Re: [Discussioni] OSD DFSG convergence

2003-03-06 Thread David Turner
On Wed, 2003-03-05 at 15:41, Branden Robinson wrote:
 On Wed, Mar 05, 2003 at 03:00:31PM -0500, David Turner wrote:
  Not so!  
  
  On January 6 of 1941, Franklin Delano Roosevelt said:
  
In the future days which we seek to make secure, we look
forward to a world founded upon four essential human
freedoms.
  
  As I recall, Debian postdates 1941.
 
 Is this a joke?  FDR's Four Freedoms are not the same as the FSF's.
 

Yes, of course it's a joke!  I was inspired by the Neuromancer comment
earlier in the thread.  

Incidentally, I once went to a summer camp which had not only FDR's Four
Freedoms, but also the Fifth Freedom, being freedom to run around
naked.  

-- 
-Dave Turner Stalk Me: 617 441 0668

On matters of style, swim with the current, on matters 
of principle, stand like a rock. -Thomas Jefferson



Re: [Discussioni] OSD DFSG convergence

2003-03-05 Thread Thomas Bushnell, BSG
Russell Nelson [EMAIL PROTECTED] writes:

 To anybody who think I'm being insincere, or duplicitious, or not
 listening to you, or impervious to facts, I offer a hearty fuck you,
 fuck off, and fuck yourself.  I will cheerfully admit to being wrong
 when I've been convinced of such, and if I feel an apology is
 deserved, will offer one.  On the other hand, if you think that you
 can convince me simply by giving me the benefit of your charming
 repartee, rapier-sharp wit, or brilliant thought, guess again.

But why should we bother trying to convince you anymore?  What
advantage is their?  Why should we bother proving to you that our
internal processes meet your tests of rationality?  They suit us fine,
and this is about what *we* choose to do, using the discretion
available to us. 

We could decide to refuse to distribute any software with a prime
number of characters in any source file.  We get to be as arbitrary
and perverse as we wish.

We do what we do because we think it advances the cause of free
software and our users' interests, and not because someone from OSD
tries to tell us which software we should distribute.

Thomas



Re: [Discussioni] OSD DFSG convergence

2003-03-05 Thread Russell Nelson
Thomas Bushnell, BSG writes:
  But why should we bother trying to convince you anymore?  What
  advantage is their?  Why should we bother proving to you that our
  internal processes meet your tests of rationality?  They suit us fine,
  and this is about what *we* choose to do, using the discretion
  available to us. 

Some people think there should be one and only one
definition/guideline/understanding of what comprises free software.
We've got one, you've got another, RMS has a third.  Wouldn't it be a
good thing if there was less dissention in our community?

  We do what we do because we think it advances the cause of free
  software and our users' interests, and not because someone from OSD
  tries to tell us which software we should distribute.

What's OSD?

-- 
-russ nelson  http://russnelson.com | A government does enough
Crynwr sells support for free software  | PGPok | wrong to offset what it
521 Pleasant Valley Rd. | +1 315 268 1925 voice | does right.  Better that
Potsdam, NY 13676-3213  | +1 315 268 9201 FAX   | it should do less.



Re: [Discussioni] OSD DFSG convergence

2003-03-05 Thread Thomas Bushnell, BSG
Russell Nelson [EMAIL PROTECTED] writes:

 Thomas Bushnell, BSG writes:
   But why should we bother trying to convince you anymore?  What
   advantage is their?  Why should we bother proving to you that our
   internal processes meet your tests of rationality?  They suit us fine,
   and this is about what *we* choose to do, using the discretion
   available to us. 
 
 Some people think there should be one and only one
 definition/guideline/understanding of what comprises free software.
 We've got one, you've got another, RMS has a third.  Wouldn't it be a
 good thing if there was less dissention in our community?

Sure.  Why don't we adopt RMS's?  That would be my first vote.



Re: [Discussioni] OSD DFSG convergence

2003-03-05 Thread Simon Law
On Wed, Mar 05, 2003 at 12:21:41AM -0800, Thomas Bushnell, BSG wrote:
 Russell Nelson [EMAIL PROTECTED] writes:
 
  Thomas Bushnell, BSG writes:
But why should we bother trying to convince you anymore?  What
advantage is their?  Why should we bother proving to you that our
internal processes meet your tests of rationality?  They suit us fine,
and this is about what *we* choose to do, using the discretion
available to us. 
  
