Bug#238245: Proposed plan (and license) for the webpage relicensing

2006-04-22 Thread Don Armstrong
On Sat, 22 Apr 2006, Javier Fernández-Sanguino Peña wrote:
 On Thu, Apr 20, 2006 at 03:48:09PM -0700, Don Armstrong wrote:
  Should we decide to change the license, we should either use the MIT
  license if we don't want it to be copyleft, or the GPL if we do. A
  custom license is not something that we want to write, and especially
  not without serious thought and consideration between people who have
  a great deal of experience in writing licenses.
 
 The last proposed licensed I sent is *not* a new license. It
 is simply this license:
 http://www.freebsd.org/copyright/freebsd-doc-license.html
 
 The only change I made to it was substituting FreeBSD Documentation
 Project for Debian Project.

You've sent two totally different licenses to the list so far; I was
refering specifically to the license which was attached to the message
which I responded to. It should be clear why that particular license
is not GPL compatible.

Indeed, neither of the two licenses you've sent are just s/FreeBSD
Documentation/Debian/g; replacements... each of them have contained
other changes. Making modifications to an existing license has many of
the same pitfalls that drafting a totally new license does, and it's
not something that we want to get in the business of doing.[1]

 I don't believe the MIT license (without making changes to it to
 make it explicitly list only *documents* instead of *software*) or
 the GPL would be appropiate for many items in the web pages. But
 that might be just me.

If this is something that you're woried about, you can just replace
software with work. Indeed, the GPLv3 does this because there's no
point in generating confusion amoung people who think that software
means programs instead of meaning information that is represented in a
digital fashion. But frankly, it really makes no difference. Everyone
understands what you're supposed to do when you've got a GPLed work;
you just include the prefered form for modification. With an MITed
work there should be no confusion at all.
 
 Please tell me how the last license I sent is incompatible to either
 the GPL or any other free software license. Notice I would like to
 know it not for the sake of this discussion, but for the sake of
 knowing how/if FreeBSD documentation could be reused in Debian
 Documentation (most of which is currently GPLd BTW).

The FreeBSD documentation license is not compatible with the GPL
because it has a restriction on modification which the GPL itself does
not contain. It explicitely requires you to include the license as the
first lines of the file, unmodified, instead of including them in an
appropriate location.

The license you responded to this message with is not the FreeBSD
documentation license, so I've no desire to comment on it.


Don Armstrong
 
1: For those following allong at home, see the attached wdiffs.
-- 
Information wants to be free to kill again.
 -- Red Robot http://www.dieselsweeties.com/archive.php?s=1372


http://www.donarmstrong.com  http://rzlab.ucr.edu
[-Copyright 1994-2006-]The [-FreeBSD Project.-] {+Debian Documentation License

Copyright 1997-2006 Software in the Public Interest, Inc.+} All rights reserved.

Redistribution and use in source [-(SGML-] {+(WML, XML or SGML+} DocBook) and 
'compiled' forms (SGML,
HTML, PDF, PostScript, RTF and so forth) with or without modification, {+and
translations+} are permitted provided that the following conditions are met:

   1. Redistributions of source code [-(SGML-] {+(WML, XML or SGML+} DocBook) 
must retain
   the above copyright notice, this list of conditions and the following
   disclaimer as the first lines of this file unmodified.  
   
   2. Redistributions in compiled form (transformed to other DTDs, converted
   to {+HTML,+} PDF, PostScript, RTF and other formats) must reproduce the above
   copyright notice, this list of conditions and the following disclaimer in
   the documentation and/or other materials provided with the distribution.

   {+3. Translations and derived works must be distributed under this same
   license.+}

THIS DOCUMENTATION IS PROVIDED BY THE [-FREEBSD DOCUMENTATION-] {+DEBIAN+} 
PROJECT {+AND SOFTWARE IN THE PUBLIC
INTEREST+} AS IS AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT
LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE [-FREEBSD
DOCUMENTATION-] {+DEBIAN+} PROJECT {+OR
SOFTWARE IN THE PUBLIC INTEREST+} BE LIABLE FOR ANY DIRECT, INDIRECT, 
INCIDENTAL,
SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO,
PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR
BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER
IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE)
ARISING IN ANY WAY OUT OF THE USE OF THIS DOCUMENTATION, EVEN IF ADVISED OF THE
POSSIBILITY OF SUCH DAMAGE.
[-Copyright 1994-2006-]The [-FreeBSD Project.-] 

Bug#238245: Proposed plan (and license) for the webpage relicensing

2006-04-22 Thread Florian Weimer
* Javier Fernández-Sanguino Peña:

 Copyright 1997-2006 Software in the Public Interest, Inc. All rights reserved.

Is this correct?  Have all contributors assigned copyright to SPI?

2. Redistributions in compiled form (transformed to other DTDs, converted
to HTML, PDF, PostScript, RTF and other formats) must reproduce the above
copyright notice, this list of conditions and the following disclaimer in
the documentation and/or other materials provided with the distribution.

It looks to me as if this requires that the license and disclaimer
needs to be reproduced at the bottom of each web page (because that's
what you get as the distribution when you just request a single
page).  I don't think this is a good idea.



Bug#238245: Proposed plan (and license) for the webpage relicensing

2006-04-22 Thread Javier Fernández-Sanguino Peña
On Sat, Apr 22, 2006 at 04:47:53PM +0200, Florian Weimer wrote:
 * Javier Fernández-Sanguino Peña:
 
  Copyright 1997-2006 Software in the Public Interest, Inc. All rights 
  reserved.
 
