DFSG compatibility of the Poetic License

2008-09-24 Thread Maximilian Gaß
I recently discovered the Poetic License:

This work ‘as-is’ we provide.
No warranty express or implied.
We’ve done our best,
to debug and test.
Liability for damages denied.

Permission is granted hereby,
to copy, share, and modify.
Use as is fit,
free or for profit.
These rights, on this notice, rely.

http://genaud.net/2005/10/poetic-license/

I ponder using this license for my own stuff, but I'd like to hear some
opinions from debian-legal before doing it.


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Re: DFSG compatibility of the Poetic License

2008-09-24 Thread MJ Ray
Maximilian Gaß [EMAIL PROTECTED] wrote:
 I recently discovered the Poetic License: [...]
 http://genaud.net/2005/10/poetic-license/

 I ponder using this license for my own stuff, but I'd like to hear some
 opinions from debian-legal before doing it.

It appears to be a NEW licence for the debian archive.  Only
http://freehg.org/u/filipo/corynotes/
seems to be under the licence and for that reason, I'd suggest using
one of the common-licenses for your work, especially if you want to
upload it to debian.

At first glance, software under this licence:
+ has free redistribution (DFSG 1),
+ permits derived works (DFSG 3),
+ does not protect integrity of the author's source (DFSG 4) - note,
the licence's author relies on moral rights in the comments on that page,
+ doesn't discriminate against people (DFSG 5),
+ doesn't discriminate against fields of endeavour (DFSG 6),
+ is not specific to debian (DFSG 8),
+ doesn't contaminate other software (DFSG 9),
and
* MIGHT include source code (DFSG 2),
* MIGHT allow distribution of licence (DFSG 7).

What software is being considered?

Hope that helps,
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Re: DFSG compatibility of the Poetic License

2008-09-24 Thread Ben Finney
Maximilian Gaß [EMAIL PROTECTED] writes:

 I recently discovered the Poetic License:

Which makes for interesting rhythm and a smile, but I very much doubt
its robustness as a legal instrument.

 This work ‘as-is’ we provide.

What is meant by this? Without explanation and clarification, it's
close to being a tautology.

 No warranty express or implied.

What happens where this conflicts with the very common situation where
there *is* an implied license required by the jurisdiction: does the
license still apply? Which parts apply?

 We’ve done our best,
 to debug and test.
 Liability for damages denied.

Again, what of the cases where such liability *cannot* be denied under
law? The license must make provision for that, or leave itself open to
being null in that case.

 Permission is granted hereby,

To whom, exactly? The terms need to specify and define parties.

What part does the recipient play? Passive voice may make the meter
easier to write, but it's needlessly difficult for working out what
the heck it means.

 to copy, share, and modify.

What about redistribution? Presumably that's meant to be included in
share, but it's not clear.

What terms may the shared work be licensed under?

 Use as is fit,
 free or for profit.

The use of an unqualified action of use in a legal document about
software works is vague to the point of uselessness.

 These rights, on this notice, rely.

Is this meant to have some legal meaning? Or should we ignore it?

 http://genaud.net/2005/10/poetic-license/

What works do we know of licensed under these terms?

 I ponder using this license for my own stuff, but I'd like to hear
 some opinions from debian-legal before doing it.

Whatever its worth as a poem, as a legal instrument I can only think
it is vague waffle that is wantonly open to interpretation. That's a
fine property of poetry, but it's poisonous for a license.

License proliferation seems fun to the instigator, but it's an utter
pain for those trying to follow them and is to be avoided whenever
possible.

Please, please do not use these terms for any work. There are far more
robust, well-tested and scrutinised licenses that, after painstaking
scrutiny under diverse circumstances, are widely thought to result in
free works: please choose one of them.

-- 
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  `\the beaches all over the world. Maybe you've seen it.” —Steven |
_o__)   Wright |
Ben Finney


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Re: use of Python bindings to GPL library from within non-GPL Python toolkit

2008-09-24 Thread Yaroslav Halchenko
Thank you Anthony for a detailed explanation, but I am still lacking a
clear view here since you are talking about mixing-in GPL code within
non-GPLed project, and in our case it is not quite the case:

ATM all code in our project is non-GPLed, including some code which
makes use of external GPL library through python bindings. So,
technically speaking we are not mixing the code, and we do not
redistribute GPL code within our project (that dependency on GPLed
library is optional). But if I get it right -- it doesn't really matter,
since GPL doesn't allow external non-GPLed software to use GPLed library
(for such scenarios there is LGPL), am I right?



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Re: DFSG compatibility of the Poetic License

2008-09-24 Thread Ben Finney
Ben Finney [EMAIL PROTECTED] writes:

 Maximilian Gaß [EMAIL PROTECTED] writes:
  No warranty express or implied.
 
 What happens where this conflicts with the very common situation where
 there *is* an implied license required by the jurisdiction: does the
 license still apply? Which parts apply?

That should read “… an implied warranty required by the jurisdiction …”.

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 \ “What is it that makes a complete stranger dive into an icy |
  `\   river to save a solid gold baby? Maybe we'll never know.” —Jack |
_o__)   Handey |
Ben Finney


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