Re: Sun Java available from non-free

2006-06-09 Thread MJ Ray
David Pashley [EMAIL PROTECTED]
 Out of interest, if[0] that is saying that we agree that anything isn't
 Sun's fault isn't Sun's fault (which is fair enough) then that doesn't
 mention anything about any warranty that we might offer. For the large
 majority of the software we ship, we disclaim any warranty what so ever.  

However, the DLJ seeks to prevail over all other agreements,
including those disclaimers of warranty.

 Can we not just disclaim all warranty on Sun's java like we do with the
 rest of our software, or is there something in the license that forces
 us to give a warranty?

The problem isn't Sun's java.  It's the requirement to give
indemnity covering *everything* in the Operating System.  In
fact, Sun's java may be the only thing not affected by this!

Hope that explains,
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Re: Sun Java available from non-free

2006-06-08 Thread Wouter Verhelst
On Wed, Jun 07, 2006 at 05:42:27PM +0100, MJ Ray wrote:
 Wouter Verhelst [EMAIL PROTECTED]
  Alternatively, I don't think it's hard for a judge to understand that
  there is this piece of software which we indeed do distribute, but which
  is used by many other people as well, and they all exhibit the same
  flaw; so even if we allowed the bug to slip in, it's not really our
  fault.
 
 Exactly!  It's not our fault, so why should we indemnify Sun against it?

If it's not our fault, it's not under our control, and we *don't* need
to indemnify. That's what the FAQ says; and whether or not it has legal
value, it *does* explain the interpretation Sun gives to its license.

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Re: Sun Java available from non-free

2006-06-08 Thread MJ Ray
Wouter Verhelst [EMAIL PROTECTED]
 On Wed, Jun 07, 2006 at 05:42:27PM +0100, MJ Ray wrote:
  Exactly!  It's not our fault, so why should we indemnify Sun against it?
 
 If it's not our fault, it's not under our control, and we *don't* need
 to indemnify. That's what the FAQ says; and whether or not it has legal
 value, it *does* explain the interpretation Sun gives to its license.

Changes to debian are made under debian's control (in theory).

The reason I raised the indemnity in particular is that the FAQ
does not contradict this concern, so all the should we ignore
the FAQ debate didn't affect it.

Quoth the FAQ:
| Simply put, Sun requires indemnification to limit its exposure for
| issues that are not Sun's fault. If your conduct or your OS causes
   ^
| a problem that results in a third-party claim, then Sun expects you
  ^^^
| to take responsibility for it. Note that you are not indemnifying
  ^
| Sun against claims that are a result of something in Sun's code. You
| also are not indemnifying Sun against claims due to changes that a
| downstream distributor has made to your OS.

You *are* indemnifying Sun against claims due to changes to your
OS whose inclusion you control.  It's only downstream changes
that are excluded, not upstream.  (AIUI, Gentoo can avoid this
neatly, with its users' install commands rebuilding the OS.)

Do you agree, or what have I missed?

Regards,
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Re: Sun Java available from non-free

2006-06-08 Thread David Pashley
On Jun 08, 2006 at 12:19, MJ Ray praised the llamas by saying:
 Wouter Verhelst [EMAIL PROTECTED]
  On Wed, Jun 07, 2006 at 05:42:27PM +0100, MJ Ray wrote:
   Exactly!  It's not our fault, so why should we indemnify Sun against it?
  
  If it's not our fault, it's not under our control, and we *don't* need
  to indemnify. That's what the FAQ says; and whether or not it has legal
  value, it *does* explain the interpretation Sun gives to its license.
 
 Changes to debian are made under debian's control (in theory).
 
 The reason I raised the indemnity in particular is that the FAQ
 does not contradict this concern, so all the should we ignore
 the FAQ debate didn't affect it.
 
 Quoth the FAQ:
 | Simply put, Sun requires indemnification to limit its exposure for
 | issues that are not Sun's fault. If your conduct or your OS causes
^
 | a problem that results in a third-party claim, then Sun expects you
   ^^^
 | to take responsibility for it. Note that you are not indemnifying
   ^
 | Sun against claims that are a result of something in Sun's code. You
 | also are not indemnifying Sun against claims due to changes that a
 | downstream distributor has made to your OS.
 
 You *are* indemnifying Sun against claims due to changes to your
 OS whose inclusion you control.  It's only downstream changes
 that are excluded, not upstream.  (AIUI, Gentoo can avoid this
 neatly, with its users' install commands rebuilding the OS.)

Out of interest, if[0] that is saying that we agree that anything isn't
Sun's fault isn't Sun's fault (which is fair enough) then that doesn't
mention anything about any warranty that we might offer. For the large
majority of the software we ship, we disclaim any warranty what so ever.  

Can we not just disclaim all warranty on Sun's java like we do with the
rest of our software, or is there something in the license that forces
us to give a warranty?

[0] I'm going by MJ's comments. I haven't had chance to check the actual
license, so take this as a curious question from someone interested to
know the answer.
 
 Do you agree, or what have I missed?
 
 Regards,

-- 
David Pashley
[EMAIL PROTECTED]
Nihil curo de ista tua stulta superstitione.


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Re: Sun Java available from non-free

2006-06-07 Thread George Danchev
On Wednesday 07 June 2006 05:11, Anthony Towns wrote:
 On Tue, Jun 06, 2006 at 11:34:10PM +0100, MJ Ray wrote:
  Anthony Towns aj@azure.humbug.org.au [...]
 
   And people are welcome to hold that opinion and speak about it all they
   like, but the way Debian makes the actual call on whether a license
   is suitable for distribution in non-free isn't based on who shouts the
   loudest on a mailing list, it's on the views of the archive
   maintainers.
 
  The package maintainer did not ask debian-legal (serious bug)

 That's mistaken. debian-legal is a useful source of advice, not a
 decision making body. That's precisely as it should be, since there
 is absolutely no accountability for anyone on debian-legal -- anyone,
 developer or not, who agrees with the social contract or not, can reply
 to queries raised on this list with their own opinion. If people have
 weighed the costs and benefits of contacting -legal and decided not to,
 that's entirely their choice.

  and I'm
  really surprised that the archive maintainers felt no need to consult
  developers about this licence, in public or private, or SPI, before
  agreeing to indemnify Sun so broadly.

 We do not indemnify Sun for any actions Sun takes.

DLJ version 1.1 says that you do not indemnify (2f) Sun only in the case of:

You shall not be obligated under Section 2(f)(i) if such claim would not have
occurred but for a modification made to your Operating System by
someone not under your direction or control, and you were in
compliance with all other terms of this Agreement.  If the Software
README file permits certain files to be replaced or omitted from
your distribution, then any such replacement(s) or omission(s)
shall not be considered a breach of Section 2(a).

It will be sanesafe to arrange notarised that if Sun thinks there is a 
license breach then the only actions that could be performed against Debian 
and its legal entities are the removal of the software from the official 
Debian archive.

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Re: Sun Java available from non-free

2006-06-07 Thread MJ Ray
Marco d'Itri [EMAIL PROTECTED]
 In linux.debian.legal MJ Ray [EMAIL PROTECTED] wrote:
 The package maintainer did not ask debian-legal (serious bug) and I'm
 They do not need to.

No, there's no absolute *need* to do that, or to follow any of the other
directions in debian policy, but it's usually seen as good practice and
developers usually take a dim view of such needless problem-making.

 really surprised that the archive maintainers felt no need to consult
 developers about this licence, in public or private, or SPI, before
 agreeing to indemnify Sun so broadly.
 They do not need too.

That doesn't change my surprise at them going off at half-cock about
such a weighty responsibility.

[...]
 -legal seems to have believed what Sun says their license means, namely
 debian-legal is just a mailing list and does not hold beliefs.

FWIW, I agree.  Anthony Towns was personifying it in the section to which
I replied and I wished to make my point in similar language.

I didn't notice anyone correcting his original post when I wrote that.
Actually, I still can't see such a correction. Maybe, just maybe, the
meaning was bleeding obvious to everyone else.
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Re: Sun Java available from non-free

2006-06-07 Thread MJ Ray
Anthony Towns aj@azure.humbug.org.au
 On Tue, Jun 06, 2006 at 11:34:10PM +0100, MJ Ray wrote:
  The package maintainer did not ask debian-legal (serious bug)=20
 
 That's mistaken. debian-legal is a useful source of advice, not a
 decision making body. That's precisely as it should be, since there
 is absolutely no accountability for anyone on debian-legal

Whoa. That's not true.  There are delegates on debian-legal, delegated
to handle particular -legal matters, as well as various maintainers
and co-maintainers, who are all accountable to debian in their field.
It's a marginal point, but it's not helpful to introduce broad false
statements like that and suggest -legal is entirely non-DD.

 [...] If people have
 weighed the costs and benefits of contacting -legal and decided not to,
 that's entirely their choice.

Yes, that package maintainer may choose to ignore all of policy.  It's
entirely my choice how to respond to that.  Everyone happy with that?

[...]
 As far as I've seen most of -legal would have taken the same attitude
 you have -- there's already working java in main, I don't use non-free
 anyway, found a few token problems and stopped helping Sun at all.

As previously posted, my motives are more complex.  I think it's
interesting that only those two were repeated.  I disagree that the
problems are token ones and I don't have much incentive to help
Sun: I'm not motivated by getting in their PR puffs and the DDs who
support Sun seem very belligerent and unwilling to consider bugs.

[...]
  So, I don't think any reasonable person would prefer Sun's FAQ or emails
  when they aren't clearly explaining particular terms in an obvious way.
 
 If you want to dismiss the people who disagree with you, including
 myself, as unreasonable, then there's not really any point having this
 conversation.

I don't dismiss them.  I don't understand how such reasoning could work.
If you want to dismiss people who disagree with you as pointless, then it
shows a shameful lack of ability to explain and mediate.

  Is there even any dispute that the DLJ indemnity seeks to overturn all
  the no warranty statements in debian and leave the licensee liable
  for the effects of everything in our operating system?
 
 If you're actually claiming that's what it does, then I guess there is.

Cool.  Where is this effect of sections 2(f)(i) and 14 disputed?  I've
seen repeated claims that we're not liable for Sun's changes and downstream
changes, but not upstream changes of parts of the Operating System.

-- 
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Please follow http://www.uk.debian.org/MailingLists/#codeofconduct
PS: apologies for the odd register in one paragraph.


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Re: Sun Java available from non-free

2006-06-07 Thread Wouter Verhelst
On Wed, Jun 07, 2006 at 09:23:07AM +0100, MJ Ray wrote:
 Marco d'Itri [EMAIL PROTECTED]
  In linux.debian.legal MJ Ray [EMAIL PROTECTED] wrote:
  The package maintainer did not ask debian-legal (serious bug) and I'm
  They do not need to.
 
 No, there's no absolute *need* to do that, or to follow any of the other
 directions in debian policy,

Please don't confuse things.

The guideline to ask debian-legal is not enforced by policy, but
suggested by the Developer's Reference.

The latter document is a collection of good practices, not a list of
things that must be done. The former document is a list of requirements
that each and every package must comply to.

Failing to follow a requirement set out in policy can result in a
serious bug being filed against your package. Failing to follow a
guideline from the developer's reference can, at worst, result in people
being annoyed by your attitude.

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Re: Sun Java available from non-free

2006-06-07 Thread Daniel Stone
On Wed, Jun 07, 2006 at 09:41:27AM +0100, MJ Ray wrote:
 Anthony Towns aj@azure.humbug.org.au
  [...] If people have
  weighed the costs and benefits of contacting -legal and decided not to,
  that's entirely their choice.
 
 Yes, that package maintainer may choose to ignore all of policy.  It's
 entirely my choice how to respond to that.  Everyone happy with that?

Yes, but policy is generally sensible, edited by DDs, and each change is
carefully vetted.

debian-legal, OTOH, claims that not only is the stock MIT/X11 licence
'non-free', but 'it is impractical to work with such software'.

It is mandated that all Debian packages follow policy.  It is no more
mandated that developers run everything past -legal, than that they
run every change they make past #debian-devel.


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Re: Sun Java available from non-free

2006-06-07 Thread Wouter Verhelst
On Wed, Jun 07, 2006 at 09:41:27AM +0100, MJ Ray wrote:
 Anthony Towns aj@azure.humbug.org.au
   Is there even any dispute that the DLJ indemnity seeks to overturn all
   the no warranty statements in debian and leave the licensee liable
   for the effects of everything in our operating system?
  
  If you're actually claiming that's what it does, then I guess there is.
 
 Cool.  Where is this effect of sections 2(f)(i) and 14 disputed?  I've
 seen repeated claims that we're not liable for Sun's changes and downstream
 changes, but not upstream changes of parts of the Operating System.

Really, how is that any relevant? Can you come up with a real-life
scenario (as in, something which actually occurred) where a change to,
say, glibc or something similar made some other application break in
such a way that it would no longer behave as documented?

I could imagine a situation where compiler bugs would make an
application misbehave, but that doesn't apply to a binary-only non-free
piece of code.

I could imagine a situation where library ABI changes break the
application in such a way that it would no longer even _start_, but I
can hardly imagine that people would want to sue anyone over that --
unless suddenly java would no longer start while they're running stable,
but I don't foresee that ABI changes happening in stable (do you?)

I could imagine a bug in glibc having an effect on every application
which tries to make use of the particular buggy library call.

What I cannot imagine is a case where an upstream change would result in
only Sun's Java to break rather than a whole bunch of applications
(so they would most likely be noticed before the release), and/or to do
so on Debian only, rather than on every Linux distribution out there;
and it would seem that for any case where the effects are much wider
than just Debian, it can reasonably be argued that the problems are, not
under our control, which would free us from the burden of having to
idemnify Sun.

If I'm misguided, I'd be happy to be enlightened. But I don't think I
am.

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Re: Sun Java available from non-free

2006-06-07 Thread George Danchev
On Wednesday 07 June 2006 12:34, Wouter Verhelst wrote:
 On Wed, Jun 07, 2006 at 09:41:27AM +0100, MJ Ray wrote:
  Anthony Towns aj@azure.humbug.org.au
 
Is there even any dispute that the DLJ indemnity seeks to overturn
all the no warranty statements in debian and leave the licensee
liable for the effects of everything in our operating system?
  
   If you're actually claiming that's what it does, then I guess there is.
 
  Cool.  Where is this effect of sections 2(f)(i) and 14 disputed?  I've
  seen repeated claims that we're not liable for Sun's changes and
  downstream changes, but not upstream changes of parts of the Operating
  System.

 Really, how is that any relevant? Can you come up with a real-life
 scenario (as in, something which actually occurred) where a change to,
 say, glibc or something similar made some other application break in
 such a way that it would no longer behave as documented?

 I could imagine a situation where compiler bugs would make an
 application misbehave, but that doesn't apply to a binary-only non-free
 piece of code.

