Re: CA certificates

2004-05-06 Thread Florian Weimer
* Niklas Vainio:

 On Tue, May 04, 2004 at 11:52:39PM -0700, Russ Allbery wrote:
 There's an interesting question.  Is a public key copyrightable?  In other
 words, does VeriSign have any legal grounds to restrict use of their
 public keys at all?

 My understanding is that copyright laws speak about original works with some
 creativity in them.

Some European jurisdictions require that a work shows a certain amount
of creativity before it is subject to the equivalent of copyright.

At least in Germany, this rule no longer applies to computer programs,
so it's quite unclear what the limits of copyright are over here.

 Computer-generated, seemingly random string of numbers hardly is
 such a work.

Such random strings tend to have DMCA protection.  However,
certificates are not random strings, they also contain trademarks.

-- 
Current mail filters: many dial-up/DSL/cable modem hosts, and the
following domains: atlas.cz, bigpond.com, di-ve.com, hotmail.com,
jumpy.it, libero.it, netscape.net, postino.it, simplesnet.pt,
tiscali.co.uk, tiscali.cz, tiscali.it, voila.fr, yahoo.com.



Re: CA certificates

2004-05-06 Thread Florian Weimer
* Russ Allbery:

 Florian Weimer [EMAIL PROTECTED] writes:

 I've digged a bit more, and VeriSign actually has a license governing
 the *use* of their certificates (including the root and intermediate
 certificates):

   https://www.verisign.com/repository/rpa.html

 The license seems to violate DFSG §6.  It also fails the Desert Island
 test.

 There's an interesting question.  Is a public key copyrightable?  In other
 words, does VeriSign have any legal grounds to restrict use of their
 public keys at all?

Does it matter?  Why should we ignore VeriSign's wishes?  They have
far more lawyers than we have. 8-)

-- 
Current mail filters: many dial-up/DSL/cable modem hosts, and the
following domains: atlas.cz, bigpond.com, di-ve.com, hotmail.com,
jumpy.it, libero.it, netscape.net, postino.it, simplesnet.pt,
tiscali.co.uk, tiscali.cz, tiscali.it, voila.fr, yahoo.com.



Re: moosic package contains obfuscated code

2004-05-06 Thread Nicolas Évrard
* Henning Makholm  [03:58 06/05/04 CEST]: 

Scripsit Nicolas =?iso-8859-15?Q?=C9vrard?= [EMAIL PROTECTED]


So I was wondering, since this is problem is only with the binary
package should I file a bug against moosic stating that obfuscating is
an error or does it seems an acceptable policy to your eyes ?


If the source package contains unobfuscate source for everything, then
there is no DFSG problem. It is not worse than compiling to machine
code.


Indeed, that's what I tought but it is strange to obfuscate script code
and I don't think that be encouraged. Someone using moosic is not
running out of space.


As far as I can see from a quick look at the source package, this
appears to be the case.


This is the case.


(By the way, the comments in the Makefile indicate that the upstream
author is apparently more concerned about saving space in the binary
packages than about obfuscation).


I don't see this comment. It's in the upstream Makefile ?
... going to check ...
Ok I got it in the README.developers. Silly me.

--
(°  Nicolas Évrard
/ )  Liège - Belgique
^^   



Re: Mass bug filing: Cryptographic protection against modification

2004-05-06 Thread Glenn Maynard
On Wed, May 05, 2004 at 01:28:26PM -0600, Joel Baker wrote:
 The standing opinion there for some time (certainly every time I've seen
 this issue raised, which has been some number) is that a license text which
 is required solely to allow us to distributed the software under said
 license is Free by the DFSG, in that it is a pre-requisite to being able to
 establish and protect the other freedoms required by the DFSG in a world
 with legal systems that require such.

I don't think it's so much that unmodifiable license texts are considered
free, but that they're a necessary bit of non-freeness.

As I've suggested, I don't think that this is necessarily completely true,
considering the concepts of license terms and license texts separately.
We must allow the implicit restriction you must not misrepresent the terms
under which this work is licensed, which means that you can't take the GPL,
modify it, and then claim that the Linux kernel is under your modified GPL.

The license of the license is irrelevant--if the GPL was freely modifiable,
you would still have to distribute the unmodified text, in order to accurately
represent the licensing terms of the software.

So, I think Debian could require that license texts be modifiable.  I don't
think that would be a good thing; I do think an exception for license texts
is appropriate, for lots of reasons.  I'm just not sure that we *have* to do
it that way, due to the nature of the legal system is correct.

(I'm not claiming that such an exception needs to be laid out in the SC; I
don't have an opinion on that.)

-- 
Glenn Maynard



Re: xzx license

2004-05-06 Thread Nathanael Nerode
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
 
 - Nikke

You're absolutely right.  The binaries appear to be completely
undistributable, since they're derivative works of the source.
The diff is probably a derivative work too and so undistributable.

-- 
There are none so blind as those who will not see.



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

2004-05-06 Thread Nathanael Nerode
Luke Kenneth Casson Leighton wrote:

 http://europa.eu.int/eur-lex/et/dd/docs/1991/31991L0250-ET.doc
I can't read this.  Got it in English?

 this document outlines the circumstances under which copyright
 holders effectively forfeit their copyright
...
 and the sections that
 i wish to draw to your attention are the ones concerning interfaces
 and interoperability at interfaces.
 
 under 91/EC/250, interfaces are exempt from copyright law if the
 developers of the code and/or hardware will not grant a license
 for interoperability purposes.
 
 even reverse engineering is allowed and catered for - but for
 interoperation only, not for people to find out trade secrets such
 as faster implementations.
This indicates the intended meaning.

 the reason why i am bring this up on debian-legal is because there
 may come a time when either one open source project approaches another,
 or a proprietary company approaches an open source project (controlled
 by debian) and requests a license from the copyright holders in
 order that their proprietary (or open source project with an
 incompatible license) project interoperate with that otherwise
 incompatible project.
Indeed

snip
 now, i am aware that a number of open source projects DELIBERATELY
 release libraries under the GPL in order to force people to release
 their code under the GPL, too.
 
 where such libraries could be construed to have interfaces, and
 where the GPL is used to force a monopoly position, then any company
 or open source project with an incompatible license is entitled to
 request a compatible license and if they do not receive one they
 are entitled to treat the interface - i.e. the header files and
Yes...

 effectively the entire library -

I don't think this is right.  In most cases, I can't see how the 'entire
library' can possibly be construed as an 'interface'.  They would be able
to use the library much as if it was under the LGPL, but not much more --
they would not be able to modify the internals without running into
copyright.

It is unlikely that interfaces are copyrightable in the first place.  And
there is some question as to the validity of the FSF's belief that dynamic
linking creates a derivative work.

snip
 this is _exactly_ the sort of thing that is compatible with the
 EU directive on copyright law, whereas the GPL most clearly is not.

It looks like the directive is intended to apply narrowly.  Given that, I
suspect that the it would not be used to invalidate the GPL as a whole.  If
it simply means that it will treat certain uses along the same lines as
fair use in the US or fair dealing in the UK, as not subject to the
copyright monopoly, then the GPL will presumably be held to apply only to
those uses subject to copyright restrictions (the GPL as much as says that
that's how it should be interpreted).

-- 
There are none so blind as those who will not see.



Re: Help on package

2004-05-06 Thread Nathanael Nerode
David Moreno Garza wrote:

 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?

IANAL, but I believe it is just fine.  But perhaps 'clone of Tetris' is not
the best phrase to use.  Putting it very roughly, you can't use a trademark
to confuse people.  A Tetris-like game is certainly fine. A clone of
Tetris might possibly imply that it was behavior-identical to Tetris,
which apparently it isn't.  :-)  How about a free game very similar to
Tetris?

 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?
Yes.

 Bastet is licensed over GPL.

Under the MIT/X11 license, the author of a derivative work (Bastet) can
license his parts however he likes, such as the GPL.  In some sense Bastet
as a whole is licensed under GPL.  The parts which come from petris are
still copyright the petris authors, and are MIT/X11-licensed; the copyright
file *must* reflect that.

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

-- 
There are none so blind as those who will not see.



Re: How might I convince my school not to use this product?

2004-05-06 Thread Nathanael Nerode
Elizabeth Fong wrote:

 -BEGIN PGP SIGNED MESSAGE-
 Hash: SHA1
 
 My school is looking into installing Stanford's Coursework application for
 managing online course sites:
 http://getcoursework.stanford.edu/index.html
 
 However, its license seems to be decidedly non-free, and I'm trying to
 convince my school not to use it.  This is for the following reasons:
 1.) It requires Sun's JRE
 2.) It requires Oracle, and has limited support for Free alternatives
 (experimental support for Postgre only)
 3.) Its license (http://getcoursework.stanford.edu/license.html) is
 prohibitive
 Open Source License

 CourseWork
 Copyright © 2004 Board of Trustees of the Leland Stanford Junior
 University License Agreement
 
 By obtaining and/or copying the application or source code for
 CourseWork,
 you agree that you have read, understand, and will comply with the
 following terms and conditions of the License.
 
 Title and copyright in CourseWork and any associated documentation will
 at
 all times remain with the Board of Trustees of the Leland Stanford Junior
 University (Stanford). Subject to the terms and conditions of this
 Agreement, Stanford hereby grants to any person obtaining a copy of
 CourseWork a nonexclusive, royalty-free license under only any copyright
 interest Stanford has in CourseWork to use, copy, modify, merge, publish,
 perform and/or distribute copies of CourseWork, and to permit persons to
 whom CourseWork is furnished to do so.
 Doesn't say anything about distributing derivative works - one has the
 right
 to create them, but not to distribute them.

The interpretation of modify and/or distribute by most copyright holders
seems to have been that it allows the distribution of modified copies.  The
University of Washington was the exception.  Maybe it's worth asking
Stanford what they mean and hanging on to the answer.

  In addition, doesn't specify
 that derivative works have the same license applied.
Doesn't have to, since this is BSD-style; you can license your derivative
work however you want, apparently.

 CourseWork may not be distributed in any form for a fee.
 Clearly not Free, since it doesn't allow charging for the time/media for
 making a copy
Indeed

 Distributions of CourseWork in source code and/or executable form must
 retain all copyright notices in the Software as furnished by the Licensor,
 this list of conditions, and the following disclaimers in the code,
 documentation and/or other materials provided with the distribution.
 
 Neither the names of Stanford, nor the names of any contributors to
 CourseWork, nor any of their trademarks or service marks, may be used to
 endorse or promote products derived from this Software without express
 prior written permission of Stanford.
 I forget whether this is permissible for DFSG-free.

Yes, but only because it's a no-op -- this is apparently always true, pretty
much, even if it's not specified.  IANAL, though.

 Except for the license granted you under Stanford's copyright interest in
 CourseWork, Stanford retains all right, title and interest in CourseWork
 and any intellectual property rights in CourseWork. Without limiting the
 foregoing, no license is granted you or any other party under any patent
 owned or held by Stanford.
 In other words, all your modifications are belong to Stanford.  Wonderful.

No, this is just the usual we don't grant anything not explicitly granted.

 COURSEWORK IS PROVIDED AS IS AND WITH ALL FAULTS. THERE IS NO WARRANTY OF
 ANY KIND, EXPRESS OR IMPLIED. ALL WARRANTIES ARE EXPRESSLY DISCLAIMED
 INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF TITLE, MERCHANTABILITY,
 FITNESS FOR PARTICULAR PURPOSE, NONINFRINGEMENT OR ARISING OUT OF A
 PARTICULAR COURSE OF DEALING. YOUR USE OF THE SOFTWARE IS AT YOUR OWN
 RISK. IN NO EVENT SHALL ANY LICENSOR BE LIABLE FOR ANY CLAIM, DAMAGES OR
 OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE,
 RELATING TO, ARISING FROM OR IN CONNECTION WITH SOFTWARE OR ANY USE OF THE
 SOFTWARE.
 
 CourseWork is provided under the terms of this license without support,
 and
 with no commitments stated or implied, for technical assistance,
 modification or upgrade from the Licensor.
 Standard no warranty stuff
 
 Any suggestions?  Alternatives I might suggest?
First, ask them if you can charge for your modifications to CourseWork; if
you can, that deals with the problem of 'no fee'.  :-)

Ideally, they would
* make explicit that you may charge for derivative works
* make explicit the permission to distribute derivative works
* specify that the Names must not be used bit is simply a disclaimer,
rather than a license condition

Those changes would make the license a perfect non-copyleft license
however, I'm not sure you'll be able to get all of that.

-- 
There are none so blind as those who will not see.



RE: Fwd: reiser4 non-free?

2004-05-06 Thread Nathanael Nerode
Burnes, James wrote:

 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. 
Which is quite illegal anyway, for a multitude of different reasons.

 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.
And it's contrary to law.  And if it's done by stripping copyright notices,
it's copyright violation.

 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?
Yes.

  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.
Nice idea.  I like it.  It's also a good way to put the copyright notices
*into* the binaries, rather than merely next to them.  How about a standard
ELF section for credits?  :-)

snip
 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.
I thought it already had devolved into that.  :-)
snip

-- 
There are none so blind as those who will not see.



Re: Fwd: reiser4 non-free?

2004-05-06 Thread Nathanael Nerode
Hans Reiser wrote:

 Burnes, James wrote:
 
Is there any way to do an MD5 of either (1) each module in a software
subsystem or (2) each software version and then have a central registry
where interested developers and users can go to see the credits?

  

 Credits that users must take action to see are not effective credits. No
 one will look at them.

Well, it's definitely very non-free to try to force people to look at the
credits.  It's hopeless anyway.  Look at how many people walk out of movies
before the credits roll.  It would certainly be frighteningly non-free to
force them to sit through the credits.  Most of them ignore the opening
credits too.  (I, myself, always watch the credits.)

-- 
There are none so blind as those who will not see.



Is SystemC license compatible with the GPL ?

2004-05-06 Thread Matthieu Moy
[ I know this is out topic here, but I've already sent this mail twice
  to  [EMAIL PROTECTED], twice  to  the discussion  list  of the  fsfeurope,
  another time  to the SystemC mailing  list, and didn't  get a single
  answer :-( ]

Hi,

I've developped a  piece of software using GCC as  a C++ front-end and
the SystemC library.

The  SystemC  license can  be  found  from  www.systemc.org (And  I've
temporarily put a copy here:
http://www-verimag.imag.fr/~moy/vrac/License.pdf )

I would like to know wether it is legal to distribute this software and wether
it is possible to do so under a free license.


The architecture of the software is as follow :


  ++   +-+   +-+
  ||   | |   | |
  | A  |   |  B  |   |  C  |
  ||   | |   | |
  |  SystemC   |--1--| My software |--2--| GCC |
  ||   | |   | |
  ++   +-+   +-+

Where --n-- can be either a static or a dynamic link.

I would  like to  use as permissive  licenses as possible.  Ideally, I
would like the following :

A = SystemC license
B = LGPL
C = GPL

Is this possible ?
(From what I understood, I can distribute A+B and let the user download C and
compile A+B+C himself)

If not, do you have a solution ?

Or maybe, the following would fit :

A = Dual license GPL + (L)GPL
B = (L)GPL
C = GPL

?

Thanks a lot for your help,

--
Matthieu



Re: Prefered License for forums content

2004-05-06 Thread Nathanael Nerode
Wouter Vanden Hove wrote:

 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.

No, it isn't.  Or, anyway, I sure as hell hope not.

Let me state this simply and clearly.

If I state in my work, which is a derivative of RMS's, I disagree with RMS
about , or RMS founded the FSF, where does he get off demanding that
I remove his name?

 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]
I thought that was an alias to /dev/null, for all the responses I got from
the request to change the HTML pages so that it was clear that the
trademark stuff wasn't part of the license.

-- 
There are none so blind as those who will not see.



Re: Fwd: reiser4 non-free?

2004-05-06 Thread Nathanael Nerode
Russ Allbery wrote:

 Lewis Jardine [EMAIL PROTECTED] writes:
 
 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.
 
 The GPL is actually a rather interesting case here, since it *does*
 require the preservation of credits, and in a way that I believe Debian
 finds acceptably free.
 
 |   2. You may modify your copy or copies of the Program or any portion
 | of it, thus forming a work based on the Program, and copy and
 | distribute such modifications or work under the terms of Section 1
 | above, provided that you also meet all of these conditions:
 | 
 | [...]
 | 
 | c) If the modified program normally reads commands interactively
 | when run, you must cause it, when started running for such
 | interactive use in the most ordinary way, to print or display an
 | announcement including an appropriate copyright notice and a
 | notice that there is no warranty (or else, saying that you provide
 | a warranty) and that users may redistribute the program under
 | these conditions, and telling the user how to view a copy of this
 | License.  (Exception: if the Program itself is interactive but
 | does not normally print such an announcement, your work based on
 | the Program is not required to print an announcement.)
 
