Bacula and OpenSSL

2007-07-12 Thread Kern Sibbald
Hello Shane,

Bacula is nearing the end of a development cycle and the next version will be 
released in a matter of weeks, so I would like to revisit the problem that 
recently came up with the Bacula license.  My purpose is not to debate the 
issues but rather come up with a plan forward for Bacula so that all 
distributions can use it with OpenSSL or any other Open Source code without 
problems.  Please excuse me if I provide you with a bit of my reasoning and 
thoughts -- the idea is to help you target responses so I can end up with an 
accpetable solution.

History:
Bacula originally used the GPL v2 license, but I added some modifications to 
it -- most if not all are (IMO) now contained in the GPL v3.  However, some 
of my original modifications created objections with Debian, so I removed 
them. In addition, Debian has an issue with distributing Bacula linked with 
OpenSSL and as a consequence, I added a modification to the GPL permitting 
Debian to link Bacula with OpenSSL.

In more recent discussions with you, it seems that some of my modifications to 
the GPL (particularly the Debian clause) created a legal problem with 
Fedora and hence Red Hat because the GPL v2 is incompatible with the OpenSSL 
license and because there are about 10-20 files in the Bacula source that are 
copyrighted by third-parties under the GPL, so by modifying my license, I was 
or could have been technically violating their licenses.

Most recently, I removed all modifications I had made to the GPL so the Bacula 
code written by myself and Bacula contributors is copyrighted under GPL v2.

Where we are:
As the Bacula source code currently stands, I expect that since it is pure GPL 
that it is acceptable as is to most distros.  However, my understanding is 
that Debian will not be able to build the next version with OpenSSL due to 
their interpretation of the GPL.  I find this a pity -- particularly because 
Debian was the first distro to officially package Bacula, and because I am 
also moving my systems over time to a Debian base.

What I would like:
I would like Bacula to be able to be freely used by all distros without 
licensing problems with any Open Source software including OpenSSL.

How do we get there?
It seems to me that there are a number of alternatives:

1. Convert Bacula to use gnutls.  One Debian user is working on this, but it 
is not a small nor an easy project.  And though it is something I consider 
very worthwhile for Bacula to work with gnutls, it doesn't resolve the 
problem of using Bacula with OpenSSL.

2. You recently mentioned to me that GPL v3 may be a solution.  Like Linus, I 
don't see any reason to switch to GPL v3, but if using GPL v3 makes Bacula 
compatible with OpenSSL AND all distros are happy with that, it seems to me 
to be an easy solution.  I know that GPL v3 is compatible with the Apache 
license, but can you confirm whether or not it is compatible with whatever 
OpenSSL uses?  I would also appreciate having Debian's legal view on this 
question.

3. Barring item 2, it seems to me that the only solution is to eliminate all 
third party software from Bacula and change the license to less restrictive 
one that permits Bacula being linked with any Open Source software.

Does anyone see any other solutions that I am missing?

If at all possible, I would like to get at least the direction on how to 
resolve this defined within the next several weeks.  If alternative 2 is 
viable, it is something that I can probably do for release 2.2.0. 

Best regards,

Kern


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Re: Bacula and OpenSSL

2007-07-12 Thread Gervase Markham

Kern Sibbald wrote:
2. You recently mentioned to me that GPL v3 may be a solution.  Like Linus, I 
don't see any reason to switch to GPL v3, but if using GPL v3 makes Bacula 
compatible with OpenSSL AND all distros are happy with that, it seems to me 
to be an easy solution.  I know that GPL v3 is compatible with the Apache 
license, but can you confirm whether or not it is compatible with whatever 
OpenSSL uses?  I would also appreciate having Debian's legal view on this 
question.


I don't believe that Debian provides legal views...

My personal view is that GPLv3 is not compatible with the OpenSSL license.