 I could imagine a situation where library ABI changes break the
 application in such a way that it would no longer even _start_, but I
 can hardly imagine that people would want to sue anyone over that --
 unless suddenly java would no longer start while they're running stable,
 but I don't foresee that ABI changes happening in stable (do you?)

 I could imagine a bug in glibc having an effect on every application
 which tries to make use of the particular buggy library call.

 What I cannot imagine is a case where an upstream change would result in
 only Sun's Java to break rather than a whole bunch of applications
 (so they would most likely be noticed before the release), and/or to do
 so on Debian only, rather than on every Linux distribution out there;
 and it would seem that for any case where the effects are much wider
 than just Debian, it can reasonably be argued that the problems are, not
 under our control, which would free us from the burden of having to
 idemnify Sun.

 If I'm misguided, I'd be happy to be enlightened. But I don't think I
 am.

If you are not misguided, then why DLJ license creators put texts like:

the use or distribution of your Operating System, or any part thereof, in any 
manner 

directly into the license ? And you are not to be liable for that only if the 
modifications made to the underlying systemm are not under your control. If a 
new upstream version of glibc or the kernel breaks Sun java to function 
properly or as documented then I believe (according to the license) someone 
should be be held liable for that break. Who's that ? Upsteam ?

[1] (f) you agree to defend and indemnify Sun
and its licensors from and against any damages, costs, liabilities,
settlement amounts and/or expenses (including attorneys' fees)
incurred in connection with any claim, lawsuit or action by any
third party that arises or results from (i) the use or distribution
of your Operating System, or any part thereof, in any manner, or
(ii) your use or distribution of the Software in violation of the
terms of this Agreement or applicable law.  You shall not be
obligated under Section 2(f)(i) if such claim would not have
occurred but for a modification made to your Operating System by
someone not under your direction or control, and you were in
compliance with all other terms of this Agreement.


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Re: Sun Java available from non-free

2006-06-07 Thread MJ Ray
Wouter Verhelst [EMAIL PROTECTED]
 The guideline to ask debian-legal is not enforced by policy, but
 suggested by the Developer's Reference.

Please don't confuse things by introducing the DevRef to this.

An instruction to mail debian-legal about doubtful copyrights is in policy
s2.3.  It is a direct instruction, not a 'should' like asking debian-legal
for advice about approaching licensors.

I think the length of the FAQ (and this thread!) shows this one's doubtful.
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Re: Sun Java available from non-free

2006-06-07 Thread Wouter Verhelst
On Wed, Jun 07, 2006 at 11:29:33AM +0100, MJ Ray wrote:
 Wouter Verhelst [EMAIL PROTECTED]
  The guideline to ask debian-legal is not enforced by policy, but
  suggested by the Developer's Reference.
 
 Please don't confuse things by introducing the DevRef to this.

Right, so I was mistaken.

 An instruction to mail debian-legal about doubtful copyrights is in policy
 s2.3.

No, it doesn't say that: it says If in doubt, send mail to -legal. It
doesn't say if the license is doubtful, which is a different matter
entirely.

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Re: Sun Java available from non-free

2006-06-07 Thread Wouter Verhelst
On Wed, Jun 07, 2006 at 12:51:25PM +0300, George Danchev wrote:
 On Wednesday 07 June 2006 12:34, Wouter Verhelst wrote:
  What I cannot imagine is a case where an upstream change would result in
  only Sun's Java to break rather than a whole bunch of applications
  (so they would most likely be noticed before the release), and/or to do
  so on Debian only, rather than on every Linux distribution out there;
  and it would seem that for any case where the effects are much wider
  than just Debian, it can reasonably be argued that the problems are, not
  under our control, which would free us from the burden of having to
  idemnify Sun.
 
  If I'm misguided, I'd be happy to be enlightened. But I don't think I
  am.
 
 If you are not misguided, then why DLJ license creators put texts like:
 
 the use or distribution of your Operating System, or any part
 thereof, in any manner 
 
 directly into the license?

I dunno? It doesn't matter, because the text goes on to say

 You shall not be obligated under Section 2(f)(i) if such claim
 would not have occurred but for a modification made to your
 Operating System by someone not under your direction or control,
 and you were in compliance with all other terms of this Agreement.

If it didn't, you had a point. As it is, you don't.

 And you are not to be liable for that only if the modifications made
 to the underlying systemm are not under your control. If a new
 upstream version of glibc or the kernel breaks Sun java to function
 properly or as documented then I believe (according to the license)
 someone should be be held liable for that break. Who's that? Upsteam?

That's Not Our Problem(TM). We're only to indemnify Sun for the things
we are directly responsible for. It doesn't mention /anything/ about the
stuff for which we are not directly responsible.

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Re: Sun Java available from non-free

2006-06-07 Thread MJ Ray
Daniel Stone [EMAIL PROTECTED]
 debian-legal, OTOH, claims that not only is the stock MIT/X11 licence
 'non-free', but 'it is impractical to work with such software'.

I don't believe that those claims are consensual on debian-legal.  The
MIT/X11 licence is frequently recommended by participants, including me.
It's short, flexible and relatively clear for a licence.

Please give sources for quotes.  The archive search did not find
that second phrase *anywhere* on debian-legal.

About the policy comment, I refer to my reply to Wouter Verhelst a
few minutes ago.

Hope that explains,
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Re: Sun Java available from non-free

2006-06-07 Thread MJ Ray
Wouter Verhelst [EMAIL PROTECTED]
 No, it doesn't say that: it says If in doubt, send mail to -legal. It
 doesn't say if the license is doubtful, which is a different matter
 entirely.

We've been told both James and Jeroen extensive contact with
Sun to ensure that the tricky clauses were actually okay.
[Message-ID: [EMAIL PROTECTED] ]
It looks like someone involved was in doubt, and ignored a
good instruction in debian-policy.  Debian should not rely on
legal advice from the licensor, especially when the licence
clearly says it prevails over other communication from them.
Obtain it and review that advice, yes, but not rely upon it.

I look forward to the end of language lawyering by the usual
culprits and the start of a discussion of how better to avoid
these problems in future.
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Re: Sun Java available from non-free

2006-06-07 Thread Mike Bird
On Wednesday 07 June 2006 04:30, Wouter Verhelst wrote:
 On Wed, Jun 07, 2006 at 12:51:25PM +0300, George Danchev wrote:
  On Wednesday 07 June 2006 12:34, Wouter Verhelst wrote:
   What I cannot imagine is a case where an upstream change would result
   in only Sun's Java to break rather than a whole bunch of applications
   (so they would most likely be noticed before the release), and/or to do
   so on Debian only, rather than on every Linux distribution out there;
   and it would seem that for any case where the effects are much wider
   than just Debian, it can reasonably be argued that the problems are,
   not under our control, which would free us from the burden of having to
   idemnify Sun.

While some people cannot imagine that a contract will be
enforced as written, judges can.

While some people think that it would seem that an exception
exists where none is written, judges don't.

While some people think that it can reasonably be argued that
a contract doesn't mean what it says, judges don't.

   If I'm misguided, I'd be happy to be enlightened. But I don't think I
   am.
 
  If you are not misguided, then why DLJ license creators put texts like:
 
  the use or distribution of your Operating System, or any part
  thereof, in any manner
 
  directly into the license?

 I dunno? It doesn't matter, because the text goes on to say

  You shall not be obligated under Section 2(f)(i) if such claim
  would not have occurred but for a modification made to your
  Operating System by someone not under your direction or control,
  and you were in compliance with all other terms of this Agreement.

 If it didn't, you had a point. As it is, you don't.

  And you are not to be liable for that only if the modifications made
  to the underlying systemm are not under your control. If a new
  upstream version of glibc or the kernel breaks Sun java to function
  properly or as documented then I believe (according to the license)
  someone should be be held liable for that break. Who's that? Upsteam?

 That's Not Our Problem(TM). We're only to indemnify Sun for the things
 we are directly responsible for. It doesn't mention /anything/ about the
 stuff for which we are not directly responsible.

Debian can argue that it is not responsible for software
not in Debian archives.  However, all software in Debian
archives is signed in by a DD, a member of Debian's web
of trust.

A new upstream bug does not affect Debian until Debian is
changed by the DD's incorporation of the upstream version
containing the upstream bug.  When that change is signed in
to Debian, that is a change to Debian made by and authorised
by a DD.  At that point, Debian becomes responsible for
incorporating the upstream bug into Debian, and Debian
becomes responsible for indemnifying Sun.

--Mike Bird


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Re: Sun Java available from non-free

2006-06-07 Thread MJ Ray
Wouter Verhelst [EMAIL PROTECTED]
 On Wed, Jun 07, 2006 at 09:41:27AM +0100, MJ Ray wrote:
  Cool.  Where is this effect of sections 2(f)(i) and 14 disputed?  I've
  seen repeated claims that we're not liable for Sun's changes and downstream
  changes, but not upstream changes of parts of the Operating System.
 
 Really, how is that any relevant? Can you come up with a real-life
 scenario (as in, something which actually occurred) where a change to,
 say, glibc or something similar made some other application break in
 such a way that it would no longer behave as documented?

Why do I need a case where some other application breaks?
The indemnification is for problems in the Operating System,
not only for Sun Java.  We know that debian has contained buggy
software in the past and it's probable that it will in future,
despite our best efforts.

[...]
 and it would seem that for any case where the effects are much wider
 than just Debian, it can reasonably be argued that the problems are, not
 under our control, which would free us from the burden of having to
 idemnify Sun.

How does it do that?  In general, upstreams are not allowed
to change directly what is released as Debian.  Ultimately,
it's debian developers that decide what modifications are made
to the Operating System and are controlled (heh!) and directed
by the various project agreements and processes, so I don't
see how those modifications are excluded.

 If I'm misguided, I'd be happy to be enlightened. But I don't think I
 am.

Likewise.  I think you're ignoring that the indemnification
is broad, while the exclusion is narrow.  What do I miss?

Feel free to reply to -legal only if you prefer.
This doesn't seem like a technical development topic now.
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Re: Sun Java available from non-free

2006-06-07 Thread George Danchev
On Wednesday 07 June 2006 14:30, Wouter Verhelst wrote:
 On Wed, Jun 07, 2006 at 12:51:25PM +0300, George Danchev wrote:
  On Wednesday 07 June 2006 12:34, Wouter Verhelst wrote:
   What I cannot imagine is a case where an upstream change would result
   in only Sun's Java to break rather than a whole bunch of applications
   (so they would most likely be noticed before the release), and/or to do
   so on Debian only, rather than on every Linux distribution out there;
   and it would seem that for any case where the effects are much wider
   than just Debian, it can reasonably be argued that the problems are,
   not under our control, which would free us from the burden of having to
   idemnify Sun.
  
   If I'm misguided, I'd be happy to be enlightened. But I don't think I
   am.
 
  If you are not misguided, then why DLJ license creators put texts like:
 
  the use or distribution of your Operating System, or any part
  thereof, in any manner
 
  directly into the license?

 I dunno? It doesn't matter, because the text goes on to say

It does matter in the courts.

  You shall not be obligated under Section 2(f)(i) if such claim
  would not have occurred but for a modification made to your
  Operating System by someone not under your direction or control,
  and you were in compliance with all other terms of this Agreement.

 If it didn't, you had a point. As it is, you don't.

I disagreed, look below.

  And you are not to be liable for that only if the modifications made
  to the underlying systemm are not under your control. If a new
  upstream version of glibc or the kernel breaks Sun java to function
  properly or as documented then I believe (according to the license)
  someone should be be held liable for that break. Who's that? Upsteam?

 That's Not Our Problem(TM). We're only to indemnify Sun for the things
 we are directly responsible for. It doesn't mention /anything/ about the
 stuff for which we are not directly responsible.

It easily could became Our Problem(TM) if the break is caused by patch(es) 
applied to upstream versions by Debian Developer(s) ? How can you ensure that 
a break will not happend or in a case of such indemnification wont be more 
than Sun's removal from the official Debian archives.

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Re: Sun Java available from non-free

2006-06-07 Thread Wouter Verhelst
On Wed, Jun 07, 2006 at 05:45:27AM -0700, Mike Bird wrote:
 On Wednesday 07 June 2006 04:30, Wouter Verhelst wrote:
  On Wed, Jun 07, 2006 at 12:51:25PM +0300, George Danchev wrote:
   On Wednesday 07 June 2006 12:34, Wouter Verhelst wrote:
What I cannot imagine is a case where an upstream change would result
in only Sun's Java to break rather than a whole bunch of applications
(so they would most likely be noticed before the release), and/or to do
so on Debian only, rather than on every Linux distribution out there;
and it would seem that for any case where the effects are much wider
than just Debian, it can reasonably be argued that the problems are,
not under our control, which would free us from the burden of having to
idemnify Sun.
 
 While some people cannot imagine that a contract will be
 enforced as written, judges can.

I didn't say I could not imagine that a contract would enforced as
written. I said that I consider the chance for something to actually
occur to be small enough that it can be ignored.

Remember that this is not about Freedom. If it were about Freedom, I
would agree that there is a problem here. But that is not the case; it
is about avoiding to get sued.

I don't think the demands they are making are wrong per se, nor do I
think that the examples of where they /would/ be wrong are realistic, or
have any chance of actually occurring.

[...]
   And you are not to be liable for that only if the modifications made
   to the underlying systemm are not under your control. If a new
   upstream version of glibc or the kernel breaks Sun java to function
   properly or as documented then I believe (according to the license)
   someone should be be held liable for that break. Who's that? Upsteam?
 
  That's Not Our Problem(TM). We're only to indemnify Sun for the things
  we are directly responsible for. It doesn't mention /anything/ about the
  stuff for which we are not directly responsible.
 
 Debian can argue that it is not responsible for software
 not in Debian archives.  However, all software in Debian
 archives is signed in by a DD, a member of Debian's web
 of trust.
 
 A new upstream bug does not affect Debian until Debian is
 changed by the DD's incorporation of the upstream version
 containing the upstream bug.  When that change is signed in
 to Debian, that is a change to Debian made by and authorised
 by a DD.  At that point, Debian becomes responsible for
 incorporating the upstream bug into Debian, and Debian
 becomes responsible for indemnifying Sun.

That's one way to look at it.

Another way would be to say that if there would be a bug where glibc
does not work as documented, which appears on _every_ glibc-based
platform, then Sun did not do a proper job in testing their software
(since it occurs everywhere, remember), so it's really their fault, not
ours.

Perhaps that depends on the time when the bug is actually introduced.

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Re: Sun Java available from non-free

2006-06-07 Thread Wouter Verhelst
On Wed, Jun 07, 2006 at 05:08:40PM +0300, George Danchev wrote:
 On Wednesday 07 June 2006 14:30, Wouter Verhelst wrote:
  On Wed, Jun 07, 2006 at 12:51:25PM +0300, George Danchev wrote:
   If you are not misguided, then why DLJ license creators put texts like:
  
   the use or distribution of your Operating System, or any part
   thereof, in any manner
  
   directly into the license?
 
