Help on package

2004-05-04 Thread David Moreno Garza
Hello,

I am now packaging a Tetris-like game, and I have some doubts about the
description.

I have written the description like this:
Description: Free clone of Tetris, featuring a bastard level

Bastet (stands for bastard Tetris) is a free (GPL'd) clone of
Tetris(r) (built on the top of petris by Peter Seidler) which is
designed to be as bastard as possible: it tries to compute how useful
blocks are and gives you the worst, the most bastard it can find.
Playing bastet can be a painful experience, especially if you usually
make canyons and wait for the long I-shaped block.

As Tetris is a trademark, are the uses of this word proper? I mean, is
it legal to make use of this word as I have written it on the
description?

Now, the upstream author mentions his software is based on petris, a
Tetris-like game on MIT/X11 license. Is it all valid to bastet use GPL?
Bastet is licensed over GPL.

I only need some orientation, in order to make bastet Debian
policy-compliant.

Regards and thanks in advance,

-- 
David Moreno Garza [EMAIL PROTECTED]
 http://www.damog.net/
 PGP 356E16CD - 84F0 E180 8AF6 E8D0 842F  B520 63F3 08DB 356E 16CD



Re: Not inherently free, but inherently non-free?

2004-05-04 Thread Branden Robinson
On Sat, May 01, 2004 at 10:49:22AM -0700, [EMAIL PROTECTED] wrote:
 On Thu, Apr 29, 2004 at 12:23:51PM -0400, Nathanael Nerode wrote:
 
 Big snip; big extrapolation
 
  Actually, the GFDL is quite clear: you aren't allowed distribute on an
  encypted medium even if it's accompanied by a freely readable medium -- you
  can't even *make* a copy on an encrypted medium, according to the line I
  quoted above.  Yes, this is the problem.
 
 Hmm. So if I have an hardware encryption passthrough on my computer, I
 could not have any GFDL works installed at all? :)

That appears to be a reasonable interpretation of the license terms[1].
While the FSF doesn't appear to interpret it that way itself, other
copyright holders in GNU FDL-licensed works may choose to interpret it
differently.

[1] 2. VERBATIM COPYING

You may copy and distribute the Document in any medium, either
commercially or noncommercially, provided that this License, the
copyright notices, and the license notice saying this License applies to
the Document are reproduced in all copies, and that you add no other
conditions whatsoever to those of this License. You may not use
technical measures to obstruct or control the reading or further copying
of the copies you make or distribute. However, you may accept
compensation in exchange for copies. If you distribute a large enough
number of copies you must also follow the conditions in section 3.

You may also lend copies, under the same conditions stated above, and
you may publicly display copies.

-- 
G. Branden Robinson| Reality is what refuses to go away
Debian GNU/Linux   | when I stop believing in it.
[EMAIL PROTECTED] | -- Philip K. Dick
http://people.debian.org/~branden/ |


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Re: RFC: Debian License Information on www.debian.org

2004-05-04 Thread Branden Robinson
[I am not subscribed to -www.]

On Fri, Apr 30, 2004 at 11:17:29AM +0200, Gerfried Fuchs wrote:
 * Frank Lichtenheld [EMAIL PROTECTED] [2004-04-30 03:49]:
  I just completed the first version of these pages (loosly based on the
  pages of the security team), put them online and added a first
  license, OPL, based on the summary on debian-legal by Jeremy Hankins.
 
  I would say, we definitely need to relicense our website[1], then

I agree.

 Last time I've heard about the OPL I was told it is free as long as the
 options in VI. aren't used.

That was a mistaken conclusion, which has since been superseded by a
more careful reading and understanding of the terms of the OPL.

-- 
G. Branden Robinson|The errors of great men are
Debian GNU/Linux   |venerable because they are more
[EMAIL PROTECTED] |fruitful than the truths of little
http://people.debian.org/~branden/ |men. -- Friedrich Nietzsche


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Re: VOCAL (Vovidia Communications License)

2004-05-04 Thread Branden Robinson
On Sun, May 02, 2004 at 04:46:12PM -0400, Glenn Maynard wrote:
 On Sun, May 02, 2004 at 09:26:10AM -0700, Josh Triplett wrote:
* 4. Products derived from this software may not be called VOCAL, nor
*may VOCAL appear in their name, without prior written
*permission of Vovida Networks, Inc.
 
  This license appears to be identical to the Apache License, version 1.1,
  with the names changed and clause 3 (an advertising clause) removed.  It
  looks to be a DFSG-Free license.  Clause 4 makes it GPL-incompatible, so
  be sure it doesn't link to any GPLed software.
 
 I wonder why we considered clause #4 to be free;

Carelessness, I suspect.

 it seems a little overreaching.

Yes.

 It prohibits code reuse with any projects with names like Vocal Minority or
 Vocalize.  (This isn't an objection; just curiosity.)

Yes.

Does anyone know if the latest version of the Apache Software License
still retains these terms?

-- 
G. Branden Robinson|Sometimes, getting your patch in is
Debian GNU/Linux   |just a matter of waiting for
[EMAIL PROTECTED] |somebody else to reimplement it.
http://people.debian.org/~branden/ |-- Jonathan Corbet


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Re: European Directive on Copyright Law (91/EC/250) wrt open source

2004-05-04 Thread Luke Kenneth Casson Leighton
On Tue, May 04, 2004 at 12:33:33AM +0100, MJ Ray wrote:

 Ideas and principles are not copyrightable ever, are they? They are 
 the wrong side of the idea-expression boundary. Copyright only covers 
 expressions.
 
 This is not news.

no: what's news is that the copy of 91/EC/250 on which i based the
entire justification for the reverse engineering necessary for samba
to interoperate with windows nt domains has DISAPPEARED.

l.



Re: VOCAL (Vovidia Communications License)

2004-05-04 Thread Don Armstrong
On Tue, 04 May 2004, Branden Robinson wrote:
 Does anyone know if the latest version of the Apache Software
 License still retains these terms?

No, thankfully Apache Source License v 2.0 ditched them for the more
sane (and more to the point) §6:

 6. Trademarks. This License does not grant permission to use the trade
 names, trademarks, service marks, or product names of the Licensor,
 except as required for reasonable and customary use in describing the
 origin of the Work and reproducing the content of the NOTICE
 file.[1]
 
Which is probably what the license should have said in the beginning.

[We probably should really review Apache Source License v 2.0
sometime... §3 (patent reciprocity) and §4d (acknowledgements in the
NOTICE file) are two clauses that are near the border, and while I
think they're free, I'm interested in others opinions of them.[2]]


Don Armstrong

1: http://www.apache.org/licenses/LICENSE-2.0
2: I know we discussed §3 when it was proposed, but it's
interesting... §4d may also be important to discuss, especially in the
context of droit d' auter and in the context of free documentation
licenses.
-- 
Clothes make the man. Naked people have little or no influence on
society.
 -- Mark Twain 

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


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Re: Fwd: reiser4 non-free?

2004-05-04 Thread Carl-Daniel Hailfinger
MJ Ray wrote:
 On 2004-05-03 22:53:05 +0100 Carl-Daniel Hailfinger
 [EMAIL PROTECTED] wrote:
 
 MJ Ray wrote:

 because of its dumb developers who won't answer simple questions about

  ^^^
 Hey, can you do anything else but insult people?
 
 
 I'm not sure what you mean. I've reread the email and I'm surprised that
 you think there are at least 3 insults in it. I count one and that was
 an intentional illustration of the unnecessarily insulting language it
 was replying to.
 
   Dumb \Dumb\, a. [...]
 
  2. Not willing to speak; mute; silent; not speaking; not
 accompanied by words;

I'm sorry to have misunderstood you. The meaning of dumb I was referring
to is slightly different.

