Re: Non-DD's in debian-legal

2006-06-08 Thread MJ Ray
Ian Jackson [EMAIL PROTECTED]
 [...] as we've just seen, people (both people from debian-legal and
 elsewhere) do seem to think that debian-legal is or ought to be where
 these decisions are taken.

Who did that?  I must have missed a few posts.

FWIW, I think that debian-legal is a useful resource, should be
consulted, especially in the situations described in policy, but
the decision-making should be carried out like other package
decisions, including not being spiteful when bugs are reported.

 [...] To maintain a package you need a
 clear technical head, a certain minimum time commitment, and the
 results (good or bad) are clearly visible.  Whereas anyone can blow
 off hot air on a mailing list.

Blowing off hot air on a list is always unhelpful.  Parsing a
licence needs a clear head, a certain minimum time, but the
results are not often clearly visible.  That's probably why it
sucks, frustrates the crap out of so many people and the good
work that is done is underappreciated.

Regards,
-- 
MJR/slef
My Opinion Only: see http://people.debian.org/~mjr/
Please follow http://www.uk.debian.org/MailingLists/#codeofconduct


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Re: Sun Java available from non-free

2006-06-08 Thread Wouter Verhelst
On Wed, Jun 07, 2006 at 05:42:27PM +0100, MJ Ray wrote:
 Wouter Verhelst [EMAIL PROTECTED]
  Alternatively, I don't think it's hard for a judge to understand that
  there is this piece of software which we indeed do distribute, but which
  is used by many other people as well, and they all exhibit the same
  flaw; so even if we allowed the bug to slip in, it's not really our
  fault.
 
 Exactly!  It's not our fault, so why should we indemnify Sun against it?

If it's not our fault, it's not under our control, and we *don't* need
to indemnify. That's what the FAQ says; and whether or not it has legal
value, it *does* explain the interpretation Sun gives to its license.

-- 
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  -- Seven Of Nine, Ashes to Ashes, stardate 53679.4


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Re: Sun Java available from non-free

2006-06-08 Thread MJ Ray
Wouter Verhelst [EMAIL PROTECTED]
 On Wed, Jun 07, 2006 at 05:42:27PM +0100, MJ Ray wrote:
  Exactly!  It's not our fault, so why should we indemnify Sun against it?
 
 If it's not our fault, it's not under our control, and we *don't* need
 to indemnify. That's what the FAQ says; and whether or not it has legal
 value, it *does* explain the interpretation Sun gives to its license.

Changes to debian are made under debian's control (in theory).

The reason I raised the indemnity in particular is that the FAQ
does not contradict this concern, so all the should we ignore
the FAQ debate didn't affect it.

Quoth the FAQ:
| Simply put, Sun requires indemnification to limit its exposure for
| issues that are not Sun's fault. If your conduct or your OS causes
   ^
| a problem that results in a third-party claim, then Sun expects you
  ^^^
| to take responsibility for it. Note that you are not indemnifying
  ^
| Sun against claims that are a result of something in Sun's code. You
| also are not indemnifying Sun against claims due to changes that a
| downstream distributor has made to your OS.

You *are* indemnifying Sun against claims due to changes to your
OS whose inclusion you control.  It's only downstream changes
that are excluded, not upstream.  (AIUI, Gentoo can avoid this
neatly, with its users' install commands rebuilding the OS.)

Do you agree, or what have I missed?

Regards,
-- 
MJR/slef
Laux nur mia opinio: vidu http://people.debian.org/~mjr/
Bv sekvu http://www.uk.debian.org/MailingLists/#codeofconduct


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Re: Sun Java available from non-free

2006-06-08 Thread David Pashley
On Jun 08, 2006 at 12:19, MJ Ray praised the llamas by saying:
 Wouter Verhelst [EMAIL PROTECTED]
  On Wed, Jun 07, 2006 at 05:42:27PM +0100, MJ Ray wrote:
   Exactly!  It's not our fault, so why should we indemnify Sun against it?
  
  If it's not our fault, it's not under our control, and we *don't* need
  to indemnify. That's what the FAQ says; and whether or not it has legal
  value, it *does* explain the interpretation Sun gives to its license.
 
 Changes to debian are made under debian's control (in theory).
 
