Question on GPL compliance

2006-01-19 Thread Daniel Carrera

Hi all,

I'm looking for ways to comply with the GPL without the 3-year 
requirement (I don't know where I'll be in 3 years).


Suppose I have an online store that sells CDs of GPL software. People 
buy the CD and we ship it to them. One obvious way to comply with the 
GPL is to always send a second CD with the sources.


Now, here's another idea. Suppose that when the user clicks buy they 
get a message: would you like the sources CD? (extra $2). If they 
click yes we package it too. If they click no we don't, and never again 
have to worry about the sources because we did give them a chance. And 
because the offer was for a CD, it is an equivalent medium.


In your non-lawyer opinion, is this an appropriate use of the GPL?

Cheers,
Daniel.
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Re: Question on GPL compliance

2006-01-19 Thread Daniel Carrera

Michael Poole wrote:

Section 3 of the GPL does not seem to permit that:

If distribution of executable or object code is made by offering
access to copy from a designated place, then offering equivalent
access to copy the source code from the same place counts as
distribution of the source code, even though third parties are not
compelled to copy the source along with the object code.

Shipping a CD is not offering access to copy from a designated place,
so an equivalent offer is not relevant.


Alright, thanks. I guess we'll ship two CDs then. I am very risk adverse 
and I don't want to worry about the sources.


Cheers,
Daniel.
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Re: Question on GPL compliance

2006-01-19 Thread Daniel Carrera

But you know? This also affects selling CDs at a conference.

If you are at a confernece giving out CDs, you are not offering access 
to copy. So giving them the option to burn a source CD for them 
wouldn't count. Correct?


Daniel.

Michael Poole wrote:

Section 3 of the GPL does not seem to permit that:

If distribution of executable or object code is made by offering
access to copy from a designated place, then offering equivalent
access to copy the source code from the same place counts as
distribution of the source code, even though third parties are not
compelled to copy the source along with the object code.

Shipping a CD is not offering access to copy from a designated place,
so an equivalent offer is not relevant.

Michael Poole





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Re: Question on GPL compliance

2006-01-19 Thread Daniel Carrera

Michael Poole wrote:

I would distinguish that case by the cost.  If your web site has a
checkbox that the user can check to receive the source CD at no
additional cost, then I think your situation would be the same as the
situation at a conference.


At the conference I would be giving the sources CD for the cost of the 
media ($2).


Daniel.
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Re: Question on GPL compliance

2006-01-19 Thread Daniel Carrera

Michael Poole wrote:

The GPL only explicitly permits this for the three-year written offer
case.  Perhaps suggest that GPLv3 allow it?


The three year offer is precisely what I'm trying to avoid. I don't know 
where I'll be in three years, and I don't want to worry about being able 
to provide sources for a CD I gave or sold 3 years before whose contents 
I wouldn't remember.


Cheers,
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Re: Distributing GPL software.

2006-01-12 Thread Daniel Carrera

Bas Zoetekouw wrote:
How about having the source code on a PC ready, and if anyone asks, I 
charge for the media and burn the CDs?  So I just have to bring some 
CDRs and I know they won't go to waste.


Sure, that should be ok.


My friends and I decided we'll do that. We'll have a couple of laptops 
with the sources, and a sign next to the CDs that says If you want the 
sources for this CD, ask us, and we'll burn you a CD for $2.


This seems to be the least cumbersome solution.

Cheers,
Daniel.
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Re: Distributing GPL software.

2006-01-12 Thread Daniel Carrera

Arnoud Engelfriet wrote:

Daniel Carrera wrote:

My friends and I decided we'll do that. We'll have a couple of laptops 
with the sources, and a sign next to the CDs that says If you want the 
sources for this CD, ask us, and we'll burn you a CD for $2.


I would be interested to hear afterwards how many people actually
asked for this (and how many people took just the binaries CD).
It might be useful as a data point next time this question comes up.


Sure.

Cheers,
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Re: Distributing GPL software.

2006-01-12 Thread Daniel Carrera

Alexander Terekhov wrote:

That's because your suggested process is not what I suggest to Carrera.

Yeah, I know that it's close to impossible for a GNUtian to grok first sale.


By your logic... I stole something once, I didn't get caught, therefore 
theft is not illegal.