 Is this correct?  Have all contributors assigned copyright to SPI?

Contributor assignment and the license itself are two different things. We
could just have the license and have a (c) statement different from the
above. Please don't mix stuff.

 2. Redistributions in compiled form (transformed to other DTDs, converted
 to HTML, PDF, PostScript, RTF and other formats) must reproduce the above
 copyright notice, this list of conditions and the following disclaimer in
 the documentation and/or other materials provided with the distribution.
 
 It looks to me as if this requires that the license and disclaimer
 needs to be reproduced at the bottom of each web page (because that's
 what you get as the distribution when you just request a single
 page).  I don't think this is a good idea.

You're streching this a bit. The *whole* web site is the redistribution
of the sources and having a footer link that points to the license is just
as well. If you want to include a *single* file of the website (in a
document, in a package, whatever) then you should carry the license itself.
That is commonly done, in packages, in debian/copyright. I do think it makes
sense both for the website usage and for reuse in other locations (i.e.
packages like debian-doc).

That being said, we could change the website to make the license available in
every single page (maybe through HTML comments at the end of the pages to
prevent cluttering them). But I don't believe that would be necessary (or
sensible [1])

Regards

Javier

[1] As it would increase all page's size by 1571 bytes.


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Bug#238245: Proposed plan (and license) for the webpage relicensing

2006-04-22 Thread Javier Fernández-Sanguino Peña
On Sat, Apr 22, 2006 at 06:40:11AM -0700, Don Armstrong wrote:
  The only change I made to it was substituting FreeBSD Documentation
  Project for Debian Project.
 
 You've sent two totally different licenses to the list so far; I was
 refering specifically to the license which was attached to the message
 which I responded to. It should be clear why that particular license
 is not GPL compatible.

The first one was much discussed. The second one was my proposed version
based on that discussion (unfortunately, I did not attach it when I should
have done it)

 Indeed, neither of the two licenses you've sent are just s/FreeBSD
 Documentation/Debian/g; replacements... each of them have contained
 other changes. Making modifications to an existing license has many of
 the same pitfalls that drafting a totally new license does, and it's
 not something that we want to get in the business of doing.[1]

Please review the changes to the *second* proposal:

1- s/FreeBSD/Debian/
2- remove SGML as the sources, since it does not apply to all our
documentation and, moreover, does not apply to the website (sources are 
mostly WML)
3- add HTML as an output
4- remove the limitation of having the license text in the first lines of the
  file
5- add a reference to translations (could be considered a modification to
  the source, however they are not in international IP law)

2 and 3 are *technical* changes to notes, they do not affect the license at all.
4 was requested in this list and I do agree that is necessary.
5 was added on my behalf and has no real impact on the license since, in its
absence, a translation would be considered a modification of the source.

I don't believe any of these changes introduces any new pitfalls, quite
the contrary, it removes them.

 If this is something that you're woried about, you can just replace
 software with work. Indeed, the GPLv3 does this because there's no
 point in generating confusion amoung people who think that software
 means programs instead of meaning information that is represented in a
 digital fashion. But frankly, it really makes no difference. Everyone
 understands what you're supposed to do when you've got a GPLed work;
 you just include the prefered form for modification. With an MITed
 work there should be no confusion at all.

There is no MITed work license, the MIT license explicitly mentions
software too. As for GPLv3, I will not get into details, but I rather not use
that license.

 The FreeBSD documentation license is not compatible with the GPL
 because it has a restriction on modification which the GPL itself does
 not contain. It explicitely requires you to include the license as the
 first lines of the file, unmodified, instead of including them in an
 appropriate location.

And that's precisely what I changed in my second proposal (which should have
been attached to Message-ID: [EMAIL PROTECTED])

Regards

Javier


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Bug#238245: Proposed plan (and license) for the webpage relicensing

2006-04-22 Thread Don Armstrong

To further underline what I have been saying, I object to any of my
(currently embarrassingly minor) contributions to the Debian web page
to be licensed under the terms of the proposed Debian Free
Documentation License or any other license which has been specially
drafted for the Debian web pages. We should be using existing, widely
examined and vetted licenses instead of bothering with writing our
own.[1]

If you have further questions about this issue, please e-mail me
privately off list so -www can go back to doing more substantiative
things.

On Sun, 23 Apr 2006, Javier Fernández-Sanguino Peña wrote:
 On Sat, Apr 22, 2006 at 06:40:11AM -0700, Don Armstrong wrote:
  Indeed, neither of the two licenses you've sent are just s/FreeBSD
  Documentation/Debian/g; replacements... each of them have
  contained other changes.
 
 1- s/FreeBSD/Debian/
 2- remove SGML as the sources, since it does not apply to all our
 documentation and, moreover, does not apply to the website (sources are 
 mostly WML)

You have effectively removed any definition in the license as to what
source code is.

 3- add HTML as an output

The license explicitly lists the output forms that can be generated
from the source which is definetly suboptimal.

 5- add a reference to translations (could be considered a
   modification to the source, however they are not in
   international IP law)

Lets stop here before going any further: There's no such thing as
international IP law. The very term IP is in itself a massive
confusion of three separate branches of law which differ widely
between different jurisdictions. Furthermore, it's definetly not clear
that in any of the jursidictions that I'm aware of that a translation
would not be subject to the rules of the license that apply to any
other form of derivative work. If you know differently, please cite
relevant law and/or cases.