 The reason I raised the indemnity in particular is that the FAQ
 does not contradict this concern, so all the should we ignore
 the FAQ debate didn't affect it.
 
 Quoth the FAQ:
 | Simply put, Sun requires indemnification to limit its exposure for
 | issues that are not Sun's fault. If your conduct or your OS causes
^
 | a problem that results in a third-party claim, then Sun expects you
   ^^^
 | to take responsibility for it. Note that you are not indemnifying
   ^
 | Sun against claims that are a result of something in Sun's code. You
 | also are not indemnifying Sun against claims due to changes that a
 | downstream distributor has made to your OS.
 
 You *are* indemnifying Sun against claims due to changes to your
 OS whose inclusion you control.  It's only downstream changes
 that are excluded, not upstream.  (AIUI, Gentoo can avoid this
 neatly, with its users' install commands rebuilding the OS.)

Out of interest, if[0] that is saying that we agree that anything isn't
Sun's fault isn't Sun's fault (which is fair enough) then that doesn't
mention anything about any warranty that we might offer. For the large
majority of the software we ship, we disclaim any warranty what so ever.  

Can we not just disclaim all warranty on Sun's java like we do with the
rest of our software, or is there something in the license that forces
us to give a warranty?

[0] I'm going by MJ's comments. I haven't had chance to check the actual
license, so take this as a curious question from someone interested to
know the answer.
 
 Do you agree, or what have I missed?
 
 Regards,

-- 
David Pashley
[EMAIL PROTECTED]
Nihil curo de ista tua stulta superstitione.


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Re: IBM CPL v1

2006-06-08 Thread Henning Makholm
Scripsit Roger Leigh [EMAIL PROTECTED]

 Is the IBM Common Public Licence version 1.0 (below) considered
 DFSG-free?

We have software under this licence in main already, notably postfix
and graphviz. The license has been discussed explicitly on
debian-legal at least once [1] and no flaws big enough to cause it to
be considered non-free were discovered.

[1] http://lists.debian.org/debian-legal/2005/01/msg00297.html

For my attempt to summarize the 2005 discussion, see
http://lists.debian.org/debian-legal/2005/01/msg00847.html

The patent self-destruct feature of the license is quite restrained
and is within what we generally consider fair self-defense.

-- 
Henning Makholm... it cannot be told in his own
 words because after September 11 he
forgot about keeping his diary for a long time.


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Re: Who can make binding legal agreements

2006-06-08 Thread Anthony Towns
On Thu, Jun 08, 2006 at 02:47:24PM +1000, Anthony Towns wrote:
 On Wed, Jun 07, 2006 at 09:07:07AM -0500, John Goerzen wrote:
  So what am I trying to do?
  Most importantly, make sure that SPI and Debian aren't exposed to
  serious legal risks.
 Then why don't you contact Greg and the SPI board yourself?

(Subsequent to the message I was replying to, John's done this)

Cheers,
aj



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Re: Non-DD's in debian-legal

2006-06-08 Thread Josselin Mouette
Le mercredi 07 juin 2006 à 12:18 +0100, Ian Jackson a écrit :
 Jeremy Hankins writes (Non-DD's in debian-legal):
  I'm not sure I understand this part, though.  Do you think that folks
  like myself, who are not DD's, should not participate in the discussions
  on d-l?
 
 Actually, I think they should not participate, in general.

[snip]

 Part of the problem here is that the selection process for DD's has
 become discredited, because (a) many good and useful people making
 significant technical contributions are still stuck outside the fence
 and also (b) many less good and less useful people are on the inside
 making a mess.  I don't have an easy answer to this but it's something
 we should all be thinking about.

And maybe *you* should think about it before saying non-DD contributions
are not welcome. Believe me, if they stopped participating tomorrow,
large key parts of the development would be completely stuck, and that
includes advice on licenses.

 But dismantling the or undermining the tie between political
 decisionmaking in Debian to formal membership is not the answer.

