Re: MySQL licensing and OpenSSL linking issues

2003-06-15 Thread Steve Langasek
On Sat, Jun 07, 2003 at 01:08:21PM -0500, Branden Robinson wrote:
 On Fri, Jun 06, 2003 at 02:25:45PM -0500, Steve Langasek wrote:
Other than that issue, I think this would nicely address Debian's needs.
I'm pleased to see MySQL AB taking this step to clarify the license of
the client libraries.

   It seems at that point that it would be easier to just put it under
   the LGPL.

  Except that the LGPL permits use of the code in ways that MySQL does not
  want to allow.

 Well, what do they want to allow, and what don't they want to allow?

 Perhaps we can help them formalize the wording, if we understand their
 desires.

As I understand it, they're looking for the copyleft protection of the
GPL to avoid exploitation of the library in proprietary applications,
but at the same time want to permit linkage from GPL-incompatible Free
Software (I'll bet PHP is a big factor here).  Beyond that, I imagine
their desire is fairly vague, and passing the buck to the OSI would
relieve them of the burden of formal wording. :)

-- 
Steve Langasek
postmodern programmer


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Re: A single unified license

2003-06-15 Thread J.D. Hood
The idea of writing a single license for both software and
documentation (i.e., for content) is a good one.  Perhaps
this could be done in GPL version 4.  I would hope that in
extending it, the beauty of the current GPL is preserved.

What is beautiful about the GPL is that it grants the licensee
total freedom to do what s/he likes with the work, with a
single well understood limitation: s/he cannot distribute an
improved version of the work under more restrictive terms or
conditions than those of the GPL.  This restriction is not
a burdensome restriction on anyone who wants to contribute to
the commons: it simply rules out a certain dangerous sort of
exploitative behavior: the Embrace and Extend(tm) strategy.
The GPL places minimal restrictions on the use of the content
itself.

That is more than can be said for the GFDL.  The GFDL places
several different kinds of restrictions on the content itself,
none of which appears to be either necessary or sufficient for
the effective protection of software freedom.  We are supposed
to accept these restrictions on the grounds that RMS doesn't
find them too onerous.  That just isn't good enough, at least
for Debian's purposes.

So I hope that a future unified content license is modelled
on the current GPL, not on the GFDL.

--
Thomas Hood


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Re: A single unified license

2003-06-15 Thread Richard Stallman
GPL 3 is not at the stage to ask for public comments.



Re: A single unified license

2003-06-15 Thread Richard Stallman
Can someone remind me how exactly the license above is incompatible with
the GNU GPL?

Each one is a copyleft.  The GPL says the combined work must be under
the GPL.  The simple license says the combined work must be under that
license.  Both cannot be true at once.



Re: Proposed: Debian's Five Freedoms for Free Works

2003-06-15 Thread Nathanael Nerode
4) The freedom to change the Work for any purpose[1], to distribute
   one's changes, and to distribute the Work in modified form.  Access
   to the form of the work which is preferred for making modifications,
   if applicable, is a precondition for this.

OK, so there's lots of argument about preferred form.

How about a more negative definition:

Deliberately obfusticated or encrypted forms and program-generated forms 
are *not* preferred forms for making modifications.



Re: A single unified license

2003-06-15 Thread Anthony DeRobertis


On Saturday, Jun 14, 2003, at 07:03 US/Eastern, Richard Braakman


That's a lot easier than Here's a Debian CD.  And here's my solemn
promise to provide source CDs for this Debian version to anyone who
asks for the next three years.  Please wait while I go buy a CD 
burner.

(Note that 2(c) is not an option here because Debian doesn't use 2(b).)


Well, the CD burner thing doesn't really apply; either I got that 
Debian CD by burning it, from a friend, or buying it. In the first 
case, I already have the CD burner. In the second case and third case, 
I should have source disks or a 2(b) offer. In the third case (and 
maybe the second case), the first sale doctrine applies as well, so I 
don't have to worry about the GPL.


However, I see your point here. For me giving a Debian CD to my friend, 
I shouldn't have to either worry about doubling the number of CDs (and 
download time) or 2(b). I agree that 2(c) needs to be improved in light 
of the seldom use of 2(b).


