Re: Freaky copyright laws [was: SUN RPC code is DFSG-free]

2003-08-26 Thread Steve Langasek
On Tue, Aug 26, 2003 at 02:05:54AM +0200, Wouter Verhelst wrote:
 On Mon, Aug 25, 2003 at 12:48:42PM -0500, Steve Langasek wrote:
 [database protection]
  Well, regardless of whether it's *called* copyright, it is a copy-right
  -- by virtue of the fact that it's an exclusive right granted to the
  creator to control the creation of copies of the work.

 That's not a very accurate definition of copyright, is it? If it
 involves controlling copies, surely there's copyright involved as well?

Of course it's accurate.  That's what copyright *means*.

 There are quite a few differences between copyright on the one hand, and
 database protecting laws on the other:

s/copyright/the set of local laws labelled copyright/

Naturally the database directive isn't commonly referred to as a
copyright.  If it were, then someone might catch on that it's completely
inconsistent with the rest of copyright law, and wonder why databases
should enjoy such special protection.  So the law is very carefully
positioned as being separate from copyright; its purpose is,
nevertheless, to control the creation of copies of works.

 * If you create a database, you have the right to
   - forbid reuse and/or requesting information from the database.
 Obviously, some people want to make some money out of creating a
 database :-)

I don't understand this.  It's self-evident to me that you have the
right to not provide information to people if you so choose.  How does
this part of the law change anything?

   - Control the first sale inside the EU. However, you cannot forbid
 further sales; once the database has been sold inside the EU (with
 the permission of the creator of the database, obviously), the
 creator loses his right to control further selling of the database.
 Correct me if I'm wrong, but I think this is not the case for
 copyrighted works.

It is the case under any reasonable copyright regime.  There are efforts
now by various copyright holders to restrict the right of first sale
through the enactment of shrink wrap licenses with the buyer, but at
least in the US, copyright law still says that you can re-sell a copy of
a work that's in your possession.  You just can't copy it.

 Copyright isn't just about controlling who gets to copy what. It's
 also about protecting the original author.

Under *your* copyright regime.  In any case, those particular features
would be more accurately described by the French term droit d'auteur
rather than copyright.  In English at least, the term copyright
pretty clearly refers to the creation of copies.

-- 
Steve Langasek
postmodern programmer


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Re: Freaky copyright laws [was: SUN RPC code is DFSG-free]

2003-08-26 Thread Wouter Verhelst
On Mon, Aug 25, 2003 at 11:11:03PM -0500, Steve Langasek wrote:
 On Tue, Aug 26, 2003 at 02:05:54AM +0200, Wouter Verhelst wrote:
  * If you create a database, you have the right to
- forbid reuse and/or requesting information from the database.
  Obviously, some people want to make some money out of creating a
  database :-)
 
 I don't understand this.  It's self-evident to me that you have the
 right to not provide information to people if you so choose.  How does
 this part of the law change anything?

It doesn't. However, if it wouldn't be present, it would. It's a
required part of the law to make it effective.

- Control the first sale inside the EU. However, you cannot forbid
  further sales; once the database has been sold inside the EU (with
  the permission of the creator of the database, obviously), the
  creator loses his right to control further selling of the database.
  Correct me if I'm wrong, but I think this is not the case for
  copyrighted works.
 
 It is the case under any reasonable copyright regime.  There are efforts
 now by various copyright holders to restrict the right of first sale
 through the enactment of shrink wrap licenses with the buyer, but at
 least in the US, copyright law still says that you can re-sell a copy of
 a work that's in your possession.  You just can't copy it.

Hm. I wasn't too clear here, then. My course clearly states that once
it's sold, you have the right to sell copies, too; the original creator
does not have the right to restrict you to sell copies anymore.

The difference between 'sale' and 'license' might be involved here,
though, I'm not sure. As said, IANAL.

-- 
Wouter Verhelst
Debian GNU/Linux -- http://www.debian.org
Nederlandstalige Linux-documentatie -- http://nl.linux.org
Stop breathing down my neck. My breathing is merely a simulation.
So is my neck, stop it anyway!
  -- Voyager's EMH versus the Prometheus' EMH, stardate 51462.


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license clarification for IRRToolSet

2003-08-26 Thread Joerg Wendland
Hi *,

what do you make of that? IRRToolSet is the Internet Routing Registry
Toolset from RIPE containing very useful tools for admins of autonomous
systems. I am pondering packaging it, so I took a look at its license
and found that each source file contains two copyright statements and
licenses. The copyright is now at RIPE NCC and they have a BSD-style (?)
license. But below that is the notice from the old copyright holder
(USC) with a license that only allows 'non-commercial' use and is thus
non-free. See the complete text below. Now is this software DFSG-free or
not?

Thanks, Joerg

// Copyright (c) 2001,2002RIPE NCC
//
// All Rights Reserved
//
// Permission to use, copy, modify, and distribute this software and its
// documentation for any purpose and without fee is hereby granted,
// provided that the above copyright notice appear in all copies and that
// both that copyright notice and this permission notice appear in
// supporting documentation, and that the name of the author not be
// used in advertising or publicity pertaining to distribution of the
// software without specific, written prior permission.
//
// THE AUTHOR DISCLAIMS ALL WARRANTIES WITH REGARD TO THIS SOFTWARE, INCLUDING
// ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS; IN NO EVENT SHALL
// AUTHOR BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY
// DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN
// AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF
// OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS SOFTWARE.
//
//
//  Copyright (c) 1994 by the University of Southern California
//  All rights reserved.
//
//  Permission to use, copy, modify, and distribute this software and its
//  documentation in source and binary forms for lawful non-commercial
//  purposes and without fee is hereby granted, provided that the above
//  copyright notice appear in all copies and that both the copyright
//  notice and this permission notice appear in supporting documentation,
//  and that any documentation, advertising materials, and other materials
//  related to such distribution and use acknowledge that the software was
//  developed by the University of Southern California, Information
//  Sciences Institute. The name of the USC may not be used to endorse or
//  promote products derived from this software without specific prior
//  written permission.
//
//  THE UNIVERSITY OF SOUTHERN CALIFORNIA DOES NOT MAKE ANY
//  REPRESENTATIONS ABOUT THE SUITABILITY OF THIS SOFTWARE FOR ANY
//  PURPOSE.  THIS SOFTWARE IS PROVIDED AS IS AND WITHOUT ANY EXPRESS OR
//  IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE IMPLIED
//  WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE,
//  TITLE, AND NON-INFRINGEMENT.
//
//  IN NO EVENT SHALL USC, OR ANY OTHER CONTRIBUTOR BE LIABLE FOR ANY
//  SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, WHETHER IN CONTRACT, TORT,
//  OR OTHER FORM OF ACTION, ARISING OUT OF OR IN CONNECTION WITH, THE USE
//  OR PERFORMANCE OF THIS SOFTWARE.
//
//  Questions concerning this software should be directed to
//  [EMAIL PROTECTED]
//
//  Author(s): Cengiz Alaettinoglu [EMAIL PROTECTED]
// John Mehringer [EMAIL PROTECTED]


-- 
Joerg joergland Wendland
GPG: 51CF8417 FP: 79C0 7671 AFC7 315E 657A  F318 57A3 7FBD 51CF 8417


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Re: Documentation and Sarge's Release Critical Policy

2003-08-26 Thread Stephen Stafford
On Mon, Aug 25, 2003 at 11:11:14AM +0200, J?r?me Marant wrote:
 
 Let's play fair now:
 
 From WordNet (r) 1.7 :
 
   software
n : (computer science) written programs or procedures or rules
and associated documentation pertaining to the operation
of a computer system and that are stored in read/write
memory; the market for software is expected to expand
 
 I do not consider those files are associated documentation. They
 do not document the program they come with, unlike the manual.
 

