Re: crypto in non-free

2004-02-02 Thread Ben Reser
On Sun, Feb 01, 2004 at 10:14:30PM +, Brian M. Carlson wrote:
 non-US/non-free. crypto-in-main is crypto-in-*main*, not
 crypto-in-non-free. That's part of the reason why we still have non-US.
 This is due to some restrictions with the definition of public domain
 that the government uses for BXA licenses; they don't care if it has a
 copyright (which isn't really public domain) but it can't have a patent
 or usage restrictions. You may have some trouble uploading, though;
 klecker doesn't seem to be responding, at least to me.

I'd be interested in knowing where you got this idea?

The TSU license exception is defined in §740.13 of the EAR which
references §734.3(b)(3) and further references §734.7 and §734.10 which
does not use the term public domain.  Nor does it require that the
software not have usage restrictions on it.  The standard used is that
the technology (not necessarily the source code) is publically
available.

In fact it specificaly mentions information published in patent
applications (provided it follows some certain rules).  Essentially the
patent has to be a applied for by a foreigner inventor, or filed in a
foreign patent by a US inventor.  It's difficult to ensure that a crypto
tool qualifies under the patent exception because it requires some foot
work tracking down the origin of the technology and possibly foreign
patents.

However, the existence of a patent does not disqualify the license
exception.  It's simply one of the possible methods of qualifying for
it.

You can read them here:
http://w3.access.gpo.gov/bis/ear/ear_data.html

Everything Debian distributes in main would qualify for the TSU
exception because the DFSG is a subset of the EAR definition of
publically available.

The problem with non-free is that some things in it may not meet the
definition of publically available.  For instance a tool that didn't
include the source code would not qualify, even if the binaries are
freely distributable.

IANAL, TINLA.

-- 
Ben Reser [EMAIL PROTECTED]
http://ben.reser.org

Conscience is the inner voice which warns us somebody may be looking.
- H.L. Mencken



Re: Revised JasPer License

2004-02-02 Thread Bernhard R. Link
* Nathanael Nerode [EMAIL PROTECTED] [040201 22:28]:
 It would still be better if the disclaimer disclaimed implied warranties only 
 to, say, the fullest extent permitted by law.  :-)  This presumably isn't 
 strictly necessary, because the usual interpretation of illegal warranty 
 disclaimers seems to be that the rest of the license remains valid.  But it's 
 safer, especially because of the line NO USE OF THE SOFTWARE IS AUTHORIZED 
 HEREUNDER EXCEPT UNDER THIS DISCLAIMER, which read strictly would indicate 
 that if any part of the warranty disclaimer was found invalid, the Software 
 couldn't be used in that jurisdiction.

Well, I don't know other jurisdictions, but in Germany something like
as permitted by law is automatically moot, and so is the line you
quoted, as I was told... (Or the line may be intact but a empty
condition as the disclaimer is empty, don't know how they make it..)

Hochachtungsvoll,
  Bernhard R. Link

-- 
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an editor and a MTA.



Re: crypto in non-free

2004-02-02 Thread Brian M. Carlson
On Sun, Feb 01, 2004 at 10:47:45PM -0800, Ben Reser wrote:
 On Sun, Feb 01, 2004 at 10:14:30PM +, Brian M. Carlson wrote:
  non-US/non-free. crypto-in-main is crypto-in-*main*, not
  crypto-in-non-free. That's part of the reason why we still have non-US.
  This is due to some restrictions with the definition of public domain
  that the government uses for BXA licenses; they don't care if it has a
  copyright (which isn't really public domain) but it can't have a patent
  or usage restrictions. You may have some trouble uploading, though;
  klecker doesn't seem to be responding, at least to me.
 
 I'd be interested in knowing where you got this idea?

Thanks for correcting me. The TSU exception came from memory; even
though I write crypto software all the time, it's always free, and so I
never have to worry about the specifics.

-- 
Brian M. Carlson [EMAIL PROTECTED] 0x560553e7


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Re: XFree86 license difficulties

2004-02-02 Thread paul cannon
On 2004-01-31 14:01:42 + MJ Ray [EMAIL PROTECTED] wrote:
 On 2004-01-30 19:31:44 + paul cannon [EMAIL PROTECTED] wrote:
  If XFree86 does not consider linking to create a derived work which
  must carry the same restrictions as those in the library, then it
  does not seem there is a problem; an application linking against Qt
  and Xlib could be solely under the GPL. Or am I off my rocker here? 