Cheers,
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Distributing GPL software.

2006-01-11 Thread Daniel Carrera

Hello all,

Say I want to put OpenOffice.org on a CD and distribute it. According to 
the L/GPL I have to include the source code or promise to have the 
source code available for three years (section 3).


The problem is that the source code for OOo is a few gigabytes. :( It's 
not practical to distribute the source code. In my CD I also want to 
include KOffice and Abiword, which makes the problem worse.


Is there any way out of this? I'm not modifying the source at all. I 
just download the tar.gz file and put it on a CD.


Does this clause mean that everyone who is giving out OpenOffice or 
Knoppix CDs is breaking the law?


I hope that section 3c might save me here. Here's my reasoning: when I 
downloaded OpenOffice I didn't get the sources. So, by section 3b, I 
must have a promise to the sources. So, by section 3c, I can transfer 
that promise to you.


Does that work?

Cheers,
Daniel.
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Re: Distributing GPL software.

2006-01-11 Thread Daniel Carrera

Michael Poole wrote:

As GPL section 3(c) indicates, you may use that option if you were
given a written offer to provide source *and* your distribution is
noncommercial.  You have given no hint whether your distribution
could be considered commercial, and the GPL is unfortunately vague
as to what it means by noncommercial distribution.


These CDs are for the SCALE conference (Sourthern California Linux 
Expo). I was thinking of selling the CDs at like $1 to recover the cost. 
I guess that constitutes commercial use :(


If by written permission the GPL means paper, then I certainly don't 
have that :(  If written can be electronic I'll check the distribution 
to see if it has that.



The catch is that when you download a GPLed executable, you usually
have equivalent access to copy the source code from the same place,
which satisifes section 3(a) but is not a written offer under 3(b).


:(
Does that mean that all the people selling Knoppix CDs for $2 are 
breaking the law?



It may be that OpenOffice's copyright holders think noncommercial
distribution is fine if it includes a link to the source code but no
source code, but as far as I can tell, it is not specifically allowed
by the GPL.


I'm sure that they are ok with it, since the distribution project 
actually makes an ISO available for people to download and distribute. 
And they encourage selling. But I'd still like to comply with the GPL.


Thanks for the help.

Cheers,
Daniel.
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Re: Distributing GPL software.

2006-01-11 Thread Daniel Carrera

Alexander Terekhov wrote:

It's easy. Modify or not. Let a friend of yours burn a CD. Acquire it from
him without any I agree manifestations of [L]GPL acceptance, and
redistribute it (i.e. that acquired CD) under any restrictive contractual
TC you want (nothing but forbearance, for example).


I'm not sure I understand this. Could you explain please?
TC means Terms and Conditions, right?

Daniel.
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Re: Distributing GPL software.

2006-01-11 Thread Daniel Carrera

Alexander Terekhov wrote:

Right. But it's not required. You can gift or sell it without TC.

The rest is here:

http://cryptome.org/softman-v-adobe.htm


That looks doggy to me... I think I'll pass. Thanks anyways.

Cheers,
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Re: Distributing GPL software.

2006-01-11 Thread Daniel Carrera

Don Armstrong wrote:

What you can always do is have the source CDs available there, and
give them to anyone who requests them who also donates a dollar for
the openoffice cd. [Or some other method of satisfying equivalent
access.]
 
That's generally what we do at the Debian booth.


Now many CDs does the Debian distribution take?

Cheers,
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Re: Distributing GPL software.

2006-01-11 Thread Daniel Carrera

Andrew Suffield wrote:

You aren't required to give copies of the source to
everybody. However, if somebody gives you a Knoppix CD, and you ask
for the source, and they *refuse* (and don't exercise any of the other
options either), then they would be breaking the law.

This is also the easiest way to deal with your case - have copies of
the source on hand, and give them to anybody who asks for them
(charging extra for the extra media). Most people probably won't
ask.


How about having the source code on a PC ready, and if anyone asks, I 
charge for the media and burn the CDs?  So I just have to bring some 
CDRs and I know they won't go to waste.


