Re: [OT] Droit d'auteur vs. free software?

2003-05-07 Thread Branden Robinson
On Fri, May 02, 2003 at 08:11:02PM +0200, Henning Makholm wrote:
 It is stupid if they released their software under a free license
 without realizing what freedom means.

Well, the realization of what freedom means does in fact appear to be
escaping some advocates of the GNU FDL...

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Re: [OT] Droit d'auteur vs. free software?

2003-05-07 Thread Branden Robinson
[snip]

It looks like Republican notions of tort reform[1] might have a lot of
support in Europe.

[1] Before being appointed to the U.S. Supreme Court, William Rehnquist
*defined* judicial conservatism as being a technique for reading the
law such that criminal defendants and civil plaintiffs are
disadvantaged.  _The Rehnquist Choice_, John W. Dean, New York: The Free
Press, 2001.

-- 
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Re: query from Georg Greve of GNU about Debian's opinion of the FDL

2003-05-07 Thread Branden Robinson
On Thu, May 01, 2003 at 10:01:35AM +0100, Edmund GRIMLEY EVANS wrote:
 Stephane Bortzmeyer [EMAIL PROTECTED]:
 
   In any event, if non-common law countries have legal frameworks that
   technically render Free Software as conceived by the FSF and the Debian
   Project impossible, 
  
  Pure FUD. See my rebuke of Nathanael Nerode's message that I just
  sent.
 
 I think the truth is that some non-common-law countries (France?) have
 laws relating to moral rights that might make it hard or impossible to
 fully guarantee the DFSG-freedom of certain works, which may or may
 not include works that would normally be described as software.

Now, now, he already dismissed my statement as FUD.  Don't go pointing
out that he did so incorrectly.  That just embarrasses people.  We don't
have time for closely-reasoned arguments when we're touting the
superiority of the French legal system.

-- 
G. Branden Robinson|
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Re: Bug#189164: libdbd-mysql-perl uses GPL lib, may be used by GPL-incompatible apps

2003-05-07 Thread Branden Robinson
On Mon, Apr 28, 2003 at 05:58:15PM -0500, Steve Langasek wrote:
 Any chance you'd care to comment on the underlying question of whether
 Debian should or should not accede to the FSF's claim that GPL
 modules for interpreted languages demand GPL scripts?  I believe Anthony
 and I are at an impasse; we simply disagree on the relative weight that
 should be given to various factors involved here, so no consensus is
 likely to be forthcoming between the two of us.

I've been away from the list for a few days, but using Mutt to limit the
message view to subjects including the string interp reveals no
messages I haven't already read.  I recall a message from you referring
to the GPL FAQ which confusingly talks about whether people can run
GPL-incompatible scripts with a GPLed interpreter, which only serves to
cloud the issue since The act of running the Program is not
restricted.

Is it any help to cite the libreadline/libeditline case?  Readline is a
GPLed library authored by the FSF.  Editline is a BSD-licensed clone
(with a limited feature set) developed by people who weren't happy with
Readline's licensing.

Because the two libraries are interface-compatible, the FSF is not in a
position to forbid people from distributing code that links against
libreadline if that code is not licensed GPL-compatibly, because the
code could be linked against libeditline instead.[1]

(Incidentally, there appear to be at least *two* clones of Readline in
Debian:

libedit-dev - BSD editline and history libraries (development files)
libedit2 - BSD editline and history libraries
libeditline-dev - Line editing library similar to readline - developer files
libeditline0 - Line editing library similar to readline - runtime
)

So, following this reasoning, if there is a GNU BASIC interpreter
licensed under the GPL, this does not mean that Debian cannot distribute
GPL-incompatible BASIC programs in packages, because there are other
BASIC interpreters in Debian that are more liberally licensed.

Or are you wanting to restrict the problem domain to cases where an
interface innovated in a GPLed library hasn't been cloned yet?

-- 
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Debian GNU/Linux   |when they take over a country is to
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the GPL FAQ on the copyrightability of the GPL's text

2003-05-07 Thread Branden Robinson
Hello GNU folks,

Can you gentlemen disambiguate or resolve the tension between the
following statements in the GPL FAQ[1]?

You can use the GPL terms (possibly modified) in another license
provided that you call your license by another name and do not include
the GPL preamble, and provided you modify the instructions-for-use at
the end enough to make it clearly different in wording and not mention
GNU (though the actual procedure you describe may be similar).[2]

In fact, the GPL is copyrighted, and its license permits only verbatim
copying of the entire GPL.[3]

The second statement appears to be slightly misleading given the first.

[1] http://www.gnu.org/licenses/gpl-faq.html
[2] http://www.gnu.org/licenses/gpl-faq.html#TOCModifyGPL
[3] http://www.gnu.org/licenses/gpl-faq.html#GPLOmitPreamble

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Re: Proposed statement wrt GNU FDL

2003-05-07 Thread Branden Robinson
On Sat, Apr 26, 2003 at 01:41:27AM -0400, Glenn Maynard wrote:
 On Sat, Apr 26, 2003 at 12:24:56AM -0400, Anthony DeRobertis wrote:
  1) You remove the FSF's endorsement of the license which
 is the preamble. The Debian Project has no problem with
 this; it is certainly an author's right to refuse to
 endorse arbitrary changes.
 
  So, the full terms that the GPL is distributed under, as explained on
  the FSF website, actually comply with the DFSG.
 
 It still contains an invariant section, though it's less severe than the
 GFDL type, as it can be removed.  I don't believe there's consensus that
 invariant sections in general are okay as long as they can be removed,
 though.

I think before Debian puts anything in main it should remove any
invariant sections from the work, just as we do with non-free source
code.  I once had a big old nasty flamewar with the FTP admins that
was tangentially related to this point, but the FTP admins and I agreed
that having non-free source code in a package's .orig.tar.gz was
unacceptable even if it wasn't used for anything and did not appear in
any binary packages.

In other words, invariant sections (small I, small S) are not DFSG-free,
but the removal of invariant sections from a work may be sufficient to
render it DSFG-free.

-- 
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Re: Proposed statement wrt GNU FDL

2003-05-07 Thread Branden Robinson
On Tue, Apr 29, 2003 at 03:30:26PM +0200, Henning Makholm wrote:
 Actually, I wonder whether the current application of the GFDL for
 GNU manuals is internally consistent at all.
 
 For example, the GNU diffutils manual is licenced with the Front-Cover
 Text A GNU Manual. Say now that I'm a FooBSD user who for some
 reason have become dissatisfied with the quality of the documentation
 for diff that FooBSD ships with (this is a hypothetical example; I
 have access to no *BSD systems and don't know anything about the
 actual state of their documentation). So I take the texinfo source for
 the GNU diffutils manual and hack upon it so that it describes FooBSD
 diff.
 
 Now I have a manual for FooBSD diff whose license says that it needs
 to be called A GNU Manual on its front cover. That could be somewhat
 confusing for users - does this document describe the FooBSD or the
 GNU implementation of diff? And is this front-cover text even
 compatible with the requirement that I remove all Endorsements?
 
 Worse yet, my FooBSD diff manual must say on its *back* cover: Copies
 published by the Free Software Foundation raise funds for GNU
 development which is rather meaningless as long as the FSF does not
 publish copies of the FooBSD version of the manual at all!

Another good argument against the GNU FDL.

Sorry for the AOL remark, but I'm trying to flag stuff I think should go
in our big FAQ.

-- 
G. Branden Robinson|  To be is to do   -- Plato
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Re: VisualBoyAdvance license

2003-05-07 Thread Branden Robinson
On Tue, May 06, 2003 at 12:17:45PM +, [EMAIL PROTECTED] wrote:
 As a follow up to the previous discussion about the VisualBoyAdvance
 licence thing.
 
 I have been in contact with the author of the programme and he says
 that he intends to release the whole source under the GPL. However he
 has not been able to get through to the original authors of the Snes9x
 code which parts of the emulator are based on. So I would imagine that
 he has no right to re-licence their code under the GPL. 
 
 Is there any way we can take this forward? Other than recommending to
 the emulator author that he tries harder to contact the Snes9x
 authors?

