Re: Bug#265352: grub: Debian splash images for Grub

2004-09-24 Thread Brian Thomas Sniffen
Josh Triplett [EMAIL PROTECTED] writes:

 On the other hand, if you take the source code to GCC and format it
 into the shape of a Coca Cola trademark, then you can't use it for
 selling soft drinks. Does this mean that GCC is not free?

 No, no more than the fact that you can't modify the source to GCC to
 contain the source to Visual C++ (even independently of the fact that
 GCC is copyleft; I'm referring to the fact that you can't distribute the
 source of Visual C++).

Sure I can.  If I happen to independently reimplement Visual C++, then
I own the copyright on that.  Microsoft does not.

 This does not apply, of course, to the one kind of requirement that
 DFSG4 allows: requiring that derived works carry a different name.

But trademarks are names.  That's all they are -- not necessarily in
roman characters or pronounceable, but names nonetheless.

-Brian

-- 
Brian Sniffen   [EMAIL PROTECTED]



symlinks package non-free?

2004-09-24 Thread Martin Dickopp
Hello,

The source of the symlinks package consists of a makefile, a manual
page, a C file, and an lsm file.  None of the three former contains a
header with copyright and/or license information.  The latter contains
the following lines:

  CopyPolicy1  =(c) Mark Lord, freely distributable
  CopyPolicy2  =

Even if the lack of license information in the source code is not
considered a problem, there is no permission to modify the code, so
IMHO the program is non-free.

What should I do now?  Report a bug against symlinks?

Thanks,
Martin


-- 
   ,--.  ,= ,-_-. =.
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   `-.   \_/



libdvdcss legal status [was: Re: Bug#265352: grub: Debian splash images for Grub]

2004-09-24 Thread Francesco Poli
On Thu, 23 Sep 2004 15:06:34 -0700 Josh Triplett wrote:

 See also libdvdcss, a piece of software that is Free Software in all
 jurisdictions except the United States, in which its use is restricted
 by ridiculous laws.

If you are referring to DMCA, I'm afraid that EUCD is very much similar
in spirit and effect.
Hence libdvdcss will be considered illegal in the European Union, as
well.   :-(

Correct me, if I'm wrong, and I would really like to be wrong here...

-- 
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 Poli| C979 F34B 27CE 5CD8 DC12 | and commutes?
 | 31B5 78F4 279B DD6D FCF4 |  A: A boolean grape.


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Re: Bug#265352: grub: Debian splash images for Grub

2004-09-24 Thread Francesco Poli
On Fri, 24 Sep 2004 09:14:08 +0100 Edmund GRIMLEY EVANS wrote:

 Josh Triplett [EMAIL PROTECTED]:
 
   Trademark problems only arise when the image is used in a
   particular way. I would think that Debian is not obliged to and
   cannot give permission for all possible uses of Debian software.
  
  We most certainly can and should.
 
 We can't give permission for people to use Apache to implement
 one-click shopping. That's a far greater and far more serious
 restriction, and one more direcly related to software, than the
 trademark restriction on the use of the Debian logo, and yet we don't
 argue that Apache is non-free because of it.

That's because it's not Apache's license that fails to permit this use
(or attempt to restric this use): it's the existence of an unrelated
software patent.
Apache Software Foundation gives this permission, it's the one-click
shopping patent holder that does not!


-- 
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  Francesco  |Key fingerprint = |  Q: What is purple
 Poli| C979 F34B 27CE 5CD8 DC12 | and commutes?
 | 31B5 78F4 279B DD6D FCF4 |  A: A boolean grape.


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Re: MTL license

2004-09-24 Thread Francesco Poli
On Tue, 21 Sep 2004 16:20:09 -0400 Nathanael Nerode wrote:

 And if you're going to make a new one, consult debian-legal, cause
 we're sufficiently paranoid.  ;-)

Indeed.  And, as you may already know,

  Paranoy is a virtue.   -- Anonymous

:-)

-- 
 |  GnuPG Key ID = DD6DFCF4 |  $ fortune
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 Poli| C979 F34B 27CE 5CD8 DC12 | and commutes?
 | 31B5 78F4 279B DD6D FCF4 |  A: A boolean grape.


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Re: Bug#265352: grub: Debian splash images for Grub

2004-09-24 Thread Josh Triplett
Brian Thomas Sniffen wrote:
 Josh Triplett [EMAIL PROTECTED] writes:
On the other hand, if you take the source code to GCC and format it
into the shape of a Coca Cola trademark, then you can't use it for
selling soft drinks. Does this mean that GCC is not free?

No, no more than the fact that you can't modify the source to GCC to
contain the source to Visual C++ (even independently of the fact that
GCC is copyleft; I'm referring to the fact that you can't distribute the
source of Visual C++).
 
 Sure I can.  If I happen to independently reimplement Visual C++, then
 I own the copyright on that.  Microsoft does not.

Granted, though you'd have a heck of a time proving it if the code was
identical.  However, I was referring to modifying GCC to include the
source, meaning copying that source from VC++.

This does not apply, of course, to the one kind of requirement that
DFSG4 allows: requiring that derived works carry a different name.
 
 But trademarks are names.  That's all they are -- not necessarily in
 roman characters or pronounceable, but names nonetheless.

