Re: DFSG as Licence?

2006-08-12 Thread Weakish Jiang


Michelle Konzack wrote:

 I was thinking to use the term:
 
 Licence: This software is under any Licence which complay
  with the Debian Free Software Guidelines (DFSG).
 
 I am thinking, that this makes my standpoint more clear as telling
 users: This software is under GPL vXX.  I fully aggree with the
 Debian philosophy and this is why I stay with it (even if it steals
 me sometimes th last nerv ;-) )
 
 What do you think about it?
 

IMO, there is something wrong with your statement.

The point is that it's very difficult to determine whether a license
complies with DFSG.

Suppose that someone created a new license which is against DFSG, but
s/he can still disclaim it complies with DFSG. You cannot decide that
hir license is against the DFSG, nor do the Debian community. If the
Debian community say a license is against DFSG, they only express their
opinion. And according to their opinion, they won't  add any software
solely under this license to Debian main. That's what they can do. But
they cannot enforce other people to agree with their opinion, nor can
they enforce others to obey their decision. Everyone may have their
different opinions, the Debian community never want to impose their
opinion on others. The decision made by the Debian community only
applies to the Debian Project.

Even if you take this matter to court, since the DFSG is a publicly
stated policy, rather than a legal statement, the case will become very
complex.

Therefore, IMO, you should not use a statement like any Licence which
complay with the DFSG.

The licenses  below are currently found in Debian main:

GNU General Public License (common)
GNU Lesser General Public License (common)
GNU Library General Public License (common)
Modified BSD License (common)
Perl Artistic license (common)
Apache License
MIT/X11-style licenses
zlib-style licenses
LaTeX Project Public License
Python Software Foundation License
Ruby's License
PHP License
W3C Software Notice and License
OpenSSL License
Sleepycat License
Common UNIX Printing System License Agreement
vhf Public License
No problem Bugroff license

You can choose one or more license from them. (Personally, I think use
Modified BSD is enough, because it is compatible with many licenses
listed above.)

If someone want to use other licenses which is not compatible with any
license listed above to distribute your software, the license probably
doesn't comply with the DFSG. Of course, it is possible that the license
they want to use does comply with the DFSG. However, I think few people
will need to use such licenses. If they do, they always can ask for your
permission.



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Re: cdrtools

2006-08-12 Thread Daniel Schepler
On Saturday 12 August 2006 02:47 am, Thomas Bushnell BSG wrote:
 Daniel Schepler [EMAIL PROTECTED] writes:
  According to the GPL, section 0:
 
The act of running the Program is not restricted...
 
  And since dynamic linking is done at the time the program is run, this
  would appear to me to be what applies.  In particular, it appears to me
  that you could satisfy the GPL and still dynamically link against a
  non-free library, and distribute both, by invoking the mere aggregation
  clause of section 2.

 This does not mean that anything that happens when you run the program
 is not restricted.  For example, the act of running GNU cp and sed is
 not restricted, but that cann't possibly mean that the GPL gives you
 carte blanche to go ahead and violate the GPL through use of cp and
 sed.

I'm afraid I don't see what your point is, here.  Of course the GPL allowing 
me to use a GPL'd httpd to distribute non-free software doesn't automatically 
mean I would be blameless if I used it to distribute, say, a non-free program 
foo linked against libmad.  The point, I think, is that distributing such a 
thing as the non-free binary of foo along with a package of a shared libmad 
is essentially the same as distributing a binary with libmad linked in 
statically, which is clearly disallowed.  Both are just different ways of 
distributing the combined work of foo + libmad.
-- 
Daniel Schepler


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Re: cdrtools

2006-08-12 Thread Thomas Bushnell BSG
Daniel Schepler [EMAIL PROTECTED] writes:

 On Saturday 12 August 2006 02:47 am, Thomas Bushnell BSG wrote:
 Daniel Schepler [EMAIL PROTECTED] writes:
  According to the GPL, section 0:
 
The act of running the Program is not restricted...
 
  And since dynamic linking is done at the time the program is run, this
  would appear to me to be what applies.  In particular, it appears to me
  that you could satisfy the GPL and still dynamically link against a
  non-free library, and distribute both, by invoking the mere aggregation
  clause of section 2.