I don't think so.  :(

-- 
G. Branden Robinson|  We either learn from history or,
Debian GNU/Linux   |  uh, well, something bad will
[EMAIL PROTECTED] |  happen.
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Re: Legal questions about some GNU Emacs files

2003-05-07 Thread Branden Robinson
On Sat, Apr 26, 2003 at 10:00:13PM +0200, Henning Makholm wrote:
 But you're right that none of the notices you quote describe DFSG-free
 licensing terms. Feel free to join the ongoing quasiflamewar in the
 LGPL thread about the degree to which we care about that in the case
 of Stallman's essays.

s/LGPL/GFDL/

-- 
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Re: LPPL and non-discrimination

2003-05-07 Thread Branden Robinson
On Sun, Apr 27, 2003 at 03:57:08PM +0100, Jonathan Fine wrote:
 Henning Makholm wrote:
  Scripsit Jonathan Fine [EMAIL PROTECTED]
 
 Now to the problem.  Debian guideline 5 states The
 license must not discriminate against any person or
 group of persons.
 
 The proposed LaTeX license defines the Current Maintainer.
 The license grants these person(s) privileges that are
 not granted to other licensees.
 
 Some clarification.  Every purchase is also a sale.  Every
 more than is also a less than.  Every discrimination
 in favour of is also a discrimination against.

Okay.  It is perhaps too bad that the DFSG uses discrimination in its
pejorative sense, since the word also has a non-pejorative meaning.  If
I cannot discriminate between the roadway and pedestrians, I'd better
not be driving a car.

  We have a clear tradition on d-l that the non-discrimination guidline
  only means that there must be some free terms that apply to everyone.
  It is not a problem of specific groups receive *more* freedom than the
  norm, as long as everyone has the freedoms described by the DFSG.
 
 I understand this to mean: provided that for the least privileged
 licensees the other guidelines are met, guideline 5 does not apply.

I think you're missing a lot of nuance here.

The Debian Free Software Guidelines, and our concept of Software
Freedom as protected by legal constructs like copyright licenses,
applies to public licenses.  That is, these are grants of permission
that apply to anyone who cares to exercise them, not contracts drawn up
between two parties explicitly.

A work-as-licensed must not withhold essential freedoms from
interchangeable people.

I'll elaborate after quoting your next statement.

  It would be absurd to consider one license less free than another solely
  because it gives more rights to a specific group.
 
 In my opinion, this is precisely what guideline 5 says.  More exactly,
 it says that a license is not free if it grants *less* rights to a
 person or group of persons.  And every *more* than is also a *less*
 than.

I'm sorry, but I find your extreme egalitarianism naïve.

To interpret DFSG 5 as you suggest:

1) Debian would have to classify as non-free any work with respect to
which the copyright holder or other party terminated anyone's license or
prevented its exercise, *under any circumstances*.

The GNU GPL would be non-free:

  If, as a consequence of a court judgment or allegation of patent
  infringement or for any other reason (not limited to patent issues),
  conditions are imposed on you (whether by court order, agreement or
  otherwise) that contradict the conditions of this License, they do not
  excuse you from the conditions of this License. If you cannot distribute
  so as to satisfy simultaneously your obligations under this License and
  any other pertinent obligations, then as a consequence you may not
  distribute the Program at all.

So if John Doe cannot distribute the Program at all, by your
reasoning, he is discriminated against, because he has *less*
rights than other people.

The BSD license would be non-free:

  Redistribution and use in source and binary forms, with or without
  modification, are permitted provided that the following conditions
  are met:
  [...]
  3. Neither the name of the University nor the names of its contributors
 may be used to endorse or promote products derived from this software
 without specific prior written permission.

So if John Doe uses the name of the University of California to promote
his product which is derived from this software, his license is
terminated (or suspended until he cures the breach somehow, it doesn't
matter for the purposes of this argument), then, by your
reasoning, he is discriminated against, because he has *less*
rights than other people who didn't use the name of the University of
California to promote products derived from the software.

2) Debian would have to forbid all multi-licensing under all
circumstances, and would have to brand any work as non-free the instance
we found out that alternative licensing had been granted by the
copyright holder to anyone else under any circumstances.

3) Debian might have to brand all software as non-free anyway, since the
copyright holder already enjoys *more* rights than anyone else.  So do
certain members of the U.S. government, especially federal law
enforcement personnel and prosecutors, who routinely violate all sorts
of laws in the course of their functions, and are granted immunity under
laws like the USA PATRIOT act.  Even if Debian did not distribute
anything in the U.S. and had no presence in the U.S., this would be true
because someone in the world would have *more* rights.

Your thesis is impractical in the extreme, and presents problems
incommensurable with the legal framework of every country in which the
Debian Project distributed software.  If I truly understand your point,
these problems are incommensurable with any legal system whatsoever with

Re: Legal questions about some GNU Emacs files

2003-05-07 Thread Branden Robinson
On Mon, Apr 28, 2003 at 02:23:40PM -0700, Alex Romosan wrote:
 WHY-FREE is not documentation! it is a manifesto

Okay.  Would you draw us up some Debian Free Manifesto Guidelines and
tell us how we should relate them to the Debian Social Contract?

-- 
G. Branden Robinson|
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Re: Legal questions about some GNU Emacs files

2003-05-07 Thread Branden Robinson
On Mon, Apr 28, 2003 at 08:39:08PM +, Brian M. Carlson wrote:
 Documentation *is* software, and therefore its licenses must follow the
 DFSG; I thought we just decided that.

Please don't exaggerate.  There is a difference between the statements:

1) Documentation *is* software; and
2) The Debian Project treats documentation as software for the purposes
   of interpreting our Social Contract and the Debian Free Software
   Guidelines.

I do not believe the former.  I do believe the latter.

-- 
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Re: Legal questions about some GNU Emacs files

2003-05-07 Thread Branden Robinson
On Sun, Apr 27, 2003 at 10:46:47AM +0200, Jérôme Marant wrote:
 [EMAIL PROTECTED] (Jérôme Marant) writes:
 
 
  take some time to deal with, but it's not remotely difficult.
 
  How should we proceed? Should we contact RMS directly?
  Should a RC bug be opened? Note that we've been shipping theses
  files for quite a while now.
 
 Hmm, aren't Verbatim texts a special case? I mean that they
 cannot be considered as documentation and you're not likely
 to modify them I think.

No.  The special case is the license-which-applies-to-the-work.  Debian
has traditionally always tolerated such things being nonmodifiable.  If
we didn't, we wouldn't have much left to distribute.

Under my proposed interpretation of the DFSG, however, we could not
distribute the GNU GPL in main *except* as a
license-which-applies-to-the-work.  For a real-world case where this
matters, see the GNU Emacs Manual or the GNU C Library Reference Manual.
The entire text of the GNU GPL is marked as an Invariant Section even
though the GNU GPL itself doesn't actually have anything to do with
those works (they are licensed under the GNU FDL, and in days of old
they were licensed under what I call the traditional GNU documentation
license, with riders implementing an early form of Invariant Section
restrictions).

-- 
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Re: Proposed statement wrt GNU FDL

2003-05-07 Thread Josselin Mouette
Le mer 07/05/2003 à 08:12, Branden Robinson a écrit :
 I think before Debian puts anything in main it should remove any
 invariant sections from the work, just as we do with non-free source
 code.  I once had a big old nasty flamewar with the FTP admins that
 was tangentially related to this point, but the FTP admins and I agreed
 that having non-free source code in a package's .orig.tar.gz was
 unacceptable even if it wasn't used for anything and did not appear in
 any binary packages.

By removing invariant sections, don't we simply violate the GFDL ?

-- 
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Re: Legal questions about some GNU Emacs files

2003-05-07 Thread Branden Robinson
On Mon, Apr 28, 2003 at 11:20:53PM +0100, Edmund GRIMLEY EVANS wrote:
 How does that follow from the definition of free applicable in this
 context? http://www.debian.org/social_contract#guidelines

Just to pick a nit, that's not a definition.  It's a series of tests.