The problematic part of the OpenSSL license is the BSD advertising clause:

 * 3. All advertising materials mentioning features or use of this
 *software must display the following acknowledgment:
 *This product includes software developed by the OpenSSL Project
 *for use in the OpenSSL Toolkit. (http://www.openssl.org/)
(From http://www.openssl.org/source/license.html)

The only way this might be compatible with GPLv3 is if this clause was 
permitted by one of the clauses in GPLv3 section 7, Additional Terms. 
The only one under which it might fit is clause b):


  Notwithstanding any other provision of this License, for material you
  add to a covered work, you may (if authorized by the copyright holders
  of that material) supplement the terms of this License with terms:
  ...
  * b) Requiring preservation of specified reasonable legal notices
  or author attributions in that material or in the Appropriate Legal
  Notices displayed by works containing it;
(From http://www.gnu.org/licenses/gpl.html)

However, this only permits requiring preservation of notices in the 
material. An advertisement mentioning OpenSSL is not part of OpenSSL, 
and so this clause does not make point 3. of the OpenSSL license 
GPLv3-compatible.


3. Barring item 2, it seems to me that the only solution is to eliminate all 
third party software from Bacula and change the license to less restrictive 
one that permits Bacula being linked with any Open Source software.


This seems the correct way forward in the long term.

Gerv


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Re: Bacula and OpenSSL

2007-07-12 Thread Shane M. Coughlan
-BEGIN PGP SIGNED MESSAGE-
Hash: SHA1

Hi Kern

Kern Sibbald wrote:
 What I would like:
 I would like Bacula to be able to be freely used by all distros without 
 licensing problems with any Open Source software including OpenSSL.
snip
 1. Convert Bacula to use gnutls.  One Debian user is working on this, but it 
 is not a small nor an easy project.  And though it is something I consider 
 very worthwhile for Bacula to work with gnutls, it doesn't resolve the 
 problem of using Bacula with OpenSSL.

I understood that you require OpenSSL for Bacula due to user demand, so
you could not replace it by GNUTLS entirely. Is that correct?

 2. You recently mentioned to me that GPL v3 may be a solution.  Like Linus, I 
 don't see any reason to switch to GPL v3, but if using GPL v3 makes Bacula 
 compatible with OpenSSL AND all distros are happy with that, it seems to me 
 to be an easy solution.  I know that GPL v3 is compatible with the Apache 
 license, but can you confirm whether or not it is compatible with whatever 
 OpenSSL uses?  I would also appreciate having Debian's legal view on this 
 question.

There was the possibility that the final GPLv3 might turn out compatible
with the OpenSSL licence. However, the published GPLv3 is not compatible
with the OpenSSL licence. To be sure I also confirmed this with Brett
Smith at FSF in Boston.

 3. Barring item 2, it seems to me that the only solution is to eliminate all 
 third party software from Bacula and change the license to less restrictive 
 one that permits Bacula being linked with any Open Source software.

The issue flagged by Fedora concerned that third-party code. In essence:
If you remove all the vanilla GPLv2 or later software from Bacula you
could also move back to your previous GPL+extra clauses license, or to a
GPLv3 + OpenSSL exception license.

Regards

Shane

- --
Shane Coughlan
FTF Coordinator
Free Software Foundation Europe
Office: +41435000366 ext 408 / Mobile: +41792633406
[EMAIL PROTECTED]
Support Free Software  http://fsfe.org
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Re: GPL v3 app with copied GPLv2 or later source and linked against LGPL-2 or later libraries

2007-07-12 Thread Joe Smith


Anthony W. Youngman [EMAIL PROTECTED] wrote in message 
news:[EMAIL PROTECTED]
In message [EMAIL PROTECTED], Neil Williams 
[EMAIL PROTECTED] writes

All the gnucash source code used in gpe-cash is GPLv2 or later.
The Gtk frontend for gpe-cash is GPLv3 or later. I am therefore
using my option to distribute and modify the gnucash source code
under a later version of the GPL, bringing the entire source code
for gpe-cash under version 3 of the GPL. This specifically includes
the shared library libqofcashobjects.
Neil Williams [EMAIL PROTECTED]


You are NOT bringing the entire source code for gpe-cash under version 3 
of the GPL. If it was licenced 2 or later, it STAYS 2 or later.