 Does XFree86 have some extensions that they developed? If so, how can
 it not be a derived work if you use those XFree86 extensions? It would
 be a mess, looking at each application.

Please correct me if I'm wrong, but I understood that the FSF's opinion
on this is not universal. That is, it is not an irrational view that
dynamically linking to a library is only _using_ that library, not
creating a derived work from it.

It seems to me rather like using a command line utility in a script. One
might make wide use of GNU grep extensively in a proprietary program,
for example, and do so without affecting or worrying about the license
on grep at all.

As another example, a command line program could wrap the functionality
of nearly all libraries. If someone didn't want to link a program with
libcurl, one would simply invoke /usr/bin/curl and get much of the same
functionality. Should these be different actions from a licensing
standpoint?

As always, let me know if I seem to be on crack.

-- 
paul cannon
[EMAIL PROTECTED]



Re: XFree86 license difficulties

2004-02-02 Thread Brian Thomas Sniffen
paul cannon [EMAIL PROTECTED] writes:

 The opinion of the XFree86 project is irrelevant. It is the licenses
 on GPLed works that would be violated, not the license on XFree86, so
 it's the interpretation of the authors of the GPLed works that counts.

 I don't quite see how this is so. If the XFree86 Project were to say-
 theoretically- something like linking dynamically to an XFree86 library
 does not constitute a derived work for the purposes of the XFree86
 license then Qt (e.g.) could be dynamically linked to Xlib and be
 legally distributed under the terms of the GPL. The GPL is satisfied,
 since the linked product could be distributed under the exact terms of
 the GPL, and the XFree86 license is also satisfied, since they wouldn't
 claim any copyright over the linked product.

But the XF86 project would still claim copyright on some components of
that linked work, and its license is GPL-incompatible.  So the
combination is not GPL-compatible.  If you could find a way to
distribute the linkage alone -- the combination without the components
-- I suppose your argument would work, but I don't think that's
possible or useful.

 Is there a legal precedent or doctrine specifically stating that linking
 dynamically against a library produces a derived work? I have seen that
 the FSF claims this is so, and so it makes sense to apply their rule to
 products linked with GPL'd works, but it doesn't make sense to me that
 such thinking should be universally applied (the library is only being
 used or accessed, not necessarily being modified or distributed).

It is being distributed by Debian along with the work linking to it.
The FSF's argument may be weak elsewhere, but it's quite strong in the
case of an OS vendor distributing GPL'd works with shared libraries.

-Brian

-- 
Brian Sniffen   [EMAIL PROTECTED]



Re: XFree86 license difficulties

2004-02-02 Thread Måns Rullgård
paul cannon [EMAIL PROTECTED] writes:

 On 2004-01-31 14:01:42 + MJ Ray [EMAIL PROTECTED] wrote:
 On 2004-01-30 19:31:44 + paul cannon [EMAIL PROTECTED] wrote:
  If XFree86 does not consider linking to create a derived work which
  must carry the same restrictions as those in the library, then it
  does not seem there is a problem; an application linking against Qt
  and Xlib could be solely under the GPL. Or am I off my rocker here? 

 Does XFree86 have some extensions that they developed? If so, how can
 it not be a derived work if you use those XFree86 extensions? It would
 be a mess, looking at each application.

 Please correct me if I'm wrong, but I understood that the FSF's opinion
 on this is not universal.

You are definitely not wrong.  It's just the Debian folks that believe
the faintest whisper from the FSF as were it the word of God.

 That is, it is not an irrational view that dynamically linking to a
 library is only _using_ that library, not creating a derived work
 from it.

 It seems to me rather like using a command line utility in a script. One
 might make wide use of GNU grep extensively in a proprietary program,
 for example, and do so without affecting or worrying about the license
 on grep at all.

 As another example, a command line program could wrap the functionality
 of nearly all libraries. If someone didn't want to link a program with
 libcurl, one would simply invoke /usr/bin/curl and get much of the same
 functionality. Should these be different actions from a licensing
 standpoint?

Good point.

 As always, let me know if I seem to be on crack.