The Free Software Foundation has a fairly useful attempt at a definition
of what freedom is as it applies to software and, I would argue, any
creative work.

http://www.gnu.org/philosophy/free-sw.html

In the interests of full disclosure I should note that I have pondered
extending this list of freedoms for Debian's purposes.

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Re: Legal questions about some GNU Emacs files

2003-05-07 Thread Branden Robinson
On Mon, Apr 28, 2003 at 03:42:24PM -0700, Alex Romosan wrote:
 what's weird is people applying the free-software concept to things
 other than software.

I don't see what's weird about it.

  # Debian Will Remain 100% Free Software

  We promise to keep the Debian GNU/Linux Distribution entirely free
  software. As there are many definitions of free software, we include the
  guidelines we use to determine if software is free below. We will
  support our users who develop and run non-free software on Debian, but
  we will never make the system depend on an item of non-free software.[1]

If there are things in the Debian GNU/Linux Distribution that are not
free, or are not software, then we are diluting the 100% proportion of
our distribution that is supposed to be Free Software, and we should
remove it.

Alternatively, we can treat as much as we possibly can in the Debian
GNU/Linux Distribution as software for the purpose of determining its
freedom.

As an other alternative, we can develop a complex classification scheme
for creative works, which distinguish software and documentation
documentation from manifestos, and so forth; determine whether
freedom is even relevant for any or all classes of creative works; if
so, develop a schema for what freedom means for each class of creative
works, and finally justify all this as a reasonable, obvious, and
straightforward application of the Debian Social Contract.

As yet another alternative, we can propose and vote on a General
Resolution to repeal or amend the Debian Social Contract, so that we can
do whatever we want.

[1] http://www.debian.org/social_contract

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Re: Legal questions about some GNU Emacs files

2003-05-07 Thread Branden Robinson
On Tue, Apr 29, 2003 at 12:48:20PM +1000, Matthew Palmer wrote:
 * Whether it is useful or not as a DFWWWDG-free item is not at issue.  If it
 is not free as we define it, Debian will not distribute it.

...in main, anyway...

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Re: Legal questions about some GNU Emacs files

2003-05-07 Thread Branden Robinson
On Mon, Apr 28, 2003 at 11:13:51PM -0700, Alex Romosan wrote:
 there you go. you are attempting to supersede the DFSG with DFWWWDG
 without any discussion among developers or a vote.

No, you are trying to supersede clause 1 of the Social Contract
unilaterally, without a vote.

We on debian-legal are trying to work within the Social Contract as it
is written.

-- 
G. Branden Robinson|  The noble soul has reverence for
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Re: Legal questions about some GNU Emacs files

2003-05-07 Thread Branden Robinson
On Mon, Apr 28, 2003 at 06:15:18PM -0500, Steve Langasek wrote:
 You have turned the DFSG soundly on its head.

Unfortunately this is pretty common.  A lot of people (just to pick an
example out of thin air, Isaac To on the debian-devel list) seem to
believe that something is Free as long as it doesn't obviously fail a
clause of the DFSG.

And such people tend to read the clauses of the DFSG more and more
narrowly until what is Free is barely distinguishable from what is
non-free.

I think we should take a stand against such cynical manipulation.
People are reading the words of the DFSG but can't hear the music of the
Social Contract.

-- 
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Re: Legal questions about some GNU Emacs files

2003-05-07 Thread Branden Robinson
On Tue, Apr 29, 2003 at 02:05:23PM -0700, Alex Romosan wrote:
 it is because of zealots like you every revolution fails in the end.

No, it is because of zeal that revolutions happen at all.

Most people are sheep, couch potatoes, collaborators, or wage-slaves.

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Re: Legal questions about some GNU Emacs files

2003-05-07 Thread Branden Robinson
On Tue, Apr 29, 2003 at 10:36:39AM +0300, Antti-Juhani Kaijanaho wrote:
 On 20030428T234517-0700, Alex Romosan wrote:
  so no, debian didn't come up with the idea of free software.
 
 Are you trolling?

It seems that he is.  :(

-- 
G. Branden Robinson|  We either learn from history or,
Debian GNU/Linux   |  uh, well, something bad will
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Re: Legal questions about some GNU Emacs files

2003-05-07 Thread Branden Robinson
On Tue, Apr 29, 2003 at 06:23:05PM -0400, Joey Hess wrote:
 Unfortunatly, it is because of the tolling rants of developers like you
 that we cannot seem to get a consensus anymore. And we seemed *so* close
 to a consensus on the FDL, and actually doing something too..

Don't despair.  I personally tend to lend developers credibility in
proportion to their contributions to the Project.  Mr. Romosan has made
2 package uploads in the past 8+ months, neither of them for
anything approaching crucial infrastructural software, and neither of
which consisted of changes that, judging by the Debian changelog,
couldn't have been done by just about one familiar with the NMU process.

Part of leadership is tackling the problematic issues and making the
tough decisions.  It sounds to me like most of the leaders of the
debian-legal unofficial sub-project remain very close to consensus.

Now, it might be the case that the leaders of the debian-legal
community aren't very representative of the ideology of the masses of
Debian developers.  If we find that is the case, then we'll be no worse
off than if Mr. Romosan managed to derail our deliberations, and the
masses may learn that they need to interest themselves in boring legal
issues, and participate in this mailing list, which is not closed to
anyone.

Mr. Romosan appears more interested in contributing noise than signal.
Any consensus as fragile as the one you're afraid we had, isn't worth
having.  Let's keep moving.

-- 
G. Branden Robinson|   The last Christian died on the
Debian GNU/Linux   |   cross.
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Re: Legal questions about some GNU Emacs files

2003-05-07 Thread Branden Robinson
On Tue, Apr 29, 2003 at 09:37:13PM +0200, Jérôme Marant wrote:
 Anthony Towns aj@azure.humbug.org.au writes:
 
  If we decide hey, let's not distribute them in main at all, I take it
  you mean.
 
  You don't have to distribute pristine tarballs. The xfree86 upstream
  source includes some non-free stuff, which is stripped out of the
  .orig.tar.gz before Branden uploads it, eg.
 
 I didn't know that.

He ain't lyin'.

-- 
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Debian GNU/Linux   |where religious beliefs end and
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Re: Legal questions about some GNU Emacs files

2003-05-07 Thread Branden Robinson
On Tue, Apr 29, 2003 at 05:59:31PM +1000, Anthony Towns wrote:
 You might like to consider some of the other documents accompanying
 WHY-FREE, and their relevance to emacs or Debian.
 
   CENSORSHIP - 1996-03-01 criticism of the Communications Decency Act
 of 1996-02, which was struck down on 1997-06-26.
   COOKIES - undated copy of a 1987 urban legend, debunked at, eg
 http://www.topsecretrecipes.com/sleuth/sleuth3.htm
   JOKES - GNU jokes (What is a hackers' favorite candy? Gnugat)
   LPF - 1994-02-03 exhortation to join the League for Programming
 Freedom, which has been mostly defunct since 1995
   MACHINES - some remarks on how to build emacs on various systems
   celibacy.1, condom.1, sex.6
 
 Reflecting on the liklihood of something like, say, CENSORSHIP or LPF,
 being included as an invariant section in future GFDL documentation
 might be worthwhile.

It looks like RMS used to use the official GNU Emacs distribution in a
similar manner to the one in which he uses his personal webpage today.

  http://www.stallman.org/

I'll note that I find myself in sympathy with much of the material on
that webpage.  I just don't think most of it's germane to software
distribution, and I do not think it is -- neighborly -- to attach
unremovable, unmodifiable activist literature to software distributions
and call the product free as in freedom.

-- 
G. Branden Robinson|
Debian GNU/Linux   |  Please do not look directly into
[EMAIL PROTECTED] |  laser with remaining eye.
http://people.debian.org/~branden/ |


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Re: Legal questions about some GNU Emacs files

2003-05-07 Thread Matthew Palmer
On Wed, 7 May 2003, Branden Robinson wrote:

 On Tue, Apr 29, 2003 at 12:48:20PM +1000, Matthew Palmer wrote:
  * Whether it is useful or not as a DFWWWDG-free item is not at issue.  If it
  is not free as we define it, Debian will not distribute it.
 