What you are doing is saying gpe-cash contains some code that is '2 or 
later' and some code that is '3 only' or '3 or later', therefore 3 is the 
only licence that is valid for gpe-cash.


To re-iterate. You are NOT changing the pre-existing licence on code 
you've borrowed. But because of the mix of licences, the only licence that 
is valid for the combined work is v3.


Perhaps a bit pedantic, but you are right. What he is doing is doesn't 
actually
change the licences, but the result effectively has the licence of GPL v3 
(or perhaps
GPL v3 or Later). 




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Re: Bacula and OpenSSL

2007-07-12 Thread Steve Langasek
On Thu, Jul 12, 2007 at 06:06:14PM +0200, Shane M. Coughlan wrote:
  2. You recently mentioned to me that GPL v3 may be a solution.  Like Linus, 
  I 
  don't see any reason to switch to GPL v3, but if using GPL v3 makes Bacula 
  compatible with OpenSSL AND all distros are happy with that, it seems to me 
  to be an easy solution.  I know that GPL v3 is compatible with the Apache 
  license, but can you confirm whether or not it is compatible with whatever 
  OpenSSL uses?  I would also appreciate having Debian's legal view on this 
  question.

 There was the possibility that the final GPLv3 might turn out compatible
 with the OpenSSL licence. However, the published GPLv3 is not compatible
 with the OpenSSL licence. To be sure I also confirmed this with Brett
 Smith at FSF in Boston.

I agree that the GPLv3 is not compatible with the OpenSSL license, in the
sense that code licensed under the OpenSSL license cannot be included in a
GPLv3 work.  However, the GPLv3 does include a broader (if no more easily
understood) system exception clause, which seems to allow distributing GPLv3
binaries that are /dynamically linked/ against OpenSSL.  Is this not the
position of FSF/FSF Europe?

  3. Barring item 2, it seems to me that the only solution is to eliminate 
  all 
  third party software from Bacula and change the license to less restrictive 
  one that permits Bacula being linked with any Open Source software.

 The issue flagged by Fedora concerned that third-party code. In essence:
 If you remove all the vanilla GPLv2 or later software from Bacula you
 could also move back to your previous GPL+extra clauses license, or to a
 GPLv3 + OpenSSL exception license.

Is there some reason that marking only his code as GPLv2 + OpenSSL
exception, making it clear that other code (and which other code) included
in Bacula does not have such an exception, would not be acceptable to all
parties?  Granting an additional permission is not modifying the GPL, and as
long as the permission is detachable it would not make the license
incompatible with the vanilla GPLv2 used in other parts of the work; and
that would permit distributors to make an informed decision whether to
excise the GPLv2-only code in order to distribute binaries linked against
OpenSSL.

Thanks,
-- 
Steve Langasek   Give me a lever long enough and a Free OS
Debian Developer   to set it on, and I can move the world.
[EMAIL PROTECTED]   http://www.debian.org/


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Re: Bacula and OpenSSL

2007-07-12 Thread Kern Sibbald
On Thursday 12 July 2007 18:06, Shane M. Coughlan wrote:
 Hi Kern
 
 Kern Sibbald wrote:
  What I would like:
  I would like Bacula to be able to be freely used by all distros without
  licensing problems with any Open Source software including OpenSSL.
 snip
  1. Convert Bacula to use gnutls.  One Debian user is working on this, but 
it
  is not a small nor an easy project.  And though it is something I consider
  very worthwhile for Bacula to work with gnutls, it doesn't resolve the
  problem of using Bacula with OpenSSL.
 
 I understood that you require OpenSSL for Bacula due to user demand, so
 you could not replace it by GNUTLS entirely. Is that correct?

Yes, that is essentially correct. gnutls could replace OpenSSL for nearly 
everyone, but some institutions such as banks and financial instututions may 
need the extra certification that OpenSSL has.