You seem to be unusually sane for this list.

-- 
Måns Rullgård
[EMAIL PROTECTED]



Re: XFree86 license difficulties

2004-02-02 Thread Don Armstrong
On Mon, 02 Feb 2004, paul cannon wrote:
 Please correct me if I'm wrong, but I understood that the FSF's
 opinion on this is not universal. That is, it is not an irrational
 view that dynamically linking to a library is only _using_ that
 library, not creating a derived work from it.

Considering the fact that the FSF is one of the individuals who owns
the copyrights to many GPLed works and actually has the resources and
personnel to actively protect those copyrights, their opinion has a
great weight in this matter. [Not to mention the fact that the FSF
interprets the GPL on a daily basis, and is generally considered to
have the canonical interpretation.]

Obviously, you can differ from their opinion, but unless you're
willing to back up you're opinion with resources of your own, the
conservative tack is to give credence to the copyright holder's
interpretation.

Anything else (especially in matters where the outcome is unclear) is
asking for trouble.


Don Armstrong

-- 
I was thinking seven figures, he said, but I would have taken a
hundred grand. I'm not a greedy person. [All for a moldy bottle of
tropicana.]
 -- Sammi Hadzovic [in Andy Newman's 2003/02/14 NYT article.]
 http://www.nytimes.com/2003/02/14/nyregion/14EYEB.html

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Re: XFree86 license difficulties

2004-02-02 Thread Don Armstrong
On Mon, 02 Feb 2004, Måns Rullgård wrote:
 It's just the Debian folks that believe the faintest whisper from
 the FSF as were it the word of God.

You must have slept through the GFDL discussions then.


Don Armstrong

-- 
The sheer ponderousness of the panel's opinion ... refutes its thesis
far more convincingly than anything I might say. The panel's labored
effort to smother the Second Amendment by sheer body weight has all
the grace of a sumo wrestler trying to kill a rattlesnake by sitting
on it--and is just as likely to succeed.
 -- Alex Kozinski in Silveira V Lockyer

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Re: Revised JasPer License

2004-02-02 Thread Nathanael Nerode
Walter Landry wrote:
Andrew Suffield [EMAIL PROTECTED] wrote:
 On Sat, Jan 31, 2004 at 06:40:59PM -0800, Michael Adams wrote:
  Permission is hereby granted, free of charge, to any person (the User)
  obtaining a copy of this software and associated documentation files (the
  Software), to deal in the Software without restriction, including 
without
  limitation the rights to use, copy, modify, merge, publish, distribute, 
and/or
  sell copies of the Software, and to permit persons to whom the Software 
is
  furnished to do so, subject to the following conditions:
 
 Nearly there, but let's get distribute modified versions in here
 while we're at it.

I wouldn't say that is strictly necessary, though it is nice.  The
and/or clause covers it well enough, and is similar to many things
in Debian already.  If we worried about something like Pine happening
again, Debian would have to get rid of a lot of software.

I agree that it isn't strictly necessary, especially given the clause deal in 
the Software without restriction, which is pretty vague and broad (and 
appears intended to cover anything not explicitly listed).



Re: XFree86 license difficulties

2004-02-02 Thread MJ Ray

On 2004-02-02 20:11:45 + paul cannon [EMAIL PROTECTED] wrote:

Please correct me if I'm wrong, but I understood that the FSF's 
opinion

on this is not universal. That is, it is not an irrational view that
dynamically linking to a library is only _using_ that library, not
creating a derived work from it.


Some works with copyright held by FSF are affected by this, so their 
published opinion probably would count.


However, if there is a good reason why the result of a compile that 
included a file from a work, which appears only in that work because 
it is an extension unique to that work, is not derived from that work, 
I'm interested to read it.


Using grep on the command-line is a bit different. The use could have 
been derived from a published description of it and I don't end up 
including grep as part of the compile. There are quite a few versions 
of grep, too.


I don't know libcurl enough to comment on it and I think that's 
getting off-topic.


--
MJR/slef My Opinion Only and possibly not of any group I know.
Please http://remember.to/edit_messages on lists to be sure I read
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Re: XFree86 license difficulties

2004-02-02 Thread Brian Thomas Sniffen
paul cannon [EMAIL PROTECTED] writes:

 As another example, a command line program could wrap the functionality
 of nearly all libraries. If someone didn't want to link a program with
 libcurl, one would simply invoke /usr/bin/curl and get much of the same
 functionality. Should these be different actions from a licensing
 standpoint?

