Re: acenic firmware situation summary

2004-12-13 Thread Christopher Priest
 Perhaps someone can track down the original license
 listed on the now-defunct web page (supposedly
http://alteonwebsystems.com/)
 where Alteon allowed people to download the firmware?
 (This is a sad lesson for the developers of the Arsenic enhanced firmware:
 Never, ever, point to someone else's license on a web page; *always* put a
 verbatim copy in your distribution.)

Is this helpful
http://web.archive.org/web/2711071330/sanjose.alteon.com/license-agree.shtml



Re: acenic firmware situation summary

2004-12-13 Thread Christopher Priest
The current owner of alteon is nortel.
http://web.archive.org/web/20040117112911/www.alteonwebsystems.com/ascii/



Re: Copyright Question

2004-12-08 Thread Christopher Priest
Brian Thomas Sniffen [EMAIL PROTECTED] wites

 Christopher Priest [EMAIL PROTECTED] writes:

  Why should anyone but the source be required to keep or distribute
source
  code when it is freely available from Debian. The web was not
  available when

 Debian may not be around forever.  Many embedded devlopers don't
 publicize which distribution they derive from.

I think that says it all.

  Law is about damages, not about forcing people to do what you want..

 No, in the case of copyright law it is explicitly about granted
permissions.

True, damages is only civil law and copyright has some statutory and
criminal components. It is only the criminal law that can be used to enforce
making people do what is right otherwise it is about damages.

No matter how tearful or right, a spouse cannot successfully sue the other
spouse to keep them in the marriage. They can only sue for damages.

Copyright law in the US http://www.copyright.gov/title17/

While the remedies can be harsh,
http://www.copyright.gov/title17/92chap5.html I'd see any action going the
way of discussions first and then correction. If it actually went to court,
I'd expect a claim for statutory damages as there are no real damages. I'd
predict the $200 fine just to allow an appeal if the judge found this an
interesting case. I don't see how you can classify his actions as willful
and criminal.

quote
http://www.copyright.gov/circs/circ1.html#wnp
If registration is made within 3 months after publication of the work or
prior to an infringement of the work, statutory damages and attorney's fees
will be available to the copyright owner in court actions. Otherwise, only
an award of actual damages and profits is available to the copyright owner.
/quote

In countries like England the criminal complaint would also start with
discussions and then he could correct the problem.
http://www.hmso.gov.uk/copyright/licences/breach_flowchart.pdf
I believe the EU did not make copyright criminal.

/Chris




Re: Copyright Question

2004-12-07 Thread Christopher Priest
Wouldn't a typical install of Debian also properly install all the licenses
required? Do the Debian install scripts break the licenses of the component
software? Disk space is so cheap I can't see any developer spending time to
remove anything put in by an install.

Why would he have to do more than say this product contains Debian xxx see
http://www.debian.org/ for license information and add a list of packages
installed similar to what dpkg -l would show.

I'm not saying that it is good enough right now but I that think it should
be.

Why should anyone but the source be required to keep or distribute source
code when it is freely available from Debian. The web was not available when
the license was conceived. If I were a judge, and I looked at the intent of
the license, I'd say the flavour and intent is served by proper attribution,
and reasonable access to the source as intended, especially if it was by
reference to the source web site.and I'd note that this user was not tring
to assume ownership.

Law is about damages, not about forcing people to do what you want..

What would be the damages to someone giving away their software on the web
if he gave the notice I suggest?
He is not creating a competing proprietary product out of their work, he is
not interfering with their income stream, he is even promoting them. This is
quite different from a company misappropriating GPL code.

However if he made modification to the code in order to support embedding
and did not release the code back to the community then damages to the
extent of reproducing such modifications would be liable.

Chris







o'reilly

2004-11-16 Thread Christopher Priest
Would it be a breach of copyright to refer to the o'reilly online books in a
searchable database such as the LDP? Would that be a case of all rights
reserved?

For instance I looked at
Linux in a Nutshell, 3rd Edition
Copyright © 2000, 1999, 1997 O'Reilly  Associates, Inc. All rights
reserved.

The book has this copyright
http://www.hk8.org/old_web/linux/lnut/copyrght.htm

But searching the site shows that it is from a CD that they put online that
also holds this copyright.
http://www.hk8.org/old_web/linux/copyrght.htm