If the files are not associated then why are they THERE?  If they are not
associated, we can remove them.  The license means we can NOT remove them,
therefore, they are associated and are non-free.  (or are you going to claim
that a verbatim copying only license is Free?)

 
 No, qmail is non-free software and would not go into Debian.

Considering we HAVE to include these non-free components, then neither is
emacs free.

Stephen



Re: A possible GFDL compromise

2003-08-26 Thread Sergey Spiridonov

Nathanael Nerode wrote:

This is a very important point.  I have stated before that I would not have 
serious objections to the FSF issuing a small number of non-free manuals for 
a good reason, as it has been doing for 15 years.  (Nearly the entire GNU 
Project website is 'verbatim copying and distribution of this entire article' 
only, so there's further precedent for the GNU Project distributing non-free 
material.)




What about DFSG FAQ draft? Do you think this can be applied to FDL 
documentation?


# Q: Does whether some software is free depend solely on its license?

A: Almost always, but there are rare exceptions. When necessary we take 
other considerations into account. So two packages with the same license 
could be judged differently based on extra-license comments the 
copyright holder has made regarding intent or interpretation, or based 
on how the contents of the package interact with license stipulations.


--
Best regards, Sergey Spiridonov




Re: Freaky copyright laws [was: SUN RPC code is DFSG-free]

2003-08-26 Thread Arnoud Galactus Engelfriet
Steve Langasek wrote:
 On Tue, Aug 26, 2003 at 02:05:54AM +0200, Wouter Verhelst wrote:
  On Mon, Aug 25, 2003 at 12:48:42PM -0500, Steve Langasek wrote:
  [database protection]
   Well, regardless of whether it's *called* copyright, it is a copy-right
   -- by virtue of the fact that it's an exclusive right granted to the
   creator to control the creation of copies of the work.
 
  That's not a very accurate definition of copyright, is it? If it
  involves controlling copies, surely there's copyright involved as well?
 
 Of course it's accurate.  That's what copyright *means*.

Well, that may be so, but it does not mean you can apply all
copyright law principles to database rights. There are other
laws that give people rights to restrict copying, for example
design patents, utility models or masks for chips.

 Naturally the database directive isn't commonly referred to as a
 copyright.  If it were, then someone might catch on that it's completely
 inconsistent with the rest of copyright law, and wonder why databases
 should enjoy such special protection.  So the law is very carefully
 positioned as being separate from copyright; its purpose is,
 nevertheless, to control the creation of copies of works.

True. But my point was that you cannot use the criteria used
in copyright law to determine whether a database has database 
rights. It is a separate law, and so must be interpreted in
its own right.

  * If you create a database, you have the right to
- forbid reuse and/or requesting information from the database.
  Obviously, some people want to make some money out of creating a
  database :-)
 
 I don't understand this.  It's self-evident to me that you have the
 right to not provide information to people if you so choose.  How does
 this part of the law change anything?

The law forbids you to extract data from my protected database
and to redistribute this data. It also forbids you to provide
your own front-end to my database.

  Copyright isn't just about controlling who gets to copy what. It's
  also about protecting the original author.
 
 Under *your* copyright regime.  In any case, those particular features
 would be more accurately described by the French term droit d'auteur
 rather than copyright.  In English at least, the term copyright
 pretty clearly refers to the creation of copies.

Unfortunately the legal meaning of copyright has gone way
beyond the right to make copies. But maybe we should use
droit d'auteur, copyright and database rights as three
different terms to refer to different legal concepts.

Arnoud

-- 
Arnoud Engelfriet, Dutch patent attorney - Speaking only for myself
Patents, copyright and IPR explained for techies: http://www.iusmentis.com/



Re: license clarification for IRRToolSet

2003-08-26 Thread MJ Ray
On 2003-08-26 07:55:43 +0100 Joerg Wendland [EMAIL PROTECTED] 
wrote:



[...] But below that is the notice from the old copyright holder
(USC) with a license that only allows 'non-commercial' use and is thus
non-free. See the complete text below. Now is this software DFSG-free 
or

not?


It seems fairly clearly not DFSG-free in the current form, but maybe 
RIPE have some permission to relicense the USC parts.  It is probably 
worth seeking clarification.


--
MJR/slef   My Opinion Only and possibly not of any group I know.



Re: Freaky copyright laws [was: SUN RPC code is DFSG-free]

2003-08-26 Thread Arnoud Galactus Engelfriet
Branden Robinson wrote:
 If I recall correctly, U.S. legal tradition was ridiculed for not being
 grounded on sweat-of-the-brow arguments.  In actual fact, very little
 IP law in the U.S. appears to be grounded on that.  

If I ridiculed US law for not supporting database rights, I apologize.
However it is important to realize that database rights *are* based
on a sweat-of-the-brow argument. And again, since they have nothing
to do with copyright law, they do not need to be based on the Berne
Convention, the Copyright Clause or other principles of copyright law.

Arnoud

-- 
Arnoud Engelfriet, Dutch patent attorney - Speaking only for myself
Patents, copyright and IPR explained for techies: http://www.iusmentis.com/



Re: Documentation and Sarge's Release Critical Policy

2003-08-26 Thread Jérôme Marant
Quoting Stephen Stafford [EMAIL PROTECTED]:

 On Mon, Aug 25, 2003 at 11:11:14AM +0200, J?r?me Marant wrote:
  
  Let's play fair now:
  
  From WordNet (r) 1.7 :
  
software
 n : (computer science) written programs or procedures or rules
 and associated documentation pertaining to the operation
 of a computer system and that are stored in read/write
 memory; the market for software is expected to expand
  
  I do not consider those files are associated documentation. They
  do not document the program they come with, unlike the manual.
  