 2 and 3 are *technical* changes to notes, they do not affect the
 license at all.

2 and 3 quite clearly affect the license.

 I don't believe any of these changes introduces any new pitfalls,
 quite the contrary, it removes them.
 
  With an MITed work there should be no confusion at all.
 
 There is no MITed work license,

I'm refering to a work licensed under the MIT license. If it's too
confusing, you can s/software/work/.

 the MIT license explicitly mentions software too.

If we can distribute it in Debian, it's software. We use work in place
of software to avoid this exactly line of argument, but it should be
abundantly clear what software means in this context.

 As for GPLv3, I will not get into details, but I rather not use that
 license.

You cannot use it yet because it does not yet exist in it's final
form. That said, if you have a problem with GPLv3, you should be
discussing those problems using gplv3.fsf.org so those of us who are
on committees can address the issues that you have with the license.
[Of course, if your issue is with copyleft licenses in general,
there's not much that I'm going to be able to do for you.]
 

Don Armstrong


1: Considering the fact that I've been relatively heavily involved in
the committee part of the GPLv3 process, I'd say that I have a
relatively reasonable understanding of the amount of work that it
takes to fully understand the consequences of a license change which
is not altogether grand in it's scope. It's 4 months into the process,
and we're still discovering new problems.
-- 
Of course, there are ceases where only a rare individual will have the
vision to perceive a system which governs many people's lives; a
system which had never before even been recognized as a system; then
such people often devote their lives to convincing other people that
the system really is there and that it aught to be exited from. 
 -- Douglas R. Hofstadter _Gödel Escher Bach. Eternal Golden Braid_

http://www.donarmstrong.com  http://rzlab.ucr.edu



Bug#238245: Proposed plan (and license) for the webpage relicensing

2006-04-21 Thread MJ Ray
Javier =?iso-8859-1?Q?Fern=E1ndez-Sanguino_Pe=F1a?= [EMAIL PROTECTED]
 a) a proper license should be decided for the website.
 
I suggest using a BSD-style license. The attached license is such a
license.

I suggest using a BSD-style licence as default, but the attached one
is not one. Do we have other stuff under FBSD-doc terms?

[...]
 b) old contributors to the web site (i.e. all that have had CVS access to the
WWW CVS are for the past 10 years) should be contacted and ask to
agree to this license change.

I will help with this, if you wish.  I think I know how to get
today's contributors (webwml group) and any since the current
CVS started (cvs history and logs) but how to get 'em all?

 c) a note should be added to the Debian site (as a News item?) describing the
license change (and the reasons for the change) and giving a 6 month
period for comments.

I suggest shortening this period.

 d) new contributors during that period should be asked to agree to the
license change and to transfer (c) to SPI (GPG/PGP signed e-mail would be
a requisite for contributing, a paper trail would be even best)

Just seek a licence, rather than assignment.

 e) from here on access to the CVS of the website should be given after
clearly stating (and getting and agreement) that any and all contributions
to the CVS, unless specified otherwise with clear (c) statements in the
code, will be (c) SPI and will be considered work under contract

I don't understand why you think a contract is formed, as
the contributor is not getting anything in exchange for their
work. However, it seems a good idea for SPI to assert a copyright
interest in the work.

cc: -legal and -www only

Hope that helps,
-- 
MJR/slef
Laux nur mia opinio: vidu http://people.debian.org/~mjr/
Bv sekvu http://www.uk.debian.org/MailingLists/#codeofconduct



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Bug#238245: Proposed plan (and license) for the webpage relicensing

2006-04-21 Thread Bdale Garbee
On Thu, 2006-04-20 at 15:48 -0700, Don Armstrong wrote:

 Should we decide to change the license, we should either use the MIT
 license if we don't want it to be copyleft, or the GPL if we do. A
 custom license is not something that we want to write, and especially
 not without serious thought and consideration between people who have
 a great deal of experience in writing licenses.
  
 Contributing to license proliferation by a license which is not
 compatible with the GPL and some other free software licenses is not
 something that we want to do.

Thank you for saying that before I could get around to it, Don.  I
strongly agree.

Bdale



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Bug#238245: Proposed plan (and license) for the webpage relicensing

2006-04-21 Thread Francesco Poli
On Fri, 21 Apr 2006 10:56:30 -0600 Bdale Garbee wrote:

 On Thu, 2006-04-20 at 15:48 -0700, Don Armstrong wrote:
 
  Should we decide to change the license, we should either use the MIT
  license if we don't want it to be copyleft, or the GPL if we do. A
  custom license is not something that we want to write, and
  especially not without serious thought and consideration between
  people who have a great deal of experience in writing licenses.
   
  Contributing to license proliferation by a license which is not
  compatible with the GPL and some other free software licenses is not
  something that we want to do.
 
 Thank you for saying that before I could get around to it, Don.  I
 strongly agree.

Needless to say, I agree too (as it should already be clear from my
other contributions to this discussion...).