Quoting from dictionary.reference.com:
--
dumb( P )
adj. dumb·er, dumb·est

1.a Lacking the power of speech. Used of animals and inanimate objects.
1.b Often Offensive. Incapable of using speech; mute. Used of humans. See
Usage Note at mute.
2. Temporarily speechless, as with shock or fear: I was dumb with disbelief.
3. Unwilling to speak; taciturn.
[...]
6. Conspicuously unintelligent; stupid: dumb officials; a dumb decision.
[...]
Our Living Language In ordinary spoken English, a sentence such as He is
dumb will be interpreted to mean “He is stupid” rather than “He lacks the
power of speech.” “Lacking the power of speech” is, however, the original
sense of the word, but it has been eclipsed by the meaning “stupid.”
--


 It seems an apt description of how some XFree86 developers reacted to
 questions. They went dumb. Other XFree86 developers were helpful, but
 they are not the reason I plan to stop using it, so I do not blame them.

I mistook your phrase its dumb developers as referring to all XFree86
developers. Now that you clarified it, it doesn't look like an insult
anymore.

Carl-Daniel



Re: Fwd: reiser4 non-free?

2004-05-04 Thread Claus Färber
MJ Ray [EMAIL PROTECTED] schrieb/wrote:
 Sadly, your invariant section-inspired changes to the GPL cause
 other problems, which seem similar to combining an ad-clause licence
 with the GPL.

Rememer that an ad-clause usually does not render a work non-free,
just incompatible with the GPL. Depending on the size of the ads, it can
be a practical problem or a usability problem, however.

Claus
-- 
http://www.faerber.muc.de




Re: European Directive on Copyright Law (91/EC/250) wrt open source

2004-05-04 Thread MJ Ray
On 2004-05-04 07:28:49 +0100 Luke Kenneth Casson Leighton 
[EMAIL PROTECTED] wrote:



no: what's news is that the copy of 91/EC/250 on which i based the
entire justification for the reverse engineering necessary for samba
to interoperate with windows nt domains has DISAPPEARED.


As I understand it, the directive is not safe to rely on for that 
permission. You need to use your local law which implements the 
directive. I think that reverse engineering the part of Windows NT 
required to interoperate with it would be permitted under UK law if 
the docs about it are unavailable or incomplete, but IANAL and this 
really could do with their opinion.


--
MJR/slef
My Opinion Only and possibly not of any group I know.
http://mjr.towers.org.uk/
http://www.ttllp.co.uk/ for creative copyleft computing



xzx license

2004-05-04 Thread Niklas Vainio
debian-legal,

xzx's license forbids modification but we have a diff of over 30 kB. It
looks like it's undistributable in the current form. See bug 240941.

Please comment.

Thanks,
- Nikke

-- 
Niklas Vainio [EMAIL PROTECTED]



Re: The draft Position statement on the GFDL

2004-05-04 Thread Anthony DeRobertis

On May 2, 2004, at 14:25, Manoj Srivastava wrote:


   obstruct or control the reading or further copying of the copies
you make or distribute

In other words, clause isn't about copying, but about further 
copying.


I read it as:

(obstruct OR control) (the reading OR further copying) of the
copies you (make OR distribute)

So, it is a license violation to do any of the following:
1) obstruct the reading of the copies you make
2) control the reading of the copies you make
3) obstruct the further copying of the copies you make
4) control the further copying of the copies you make
5) obstruct the reading of the copies you distribute
6) control the reading of the copies you distribute
7) obstruct the further copying of the copies you distribute
8) control the further copying of the copies you distribute

(Wow, 2^3 is 8 and I actually got 8 of 'em above. Amazing...)


I believe this indicates that once you've given a copy to someone else,
you've not placed specific technical obstacles in the way of them 
making

copies.


You'd think that's what they meant, but they said 'copies you MAKE OR 
distribute' not just 'copies you distribute'.



I'm fairly confident the phrase technical measures to obstruct or
control refers to the concept of having a legal right to obstruct
control the reading or copying of the document after distribution.


If they wanted to prohibit you from using legal measures --- the DMCA, 
for example --- why did they say technical measures instead of legal 
measures?



More specifically, since the GFDL is a legal document, the primary
effect of this clause is to deny someone the right, in court, of 
claiming

someone else has subverted the barriers they placed on copying.


Maybe they intended that, but it's not what they wrote.



   Invariant Sections

I agree the GFDL's invariant sections are troublesome.  However,
redistribution of derived works are allowed, so Clause 3 of the DFSG
isn't the issue.


Last time I looked --- and everyone else on this list looked --- the 
GFDL did not allow me to distribute a derived work that modified or 
removed invariant sections.


DFSG doesn't demand that you can change some things. It demands that 
you can change all things.



The current DFSG does not prohibit bloat.  Bloat is something which we
manage arbitrarily.


No, it does not prohibit bloat. I does, however, prohibit legally 
requiring bloat.




Finally, I'm a bit dubious about the Dissident Test in this context.
If someone doesn't want to be listed as an author, they might simply
invent an entity or some surrogate name and list this entity as
the responsible party.


If its acceptable to use pseudonyms, then that concern goes away. 
Notice how Manoj worded it There is some concern... as in we aren't 
completely agreed or sure of that issue.



  [Similarly, if some crazy government imposes
penalties on people who distribute documents containing the letter e,
this is a problem in that government, not a problem in Debian.]


But if the license requires that the document be at least 10% e's, then 
its a license problem.



   Freedoms For Documentation

These look like worthwhile goals, but do not look like DFSG issues.


Many, if not all of them, are.



Conclusion: a number of the points in the position statement look like
they could be real problems in a number of circumstances, but few of 
them

(if any) are DFSG issues.


Please read the discussions of the GFDL in the archives of -legal.



Re: Squeak in Debian?

2004-05-04 Thread Walter Landry
Lex Spoon [EMAIL PROTECTED] wrote:
 Walter Landry [EMAIL PROTECTED] wrote:
  Lex Spoon [EMAIL PROTECTED] wrote:
   
   I've posted a summary of the discussion on including Squeak in non-free:
   
 http://minnow.cc.gatech.edu/squeak/3733
 
   I'll edit it as issues come up.  There are two open issues:
  
  The indemnification clause is _not_ acceptable.  Using phrases like
  it is extremely unlikely won't cut it.
 
 Why not?  We are talking about whether we find it acceptible to
 distribute Squeak, not whether Squeak is completely DFSG free.  What
 standard do you propose?  If you worry about every imaginable legal
 action, then we end up doing nothing, so surely we need to assess
 *realistic* risk.
 
 Keep in mind that it is extremely unlikely was only part of the
 argument.  There is also that we are only liable to the extent that
 our distribution is involved in the case.  Further, we can choose to
 defend the case ourselves if we prefer, just as if we'd been sued
 directly.

The problem is that Debian distributors would have to defend Apple at
all.

 In total, this seems like we end up with the same level of liability
 we already have.

The clause in question opens up a new kind of liability to the
mirrors.  Before, they only had to worry about the screwy laws in
their own country.  Now they have to worry about everyone's screwy
laws.

It is helpful to consider what it would be like if non-free were full
of these kinds of licenses.  Americans could be liable to defend
people for violating Britain's Official Secrets Act.  French would
have to defend people against the DMCA.

   1. Export regs.  Are our servers up to snuff for avoiding export to US
   embargoed countries?  (It looks to me that we need to handle this
   anyway, even aside from Squeak's license.)
  
  As I understand it, the US servers do not export software to those
  countries.  However, probably not all of the non-us mirrors check
  whether a request originates from Cuba [1].  In that case, the mirrors
  would be violating the license (but no law that applies to them).
  This is different from what I said before, because I didn't think
  about mirrors outside the US redistributing software to Cuba.
 
 We probably need to have all the mirrors following US export law.  How
 hard would that be to implement?

I don't think the problem is technical.  There are a fair number of
people who do not agree with the Cuban embargo, inside the US and out.

 The thing is, if a Swiss Debian mirror allows downloads from Cuba,
 and a US-based server lets that mirror download stuff from the US,
 then the US-based server is breaking US export law.  You can't
 export from US to Cuba either directly or indirectly.
 
 Now, there are exceptions to export law involving stuff that is
 publically available and/or free.  Also, posting on an ftp site might or
 might not be considered exporting.  So there are at least two
 loopholes we might be able to exploint.  IANAL so I can't tell.

The legal advice that Debian got is at 

  http://www.debian.org/legal/cryptoinmain

As I read it, it was suggested that the main mirrors should do reverse
DNS lookups.  I don't think that happened, but I am far from in the
know.

