Public Domain again

2013-01-31 Thread Jérémy Lal
http://opensource.org/faq#public-domain
http://opensource.org/faq#cc0

Public domain is not a license, its meaning depends
on the country you're in. What if that country applies
laws that violate DFSG ?

Please enlighten me.

Jérémy.


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Re: Public Domain again

2013-01-31 Thread MJ Ray
Jérémy.
 Public domain is not a license, its meaning depends
 on the country you're in. What if that country applies
 laws that violate DFSG ?
 
 Please enlighten me.

Why?  Does this affect any software that you're packaging?

Short answer: any software in that country is not free software, but the
bug is with the country's legal system, not Debian.

Hope that helps,
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Re: Public Domain again

2013-01-31 Thread Jérémy Lal
On 31/01/2013 19:45, MJ Ray wrote:
 Jérémy.
 Public domain is not a license, its meaning depends
 on the country you're in. What if that country applies
 laws that violate DFSG ?

 Please enlighten me.
 
 Why?  Does this affect any software that you're packaging?

Not particularly. Some packages i can see sometimes have public domain
files in them.
 
 Short answer: any software in that country is not free software, but the
 bug is with the country's legal system, not Debian.

Will you still be uploading to main, if one day it becomes illegal
in your own country ?

Jérémy.

 


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Re: Public Domain again

2013-01-31 Thread Ben Finney
Jérémy Lal kapo...@melix.org writes:

 Will you still be uploading to main, if one day it becomes illegal
 in your own country ?

Are you taking a poll? Or is there particular interest in MJ Ray's
answer?

What is the actual issue you're addressing with starting this thread?

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Re: Public Domain again

2013-01-31 Thread Jérémy Lal
On 31/01/2013 23:16, Ben Finney wrote:
 Jérémy Lal kapo...@melix.org writes:
 
 Will you still be uploading to main, if one day it becomes illegal
 in your own country ?
 
 Are you taking a poll? Or is there particular interest in MJ Ray's
 answer?

No.

 What is the actual issue you're addressing with starting this thread?

My issue is that i don't understand how public domain is DFSG, and the
consequence is that i cannot handle it properly in debian packages.
For example, reading [0]:

 When the License field in a paragraph has the short name public-domain,
 the remaining lines of the field must explain exactly what exemption the
 corresponding files for that paragraph have from default copyright
 restrictions.

This debian/copyright paragraph doesn't follow that requirement :

 Files: *
 License: public-domain

How can i tell it's a mistake if i can't explain what's wrong ?

Jérémy.

[0]
http://www.debian.org/doc/packaging-manuals/copyright-format/1.0/#public-domain


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Re: Public Domain again

2013-01-31 Thread Don Armstrong
On Fri, 01 Feb 2013, Jérémy Lal wrote:
 My issue is that i don't understand how public domain is DFSG,

If a work can actually be placed into the public domain, then that
usually means that it has no copyright, and therefore automatically
satisfies the DFSG so long as there is source.

In countries where this isn't the case,[1] then it may not, but Debian
has never claimed to be able to work around all countries broken legal
systems.

Beyond that, I'm afraid I'm unable to follow what you're asking for,
exactly.


Don Armstrong

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Re: Public Domain again

2013-01-31 Thread Paul Tagliamonte
On Thu, Jan 31, 2013 at 04:25:21PM -0800, Don Armstrong wrote:
 On Fri, 01 Feb 2013, Jérémy Lal wrote:
  My issue is that i don't understand how public domain is DFSG,
 
 If a work can actually be placed into the public domain, then that
 usually means that it has no copyright, and therefore automatically
 satisfies the DFSG so long as there is source.
 
 In countries where this isn't the case,[1] then it may not, but Debian
 has never claimed to be able to work around all countries broken legal
 systems.
 
 Beyond that, I'm afraid I'm unable to follow what you're asking for,
 exactly.
 