 ...in main, anyway...

Hair well split.  Would you have preferred will not be a part of the Debian
distribution?


-- 
---
#include disclaimer.h
Matthew Palmer, Geek In Residence
http://ieee.uow.edu.au/~mjp16




Re: various opinions on Debian vs the GFDL

2003-05-07 Thread Branden Robinson
On Wed, Apr 30, 2003 at 03:51:06PM +0200, Stephane Bortzmeyer wrote:
 On Wed, Apr 30, 2003 at 12:15:32AM +0200,
  Henning Makholm [EMAIL PROTECTED] wrote 
  a message of 33 lines which said:
 
?) The GFDL is not free when applied to documents if any of
   the invariant or cover options are exercised. 
 
 Is it a consensus on debian-legal that a GFDL work *without* any
 Invariant or Cover is indeed free and has no problem being distributed
 in main?

Not quite.  This mailing list's analysis of the GFDL has revealed other,
subtler problems with the license, but I think it's safe to say that if
the FSF were willing to modify the license to rectify the Invariant or
Covert Texts restrictions in a way we'd regard as DFSG-free, they
probably wouldn't have a problem making the other much smaller changes
we'd likely request.

The FSF is standing in defense of Invariant Sections and Cover Texts on
principle, however what exactly those principles are have not been
clearly articulated as far as I can tell, are not present on the FSF/GNU
website, and appear to be different from the FSF's principles regarding
software freedom.

In my opinion, the FSF has not been completely forthcoming on these
matters.  I think we would all benefit if they would shed some light on
these matters.

-- 
G. Branden Robinson| Why do we have to hide from the
Debian GNU/Linux   |  police, Daddy?
[EMAIL PROTECTED] | Because we use vi, son.  They use
http://people.debian.org/~branden/ |  emacs.


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Re: GFDL Freeness and Cover Texts

2003-05-07 Thread Branden Robinson
On Mon, May 05, 2003 at 11:16:29PM -0400, Anthony DeRobertis wrote:
 Besides, I don't think [...] the ftp masters want to become the
 Truth Police.

Who says they aren't already?

;-)

-- 
G. Branden Robinson|  Never underestimate the power of
Debian GNU/Linux   |  human stupidity.
[EMAIL PROTECTED] |  -- Robert Heinlein
http://people.debian.org/~branden/ |


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Re: GFDL Freeness and Cover Texts

2003-05-07 Thread Branden Robinson
On Tue, May 06, 2003 at 02:36:34AM -0400, Anthony DeRobertis wrote:
 On Sun, 2003-05-04 at 17:29, MJ Ray wrote:
 
  Does the advertising clause restrict your ability to modify the original
  work more than copyright law?
 
 No, it restricts my ability to modify _other_ works, which, IMO, is far
 worse. Personally, I don't think the DFSG allows it, except by
 grandfathering it in (see, e.g., DSFG 9).

This is a very good argument.  I wish certain people would take the bugs
I filed in December 2001 more seriously.  :(

-- 
G. Branden Robinson| There's nothing an agnostic can't
Debian GNU/Linux   | do if he doesn't know whether he
[EMAIL PROTECTED] | believes in it or not.
http://people.debian.org/~branden/ | -- Graham Chapman


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Re: compatibility between Open Publication License and GNU GPL

2003-05-07 Thread Branden Robinson
On Thu, May 01, 2003 at 11:00:41AM -0700, Mark Rafn wrote:
  | The publisher
  | and author's names shall appear on all outer surfaces of the
  | book. On all outer surfaces of the book the original
  | publisher's name shall be as large as the title of the work and
  | cited as possessive with respect to the title.
 
 This would likely not be accepted for software.  There's currently some 
 debate (heh) on whether documentation can be considered free with this 
 kind of restriction and whether there is a category of things that are 
 not software which Debian should distribute even if they're not free.
 
 My personal opinion is that this clause makes any work released under 
 this license non-free, and Debian shouldn't distribute it. 

Hm.  I think have said in the past that the OPL was Free if neither of
its license options were exercised.  However the above quoted text from
the license is not conditional, and is part of all instantiations of the
OPL.

I hereby retract any previous unequivocal statements I made about the
OPL's DFSG-freeness when neither license option is exercised.

I am not yet willing to make a new unequivocal statement to replace it.
My thoughts on this issue will probably hitched to the GNU FDL Cover
Texts issue, but I need more time to reflect on the subject.

-- 
G. Branden Robinson| Men are born ignorant, not stupid.
Debian GNU/Linux   | They are made stupid by education.
[EMAIL PROTECTED] | -- Bertrand Russell
http://people.debian.org/~branden/ |


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Re: Bug#191717: automake1.6: install-sh licensing nightmare?

2003-05-07 Thread Branden Robinson
On Fri, May 02, 2003 at 11:21:18PM -0400, Matt Zimmerman wrote:
 Package: automake1.6
 Version: 1.6.3-5
 Severity: serious
 
 I noticed this from a discussion in #148412 about gimp's licensing)

[snip standard MIT/X11 copyright notice and license]

 Not only does automake not reproduce these notices in its documentation, as
 required, but it also automatically installs a copy of install-sh into
 automake-using packages when --add-missing is used.  The authors of these
 other software packages are almost certainly not aware of this clause in the
 install-sh license and how it affects their programs.
 
 This problem also applies to automake1.4, and probably all other versions as
 well.

Perhaps I'm being dense, but what do you want debian-legal to do about
this?  Clearly the authors of GNU Automake should get right with
licensing, but until and unless Debian is threatened by representatives
of MIT I don't think there's a reason to panic.

This issue should be brought to the attention of the automake upstream
maintainer(s).  That's a simple courtesy.  I do not think it is Debian's
job to enforce other people's copyrights.  Our only responsibilities in
this matter are to take reasonable steps to guard ourselves and our
users from copyright infringement liability.

Is your argument that because of the nature of GNU automake, it might be
causing our users to inadvertently infringe MIT's copyright?  If so,
that is indeed more serious, and the bug should be fixed by the Debian
maintainer.

Alternatively, we could just get someone to write a work-alike of MIT's
install program, place it into the public domain, and replace the one in
GNU automake with that.  I mean, come on, it's *install*.  It ain't
hard.

-- 
G. Branden Robinson|  Mob rule isn't any prettier just
Debian GNU/Linux   |  because you call your mob a
[EMAIL PROTECTED] |  government.
http://people.debian.org/~branden/ |


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Re: Legal questions about some GNU Emacs files

2003-05-07 Thread Branden Robinson
On Wed, Apr 30, 2003 at 01:25:34AM +0300, Antti-Juhani Kaijanaho wrote:
 On 20030429T140523-0700, Alex Romosan wrote:
  it is because of zealots like you every revolution fails in the end.
 
 So it is wrong for me to defend what I believe is right?

I think Mr. Romosan is expecting you to substitue his judgement for your
own.

-- 
G. Branden Robinson|It was a typical net.exercise -- a
Debian GNU/Linux   |screaming mob pounding on a greasy
[EMAIL PROTECTED] |spot on the pavement, where used to
http://people.debian.org/~branden/ |lie the carcass of a dead horse.


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Re: PHP-Nuke License Conclusion?

2003-05-07 Thread Branden Robinson
On Sun, May 04, 2003 at 04:44:39PM -0500, Steve Langasek wrote:
 The copyright holder of a work is free to license the work under the
 terms of his choosing.  Although the PHP-Nuke author has stated the work
 is under the GPL, he imposes the additional restriction (one which we
 believe is NOT part of the GPL normally) to display credits on every web
 page output by the software.  As such, the consensus on debian-legal is
 that PHP-Nuke does not comply with the DFSG and should not be included
 in Debian's main archive.

This point should probably be clarified.  The reason PHP-Nuke was
regarded as non-DFSG-free was because the author's additional
restriction created, in our opinion, a license that was impossible to
satisfy.  Sections 6 and 7 of the GNU GPL say:

  6.  Each time you redistribute the Program (or any work based on the
  Program), the recipient automatically receives a license from the
  original licensor to copy, distribute or modify the Program subject to
  these terms and conditions. You may not impose any further
  restrictions on the recipients' exercise of the rights granted herein.
  You are not responsible for enforcing compliance by third parties to
  this License.