Regards,
Walter Landry
[EMAIL PROTECTED]



Re: Social Contract GR's Affect on sarge

2004-05-04 Thread Anthony DeRobertis

On May 1, 2004, at 05:40, Francesco Paolo Lovergine wrote:

Ah that's an interesting point. TCP/IP is a standard, so it's non 
free...


No, that's not true. The idea of TCP/IP is free --- an idea can't be 
covered by copyright, and there is AFAIK no patent being actively 
enforced on it. A particular description of the idea of TCP/IP could be 
non-free, but that doesn't make another description of the idea (the 
source code in the kernel) non-free.


And, actually, most of IP and TCP are from earlier RFCs, which (if I 
remember correctly) are free...




Re: Repost of the DRAFT d-l summary of the OSL v2.0

2004-05-04 Thread Jeremy Hankins
Fabian Bastin [EMAIL PROTECTED] writes:

 Just a little question.

 If you want a copyleft license for your work debian-legal recommends
 the GPL v2.0.

 What is the recommendation if you want a copyleft license, but no as
 strong as the GPL, in particular if you consider that simply linking a
 module does not produce a derivative work? The LGPL has an annonying
 point since it allows anybody to distribute the product in GPL instead
 of LGPL.

I don't know of a license that does specifically what you want, though I
don't think it would be hard to come up with one.  I think the reason
there isn't one is that there's little reason for such a license.  If
you want to give extra permissions, just use the LGPL.  Why is it
important for your works to be GPL-incompatible?

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



Re: xzx license

2004-05-04 Thread Mahesh T. Pai
Niklas Vainio said on Tue, May 04, 2004 at 02:59:08PM +0300,:

  xzx's license forbids modification but we have a diff of over 30 kB. It
  looks like it's undistributable in the current form. See bug 240941.

Where is the license text available? 
 

-- 
+~+
  
  Mahesh T. Pai, LL.M.,   
  'NANDINI', S. R. M. Road,   
  Ernakulam, Cochin-682018,   
  Kerala, India.  
  
  http://paivakil.port5.com 
  
+~+



Re: Fwd: reiser4 non-free?

2004-05-04 Thread MJ Ray
On 2004-05-03 15:24:00 +0100 Claus Färber [EMAIL PROTECTED] wrote:

 Rememer that an ad-clause usually does not render a work non-free,
 just incompatible with the GPL. [...]

An ad-clause usually applies to documentation or advertising supplied with 
the software, not the software package itself, and only requires attribution 
not a large advert. It sails very close to the wind, but doesn't quite fall 
over.

-- 
MJR/slef
My Opinion Only and possibly not of any group I know.
http://mjr.towers.org.uk/
http://www.ttllp.co.uk/ for creative copyleft computing



Debian-legal summary of the OSL v2.0

2004-05-04 Thread Jeremy Hankins

The OSL (Open Software License) v2.0 is not a DFSG free license.

- Item #5 External Deployment places distribution-like burdens on
  deployment.  E.g., when the Work is made available for use over a
  network source must be distributed.  This is a use restriction.  While
  the DFSG does not explicitly prohibit this, the consensus on
  debian-legal is that this is non-free.

- Item #9 Acceptance and Termination requires the licensee to
  acknowledge acceptance of the license.  According to the Dissident
  Test[1] this is a significant restriction on distribution (DFSG #1).

- Item #6 Attribution Rights requires retention of any Attribution
  Notice, even if false.  There are no restrictions on what may be
  considered an attribution notice, so there are no clear limits on what
  materials must be retained.  This restricts modification (DFSG #3).

- Item #10 Termination for Patent Action terminates the license if you
  are involved in a suit with a licensor over a patent applicable to
  software, or against anyone else over a patent relating to the Work.
  This clause is much too broad, and restricts all the freedoms that the
  license provides.

Suggestions:

If you want a copyleft license for your work debian-legal recommends the
GPL v2.

Any attempt to modify the license to pass the DFSG would need to address
the four issues above.

NOTE: The above is not legal advice.  If you need legal advice you
should contact an attorney.


The OSL v2.0 can be found at:

http://opensource.org/licenses/osl-2.0.php

It is included in full below.


[1] See item 8 in the DFSG FAQ:
http://people.debian.org/~bap/dfsg-faq.html

-

Open Software License
 v. 2.0

This Open Software License (the License) applies to any original work
of authorship (the Original Work) whose owner (the Licensor) has
placed the following notice immediately following the copyright notice
for the Original Work: Licensed under the Open Software License version
2.0

1) Grant of Copyright License. Licensor hereby grants You a world-wide,
   royalty-free, non-exclusive, perpetual, sublicenseable license to do
   the following:

a) to reproduce the Original Work in copies; 

b) to prepare derivative works (Derivative Works) based upon the Original 
Work; 

c) to distribute copies of the Original Work and Derivative Works to the
   public, with the proviso that copies of Original Work or Derivative
   Works that You distribute shall be licensed under the Open Software
   License;

d) to perform the Original Work publicly; and 

e) to display the Original Work publicly.   




2) Grant of Patent License. Licensor hereby grants You a world-wide,
   royalty-free, non-exclusive, perpetual, sublicenseable license, under
   patent claims owned or controlled by the Licensor that are embodied
   in the Original Work as furnished by the Licensor, to make, use, sell
   and offer for sale the Original Work and Derivative Works.

3) Grant of Source Code License. The term Source Code means the
   preferred form of the Original Work for making modifications to it
   and all available documentation describing how to modify the Original
   Work.  Licensor hereby agrees to provide a machine-readable copy of
   the Source Code of the Original Work along with each copy of the
   Original Work that Licensor distributes.  Licensor reserves the right
   to satisfy this obligation by placing a machine-readable copy of the
   Source Code in an information repository reasonably calculated to
   permit inexpensive and convenient access by You for as long as
   Licensor continues to distribute the Original Work, and by publishing
   the address of that information repository in a notice immediately
   following the copyright notice that applies to the Original Work.

4) Exclusions From License Grant. Neither the names of Licensor, nor the
   names of any contributors to the Original Work, nor any of their
   trademarks or service marks, may be used to endorse or promote
   products derived from this Original Work without express prior
   written permission of the Licensor.  Nothing in this License shall be
   deemed to grant any rights to trademarks, copyrights, patents, trade
   secrets or any other intellectual property of Licensor except as
   expressly stated herein.  No patent license is granted to make, use,
   sell or offer to sell embodiments of any patent claims other than the
   licensed claims defined in Section 2.  No right is granted to the
   trademarks of Licensor even if such marks are included in the
   Original Work.  Nothing in this License shall be interpreted to
   prohibit Licensor from licensing under different terms from this
   License any Original Work that Licensor otherwise would have a right
   to license.

5) External Deployment. The term External Deployment means the use or
   distribution of the Original Work or Derivative Works in any way such
   that the Original Work or 

Re: xzx license

2004-05-04 Thread Niklas Vainio
On Tue, May 04, 2004 at 06:10:06PM +0530, Mahesh T. Pai wrote:
   xzx's license forbids modification but we have a diff of over 30 kB. It
   looks like it's undistributable in the current form. See bug 240941.
 
 Where is the license text available? 

All packages have a link to their license text in the package page. 

Here's the text:
http://packages.debian.org/changelogs/pool/non-free/x/xzx/xzx_3.0.1-2/copyright

- Nikke

-- 
Niklas Vainio [EMAIL PROTECTED]



Re: European Directive on Copyright Law (91/EC/250) wrt open source

2004-05-04 Thread Arnoud Engelfriet
Raul Miller wrote:
 On Mon, May 03, 2004 at 08:41:30PM +0200, Arnoud Engelfriet wrote:
  A dominant market player could use the GPL in an abusive way.
  For example, consider Microsoft licensing its standard libraries
  under GPL.
 
 After thinking about a number of scenarios, I don't think that this
 would work as a form of abuse.

Maybe not, it was just a top-of-my-head suggestion. The abuse
would be forcing others to license their work under certain
terms. By itself you can request that, but if you're a dominant
player the rules change. 

MS is currently being investigated in Europe and Japan for
allegedly forcing its OEM licensees to give them royalty-free
patent licenses for anything Windows infringes. Nothing wrong
with asking a RF license, but forcing that by using your market
power _is_ wrong.