Cheers,
Daniel.
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Opinions on the PDL

2005-11-20 Thread Daniel Carrera

Hello,

A few months ago I asked for opinions on the Public Documentation
License (http://www.openoffice.org/licenses/PDL.html) and I got two
interesting responses:

http://lists.debian.org/debian-legal/2005/03/msg00236.html
http://lists.debian.org/debian-legal/2005/03/msg00260.html

In addition to what was said on those posts, I have a concern over
section 3.3:

quote
 3.3. Description of Modifications.

 All Documentation to which You contribute must identify the changes
You made to create that Documentation and the date of any change. You
must include a prominent statement that the Modification is derived,
directly or indirectly, from Original Documentation provided by the
Initial Writer and include the name of the Initial Writer in the
Documentation or via an electronic link that describes the origin or
ownership of the Documentation. The foregoing change documentation
may be created by using an electronic program that automatically
tracks changes to the Documentation, and such changes must be
available publicly for at least five years following release of the
changed Documentation.
/quote

My concerns are:
1. It's not clear how precise the list of modifications must be.
It's not clear if I can say edited section 4 or I must include
every sentence that was changed. This legal uncertainty makes me
nervous.

2. For colaborative work, where you have 20 contributors passing the
file around from one to the next (this is how my project works), this
seems like an undue burden.

3. The 5 years thing makes the burden even worse.

4. I don't know how this license would deal with a derivative of a
derivative.

Cheers,
Daniel.
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Linux and GPLv2

2005-03-13 Thread Daniel Carrera
Hello,

My understanding is that Linux is distributed under the GPLv2 exclusively. That 
is, instead of the usual GPL version 2 or later it just says GPL version 2.

Given the vast number of Linux contributors, this means that Linux won't be 
able to migrate to the GPLv3 when it comes out, correct?

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Re: Linux and GPLv2

2005-03-13 Thread Daniel Carrera
Måns Rullgård wrote:

  Given the vast number of Linux contributors, this means that Linux
  won't be able to migrate to the GPLv3 when it comes out, correct?
 
 That would be the case.  Is this a problem?

For a large colaborative project, possibly. Using only the GPLv2 means you are 
trapped in that license. Having an or later allows some measure of 
adaptability. Suppose that there is a good reason why the GPLv2 needs to be 
updated (e.g. to deal with software patents). Then you would like to have the 
choice of moving to the GPLv3 if you want.

 What if I don't at all agree with GPLv3?

Well, then it means you gave people more freedoms than you intended. You can 
still make a GPLv2 fork and make all subsequent releases GPLv2 only.

The point is, the or later gives you more flexibility and choice. I think 
it's a prudent precaution.

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Re: Linux and GPLv2

2005-03-13 Thread Daniel Carrera
Arnoud Engelfriet wrote:

 I'm interested in why you think it's not.

Wow, hey. I was just asking a question. I didn't know there was an issue here. 
I certainly haven't thought about it half as much as you have.

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Re: Linux and GPLv2

2005-03-13 Thread Daniel Carrera
Måns Rullgård wrote:

  Well, then it means you gave people more freedoms than you
  intended. You can still make a GPLv2 fork and make all subsequent
  releases GPLv2 only.
 
 Only if all the copyright holders agree.  Suppose A has accepted
 contributions from B, with the or later option, and it turns out
 that A does not approve of v3.  Now B refuses to drop this, so A is
 effectively forced to distribute his code under a license he does not
 approve of.

No, if you get code as GPLv2 or later, you can pick either GPLv2 or pick 
something later. In your example, A can say I pick GPLv2 and make a GPLv2 
fork. It's like dual licensing. At least, that's what the Debian FAQ says :-)

 I'd be very cautious about placing my code at the hands of a third
 party in such a manner, and I think it is unfortunate that so many
 authors release code under the GPL (with or later option), without
 properly considering the implications.

I guess it comes down to whether those copyright holders trust the FSF to not 
totally screw it up. I'd think they would have to do something really bad with 
the GPLv3 for this to be a problem.

Consider an extreme case. Suppose GPLv3 is non-free, propietary.

That means that your GPLv2 or later work is now dual licensed: 
GPLv2/proprietary

But that is still free. It's like MySQL for example (GPL/proprietary).
As long as the GPLv2 is an option, the work is free.

Or am I just confused?

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Re: CC-BY : clarification letter ?

2005-03-10 Thread Daniel Carrera
Andrew Suffield wrote:

  The PDL is very inconvenient to use.
 
