Death of a copyright holders (was: [debian-vote] Amendment: invariant-less in main (Re: GR Proposal: GFDL statement)

2006-01-14 Thread martin f krafft
I stumbled over this statement in an email from the KDE team to
-vote:

   For the record, relicensing most of our documentation will be
   impossible. There are several people with stated objections to using
   the GPL for documentation, many people we have no way of contacting,
   and a couple who are no longer alive, which makes them fairly
   difficult to contact.

I am curious: what happens to his/her copyrights when a person dies,
specifically wrt licence choice. Do people just assume that the
deceased didn't ever want to change the licence?

Sorry for the black topic.

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a legal problem with 'filters' in germany

2004-10-22 Thread martin f krafft
Dear all,

please refer to #277794. One single line needs to be erased from the
package because otherwise, the package is unconstitutional in
Germany (and Austria). I consulted a lawyer about this. She says
that *theoretically*, a German mirror operator could get jail-time
for this. No accusation means no punishment, but it would be
possible.

Joey Hess is refusing to do anything about it. Please advise.

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Re: a legal problem with 'filters' in germany

2004-10-22 Thread martin f krafft
also sprach Brian Thomas Sniffen [EMAIL PROTECTED] [2004.10.22.1943 +0200]:
 I don't think Germany's laws about how to properly cover up
 history can possibly make software non-free.

I don't think it's a proper way to cover up history anyway.

 I sympathize with the situation of German mirror-operators and
 developers, but it's not so much a matter of law as policy whether
 Debian will remove software from its archive to make some nations
 happy.  If we do that, why not remove crypto for France and
 tunneling software for China and Emacs for the USA?

Well, we did have an entire non-US archive for the longest time.

I am not sure what the situation is in other countries, but is it
actually illegal to distribute certain software, or just illegal to
use it?

PS: What's this about emacs and the US anyway?

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Re: Moving libcwd to Debian non-free

2004-10-04 Thread martin f krafft
also sprach Robert Millan [EMAIL PROTECTED] [2004.10.04.1908 +0200]:
 How many packages depend on this library?  These should be moved
 to contrib, and if they're not many you could consider removing
 libcwd along with them, too.

Consider removing it? Why?

Anyway, I doubt there is a single package that depends on libcwd.

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Re: Moving libcwd to Debian non-free

2004-10-04 Thread martin f krafft
also sprach Robert Millan [EMAIL PROTECTED] [2004.10.04.1926 +0200]:
 We provide non-free packages when our users require them (Social
 Contract). If there's no demand for libcwd there's no reason to
 provide it.  This is you as the maintainer who should judge that.

I need the package myself.

 I think it's specialy appropiate to take this in consideration for
 a library that has no reverse dependencies.

Right. So how do I reach out to the 17 users popcon lists?

 Of course, maybe we should just wait for a response from upstream
 and see if they want to re-license :).

Unlikely. But you never know.

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Re: Moving libcwd to Debian non-free

2004-10-04 Thread martin f krafft
also sprach Robert Millan [EMAIL PROTECTED] [2004.10.04.1934 +0200]:
 Anyway, as a sidenote I encourage you to find an alternative if
 the licensing problem cannot be solved.

Sure. I doubt there is one though. Then again, I am likely not going
to need all the functionality. So yes, maybe I'll just drop it
alltogether.

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Moving libcwd to Debian non-free

2004-10-02 Thread martin f krafft
Carlo,

I am sorry to inform you that I have decided to move libcwd to
Debian's non-free archive, where it will enjoy less support. The
debian-legal team has deemed the QPL to be not DFSG-free, and even
though I completely understand and subscribe to your rationale, I am
not capable of sustaining it in main any longer.

You will find additional information on our Wiki:

  http://wiki.debian.net/index.cgi?DFSGLicences

Should you ever decide to change the libcwd licence, or to
dual-licence it (must not be Debian-specific), then I will gladly
move the library back to the main archive.

Cheers,

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Re: remove this package from another developer (was: Bug#251983: Please remove libcwd from main; it is licensed under the QPL, which is non-free.)

2004-07-12 Thread martin f krafft
also sprach Colin Watson [EMAIL PROTECTED] [2004.07.12.1409 +0200]:
 IIRC, Martin mentioned this the last time you asked about
 delegations, too.

Thanks Colin.

I would appreciate if this issue was left to myself. I am working
with the author through the problems and hope to get libcwd freed.
I just can't stand when people get into a discussion without having
read everything and think they need to take immediate action. No,
Branden, it's not you whom I'm talking about.

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Re: Bug#251983: Please remove libcwd from main

2004-07-09 Thread martin f krafft
tags 251983 + wontfix moreinfo
thanks

also sprach Brian M. Carlson [EMAIL PROTECTED] [2004.07.09.2243 +0200]:
 Please remove libcwd from main and put it in non-free. I will
 request removal of this package if you do not.

As long as there is no official statement on the QPL, I will not
move this package to non-free.

Please check

  http://wiki.debian.net/index.cgi?DFSGLicences

and provide the appropriate information needed to settle the issue.
Also make sure to read the entire bug thread carefully and note
where the author would be willing to compromise.