Arnoud

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



Re: European Directive on Copyright Law (91/EC/250) wrt open source

2004-05-04 Thread Arnoud Engelfriet
MJ Ray wrote:
 On 2004-05-03 19:41:30 +0100 Arnoud Engelfriet [EMAIL PROTECTED] 
 wrote:
 
 For example, consider Microsoft licensing its standard libraries
 under GPL.
 
 People fork them and create competition?

No, people would be forced to license their work under GPL or
develop alternative standard libraries. And since MS has a
dominant position, that alternative is not commercially feasible.
So it would be the proprietary software people who would object.

 Article 2: Protection in accordance with this Directive shall apply
 to the expression in any form of a computer program. Ideas and
 principles which underlie any element of a computer program,
 including those which underlie its interfaces, are not protected by
 copyright under this Directive.
 
 Ideas and principles are not copyrightable ever, are they? They are 
 the wrong side of the idea-expression boundary. Copyright only covers 
 expressions.

That's what this Directive says, yes. But apparently they felt
it necessary to spell it out. Just to be safe, perhaps? European
law wasn't as developed as US law by this time (1991).

I don't think all European countries use the idea/expression
approach. Or at least not the same way the USA does.

Arnoud

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



Re: The draft Position statement on the GFDL

2004-05-04 Thread Raul Miller
On Tue, May 04, 2004 at 08:40:25AM -0400, Anthony DeRobertis wrote:
[you seem to have attributed my words to Manoj -- but we are different
people]

 On May 2, 2004, at 14:25, Manoj Srivastava wrote:
 
 obstruct or control the reading or further copying of the copies
  you make or distribute
 
  In other words, clause isn't about copying, but about further 
  copying.
 
 I read it as:
 
   (obstruct OR control) (the reading OR further copying) of the
   copies you (make OR distribute)

I'll grant that my observation about further copying is moot, however,
the phrase you've quoted has no verb, so you have not addressed the
other aspect of my argument.

  I'm fairly confident the phrase technical measures to obstruct or
  control refers to the concept of having a legal right to obstruct
  control the reading or copying of the document after distribution.
 
 If they wanted to prohibit you from using legal measures --- the DMCA, 
 for example --- why did they say technical measures instead of legal 
 measures?

Because they are specifically talking about technical measures to enforce
intellectual property rights.  This has been a major feature of recent
copyright laws and treaties. 

Try a google search on: 
technical measures copy 
for an informal treatment of this issue.

  The current DFSG does not prohibit bloat.  Bloat is something which we
  manage arbitrarily.
 
 No, it does not prohibit bloat. I does, however, prohibit legally 
 requiring bloat.

If by bloat, you mean bloat in program binaries, this is true.
However, for example, the DFSG doesn't require that bloat be removed
from program sources.

  [Similarly, if some crazy government imposes
  penalties on people who distribute documents containing the letter e,
  this is a problem in that government, not a problem in Debian.]
 
 But if the license requires that the document be at least 10% e's, then 
 its a license problem.

There is no license in that sentence.

Note, however, that the word Debian contains the letter e.

 Freedoms For Documentation
 
  These look like worthwhile goals, but do not look like DFSG issues.
 
 Many, if not all of them, are.

Could you be more specific?

  Conclusion: a number of the points in the position statement look like
  they could be real problems in a number of circumstances, but few of 
  them
  (if any) are DFSG issues.
 
 Please read the discussions of the GFDL in the archives of -legal.

Could you be more specific?

-- 
Raul



Re: European Directive on Copyright Law (91/EC/250) wrt open source

2004-05-04 Thread MJ Ray
On 2004-05-04 15:00:57 +0100 Arnoud Engelfriet [EMAIL PROTECTED] 
wrote:



European
law wasn't as developed as US law by this time (1991).


As I'm sure you know, European law is not an homogenous whole, so 
occasionally there are harmonisation and generalisation parts in 
directives. You can find that this was already in some European law 
before 1991.




Re: Prefered License for forums content

2004-05-04 Thread Wouter Vanden Hove

Josh Triplett wrote:

Brian Thomas Sniffen wrote:

MJ Ray [EMAIL PROTECTED] writes:



Recall that the Creative Commons Attribution license was ruled to be
DFSG-non-free by debian-legal (initial review request at
http://lists.debian.org/debian-legal/2004/debian-legal-200403/msg00267.html
, final summary at




http://lists.debian.org/debian-legal/2004/debian-legal-200404/msg00031.html



When any Licensor asks, all references to their name(s) must be purged
  from the work.  This restricts modification (DFSG 3).

This is an unalienable moral right in most of Europe. If this is DFSG 
non-free, then Debian has a serious problem, because then is it 
logically impossible to have a license that is compatible with the DFSG 
and European Law at the same time.




The by-sa license is likely to be non-free as well for the same
reasons. 
If people think that, we don't they express their opinion about it on 
the relevant mailinglist, namely [EMAIL PROTECTED]



Wouter Vanden Hove
www.opencursus.org
www.vrijschrift.org




Re: The draft Position statement on the GFDL

2004-05-04 Thread Raul Miller
On Mon, May 03, 2004 at 01:18:51PM +0100, MJ Ray wrote:
 You really need to look at an as amended copy of the act. One such 
 copy is at http://www.jenkins-ip.com/patlaw/index1.htm

Thanks, that's a good reference, and the changes from the version I was
looking at were... rather extensive.

However, I don't see anything in that reference which lets a copyright
license dictate terms of use.

As near as I can tell, the GFDL can refuse to grant copyright permissions
-- if someone uses technical measures to prevent others from reading
or copying some GFDL document, then that person might lose the right to
make further copies.  However, the GFDL can't revoke ownership of a copy
which was obtained legally.

-- 
Raul



Re: Fwd: reiser4 non-free?

2004-05-04 Thread Joel Baker
On Tue, May 04, 2004 at 10:56:13AM +0100, MJ Ray wrote:
 On 2004-05-03 15:24:00 +0100 Claus Färber [EMAIL PROTECTED] wrote:
 
  Rememer that an ad-clause usually does not render a work non-free,
  just incompatible with the GPL. [...]

 An ad-clause usually applies to documentation or advertising supplied
 with the software, not the software package itself, and only requires
 attribution not a large advert. It sails very close to the wind, but
 doesn't quite fall over.

And even then, some of us are willing to go to some fairly large amount of
effort to try to convince upstreams to switch to a license without one...
-- 
Joel Baker [EMAIL PROTECTED],''`.
Debian GNU/kNetBSD(i386) porter  : :' :
 `. `'
http://nienna.lightbearer.com/ `-


pgpaldQc4SmED.pgp
Description: PGP signature


Re: Prefered License for forums content

2004-05-04 Thread Ken Arromdee
On Tue, 4 May 2004, Wouter Vanden Hove wrote:
 When any Licensor asks, all references to their name(s) must be purged
from the work.  This restricts modification (DFSG 3).
 
 This is an unalienable moral right in most of Europe. If this is DFSG 
 non-free, then Debian has a serious problem, because then is it 
 logically impossible to have a license that is compatible with the DFSG 
 and European Law at the same time.

That restriction isn't the same as the European law, because the European law
only applies in Europe, but the license restriction applies all over the world.

It's like the export clauses which says that users have to be bound by US
export restrictions (even users not in the US).



Re: Fwd: reiser4 non-free?

2004-05-04 Thread Hans Reiser

Markus Törnqvist wrote:


On Mon, May 03, 2004 at 10:35:12AM -0700, Hans Reiser wrote:

 

No, that certainly is an option.  Relocating the credits to somewhere 
reasonable for a particular installer is just fine with me.
   



Let's see what the Debian people say about showing the complete credits
in the preinstall screen during interactive installation and scrolling
through them automatically in a non-interactive one, for example.

I think the response will be but it's still non-free :P

 


Also, if every software showed their credits, there would easily be a ton
of them.
 

This is bad why?  They could be interesting for users to read while the 
install proceeds.
   



I wouldn't mind it. However, it could get out of hand if we had
three-four-five screenfulls of credits during every boot. Then it's time
to /dev/null again...
 