 
 If the files are not associated then why are they THERE?  If they are not

If they'd be out of the scope of DFSG, why would we care of them being
there or not? I see nothing wrong in distributing Free Software
advocacy.

 associated, we can remove them.  The license means we can NOT remove them,
 therefore, they are associated and are non-free.  (or are you going to claim

No, we can remove them.

 that a verbatim copying only license is Free?)

I claim that a speech is not software documentation and shall not be
considered as such. You shall not modify someone speech, you shall
not cut some part of someone's speech and tell everyone that you
wrote it, and so on.
There are limits everywhere in everyone's freedom.

  
  No, qmail is non-free software and would not go into Debian.
 
 Considering we HAVE to include these non-free components, then neither is
 emacs free.

Again, keeping those files in Emacs doesn't make Debian less free, because
they neither programs nor documentation so out of the scope of DFSG.

-- 
Jérôme Marant



Re: Documentation and Sarge's Release Critical Policy

2003-08-26 Thread Steve Langasek
On Tue, Aug 26, 2003 at 01:27:41PM +0200, Jérôme Marant wrote:
 Quoting Stephen Stafford [EMAIL PROTECTED]:
 
  On Mon, Aug 25, 2003 at 11:11:14AM +0200, J?r?me Marant wrote:
   
   Let's play fair now:
   
   From WordNet (r) 1.7 :
   
 software
  n : (computer science) written programs or procedures or rules
  and associated documentation pertaining to the operation
  of a computer system and that are stored in read/write
  memory; the market for software is expected to expand
   
   I do not consider those files are associated documentation. They
   do not document the program they come with, unlike the manual.
   
  
  If the files are not associated then why are they THERE?  If they are not

 If they'd be out of the scope of DFSG, why would we care of them being
 there or not? I see nothing wrong in distributing Free Software
 advocacy.

If we distribute it, it is currently not out of the scope of the DFSG.
If you have a problem with this, write a GR -- but stop with the
pointless grandstanding.

Oh, and where the GFDL is concerned, what you apparently mean to say is,
I see nothing wrong with requiring all distributors to also
distribute Free Software advocacy.  I do: it's a restriction on
freedom.

  that a verbatim copying only license is Free?)

 I claim that a speech is not software documentation and shall not be
 considered as such. You shall not modify someone speech, you shall
 not cut some part of someone's speech and tell everyone that you
 wrote it, and so on.
 There are limits everywhere in everyone's freedom.

We shall not distribute it.

-- 
Steve Langasek
postmodern programmer


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Re: Documentation and Sarge's Release Critical Policy

2003-08-26 Thread Jérôme Marant
Quoting Nathanael Nerode [EMAIL PROTECTED]:

 Jerome Marant, missing the point AGAIN, said:
 ^^^

Considering your attitude, I'm not going to discuss this with you
any longer. 

-- 
Jérôme Marant



Re: Documentation and Sarge's Release Critical Policy

2003-08-26 Thread Nathanael Nerode
Jerome Marant, missing the point AGAIN, said:
I claim that a speech is not software documentation and shall not be
considered as such. You shall not modify someone speech, you shall
not cut some part of someone's speech and tell everyone that you
wrote it, and so on.
There are limits everywhere in everyone's freedom.

Nobody is suggesting that misattribution or misrepresentation should be 
allowed.  This is a FAQ.  See
http://home.twcny.rr.com/nerode/neroden/fdl.html, the section entitled It's 
Not About Misrepresentation.



Re: A possible GFDL compromise

2003-08-26 Thread Nathanael Nerode
Richard Braakman wrote:
On Sun, Aug 24, 2003 at 06:26:07PM -0400, Nathanael Nerode wrote:
 In any case, your argument for Invariant Sections applies just as well to 
   ^-(here I refer to Richard Stallman's argument)
 programs as it does to manuals!  
 
 Would you consider a hypothetical program license to be free if it allowed 
 'off-topic' text which must be present unmodified in source and object 
code 
 of all derived versions, and must be displayed (perhaps through a 
 command-line option) by every derived program?  Maybe you would, in which 
 case you're consistent.  I wouldn't.

Heh, you choose an interesting example there.

c) If the modified program normally reads commands interactively
when run, you must cause it, when started running for such
interactive use in the most ordinary way, to print or display an
announcement including an appropriate copyright notice and a
notice that there is no warranty (or else, saying that you provide
a warranty) and that users may redistribute the program under
these conditions, and telling the user how to view a copy of this
License.  (Exception: if the Program itself is interactive but
does not normally print such an announcement, your work based on
the Program is not required to print an announcement.)

Richard Braakman

My example was deliberate.  :-)

I am not very fond of that clause of the GPL myself.  But it's worth noting 
that it doesn't specify any particular text.  Instead, it gives a rather 
generic set of requirements.  In a modified version, I can (must, in fact) 
fulfill these requirements with an announcement which is quite different from 
the one used on the original program.  Furthermore, the announcement 
requirements are directly related to the legal status of the distributed 
program.  So it's a very different case from GFDL-style Invariant Sections, 
and does not correspond to my example.

--Nathanael



Re: Documentation and Sarge's Release Critical Policy

2003-08-26 Thread Nathanael Nerode

Jerome Marant said:
Quoting Nathanael Nerode [EMAIL PROTECTED]:

 Jerome Marant, missing the point AGAIN, said:
 ^^^

Considering your attitude, I'm not going to discuss this with you
any longer. 

-- 
Jérôme Marant

My sincere apologies for the tone.  I was telling you to please read the 
answer to a Frequently Asked Question before continuing to push an 
already-discredited argument.  It gets *very* frustrating when people keep 
pulling out the same discredited straw-man arguments about misrepresentation 
and misattribution, which have nothing to do with the GFDL problems we're 
discussing.  I think my statement was more polite than the rather common 
RTFM, and with pretty much the same intent, but I don't particularly 
approve of saying that either, so I apologize.

--Nathanael Nerode



Re: Bug#181493: SUN RPC code is DFSG-free

2003-08-26 Thread Anthony Towns
On Mon, Aug 25, 2003 at 01:26:22AM -0700, Don Armstrong wrote:
 On Mon, 25 Aug 2003, Andreas Barth wrote:
  So, this license is specific to be used only as part of a product or
  programm. 
 You're missing the key phrase on which Branden's argument (and mine)
 is based on: 'developed by the user'
 
 This phrase read conservatively 

...is not the author's intention, as indicated by second hand reports
of clarifications (BSD, but can't use the original literally) by
the copyright holder, and the copyright holder's (lack of) response to
copious reuse and redistribution.

As far as L/GPL incompatibility is concerned, you'll note that Sun,
the copyright holders, specifically offer Linux systems that include
glibc with GPLed applications, and an LGPLed libc, to their customers.
See http://wwws.sun.com/software/linux/index.html .

If anyone on -legal believes clarifications are necessary or would
be helpful, please feel free to get them from Sun.

Cheers,
aj

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

   ``Is this some kind of psych test?
  Am I getting paid for this?''


