Re: BCFG Public License

2006-07-31 Thread MJ Ray
Stephen Gran [EMAIL PROTECTED] wrote:
 This one time, at band camp, MJ Ray said:
  Accepted but unpopular.
 
 This is untrue..  The DFSG endorses it without reservation.  It would
 be best when reviewing a license for it's inclusion in Debian to follow
 the DFSG.

I am following the DFSG and I feel it is best to point out when
something is close to the edge, or is something accepted but
many dislike.

  I agree with questioning needing to agree stuff about US laws.
 
 I think this is already adequately explained elsewhere.

Then why continue the discussion of it here?

  I'm curious what rights are reserved by the US Government - this
  licence looks like it's not complete without knowing that.
 
 I don't see any rights reserved by the US government in that license.

Exactly.  They are referenced in section 2, but not identified.  If
there are no such rights, why are they mentioned?

 I see an explicit grant of rights to the US government and the standard
 no warranty clause extended to the US government, but that's it.
 Neither of these are freeness issues.

Section 2 does not say that all rights of the USG are in this licence.
I don't know whether it's a freeness issue or not, as it's incomplete.
-- 
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My Opinion Only: see http://people.debian.org/~mjr/
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Re: BCFG Public License

2006-07-31 Thread MJ Ray
Stephen Gran [EMAIL PROTECTED] wrote:
 The post I was responding to was from someone who has, and was abusing
 their position as a representative of Debian in an official capacity as
 arbiter of acceptable licenses for Debian. 

Huh?  Please go learn who are the official arbiters of BCFG licence
acceptance (it isn't me) before screaming 'abuse of power! abuse of power!'

 If you, as a private netizen,
 have problems with the 4 clause BSD license, that's fine.  Just please
 represent your opinions as your opinions.

Which I did.  I post from a personal non-debian address, with a footer that
states very clearly this is only my opinion and links to a statement that
makes it quite clear I am NOT a representative of Debian in this situation.
The page with that statement also links through to fuller descriptions.

Please try to read posts before making silly accusations about them.

This does nothing to build faith in the odd intepretation of my native
language in the 'agree' subthread, as it suggests an inability to read.

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: Proposed new IETF license

2006-07-31 Thread MJ Ray
Simon Josefsson [EMAIL PROTECTED] quoted: [...]
   3.3.  Rights Granted by Contributors to IETF Trust
 
   To the extent that a Contribution or any portion thereof is
   protected by copyright or other rights of authorship, the
   Contributor [...] grant a
   perpetual, irrevocable, non-exclusive, royalty-free, world-wide
   right and license to the IETF Trust under all such copyrights and
   other rights in the Contribution [...]
   The licenses granted in this Section 3.3 shall not be deemed to
   grant any right under any patent, patent application or other
   similar intellectual property right disclosed by the Contributor
   under BCP 79 or otherwise.

So that is IETF gets 'copyright or other rights of authorship' and 'all
such copyrights and other rights' permissions but NOT 'any patent, patent
application or other similar intellectual property right disclosed [...]'.

It looks to me like IETF is dividing rights into two groups and only
getting permission to one group, but it is not clear to me where the
boundary is.  Seems a bit cloudy.

   3.8 Rights Granted by the IETF Trust to Third Parties
[...]
(A)  to copy, publish, display, and distribute each IETF Document
   (including all Contributions and other portions thereof) in
   unmodified form,

Really, we want s/unmodified/whole or in part/ like 3.3(A).

(C)  to extract, modify, incorporate into other works, copy, publish,
   display, and distribute executable code or code fragments that are
   included in any IETF Document (such as MIB and PIB modules),
   subject to the notification requirements of Section 5.

Yes, I think this is sufficient for code fragments extracted from RFCs
to be distributed with Debian.  Section 5 just appears to be usual
copyright notices, if I'm reading the right thing.

Hope that helps,
-- 
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My Opinion Only: see http://people.debian.org/~mjr/
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Re: BCFG Public License

2006-07-31 Thread Henning Makholm
Scripsit Benjamin Seidenberg [EMAIL PROTECTED]
 Henning Makholm wrote:

 What does it even mean then? Which legal consequences does it have for
 me to acknowledge that law? Why would the licensor want me to do so
 - he must have _some_ purpose in requiring such an acknowledgement,
 which indicates that a laywerbomb must be present somewhere. I would
 be wary of using the software, because it is completely opaque what
 the catch is.

 It's to cover UChicago's ass. They want to make sure if someone
 distributes their software in a way that violates US export laws they
 can point at that license and say See! We warned them! It's not our
 fault

Thay would be able to cover their asses just fine by simply informing
the licensee that those laws exist. Lots of fine licenses do that.

However, this clause does not simply inform about a fact. It requires
the _licensee_ to do something, namely to agree. Some people in this
threa claim that the action being required is not that of holding the
same opinion as that of the export law, but one of acknowledging
it. I don't even _know_ how to perform that action to the satisfaction
of the court. If I am to communicate acknowledgement to the licensor,
the software becomes postcardware and therefore non-free.

