the new IglooFTP license

1999-07-28 Thread Samuel Hocevar
[To: programmers listed as IglooFTP contributors]
[Cc: to debian-legal mailing list]

Hello, sorry for bothering you about what you might consider a
quite futile issue.

As you might know, Jean-Marc Jacquet released a new 'PRO' version of
his ftp software IglooFTP. The main point is that not only it has
a non-free license, but sources aren't even distributed any more:
http://www.littleigloo.org/iglooftp.php3

I also noticed that Jean-Marc has removed all traces of the GPLed
0.6.1 release from his website; the download section at
http://www.littleigloo.org/softwares_fr.html#IGLOOFTP leads to
broken links. But the GPLed 0.6.1 version still exists; it is in
the source tree of the Debian distribution, for instance.

Moreover, Jean-Marc re-released 0.6.1 under the Artistic license,
which I don't know if he is allowed to do without changing the
version number.
Meanwhile, he implemented Igor's patch for VMS to one of those
two 0.6.1 versions.

Although I do not use IglooFTP very often, I am quite disappointed
by this license change because:
* I don't understand why Jean-Marc decided to make IglooFTP non-free
if he only intends to provide email support. Anyone knowing the
former versions' source code and/or having used IglooFTP as well
might do the same.
* this new version of IglooFTP won't be available for the Debian
distribution.
* the new version of IglooFTP crashes on my computer. There is no
way I can fix it without having the source code. I will have to
PAY for the registered version to be able to get support for a
crash-free version !


So, what I intend to do is to ask Jean-Marc why he released his
program under a non-free license, and whether he agrees to
change his mind.

Before that, I would like to know:
 - was Jean-Marc allowed to release IglooFTP 0.6.1 under the GPL,
and later release the very same version under a different license ?
 - what license was Igor's patch released under ?
 - did the other contributors provide patches or just ideas ? It
they were patches, what license were they released under ?
 - was Jean-Marc allowed to use those patches in the non-free version
of IglooFTP ?

Thanks a lot for your information,
Sam.
-- 
Samuel Hocevar [EMAIL PROTECTED] - http://www.via.ecp.fr/~sam/
echo what is the universe|tr a-z  0-7-0-729|sed 's/9.//g;s/-/+/'|bc


Re: the new IglooFTP license

1999-07-28 Thread Ben Pfaff
Samuel Hocevar [EMAIL PROTECTED] writes:

  [...former license was GPL...]
   Moreover, Jean-Marc re-released 0.6.1 under the Artistic license,
   which I don't know if he is allowed to do without changing the
   version number.
   Meanwhile, he implemented Igor's patch for VMS to one of those
   two 0.6.1 versions.

  [...]
   Before that, I would like to know:
- was Jean-Marc allowed to release IglooFTP 0.6.1 under the GPL,
   and later release the very same version under a different license ?

If he owns the copyright, he can release it under whatever licenses he
wants.  Copyright owners can offer any sets of terms they care to.

Note that he can't prevent anyone from continuing to use and
distribute the GPL version.

-- 
MONO - Monochrome Emulation
 This field is used to store your favorite bit.
--FreeVGA Attribute Controller Reference


Re: xforms exception for xmysqladmin needed?

1999-07-28 Thread Peter S Galbraith

Martin Bialasinski wrote:

 I want to take xmysqladmin from Brian Almeida. There is a open bug,
 that the license needs the xforms exception.
 
 The license is:
 - 
 I reserve the copyright to xMySQLadmin. However, you are permitted 
 to use and distribute xMySQLadmin, provided that you 
   (a) distribute it with the full sources, and 
   (b) that you leave this documentation and 
   copyright notice intact.
 - 
  
 The bugreport says:
 
  We don't distribute with full source, so we're not allowed to
  distribute it?
  
  However picks up this package should try to obtain the same
  license change as xmysql, or package the source separately
  as done with the tetex-src package.
  
  Thanks,
  Peter Galbraith
 
 
 I do not agree on the point that full sources also includes the
 source of the widgetset it uses.

That's not what I meant.  I meant that we ship a binary-only
package that does not contain sources.  TeTeX has binaries with
such a license saying that we must also ship sources, and
that requirement is met with the tetex-src package. See:

 http://www.debian.org/Packages/stable/tex/tetex-src.html

Now that I think of it some more, the xmysqladmin license says
that we must distribute it _with_ source (meaning that sources
must accompany the binary?) so it sounds like you might need a
/usr/doc/xmysqladmin/src directory tree to comply.

The alternative, as I said in the bug report, is to seek a
license change.  One such license that the upstream author might
agree with is GPL plus an XForms exemption clause, similar to
other GPL'ed XForms packages:

 You may link this software with XForms (Copyright (C) by
 T.C. Zhao and Mark Overmars) and distribute the resulting
 binary, under the restrictions in clause 3 of the GPL, even
 though the resulting binary is not, as a whole, covered by the
 GPL. (You still need a license to do so from the owner(s) of the
 copyright for XForms; see the XForms copyright statement). If a
 derivative no longer requires XForms, you may use the
 unsupplemented GPL as its license by deleting this paragraph and
 therefore removing this exemption for XForms.

 Could you tell me who is right on this?

Do you not agree that we are breaking the license with a
binary-only package?  Perhaps my interpretation is wrong?
 
 Ciao,
   Martin
 
 [ Please Cc: me on answers, I am not subscribed ]

Peter


Re: xforms exception for xmysqladmin needed?

1999-07-28 Thread Martin Bialasinski

** Peter == Peter S Galbraith [EMAIL PROTECTED] wrote:

Peter That's not what I meant.  I meant that we ship a binary-only
Peter package that does not contain sources.

A Debian package consists of the binary- and the source
package. Together, they form the version of a program we
distribute. So we do distribute xmysqladmin with full sources, just as
the license demands.