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Re: SUN RPC code is DFSG-free

2003-08-26 Thread Anthony Towns
On Mon, Aug 25, 2003 at 11:51:49AM +0100, Andrew Suffield wrote:
 On Mon, Aug 25, 2003 at 04:03:20PM +1000, Anthony Towns wrote:
  Nor is Not being able to change it to look exactly like `solitaire.exe',
  but you can't do that, either. And yet we can still distribute lots of
  things that you can change to look exactly like `solitaire.exe' under
  the terms of the GPL.
 This is essentially false, as Branden has already commented. (Unless
 you happen to live in one of those freaky countries where copyright
 behaves like patents, but I think we'll have to ignore them)

You're wrong, and we'll ignore anywhere where you may be right.

Nice to see we're working towards consensus.

You're invited to demonstrate an instance of someone coming up with the
exact same expression of the exact same copyrightable idea being sued
for copyright infringement and winning on the grounds of independent
reinvention. For bonus points make it an instance where they had access
to the original work.

Personally, I consider the possibility of anyone being able to get away
with a defense of that form exceedinly unlikely.

Cheers,
aj

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

   ``Is this some kind of psych test?
  Am I getting paid for this?''


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Re: A possible GFDL compromise

2003-08-26 Thread Dmitry Borodaenko
On Mon, Aug 25, 2003 at 09:38:01PM -0400, Richard Stallman wrote:
 They cannot make any specific person forget, but they have led most US
 journalists to deny our existence, so that most people never find out
 about us.

I don't know about US, but I know that here in Belarus this problem does
not exist. People who care tend to know about both FSF and OSI and about
their history. People who don't care just use the software and don't pay
attention to underlying philosophy, and no amount of propaganda would
make them care about either FSF or OSI. There's no use in blaming
journalists or OSI for some people's indifference, that's a more
fundamental problem and should be treated as such.

 We need every method of informing them that we can get.

Every? That sounds just like Noble goal justifies vile means. Even if
you don't believe that there is no such Good on Earth that is worth a
single child's teardrop, can you at least agree that _some_ methods are
not worth the goal, and that _some_ cure is worse than the desease?

-- 
Dmitry Borodaenko



Re: Documentation and Sarge's Release Critical Policy

2003-08-26 Thread Branden Robinson
On Tue, Aug 26, 2003 at 05:35:13PM +0200, Jérôme Marant wrote:
 Quoting Nathanael Nerode [EMAIL PROTECTED]:
 
  Jerome Marant, missing the point AGAIN, said:
  ^^^
 
 Considering your attitude, I'm not going to discuss this with you
 any longer. 

It is annoying when people point out your distortions, isn't it?

Makes it considerably more difficult to cheat fair and sqaure.

-- 
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: Bug#181493: Is the Sun RPC License DFSG-free?

2003-08-26 Thread Branden Robinson
On Mon, Aug 25, 2003 at 03:10:35PM -0400, Joe Drew wrote:
 On Mon, 2003-08-25 at 14:26, Branden Robinson wrote:
  On Mon, Aug 25, 2003 at 09:03:13AM -0400, Joe Drew wrote:
   On Sun, 2003-08-24 at 17:03, Branden Robinson wrote:
On Fri, Aug 22, 2003 at 11:39:51AM -0700, Jeff Bailey wrote:
 We also have essentially the same license with ttf-bitstream-vera.

IMO, that isn't Free Software, either.
   
   There are no practical restrictions on its freedom; I fail to see how it
   isn't free software.
  
  Sure there are.  If my neighbor asks me for a copy of it, I burn it to a
  CD-R, and ask him for a quarter to recoup the cost of the blank CD-R,
  I've just violated the license.
 
 That's why you include on the CD the following shell script, echo.sh:
 
 #!/bin/sh
 echo $*
 
 Then you are selling echo.sh plus bitstream vera fonts, which is not a
 violation of the license.

This is not different in principle from requiring me to include a
licensed adjunct piece of code.  What if that adjunct is under the GNU
GPL?  How about the Sun RPC license?  How about the Microsoft EULA?

I stand by my claim that such a requirement is unfree.  I don't
particularly care if you don't feel it's onerous enough to matter.  A
USD 0.0001 tax (one-hundreth of one cent) payable to Bitstream for each
copy of Bitstream Vera so distributed wouldn't be regarded as onerous
by most courts, either.

-- 
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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Bug#181493: Info received (was Bug#181493: SUN RPC code is DFSG-free)

2003-08-26 Thread Debian Bug Tracking System
Thank you for the additional information you have supplied regarding
this problem report.  It has been forwarded to the package maintainer(s)
and to other interested parties to accompany the original report.

Your message has been sent to the package maintainer(s):
 GNU Libc Maintainers debian-glibc@lists.debian.org

If you wish to continue to submit further information on your problem,
please send it to [EMAIL PROTECTED], as before.

Please do not reply to the address at the top of this message,
unless you wish to report a problem with the Bug-tracking system.

Debian bug tracking system administrator
(administrator, Debian Bugs database)



Re: Bug#181493: SUN RPC code is DFSG-free

2003-08-26 Thread Don Armstrong
On Tue, 26 Aug 2003, Anthony Towns wrote:
 On Mon, Aug 25, 2003 at 01:26:22AM -0700, Don Armstrong wrote:
 This phrase read conservatively 
 
 ...is not the author's intention, as indicated by second hand reports
 of clarifications (BSD, but can't use the original literally) by
 the copyright holder, and the copyright holder's (lack of) response
 to copious reuse and redistribution.

It would not surprise me that this was the case. If someone could just
point to a first hand report of such a clarification, or someone who
says that they talked to sun and got it clarified, that would satiate
me about this issue. [We still might be wrong, but at least we've
operatead on good faith.]

 As far as L/GPL incompatibility is concerned, you'll note that Sun,
 the copyright holders, specifically offer Linux systems that include
 glibc with GPLed applications, and an LGPLed libc, to their
 customers. See http://wwws.sun.com/software/linux/index.html .

The inability to distribute it alone doesn't bode well for L/GPL
compatibility. I'm not convinced that Sun's offering of glibc systems
really circumvents the issue, but I presume that someone could make
a convincing argument for it.

 If anyone on -legal believes clarifications are necessary or would be
 helpful, please feel free to get them from Sun.

Perhaps upstream knows better about this issue? Surely the FSF got
clarification from their legal team before including this code?

If their (FSF's) legal team believes there is no problem with the code
being under L/GPL (ie, they've made changes to it or got
clarification) then we should be able to ignore the SunRPC license and
just proceed as if it were totally L/GPL. (Heh. I've totally forgotten
what license this part of glibc even has!)


