Re: Custom license conditions and grant for Wordplay package

2019-04-10 Thread Moshe Piekarski

On 4/10/19 9:39 PM, Ben Finney wrote:
> Before that, it would be better to start a discussion with the copyright
> holder(s) to get a more robust grant under free software conditions.
Unfortunately the copyright holder hasn't answered any of my emails to
the provided address, and I haven't been able to find another means of
communication.

Sincerely,

Moshe Piekarski

--

There's no such thing as a stupid question,

But there are plenty of inquisitive idiots.




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Re: Custom license conditions and grant for Wordplay package

2019-04-10 Thread Ben Finney
Moshe Piekarski  writes:

> On 4/10/19 7:50 PM, Ben Finney wrote:
> > * If the formulation “please do foo” is an enforcible *condition* on the
> >   grant, then there are several such enforcible conditions that make
> >   this work non-free:
> Given that the wordplay package may not meet the DFSG, do I have to
> remove it?

That may eventually be necessary, if the copyright holder(s) can't be
convinced to make a DFSG-compatible grant of license in the work.

Before that, it would be better to start a discussion with the copyright
holder(s) to get a more robust grant under free software conditions.

The existing Read Me document gives some hope here:

* The spirit of the existing grant seems to be “I want this software to
  be useful to the world as free software”, which indicates that a
  future release under a GNU GPLv3-or-later grant could meet their
  wishes.

* The copyright holder clearly wants to be contacted about this and
  about people building on the work. Let's hope the contact details
  still work!

* So far there seems to be only one copyright holder in the work, which
  may make it easier to get a change of license grant. You could discuss
  with them to confirm whether this is still true for the work.

-- 
 \   “Following fashion and the status quo is easy. Thinking about |
  `\your users' lives and creating something practical is much |
_o__)harder.” —Ryan Singer, 2008-07-09 |
Ben Finney



Re: Custom license conditions and grant for Wordplay package

2019-04-10 Thread Moshe Piekarski
On 4/10/19 7:50 PM, Ben Finney wrote:
> * If the formulation “please do foo” is an enforcible *condition* on the
>   grant, then there are several such enforcible conditions that make
>   this work non-free:
Given that the wordplay package may not meet the DFSG, do I have to
remove it?

Sincerely,

Moshe Piekarski

--

There's no such thing as a stupid question,

But there are plenty of inquisitive idiots.




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Re: Custom license conditions and grant for Wordplay package

2019-04-10 Thread Ben Finney
Ben Finney  writes:

> =
> --
>
> Wordplay Version 7.22 Evans A Criswell   03-20-96
>
> --
>
> This program was written for fun and is free.  Distribute it as you please,
> but please distribute the entire package, with the original words721.txt and 
> the readme file.  If you modify the code, please mention my name in it as the
> original author.  Please send me a copy of improvements you make, because I
> may include them in a future version.
>
> I may be contacted by email at crisw...@cs.uah.edu
>
> Evans A Criswell
> Research Associate
> Computer Science Department
> University of Alabama in Huntsville
> Huntsville, AL  35899
>
> --
> =

There is a significant ambiguity in this text, and I'm pretty sure we
would find it problematic if this work were submitted today.

The ambiguity is: What is the effect of “please do foo” in the context
of a copyright license grant?

* If the formulation “please do foo” is an unenforcible *request* to do
  foo, then there are no conditions in this grant. Under this
  interpretation, the legal effect is entirely in “Distribute [this
  program] as you please”.

* If the formulation “please do foo” is an enforcible *condition* on the
  grant, then there are several such enforcible conditions that make
  this work non-free:

  * There is no permission granted to modify the work as the recipient
pleases and to redistribute that modified work (instead, this is
conditional on “distribute the entire package […]”). This fails
DFSG§3.

  * There is an explicit clause preventing redistribution of parts of
the work. This fails DFSG§1 and DFSG§3.

  * There is an explicit requirement that the person redistributing must
send a copy to a specific party. This therefore fails DFSG§1 and
DFSG§3. (See the thought experiments at
https://people.debian.org/~bap/dfsg-faq.html> for why.)

So it seems that the only way this work can be considered free is if we
take all the “please do foo” as mere unenforcible requests that don't
place any restriction on the recipient.

I don't know whether a copyright case would be decided that way by a
judge; it seems at least likely that a judge would take “[grant of
permission], but please [do foo]” as an expression of the copyright
holder's intent to restrict the license grant.

-- 
 \   “I bought some batteries, but they weren't included; so I had |
  `\to buy them again.” —Steven Wright |
_o__)  |
Ben Finney



Custom license conditions and grant for Wordplay package (was: license compatibility)

2019-04-10 Thread Ben Finney
debian.mailingli...@melachim.net writes:

> What is the work we are discussing? Can we see the full source online
> somewhere (to see its entire license grant)?

(That was written by me in a previous message, but it's appearing in the
material you wrote. I think something is failing in your message quoting
set-up, which is likely to make discussion confusing. Would you like
help fixing that? Contact me off-list if you need my help there.)

> http://deb.debian.org/debian/pool/main/w/wordplay/wordplay_7.22.orig.tar.gz

For reference in this thread, the license grant contained there appears
to be, in its entirety, this text from the Read Me document:

=
--

Wordplay Version 7.22 Evans A Criswell   03-20-96

--

This program was written for fun and is free.  Distribute it as you please,
but please distribute the entire package, with the original words721.txt and 
the readme file.  If you modify the code, please mention my name in it as the
original author.  Please send me a copy of improvements you make, because I
may include them in a future version.

I may be contacted by email at crisw...@cs.uah.edu

Evans A Criswell
Research Associate
Computer Science Department
University of Alabama in Huntsville
Huntsville, AL  35899

--
=

I'll comment on that text in a separate message.

-- 
 \   “It's easy to play any musical instrument: all you have to do |
  `\   is touch the right key at the right time and the instrument |
_o__)will play itself.” —Johann Sebastian Bach |
Ben Finney