  7. If, as a consequence of a court judgment or allegation of patent
  infringement or for any other reason (not limited to patent issues),
  conditions are imposed on you (whether by court order, agreement or
  otherwise) that contradict the conditions of this License, they do not
  excuse you from the conditions of this License. If you cannot
  distribute so as to satisfy simultaneously your obligations under this
  License and any other pertinent obligations, then as a consequence you
  may not distribute the Program at all.

Debian interprets this License and herein to mean the conditions of
the GNU GPL expressed in its text; no more and no less.  We interpreted
the PHP-Nuke author's additional restriction as just that, with the
consequences you'd expect from the above.  In our assessment, PHP-Nuke
isn't licensed to the public at all (as far as we can tell), and we
cannot distribute it -- even in our non-free archive.

-- 
G. Branden Robinson|Build a fire for a man, and he'll
Debian GNU/Linux   |be warm for a day.  Set a man on
[EMAIL PROTECTED] |fire, and he'll be warm for the
http://people.debian.org/~branden/ |rest of his life. - Terry Pratchett


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Re: Legal questions about some GNU Emacs files

2003-05-07 Thread Branden Robinson
On Wed, May 07, 2003 at 05:29:25PM +1000, Matthew Palmer wrote:
 On Wed, 7 May 2003, Branden Robinson wrote:
 
  On Tue, Apr 29, 2003 at 12:48:20PM +1000, Matthew Palmer wrote:
   * Whether it is useful or not as a DFWWWDG-free item is not at issue.  If 
   it
   is not free as we define it, Debian will not distribute it.
  
  ...in main, anyway...
 
 Hair well split.  Would you have preferred will not be a part of the Debian
 distribution?

It's more accurate, and makes us look less hypocritical.

Of course, the best way to avoid the perception of hypocrisy is to stop
distributing non-free...

-- 
G. Branden Robinson|It was a typical net.exercise -- a
Debian GNU/Linux   |screaming mob pounding on a greasy
[EMAIL PROTECTED] |spot on the pavement, where used to
http://people.debian.org/~branden/ |lie the carcass of a dead horse.


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Re: Bug#168554: Status of Sarge Release Issues (Updated for May)

2003-05-07 Thread MJ Ray
Christian Hammers [EMAIL PROTECTED] wrote:
 On Tue, May 06, 2003 at 07:27:12PM +0200, Andreas Metzler wrote:
 Hmm, I think you've got a point, the just add an OpenSSL exception to
 the license procedure doesn't work if other GPL'ed stuff
 (mysql-server) is included.
 I wrote today with Lenz Grimmer who is the MySQL employee who cares
 about contact to the distribution maintainers. He told me that he will
 talk about licence issues with David from MySQL at the end of this
 week.

Is gnutls a possible alternative for this yet?  It shouldn't cause
licence problems.

-- 
MJR



Re: Legal questions about some GNU Emacs files

2003-05-07 Thread John Holroyd
On Wed, 2003-05-07 at 07:21, Branden Robinson wrote:
 On Tue, Apr 29, 2003 at 05:59:31PM +1000, Anthony Towns wrote:
  You might like to consider some of the other documents accompanying
  WHY-FREE, and their relevance to emacs or Debian.

 It looks like RMS used to use the official GNU Emacs distribution in a
 similar manner to the one in which he uses his personal webpage today.
 
   http://www.stallman.org/
 
 I'll note that I find myself in sympathy with much of the material on
 that webpage.  I just don't think most of it's germane to software
 distribution, and I do not think it is -- neighborly -- to attach
 unremovable, unmodifiable activist literature to software distributions
 and call the product free as in freedom.

I think that's a reasonable comment. 
The offending literature, should be de-bundled from the package and life
goes on as normal for us all.

Has anybody asked RMS if he is willing to do this?  

-- 
John Holroyd [EMAIL PROTECTED]
Demos Technosis Ltd


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Re: query from Georg Greve of GNU about Debian's opinion of the FDL

2003-05-07 Thread MJ Ray
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Hash: SHA1

And now, a short clarification statement:
I was recently mentioned in a discussion on debian-legal, but the
cited emails are unpublished. I assure you that I did not claim to
speak for the Debian project or call the debian-legal list a minority
opinion. I did say that I could find no Debian policy about GFDL and
that is how the message to debian-legal should be interpreted. I
apologise for any confusion.

And now, for something completely different:
- --
MJR
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Re: [OT] Droit d'auteur vs. free software?

2003-05-07 Thread Henning Makholm
Scripsit Branden Robinson [EMAIL PROTECTED]
 On Fri, May 02, 2003 at 08:11:02PM +0200, Henning Makholm wrote:

  It is stupid if they released their software under a free license
  without realizing what freedom means.

 Well, the realization of what freedom means does in fact appear to be
 escaping some advocates of the GNU FDL...

Point taken.

-- 
Henning MakholmWhat a hideous colour khaki is.



Re: Legal questions about some GNU Emacs files

2003-05-07 Thread Jérôme Marant
En réponse à Branden Robinson [EMAIL PROTECTED]:

 1) Documentation *is* software; and
 2) The Debian Project treats documentation as software for the
 purposes
of interpreting our Social Contract and the Debian Free Software
Guidelines.
 
 I do not believe the former.  I do believe the latter.

Can a manifesto be considered as documentation? And more
generaly, what about verbatiml texts?

--
Jérôme Marant [EMAIL PROTECTED]
  [EMAIL PROTECTED]

http://marant.org



Re: LPPL and non-discrimination

2003-05-07 Thread Peter S Galbraith
Jeremy Hankins [EMAIL PROTECTED] wrote:

 Jonathan Fine [EMAIL PROTECTED] writes:
 
  My concern is with the Debian Free License, and the
  non-dsicrimination guideline.
 
  Suppose ABC Software takes a DFL and from it creates
  a new license (call it ABC-DFL) by adding the clause:
If the licensee is ABC Software Inc then the licensee
may freely incorporate this work into its proprietary
software.
 
  My question is this:  Does this ABC-DFL license meet the
  Debian Free Software Guidelines?
 
 Must modifications be under the ABC-DFL?  If so, it's non-free because
 to modify it you must agree that ABC can use your code in their
 proprietary stuff.  Is this what you're getting at?
 
 Otherwise, it's free, afaict.

Didn't the QPL used to have this exact feature?
It was considered free at the time, wasn't it?



Re: Bug#191717: automake1.6: install-sh licensing nightmare?

2003-05-07 Thread Eric Dorland
I've already contacted upstream privately about this and he is all
over it. They will either rewrite it from scratch, or perhaps update
the licensing terms since it seems at one point install.sh was
distributed later on in X11R6 without these licensing terms. I'll keep
you posted.

* Branden Robinson ([EMAIL PROTECTED]) wrote:
 On Fri, May 02, 2003 at 11:21:18PM -0400, Matt Zimmerman wrote:
  Package: automake1.6
  Version: 1.6.3-5
  Severity: serious
  
  I noticed this from a discussion in #148412 about gimp's licensing)
 
 [snip standard MIT/X11 copyright notice and license]
 
  Not only does automake not reproduce these notices in its documentation, as
  required, but it also automatically installs a copy of install-sh into
  automake-using packages when --add-missing is used.  The authors of these
  other software packages are almost certainly not aware of this clause in the
  install-sh license and how it affects their programs.
  
  This problem also applies to automake1.4, and probably all other versions as
  well.
 
 Perhaps I'm being dense, but what do you want debian-legal to do about
 this?  Clearly the authors of GNU Automake should get right with
 licensing, but until and unless Debian is threatened by representatives
 of MIT I don't think there's a reason to panic.
 
 This issue should be brought to the attention of the automake upstream
 maintainer(s).  That's a simple courtesy.  I do not think it is Debian's
 job to enforce other people's copyrights.  Our only responsibilities in
 this matter are to take reasonable steps to guard ourselves and our
 users from copyright infringement liability.
 