Don Armstrong

-- 
A one-question geek test. If you get the joke, you're a geek: Seen on
a California license plate on a VW Beetle: 'FEATURE'...
 -- Joshua D. Wachs - Natural Intelligence, Inc.

http://www.donarmstrong.com
http://www.anylevel.com
http://rzlab.ucr.edu


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Re: A possible GFDL compromise

2003-08-26 Thread Branden Robinson
On Tue, Aug 26, 2003 at 08:21:43PM +0300, Dmitry Borodaenko wrote:
 Every? That sounds just like Noble goal justifies vile means. Even if
 you don't believe that there is no such Good on Earth that is worth a
 single child's teardrop, can you at least agree that _some_ methods are
 not worth the goal, and that _some_ cure is worse than the desease?

There's no point in asking that question.  People seldom come to doubt their
own means retrospectively.

-- 
G. Branden Robinson| That's the saving grace of humor:
Debian GNU/Linux   | if you fail, no one is laughing at
[EMAIL PROTECTED] | you.
http://people.debian.org/~branden/ | -- A. Whitney Brown


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Re: A possible GFDL compromise

2003-08-26 Thread Branden Robinson
On Tue, Aug 26, 2003 at 11:26:57AM +0200, Sergey Spiridonov wrote:
 What about DFSG FAQ draft? Do you think this can be applied to FDL 
 documentation?
 
 # Q: Does whether some software is free depend solely on its license?
 
 A: Almost always, but there are rare exceptions. When necessary we take 
 other considerations into account. So two packages with the same license 
 could be judged differently based on extra-license comments the 
 copyright holder has made regarding intent or interpretation, or based 
 on how the contents of the package interact with license stipulations.

I suggest:

s/Almost always/Usually/
s/rare //

Perhaps my perception of the frequency of exceptional cases is distorted
by the fact that I subscribe to debian-legal, though.  :)

-- 
G. Branden Robinson| You could wire up a dead rat to a
Debian GNU/Linux   | DIMM socket and the PC BIOS memory
[EMAIL PROTECTED] | test would pass it just fine.
http://people.debian.org/~branden/ | -- Ethan Benson


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Re: SUN RPC code is DFSG-free

2003-08-26 Thread Branden Robinson
On Tue, Aug 26, 2003 at 07:10:46PM +1000, Anthony Towns wrote:
 You're invited to demonstrate an instance of someone coming up with the
 exact same expression of the exact same copyrightable idea being sued
 for copyright infringement and winning on the grounds of independent
 reinvention. For bonus points make it an instance where they had access
 to the original work.

This is not a fair request, at least within the U.S., because such cases
will tend to get settled out-of-court with a gag order on the parties
forbidding disclosure of the terms of the settlement.

For example, it is at least plausible that this maybe been the case in
the USL v. BSDI (a.k.a. ATT v. UCB) lawsuit.  We still don't know what
was admitted to by whom under that settlement.

Computer source code, because of its formal nature, is particularly
*likely*, in fact, to lead to such instances that you ridicule as
vanishingly unlikely.

 Personally, I consider the possibility of anyone being able to get away
 with a defense of that form exceedinly unlikely.

Ah, the argument from personal incredulity.


-- 
G. Branden Robinson| It just seems to me that you are
Debian GNU/Linux   | willfully entering an arse-kicking
[EMAIL PROTECTED] | contest with a monstrous entity
http://people.debian.org/~branden/ | that has sixteen legs and no arse.


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Re: Freaky copyright laws [was: SUN RPC code is DFSG-free]

2003-08-26 Thread Branden Robinson
On Tue, Aug 26, 2003 at 02:05:54AM +0200, Wouter Verhelst wrote:
 * Copyright requires the protected subject to be original.

I think that principle is unique to the U.S.; in fact, that's the whole
*point* of this subthread!

-- 
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: Bug#181493: SUN RPC code is DFSG-free

2003-08-26 Thread Branden Robinson
On Tue, Aug 26, 2003 at 07:16:34PM +1000, Anthony Towns wrote:
 On Mon, Aug 25, 2003 at 01:26:22AM -0700, Don Armstrong wrote:
  On Mon, 25 Aug 2003, Andreas Barth wrote:
   So, this license is specific to be used only as part of a product or
   programm. 
  You're missing the key phrase on which Branden's argument (and mine)
  is based on: 'developed by the user'
  
  This phrase read conservatively 
 
 ...is not the author's intention, as indicated by second hand reports
 of clarifications (BSD, but can't use the original literally) by
 the copyright holder, and the copyright holder's (lack of) response to
 copious reuse and redistribution.
[...]
 If anyone on -legal believes clarifications are necessary or would
 be helpful, please feel free to get them from Sun.

You ground your argument on second hand reports of clarifications in
the first quoted paragraph, but then expect debian-legal to furnish
first-hand clarifications?

Well, I haven't heard of any such clarification being made, so we're
down to the credibility of the claimants.

Who has asserted to you the existence of these clarifications?  Have
these people any stake in the existence of such claims?

The Sun RPC fails the DFSG on its face.  The burden of proof is on those
who claim it's been clarified to come up with evidence of such.

This is the converse of the old UWash Pine license issue, where UWash
took a license that was DFSG-free on its face and interpreted it in a
non-free way.

-- 
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: Is the Sun RPC License DFSG-free?

2003-08-26 Thread Brian T. Sniffen
Branden Robinson [EMAIL PROTECTED] writes:

 On Fri, Aug 22, 2003 at 02:05:57PM -0400, Brian T. Sniffen wrote:
 Sun has repeatedly clarified elsewhere that the intent of this is
 essentially MIT/X11, except you may not distribute this product
 alone.

 Got any citations?

 The license certainly doesn't *read* like MIT/X11, except you may not
 distribute this product alone.

Sadly, I have no citation.  It came up in the context of proprietary
software developed with Sun RPC code, and I no longer have access to
the e-mail thread.

-Brian

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



Re: Documentation and Sarge's Release Critical Policy

2003-08-26 Thread Jérôme Marant
Quoting Steve Langasek [EMAIL PROTECTED]:

  If they'd be out of the scope of DFSG, why would we care of them being
  there or not? I see nothing wrong in distributing Free Software
  advocacy.
 
 If we distribute it, it is currently not out of the scope of the DFSG.
 If you have a problem with this, write a GR -- but stop with the
 pointless grandstanding.

Software in Debian is 100% free. It doesn't prevent Debian to
distribute something else than software.

 Oh, and where the GFDL is concerned, what you apparently mean to say is,
 I see nothing wrong with requiring all distributors to also
 distribute Free Software advocacy.  I do: it's a restriction on
 freedom.

Free software is based on restrictions because they are needed to
guaranty freedom. Free software obliges me to publish the source
code with binaries. So, if I understand correctly, I'm not free
to do what I want with my source?
Free software advocacy is such a restriction I do consider as
acceptable.

   that a verbatim copying only license is Free?)
 
