outside its scope. The act of running the Program is not restricted... So the particular

Re: LGPL module linked with a GPL lib

2005-07-26 Thread Michael Poole
Jeff Licquia writes: On Tue, 2005-07-26 at 11:14 -0300, Humberto Massa Guimarães wrote: I find this discussion ultimately absurd. Debian is *not* distributing a derivative work. Debian does *not* distribute a work that includes both plugins/libraries. The fact that the things are

Re: LGPL module linked with a GPL lib

2005-07-26 Thread Michael K. Edwards
On 7/26/05, Michael Poole [EMAIL PROTECTED] wrote: [snip] A compilation or collective work under US law is not necessarily a derivative work of any of its components. The GPL's use of derivative and derived is fuzzy in this sense, which is one reason the terms from copyright law are used more

Re: LGPL module linked with a GPL lib

2005-07-26 Thread Michael K. Edwards
I wrote: ... only those few d-l participants with actual legal credentials seem to agree with me ... Er, that overreaches a bit in both directions; sorry. I'm more strident on the topic than the people with credentials are, and there are certainly other d-l regulars who question the FSF FAQ's

Re: LGPL module linked with a GPL lib

2005-07-25 Thread Loïc Minier
Hi, I agree with most of what you said, except I'd like clarification on this part: On Sun, Jul 24, 2005, Jeff Licquia wrote: The copyright of the rest of GStreamer depends on how it's distributed. In Debian, it's clear that GStreamer is distributed with MAD support, which makes its

Re: LGPL module linked with a GPL lib

2005-07-25 Thread Jeff Licquia
On Mon, 2005-07-25 at 11:59 +0200, Loïc Minier wrote: GStreamer's build process builds separate binaries for the various plugins, these are then dlopened when requested. I would personnally think that installing only Debian's GStreamer packages that are linked to LGPL libraries doesn't

Re: LGPL module linked with a GPL lib

2005-07-24 Thread Jeff Licquia
On Sun, 2005-07-24 at 20:50 +0200, Loïc Minier wrote: The GStreamer suite ships a lot of plugins which are dlopened() when needed. Some of them link with GPL libraries. I received a bug report (#317129) to change the copyright files of libgstreamer0.8-0 and gstreamer0.8-mad to GPL.