 Is your argument that because of the nature of GNU automake, it might be
 causing our users to inadvertently infringe MIT's copyright?  If so,
 that is indeed more serious, and the bug should be fixed by the Debian
 maintainer.
 
 Alternatively, we could just get someone to write a work-alike of MIT's
 install program, place it into the public domain, and replace the one in
 GNU automake with that.  I mean, come on, it's *install*.  It ain't
 hard.
 



-- 
Eric Dorland [EMAIL PROTECTED]
ICQ: #61138586, Jabber: [EMAIL PROTECTED]
1024D/16D970C6 097C 4861 9934 27A0 8E1C  2B0A 61E9 8ECF 16D9 70C6

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O? M++ V-- PS+ PE Y+ PGP++ t++ 5++ X+ R tv++ b+++ DI+ D+ 
G e h! r- y+ 
--END GEEK CODE BLOCK--



Re: LPPL and non-discrimination

2003-05-07 Thread Brian T. Sniffen
Jonathan Fine [EMAIL PROTECTED] writes:

 I think that there may have been a misunderstanding,
 caused by an ambiguity in the term free software.

 (Now there's a surprise.)

 Once it has been clarified, I think that there will
 be more agreement.

 So let's try.

 1.  Software is executables, source files, etc.

You're going to get yourself into trouble if you go much further here:
defining software both accurately and precisely is very, very hard.

 2.  The copyright holder can license the software
 to third parties.

 3.  Licensed software is free, according to the
 Debian Guidelines, if:
 a)  the license meets the Debian Free Software
 Guidelines.
 b)  the software is available as unobfuscated
 source, and not encumbered by patents or the like.

(b) is reducible to (a).  That is, anything which complies with the
DFSG will be modifiable and redistributable, so it must exist in a
clear, modifiable format without legal encumbrance.

 4.  The copyright holder can license software under
 both free and proprietary licenses, if he/she wishes
 to.

 So ABC Software can if they wish release the software
 they have written under a license that is Debian Free
 (call it DFL) and a proprietary license also (call it
 ABC-PL).

 Typically, the ABC-PL will cost money, and will allow
 creation of non-free derived works.

Typically, the ABC-DFL will also allow creation of non-free derived
works.  For example, the BSD and MIT/X11 licenses both allow creation
of non-free derived works by any party.  The prohibition against
creating non-free derived works is not a characteristic of free
licenses, but of copyleft licenses.  Most copyleft licenses happen to
be free licenses as well.

 So far, I think we have agreement.

With some exceptions and clarifications, yes.

 My concern is with the Debian Free License, and the
 non-dsicrimination guideline.

I think you might understand more if you broadened your concern to
look at Debian's process of accepting software (from ITP to upload) as
a whole, and the role debian-legal and the DFSG play in that process.

 Suppose ABC Software takes a DFL and from it creates
 a new license (call it ABC-DFL) by adding the clause:
   If the licensee is ABC Software Inc then the licensee
   may freely incorporate this work into its proprietary
   software.

 My question is this:  Does this ABC-DFL license meet the
 Debian Free Software Guidelines?

Yes.  Maybe.

If this is the MIT/X11 license, for example, the addition of your
candidate paragraph does not make it non-free.  Indeed, for almost
every non-copyleft license, this paragraph may be freely added: it
imposes no restriction on anybody other than ABC Software.

If DFL is a copyleft license, though, this is probably non-free.  It
imposes a cost to distribute modifications.

This is very hard to talk about, because licenses aren't modular: each
restriction or grant of permission ties into all the others.  I don't
think you can use an abstract DFL for this sort of conversation.
This seems like a weighty proposition now, but for any particular
example plugged in for DFL (CAL, GPL, MPL, BSD, etc), the question is
either a very clear Free, a very clear Non-Free, for reasons other
than discrimination or a very clear That's nonsense.

 This is a question, of course, about the working of the
 non-discrimination guideline.

Partly... but when similar licenses have been proposed in the past,
they've been rejected for failure to permit free distribution of
modifications, not for unfair discrimination.  I don't think you're going
to be able to put together an example where bias towards the copyright
holder involves the discrimination clause.  The discrimination clause
is more commonly used to prohibit software which is licensed as, for
example, MIT/X11, but only if you do no work involving a nuclear
power plant or Free for non-commercial use only.

-Brian 

-- 
Brian T. Sniffen [EMAIL PROTECTED] http://www.evenmere.org/~bts/



Re: PHP-Nuke License Conclusion?

2003-05-07 Thread Henning Makholm
Scripsit Branden Robinson [EMAIL PROTECTED]

 This point should probably be clarified.  The reason PHP-Nuke was
 regarded as non-DFSG-free was because the author's additional
 restriction created, in our opinion, a license that was impossible to
 satisfy.

I thought that the reason was that the combined license is simply not
free, even if one interprets it in a self-consistent way.

 Debian interprets this License and herein to mean the conditions of
 the GNU GPL expressed in its text; no more and no less.

s/Debian/Branden Robinson/

-- 
Henning Makholm Det er du nok fandens ene om at
 mene. For det ligger i Australien!



Re: PHP-Nuke License Conclusion?

2003-05-07 Thread Steve Langasek
On Wed, May 07, 2003 at 04:53:03PM +0200, Henning Makholm wrote:

  This point should probably be clarified.  The reason PHP-Nuke was
  regarded as non-DFSG-free was because the author's additional
  restriction created, in our opinion, a license that was impossible to
  satisfy.

 I thought that the reason was that the combined license is simply not
 free, even if one interprets it in a self-consistent way.

  Debian interprets this License and herein to mean the conditions of
  the GNU GPL expressed in its text; no more and no less.

 s/Debian/Branden Robinson/

Quite.  I don't believe there was any consensus that the license was
inconsistent, just that it was a) non-free, and b) not compatible with
other GPL software.

-- 
Steve Langasek
postmodern programmer


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Re: LPPL and non-discrimination

2003-05-07 Thread Jeremy Hankins
Glenn Maynard [EMAIL PROTECTED] writes:
 On Tue, May 06, 2003 at 07:34:21PM -0400, Jeremy Hankins wrote:

  Must modifications be under the ABC-DFL?  If so, it's non-free
  because to modify it you must agree that ABC can use your code in
  their proprietary stuff.  Is this what you're getting at?

 What about a license like the GPL, without the source distribution 
 requirement?

How is this different from a MIT/BSD license?  The license is free,
but as distributed (e.g., w/o source) it may not be.

-- 
Jeremy Hankins [EMAIL PROTECTED]
PGP fingerprint: 748F 4D16 538E 75D6 8333  9E10 D212 B5ED 37D0 0A03



Re: LPPL and non-discrimination

2003-05-07 Thread Jeremy Hankins
Anthony Towns aj@azure.humbug.org.au writes:
 On Tue, May 06, 2003 at 03:39:19PM -0400, Jeremy Hankins wrote:

 Must modifications be under the ABC-DFL?  If so, it's non-free because
 to modify it you must agree that ABC can use your code in their
 proprietary stuff.  

 Uh, no, that's not the case.

 Cheers,
 aj

Why not?  A license like the GPL, but with a clause requiring that Foo
Inc. have the right to relicense any derivative works as they please
is DFSG free?  One or the other of us is not understanding something
(quite possibly me, of course).

-- 
Jeremy Hankins [EMAIL PROTECTED]
PGP fingerprint: 748F 4D16 538E 75D6 8333  9E10 D212 B5ED 37D0 0A03



Re: various opinions on Debian vs the GFDL

2003-05-07 Thread Anthony DeRobertis

On Tuesday, May 6, 2003, at 10:03 AM, Anthony Towns wrote:


you should be able to do a
text representation of a FFT or something, I would've thought. Long,
and ugly, but editable as text,


That's no better than a hex dump of the PCM data. It's not any more 
editable in a text editor (possibly, quite less) than a hex dump of an 
ELF object. _Technically_ it's editable. Practically, it's not --- and 
that's what matters for the GFDL.



 and satisfying the terms of the GNU FDL
as far as I can see.


