Re: Request for GR: clarifying the license text licensing / freeness issue

2007-05-01 Thread Fabian Fagerholm
On Sun, 2007-04-29 at 09:25 -0700, Ken Arromdee wrote:
 I still don't see the problem.
 
 First of all, the interpretation we wish to claim consistency under is all
 bits that are distributed by Debian must follow the DFSG.  Copyright law is
 not distributed by Debian, and needs no exception.

Neither do licenses, which are distributed because of necessity, are
extensions (or applications, if you will) of copyright law, and must be
taken as such, like the SC and DFSG do.

 Second, what will happen in practice is that there will be text that is so
 short and functional that it can't be copyrighted.  Example: package is under
 the GPL.  The FSF then says you can reuse the text of the GPL as long as
 you change the name.
 
 There's no infinite regress, because you can reuse the text of the GPL as
 long as you change the name isn't copyrightable.

This is just one of many possible cases. Someone might want copyleft
terms for their meta-license, and might end up with a license that is
copyrightable, which then in turn needs a license. We can't anticipate
all cases, but your example is no more likely than the next.


Anyway, we're already far beyond what is practical and although this
has been interesting for me because I've had the chance to dig a bit
deeper into these documents and concepts, I feel that we're already
outside the meeting room, discussing in the corridor, lights are being
shut off, everyone else has gone home and the janitor is rattling with
his keychain and giving us meaningful looks as he's making his final
round before locking up for the weekend...

:)

Thanks,
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Re: Request for GR: clarifying the license text licensing / freeness issue

2007-05-01 Thread Ken Arromdee
On Tue, 1 May 2007, Fabian Fagerholm wrote:
  First of all, the interpretation we wish to claim consistency under is all
  bits that are distributed by Debian must follow the DFSG.  Copyright law is
  not distributed by Debian, and needs no exception.
 Neither do licenses, which are distributed because of necessity,

Something that is distributed by necessity is still distributed.

Copyright law is actually *not distributed* by Debian.  We don't have a text
file which says Current Copyright Law and which includes excerpts from legal
codes and judges' decisions.


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Re: New Ion3 licence

2007-05-01 Thread Josselin Mouette
Le samedi 28 avril 2007 à 02:27 +0200, Francesco Poli a écrit :
  Then I think you've misread.  Patch clauses and name change clauses
  are explicitly allowed under the DFSG, although they are discouraged
  for obvious reasons.  The fact that some revisionists dislike them
  doesn't make them fodder for non-free.
 
 There's no revisionism going on here, AFAICT.
 The quoted clause 3 seems to be neither a patch-only clause, nor a
 name-change clause.

They are a name-change clause: without the name change the license is
non-free, with the name change it is.

 This seems to mean that I can redistribute an *unaltered* package for 28
 days from its initial release, then this permission suddenly
 *disappears*, *unless* I change the name to something unrelated or add a
 word such as ancient to the name itself.
 We're talking about an original *unmodified* version of the work, while
 DFSG#4 talks about modified versions of works:

Then let's modify it - say, by renaming it and adding a debian/
directory - and we'll have a modified version that's DFSG-free.

 In fact, the above-quoted clause 3 fails to meet DFSG#1, which states:
 
 ]   1. Free Redistribution
 ]  The license of a Debian component may not restrict any party from
  ^^^
 ]  selling or giving away the software as a component of an
^^^

Sure, we cannot distribute the non-modified one. And we can distribute
the modified version. No problem here either.

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Re: New Ion3 licence

2007-05-01 Thread Josselin Mouette
Le dimanche 29 avril 2007 à 17:18 +0100, MJ Ray a écrit :
 Is this what is going to happen to free software as it becomes
 more popular?  Every author's ego projection will trump sharing and
 redistribution?  Heck, if their ego is that demanding, why don't they call
 the official version Brian Clough's ion3 (or whatever the author's name
 is)?

Looks like the only one who managed to flatter his ego while keeping his
software DFSG-free is Hans Reiser. 

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`. `'   We will add your hardware and software distinctiveness to
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Re: New Ion3 licence

2007-05-01 Thread Francesco Poli
On Tue, 01 May 2007 20:33:16 +0200 Josselin Mouette wrote:

 Le samedi 28 avril 2007 à 02:27 +0200, Francesco Poli a écrit :
[...]
  This seems to mean that I can redistribute an *unaltered* package
  for 28 days from its initial release, then this permission suddenly
  *disappears*, *unless* I change the name to something unrelated or
  add a word such as ancient to the name itself.
  We're talking about an original *unmodified* version of the work,
  while
  DFSG#4 talks about modified versions of works:
 
 Then let's modify it - say, by renaming it and adding a debian/
 directory - and we'll have a modified version that's DFSG-free.

No, I don't think it would be DFSG-free, because clause 3 would apply
to the modified version too, and nobody could redistribute the
*unaltered* Debian package after 28 days from its initial release,
without a further rename...


But anyway, let's stop discussing about this clause 3.  Now upstream
seems to be considering a different licensing strategy: staying with
LGPL as far as copyright is concerned, and adding non-free trademark
restrictions.  Please take a look at
http://lists.debian.org/debian-legal/2007/04/msg00252.html


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Re: New Ion3 licence

2007-05-01 Thread Francesco Poli
On Tue, 01 May 2007 20:39:37 +0200 Josselin Mouette wrote:

 Le dimanche 29 avril 2007 à 17:18 +0100, MJ Ray a écrit :
  Is this what is going to happen to free software as it becomes
  more popular?  Every author's ego projection will trump sharing and
  redistribution?  Heck, if their ego is that demanding, why don't
  they call the official version Brian Clough's ion3 (or whatever
  the author's name is)?
 
 Looks like the only one who managed to flatter his ego while keeping
 his software DFSG-free is Hans Reiser. 

Maybe, but after long and heated discussions (I remember one on
debian-legal, back on April/May 2004...).


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Re: Problem with LARGE files

2007-05-01 Thread Anthony W. Youngman
In message [EMAIL PROTECTED], Chris 
Jefferson [EMAIL PROTECTED] writes
Would it be reasonable to request someone had to spend £100 on an 
external hard disc and postage if they wanted to request the source 
to my program? and is there any way I could ever get such a program 
into Debian? Perhaps a different license?


The GPL allows you to charge for the cost of distributing source. If you 
state up front that if the customer wants source, it's provided on a 
hard disk and costs £100, I can't see a problem.


Indeed, if it's that big, and impractical to provide on DVD, I can't see 
a problem if you *don't* state that up front.


Of course, if you charge £100, you'll get the gratis software police 
moaning blue murder that it's not free but the GPL (and *F*ree 
Software) isn't interested in that sort of argument. At the end of the 
day, the GPL allows you to recover reasonable costs for distributing 
source, and if you say that the only reasonable way to distribute that 
quantity of source is on hard disk, then they have to pay for it if they 
want it. And you can say to them well, you put it on a free download 
site then. I don't care!. Unless they've got more money than sense, or 
are desperate to flaunt their gratis credentials, they'll back off 
sharply!


Cheers,
Wol
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