  I dunno? It doesn't matter, because the text goes on to say
 
 It does matter in the courts.

No, not at all. The text clearly says that we are to idemnify Sun in for
anything anyone could sue them over while doing something involving the
use or distribution of (our) Operating System, except if something
happened not under (our) direction or control. It doesn't matter that
you can quote a part of that statement and say it's too broad! Oh,
look!, because if you quote part of it, you're not quoting the entire
statement, and your statement isn't complete nor does it reflect the
intention of the person who wrote it.

That's called basic grammar.

[...]
   And you are not to be liable for that only if the modifications made
   to the underlying systemm are not under your control. If a new
   upstream version of glibc or the kernel breaks Sun java to function
   properly or as documented then I believe (according to the license)
   someone should be be held liable for that break. Who's that? Upsteam?
 
  That's Not Our Problem(TM). We're only to indemnify Sun for the things
  we are directly responsible for. It doesn't mention /anything/ about the
  stuff for which we are not directly responsible.
 
 It easily could became Our Problem(TM) if the break is caused by patch(es) 
 applied to upstream versions by Debian Developer(s) ?

Well, yeah, but then it really was Our Fault(TM). There's nothing wrong
with standing up for the bad things you've done, is there?

Of course, there _is_ something wrong with standing trial for an honest
mistake you've made. But do you think a judge have anyone pay a fine if
they made an honest mistake while creating something that shouts NO
WARRANTY all over? Remember that both Debian and Java do so. Do you
think many people will sue if they know that the product they've been
using shouts NO WARRANTY all over the place?

Of course, there'll always be loonies who will sue even if they have no
case. And of course, there'll always be judges who will issue a verdict
which is crazy and out of touch with everything else. And while we could
theoretically try to ensure that never happens to us, I'd rather not go
down that road.

 How can you ensure that a break will not happend or in a case of such
 indemnification wont be more than Sun's removal from the official
 Debian archives.

I'm sorry, I can't parse that sentence. Could you please reword?

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Re: Sun Java available from non-free

2006-06-07 Thread Wouter Verhelst
On Wed, Jun 07, 2006 at 02:38:55PM +0100, MJ Ray wrote:
 Wouter Verhelst [EMAIL PROTECTED]
  On Wed, Jun 07, 2006 at 09:41:27AM +0100, MJ Ray wrote:
   Cool.  Where is this effect of sections 2(f)(i) and 14 disputed?  I've
   seen repeated claims that we're not liable for Sun's changes and 
   downstream
   changes, but not upstream changes of parts of the Operating System.
  
  Really, how is that any relevant? Can you come up with a real-life
  scenario (as in, something which actually occurred) where a change to,
  say, glibc or something similar made some other application break in
  such a way that it would no longer behave as documented?
 
 Why do I need a case where some other application breaks?
 The indemnification is for problems in the Operating System,
 not only for Sun Java.

Right. And what's wrong with that? Why do you think it's sane to allow
loonies to sue Sun over stuff they have nothing, but really _nothing_ to
do with? Like, some loonie wants to sue us over his FTP server that
went berzerk, finds out that Debian doesn't have a lot of money, and
then sues Sun because, hey, there's this Java binary in the same Debian
which just _happens_ to be owned by Sun?

Sure, I'd prefer if loonies would avoid sueing at all. But if they are
going to do that, whether or not there is an idemnification clause on
some licence for a software package by Sun isn't going to help us any,
because either the loonie is going to sue both us and Sun (so we'd be in
court anyway), or the loonie is going to sue Sun first, who would
presumably then manage to convince the judge that they're not at fault
and that it's us the loonie has to get after (and then we'd be in court
as well).

 [...]
  and it would seem that for any case where the effects are much wider
  than just Debian, it can reasonably be argued that the problems are, not
  under our control, which would free us from the burden of having to
  idemnify Sun.
 
 How does it do that?  In general, upstreams are not allowed
 to change directly what is released as Debian.  Ultimately,
 it's debian developers that decide what modifications are made
 to the Operating System and are controlled (heh!) and directed
 by the various project agreements and processes, so I don't
 see how those modifications are excluded.

If it occurs everywhere, it could reasonably be argued that either the
JDK is buggy, or not tested well enough.

Alternatively, I don't think it's hard for a judge to understand that
there is this piece of software which we indeed do distribute, but which
is used by many other people as well, and they all exhibit the same
flaw; so even if we allowed the bug to slip in, it's not really our
fault.

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Re: Sun Java available from non-free

2006-06-07 Thread Michael Poole
Wouter Verhelst writes:

 On Wed, Jun 07, 2006 at 02:38:55PM +0100, MJ Ray wrote:
  Wouter Verhelst [EMAIL PROTECTED]
   On Wed, Jun 07, 2006 at 09:41:27AM +0100, MJ Ray wrote:
Cool.  Where is this effect of sections 2(f)(i) and 14 disputed?  I've
seen repeated claims that we're not liable for Sun's changes and 
downstream
changes, but not upstream changes of parts of the Operating System.
   
   Really, how is that any relevant? Can you come up with a real-life
   scenario (as in, something which actually occurred) where a change to,
   say, glibc or something similar made some other application break in
   such a way that it would no longer behave as documented?
  
  Why do I need a case where some other application breaks?
  The indemnification is for problems in the Operating System,
  not only for Sun Java.
 
 Right. And what's wrong with that? Why do you think it's sane to allow
 loonies to sue Sun over stuff they have nothing, but really _nothing_ to
 do with? Like, some loonie wants to sue us over his FTP server that
 went berzerk, finds out that Debian doesn't have a lot of money, and
 then sues Sun because, hey, there's this Java binary in the same Debian
 which just _happens_ to be owned by Sun?

A promise to indemnify Sun would not prevent or limit this tactic.  It
would instead mean that Debian (whatever entity or entities agreed
to that indemnification) would end up paying Sun's legal bills and
damages until Debian went bankrupt.  The remaining balance would
come out of Sun's bank accounts.

If Debian has small bank accounts, I don't see how this helps either
Debian or Sun.  If Debian has large bank accounts, I don't see how
this is a good prospective use of the money.

Michael Poole


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Re: Sun Java available from non-free

2006-06-07 Thread George Danchev
On Wednesday 07 June 2006 18:18, Wouter Verhelst wrote:
 On Wed, Jun 07, 2006 at 05:08:40PM +0300, George Danchev wrote:
  On Wednesday 07 June 2006 14:30, Wouter Verhelst wrote:
   On Wed, Jun 07, 2006 at 12:51:25PM +0300, George Danchev wrote:
If you are not misguided, then why DLJ license creators put texts
like:
   
the use or distribution of your Operating System, or any part
thereof, in any manner
   
directly into the license?
  
   I dunno? It doesn't matter, because the text goes on to say
 
  It does matter in the courts.

 No, not at all. The text clearly says that we are to idemnify Sun in for
 anything anyone could sue them over while doing something involving the
 use or distribution of (our) Operating System, except if something
 happened not under (our) direction or control. It doesn't matter that
 you can quote a part of that statement and say it's too broad! Oh,
 look!, because if you quote part of it, you're not quoting the entire
 statement, and your statement isn't complete nor does it reflect the
 intention of the person who wrote it.

 That's called basic grammar.

We agree that the license text clearly says the Operationg System distributor 
coulb be held liable for any malfunctions caused to their software which 
prevent it to operate as expected to. The DLJ license is meant to be for 
proprietary OS distributors who can guarantee that to a certain extend and 
are ready to indemnify in case of Bad Thing Happend(TM). Obviously this is nt 
the case for our operating system.

And you are not to be liable for that only if the modifications made
to the underlying systemm are not under your control. If a new
upstream version of glibc or the kernel breaks Sun java to function
properly or as documented then I believe (according to the license)
someone should be be held liable for that break. Who's that? Upsteam?
  
   That's Not Our Problem(TM). We're only to indemnify Sun for the things
   we are directly responsible for. It doesn't mention /anything/ about
   the stuff for which we are not directly responsible.
 
  It easily could became Our Problem(TM) if the break is caused by
  patch(es) applied to upstream versions by Debian Developer(s) ?

 Well, yeah, but then it really was Our Fault(TM). There's nothing wrong
 with standing up for the bad things you've done, is there?

Right, agreed. That's how it should be. Then Debian glibc and kernel teams(at 
least) are exposed to be held liable in case of introducing a patch which 
causes a Sun's java malfunctions.

 Of course, there _is_ something wrong with standing trial for an honest
 mistake you've made. But do you think a judge have anyone pay a fine if
 they made an honest mistake while creating something that shouts NO
 WARRANTY all over? Remember that both Debian and Java do so. Do you
 think many people will sue if they know that the product they've been
 using shouts NO WARRANTY all over the place?

I don't eliminate such a possibility, do you ? In fact shouting NO WARRANTY 
could encaurage lunatics to file frivolous lawsuits for no good reasons.

 Of course, there'll always be loonies who will sue even if they have no
 case. And of course, there'll always be judges who will issue a verdict
 which is crazy and out of touch with everything else. And while we could
 theoretically try to ensure that never happens to us, I'd rather not go
 down that road.

  How can you ensure that a break will not happend or in a case of such
  indemnification wont be more than Sun's removal from the official
  Debian archives.

 I'm sorry, I can't parse that sentence. Could you please reword?

I'm sorry... I missed some words ;-)

How can you ensure that if Sun's java is found to misbehave because of certain 
patches applied by Debian Developers to the kernels or glibc versions which 
Debian distributes, then the worst reaction against Debian is to be forced to 
remove the Sun's java software from the official Debian archives. Or you 
believe that if the above mentioned debian developers made a mistake they 
should be held liable even the whole Debian operating system shouts NO 
WARRANTY.

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Re: Sun Java available from non-free

2006-06-07 Thread MJ Ray
Wouter Verhelst [EMAIL PROTECTED]
 On Wed, Jun 07, 2006 at 02:38:55PM +0100, MJ Ray wrote:
  Why do I need a case where some other application breaks?
  The indemnification is for problems in the Operating System,
  not only for Sun Java.
 
 Right. And what's wrong with that? Why do you think it's sane to allow
 loonies to sue Sun over stuff they have nothing, but really _nothing_ to
 do with? [...]

What's wrong with that is that accepting the DLJ is indemnifying
Sun against it!  It's also not only lawsuits.  Reread the DLJ
at http://download.java.net/dlj/DLJ-FAQ-v1.2.html#dlj and
notice what else is included.

I don't think it's sane to allow such lawsuits, but I've heard
insaner lawsuits from the US in the past. The DLJ does little
to stop them.  It just seems to cover Sun's wallet.  Is it
right for free software distributors to cover Sun's wallet?

  [...]
   and it would seem that for any case where the effects are much wider
   than just Debian, it can reasonably be argued that the problems are, not
   under our control, which would free us from the burden of having to
   idemnify Sun.
  
  How does it do that? [...] I don't
  see how those modifications are excluded.
 
 If it occurs everywhere, it could reasonably be argued that either the
 JDK is buggy, or not tested well enough.

Accepting the DLJ seems to indemnify Sun about the Operating System,
not just the JDK.  The JDK's bugginess is largely unimportant.
Please don't complicate things by adding JDK bugs to the situation.
That's a whole different question, much less clear to me yet.

 Alternatively, I don't think it's hard for a judge to understand that
 there is this piece of software which we indeed do distribute, but which
 is used by many other people as well, and they all exhibit the same
 flaw; so even if we allowed the bug to slip in, it's not really our
 fault.

Exactly!  It's not our fault, so why should we indemnify Sun against it?

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


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Re: Sun Java available from non-free

2006-06-07 Thread Ian Jackson
Mike Bird writes (Re: Sun Java available from non-free):
 Non-freeness is a red herring.  The issue is that a small cabal -
 - a small cabal operating outside its field of expertise - has
 placed Debian in the position of indemnifying Sun.

This is obviously not possible.

Debian is not a legal entity and can't indemnify anyone.

SPI _is_ a legal entity but Debian developers, including the
ftpmasters, are not empowered by the SPI Board to indemnify anyone
(and if the SPI Board were asked to indemnify anyone we would almost
certainly decline - we've done so in the past[1]).  Furthermore, none
of the ftpmasters or Debian developers have asserted that they speak
on behalf of SPI (at least as far as the SPI Board is aware - if they
have claimed to speak for SPI then please let us know immediately so
that we can clarify the situation).

Mirror operators may or may not be violating Sun's licence but if Sun
think theire is a violation then they have only to ask and Debian
participants (including the mirrors) will desist at once.  It's clear
that mirror operators aren't indemnifying Sun; they probably haven't
even heard about this licence.  They might be violating Sun's
copyright I suppose but Sun have repeatedly assured us that it's all
right so they'll have difficulty if they turn round and try to say
otherwise in court.

So who, if anyone, might be indemnifying Sun ?  Perhaps the Maintainer
and perhaps the ftpmasters.  Surely that's their personal decision to
make.  If I were them I would certainly think twice but they're not
putting anyone else at risk.

Ian.

[1] Eg, Debian is not LSB-certified at least in part because the
certification agreement would have required SPI to indemnify people
against Developers' (and CD resellers!) mistakes.


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Re: Sun Java available from non-free

2006-06-07 Thread Ian Jackson
John Goerzen writes (Re: Sun Java available from non-free):
 Also, I should add that agreeing to a license that commits SPI to
 indemnify Sun

Who is purporting to commit SPI to indemnifying Sun ?

AFAICT ftpmasters are indemnifying Sun.  This is silly of them but
probably not actually fatal.

Ian.


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Re: Sun Java available from non-free

2006-06-07 Thread Steve Langasek
On Wed, Jun 07, 2006 at 12:13:16PM +0300, Daniel Stone wrote:
 On Wed, Jun 07, 2006 at 09:41:27AM +0100, MJ Ray wrote:
  Anthony Towns aj@azure.humbug.org.au
   [...] If people have
   weighed the costs and benefits of contacting -legal and decided not to,
   that's entirely their choice.

  Yes, that package maintainer may choose to ignore all of policy.  It's
  entirely my choice how to respond to that.  Everyone happy with that?

 Yes, but policy is generally sensible, edited by DDs, and each change is
 carefully vetted.

 debian-legal, OTOH, claims that not only is the stock MIT/X11 licence
 'non-free', but 'it is impractical to work with such software'.

Though I agree there's no requirement to consult debian-legal on every
license, ascribing this particular view to debian-legal as a whole is about
as productive as saying that all Debian bug submitters want us to emulate
GoboLinux, or that having to wait for the clock before being able to read
non-garbage output from a pin means all digital circuits are useless...

-- 
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Debian Developer   to set it on, and I can move the world.
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Re: Sun Java available from non-free

2006-06-06 Thread Anthony Towns
On Sun, Jun 04, 2006 at 03:59:03PM +0200, Dalibor Topic wrote:
 On Sun, 2006-06-04 at 09:57 +1000, Anthony Towns wrote:
  I would furthermore strongly encourage people to work *with* Sun towards
  improving the current license
 There have been numerous issues with the current text pointed out here
 already, I guess people are currently just waiting for the fixes from
 Sun's legal.