 
  2. You recently mentioned to me that GPL v3 may be a solution.  Like 
Linus, I
  don't see any reason to switch to GPL v3, but if using GPL v3 makes Bacula
  compatible with OpenSSL AND all distros are happy with that, it seems to 
me
  to be an easy solution.  I know that GPL v3 is compatible with the Apache
  license, but can you confirm whether or not it is compatible with whatever
  OpenSSL uses?  I would also appreciate having Debian's legal view on this
  question.
 
 There was the possibility that the final GPLv3 might turn out compatible
 with the OpenSSL licence. However, the published GPLv3 is not compatible
 with the OpenSSL licence. To be sure I also confirmed this with Brett
 Smith at FSF in Boston.

OK, thanks for the confirmation -- too bad.

 
  3. Barring item 2, it seems to me that the only solution is to eliminate 
all
  third party software from Bacula and change the license to less 
restrictive
  one that permits Bacula being linked with any Open Source software.
 
 The issue flagged by Fedora concerned that third-party code. In essence:
 If you remove all the vanilla GPLv2 or later software from Bacula you
 could also move back to your previous GPL+extra clauses license, or to a
 GPLv3 + OpenSSL exception license.

OK, I think the possible solutions are pretty clear to me.  Thank you for the 
rapid response.

Best regards,

Kern

 
 Regards
 
 Shane
 
 --
 Shane Coughlan
 FTF Coordinator
 Free Software Foundation Europe
 Office: +41435000366 ext 408 / Mobile: +41792633406
 [EMAIL PROTECTED]
 Support Free Software  http://fsfe.org
 


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Re: Bacula and OpenSSL

2007-07-12 Thread Kern Sibbald
On Thursday 12 July 2007 18:06, Gervase Markham wrote:
 Kern Sibbald wrote:
  2. You recently mentioned to me that GPL v3 may be a solution.  Like 
Linus, I 
  don't see any reason to switch to GPL v3, but if using GPL v3 makes Bacula 
  compatible with OpenSSL AND all distros are happy with that, it seems to 
me 
  to be an easy solution.  I know that GPL v3 is compatible with the Apache 
  license, but can you confirm whether or not it is compatible with whatever 
  OpenSSL uses?  I would also appreciate having Debian's legal view on this 
  question.
 
 I don't believe that Debian provides legal views...

Perhaps it was a bad choice of words.  Debian has in the past provided me with 
their take on my license as it applies to their distribution, which is what 
interests me.

 
 My personal view is that GPLv3 is not compatible with the OpenSSL license.

That has been confirmed by FSFE (Shane).

 
 The problematic part of the OpenSSL license is the BSD advertising clause:
 
   * 3. All advertising materials mentioning features or use of this
   *software must display the following acknowledgment:
   *This product includes software developed by the OpenSSL Project
   *for use in the OpenSSL Toolkit. (http://www.openssl.org/)
 (From http://www.openssl.org/source/license.html)

I personally see no particular issue with the advertising clause from two 
points of view:
- if he really wants such an acknowledgement, why not. For me, it doesn't 
violate any of my fundamental rights.  If one mentions Windows, in any 
documentation whatsoever, one is required to mention that it is a trademark 
of Microsoft -- the same applies to a lot of other things as well, including 
the name Bacula :-)
- Bacula does no advertisment (we have a users manual, but that is not 
advertisement, IMO), so this clause would have no effect anyway.

 
 The only way this might be compatible with GPLv3 is if this clause was 
 permitted by one of the clauses in GPLv3 section 7, Additional Terms. 
 The only one under which it might fit is clause b):
 
Notwithstanding any other provision of this License, for material you
add to a covered work, you may (if authorized by the copyright holders
of that material) supplement the terms of this License with terms:
...
* b) Requiring preservation of specified reasonable legal notices
or author attributions in that material or in the Appropriate Legal
Notices displayed by works containing it;
 (From http://www.gnu.org/licenses/gpl.html)
 
 However, this only permits requiring preservation of notices in the 
 material. An advertisement mentioning OpenSSL is not part of OpenSSL, 
 and so this clause does not make point 3. of the OpenSSL license 
 GPLv3-compatible.
 