  Some people think there should be one and only one
  definition/guideline/understanding of what comprises free software.
  We've got one, you've got another, RMS has a third.  Wouldn't it be a
  good thing if there was less dissention in our community?
 
 Sure.  Why don't we adopt RMS's?  That would be my first vote.

I always thought that the FSF's (and RMS's) Four Freedoms were
always the basis of the DFSG.  I merely thought that the DFSG exists to
codify these concepts and make them more concrete.  Sort of like a
checklist so we don't forget anything.

What might be a useful thing to do is start adding appendices to
the DFSG with examples of how we have interpreted certain sections.
(With valid, and invalid arguments in each.)  It should be made very
clear that these examples are merely to clarify the opinions of
debian-legal, and are in no way binding.

Simon



Re: [Discussioni] OSD DFSG convergence

2003-03-05 Thread Stephen Ryan
On Tue, 2003-03-04 at 22:36, Russell Nelson wrote:


 To anybody who think I'm being insincere, or duplicitious, or not
 listening to you, or impervious to facts, I offer a hearty fuck you,
 fuck off, and fuck yourself.  

Right.  Rubbery green skin, smells bad, bad hair, obnoxious attitude. 
Back under the bridge with you!

*plonk*


-- 
Stephen RyanDebian Linux 3.0
Technology Coordinator
Center for Educational Outcomes
at Dartmouth College



Re: [Discussioni] OSD DFSG convergence

2003-03-05 Thread Richard Braakman
On Wed, Mar 05, 2003 at 05:08:08AM -0500, Simon Law wrote:
   I always thought that the FSF's (and RMS's) Four Freedoms were
 always the basis of the DFSG.  I merely thought that the DFSG exists to
 codify these concepts and make them more concrete.  Sort of like a
 checklist so we don't forget anything.

I think the DFSG actually predates the FSF's codification of the Four
Freedoms.  However, my memory of events from the previous century is
somewhat unreliable.

   What might be a useful thing to do is start adding appendices to
 the DFSG with examples of how we have interpreted certain sections.
 (With valid, and invalid arguments in each.)  It should be made very
 clear that these examples are merely to clarify the opinions of
 debian-legal, and are in no way binding.

Indeed.  I would welcome such a document, though so far I have not had
the energy to create one.  It will also be a useful source of
inspiration when we get around to proposing changes to the DFSG.

Richard Braakman



Re: [Discussioni] OSD DFSG convergence

2003-03-05 Thread Russell Nelson
Thomas Bushnell, BSG writes:
  Sure.  Why don't we adopt RMS's?  That would be my first vote.

Well, because RMS is wrong.  Why should a free software license allow
someone to keep software proprietary within a single legal entity?
That's the end result of his privacy requirement -- to encourage some
users to keep software proprietary.  It's really weird to hear RMS
argue in favor of that.

-- 
-russ nelson  http://russnelson.com | A government does enough
Crynwr sells support for free software  | PGPok | wrong to offset what it
521 Pleasant Valley Rd. | +1 315 268 1925 voice | does right.  Better that
Potsdam, NY 13676-3213  | +1 315 268 9201 FAX   | it should do less.



Re: [Discussioni] OSD DFSG convergence

2003-03-05 Thread Russell Nelson
Glenn Maynard writes:
  On Tue, Mar 04, 2003 at 10:36:21PM -0500, Russell Nelson wrote:
   Why do some people think it's productive to reply to stale email that
   is no longer a current topic of conversation?  [ Thomas, feel free to
   reply at this point. ]
  
  The response you are quoting was made on the same day I received the
  message it replies to.  (There may have been SMTP queuing lag, of
  course; I've had some of my own mails to Debian lists take a few hours
  to get back to me over the last week or so.)

Touche'.  I should have ignored Thomas's bear-baiting.

-- 
-russ nelson  http://russnelson.com | A government does enough
Crynwr sells support for free software  | PGPok | wrong to offset what it
521 Pleasant Valley Rd. | +1 315 268 1925 voice | does right.  Better that
Potsdam, NY 13676-3213  | +1 315 268 9201 FAX   | it should do less.



Re: [Discussioni] OSD DFSG convergence

2003-03-05 Thread Russell Nelson
Stephen Ryan writes:
  On Tue, 2003-03-04 at 22:36, Russell Nelson wrote:
  
   To anybody who think I'm being insincere, or duplicitious, or not
   listening to you, or impervious to facts, I offer a hearty fuck you,
   fuck off, and fuck yourself.  
  
