Re: Berkeley DB 6.0 license change to AGPLv3

2013-07-02 Thread Ben Hutchings
On Tue, 2013-07-02 at 09:35 -0400, Paul Tagliamonte wrote:
 On Tue, Jul 02, 2013 at 09:15:15AM -0400, Paul Tagliamonte wrote:
  Again, why do you plan on removing free software from main due to a
  change in license?
 
 As algernon points out, it makes slightly more sense when you remember
 that the AGPLv3 is not compatable with the GPLv2
 
 I'm still against removing it from the archive.

But the new version should not build the default libdb-dev, as that is
likely to result in unintended GPLv2/v3 combinations that cannot be
distributed.

Ben.

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Re: Berkeley DB 6.0 license change to AGPLv3

2013-07-02 Thread Ben Hutchings
On Tue, 2013-07-02 at 09:44 +0200, Ondřej Surý wrote:
 Hi,
 
 Florian Weimer has correctly pointed out that Oracle has decided to
 change the BDB 6.0 license to AGPLv3
 (https://oss.oracle.com/pipermail/bdb/2013-June/56.html). This
 hasn't been reflected in release tarball (probably by mistake), but
 since the AGPLv3 is not very friendly to downstream projects, we (as
 the Debian project) need to take a decision.

 My opinion is that this Oracle move just sent the Berkeley DB to
 oblivion, and Berkeley DB will be less and less used (or replaced by
 something else).

If the relicensing is real and not another misconfiguration of the
build/release system (like with MySQL docs), this sounds like a
shakedown for proprietary users of Berkeley DB.  GPLv2-licensed users
are collateral damage.

 What we can do right now (more can apply):
[...]
 [ ] Keep db5.3 forever

Well, indefinitely.  But I somewhat expect some BSD developers to try
maintaining a fork of it, as they're very unlikely to be happy with
AGPLv3.

 [ ] Suck it and relicense the downstream software as appropriate
[...]

GPLv3 is compatible with almost all common licences except GPLv2 (though
that might not be true with the additional conditions of AGPLv3).  If
anyone has made a decision to use GPLv2-only then I wouldn't expect them
to relicense for this.  Therefore a BSD-licensed libdb is still needed.

Ben.

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Re: Bug#666010: ITP: nvidia-texture-tools -- image processing and texture manipulation tools

2012-03-27 Thread Ben Hutchings
On Tue, Mar 27, 2012 at 09:15:27PM +0200, Lennart Weller wrote:
 Package: wnpp
 Severity: wishlist
 Owner: Lennart Weller l...@ring0.de
 
 
 * Package name: nvidia-texture-tools
   Version : 2.0.8
   Upstream Author : Ignacio Castano icast...@nvidia.com 
 * URL : http://code.google.com/p/nvidia-texture-tools/
 * License : MIT/Expat, BSD-2-clause 
   Programming Lang: C++ 
   Description : image processing and texture manipulation tools
 
   NVIDIA Texture Tools is a collection of image processing and texture
   manipulation tools, designed to be integrated in game tools and asset
   conditioning pipelines.  The primary features of the library are mipmap and
   normal map generation, format conversion and DXT compression.
 
   The sourcecode contains algorithms protected by US patent 5,956,431 aka 
 S3TC.
   Though from what I've read on debian-legal this should be okay as the patent
   is not actively enforced.
 
Since you've accepted as fact that this software infringes those
patents, it looks like you're about to violate item 1 of the Debian
patent policy.

Ben.

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Re: tg3 firmware - was (Fw: [CASE#221365]: Closed - need firmware files)

2009-04-09 Thread Ben Hutchings
On Fri, 2009-04-10 at 03:32 +0200, Marco d'Itri wrote:
 On Apr 10, brian m. carlson sand...@crustytoothpaste.ath.cx wrote:
 
  I don't know about you, but I'd much prefer to modify any sort of
  program, firmware or not, using C or assembly rather than editing the
  binary directly.  I suspect that this is the case for any reasonable
  programmer.  Thus, we do not have the preferred form for modification,
  and thus, we cannot distribute it under the GPLv2.
 Thank you for the great work you are doing to improve Debian.

Brian is right; binary-only firmware generally can't be distributed
under GPLv2.  I forget what the status of tg3 is but Michael Chan of
Broadcom has worked with us on separating bnx2 and bnx2x firmware under
an appropriate licence, so I expect it will be possible to fix any
remaining problems with tg3 firmware licencing.  You are doing nothing
but insulting people who point out the legal and ethical issues with
embedded firmware blobs, and that certainly doesn't improve Debian.