  3. Barring item 2, it seems to me that the only solution is to eliminate 
all 
  third party software from Bacula and change the license to less 
restrictive 
  one that permits Bacula being linked with any Open Source software.
 
 This seems the correct way forward in the long term.

Yes, that is the conculsion I have come to as well.  Thanks.

It seems a real pity to me that the GPL is so restrictive -- it should make my 
life as a programmer easier, but it has in fact made it harder.

Best regards,

Kern

 
 Gerv
 


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Re: Bacula and OpenSSL

2007-07-12 Thread Joe Smith


Kern Sibbald [EMAIL PROTECTED] wrote in message 
news:[EMAIL PROTECTED]

Hello Shane,

Bacula is nearing the end of a development cycle and the next version will 
be

released in a matter of weeks, so I would like to revisit the problem that
recently came up with the Bacula license.  My purpose is not to debate the
issues but rather come up with a plan forward for Bacula so that all
distributions can use it with OpenSSL or any other Open Source code 
without
problems.  Please excuse me if I provide you with a bit of my reasoning 
and
thoughts -- the idea is to help you target responses so I can end up with 
an

accpetable solution.

History:
Bacula originally used the GPL v2 license, but I added some modifications 
to
it -- most if not all are (IMO) now contained in the GPL v3.  However, 
some

of my original modifications created objections with Debian, so I removed
them. In addition, Debian has an issue with distributing Bacula linked 
with

OpenSSL and as a consequence, I added a modification to the GPL permitting
Debian to link Bacula with OpenSSL.

In more recent discussions with you, it seems that some of my 
modifications to

the GPL (particularly the Debian clause) created a legal problem with
Fedora and hence Red Hat because the GPL v2 is incompatible with the 
OpenSSL
license and because there are about 10-20 files in the Bacula source that 
are
copyrighted by third-parties under the GPL, so by modifying my license, I 
was

or could have been technically violating their licenses.


Well it is not a violation to have a mechanism to allow third parties to 
link to openSSL. The third parties
would be violating licences by linking the work (assuming the FSF's linking 
theories are in fact leagally sound),
however that is not your concern. What would be your concern is that 
distributions are often not willing to

distribute the linked executables, for obvious reasons.

However, for you the ideal situation would be to get permission from the 
copyright holders of the gpl'ed code you did not write to add a clause 
allowing linking to openssl. If you could do that, then just add the clause 
and everything is fine.


One other possibility you did not list in your message would be to convince 
openSSL to change the licence to one that is GPL-compatible. This seems 
highly unlikely (nearly impossible), but would finally fix this problem once 
and for all.  (The OpenSSL team feels the licence is GPL-compatible. It's 
unclear why, as it has a BSD like-advertising clause that is infamous for 
its GPL-incompatibility).





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Re: Bacula and OpenSSL

2007-07-12 Thread Josselin Mouette
Le jeudi 12 juillet 2007 à 16:41 +0200, Kern Sibbald a écrit :
 How do we get there?
 It seems to me that there are a number of alternatives:
 
 1. Convert Bacula to use gnutls.  One Debian user is working on this, but it 
 is not a small nor an easy project.  And though it is something I consider 
 very worthwhile for Bacula to work with gnutls, it doesn't resolve the 
 problem of using Bacula with OpenSSL.

This looks like a good thing to do in the long term anyway, and not only
for licensing matters.

 2. You recently mentioned to me that GPL v3 may be a solution.  Like Linus, I 
 don't see any reason to switch to GPL v3, but if using GPL v3 makes Bacula 
 compatible with OpenSSL AND all distros are happy with that, it seems to me 
 to be an easy solution.  I know that GPL v3 is compatible with the Apache 
 license, but can you confirm whether or not it is compatible with whatever 
 OpenSSL uses?  I would also appreciate having Debian's legal view on this 
 question.

The GPL v3 is not compatible with the OpenSSL license. However, section
6 states:
A separable portion of the object code, whose source code is
excluded from the Corresponding Source as a System Library, need
not be included in conveying the object code work.
Apart from the very bad wording, I think the OpenSSL libraries can be
perfectly considered as part of the System libraries.