  Right.  Rubbery green skin, smells bad, bad hair, obnoxious attitude. 
  Back under the bridge with you!

Get lost, idiot.  I'm not riding this hobby horse because I think it's
fun.  The boards of SPI and OSI are of the opinion (or at least have
been) that there should be one functional definition of open source
and free software.  Currently, they differ.  Who has to change?  Us?
You?  RMS?  It's not obvious, and it's subject to discussion.  Said
discussion is not furthered by implying that I'm insincere,
duplicitious, not listening, impervious to facts, or ... a troll.

If you don't want to help, don't help.  But don't try to sabotage the
process.  Jerk.

Ean, can you help?  This project is at least half your idea.  You
carry this cinderblock for a while, I'm tired of the accusations.

-- 
-russ nelson  http://russnelson.com | A government does enough
Crynwr sells support for free software  | PGPok | wrong to offset what it
521 Pleasant Valley Rd. | +1 315 268 1925 voice | does right.  Better that
Potsdam, NY 13676-3213  | +1 315 268 9201 FAX   | it should do less.



Re: [Discussioni] OSD DFSG convergence

2003-03-05 Thread Branden Robinson
On Tue, Mar 04, 2003 at 10:36:21PM -0500, Russell Nelson wrote:
 If you notice, I have actually *listened* to you (gasp!!!) and have
 dropped that line of argumentation.

While such a change of position may be of great moment to you, other
people may have overlooked it in this very large discussion thread.
This is especially true in your case, as you tend to write with an
intransigent, not one step back! sort of tone.

If you change your mind about something, it is polite to acknowledge
that to the discussion group at the first opportunity.  Not only does
this allow you to redraw the parameters of the discussion, rendering the
conversation more efficient (in that points no longer in contention are
no longer debated), but it also helps to create the impression that one
is capable of being persuaded or convinced to alter one's position
through logical argument.

-- 
G. Branden Robinson| Exercise your freedom of religion.
Debian GNU/Linux   | Set fire to a church of your
[EMAIL PROTECTED] | choice.
http://people.debian.org/~branden/ |


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Re: [Discussioni] OSD DFSG convergence

2003-03-05 Thread Lars Wirzenius
ke, 05-03-2003 kello 18:10, Russell Nelson kirjoitti:
 The boards of SPI and OSI are of the opinion (or at least have
 been) that there should be one functional definition of open source
 and free software.

http://www.debian.org/devel/constitution, section 9, Software in the
Public Interest, subsection 9.1, Authority, enumerated list point 1:

SPI has no authority regarding Debian's technical or nontechnical
decisions, except that no decision by Debian with respect to any
property held by SPI shall require SPI to act outside its legal
authority, and that Debian's constitution may occasionally use SPI
as a decision body of last resort.

Thus, the opinion of the board of the SPI has no relevance for this.

The consensus of Debian developers on debian-legal seems to be that the
DFSG works well enough for Debian as a set of guidelines, and that
rewriting it as a definition instead is not a good idea. In fact I, as
others, think it is a particularly bad idea, from Debian's point of
view. I will lobby against such a change.

The OSI, on the other hand, needs a definition. There seems to be no
middle ground. I see no problem with the OSI doing their thing and
Debian doing its thing. Thus, I also see no point for this discussion to
continue.



Re: [Discussioni] OSD DFSG convergence

2003-03-05 Thread Anthony Towns
On Wed, Mar 05, 2003 at 09:05:38AM -0500, Russell Nelson wrote:
 Thomas Bushnell, BSG writes:
   Sure.  Why don't we adopt RMS's?  That would be my first vote.
 Well, because RMS is wrong.  Why should a free software license allow
 someone to keep software proprietary within a single legal entity?

That's a loaded description. How do you differentiate free software and
proprietary software when it's only posessed by the author? I don't think
you can, so I don't think your question has any meaning.

The related question -- why shouldn't we force all changes to code to
be distributed, either back to the author, or to the public at large --
is problematic because it imposes a burden that can be quite awkward
on the author. It also limits you from doing things you might want:
hardcoding security-sensitive information into a program, hacking a
feature into a GPLed program that'll indicate your future business
strategy in a way you're not ready to go public with yet, or something
else. If nothing else, it's a nuisance in that when you're just randomly
hacking on stuff that's licensed this way, you have to suddenly realise
Ooops! I fixed a bug, better go rsync the sources to my homepage.