Ben.



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Re: New Ion3 licence

2007-04-28 Thread Ben Hutchings
Ben Finney [EMAIL PROTECTED] writes:
 Stephen Gran [EMAIL PROTECTED] writes:
 
  This one time, at band camp, Francesco Poli said:
   On Fri, 27 Apr 2007 19:27:57 +0100 Ben Hutchings wrote:
   
   [...]
While I doubt I would have trouble updating the package within
28 days of an upstream release, I doubt that Debian would like
to commit to that, and certainly the package would have to
remain unreleased.
   
   It would also require the package(s) to be moved to the non-free
   archive, I think.
 
  Then I think you've misread.  Patch clauses and name change clauses are
  explicitly allowed under the DFSG
 
 They're explicitly allowed (though discouraged, as you noted) when the
 requirement is in place for *modified* works. The license in question
 is requiring a name change for even *unmodified* works, and that's
 non-free.

But if I rename before uploading the package to Debian, then that
provision is nullified.  So I think the licence would then be free in so
far as it applied to the Debian package.  Right?

Ben.

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Re: New Ion3 licence

2007-04-28 Thread Ben Hutchings
On Fri, 2007-04-27 at 19:27 +0100, I wrote:
 The author of Ion3 (which I maintain) is proposing to introduce a new
 licence[1] which includes the clause:
 
3. Redistributions of this software accessible plainly with a name
   of this software (ion, ion3, etc.), must provide the latest
   release with a reasonable delay from its release (normally 28 days).
   Older releases may be distributed, if the full version, or some 
   other explicit indicator, such as the word ancient, is part of 
   the name that the package is accessed with, or if this identifier
   is completely unrelated to a name of this software.

He's now proposing to stick with LGPL but to use a restrictive trademark
licence[1].  I think this puts us in pretty much the same position as
with Firefox/Iceweasel, as I expected[2].  (However, there is already an
icewm, so I can't take quite the same approach. :-))

[1] http://lists.berlios.de/pipermail/ion-general/2007-April/001967.html
[2] http://lists.berlios.de/pipermail/ion-general/2007-March/001827.html

Ben.

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Re: New Ion3 licence

2007-04-28 Thread Ben Hutchings
On Sat, 2007-04-28 at 12:22 +0200, Mike Hommey wrote:
 On Sat, Apr 28, 2007 at 11:00:06AM +0100, Ben Hutchings [EMAIL PROTECTED] 
 wrote:
snip
  But if I rename before uploading the package to Debian, then that
  provision is nullified.  So I think the licence would then be free in so
  far as it applied to the Debian package.  Right?
 
 Note the wording makes it pretty much apply to everything, including the
 renamed version debian would redistribute, so, for example, derivative
 distributions should use yet another name...

Ah, I see the problem, but I'm sure that's unintentional and could be
fixed.

However, this is now moot as it seems others have persuaded him to use
separate copyright (LGPL, as before) and trademark licences.

Ben.

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Re: New Ion3 licence

2007-04-28 Thread Ben Hutchings
On Sat, 2007-04-28 at 13:33 +0200, Mike Hommey wrote:
 On Sat, Apr 28, 2007 at 12:25:10PM +0100, Ben Hutchings [EMAIL PROTECTED] 
 wrote:
  On Sat, 2007-04-28 at 12:22 +0200, Mike Hommey wrote:
   On Sat, Apr 28, 2007 at 11:00:06AM +0100, Ben Hutchings [EMAIL 
   PROTECTED] wrote:
  snip
But if I rename before uploading the package to Debian, then that
provision is nullified.  So I think the licence would then be free in so
far as it applied to the Debian package.  Right?
   
   Note the wording makes it pretty much apply to everything, including the
   renamed version debian would redistribute, so, for example, derivative
   distributions should use yet another name...
  
  Ah, I see the problem, but I'm sure that's unintentional and could be
  fixed.
  
  However, this is now moot as it seems others have persuaded him to use
  separate copyright (LGPL, as before) and trademark licences.
 
 To have a trademark license, ion3 should be a trademark in the first
 place. Is it ?

It's not a *registered* trademark, but it may yet be a trademark, as the
author claims.  I don't think we really want to test that claim, do we?

