DFSG-free license?

2006-07-28 Thread Brian Elliott Finley
I'm working on packaging a some software that uses this license.  Is 
this an acceptable license from a debian perspective?


Thanks, -Brian



COPYRIGHT AND LICENCE

Copyright (c) 2005-2006 University of Illinois Board of Trustees
All rights reserved.

Developed by: Campus Information Technologies and Educational Services,
 University of Illinois at Urbana-Champaign

Permission is hereby granted, free of charge, to any person obtaining
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 notice, this list of conditions and the following disclaimers in the
 documentation and/or other materials provided with the distribution.

* Neither the names of Campus Information Technologies and Educational
 Services, University of Illinois at Urbana-Champaign, nor the names
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Re: BCFG Public License

2006-07-28 Thread Henning Makholm
Scripsit John Goerzen [EMAIL PROTECTED]

 The BCFG public license (below) seems pretty much like a standard BSD
 + advertising clause license.  I can't quite seem to remember what the
 current policy on that sort of license is.

We accept them, but grudgingly.

 7. LICENSEE AGREES THAT THE EXPORT OF GOODS AND/OR TECHNICAL DATA FROM THE
UNITED STATES MAY REQUIRE SOME FORM OF EXPORT CONTROL LICENSE FROM THE
U.S. GOVERNMENT AND THAT FAILURE TO OBTAIN SUCH EXPORT CONTROL LICENSE
MAY RESULT IN CRIMINAL LIABILITY UNDER U.S. LAWS.

Does this mean that the license is only avaliable to those who agree
with the law? That would not be free.

-- 
Henning Makholm We're trying to get it into the
parts per billion range, but no luck still.


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Re: BCFG Public License

2006-07-28 Thread Matthew Garrett
Henning Makholm [EMAIL PROTECTED] wrote:

 7. LICENSEE AGREES THAT THE EXPORT OF GOODS AND/OR TECHNICAL DATA FROM THE
UNITED STATES MAY REQUIRE SOME FORM OF EXPORT CONTROL LICENSE FROM THE
U.S. GOVERNMENT AND THAT FAILURE TO OBTAIN SUCH EXPORT CONTROL LICENSE
MAY RESULT IN CRIMINAL LIABILITY UNDER U.S. LAWS.
 
 Does this mean that the license is only avaliable to those who agree
 with the law? That would not be free.

No, it means that the licensee is obliged to agree that a fact may be 
true. LICENSEE AGREES THAT LICENSE VIOLATION MAY RESULT IN LEGAL 
ACTION would hardly be controversial.

-- 
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Re: DFSG-free license?

2006-07-28 Thread Matthew Garrett
Brian Elliott Finley [EMAIL PROTECTED] wrote:
 I'm working on packaging a some software that uses this license.  Is 
 this an acceptable license from a debian perspective?

Looks like 3-clause BSD, which is absolutely fine.

-- 
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Re: New GPLv3 and LGPLv3 discussion drafts available

2006-07-28 Thread Joe Smith


Nathanael Nerode [EMAIL PROTECTED] wrote in message 
news:[EMAIL PROTECTED]

Just a heads-up.

http://gplv3.fsf.org/

There's a lot of complicated wording changes from the first draft of the 
GPL v.3.

(They all look like improvements to me, but there's a lot to digest.)
And there's a new draft of the LGPL.  (I haven't looked carefully at it.)

You know where to leave your comments (http://gplv3.fsf.org/) -- but if 
there are
any DFSG-freeness issues in the new drafts, please bring them up here as 
well so

we can try to hash out whether they really are.


Note that the fact that that DFSG 10 may make GPLv3 free regardless of other 
violations, because GPL is used without version information.


On to the other areas. I will be pointing out any potential problems I 
notice, even if i do not belive them to actually be a problem.






 The System Libraries of an executable work include every subunit
such that (a) the identical subunit is normally included as an adjunct
in the distribution of either a major essential component (kernel,
window system, and so on) of the specific operating system (if any) on
which the object code runs, or a compiler used to produce the object
code, or an object code interpreter used to run it, and (b) the
subunit (aside from possible incidental extensions) serves only to
enable use of the work with that system component or compiler or
interpreter, or to implement a widely used or standard interface for
which an implementation is available to the public in source code
form.