Well, a really clever way of doing it would have a page describing what 
the program does with a little bit of credits at the bottom.


As a user, I am usually disappointed by how operating systems fail to 
take the opportunity to educate me while I wait for them to install.



Credits (as commercials and ads and stuff) should never defeat the purpose
of the entity of which they are a part.
 

I would really like Debian to understand the difference between credits 
and ads.  Credits describe someone's contribution to the project.  Ads 
describe some product for you to buy.  Very different things.




Re: Fwd: reiser4 non-free?

2004-05-04 Thread Hans Reiser
You miss the point.  I get plenty of credit because of the filesystem 
name.  It is everybody else who gets shortchanged unless we print a 
randomly chosen 1 paragraph credit at mkreiser4 time.


Hans

Chris Dukes wrote:


On Mon, May 03, 2004 at 08:49:10PM +0300, Markus Törnqvist wrote:
[SNEEPAGE]
Perhaps this is overly cynical but...
In this day and age people only seem to care about proper attribution
when either
1) Looking for another garbage novel to read.
2) Looking for someone to sue.

The former seems to be covered by having the author's name in bigger
type than the title of the novel.
The latter, it doesn't matter how well the credits are buried, the
presumed targets will be served.
So as a compromise can we have
hansreiserfs* as the prefix on all packages.
HANSREISER as the prefix on all executables, kernel symbols, fstypes...
Frequent use of bold and blink for the text HANS REISER as well.

I don't know about other folks, but the credits filling my terminal
windows and logs get first dibs on catching the blame on whatever
may be going wrong with my computer.
 





Re: Prefered License for forums content

2004-05-04 Thread MJ Ray
Apologies for being out-of-thread, but the message hasn't reached me 
yet.


On Tue, 4 May 2004, Wouter Vanden Hove wrote:
When any Licensor asks, all references to their name(s) must be 
purged

from the work.  This restricts modification (DFSG 3).
This is an unalienable moral right in most of Europe. [...]


Is it? The references identifying them as the author may be forced in 
that way, but I did not think that reporting of their actions can be 
purged by using their moral rights.


--
MJR/slef
My Opinion Only and possibly not of any group I know.
http://mjr.towers.org.uk/
http://www.ttllp.co.uk/ for creative copyleft computing



Re: Prefered License for forums content

2004-05-04 Thread Sebastian Feltel

-BEGIN PGP SIGNED MESSAGE-
Hash: SHA1

Hi,
thanks for the suggesstions regarding my license problems. I´ve read
through the licenses you suggested and I personally prefer the MIT
license [1]. This license is short, easy to understand (even for
license outsiders like me :-) ) and i.e. you dont have to include a
license which is ten times longer then the content covered by the
license if you  use a forums posting in other works.

The GNU GPL I think will also fit my needs but I think it will be
overkill if I use this license for postings.

I´ll discuss this internally with my fellows and if there are questions
arising I know where I get help. :-)

Bye
Sebastian

[1] http://www.opensource.org/licenses/mit-license.php

- --
debianforum.de - die deutschsprachige Supportwebseite rund
um das Debian-Projekt  http://www.debianforum.de
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Version: GnuPG v1.2.4 (GNU/Linux)

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5RsyI5rxq049sHFTNb0eTpE=
=veJV
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Re: Fwd: reiser4 non-free?

2004-05-04 Thread Hans Reiser

Carl-Daniel Hailfinger wrote:



 


It seems an apt description of how some XFree86 developers reacted to
questions. They went dumb. Other XFree86 developers were helpful, but
they are not the reason I plan to stop using it, so I do not blame them.
   

I understand why they lost interest in talking to persons who cannot 
grasp that distros removed mention of them from their man pages and this 
was wrong.


I sent them a thanks for being brave enough to take on the task of 
changing licensing mores and forcing distros to attribute, and I got a 
response.;-)


Hans



Re: xzx license

2004-05-04 Thread Josh Triplett
Niklas Vainio wrote:
 On Tue, May 04, 2004 at 06:10:06PM +0530, Mahesh T. Pai wrote:
 
  xzx's license forbids modification but we have a diff of over 30 kB. It
  looks like it's undistributable in the current form. See bug 240941.

Where is the license text available? 
 
 
 All packages have a link to their license text in the package page. 
 
 Here's the text:
 http://packages.debian.org/changelogs/pool/non-free/x/xzx/xzx_3.0.1-2/copyright

In the future, it is helpful for debian-legal if requests to review a
license are accompanied by the full text of the license, for the
purposes of quoting and comment.  The full text follows.

- Josh Triplett

xzx license:
 Permission to use, distribute, and sell this software and its documentation
 for any purpose is hereby granted without fee, 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 copyright holder not be used in advertising or publicity pertaining to
 distribution of the software without specific, written prior permission.  The
 copyright holder makes no representations about the suitability of this
 software for any purpose.  It is provided as is without express or implied
 warranty. THE CODE MAY NOT BE MODIFIED OR REUSED WITHOUT PERMISSION!
 
 THE COPYRIGHT HOLDER DISCLAIMS ALL WARRANTIES WITH REGARD TO THIS SOFTWARE,
 INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS, IN NO
 EVENT SHALL THE COPYRIGHT HOLDER 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.

As you said, this license clearly prohibits all modification.

permission notice:
 However, I would appreciate if you distribute a binary-only version with
 Debian. In that case I could give you the permission to change the source
 code (only to make it compile under Debian Linux).
 
 You must not change any version number, copyright notice nor documentation
 of XZX. There is a XZX distribution for RedHat available.
 
 BTW starting with version 2.2.0 XZX is no longer freeware. But a shareware
 version will still be available. For more detailed information look at XZX's
 homepage.
 
[signature snipped]

This permission notice is very narrow.  Any change not directly related
to making the software compile, such as a bugfix (there appears to be at
least one in the diff), is not allowed, and neither is distributing the
modified source (even in the form of a unified diff, which contains much
of the original).  Furthermore, as you mentioned, it is unclear who the
permission applies to.  I think the package should be removed.

- Josh Triplett



Re: Fwd: reiser4 non-free?

2004-05-04 Thread MJ Ray

On 2004-05-04 17:20:56 +0100 Hans Reiser [EMAIL PROTECTED] wrote:

I understand why they lost interest in talking to persons who cannot 
grasp 
that distros removed mention of them from their man pages and this 
was wrong.


That's actually irrelevant in that case. Their advertising clause is 
actually not the reason for it being non-free, as I understand it, 
although it does make it GPL-incompatible, which is a bit irritating.


Their licence requires extreme protection of their name as a 
condition, which seems unacceptable for free software. If I even 
mention in a factual review who holds the copyright to the software, I 
have probably failed the letter of the conditions.


It seems a little cruel of you to punish all users by taking your code 
non-free because you are not happy with some distributor actions. You 
should work with the distributors instead of accusing them of 
immorality as an opening tactic. That should be the last resort, not 
the first.


I sent them a thanks for being brave enough to take on the task of 
changing 
licensing mores and forcing distros to attribute, and I got a 
response.;-)


You seem to enjoy working against free software. I got some responses, 
too, as previously mentioned.


--
MJR/slef
My Opinion Only and possibly not of any group I know.
http://mjr.towers.org.uk/
http://www.ttllp.co.uk/ for creative copyleft computing



Re: Fwd: reiser4 non-free?

2004-05-04 Thread Hans Reiser
There is a difference between free software and plagiarizable software.  
The two are orthogonal concepts.


Debian wants software to be both free and plagiarizable.  XFree86 and I 
want our software to be free but not plagiarizable.  In general, I want 
software to not be plagiarizable, as I think it works against the 
societal interest to not attribute accurately.  Saying that plagiarism 
is an important freedom is like saying assault is something you must be 
allowed to do if you are to be considered free.


Hans

MJ Ray wrote:


On 2004-05-04 17:20:56 +0100 Hans Reiser [EMAIL PROTECTED] wrote:

I understand why they lost interest in talking to persons who cannot 
grasp that distros removed mention of them from their man pages and 
this was wrong.



That's actually irrelevant in that case. Their advertising clause is 
actually not the reason for it being non-free, as I understand it, 
although it does make it GPL-incompatible, which is a bit irritating.