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Bug#238245: Proposed plan (and license) for the webpage relicensing

2006-04-21 Thread Javier Fernández-Sanguino Peña
On Sat, Apr 22, 2006 at 01:22:53AM +0200, Javier Fernández-Sanguino Peña wrote:
 On Thu, Apr 20, 2006 at 03:48:09PM -0700, Don Armstrong wrote:
  Should we decide to change the license, we should either use the MIT
  license if we don't want it to be copyleft, or the GPL if we do. A
  custom license is not something that we want to write, and especially
  not without serious thought and consideration between people who have
  a great deal of experience in writing licenses.
 
 The last proposed licensed I sent is *not* a new license. It
 is simply this license:
 http://www.freebsd.org/copyright/freebsd-doc-license.html

Actually, it seems I did not attach the last version of the proposed license
in my last message. Attached now.

Regards

Javier
The Debian Documentation License

Copyright 1997-2006 Software in the Public Interest, Inc. All rights reserved.

Redistribution and use in source and 'compiled' forms (SGML, HTML, PDF,
PostScript, RTF and so forth) with or without modification, and translations
are permitted provided that the following conditions are met:

   1. Redistributions of source code must retain the above copyright notice,
   this list of conditions and the following disclaimer.
   
   2. Redistributions in compiled form (transformed to other DTDs, converted
   to HTML, PDF, PostScript, RTF and other formats) must reproduce the above
   copyright notice, this list of conditions and the following disclaimer in
   the documentation and/or other materials provided with the distribution.

THIS DOCUMENTATION IS PROVIDED BY THE DEBIAN PROJECT AND SOFTWARE IN THE PUBLIC
INTEREST AS IS AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT
LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE DEBIAN PROJECT OR
SOFTWARE IN THE PUBLIC INTEREST BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO,
PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR
BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER
IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE)
ARISING IN ANY WAY OUT OF THE USE OF THIS DOCUMENTATION, EVEN IF ADVISED OF THE
POSSIBILITY OF SUCH DAMAGE.


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Bug#238245: Proposed plan (and license) for the webpage relicensing

2006-04-21 Thread Javier Fernández-Sanguino Peña
On Thu, Apr 20, 2006 at 03:48:09PM -0700, Don Armstrong wrote:
 Should we decide to change the license, we should either use the MIT
 license if we don't want it to be copyleft, or the GPL if we do. A
 custom license is not something that we want to write, and especially
 not without serious thought and consideration between people who have
 a great deal of experience in writing licenses.

The last proposed licensed I sent is *not* a new license. It
is simply this license:
http://www.freebsd.org/copyright/freebsd-doc-license.html

The only change I made to it was substituting FreeBSD Documentation Project
for Debian Project.

I don't believe the MIT license (without making changes to it to make it
explicitly list only *documents* instead of *software*) or the GPL would be
appropiate for many items in the web pages. But that might be just me.

 Contributing to license proliferation by a license which is not
 compatible with the GPL and some other free software licenses is not
 something that we want to do.

Please tell me how the last license I sent is incompatible to either the GPL
or any other free software license. Notice I would like to know it not for
the sake of this discussion, but for the sake of knowing how/if FreeBSD
documentation could be reused in Debian Documentation (most of which is
currently GPLd BTW).

Regards

Javier


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Bug#238245: Proposed plan (and license) for the webpage relicensing

2006-04-20 Thread Francesco Poli
On Thu, 20 Apr 2006 01:37:43 +0200 Javier Fernández-Sanguino Peña wrote:

 On Thu, Apr 20, 2006 at 12:56:57AM +0200, Francesco Poli wrote:
   
  I suggest using a BSD-style license. The attached license is
  such a license. It is  based on the FreeBSD documentation
  license [3] and explicitely mentions translations.  In our case
  (the website) the 'source code' is the wml, but I leave
  references to other sources (SGML, XML) that might apply to
  other documentation that the website might hold.
  
  I do *not* think that the license you are proposing is a good one.
 (...)
 
 Maybe we should just use a simpler (i.e. technology neutral license)
 without explicitly mentioning that the source = WML.

Indeed.
The 2-clause BSD license I suggested matches your description!  ;-)
Another good choice in the non-copyleft arena is the Expat (a.k.a. MIT)
license: http://www.jclark.com/xml/copying.txt


 
  Clause 1 restricts where the license text must be retained: as the
  first lines. What if I convert pages from WML to another format
  where the first lines are reserved for some other use? It seems I
  cannot legally do so!
 
 How about saying either first or last lines?

What if both first and last lines are reserved for other uses?

 
  The license does not seem to be GPLv2-compatible, as clause 3 is a
  weak copyleft constraint: it seems that I cannot combine a page
  under this
 
 I've removed that one.
 
  If you are going to propose a BSD-style license, I would strongly
  recommend the (unmodified) 2-clause BSD license:
  http://www.gnu.org/licenses/info/BSD_2Clause.html
 
 The attached license is quite similar to the BSD license with the only
 differences being that there is no 'binary' form, there's just a
 compiled form of the site (and explicitly lists some formats which the
 source might be compiled too).

This explicit listing of formats is one of the main problems with the
license you're proposing: it ties things up to specific technical
details that are really going to become obsolete soon.
Good licenses try hard to avoid that.

[...]
 In the website is not (c) SPI then
 our current footer really doesn't make any sense.

Indeed.

 
   e) from here on access to the CVS of the website should be given
   after
  clearly stating (and getting and agreement) that any and all
  contributions to the CVS, unless specified otherwise with clear
  (c) statements in the code, will be (c) SPI and will be
  considered work under contract 
  
  I don't think you can claim it's work under contract, unless there
  actually *is* a contract involved!
  Voluntary contributions are not work under contract, AFAICT.
 