 This does not mean that anything that happens when you run the program
 is not restricted.  For example, the act of running GNU cp and sed is
 not restricted, but that cann't possibly mean that the GPL gives you
 carte blanche to go ahead and violate the GPL through use of cp and
 sed.

 I'm afraid I don't see what your point is, here.  Of course the GPL
 allowing me to use a GPL'd httpd to distribute non-free software
 doesn't automatically mean I would be blameless if I used it to
 distribute, say, a non-free program foo linked against libmad.  The
 point, I think, is that distributing such a thing as the non-free
 binary of foo along with a package of a shared libmad is essentially
 the same as distributing a binary with libmad linked in statically,
 which is clearly disallowed.  Both are just different ways of
 distributing the combined work of foo + libmad.

Yes, I agree completely.  This seems to be the exact opposite of what
you said in the quoted text above.

Thomas


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Re: DFSG as Licence?

2006-08-12 Thread Francesco Poli
On Fri,  7 Jul 2006 13:36:40 +0200 Michelle Konzack wrote:

[...]
 I was thinking to use the term:
 
 Licence: This software is under any Licence which complay
  with the Debian Free Software Guidelines (DFSG).
 
[...]
 What do you think about it?

There are some major problems with such a mutant license.

First of all, and most importantly, who is going to decide whether a
particular license complies with the DFSG?
For the purpose of inclusion of a work into Debian, this task is
accomplished by the packager, possibly with the help of debian-legal as
an advisory group, and ultimately by the ftp-masters (whose decisions
could be overruled by the Debian Project as a whole via GR)[1].

[1] anyone more knowledgeable than me about Debian Constitution and
Debian Policy is encouraged to correct me, if I'm wrong... 

But who is going to decide whether a particular license complies with
DFSG for the purpose of complying with your mutant license?
What if I do something with your work and you sue me for copyright
infringement?
I claim that I was doing something allowed by license XYZ which I think
complies with the DFSG.  You claim that license XYZ does not comply
with the DFSG.  A court has to decide who is right and who is wrong,
but no court is used to determine whether a license complies with the
DFSG.


Second, it's not very clear what complying with the DFSG means for a
*license*.  The DFSG are guidelines to determine if a *work* is or isn't
Free Software (according to Debian standards).  The license plays an
important role in making a work Free, but it's not the only thing to be
taken into account (availability of source code, actively enforced
patents, and other details are to be considered too).


Third, your mutant license is a contorted way to more or less
effectively release a work under in a all-permissive manner.  Let's see
why: the DFSG never pose upper limits to granted permissions, they only
pose lower limits.  Hence a license permissive enough complies with the
DFSG for sure.  I, as a licensee, would obviously choose the most
permissive license I can, among a set of proposed ones.
I could for example choose the Expat license[2] (or even some more
permissive one): it definitely complies with the DFSG (I think there
are no reasonable doubts about it).
See?  At the end of the day, the result of your mutant license is
basically the same as having released the work under the Expat
license[2].

[2] http://www.jclark.com/xml/copying.txt


So, to summarize, I recommend you against adopting your proposed
mutant license.  I suggest you instead release your works in a clearly
DFSG-free manner by adopting a suitable license.  If you want to be
(almost) all-permissive, a good choice is the Expat license: it's
simple, short, and compatible with everything else.


HTH, IANAL, IANADD.

-- 
But it is also tradition that times *must* and always
do change, my friend.   -- from _Coming to America_
. Francesco Poli .
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Re: Creative Commons 3.0 Public draft -- news and questions

2006-08-12 Thread Francesco Poli
On Thu, 10 Aug 2006 11:26:13 -0400 Evan Prodromou wrote:

 So, I have big news and a big question.
 
 Big news
 
 
 Creative Commons has announced the public draft of the next version of
 their license suite:
 
 http://creativecommons.org/weblog/entry/6017
[...]
 http://evan.prodromou.name/Debian_Creative_Commons_Workgroup_report

Thanks for the URLs.
I will look at the license as soon as I can...

 
 Big question
 
[...]
 The big question for debian-legal is whether the new license draft is
 compatible with the DFSG. I hope that debian-legal subscribers will
 look over the new license carefully and post opinions here or on the
 cc-licenses mailing list.