 As always, let me know if I seem to be on crack.

You're not on crack -- but I don't think you're right either.  There's
a series of fine distinctions here, and the true answer is murky
enough that Debian's right to take the conservative path.

You argue that a command line program should be no different from a
dynamically linked program.  The FSF argues it the other way: that
dynamic linking should be treated no differently from static linking.
If it *is* different, then the GPL reduces to the LGPL, and the FSF's
bargaining chips in Readline and GMP go away.

It's interesting to look at how the FSF's position on this evolved
from We need this to be the case to This is the case -- check out
/usr/share/doc/clisp, for example.  That was back when Stallman used
reason instead of dogma, though.

-Brian

-- 
Brian Sniffen   [EMAIL PROTECTED]



Re: XFree86 license difficulties

2004-02-02 Thread Måns Rullgård
MJ Ray [EMAIL PROTECTED] writes:

 On 2004-02-02 20:11:45 + paul cannon [EMAIL PROTECTED] wrote:

 Please correct me if I'm wrong, but I understood that the FSF's
 opinion
 on this is not universal. That is, it is not an irrational view that
 dynamically linking to a library is only _using_ that library, not
 creating a derived work from it.

 Some works with copyright held by FSF are affected by this, so their
 published opinion probably would count.

The copyright owner does not have the right to dictate rules
contradicting copyright law.  Not even if he believes copyright law is
immoral.

 However, if there is a good reason why the result of a compile that
 included a file from a work, which appears only in that work because
 it is an extension unique to that work, is not derived from that work,
 I'm interested to read it.

You seem to be forgetting that dynamic linking doesn't include any
files.

-- 
Måns Rullgård
[EMAIL PROTECTED]



Re: XFree86 license difficulties

2004-02-02 Thread Måns Rullgård
Brian Thomas Sniffen [EMAIL PROTECTED] writes:

 paul cannon [EMAIL PROTECTED] writes:

 As another example, a command line program could wrap the functionality
 of nearly all libraries. If someone didn't want to link a program with
 libcurl, one would simply invoke /usr/bin/curl and get much of the same
 functionality. Should these be different actions from a licensing
 standpoint?

 As always, let me know if I seem to be on crack.

 You're not on crack -- but I don't think you're right either.  There's
 a series of fine distinctions here, and the true answer is murky
 enough that Debian's right to take the conservative path.

Quite right, but being conservative doesn't exclude discussion.
Without discussion, in our out of court, the matter will remain murky.

 You argue that a command line program should be no different from a
 dynamically linked program.  The FSF argues it the other way: that
 dynamic linking should be treated no differently from static linking.
 If it *is* different, then the GPL reduces to the LGPL, and the FSF's
 bargaining chips in Readline and GMP go away.

That's their problem.  

 It's interesting to look at how the FSF's position on this evolved
 from We need this to be the case to This is the case -- check out
 /usr/share/doc/clisp, for example.  That was back when Stallman used
 reason instead of dogma, though.

I never thought I'd see that written by one of the regulars on this
list.

-- 
Måns Rullgård
[EMAIL PROTECTED]



Re: XFree86 license difficulties

2004-02-02 Thread Don Armstrong
On Mon, 02 Feb 2004, Måns Rullgård wrote:
 The copyright owner does not have the right to dictate rules
 contradicting copyright law.  Not even if he believes copyright law
 is immoral.

There's no caselaw that I am aware of covering this particular issue
defining precisely where a derived work ends and a separate,
non-derived work begins in the context of dynamic linking.

If you have a few hundred thousands dollars to spend defining this
particular grey area via caselaw, feel free to do so. Until then,
there's not much that Debian can, or should do, but follow a
reasonable, conservative interpretation.


Don Armstrong

-- 
UF: What's your favourite coffee blend?
PD: Dark Crude with heavy water. You are understandink? If geiger
counter does not click, the coffee, she is just not thick.

