Four license questions that affect commercial use of Cygwin

2009-09-29 Thread Luke Kendall
The URL http://cygwin.com/licensing.html (in summary) says that most 
Cygwin software is licensed under GNU GPL, X11 copyright (not sure how 
that's a license), and some are public domain.


I'm just wondering what's the recommended way to check that use of 
Cygwin internally at a company (no re-distribution) complies with all 
the licenses.


Obviously, if Cygwin (Red Hat?) provided answers to the above questions, 
it would save an enormous amount of repeated legal work. (N hours per 
license per company that uses Cygwin.)


1. Is there a complete list of all the licenses used by all the packages 
(rather than the above broad statement about an incomplete set of the 
licenses)?


2. Do you provide a statement that the licenses are compatible with each 
other?


3. Do you provide a statement that no package is licensed under terms 
that disallow commercial use?


4. Does each package have a license?  (If not, I don't understand how 
someone could legally use it - is there some implied license if none is 
provided?)


To be fair, apart from a Yes to question 2 for Debian/Ubuntu, I don't 
know the answers to questions 1, 3  4 for Linux distributions, either.


Hopefully,

luke

--
Problem reports:   http://cygwin.com/problems.html
FAQ:   http://cygwin.com/faq/
Documentation: http://cygwin.com/docs.html
Unsubscribe info:  http://cygwin.com/ml/#unsubscribe-simple



Re: Four license questions that affect commercial use of Cygwin

2009-09-29 Thread Corinna Vinschen
On Sep 29 19:18, Luke Kendall wrote:
 The URL http://cygwin.com/licensing.html (in summary) says that most  
 Cygwin software is licensed under GNU GPL, X11 copyright (not sure how  
 that's a license), and some are public domain.

 I'm just wondering what's the recommended way to check that use of  
 Cygwin internally at a company (no re-distribution) complies with all  
 the licenses.

 Obviously, if Cygwin (Red Hat?) provided answers to the above questions,  
 it would save an enormous amount of repeated legal work. (N hours per  
 license per company that uses Cygwin.)

First of all, it might depend on the selection of packages you made
since, obviously, licenses of packages which you don't use are no
concern for you.

So, sure, Red Hat *could* do that, but that would mean to take over
responsibility for something which is in the responsibility of the user
in the first place.  Eventually only a lawyer can make sure you comply,
but, apart from the responsibility, the job of a lawyer isn't exactly
for free.  So this is a job to redirect to *your* legal department.

A list of licenses used in Cygwin packages is in the cygwin-docs
package, plus, every package with a non-standard license typically
provides it under /usr/share/doc/packagename.  However, there's no
guarantee that the list is complete.

As for licenses with commercial exceptions, personally (IANAL, and I'm
not speaking for Red Hat, nor for the Cygwin community at large, nor did
I actually search for it) I think there is none in the distro, except
for the Cygwin license itself.  And that only applies to exceptions from
the GPL.

Other than that, licensing questions should better go to the
cygwin-licensing mailing list.


Corinna

-- 
Corinna Vinschen  Please, send mails regarding Cygwin to
Cygwin Project Co-Leader  cygwin AT cygwin DOT com
Red Hat

--
Problem reports:   http://cygwin.com/problems.html
FAQ:   http://cygwin.com/faq/
Documentation: http://cygwin.com/docs.html
Unsubscribe info:  http://cygwin.com/ml/#unsubscribe-simple



Re: Four license questions that affect commercial use of Cygwin

2009-09-29 Thread Luke Kendall

Corinna Vinschen wrote:

On Sep 29 19:18, Luke Kendall wrote:
The URL http://cygwin.com/licensing.html (in summary) says that most  
Cygwin software is licensed under GNU GPL, X11 copyright (not sure how  
that's a license), and some are public domain.


I'm just wondering what's the recommended way to check that use of  
Cygwin internally at a company (no re-distribution) complies with all  
the licenses.


Obviously, if Cygwin (Red Hat?) provided answers to the above questions,  
it would save an enormous amount of repeated legal work. (N hours per  
license per company that uses Cygwin.)


First of all, it might depend on the selection of packages you made
since, obviously, licenses of packages which you don't use are no
concern for you.


Of course.  But assuming one chooses to install everything ...