 
 Don Armstrong

In addition, I'd like to note that's what CC0 is for, really. It has
some neat fall-back clauses that trigger in the event a jurisdiction
doesn't allow for public domain works as such, and also releases
database rights[1] which some other public domain dedications may not :)

 
 -- 
 Some pirates achieved immortality by great deeds of cruelty or
 daring-do. Some achieved immortality by amassing great wealth. But
 the captain had long ago decided that he would, on the whole, prefer
 to achieve immortality by not dying.
  -- Terry Pratchet _The Color of Magic_
 
 http://www.donarmstrong.com  http://rzlab.ucr.edu
 
 
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Cheers,
  Paul

[1]: http://en.wikipedia.org/wiki/Database_right

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Re: Public Domain again

2013-01-31 Thread Jérémy Lal
On 01/02/2013 01:25, Don Armstrong wrote:
 On Fri, 01 Feb 2013, Jérémy Lal wrote:
 My issue is that i don't understand how public domain is DFSG,
 
 If a work can actually be placed into the public domain

Does this mean there are cases where the work cannot actually
be placed into the public domain ?

To be practical, are these files all right to be listed
as 'public-domain' in debian/copyright :

* without copyright notice
* with a short notice
  'There is no licence for this, I don't care what you do with it'
* without copyright notice, and an explicit
  'this code is under public domain'
* the same as above, but with a copyright name year next to it,
  (i made that last example, to be sure i get it)

 then that usually means that it has no copyright, and therefore automatically
 satisfies the DFSG so long as there is source.
 
 In countries where this isn't the case,[1] then it may not, but Debian
 has never claimed to be able to work around all countries broken legal
 systems.
 Beyond that, I'm afraid I'm unable to follow what you're asking for,
 exactly.

I would have been clearer by asking an answer about the examples above...
Sorry for the noise.

Jérémy.


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Re: Public Domain again

2013-01-31 Thread Steve Langasek
On Fri, Feb 01, 2013 at 02:04:26AM +0100, Jérémy Lal wrote:
 On 01/02/2013 01:25, Don Armstrong wrote:
  On Fri, 01 Feb 2013, Jérémy Lal wrote:
  My issue is that i don't understand how public domain is DFSG,

  If a work can actually be placed into the public domain

 Does this mean there are cases where the work cannot actually
 be placed into the public domain ?

In *most* jurisdictions, it appears to not be possible for a copyright
holder to release their work into the public domain.  That's why CC0 exists
as a workaround, to make a pseudo-public domain dedication of a work.

Works that are genuinely in the public domain (because they are old enough,
or because they were produced under circumstances which do not result in
copyright attaching to the work in the first place) are definitely
DFSG-free.  They also have *no* license, because there is no one you need to
ask permission from!

 To be practical, are these files all right to be listed
 as 'public-domain' in debian/copyright :

 * without copyright notice

Yes;

 * with a short notice
   'There is no licence for this, I don't care what you do with it'

no (this is not a statement that it's in the public domain, and there is no
license implies no permission is actually granted);

 * without copyright notice, and an explicit
   'this code is under public domain'

yes, provided this is true;

 * the same as above, but with a copyright name year next to it,
   (i made that last example, to be sure i get it)

no, because these are contradictory statements.  Public domain means *the
absence of copyright*.  If someone is claiming the work to both be in public
domain and covered by copyright, they have failed to understand and we must
assume the work is under copyright with no license grant.

Hope that helps,
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Re: Public Domain again

2013-01-31 Thread Bart Martens
On Fri, Feb 01, 2013 at 02:04:26AM +0100, Jérémy Lal wrote:
 To be practical, are these files all right to be listed
 as 'public-domain' in debian/copyright :
 
 * without copyright notice

Not public domain.  Copyrighted without license.  If the author hasn't stated
anything, then the work is copyrighted.

 * with a short notice
   'There is no licence for this, I don't care what you do with it'

Not public domain.  Copyrighted without license.  The part There is no licence
for this explicitly states that there is no license, although the part I
don't care what you do with it somewhat sounds like a license.

 * without copyright notice, and an explicit
   'this code is under public domain'

This looks like a work in the public domain.

 * the same as above, but with a copyright name year next to it,
   (i made that last example, to be sure i get it)

Not public domain.  Copyrighted with a statement that could be interpreted as a
license.  The author apparently meant to allow anyone to use the work as if it
were in the public domain.

Regards,

Bart Martens


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