...suitable for revising the document STRAIGHTFORWARDLY with generic 
text editors...


Even editing MIDI-esque XML with a text editor wouldn't be all that 
straightforward.


They allow images to be edited with image editors; drawings to be 
edited with drawing programs; text files to be edited with text 
editors; why not sounds with sound editors?


And, what about video? Are we supposed to edit that with text editors, 
too?




I'm not claiming anyone would /want/ to distribute sound this way, but 
the

fact that you /can/ means this doesn't make GNU FDL docs non-free, IMO.


Making people jump through unreasonable hoops to modify a document 
isn't, IMO, free.




Re: Bug#189164: libdbd-mysql-perl uses GPL lib, may be used by GPL-incompatible apps

2003-05-07 Thread Anthony DeRobertis

On Wednesday, May 7, 2003, at 01:50 AM, Branden Robinson wrote:


Or are you wanting to restrict the problem domain to cases where an
interface innovated in a GPLed library hasn't been cloned yet?


Given:
1) Library GPLLib is under the GPL
2) Perl module Iface provides an interface to various implementations
   of similar features, and the user selects which implementation to
use
3) Perl modules PM uses GPLLib to implement Iface
4) Perl program P is under a GPL-incompatible license

Question:
Is is permissible for P to use PM through Iface?


I argue yes because I don't see how P could _possibly_ be held to be 
a derived worked of GPLLib, and thus is not subject to the GPLs 
restrictions.


I further argue that if the answer is no, there is no good reason to 
say changing the language from perl to shell script should matter, and 
thus no GPL-incompatibly licensed program can use GNU grep, ls, etc.




Re: Bug#191717: automake1.6: install-sh licensing nightmare?

2003-05-07 Thread Anthony DeRobertis


On Wednesday, May 7, 2003, at 03:53 AM, Branden Robinson wrote:

Is your argument that because of the nature of GNU automake, it might 
be

causing our users to inadvertently infringe MIT's copyright?


Yes, that's the argument. See the first paragraph under the quoted 
material, which reads in part:

...but it also automatically installs a copy of install-sh
 into automake-using packages when --add-missing is used.  The
 authors of these other software packages are almost certainly
 not aware of this clause in the install-sh license and how it
 affects their programs.



Re: query from Georg Greve of GNU about Debian's opinion of the FDL

2003-05-07 Thread Branden Robinson
On Wed, May 07, 2003 at 08:39:51AM -, MJ Ray wrote:
 And now, a short clarification statement:
 I was recently mentioned in a discussion on debian-legal, but the
 cited emails are unpublished. I assure you that I did not claim to
 speak for the Debian project or call the debian-legal list a minority
 opinion.

I don't think anyone made such a charge, so don't worry about it.

-- 
G. Branden Robinson| No math genius, eh?  Then perhaps
Debian GNU/Linux   | you could explain to me where you
[EMAIL PROTECTED] | got these...   PENROSE TILES!
http://people.debian.org/~branden/ | -- Stephen R. Notley


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Re: PHP-Nuke License Conclusion?

2003-05-07 Thread Branden Robinson
On Wed, May 07, 2003 at 04:53:03PM +0200, Henning Makholm wrote:
 Scripsit Branden Robinson [EMAIL PROTECTED]
 
  This point should probably be clarified.  The reason PHP-Nuke was
  regarded as non-DFSG-free was because the author's additional
  restriction created, in our opinion, a license that was impossible to
  satisfy.
 
 I thought that the reason was that the combined license is simply not
 free, even if one interprets it in a self-consistent way.

That may be, but I think we should be conservative in our rulings.  We
don't have to address the issue of whether the putative license is
DFSG-free if the work in question is de facto not licensed at all.

  Debian interprets this License and herein to mean the conditions of
  the GNU GPL expressed in its text; no more and no less.
 
 s/Debian/Branden Robinson/

I hadn't noticed any objections to my analysis, so I assumed people were
at least moderately comfortable with it.

If that's not the case, please refresh my memory, or present a critique
now.

-- 
G. Branden Robinson|   The software said it required
Debian GNU/Linux   |   Windows 3.1 or better, so I
[EMAIL PROTECTED] |   installed Linux.
http://people.debian.org/~branden/ |


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Re: Bug#168554: Status of Sarge Release Issues (Updated for May)

2003-05-07 Thread Branden Robinson
On Wed, May 07, 2003 at 08:29:52AM -, MJ Ray wrote:
 Christian Hammers [EMAIL PROTECTED] wrote:
  On Tue, May 06, 2003 at 07:27:12PM +0200, Andreas Metzler wrote:
  Hmm, I think you've got a point, the just add an OpenSSL exception to
  the license procedure doesn't work if other GPL'ed stuff
  (mysql-server) is included.
  I wrote today with Lenz Grimmer who is the MySQL employee who cares
  about contact to the distribution maintainers. He told me that he will
  talk about licence issues with David from MySQL at the end of this
  week.
 
 Is gnutls a possible alternative for this yet?  It shouldn't cause
 licence problems.

Actually it does.  GNU TLS's OpenSSL compatibility layer is licensed
under the GPL, not the LGPL, last time I checked.  This would cause
problems for at least some works we distribute.

-- 
G. Branden Robinson|   The last Christian died on the
Debian GNU/Linux   |   cross.
[EMAIL PROTECTED] |   -- Friedrich Nietzsche
http://people.debian.org/~branden/ |


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Re: Proposed statement wrt GNU FDL

2003-05-07 Thread Anthony Towns
On Wed, May 07, 2003 at 01:12:27AM -0500, Branden Robinson wrote:
 I think before Debian puts anything in main it should remove any
 invariant sections from the work, just as we do with non-free source
 code.  I once had a big old nasty flamewar with the FTP admins that
 was tangentially related to this point, but the FTP admins and I agreed
 that having non-free source code in a package's .orig.tar.gz was
 unacceptable even if it wasn't used for anything and did not appear in
 any binary packages.

As far as I know, we're happy to accept non-free stuff in pristine
.orig.tar.gz's as long as it's not used. If you don't have a pristine
.orig.tar.gz anyway, then it's silly to include unused non-free stuff,
but it's not cause for a REJECT.

 In other words, invariant sections (small I, small S) are not DFSG-free,
 but the removal of invariant sections from a work may be sufficient to
 render it DSFG-free.

Assuming that's allowed by the license of course. As far as I'm aware, it's
quite okay to do this in either the .diff.gz or debian/rules, though.

Cheers,
aj

-- 
Anthony Towns [EMAIL PROTECTED] http://azure.humbug.org.au/~aj/
I don't speak for anyone save myself. GPG signed mail preferred.

  ``Dear Anthony Towns: [...] Congratulations -- 
you are now certified as a Red Hat Certified Engineer!''


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Re: LPPL and non-discrimination

2003-05-07 Thread Glenn Maynard
On Wed, May 07, 2003 at 12:28:12PM -0400, Jeremy Hankins wrote:
   Must modifications be under the ABC-DFL?  If so, it's non-free
   because to modify it you must agree that ABC can use your code in
   their proprietary stuff.  Is this what you're getting at?
 
  What about a license like the GPL, without the source distribution 
  requirement?
 
 How is this different from a MIT/BSD license?  The license is free,
 but as distributed (e.g., w/o source) it may not be.

A license that says modify and distribute all you want; keep my name; don't
add additional restrictions to the license implicitly requires that you allow
your modifications to be used proprietarily, since it prevents you from adding
the GPL's safeguards against it.  I'd find that license to be obnoxious (and
it'd be incompatible with most other licenses), but it doesn't seem non-free.

-- 
Glenn Maynard



Re: Bug#189164: libdbd-mysql-perl uses GPL lib, may be used by GPL-incompatible apps

2003-05-07 Thread Edmund GRIMLEY EVANS
Anthony DeRobertis [EMAIL PROTECTED]:

 Given:
   1) Library GPLLib is under the GPL
   2) Perl module Iface provides an interface to various implementations
  of similar features, and the user selects which implementation to
 use
   3) Perl modules PM uses GPLLib to implement Iface
   4) Perl program P is under a GPL-incompatible license
 
 Question:
 Is is permissible for P to use PM through Iface?