 In fact, on first glance, I'm not sure that I understand the difference
 between Debian's inclusion of software which triggers GPL 2c (such as bc)
 and a similar clause for non-interactive programs.  Maybe I'm missing some
 previous discussion?

Well, first of all we don't really like programs which trigger 2c.

Second, and much more important, non-interactive programs often have defined
output.  A similar credits requirement on a non-interactive program can
make it outright impossible to make the code produce the necessary defined
output.

-- 
There are none so blind as those who will not see.



Re: Is SystemC license compatible with the GPL ?

2004-05-06 Thread Diego Biurrun
On Thu, May 06, 2004 at 01:22:24PM +0200, Matthieu Moy wrote:
 
   ++   +-+   +-+
   ||   | |   | |
   | A  |   |  B  |   |  C  |
   ||   | |   | |
   |  SystemC   |--1--| My software |--2--| GCC |
   ||   | |   | |
   ++   +-+   +-+
 
 Where --n-- can be either a static or a dynamic link.
 
 I would  like to  use as permissive  licenses as possible.  Ideally, I
 would like the following :
 
 A = SystemC license
 B = LGPL
 C = GPL

gcc is LGPL.

Diego



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

2004-05-06 Thread Nathanael Nerode
Jakob Bohm wrote:

 Another common cause of non-distributable software happen when a
 single program combines parts under different free licenses**
 that conflict with each other in some way that makes the
 combination null and void.
s/null and void/undistributable/

Or, some way which means that there is no valid license to distribute the
combination.

  This is the most unfortunate kind of
 non-free software, all the parts are free** but we cannot ship
 it no matter how much we would like to do that.  Such conflicts
 can often be fixed by adding a permission notice**[link to
 above] modifying one of the licenses so it no longer fails the
 conditions imposed by the other licenses.
 
 Examples and solutions:
 
 BSD with advertising clause + GPL2**
 OpenSSL + GPL2 (happens a lot)**
 QPL + GPL2 (happened to KDE version 1)**

-- 
There are none so blind as those who will not see.



Re: Social Contract GR's Affect on sarge

2004-05-06 Thread Nathanael Nerode
Lewis Jardine wrote:

 There are, however, standards that are backed by patents and/or
 trademarks, and not freely implementable (postscript, mp3, pdf, etc.),
  ^^
No, trademarks are different.  Trademarks are always DFSG-free and don't
cause problems except when certain companies get litigious (they generally
lose when they try to overextend trademark law, but can still cause
problems).  Just patents.

 the status of which is a huge can of worms (not helped by software
 patent laws that very from nation to nation). To my knowledge (and this
 is not something I understand very well), Debian's guideline is that a
 program using/implementing a patent-encumbered standard is not allowed
 in main, unless the owner of the patent/trademark promises not to sue
 developers of free software.

Actually, Debian's been operating sort of the opposite way: unless the owner
of the patent shows some sign of enforcing it against software, Debian
assumes that the patent is invalid, or at least invalid when applied to
software, and that it will not be enforced.  This is done because there are
so many junk software patents out there (most of which are invalid on their
faces for being obvious, due to prior art, or for being pure mathematics),
and most of them are never enforced.

On the other hand, if the owner of the patent does show some sign of
enforcing it, Debian has been somewhat inconsistent, and I'm not really
sure what the policy is.

-- 
There are none so blind as those who will not see.



Re: Squeak in Debian?

2004-05-06 Thread Nathanael Nerode
Jakob Bohm wrote:

snip
 The term under your direct control typically does not refer to
 physical access or knowledge of the root password etc., it
 usually refers to under your [licensee as legal entity] direct
 [legal] control, that is any computer that the licensee (which
 may be a person, company, organisation etc.) has the *legal*
 command over, typically by owning, renting, leasing, borrowing,
 getting as sponsorship etc.
Thanks for that clarification.  That cleans up that problem.  :-)

*happy happy joy joy*

 
 So if a DD is working with weak guest privileges on a remote
 computer, the use of which has been donated as a sponsorship to
 SPI, and the software is licensed to SPI (not the DD), then SPI
 may do the things in the clause without that being an act of
 distribution, and SPI may use the DD as a tool to do that work.

 
 In contrast if the software is licensed to the DD as a person
 and the computer was not donated to the DD as a person, then
 this clause does not apply to anything the DD does on that
 computer, even if the DD is standing in front of the computer
 logged in as root and with full access to every part of the
 opened up computer cabinet.  But it would apply to something
 that the DDs friend is doing for the DD on DDs laptop, even if
 the DD has no physical or network access to the laptop during
 the exercise.
 
 Just my 2c
 
 Jakob
 

-- 
There are none so blind as those who will not see.



Re: Squeak in Debian?

2004-05-06 Thread Nathanael Nerode
Henning Makholm wrote:

 Scripsit Jakob Bohm [EMAIL PROTECTED]
 
 The term under your direct control typically does not refer to
 physical access or knowledge of the root password etc., it
 usually refers to under your [licensee as legal entity] direct
 [legal] control, that is any computer that the licensee (which
 may be a person, company, organisation etc.) has the *legal*
 command over, typically by owning, renting, leasing, borrowing,
 getting as sponsorship etc.
 
 That's even worse. It means that the license is trying to say that I'm
 not allowed to install the software on my neighbour's computer, which I
 have no legal control over, even if my neighbourt asks me to help him.

Well, if Jakob is correct that this refers to legal control, that's not
correct.  I've run into something like this before somewhere.  Legal
control is a funny concept, which is mostly about ownership, and in the
context of it, funny things happen to the meaning of doing.  It seems,
though IANAL, that the owner is considered to be actually performing the
action himself by asking someone else to do it.

This is genuine legalese, which doesn't mean what it appears to, and so the
opinion of a lawyer expert in the area would be a Really Good Thing.

-- 
There are none so blind as those who will not see.



Re: Is SystemC license compatible with the GPL ?

2004-05-06 Thread D. Starner
 gcc is LGPL.
 
 Diego

I don't know where you got that idea, but it's wrong. Some of the
libraries may be LGPL, but the compiler itself is very much GPL,
to the point that RMS doesn't want people adding interfaces that
might make it easier to use a GCC frontend by itself without
linking to GCC. (He can't stop it, but patches for it won't
be accepted into the GNU trees.)
-- 
___
Sign-up for Ads Free at Mail.com
http://promo.mail.com/adsfreejump.htm



Re: Squeak in Debian?

2004-05-06 Thread Nathanael Nerode
Lex Spoon 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:
 
 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.)
 
 2. The computers under your direct control verbiage.  I still do not
 understand why people object to that sentence, but I put it on the list
 because multiple people have claimed that it makes Squeak
 non-distributable.

Reading it as plain English, it looks like a strong restriction.  However,
now Jakob Bohm has explained that it means the technical legal definition
of control, and with reference to the way that's apparently normally
interpreted under the law, that seems fine.  I'd still love to get a lawyer
to agree, though!

-- 
There are none so blind as those who will not see.



Re: Poly/ML license

2004-05-06 Thread Mahesh T. Pai

  Please  read this licence  and click  on the  Accept button  at the
  bottom if you are happy to accept it.

snip

  Before downloading Poly/ML  you must read and agree  to the licence
  below.  If you  are downloading this in order  to make it available
  to others, for example to install it on a server at your University
  or place  of work, you agree  that everyone who has  use of Poly/ML
  will abide by this licence.
 
Licenses requiring  acceptance are not  considered DFSG free.  See the
DFSG FAQ at http://people.debian.orb/~bap/dfsg-faq.html

  IMPORTANT -- READ CAREFULLY BEFORE USING THE SOFTWARE: This Licence

In law,  *users* are required to  read something only if  it imposes a
burden / obligation on them. 
 
  You  may install a  copy of  the Software  and may  use it  only in
  accordance  with  and  to  the  extent allowed  by  the  terms  and
  conditions of  this License Agreement. By clicking  on the Accept
  button, installing, copying or otherwise so using the Software, you
  agree to be bound by the terms of this Licence Agreement. If you do
  not  agree to the  terms of  this Licence  Agreement, click  on the
  Cancel button and/or do not  install the Software. YOU AGREE THAT
  YOUR  USE OF  THE  PROGRAM  ACKNOWLEDGES THAT  YOU  HAVE READ  THIS
  LICENCE,  UNDERSTAND IT, AND  AGREE TO  BE BOUND  BY ITS  TERMS AND
  CONDITIONS.  

See above.
 
   4. The  copyright  and   other  intellectual  property  rights  of
  whatever nature in  any improvements, enhancements or modifications
  to the source  code of the Software or  which necessitate access to
  the source  code of  the Software  in order to  be compiled  into a
  functioning binary  form and which  are made by the  Licensee (the
  Improvements) shall vest in and  be and remain the property of the
  Licensee.

This  means,  if you  modify  the  program,  the copyright  in  *your*
modifications  vests in  the licensor  and operates  as  assignment of
copyright.This  is   void   in  most   jurisdictions  since   most
jurisdictions  require  that assignment  of  copyright  has  to be  in
writing. AFAIK,  English law too  requires assignment in  writing. Was
this license really written by a qualified lawyer? 

  5. The   Licensee  grants  to   the  Licensor   in  good   faith  a
  non-exclusive,  royalty-free licence to  use any  Improvements with
  the right to grant sub-licences to any existing or future licensees
  of the Software.

That is the right to distribute modified and unmodified copies. Fine.

  6. The Licensor shall be bound to grant sub-licenses of the
  Improvements on being requested so to do by any existing or future
  Licensee of the Software. The Improvements shall promptly be made
  available by the Licensee to the Licensor and by the Licensor to
  any sub-licensee. Such Improvements shall be made available to a
  degree of detail sufficient for the purposes of the license granted
  under clause 5 or as required by the Licensor. 

Fails the Desert Island test.

  7. Any licence or sub-licence granted by either the Licensor or the
  Licensee  of the  Software  and/or the  Improvements shall  contain
  provisions that  reflect the provisions of this  Agreement with any
  changes necessary to give the arrangements efficacy.
 
Generally,  it is  a very  bad idea  to allow  downstream to  modify a
license.

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



Re: GFDL

2004-05-06 Thread Mahesh T. Pai
I had a discussion with a DD friend on the GFDL; and we both felt that
I  should share  my  views with  the  list. What  follows is  slightly
modified text of one of my messages on the subject.

  I do not agree with RMS on GFDL.  It is too restrictive on

But I do.
 
  transparent copies.  The debian  position statement, nicely sums up
  all the issues.

And I agree with that also.

Did I hear somebody say`huh?'?

The point  is that there  are very valid  arugments in favour  of, and
against, GFDL's (degree of) freeness.  GFDL suits the way FSF wants to
do things; but does not suit the Debian way.

FSF stands for  users' freedoms. 

Debian stands for users' freedoms. 

`Users' for the FSF are the users in general.

`Users' for Debian,  are people who use Debian.   `Use' of Debian (the
software collection),  for Debian (the community),  means, among other
things,  distribution  of  CDs, mirroring,  and  repackaging/modifying
packages from Debian archives. (correct me if I am wrong).

FSF has to be distro neutral, because FSF knows that its works will be
used by people other than Debian, and has to strategize accordingly.

Debian is  a distro in itself,  uses a large portion  of material from
others, and is not concerned with how others use its works.

For the  FSF, freedom is  the message, and  has to be  conveyed. FSF's
invariant clauses  speak of  free software and  how users'  rights are
affected by  software.  FSF  is not, should  not (and  justifiably so)
concerned with, or can control what other people who use the GFDL (NOT
FSF's GFDL'd  work) put in  their invariant clauses.  FSF  rarely puts
technical info  in invariant clauses.  Its invariant clauses  are very
small.

For Debian, the distro is the message. Debian distributes work created
by  others (Including the  FSF). It  has no  control over  what others
people put in  the invariant clauses. Or the  proportion of a document
declared as  invariant. Debian is  very much justified in  what people
put in invariant clauses, what exactly invariant clauses say.

Several people in Debian (and outside it too) have other problems with
the GFDL.  Such opinion typically  is that the GFDL  obstructs further
copying  of the  copies you  *make*. These  people think  the  GFDL is
written in English, which is a mistake.

If you read the  GFDL in legalese, (and that is what  a court will do,
if a dispute  arises), you will realise that the  GFDL does not oblige
me to allow people access to a copy of a GFDL'd document I made for my
use.   Therefore, I  am justified  in things  like using  an encrypted
filesystem to store GFDL'd document.

FSF  has  very valid  points  in  having  invariant sections,  because
invariant sections, as used by FSF  serve a very useful purpose. (I am
an  example  of  how  these  invariant  sections  introduce  -  rather
enlighten - people  about freedom.)  The FSF is  happy when people are
compelled to reproduce the invariant  sections from works owned by the
FSF, because  it furthers FSF's  objective - spreading the  message of
freedom.  Invariant sections, which enable  FSF to do this, are likely
to be misused by others; but that is not FSF's fault.

The real  objection Debian has  about invariant sections is  that they
impose  a burden on  people who  wish to  modify packages  from Debian
repositories.   (like  using a  small  snippet  from  a GFDL'd  work).
Imposing burdens  on people wishing  to modify works  (or redistribute
modified  works) is  *not*  desirable for  the  Debian community.   (I
understand  this  aspect  of  Debian's arguments.   Recently,  I  used
material from some pages in HTML  format to create a man page.  If the
HTML was GFDL'd,  I would have taken a few weeks  to write an entirely
new manual,  and the  new manual still  would have  been substantially
identical with the HTML version.)

FSF sees documentation as a vehicle to carry its message.

Debian sees documentation as a vehicle to carry technical information.

FSF says - `freedom is important, spread the word'. 

Debian  says `here  is a  free operating  system, spread  it,  use it,
modify it; there is no obligation attached to it'.

My take on the whole issue is this:-

FSF seeks to achieve its objectives through the GFDL. The way GFDL
is written, while perfectly suits  the FSF way, is contrary to way
Debian does things.

Obviously, the two are not likely to meet.

  Anyway, talks are  on between FSF and Debian,  a committee has been
  formed at  the instance  of Bruce  Perens, a new  draft of  GFDL is
  expected by June '04.

RMS informed me when he was here (in January) that (1) he is not aware
of this  committee, (2) he sees  no problem with  the GFDL. Obviously,
the communication `gap' still persists.

-- 
+~+
  
  Mahesh T. Pai, LL.M.,   
  'NANDINI', S. R. M. Road,   
  Ernakulam, Cochin-682018,   
  Kerala, 

Re: Redistributing PHP Licensed code under LGPL app

2004-05-06 Thread Nathanael Nerode
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?
If it's mere aggregation, you would be allowed to...

But if you need to include them, it might not be.  First determine whether
your application is a derivative work of the files from pear.php.net.
If not, you're clear.  This is an annoying question, because it's factual.

Then check the PHP license to see whether you can distribute the files under
the terms of the LGPL.  If so, you're clear.  (I couldn't find the PHP
license offhand, so I can't tell you.)

Then check: do the files only use your application as a library?  If so,
you're clear.

Otherwise, you can't.

-- 
There are none so blind as those who will not see.



Re: Is SystemC license compatible with the GPL ?

2004-05-06 Thread Diego Biurrun
On Thu, May 06, 2004 at 04:05:16AM -0800, D. Starner wrote:
  gcc is LGPL.
  
  Diego
 
 I don't know where you got that idea, but it's wrong. Some of the
 libraries may be LGPL, but the compiler itself is very much GPL,

You are right, I stand corrected.

Diego



Re: reiser4 non-free?

2004-05-06 Thread Walter Landry
David Masover [EMAIL PROTECTED] wrote:
 First and foremost:  Hans, this is your project.  Someone willing to
 replace entire APIs with things that feel like files is obviously not
 afraid of creating something new.  So at the end of the day, it
 shouldn't matter too much that it's in Debian Non-free, especially if
 (assuming I heard correctly) XFree86 is also non-free.

People seem to be missing this issue, so I'll bring it up again.  The
problem is not so much whether the license is free or not.  The
problem is that it is incompatible with the GPL.  That means that
Debian can't distribute it _at all_.  Not in main, not in non-free.
Not at all.

The license may be perfectly free (e.g. the IBM CPL), but if it is
incompatible with the GPL, then Debian can't distribute it.