Mmm. The impression I got was that people were waiting for the packages
to be removed from Debian and no one was really all that interested in
responses from Sun, cf:

   http://lists.debian.org/debian-legal/2006/06/msg00025.html
   http://lists.debian.org/debian-legal/2006/06/msg00031.html
   http://lists.debian.org/debian-legal/2006/06/msg00051.html
   http://lists.debian.org/debian-legal/2006/06/msg00058.html
   http://lists.debian.org/debian-legal/2006/06/msg00098.html

And people are welcome to hold that opinion and speak about it all they
like, but the way Debian makes the actual call on whether a license
is suitable for distribution in non-free isn't based on who shouts the
loudest on a mailing list, it's on the views of the archive maintainers.

But that isn't the only issue at stake here, and it's not even the most
important one; the other is communicating with Sun and other upstream
authors the values that Debian thinks are important, and working with
them to find common ground so that the licenses they choose reflect some
of the goals and insights we've developed.

Sun have made it very clear that they're trying to work with us on this
for something that benefits our users, so that just leaves it to us
to decide what's more important: taking a principled stand that we'll
read every license literally and pedantically; or take advantage of
other means by which we can be confident in distributing the software,
and in so doing build a relationship with Sun that can be used later,
and improve the experience of using Debian for people who need Sun Java?

Certainly there are benefits to having a license that can be read
literally and pedantically without causing problems -- and they're not
small or neglible benefits either, as has been shown by pine, Qt, or ncftp
in the past. But when standing up for that principle doesn't actually
protect our users, and taking a flexible approach to it helps them, well,
we have a social contract to make sure we do bend at this sort of time.

 Some kind of more structured process would be nice, the DPL
 could play a useful role there.

The process for improving a license is pretty easy: someone suggests
improvements to the author, they consider them and ask around for advice,
there's some more discussion to make sure the suggestion is a good idea,
and eventually a new license is issued. In this case, Sun have already
gone to the effort of looking through Debian's procedures and started
participating on the -legal list; -legal meanwhile have been obstructive
in trying to tell Sun what their license means, even when that contradicts
what Sun understands their license to mean as documented in their FAQ,
and verified by their lawyers.

  and developing sufficient confidence in
  the Debian and free software community to release Java under an entirely
  free license.
 In my opinion, that's conflating two separate issues. 
 Afaict, noone working on the DLJ (from Sun's or Debian's side) knew
 anything about Sun's recently voiced intention to 'release Java under an
 entirely free license'.

I think interpreting that as an intention would be overstating it. Open
sourcing Java has been on the cards for quite a while, and equally there
have been objections to doing so for quite a while. One of the simplest
objections is that the free software community just aren't an interesting
market for Java people -- we don't want Java, so why spend effort giving
it to us? We have an opportunity, if we choose to take advantage of it,
get rid of that objection right now -- by putting in the effort to get
Java packaged up in non-free and made useful for our users, both we and
Sun can demonstrate that Java on Linux is actually a good idea. Or we
could reinforce that objection, by making sure that no step Sun might
take will achieve anything, and saying things like We've got Perl and
Python and Ruby, why would we want Java?

Personally, I'm not a Java programmer anymore than I'm a C++ or a
Fortran programmer. But I know Java's a language, and I know Sun have
written some runtime software for it, so I think that should first of
all be cleanly packaged for Debian, and second of all be free software,
and I just don't need a third thought on the issue.

 Sun already *is* part of the free software community, and has been for
 years. 

Sun is a big company; some parts are comfortable working with free
software, others aren't. Historically, the Java section hasn't been -- and
that's continues to be reflected in how well Java works on Linux. That's
something we should change.

 Debian ships lots of free software with Sun's 

Re: Sun Java available from non-free

2006-06-06 Thread Mike Bird
On Tuesday 06 June 2006 04:43, Anthony Towns wrote:
 Sun have made it very clear that they're trying to work with us on this
 for something that benefits our users, so that just leaves it to us
 to decide what's more important: taking a principled stand that we'll
 read every license literally and pedantically; or take advantage of
 other means by which we can be confident in distributing the software,
 and in so doing build a relationship with Sun that can be used later,
 and improve the experience of using Debian for people who need Sun Java?

Reading a proposed contract or license in any way other than
literally and pedantically is dumb.  Some actions are so
dumb that no nicer adjective is correct.  Judges are like
compilers.  Modulo judge bugs (which can usually be fixed on
appeal) judges process legal source files literally and
pedantically.

Debian has gcj etc without Debian indemnifying Sun.  Users
can install Sun's Java without Debian indemnifying Sun.
Being able to install Sun's Java with apt-get after editing
sources.list is a minor step forward, which would be welcome
if there were no significant downside.

Why is building a relationship with Sun so important to
Debian that it's worth the risk to Debian of indemnifying
Sun, Sun's licensors, and all their successors in interest?

--Mike Bird


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Re: Sun Java available from non-free

2006-06-06 Thread Thijs Kinkhorst
Hello Mike,

On Tue, 2006-06-06 at 07:41 -0700, Mike Bird wrote:
 Reading a proposed contract or license in any way other than
 literally and pedantically is dumb.  Some actions are so
 dumb that no nicer adjective is correct.  Judges are like
 compilers.  Modulo judge bugs (which can usually be fixed on
 appeal) judges process legal source files literally and
 pedantically.

I believe you are quite incorrect - judges are far from automatic. They
interpret each and every individual case on its own merit, circumstances
and context, on the intention of the law, and take the personal
situation of the involved parties in consideration. The keyword is
reason: a judge will try to decide in a way that he/she considers to
be the most reasonable, not the most literal.

More importantly, proclaiming the dumbness of people does not help
anyone on this list, including yourself.


Thijs


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Re: Sun Java available from non-free

2006-06-06 Thread John Goerzen
On Tue, Jun 06, 2006 at 09:43:02PM +1000, Anthony Towns wrote:
 Mmm. The impression I got was that people were waiting for the packages
 to be removed from Debian and no one was really all that interested in
 responses from Sun, cf:
 
http://lists.debian.org/debian-legal/2006/06/msg00025.html
http://lists.debian.org/debian-legal/2006/06/msg00031.html
http://lists.debian.org/debian-legal/2006/06/msg00051.html

Well, that is not accurate.  Sun's responses are indeed quite
interesting to Debian.  However, if their response is in the form of a
FAQ that explicitly has no legal bearing on the matter, or in the
form of mailing list posts that have no legal bearing on the matter,
they have not yet resolved the problem.

If Debian agrees to do X, and commits itself legally to doing X, which
is what Sun's license is asking, why should our standards for Sun be any
different than for someone else?

If Sun and Debian agree to certain terms in a contract, and then one
party posts a FAQ, or a mailing list post, or whatever, that explicitly
has no legal influence, how does that resolve concerns?

To me, you are confusing two entirely different problems.

1) The FAQ explicitly has no legal bearing on things and, as such,
   can't be used to consider whether Debian can distribute something.

2) The FAQ can be a useful place to begin a discussion with Sun on
   fixing the license and perhaps putting some of the material in the
   FAQ into it, and this has been suggested to them.


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Re: Sun Java available from non-free

2006-06-06 Thread MJ Ray
Anthony Towns aj@azure.humbug.org.au [...]
 And people are welcome to hold that opinion and speak about it all they
 like, but the way Debian makes the actual call on whether a license
 is suitable for distribution in non-free isn't based on who shouts the
 loudest on a mailing list, it's on the views of the archive maintainers.

The package maintainer did not ask debian-legal (serious bug) and I'm
really surprised that the archive maintainers felt no need to consult
developers about this licence, in public or private, or SPI, before
agreeing to indemnify Sun so broadly.

I've not actively worked on this so far because:
1. I'm not up-to-date with the situation;
2. I've seen mention that others here are filing bug reports;
3. I don't use non-free anyway;
4. there's already working java in main; and
5. I think those responsible are personally at risk, not debian's property.

This seems another topic that the DPL is inflaming unnecessarily. It's
a shame voters didn't believe those who pointed out that #debian-tech
rules are a conflict-creation system, not a conflict-resolution one.

[...]
 Sun have made it very clear that they're trying to work with us on this
 for something that benefits our users, so that just leaves it to us
 to decide what's more important: taking a principled stand that we'll
 read every license literally and pedantically; or take advantage of
 other means by which we can be confident in distributing the software,
 and in so doing build a relationship with Sun that can be used later,
 and improve the experience of using Debian for people who need Sun Java?

I know that you are confident in distributing the software under those
terms, but it looks to me like most of -legal would have picked a third
way: keep negotiating and wait for terms in which they are confident.
I'd call that prudence and good practice, not pedantry or obstruction.

 [...] In this case, Sun have already
 gone to the effort of looking through Debian's procedures and started
 participating on the -legal list; -legal meanwhile have been obstructive
 in trying to tell Sun what their license means, even when that contradicts
 what Sun understands their license to mean as documented in their FAQ,
 and verified by their lawyers.

-legal seems to have believed what Sun says their license means, namely
   It supersedes all prior or contemporaneous
oral or written communications, proposals, representations and
warranties and prevails over any conflicting or additional terms
of any quote, order, acknowledgment, or other communication
between the parties relating to its subject matter during the term
of this Agreement.
So, I don't think any reasonable person would prefer Sun's FAQ or emails
when they aren't clearly explaining particular terms in an obvious way.
If someone seems to say both X is entirely black and X is entirely
white then one has to look for some way to decide, such as the above.

Is there even any dispute that the DLJ indemnity seeks to overturn all
the no warranty statements in debian and leave the licensee liable
for the effects of everything in our operating system?

 [...] One of the simplest
 objections is that the free software community just aren't an interesting
 market for Java people -- we don't want Java, so why spend effort giving
 it to us? [...]

That is a strawman AICM5P.  There's been java in main for some time now
and the packages show up quite well in popcon, so there seems to be some
java people interested in us and it seems to be wanted.

Hope that helps,
-- 
MJR/slef
My Opinion Only: see http://people.debian.org/~mjr/
Please follow http://www.uk.debian.org/MailingLists/#codeofconduct


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Re: Sun Java available from non-free

2006-06-06 Thread Ron Johnson
-BEGIN PGP SIGNED MESSAGE-
Hash: SHA1

MJ Ray wrote:
 Anthony Towns aj@azure.humbug.org.au [...]
[snip]
 4. there's already working java in main; and

Partly/somewhat/mostly working.

- --
Ron Johnson, Jr.
Jefferson LA  USA

Is common sense really valid?
For example, it is common sense to white-power racists that
whites are superior to blacks, and that those with brown skins
are mud people.
However, that common sense is obviously wrong.
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Re: Sun Java available from non-free

2006-06-06 Thread Marco d'Itri
In linux.debian.legal MJ Ray [EMAIL PROTECTED] wrote:

The package maintainer did not ask debian-legal (serious bug) and I'm
They do not need to.

really surprised that the archive maintainers felt no need to consult
developers about this licence, in public or private, or SPI, before
agreeing to indemnify Sun so broadly.
They do not need too.

I've not actively worked on this so far because:
I fear thinking about what you could have done if you had chosen to be
more active...

4. there's already working java in main; and
I wish. (Well, actually I don't. I despise java and I am happy if it
will continue to be hard to use, but pretending that the free java
implementations are a replacement for the Sun implementation is bullshit.)

-legal seems to have believed what Sun says their license means, namely
debian-legal is just a mailing list and does not hold beliefs.

-- 
ciao,
Marco


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Re: Sun Java available from non-free

2006-06-06 Thread Dalibor Topic
On Tue, Jun 06, 2006 at 05:39:21PM -0500, Ron Johnson wrote:
 -BEGIN PGP SIGNED MESSAGE-
 Hash: SHA1
 
 MJ Ray wrote:
  Anthony Towns aj@azure.humbug.org.au [...]
 [snip]
  4. there's already working java in main; and
 
 Partly/somewhat/mostly working.

That's correct: Unfortunately, we've not completely finished liberating
all free software written in Java from the proprietary runtime dependency 
[1] yet. The work is progressing steadily, as can be seen from
the API coverage list at
http://www.kaffe.org/~stuart/japi/htmlout/h-jdk14-classpath.html for 1.4
and http://www.object-refinery.com/classpath/statcvs/ LOC charts. We
need more Java developers to help us create the best Java runtimes 
and class library implementation as free software.

The Debian Java packagers and the respective upstreams would likely
appreciate contributions to improve the state of support for free
software written in the Java programming language on free runtimes,
such that it can be moved into the main archive.

See http://www.classpath.org for helping out with the class library, 
and see, for example, FSF's gcj at http://gcc.gnu.org/java for the
leading (35%, says popcon) free runtime. Debian also packages JamVM 
and Cacao, among other traditional free runtimes, as well as IKVM. 
Please report bugs in the class library to GNU Classpath's bug tracker, 
so that they can be fixed. If you have a chance, please consider 
contributing a patch to help make the Java application you care about
work (better).

See http://jroller.com/page/dgilbert?entry=sven_de_genius ,
http://kennke.org/blog/?p=5 and http://kennke.org/blog/?p=7 for a few
applications that are currently being liberated from dependencies on 
proprietary Java implementations.

cheers,
dalibor topic

[1] http://www.gnu.org/philosophy/java-trap.html

 
 - --
 Ron Johnson, Jr.
 Jefferson LA  USA
 
 Is common sense really valid?
 For example, it is common sense to white-power racists that
 whites are superior to blacks, and that those with brown skins
 are mud people.
 However, that common sense is obviously wrong.
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 Comment: Using GnuPG with Mozilla - http://enigmail.mozdev.org
 
 iD8DBQFEhgQZS9HxQb37XmcRAvFaAKDC2niBaDpsJbiwvX0QA9utJhcQSACfe28j
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Re: Sun Java available from non-free

2006-06-06 Thread Anthony Towns
On Tue, Jun 06, 2006 at 11:34:10PM +0100, MJ Ray wrote:
 Anthony Towns aj@azure.humbug.org.au [...]
  And people are welcome to hold that opinion and speak about it all they
  like, but the way Debian makes the actual call on whether a license
  is suitable for distribution in non-free isn't based on who shouts the
  loudest on a mailing list, it's on the views of the archive maintainers.
 The package maintainer did not ask debian-legal (serious bug) 

That's mistaken. debian-legal is a useful source of advice, not a
decision making body. That's precisely as it should be, since there
is absolutely no accountability for anyone on debian-legal -- anyone,
developer or not, who agrees with the social contract or not, can reply
to queries raised on this list with their own opinion. If people have
weighed the costs and benefits of contacting -legal and decided not to,
that's entirely their choice.

 and I'm
 really surprised that the archive maintainers felt no need to consult
 developers about this licence, in public or private, or SPI, before
 agreeing to indemnify Sun so broadly.