Um, and assuming that we found a list of packages that had no licenses, 
and a list of packages with licenses that we can't accept, is there any 
way to supply setup with a pre-defined list of packages to include or 
exclude?  Or would everyone installing Cygwin at our company have to 
read through a list of disallowed-by-our-company packages and deselect 
each one (after first clicking on All)?



So, sure, Red Hat *could* do that, but that would mean to take over
responsibility for something which is in the responsibility of the user
in the first place.  Eventually only a lawyer can make sure you comply,
but, apart from the responsibility, the job of a lawyer isn't exactly
for free.  So this is a job to redirect to *your* legal department.


I don't think my four questions asked for legal advice, they were about 
asking if someone had done the groundwork to enable legal checks to be 
of only normal difficulty.  By that I mean, normally you get the 
license(s) text, you don't have to hunt for that.


As an engineer, it seems inefficient if every company that wants to use 
Cygwin first has to spend several days/weeks finding all the licenses 
across 2000(?) packages, distilling the license files down into a set, 
find any that forbid commercial use, checking that the remaining 
licenses are compatible with each other, and *then, finally* checking 
each unique license in the usual way.



A list of licenses used in Cygwin packages is in the cygwin-docs
package, plus, every package with a non-standard license typically
provides it under /usr/share/doc/packagename.


Thanks, that's very helpful, and is an excellent example of how some 
collected information can save a lot of companies a lot of work to check 
they can use Cygwin.


Using your information, I can create a script that produces a list of 
all the licenses.  I guess if the license files themselves have varying 
names (ideally they'd all be just license.txt), I may need to then add 
some heuristics to pick the license file out.  From that I can then 
create something that produces just a set of the unique licenses.  And 
then I can pass that to our legal department.


I can also diff it against new Cygwin releases to identify changes to 
licenses and new licenses added for new packages.



However, there's no
guarantee that the list is complete.


Erk, that sounds scary.  Does that mean the process for adding new 
packages doesn't include adding the license information into the license 
list?  Would that be a process improvement that could be considered for 
the future?



As for licenses with commercial exceptions, personally (IANAL, and I'm
not speaking for Red Hat, nor for the Cygwin community at large, nor did
I actually search for it) I think there is none in the distro, except
for the Cygwin license itself.


I can't see anything in http://cygwin.com/licensing.html that says 
Cygwin can't be used for commercial purposes (thank goodness!).  Maybe 
you meant something else.



And that only applies to exceptions from
the GPL.

Other than that, licensing questions should better go to the
cygwin-licensing mailing list.


I didn't know it existed. Sorry.  I'd better subscribe to it, and I'll 
take my questions there, and stop troubling this list.


Thanks again,

luke


Corinna




--
Problem reports:   http://cygwin.com/problems.html
FAQ:   http://cygwin.com/faq/
Documentation: http://cygwin.com/docs.html
Unsubscribe info:  http://cygwin.com/ml/#unsubscribe-simple



Re: Four license questions that affect commercial use of Cygwin

2009-09-29 Thread Corinna Vinschen
On Sep 29 20:32, Luke Kendall wrote:
 Corinna Vinschen wrote:
 So, sure, Red Hat *could* do that, but that would mean to take over
 responsibility for something which is in the responsibility of the user
 in the first place.  Eventually only a lawyer can make sure you comply,
 but, apart from the responsibility, the job of a lawyer isn't exactly
 for free.  So this is a job to redirect to *your* legal department.

 I don't think my four questions asked for legal advice,

In a way, yes.  Licensing is dangerous territory.  If we claim there's
no exception from A and somebody find that exception, it's a sure way
to be sued.  I, for one, can do without that.

 As an engineer, [...]

As a lawyer, [...]

I'm with you on the engineering side, since I hate to reinvent the
wheel same as you do.  However, this isn't technical, this is legal
and as such I stay away as much as possible.

 As for licenses with commercial exceptions, personally (IANAL, and I'm
 not speaking for Red Hat, nor for the Cygwin community at large, nor did
 I actually search for it) I think there is none in the distro, except
 for the Cygwin license itself.

 I can't see anything in http://cygwin.com/licensing.html that says  
 Cygwin can't be used for commercial purposes (thank goodness!).  Maybe  
 you meant something else.

 And that only applies to exceptions from the GPL.

You ignored the above sentence, which was the important one.