Ben.

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New Ion3 licence

2007-04-27 Thread Ben Hutchings
The author of Ion3 (which I maintain) is proposing to introduce a new
licence[1] which includes the clause:

   3. Redistributions of this software accessible plainly with a name
  of this software (ion, ion3, etc.), must provide the latest
  release with a reasonable delay from its release (normally 28 days).
  Older releases may be distributed, if the full version, or some 
  other explicit indicator, such as the word ancient, is part of 
  the name that the package is accessed with, or if this identifier
  is completely unrelated to a name of this software.

He expanded on what accessible means:

 If the software can be installed with `$pkgtool install ion3` (resp. 
 `$pkgtool install ion`), where `$pkgtool install` stands for the install
 feature of the distribution's package management tool, this should
 always install the latest standard release of Ion3 (resp. in the whole 
 Ion project). The action `$pkgtool install ion-3ds-20070318` may, 
 however, at any date install this particular marked release. Likewise
 `$pkgtool ion-with-tonnes-of-unsupported-pathces` may install any 
 altered version.

While I doubt I would have trouble updating the package within 28 days
of an upstream release, I doubt that Debian would like to commit to
that, and certainly the package would have to remain unreleased.

So I think this would require a package name change.  Any other opinion
on that?

Ben.

[1] http://lists.berlios.de/pipermail/ion-general/2007-April/001959.html

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Re: New Ion3 licence

2007-04-27 Thread Ben Hutchings
On Fri, 2007-04-27 at 18:26 -0400, Jordi Gutierrez Hermoso wrote:
 On 27/04/07, Ben Hutchings [EMAIL PROTECTED] wrote:
  The author of Ion3 (which I maintain) is proposing to introduce a new
  licence[1] which includes the clause:
 
 3. Redistributions of this software accessible plainly with a name
of this software (ion, ion3, etc.), must provide the latest
release with a reasonable delay from its release (normally 28 days).
 
 
 Doesn't this fail the desert island test (FAQ #9 below) and hence the DFSG?
 
  http://people.debian.org/~bap/dfsg-faq.html

No, there is no compulsion to distribute.

 A lot of developers seem to want to include such clauses about the
 official software being distributed timely and only from one source,
 usually with good intentions, but fail to see the unfavourable
 rammifications of their choice. I would recommend to your upstream
 source to strongly reconsider including these clauses.

Oh, he knows what he's doing.

Ben.

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Re: Not-so-mass bug filing for the patented IDEA algorithm

2007-04-10 Thread Ben Hutchings
[Cc'd to debian-legal in the hope of some informed comment.]

On Tue, 2007-04-10 at 14:53 -0400, Matthias Julius wrote:
 Steve Langasek [EMAIL PROTECTED] writes:
 
  Er, by definition a patent is supposed to include a complete description of
  the invention that would permit a third-party to reimplement the invention,
  in exchange for granting the inventor exclusive rights to the invention for
  a limited time.  Would you argue that distributing copies of the patent
  application is infringement, too?
 
 While you are probably free to distribute the description you are not
 free to distribute an implementation of the technology claimed by the
 patent.  You can implement it but you can not distribute the
 implementation.

There is an argument that source code can only be a description whereas
a binary is an implementation, so only distributing binaries that
include the claimed invention could infringe.  I'm not sure whether this
has been legally tested.

Ben.

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Re: [Debconf-video] Re: Proposed licence for Debconf video recordings

2006-05-18 Thread Ben Hutchings
Francesco Poli wrote:
 On Mon, 15 May 2006 03:34:12 +0100 Ben Hutchings wrote:
 
  This is a proposed licence text for the Debconf video recordings
  (and potentially other audio and video recordings), based on the MIT/X
  licence:
  
  Here's the text:
  
  Copyright (c) year copyright holders
  
  Permission is hereby granted, free of charge, to any person obtaining
  a copy of this recording, to deal in the recording without
 [...]
  Does this appear free and reasonably applicable to such recordings?
 
 It seems to make the recordings to comply with the DFSG.
 
 However, I would prefer not seeing the term recording in the license.
 A more general term such as work would be better suited, IMHO.

Yes, I see your point.  I also reemembered after posting that we
would want the licence to be applicable to DVDs which also include
some still images and text.

snip
  The lack of a clear distinction between source and binary for video
  means that the licence is much more like copyleft than the originali
  (but without any mention of a preferred form).
 