Their licence requires extreme protection of their name as a 
condition, which seems unacceptable for free software. If I even 
mention in a factual review who holds the copyright to the software, I 
have probably failed the letter of the conditions.


It seems a little cruel of you to punish all users by taking your code 
non-free because you are not happy with some distributor actions. You 
should work with the distributors instead of accusing them of 
immorality as an opening tactic. That should be the last resort, not 
the first.


I sent them a thanks for being brave enough to take on the task of 
changing licensing mores and forcing distros to attribute, and I got 
a response.;-)



You seem to enjoy working against free software. I got some responses, 
too, as previously mentioned.






Re: Fwd: reiser4 non-free?

2004-05-04 Thread Martin Michlmayr
* Hans Reiser [EMAIL PROTECTED] [2004-05-04 09:20]:
 I sent them a thanks for being brave enough to take on the task of
 changing licensing mores and forcing distros to attribute, and I got
 a response.;-)

I wonder if you're aware that virtually every distro is moving away
from XFree86.
-- 
Martin Michlmayr
[EMAIL PROTECTED]



Re: Fwd: reiser4 non-free?

2004-05-04 Thread MJ Ray

On 2004-05-04 18:02:28 +0100 Hans Reiser [EMAIL PROTECTED] wrote:

There is a difference between free software and plagiarizable 
software.


There is a difference between free software and forced-advert 
software, too. There is also the difference between a duck.



Debian wants software to be both free and plagiarizable.


Debian has not expressed that view, to the best of my knowledge.

XFree86 and I want 
our software to be free but not plagiarizable.


Great! I look forward to you both fixing your licences.

In general, I want software 
to not be plagiarizable, as I think it works against the societal 
interest to 
not attribute accurately.


I agree.

Saying that plagiarism is an important freedom is 
like saying assault is something you must be allowed to do if you are 
to be 
considered free.


No-one has said that. You seem to be constructing straw men.

In case you missed it, the problem which makes XFree86's latest 
licence definitely non-free (not just GPL-incompatible) is independent 
of their advertising clause.


--
MJR/slef
My Opinion Only and possibly not of any group I know.
http://mjr.towers.org.uk/
http://www.ttllp.co.uk/ for creative copyleft computing



Re: Fwd: reiser4 non-free?

2004-05-04 Thread Martin Dickopp
Hans Reiser [EMAIL PROTECTED] writes:

 You miss the point.  I get plenty of credit because of the filesystem
 name.  It is everybody else who gets shortchanged unless we print a
 randomly chosen 1 paragraph credit at mkreiser4 time.

I'm not a Debian developer.  But I don't understand your earlier comment
about attribution in science in the light of this comment.  A typical
attribution in a peer reviewed scientific journal looks like, e.g.,
B. Aubert et al., Phys. Rev. Lett. 91, 121801 (2003), where the
et al. represents 600+ people.

Martin



Re: Fwd: reiser4 non-free?

2004-05-04 Thread Hans Reiser

Martin Michlmayr wrote:


* Hans Reiser [EMAIL PROTECTED] [2004-05-04 09:20]:
 


I sent them a thanks for being brave enough to take on the task of
changing licensing mores and forcing distros to attribute, and I got
a response.;-)
   



I wonder if you're aware that virtually every distro is moving away
from XFree86.
 

They don't want to attribute.  It is contrary to the distro brand 
awareness monopilization interest.




Re: Fwd: reiser4 non-free?

2004-05-04 Thread Brian Thomas Sniffen
Hans Reiser [EMAIL PROTECTED] writes:

 There is a difference between free software and plagiarizable
 software.  The two are orthogonal concepts.

 Debian wants software to be both free and plagiarizable.  XFree86 and
 I want our software to be free but not plagiarizable.  In general, I
 want software to not be plagiarizable, as I think it works against the
 societal interest to not attribute accurately.  Saying that plagiarism
 is an important freedom is like saying assault is something you must
 be allowed to do if you are to be considered free.

No, it is exactly like saying plagiarism is something you must be
allowed to do if you are to be considered free.  If the law prevented
me from making false statements, I would not be free.  My nose is
blue, for example, and frequently emits badgers.  To make that
statement illegal is to restrict my freedom.  It is only a short step
from there to restricting me from saying that two plus two equals four.

Now, *fraud* is illegal -- so there is no need for a copyright license
to inhibit fraud, because it's already a crime.  But for me to have
freedom with respect to an artifact, I must have freedom to change it
in arbitrary ways.  All ways that do not remove the maker's mark is
not enough.  Then it is a shared artifact, an open artifact even, but
not a free artifact.

Similarly, to have freedom with respect to a computer program, I must
have freedom to change it.  Required display of certain text is fine
for a shared source program, or an open source program, but it is not
a free program.

-Brian

 Hans

 MJ Ray wrote:

 On 2004-05-04 17:20:56 +0100 Hans Reiser [EMAIL PROTECTED] wrote:

 I understand why they lost interest in talking to persons who
 cannot grasp that distros removed mention of them from their man
 pages and this was wrong.


 That's actually irrelevant in that case. Their advertising clause is
 actually not the reason for it being non-free, as I understand it,
 although it does make it GPL-incompatible, which is a bit irritating.

 Their licence requires extreme protection of their name as a
 condition, which seems unacceptable for free software. If I even
 mention in a factual review who holds the copyright to the software,
 I have probably failed the letter of the conditions.

 It seems a little cruel of you to punish all users by taking your
 code non-free because you are not happy with some distributor
 actions. You should work with the distributors instead of accusing
 them of immorality as an opening tactic. That should be the last
 resort, not the first.

 I sent them a thanks for being brave enough to take on the task of
 changing licensing mores and forcing distros to attribute, and I
 got a response.;-)


 You seem to enjoy working against free software. I got some
 responses, too, as previously mentioned.


-- 
Brian Sniffen   [EMAIL PROTECTED]



Re: Fwd: reiser4 non-free?

2004-05-04 Thread Hans Reiser

MJ Ray wrote:





XFree86 and I want our software to be free but not plagiarizable.



Great! I look forward to you both fixing your licences.


Our licenses are free and not plagiarizable.  GPL V2 is plagiarizable in 
the view of folks at debian who felt free to remove the credits.


Assault is the wrong analogy, lying is what plagiarism is.  Having a 
license that prevents lying about who did what is not a restriction on 
freedom any more than laws against fraud restrict freedom of speech.




In general, I want software to not be plagiarizable, as I think it 
works against the societal interest to not attribute accurately.



I agree.


So support those who do something to stop plagiarism.



Saying that plagiarism is an important freedom is like saying assault 
is something you must be allowed to do if you are to be considered free.



No-one has said that. You seem to be constructing straw men.

In case you missed it, the problem which makes XFree86's latest 
licence definitely non-free (not just GPL-incompatible) is independent 
of their advertising clause.



What problem do you speak of?

And call it a credit clause, not an advertising clause.  Advertisements 
sell products, credits describe who made the project happen.




Re: Fwd: reiser4 non-free?

2004-05-04 Thread Hans Reiser
When you go to the opera, they don't come on stage and say buy XYZ, but 
they do say something prominent on the brochure like we thank the 
generous ABC corporation for making this evening happen.  Debian should 
follow that model, it works and is morally right to do.




Re: Fwd: reiser4 non-free?

2004-05-04 Thread MJ Ray

On 2004-05-04 18:47:02 +0100 Hans Reiser [EMAIL PROTECTED] wrote:

Our licenses are free and not plagiarizable.  GPL V2 is plagiarizable 
in the 
view of folks at debian who felt free to remove the credits.


Can someone give a conclusive statement of what actually happened? The 
bug report 152547 looks like someone moved an advert into the docs 
accompanying, rather than removed any attribution. Now, if you call 
that advert the credits then I think you have a different view to 
many people.



Assault is the wrong analogy, lying is what plagiarism is.


Sure, but you've not shown any of these by debian yet.

Having a license 
that prevents lying about who did what is not a restriction on 
freedom any 
more than laws against fraud restrict freedom of speech.