Corinna

-- 
Corinna Vinschen  Please, send mails regarding Cygwin to
Cygwin Project Co-Leader  cygwin AT cygwin DOT com
Red Hat

--
Problem reports:   http://cygwin.com/problems.html
FAQ:   http://cygwin.com/faq/
Documentation: http://cygwin.com/docs.html
Unsubscribe info:  http://cygwin.com/ml/#unsubscribe-simple



Re: Four license questions that affect commercial use of Cygwin

2009-09-29 Thread Luke Kendall

Corinna Vinschen wrote:

On Sep 29 20:32, Luke Kendall wrote:

Corinna Vinschen wrote:

So, sure, Red Hat *could* do that, but that would mean to take over
responsibility for something which is in the responsibility of the user
in the first place.  Eventually only a lawyer can make sure you comply,
but, apart from the responsibility, the job of a lawyer isn't exactly
for free.  So this is a job to redirect to *your* legal department.

I don't think my four questions asked for legal advice,


In a way, yes.  Licensing is dangerous territory.  If we claim there's
no exception from A and somebody find that exception, it's a sure way
to be sued.  I, for one, can do without that.


As an engineer, [...]


As a lawyer, [...]


:-)


I'm with you on the engineering side, since I hate to reinvent the
wheel same as you do.  However, this isn't technical, this is legal
and as such I stay away as much as possible.


Fair enough!


As for licenses with commercial exceptions, personally (IANAL, and I'm
not speaking for Red Hat, nor for the Cygwin community at large, nor did
I actually search for it) I think there is none in the distro, except
for the Cygwin license itself.
I can't see anything in http://cygwin.com/licensing.html that says  
Cygwin can't be used for commercial purposes (thank goodness!).  Maybe  
you meant something else.



And that only applies to exceptions from the GPL.


You ignored the above sentence, which was the important one.


I confess I didn't ignore it, I just couldn't understand it.

Trying again now, I think you meant that there were no exceptions that 
applied only in commercial situations, except some exceptions relating 
to the GPL (looking at the license, I think it's related to 
redistribution of code that depends on GPL stuff).


I don't think you mean it is saying you are not allowed to use Cygwin 
within a company, Cygwin is only for personal or scientific 
non-commercial research, and I'm happy that I can't see that. :-)


luke


Corinna




--
Problem reports:   http://cygwin.com/problems.html
FAQ:   http://cygwin.com/faq/
Documentation: http://cygwin.com/docs.html
Unsubscribe info:  http://cygwin.com/ml/#unsubscribe-simple



RE: Four license questions that affect commercial use of Cygwin

2009-09-29 Thread Stephen Bennett
 Um, and assuming that we found a list of packages that had no licenses,
 and a list of packages with licenses that we can't accept, is there any
 way to supply setup with a pre-defined list of packages to include or
 exclude?  Or would everyone installing Cygwin at our company have to
 read through a list of disallowed-by-our-company packages and deselect
 each one (after first clicking on All)?

If you're in search of a centralised approach, it's a fairly easy exercise
to run your own internal mirror, containing only those packages that you've
verified as acceptable. We do just that here for different reasons -- we
need to patch certain packages for various reasons.

Once that has been set up, then everyone can simply install from there and
be sure that they're not getting any packages with legal problems. You'd
still need someone to do that checking in the first place, though.

Accelrys Limited (http://accelrys.com)
Registered office: 334 Cambridge Science Park, Cambridge, CB4 0WN, UK
Registered in England: 2326316

--
Problem reports:   http://cygwin.com/problems.html
FAQ:   http://cygwin.com/faq/
Documentation: http://cygwin.com/docs.html
Unsubscribe info:  http://cygwin.com/ml/#unsubscribe-simple



Re: Four license questions that affect commercial use of Cygwin

2009-09-29 Thread Luke Kendall

Stephen Bennett wrote:

Um, and assuming that we found a list of packages that had no licenses,
and a list of packages with licenses that we can't accept, is there any
way to supply setup with a pre-defined list of packages to include or
exclude?  Or would everyone installing Cygwin at our company have to
read through a list of disallowed-by-our-company packages and deselect
each one (after first clicking on All)?


If you're in search of a centralised approach, it's a fairly easy exercise
to run your own internal mirror, containing only those packages that you've
verified as acceptable. We do just that here for different reasons -- we
need to patch certain packages for various reasons.