The GPL's requirement -- source with binaries -- is much more reasonable;
you can do your development in private, and only distribute the source when
you're going to be distributing stuff anyway.

Even RMS's proposed GPLv3 requirement of requiring source distribution
with public demonstrations of your code (host a webpage on a modified,
GPLv3ed, boa, and you'd have to release the source code to your changes
too) don't go that far.

The world'd be a much better place if people stopped trying to think
of new ways to force people who aren't interested in contributing to do
so anyway.

Cheers,
aj

-- 
Anthony Towns [EMAIL PROTECTED] http://azure.humbug.org.au/~aj/
I don't speak for anyone save myself. GPG signed mail preferred.

  ``Dear Anthony Towns: [...] Congratulations -- 
you are now certified as a Red Hat Certified Engineer!''


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Re: [Discussioni] OSD DFSG convergence

2003-03-05 Thread Branden Robinson
On Wed, Mar 05, 2003 at 11:10:02PM +1000, Anthony Towns wrote:
 The Four Freedoms actually came well after the DFSG. According to
 web.archive.org, they seem to have been added to the GNU website sometime
 between December 1998, and April 1999.

That's interesting; I had no idea it took the FSF that long to
explicitly articulate this concept.

 Of course, you could say that the four freedoms always _were_ the basis
 of the DFSG, and we just didn't realise it at the time...

This seems plausible to me.  Geeks and hackers have a better feel for
the concept of freedom than the suits that have descended upon the
community in droves over the past few years.  (Money's good, but some
things shouldn't be for sale.)

-- 
G. Branden Robinson|  Mob rule isn't any prettier just
Debian GNU/Linux   |  because you call your mob a
[EMAIL PROTECTED] |  government.
http://people.debian.org/~branden/ |


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Re: [Discussioni] OSD DFSG convergence

2003-03-05 Thread Branden Robinson
On Wed, Mar 05, 2003 at 09:05:38AM -0500, Russell Nelson wrote:
 Thomas Bushnell, BSG writes:
   Sure.  Why don't we adopt RMS's?  That would be my first vote.
 
 Well, because RMS is wrong.  Why should a free software license allow
 someone to keep software proprietary within a single legal entity?
 That's the end result of his privacy requirement -- to encourage some
 users to keep software proprietary.  It's really weird to hear RMS
 argue in favor of that.

Perhaps because he also values personal, individual privacy.  In the
U.S., thanks to _Santa Clara County v. Southern Pacific Railroad
Company_[1], which is *still* a controlling precedent, it's very
difficult to draw a distinction between individual privacy and
corporate privacy that will be upheld in court.

Large corporations, with the help of their shills in government, are
already fiendishly efficient at demolishing individual privacy; I for
one am not yet ready to sign on to the philosophy of the panopticon.

(As an aside, it just occurred me that the relative prominence of
Christian Fundamentalism -- and wider subscription to monotheistic
religion in general -- in the United States when contrasted with Europe
may explain why U.S. citizens in general so meekly fritter away their
privacy -- God can already see everything you do and punish you for your
sins, so what does it matter if the Government or the Company can, too?)

[1] http://www.tourolaw.edu/patch/Santa/

-- 
G. Branden Robinson|Humor is a rubber sword - it allows
Debian GNU/Linux   |you to make a point without drawing
[EMAIL PROTECTED] |blood.
http://people.debian.org/~branden/ |-- Mary Hirsch


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Re: [Discussioni] OSD DFSG convergence

2003-03-05 Thread Branden Robinson
On Tue, Mar 04, 2003 at 10:36:21PM -0500, Russell Nelson wrote:
 To anybody who think I'm being insincere, or duplicitious, or not
 listening to you, or impervious to facts, I offer a hearty fuck you,
 fuck off, and fuck yourself.

It might be more fruitful to provide affirmative evidence for the
converse of those perceptions, because your offering certainly
doesn't.

-- 
G. Branden Robinson|
Debian GNU/Linux   |   If ignorance is bliss,
[EMAIL PROTECTED] |   is omniscience hell?
http://people.debian.org/~branden/ |


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Re: [Discussioni] OSD DFSG convergence

2003-03-05 Thread David Turner
On Wed, 2003-03-05 at 08:10, Anthony Towns wrote:
 On Wed, Mar 05, 2003 at 05:08:08AM -0500, Simon Law wrote:
   Sure.  Why don't we adopt RMS's?  That would be my first vote.
  I always thought that the FSF's (and RMS's) Four Freedoms were
  always the basis of the DFSG.  
 
