Re: Question about a custom license from dictconfig

2014-08-27 Thread MJ Ray
Riley Baird wrote:
 My intuition would tell me that other people named Vinay Sajip would not
 be able to use their name in advertising or publicity pertaining to the
 software. However, this same logic would also apply to everything
 written under 3-clause BSD, the only difference being that the names
 that you are not allowed to use are not expressly stated.

With BSD's slightly better wording, I think you could use your own name
even if it was the same as the name of an earlier author, as long as you
made it clear that it was your name and not that other author.

I probably worry too much about this because of my past.  If it's
already in debian, then I'd not worry about this further for now unless
there's a clear consensus.  There are far bigger problems about.

 Also, how does not allowing the usage of a name in advertising make it
 non-DFSG free?

Discrimination against named persons fails DFSG 5 for sure, doesn't it?

It might also fail 1 or 3 because it seems like the reverse of licences
that REQUIRE authors to disclose their names, which I think have been
widely regarded as failing to meet DFSG and even gave rise to the
Dissident Test.

Hope that explains,
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http://koha-community.org supporter, web and library systems developer.
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Re: Question about a custom license from dictconfig

2014-08-27 Thread Riley Baird
 Also, how does not allowing the usage of a name in advertising make it
 non-DFSG free?
 
 Discrimination against named persons fails DFSG 5 for sure, doesn't it?
 
 It might also fail 1 or 3 because it seems like the reverse of licences
 that REQUIRE authors to disclose their names, which I think have been
 widely regarded as failing to meet DFSG and even gave rise to the
 Dissident Test.
 
 Hope that explains,

Okay, good point. I'll write to Vinay Sajip and ask him to relicense his
work.


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Re: Question about a custom license from dictconfig

2014-08-26 Thread MJ Ray
Dariusz Dwornikowski wrote:
 I encountered this license while packaging (as in this file [1]). My
 questions is, what type of license is it, and is it DFSG compatible ?
 
 Please CC me, I am not on the list. 
 
 [1] 
 https://bitbucket.org/vinay.sajip/dictconfig/raw/53b3c32dea4694cd3fb2f14b3159d66d3da10bc0/src/dictconfig.py

This looks close enough to MIT/Expat-style licensing that most of it
seems to meet the DFSG.

The only thing I'm not sure about is whether it's OK for other people
also called Vinay Sajip to release changes under their own name.
Anyone know?  If not, then it fails DFSG.

Do you know whether the author would consider switching to MIT/Expat or
zlib wording?  They're linked from http://www.debian.org/legal/licenses/

# Copyright 2009-2010 by Vinay Sajip. All Rights Reserved.
#
# Permission to use, copy, modify, and distribute this software and its
# documentation for any purpose and without fee is hereby granted,
# provided that the above copyright notice appear in all copies and that
# both that copyright notice and this permission notice appear in
# supporting documentation, and that the name of Vinay Sajip
# not be used in advertising or publicity pertaining to distribution
# of the software without specific, written prior permission.
# VINAY SAJIP DISCLAIMS ALL WARRANTIES WITH REGARD TO THIS SOFTWARE,
INCLUDING
# ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS. IN NO EVENT SHALL
# VINAY SAJIP BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL
DAMAGES OR
# ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS,
WHETHER
# IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT
# OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS SOFTWARE.

CC'd as requested.

-- 
MJ Ray (slef), member of www.software.coop, a for-more-than-profit co-op
http://koha-community.org supporter, web and library systems developer.
In My Opinion Only: see http://mjr.towers.org.uk/email.html
Available for hire (including development) at http://www.software.coop/


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Re: Question about a custom license from dictconfig

2014-08-26 Thread Dariusz Dwornikowski
On 26.08.14 15:44:44, MJ Ray wrote:
 Dariusz Dwornikowski wrote:
  I encountered this license while packaging (as in this file [1]). My
  questions is, what type of license is it, and is it DFSG compatible ?
  
  Please CC me, I am not on the list. 
  
  [1] 
  https://bitbucket.org/vinay.sajip/dictconfig/raw/53b3c32dea4694cd3fb2f14b3159d66d3da10bc0/src/dictconfig.py
 
 This looks close enough to MIT/Expat-style licensing that most of it
 seems to meet the DFSG.
 
 The only thing I'm not sure about is whether it's OK for other people
 also called Vinay Sajip to release changes under their own name.
 Anyone know?  If not, then it fails DFSG.
 
 Do you know whether the author would consider switching to MIT/Expat or
 zlib wording?  They're linked from http://www.debian.org/legal/licenses/

I found this file in ryu SDN controller, they include the file I
linked as a part of their source, so I have no contact with Vinay
Sajip. 