  I claim that a speech is not software documentation and shall not be
  considered as such. You shall not modify someone speech, you shall
  not cut some part of someone's speech and tell everyone that you
  wrote it, and so on.
  There are limits everywhere in everyone's freedom.
 
 We shall not distribute it.

This is an extreme vision of freedom I do not share.

-- 
Jérôme Marant



Re: Documentation and Sarge's Release Critical Policy

2003-08-26 Thread Jérôme Marant
Quoting Branden Robinson [EMAIL PROTECTED]:

 On Tue, Aug 26, 2003 at 05:35:13PM +0200, Jérôme Marant wrote:
  Quoting Nathanael Nerode [EMAIL PROTECTED]:
  
   Jerome Marant, missing the point AGAIN, said:
   ^^^
  
  Considering your attitude, I'm not going to discuss this with you
  any longer. 
 
 It is annoying when people point out your distortions, isn't it?

Does it make you happy this time? kinda revenge? Sorta punishment
after my small joke?

 Makes it considerably more difficult to cheat fair and sqaure.

Not at all. I don't care being wrong. I just request being respected
within a serious discussion. Is it too much to ask?

-- 
Jérôme Marant



Re: SUN RPC code is DFSG-free

2003-08-26 Thread Edmund GRIMLEY EVANS
Anthony Towns aj@azure.humbug.org.au:

 You're invited to demonstrate an instance of someone coming up with the
 exact same expression of the exact same copyrightable idea being sued
 for copyright infringement and winning on the grounds of independent
 reinvention. For bonus points make it an instance where they had access
 to the original work.

Different people independently coming up with the same expression
would perhaps be evidence for there being insufficient originality for
there to be any copyright in the work.

A case where this might arise would be translations of a short poem. A
translation of a haiku would normally be covered by copyright, but it
is not inconceivable that two people could independently come up with
identical translations of the same haiku, particularly if both people
do a dozen versions each.



Re: Decision GFDL

2003-08-26 Thread Branden Robinson
On Tue, Aug 26, 2003 at 08:48:17PM +0200, Wouter Vanden Hove wrote:
 Where can I find the actual Debian-decision on the GNU Free
 Documentation License?

There has been no formal statement issued by the developers, but Debian
seldom bothers with such things.  We go years without issuing
non-technical position statements under clause 4.1.5 of our Consitution,
and most of the time our license DFSG-analysis process is relatively
uncontentious.

However, a convenient way to gauge consensus on the issue can be found
by reading the following thread:

http://lists.debian.org/debian-legal/2003/debian-legal-200308/msg01031.html

As noted in the following message:

http://lists.debian.org/debian-legal/2003/debian-legal-200308/msg01214.html

I will be tallying results sometime on or about Thursday, 28 August.

Whether or not the rest of the Debian Project agrees to whatever
consensus this survey establishes, I cannot say.  If that particular
issue[1] remains divisive even afterwards, we may require a General
Resolution to settle it.

[1] not to be confused with should we apply the DFSG to the GNU FDL *at
all*?

-- 
G. Branden Robinson| It just seems to me that you are
Debian GNU/Linux   | willfully entering an arse-kicking
[EMAIL PROTECTED] | contest with a monstrous entity
http://people.debian.org/~branden/ | that has sixteen legs and no arse.


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Re: Documentation and Sarge's Release Critical Policy

2003-08-26 Thread Joe Wreschnig
On Tue, 2003-08-26 at 16:28, Jérôme Marant wrote:
 Quoting Steve Langasek [EMAIL PROTECTED]:
 
   If they'd be out of the scope of DFSG, why would we care of them being
   there or not? I see nothing wrong in distributing Free Software
   advocacy.
  
  If we distribute it, it is currently not out of the scope of the DFSG.
  If you have a problem with this, write a GR -- but stop with the
  pointless grandstanding.
 
 Software in Debian is 100% free. It doesn't prevent Debian to
 distribute something else than software.

The social contract says Debian will remain 100% free software. Not that
Debian's software will remain 100% free. Bruce Perens has already
stepped up to clarify that this is in fact the intent of the DFSG - that
it applies to *everything* in Debian.

If you think that Debian's software should remain 100% free, but
Debian's non-software, if such a thing exists, does not need to be free,
then propose a GR. debian-legal is not the place to propose GRs.

  Oh, and where the GFDL is concerned, what you apparently mean to say is,
  I see nothing wrong with requiring all distributors to also
  distribute Free Software advocacy.  I do: it's a restriction on
  freedom.
 
 Free software is based on restrictions because they are needed to
 guaranty freedom. Free software obliges me to publish the source
 code with binaries. So, if I understand correctly, I'm not free
 to do what I want with my source?

You are free to do whatever you want with *your* source, just not
someone else's source.

In situations where you are dealing with someone else's source, the GPL
restricts you only insofar as it makes you give everyone else the same
rights you had. The GFDL does not do this, because you can add invariant
sections, and take away others' rights.

 Free software advocacy is such a restriction I do consider as
 acceptable.

There are many things in this world more important, I think, than free
software. Many people would agree with me about most of then (ending war
and hunger, providing universal education, an end to racism, and so on).
If we consider free software advocacy an acceptable restriction because
we believe free software to be important, do we also accept advocacy for
all of these as acceptable restrictions?

What about anti-nuclear power advocacy? What about pro-racism advocacy?

The GFDL's invariant sections are not restricted to things you agree
with. If a useful program's GFDLd manual has an invariant pro-racism
diatribe in it, will you distribute the manual?

What if it has a pro-proprietary software diatribe?

that a verbatim copying only license is Free?)
  
   I claim that a speech is not software documentation and shall not be
   considered as such. You shall not modify someone speech, you shall
   not cut some part of someone's speech and tell everyone that you
   wrote it, and so on.
   There are limits everywhere in everyone's freedom.
  
  We shall not distribute it.
 
 This is an extreme vision of freedom I do not share.

So Debian doesn't have the freedom to *not* distribute GNU manuals? This
makes no sense.
-- 
Joe Wreschnig [EMAIL PROTECTED]


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Re: Decision GFDL

2003-08-26 Thread Adam Warner
On Wed, 2003-08-27 at 06:48, Wouter Vanden Hove wrote:
 Hi, 
 Where can I find the actual Debian-decision on the GNU Free
 Documentation License?

Wouter, it is my understanding that Debian interprets the Social
Contract and the Free Software Guidelines based upon consensus that
develops upon debian-legal. This process should not be confused with
100% agreement. Over time a position may become clear as it has in
relation to the GNU FDL.

You should not expect an actual Debian-decision unless the consensus
interpretation is challenged by proposing, seconding and voting upon a
General Resolution to change the Social Contract/Free Software
Guidelines.

Right now there are implementation issues related to removing GFDL
software from Debian and a claim that some members of the Free Software
Foundation has asked for more time to make the GFDL a free software
licence. Richard Stallman has recently stated on this list that one of
the major issues--invariance--is not negotiable. It is possible (but 
unlikely) that Stallman's dictates could be challenged within the Free
Software Foundation.