What I am saying is that if the author sues me with a claim that my
copying was unautorized becaus I have not performed the act of
agreeing that bla bla bla that was a condition of getting the
license, how would I go about convincing the court that he is wrong
and I did in fact do what the licensor wanted me to. (Assume here that
I _know_ what it is that the licensor wanted me to, which I don't).

 At least I know what opinions I have. If Licensee agrees does not
 mean that I in fact agree, then I don't know how to tell whether I
 have acknowledged the law in a proper manner that allows me to use
 the license, or what it would mean for me to do so.

 Would you agree that there are bugs present in the Debian operating
 system?  You may not like the fact (I know I don't), and you may not
 agree that they should be there, but I hope you can agree that they exist.

It is true that there are bugs in Debian. That does not mean that a
free license can require me to tell the licensor that.

-- 
Henning MakholmUnmetered water, dear. Run it deep.


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Re: BCFG Public License

2006-07-31 Thread Benjamin Seidenberg
Henning Makholm wrote:
 Scripsit Benjamin Seidenberg [EMAIL PROTECTED]
   
 Henning Makholm wrote:
 

   
 What does it even mean then? Which legal consequences does it have for
 me to acknowledge that law? Why would the licensor want me to do so
 - he must have _some_ purpose in requiring such an acknowledgement,
 which indicates that a laywerbomb must be present somewhere. I would
 be wary of using the software, because it is completely opaque what
 the catch is.
   

   
 It's to cover UChicago's ass. They want to make sure if someone
 distributes their software in a way that violates US export laws they
 can point at that license and say See! We warned them! It's not our
 fault
 

 Thay would be able to cover their asses just fine by simply informing
 the licensee that those laws exist. Lots of fine licenses do that.

 However, this clause does not simply inform about a fact. It requires
 the _licensee_ to do something, namely to agree. Some people in this
 threa claim that the action being required is not that of holding the
 same opinion as that of the export law, but one of acknowledging
 it. I don't even _know_ how to perform that action to the satisfaction
 of the court. If I am to communicate acknowledgement to the licensor,
 the software becomes postcardware and therefore non-free.
   
By using the rights given to you by the license. Your use of the rights
is contingent on acceptance of the terms of the license, thus by
exercising those rights, your are demonstrating your acknowledgment.

Think of the GPL. By distributing software under the GPL, you are
acknowledging the terms of the GPL (SCO excluded) and you are then bound
by them. This license just explicitly requires you to acknowledge a fact
of US law, which you do by the act of distribution/modification.
 What I am saying is that if the author sues me with a claim that my
 copying was unautorized becaus I have not performed the act of
 agreeing that bla bla bla that was a condition of getting the
 license, how would I go about convincing the court that he is wrong
 and I did in fact do what the licensor wanted me to. (Assume here that
 I _know_ what it is that the licensor wanted me to, which I don't).

   
 At least I know what opinions I have. If Licensee agrees does not
 mean that I in fact agree, then I don't know how to tell whether I
 have acknowledged the law in a proper manner that allows me to use
 the license, or what it would mean for me to do so.
   

   
 Would you agree that there are bugs present in the Debian operating
 system?  You may not like the fact (I know I don't), and you may not
 agree that they should be there, but I hope you can agree that they exist.
 

 It is true that there are bugs in Debian. That does not mean that a
 free license can require me to tell the licensor that.

   
This was an example of the difference between the two types of 'agree',
not saying a license should say that.

Benjamin



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Re: license review of the subcommander package

2006-07-31 Thread MJ Ray
Andreas Fester [EMAIL PROTECTED]
 I would appreciate a quick review of the debian/copyright file 
 of the subcommander package:
 http://mentors.debian.net/debian/pool/main/s/subcommander/
[...]
 The license is basically GPL, but the package includes a few
 additional licenses, especially for the icons.

The main licence is GPL with Qt additional permission.

The additional licences are:
- LGPL
- Tigris/CollabNet licence (ad-clause licence, similar to Apache-1?)
- This manual page was written by Andreas Fester, [EMAIL PROTECTED],
   for the Debian Project and might be used freely by others.
  I think you should replace might with may there.

 Is there anything which could make the package being rejected?

I think the Tigris licence is incompatible with the GPL and there's a
.h file under the Tigris licence.  I expect that .h file is compiled
in somehow.  That could be a problem.

Sorry to bring bad news,
-- 
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: license review of the subcommander package

2006-07-31 Thread Marco d'Itri
[EMAIL PROTECTED] wrote:

I think the Tigris licence is incompatible with the GPL and there's a
.h file under the Tigris licence.  I expect that .h file is compiled
in somehow.  That could be a problem.
Not for any sane person, since it's just a few #defines for version
strings and trivial macros.

-- 
ciao,
Marco


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