Regards,
Walter Landry
[EMAIL PROTECTED]



Re: moosic package contains obfuscated code

2004-05-06 Thread Raul Miller
On Thu, May 06, 2004 at 09:56:23AM +0200, Nicolas Évrard wrote:
 Indeed, that's what I tought but it is strange to obfuscate script code
 and I don't think that be encouraged. Someone using moosic is not
 running out of space.

Note that reducing the amount of space required at runtime tends to
improve performance -- memory is implemented in many tiers, and the less
space you occupy, the greater the probability you'll have that the stuff
you need is in one of the faster tiers.

Mind you, efficiency can also be addressed in a variety of other ways
(for example: different coding style, different language, different
libraries, different feature set, ...).

Anyways, I've not looked at this very closely, but I don't think the
obfuscation squeezeTool does is any worse than the obfuscation gcc does.

-- 
Raul



Re: The draft Position statement on the GFDL

2004-05-06 Thread Nathanael Nerode
Manoj Srivastava wrote:

 Hi,
 
 Raul miller posted this mail on debian-private, with an
  explicit permission to quote it elsewhere. I am doing so now.
 
 manoj
 
 On Tue, Apr 27, 2004 at 05:24:15PM -0500, Manoj Srivastava wrote:
 Can you refute the hard facts found on
  http://people.debian.org/~srivasta/Position_Statement.xhtml?
 
 I see several topics there:
 
DRM Restriction
 
 One question here, is what does control copying mean?  In a very general
 sense, making a copy is controlling a copy, and likewise not making a copy
 is controlling a copy.  Therefore, any technical means of controlling
 copies (such as having the gnu cp command installed on your system)
 could be seen as violating the GFDL.
 
 However, on re-reading the license, I see that the clause in question
 actually reads:
 
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 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.  In other words, once distributed, the distributor has given up
 legal control of the copy.

Make or distribute is the biggest problem here.  If it said make and
distribute, you might be correct.  As it is actually written, it requires
that you not place specific technical obstacles in the way of people
reading or making copies of the copy you *make*, even if you don't
distribute it at all.

As it is, this does seem to prohibit chmod -r on a shared computer.  Is
that really OK?

Frankly, if it was changed to make and distribute, this would probably
evaporate as a complaint.

 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.

I wish it meant that.  That's just not what it says though.  It refers
specifically to technical measures, but not to legal rights.  If it said
You may not use technical measures to prevent recipients from having or
exercising the rights they would otherwise have..., it would be just fine.

In a funny sort of mirror image, the biggest problem with the DMCA is that
it prohibits circumventing technical restrictions *even* when this is done
solely for otherwise legal purposes.  If it prohibited circumventing
technical restrictions in order to circumvent legal restrictions, that
would be quite different.

 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.
It denies the right to make private copies.  It appears to allow the
copyright holder to sue me if I make a private copy without separate
permission.

While the FSF may not interpret it this way, this is what it says, and we
have to expect that other copyright holders will take it at its word.
It appears to be legally possible to prohibit private modifications, so we
can't rely on that.

Although this is not explictly prohibited by the DFSG, it seems very much
against the spirit of it, and would cause no end of trouble if anyone ever
attempted to enforce it.

 I don't see that this is a problem in the context of the DFSG.  If it is,
 could you spell it out more clearly?
 
 Alternatively, if you think I've mis-interpreted this section of the
 license, could you spell out the interpretation you're seeing in some
 fashion [which isn't self contradictory]?
Yep -- see above.  :-)

 
Transparent and Opaque Copies
 
 Again, I don't see that this is a problem in the context of the DFSG.
 I see that the restrictions are different from GPL restrictions, but
 the DFSG does not require all licenses be GPL compatible.
This part *may* be OK.  But wasn't this discussed in detail? 

From Manoj's draft position statement:

Section 3 (Copying in Quantity) of the GFDL states that it is not enough to
just put a transparent copy of a document alongside with the opaque version
when you are distributing it (which is all that you need to do for sources
under the GPL, for example). Instead, the GFDL insists that you must
somehow include a machine-readable Transparent copy (i.e., not allow the
opaque form to be downloaded without the transparent form) or keep the
transparent form available for download at a publicly accessible location
for one year after the last distribution of the opaque form.

This seems moderately oppressive.  But assume that that's OK; there are
bigger problems.

From the GFDL:

A Transparent copy of the Document means a machine-readable copy,
represented in a format whose specification is available to the general
public, that is suitable for revising the document straightforwardly with
generic text editors or (for images composed of pixels) generic paint
programs or (for drawings) some widely available 

Re: The draft Position statement on the GFDL

2004-05-06 Thread Nathanael Nerode
Raul Miller wrote:

 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.

Well, if they had been, they should have said so.  But they didn't actually
say that.  They just said technical measures.  As far as I know, that
isn't restricted to less than its normal meaning in legalese.  In fact, it
appears to have been chosen by DMCA authors *because* of its broadness. 
It's an overly broad restriction.

snip
 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.
Oh.  Well, the GFDL with Invariant Sections requires bloat in distributed
binaries.

 However, for example, the DFSG doesn't require that bloat be removed
 from program sources.
snip

-- 
There are none so blind as those who will not see.



Re: Poly/ML license

2004-05-06 Thread MJ Ray

On 2004-05-16 10:41:11 +0100 Mahesh T. Pai [EMAIL PROTECTED] wrote:


This  is   void   in  most   jurisdictions  since   most
jurisdictions  require  that assignment  of  copyright  has  to be  in
writing. AFAIK,  English law too  requires assignment in  writing.


That is my understanding too. I was rather surprised by this clause.


Was this license really written by a qualified lawyer?


Yes, but I have tried to contact him recently and failed. I've 
exhausted the obvious online searches. If someone wants to hunt UK 
lawyers for free, please email me directly.


--
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: The draft Position statement on the GFDL

2004-05-06 Thread Nathanael Nerode
Don Armstrong wrote:
snip
 I'm not sure if it's been raised in the context of the DFSG, but as
 some people have been mixing and matching GFDLed works with GPLed
 works, or seem to want to, this was something that came up in
 discussion.
Since many of the affected GFDL works are documentation for GPLed programs,
it came up as something people actually wanted to do, a lot.

Last time I checked, nobody but the FSF could legally make modified versions
of the libstdc++-v3 manual, because it combined doxygen-generated material
from GPL source files with GFDL material.

-- 
There are none so blind as those who will not see.



Re: reiser4 non-free?

2004-05-06 Thread Brian Thomas Sniffen
Walter Landry [EMAIL PROTECTED] writes:

 David Masover [EMAIL PROTECTED] wrote:
 First and foremost:  Hans, this is your project.  Someone willing to
 replace entire APIs with things that feel like files is obviously not
 afraid of creating something new.  So at the end of the day, it
 shouldn't matter too much that it's in Debian Non-free, especially if
 (assuming I heard correctly) XFree86 is also non-free.

 People seem to be missing this issue, so I'll bring it up again.  The
 problem is not so much whether the license is free or not.  The
 problem is that it is incompatible with the GPL.  That means that
 Debian can't distribute it _at all_.  Not in main, not in non-free.
 Not at all.

 The license may be perfectly free (e.g. the IBM CPL), but if it is
 incompatible with the GPL, then Debian can't distribute it.

You're right, Walter, and thank you for the clarification.  To clarify
further, Debian can't distribute a derivative work of the Linux kernel
which is not licensed under the GPL.

-Brian

-- 
Brian Sniffen   [EMAIL PROTECTED]



Re: GFDL

2004-05-06 Thread Andrew Suffield
On Sun, May 16, 2004 at 04:32:46PM +0530, Mahesh T. Pai wrote:
 Several people in Debian (and outside it too) have other problems with
 the GFDL.  Such opinion typically  is that the GFDL  obstructs further
 copying  of the  copies you  *make*. These  people think  the  GFDL is
 written in English, which is a mistake.
 
 If you read the  GFDL in legalese, (and that is what  a court will do,
 if a dispute  arises), you will realise that the  GFDL does not oblige
 me to allow people access to a copy of a GFDL'd document I made for my
 use.   Therefore, I  am justified  in things  like using  an encrypted
 filesystem to store GFDL'd document.

Are you a lawyer, and does this constitute legal advice, such that if
you are proven wrong in a court of law, we can pass liability on to
you?

If not, you can take that assertion and stick it.

-- 
  .''`.  ** Debian GNU/Linux ** | Andrew Suffield
 : :' :  http://www.debian.org/ |
 `. `'  |
   `- --  |


signature.asc
Description: Digital signature


Re: Mass bug filing: Cryptographic protection against modification

2004-05-06 Thread Theodore Ts'o
On Thu, May 06, 2004 at 04:14:31AM -0400, Glenn Maynard wrote:
 
 I don't think it's so much that unmodifiable license texts are considered
 free, but that they're a necessary bit of non-freeness.
 
 As I've suggested, I don't think that this is necessarily completely true,
 considering the concepts of license terms and license texts separately.
 We must allow the implicit restriction you must not misrepresent the terms
 under which this work is licensed, which means that you can't take the GPL,
 modify it, and then claim that the Linux kernel is under your modified GPL.
 
 The license of the license is irrelevant--if the GPL was freely
 modifiable, you would still have to distribute the unmodified text,
 in order to accurately represent the licensing terms of the
 software.

Funny that, the standards communities make the exact same argument
about why you can't take a standards text, modify it, and then publish
it.  Even if you change the name, it causes major interoperability
problems --- what if there were ten different versions of the http
protocol out there, all with different standards documents blessing
them as legitimate?

Hence, standards bodies that state that out of policy reasons, if
someone wants to make a non-interoperable version of a protocol, they
should start from scratch and not be able to leverage the existing
work of the protocol specifications, are in many ways making the exact
same argument about why it is necessary to prevent someone from
using the GPL using it as a base, possibly stemming confusion in the
marketplace. 

(Your arguement that if someone could modify the a copy of the GPL and
hence modify the terms under which the kernel is distributed is
laughable, by the way; just as a contract doesn't change if someone
attempts to modify a paper copy of the contract, changing a copy of
the GPL would not change the terms under which existing code is
licensed.  The only argument for why it is necesssary that license
texts should be unmodifiable is to avoid confusion --- which is
EXACTLY why some standards bodies don't want randoms dicking about
with the definition of the http protocol, for example.)

So tell me again why the GPL text should be privileged?

- Ted



Re: The draft Position statement on the GFDL

2004-05-06 Thread Nathanael Nerode
Raul Miller wrote:

 On Sun, May 02, 2004 at 12:59:51PM -0700, Don Armstrong wrote:
snip

 I think the phrase technical measures in the GFDL refers to the concept
 discussed in this article from the WIPO copyright treaty:
 
Contracting Parties shall provide adequate legal protection and
effective legal remedies against the circumvention of effective
technological measures that are used by authors in connection with the
exercise of their rights under this Treaty or the Berne Convention
and that restrict acts, in respect of their works, which are not
authorized by the authors concerned or permitted by law.
Well, it might be intended to refer to this, but in the article above, it
says
techological measures...that are used by authors... that restrict acts
Technological measures in general is obviously a broad category, since it
is restricted by the two that clauses, which explain what sort of
measures they're talking about.

In the GFDL, it says ...technical measures to obstruct or control...[etc],
which seems to be the only restriction on what sort of technical measures
they're talking about.

 It's not clear to me why other kinds of technology (not associated
 with any sort of right to intellectual property) which prevent use or
 distribution should qualify as measures.

Well, they are actions which are taken to further a purpose, which is the
approximate meaning of measures.  If they are taken for reasons entirely
different from preventing reading or copying, perhaps the GFDL clause does
not apply.  Although I'm not sure whether the GFDL clause requires that
these measures prevent reading or copying as their *purpose* or whether
it's sufficient that they do so incidentally.

Anyway, chmod -r really has no purpose *other* than to prevent reading or
copying.  This is why it has become the canonical example.  Is it supposed
to be prohibited?

The contrast made by one person was that the GFDL prohibits distribution on
restricted media, period.  The GPL, in contrast, allows it as long as it's
accompanied by distribution on unencumbered media.

Anyway, we'd probably be willing to read most of this more generously if it
didn't apply to private copies, which is the core problem.  :-P

 When a user deletes a file, or ceases to provide power to the computer
 which holds the file, this certainly prevents reading of the file
 instance.  However the purpose of deleting the file or turning off the
 power is not to prevent unauthorized people from retaining copies.
 
 Technological measures, as I understand it, means there are people who
 do not have the right to see copies of the material in question, which
 the measures are designed to prevent.

 Mind you, my thinking might be flawed.  If so, I'd appreciate it if
 someone could spell out for me the relevant legal issues.
snip

 [*] Where the requirement for encryption or control has nothing to do with
 digital rights management.  This gets back to the question of whether or
 not non-rights management activities count as technological measures
 in the context of copyright.

I would assume that they do count in the context of a license.  A copyright
license can put perfectly arbitrary restrictions on your right to make
copies.  I see no reason to assume that the meaning of technical measures
in the GFDL is limited.  (Of course the scope of the clause is limited by
the phrase to obstruct or control the reading or further copying of the
copies you make or distribute, but that doesn't really help.)  I would
assume, barring legal advice, that us[ing] technical measures to obstruct
or control means precisely what it says.

It is possible that this phrasing implies the need for intent to obstruct or
control.  (I'm not sure.)  If so, it still prohibits 'chmod -r'.

snip
 Invariant Sections
  
  redistribution of derived works are allowed
 
 Redistribution of derived (or modified) works of specific sections are
 dissallowed. We have long held that licenses which require that
 specific parts of the functional work be unmodifiable are non-free
 because they violate DFSG §3.[3]
 
 It seems to me that it's DFSG §4 which deals with the unmodifiable
 sections issue.  DFSG §3 simply requires that derived works be
 redistributable and doesn't address any restrictions on the right to
 redistribute derived copies (such as GNU's restriction where people
 who don't distribute their own modificates to GPLed software under GPL
 compatible terms lose the right to distribute derived works).

No.  There are two issues: the right to create derived works and what
license the derived works may be distributed under.  The GFDL restricts the
right to *create* derived works.

Restrictions on the choice of license for the redistribution of the derived
works are generally allowed, provided they satisfy DFSG 3:
...and must allow them to be distributed under the same terms as the
license of the original software
(and DFSG 4, and the rest of the DFSG).

The GFDL does not 

Re: The draft Position statement on the GFDL

2004-05-06 Thread Raul Miller
On Thu, May 06, 2004 at 09:12:05AM -0400, Nathanael Nerode wrote:
 Make or distribute is the biggest problem here.  If it said make and
 distribute, you might be correct.  As it is actually written, it requires
 that you not place specific technical obstacles in the way of people
 reading or making copies of the copy you *make*, even if you don't
 distribute it at all.

Except, this is a copyright, and only capable of restricting things
copyrights can grant permission on.

It needs to be read with that in mind.

 From Manoj's draft postion statement:
 
 Matthew Garrett Notes:
  Awkward. Even if the Microsoft Word file format was well described, it
 would not be modifiable in a generic text editor. The GPL requires
 distribution of source in The preferred format for modification - the
 GFDL limits what that preferred form may be. The lack of definition of
 copy here makes things unclear - if my only source is a formatted Word
 document, does a plain text output of the contents qualify as a transparent
 version? Without clarification, this may prevent certain types of
 derivative work being produced, which would be a violation of DFSG 3. 

I don't see the problem here -- this seems to be an objection that the
GFDL shouldn't be used in some contexts where it's not being used.

If you've created the document in word, don't use the GFDL to license it.
If the document was created in some other format, then it wasn't created
in Word.

In other words: if you want to have new content, put it under a different
license, and if you want the compilation as a whole to be copyrighted
use a compilation copyright which also is not the GFDL.

So why is this a problem?

 This is the serious freeness issue with Transparent and Opaque formats;
 the overly specified definitions mean that certain types of documents don't
 appear to have any transparent formats (notably word processing files, even
 ones for Free word processors, and sound files of any sort).  Which makes
 it impossible to make certain kinds of derivative works.  :-P

Well, it's true that you can't produce DRM derived works -- that's pretty
much the point.

However, if you wanted to produce a word document which embedded some
GFDL content, it's probably worth noting that word offers a superset of
html, and html lets you put things in iframes.

If your objection is that someone could create a restricted capability
format which would not allow this kind of compilation, that's also true,
and I think that's about as noteworthy as the content licensed under the
GPL cannot be combined with content licensed under the TeX license issue.

That's not a problem that we have made any consistent effort to solve.