Once that has been set up, then everyone can simply install from there and
be sure that they're not getting any packages with legal problems. You'd
still need someone to do that checking in the first place, though.


Good suggestion, that'd work.  Thanks!

luke


Accelrys Limited (http://accelrys.com)
Registered office: 334 Cambridge Science Park, Cambridge, CB4 0WN, UK
Registered in England: 2326316




--
Problem reports:   http://cygwin.com/problems.html
FAQ:   http://cygwin.com/faq/
Documentation: http://cygwin.com/docs.html
Unsubscribe info:  http://cygwin.com/ml/#unsubscribe-simple



Re: Four license questions that affect commercial use of Cygwin

2009-09-29 Thread Christopher Faylor
On Tue, Sep 29, 2009 at 08:54:01PM +1000, Luke Kendall wrote:
I don't think you mean it is saying you are not allowed to use Cygwin 
within a company, Cygwin is only for personal or scientific 
non-commercial research, and I'm happy that I can't see that. :-)

Cygwin is basically GPL-based.  How, exactly, would something like that
satisfy the terms of the GPL?  That would certainly limit your freedom
to use the software.

The main thrust of the non-Red Hat release of Cygwin is to make sure
that anyone who has the binaries can also get the source code.  That
shouldn't be as big a deal within a company as it is for a company which
attempts to sell Cygwin or Cygwin-based applications.

cgf

--
Problem reports:   http://cygwin.com/problems.html
FAQ:   http://cygwin.com/faq/
Documentation: http://cygwin.com/docs.html
Unsubscribe info:  http://cygwin.com/ml/#unsubscribe-simple



Re: Four license questions that affect commercial use of Cygwin

2009-09-29 Thread Christopher Faylor
On Tue, Sep 29, 2009 at 08:32:06PM +1000, Luke Kendall wrote:
As an engineer, it seems inefficient if every company that wants to use
Cygwin first has to spend several days/weeks finding all the licenses
across 2000(?) packages, distilling the license files down into a set,
find any that forbid commercial use, checking that the remaining
licenses are compatible with each other, and *then, finally* checking
each unique license in the usual way.

If this is inconvenient for you, you could always start an effort to
develop a tool to check into licenses or you could develop the tool and
distribute it yourself.

You can't give lip service to understanding that this is a volunteer
effort and then talk about inefficiencies.  In a volunteer effort,
pointing out problems that no one is interested in working on is not apt
to make the problems go away.  In an open source project, the proven
solution for this dilemma is to move from being one of the consumers
with a problem to becoming one of the volunteers working towards a
solution.

cgf

--
Problem reports:   http://cygwin.com/problems.html
FAQ:   http://cygwin.com/faq/
Documentation: http://cygwin.com/docs.html
Unsubscribe info:  http://cygwin.com/ml/#unsubscribe-simple



Re: Four license questions that affect commercial use of Cygwin

2009-09-29 Thread Jon TURNEY

On 29/09/2009 10:18, Luke Kendall wrote:

The URL http://cygwin.com/licensing.html (in summary) says that most
Cygwin software is licensed under GNU GPL, X11 copyright (not sure how
that's a license), and some are public domain.


That should probably read X11 license rather than X11 copyright.

--
Problem reports:   http://cygwin.com/problems.html
FAQ:   http://cygwin.com/faq/
Documentation: http://cygwin.com/docs.html
Unsubscribe info:  http://cygwin.com/ml/#unsubscribe-simple



Re: Four license questions that affect commercial use of Cygwin

2009-09-29 Thread Christopher Faylor
On Tue, Sep 29, 2009 at 04:46:32PM +0100, Jon TURNEY wrote:
On 29/09/2009 10:18, Luke Kendall wrote:
 The URL http://cygwin.com/licensing.html (in summary) says that most
 Cygwin software is licensed under GNU GPL, X11 copyright (not sure how
 that's a license), and some are public domain.

That should probably read X11 license rather than X11 copyright.

Thanks.  I've made that change.

cgf

--
Problem reports:   http://cygwin.com/problems.html
FAQ:   http://cygwin.com/faq/
Documentation: http://cygwin.com/docs.html
Unsubscribe info:  http://cygwin.com/ml/#unsubscribe-simple