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Re: XFree86 license difficulties

2004-02-02 Thread MJ Ray
On 2004-02-02 22:25:11 + Måns Rullgård [EMAIL PROTECTED] wrote:

 MJ Ray [EMAIL PROTECTED] writes:
 Some works with copyright held by FSF are affected by this, so their
 published opinion probably would count.
 The copyright owner does not have the right to dictate rules
 contradicting copyright law.  Not even if he believes copyright law is
 immoral.

That is true, but you don't seem to say that it contradicts copyright law. If 
you want to do that instead of FUDding, I ask you to give references.

 However, if there is a good reason why the result of a compile that
 included a file from a work, which appears only in that work because
 it is an extension unique to that work, is not derived from that work,
 I'm interested to read it.
 You seem to be forgetting that dynamic linking doesn't include any
 files.

Sorry, your telepathy is wrong. I didn't query the run-time-only case because 
I'm not particularly interested in that right now. Most software for XFree86 
that I have seen includes files at compile.

-- 
MJR/slef My Opinion Only and possibly not of any group I know.
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Re: XFree86 license difficulties

2004-02-02 Thread Matthew Garrett
Måns Rullgård wrote:

You are definitely not wrong.  It's just the Debian folks that believe
the faintest whisper from the FSF as were it the word of God.

The FSF have an opinion that's based on some amount of legal advice.
Unless we have either the at least the same amount of legal advice or a
court case that says otherwise, it would be stupid for us to invite
legal action by ignoring their opinions here. 

-- 
Matthew Garrett | [EMAIL PROTECTED]



Re: XFree86 license difficulties

2004-02-02 Thread Glenn Maynard
On Mon, Feb 02, 2004 at 11:38:45PM +0100, Måns Rullgård wrote:
 Quite right, but being conservative doesn't exclude discussion.
 Without discussion, in our out of court, the matter will remain murky.

Debating whether GPL-compatibility can legitimately affect dynamic
linking every time a GPL compatibility issue comes up is a repetitive
waste of time, and will not help resolve the issue at all.

If you want to start a thread discussing it, go ahead, but all you're
doing right now is subverting the XFree86 thread.

  It's interesting to look at how the FSF's position on this evolved
  from We need this to be the case to This is the case -- check out
  /usr/share/doc/clisp, for example.  That was back when Stallman used
  reason instead of dogma, though.
 
 I never thought I'd see that written by one of the regulars on this
 list.

As was pointed out, go read the archives on the GFDL issue.  I don't trust
the FSF when they call something free anymore; they've lost their
credibility.  I doubt I'm alone.  Claiming that d-legal people don't use
their own judgement when evaluating statements from the FSF is completely
baseless.

-- 
Glenn Maynard



Re: XFree86 license difficulties

2004-02-02 Thread Måns Rullgård
MJ Ray [EMAIL PROTECTED] writes:

 On 2004-02-02 22:25:11 + Måns Rullgård [EMAIL PROTECTED] wrote:

 MJ Ray [EMAIL PROTECTED] writes:
 Some works with copyright held by FSF are affected by this, so
 their published opinion probably would count.
 The copyright owner does not have the right to dictate rules
 contradicting copyright law.  Not even if he believes copyright law
 is immoral.

 That is true, but you don't seem to say that it contradicts copyright
 law. If you want to do that instead of FUDding, I ask you to give
 references.

As much as I'd like to, I don't have any references.  However, neither
does the FSF.  They are simply making claims with no backing
whatsoever.

 However, if there is a good reason why the result of a compile that
 included a file from a work, which appears only in that work
 because it is an extension unique to that work, is not derived from
 that work, I'm interested to read it.
 You seem to be forgetting that dynamic linking doesn't include any
 files.

 Sorry, your telepathy is wrong. I didn't query the run-time-only case
 because I'm not particularly interested in that right now. Most
 software for XFree86 that I have seen includes files at compile.

No, they merely include an instruction to the dynamic linker to link
in libX11.so.  The libX11.so that gets linked at runtime could come
from any vendor, as long as it is compatible.  In practice, there
won't be many binary compatible variants around, but that's a
non-issue.  The important part is that no code from the library is
included in the compiled and linked program when distributed.

-- 
Måns Rullgård
[EMAIL PROTECTED]



Re: XFree86 license difficulties

2004-02-02 Thread Måns Rullgård
Glenn Maynard [EMAIL PROTECTED] writes:

 On Mon, Feb 02, 2004 at 11:38:45PM +0100, Måns Rullgård wrote:
 Quite right, but being conservative doesn't exclude discussion.
 Without discussion, in our out of court, the matter will remain murky.