May I suggest:

d) Accompany it with information you reasonably expect to remain
accurate for at least one year as to how to obtain, for a charge
no more than the cost of physically performing source distribution,
corresponding source. (This alternative is allowed only for
noncommercial distribution in quantities of under 120 per year)

The wording needs some help, of course. But the major changes:

1) You must reasonably expect the information to remain
   accurate for one (or should this be 3?) years. In the
   case of Debian, you'd use ftp.d.o or archive.d.o.
2) You may only do it 120 times or less per year. This
   number seems high to me... Maybe it should be less. I
   sure don't give out 10 Debian CDs a month.

One problem I still see with the wording is that the information I 
could give could be:

Visit http://www.google.com/, search for foomajig 0.13.2.


I think 2(d) reflects what people already do in practice.  It may even
dispel some of the misinformation and misunderstanding surrounding the
GPL, by making it clear that this alternative is NOT allowed for
commercial distribution.


Hopefully, at least one of the works distributed by someone doing 
commercial distribution without even reading the license will be 
registered with the Copyright Office. That way, they can learn about 
statutory damages under Title 17. I'd hope people doing commercial 
distribution would be a little more cautious; and, of course, if 
they're not reading the license, then adding in this clause isn't going 
to help.




Re: A single unified license

2003-06-15 Thread Nathanael Nerode
RMS said:
GPL 3 is not at the stage to ask for public comments.

Rumor has it that it will contain loads of stuff which Debian considers 
non-free.  This is a *problem*.

The FDL public comment period resulted in *no* significant changes due 
to the public comments.  

RMS has declared that he has the final word on anything the FSF does, 
and refuses to give out the names of anyone else involved [1].  
Getting information about his reasons for decisions about the 
controversial parts of the FDL has been like squeezing blood from a 
stone [2].  (It took about a year to get the information that he 
considered invariant sections acceptable because he classed them as 
'packaging restrictions'.)

The FSF is set up as a charitable corporation, which means its board is
self-perpetuating.  It is currently run as RMS's personal autocratic 
fiefdom [3], and there's really no chance of that changing without 
RMS's assent given a self-perpetuating board.  (Unless he dies, of 
course.)

Previously, developers were willing to assign their copyrights to the 
FSF because they trusted RMS/the FSF to preserve the freedom of their 
code.

After the FDL fiasco, I no longer trust him to do that.  I am waiting 
for a definitive legal opinion from the FSF on whether I can relicence
my *own* contributions under a more permissive license (such as the GPL 
v.2).  (I do not appear to get that right from my copyright 
assignment papers.)  If that right is absent, I will have to cancel my 
current copyright assignment to the FSF, in favor of a disclaimer 
(since putting my work in the public domain is far better than 
allowing it to be made proprietary by the FSF).

--
If we can anticipate consistent behavior from the FSF, we will see the 
following:
1. The GPL v.3 will be presented for public comment.  It will contain 
unacceptable non-free provisions with no good explanation.
2. The comment period will contain lots of complaints about this.
3. The final version of the GPL v.3 will be released, with no change in 
the non-free provisions, and no explanation as to why.

At this point, it will be necessary for free software developers to do 
the following:
a) Discourage version 2 or later licensing in favor of version 2 
licensing
b) Encourage the forking of all FSF-copyrighted projects

I would personally start a fork of GCC.

Forking and relicensing is a slow, tedious process.  Accordingly, if the 
FSF is planning to release a non-free GPL v.3, we want to start the 
process as soon as possible; waiting simply gives them a head start at 
subverting free software.  On the other hand, if the GPL v.3 will be 
just *fine*, we don't *want* to cause the trouble caused by forking and 
relicensing.

What free software developers want are reassurances that the FSF is *not*
planning to cause this nightmare scenario by making a GPL v.3 which is 
unacceptable to Debian.  We have *no* such reassurances.  The recent 
past leads us to be very suspicious.  

The no information coming out attitude from the FSF means, sadly, that 
we must believe the worst: that the FSF is planning to subvert free 
software with the GPL v.3, and that RMS is trying to hold off on 
supplying information as long as possible so as to leave the opposition 
scrambling to catch up, as it is with the FDL.

I will be starting the following projects:
1.  Informational website with reasons to avoid the GNU FDL, and how to 
do so.
2.  List of free software developers who oppose the GNU FDL.
3.  Project to create free (GPL) manuals for GCC, and eventually other 
projects with FDL'ed manuals.  (This is partly awaiting the FSF's legal 
opinion on relicensing of one's own contributions, since if we definitely can,
I just need to collect the contributions of willing developers and then 
fill the gaps.)

I'll need help with all of these. :-(

[1] Personal communication.
[2] Archives of debian-legal.
[3] In addition to the evidence above, all requests for licensing 
changes on FSF projects must go through RMS personally, which can be 
testified to by many GCC developers.