 The idea of that portion, which might be misunderstood as the wording
 is not really accurate, is that if volunteers argue they worked for
 SPI for the website development there is no need to have paperwork
 done for the (c) transfer. If we drop the (c) transfer portion (I'm
 open to that, if people don't want it to be there) then this should be
 dropped too.
 
 AFAIK (in Spanish legislation at least) volunteer work can be
 considered work for contract (note the quotes) in the sense that you
 work for a company (a volunteer organisation) for free and you waive
 the rights to your work to it (including IP rights, and copyrights).
 Since there is no real written contract this does not conflict with
 the fact that the company you work for (the one you have a contract
 with) might have stated that you cannot work for others while working
 for them.

I don't know if this argument could actually work in Spain.
I really doubt it can work in *any* jurisdiction where at least one
contributor lives...

 
 As I said, however, those steps could be dropped, but then we have to
 ask every contributor to have their contributions licensed under this
 license (and cross our fingers that we will not have to change it in
 the future). We should also probably have to change the (c) portion to
 list people that have contributed in the site or, at the very least,
 say that SPI is not the (c) holder.

Listing contributors would be nice.
It must be done at least in comments, as long as contributors retain
their copyright, so why not doing it in a visible way?



N.B.: no need to Cc: me, as long as debian-legal is in the loop...


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Bug#238245: Proposed plan (and license) for the webpage relicensing

2006-04-20 Thread Don Armstrong
On Wed, 19 Apr 2006, Javier Fernández-Sanguino Peña wrote:
 In summary: The web pages license content should be changed from the
 OPL (non DFSG-free) to some other license (DFSG-free). As it is, the
 current content is not GPL compatible (so it cannot be reused, for
 example, in documentation produced by the DDP project).
 
 This issue was brought up last in October 2005 to the SPI board and they said
 (based on the IRC log [2] there doesn't seem to be any minutes) that
 debian-www should tell them what to do. I don't find any other references to 
 this in the SPI Board archives.
 
 So, Here's the plan I propose:
 
 a) a proper license should be decided for the website.
 
I suggest using a BSD-style license. The attached license is such a
license. It is  based on the FreeBSD documentation license [3] and
explicitely mentions translations.  In our case (the website) the
'source code' is the wml, but I leave references to other sources (SGML,
XML) that might apply to other documentation that the website might hold.

Should we decide to change the license, we should either use the MIT
license if we don't want it to be copyleft, or the GPL if we do. A
custom license is not something that we want to write, and especially
not without serious thought and consideration between people who have
a great deal of experience in writing licenses.
 
Contributing to license proliferation by a license which is not
compatible with the GPL and some other free software licenses is not
something that we want to do.


Don Armstrong

-- 
There's nothing remarkable about it. All one has to do is hit the
right keys at the right time and the instrument plays itself.
 -- Bach 

http://www.donarmstrong.com  http://rzlab.ucr.edu



Bug#238245: Proposed plan (and license) for the webpage relicensing

2006-04-19 Thread Javier Fernández-Sanguino Peña

Hi everyone,

I was reviewing the status of #238245 (Debian web site is licensed under the
OPL which is not considered DFSG-free) and see that there have been no
actions since October last year and no discussion at debian-www. 

In summary: The web pages license content should be changed from the OPL (non
DFSG-free) to some other license (DFSG-free). As it is, the current content
is not GPL compatible (so it cannot be reused, for example, in documentation
produced by the DDP project).

This issue was brought up last in October 2005 to the SPI board and they said
(based on the IRC log [2] there doesn't seem to be any minutes) that
debian-www should tell them what to do. I don't find any other references to 
this in the SPI Board archives.

So, Here's the plan I propose:

a) a proper license should be decided for the website.

   I suggest using a BSD-style license. The attached license is such a
   license. It is  based on the FreeBSD documentation license [3] and
   explicitely mentions translations.  In our case (the website) the
   'source code' is the wml, but I leave references to other sources (SGML,
   XML) that might apply to other documentation that the website might hold.

b) old contributors to the web site (i.e. all that have had CVS access to the
   WWW CVS are for the past 10 years) should be contacted and ask to 
   agree to this license change.

c) a note should be added to the Debian site (as a News item?) describing the
   license change (and the reasons for the change) and giving a 6 month
   period for comments.

d) new contributors during that period should be asked to agree to the
   license change and to transfer (c) to SPI (GPG/PGP signed e-mail would be
   a requisite for contributing, a paper trail would be even best)

e) from here on access to the CVS of the website should be given after
   clearly stating (and getting and agreement) that any and all contributions
   to the CVS, unless specified otherwise with clear (c) statements in the
   code, will be (c) SPI and will be considered work under contract 

Does this sound like a reasonable plan? Who can help digging out a list
of contributors and preparing an explanatory e-mail and license change notice
for the website?

Let's please solve this once and for all.

Regards

Javier


[1] http://www.debian.org/doc/manuals/ddp-policy/ch-common.en.html#s2.2
[2] http://www.spi-inc.org/secretary/minutes/20051018.txt
[3] http://www.freebsd.org/copyright/freebsd-doc-license.html
The Debian Documentation License

Copyright 1997-2006 Software in the Public Interest, Inc. All rights reserved.