 The Four Freedoms actually came well after the DFSG.

Not so!  

On January 6 of 1941, Franklin Delano Roosevelt said:

  In the future days which we seek to make secure, we look
  forward to a world founded upon four essential human
  freedoms.

As I recall, Debian postdates 1941.

-- 
-Dave Turner Stalk Me: 617 441 0668

On matters of style, swim with the current, on matters 
of principle, stand like a rock. -Thomas Jefferson



Re: [Discussioni] OSD DFSG convergence

2003-03-05 Thread Thomas Bushnell, BSG
Russell Nelson [EMAIL PROTECTED] writes:

 Thomas Bushnell, BSG writes:
   Sure.  Why don't we adopt RMS's?  That would be my first vote.
 
 Well, because RMS is wrong.  Why should a free software license allow
 someone to keep software proprietary within a single legal entity?
 That's the end result of his privacy requirement -- to encourage some
 users to keep software proprietary.  It's really weird to hear RMS
 argue in favor of that.

Because, um, freedom.  Freedom.  Not publicity or available without
cost, but *freedom*, which includes the freedom to keep things to
yourself or only share them with your friends.



Re: [Discussioni] OSD DFSG convergence

2003-03-05 Thread Branden Robinson
On Wed, Mar 05, 2003 at 03:00:31PM -0500, David Turner wrote:
 Not so!  
 
 On January 6 of 1941, Franklin Delano Roosevelt said:
 
   In the future days which we seek to make secure, we look
   forward to a world founded upon four essential human
   freedoms.
 
 As I recall, Debian postdates 1941.

Is this a joke?  FDR's Four Freedoms are not the same as the FSF's.

-- 
G. Branden Robinson|  It doesn't matter what you are
Debian GNU/Linux   |  doing, emacs is always overkill.
[EMAIL PROTECTED] |  -- Stephen J. Carpenter
http://people.debian.org/~branden/ |


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Re: [Discussioni] OSD DFSG convergence

2003-03-05 Thread Don Armstrong
On Wed, 05 Mar 2003, Branden Robinson wrote:
 Is this a joke? 

Asks someone whose wit is of great renown.

 FDR's Four Freedoms are not the same as the FSF's.

In the future days which we seek to make secure, we look forward
to a world founded upon four essential human freedoms. 

The first is freedom of speech and expression--everywhere in the
world.
  
The second is freedom of every person to worship God in his own
way--everywhere in the world.
  
The third is freedom from want, which, translated into world
terms, means economic understandings which will secure to every
nation a healthy peacetime life for its inhabitants --everywhere
in the world.
  
The fourth is freedom from fear, which, translated into world
terms, means a world-wide reduction of armaments to such a point
and in such a thorough fashion that no nation will be in a
position to commit an act of physical aggression against any
neighbor --anywhere in the wold. That is no vision of a distant
millennium.  It is a definite basis for a kind of world attainable
in our own time and generation.  That kind of world is the very
antithesis of the so-called new order of tyranny which the
dictators seek to create with the crash of a bomb.[1]



Don Armstrong

1: FDR's Four Freedoms Speach
   http://www.libertynet.org/~edcivic/fdr.html
-- 
Junkies were all knitted together in a loose global macrame, the
intercontinental freemasonry of narcotics.

-- Bruce Sterling, _Holy Fire_ p257

http://www.donarmstrong.com
http://www.anylevel.com
http://rzlab.ucr.edu


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Re: [Discussioni] OSD DFSG convergence

2003-03-04 Thread Russell Nelson
Glenn Maynard writes:
  On Sun, Mar 02, 2003 at 11:38:52AM -0800, Thomas Bushnell, BSG wrote:
And then they insist that their software MUST go into Debian.  If
you refuse, they will sue you for reliance (they created this
software for this express purpose of putting it into Debian, relying
on the DFSG to mean what it says, not what you say it says.  You
will harm their business if you refuse to go by the plain meaning of
the DFSG).
   
   Debian has never promised to anyone, ever, that we will put their
   software in Debian if it meets the DFSG.  We can, and do, exercise
   many other tests to exclude software, not just the DFSG.
  
  Russell has been told exactly this several times.  He is choosing not to
  listen, and offers no counterarguments to this fact nor further arguments
  to support his position.
  