I hope I can manage to analyze the rest of the license in the next few
days, but it won't be easy... Too many new drafts to review in this
August!  :-(

 
 Creative Commons met almost all of the Workgroup's recommendations,
 and after a lot of review we've agreed that the works licensed solely
 under the CCPL 3.0 draft would be Free... with one exception.

Ouch!  :-/

 
 The exception is that the CCPL 3.0 has an anti-DRM (or anti-TPM)
 provision that doesn't allow distribution with copy protection
 features. The traditional wisdom is that prohibiting use of TPM puts
 an undue restriction on developers and doesn't let them experiment
 with TPM-required platforms. (Some console game systems, for example,
 require TPM for a program to run on the system.) Restricting the
 systems that a program can be ported to is incompatible with DFSG#3.

Right.

 
 One way to make anti-TPM clauses compatible with the DFSG is to allow
 parallel distribution -- that is, a developer can create a TPM'd
 version of a work as long as they also make available a cleartext one
 that people can modify, copy, etc. This lets developers experiment,
 but also lets downstream users exercise their rights, too.

Exactly.

 
 We'd originally negotiated a parallel distribution proviso, but the
 extra clause was later removed.

By reading the announcement I learn that such removal was due to strong
opposition from other interested parties, rather than the belief that it
was unneeded (being implicitly allowed by the wording of the clause or
something similar).  This seems to mean that Creative Commons interprets
the clause as forbidding parallel distribution of DRM-encumbered and
DRM-unencumbered copies...  Not a good start.  :-(

 So, the CCPL 3.0 license draft has
 this language for DRM restrictions:
 
 You may not impose any technological measures on the Work that
 restrict the ability of a recipient of the Work from You to
 exercise the rights granted to them under the License.
 
 Since we negotiated the license changes, Debian has had a GR to allow
 works licensed under the GFDL into main. The GFDL has the following
 anti-DRM clause:
 
 You may not use technical measures to obstruct or control the
 reading or further copying of the copies you make or
 distribute.
 
[...]
 The Debian Creative Commons Workgroup couldn't come to a clear
 conclusion on the matter, and it's not 100% clear what the effect of
 GR 2006-01 is on Debian as a whole.
 
 In my personal opinion, the question boils down to these points:
 
  1. Was GR 2006-01 an exception to the DFSG, or a clarification of
 our principles?

It was a single (absurd and mistaken, IMO) decision on the acceptability
of works under a single license.
Let's not extend the mistake to other cases or other licenses.  Maybe
someday the Debian Project will fix this mistake, let's not make it
worse than it already is.

  2. If it was a clarification, does this mean that anti-DRM
 clauses like the one in the FDL are compatible with the DFSG?

If you take GR-2006-001 as a clarification of our principles, you say,
basically, that *any* issue that can be found in the GFDL (besides
clauses that allow unmodifiable  unremovable parts) does comply with
the DFSG.  That's a slippery slope (if we accept that restriction, why
don't we accept that other one, which is similar?) and would quickly
destroy the meaning of the DFSG.  Debian should not become another OSI
(which approves and certifies almost any license that passes by)! 

  3. If so, is the anti-DRM clause in the CCPL 3.0 draft similar
 enough to the FDL's anti-DRM clause for us to consider it
 compatible with the DFSG?

Rather than comparing CC anti-DRM clause with the GFDL one, which is
clearly non-free[1], I would like to compare it with the GPLv3draft2
one, which gave me the impression of implicitly allowing parallel
distribution.

[1] regardless of what the GR states: a GR cannot magically change a
third-party license, nor change the DFSG, unless it requires a 3:1
supermajority, which wasn't required by the winning option


Here we go.
This is the CCv3draft0808060 anti-DRM clause, as quoted by Evan:

|   You may not impose any technological measures on the Work that
|   restrict the 

Re: Creative Commons 3.0 Public draft -- news and questions

2006-08-12 Thread Evan Prodromou
On Sat, 2006-12-08 at 23:05 +0200, Francesco Poli wrote: 
 Not a good start.  :-(

Let me take this opportunity to repeat my plea that people who have
feelings about this issue join the cc-licenses mailing list and post
messages on the topic.

http://lists.ibiblio.org/mailman/listinfo/cc-licenses

I've been trying to convey ideas from Debian, but it really helps if you
can state your ideas in your own voice.

~Evan

-- 
Evan Prodromou [EMAIL PROTECTED]
The Debian Project (http://www.debian.org/)


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