Redistribution and use in source (WML, XML or SGML DocBook) and 'compiled' 
forms (SGML,
HTML, PDF, PostScript, RTF and so forth) with or without modification, and
translations are permitted provided that the following conditions are met:

   1. Redistributions of source code (WML, XML or SGML DocBook) must retain
   the above copyright notice, this list of conditions and the following
   disclaimer as the first lines of this file unmodified.  
   
   2. Redistributions in compiled form (transformed to other DTDs, converted
   to HTML, PDF, PostScript, RTF and other formats) must reproduce the above
   copyright notice, this list of conditions and the following disclaimer in
   the documentation and/or other materials provided with the distribution.

   3. Translations and derived works must be distributed under this same
   license.

THIS DOCUMENTATION IS PROVIDED BY THE DEBIAN PROJECT AND SOFTWARE IN THE PUBLIC
INTEREST AS IS AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT
LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE DEBIAN PROJECT OR
SOFTWARE IN THE PUBLIC INTEREST BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO,
PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR
BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER
IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE)
ARISING IN ANY WAY OUT OF THE USE OF THIS DOCUMENTATION, EVEN IF ADVISED OF THE
POSSIBILITY OF SUCH DAMAGE.


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Bug#238245: Proposed plan (and license) for the webpage relicensing

2006-04-19 Thread Manoj Srivastava
On 19 Apr 2006, Javier Fernández-Sanguino Peña uttered the following:

 In summary: The web pages license content should be changed from the
 OPL (non DFSG-free) to some other license (DFSG-free). As it is, the
 current content is not GPL compatible (so it cannot be reused, for
 example, in documentation produced by the DDP project).

This is also troublesome since we say i the social contract:
When we write new components of the Debian system, we will license
them in a manner consistent with the Debian Free Software Guidelines.


 a) a proper license should be decided for the website.

 I suggest using a BSD-style license. The attached license is such a
 license. It is based on the FreeBSD documentation license [3] and
 explicitely mentions translations.  In our case (the website) the
 'source code' is the wml, but I leave references to other sources
 (SGML, XML) that might apply to other documentation that the website
 might hold.

I would be willing to license my contributions under the
 GPL.  I do not see why translations are any different than another
 wml file added to the combined work, so I don't see why the GPL is
 not a perfectly good license for the wml code.


 b) old contributors to the web site (i.e. all that have had CVS
access to the WWW CVS are for the past 10 years) should be
contacted and ask to   agree to this license change.


As long as the licenses used are compatible, we may not need a
 common license. Standard footers can be provided for inclusion for
 each page.

 c) a note should be added to the Debian site (as a News item?)
describing the license change (and the reasons for the change)
and giving a 6 month  period for comments.

e are following our social contract.  There need be no
 comments period for six months, we should just get on with it.

 d) new contributors during that period should be asked to agree to
the license change and to transfer (c) to SPI (GPG/PGP signed
e-mail would be a requisite for contributing, a paper trail would
be even best) 

What reason should people assign copyright if the license is
 free?  I have no intention of doing so, for any past or future
 contributions. 


 e) from here on access to the CVS of the website should be given
after clearly stating (and getting and agreement) that any and
all contributions  to the CVS, unless specified otherwise with
clear (c) statements in the  code, will be (c) SPI and will be
considered work under contract  

No.  While I am willing to change my license to the GPL, if
 you want work under contract, my contract rate is US $250/hour. And I
 have a boilerplate contract agreement you must sign, in order to use
 my work.

 Does this sound like a reasonable plan? Who can help digging out a
 list of contributors and preparing an explanatory e-mail and license
 change notice for the website?

The copyright assignment does not sound sane, no.

manoj
-- 
Don't feed the bats tonight.
Manoj Srivastava   [EMAIL PROTECTED]  http://www.debian.org/%7Esrivasta/
1024D/BF24424C print 4966 F272 D093 B493 410B  924B 21BA DABB BF24 424C



Bug#238245: Proposed plan (and license) for the webpage relicensing

2006-04-19 Thread Jutta Wrage

-BEGIN PGP SIGNED MESSAGE-
Hash: SHA1


Am 19.04.2006 um 13:12 schrieb Javier Fernández-Sanguino Peña:


e) from here on access to the CVS of the website should be given after
   clearly stating (and getting and agreement) that any and all  
contributions
   to the CVS, unless specified otherwise with clear (c) statements  
in the

   code, will be (c) SPI and will be considered work under contract


No here, too. Many of us will really get in problems with a phrase  
work under cantract.


greetings

Jutta


- -- 
http://www.witch.westfalen.de

http://witch.muensterland.org

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Bug#238245: Proposed plan (and license) for the webpage relicensing

2006-04-19 Thread Francesco Poli
On Wed, 19 Apr 2006 13:12:16 +0200 Javier Fernández-Sanguino Peña wrote:

 
 Hi everyone,
 
 I was reviewing the status of #238245 (Debian web site is licensed
 under the OPL which is not considered DFSG-free) and see that there
 have been no actions since October last year and no discussion at
 debian-www.

Hi!
Thanks for working on this issue, that really deserves a clear solution.

 
 In summary: The web pages license content should be changed from the
 OPL (non DFSG-free) to some other license (DFSG-free). As it is, the
 current content is not GPL compatible (so it cannot be reused, for
 example, in documentation produced by the DDP project).

Agreed.

[...]
 So, Here's the plan I propose:
 
 a) a proper license should be decided for the website.