 Well, it allows some derived works, but not all.  Generally clause 3 has
 been interpreted to mean that the license must allow derived works in
 *general*, not merely certain derived works.

But we don't really do that.

Or maybe it is legal for me to combine incorporate metafont code into gcc?

 Interpreting it to allow licenses to contain arbitrary restrictions on what
 derived works are permitted would open up loopholes the size of whales. 
 For a quick example, it would immediately allow Sun's Java into main; it
 would allow all those other licenses which only permit conformant
 implementations; it would allow licenses which permitted derivative works
 to be made only for purposes of porting; etc.

I don't see that this needs to be that general.

 However, requiring that all derived works have a huge honking hunk of
 unmodifiable text in the middle of them, with a specific title, listed in
 the table of contents, untranslated, does not seem to be a reasonable
 restriction!

A key point here is that if the works are programs, DFSG#4 is relevant.

-- 
Raul



Re: The draft Position statement on the GFDL

2004-05-06 Thread Nathanael Nerode
Raul Miller wrote:

 On Sun, May 02, 2004 at 03:31:49PM -0700, Don Armstrong wrote:
 Not all jurisdictions have a concept of fair use, so licenses which
 rely upon such a concept generally are not free.
 
 Ah, this is key.
 
 I'm need to understand how it's possible to have copyright on computer
 programs in such a jurisdiction -- any copyright which restricts
 unauthorized copying, such as almost any commercial program, would seem
 to be unusable in that kind of jurisdiction.

There may be an explicit right to to make transitory copies a program solely
as part of the course of normal use of the program.  Which is very narrow.

Or you may need a license to copy, and your EULA may grant the right to copy
solely for that purpose.

snip
 Hmm...
 
 There seem to be two ways of reading §3:
 
  The license must allow modifications and derived works, and must
  allow them to be distributed under the same terms as the license
  of the original software.
 
 In one reading, the license must allow all modifications and derived
 works to be distributed, and §4 is an exception.
 
 In another reading, the license must allow some modifications and derived
 works to be distributed, and §4 is an additional constraint.

In another reading, the license must allow most modifications and derived
works to be distributed, with possible exceptions.  Section 4 can be an
exception or a constraint; your choice.  :-)  There are additional implied
exceptions; derived works can be required to carry accurate attribution,
for instance.  Since these are guidelines, and since they don't contain
phrases like All and 100%, but also don't contain phrases like Some
or A few, this seems like the right interpretation.

 
 This is an interesting ambiguity.
 
Indeed.

-- 
There are none so blind as those who will not see.



Re: The draft Position statement on the GFDL

2004-05-06 Thread Raul Miller
On Thu, May 06, 2004 at 09:18:00AM -0400, Nathanael Nerode wrote:
 Oh.  Well, the GFDL with Invariant Sections requires bloat in distributed
 binaries.

Where the GFDL is used to license programs, it's not something that we
can distribute under the DFSG.  [As this could require us to not fix
security problems.]

-- 
Raul



Re: The draft Position statement on the GFDL

2004-05-06 Thread Nathanael Nerode
Raul Miller wrote:

 On Sun, 02 May 2004, Raul Miller wrote:
  Can you point me at some jurisdiction where such copying is
  disallowed?
 
 On Sun, May 02, 2004 at 05:05:15PM -0700, Don Armstrong wrote:
 I have been told that the UK is one such jurisdiction, but I'm by no
 means expert (or even versed) in UK law.
 

http://lists.debian.org/debian-legal/2003/debian-legal-200309/msg00760.html
 
 talks about it a bit.
 
 Hmm... not much to go on.
 
 The only hint I see in the UK copyright law on how it deals with the
 routine copies which are necessary to use a file on a computer appears
 in Chapter VI (Presumptions).  Here, it uses the term copies to refer
 to ownership of a computer program:
 
 http://www.hmso.gov.uk/acts/acts1988/Ukpga_19880048_en_7.htm#mdiv105
 
 This language seems to indicate that in the UK, the owner of a computer
 program has a right to some set of copies.
 
 This is entirely supposition, unfortunately.  The details aren't spelled
 out anywhere I can find, but given that multiple copies is an accurate
 representation of what has to be the case in the use of a computer
 program, I find it easy to believe.
 
 However, I haven't been able to find anything in UK copyright law which
 would cause a problem for the user who has a GFDL licensed document
 named file where they issue the command chmod 0 file and the command
 completes without error.
 
 Jurisdictions with Droit d' auter may be others which don't have a
 concept of fair use (or have a limited concept.)
 
 I think the presence or absence of Fair Use is largely irrelevant in
 this context.  I believe all that's needed is that the country allow
 people to run legally owned computer programs.

Really?  How does that give any rights regarding the GFDL file?  You may
have the limited right, under copyright law, to make the copies which are
necessary to run chmod, but that doesn't help you when it comes to the
copyright of file.

 However, if there are countries which allow copyright restrictions on use
 -- where the owner of a program may control how a person uses a program
 (outside of redistribution) -- then this GFDL license might be a problem.
 
 Does anyone know of any such countries?  [If we do, they could serve as
 significant examples in a variety of other contexts as well.]
 
 Thanks,
 

-- 
There are none so blind as those who will not see.



Re: VOCAL (Vovidia Communications License)

2004-05-06 Thread Nathanael Nerode
Dan Weber wrote:

 I wanted to run this by you guys before I produced any packages that
 use this noting the sip library resiprocate which uses it.  The
 license is attached.

 * Redistribution and use in source and binary forms, with or without
 * modification, are permitted provided that the following conditions
 * are met:
 * 
 * 1. Redistributions of source code must retain the above copyright
 *notice, this list of conditions and the following disclaimer.
 * 
 * 2. Redistributions in binary form must reproduce the above copyright
 *notice, this list of conditions and the following disclaimer in
 *the documentation and/or other materials provided with the
 *distribution.
 * 
 * 3. The names VOCAL, Vovida Open Communication Application Library,
 *and Vovida Open Communication Application Library (VOCAL) must
 *not be used to endorse or promote products derived from this
 *software without prior written permission. For written
 *permission,[EMAIL PROTECTED]
These three are 3-clause BSD, which is fine.  Although clause 3 is silly,
since it's apparently a no-op.

 * 4. Products derived from this software may not be called VOCAL, nor
This is generally considered OK, although it's rather annoying; it's a
typical name-change requirement.

 *may VOCAL appear in their name,
This is the only questionable bit, since it's really a rather broad
restriction.  But I think it's DFSG-free enough, especially since vocal
or Vocal could still appear in the name.

 without prior written
 *permission of Vovida Networks, Inc.

You must be careful; your Debian package of this will almost certainly be a
derivative work (unless you don't need a diff at all, which is unlikely)
and so in order to satisfy clause 4, you need to make sure it isn't called
VOCAL and that VOCAL doesn't appear in its name.  This is obviously an
annoyance.

Clause 4 is not GPL-compatible, of course, in case you were wondering.

-- 
There are none so blind as those who will not see.



Re: Mass bug filing: Cryptographic protection against modification

2004-05-06 Thread Matthew Garrett
Theodor Ts'o wrote:

Hence, standards bodies that state that out of policy reasons, if
someone wants to make a non-interoperable version of a protocol, they
should start from scratch and not be able to leverage the existing
work of the protocol specifications, are in many ways making the exact
same argument about why it is necessary to prevent someone from
using the GPL using it as a base, possibly stemming confusion in the
marketplace. 

But the GPL is modifiable. The preamble isn't. Yes, it would be nice if
the preamble was.

So tell me again why the GPL text should be privileged?

Because without us distributing it, we can distribute no GPLed works.
This would make providing a Linux distribution rather difficult. Yes,
this is hypocrisy. We arguably should alter the social contract to say
Debian will remain entirely free (except for two or three text files
that we're required to distribute in order to actually be able to
distribute any software whatsoever), but it's not entirely clear how
that would actually benefit anyone. 

Reality currently requires that we distribute around 1K of unmodifiable
GPL preamble in order to be useful. That 1K buys us a lot. 1K gives us a
modifiable kernel and a modifiable basic userland. We could relax our
principles a little further and get a bunch of unmodifiable text files,
but the payoff is much smaller. I think the line's in the right place
now. In the end, even Debian is occasionally forced to bow to
pragmatism, and I think the GPL case is one where we have no choice. In
contrast, I don't think the GFDL/firmware/whatever cases are.

-- 
Matthew Garrett | [EMAIL PROTECTED]



Re: VOCAL (Vovidia Communications License)

2004-05-06 Thread Nathanael Nerode
Don Armstrong wrote:

 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.
Heh.  :-)

 [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.

I remember giving the Apache Foundation detailed amendments to 4d (which
they adopted) so as to make it non-objectionable.  I think it's
sufficiently free.  It's *very* narrowly tailored to forestall a lot of
problems, unlike similar clauses in other licenses.

Similarly for section 3; sentence 1 is a permission grant, while sentence 2
is very narrowly tailored to protect the freedom of the Work itself, rather
than just to attack software patents in general -- it prevents a particular
scheme which could otherwise be successfully used by a patent-holder to
make other people's work proprietary to the patent-holder.

-- 
There are none so blind as those who will not see.



Re: VOCAL (Vovidia Communications License)

2004-05-06 Thread Nathanael Nerode
Josh Triplett wrote:

 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; it seems a little
 overreaching. It prohibits code reuse with any projects with names like
 Vocal Minority or
 Vocalize.  (This isn't an objection; just curiosity.)
 
 The DFSG justification is based on DFSG 4, which states that The
 license may require derived works to carry a different name or version
 number from the original software.
Right.  That allows the requirement of not calling it VOCAL -- but not
including VOCAL in the name at all?

 As for _why_ we allow that, I think
 it is based on the idea of avoiding misrepresentation: anyone should be
 free to create a forked version of a piece of Free Software, but
 attempting to pass it off as the original is misrepresentation.  Users
 should always know what they are getting, and be able to make a reasoned
 choice as to where they get their software from.
 
 That said, I think putting such a _specific_ requirement about
 misrepresentation in the license, while still Free, is not a
 particularly good idea.  I am a big fan of licenses that state intent
 rather than mechanism.
I think all of debian-legal is.

Actually, it might be worth making a page of advice for license designers,
explaining basic principles like this, with examples.  (And examples of why
mechanism specification causes unintended trouble.)

  For example, contrast the GPL's preferred form
 for modification with the GFDL's Transparent and Opaque: the former
 states intent, while the latter states mechanism.  In this particular
 case, a condition that stated intent would be something like this (taken
 from the zlib license):
 Altered source versions must be plainly marked as such, and must
 not be misrepresented as being the original software.
Damn, that's a good one.

 
 - Josh Triplett

-- 
There are none so blind as those who will not see.



Re: Squeak in Debian?

2004-05-06 Thread Nathanael Nerode
Walter Landry wrote:

 Lex Spoon [EMAIL PROTECTED] wrote:
snip
 The permission that matters to us comes two sentences later:
 
 You may distribute and sublicense such Modified Software only under the
 terms of a valid, binding license that makes no representations or
 warranties on behalf of Apple, and is no less protective of Apple and
 Apple's rights than this License.
That's an only.  I read that as a restriction on the permissions granted
earlier, not as a separate grant of permission.  If it's a separate grant
of permission, it doesn't need the 'only'.

Then there's the question of what a binding license is; who is it supposed
to bind?  Shall we assume that it binds those who distribute only, in which
case it's all good?

 This suggests that we could distribute Squeak under any more
 restrictive license.  But it is rather vague.
 
 Regards,
 Walter Landry
 [EMAIL PROTECTED]

-- 
There are none so blind as those who will not see.



Re: VOCAL (Vovidia Communications License)

2004-05-06 Thread Nathanael Nerode
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; it seems a little
 overreaching. It prohibits code reuse with any projects with names like
 Vocal Minority or
 Vocalize.  (This isn't an objection; just curiosity.)

Well, I figured that it only applied to VOCAL with that capitalization,
which isn't as bad.

It's still an annoying and stupid clause, and they should be asked if they'd
be willing to remove the 'nor may VOCAL appear in their name' part.

-- 
There are none so blind as those who will not see.



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

2004-05-06 Thread Fabian Bastin

Thanks for your answer.

GPL-compatibility would be an interesting point, but the problem that we 
encounter is the GPL copyleft, which is very strong, due to the 
interpretation of the FSF concerning derivative works. Moreover this 
will be probably be enforced in GPL v3. It is annoying as soon as we 
would like to link our projects with free/open-source, but 
GPL-incompatible modules, for instance some libraries in CPL, for 
instance at http://www.coin-or.org. Therefore I would prefer to use a 
less-restrictive license, while ensuring some copyleft in the project, 
as does the LGPL. The OSL seems a good alternative (but again 
GPL-incompatible), since L. Rosen interprets derivative works in a more 
convenient way at my opinion. Unfortunately, we know the Debian position 
about OSL.


I could try to write a new license, but I think also that there are 
currently to many licenses, so I would prefer to use an existing one.


Fabian

Jeremy Hankins wrote:

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?




Re: reiser4 non-free?

2004-05-06 Thread Domenico Andreoli
On Thu, May 06, 2004 at 09:44:01AM -0400, Brian Thomas Sniffen wrote:
 Walter Landry [EMAIL PROTECTED] writes:
 
  David Masover [EMAIL PROTECTED] wrote:
  First and foremost:  Hans, this is your project.  Someone willing to
  replace entire APIs with things that feel like files is obviously not
  afraid of creating something new.  So at the end of the day, it
  shouldn't matter too much that it's in Debian Non-free, especially if
  (assuming I heard correctly) XFree86 is also non-free.
 
  People seem to be missing this issue, so I'll bring it up again.  The
  problem is not so much whether the license is free or not.  The
  problem is that it is incompatible with the GPL.  That means that
  Debian can't distribute it _at all_.  Not in main, not in non-free.
  Not at all.
 
  The license may be perfectly free (e.g. the IBM CPL), but if it is
  incompatible with the GPL, then Debian can't distribute it.
 
 You're right, Walter, and thank you for the clarification.  To clarify
 further, Debian can't distribute a derivative work of the Linux kernel
 which is not licensed under the GPL.

if linux kernel distributes itself such a derivative work why debian
can't?

-[ Domenico Andreoli, aka cavok
 --[ http://people.debian.org/~cavok/gpgkey.asc
   ---[ 3A0F 2F80 F79C 678A 8936  4FEE 0677 9033 A20E BC50



Re: Fwd: reiser4 non-free?

2004-05-06 Thread Martin Dickopp
Nathanael Nerode [EMAIL PROTECTED] writes:

 Burnes, James wrote:

 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.
 Nice idea.  I like it.  It's also a good way to put the copyright notices
 *into* the binaries, rather than merely next to them.  How about a standard
 ELF section for credits?  :-)

I like the idea as well.  FWIW, as an experimental implementation
attempt, I have just modified my own little program (jpegpixi, of which
I'm the upstream author; I'm not a DD) to put the copyright and license
information (i.e. the text which is normally output in reaction to the
--version command line option) in a separate ELF section .license.
The objcopy command can be used to dump and/or extract the contents of
this section.

Martin



Re: The draft Position statement on the GFDL

2004-05-06 Thread Raul Miller
On Thu, May 06, 2004 at 10:06:37AM -0400, Nathanael Nerode wrote:
 Really?  How does that give any rights regarding the GFDL file?  You may
 have the limited right, under copyright law, to make the copies which are
 necessary to run chmod, but that doesn't help you when it comes to the
 copyright of file.

I'm trying to envision the scenario you're concerned about.

I suspect this is because we have wildly different ideas about what it
is that we're talking about.

From my point of view: GFDL grants a number of rights, and retracts them
under certain circumstances.

I believe the circumstances it retracts them is when someone providing
a GFDL document attempts to control how someone else uses the copy.

From this point of view, complete and utter refusal to distribute a copy
(chmod -r) does not constitute control.

I appreciate that you think that chmod -r is control, but since (from
a user point of view) it's equivalent to not making the file available
for download I don't think that this is a meaningful point of view.

You might as well claim that deleting text from a region which is not
immutable constitutes control, that turning off the power to the machine
is control, that deleting the file is control or that compressing the
file is control.

Despite the fact that the copyright notices use the phrase technical
measures it is still a legal document.

That said -- I'm not trying to convince people that the GFDL as it
currently stands should be considered DFSG free.  I'm ambivalent about
that.  What I am trying to say is that some significant arguments against
the GFDL don't really make sense.

-- 
Raul



Re: reiser4 non-free?

2004-05-06 Thread Valdis . Kletnieks
On Thu, 06 May 2004 16:36:43 +0200, Domenico Andreoli said:

 if linux kernel distributes itself such a derivative work why debian
 can't?