 And it doesn't appear to be a free license.

I certainly think it is less free that CC-BY. So I think that moving 
towards CC-BY is a movement towards more free. Notice that many of my 
reasons for wanting to switch come down to wanting to do something that 
I'm not currently permitted.


  For this reason, also, the usual suggestions won't help us.
 
 That doesn't make any sense. Why are you limited to this ridiculous
 pair of licenses?

Because OpenOffice.org is very slow at approving anything. Getting 
anything changed is difficult and takes time. Before, the only license 
allowed for documentation was the PDL. Recently, we approved the CC-BY. I 
think that the CC-BY is better than the PDL, so I want to take it.

This doesn't preclude the probability of there ever being another license. 
I expect there will be. But that will not be for a long time.

I am hoping that the Debian concerns with the CC-BY can be addressed with 
a clarification letter. If it can't, then I'll just accept that the the 
work can only go in the non-free archive until the CC changes the license. 
This would be sad, but not catastrophic. After all, this isn't Debian 
documentation we're talking about. But I will still go for the CC-BY 
because I think it is a step in the right direction.

Cheers,
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Re: CC-BY : clarification letter ?

2005-03-10 Thread Daniel Carrera
Andrew Suffield wrote:

 But you can approve a mangled variation on CC-BY, if you pretend that
 it's really the same thing? So just 'clarify' it into the MIT
 license...

Well... I'm asking about whether one can use a letter to clarify 
ambiguities. For example, if it's not clear exactly what is meant by 
references, maybe I can say that references refers to authorship 
references. Can I do that? Or is that the same as making a new license?

I was hoping it'd be the same license, with an explanation of what those 
terms were meant as.

I gather from your post that this isn't how a clarification letter works.
:-(

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Opinion on the PDL ?

2005-03-10 Thread Daniel Carrera
 Writer, Original Documentation or 
Contributor in the notice described in the Appendix shall not be deemed to 
be Modifications of this License.

6.0 DISCLAIMER OF WARRANTY.

DOCUMENTATION IS PROVIDED UNDER THIS LICENSE ON AN AS IS'' BASIS, WITHOUT 
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(NOT THE INITIAL WRITER OR ANY OTHER CONTRIBUTOR) ASSUME THE COST OF ANY 
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CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF ANY DOCUMENTATION 
IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.

7.0 TERMINATION.

This License and the rights granted hereunder will terminate automatically 
if You fail to comply with terms herein and fail to cure such breach 
within 30 days of becoming aware of the breach. All sublicenses to the 
Documentation which are properly granted shall survive any termination of 
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(INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL THE INITIAL WRITER, 
ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF DOCUMENTATION, OR ANY 
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If Documentation is being acquired by or on behalf of the U.S. Government 
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This License represents the complete agreement concerning the subject 
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Appendix
Public Documentation License Notice

The contents of this Documentation are subject to the Public Documentation 
License Version 1.0 (the License); you may only use this Documentation 
if you comply with the terms of this License. A copy of the License is 
available at __[Insert hyperlink].

The Original Documentation is _. The Initial Writer of the 
Original Documentation is ___ Copyright (C)_[Insert 
year(s)]. All Rights Reserved. (Initial Writer 
contact(s):[Insert hyperlink/alias]).

Contributor(s): __.

Portions created by __ are Copyright (C)_[Insert year(s)]. All 
Rights Reserved. (Contributor contact(s):[Insert 
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NOTE: The text of this Appendix may differ slightly from the text of the 
notices in the files of the Original Documentation. You should use the 
text of this Appendix rather than the text found in the Original 
Documentation for Your Modifications.



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GPL for documentation ?

2005-03-10 Thread Daniel Carrera
Hello,

Jeremy just had an interesting idea. About using a dual license. In my 
case, I would pick GPL/CC-BY. I just emailed a couple of people with the 
idea, to test the waters.

I was hoping you could help me understand the implications of using the 
GPL for documentation:

1) The GPL language talks about software. How does that apply to something 
that is not software?

2) How do I assign the GPL/CC-BY to a document? I guess the first page of 
the file would say something like this document is released under the GPL 
and the CC-BY license 

Could someone help me produce a boilerplate for the license? I want to 
make it as short and simple as possible.