Agreed.

 
I suggest using a BSD-style license. The attached license is such a
license. It is  based on the FreeBSD documentation license [3] and
explicitely mentions translations.  In our case (the website) the
'source code' is the wml, but I leave references to other sources
(SGML, XML) that might apply to other documentation that the
website might hold.

I do *not* think that the license you are proposing is a good one.

It's not technology-neutral: what if I convert pages from WML to, say,
XHTML and go on modifying XHTML by hand? The new source form for the
derived work is XHTML, but the license does not consider it as
source!

Clause 1 restricts where the license text must be retained: as the first
lines. What if I convert pages from WML to another format where the
first lines are reserved for some other use? It seems I cannot legally
do so!

The license does not seem to be GPLv2-compatible, as clause 3 is a weak
copyleft constraint: it seems that I cannot combine a page under this
license with a GPLv2-licensed document in a single derivative work,
since the latter should be released as a whole under the Debian
Documentation License, but it cannot be, because the GPL'd part has
restrictions that are not present in the Debian Documentation License
and I cannot waive restrictions on parts I'm not the copyright holder
for!


If you are going to propose a BSD-style license, I would strongly
recommend the (unmodified) 2-clause BSD license:
http://www.gnu.org/licenses/info/BSD_2Clause.html

 
 b) old contributors to the web site (i.e. all that have had CVS access
 to the
WWW CVS are for the past 10 years) should be contacted and ask to 
agree to this license change.

OK.

 
 c) a note should be added to the Debian site (as a News item?)
 describing the
license change (and the reasons for the change) and giving a 6
month period for comments.

What's the use of this News item?
Aren't we already commenting on your proposed plan?

 
 d) new contributors during that period should be asked to agree to the
license change

OK.

and to transfer (c) to SPI (GPG/PGP signed e-mail
would be a requisite for contributing, a paper trail would be even
best)

I disagree. There's no need to transfer copyrights, as long as licenses
are DFSG-free.
I personally would *not* be willing to transfer any copyright to SPI. 
Moreover copyright transfers require slow and boring paperwork.

 
 e) from here on access to the CVS of the website should be given after
clearly stating (and getting and agreement) that any and all
contributions to the CVS, unless specified otherwise with clear (c)
statements in the code, will be (c) SPI and will be considered
work under contract 

I don't think you can claim it's work under contract, unless there
actually *is* a contract involved!
Voluntary contributions are not work under contract, AFAICT.

[...]
 Let's please solve this once and for all.

Yes, please!


-- 
:-(   This Universe is buggy! Where's the Creator's BTS?   ;-)
..
  Francesco Poli GnuPG Key ID = DD6DFCF4
 Key fingerprint = C979 F34B 27CE 5CD8 DC12  31B5 78F4 279B DD6D FCF4


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Bug#238245: Proposed plan (and license) for the webpage relicensing

2006-04-19 Thread Francesco Poli
On Wed, 19 Apr 2006 08:09:15 -0500 Manoj Srivastava wrote:

 On 19 Apr 2006, Javier Fernández-Sanguino Peña uttered the following:
[...]
 
  a) a proper license should be decided for the website.
 
  I suggest using a BSD-style license. The attached license is such a
  license. It is based on the FreeBSD documentation license [3] and
  explicitely mentions translations.  In our case (the website) the
  'source code' is the wml, but I leave references to other sources
  (SGML, XML) that might apply to other documentation that the website
  might hold.
 
 I would be willing to license my contributions under the
  GPL.  I do not see why translations are any different than another
  wml file added to the combined work, so I don't see why the GPL is
  not a perfectly good license for the wml code.

I agree that the GNU GPL v2 would be a perfectly reasonable choice for
the Debian website.
Several other GPLv2-compatible licenses are good choices too, however.

Out of curiousity, would you be willing to license your contributions
under GPLv2 only?
Or would you rather choose to license them under GPLv2 or later?

 
 
  b) old contributors to the web site (i.e. all that have had CVS
 access to the WWW CVS are for the past 10 years) should be
 contacted and ask to   agree to this license change.
 
 
 As long as the licenses used are compatible, we may not need a
  common license. Standard footers can be provided for inclusion for
  each page.

That's a possible approach too.
It requires more care and is somewhat more complicated, though.

[...]
  d) new contributors during that period should be asked to agree to
 the license change and to transfer (c) to SPI (GPG/PGP signed
 e-mail would be a requisite for contributing, a paper trail would
 be even best) 
 
 What reason should people assign copyright if the license is
  free?  I have no intention of doing so, for any past or future
  contributions.

Agreed.


-- 
:-(   This Universe is buggy! Where's the Creator's BTS?   ;-)
..
  Francesco Poli GnuPG Key ID = DD6DFCF4
 Key fingerprint = C979 F34B 27CE 5CD8 DC12  31B5 78F4 279B DD6D FCF4


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Bug#238245: Proposed plan (and license) for the webpage relicensing

2006-04-19 Thread Javier Fernández-Sanguino Peña
On Thu, Apr 20, 2006 at 01:03:19AM +0200, Francesco Poli wrote:
 I agree that the GNU GPL v2 would be a perfectly reasonable choice for
 the Debian website.
 Several other GPLv2-compatible licenses are good choices too, however.