What non-GPL derivative works ship with the kernel?  Even having
facilities to load *non-derivative* non-GPL microcode into adapters
is frowned on


pgpYBZEdxe7F2.pgp
Description: PGP signature


Re: reiser4 non-free?

2004-05-06 Thread Brian Thomas Sniffen
Domenico Andreoli [EMAIL PROTECTED] writes:

 On Thu, May 06, 2004 at 09:44:01AM -0400, Brian Thomas Sniffen wrote:
 Walter Landry [EMAIL PROTECTED] writes:
 
  David Masover [EMAIL PROTECTED] wrote:
  First and foremost:  Hans, this is your project.  Someone willing to
  replace entire APIs with things that feel like files is obviously not
  afraid of creating something new.  So at the end of the day, it
  shouldn't matter too much that it's in Debian Non-free, especially if
  (assuming I heard correctly) XFree86 is also non-free.
 
  People seem to be missing this issue, so I'll bring it up again.  The
  problem is not so much whether the license is free or not.  The
  problem is that it is incompatible with the GPL.  That means that
  Debian can't distribute it _at all_.  Not in main, not in non-free.
  Not at all.
 
  The license may be perfectly free (e.g. the IBM CPL), but if it is
  incompatible with the GPL, then Debian can't distribute it.
 
 You're right, Walter, and thank you for the clarification.  To clarify
 further, Debian can't distribute a derivative work of the Linux kernel
 which is not licensed under the GPL.

 if linux kernel distributes itself such a derivative work why debian
 can't?

Someone who is the sole copyright holder of the Linux Kernel can
distribute it linked with some other program which is not under a
GPL-compatible license.  But nobody is in that position.

It is not Debian's business to attempt to control what the kernel
folks do -- we're all grateful for shier contributions, and that's
about that.

Reiser can distribute his filesystem and tools, because they depend
only on components included with the OS, and others can redistribute
for the same reason -- but Debian, as an OS distributor, can't do
that.  It's part of why we require OpenSSL-targeted license extensions
from GPL'd work which links against libcrypto.

-Brian

-- 
Brian Sniffen   [EMAIL PROTECTED]



Re: reiser4 non-free?

2004-05-06 Thread Hans Reiser

I just modified the Reiser4 license to be the following:

The Anti-Plagiarism License

Pre-amble:

At the time of writing (2004), distros commonly remove, diminish, or obscure
the credits of original authors from many programs so as to ensure that the
user has brand awareness primarily of the distro. They have a strong
marketing incentive to do so, and there is no shame shown by them in the 
act.

This is a very real problem which has already affected many programs
(e.g. KDE, ReiserFS, many others). Western academia has a strong 
tradition of

opposing plagiarism, and there are good societal reasons for ensuring that
persons are known for what they have done with precision. Individual users
don't benefit as significantly from knowing who produced their software, and
so one cannot say that there is a market demand for better credits that is
sufficient to overpower the desire of the distros to be the only source 
users

know of to turn to for all their needs. While individuals may not be well
motivated to ensure prominent and full crediting, society as a whole is.
Crediting is a powerful incentive to produce good works, and many have 
written

about the power of fame as a motivator for producing free software. Society
needs accuracy in its recognition of its contributors.

The License: The Anti-plagiarism license is the Gnu Public License Version 2
with the following modification: you may not modify, remove, or obscure any
credits in the software unless your modification causes those credits to 
remain
equally prominent and to retain their wording. You are not required to 
display
the credits if the computer has no effective display mechanism, or if 
you do not

distribute the software to others.

FAQ:

Q: Will this license lead to ads?

A: No, credits describe the contribution made to a project. Ads describe a
product someone wants you to buy. Ads are not the same as credits, and their
preservation is not protected by this license.

Q: Can we the distro preserve the credits but send the credits to /dev/null.

A: No. How can you even ask such a question?

Q: Can I change the font? Can I move the credits to a different moment 
in the

user interaction to suit my installer?

A: Yes, if you make sure the credits make an equally effective/frequent
impression on the user. If you have doubts about whether your changes are
fair, be courteous and ask the author and you'll find that most authors are
reasonable.

Q: What in this license prevents persons from making their name display
excessively annoyingly throughout the running of the program? Isn't that a
flaw in the license?

A: The shovel doesn't stop the digger from creating a pit in the road that
endangers other people. The license is a tool. Whether you make an ass out
of yourself using it on the software you write is up to you. No compiler 
makes

broken programs work



Re: reiser4 non-free?

2004-05-06 Thread Miros/law Baran
[reiserfs-list removed from Cc:]

6.05.2004 pisze (głupio) Hans Reiser ([EMAIL PROTECTED]):

 I just modified the Reiser4 license to be the following:

 The Anti-Plagiarism License

[rant, irrelevant here, cut]

 The License: The Anti-plagiarism license is the Gnu Public License
 Version 2 with the following modification: you may not modify,
 remove, or obscure any credits in the software unless your
 modification causes those credits to remain equally prominent and to
 retain their wording. You are not required to display the credits if
 the computer has no effective display mechanism, or if you do not
 distribute the software to others.

So, just in this very moment you made Reiser4 undistributable with
Linux kernel by making it GPL incompatible. What an achievement!

Jubal

-- 
[ Miros/law L Baran, baran-at-knm-org-pl, neg IQ, cert AI ] [ 0101010 is ]
[ BOF2510053411, makabra.knm.org.pl/~baran/, alchemy pany ] [ The Answer ] 

   Proti mocným nikdo není dostatečně vyzbrojen.
   CONTRA POTENTES NEMO EST MUNITUS SATIS.



Re: reiser4 non-free?

2004-05-06 Thread Hans Reiser
I don't think my clarifications of what is a derivative work conflicted 
with the GPL, they merely make it less vague as to what is a derivative 
work.  The notion that if something is linked determines whether it is 
derivative has no basis in either copyright law or the GPL.  rms, 
correct me if you disagree.


Vagueness is not a benefit to a license, but in this aspect of the GPL 
it is curable only in specific to a particular program being licensed.  
It would be nice if the GPL explicitly allowed particular instances of 
it to specify what are derivative works with some clarity.  (Richard, 
please consider that.)


I can see that not very clever people who view the GPL as some sort of 
holy writ will make more of an issue out of it than I want to deal 
with.  So, as a result reiser4 plugins will always be compiled in and 
never dynamically loadable and the clarifications of what is or is not a 
derivative work have been removed for now.  Users and I will both lose 
as a result, and maybe some needless lawsuit will result at some time in 
the future that would have been avoided with clear definitions.


Hans



Re: reiser4 non-free?

2004-05-06 Thread Matthew Garrett
Hans Reiser wrote:
The License: The Anti-plagiarism license is the Gnu Public License Version 2
with the following modification: you may not modify, remove, or obscure any
credits in the software unless your modification causes those credits to 
remain
equally prominent and to retain their wording. You are not required to 
display
the credits if the computer has no effective display mechanism, or if 
you do not
distribute the software to others.

Ok, that's a restriction that's not present in the GPL version 2
(otherwise it wouldn't be necessary). Section 6 of the GPL says:

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

Which means that code under the Anti-plagiarism license is not GPL
compatible, since it imposes further restrictions. This would prevent
anyone from distributing it with their kernel. In order for it to be
distributable at all, you'd also need to demonstrate that it isn't a
derivative work of the Linux kernel.
-- 
Matthew Garrett | [EMAIL PROTECTED]



Re: Fwd: reiser4 non-free?

2004-05-06 Thread Hans Reiser

MJ Ray wrote:


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.


Show me the line in those credits where it said buy Coca-Cola cheaper 
here.  They were credits, not advertisements.




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.


Can you supply their full verbatim phrasing so that we can discuss it 
accurately? I'd like to understand whether your characterization is correct.




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.


You seem to understand the difference between credit and advertisement 
as advertisements are credits for those you dislike.  If they are 
putting their name on their software or its documentation, then surely 
it is a credit not an advertisement.




Re: Fwd: reiser4 non-free?

2004-05-06 Thread Hans Reiser

Joe Wreschnig wrote:


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.
 

Reiser4 prints them when you make a new filesystem, not when you use the 
filesystem.  We are not as aggressive as you imagine.  While I do 
personally think that boot time credits should be returned to existence, 
I am not asking for that.



We do follow that model, it does work, and it is the right thing to do.
 

Operas put the credits where they get seen.  Where a contributor is 
really significant to it happening, a theater group (little league 
baseball game, etc.) will mention on stage sometimes.




Re: reiser4 non-free?

2004-05-06 Thread Hans Reiser

Matthew Garrett wrote:


Hans Reiser wrote:
 


The License: The Anti-plagiarism license is the Gnu Public License Version 2
with the following modification: you may not modify, remove, or obscure any
credits in the software unless your modification causes those credits to 
remain
equally prominent and to retain their wording. You are not required to 
display
the credits if the computer has no effective display mechanism, or if 
you do not

distribute the software to others.
   



Ok, that's a restriction that's not present in the GPL version 2
(otherwise it wouldn't be necessary). Section 6 of the GPL says:

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

Which means that code under the Anti-plagiarism license is not GPL
compatible, since it imposes further restrictions. This would prevent
anyone from distributing it with their kernel. In order for it to be
distributable at all, you'd also need to demonstrate that it isn't a
derivative work of the Linux kernel.
 


The kernel portion is GPL V2, this is the progs license.



Re: Fwd: reiser4 non-free?

2004-05-06 Thread Nikita Danilov
Hans Reiser writes:
  MJ Ray wrote:
  
   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.
  
  Show me the line in those credits where it said buy Coca-Cola cheaper 
  here.  They were credits, not advertisements.

--
...
And my lawyer asked 'People pay you money for this?'.  Yup.  Hee Hee.
Life is good.  If you buy ReiserFS, you can focus on your value add
rather than reinventing an entire FS.  You should buy some free software
too
--

If these are credits, then Coca-cola is gpled. This is just _noise_,
spewed on each invocation.

  
  
   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.
  
  Can you supply their full verbatim phrasing so that we can discuss it 
  accurately? I'd like to understand whether your characterization is correct.
  
  
   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.
  
  You seem to understand the difference between credit and advertisement 
  as advertisements are credits for those you dislike.  If they are 
  putting their name on their software or its documentation, then surely 
  it is a credit not an advertisement.

Nikita.



Re: Fwd: reiser4 non-free?

2004-05-06 Thread Jamin W. Collins
On Thu, May 06, 2004 at 06:16:50PM +0200, Martin Dickopp wrote:
 Nathanael Nerode [EMAIL PROTECTED] writes:
 
  Burnes, James wrote:
 
  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.
  Nice idea.  I like it.  It's also a good way to put the copyright notices
  *into* the binaries, rather than merely next to them.  How about a standard
  ELF section for credits?  :-)
 
 I like the idea as well.  FWIW, as an experimental implementation
 attempt, I have just modified my own little program (jpegpixi, of which
 I'm the upstream author; I'm not a DD) to put the copyright and license
 information (i.e. the text which is normally output in reaction to the
 --version command line option) in a separate ELF section .license.
 The objcopy command can be used to dump and/or extract the contents of
 this section.

How much did this addition increase the size of the final binary?

Hypothetically, would you object to this information being stripped if
your binary were used on an embedded or low space device?

-- 
Jamin W. Collins

Never underestimate the power of very stupid people in large groups.
-- John Kenneth Galbraith



Re: Fwd: reiser4 non-free?

2004-05-06 Thread Hans Reiser

A typical example:

/sbin/mkreiserfs -V
mkreiserfs 3.6.9 (2003 www.namesys.com)

A pair of credits:
Alexander Zarochentcev  (zam)  wrote the high low priority locking code, 
online
resizer for V3 and V4, online repacker for V4, block allocation code, 
and major
parts of  the flush code,  and maintains the transaction manager code.  
We give
him the stuff  that we know will be hard to debug,  or needs to be very 
cleanly

structured.

BigStorage  (www.bigstorage.com)  contributes to our general fund  every 
month,

and has done so for quite a long time.

Nikita Danilov wrote:


Hans Reiser writes:
 MJ Ray wrote:
 
  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.
 
 Show me the line in those credits where it said buy Coca-Cola cheaper 
 here.  They were credits, not advertisements.


--
...
And my lawyer asked 'People pay you money for this?'.  Yup.  Hee Hee.
Life is good.  If you buy ReiserFS, you can focus on your value add
rather than reinventing an entire FS.  You should buy some free software
too
--

If these are credits, then Coca-cola is gpled. This is just _noise_,
spewed on each invocation.
 


Hmmm.  Ok, you are right, I should change the wording of that.

 
 
  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.
 
 Can you supply their full verbatim phrasing so that we can discuss it 
 accurately? I'd like to understand whether your characterization is correct.
 
 
  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.

 
 You seem to understand the difference between credit and advertisement 
 as advertisements are credits for those you dislike.  If they are 
 putting their name on their software or its documentation, then surely 
 it is a credit not an advertisement.


Nikita.


 





Debian: reiser4 non-DFSG-free. !?!

2004-05-06 Thread Humberto Massa

@ 06/05/2004 15:29 : wrote Hans Reiser :


I just modified the Reiser4 license to be the following:

The Anti-Plagiarism License
 


etc.

Mr. Heiser,

I am a software developer, a paralegal, and a Debian user. Recently, 
I've participated in various technical discussions in debian-devel and 
in various licensing discussions in -legal. While I have sent you, both 
by way of the lists and personally, some questions about the reasoning 
of your licenses, you have up to the present moment refrained to answer me.


I stated in those e-mails that I am a great admirer of your work. I 
stated, also, that I agree with your concerns about plagiarism. I said, 
moreover, that I think that your work and the other reiser[34] 
contributors' work is important. Important to Debian. Important to the 
Linux community. Important to the Linux users. It's certainly important 
to me.


What I don't understand is _why_ are you doing this in such a beligerant 
manner. I repeat: please, let's work our differences out. Let us reach 
consensus and move forward.


Reading all the lists archives and bug reports, it appears to me that 
(at least part of) the problem is the following: some of your filesystem 
utilities displayed, unconditionally, a big (by some measure, but 
greater than 3 lines) attribution of credits. This was too much to some 
package maintainers, and they transferred said text to a file in the 
documentation directory for the package. You filed a bug, the maintainer 
gave you the shoulder, flames ensued, etc.


I don't agree with you that this is plagiarism. I'm sorry to say, but, 
in my dictionary (and in the jurisdiction I live in) plagiarism would 
be, for instance, remove *all* the credit attributions in the packages, 
or substituting them for some credits crediting the wrong person or 
persons. In this case, here in Brasil at least, the person commiting 
such acts would be subject to one to four years in jail and a fine.


The legal part of this remembers me of another problem, with your old 
clarifications over the GPL and with your new Anti-Plagiarism License: 
it's a GPL-incompatible license ... for a work (reiser4) which is 
derived from a GPL'd work (linux).


This pretty much renders your product (reiser4) undistributable by any 
person other than yourself. And, in principle, even by yourself. And I 
think this is a very big loss.


About the credits: if the credits attribution is too long to fit by the 
standards of the package's maintainer (who is the proper authority in 
the case, seemingly), what other solution there is? Just putting a line 
like:


Many people contributed to this project. Please look: 
/usr/share/doc/reiserfsprogs/CREDITS.


is not enough? I mean, instead of the 20+ lines of the current display 
in dispute? As someone noticed in debian-legal, many people leave the 
theather before the credits roll. They know it's a (for instance) George 
Lucas' movie, but they won't know the name of the cameramen. Isn't it 
the same thing? If you want to see the credits, go and see them. It's 
not like Debian did make them disappear.


Now, I have only one question: is there a way you could back out in your 
opinion and return to the old licensing for your products, provided a 
consensus on moment and size of the credits attribution is reached? If 
the answer is yes, I volunteer to mediate the discussions between you 
and the affected package(s) maintainer(s).


--
best regards,
Humberto Massa



Re: Fwd: reiser4 non-free?

2004-05-06 Thread Hans Reiser

Vitaly, change the paragraph Nikita complained of to:

Continuing core development of ReiserFS is  mostly paid for by Hans 
Reiser from
money made selling licenses  in addition to the GPL to companies who 
don't want
it known that they use ReiserFS  as a foundation for their proprietary 
product.  We

thank those anonymous companies.  Hans Reiser and Namesys also perform
consulting to companies who miscellaneous kernel work done, and we thank 
those

companies also.

Nikita Danilov wrote:


Hans Reiser writes:
 MJ Ray wrote:
 
  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.
 