We do not indemnify Sun for any actions Sun takes.

 I know that you are confident in distributing the software under those
 terms, but it looks to me like most of -legal would have picked a third
 way: keep negotiating and wait for terms in which they are confident.

As far as I've seen most of -legal would have taken the same attitude
you have -- there's already working java in main, I don't use non-free
anyway, found a few token problems and stopped helping Sun at all.

Fortunately, that's fine, since -legal is only a useful place to consult,
not the only way Debian can deal with people who want to make their
software available to Debian users.

 So, I don't think any reasonable person would prefer Sun's FAQ or emails
 when they aren't clearly explaining particular terms in an obvious way.

If you want to dismiss the people who disagree with you, including
myself, as unreasonable, then there's not really any point having this
conversation.

 Is there even any dispute that the DLJ indemnity seeks to overturn all
 the no warranty statements in debian and leave the licensee liable
 for the effects of everything in our operating system?

If you're actually claiming that's what it does, then I guess there is.

Cheers,
aj



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Re: Sun Java available from non-free

2006-06-05 Thread Josselin Mouette
Le dimanche 04 juin 2006 à 22:48 +0200, Wouter Verhelst a écrit :
 Is the popular press ever right on Debian-related matters? No. Should
 we care? No.

Why shouldn't we care? Debian suffers from its image and this has been a
known problem for years, and we shouldn't care?
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Re: Sun Java available from non-free

2006-06-05 Thread Josselin Mouette
Le lundi 05 juin 2006 à 06:23 +0100, Carlos Correia a écrit :
  How about stopping the discussions about who is a developer or not, who
  has the right to discuss or not, and sticking to the facts?
 
 What a big troll you are...
 
 - From all your posts, there is only one thing we got to know: your
 opinion, which is, basicly, GPL or nothing. No need to go on trolling
 around... everyone has got your point.

If you haven't followed the discussions, you probably don't have to tell
the whole world about it.
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Re: Sun Java available from non-free

2006-06-05 Thread Andrew Donnellan

On 6/4/06, Mike Bird [EMAIL PROTECTED] wrote:

On Sunday 04 June 2006 02:23, Andrew Donnellan wrote:
 On 6/4/06, Anthony Towns aj@azure.humbug.org.au wrote:
  For those playing along at home, Mike isn't a Debian developer, doesn't
  maintain any packages, and isn't a new-maintainer applicant. He doesn't
  even seem to be a regular participant on the debian-legal list.

 As a semi-regular on -legal, I can say he is.

Although a regular reader of debian-legal, I seldom post here.  I
believe Andrew may have seen me on -devel, -isp, -users, etc.


Yes, I think I was reading off -devel.



If Towns and Langasek have finished with the ad hominems,
can we now return to consideration of the issues?


Yes. As it seems here, the DDs, including one DPL, are trolling and
making completely offtopic posts.

Now I *really* wish mailing lists had moderation like /. does. -1
Troll to nearly every post AJ has made here.

andrew

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Re: Sun Java available from non-free

2006-06-05 Thread Nathanael Nerode

[EMAIL PROTECTED] wrote:

By whom? A bunch of people with too much time on their hands. Is there
an actual lawyer involved? I don't think so.


This is a crazy stupid argument.  By this argument, Debian should distribute 
absolutely
anything, no matter what the license, unless a lawyer gets involved.  Never mind
actually bothering to get a valid copyright license -- there's no actual lawyer
involved, so we don't have to worry!  Let's distribute copies of some websites 
which
seem interesting!  After all, there's no lawyer involved!  How about some old 
movies
-- maybe Gone with the Wind?  After all there's no lawyer involved!

Please desist from making completely moronic arguments.  If you would like to 
hire a
copyright lawyer and provide his or her services to Debian, it would be much 
appreciated.
Until then, we make do with what we have, and try to work out what licenses mean
as best we can.  In particular, we tend to demand licenses where we can clearly 
tell,
without being lawyers, that they don't require bad things.  It's because we're 
not
lawyers that we err on the side of caution.  If you disagree on some point of 
license
interpretation, please argue the merits of the matter.  Don't say Oh, you're 
not
a lawyer, so I can't hear you, la la la.

This applies to everyone who likes to slag off debian-legal, by the way.

Your other arguments were reasonable and sensible.  :-)



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Re: Sun Java available from non-free

2006-06-05 Thread Brett Parker
On Sun, Jun 04, 2006 at 11:02:59PM +0200, Javier Fern?ndez-Sanguino Pe?a wrote:
 On Sun, Jun 04, 2006 at 04:52:22PM +0200, Wouter Verhelst wrote:
 - something it already had (admins who really wanted Sun's Java could
   always go to java.sun.com and install it themselves or use java-package)
  
  Well, see, *this* is not true. Sure, it's possible to install Java on a
  Debian system; one can even turn a non-free binary java distribution
  into a Debian package and install that by using java-package. However,
  this is a far cry from
  * Being able to install non-free Java on your Debian system, even if the
oldest Java binaries being distributed by the original authors are
more recent than the ones java-package is ready for
  * Being able to just install non-free Java by running apt-get install.
  * Being able to upgrade to a newer (fixed) version of Java by just
running apt-get upgrade
 
 Please RTFM [1], Blackdown has been distributing java packages for Debian
 through their own APT repositories and mirror network for quite some time.
 For example check this:
 
 # Blackdown Java
 deb ftp://ftp.gwdg.de/pub/languages/java/linux/debian unstable non-free

Apparently you've not been following the world very closely, blackdown
haven't updated the packages in that archive for some time, and now
suggest using java-package to create your own packages.

Personally, I'd much rather the Sun JVM was removed from non-free until
the licence is sorted to an extent that means SPI isn't legally bound by
distributing it in non-free. java-package works, and it works well.

Thanks,
-- 
Brett Parker


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Re: Sun Java available from non-free

2006-06-05 Thread Anthony Towns
On Sun, Jun 04, 2006 at 06:13:27AM -0500, Bill Allombert wrote:
 As for the relevance of Sun position on Debian developers, there simply
 is none.

The issue at question is whether Sun has given adequate permission for
Debian to include java in non-free -- Sun's position on that isn't just
relevant, it's the entire question.

Cheers,
aj



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Re: Sun Java available from non-free

2006-06-05 Thread Anthony Towns
On Sun, Jun 04, 2006 at 12:13:16PM +0200, Michael Meskes wrote:
 On Sun, Jun 04, 2006 at 09:57:40AM +1000, Anthony Towns wrote:
  position. Debian's position, as consistently expressed by ftpmaster,
  on this list, and in the press, is that the license is acceptable for
  non-free, and that is also Sun's position.
 Just for clarification, a position expressed by a person that has a
 special position but is not elected is to be considered an official
 statement by the project? 

To a degree, yes. In this particular case, ftpmaster are the maintainers
of the archive, and their statements on what's suitable for the archive
are authoritative by definition -- that's precisely what their area of
authority is. The same thing applies when the dpkg maintainer speaks
about dpkg -- every maintainer is an authority on their own package.

Beyond that, the DPL is authorised to make statements of support
for points of view or for other members of the project, when asked
or otherwise (5.1.2), which I've done above, and that is an elected
position, if you feel that makes a difference.

Those aren't the final word; technical statements by maintainers can be
overruled by the technical committee, and pretty much anything can be
overruled by a general resolution of some sort or another, but, just
for clarification, yes that really is the way things work in Debian.

Cheers,
aj

-- 
Anthony Towns -- Debian Project Leader


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Re: Sun Java available from non-free

2006-06-05 Thread Eduard Bloch
#include hallo.h
* Andrew Donnellan [Mon, Jun 05 2006, 07:13:29AM]:

 No. The conclusion is that sane Debian developers do recognize the
 problem and prepare an effective solution for it in silence. In
 the meantime wanna-be developers are allowed to troll on debian-devel
 list. They should just not be able to appear as beeing competent or even
 be in charge, which has been prevented by the DPL.
 
 What is wrong with not being a DD? I'm not one, I'm not in NM, I don't
 maintain any packages, I just care about free software and Debian in
 particular.

Phrased after a famous german comedian: Democracy means, you are allowed
to have an opinion on everything. You do not have to. Especially some
people should learn a simple fact: if you do not have anything new to
say, just STFU.

 Debian is supposed to be *open* and *transparent*. Telling off users
 because their opinion doesn't matter is just stupid. What Mike said is
 completely relevant, and IMHO correct.

Yes. Should 100 people appear now and say the same things again, and
again, and again? WE GOT IT. WE DO NOT NEED TO READ IT AGAIN.

We are not through with this issue, and it will be solved in the near
future. Just stop chewing the same arguments, let the people do their
work. And do not try to polarize the discussion with another summary of
facts, yeah, I could contribute to this discussion somehow so I rock.

Eduard.


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Re: Sun Java available from non-free

2006-06-05 Thread Bill Allombert
On Mon, Jun 05, 2006 at 07:43:42PM +1000, Anthony Towns wrote:
 To a degree, yes. In this particular case, ftpmaster are the maintainers
 of the archive, and their statements on what's suitable for the archive
 are authoritative by definition -- that's precisely what their area of
 authority is. The same thing applies when the dpkg maintainer speaks
 about dpkg -- every maintainer is an authority on their own package.

Of course, but the authority of doing something and Debian position
are different concepts. One is techical decision and the other a policy
decision. The ftpmaster implement the policy but do not decide it.

 Beyond that, the DPL is authorised to make statements of support
 for points of view or for other members of the project, when asked
 or otherwise (5.1.2), which I've done above, and that is an elected
 position, if you feel that makes a difference.

Could you be more specific about the above ? i.e. Where did you
make a (5.1.2) statement ? 

In that case, I would suggest Constitution 5.3.

Cheers,
-- 
Bill. [EMAIL PROTECTED]

Imagine a large red swirl here.


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Re: Sun Java available from non-free

2006-06-05 Thread Bill Allombert
On Mon, Jun 05, 2006 at 07:44:54PM +1000, Anthony Towns wrote:
 On Sun, Jun 04, 2006 at 06:13:27AM -0500, Bill Allombert wrote:
  As for the relevance of Sun position on Debian developers, there simply
  is none.
 
 The issue at question is whether Sun has given adequate permission for
 Debian to include java in non-free -- Sun's position on that isn't just
 relevant, it's the entire question.

The actual issues raised were about obligation and liabilities incurred
by Debian much more than whether we have permission to include it. 
(The purpose of the license is to trade the permission with obligation
and liabilities).

I don't see Sun having a position on the amount of obligation and
liability Debian should accept and how such position would be relevant
to Debian policy.

Cheers,
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Re: Sun Java available from non-free

2006-06-05 Thread Josselin Mouette
Le lundi 05 juin 2006 à 12:54 +0200, Eduard Bloch a écrit :
 Yes. Should 100 people appear now and say the same things again, and
 again, and again? WE GOT IT. WE DO NOT NEED TO READ IT AGAIN.

Apparently some people haven't received it, if they need to dismiss the
argument based on the fact it has been expressed by non-developers.

 We are not through with this issue, and it will be solved in the near
 future.

What makes you believe this will be solved in the near future?
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Re: Sun Java available from non-free

2006-06-04 Thread Mike Bird
On Saturday 03 June 2006 16:57, Anthony Towns wrote:
 You can say that if you like, but please be aware that it's not Debian's
 position. Debian's position, as consistently expressed by ftpmaster,
 on this list, and in the press, is that the license is acceptable for
 non-free, and that is also Sun's position.

Non-freeness is a red herring.  The issue is that a small cabal -
- a small cabal operating outside its field of expertise - has
placed Debian in the position of indemnifying Sun.

The response that Debian can drop Java is irrelevant.  Dropping
Java would not retroactively remove Debian's indemnification
liablity.  

The response that the FAQ protects Debian is plain wrong.
The FAQ on its face states that it does not modify the license.

The response that conversations with Sun protect Debian is
naive.  By now the small cabal would have posted any
written promises from Sun if it had them.  Anything less is
worthless.

The response that Debian has no assets to be lost is nice in
theory but absurd in practice.  The small cabal has given
potential adversaries an opening to file non-frivolous lawsuits
against Debian, Debian mirrors, and Debian contributors.
Potential adverseries include successors in Sun's interest.
In real world courts, such lawsuits could result in significant
damage to Debian in particular and FOSS in general.

Too many excuses.  All inadequate.

It is past time that the covert actions of the small cabal
were openly reviewed.  The license (for convenience), any
relevant written promises from Sun (if any), and any relevant
written legal opinions from counsel (if any) should forthwith
be posted to debian-legal.

--Mike Bird


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Re: Sun Java available from non-free

2006-06-04 Thread Anthony Towns
On Sun, Jun 04, 2006 at 12:18:39AM -0700, Mike Bird wrote:
 Too many excuses.  All inadequate.
 
 It is past time that the covert actions of the small cabal
 were openly reviewed.  The license (for convenience), any
 relevant written promises from Sun (if any), and any relevant
 written legal opinions from counsel (if any) should forthwith
 be posted to debian-legal.

For those playing along at home, Mike isn't a Debian developer, doesn't
maintain any packages, and isn't a new-maintainer applicant. He doesn't
even seem to be a regular participant on the debian-legal list.

Cheers,
aj



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Re: Sun Java available from non-free

2006-06-04 Thread Andrew Donnellan

On 6/4/06, Anthony Towns aj@azure.humbug.org.au wrote:


For those playing along at home, Mike isn't a Debian developer, doesn't
maintain any packages, and isn't a new-maintainer applicant. He doesn't
even seem to be a regular participant on the debian-legal list.


As a semi-regular on -legal, I can say he is.


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Re: Sun Java available from non-free

2006-06-04 Thread Josselin Mouette
Le dimanche 04 juin 2006 à 17:39 +1000, Anthony Towns a écrit :
 For those playing along at home, Mike isn't a Debian developer, doesn't
 maintain any packages, and isn't a new-maintainer applicant. He doesn't
 even seem to be a regular participant on the debian-legal list.

Despite all of that, he's written a pretty good summary of the
situation. You can add all personal attacks you want, that won't change.
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Re: Sun Java available from non-free

2006-06-04 Thread Brett Parker
On Sun, Jun 04, 2006 at 05:39:10PM +1000, Anthony Towns 
aj@azure.humbug.org.au wrote:
 On Sun, Jun 04, 2006 at 12:18:39AM -0700, Mike Bird wrote:
  Too many excuses.  All inadequate.
  
  It is past time that the covert actions of the small cabal
  were openly reviewed.  The license (for convenience), any
  relevant written promises from Sun (if any), and any relevant
  written legal opinions from counsel (if any) should forthwith
  be posted to debian-legal.
 
 For those playing along at home, Mike isn't a Debian developer, doesn't
 maintain any packages, and isn't a new-maintainer applicant. He doesn't
 even seem to be a regular participant on the debian-legal list.