That's a huge leap, and I seriously doubt it was intended by the
drafters of DFSG4.  I would argue very strongly against that
interpretation.  A name is just that, a name: some text moniker that
identifies a project.  GCC, grub, Linux, and Apache are all
names.  A logo is not a name.

A name does not, of course, need to be in Roman characters (TeX is not,
though it is commonly romanized), nor pronounceable (many projects
choose names with dubious pronounceability).  However, a logo is in no
way equivalent to a project name, and I do not believe a requirement
such as You must use a different logo for modified versions. passes
the DFSG, nor should it.

- Josh Triplett


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Re: symlinks package non-free?

2004-09-24 Thread MJ Ray
On 2004-09-24 17:28:29 +0100 Martin Dickopp 
[EMAIL PROTECTED] wrote:



What should I do now?  Report a bug against symlinks?


Probably, yes, but I suggest starting licence needs clarification 
bug rather than this is non-free you evil people as it's just not 
clear what freely distributable means.


--
MJR/slefMy Opinion Only and not of any group I know
 Creative copyleft computing - http://www.ttllp.co.uk/
LinuxExpo.org.uk village 6+7 Oct http://www.affs.org.uk



Re: Bug#265352: grub: Debian splash images for Grub

2004-09-24 Thread Edmund GRIMLEY EVANS
Josh Triplett [EMAIL PROTECTED]:

  Trademark problems only arise when the image is used in a particular
  way. I would think that Debian is not obliged to and cannot give
  permission for all possible uses of Debian software.
 
 We most certainly can and should.

We can't give permission for people to use Apache to implement
one-click shopping. That's a far greater and far more serious
restriction, and one more direcly related to software, than the
trademark restriction on the use of the Debian logo, and yet we don't
argue that Apache is non-free because of it.



Re: Bug#265352: grub: Debian splash images for Grub

2004-09-24 Thread Edmund GRIMLEY EVANS
Josh Triplett [EMAIL PROTECTED]:

 Please note that I did not say that a work is non-free if it can be
 transformed to contain a trademarked item, any more than a work is
 non-free if it can be transformed to contain a copyrighted work to which
 we don't have a Free license, such as the source code to Microsoft(TM)
 Windows(TM). :)

This doesn't really make sense. The only way you can transform a work
to contain a different copyrighted work is by including parts of the
other copyrighted work, which means you're transforming that other
work, not just the first work. The comparison between trademarks and
patents makes some sense; this comparison with copyright doesn't.

 I am only concerned with whether a given work, and all derived works of
 that work, have permission to use the trademark.

Which trademark? Trademarkedness isn't a property of the work;
trademarks exist independently of the work.

 I have no problem with Debian holding and licensing rights under both
 trademarks and copyrights that apply to Debian's works.

The whole point of a trademark restriction is that it doesn't just
apply to one's own works.

 Therefore, if
 we want to ship the logo in main, we need to grant a DFSG-Free license
 to the logo itself and to derived works of the logo.

Why the if clause? Debian owning a trademark is a restriction on all
works whether or not they include a representation of the trademark
and whether or not Debian ships them, so surely what you are really
saying is that Debian should not restrict the world's freedom by
owning a trademark, which seems to me like a reasonable, if extreme,
point of view.



Re: Bug#265352: grub: Debian splash images for Grub

2004-09-24 Thread Brian Thomas Sniffen
Josh Triplett [EMAIL PROTECTED] writes:

 The trademark rights are entirely separate, and there's no reason for
 Debian to license them in any way other than Free for use if there's
 no confusion with Debian, either because they refer to Debian or
 because they're in a domain where Debian does no business.

 If you believe that to be the case, then I assume you would argue that
 we should not include any of the Debian logos within the Debian main
 distribution.  That would be unfortunate.  Or are you arguing that such
 a restriction would be DFSG-free?  It seems to blatantly fail DFSG6.

It doesn't fail DFSG 6 because it is explicitly protected by DFSG 4:
the logo is a name.

-- 
Brian Sniffen   [EMAIL PROTECTED]



Re: Bug#265352: grub: Debian splash images for Grub

2004-09-24 Thread Raul Miller
 Brian Thomas Sniffen wrote:
  But trademarks are names.  That's all they are -- not necessarily in
  roman characters or pronounceable, but names nonetheless.

On Fri, Sep 24, 2004 at 04:50:37PM -0700, Josh Triplett wrote:
 That's a huge leap, and I seriously doubt it was intended by the
 drafters of DFSG4.  I would argue very strongly against that
 interpretation.  A name is just that, a name: some text moniker that
 identifies a project.  GCC, grub, Linux, and Apache are all
 names.  A logo is not a name.

You're changing the subject from what Brian was talking about: the set of
trademarks has only a small area of overlap with the set of logos.
Sure, there are logos which don't identify anything, but those logos
aren't trademarks.

Anyways, could you describe a serious scenario that illustrates this
danger to software freedom that you're so concerned about?  [I saw the
scenario where you proposed that we shouldn't discriminate against fraud,
but the philosophy behind your argument would have us declare the GPL
non-free -- so that doesn't seem like a serious issue.]

Thanks,

-- 
Raul