 I don't think that this license could in any way be seen as a copyleft.
 It does permit me to create a proprietary derivative work, so it's
 definitely a non-copyleft license.
 Not an issue, though: I pointed this out just to make things clearer...

The licence is contingent upon distributing its own text with any copy
of the work or (at least some forms of) derivative work.  I thought
that that implied the author of the derivative work would grant the
same permissions.  But perhaps it could be distributed simply as
information about the original work.

The MIT/X licence doesn't place the same requirement on distributed
binaries, AIUI.

Ben.

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Re: [Debconf-video] Re: Proposed licence for Debconf video recordings

2006-05-18 Thread Ben Hutchings
[Sorry for the dupe, Don.  I meant to reply only to these lists.]

Don Armstrong wrote:
 On Mon, 15 May 2006, Ben Hutchings wrote:
snip

Thanks for the diff.

 This is pretty much is just the XFree86 license; I don't think there's
 any problem with works under this licence being considered DFSG Free.
 
  Does this appear free and reasonably applicable to such recordings?
  I seem to remember that there are some specific legal terms relating
  to copyright of audio recordings. Is there a legal term that would
  cover transcoding?
 
 There are probably a couple, but I'm not quite sure what you're asking
 for here.
snip

Transcoding is a technical term that might not be understood in law.
There is a term mechanical translation but I'm not sure whether that
refers to machine translation of human language or also to format
conversion.

Ben.

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Re: Proposed licence for Debconf video recordings

2006-05-18 Thread Ben Hutchings
Here's a new draft.  I've changed recording to work throughout and
replaced transcode with transform and adapt, based on the
terminology CC uses.

--- debconf-video-licence.draft12006-05-14 21:18:51.0 -0500
+++ debconf-video-licence.draft22006-05-18 13:48:51.226221352 -0500
@@ -1,20 +1,20 @@
 Copyright (c) year copyright holders

 Permission is hereby granted, free of charge, to any person obtaining
-a copy of this recording, to deal in the recording without
+a copy of this work, to deal in the work without
 restriction, including without limitation the rights to use, copy,
-transcode, modify, merge, publish, distribute, sublicense, and/or sell
-copies of the recording, and to permit persons to whom the recording
+transform, adapt, modify, merge, publish, distribute, sublicense, and/or sell
+copies of the work, and to permit persons to whom the work
 is furnished to do so, subject to the following conditions:

 The above copyright notice and this permission notice shall be
-distributed with all copies and transcodings of the recording or
+distributed with all copies, transformations and adaptations of the work or
 substantial portions thereof.

-THE RECORDING IS PROVIDED AS IS, WITHOUT WARRANTY OF ANY KIND,
+THE WORK IS PROVIDED AS IS, WITHOUT WARRANTY OF ANY KIND,
 EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF
 MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
 NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE
 LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION
 OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION
-WITH THE RECORDING OR THE USE OR OTHER DEALINGS IN THE RECORDING.
+WITH THE WORK OR THE USE OR OTHER DEALINGS IN THE WORK.

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Proposed licence for Debconf video recordings

2006-05-14 Thread Ben Hutchings
This is a proposed licence text for the Debconf video recordings
(and potentially other audio and video recordings), based on the MIT/X
licence:

Here's the text:

Copyright (c) year copyright holders

Permission is hereby granted, free of charge, to any person obtaining
a copy of this recording, to deal in the recording without
restriction, including without limitation the rights to use, copy,
transcode, modify, merge, publish, distribute, sublicense, and/or sell
copies of the recording, and to permit persons to whom the recording
is furnished to do so, subject to the following conditions:

The above copyright notice and this permission notice shall be
distributed with all copies and transcodings of the recording or
substantial portions thereof.

THE RECORDING IS PROVIDED AS IS, WITHOUT WARRANTY OF ANY KIND,
EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE
LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION
OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION
WITH THE RECORDING OR THE USE OR OTHER DEALINGS IN THE RECORDING.

Does this appear free and reasonably applicable to such recordings?
I seem to remember that there are some specific legal terms relating
to copyright of audio recordings.  Is there a legal term that
would cover transcoding?

Are there loopholes by which someone could legally remove the
copyright notice and permission notice?

The lack of a clear distinction between source and binary for video
means that the licence is much more like copyleft than the originali
(but without any mention of a preferred form).  Does anyone on the
video team see this as a problem?

Ben.

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