For those DPLs that should know better... he has a fair point. Rather
than debunking, how about participating?

Cheers,
Brett.


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Re: Sun Java available from non-free

2006-06-04 Thread Michael Meskes
On Sun, Jun 04, 2006 at 09:57:40AM +1000, Anthony Towns wrote:
 position. Debian's position, as consistently expressed by ftpmaster,
 on this list, and in the press, is that the license is acceptable for
 non-free, and that is also Sun's position.

Just for clarification, a position expressed by a person that has a
special position but is not elected is to be considered an official
statement by the project? 

Michael
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Re: Sun Java available from non-free

2006-06-04 Thread Olaf van der Spek

On 6/4/06, Anthony Towns aj@azure.humbug.org.au wrote:

On Sun, Jun 04, 2006 at 12:18:39AM -0700, Mike Bird wrote:
 Too many excuses.  All inadequate.

 It is past time that the covert actions of the small cabal
 were openly reviewed.  The license (for convenience), any
 relevant written promises from Sun (if any), and any relevant
 written legal opinions from counsel (if any) should forthwith
 be posted to debian-legal.

For those playing along at home, Mike isn't a Debian developer, doesn't
maintain any packages, and isn't a new-maintainer applicant. He doesn't
even seem to be a regular participant on the debian-legal list.


None of those things seem to be relevant.


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Re: Sun Java available from non-free

2006-06-04 Thread Steve Langasek
On Sun, Jun 04, 2006 at 12:18:16PM +0200, Olaf van der Spek wrote:
 On 6/4/06, Anthony Towns aj@azure.humbug.org.au wrote:
 On Sun, Jun 04, 2006 at 12:18:39AM -0700, Mike Bird wrote:
  Too many excuses.  All inadequate.

  It is past time that the covert actions of the small cabal
  were openly reviewed.  The license (for convenience), any
  relevant written promises from Sun (if any), and any relevant
  written legal opinions from counsel (if any) should forthwith
  be posted to debian-legal.

 For those playing along at home, Mike isn't a Debian developer, doesn't
 maintain any packages, and isn't a new-maintainer applicant. He doesn't
 even seem to be a regular participant on the debian-legal list.

 None of those things seem to be relevant.

For those still playing, Olaf also isn't a Debian developer, doesn't
maintain any packages, and isn't a new-maintainer applicant.  He's made
something like 5 posts to debian-legal, though, which I guess given Andrew
Donnellan's assertion that someone with one post ever on -legal is a
regular participant, means Olaf is a senior analyst or something.

As beautiful as this irony is of a non-developer asserting on a developer
list that being involved in development is irrelevant, you might want to
give some thought to the question of why a non-developer making demands of
anyone might be seen as doubly-inappropriate.

-- 
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Debian Developer   to set it on, and I can move the world.
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Re: Sun Java available from non-free

2006-06-04 Thread Josselin Mouette
Le dimanche 04 juin 2006 à 03:59 -0700, Steve Langasek a écrit :
 For those still playing, Olaf also isn't a Debian developer, doesn't
 maintain any packages, and isn't a new-maintainer applicant.  He's made
 something like 5 posts to debian-legal, though, which I guess given Andrew
 Donnellan's assertion that someone with one post ever on -legal is a
 regular participant, means Olaf is a senior analyst or something.
 
 As beautiful as this irony is of a non-developer asserting on a developer
 list that being involved in development is irrelevant, you might want to
 give some thought to the question of why a non-developer making demands of
 anyone might be seen as doubly-inappropriate.

How about stopping the discussions about who is a developer or not, who
has the right to discuss or not, and sticking to the facts?
-- 
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Re: Sun Java available from non-free

2006-06-04 Thread John Goerzen
On Sun, Jun 04, 2006 at 05:39:10PM +1000, Anthony Towns wrote:
 On Sun, Jun 04, 2006 at 12:18:39AM -0700, Mike Bird wrote:
  be posted to debian-legal.
 
 For those playing along at home, Mike isn't a Debian developer, doesn't
 maintain any packages, and isn't a new-maintainer applicant. He doesn't
 even seem to be a regular participant on the debian-legal list.

That's not even remotely relevant to the points he makes.  The identity
of the person that makes the arguments isn't relevant.  The arguments
are.

Frankly, I am concerned about the points he raises and it troubles me
that you would seek to attack the person rather than the points he has
raised.

-- John


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Re: Sun Java available from non-free

2006-06-04 Thread Bill Allombert
On Sun, Jun 04, 2006 at 09:57:40AM +1000, Anthony Towns wrote:
  OTOH, I'd say pull it *now* while distribution is low, then fix the
  problems, and only *then* get it back in... seems to be the least
  damaging route to go for, imho.
 
 You can say that if you like, but please be aware that it's not Debian's
 position. Debian's position, as consistently expressed by ftpmaster,
 on this list, and in the press, is that the license is acceptable for
 non-free, and that is also Sun's position.

I see no ground in the Debian constitution to claim this is Debian's
position.  Being the ftp-masters decisision does not make it the
Debian's position. 

As for the relevance of Sun position on Debian developers, there simply
is none.

Cheers,
-- 
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Re: Sun Java available from non-free

2006-06-04 Thread Henning Makholm
Scripsit Steve Langasek [EMAIL PROTECTED]

 As beautiful as this irony is of a non-developer asserting on a developer
 list that being involved in development is irrelevant,

But being involved in development _is_ irrelevant as regards whether
his arguments have merit or not.

-- 
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   all I meant was that he likes to have a bang everywhere.


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Re: Sun Java available from non-free

2006-06-04 Thread Stephen Samuel

Bill Allombert wrote:

On Sun, Jun 04, 2006 at 09:57:40AM +1000, Anthony Towns wrote:
  
I see no ground in the Debian constitution to claim this is Debian's

position.  Being the ftp-masters decisision does not make it the
Debian's position. 


As for the relevance of Sun position on Debian developers, there simply
is none.
  

I will generally work from a presumption that the ftp-master has
a good deal of experience judging what does and does not fit the
Debian community's and Debian constitutions interests and purpose.

(but of course we're all human, so it's still possible that one or two
packages are incorrectly classified).

Sun's position, while not authoritative, does support the ftp-master's
decision. I expect that if sun had a good reason for arguing that Java
should be distributed under (the more widely available) default branch,
they would have done so, since that would help java's market penetration.
If they say that it belongs in non-free  (and nobody manages to credibly
debunk that position ) then I would be inclined  to believe that it 
shouldn't be rated any better than whatthey specified.


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Re: Sun Java available from non-free

2006-06-04 Thread Christian Perrier
 Non-freeness is a red herring.  The issue is that a small cabal -
 - a small cabal operating outside its field of expertise - has
 placed Debian in the position of indemnifying Sun.


And isn't another small cabal of freeness junkies, who cannot accept
that it is actually possible to work with commercial vendors to assist
them in their way to free software, doing exactly the opposite by
playing words with legal issues ?

I see this Java issue from very far and by overreading most of the
thread but it is turning absolutely crazy and out of the reality.

This is not my Debian and this is not the Debian that drove me so far
from my home to talk about Free Software to people who are currently
trying to get their language and culture supported by computers.

Either grow up or land down on Mother Earth, people, please

(thankfully for many ears, my English is currently too limited to go
farther than freeness junkiesprobably better here as well)




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Re: Sun Java available from non-free

2006-06-04 Thread Olaf van der Spek

On 6/4/06, Steve Langasek [EMAIL PROTECTED] wrote:

On Sun, Jun 04, 2006 at 12:18:16PM +0200, Olaf van der Spek wrote:
 On 6/4/06, Anthony Towns aj@azure.humbug.org.au wrote:
 On Sun, Jun 04, 2006 at 12:18:39AM -0700, Mike Bird wrote:
  Too many excuses.  All inadequate.

  It is past time that the covert actions of the small cabal
  were openly reviewed.  The license (for convenience), any
  relevant written promises from Sun (if any), and any relevant
  written legal opinions from counsel (if any) should forthwith
  be posted to debian-legal.

 For those playing along at home, Mike isn't a Debian developer, doesn't
 maintain any packages, and isn't a new-maintainer applicant. He doesn't
 even seem to be a regular participant on the debian-legal list.

 None of those things seem to be relevant.

For those still playing, Olaf also isn't a Debian developer, doesn't
maintain any packages, and isn't a new-maintainer applicant.  He's made
something like 5 posts to debian-legal, though, which I guess given Andrew
Donnellan's assertion that someone with one post ever on -legal is a
regular participant, means Olaf is a senior analyst or something.


I guess the conclusion is that being a Debian developer means you're
right and not being one means you're wrong?


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Re: Sun Java available from non-free

2006-06-04 Thread Roberto C. Sanchez
Christian Perrier wrote:
 
 And isn't another small cabal of freeness junkies, who cannot accept
 that it is actually possible to work with commercial vendors to assist
 them in their way to free software, doing exactly the opposite by
 playing words with legal issues ?
 
Please explain how this helping them on their way to free software.
Don't get me wrong, I applaud their contributions to the open
source/free software communities (NetBeans, OpenOffice, Gnome
contributions, etc).  However, I have a hard time understanding how
Debian distributing Java, which, judging by all the debate, is still
under questionable license terms, will help.  In my opinion, a continued
refusal to distribute it until it met the required criteria would be
much better.  As it stands, here is it appears:

Sun has gained for Java:
  - approval or validation as free enough for all Linux distros
(remember, Debian is seen as the most restrictive in this regard)
  - a willing accomplice
  - a demotivation to find more favorable licensing terms

Debian has gained:
  - lots of people blogging about this whole mess
  - possible future legal problems (extent is still being sorted out)
  - something it already had (admins who really wanted Sun's Java could
always go to java.sun.com and install it themselves or use java-package)

I would regard this situation as Debian having been played.

-Roberto

Full disclosure:

I am not a DD
I am in the NM queue
I have posted a few dozen times to debian-legal
I am not some sort of legal analyst or expert
I think this whole mess is rather absurd
Flame away

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Re: Sun Java available from non-free

2006-06-04 Thread Roberto C. Sanchez
Olaf van der Spek wrote:
 
 I guess the conclusion is that being a Debian developer means you're
 right and not being one means you're wrong?
 

More like, being a Debian developer means your arguments are ignored and
not being a Debian developer means your arguments are ignored (for a
completely different reason).

-Roberto

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Re: Sun Java available from non-free

2006-06-04 Thread Steinar H. Gunderson
On Sun, Jun 04, 2006 at 08:45:11AM -0400, Roberto C. Sanchez wrote:
   - something it already had (admins who really wanted Sun's Java could
 always go to java.sun.com and install it themselves or use java-package)

Come on; you could say this about almost _every single_ package in the
archive.  Admins who wanted it, could always go and install it themselves.
Granted, java-package makes the integration easier, but having it directly
available from apt is a world of difference.

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Re: Sun Java available from non-free

2006-06-04 Thread Roberto C. Sanchez
Steinar H. Gunderson wrote:
 On Sun, Jun 04, 2006 at 08:45:11AM -0400, Roberto C. Sanchez wrote:
 
  - something it already had (admins who really wanted Sun's Java could
always go to java.sun.com and install it themselves or use java-package)
 
 
 Come on; you could say this about almost _every single_ package in the
 archive.  Admins who wanted it, could always go and install it themselves.
 Granted, java-package makes the integration easier, but having it directly
 available from apt is a world of difference.
 

Point taken.  But then, with the Sun Java situation, the individual
admin was taking on the responsbility.  Debian had no stake in the
matter.  Now, that is no longer true.  Having Oracle available via apt
would make a world of difference to many admins.  If Larry Ellison shows
up at the next DebConf can we expect Debian to start distributing Oracle
as well?

-Roberto

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Re: Sun Java available from non-free

2006-06-04 Thread John Goerzen
Also, I should add that agreeing to a license that commits SPI to
indemnify Sun in certain circumstances should not have happened without
consulting with the board of SPI and SPI's attorney.  **Regardless** of
the particular opinion on whether or not this is a legal risk, this
consultation should have happened so that SPI was aware of the situation
and could have obtained an opinion from a qualified attorney.

Do not forget that SPI, as the legal entity representing Debian and the
holder of the assets of Debian, is on the hook for this if Sun (or any
licensor) gets sued and tries to recover from Debian.

I am not well-versed enough with the history of all this to know the
answer to the question, but I would also raise the question of whether
random Debian developers (even if the group includes the DPL) have the
authority to enter into such a legal agreement without the consent of
SPI.

I don't know the answer to that, nor am I trying to advocate any
particular point of view.  But I think it is something that bears
discussion.

Even if we determine that such consultation is not *required*, it would
certainly be the more polite thing to do.

-- John


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Re: Sun Java available from non-free

2006-06-04 Thread Eduard Bloch
#include hallo.h
* Olaf van der Spek [Sun, Jun 04 2006, 02:31:00PM]:

 For those still playing, Olaf also isn't a Debian developer, doesn't
 maintain any packages, and isn't a new-maintainer applicant.  He's made
 something like 5 posts to debian-legal, though, which I guess given Andrew
 Donnellan's assertion that someone with one post ever on -legal is a
 regular participant, means Olaf is a senior analyst or something.
 
 I guess the conclusion is that being a Debian developer means you're
 right and not being one means you're wrong?

No. The conclusion is that sane Debian developers do recognize the
problem and prepare an effective solution for it in silence. In
the meantime wanna-be developers are allowed to troll on debian-devel
list. They should just not be able to appear as beeing competent or even
be in charge, which has been prevented by the DPL.

Eduard.


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Re: Sun Java available from non-free

2006-06-04 Thread Davide G. M. Salvetti
  AT == Anthony Towns [2006-6-4]

AT For those playing along at home, Mike isn't a Debian developer,
AT doesn't maintain any packages, and isn't a new-maintainer
AT applicant. He doesn't even seem to be a regular participant on the
AT debian-legal list.

So what?

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please on-topic messages (Re: Sun Java available from non-free)

2006-06-04 Thread Bart Martens
 AT For those playing along at home, zzz isn't a Debian developer,
 AT doesn't maintain any packages, and isn't a new-maintainer
 AT applicant. He doesn't even seem to be a regular participant on the
 AT debian-legal list.
 
 So what?

I would like to request everyone to think before posting any message on
the debian mailing lists.  Which mailing list is the most appropriate
one? Must the message be posted on multiple mailing lists, or is one
list enough? Does my message add enough value to be worth posting to so
many people? Is the subject still the same or does my message start a
new discussion? Does it work towards a real solution for the issue being
discussed? Have I read all previous messages of the subject so that my
message doesn't repeat what's already said? And so on.