This flaw of the GPLv3 is at least good for something. If your GPL
software can now be included in the HP-UX or AIX distribution, it can
also be included in Debian.

Please note that this is only applicable if your third-party
contributions are licensed under GPL v2 or later.

 3. Barring item 2, it seems to me that the only solution is to eliminate all 
 third party software from Bacula and change the license to less restrictive 
 one that permits Bacula being linked with any Open Source software.

GPL + OpenSSL exception would be enough to be sure. You may have more
luck convincing copyright owners to grant an OpenSSL exception than to
accept an entirely new license.

Cheers,
-- 
 .''`.
: :' :  We are debian.org. Lower your prices, surrender your code.
`. `'   We will add your hardware and software distinctiveness to
  `-our own. Resistance is futile.


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Re: Bacula and OpenSSL

2007-07-12 Thread Josselin Mouette
Le jeudi 12 juillet 2007 à 20:18 +0200, Kern Sibbald a écrit :
 It seems a real pity to me that the GPL is so restrictive -- it should make 
 my 
 life as a programmer easier, but it has in fact made it harder.

The main point of the GPL is not to make your life easier, but to
prevent your code from being used unfairly.

If you want to go the easy way you should choose the MIT license :)

-- 
 .''`.
: :' :  We are debian.org. Lower your prices, surrender your code.
`. `'   We will add your hardware and software distinctiveness to
  `-our own. Resistance is futile.


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Re: Bacula and OpenSSL

2007-07-12 Thread Kern Sibbald
On Thursday 12 July 2007 22:52, Josselin Mouette wrote:
 Le jeudi 12 juillet 2007 à 16:41 +0200, Kern Sibbald a écrit :
  How do we get there?
  It seems to me that there are a number of alternatives:
  
  1. Convert Bacula to use gnutls.  One Debian user is working on this, but 
it 
  is not a small nor an easy project.  And though it is something I consider 
  very worthwhile for Bacula to work with gnutls, it doesn't resolve the 
  problem of using Bacula with OpenSSL.
 
 This looks like a good thing to do in the long term anyway, and not only
 for licensing matters.
 
  2. You recently mentioned to me that GPL v3 may be a solution.  Like 
Linus, I 
  don't see any reason to switch to GPL v3, but if using GPL v3 makes Bacula 
  compatible with OpenSSL AND all distros are happy with that, it seems to 
me 
  to be an easy solution.  I know that GPL v3 is compatible with the Apache 
  license, but can you confirm whether or not it is compatible with whatever 
  OpenSSL uses?  I would also appreciate having Debian's legal view on this 
  question.
 
 The GPL v3 is not compatible with the OpenSSL license. However, section
 6 states:
 A separable portion of the object code, whose source code is
 excluded from the Corresponding Source as a System Library, need
 not be included in conveying the object code work.
 Apart from the very bad wording, I think the OpenSSL libraries can be
 perfectly considered as part of the System libraries.
 
 This flaw of the GPLv3 is at least good for something. If your GPL
 software can now be included in the HP-UX or AIX distribution, it can
 also be included in Debian.

Well, I don't consider the above a flaw. The flaw (restriction of my freedom) 
is in GPL if it does not permit linking with OpenSSL (IMO).

I agree with your interpretation, but I'm pretty sure that is not 
the official interpretation that Debian takes or am I mistaken?  

In fact, I consider for linking with Bacula as a separately installed piece of 
the system libraries that OpenSSL is part of the operating system in the 
same way that tcp wrappers or glibc is or any other library is, which would 
mean that there should be no problem with GPL v2.  However, I know as a fact 
that as far as GPL v2 goes, Debian definitely does not agree with my 
interpretation.

 
 Please note that this is only applicable if your third-party
 contributions are licensed under GPL v2 or later.

Bacula code is GPL v2, but all third party GPL'ed code (mostly FSF) is GPL v2 
or later.

 
  3. Barring item 2, it seems to me that the only solution is to eliminate 
all 
  third party software from Bacula and change the license to less 
restrictive 
  one that permits Bacula being linked with any Open Source software.
 