Yes, that seems true and saying you must attribute this to me, not 
you would be fine, if redundant. Putting in the licence you must 
include this report of a conversation between Hans Reiser and his 
lawyer would not really prevent lying about who did what.



I agree.

So support those who do something to stop plagiarism.


I do. I also support those who do things to promote free software.

In case you missed it, the problem which makes XFree86's latest 
licence 
definitely non-free (not just GPL-incompatible) is independent of 
their 
advertising clause.

What problem do you speak of?


Their new condition clause 4, which says you cannot use their name, 
even for accurate reporting. Normally, this would just be a false 
statement, but this licence makes it a condition of the grant. I've 
not seen that mistake committed by anyone else yet.


And call it a credit clause, not an advertising clause.  
Advertisements sell 
products, credits describe who made the project happen.


No, it is advertising for the XFree86 Project, Inc. In addition to 
acknowledging their copyright (the credit), that advert may have to 
appear.


--
MJR/slef
My Opinion Only and possibly not of any group I know.
http://mjr.towers.org.uk/
http://www.ttllp.co.uk/ for creative copyleft computing



Re: European Directive on Copyright Law (91/EC/250) wrt open source

2004-05-04 Thread Mahesh T. Pai
Arnoud Engelfriet said on Tue, May 04, 2004 at 04:00:57PM +0200,:

  No, people would be forced to license their work under GPL or
  develop alternative standard libraries.

I do  not see anything such a  view in the English  version.  All thsi
document says is,

`you can reverse engineer so as to achieve interoperability'. 

Even if you use a non-free  license, you will still have to go through
the  pain of  re-writing  a  (software) library.  You  cannot use  the
existing work as such, AFAI can see. 

In case of a free/copyleft work, you do not have to `reverse engineer'
the program, as commonly understood. You will still have to write code
which does the same functions if you want to keep it non-free.

-- 
+~+
  
  Mahesh T. Pai, LL.M.,   
  'NANDINI', S. R. M. Road,   
  Ernakulam, Cochin-682018,   
  Kerala, India.  
  
  http://paivakil.port5.com 
  
+~+



Re: Prefered License for forums content

2004-05-04 Thread Jeremy Hankins
Wouter Vanden Hove [EMAIL PROTECTED] writes:

 http://lists.debian.org/debian-legal/2004/debian-legal-200404/msg00031.html


 When any Licensor asks, all references to their name(s) must be purged
from the work.  This restricts modification (DFSG 3).

 This is an unalienable moral right in most of Europe. If this is DFSG
 non-free, then Debian has a serious problem, because then is it
 logically impossible to have a license that is compatible with the
 DFSG and European Law at the same time.

Avoiding misrepresentation isn't the same as purging an author's name.
I certainly don't know the details of European moral rights (I assume
this is what you're referring to), but I suspect it's a lot more nuanced
than the clause in the cc-by.  For example, the cc-by does not
distinguish between legitimate uses of the author's name (e.g.,
biographical, or criticism of the author's position) and those the
license seeks to restrict (presumably, just mis-attribution).

But regardless, the fact that something is enshrined in some country's
law does not necessarily make that thing desirable, or DFSG free when
encoded into a license.  What about a license with US DMCA-style
anti-circumvention provisions, for example?  That would be non-free,
even if in the US it would be a null-op.

 The by-sa license is likely to be non-free as well for the same
 reasons.

 If people think that, we don't they express their opinion about it on
 the relevant mailinglist, namely [EMAIL PROTECTED]

This is probably a good idea.  But I don't know that it would resolve
the DFSG issues with the license, as there are other non-free provisions
that I suspect CC would be reluctant to fix.

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



Re: Fwd: reiser4 non-free?

2004-05-04 Thread MJ Ray

On 2004-05-04 18:40:49 +0100 Hans Reiser [EMAIL PROTECTED] wrote:


Martin Michlmayr wrote:

I wonder if you're aware that virtually every distro is moving away
from XFree86.
They don't want to attribute.  It is contrary to the distro brand 
awareness 
monopilization interest.


I look forward to your entertaining contributions to the debian 
trademark discussions when the trademark committee reports.


--
MJR/slef
My Opinion Only and possibly not of any group I know.
http://mjr.towers.org.uk/
http://www.ttllp.co.uk/ for creative copyleft computing



Re: Social Contract GR's Affect on sarge

2004-05-04 Thread Glenn Maynard
On Tue, May 04, 2004 at 08:52:35AM -0400, Anthony DeRobertis wrote:
 Debian significantly restricts use (not just modification or
 redistribution) of what is in that file.  There is no question that
 the rules for the official use logo fail the DFSG.  The only way I can
 see for Debian to follow its SC is to not include its own official use
 logo.
 
 That's been brought up on -legal, and any package in main including 
 that logo has a bug.

FYI, I filed a bug against desktop-base, but my attempt at using
X-Debbugs-CC failed and it wasn't CCd here.

 http://bugs.debian.org/cgi-bin/bugreport.cgi?bug=246784

(How did the header get set to [EMAIL PROTECTED]?  Must
have been a braino on my part when reading the reportbug manpage.)

-- 
Glenn Maynard



Re: Fwd: reiser4 non-free?

2004-05-04 Thread Joe Wreschnig
On Tue, 2004-05-04 at 12:54, Hans Reiser wrote:
 When you go to the opera, they don't come on stage and say buy XYZ, but 
 they do say something prominent on the brochure like we thank the 
 generous ABC corporation for making this evening happen.  Debian should 
 follow that model, it works and is morally right to do.

This is a very good analogy.

Debian will happily print your credits in our brochure
(/usr/share/doc/*reiser*/copyright), which is an optional read for
people who want to see the opera (use the ReiserFS software). We'll even
do it prominently, all caps, whatever. But we will not walk out on stage
(print messages during use of the software) to advertise your
filesystem.

We do follow that model, it does work, and it is the right thing to do.
-- 
Joe Wreschnig [EMAIL PROTECTED]


signature.asc
Description: This is a digitally signed message part


Re: Fwd: reiser4 non-free?

2004-05-04 Thread Jeremy Hankins
I think a bit of confusion's developed as to just what people are
after.  That's silly  stupid, so I'm going to try to be very precise
(anal, even) about language in this message.  Be warned.  ;)

Hans Reiser [EMAIL PROTECTED] writes:

 There is a difference between free software and plagiarizable
 software.  The two are orthogonal concepts.

We're not talking about plagiarizing software.  That's when someone
claims to have written someone else's code.  That's silly, and wrong,
and probably against the law without even considering the license.
That's not what you want this license to prevent -- not least because it
does absolutely nothing to prevent it.

The question d-l has is: what *are* you trying to achieve?  Because
there are two possibilities (given that we consider the license as
written non-free):

- You're trying to achieve something we consider non-free.  This isn't a
  terribly interesting case -- your software can't go into debian main.
  Nothing personal, we're just following our social contract.

- Your goal isn't, in itself, non-free.  This is the interesting case,
  because it means that we're not communicating well, and we don't
  understand your license.  Likely, this means that the wording of the
  license could be improved.

So what are you trying to accomplish?  Based on what I've read of this
thread, I can see a few possibilities:

- You don't want people to plagiarize your software.  I.e., you don't
  want folks like me to claim to have written it.

- You want to make sure that information about who contributed
  (financially and/or intellectually) to ReiserFS is readily available,
  so that folks who want to know can find out.

- You want to make sure that people know who contributed to ReiserFS
  regardless of whether or not they are interested in finding out.

The first two options are fine, depending on how they're implemented.
If that's what you want, I'm sure we can hash out wording for the
license that would satisfy both you and d-l.

A couple comments (that I may not be remembering properly) seemed to
imply that these credits are part of a revenue generating model.  Folks
who wish to require users to see their name in conjunction with ReiserFS
may purchase this control over what ReiserFS users see (i.e., they can
purchase an ad -- the first TV ads worked exactly like this, that's why
the word sponsor is used to refer to ad purchasers).  If this is the
case, and you are using the license to implement this control (i.e.,
option three above), then I think it's clear that you intend your
license to work exactly as it appears to, and restrict users' freedom.

If this is your goal (or perhaps some other variant on item 3 above)
I don't think you're going to have much luck convincing folks on d-l
that your license is Free.