I don't see much difference between contributing to debian-legal and
contributing to packaging. The contributors to the mailing list are not
the ones making the decision. The ones making the decision are the
ftp-masters and the release managers, using *advice* from the list. Do
you need to be a DD to spot a problem with a license? No. Fortunately,
most DDs can, unlike you, accept that this is a real problem even if the
person spotting it is not a Chosen One.
-- 
 .''`.   Josselin Mouette/\./\
: :' :   [EMAIL PROTECTED]
`. `'[EMAIL PROTECTED]
  `-  Debian GNU/Linux -- The power of freedom


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Re: Open CASCADE Technology Public License

2006-06-08 Thread Josselin Mouette
Le jeudi 08 juin 2006 à 22:37 +0200, Aurelien Jarno a écrit :
 Public license
 In short, Open CASCADE Technology Public License is LGPL-like with 
 certain differences. You are permitted to use Open CASCADE Technology 
 within commercial environments and you are obliged to acknowledge its 
 use. You are also obliged to send your modifications of the original 
 source code (if you have made any) to the Initial Developer (i.e. Open 
 CASCADE S.A.S.). Complete text of the license is given below.

The summary says the modifications should be sent to the Initial
Developer (which isn't free), however nothing in the license itself says
that. I think a statement acknowledging that this summary isn't binding
would be a good thing to obtain.

  * If you distribute or sublicense the Software (as modified by You 
 or on Your behalf as the case may be), You cause such Software to be 
 licensed as a whole, at no charge, to all third parties, under the terms 
 and conditions of the License, making in particular available to all 
 third parties the source code of the Software;

No right to sell. I think this isn't good.

 7. Additional terms
 
 You may choose to offer, on a non-exclusive basis, and to charge a fee 
 for any warranty, support, maintenance, liability obligations or other 
 rights consistent with the scope of this License with respect to the 
 Software (the Additional Terms) to the recipients of the Software. 
 However, You may do so only on Your own behalf and on Your sole and 
 exclusive responsibility. You must obtain the recipient's agreement that 
 any such Additional Terms are offered by You alone, and You hereby agree 
 to indemnify, defend and hold the Initial Developer and any Contributor 
 harmless for any liability incurred by or claims asserted against the 
 Initial Developer or any Contributors with respect to any such 
 Additional Terms.

The indemnification clause looks scary. However it is only here to
retaliate against false claims, so this is reasonable. I don't know
about corner cases, though.

-- 
 .''`.   Josselin Mouette/\./\
: :' :   [EMAIL PROTECTED]
`. `'[EMAIL PROTECTED]
  `-  Debian GNU/Linux -- The power of freedom


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Re: Open CASCADE Technology Public License

2006-06-08 Thread Henning Makholm
Scripsit Josselin Mouette [EMAIL PROTECTED]

  * If you distribute or sublicense the Software (as modified by You 
 or on Your behalf as the case may be), You cause such Software to be 
 licensed as a whole, at no charge, to all third parties, under the terms 
 and conditions of the License, making in particular available to all 
 third parties the source code of the Software;

 No right to sell. I think this isn't good.

Huh? What the quote says is just that the redistributed software must
be _licensed_ at no charge, which is just your run-of-the-mill
copyleft construction.

-- 
Henning Makholm   No one seems to know what
   distinguishes a bell from a whistle.


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Re: Open CASCADE Technology Public License

2006-06-08 Thread Josh Triplett
Josselin Mouette wrote:
 Le jeudi 08 juin 2006 à 22:37 +0200, Aurelien Jarno a écrit :
 Public license In short, Open CASCADE Technology Public License is
 LGPL-like with certain differences. You are permitted to use Open
 CASCADE Technology within commercial environments and you are
 obliged to acknowledge its use. You are also obliged to send your
 modifications of the original source code (if you have made any) to
 the Initial Developer (i.e. Open CASCADE S.A.S.). Complete text of
 the license is given below.

 The summary says the modifications should be sent to the Initial 
 Developer (which isn't free), however nothing in the license itself
 says that. I think a statement acknowledging that this summary isn't
 binding would be a good thing to obtain.

Agreed.

 * If you distribute or sublicense the Software (as modified by You 
 or on Your behalf as the case may be), You cause such Software to
 be licensed as a whole, at no charge, to all third parties, under
 the terms and conditions of the License, making in particular
 available to all third parties the source code of the Software;

 No right to sell. I think this isn't good.

GPL v2:
  b) You must cause any work that you distribute or publish, that in
 whole or in part contains or is derived from the Program or any
 part thereof, to be licensed as a whole at no charge to all third
 parties under the terms of this License.

:)

- Josh Triplett



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