 GPL + OpenSSL exception would be enough to be sure. You may have more
 luck convincing copyright owners to grant an OpenSSL exception than to
 accept an entirely new license.

I am told that FSF never grants exceptions so this is a hopeless path that I 
have already explored.

Regards,

Kern

Unless Debian finds that GPL v3 will work with OpenSSL, barring one more 
unexplored avenue, over time, I'll purge all third party GPL'ed code and 
either modify or more likely switch off the GPL license ...

 
 Cheers,
 -- 
  .''`.
 : :' :  We are debian.org. Lower your prices, surrender your code.
 `. `'   We will add your hardware and software distinctiveness to
   `-our own. Resistance is futile.
 



Re: Bacula and OpenSSL

2007-07-12 Thread Kern Sibbald
On Thursday 12 July 2007 22:59, Josselin Mouette wrote:
 Le jeudi 12 juillet 2007 à 20:18 +0200, Kern Sibbald a écrit :
  It seems a real pity to me that the GPL is so restrictive -- it should 
make my 
  life as a programmer easier, but it has in fact made it harder.
 
 The main point of the GPL is not to make your life easier, but to
 prevent your code from being used unfairly.
 
 If you want to go the easy way you should choose the MIT license :)

I would like a tit-for-a-tat clause so that those who modify it and distribute 
it are obligated to publish their modifications.  The MIT license does not 
provide that.

 
 -- 
  .''`.
 : :' :  We are debian.org. Lower your prices, surrender your code.
 `. `'   We will add your hardware and software distinctiveness to
   `-our own. Resistance is futile.
 



Re: Bacula and OpenSSL

2007-07-12 Thread Josselin Mouette
Le jeudi 12 juillet 2007 à 23:42 +0200, Kern Sibbald a écrit :
  This flaw of the GPLv3 is at least good for something. If your GPL
  software can now be included in the HP-UX or AIX distribution, it can
  also be included in Debian.
 
 Well, I don't consider the above a flaw. The flaw (restriction of my freedom) 
 is in GPL if it does not permit linking with OpenSSL (IMO).

This is a flaw in the copyleft, because it allows proprietary software
distributors to benefit from the software more than they deserve. As for
not being compatible with the OpenSSL license, this is intentional and
the fact the GPLv3 wasn't changed to allow it confirms this intention.
The advertising clause is not problematic for Bacula, but it may be so
for much other software.

 I agree with your interpretation, but I'm pretty sure that is not 
 the official interpretation that Debian takes or am I mistaken?  

The GPLv3 is quite new and I don't think all consequences have been
explored. Anyway, it would be more relevant to know whether the
copyright holders (here, the FSF) agree that this clause applies to
OpenSSL in Debian (which is priority important and required by key
components of the windowing system).

 In fact, I consider for linking with Bacula as a separately installed piece 
 of 
 the system libraries that OpenSSL is part of the operating system in the 
 same way that tcp wrappers or glibc is or any other library is, which would 
 mean that there should be no problem with GPL v2.  However, I know as a fact 
 that as far as GPL v2 goes, Debian definitely does not agree with my 
 interpretation.

This is true for Bacula packages you would distribute yourself, but this
is *not* the case for packages included in Debian. The GPLv2 reads:

However, as a special exception, the source code distributed
need not include anything that is normally distributed (in
either source or binary form) with the major components
(compiler, kernel, and so on) of the operating system on which
the executable runs, *unless that component itself accompanies
the executable*.

This clause couldn't be more explicit. Debian ships all its software at
the same place, which means the exception doesn't apply.

 Bacula code is GPL v2, but all third party GPL'ed code (mostly FSF) is GPL v2 
 or later.

Then, unless I have seriously misunderstood the reworded system
libraries exception, I think relicensing Bacula under the GPLv3 (or
dual-licensing under v2 and v3) should be fine for Debian.

 I am told that FSF never grants exceptions so this is a hopeless path that I 
 have already explored.

Indeed.