  (Why do people seem to believe that repeating the same thing several times
  makes it more true, and ignoring others' arguments makes them less true?)

Why do some people think it's productive to reply to stale email that
is no longer a current topic of conversation?  [ Thomas, feel free to
reply at this point. ]

If you notice, I have actually *listened* to you (gasp!!!) and have
dropped that line of argumentation.

To anybody who think I'm being insincere, or duplicitious, or not
listening to you, or impervious to facts, I offer a hearty fuck you,
fuck off, and fuck yourself.  I will cheerfully admit to being wrong
when I've been convinced of such, and if I feel an apology is
deserved, will offer one.  On the other hand, if you think that you
can convince me simply by giving me the benefit of your charming
repartee, rapier-sharp wit, or brilliant thought, guess again.

-- 
-russ nelson  http://russnelson.com | A government does enough
Crynwr sells support for free software  | PGPok | wrong to offset what it
521 Pleasant Valley Rd. | +1 315 268 1925 voice | does right.  Better that
Potsdam, NY 13676-3213  | +1 315 268 9201 FAX   | it should do less.



Re: [Discussioni] OSD DFSG convergence

2003-03-04 Thread Glenn Maynard
On Tue, Mar 04, 2003 at 10:36:21PM -0500, Russell Nelson wrote:
 Why do some people think it's productive to reply to stale email that
 is no longer a current topic of conversation?  [ Thomas, feel free to
 reply at this point. ]

The response you are quoting was made on the same day I received the
message it replies to.  (There may have been SMTP queuing lag, of
course; I've had some of my own mails to Debian lists take a few hours
to get back to me over the last week or so.)

(The rest of this message doesn't warrant a response.)

-- 
Glenn Maynard



Re: [Discussioni] OSD DFSG convergence

2003-03-02 Thread Thomas Bushnell, BSG
Russell Nelson [EMAIL PROTECTED] writes:

 I've no doubt.  Still, where in the DFSG does it say that you can have 
 unlicensed software (even if it's public-domain) in Debian?

It doesn't need to.

 I'm not trying to be obstreperous, or cause trouble.  I'm trying to
 point out that you're applying the DFSG in an arbitrary manner.  We
 can't do that at OSI, so we need the OSD to cover these cases.  If
 there is to be one document describing free and open software, it has
 to cover those cases.

You may not have understood how the DFSG is applied, but we have been
remarkably consistent about it.  



Re: [Discussioni] OSD DFSG convergence

2003-03-02 Thread Thomas Bushnell, BSG
Russell Nelson [EMAIL PROTECTED] writes:

 The DFSG has a problem.  It fails to admit that there is unlicensed
 software which belongs in Debian.  Rather than amend it, you're
 interpreting its ambiguity to mean what you want.  That's fine, but
 what do you do when someone comes along and interprets its ambiguity
 to mean what *they* want? 

No problem.  If they are a Debian developer, we explain better how we
decide things.  debian-legal is an excellent tool for this.

 And then they insist that their software MUST go into Debian.  If
 you refuse, they will sue you for reliance (they created this
 software for this express purpose of putting it into Debian, relying
 on the DFSG to mean what it says, not what you say it says.  You
 will harm their business if you refuse to go by the plain meaning of
 the DFSG).

Debian has never promised to anyone, ever, that we will put their
software in Debian if it meets the DFSG.  We can, and do, exercise
many other tests to exclude software, not just the DFSG.



Re: [Discussioni] OSD DFSG convergence

2003-01-30 Thread Sam Hartman
 Henning == Henning Makholm [EMAIL PROTECTED] writes:

Henning Scripsit Russell Nelson [EMAIL PROTECTED]
 This seems to be a sticking point with a lot of people.
 Essentially, everyone seems to be defending their right to
 arbitrarily exclude software from Debian.  But that is a right
 you don't have.

Henning We sure do have. Debian is a volunteer organzation that
Henning basically do thing for our own sake (namely, for having
Henning part of the good karma it earns to produce a good free
Henning OS).

Henning If we, as a project, decide to pull out, say, GNU Emacs,
Henning from Debian because one of its C source files has an MD5
Henning sum that happens to be JESUS LIVES! in EBCDIC spelled
Henning backwards and we don't want to force evangelization on
Henning non-Cristian users, exactly zero people outside the
Henning project will have any way to hold us accountable for that
Henning decision.