I also see a wider context to this issue. The Debian project is now a
very influential organisation and recent events indicate that Richard
Stallman would like to undermine its influence. Even though Richard
Stallman is in the process of becoming a Debian developer he recently
denigrated Debian:
http://www.ofb.biz/modules.php?name=Newsfile=articlesid=260

RMS: When I recommend a GNU/Linux distribution, I choose based on
ethical considerations. Today I would recommend GNU/LinEx, the
distribution prepared by the government of Extremadura, because that's
the only installable distribution that consists entirely of free
software. If I knew of more than one such distribution, I would choose
between them based on practical considerations. 

TRB: What about Debian GNU/Linux, which by default does not install any
non-free software?

RMS: Non-free programs are not officially considered part of Debian,
but Debian does distribute them. The Debian web site describes non-free
programs, and their ftp server distributes them. That's why we don't
have links to their site on www.gnu.org.

[For a while this was patently false:
http://www.gnu.org/links/links.html
It is truly extraordinary but the link to Debian GNU/Linux has been
removed! Updated:  $Date: 2003/08/18 21:42:23 $ $Author: rms $. The
same version is now in Google's cache. Still around 100 links to go (but
I'm pretty sure there were a lot more when I last checked):
http://www.google.com/search?q=site%3Awww.gnu.org+%22debian.org%22]

GNU/LinEx is better because it does not distribute or recommend those
programs.

TRB: How about distributions, such as Mandrake or Red Hat, that keep
non-free software out of their downloadable versions all together?

RMS: I would not rely on that, because I know they have not been very
careful in checking whether packages really are free. 

TRB: Does your desktop run GNU/Linux, and if so, do you run GNU/LinEx
or some other distribution?

RMS: I travel most of the time, so I don't have a desktop machine, only
a laptop. It runs Debian GNU/Linux, which was the best distribution in
terms of respecting freedom as of the time we set up the machine. (The
availability of GNU/LinEx is a recent development.) 

TRB: Has the Free Software Foundation ever considered publishing a
complete GNU/Linux distribution?

RMS: We sponsored the development of Debian GNU/Linux back in 1994. 

TRB: Especially with the selection of truly free distributions being
somewhat lacking, why did the Foundation get out of the distribution
development business?

RMS: My thinking was that if we made our own modified version of Debian
it would not get much usage, and that developing an entirely new
distribution would be a lot of work and only worth doing with the Hurd. 

...

===

Please note that Debian's decision making about the GNU FDL is
definitely not based upon petty personality issues. The consensus
process literally took years. It is a quality, reasoned consensus that
respects Debian's social contract and the DFSG, and overturning it would
require an amendment to Debian's founding principles.

Regards,
Adam



Re: Documentation and Sarge's Release Critical Policy

2003-08-26 Thread MJ Ray
On 2003-08-26 22:28:45 +0100 Jérôme Marant [EMAIL PROTECTED] wrote:
 Software in Debian is 100% free. It doesn't prevent Debian to
 distribute something else than software.

Are you deliberately misreading that?  Here's the top levels of phrase 
structure for you: ((Debian) (is) (100% (free software))).   That view has been 
endorsed many times on this list and elsewhere, if you cared to research.  It 
looks like you need to change the SC if you want Debian to distribute things 
that cannot be considered free software.  Feel free to bring drafts to this 
list or -project.

-- 
MJR/slef   My Opinion Only and possibly not of any group I know.



Re: Decision GFDL

2003-08-26 Thread MJ Ray
On 2003-08-26 19:48:17 +0100 Wouter Vanden Hove 
[EMAIL PROTECTED] wrote:

Hi, Where can I find the actual Debian-decision on the GNU Free
Documentation License?


Inside the skulls of ftpmasters and release managers.  Wrap up well, 
as there's no telling what else is lurking in there.  It ain't called 
grey matter for nothing.




Re: SURVEY: Is the GNU FDL a DFSG-free license?

2003-08-26 Thread Jeremy Malcolm
-BEGIN PGP SIGNED MESSAGE-

On Thu, 21 Aug 2003 05:15:10 +, Branden Robinson wrote:

 === CUT HERE ===
 
 Part 1. DFSG-freeness of the GNU Free Documentation License 1.2
 
   Please mark with an X the item that most closely approximates your
   opinion.  Mark only one.
 
   [   ]  The GNU Free Documentation License, version 1.2, as published
  by the Free Software Foundation, is not a license compatible
  with the Debian Free Software Guidelines.  Works under this
  license would require significant additional permission
  statements from the copyright holder(s) for a work under this
  license to be considered Free Software and thus eligible for
  inclusion in the Debian OS.
 
   [   ]  The GNU Free Documentation License, version 1.2, as published
  by the Free Software Foundation, is a license compatible
  with the Debian Free Software Guidelines.  In general, works
  under this license would require no additional permission
  statements from the copyright holder(s) for a work under this
  license to be considered Free Software and thus eligible for
  inclusion in the Debian OS.
 
   [ X ]  The GNU Free Documentation License, version 1.2, as published
  by the Free Software Foundation, can be a license compatible
  with the Debian Free Software Guidelines, but only if certain
  restrictions stated in the license are not exercised by the
  copyright holder with respect to a given work.  Works under
  this license will have to be scrutinized on a case-by-case
  basis for us to determine whether the work can be be considered
  Free Software and thus eligible for inclusion in the Debian OS.
 
   [   ]  None of the above statements approximates my opinion.
 
 Part 2. Status of Respondent
 
   Please mark with an X the following item only if it is true.
 
   [ X ]  I am a Debian Developer as described in the Debian
  Constitution as of the date on this survey.
 
 === CUT HERE ===

- -- 
JEREMY MALCOLM [EMAIL PROTECTED] Personal: http://www.malcolm.id.au
Providing online networks of Australian lawyers (http://www.ilaw.com.au)
and Linux experts (http://www.linuxconsultants.com.au) for instant help!
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Re: Demonstrations against Software Patents in Brussels, 27aug: Debian help?

2003-08-26 Thread Jordi Mallach
On Sun, Aug 24, 2003 at 02:24:55AM +0200, Henrion Benjamin wrote:
 I'm just forwading you the annoucement of the demo, but I would like to
 know if webmasters of www.debian.org can consider to participate to the
 online demonstration (see http://wiki.ael.be/index.php/BigDemo27aug and
 http://swpat.ffii.org/group/demo/index.en.html, and my homepage for more
 infos on the online demonstration)?

So, it's already August 27th. I'd very much like to see Debian
supporting this campaign. We're probably in the last days of patent-free
Europe :(

Other major Free Software projects like KDE, GIMP.org and GNOME have
already changed their frontpages or will do in the next hours.