If I understand this, the system library exception will only applyto 
libraries required to use that
part of the system (windows manager ,kernel, compiler, etc.) or can apply to 
libraries ditributed with those
components that implements a highly used or standard API if an 
implentation of this API exists with viewable source.


(This would allow linking to without distibuting something like a Micosoft 
gettext library, if that library was included with the compiler.)


I point this out, not because of freeness issues, (although there might be 
some), but only because the orignal took

a fair ammount of effort to understand.



 The Corresponding Source also includes any encryption or

authorization keys necessary to install and/or execute modified
versions from source code in the recommended or principal context of
use, such that they can implement all the same functionality in the
same range of circumstances.  (For instance, if the work is a DVD
player and can play certain DVDs, it must be possible for modified
versions to play those DVDs.  If the work communicates with an online
service, it must be possible for modified versions to communicate with
the same online service in the same way such that the service cannot
distinguish.)  A key need not be included in cases where use of the
work normally implies the user already has the key and can read and
copy it, as in privacy applications where users generate their own
keys.  However, the fact that a key is generated based on the object
code of the work or is present in hardware that limits its use does
not alter the requirement to include it in the Corresponding Source.


This is the Tivo clause. I'm not sure if there is any freeness issues to it,
but it is contoversial.


 This License permits you to make and run privately modified versions
of the Program, or have others make and run them on your
behalf. However, this permission terminates, as to all such versions,
if you bring suit against anyone for patent infringement of any of
your essential patent claims in any such version, for making, using,
selling or otherwise conveying a work based on the Program in
compliance with this License.


This indicates that the GPL now does cover running the work,
but only in this one case does it dissallow use.
It also only covers use of a modified version.
This could be possible under the not a contract theory,
as copyright law does not private modifications without permission.



3. No Denying Users' Rights through Technical Measures.

 Regardless of any other provision of this License, no permission is
given for modes of conveying that deny users that run covered works
the full exercise of the legal rights granted by this License.


This is a another DRM related clause. This should be ok,
as it only dissallows distribution of the source or object code
in a way that would prevent the users from excersizing their rights.
This does not prevent distributing on some form of media with manditory
DRM, as long as a form without DRM is distributed alongside it,
as both would be covered under the same act of conveying, and
the second version allows the users the rights they need.





   c) If the modified work has interactive user interfaces, each must
   include a convenient feature that displays an appropriate
   copyright notice, and tells the user that there is no warranty for
   the program (or that you provide a warranty), that users may
   convey the modified work 

Re: BCFG Public License

2006-07-28 Thread Henning Makholm
Scripsit Matthew Garrett [EMAIL PROTECTED]
 Henning Makholm [EMAIL PROTECTED] wrote:

 7. LICENSEE AGREES THAT THE EXPORT OF GOODS AND/OR TECHNICAL DATA FROM THE
UNITED STATES MAY REQUIRE SOME FORM OF EXPORT CONTROL LICENSE FROM THE
U.S. GOVERNMENT AND THAT FAILURE TO OBTAIN SUCH EXPORT CONTROL LICENSE
MAY RESULT IN CRIMINAL LIABILITY UNDER U.S. LAWS.

 Does this mean that the license is only avaliable to those who agree
 with the law? That would not be free.

 No, it means that the licensee is obliged to agree that a fact may be 
 true.

And if that fact is not agreeable to me, I may not copy the software?

-- 
Henning MakholmThere is a danger that curious users may
  occasionally unplug their fiber connector and look
  directly into it to watch the bits go by at 100 Mbps.


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Re: BCFG Public License

2006-07-28 Thread Robinson Tryon

On 7/28/06, Henning Makholm [EMAIL PROTECTED] wrote:

Scripsit Matthew Garrett [EMAIL PROTECTED]
 Henning Makholm [EMAIL PROTECTED] wrote:

 7. LICENSEE AGREES THAT THE EXPORT OF GOODS AND/OR TECHNICAL DATA FROM THE
UNITED STATES MAY REQUIRE SOME FORM OF EXPORT CONTROL LICENSE FROM THE
U.S. GOVERNMENT AND THAT FAILURE TO OBTAIN SUCH EXPORT CONTROL LICENSE
MAY RESULT IN CRIMINAL LIABILITY UNDER U.S. LAWS.