 Debating whether GPL-compatibility can legitimately affect dynamic
 linking every time a GPL compatibility issue comes up is a repetitive
 waste of time, and will not help resolve the issue at all.

 If you want to start a thread discussing it, go ahead, but all you're
 doing right now is subverting the XFree86 thread.

Been there, done that, learned something about GNU zealots.  I'll try
to stay out of this thread from now on.

-- 
Måns Rullgård
[EMAIL PROTECTED]



Re: XFree86 license difficulties

2004-02-02 Thread Don Armstrong
On Tue, 03 Feb 2004, Måns Rullgård wrote:
 As much as I'd like to, I don't have any references.  However,
 neither does the FSF.  They are simply making claims with no backing
 whatsoever.

You seem to forget that the GPL and the FSF's interpretation have been
researched rather carefully by its drafter, Eben Moglen. This
interpretation did not spring up tabula rasa. It is possible that a
court ruling might not back up their interpretation, but it is very
improper to claim that the FSF has no backing to their interpretation
at all.


Don Armstrong

-- 
Debian's not really about the users or the software at all. It's a
large flame-generating engine that the cabal uses to heat their coffee
 -- Andrew Suffield (#debian-devel Fri, 14 Feb 2003 14:34 -0500)

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Re: XFree86 license difficulties

2004-02-02 Thread MJ Ray
On 2004-02-03 00:46:13 + Måns Rullgård [EMAIL PROTECTED] wrote:

 As much as I'd like to, I don't have any references.  However, neither
 does the FSF.  They are simply making claims with no backing
 whatsoever.

You're making claims with no backing. In my position, would you believe Måns 
Rullgård or FSF more about how FSF will seek to enforce its licence? If Eben 
Moglen tries to enforce the FSF view, will Måns Rullgård defend us successfully 
or insure us?

 Sorry, your telepathy is wrong. I didn't query the run-time-only case
 because I'm not particularly interested in that right now. Most
 software for XFree86 that I have seen includes files at compile.
 No, they merely include an instruction to the dynamic linker to link
 in libX11.so.

I should have noted that I have mostly seen window manager code. It seems 
they're not typical. Sorry for the misleading message, but I'd still prefer 
replies to the case that concerns me more.

Bah anti-GNU zealots, driving us off-topic.

-- 
MJR/slef My Opinion Only and possibly not of any group I know.
Please http://remember.to/edit_messages on lists to be sure I read
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Re: XFree86 license difficulties

2004-02-02 Thread Glenn Maynard
On Tue, Feb 03, 2004 at 01:49:41AM +0100, Måns Rullgård wrote:
 Been there, done that, learned something about GNU zealots.  I'll try
 to stay out of this thread from now on.

Why do you insist on calling d-legal people GNU zealots?  The fact that
this is at least the third time in two days that you've made this flame,
without giving any backing and ignoring evidence to the contrary, makes
you seem an anti-debian-legal zealot.

-- 
Glenn Maynard



Re: XFree86 license difficulties

2004-02-02 Thread Ken Arromdee
Wouldn't linking a GPL program against XFree86 fall under the operating system
exemption anyway?



Re: XFree86 license difficulties

2004-02-02 Thread Don Armstrong
On Mon, 02 Feb 2004, Ken Arromdee wrote:
 Wouldn't linking a GPL program against XFree86 fall under the
 operating system exemption anyway?

No, because we don't distribute X in base (or as an essential
package.)

[In general, if you can have a working system without Y, Y doesn't
meet the OS exemption.]


Don Armstrong

-- 
Filing a bug is probably not going to get it fixed any faster.
 -- Anthony Towns

http://www.donarmstrong.com
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Re: XFree86 license difficulties

2004-02-02 Thread Glenn Maynard
On Mon, Feb 02, 2004 at 09:35:39PM -0500, Ken Arromdee wrote:
 Wouldn't linking a GPL program against XFree86 fall under the operating system
 exemption anyway?

Debian can never use this exception, due to the ... unless that
component itself accompanies the executable clause.  (You can use
a GPL program in Windows, but Microsoft can't include a GPL program
with Windows.)