 Show me the line in those credits where it said buy Coca-Cola cheaper 
 here.  They were credits, not advertisements.


--
...
And my lawyer asked 'People pay you money for this?'.  Yup.  Hee Hee.
Life is good.  If you buy ReiserFS, you can focus on your value add
rather than reinventing an entire FS.  You should buy some free software
too
--

If these are credits, then Coca-cola is gpled. This is just _noise_,
spewed on each invocation.
 


Those sales make it possible every once in a long while to pay salaries

 
 
  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.
 
 Can you supply their full verbatim phrasing so that we can discuss it 
 accurately? I'd like to understand whether your characterization is correct.
 
 
  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.

 
 You seem to understand the difference between credit and advertisement 
 as advertisements are credits for those you dislike.  If they are 
 putting their name on their software or its documentation, then surely 
 it is a credit not an advertisement.


Nikita.


 





Re: reiser4 non-free?

2004-05-06 Thread Humberto Massa

@ 06/05/2004 15:29 : wrote Hans Reiser :


I just modified the Reiser4 license to be the following:

The Anti-Plagiarism License
 


etc.

Mr. Heiser,

I am a software developer, a paralegal, and a Debian user. Recently, 
I've participated in various technical discussions in debian-devel and 
in various licensing discussions in -legal. While I have sent you, both 
by way of the lists and personally, some questions about the reasoning 
of your licenses, you have up to the present moment refrained to answer me.


I stated in those e-mails that I am a great admirer of your work. I 
stated, also, that I agree with your concerns about plagiarism. I said, 
moreover, that I think that your work and the other reiser[34] 
contributors' work is important. Important to Debian. Important to the 
Linux community. Important to the Linux users. It's certainly important 
to me.


What I don't understand is _why_ are you doing this in such a beligerant 
manner. I repeat: please, let's work our differences out. Let us reach 
consensus and move forward.


Reading all the lists archives and bug reports, it appears to me that 
(at least part of) the problem is the following: some of your filesystem 
utilities displayed, unconditionally, a big (by some measure, but 
greater than 3 lines) attribution of credits. This was too much to some 
package maintainers, and they transferred said text to a file in the 
documentation directory for the package. You filed a bug, the maintainer 
gave you the shoulder, flames ensued, etc.


I don't agree with you that this is plagiarism. I'm sorry to say, but, 
in my dictionary (and in the jurisdiction I live in) plagiarism would 
be, for instance, remove *all* the credit attributions in the packages, 
or substituting them for some credits crediting the wrong person or 
persons. In this case, here in Brasil at least, the person commiting 
such acts would be subject to one to four years in jail and a fine.


The legal part of this remembers me of another problem, with your old 
clarifications over the GPL and with your new Anti-Plagiarism License: 
it's a GPL-incompatible license ... for a work (reiser4) which is 
derived from a GPL'd work (linux).


This pretty much renders your product (reiser4) undistributable by any 
person other than yourself. And, in principle, even by yourself. And I 
think this is a very big loss.


About the credits: if the credits attribution is too long to fit by the 
standards of the package's maintainer (who is the proper authority in 
the case, seemingly), what other solution there is? Just putting a line 
like:


Many people contributed to this project. Please look: 
/usr/share/doc/reiserfsprogs/CREDITS.


is not enough? I mean, instead of the 20+ lines of the current display 
in dispute? As someone noticed in debian-legal, many people leave the 
theather before the credits roll. They know it's a (for instance) George 
Lucas' movie, but they won't know the name of the cameramen. Isn't it 
the same thing? If you want to see the credits, go and see them. It's 
not like Debian did make them disappear.


Now, I have only one question: is there a way you could back out in your 
opinion and return to the old licensing for your products, provided a 
consensus on moment and size of the credits attribution is reached? If 
the answer is yes, I volunteer to mediate the discussions between you 
and the affected package(s) maintainer(s).


--
best regards,
Humberto Massa



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2004-05-06 Thread Susan Manuel

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Re: Debian: reiser4 non-DFSG-free. !?!

2004-05-06 Thread Hans Reiser

Another example:

[EMAIL PROTECTED]:~/reiser4progs-0.5.3 /sbin/mkreiserfs -V
mkreiserfs 3.6.9 (2003 www.namesys.com)

A pair of credits:
Edward Shushkin wrote the encryption and compression  file plugins,  and 
the V3

journal relocation code.

Vladimir Demidov wrote the parser for sys_reiser4(), the V3 alpha port, 
part of
the V3  journal  relocation code,  and helped  Hans keep  the business  
side of

things running.



Humberto Massa wrote:


@ 06/05/2004 15:29 : wrote Hans Reiser :


I just modified the Reiser4 license to be the following:

The Anti-Plagiarism License
 


etc.

Mr. Heiser,

I am a software developer, a paralegal, and a Debian user. Recently, 
I've participated in various technical discussions in debian-devel and 
in various licensing discussions in -legal. While I have sent you, 
both by way of the lists and personally, some questions about the 
reasoning of your licenses, you have up to the present moment 
refrained to answer me.


I stated in those e-mails that I am a great admirer of your work. I 
stated, also, that I agree with your concerns about plagiarism. I 
said, moreover, that I think that your work and the other reiser[34] 
contributors' work is important. Important to Debian. Important to the 
Linux community. Important to the Linux users. It's certainly 
important to me.


What I don't understand is _why_ are you doing this in such a 
beligerant manner. I repeat: please, let's work our differences out. 
Let us reach consensus and move forward.


Reading all the lists archives and bug reports, it appears to me that 
(at least part of) the problem is the following: some of your 
filesystem utilities displayed, unconditionally, a big (by some 
measure, but greater than 3 lines) attribution of credits. This was 
too much to some package maintainers, and they transferred said text 
to a file in the documentation directory for the package. You filed a 
bug, the maintainer gave you the shoulder, flames ensued, etc.


I don't agree with you that this is plagiarism. I'm sorry to say, but, 
in my dictionary (and in the jurisdiction I live in) plagiarism would 
be, for instance, remove *all* the credit attributions in the 
packages, or substituting them for some credits crediting the wrong 
person or persons. In this case, here in Brasil at least, the person 
commiting such acts would be subject to one to four years in jail and 
a fine.


The legal part of this remembers me of another problem, with your old 
clarifications over the GPL and with your new Anti-Plagiarism 
License: it's a GPL-incompatible license ... for a work (reiser4) 
which is derived from a GPL'd work (linux).


This pretty much renders your product (reiser4) undistributable by any 
person other than yourself. And, in principle, even by yourself. And I 
think this is a very big loss.


About the credits: if the credits attribution is too long to fit by 
the standards of the package's maintainer (who is the proper authority 
in the case, seemingly), what other solution there is? Just putting a 
line like:


Many people contributed to this project. Please look: 
/usr/share/doc/reiserfsprogs/CREDITS.


is not enough? I mean, instead of the 20+ lines of the current display 
in dispute? As someone noticed in debian-legal, many people leave the 
theather before the credits roll. They know it's a (for instance) 
George Lucas' movie, but they won't know the name of the cameramen. 
Isn't it the same thing? If you want to see the credits, go and see 
them. It's not like Debian did make them disappear.


Now, I have only one question: is there a way you could back out in 
your opinion and return to the old licensing for your products, 
provided a consensus on moment and size of the credits attribution is 
reached? If the answer is yes, I volunteer to mediate the discussions 
between you and the affected package(s) maintainer(s).



Try running mkreiserfs and seeing if it really is all that bad, ok?

Thanks for caring.

Hans



Re: Fwd: reiser4 non-free?

2004-05-06 Thread Hans Reiser

Jeremy Hankins wrote:



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.

 

Please consider my distinction between a credit (public television in 
the USA has them), and an ad (for profit broadcast television has them).


I don't find the credits annoying, I don't like the ads.  Maybe the 
broadcasters could make more effort to make the ads less annoying and 
more informative, but their sense of civic duty is too lacking.


I do like well funded television shows.



Re: reiser4 non-free?

2004-05-06 Thread Valdis . Kletnieks
On Thu, 06 May 2004 16:56:23 -0300, Humberto Massa said:

 It's the same case as Windows NDIS drivers loading on linux. They were 
 created in a different environment, and would exist as they are even if 
 linux did not exist. Provided GPL'd glue code, you can load them in the 
 linux kernel, and they are _not_ derivative works.

And in fact, the fact that the NDIS or NVidia drivers *did* start off as Windows
code and have a properly GPL'ed glue layer is the only reason why they're
tolerated at all by the kernel community.  Linus has said on several occasions
words to the effect that if NVidia hadn't convinced him that all of the closed
.o files were basically of Windows/other heritage, they'd have heard from a 
lawyer...


pgplmu10N0Osa.pgp
Description: PGP signature


Re: reiser4 non-free?

2004-05-06 Thread Stefan Traby
On Thu, May 06, 2004 at 11:41:02AM -0700, Hans Reiser wrote:
 I don't think my clarifications of what is a derivative work conflicted 
 with the GPL, they merely make it less vague as to what is a derivative 

clearifications are modifications to the license and thereof
not relevant and incompatible to GPL.

-- 

  ciao - 
Stefan



Re: Fwd: reiser4 non-free?

2004-05-06 Thread Chris Dukes
On Thu, May 06, 2004 at 12:34:46PM -0700, Hans Reiser wrote:
 Please consider my distinction between a credit (public television in 
 the USA has them), and an ad (for profit broadcast television has them).

Both are ads.  One just makes a poor attempt at failing to mention an
actual product making a credit on PBS nearly indistinguishable from
most pharmeceutical commercials.
 
 I don't find the credits annoying, I don't like the ads.  Maybe the 
 broadcasters could make more effort to make the ads less annoying and 
 more informative, but their sense of civic duty is too lacking.
 
 I do like well funded television shows.

Maybe if you'd watch more television instead of trying to be a lawyer
this thread could have died long ago.

I'll be blunt.
Your current shenanigans, including the misuse of the term plagiarism,
discourage me from recommending reiserfs and to strongly contemplate
removing it from systems I am responsible for.
I suspect that others have well, they just haven't bothered to tell you.

Your desire to advertise, advertise, and advertise runs contrary to the
Unix philosophy of Don't output a damn thing if it ran right, and 
frequently don't output a damn thing if it failed miserably.
I don't want to see your parp.

Your desire to tinker with the license flies in the face of the GPL.

If you're so damned sure that your desire to put advertising in the code
is right and won't alienate your users, get a lawyer that does software
licenses to draw up one to your specifications and kindly shut up until
you 
1) Get the license drafted
2) Get all of the reiserfs copyright holders to sign off on using the license.

As an alternative, perhaps you could talk with Theo DeRaadt about porting
Reiserfs to OpenBSD.

-- 
Chris Dukes
Been there, done that, got the slightly-charred t-shirt. -- Crowder



Re: Mass bug filing: Cryptographic protection against modification

2004-05-06 Thread Glenn Maynard
On Thu, May 06, 2004 at 09:33:23AM -0400, Theodore Ts'o wrote:
 Hence, standards bodies that state that out of policy reasons, if
 someone wants to make a non-interoperable version of a protocol, they
 should start from scratch and not be able to leverage the existing
 work of the protocol specifications, are in many ways making the exact
 same argument about why it is necessary to prevent someone from
 using the GPL using it as a base, possibly stemming confusion in the
 marketplace. 

I don't quite understand how you're disagreeing with me.

I'm arguing that license texts *can* be placed under freely modifiable
metalicenses.  The result is that you still have to include the original,
unmodified text when distributing other people's software, but you can
use the modified text for your own software.

For example, I can modify the GPL[1], and distribute my own software under
that license.  If I distribute the Linux kernel, however, I must include
the original GPL with it, or I may be misrepresenting the terms of the
license.

I'm arguing that unmodifiable license texts *are* DFSG-unfree, and that
we don't necessarily have to make an exception for them to be consistent
with the nature of the legal system.

We *do* make an exception for them, and I don't think this is a problem;
I just don't think the we have no choice due to the legal system's design
is correct rationale.  (An alternative rationale is beyond the scope of
this argument, of course.)

(Confusion isn't an element in my argument; if you want to prevent
confusion, you can say if you modify the GPL, rename it--which the
FSF does say, in fact--just as you can say if you modify RFC 12345,
don't call it RFC 12345.)

 (Your arguement that if someone could modify the a copy of the GPL and
 hence modify the terms under which the kernel is distributed is
 laughable, by the way; just as a contract doesn't change if someone

I didn't claim that you'd be modifying the terms under which the kernel
is distributed.  (That'd be stupid.)  I'm saying that if you modify the
GPL, replace the text of the GPL inside the kernel source with your
modified copy, and distribute the result, you're *misrepresenting* the
actual terms of the software.

I think this is analogous to taking the kernel source, changing all
of the names inside it to your own, and distributing it.  You'd be
misrepresenting the authorship of the work.

[1] ignoring any arguments about the actual modifiability of the GPL for
the sake of discussion

-- 
Glenn Maynard



Re: Fwd: reiser4 non-free?

2004-05-06 Thread Hans Reiser

Chris Dukes wrote:



2) Get all of the reiserfs copyright holders to sign off on using the license.
 


I have licensing rights to all of reiserfs in all versions.



Re: reiser4 non-free?

2004-05-06 Thread Humberto Massa

@ 06/05/2004 15:56 : wrote Hans Reiser :


I don't think my clarifications of what is a derivative work conflicted
with the GPL, they merely make it less vague as to what is a derivative 
work.  The notion that if something is linked determines whether it is 
derivative has no basis in either copyright law or the GPL.  rms, 
correct me if you disagree.
 

In Brazilian copyright law, a derivative work has a simple definition: 
the work achieved by some transformation of the original work, but is a 
novel intellectual creation in itself.


Even the GPL is excessively verbose about what a derivative work is, and 
some of it contradicts the various copyright laws in a lot of 
jurisdictions. What I'm trying to say is: please don't. Solve the 
credits problem in any other way. I would be glad to help you. I care. 
Really.


Vagueness is not a benefit to a license, but in this aspect of the GPL 
it is curable only in specific to a particular program being licensed.  
It would be nice if the GPL explicitly allowed particular instances of 
it to specify what are derivative works with some clarity.  (Richard, 
please consider that.)
 

But, it currently does not. It currently (and, in the case of the linux 
kernel, forever -- the linux kernel is licensed by GPL V2 only, not 
later) forbids aditional restrictions. It already places some 
restrictions, even on what is to be considered a derived work, which is 
a little bit out of its reach. If your work is a derived work (and I'm 
assuming reiser4, for instance, is a derived work of the linux kernel), 
Debian could only distribute it if it's licensed under the GPL V2 -- and 
no aditional restrictions, as per the GPL text itself.


Here is the text of the GPL, section 6, with my coments between {{}}:
*6.* Each time you redistribute the Program (or {{ in this case, reiser4 
}} any work based on the Program {{ linux }} ), the recipient 
automatically receives a license from the original licensor to copy, 
distribute or modify the Program subject to these terms and conditions. 
{{ important part: }} You may not impose any further restrictions on the 
recipients' exercise of the rights granted herein {{ which include, for 
example, moving printf-credits to some-file-credits }}. You are not 
responsible for enforcing compliance by third parties to this License.


I can see that not very clever people who view the GPL as some sort of 
holy writ will make more of an issue out of it than I want to deal 
with.  So, as a result reiser4 plugins will always be compiled in and 
never dynamically loadable and the clarifications of what is or is not a
derivative work have been removed for now.  Users and I will both lose 
as a result, and maybe some needless lawsuit will result at some time in

the future that would have been avoided with clear definitions.
 

This seems to be unnecessary: in this case, specifically, if reiser4 
plugins were or not derived works of reiser4, is settled even without 
the clarifications -- they are. Rule of thumb to derived works: could 
them (plugins) be created (as they are, not in a different way) if the 
original work (reiser4) was not created? Yes = derived; no = original. 
Likewise, could reiser4 be created as it is now, had linux not been 
created? Yes = reiser4 is a derived work on linux; no = it's an original 
work.


It's the same case as Windows NDIS drivers loading on linux. They were 
created in a different environment, and would exist as they are even if 
linux did not exist. Provided GPL'd glue code, you can load them in the 
linux kernel, and they are _not_ derivative works. This wouldn't happen 
with reiser4 plugins... unless, of course, someone took, for instance, 
NTFS plugins (if those ever come to existence) and put some (GPL'd) glue 
code to load them as reiser4 plugins (this would not render the 
previously-non-derived NTFS plugins in derived code from reiser4.)