-- 
Dariusz Dwornikowski, 
  Institute of Computing Science, Poznań University of Technology
  www.cs.put.poznan.pl/ddwornikowski/  
  room 2.7.2 BTiCW | tel. +48 61 665 29 41


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Re: Question about a custom license from dictconfig

2014-08-26 Thread Jonathan Paugh

On 08/26/2014 10:03 AM, Dariusz Dwornikowski wrote:
 On 26.08.14 15:44:44, MJ Ray wrote:
 Dariusz Dwornikowski wrote:
 I encountered this license while packaging (as in this file [1]). My
 questions is, what type of license is it, and is it DFSG compatible ?

 Please CC me, I am not on the list. 

 [1] 
 https://bitbucket.org/vinay.sajip/dictconfig/raw/53b3c32dea4694cd3fb2f14b3159d66d3da10bc0/src/dictconfig.py
 This looks close enough to MIT/Expat-style licensing that most of it
 seems to meet the DFSG.
 The only thing I'm not sure about is whether it's OK for other people
 also called Vinay Sajip to release changes under their own name.
 Anyone know?  If not, then it fails DFSG.
I doubt that a conflict of two persons' names would cause conflict here
(any more than it does in Copyright statements, or for licenses for
other works. I imagine that whatever ambiguity strategy (or
lack-thereof) that is already applied to licenses in general would apply
the same way here.  But, IANAL.

However, it looks to me that only persons named Vinay Sajip are
protected by the warranty disclaimer! What a shame! Would it be
acceptable to add an additional disclaimer, by copying the current one
and replacing VINAY SAJIP with THE AUTHORS?

Regards,
Jonathan

 Do you know whether the author would consider switching to MIT/Expat or
 zlib wording?  They're linked from http://www.debian.org/legal/licenses/
 I found this file in ryu SDN controller, they include the file I
 linked as a part of their source, so I have no contact with Vinay
 Sajip. 



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Re: Question about a custom license from dictconfig

2014-08-26 Thread Charles Plessy
Le Tue, Aug 26, 2014 at 03:44:02PM +0100, MJ Ray a écrit :
 Dariusz Dwornikowski wrote:
  I encountered this license while packaging (as in this file [1]). My
  questions is, what type of license is it, and is it DFSG compatible ?
  
  Please CC me, I am not on the list. 
  
  [1] 
  https://bitbucket.org/vinay.sajip/dictconfig/raw/53b3c32dea4694cd3fb2f14b3159d66d3da10bc0/src/dictconfig.py
 
 This looks close enough to MIT/Expat-style licensing that most of it
 seems to meet the DFSG.
 
 The only thing I'm not sure about is whether it's OK for other people
 also called Vinay Sajip to release changes under their own name.
 Anyone know?  If not, then it fails DFSG.

Hello everybody,

non-advertisement clauses are very frequent and I have not seen that they
cause a problem.  Also, the license in question is already present in a
large number of files in Debian.

http://codesearch.debian.net/search?prev=q=the+name+of+Vinay+Sajip

Have a nice day,

-- 
Charles Plessy
Tsurumi, Kanagawa, Japan


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Re: Question about a custom license from dictconfig

2014-08-26 Thread Riley Baird
 The only thing I'm not sure about is whether it's OK for other people
 also called Vinay Sajip to release changes under their own name.
 Anyone know?  If not, then it fails DFSG.

Here is the problematic text:

the name of Vinay Sajip not be used in advertising or publicity
pertaining to distribution of the software without specific, written
prior permission.

Compare this to 3-clause BSD:

Neither the name of the copyright holder nor the names of its
contributors may be used to endorse or promote products derived from
this software without specific prior written permission.

My intuition would tell me that other people named Vinay Sajip would not
be able to use their name in advertising or publicity pertaining to the
software. However, this same logic would also apply to everything
written under 3-clause BSD, the only difference being that the names
that you are not allowed to use are not expressly stated.

Also, how does not allowing the usage of a name in advertising make it
non-DFSG free?

 Do you know whether the author would consider switching to MIT/Expat or
 zlib wording?  They're linked from http://www.debian.org/legal/licenses/
 
 I found this file in ryu SDN controller, they include the file I
 linked as a part of their source, so I have no contact with Vinay
 Sajip. 

You might be able to contact them. From a quick search, he's an active
stack overflow member: http://stackoverflow.com/users/118903/vinay-sajip


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Re: Question about a custom license from dictconfig

2014-08-26 Thread Dariusz Dwornikowski
 non-advertisement clauses are very frequent and I have not seen that they
 cause a problem.  Also, the license in question is already present in a
 large number of files in Debian.
 
 http://codesearch.debian.net/search?prev=q=the+name+of+Vinay+Sajip
 

Just a side effect, I noticed that xen did not include Vinay Sajip
license in their d/copyright. :)

-- 
Dariusz Dwornikowski, 
  Institute of Computing Science, Poznań University of Technology
  www.cs.put.poznan.pl/ddwornikowski/  
  room 2.7.2 BTiCW | tel. +48 61 665 29 41


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