3) How do I attribute authors?

In our project, each document is reviewed and edited several times by 
several different people. It's very difficult to say who changed what. 
This is one of our motivations for wanting to move away from the PDL in 
the first place.

The GPL doesn't seem to have any such requirement. So, how would I name 
the authors? Can I get away with an appendix with a list of contributors?

4) Is there anything I should be aware of that I forgot to ask? :-)

Thank you for your help.

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Re: CC-BY : clarification letter ?

2005-03-10 Thread Daniel Carrera
MJ Ray wrote:

 http://www.gnu.org/licenses/gpl-faq.html#WhyNotGPLForManuals

It looks like the only problem is having to provide sources. If my team 
goes for a dual GPL/CC-BY system, we can wiggle out of that easily. The 
printed manual can be plain CC-BY, but you are always free to download the 
sources from the website under the GPL/CC-BY.

Yes?

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Re: GPL for documentation ?

2005-03-10 Thread Daniel Carrera
Humberto Massa wrote:

 Yes, you could start with this document is (C) its contributors as 
 defined in the file AUTHORS ...

Okay, how about this :

  This document is (C) 2004 its contributors as defined in the section
  titled AUTHORS. This document is released under the terms of the GNU
  General Public License (http://...), or under the terms of the Creative
  Commons Attribution License (http://...), at the option of any part
  receiving it.


So, the document would have a section (e.g. an appendix) with a list of 
contributors. This should meet the requirements of both the GPL and CC-BY, 
while making it easy for other people to meet the requirements also. 
They'd only have one file to distribute to maintain attribution.

What do you guys think?

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Re: GPL for documentation ?

2005-03-10 Thread Daniel Carrera
Josh Triplett wrote:

 Two suggestions:
 
 * The GNU GPL and the CC-BY both have several versions.  For the GPL,
 you should explicitly say GNU General Public License, version 2, or
 GNU General Public License, version 2 or later.  For the CC-BY, do
 something similar, depending on the versions you want.

Alright. I think that version 2 or later is the standard, right? Is that 
what you would recommend? For CC-BY I could do the same (version 2.0 or 
later). I guess that this way, if the CC ever gets around to correcting 
the CC-BY license, I can move to the new one without hassle.

Your thoughts ?

Thanks for the help.

As a sidenote, I got a response back from our chief editor and she likes 
the idea of a dual GPL/CC-BY license. I think that the others will too.

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Re: GPL for documentation ?

2005-03-10 Thread Daniel Carrera
Don Armstrong wrote:

 Also, if you must discourage people from using a license, please point
 out specific problems with the license that preclude its application
 to a specific class of work.

Also provide an alternative :-)

No license will be perfect. There will always be drawbacks. The goal is 
not to pick something infallible, but to pick something suitable.

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Re: GPL for documentation ?

2005-03-10 Thread Daniel Carrera
Alright guys,

Here's the lates (and hopefully final) draft of the copyright section:

This document is Copyright 2004 its contributors as defined in
the section titled AUTHORS. This document is released under the
terms of the GNU General Public License, version 2 or later
(http://www.gnu.org/licenses/gpl.html), or under the terms of
the Creative Commons Attribution License, version 2.0 or later
(http://creativecommons.org/licenses/by/2.0/), at the option of
any part receiving it.


How does that look?

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Re: GPL for documentation ?

2005-03-10 Thread Daniel Carrera
Don Armstrong wrote:

 s/part/party/ [possibly consider just using 'at your option' or
 whatever the precise language is from the GNU GPL recommended
 copyright statement.]

Okay. I made it at your option. I like simple language.

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Re: CC-BY license.

2005-03-09 Thread Daniel Carrera
Andrew Suffield wrote:

  The third justification refers to the trademark notice on the license's 
  website where it is not obvious if this notice is part of the license.
  
  I'm pretty sure the trademarrk notice is not part of the license.
 
 So were we (expecting this to be a trivial bug which would be rapidly
 corrected), but when they were asked we got a non-response and it
 hasn't been fixed *years later*, which made us rather less sure.

Alright, let me have a go at this one. It looks like the simplest thing to 
fix. If I hit a brick wall, I won't bother bringing up the other issue.

