Re: Problems in GNU FDL 1.2 Draft

2002-02-14 Thread Don Marti
begin Antti-Juhani Kaijanaho quotation of Thu, Feb 14, 2002 at 08:00:48PM +0200:

 I would advice against anyone using the GPL for documentation.
 For example, if I print and photocopy a GPL'd document and
 give the copies to my students, I must also give them
 machine-readable source.  This is a major nuisance.

The GPL says you only have to _offer_ them the source.  If they
want it on physical media you can tell them to bring a floppy to
office hours; otherwise just put it on a web site.

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Re: New idea for finessing patent issues (was: lame (again!))

2001-05-23 Thread Don Marti
begin Barak Pearlmutter quotation of Wed, May 23, 2001 at 05:17:12AM -0600:

 Fortunately we're not actually talking about a *contract* here, just a
 warning.  Be aware, some people claim that there might be a patent
 issue in some uses of this software (patents US7549857398573498,
 US84973549753987538, and US2153987543895473).  Use it at your own
 risk.  No warranty expressed or implied.  You're own your own, son.

This might be appropriate in some cases. But any patent policy should
have promotion of patent reform, not just minimal legal compliance, as
its goal.

Some software patent holders, such as Unisys, have an unofficial free
sample program, where they allow personal and educational use but take
legal actions against business or public use. Participating in such
programs confines free software to hobby use and class projects.

In some situations, whatever the law says, it is a good idea to mess up
the free sample program by refusing to infringe the patent even when the
patent would not hold up in court, or if the chance of being sued is
small.  For example, refusing to include GIF-creating tools promotes
patent-free formats, and helps make it possible to use free software
in public or in business.

Other patents, such as the BT patent on hyperlinking, are so ludicrous
that an infringement warning would be appropriate, since it would inform
users about the problems with some countries' patent systems.

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Re: possible ITP: mindterm (somebody, shoot me, please)

2001-04-06 Thread Don Marti
begin Joey Hess quotation of Fri, Apr 06, 2001 at 10:15:38AM -0700:

 Hmm. I guess that means that a copy of the source code should be made
 available from the same web server, to satisfy the GPL. Weird, but
 doable. I don't think it need be part of the same jar archive; providing
 a link should do. Is this sane?

ianalYes, it's sane, and no it doesn't have to be part of the same
archive. Server operators could also fulfil their GPL obligation by
offering source on CD-ROM via postal mail, which is a little less
sane./ianal

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Re: Legal risk of software authoring?

2001-02-20 Thread Don Marti
On Wed, Feb 14, 2001 at 06:11:07PM -0500, William T Wilson wrote:

 I am thinking that while it might not be possible to shut down a Gnutella
 or Freenet by suing the operating company, it might be possible to stifle
 development by suing individual software authors.

ianalYes, you're right. Be prepared for legal action of some kind if
you do _any_ multimedia or peer-to-peer work, either because of DRM,
charges of contributory infringement, or because of someone's bogus
software patent./ianal We live in interesting times.

If you're a peer-to-peer developer, Robin Gross at EFF will give you
a consultation to help you get your legal act together _before_ the
lawsuit happens.

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Re: Legal Question on GPL

2000-10-29 Thread Don Marti
On Sun, Oct 29, 2000 at 09:49:56PM -0500, Steve Przepiora wrote:

 Hello, I have a legal question about a company stating they're product is
 covered by the GPL. I have included my correspondence with them which will
 explain the situation. This doesn't have to do with Debian, but this is the
 only place I know of that I could get this clarified for me. I do not
 subscribe to this list, if you could reply to me directly I would appreciate
 it.

The GPL does not impose on software developers the duty to operate
a web or FTP site.

It is perfectly permissible under the GPL to just distribute
source+binaries on a CD as this company is doing.

Note that they do not interfere with the distribution rights of users who do
operate sites.  They seem to be in total compliance with the GPL.

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Re: FWD: Analog licence violates DFSG

2000-09-13 Thread Don Marti
begin  Bernhard R. Link quotation of Wed, Sep 13, 2000 at 11:34:05AM +0200:

 First of all I see this as a moot point, as an illigal action is
 illegal. By saying that you behave illegal, when you do something illegal
 is no discrimination in my eyes but should be seen as only
 beeing a reiminder. (But I am not a lawyer at all).

First of all, crime, especially organized crime, is a Field of
Endeavor. Second, some people who are considered criminals in one
country are freedom fighters in another country.

Third, I can understand why there shouldn't be no breaking the law
clauses in free software licenses. Let's say that example.com installs
a new free accounting system, with a no breaking the law clause in
its license, at tremendous cost in hardware and consulting time. Due
to human error, they issue paychecks to all their employees for less
than minimum wage. They correct the error, make up the missed pay, and
pay a fine -- but in the meantime they have lost the license to their
accounting system, and can no longer stay in business.

Not even proprietary software licenses include a clause like this, since
companies inadvertently break the law all the time.

Licenses that require legally perfect behavior in an imperfect society
with complex laws are unrealistic and dangerous.

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Re: What type of license for iozone

2000-03-01 Thread Don Marti
On Wed, Mar 01, 2000 at 05:37:06PM +0100, Henning Makholm wrote:

 He could copy and paste from
   http://www.debian.org/misc/bsd.license
 (but clause 3 of that license should be left out).

The X11 license is the closest to the BSD license without the 
advertising clause that the author seems to want.

Cut and paste http://www.x.org/terms.htm, put the author's name in in
place of the Open Group, and Bob's your uncle. The key advantage of the
X11 license over the BSD license is that you can borrow X11-licensed
code for a work covered by GPL or LGPL.

A good field guide to licenses is:
http://www.gnu.org/philosophy/license-list.html

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Is this really patent-free LZW?

2000-01-03 Thread Don Marti
This web site claims to use something called the Adaptive Tree
Algorithm to create LZW-compressed GIFs without using any
patented algorithms.

http://www.danbbs.dk/~dino/whirlgif/gifencod.html

Source for gifencode.c is on the page.

Is this for real?

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Re: Dangerous precedent being set - possible serious violation of the GPL

1999-12-02 Thread Don Marti
On Wed, Dec 01, 1999 at 11:24:52PM -0700, Richard Stallman wrote:

 You are entirely right that programs prohibited by patents
 in some countries should not be treated like programs
 restricted by their authors.
 
 gimp-nonfree should be renamed and reclassified as a free non-us
 package.

LZW is patented in countries other than the US -- United States Patent
No. 4,558,302, Japanese Patent Numbers 2,123,602 and 2,610,084, and
patents in Canada, France, Germany, Italy and the United Kingdom.
according to http://corp2.unisys.com/LeadStory/lzwfaq.html

The Debian policy -- http://www.debian.org/doc/debian-policy/ch2.html
-- says that non-us is for cryptography that can't legally be exported
from the US.  But there are countries from which you can export crypto 
in which the LZW patent is enforced.

As a practical matter, I discourage anyone from distributing any GIF
files or software to create them. I want GIF to join Betamax, DIVX, and
SDMI on the junk pile of formats whose owners killed them by trying to
keep them proprietary. It will help to make an argument for openness and
interoperability that even the most clueless of managers can understand.

But if you must have a category for free software to create a GIF,
neither non-us nor non-free seems to apply.

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