Thanks,

Bart Martens


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Re: Sun Java available from non-free

2006-06-04 Thread Dalibor Topic
On Sun, 2006-06-04 at 09:57 +1000, Anthony Towns wrote:

 I would furthermore strongly encourage people to work *with* Sun towards
 improving the current license

There have been numerous issues with the current text pointed out here
already, I guess people are currently just waiting for the fixes from
Sun's legal. Some kind of more structured process would be nice, the DPL
could play a useful role there.

  and developing sufficient confidence in
 the Debian and free software community to release Java under an entirely
 free license.

In my opinion, that's conflating two separate issues. 

Afaict, noone working on the DLJ (from Sun's or Debian's side) knew
anything about Sun's recently voiced intention to 'release Java under an
entirely free license'. 

That intention has been publicized after Sun announced the
Debian/Canonical deal, rather then as part of it. I don't recall either
Schwartz or Green giving an impression at JavaOne that Sun's decision
was or would be influenced by Debian carrying DLJ-licensed software.
Suggesting that two issues are interrelated seems unwarranted to me,
given the currently publicly available knowledge.

Sun already *is* part of the free software community, and has been for
years. Debian ships lots of free software with Sun's copyright on it. I
would be very surprised if a multi-billion dollar corporation with 35k+
employees, largely working on free software, needed particular
handholding from someone else to figure out what free software is, given
how many bright people work over there on free software already. ;)

cheers,
dalibor topic


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Re: Sun Java available from non-free

2006-06-04 Thread Matthew Garrett
John Goerzen [EMAIL PROTECTED] wrote:
 On Sun, Jun 04, 2006 at 05:39:10PM +1000, Anthony Towns wrote:
 For those playing along at home, Mike isn't a Debian developer, doesn't
 maintain any packages, and isn't a new-maintainer applicant. He doesn't
 even seem to be a regular participant on the debian-legal list.
 
 That's not even remotely relevant to the points he makes.  The identity
 of the person that makes the arguments isn't relevant.  The arguments
 are.

How about reading what Anthony actually replied to? Mike demanded that 
the DPL perform certain actions. Suggesting that somebody actually get 
involved in Debian before making demands of its leadership isn't 
unreasonable. Alternatively, it could be phrased as a request.

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Re: Sun Java available from non-free

2006-06-04 Thread Wouter Verhelst
On Sun, Jun 04, 2006 at 08:45:11AM -0400, Roberto C. Sanchez wrote:
 Christian Perrier wrote:
  And isn't another small cabal of freeness junkies, who cannot accept
  that it is actually possible to work with commercial vendors to assist
  them in their way to free software, doing exactly the opposite by
  playing words with legal issues ?
  
 Please explain how this helping them on their way to free software.
 Don't get me wrong, I applaud their contributions to the open
 source/free software communities (NetBeans, OpenOffice, Gnome
 contributions, etc).  However, I have a hard time understanding how
 Debian distributing Java, which, judging by all the debate, is still
 under questionable license terms, will help.  In my opinion, a continued
 refusal to distribute it until it met the required criteria would be
 much better.  As it stands, here is it appears:
 
 Sun has gained for Java:
   - approval or validation as free enough for all Linux distros
 (remember, Debian is seen as the most restrictive in this regard)

Debian has not accepted Java in main. Any user sufficiently proficient
with anything remotely Debian-related knows that.

   - a willing accomplice

I'd suggest anyone googling for Debian Java and stumbling on this
thread will think differently.

   - a demotivation to find more favorable licensing terms

Since the people who've made this happen have claimed they want to go on
with this, I question that.

 Debian has gained:
   - lots of people blogging about this whole mess

Wonderful, isn't it?

   - possible future legal problems (extent is still being sorted out)

By whom? A bunch of people with too much time on their hands. Is there
an actual lawyer involved? I don't think so.

   - something it already had (admins who really wanted Sun's Java could
 always go to java.sun.com and install it themselves or use java-package)

Well, see, *this* is not true. Sure, it's possible to install Java on a
Debian system; one can even turn a non-free binary java distribution
into a Debian package and install that by using java-package. However,
this is a far cry from
* Being able to install non-free Java on your Debian system, even if the
  oldest Java binaries being distributed by the original authors are
  more recent than the ones java-package is ready for
* Being able to just install non-free Java by running apt-get install.
* Being able to upgrade to a newer (fixed) version of Java by just
  running apt-get upgrade

But you knew that already, I'm sure.

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Re: Sun Java available from non-free

2006-06-04 Thread Josselin Mouette
Le dimanche 04 juin 2006 à 08:58 -0400, Roberto C. Sanchez a écrit :
 If Larry Ellison shows
 up at the next DebConf can we expect Debian to start distributing Oracle
 as well?

If Oracle allows the project to distribute Oracle with *reasonable*
license terms for non-free, and if someone is willing to maintain it, I
don't think anyone here would object.
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Re: Sun Java available from non-free

2006-06-04 Thread Josselin Mouette
Le dimanche 04 juin 2006 à 17:50 +0600, Christian Perrier a écrit :
 And isn't another small cabal of freeness junkies, who cannot accept
 that it is actually possible to work with commercial vendors to assist
 them in their way to free software, doing exactly the opposite by
 playing words with legal issues ?

By talking of freeness, you are completely ignoring the whole
discussion. This is not a freeness issue, this is a distributability
issue. And even more than that, this is an internal political issue.

 I see this Java issue from very far and by overreading most of the
 thread but it is turning absolutely crazy and out of the reality.

People are overreacting mostly because of the way things have been done.
Had the normal procedure been followed, and had this premature press
release not been released, the whole affair would have been confined to
a thread on debian-legal. Packages with questionable license terms, even
in main? People on debian-legal find some of them in the archive each
month. Does it generate so much fuss?

 This is not my Debian and this is not the Debian that drove me so far
 from my home to talk about Free Software to people who are currently
 trying to get their language and culture supported by computers.

Come on, you're a grown-up, you don't have to try to play with people's
feelings. Please get out of this teletubby outfit and stick to the
facts.
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Re: Sun Java available from non-free

2006-06-04 Thread Walter Landry
Bill Allombert [EMAIL PROTECTED] wrote:
 On Sat, Jun 03, 2006 at 07:37:21PM +0200, Toni Mueller wrote:
   I really hope we can solve the issues in a graceful manner.
  
  ...and fast, too. This is urgent while that the package is in the
  archive with the broken license. I think we should set a strict
  deadline for pulling it, if not immediately doing it (which I prefer).
 
 I would suggest you start by reporting a RC bug listing all the legal
 objections so far so at least it do not get more usage by being
 migrated to testing. 

Bugs #370245, #370295, #370296.  I tried to stick to clear-cut cases
where Debian is not following the license.  Indemnification is more of
a policy decision.  The non-free is not part of Debian argument is
also unclear, since a lot of people do not think it is true in
practice.  Other than that, I think I covered all of the truly
problematic cases (as opposed to just being really annoying).

Cheers,
Walter Landry
[EMAIL PROTECTED]


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Re: Sun Java available from non-free

2006-06-04 Thread Roberto C. Sanchez
Wouter Verhelst wrote:
 On Sun, Jun 04, 2006 at 08:45:11AM -0400, Roberto C. Sanchez wrote:
 
Christian Perrier wrote:

And isn't another small cabal of freeness junkies, who cannot accept
that it is actually possible to work with commercial vendors to assist
them in their way to free software, doing exactly the opposite by
playing words with legal issues ?


Please explain how this helping them on their way to free software.
Don't get me wrong, I applaud their contributions to the open
source/free software communities (NetBeans, OpenOffice, Gnome
contributions, etc).  However, I have a hard time understanding how
Debian distributing Java, which, judging by all the debate, is still
under questionable license terms, will help.  In my opinion, a continued
refusal to distribute it until it met the required criteria would be
much better.  As it stands, here is it appears:

Sun has gained for Java:
  - approval or validation as free enough for all Linux distros
(remember, Debian is seen as the most restrictive in this regard)
 
 
 Debian has not accepted Java in main. Any user sufficiently proficient
 with anything remotely Debian-related knows that.
 
 
  - a willing accomplice
 
 
 I'd suggest anyone googling for Debian Java and stumbling on this
 thread will think differently.
 
 
  - a demotivation to find more favorable licensing terms
 
 
 Since the people who've made this happen have claimed they want to go on
 with this, I question that.
 
 
Debian has gained:
  - lots of people blogging about this whole mess
 
 
 Wonderful, isn't it?
 
 
  - possible future legal problems (extent is still being sorted out)
 
 
 By whom? A bunch of people with too much time on their hands. Is there
 an actual lawyer involved? I don't think so.
 
 
  - something it already had (admins who really wanted Sun's Java could
always go to java.sun.com and install it themselves or use java-package)
 
 
 Well, see, *this* is not true. Sure, it's possible to install Java on a
 Debian system; one can even turn a non-free binary java distribution
 into a Debian package and install that by using java-package. However,
 this is a far cry from
 * Being able to install non-free Java on your Debian system, even if the
   oldest Java binaries being distributed by the original authors are
   more recent than the ones java-package is ready for
 * Being able to just install non-free Java by running apt-get install.
 * Being able to upgrade to a newer (fixed) version of Java by just
   running apt-get upgrade
 
 But you knew that already, I'm sure.
 

All good points.  However, I think that much of the popular press (in
the sense of popular geek press) is not making the distinction between
Debian proper and Debian non-free.  Some have, but others have not.
Headlines like Debian distributes Sun Java are not uncommon.  Is it
right?  No.  Is it happening?  Yes.

-Roberto

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Re: Sun Java available from non-free

2006-06-04 Thread Ron Johnson
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Roberto C. Sanchez wrote:
 Wouter Verhelst wrote:
 On Sun, Jun 04, 2006 at 08:45:11AM -0400, Roberto C. Sanchez wrote:

 Christian Perrier wrote:

[snip]
 All good points.  However, I think that much of the popular press (in
 the sense of popular geek press) is not making the distinction between
 Debian proper and Debian non-free.  Some have, but others have not.
 Headlines like Debian distributes Sun Java are not uncommon.  Is it
 right?  No.  Is it happening?  Yes.

We know the truth.  We (should) expect journalists to get it 3/4
wrong, and not correct, or make a tiny half-arsed correction.

- --
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Jefferson LA  USA

Is common sense really valid?
For example, it is common sense to white-power racists that
whites are superior to blacks, and that those with brown skins
are mud people.
However, that common sense is obviously wrong.
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Re: Sun Java available from non-free

2006-06-04 Thread Wouter Verhelst
On Sun, Jun 04, 2006 at 04:28:18PM -0400, Roberto C. Sanchez wrote:
 All good points.  However, I think that much of the popular press (in
 the sense of popular geek press) is not making the distinction between
 Debian proper and Debian non-free.  Some have, but others have not.
 Headlines like Debian distributes Sun Java are not uncommon.  Is it
 right?  No.  Is it happening?  Yes.

Is the popular press ever right on Debian-related matters? No. Should
we care? No.

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Re: Sun Java available from non-free

2006-06-04 Thread Javier Fernández-Sanguino Peña
On Sun, Jun 04, 2006 at 04:52:22PM +0200, Wouter Verhelst wrote:
- something it already had (admins who really wanted Sun's Java could
  always go to java.sun.com and install it themselves or use java-package)
 
 Well, see, *this* is not true. Sure, it's possible to install Java on a
 Debian system; one can even turn a non-free binary java distribution
 into a Debian package and install that by using java-package. However,
 this is a far cry from
 * Being able to install non-free Java on your Debian system, even if the
   oldest Java binaries being distributed by the original authors are
   more recent than the ones java-package is ready for
 * Being able to just install non-free Java by running apt-get install.
 * Being able to upgrade to a newer (fixed) version of Java by just
   running apt-get upgrade

Please RTFM [1], Blackdown has been distributing java packages for Debian
through their own APT repositories and mirror network for quite some time.
For example check this:

# Blackdown Java
deb ftp://ftp.gwdg.de/pub/languages/java/linux/debian unstable non-free

 But you knew that already, I'm sure.

You don't see to be very good at straightening the facts. Thank you.

Regards

Javier

[1] http://www.debian.org/doc/manuals/debian-java-faq/
question 11.1 How can I get Debian packages from Blackdown?


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Re: Sun Java available from non-free

2006-06-04 Thread Andrew Donnellan

On 6/4/06, Eduard Bloch [EMAIL PROTECTED] wrote:

#include hallo.h
* Olaf van der Spek [Sun, Jun 04 2006, 02:31:00PM]:

 For those still playing, Olaf also isn't a Debian developer, doesn't
 maintain any packages, and isn't a new-maintainer applicant.  He's made
 something like 5 posts to debian-legal, though, which I guess given Andrew
 Donnellan's assertion that someone with one post ever on -legal is a
 regular participant, means Olaf is a senior analyst or something.


Sorry, got the name confused and now suddenly realises the mistake :(



 I guess the conclusion is that being a Debian developer means you're
 right and not being one means you're wrong?

No. The conclusion is that sane Debian developers do recognize the
problem and prepare an effective solution for it in silence. In
the meantime wanna-be developers are allowed to troll on debian-devel
list. They should just not be able to appear as beeing competent or even
be in charge, which has been prevented by the DPL.


What is wrong with not being a DD? I'm not one, I'm not in NM, I don't
maintain any packages, I just care about free software and Debian in
particular.

Debian is supposed to be *open* and *transparent*. Telling off users
because their opinion doesn't matter is just stupid. What Mike said is
completely relevant, and IMHO correct.


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Re: please on-topic messages (Re: Sun Java available from non-free)

2006-06-04 Thread Andrew Donnellan

And which part of the message you quote as an example is the inappropriate one?


AT For those playing along at home, zzz isn't a Debian developer,
AT doesn't maintain any packages, and isn't a new-maintainer
AT applicant. He doesn't even seem to be a regular participant on the
AT debian-legal list.


is COMPLETELY irrelevant IMHO.


On 6/4/06, Bart Martens [EMAIL PROTECTED] wrote:

 AT For those playing along at home, zzz isn't a Debian developer,
 AT doesn't maintain any packages, and isn't a new-maintainer
 AT applicant. He doesn't even seem to be a regular participant on the
 AT debian-legal list.

 So what?

I would like to request everyone to think before posting any message on
the debian mailing lists.  Which mailing list is the most appropriate
one? Must the message be posted on multiple mailing lists, or is one
list enough? Does my message add enough value to be worth posting to so
many people? Is the subject still the same or does my message start a
new discussion? Does it work towards a real solution for the issue being
discussed? Have I read all previous messages of the subject so that my
message doesn't repeat what's already said? And so on.

Thanks,

Bart Martens


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Re: Sun Java available from non-free

2006-06-04 Thread John Goerzen
On Sun, Jun 04, 2006 at 03:30:49PM +0100, Matthew Garrett wrote:
 John Goerzen [EMAIL PROTECTED] wrote:
  On Sun, Jun 04, 2006 at 05:39:10PM +1000, Anthony Towns wrote:
  For those playing along at home, Mike isn't a Debian developer, doesn't
  maintain any packages, and isn't a new-maintainer applicant. He doesn't
  even seem to be a regular participant on the debian-legal list.
  