-- 
Glenn Maynard



Re: XFree86 license difficulties

2004-02-02 Thread Ben Reser
On Mon, Feb 02, 2004 at 06:54:06PM -0800, Don Armstrong wrote:
 On Mon, 02 Feb 2004, Ken Arromdee wrote:
  Wouldn't linking a GPL program against XFree86 fall under the
  operating system exemption anyway?
 
 No, because we don't distribute X in base (or as an essential
 package.)
 
 [In general, if you can have a working system without Y, Y doesn't
 meet the OS exemption.]

This really depends on how you define normally distributed.  I think
an arguable position can be made that Debian includes XFree86 normally.
Besides your standard doesn't even hold for the examples the GPL gives.
You don't need a compiler to have a working system, yet the GPL gives a
compiler as an example.

It also depends on how you define the operating system which the
executable runs.  If you define it narrowly then you could say the
executable runs on Debian.  You could define it more broadly as Linux
or Unix like operating systems.  In the case of the latter two it is
pretty normal to include an X11 implementation of some sort.

I think there are several ways of interpreting how broadly to apply the
operating system exception.  All of which can reasonably be accepted as
valid interpretations.  

I'm not sure if FSF has weighed in on this issue but I'd guess Debian
would yield to whatever their interpretation of the issue was.

-- 
Ben Reser [EMAIL PROTECTED]
http://ben.reser.org

Conscience is the inner voice which warns us somebody may be looking.
- H.L. Mencken



Re: XFree86 license difficulties

2004-02-02 Thread Don Armstrong
On Mon, 02 Feb 2004, Ben Reser wrote:

 On Mon, Feb 02, 2004 at 06:54:06PM -0800, Don Armstrong wrote:
  No, because we don't distribute X in base (or as an essential
  package.)
  
  [In general, if you can have a working system without Y, Y doesn't
  meet the OS exemption.]
 
 This really depends on how you define normally distributed.  I
 think an arguable position can be made that Debian includes XFree86
 normally.  Besides your standard doesn't even hold for the examples
 the GPL gives.  You don't need a compiler to have a working system,
 yet the GPL gives a compiler as an example.

The compiler is an example for some operating systems, but I'm not so
confident that it applies to Debian. [See the recent discussion on
-devel whether gcc should remain standard for an example of why I'm
not so confident.]

Perhaps we could define the normal distribution as all packages in
base or standard... but I would be really wary about getting out of
the GPL's derived requirement that way.
  
 It also depends on how you define the operating system which the
 executable runs.  

This is generally the OS on which the executable as distributed is
intended to run, which is (basically) Debian.

 I'm not sure if FSF has weighed in on this issue but I'd guess
 Debian would yield to whatever their interpretation of the issue
 was.

Yeah. My own personal feeling is that we shouldn't be distributing
anything to which we need to apply this exception, unless it's
something that we have historically considered to be covered under
it.


Don Armstrong

-- 
She was alot like starbucks.
IE, generic and expensive.
 -- hugh macleod http://www.gapingvoid.com/batch3.htm

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


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Re: XFree86 license difficulties

2004-02-02 Thread Don Armstrong
On Mon, 02 Feb 2004, Glenn Maynard wrote:

 On Mon, Feb 02, 2004 at 08:22:05PM -0800, Don Armstrong wrote:
  Yeah. My own personal feeling is that we shouldn't be distributing
  anything to which we need to apply this exception, unless it's
  something that we have historically considered to be covered under
  it.
 
 Huh?  unless that component itself accompanies the executable.  Debian
 can't use the OS exception.  (It seems that the OS exception is intended
 to allow people to use GPL programs on non-free systems, while not
 allowing non-free systems to include GPL programs directly.)

For reference the full clause under discussion: 

 However, as a special exception, the source code distributed need
 not include anything that is normally distributed (in either
 source or binary form) with the major components (compiler,
 kernel, and so on) of the operating system on which the
 executable runs, unless that component itself accompanies the
 executable.

If you want to argue that everything we distribute accompanies the
executable, I guess that's a possible argument, although that's a new
one to me. Doesn't really matter to me though... the net effect is
pretty much the same.


Don Armstrong

-- 
DIE!
 -- Maritza Campos http://www.crfh.net/d/20020601.html

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


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