Re: Fwd: Libranet (Debian derivate) requires $10 membership

2000-08-07 Thread Edmund GRIMLEY EVANS
Henning Makholm [EMAIL PROTECTED] :

  Isn't this a huge violation of the GPL ??
 
 It seems to be. Their decision only to distribute to people who agree
 to pay them $10 is, of course, perfectly fine, but they also say:
 
You may freely download and use this distribution for any purpose with
   the exception that you may not sell or distribute this iso image
  without prior permission from Libra Computer Systems Ltd.
  The programs contained within the Libranet distribution have been
 released under several different licenses, mostly under the GPL. For
more information read each program's respective documentation.
 
 I understand here that the ISO image they distribute contains GPL'ed
 programs. Thus if the image is a copyrightable work in itself (and I
 think it is, as an aggregate work), it is a work based on those GPL'ed
 program and hence (by GPL clause 2b) they must license their aggregate
 copyright under GPL. Thus they must not restrict their customers from
 selling or redistributing the image.

See this paragraph in the GPL:

  In addition, mere aggregation of another work not based on the Program
  with the Program (or with a work based on the Program) on a volume of
  a storage or distribution medium does not bring the other work under
  the scope of this License.

Putting GPL and non-GPL code in the same iso image looks to me like an
example of mere aggregation, so my guess is that even if Libranet's
current wording violates the GPL, they could achieve the same effect
by adopting a different wording: instead of saying that The Libranet
iso image is copyright 2000 Libra Computer Systems Ltd and that they
are not giving permission to do XYZ, they could instead say that the
Libranet iso image contains material that is copyright 2000 Libra
Computer Systems Ltd and that they are not giving permission to do
XYZ.

However, this change may be unnecessary. It's highly probably that
Libranet would have a valid copyright over the iso image even if the
image contained only GPL programs, as the selection and arrangement
could itself constitute a work to which copyright is applicable.

However, I'm not a lawyer.

By the way, I think it would be bad for Debian if what Libranet is
doing were to turn out to be illegal.

Edmund



export law again

2000-08-07 Thread Daniel Jacobowitz
[Please CC me, I do not subscribe to -legal]

What is this forum's opinion on a US developer compiling (without modifying)
a package and uploading it to non-US?  I've occasionally had to do this,
since there is no PowerPC autobuilder outside the US right now.  We can work
around that in other ways, presumably, but I'd like to get a sense of where
the law stands on this.

Dan

/\  /\
|   Daniel Jacobowitz|__|SCS Class of 2002   |
|   Debian GNU/Linux Developer__Carnegie Mellon University   |
| [EMAIL PROTECTED] |  |   [EMAIL PROTECTED]  |
\/  \/



Re: Fwd: Libranet (Debian derivate) requires $10 membership

2000-08-07 Thread William T Wilson
On Mon, 7 Aug 2000, Edmund GRIMLEY EVANS wrote:

 You may freely download and use this distribution for any purpose with
the exception that you may not sell or distribute this iso image
   without prior permission from Libra Computer Systems Ltd.
...
 However, this change may be unnecessary. It's highly probably that
 Libranet would have a valid copyright over the iso image even if the

It looks to me like Libranet is trying to confuse users and fool them into
thinking that the software itself is property of Libranet.  While Libranet
is not claiming rights over the software itself (just the ISO image, which
they do have rights to), 90% of the people that use the software won't
realize this.  For example, you could copy all the files on the CD into a
.tar file and distribute that, but few people will realize it.  All their
license really prohibits is verbatim copying of the CD-ROM.

I don't think the GPL really addresses the idea of licensing of a
collection of software as a whole.  It seems to have been designed with
the premise that no matter how it was distributed, the actual GPL-licensed
software would always be free.

 By the way, I think it would be bad for Debian if what Libranet is
 doing were to turn out to be illegal.

Why?



Python licensing

2000-08-07 Thread Henry Jones

The following are brief quotes.  Please read
the complete versions of these articles on
Python licensing as well as others by
Tim Peters and Guido van Rossum in say
comp.lang.python.

A key point that must be said, CNRI has not
to my knowledge made any public statements
at all about Python licensing.  The
following quotes, except for the analysis
of who owns the copyright, are essentially
hypothetical speculations.  No one knows
or can speak for what CNRI believes.  It
might be in a prospective distributor's
interest to ask CNRI and find out for
certain, hopefully in a reply that can be
made public.

The situation is simply complicated.  Do
not form an opinion over any one posting,
read everything Guido van Rossum and Tim
Peters have said.

 From: Tim Peters [EMAIL PROTECTED]
 To: python-list@python.org
 Subject: RE: Questions for Tim Peters
 Date: Thu, 3 Aug 2000 02:12:02 -0400
 Message-ID: [EMAIL PROTECTED]
 Newsgroups: comp.lang.python

[Much snipped, read the entire article.
 Again, what CNRI actually believes is unknown.]

Ah, there's more here than meets the eye.
CWI gave Guido certain broad rights to
Python when Guido left CWI, and Guido
signed those rights over to CNRI.  AFAIK,
those documents are not publicly
available, and I only know about them
because Guido happened to tell me the 
other day.  Guido has no doubts
whatsoever about CNRI's legal right
to license Python however they please,
and neither does his legal counsel.  The
only thing in dispute here is whether
*other* parties can rely on what the CWI
license appears to tell them.  At least
three different lawyers so far had at
least three different opinions about that.
Beats me.

From: Tim Peters [EMAIL PROTECTED]
 To: python-list@python.org, Guido van Rossum [EMAIL PROTECTED]
 Subject: RE: Questions for Guido van Rossum (Was: ...Tim Peters)
 Date: Sat, 5 Aug 2000 22:25:23 -0400
 Message-ID: [EMAIL PROTECTED]
 Newsgroups: comp.lang.python

[Much snipped, read the entire article.
 Again, what CNRI actually believes is unknown.
 Tim Peters is responding to a speculative
 question from me with more speculation.
 To repeat, no one knows or can say what
 CNRI believes.]

 I would hope that the final agreement
 between CNRI and BeOpen would include a
 clear indication one way or another
 whether the purported license of
 Python 1.5.2 and 1.6a2 is valid in the
 eyes of CNRI.  After all, 1.6 is not
 released yet, so many distributors will
 be including 1.5.2 for some time.

Well, I can't argue against you on this!  
If CNRI claims they released software
without a valid license, the legality of
using 1.5.2 and 1.6a2 is muddy (indeed,
CNRI may not even agree 1.6a2 was a
release in the sense of 1.5.2).  Since
it seems very unlikely they'll agree to
say that the CWI license is valid,
perhaps they could be persuaded to
promise not to press any claims based
on the presumed invalidity of the
CWI license excepting claims against
BeOpen PythonLabs.  I've copied my bosses
on this, but, again, it has to be taken
up with CNRI directly.  

Sincerely yours,
Henry Jones





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