License question: GPL+Exception

2007-05-12 Thread Alan Baghumian
Hi,

I'm a member of the font packaging team. Red Hat recently has released a
set of fonts under the GPL with an exception about it's trademarks. This
fonts can cover the lack of Arial, Times and Courier fonts.

We started our work to package them for Debian but noticed that's better
to ask debian-legal about the license before uploading the package.

You can find the exact license here:
http://svn.debian.org/wsvn/pkg-fonts/packages/ttf-liberation/trunk/debian/copyright?op=filerev=0sc=0

Please advise if it's needed to add something in the copyright file or so.

Thanks,
Alan


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Re: License question: GPL+Exception

2007-05-12 Thread Francesco Poli
On Sat, 12 May 2007 20:52:05 +0100 (BST) Alan Baghumian wrote:

[...]
 You can find the exact license here:
 http://svn.debian.org/wsvn/pkg-fonts/packages/ttf-liberation/trunk/debian/copyright?op=filerev=0sc=0


Mmmmh, does the following exception constitute an additional
restriction with respect to the GNU GPL v2?

| (b) As a further exception, any distribution of the object code of the
| Software in a physical product must provide you the right to
| access and modify the source code for the Software and to
| reinstall that modified version of the Software in object code
| form on the same physical product on which you received it.

If this is the case, the work could be even undistributable, because
it's licensed under inconsistent[1] terms (GPLv2 + additional
restrictions).

What do other debian-legal contributors think?


[1] For a more detailed explanation of the problems that arise from
adding restrictions to the GPL v2, see the following thread:
http://lists.debian.org/debian-legal/2006/05/msg00298.html
Especially take a look at this reply from RMS:
http://lists.debian.org/debian-legal/2006/05/msg00303.html
and at my analysis:
http://lists.debian.org/debian-legal/2006/05/msg00309.html


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Re: License question: GPL+Exception

2007-05-12 Thread Wesley J. Landaker
On Saturday 12 May 2007 13:30:43 Francesco Poli wrote:
 Mmmmh, does the following exception constitute an additional
 restriction with respect to the GNU GPL v2?

 | (b) As a further exception, any distribution of the object code of the
 | Software in a physical product must provide you the right to
 | access and modify the source code for the Software and to
 | reinstall that modified version of the Software in object code
 | form on the same physical product on which you received it.

 If this is the case, the work could be even undistributable, because
 it's licensed under inconsistent[1] terms (GPLv2 + additional
 restrictions).

 What do other debian-legal contributors think?

This makes it GPL incompatible, but I think it's still DFSG free.

The GPL says:


  6. Each time you redistribute the Program (or any work based on the
Program), the recipient automatically receives a license from the
original licensor to copy, distribute or modify the Program subject to
these terms and conditions.  You may not impose any further
restrictions on the recipients' exercise of the rights granted herein.
You are not responsible for enforcing compliance by third parties to
this License.


So if you redistribute the Program, you may not impose any further 
restrictions. Obviously others, like Debian, could not add additional 
restrictions. However, assuming RedHat is not using parts of GPL software 
in their fonts, they are free to add addition restrictions the their 
originally licensed software--as they copyright holders, they can use any 
license they want. 

So if they say their fonts are GPL+restriction, the fonts are NOT GPL 
compatible, but as long as the restriction itself is DFSG free, the work as 
a whole should be fine. 

The restriction they've added itself is very GPLv3-esque, so I don't see why 
it wouldn't be DFSG free[1].

[1] Cue someone who will point out a billion reasons why they think similar 
clauses in GPLv3 drafts aren't DFSG.

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Re: License question: GPL+Exception

2007-05-12 Thread Francesco Poli
On Sat, 12 May 2007 13:55:23 -0600 Wesley J. Landaker wrote:

 On Saturday 12 May 2007 13:30:43 Francesco Poli wrote:
[...]
  If this is the case, the work could be even undistributable, because
  it's licensed under inconsistent[1] terms (GPLv2 + additional
  restrictions).
 
  What do other debian-legal contributors think?
 
 This makes it GPL incompatible, but I think it's still DFSG free.
 
 The GPL says:
 
 
   6. Each time you redistribute the Program (or any work based on the
 Program), the recipient automatically receives a license from the
 original licensor to copy, distribute or modify the Program subject to
 these terms and conditions.  You may not impose any further
   ^^
 restrictions on the recipients' exercise of the rights granted herein.
  ^^
 You are not responsible for enforcing compliance by third parties to
 this License.
 