 Does this mean that the license is only avaliable to those who agree
 with the law? That would not be free.

 No, it means that the licensee is obliged to agree that a fact may be
 true.

And if that fact is not agreeable to me, I may not copy the software?


I'm not sure if the license can be changed, but would it be acceptable
to merely *state* the fact, rather than requiring the user to agree to
it?

Something like:
THE EXPORT OF GOODS AND/OR TECHNICAL DATA FROM THE UNITED STATES MAY
REQUIRE SOME FORM OF EXPORT CONTROL LICENSE FROM THE U.S. GOVERNMENT;
FAILURE TO OBTAIN SUCH EXPORT CONTROL LICENSE MAY RESULT IN CRIMINAL
LIABILITY UNDER U.S. LAWS.

In order for a person to use software, they must agree to the
licensing terms.  In this case, they don't have to agree that US
export laws may impose a burden upon them, they just are agreeing that
the licensor has warned them about the export laws.

-- Robinson Tryon


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Re: Please move DAVDSI thread to public lists

2006-07-28 Thread Josselin Mouette
Le vendredi 28 juillet 2006 à 23:36 +0200, Pierre Habouzit a écrit :
 Le ven 28 juillet 2006 23:26, Josselin Mouette a écrit :
  Le vendredi 28 juillet 2006 à 22:40 +0200, Pierre Habouzit a écrit :
It would be interesting to start a formal enquiry if this applies
to Bittorrent.
  
   it is without any doubt. as is any p2p software, ftp (that is often
   used to distribute dvd rips e.g.), ...
 
  I'm not sure this can apply to bittorrent, as it is also, generally
  speaking, the most efficient way to distribute large files.
 
 it's also how I get my weekly fix (yeah, I also happen to be a 
 serie-addict).
 
 mininova.org, torrentspy.com, ... do not really list a lot of licit 
 content, do they ?

The point is, it was not *designed* to share copyrighted content. Just
like FTP or IRC. I'm not sure, but this is how I understand the law as
written.
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Re: New GPLv3 and LGPLv3 discussion drafts available

2006-07-28 Thread Andrew Donnellan

versions to play those DVDs.  If the work communicates with an online
service, it must be possible for modified versions to communicate with
the same online service in the same way such that the service cannot
distinguish.)  A key need not be included in cases where use of the


This is bad for services where use of a modified client is disallowed
or detrimental to other users, e.g. let's say there is a GPL3 game
that uses a centralised server to play against other players. Under
this section any modified clients have the keys needed to connect to
the server in a way that is indistinguishable, so I could modify it
and add cheat codes and other controversial things and under this
section they would not be able to distinguish me and ban me.

On 7/29/06, Joe Smith [EMAIL PROTECTED] wrote:


Nathanael Nerode [EMAIL PROTECTED] wrote in message
news:[EMAIL PROTECTED]
 Just a heads-up.

 http://gplv3.fsf.org/

 There's a lot of complicated wording changes from the first draft of the
 GPL v.3.
 (They all look like improvements to me, but there's a lot to digest.)
 And there's a new draft of the LGPL.  (I haven't looked carefully at it.)

 You know where to leave your comments (http://gplv3.fsf.org/) -- but if
 there are
 any DFSG-freeness issues in the new drafts, please bring them up here as
 well so
 we can try to hash out whether they really are.

Note that the fact that that DFSG 10 may make GPLv3 free regardless of other
violations, because GPL is used without version information.

On to the other areas. I will be pointing out any potential problems I
notice, even if i do not belive them to actually be a problem.




  The System Libraries of an executable work include every subunit
such that (a) the identical subunit is normally included as an adjunct
in the distribution of either a major essential component (kernel,
window system, and so on) of the specific operating system (if any) on
which the object code runs, or a compiler used to produce the object
code, or an object code interpreter used to run it, and (b) the
subunit (aside from possible incidental extensions) serves only to
enable use of the work with that system component or compiler or
interpreter, or to implement a widely used or standard interface for
which an implementation is available to the public in source code
form.

If I understand this, the system library exception will only applyto
libraries required to use that
part of the system (windows manager ,kernel, compiler, etc.) or can apply to
libraries ditributed with those
components that implements a highly used or standard API if an
implentation of this API exists with viewable source.