Re: Proposed: Debian's Five Freedoms for Free Works

2003-06-15 Thread Anthony DeRobertis


On Sunday, Jun 15, 2003, at 12:45 US/Eastern, Nathanael Nerode wrote:



Deliberately obfusticated or encrypted forms and program-generated 
forms

are *not* preferred forms for making modifications.


Program-generated forms can become the preferred form. Its certainly 
possible to use something like glade, for example, to generate skeleton 
code then fill it in.


Or, more weirdly, people do hack up configure, flex/bison output, etc.



Re: Proposed: Debian's Five Freedoms for Free Works

2003-06-15 Thread Steve Langasek
On Fri, Jun 13, 2003 at 12:57:13AM -0400, Greg Pomerantz wrote:
 Branden Robinson [EMAIL PROTECTED] wrote:
  I would say that the controlling preference is that of the person who
  last modified the Work and distributed it in that modified form.  Anyone
  downstream from that person would have to keep the source in that form
  and the binary together.

 I think one formulation that makes this a bit more explicit is this:

   4) The freedom to change the Work for any purpose, to distribute one's
   changes, and to distribute the Work in modified form. Unrestricted
   access to the form of the work which is preferred by its author for
   making modifications, if applicable, is a precondition for this.

 (with the possible addition of the words or translator after
 author). This makes explicit the fact that there is no single
 preferred form. If you allow individual authors to define their own
 preferred version, you solve problems like this --

In trying to specify, this phrasing overlooks other important preferred
forms.  Someone may make changes to an existing piece of software which
involve rearranging the APIs.  Is this a translation?  I'm not sure it
is; but it may change the source sufficiently that the original author
would prefer not to use that form as a basis for further modifications.
The important nuance here is that the preferred form is the form that
the last person to modify the code worked in when making those changes.
This is unfortunately hard to specify precisely in a definition.

   Andrea writes a program in C. Marty rewrites Andrea's program in
   Fortran. Ulysses gets Marty's binary and asks for source -- Marty
   can send his Fortran source because it is the form Marty prefers for
   making modifications.

 Alternately, assume Marty lives on a proprietary island and only
 has access to proprietary programming languages. Marty should not be
 barred from translating Andrea's program into a proprietary language and
 distributing his modifications in that language (which is preferred
 because its the only thing he's got).

 I think any definition of preferred form needs to pass this test. In
 other words, I think that any definition of preferred form that
 requires an open or transparent format will be non-free. The same
 holds true for document formats of course. The person who aims to
 prepare a derivative work should have the option of using whatever form
 she prefers, and should have no obligation beyond the distribution of
 modifications in her preferred form. I am not sure at this point the
 extent to which certain exceptions need to be in place in the case
 where the author has some vested interest in selling you a proprietary
 interpreter (in the extreme case, pay me $100 for the AES key you need
 to decrypt my preferred form). Any thoughts?

I think there are two distinct issues here that need to be considered:
whether a piece of software can be considered free if the only source
available for it requires proprietary software to be useful, and whether
a license can be considered free if it enforces redistribution of source
in a form that is useful without proprietary tools.

The first question seems to be the more important one to this
discussion, since being able to use/compile/edit the software is more
fundamental than being able to redistribute it in modified form.  And I
think the intuitive answer here is the correct one: for purposes of
identifying whether a piece of software comes with enough source code to
be considered free, we already have a separation in Debian between the
main archive and the contrib archive.  Software in contrib is
*effectively* non-free, even though it's not *intrinsically* non-free;
it's non-free by circumstance.  Free Software is well out of its
bootstrapping infancy, and being self-hosting is an important
characteristic of Debian.

I think this formulation of freedom in response to the first question
leads naturally to an answer to the second question: yes, we recognize
certain copyleft compromises as being free, and one of these is that a
license can require the redistribution of source code under free terms.
If source code written to a non-free interpreter is effectively
non-free, then I think a license which doesn't recognize distribution of
this sort of source code as fulfilling the source distribution
requirements *is* free.  I'm not sure such a license requirement is
necessarily a good idea, and I'm not sure whether the GPL contains this
requirement, but I do think such a requirement would not render a
license non-free.

-- 
Steve Langasek
postmodern programmer


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Re: Defining 'preferred form for making modifications'

2003-06-15 Thread Sam Hartman
 J == J D Hood [EMAIL PROTECTED] writes:

J I suggest that the definition of 'preferred form for making
J modifications' be information-theoretical.