  That's not even remotely relevant to the points he makes.  The identity
  of the person that makes the arguments isn't relevant.  The arguments
  are.
 
 How about reading what Anthony actually replied to? Mike demanded that 
 the DPL perform certain actions. Suggesting that somebody actually get 
 involved in Debian before making demands of its leadership isn't 
 unreasonable. Alternatively, it could be phrased as a request.

His message was polite, and didn't seem like a demand (despite the use
of the word cabal).

His request was quite reasonable, and I heartily agree with it.

His message also was much more than that, which aj totally dismissed.

-- John


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Re: Sun Java available from non-free

2006-06-04 Thread Matthew Garrett
John Goerzen [EMAIL PROTECTED] wrote:

 His message was polite, and didn't seem like a demand (despite the use
 of the word cabal).

The Too many excuses. All inadequate bit was polite?

 His request was quite reasonable, and I heartily agree with it.
 
 His message also was much more than that, which aj totally dismissed.

The post was phrased in an unnecessarily hostile manner. There should be 
no expectation for people to usefully respond to that sort of thing.

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Re: Sun Java available from non-free

2006-06-04 Thread Wouter Verhelst
On Sun, Jun 04, 2006 at 11:02:59PM +0200, Javier Fernández-Sanguino Peña wrote:
 Please RTFM [1], Blackdown has been distributing java packages for Debian
 through their own APT repositories and mirror network for quite some time.
 For example check this:
 
 # Blackdown Java
 deb ftp://ftp.gwdg.de/pub/languages/java/linux/debian unstable non-free

I know that. Have you actually tried them? They've been broken for ages.

  But you knew that already, I'm sure.
 
 You don't see to be very good at straightening the facts. Thank you.

Hah.

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Re: Sun Java available from non-free

2006-06-04 Thread Carlos Correia
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Josselin Mouette wrote:
 Le dimanche 04 juin 2006 à 03:59 -0700, Steve Langasek a écrit :
 For those still playing, Olaf also isn't a Debian developer, doesn't
 maintain any packages, and isn't a new-maintainer applicant.  He's made
 something like 5 posts to debian-legal, though, which I guess given Andrew
 Donnellan's assertion that someone with one post ever on -legal is a
 regular participant, means Olaf is a senior analyst or something.

 As beautiful as this irony is of a non-developer asserting on a developer
 list that being involved in development is irrelevant, you might want to
 give some thought to the question of why a non-developer making demands of
 anyone might be seen as doubly-inappropriate.
 
 How about stopping the discussions about who is a developer or not, who
 has the right to discuss or not, and sticking to the facts?

What a big troll you are...

- From all your posts, there is only one thing we got to know: your
opinion, which is, basicly, GPL or nothing. No need to go on trolling
around... everyone has got your point.

Carlos
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Re: Sun Java available from non-free

2006-06-03 Thread Toni Mueller

Hello,

On Sat, 20.05.2006 at 16:18:44 -0500, Anthony Towns aj@azure.humbug.org.au 
wrote:
 three times the usual examination, and was done given the inability to
 examine the license in public),

this sounds _very_ strange to me.

I can see why SUN might want their Java in Debian, but your statements
just fuel conspiracy theories.

 That's not to say the license issues aren't problems, they are, and I
 hope debian-legal will be able to work with Sun both on helping them
 improve their non-free license, and in the future, helping them work
 through their concerns in applying a free license to Java. Obviously the

Usually it works the other way round: First fix the problems, then
issue the cookie, and not putting oneself into trouble and then try to
ward off problems by threatening to unroll the change for future cases,
but only after damage was incurred already.


Best,
--Toni++


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Re: Sun Java available from non-free

2006-06-03 Thread Toni Mueller

Hello,

On Sun, 21.05.2006 at 13:38:57 +0200, Francesco Poli [EMAIL PROTECTED] wrote:
 I don't know how much Sun decision-makers are worried that a move
 against Debian could be bad PR...

additionally, it harms *Debian's* PR a great deal if it turns out that
Debian needs to pull the package.

 Unfortunately many many people out there are not very interested in
 dissecting licenses and in telling real and fake free software
 apart. Even less in examining potential issues with non-free packages.

Debian would become (viewed as, at least, as) one more project to not
take care about what Free Software is, despite the strong emphasis
issued in most public statements...

OTOH, I'd say pull it *now* while distribution is low, then fix the
problems, and only *then* get it back in... seems to be the least
damaging route to go for, imho.

 They really should spend time in writing a more carefully worded
 license, rather than drafting non-legally-binding explanations that seem
 to be inconsistent with the actual terms and conditions.

+1

 I think that more time was needed to review possible issues, before
 deciding that Debian could go on and publicly state that everything was
 fine...

+1

 I really hope we can solve the issues in a graceful manner.

...and fast, too. This is urgent while that the package is in the
archive with the broken license. I think we should set a strict
deadline for pulling it, if not immediately doing it (which I prefer).


Best,
--Toni++


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Re: Sun Java available from non-free

2006-06-03 Thread Bill Allombert
On Sat, Jun 03, 2006 at 07:37:21PM +0200, Toni Mueller wrote:
  I really hope we can solve the issues in a graceful manner.
 
 ...and fast, too. This is urgent while that the package is in the
 archive with the broken license. I think we should set a strict
 deadline for pulling it, if not immediately doing it (which I prefer).

I would suggest you start by reporting a RC bug listing all the legal
objections so far so at least it do not get more usage by being
migrated to testing. 

Cheers,
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Imagine a large red swirl here.


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Re: Sun Java available from non-free

2006-06-03 Thread Anthony Towns
On Sat, Jun 03, 2006 at 07:37:21PM +0200, Toni Mueller wrote:
  Unfortunately many many people out there are not very interested in
  dissecting licenses and in telling real and fake free software
  apart. Even less in examining potential issues with non-free packages.
 Debian would become (viewed as, at least, as) one more project to not
 take care about what Free Software is, despite the strong emphasis
 issued in most public statements...

Neither Sun nor Debian have at any point said that Sun Java is free
software -- it's been uploaded to non-free for precisely that reason. If
anyone does think that, it's pretty easy to clarify for them -- Debian's
stance is that free software is important, but that doesn't mean that
we can ignore non-free software that our users want.

 OTOH, I'd say pull it *now* while distribution is low, then fix the
 problems, and only *then* get it back in... seems to be the least
 damaging route to go for, imho.

You can say that if you like, but please be aware that it's not Debian's
position. Debian's position, as consistently expressed by ftpmaster,
on this list, and in the press, is that the license is acceptable for
non-free, and that is also Sun's position.

I would furthermore strongly encourage people to work *with* Sun towards
improving the current license and developing sufficient confidence in
the Debian and free software community to release Java under an entirely
free license. The end goal isn't to turn this into a PR stunt to make
sure Debian's viewed the right way, it's both to help our users get
software they need, free or not, and to encourage more people to make
their software free.

Cheers,
aj

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Re: Sun Java available from non-free

2006-05-26 Thread Kari Pahula
On Mon, May 22, 2006 at 06:58:08PM -0500, Anthony Towns wrote:
 On Sun, May 21, 2006 at 06:14:51PM +0200, Michael Meskes wrote:
  On Sat, May 20, 2006 at 04:18:44PM -0500, Anthony Towns wrote:
   Anyway, the background is that James Troup, Jeroen van Wolffelaar and
   myself examined the license before accepting it into non-free (which is
   three times the usual examination, and was done given the inability to
   examine the license in public), and both James and Jeroen had extensive
   contact with Sun to ensure that the tricky clauses were actually okay.
  You won't expect Sun to say they are not, would you? :-)
 
 The questions asked weren't Is this okay for non-free? it's Did you
 mean  or  when you wrote ?. The answers to those latter
 questions are, ttbomk, all included in the FAQ, which is why ignoring
 it just wastes everyone's time.

Several people have already pointed out this bit on top of the said
FAQ:

Note: This FAQ is provided to help explain the Operating System
Distributor License for Java; nothing in this FAQ is intended to amend
the license, so please consult the license itself for the precise
terms and conditions that actually apply.

To my eyes that reads as please disregard this FAQ.  It's simply not
authoritative.  The FAQ offers no As.

Why do you think that we should not ignore it?


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Re: Sun Java available from non-free

2006-05-26 Thread Steve Langasek
On Wed, May 24, 2006 at 06:27:53PM +0200, Andreas Barth wrote:
 * Steve Langasek ([EMAIL PROTECTED]) [060524 17:54]:
  So I guess you can still criticize folks for this if you want to, but I know
  that my own ongoing notion of best practices comes from stuff I learned
  long ago plus new ideas discussed on this mailing list, not from the devref.

 Well, wouldn't it be a good idea to make just sync the dev ref with what
 you consider as best practice?

Certainly!  Perhaps one of these years I'll find time to think about doing
that. :-)

 (And, BTW, I make much effort to only update the dev ref with correct
 information.)

Sure, I don't doubt that this is the case.  I'm just saying that, since the
devref is non-normative, it doesn't attract the same attention from the
community that policy does on keeping it updated, which is hard for a small
group of editors to overcome because people tend to be biased to think their
own viewpoint is the consensus viewpoint :)

-- 
Steve Langasek   Give me a lever long enough and a Free OS
Debian Developer   to set it on, and I can move the world.
[EMAIL PROTECTED]   http://www.debian.org/


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Re: Sun Java available from non-free

2006-05-25 Thread Mike Bird
On Wednesday 24 May 2006 22:41, Manoj Srivastava wrote:
 On 24 May 2006, MJ Ray outgrape:
  Steve Langasek [EMAIL PROTECTED]
  Anthony Towns already mentioned: 'both James and Jeroen had
  extensive contact with Sun to ensure that the tricky clauses were
  actually okay' so surely there was some doubt?

 There was perhaps no doubt after clarification and discussions
  with sun? In that case, there wou,d be no need to waste time and
  energy dealing with -legal.

Would the Secretary then please post the legally binding document
signed by Sun which clarifies and/or amends Sun's license.

--Mike Bird


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Re: Sun Java available from non-free

2006-05-25 Thread Martin Zobel-Helas
Hi AJ,

On Monday, 22 May 2006, Anthony Towns wrote:
 On Sun, May 21, 2006 at 06:14:51PM +0200, Michael Meskes wrote:
  On Sat, May 20, 2006 at 04:18:44PM -0500, Anthony Towns wrote:
  Right, but again, why bringing the package with a bad license into the
  archive first?
 
 Because non-free is for bad licenses in the sense that they don't meet
 the DFSG, and because the Sun license is not bad in the sense that it
 causes any problems that we cannot deal with.

Bad as in undistributable?

Martin


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Re: Sun Java available from non-free

2006-05-25 Thread Manoj Srivastava
On 24 May 2006, Andreas Barth stated:

 * Steve Langasek ([EMAIL PROTECTED]) [060524 17:54]:
 So I guess you can still criticize folks for this if you want to,
 but I know that my own ongoing notion of best practices comes
 from stuff I learned long ago plus new ideas discussed on this
 mailing list, not from the devref.

 Well, wouldn't it be a good idea to make just sync the dev ref with
 what you consider as best practice? (And, BTW, I make much effort to
 only update the dev ref with correct information.)

Best practices are subjective.  I am sure people who write
 dev ref feel those are best practices, I just happen to
 differ. Substituting my biases for the current authors biases is
 unlikely to improve matters for the majority of developers.

manoj

-- 
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Labour's Lost
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Re: Sun Java available from non-free

2006-05-25 Thread Adam Warner
On Wed, 24 May 2006 07:41:04 -0500, Matthew R. Dempsky wrote:

 On Wed, May 24, 2006 at 12:10:43AM +0200, Michael Banck wrote:
 Sure we could just have disclosed the license to -legal beforehand, but
 then Sun probably would never talk to us about doing things like this
 one again and just tend to OpenSUSE or some other community
 distribution next time to collaborate with when they might open source
 Java.
 
 Sun's non-free software is *that* important to Debian?

Don't miss the text book straw man.¹ Breaching confidences by disclosing
the license beforehand is a misrepresentation of the best alternative:
simply letting Sun know that community consultation is going to be
necessary and that consultation can occur when Sun chooses to publish its
license.

It's preposterous that Sun would otherwise never talk to Debian again and
collaborate with some other community distribution. Amusingly this
Doomsday scenario is only adverted through the community distribution
keeping its activities secret.

Regards,
Adam

1. http://en.wikipedia.org/wiki/Straw_man


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Re: Sun Java available from non-free

2006-05-25 Thread Petter Reinholdtsen

[Michael Meskes]
 So why is Java su much more important than all other packages in NEW?

One metric could be the popularity-contest score.  Looking at
URL:http://popcon.debian.org/unknown/by_vote to see what packages
are in common use by our packages while being missing in the debian
archive show java in the lead together with mplayer and other
media-related stuff.  Based on those numbers I conclude that Java is
important to our users.

Based on my involvement in Debian Edu, I know Java is important to the
schools we try to move over to free software, and together with a
Flash player are one of the important pieces free software are missing
to provide a complete solution for schools.

But getting non-free Java is only easing the situation (less
maintenance as more people will work on the packages), it isn't
solving it.  And I work with Debian Java to solve it, and will provide
SUN Java to the schools until the point where a free alternative exist
that will fulfill the needs of the schools.

Friendly,
-- 
Petter Reinholdtsen


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Re: Sun Java available from non-free

2006-05-25 Thread Andreas Barth
* Stephen Frost ([EMAIL PROTECTED]) [060525 06:01]:
 Unfortunately, neither the FAQ nor emails from Sun are actually legally
 binding

I'm not sure why mails shouldn't be legally binding (of course,
depending on their content - I didn't see any mails up to now).

Cheers,
Andi
-- 
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Re: Sun Java available from non-free

2006-05-25 Thread Manoj Srivastava
On 25 May 2006, Mike Bird verbalised:

 On Wednesday 24 May 2006 22:41, Manoj Srivastava wrote:
 On 24 May 2006, MJ Ray outgrape:
 Steve Langasek [EMAIL PROTECTED]
 Anthony Towns already mentioned: 'both James and Jeroen had
 extensive contact with Sun to ensure that the tricky clauses were
 actually okay' so surely there was some doubt?

 There was perhaps no doubt after clarification and discussions
 with sun? In that case, there wou,d be no need to waste time and
 energy dealing with -legal.

 Would the Secretary then please post the legally binding document
 signed by Sun which clarifies and/or amends Sun's license.

Oh, grow the hell up.  And learn to read -- I wasn't involved
 in the decision, and never said so -- I just  hypothesized that
 people who did take the decision might not have been in doubt.

And if polemics are what you are after, I suggest you take
 this offlione and have a nice little rant by yourself. From the tone
 of your response (and now mine) it is pretty obvious that a
 discussion is not what you are after.

manoj
-- 
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