(This would allow linking to without distibuting something like a Micosoft
gettext library, if that library was included with the compiler.)

I point this out, not because of freeness issues, (although there might be
some), but only because the orignal took
a fair ammount of effort to understand.



  The Corresponding Source also includes any encryption or
authorization keys necessary to install and/or execute modified
versions from source code in the recommended or principal context of
use, such that they can implement all the same functionality in the
same range of circumstances.  (For instance, if the work is a DVD
player and can play certain DVDs, it must be possible for modified
versions to play those DVDs.  If the work communicates with an online
service, it must be possible for modified versions to communicate with
the same online service in the same way such that the service cannot
distinguish.)  A key need not be included in cases where use of the
work normally implies the user already has the key and can read and
copy it, as in privacy applications where users generate their own
keys.  However, the fact that a key is generated based on the object
code of the work or is present in hardware that limits its use does
not alter the requirement to include it in the Corresponding Source.

This is the Tivo clause. I'm not sure if there is any freeness issues to it,
but it is contoversial.

  This License permits you to make and run privately modified versions
of the Program, or have others make and run them on your
behalf. However, this permission terminates, as to all such versions,
if you bring suit against anyone for patent infringement of any of
your essential patent claims in any such version, for making, using,
selling or otherwise conveying a work based on the Program in
compliance with this License.

This indicates that the GPL now does cover running the work,
but only in this one case does it dissallow use.
It also only covers use of a modified version.
This could be possible under the not a contract theory,
as copyright law does not private modifications without permission.


3. No Denying Users' Rights through Technical Measures.

  Regardless of any other provision of this License, no permission is
given for modes of conveying that deny users that run covered works
the full exercise of the 

Re: New GPLv3 and LGPLv3 discussion drafts available

2006-07-28 Thread Joe Smith


Andrew Donnellan [EMAIL PROTECTED] wrote in message 
news:[EMAIL PROTECTED]

versions to play those DVDs.  If the work communicates with an online

service, it must be possible for modified versions to communicate with
the same online service in the same way such that the service cannot
distinguish.)  A key need not be included in cases where use of the


This is bad for services where use of a modified client is disallowed
or detrimental to other users, e.g. let's say there is a GPL3 game
that uses a centralised server to play against other players. Under
this section any modified clients have the keys needed to connect to
the server in a way that is indistinguishable, so I could modify it
and add cheat codes and other controversial things and under this
section they would not be able to distinguish me and ban me.



But on the other hand, I need the key to run my modified version that runs
on a computer with two moniters. See how this can go both ways?
The only way to prevent cheating in online games is to move virtually all
game logic to the server side. If anything important is running on the 
client side,

the client CAN cheat. The alternative is to use something like the TPM.
I really don't think that is a good idea. 




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Re: New GPLv3 and LGPLv3 discussion drafts available

2006-07-28 Thread Andrew Donnellan

On 7/29/06, Joe Smith [EMAIL PROTECTED] wrote:


Andrew Donnellan [EMAIL PROTECTED] wrote in message
news:[EMAIL PROTECTED]
 versions to play those DVDs.  If the work communicates with an online
service, it must be possible for modified versions to communicate with
the same online service in the same way such that the service cannot
distinguish.)  A key need not be included in cases where use of the

 This is bad for services where use of a modified client is disallowed
 or detrimental to other users, e.g. let's say there is a GPL3 game
 that uses a centralised server to play against other players. Under
 this section any modified clients have the keys needed to connect to
 the server in a way that is indistinguishable, so I could modify it
 and add cheat codes and other controversial things and under this
 section they would not be able to distinguish me and ban me.


But on the other hand, I need the key to run my modified version that runs
on a computer with two moniters. See how this can go both ways?


Yes.


The only way to prevent cheating in online games is to move virtually all
game logic to the server side. If anything important is running on the
client side,
the client CAN cheat. The alternative is to use something like the TPM.


Even moving all logic to the server side can't stop it. Online games
especially need to be able to distinguish the 'official' client from a
modified one. Even if all logic is on the server side, the client
still receives data that must not be disclosed to the player, e.g. map
data. A modified client could easily defeat that.

A clause like this needs to allow for 'legitimate' modifications, e.g.
your two screens example, but also allow an online service to block
users that are dishonestly using their modification powers.