Hans
 

I renew my plea for a peaceful and consensual resolution of these 
matters. Thank you, and please keep up the good work in the filesystems.


--
best regards,
Humberto Massa



Re: Fwd: reiser4 non-free?

2004-05-06 Thread Chris Dukes
On Thu, May 06, 2004 at 12:54:22PM -0700, Hans Reiser wrote:
 Chris Dukes wrote:
 
 
 2) Get all of the reiserfs copyright holders to sign off on using the 
 license.
  
 
 I have licensing rights to all of reiserfs in all versions.

You do not have copyright on code contributions that came from outside
of namesys, unless the copyright was released to you by the author.

You currently have licensing rights under GPL2 over all of that code.

As I said, shutup and talk with a lawyer.

-- 
Chris Dukes
Been there, done that, got the slightly-charred t-shirt. -- Crowder



Re: VOCAL (Vovidia Communications License)

2004-05-06 Thread Glenn Maynard
On Thu, May 06, 2004 at 10:20:38AM -0400, Nathanael Nerode wrote:
 Well, I figured that it only applied to VOCAL with that capitalization,
 which isn't as bad.

Well, I don't claim to know whether this clause means grep -i, grep
-w, or both ... :)  (Which, incidentally, is why I included the Vocal
Minority example, though I didn't think about capitalization.)

(I suspect the original author might have problems with people renaming
the software to Vocal and claiming that's distinct from VOCAL, though.)

-- 
Glenn Maynard



Re: reiser4 non-free?

2004-05-06 Thread Hans Reiser

Humberto Massa wrote:

 (and I'm assuming reiser4, for instance, is a derived work of the 
linux kernel),


ReiserFS is not, it was created with the intent to port to other 
operating systems, and at least one of our customers has done so for V3, 
and I hope/expect others and I will do so for V4.


While I agree that Reiser4 plugins would be considered derived works 
legally, I think that unless the language is clear people will attempt 
to apply the linker rule to them (which has no legal basis but is what 
people act on).   Lawsuits against persons who had different 
interpretations waste money.







I renew my plea for a peaceful and consensual resolution of these 
matters. Thank you, and please keep up the good work in the filesystems.



I hope you get your wishes in the matter.



Re: Fwd: reiser4 non-free?

2004-05-06 Thread Hans Reiser

Chris Dukes wrote:


On Thu, May 06, 2004 at 12:54:22PM -0700, Hans Reiser wrote:
 


Chris Dukes wrote:

   

2) Get all of the reiserfs copyright holders to sign off on using the 
license.



 


I have licensing rights to all of reiserfs in all versions.
   



You do not have copyright on code contributions that came from outside
of namesys, unless the copyright was released to you by the author.
 


It was.  Lawyer wrote the agreements.  Please go away.


You currently have licensing rights under GPL2 over all of that code.

As I said, shutup and talk with a lawyer.

 





Re: reiser4 non-free?

2004-05-06 Thread Narcoleptic Electron
Humberto Massa wrote: 

 Rule of thumb to
 derived works: could 
 them (plugins) be created (as they are, not in a
 different way) if the 
 original work (reiser4) was not created? Yes =
 derived; no = original. 

I believe that is incorrect.  It should be: yes =
original; no = derived.

 Likewise, could reiser4 be created as it is now, had
 linux not been 
 created? Yes = reiser4 is a derived work on linux;
 no = it's an original 
 work.

Again, that should be: yes = it's an original work; no
= reiser4 is a derived work on linux.



__ 
Post your free ad now! http://personals.yahoo.ca



Re: reiser4 non-free?

2004-05-06 Thread Humberto Massa

@ 06/05/2004 17:03 : wrote Narcoleptic Electron :

Humberto Massa wrote: 

 


Rule of thumb to
derived works: could 
them (plugins) be created (as they are, not in a
different way) if the 
original work (reiser4) was not created? Yes =
derived; no = original. 
   



I believe that is incorrect.  It should be: yes =
original; no = derived.

 


Likewise, could reiser4 be created as it is now, had
linux not been 
created? Yes = reiser4 is a derived work on linux;
no = it's an original 
work.
   



Again, that should be: yes = it's an original work; no
= reiser4 is a derived work on linux.
 

You're right in both accounts. It's 5:15 pm, I'm tired and I want to go 
home. :-)


--
br,M



Re: Mass bug filing: Cryptographic protection against modification

2004-05-06 Thread Glenn Maynard
On Thu, May 06, 2004 at 05:42:45PM +0200, Eike zyro Sauer wrote:
 This makes it as unfree or free as GFDLed documents.

We allow non-modifiable license texts, so we should allow other texts to
be unmodifiable, too!

Stop trying to use license texts as a wedge to get other non-free software
into the archive.  It's tiresome and unconvincing.

 PS: Sorry, gmane doesn't allow me to crosspost.

Then stop using gmane.  Maintaining crossposting is fundamental.  My mailer
is broken is not an excuse for breaking conversations.

-- 
Glenn Maynard



Re: Fwd: reiser4 non-free?

2004-05-06 Thread Martin Dickopp
Jamin W. Collins [EMAIL PROTECTED] writes:

 On Thu, May 06, 2004 at 06:16:50PM +0200, Martin Dickopp wrote:
 Nathanael Nerode [EMAIL PROTECTED] writes:
 
  Burnes, James wrote:
 
  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.
  Nice idea.  I like it.  It's also a good way to put the copyright notices
  *into* the binaries, rather than merely next to them.  How about a standard
  ELF section for credits?  :-)
 
 I like the idea as well.  FWIW, as an experimental implementation
 attempt, I have just modified my own little program (jpegpixi, of which
 I'm the upstream author; I'm not a DD) to put the copyright and license
 information (i.e. the text which is normally output in reaction to the
 --version command line option) in a separate ELF section .license.
 The objcopy command can be used to dump and/or extract the contents of
 this section.

 How much did this addition increase the size of the final binary?

It is not really an addition, because the text was there before, just
not in a separate section.  The --version command line option still
displays the same text, although it is now in a separate section.  The
main benefit of the current experimental implementation is that a shell
script (e.g. a one line objcopy wrapper) could also access the text
(given only the binary file).

To answer your question, the new section increases the binary file size
by 48 bytes, which is probably due to the additional ELF header.

 Hypothetically, would you object to this information being stripped if
 your binary were used on an embedded or low space device?

No, I wouldn't.  Frankly, I don't see how I could without introducing
additional restrictions to the GPL.  The result of stripping the section
is no different from removing the text from the source and recompiling.

Technically, if stripping the section is an option, IMHO the program
should be changed to react sensibly if it is invoked with the --version
command line option and the section is absent.

Martin


PS: If people are interested in exploring this further, should the
discussion be moved to a technical list (e.g. -devel)?



Re: Debian: reiser4 non-DFSG-free. !?!

2004-05-06 Thread Humberto Massa

@ 06/05/2004 16:52 : wrote Hans Reiser :


Another example:

 


snikt


Try running mkreiserfs and seeing if it really is all that bad, ok?
 

While I _don't_ think it is all that bad, as I told you, the proper 
authority in this case is the package maintainer(s). I'll try to contact 
him/her/them and come with some solution.



Thanks for caring.

Hans
 




--
best regards, Massa



Re: Fwd: reiser4 non-free?

2004-05-06 Thread MJ Ray

On 2004-05-06 19:53:10 +0100 Hans Reiser [EMAIL PROTECTED] wrote:

Show me the line in those credits where it said buy Coca-Cola 
cheaper here. 
They were credits, not advertisements.


Someone else has given the most extreme example of this. I thank them.

Can you supply their full verbatim phrasing so that we can discuss it 
accurately? I'd like to understand whether your characterization is 
correct.


Please take it up in an XFree86 thread. It has little to do with your 
problems.


You seem to understand the difference between credit and 
advertisement as 
advertisements are credits for those you dislike.


You seem to understand the difference between modification and 
plagiarism as plagiarism is a modification that you dislike because it 
doesn't praise you enough.


If they are putting their 
name on their software or its documentation, then surely it is a 
credit not 
an advertisement.


They are putting their name in other people's software and 
documentation too.


I thank others for continuing to point out your errors. I have a 
conference schedule to organise and papers to write, which are both 
preferable to a seemingly endless debate with an extremely hostile 
opponent of debian contributors.


I really hope that other filesystems replace yours if you won't get 
clue.


--
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: GFDL

2004-05-06 Thread MJ Ray

On 2004-05-16 12:02:46 +0100 Mahesh T. Pai [EMAIL PROTECTED] wrote:


FSF  has  very valid  points  in  having  invariant sections,  because
invariant sections, as used by FSF  serve a very useful purpose. (I am
an  example  of  how  these  invariant  sections  introduce  -  rather
enlighten - people  about freedom.)


What did you read? Did you obtain it directly from FSF? Would it have 
been less or more enlightening if you had the freedom to edit it?


Maybe their aim is noble, but I believe their method is wrong. This 
seems to be a frequent problem, not just in free software, but in many 
walks of life. It is similar to the arguments over whether nuclear 
weapon proliferation causes peace (because everyone is too scared to 
attack each other) or danger (because there is more chance of a 
mistake). How far should we restrict people's freedom in order to 
promote freedom?


I am not sure this question is ever going to reach consensus, but I 
feel that the FSF does not currently represent my view on software in 
general. At least we seem to agree on programs, which is still 
something to be happy with.


I think your sees and says often misrepresent positions. It is 
better not to put too many words in people's mouths. It detracts from 
your generally thoughtful message.



RMS informed me when he was here (in January) that (1) he is not aware
of this  committee, (2) he sees  no problem with  the GFDL. Obviously,
the communication `gap' still persists.


This is worrying, but not insurmountable.

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

2004-05-06 Thread Francesco Poli
On Fri, 30 Apr 2004 10:44:46 +0200 Andreas Barth wrote:

 I'm just preparing a summary of the three example licenses GPL, BSD
 and artistic, so that we can add these also on this page. Also, Frank
 is about to summarize older discussions.

Good job!
I think that having clear statements even on well-known licenses
(such as the GNU GPL) is very important and useful.
Summaries of other non-recent d-l discussions are very much appreciated,
as well.

-- 
 |  GnuPG Key ID = DD6DFCF4 | You're compiling a program
  Francesco  |Key fingerprint = | and, all of a sudden, boom!
 Poli| C979 F34B 27CE 5CD8 DC12 | -- from APT HOWTO,
 | 31B5 78F4 279B DD6D FCF4 | version 1.8.0


pgp6z4J3rKhss.pgp
Description: PGP signature


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

2004-05-06 Thread Francesco Poli
On Sun, 2 May 2004 02:38:13 +0200 Frank Lichtenheld wrote:

 Further license summaries will be included soon,

Great! Your job is really appreciated!
We Debian enthusiasts have our own list of licenses, at last!  :-)

-- 
 |  GnuPG Key ID = DD6DFCF4 | You're compiling a program
  Francesco  |Key fingerprint = | and, all of a sudden, boom!
 Poli| C979 F34B 27CE 5CD8 DC12 | -- from APT HOWTO,
 | 31B5 78F4 279B DD6D FCF4 | version 1.8.0


pgpmzJPb8eFoe.pgp
Description: PGP signature


Re: reiser4 non-free?

2004-05-06 Thread Brian Thomas Sniffen
Hans Reiser [EMAIL PROTECTED] writes:

 I just modified the Reiser4 license to be the following:

 The License: The Anti-plagiarism license is the Gnu Public License
 Version 2 with the following modification: you may not modify,
 remove, or obscure any credits in the software unless your
 modification causes those credits to remain equally prominent and to
 retain their wording. You are not required to display the credits if
 the computer has no effective display mechanism, or if you do not
 distribute the software to others.

You do realize that this is not GPL compatible, and so works
derivative of the Linux kernel cannot be meaningfully licensed
under it, and works licensed under it cannot be shipped linked to any
GPL'd works, right?

That's not the end of the world, but it's worth making clear. 
There are a couple of other problems with this license.  For example,
what if there is a display mechanism but I must pay an exorbitant
amount to use it?  Say, I'm doing mkreiserfs on the London Stock
Exchange ticker's main display.  Sure, that's a ridiculous case, but
a teletype where the user pays by the byte is not.  Can you restrict
this to works used interactively?  That's an intentionally different
phrasing than the GPLv2's -- and intentionally captures programs like
mkfs, which are not themselves interactive, but which are used in an
interactive way.

Also, as written the license prohibits me from stripping the credits
out of my own copy if I also, separately, distribute the unmodified
code.  I don't think that's what you meant -- is it?

Also, I may not, as written, translate the credits into another
language, since that changes their wording.

With those serious questions about the license out of the way, I
descend to the Faq, which obscures more than it clarifies:

 FAQ:

 Q: Will this license lead to ads?

 A: No, credits describe the contribution made to a project. Ads describe a
 product someone wants you to buy. Ads are not the same as credits, and their
 preservation is not protected by this license.

Debian's going to have to look really, really closely at every release
of every piece of software under this license, then, and risk an
argument -- in a courtroom -- with a copyright holder who considers
some line to be a credit, or insufficiently prominent in its modified
form.

For example, moving a credit from mkfs to an installer reduces its
frequency, as at least one fs is made per install, but other
filesystems may be made.

 Q: Can we the distro preserve the credits but send the credits to /dev/null.

 A: No. How can you even ask such a question?

How about e-mailing them to root?  How about providing a --no-credits switch?
How about making it on by default?

I expect the answers to be Yes, Yes, No, but I certainly can't read
your mind.  This license is very, very vague about what is allowed and
what is not -- normally not so bad, since there's a big clear zone of
what's allowed, but the line of what's Free and what's not is right
through the middle of the murky zone.  Whether this is a Free license,
then, depends very heavily on the licensor.  That's awfully
inconvenient, from a distributor's point of view.

 Q: Can I change the font? Can I move the credits to a different moment
 in the
 user interaction to suit my installer?

 A: Yes, if you make sure the credits make an equally effective/frequent
 impression on the user. If you have doubts about whether your changes are
 fair, be courteous and ask the author and you'll find that most authors are
 reasonable.

 Q: What in this license prevents persons from making their name display
 excessively annoyingly throughout the running of the program? Isn't that a
 flaw in the license?

 A: The shovel doesn't stop the digger from creating a pit in the
 road that endangers other people. The license is a tool. Whether you
 make an ass out of yourself using it on the software you write is up
 to you. No compiler makes broken programs work

In other words, some works under this license are free (for example,
one containing no credits but the copyright notice) and others are
non-free.


-- 
Brian Sniffen   [EMAIL PROTECTED]



Re: reiser4 non-free?

2004-05-06 Thread Steve Langasek
On Thu, May 06, 2004 at 11:59:23AM -0700, Hans Reiser wrote:
 The License: The Anti-plagiarism license is the Gnu Public License 
 Version 2
 with the following modification: you may not modify, remove, or obscure 
 any
 credits in the software unless your modification causes those credits to 
 remain
 equally prominent and to retain their wording. You are not required to 
 display
 the credits if the computer has no effective display mechanism, or if 
 you do not
 distribute the software to others.

 Ok, that's a restriction that's not present in the GPL version 2
 (otherwise it wouldn't be necessary). Section 6 of the GPL says:

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

 Which means that code under the Anti-plagiarism license is not GPL
 compatible, since it imposes further restrictions. This would prevent
 anyone from distributing it with their kernel. In order for it to be
 distributable at all, you'd also need to demonstrate that it isn't a
 derivative work of the Linux kernel.

 The kernel portion is GPL V2, this is the progs license.

Which does appear to preserve distributability of both parts.

-- 
Steve Langasek
postmodern programmer


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Description: Digital signature


Re: reiser4 non-free?

2004-05-06 Thread Brian Thomas Sniffen
Hans Reiser [EMAIL PROTECTED] writes:

 The kernel portion is GPL V2, this is the progs license.

Oh!  That makes many things more clear.  I know I've been assuming
reiser4 non-free meant the filesystem, not the reference tools which
manipulate it.  So somebody else can reimplement them in free
versions, writing from the specification.  Eugh, what a pain, and what
a waste, redoing all that work, but it's at least feasible.

-Brian

-- 
Brian Sniffen   [EMAIL PROTECTED]



Re: Fwd: reiser4 non-free?

2004-05-06 Thread Brian Thomas Sniffen
MJ Ray [EMAIL PROTECTED] writes:

 You seem to understand the difference between credit and
 advertisement as advertisements are credits for those you dislike.

 You seem to understand the difference between modification and
 plagiarism as plagiarism is a modification that you dislike because it
 doesn't praise you enough.