I'd rather use a simpler license for text content it is more understandable
and less subject to interpretation (note that embeded code in the wml files
in the website *should* be GPL). Unlike other technical documentation (such as
manuals or guides, see [0]) I don't think the GPL is a good license for the
website. But maybe that's just me.

 Out of curiousity, would you be willing to license your contributions
 under GPLv2 only?
 Or would you rather choose to license them under GPLv2 or later?

I'd rather have it be GPLv2 only.

  As long as the licenses used are compatible, we may not need a
   common license. Standard footers can be provided for inclusion for
   each page.
 
 That's a possible approach too.
 It requires more care and is somewhat more complicated, though.

Agreed. Nobody has brought up concerns about *other* licenses being used
until we talked about changing the one we are *using* right now. Believe it
or not, all the web pages have a footer saying that they are OPL and nobody
has ever complained asking for different licenses for *their* contributions
(not that I remember, at least). 

   d) new contributors during that period should be asked to agree to
  the license change and to transfer (c) to SPI (GPG/PGP signed
  e-mail would be a requisite for contributing, a paper trail would
  be even best) 
  
  What reason should people assign copyright if the license is
   free?  I have no intention of doing so, for any past or future
   contributions.
 
 Agreed.

In order to make it possible to do a license change in the future if needed
be and not have the web team track every single individual that has
contributed to the website (as is the case now). Even though we might end up
choosing a license we *think* is the best right now, there might come a time
we might want to change that. Maybe because it might turn out it was not
really the best license for the web pages for X or Y reason. Having SPI hold
the copyright simplifies things.

The fact no one has complained about the fact the footer to their
contributions to the web page says that all the pages are (c) SPI [1] made me
think that nobody deeply cared about *their* copyrights to the webpages. It
seems I was wrong.

Regards

Javier

[0] See my proposal for the DDP at
http://www.debian.org/doc/manuals/ddp-policy/ch-common.en.html#s2.2

[1] Notice that, again, Perl source code that generates parts of the web site
is *not* (c) SPI.


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Bug#238245: Proposed plan (and license) for the webpage relicensing

2006-04-19 Thread Javier Fernández-Sanguino Peña
On Thu, Apr 20, 2006 at 12:56:57AM +0200, Francesco Poli wrote:
  
 I suggest using a BSD-style license. The attached license is such a
 license. It is  based on the FreeBSD documentation license [3] and
 explicitely mentions translations.  In our case (the website) the
 'source code' is the wml, but I leave references to other sources
 (SGML, XML) that might apply to other documentation that the
 website might hold.
 
 I do *not* think that the license you are proposing is a good one.
(...)

Maybe we should just use a simpler (i.e. technology neutral license) without
explicitly mentioning that the source = WML.

 Clause 1 restricts where the license text must be retained: as the first
 lines. What if I convert pages from WML to another format where the
 first lines are reserved for some other use? It seems I cannot legally
 do so!

How about saying either first or last lines?

 The license does not seem to be GPLv2-compatible, as clause 3 is a weak
 copyleft constraint: it seems that I cannot combine a page under this

I've removed that one.

 If you are going to propose a BSD-style license, I would strongly
 recommend the (unmodified) 2-clause BSD license:
 http://www.gnu.org/licenses/info/BSD_2Clause.html

The attached license is quite similar to the BSD license with the only 
differences being that there is no 'binary' form, there's just a compiled
form of the site (and explicitly lists some formats which the source might be
compiled too).

  c) a note should be added to the Debian site (as a News item?)
  describing the
 license change (and the reasons for the change) and giving a 6
 month period for comments.
 
 What's the use of this News item?

Just to get wider coverage. Maybe an announcment to d-d-a would be best.

 Aren't we already commenting on your proposed plan?

Yes, but not every single DD that has contributed to the web pages is 
reading -www or -legal.

 and to transfer (c) to SPI (GPG/PGP signed e-mail
 would be a requisite for contributing, a paper trail would be even
 best)
 
 I disagree. There's no need to transfer copyrights, as long as licenses
 are DFSG-free.

I added the (c) transfer in order to make it possible for SPI to relicense
the site in the future. In the website is not (c) SPI then our current
footer really doesn't make any sense.

  e) from here on access to the CVS of the website should be given after
 clearly stating (and getting and agreement) that any and all
 contributions to the CVS, unless specified otherwise with clear (c)
 statements in the code, will be (c) SPI and will be considered
 work under contract 
 
 I don't think you can claim it's work under contract, unless there
 actually *is* a contract involved!
 Voluntary contributions are not work under contract, AFAICT.

The idea of that portion, which might be misunderstood as the wording is not
really accurate, is that if volunteers argue they worked for SPI for the
website development there is no need to have paperwork done for the (c)
transfer. If we drop the (c) transfer portion (I'm open to that, if people
don't want it to be there) then this should be dropped too.

AFAIK (in Spanish legislation at least) volunteer work can be considered work
for contract (note the quotes) in the sense that you work for a company (a
volunteer organisation) for free and you waive the rights to your work to it
(including IP rights, and copyrights). Since there is no real written
contract this does not conflict with the fact that the company you work for
(the one you have a contract with) might have stated that you cannot work for
others while working for them. 

As I said, however, those steps could be dropped, but then we have to
ask every contributor to have their contributions licensed under this license
(and cross our fingers that we will not have to change it in the future). We
should also probably have to change the (c) portion to list people that have
contributed in the site or, at the very least, say that SPI is not the (c)
holder.

Regards

Javier



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