I really don't think that is a good idea.


What isn't? The TPM idea?


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Re: BCFG Public License

2006-07-28 Thread Matthew Garrett
Henning Makholm [EMAIL PROTECTED] wrote:
 Scripsit Matthew Garrett [EMAIL PROTECTED]
 No, it means that the licensee is obliged to agree that a fact may be 
 true.
 
 And if that fact is not agreeable to me, I may not copy the software?

If you're unwilling to agree to truth statements, then yes, I'm entirely 
happy with you not being permitted to copy the software. It strongly 
implies that you're not competent to agree to any sort of license 
statement.

-- 
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Re: BCFG Public License

2006-07-28 Thread Stephen Gran
This one time, at band camp, Henning Makholm said:
 Scripsit Matthew Garrett [EMAIL PROTECTED]
  Henning Makholm [EMAIL PROTECTED] wrote:
 
  7. LICENSEE AGREES THAT THE EXPORT OF GOODS AND/OR TECHNICAL DATA FROM THE
 UNITED STATES MAY REQUIRE SOME FORM OF EXPORT CONTROL LICENSE FROM THE
 U.S. GOVERNMENT AND THAT FAILURE TO OBTAIN SUCH EXPORT CONTROL LICENSE
 MAY RESULT IN CRIMINAL LIABILITY UNDER U.S. LAWS.
 
  Does this mean that the license is only avaliable to those who agree
  with the law? That would not be free.
 
  No, it means that the licensee is obliged to agree that a fact may be 
  true.
 
 And if that fact is not agreeable to me, I may not copy the software?

'Agreeable' is not precisely a derivative of 'agree'.  I agree that if
I drink alot of beer, I may very well be hung over the next morning.
it does not mean I am in the least agreeable about the situation.

What the statement reduces to is:
licensee acknowledges that there are laws in some jursidictions,
and if you are in those jurisdictions and break those laws, there may
be consequences

Well, no shit.  That's a simple statement of fact, and not a
restriction.
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Re: BCFG Public License

2006-07-28 Thread Henning Makholm
Scripsit Matthew Garrett [EMAIL PROTECTED]
 Henning Makholm [EMAIL PROTECTED] wrote:

 And if that fact is not agreeable to me, I may not copy the software?

 If you're unwilling to agree to truth statements, then yes, I'm entirely 
 happy with you not being permitted to copy the software. It strongly 
 implies that you're not competent to agree to any sort of license 
 statement.

Freedom of software should also apply to people who don't agree with
US export laws.

-- 
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Re: New GPLv3 and LGPLv3 discussion drafts available

2006-07-28 Thread Joe Smith


Andrew Donnellan [EMAIL PROTECTED] wrote in message 
news:[EMAIL PROTECTED]

Even moving all logic to the server side can't stop it. Online games
especially need to be able to distinguish the 'official' client from a
modified one. Even if all logic is on the server side, the client
still receives data that must not be disclosed to the player, e.g. map
data. A modified client could easily defeat that.


Why must data not to be disclosed be sent to the client?
What if the client is nothing but an X11 server. Then it should be
very easy to not send anything that the player must not see.


A clause like this needs to allow for 'legitimate' modifications, e.g.
your two screens example, but also allow an online service to block
users that are dishonestly using their modification powers.


I really don't think that is a good idea.


What isn't? The TPM idea?

Yeah the TPM.

But this is getting a little offtopic.

The FSF is really not concerned about online games. That is because there is 
no way to block draconian DRM restrictions
while aproviding a means to autheniticate an official game client. They 
really are the same problem.





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Re: New GPLv3 and LGPLv3 discussion drafts available

2006-07-28 Thread Andrew Donnellan

On 7/29/06, Joe Smith [EMAIL PROTECTED] wrote:

The FSF is really not concerned about online games. That is because there is
no way to block draconian DRM restrictions
while aproviding a means to autheniticate an official game client. They
really are the same problem.


The issue is how the GPLv3 affects a service provider's right to put
restrictions on usage of a service, not copyright licensing. However
it is quite close to DRM and I can see why the FSF is putting this
clause in. Whilst it may be detrimental for some, it does prevent the
use of DRM, and of course there is always the option of using the
GPLv2.

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