-- 
 .''`.
: :' :  We are debian.org. Lower your prices, surrender your code.
`. `'   We will add your hardware and software distinctiveness to
  `-our own. Resistance is futile.


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Re: Bacula and OpenSSL

2007-07-12 Thread Kern Sibbald
On Friday 13 July 2007 01:31, Josselin Mouette wrote:
 Le jeudi 12 juillet 2007 à 23:42 +0200, Kern Sibbald a écrit :
   This flaw of the GPLv3 is at least good for something. If your GPL
   software can now be included in the HP-UX or AIX distribution, it can
   also be included in Debian.
  
  Well, I don't consider the above a flaw. The flaw (restriction of my 
freedom) 
  is in GPL if it does not permit linking with OpenSSL (IMO).
 
 This is a flaw in the copyleft, because it allows proprietary software
 distributors to benefit from the software more than they deserve. As for
 not being compatible with the OpenSSL license, this is intentional and
 the fact the GPLv3 wasn't changed to allow it confirms this intention.
 The advertising clause is not problematic for Bacula, but it may be so
 for much other software.
 
  I agree with your interpretation, but I'm pretty sure that is not 
  the official interpretation that Debian takes or am I mistaken?  
 
 The GPLv3 is quite new and I don't think all consequences have been
 explored. Anyway, it would be more relevant to know whether the
 copyright holders (here, the FSF) agree that this clause applies to
 OpenSSL in Debian (which is priority important and required by key
 components of the windowing system).
 
  In fact, I consider for linking with Bacula as a separately installed 
piece of 
  the system libraries that OpenSSL is part of the operating system in the 
  same way that tcp wrappers or glibc is or any other library is, which 
would 
  mean that there should be no problem with GPL v2.  However, I know as a 
fact 
  that as far as GPL v2 goes, Debian definitely does not agree with my 
  interpretation.
 
 This is true for Bacula packages you would distribute yourself, but this
 is *not* the case for packages included in Debian. The GPLv2 reads:
 
 However, as a special exception, the source code distributed
 need not include anything that is normally distributed (in
 either source or binary form) with the major components
 (compiler, kernel, and so on) of the operating system on which
 the executable runs, *unless that component itself accompanies
 the executable*.
 
 This clause couldn't be more explicit. Debian ships all its software at
 the same place, which means the exception doesn't apply.

I think you are misreading the above.  It simply says that for us who 
distribute Bacula code only, we are not required to distribute the source 
code for other major components that Bacula may use, such as glibc, 
tcpwrappers, or OpenSSL.  

However, you (Debian) who distribute a whole operating system, must also 
include all the source to all the packages, which is exactly what you do.  
The source code that you distribute includes the source to OpenSSL.  There is 
no issue here since the source code must just be available on request, which 
is the case.  It doesn't have to ship with the binaries.

 
  Bacula code is GPL v2, but all third party GPL'ed code (mostly FSF) is GPL 
v2 
  or later.
 
 Then, unless I have seriously misunderstood the reworded system
 libraries exception, I think relicensing Bacula under the GPLv3 (or
 dual-licensing under v2 and v3) should be fine for Debian.

Sorry, but could you run it by me one more time why GPL v3 will work for 
Debian and why GPL v2 will not.  The problem on GPL v2 for me was I needed to 
make an exception, which I cannot do without violating the 3rd party GPL 
licensed code I use.  Why does GPL v3 resolve this?From what I 
understood, you are saying that in GPL v3 any separate object code does not 
require releasing the source for that object code -- i.e. it is now possible 
for a GPLed program to link to a separate object that is built from 
proprietary source?

 
  I am told that FSF never grants exceptions so this is a hopeless path that 
I 
  have already explored.
 
 Indeed.

There is a certain logic in that response since they have pushed hard for 
reducing the number of licenses, it makes sense that they are not going to 
favor making derivatives themselves to their own licenses ...

 
 -- 
  .''`.
 : :' :  We are debian.org. Lower your prices, surrender your code.
 `. `'   We will add your hardware and software distinctiveness to
   `-our own. Resistance is futile.