What should CC do to make the note sufficiently obvious?

 We did, ages ago. They didn't. That's a very, very bad sign. It means
 they're either completely incompetent, or they have some reason for
 keeping it broken that we don't know about.

Let's avoid conspiracy theories if we can :-)

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CC-BY : clarification letter ?

2005-03-09 Thread Daniel Carrera
Hello all,

I just had a thought, regarding the CC-BY license. It looks like the 
license is essentially free, except that there are some vague points 
that would allow it to be misused.

Can this be fixed by just adding a clarification letter? What I mean is, 
I publish something using the CC-BY license, and I attach a letter to 
clarify how I read the license.

The letter could just clarify that (1) the author names don't have to 
be prominent, (2) the license does not interfere with fair-use rights 
(e.g. quoting you on a bibliography) and (3) CC is not a party to the 
license.

It seems like a simple and expedient solution.

How would you feel about that?

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Re: CC-BY : clarification letter ?

2005-03-09 Thread Daniel Carrera
Daniel Carrera wrote:

 In any event, would you (Debian-legal) help me draft a short and simple 
 letter that would clarify away the problems?

How's this? :

  LICENSE CLARIFICATION

  This is how we, at OOoAuthors, interpret the Creative Commons
  Attribution license, used for our work:

(*) The author names need not be prominent. For example, a list
names under the heading user guide contributors is acceptable.

(*) The license does not interfere with fair-use rights. For
example, you can always quote from our work and attribute the text.

(*) The Creative Commons is not a party to this license.

How's that?

I'd like to keep it as simple as possible. One of the things that make the 
CC-BY license groovy is that it's simple and in plain English.

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Re: CC-BY : clarification letter ?

2005-03-09 Thread Daniel Carrera
MJ Ray wrote:

  The letter could just clarify that (1) the author names don't have to 
  be prominent,
 
 That would probably work.

:-)

  (2) the license does not interfere with fair-use rights 
  (e.g. quoting you on a bibliography)
 
 Is this trying to reverse the author name purge condition? I'm not
 sure that appealing to fair use covers it.

Not the whole thing. The problem lies with the mis-use of the purge 
clause. The purge clause is good, for example, if you modify my work to 
the point where it says the opposite of what I intended, I wouldn't want 
to be in the list of authors. On the other hand, that clause should not 
prevent you from using legitimate quotes from me, or putting my work in 
your bibliography, etc. Those are the real issues with the clause. And 
that's the part that fair use would cover.


  and (3) CC is not a party to the license.
 
 Is this about the trademark bit? As it's not part of the
 licence, *you* can just delete that part and not include it
 in the licence for your original work. No need for a letter.

Sounds good.


 That's why it would be good for CC to make it clear.

It sounds like an easy change too. I'll keep bugging them about it.

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Re: CC-BY : clarification letter ?

2005-03-09 Thread Daniel Carrera
Francesco Poli wrote:

 Are you, as a copyright holder, considering to use a CC license?

Yes.

 I would recommend you to choose a clearly DFSG-free and urge your
 fellows to do the same.

We also want to put our work on the OpenOffice.org website. And OOo has a 
rather limited set of options. For written text, the options are the 
Public Documentation License and the CC-BY.

http://www.openoffice.org/licenses/PDL.html

The PDL is very inconvenient to use. There is some boilerplate that has to 
be added to every file, plus an entire copy of the license. And you have 
to keep track of all the changes. This last one is a significant problem 
because we use a very distributed system, where each file is reviewed many 
times by several different people. The PDL is also unclear about how you 
combine several PDL documents. Finally, we find the PDL complicated.

For this reason, we are looking at the CC-BY.

For this reason, also, the usual suggestions won't help us.

Fixing the license so that Debian likes it is desirable, but it isn't 
imperative. This work is not being done for Debian. But I think that it's 
a good thing to have Debian happy if it can be accomodated.

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Re: CC-BY : clarification letter ?

2005-03-09 Thread Daniel Carrera
MJ Ray wrote:

 Under English law, I'm only allowed to say Daniel wrote ... 
 and include a chunk of copyrighted material within limited
 parameters called fair dealing.

How do you deal with bibliographies? What about saying Ray doesn't like 
Lessig? There *has* to be room for more than just Ray wrote

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