To be fair, these credits really do seem to be for others.  Some of
them are credits *and* ads, and at least one is an ad for work for
Hans Reiser and Namesys, but they are credits as well, and most of
them for other people.

-Brian

-- 
Brian Sniffen   [EMAIL PROTECTED]



Re: reiser4 non-free?

2004-05-06 Thread Matthew Palmer
On Thu, May 06, 2004 at 11:10:32AM -0700, Hans Reiser wrote:
 The Anti-Plagiarism License

[...]

 with the following modification: you may not modify, remove, or obscure any
 credits in the software unless your modification causes those credits to 

This licence would benefit greatly from a definition of Credits. 
Considering that there have already been misunderstandings about Ads vs
Credits (which you attempt to dispel in the FAQ, but which confuse me
further), and different ideas about what exactly is a credit, you really do
need to tighten that up somewhat.  Yes, you can ask the author, but if
this licence becomes widely used, can you imagine asking the author(s), for
every new version they release, what the credits are?  Do you really want
N+1 distributions all e-mailing you for every release with their credits
questions?

You could go GFDL and define the exact wording of your desired credits in
the licence, but then it would involve a licence change to change the
credits -- which if you've got parts licenced by different people under a
particular form of credits in the work, will require a new licence grant by
them, unless you word the licence in such a way that new credits can be
added to the licence without mucking up old ones.

 Q: Can we the distro preserve the credits but send the credits to /dev/null.
 
 A: No. How can you even ask such a question?

Q: Can we the distro send the credits to another virtual console other than
the one the user is currently looking at?

Likely Answer: No.  How can you even ask such a question?

Actual answer: ???

Q: Must we then force the user to stay on the virtual console which the
credits are displayed until the notice has finished displaying?

Likely Answer: No.

Actual Answer: ???

Q: Where is the limit between displaying the credits where the user won't
necessarily see them, and forcing the user to read them?

Likely Answer: Umm...

Actual Answer: ???

These are all line in the sand questions which need to be answered.  If
distros are desiring to re-brand you (or rather, your contibutors) out of
the equation, they will likely be looking for where the line is, and how far
they can redraw it in their favour while you're not looking.  I'd imagine
that if you don't embed the line in concrete and bolt it down, it'll end up
somewhere you don't expect.  So you really have to tighten up your wording.

I'm not against what you're trying to accomplish - I like to be attributed
for my work, too.  I've never noticed any instances where I've not been
properly attributed in my work on an OSS project, and in fact I've been
surprised several times by the prominence others have given my name for work
I have done.

I've relied on human kindness thus far, and it's worked pretty well for me,
so perhaps my naivete is showing a little... That being said, as far as I
know my work doesn't form a fairly important part of *any* distribution
(Debian or otherwise).

There's something I haven't seen answered in this thread or the other
recurring ones on the same topic: have you ever actually made a formal
request to any of the distributions which have butchered your credits to
reinstate them?  If so, what was the response?  If not, why not, especially
since you advocate distributors asking authors what is appropriate?

- Matt



Re: Fwd: reiser4 non-free?

2004-05-06 Thread MJ Ray
On 2004-05-07 00:21:32 +0100 Brian Thomas Sniffen [EMAIL PROTECTED] 
wrote:



MJ Ray [EMAIL PROTECTED] writes:

You seem to understand the difference between modification and
plagiarism as plagiarism is a modification that you dislike because 
it

doesn't praise you enough.

To be fair, these credits really do seem to be for others.


Please excuse my bad phrasing. That last you was reiserfs 
developers or similar. As I said, I am busy. Not an excuse, but an 
explanation.


--
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: Debian: reiser4 non-DFSG-free. !?!

2004-05-06 Thread Matthew Palmer
On Thu, May 06, 2004 at 12:26:05PM -0700, Hans Reiser wrote:
 Another example:
 
 [EMAIL PROTECTED]:~/reiser4progs-0.5.3 /sbin/mkreiserfs -V
 mkreiserfs 3.6.9 (2003 www.namesys.com)
 
 A pair of credits:
 Edward Shushkin wrote the encryption and compression  file plugins,  and 
 the V3
 journal relocation code.
 
 Vladimir Demidov wrote the parser for sys_reiser4(), the V3 alpha port, 
 part of
 the V3  journal  relocation code,  and helped  Hans keep  the business  
 side of
 things running.

I note that you appear to have put a random selection of credits in the
output on each invocation (at least, two invocations on 3.6.13 give me
different credits).  This makes the definition of what credits are, and
giving equal prominence to all of them even harder.  As a contributor, if
I care that much about getting my name in lights, and part of the
mandatory output of a program, the chances are I don't want to possibly miss
that chance on a lot of eyeballs and place myself subject to the vagaries of
a random number generator.

Of course, in this case I would imagine that all of your contributors have
said it's OK, but would you consider this modification OK if you hadn't made
it?  It certainly would be failing the letter of equal prominence to all,
but you've done it yourself?  A basic tenet of software freedom (IMO) is
that modifications should be OK no matter who does them -- this allows
everyone the power to fork if they so choose.

Oh dear, I appear to have become embroiled in a long thread...

- Matt



Re: reiser4 non-free?

2004-05-06 Thread Stefan Traby
On Thu, May 06, 2004 at 07:40:15PM -0400, Raul Miller wrote:

 Other things to consider:  how long must they be displayed?  What fonts

0 seconds. Just choose the correct locale. :)

-- 

  ciao - 
Stefan



Re: GFDL

2004-05-06 Thread Glenn Maynard
On Sun, May 16, 2004 at 04:32:46PM +0530, Mahesh T. Pai wrote:
 For the  FSF, freedom is  the message, and  has to be  conveyed. FSF's
 invariant clauses  speak of  free software and  how users'  rights are
 affected by  software.  FSF  is not, should  not (and  justifiably so)
 concerned with, or can control what other people who use the GFDL (NOT
 FSF's GFDL'd  work) put in  their invariant clauses.  FSF  rarely puts
 technical info  in invariant clauses.  Its invariant clauses  are very
 small.

If they're not concerned with other people's use of the license, then
they should use it but not advocate it.

However, they *are* advocating its use, and therefore to not be concerned
with its misuse would be extremely irresponsible.

 RMS informed me when he was here (in January) that (1) he is not aware
 of this  committee, (2) he sees  no problem with  the GFDL. Obviously,
 the communication `gap' still persists.

You might want to pass that on to Benj. Mako Hill [EMAIL PROTECTED],
who was a member of the committee on Debian's side.

-- 
Glenn Maynard



Re: reiser4 non-free?

2004-05-06 Thread Jeremy Hankins
Brian Thomas Sniffen [EMAIL PROTECTED] writes:
 Hans Reiser [EMAIL PROTECTED] writes:

 A: No, credits describe the contribution made to a project. Ads
 describe a product someone wants you to buy. Ads are not the same as
 credits, and their preservation is not protected by this license.

 Debian's going to have to look really, really closely at every release
 of every piece of software under this license, then, and risk an
 argument -- in a courtroom -- with a copyright holder who considers
 some line to be a credit, or insufficiently prominent in its modified
 form.

Fuzzy lines in a license are not a new thing.  Debian isn't in the
litigation business, so we're not going to be trying to push the
boundaries anyway.  Respecting the wishes of the author/licensor is a
policy of ours -- remember the pine business.

 Q: What in this license prevents persons from making their name
 display excessively annoyingly throughout the running of the program?
 Isn't that a flaw in the license?

 A: The shovel doesn't stop the digger from creating a pit in the road
 that endangers other people. The license is a tool. Whether you make
 an ass out of yourself using it on the software you write is up to
 you. No compiler makes broken programs work

 In other words, some works under this license are free (for example,
 one containing no credits but the copyright notice) and others are
 non-free.

Wouldn't such a work still be non-free?  At the least, it definitely
goes much farther than the analogous clause in the GPL.  You can't
include code (even optionally executed code) to suppress it, for
example.

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



Re: Mass bug filing: Cryptographic protection against modification

2004-05-06 Thread Steve Langasek
On Thu, May 06, 2004 at 09:33:23AM -0400, Theodore Ts'o wrote:
 Funny that, the standards communities make the exact same argument
 about why you can't take a standards text, modify it, and then publish
 it.  Even if you change the name, it causes major interoperability
 problems --- what if there were ten different versions of the http
 protocol out there, all with different standards documents blessing
 them as legitimate?

 Hence, standards bodies that state that out of policy reasons, if
 someone wants to make a non-interoperable version of a protocol, they
 should start from scratch and not be able to leverage the existing
 work of the protocol specifications, are in many ways making the exact
 same argument about why it is necessary to prevent someone from
 using the GPL using it as a base, possibly stemming confusion in the
 marketplace. 

 (Your arguement that if someone could modify the a copy of the GPL and
 hence modify the terms under which the kernel is distributed is
 laughable, by the way; just as a contract doesn't change if someone
 attempts to modify a paper copy of the contract, changing a copy of
 the GPL would not change the terms under which existing code is
 licensed.  The only argument for why it is necesssary that license
 texts should be unmodifiable is to avoid confusion --- which is
 EXACTLY why some standards bodies don't want randoms dicking about
 with the definition of the http protocol, for example.)

 So tell me again why the GPL text should be privileged?

It is privileged precisely because license texts are irrelevant to our
goal of distributing a freely modifiable OS.  We distribute programs,
scripts, documentation, images, fonts, boot sectors, firmware,
dictionaries, and other fine software because we want it to be useful to
people; and because these things are useful to our users, our Social
Contract compels us, possibly to varying degrees, to ensure that they
are also freely modifiable if they are included in Debian.  I have,
however, never seen anyone actually argue that Debian should distribute
a package of licenses -- they simply aren't useful to our users in their
own right.  We distribute them *solely* out of need (the need to comply
with the software license in many cases, or at a minimum the need to
document the licensing status of the work), so it doesn't really matter
whether the license text is free or not -- even if all the license texts
we had were freely modifiable, it would not make *one bit* of difference
to what we actually distribute, or to what gets distributed by those who
build upon the Debian system.

-- 
Steve Langasek
postmodern programmer


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Description: Digital signature


Re: Is SystemC license compatible with the GPL ?

2004-05-06 Thread Walter Landry
Matthieu Moy [EMAIL PROTECTED] wrote:
 [ I know this is out topic here, but I've already sent this mail twice
   to  [EMAIL PROTECTED], twice  to  the discussion  list  of the  fsfeurope,
   another time  to the SystemC mailing  list, and didn't  get a single
   answer :-( ]

I'm not surprised.  Whoever wrote the license must have been paid by
the word.  In any case, to answer the subject line of this email, the
SystemC license is not compatible.  The one part I found that is
definitely a problem is 2.6b:

  Recipient shall assist OSCI to the extent reasonably necessary to
  protect and maintain the Marks worldwide, including, but not limited
  to, giving prompt notice to OSCI of any known or potential
  infringement of the Marks, and cooperating with OSCI in preparing
  and executing any documents necessary to register the Marks, or as
  may be required by the laws or rules of any country or
  jurisdiction.

So if you get a copy of the software, you are suddenly part of their
trademark police.

There may be other problems, but this one is pretty clear.

 Hi,
 
 I've developped a  piece of software using GCC as  a C++ front-end and
 the SystemC library.
 
 The  SystemC  license can  be  found  from  www.systemc.org (And  I've
 temporarily put a copy here:
 http://www-verimag.imag.fr/~moy/vrac/License.pdf )
 
 I would like to know wether it is legal to distribute this software and wether
 it is possible to do so under a free license.
 
 
 The architecture of the software is as follow :
 
 
   ++   +-+   +-+
   ||   | |   | |
   | A  |   |  B  |   |  C  |
   ||   | |   | |
   |  SystemC   |--1--| My software |--2--| GCC |
   ||   | |   | |
   ++   +-+   +-+
 
 Where --n-- can be either a static or a dynamic link.
 
 I would  like to  use as permissive  licenses as possible.  Ideally, I
 would like the following :
 
 A = SystemC license
 B = LGPL
 C = GPL
 
 Is this possible ?
 (From what I understood, I can distribute A+B and let the user download C and
 compile A+B+C himself)

So you are only distributing source?  AIUI, that is acceptable.
You'll have problems if you distribute binaries.

Regards,
Walter Landry
[EMAIL PROTECTED]



Re: Mass bug filing: Cryptographic protection against modification

2004-05-06 Thread John Hasler
Steve Langasek writes:
 I have, however, never seen anyone actually argue that Debian should
 distribute a package of licenses -- they simply aren't useful to our
 users in their own right.

A package of Free model licenses from which a programmer could choose would
be at least as useful as some of the document packages we distribute.

Note that I am not advocating such a package.  I think such things belong
on Web sites, not in Debian.
-- 
John Hasler 
[EMAIL PROTECTED]
Dancing Horse Hill
Elmwood, Wisconsin



Re: reiser4 non-free?

2004-05-06 Thread Brian Thomas Sniffen
Jeremy Hankins [EMAIL PROTECTED] writes:

 Brian Thomas Sniffen [EMAIL PROTECTED] writes:
 Hans Reiser [EMAIL PROTECTED] writes:

 A: No, credits describe the contribution made to a project. Ads
 describe a product someone wants you to buy. Ads are not the same as
 credits, and their preservation is not protected by this license.

 Debian's going to have to look really, really closely at every release
 of every piece of software under this license, then, and risk an
 argument -- in a courtroom -- with a copyright holder who considers
 some line to be a credit, or insufficiently prominent in its modified
 form.

 Fuzzy lines in a license are not a new thing.  Debian isn't in the
 litigation business, so we're not going to be trying to push the
 boundaries anyway.  Respecting the wishes of the author/licensor is a
 policy of ours -- remember the pine business.

 Q: What in this license prevents persons from making their name
 display excessively annoyingly throughout the running of the program?
 Isn't that a flaw in the license?

 A: The shovel doesn't stop the digger from creating a pit in the road
 that endangers other people. The license is a tool. Whether you make
 an ass out of yourself using it on the software you write is up to
 you. No compiler makes broken programs work

 In other words, some works under this license are free (for example,
 one containing no credits but the copyright notice) and others are
 non-free.

 Wouldn't such a work still be non-free?  At the least, it definitely
 goes much farther than the analogous clause in the GPL.  You can't
 include code (even optionally executed code) to suppress it, for
 example.

If there are no credits, the prohibition on removing credits is null.

-- 
Brian Sniffen   [EMAIL PROTECTED]



Re: GFDL

2004-05-06 Thread Mahesh T. Pai
MJ Ray said on Thu, May 06, 2004 at 11:37:26PM +0100,:

  What did you read?

The various documentation from the FSF.
 
  Did you obtain it directly from FSF?

No. I found all this in a Debian Woody CD From a friend.

  been less or more enlightening if you had the freedom to edit it?

I would  have got a very  different idea about freedom  if this friend
had changed either  the FSF's `political speech', or  the Debian PM or
DFSG and whatever else is in doc-debian and allied packages. That this
friend  had the  freedom  to modify  the  latter, but  did  not, is  a
different issue altogether.
 
  Maybe their aim is noble, but I believe their method is wrong. This

My point is that  it is not a question of `wrong'  and `right'; just a
different way of solving issues.
 
  weapon proliferation  causes peace (because everyone  is too scared
  to attack each other) or danger  (because there is more chance of a
  mistake). How far  should we restrict people's freedom  in order to
  promote freedom?

You have a point here.

  feel that the FSF does not currently represent my view on software

Which is what the whole issue is about. FSF says `documentation is not
software'. Debian says `whatever we carry in our CDs is software'.

The problem for  experienced users and advocates of  the free software
philosophy, like me (I'm speaking for myself *only*, as an individual,
and not  as a  lawyer, which is  what I  do for a  living) is  that if
Debian takes out  what is `free documentation' for the  FSF we loose a
potent tool for spreading the concept. 

I would never  have understood the real meaning  of `free software' if
the FSF's messages were not carried  in a *Debian* CD, and I read them
side-by-side with the documents in /usr/share/doc/*debian*.

Does debian  really want to deny  future newbies a good  intro to what
free  software is by  taking out  all this  political speech  from the
/usr/share/doc? 

And  all this  `political  speech' is  very  different and  has to  be
treated differently from other `do not modify' documents like RFCs. 

I am  reading this list  for about two  years now, and  understand why
Debian does not  want invariant sections, (and also  other issues with
the GFDL).  But I also understand the FSF's perspective; and the point
is that both are right, in their own way.

  This is worrying, but not insurmountable.

Yes. And somebody tells me that  there was a meeting of this committee
last month. And there was some progress on this issue. 

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



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