Currently, the QPL is assumed to be DFSG-compatible though not
favourable. Until I hear a majority of votes that this is not the
case, I will not take any steps and I will vigorously oppose any
requests to remove it from main.

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Re: Bug#251983: Please remove libcwd from main; it is licensed under the QPL, which is non-free.

2004-07-09 Thread martin f krafft
severity 258497 wishlist
tags 258497 + moreinfo
thanks

also sprach Brian M. Carlson [EMAIL PROTECTED] [2004.07.09.2322 +0200]:
 debian-legal has adjudged the QPL non-free, and the maintainer
 refuses to move this package to non-free;

You are misrepresenting. I was not convinced by the debian-legal
thread and I don't have the time to go through it again.

Thus, until you read all the relevant information and give some
valuable input, I ask you to please stop trolling.

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Re: Bug#251983: libcwd: QPL license is non-free; package should not be in main

2004-06-02 Thread martin f krafft
debian-legal, I am CC'ing y'all for hope of valuable input. Please
refer to http://bugs.debian.org/251983 for a history of this
discussion.

It's about the QPL, specifically term 6c. and the choice of legal
venue, which Nathanael claims to be in contradiction with the DFSG,
but which has never really been settled. The bugreport contains
links to previous discussion.

also sprach Carlo Wood [EMAIL PROTECTED] [2004.06.01.1951 +0200]:
 The choice of law is my choice and not of the person who doesn't
 follow the rules of the license.  I am convinced that the choice
 of law has no influence on the *intend* of the license and as such
 cannot cause a license to fail the DFSG - which only describes
 what the intend of a license is (it is written in a general way).

i am also not clear on that. I don't think the DFSG denies a choice
of legal venue.

nevertheless, is it needed? imagine John Doe copies your software,
modifies it, and screws the licence. you can do one of two things:
prosecute john in his country, or prosecute john in your country.
the former's a pain and not possible due to financial issues. the
latter is what you'll do.

now, whether the licence states that your hometown is the chosen
legal venue or not does not make a difference to john doe. if john's
country shields him or does not cooperate in handing him over to
face the charges, then there's nothing you can do. john already
violated your licence. he'll laugh at you if you insist on the legal
venue choice.

the only time when such a choice of legal venue is relevant is when
someone chooses to prosecute you. but he can't, because the licence
exempts you from any liability. thus, no matter where there's
a prosecution, it's invalid because of terms in the licence.

 Since http://www.opensource.org/docs/definition.php contains
 a rationale for each guideline, I prefer to use that document as
 a base of this discussion.

Yes, I think that is possible.

 I might not be a lawyer, but I don't need to be.  This has been
 investigated before already for us.  As you can read on
 http://www.opensource.org/licenses/ (left column) the QPL is an
 approved OSI license, which means it satisfies the definition
 given on http://www.opensource.org/docs/definition.php.

DFSG is more restrictive than OSI, from what i understand. Maybe the
folks from debian legal can offer a concise comparison.

 The pressure put upon me to change the license of libcwd is driven
 by either personal favours or misunderstandings.  There is no need
 to change it as it satisfies the DFSG.  Unless your lawyers prove
 otherwise and an explicit note on the debian website is made that
 the QPL does NOT satisfy the DFSG I advise you to take no action
 and keep things as the are.

carlo, i am on your side. but let's try to get this settled once and
for all. let's get the QPL to be called
DFSG-free-but-not-favourable.

 from being modified.' -- So, what happens is an encouragement
 Martin, but they cannot force you to remove libcwd from debian (at
 least, not based on these guidelines - which are just that anyway
 - guidelines.)
 
note my initial reply to the bug...

  Yes, but the social contract states that people may derive from
  it all that they want. We don't put limitations on the derived
  works. It could be closed or open, modified or not.
 
 What a nonsense - not even the GPL allows closed derived works.

Many licenses are DFSG-free and not GPL. I personally dislike the
GPL for its viral feel. mr. balmer wasn't too wrong, but he didn't
refer to GNU, he referred to linux as a whole.

i release all my work under the artistic licence, or the
do-as-you-damned-well-please licence, or an attribution licence.
afaict, all these allow closed derivation. yet, they are all
dfsg-free.

the point is: the licence can put limitations on the software to
a certain degree. debian never increases these limitations, at least
not for dfsg-free licences.

  I agree, though it's not going to be easy. Say I screwed the
  licence. What are you going to do now? An international suit?
 
 You and me would know the law would be on my side.

But if 'I' was someone malicious? Or if I would actually turn
against you and you'd find out that I just pretended to be on your
side? (don't worry... purely hypothetical)

 We'd exchange some emails and things would be settled out of court
 without travel or lawyer expenses.  What we need is clarity in the
 license - I am not anticipating on dealing with people who
 willingly screw the license and laugh at me in my face.

so what are you anticipating?

 I trust that debian will still include libcwd.

i hope so too. i really like it.

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The QPL licence

2004-04-24 Thread martin f krafft
Sorry, this should have gone to -legal straight, not first to
-devel.

Please CC me on replies!