Peter Now that I think of it some more, the xmysqladmin license says
Peter that we must distribute it _with_ source (meaning that sources
Peter must accompany the binary?) so it sounds like you might need a
Peter /usr/doc/xmysqladmin/src directory tree to comply.

To this, I can not agree. We distribute xmysqladmin with the
sources. It doesn't say a user has to install them. 

Peter Do you not agree that we are breaking the license with a
Peter binary-only package?  Perhaps my interpretation is wrong?

No, I do not agree. We do not distribute it without the sources.


I officialy seek a consensus and review from debian-legal about
this. If I don't get a official decision on this, or debian-legal
shows no interest in this (mails from Peter don't count in this) in
seven days, I will close with the report as a non-bug.

Peter, please don't take this personally, I just don't agree on this
legal interpretation, and I want an authorative decision, as this is a 
release critical bug.

Ciao,
Martin

[ Please Cc: me on further mail ]


Re: xforms exception for xmysqladmin needed?

1999-07-28 Thread Raul Miller
** Peter == Peter S Galbraith [EMAIL PROTECTED] wrote:
 Peter That's not what I meant.  I meant that we ship a binary-only
 Peter package that does not contain sources.

Martin Bialasinski [EMAIL PROTECTED] wrote:
 A Debian package consists of the binary- and the source
 package. Together, they form the version of a program we
 distribute. So we do distribute xmysqladmin with full sources, just as
 the license demands.

Careful here.  Many cdrom vendors ship binaries without sources.

The GPL makes explicit provisions for this case, but xforms isn't
using the GPL.

-- 
Raul


Re: xforms exception for xmysqladmin needed?

1999-07-28 Thread Peter S Galbraith

Martin Bialasinski wrote:

 ** Peter == Peter S Galbraith [EMAIL PROTECTED] wrote:
 
 Peter That's not what I meant.  I meant that we ship a binary-only
 Peter package that does not contain sources.
 
 A Debian package consists of the binary- and the source
 package. Together, they form the version of a program we
 distribute. So we do distribute xmysqladmin with full sources, just as
 the license demands.

Just to be clear, the license says:

  I reserve the copyright to xMySQLadmin. However, you are permitted 
  to use and distribute xMySQLadmin, provided that you 
(a) distribute it with the full sources, and 
(b) that you leave this documentation and 
copyright notice intact.

It doesn't say you may distribute full sources _separately_.

I agree that the GPL has similar wording, althought it uses the
word `Accompany with ... source code', which can be argued to
mean a separate package is allowed as long as it's available.
The GPL also has a `written orfer' clause which CD vendors can use
if they so desire.

 Peter Now that I think of it some more, the xmysqladmin license says
 Peter that we must distribute it _with_ source (meaning that sources
 Peter must accompany the binary?) so it sounds like you might need a
 Peter /usr/doc/xmysqladmin/src directory tree to comply.
 
 To this, I can not agree. We distribute xmysqladmin with the
 sources. It doesn't say a user has to install them. 
 
 Peter Do you not agree that we are breaking the license with a
 Peter binary-only package?  Perhaps my interpretation is wrong?
 
 No, I do not agree. We do not distribute it without the sources.

Perhaps Christoph Martin can tell us which wording prompted him
to package tetex-src?   Was it more specific?

 I officialy seek a consensus and review from debian-legal about
 this. If I don't get a official decision on this, or debian-legal
 shows no interest in this (mails from Peter don't count in this) 

:-)
  in
 seven days, I will close with the report as a non-bug.
 
 Peter, please don't take this personally, I just don't agree on this
 legal interpretation, and I want an authorative decision, as this is a 
 release critical bug.

I don't take this personally.  Neither should you.  It's a
release critical bug, but I have offered a solution (even two, as
you're going to need to contact the author about xmysql's license
anyway, unless that's a different upstream author).  There's no
need to brush this aside too quickly.  There is no immediate
threat to remove the package from the archive.  This is not the
first package to have an ambiguously phrased license that needs
clarification.

Peter
-- 
Peter Galbraith, research scientist  [EMAIL PROTECTED]
Maurice Lamontagne Institute, Department of Fisheries and Oceans Canada
P.O. Box 1000, Mont-Joli Qc, G5H 3Z4 Canada. 418-775-0852 FAX: 775-0546
6623'rd GNU/Linux user at the Counter - http://counter.li.org/ 


Re: xforms exception for xmysqladmin needed?

1999-07-28 Thread Martin Bialasinski

** Peter == Peter S Galbraith [EMAIL PROTECTED] wrote:

Peter It doesn't say you may distribute full sources _separately_.

It doesn't say, the binary and the sources have to be in the same
archive file. In fact, it doesn't say anything about archive files (or
similar). The entity in which xmysqladmin is distributed by Debian are
out archives. And they contain the source.

Peter I don't take this personally.  Neither should you.  It's a
Peter release critical bug, but I have offered a solution (even two,
Peter as you're going to need to contact the author about xmysql's
Peter license anyway, unless that's a different upstream author).

It has. He agreed to a addendum. And I got agrrement from the xisp
author as well. But the xmysqladmin license is perfectly free in my
eyes, and I decline to ask him to change the license to GPL + addendum
on these grounds.

Peter There's no need to brush this aside too quickly.  There is no
Peter immediate threat to remove the package from the archive.

There is. Remember, we want to freeze. I have been asked to provide
comments about the bug, and if potato can be released without it. 

I understand the reasons. The release manager wants to freeze, when
the count of release critical bugs for the essential packages has
dropped to some level acceptable by him. At this point, packages with
a bug like xmysqladmin has are likely to be removed.

Therefore, a judgement has to be done quickly.

Ciao,
Martin