Yes, of course, because the GPL doesn't restrict use!

 I argue yes because I don't see how P could _possibly_ be held to be 
 a derived worked of GPLLib, and thus is not subject to the GPLs 
 restrictions.

P is not a derived work of GPLLib, but P+GPLLib is likely to be a
derived work of GPLLib, in which case it is not allowed to distribute
them together. However, you could certainly distribute P on its own if
you could reasonably claim that P is useful without GPLLib.

 I further argue that if the answer is no, there is no good reason to 
 say changing the language from perl to shell script should matter, and 
 thus no GPL-incompatibly licensed program can use GNU grep, ls, etc.

There are other implementations of grep, ls, etc, so it would
certainly be all right to distribute the GPL-incompatible shell script
on its own. Debian would distribute the shell script with GNU grep,
ls, etc, so you'd have to find another argument why the script is a
separate work from grep, ls, etc, which is probably doable if the
script makes relatively minor use of grep, etc to do something
independently interesting, but would be a bit harder if the script
implements a graphical interface to grep.

That's how I see it, anyway.

Edmund



Re: LPPL and non-discrimination

2003-05-07 Thread Anthony Towns
On Wed, May 07, 2003 at 12:32:04PM -0400, Jeremy Hankins wrote:
 Anthony Towns aj@azure.humbug.org.au writes:
  Must modifications be under the ABC-DFL?  If so, it's non-free because
  to modify it you must agree that ABC can use your code in their
  proprietary stuff.  
  Uh, no, that's not the case.
 Why not?  A license like the GPL, but with a clause requiring that Foo
 Inc. have the right to relicense any derivative works as they please
 is DFSG free?

I'm not sure that's particularly like the GPL, but yes, it is.

DFSG-free means that it can be included in Debian, maintained by our
maintainers and used by our users. It doesn't mean it's necessarily fair,
or optimal or moral.

Cheers,
aj

-- 
Anthony Towns [EMAIL PROTECTED] http://azure.humbug.org.au/~aj/
I don't speak for anyone save myself. GPG signed mail preferred.

  ``Dear Anthony Towns: [...] Congratulations -- 
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Re: LPPL and non-discrimination

2003-05-07 Thread Richard Braakman
On Wed, May 07, 2003 at 09:52:46AM -0400, Peter S Galbraith wrote:
 Didn't the QPL used to have this exact feature?
 It was considered free at the time, wasn't it?

The NPL (Netscape Public License; parts of Mozilla still use it) has
this feature.  Check out part V of the Additional Terms:

  V. Use of Modifications and Covered Code by Initial Developer.
   V.1. In General.
   The obligations of Section 3 apply to Netscape, except to
   the extent specified in this Amendment, Section V.2 and V.3.

   V.2. Other Products.
   Netscape may include Covered Code in products other than the
   Netscape's Branded Code which are released by Netscape
   during the two (2) years following the release date of the
   Original Code, without such additional products becoming
   subject to the terms of this License, and may license such
   additional products on different terms from those contained
   in this License.

   V.3. Alternative Licensing.
   Netscape may license the Source Code of Netscape's Branded
   Code, including Modifications incorporated therein, without
   such Netscape Branded Code becoming subject to the terms of
   this License, and may license such Netscape Branded Code on
   different terms from those contained in this License.
 
(The Section 3 referred to in V.1 is about distribution of modified
versions; it also contains the copyleft clauses.)

The NPL makes me want to add a License must not be overly verbose
clause to the DFSG...

Richard Braakman



Re: Proposed statement wrt GNU FDL

2003-05-07 Thread Anthony Towns
On Thu, May 08, 2003 at 06:07:10AM +1000, Anthony Towns wrote:
 As far as I know, we're happy to accept non-free stuff in pristine
 .orig.tar.gz's as long as it's not used. 

Okay, so this is wrong. You're not allowed to include non-free stuff in
anything uploaded to main, .deb, .diff.gz or .orig.tar.gz.

Cheers,
aj

-- 
Anthony Towns [EMAIL PROTECTED] http://azure.humbug.org.au/~aj/
I don't speak for anyone save myself. GPG signed mail preferred.

  ``Dear Anthony Towns: [...] Congratulations -- 
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Re: Proposed statement wrt GNU FDL

2003-05-07 Thread Don Armstrong
On Thu, 08 May 2003, Anthony Towns wrote:
 As far as I know, we're happy to accept non-free stuff in pristine
 .orig.tar.gz's as long as it's not used.

I'd actually expect apt-get source foo to return sources that are DFSG
free, when foo is in main or contrib.

Granted, you should be checking the licenses of any source that you
use before you use it, but I would assume many of us expect all of the
software and sources in main to be free under the DFSG.

 If you don't have a pristine .orig.tar.gz anyway, then it's silly to
 include unused non-free stuff, but it's not cause for a REJECT.

But it seems strange (to me anyway) that an ftp-master would be
finding this out in a situation where a maintainer didn't already know
about it. Either someone didn't look over the code and licenses when
they were packaging, didn't examine the diff between versions, was
otherwise unaware of what they were uploading, or knew and didn't have
time to do anything abou it.


Don Armstrong

-- 
Miracles had become relative common-places since the advent of
entheogens; it now took very unusual circumstances to attract public
attention to sightings of supernatural entities. The latest miracle
had raised the ante on the supernatural: the Virgin Mary had
manifested herself to two children, a dog, and a Public Telepresence
Point.

-- Bruce Sterling, _Holy Fire_ p228

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Re: Bug#189164: libdbd-mysql-perl uses GPL lib, may be used by GPL-incompatible apps

2003-05-07 Thread Branden Robinson
On Wed, May 07, 2003 at 01:12:09PM -0400, Anthony DeRobertis wrote:
 On Wednesday, May 7, 2003, at 01:50 AM, Branden Robinson wrote:
 
 Or are you wanting to restrict the problem domain to cases where an
 interface innovated in a GPLed library hasn't been cloned yet?
 
 Given:
   1) Library GPLLib is under the GPL
   2) Perl module Iface provides an interface to various implementations
  of similar features, and the user selects which implementation to
 use
   3) Perl modules PM uses GPLLib to implement Iface
   4) Perl program P is under a GPL-incompatible license
 
 Question:
 Is is permissible for P to use PM through Iface?

I would say yes, and I think that 2) is the critical issue.

Without 2), this procedure looks like an effort to create a Perl module
Iface which is a shim to let other programs P make themselves infrining
derivatives of GPLLib.

But with 2), this procedure looks like an effort to create an
abstraction layer Iface, which is a shim to let other programs P
interoperate with a de-facto standard.  Programs P cannot *necessarily*
be derivative works of GPLLlib in this scenario, and therefore such
programs are not *necessarily* infringing of the GNU GPL at the time
they are distributed.

This is my opinion, and I cannot claim to speak for the FSF, but the
above sounds exactly like the libreadline/libeditline situation to me,
and to my knowledge the FSF has never gone after people who *weren't*
using libreadline-as-libreadline with a GPL-incompatible application.
NcFTP is an example of a program that did just that, according to the
FSF.

-- 
G. Branden Robinson|   The software said it required
Debian GNU/Linux   |   Windows 3.1 or better, so I
[EMAIL PROTECTED] |   installed Linux.
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Re: Bug#191717: automake1.6: install-sh licensing nightmare?

2003-05-07 Thread Branden Robinson
On Wed, May 07, 2003 at 01:15:41PM -0400, Anthony DeRobertis wrote:
 Yes, that's the argument. See the first paragraph under the quoted 
 material, which reads in part:
 ...but it also automatically installs a copy of install-sh
  into automake-using packages when --add-missing is used.  The
  authors of these other software packages are almost certainly
  not aware of this clause in the install-sh license and how it
  affects their programs.

Okay, well, it sounds like Eric Dorland has the situation under control.

-- 
G. Branden Robinson|  I came, I saw, she conquered.
Debian GNU/Linux   |  The original Latin seems to have
[EMAIL PROTECTED] |  been garbled.
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