Why?  What real-world problem does this solve?  Have we actually run
into situations where it was not obvious in a particular instance what
the preferred form for modifications was?




Re: Defining 'preferred form for making modifications'

2003-06-15 Thread Richard Braakman
On Sun, Jun 15, 2003 at 05:15:14PM -0400, Sam Hartman wrote:
 Why?  What real-world problem does this solve?  Have we actually run
 into situations where it was not obvious in a particular instance what
 the preferred form for modifications was?

I know of one thorny problem in this area: many graphics are distributed
as .png or .jpg files, even though their creator probably used a richer
format like .xcf.

IIRC, there was also a case of a ROM image that was released into the
public domain, but the source for it no longer existed.  I don't remember
enough details to search for it, though.

Richard Braakman



Re: Defining 'preferred form for making modifications'

2003-06-15 Thread Andrew Suffield
On Sun, Jun 15, 2003 at 07:47:32PM +0100, J.D. Hood wrote:
 I suggest that the definition of 'preferred form for
 making modifications' be information-theoretical.
 
 When source code is compiled into binary code there is a
 loss of information, as indicated by the fact that you
 cannot get the original source back, given only the binary
 code.
 
 On the other hand, if there is a set of different forms
 each of which is convertible into the others by means of
 freely available tools then any member of the set is as
 good as any other.

What if the program is written using proprietary tools and formats,
and translated into commented, maintainable C/java for release?

(Not a straw man; the technologies are being developed and we're going
to start seeing them over the next few years. One-dimensional text is
not the most effective representation of a program, it's just the
easiest to implement)

-- 
  .''`.  ** Debian GNU/Linux ** | Andrew Suffield
 : :' :  http://www.debian.org/ | Dept. of Computing,
 `. `'  | Imperial College,
   `- --  | London, UK


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Re: A single unified license

2003-06-15 Thread Nathanael Nerode
RMS said:
Reiser's statement was inaccurate.  For GPL version 3 we are
considering requirements for preserving certain limited author
information in the source code, and making explicit that other
GPL-compatible licenses that are present on parts of the code cannot
be removed from the source, but nothing beyond that.

*Heaves big sigh of relief*

OK, I'm happy. :-)  Thanks for the reassurances.

-- 
Nathanael Nerode  neroden at gcc.gnu.org
Don't use the GNU FDL for free documentation.  See
http://home.twcny.rr.com/nerode/neroden/fdl.html



Re: Proposed: Debian's Five Freedoms for Free Works

2003-06-15 Thread Branden Robinson
On Sun, Jun 15, 2003 at 01:28:18PM -0500, Steve Langasek wrote:
 The first question seems to be the more important one to this
 discussion, since being able to use/compile/edit the software is more
 fundamental than being able to redistribute it in modified form.

FWIW, I disagree with this prioritization.  While some of the
definitional freedoms may be dependent on others, none is less important
than another.

We do not have sufficient freedom if we are allowed to modify our
freely-licensed software DVD players to ignore region coding, not pass
the Macrovision signal, and skip FBI warnings commercials for other
products manufactured or sold by the same company that produced a DVD in
our posession, but forbidden from redistributing a free software DVD
player that has these features available.

-- 
G. Branden Robinson|  To be is to do   -- Plato
Debian GNU/Linux   |  To do is to be   -- Aristotle
[EMAIL PROTECTED] |  Do be do be do   -- Sinatra
http://people.debian.org/~branden/ |


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Re: A single unified license

2003-06-15 Thread Branden Robinson
On Sun, Jun 15, 2003 at 08:10:12PM -0400, Richard Stallman wrote:
 I look forward to read a draft of the GPL v3, since Hans Reiser did
 mention that the equivalent of 'Invariant Sections' would be added
 in the forthcoming GPL v3. 
 
 Reiser's statement was inaccurate.  For GPL version 3 we are
 considering requirements for preserving certain limited author
 information in the source code, and making explicit that other
 GPL-compatible licenses that are present on parts of the code cannot
 be removed from the source, but nothing beyond that.

So you are not considering adding Invariant Sections, Acknowlegdements,
or Endorsements to GPLv3?  That is encouraging, if true.

-- 
G. Branden Robinson|  There's no trick to being a
Debian GNU/Linux   |  humorist when you have the whole
[EMAIL PROTECTED] |  government working for you.
http://people.debian.org/~branden/ |  -- Will Rogers


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