I would like to package a software released under the QPL licence:

  
http://cvs.sourceforge.net/viewcvs.py/*checkout*/libcwd/libcwd/LICENSE.QPL?rev=1.1

It *seems* that the QPL is DFSG-free, but I would like to have
confirming voices. It disallows the source code to be distributed in
modified form, but allows the packaging of patches alongside for
modification at build-time. Thus, I think paragraph 4 of the DFSG
makes this package packageable.

I am trying to convince the author to change the licence, but if
I don't succeed... can I package libcwd for Debian?

Thanks,

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Re: The QPL licence

2004-04-24 Thread martin f krafft
 It'd be nice if this license would go away.  I'd recommend the
 same thing that was recommended in the previous thread: ask the
 upstream authors to dual license under the GPL, just like
 Trolltech did.

I am working on it. In the mean time, let me present the authors
argument for the QPL. He is basically afraid of a fork, which he
argues is easier than cooperation. He's probably right. He wants
there to be one libcwd, and only one libcwd, and no competition
from projects building up on years of his work.

I can completely understand this line of reasoning, and I find it
hard to argue against that. If you have convincing arguments, share
them with me (or just post them here, I sent the thread link to the
author).

You and I, we agree that the QPL should go away and be replaced by
a truly free licence. However, unless we find a licence that
accomodates DFSG-freeness and the author's wish for legal protection
against forks, it's going to be hard.

I have proposed to him to consider creating a license of his own,
which would basically allow everything except the incoporation of
the code into another project with the same goals as libcwd. We'll
see what comes.

In the mean time, I appreciate your time and effort. Thanks for any
forthcoming (and previous) suggestions and thoughts!

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Re: is this DFSG?

2002-09-24 Thread martin f krafft
also sprach Henning Makholm [EMAIL PROTECTED] [2002.09.24.2247 +0200]:
 Mostly though sloppy writing, I think. If the intention was something
 like:

i understand. it has been changed to pure GPL v2.

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is this DFSG?

2002-09-22 Thread martin f krafft
[please CC me on replies]

Those whose work is in agreement with [1] may freely use, modify,
 or distribute this under the same terms. Those who don't may
 not.
  
  1.   http://www.debian.org/social_contract/


This is kinda meta-DFSG and kinda not. it has me confused.

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Re: is this DFSG?

2002-09-22 Thread martin f krafft
also sprach Santiago Vila [EMAIL PROTECTED] [2002.09.22.1632 +0200]:
 Please contact the author to change that. DFSG is not a license, but a
 set of conditions a license should meet so that the program
 distributed with such license can be part of Debian.

I am the author ;^

 You can't license code under the DFSG. You can do it under GPL, BSD,
 or put the code under into public domain.

So it's not okay? I'll simply GPL it then. But DFSG is more than GPL,
even though it's not a license, right?

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Re: is this DFSG?

2002-09-22 Thread martin f krafft
also sprach Branden Robinson [EMAIL PROTECTED] [2002.09.22.1734 +0200]:
 I concur with Santiago on this.

Alright, I give in. It has been changed.

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Re: linux gpl question

2002-04-26 Thread martin f krafft
also sprach John Galt [EMAIL PROTECTED] [2002.04.27.0106 +0200]:
 However, his patches are patches *of Linux*, and so if he distributes
 the patched Linux, he is required to distribute the full source,
 because Linux is copyable only under the terms of the GPL and that's
 what the GPL requires.  If he doesn't like that, his only option is to
 refrain from copying the Linux binaries at all.
 
 I'm really wondering why you even bothered to point this out.  You restate 
 my point rather complicatedly and mostly wrongly, then added a huge assed 
 dose of the obvious.  Why?  

chill hey! gosh, legal issues always make people so belligerent ;^!

this is, after all, not always straight forward as in the books. in
fact, i claim to have understood most of the license, and your
explanations, and i am still confused in certain cases. granted, this
one is answered rather easily (now that i know what to consider and
where to look), but i still appreciate any form of feedback within the
reasonable bounds and as long as nobody purposely acts childish or
stupidly. this ain't no offense, john.

 BTW, he is only required to provide the GPL'd stuff when asked: there is 
 no law, clause, or any other thing on God's green earth that is forcing 
 him to give up his rights of authorship in code he wrote (gee, does it 
 sound like I'm repeating myself?).

you still have a wonderful way of explaining, quite understandable,
i find...

 Artificial intelligence is no match for natural stupidity.

on purpose?

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linux gpl question

2002-04-25 Thread martin f krafft
[please cc me on responses]

hey wise people,

i have a question that's stunning us over here. there's someone
selling a complete firewall appliance atop a linux kernel. he
advertises it as hardened and as super-secure because he patched the
kernel here and there, and because he added userland stuff.

now my question: the kernel's gpl, so everything using the kernel
source must be gpl. that does force this guy to make the source of all
his kernel tree patches available, unless he provides binary patches
for the kernel, right? in this case, does he have to let people know
exactly which patches are applied?

or, can he simply make the kernel source available, but ship it in
binary only form with his patches applied?

i'd love to hear your thoughts...

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