 
 So if you redistribute the Program, you may not impose any further 
 restrictions.

You may not impose any further restrictions with respect to the *rights
granted by the GPL*.  But there are already such restrictions, and you
cannot remove them because you are not the copyright holder.
Hence you cannot comply with the license and the work is
undistributable.

Please see the thread that I referenced in the footnote of my previous
message.

 Obviously others, like Debian, could not add additional 
 restrictions. However, assuming RedHat is not using parts of GPL
 software  in their fonts, they are free to add addition restrictions
 the their  originally licensed software--as they copyright holders,
 they can use any  license they want.

They can use any license they want, but if they use a self-contradicting
one, we do *not* have a valid license and the result is an
undistributable work...

[...]
 The restriction they've added itself is very GPLv3-esque, so I don't
 see why  it wouldn't be DFSG free[1].

The fact that a clause is *similar* to one seen in a GPLv3 draft has
*never* been a valid reason why it should be considered DFSG-free.
Please, let's avoid drifting away from the topic we are talking about:
we are trying to analyze a GPLv2 + restrictions licensing scheme.



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Re: Bug#383316: Derivative works for songs

2007-05-12 Thread MJ Ray
Francesco Poli [EMAIL PROTECTED] wrote:
 However, if the author says that it's a metal version of Ryu's theme, I
 think he means that the melody is the same, even though the musical
 genre is changed.
 *If* this is the case, I would call it a cover and hence I'm afraid it
 qualifies as an adaptation or derivative work of the original
 soundtrack, which is copyrighted by CAPCOM (most probably).
 
 On Fri, 11 May 2007 16:05:34 +0100 Matthew Johnson wrote:
  Obviously debian-legal are not lawyers, but I would appreciate your
  opinions. I could just leave it out to be on the safe side, I could
  leave it in, hope that the ftp-masters accept it and hope that nothing
  comes of it or I could try and get an opinion from someone like SPI.
 
 I would leave it out.

I agree.

 There's another issue with the remaining four songs, though.
 Is their source available?
 I mean: what's the preferred form[1] for making modifications to the
 songs?  Is this form available?

I hope that the scores are available, or a track-by-track recording,
to avoid any build-depends on Sony ACID Pro 5 in a really clear way.

However, for debian compilation of the game, isn't the preferred source
form the mixed recording?  The one used in the build?

Puzzled,
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Re: License question: GPL+Exception

2007-05-12 Thread Wesley J. Landaker
On Saturday 12 May 2007 16:01:25 Francesco Poli wrote:
 You may not impose any further restrictions with respect to the *rights
 granted by the GPL*.  But there are already such restrictions, and you
 cannot remove them because you are not the copyright holder.
 Hence you cannot comply with the license and the work is
 undistributable.

A licensee can't, but the copyright holder can. Their license is NOT the 
GPL, but GPL + exceptions  restrictions. That is perfectly valid, just not 
GPL compatible. The exception they have adds extra freedom, and I believe 
the one restriction they add is DFSG-free.

Anyway, I'm not going to get into a big debate about it. The OP is just 
going to have to decide, and if the upload the package, the ftp-masters 
will have to decide what they believe.

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Re: License question: GPL+Exception

2007-05-12 Thread Michael Poole
Wesley J. Landaker writes:

 On Saturday 12 May 2007 16:01:25 Francesco Poli wrote:
 You may not impose any further restrictions with respect to the *rights
 granted by the GPL*.  But there are already such restrictions, and you
 cannot remove them because you are not the copyright holder.
 Hence you cannot comply with the license and the work is
 undistributable.

 A licensee can't, but the copyright holder can. Their license is NOT the 
 GPL, but GPL + exceptions  restrictions. That is perfectly valid, just not 
 GPL compatible. The exception they have adds extra freedom, and I believe 
 the one restriction they add is DFSG-free.

The text of the GPL is copyrighted.  To the best of my knowledge, the
FSF is like most of the free software community in generally
discouraging the creation such derivative licenses.  In any case, the
copyright owner for this software really should talk to the FSF about
getting permission to use the text of the GPL in a GPL+limitations
type of license.

Michael Poole


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