Jordi
-- 
Jordi Mallach Pérez  --  Debian developer http://www.debian.org/
[EMAIL PROTECTED] [EMAIL PROTECTED] http://www.sindominio.net/
GnuPG public key information available at http://oskuro.net/~jordi/


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Re: Documentation and Sarge's Release Critical Policy

2003-08-26 Thread Mark Rafn

 Quoting Steve Langasek [EMAIL PROTECTED]:
  If we distribute it, it is currently not out of the scope of the DFSG.
  If you have a problem with this, write a GR -- but stop with the
  pointless grandstanding.

On Tue, 26 Aug 2003, Jérôme Marant wrote:
 Software in Debian is 100% free.

That's incorrect.  Debian is 100% Free Software.  You can read this as 
(100% Free) Software or as 100% (Free Software), but either way, debian 
doesn't include non-free non-software.

 It doesn't prevent Debian to
 distribute something else than software.

True.  We have non-free for just such a reason.  The social contract DOES
prevent such things (non-free stuff and non-software stuff) being part of
Debian.  If it's not free software, it's not debian.

Personally, I consider electronic documents to be a subset of software, 
so non-free is sufficient to hold GFDL documents.  If you'd rather 
introduce a non-software archive, feel free to propose it.

 This is an extreme vision of freedom I do not share.

This is a rational vision of freedom which I do share. 
--
Mark Rafn[EMAIL PROTECTED]http://www.dagon.net/  



Re: SUN RPC code is DFSG-free

2003-08-26 Thread Steve Langasek
On Tue, Aug 26, 2003 at 09:36:13PM +0100, Andrew Suffield wrote:
 On Tue, Aug 26, 2003 at 07:10:46PM +1000, Anthony Towns wrote:
  On Mon, Aug 25, 2003 at 11:51:49AM +0100, Andrew Suffield wrote:
   On Mon, Aug 25, 2003 at 04:03:20PM +1000, Anthony Towns wrote:
Nor is Not being able to change it to look exactly like 
`solitaire.exe',
but you can't do that, either. And yet we can still distribute lots of
things that you can change to look exactly like `solitaire.exe' under
the terms of the GPL.
   This is essentially false, as Branden has already commented. (Unless
   you happen to live in one of those freaky countries where copyright
   behaves like patents, but I think we'll have to ignore them)
  
  You're wrong, and we'll ignore anywhere where you may be right.

  Nice to see we're working towards consensus.

 You have founded your argument upon laws which are inimical to
 copyleft licenses, and which do not apply throughout the US or EU -
 and which we still haven't seen any concrete examples of.

 I can't rebut this any more than I can rebut an argument that says
 But if local law prohibits commercial use of software, then
 non-commercial-use-only clauses do not add any extra restrictions and
 are therefore both DFSG-free and compatible with the GPL.

  You're invited to demonstrate an instance of someone coming up with the
  exact same expression of the exact same copyrightable idea being sued
  for copyright infringement and winning on the grounds of independent
  reinvention. For bonus points make it an instance where they had access
  to the original work.

 I'll have to pass on this one, as I've never heard of anybody being
 sued for this at all, but I counter-invite you to come up with an
 example of anybody coming up with the same expression of the same
 copyrightable idea being sued for copyright infringement and
 *losing*. I don't think any case law exists (or ever will exist) on
 the subject, so we'll have to work with the statutes - which, at least
 in the US and EU, are fairly clear that independant innovation is a
 valid way to avoid copyright issues.

 Furthermore, I invite you to find a country where laws which support
 your position actually exist. Otherwise we'll have to dismiss your
 argument as handwaving.

More handwaving, for your entertainment:

The set of all possible relevant legal statuses of the Sun RPC code is
as follows:

{
  The Sun RPC code is not an independent, copyrightable work in its own
  right, or does not enjoy copyrighted status.,

  The Sun RPC code is an independent, copyrightable work in its own
  right, and enjoys a copyrighted status.
}

If the code does not contain sufficient original expression that it
would be copyrightable, then the Sun RPC license does not matter; no one
is bound by it, and it can simply be ignored.

If the code is copyrighted, then we must consider the case of someone
incorporating the Sun RPC code into a work and distributing it to a
second person, who subsequently refines this work to create yet another
work which happens to be identical to the original Sun RPC code.  In
such a case, there are two possible interpretations under copyright that
must be considered:

{
  Provably independent creation of a work identical to another,
  pre-existing work that enjoys copyright status is not an infringement
  of the first work's copyright.,

  Creation of an identical work, even if provably independent (no
  copying took place from the original work), still infringes the
  copyright of the earlier work.
}

In the first case, the original terms of the Sun RPC code no longer
matter.  So long as we have no intention of taking the original Sun RPC
code and distributing it independently (I imagine we don't have a copy
to do so with even if we wished), we can do anything we want to with the
code, because it has been successfully laundered by passing through
glibc as permitted by the original license.

In the second case, we would have to consider the language of the GPL,
which says:

  These requirements apply to the modified work as a whole.  If
  identifiable sections of that work are not derived from the Program,
  and can be reasonably considered independent and separate works in
  themselves, then this License, and its terms, do not apply to those
  sections when you distribute them as separate works.  But when you
  distribute the same sections as part of a whole which is a work based
  on the Program, the distribution of the whole must be on the terms of
  this License, whose permissions for other licensees extend to the
  entire whole, and thus to each and every part regardless of who wrote 
  it.

  Thus, it is not the intent of this section to claim rights or contest
  your rights to work written entirely by you; rather, the intent is to
  exercise the right to control the distribution of derivative or
  collective works based on the Program.

Under a regime where independent creation of a given expression is a

Re: Documentation and Sarge's Release Critical Policy

2003-08-26 Thread Manoj Srivastava
On Tue, 26 Aug 2003 23:37:46 +0200, Jérôme Marant [EMAIL PROTECTED] said: 

 Quoting Branden Robinson [EMAIL PROTECTED]:
 On Tue, Aug 26, 2003 at 05:35:13PM +0200, Jérôme Marant wrote:
  Quoting Nathanael Nerode [EMAIL PROTECTED]:
 
   Jerome Marant, missing the point AGAIN, said:
   ^^^
 
  Considering your attitude, I'm not going to discuss this with you
  any longer.

 It is annoying when people point out your distortions, isn't it?

 Does it make you happy this time? kinda revenge? Sorta punishment
 after my small joke?

 Makes it considerably more difficult to cheat fair and sqaure.

 Not at all. I don't care being wrong. I just request being respected
 within a serious discussion. Is it too much to ask?

Oh, the irony. You want to be respected by tohse you call
 zealots and bigots?

manoj
-- 
lisp, v.: To call a spade a thpade.
Manoj Srivastava   [EMAIL PROTECTED]  http://www.debian.org/%7Esrivasta/
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