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



RE: Fwd: reiser4 non-free?

2004-05-04 Thread Burnes, James
It disturbs me that such a great piece of software engineering like
ReiserV3 and V4 is sullied by licensing arguments about whether someone
is going to plagiarize them.

I imagine that nearly all software engineers would be horrified at the
thought of stealing the Reiser3 and 4 code and representing them as
their own.  It would be tantamount to a random civil engineer trotting
the blueprints to the Golden Gate bridge out as their own design.  The
social and professional repercussions would be immediate, highly
negative and totally incompatible with the motivation for contributing
to FOSS systems.

I'd like to get an idea of what the major concerns are surrounding
plagiarism and FOSS.

l. Is it that you believe the John Q Software is going to rip off your
software and represent it as their own work.  That would be plagiarism
and I think very very rare in the FOSS community.

2. Are you unhappy with the fact that a few of the major distros are
charging money for support and representing the software itself as their
own creation?  Wouldn't that already be in contravention of GPL V2?  Are
you unhappy with the fact that some distros make *a lot* of money and
fail to credit the FOSS people that made it possible?  Arguably the
market determines whether their support and package integration are
worthy of financial support, just as the DOD determines whether V4 is
worth of their support.  The relative discrepancy in reward vs. effort
is an economic discussion beyond the scope of this.

3. Is it that you simply want an efficient mechanism for cataloging
efforts of the major contributors to a project?  If that's the case why
don't we just come up with some sort of credits standard to be macro
embedded in the binaries?  That way anyone could view the credits by
running a 'credits' shell command against the binary/library/kernel etc.
Obviously the macros would be viewable in source.

4. How about this for a self-referential solution to the problem.  In
ReiserV4, you could view the ReiserV4 credits by simply looking at the
credits meta properties in reiser4.o or any other software.  Sounds like
a good idea for a plugin or default behavior.  The ability to view
credits like this might make software engineers recommend V4 for this
reason alone.   ;-)

5. It would probably be easy enough to put hooks in the Gnome and KDE
help subsystems so that the Help/Credits menu item would scan the binary
for attributions.

6. I've said this before, but if the 'credits' program doesn't find the
exact 'attributions' structure in the binary, it can do a multi-part
diff/MD5 and then match it to the closest known version.  This algorithm
might be similar to the rsync or advanced binary diff algorithms.  That
way if there are no attribution macros or someone intentionally strips
or alters attributions you could track it.  I'm sure some digital
signature technique could be used to guarantee non-alteration.  What if
the team members each digitally signed the their source modules?

Anyway, these are all possible technical solutions to a human problem.
People would like attribution for the hard work they do.  Naturally.

Is there a better mechanism?

Hopefully the issue doesn't devolve into an argument about forcing
people to read the credits, nagware like, during the execution of the
code.  That would simply not scale at all and would aggressively
de-select your software free or otherwise from an open environment.

Think about it,

(1) Everytime the kernel invokes kmod, the kmod team brays about how
great they are.
(2) Everytime someone opens a dynamic library, it shouts about how great
it is.
(3) Everytime your email program starts up, it delays for 20 seconds
while it advertises for the team.  Of course if you buy support, this
message goes away.  Hmmm
(4) Everytime a particular SMTP service starts up it announces it's
version and a random contributor.  For people trying to hack into
systems, this is very bad as it can be used to determine whether there
are vulnerabilities.
(5) By this time, we begin experiencing a very low coefficient of static
friction on the development slope.

There has to be a better way, or FOSS software wouldn't exist.

In short, can you guys give some real examples where developers
intentions have been abused or are likely to be abused by GPL V2?

Thanks,

jim burnes


 



Re: European Directive on Copyright Law (91/EC/250) wrt open source

2004-05-04 Thread Luke Kenneth Casson Leighton
On Tue, May 04, 2004 at 04:00:57PM +0200, Arnoud Engelfriet wrote:
 MJ Ray wrote:
  On 2004-05-03 19:41:30 +0100 Arnoud Engelfriet [EMAIL PROTECTED] 
  wrote:
  
  For example, consider Microsoft licensing its standard libraries
  under GPL.
  
  People fork them and create competition?
 
 No, people would be forced to license their work under GPL or
 develop alternative standard libraries. And since MS has a
 dominant position, that alternative is not commercially feasible.
 So it would be the proprietary software people who would object.

 yep.  that's the point that i am making - _with the additional_
 point that many open source licenses are incompatible!

 e.g. the latest xfree86 license, which is causing every single
 significant distribution to stop using the latest versions, 4.4.x

 l.
 



Re: Fwd: reiser4 non-free?

2004-05-04 Thread Lewis Jardine

Burnes, James wrote:

(1) Everytime the kernel invokes kmod, the kmod team brays about how
great they are.
(2) Everytime someone opens a dynamic library, it shouts about how great
it is.
(3) Everytime your email program starts up, it delays for 20 seconds
while it advertises for the team.  Of course if you buy support, this
message goes away.  Hmmm
(4) Everytime a particular SMTP service starts up it announces it's
version and a random contributor.  For people trying to hack into
systems, this is very bad as it can be used to determine whether there
are vulnerabilities.


If the above software is Free, it does not contravene the license to 
modify the software so it doesn't do this (without specific examples, I 
can't be sure if the above software is free or not). One can only assume 
that the developers are either a) OK with this, or b) militantly unaware 
of the permissions they are granting when they release their software 
under a Free license.


I find it unlikely that people intelligent enough to write software as 
complex as Apache, Sendmail, Linux, Thunderbird, etc. would license 
their software under a license they haven't fully read, or don't fully 
understand. I (and, in my opinion, any 'reasonable person') must assume 
that when an author releases under the GPL, he intends to permit any 
modification of the program (including the removal of run-time 
advertisements), as the GPL states.


'GPL + rider' licenses, on the other hand, show that the author really 
intends some other license, which is often non-free.


GPL initially, followed by an amendment into 'GPL + rider' suggests that 
the author fits into category b).


--
Lewis Jardine
IANAL IANADD



Re: RFC: Debian License Information on www.debian.org

2004-05-04 Thread Matt Kraai
On Tue, May 04, 2004 at 01:09:21AM -0500, Branden Robinson wrote:
 On Fri, Apr 30, 2004 at 11:17:29AM +0200, Gerfried Fuchs wrote:
  * Frank Lichtenheld [EMAIL PROTECTED] [2004-04-30 03:49]:
   I just completed the first version of these pages (loosly based on the
   pages of the security team), put them online and added a first
   license, OPL, based on the summary on debian-legal by Jeremy Hankins.
  
   I would say, we definitely need to relicense our website[1], then
 
 I agree.

Given that we haven't asked contributors to assign their
copyrights to SPI, do we have the right to do this?

-- 
Matt Kraai[EMAIL PROTECTED]http://ftbfs.org/



Thank You for your e-mail Auto Response

2004-05-04 Thread hwas
Thank You for your e-mail. Our e-mail hours are Monday thur Friday 8 am to 5 
pm. We will answer all e-mails as soon as we can.

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Redistributing PHP Licensed code under LGPL app

2004-05-04 Thread Marc Fargas (TeLeNiEkO)
Hi folks. I'm working on a php application that is licensed under the LGPL
license but I need to include a few files from http://pear.php.net that are
licensed under the PHP license.

Then the question is: Can I redistribute those PHP licensed files with my
LGPL application?

Thanks a lot!




Re: Redistributing PHP Licensed code under LGPL app

2004-05-04 Thread Glenn Maynard
On Wed, May 05, 2004 at 02:10:59AM +0200, Marc Fargas (TeLeNiEkO) wrote:
 Hi folks. I'm working on a php application that is licensed under the LGPL
 license but I need to include a few files from http://pear.php.net that are
 licensed under the PHP license.
 
 Then the question is: Can I redistribute those PHP licensed files with my
 LGPL application?

We can try to answer your question, if you include (inline, preferably,
not a URL) the text of the PHP license in question.  (I'd guess the
answer is probably, since license compatibility is less of an issue
with the LGPL than the GPL.)

We can't give legal advise, though.  You'd probably be better off asking
the FSF.

-- 
Glenn Maynard



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