Our priorities are our users and free software.  If you as a Debian
developer make a decision that is inconsistent with those priorities
then I would certainly feel empowered to try and hold youaccountable
for that decision.




Re: [Discussioni] OSD DFSG convergence

2003-01-30 Thread Sam Hartman
 John == John Goerzen [EMAIL PROTECTED] writes:

John On Tue, Jan 28, 2003 at 11:02:23AM -0500, Russell Nelson
John wrote:
  But what you actually seem to say is: We have these two
 documents that  except for a few places are identical; please
 make a lot of changes to  yours so that we can have them
 converge.  That doesn't make much  sense to me,
 
 Would you rather have the current state of affairs, where one
 group of free software developers says the RPSL is a free
 software license, and another says it's not a free software
 license?  I can't imagine anybody would think that's a good
 thing.

John And yet every proposal you put forth is Debian must become
John more like OSI and the DFSG must become more like OSD.  I
John for one am glad that RPSL-licensed software is not in
John Debian, and would resist measures that would lead to a
John weakening of our Free Software standards.

No, he actually seems to be asking for us to clarify the DFSG.  He'd
probably be happier if we clarified the DFSG to explain what we mean
even if it ended up disagreeing with the OSI on all future licenses
than if it was unclear.

OK, perhaps not going that far, but other than the costs of doing so,
being more clear in and of itself seems like a good idea.



Re: [Discussioni] OSD DFSG convergence

2003-01-30 Thread David Turner
On Wed, 2003-01-29 at 11:59, Steve Greenland wrote:
 On 29-Jan-03, 00:47 (CST), Russell Nelson [EMAIL PROTECTED] wrote: 
  John Goerzen writes:
  Besides which, you are but one person.  You do not get to say what the
  consensus is on the RPSL.  Given that I, one member of debian-legal,
  say one thing, and you, one member of debian-legal, say another thing,
  it seems that 1) we don't have a consensus, 
 
 I don't think that word means what you think it means. Consensus is
 not universal agreement. A single dissenter does not break consensus.

Actually, IIRC, Russell Nelson is a Quaker -- a member of the Religious
Society of Friends.  In Quaker circles, consensus means unanimous
agreement -- a single dissent does block consensus.  Thus, it's
considered very important to only block concensus when your conscience
demands it -- not frivilously.  At least, this is what I learned at a
Quaker school in Philadelphia -- but IANAQ.

I think this definition is actually useful.  But whether it should be
adopted depends on whether members of the list understand how to live in
a consensus-based society -- when to block concensus, and when not to.



-- 
-Dave Turner Stalk Me: 617 441 0668

On matters of style, swim with the current, on matters 
of principle, stand like a rock. -Thomas Jefferson



Re: [Discussioni] OSD DFSG convergence

2003-01-29 Thread John Goerzen
On Wed, Jan 29, 2003 at 12:22:33AM -0500, Russell Nelson wrote:
 I'm on the mailing list, there's no need to CC me.
 
 John Goerzen writes:
   And yet every proposal you put forth is Debian must become more like OSI
   and the DFSG must become more like OSD.
 
 ... and the OSD must become more like the DFSG, and proposed open
 source licenses should be run past debian-legal.  I'm not proposing
 unilateral action on anybody's part.  I'm prepared to compromise (or
 rather, to recommend compromise to my board of directors).  Are you?

I am NOT prepared to compromise Debian's high Free Software standards.  I am
NOT prepared to accept RPSL-licensed software into Debian.  In this case,
compromise seems to me merely a word for cave-in.

I have no prima facie opposition to clarifying points of the DFSG based on
important case history from debian-legal; however, I would rather see this
as a DFSG companion rather than an amendment to the DFSG itself.

   I for one am glad that RPSL-licensed software is not in Debian, and
 
 Why?  The sole objections that I can see from debian-legal archives
 refer to text which has been changed in the final OSI-approved license.

My objections referred to the text as posted on your website under the
approved section as of... about two days ago.

-- John



Re: [Discussioni] OSD DFSG convergence

2003-01-29 Thread Russell Nelson
John Goerzen writes:
  On Wed, Jan 29, 2003 at 12:22:33AM -0500, Russell Nelson wrote:
   I'm on the mailing list, there's no need to CC me.
   
   John Goerzen writes:
 And yet every proposal you put forth is Debian must become more like 
   OSI
 and the DFSG must become more like OSD.
   
   ... and the OSD must become more like the DFSG, and proposed open
   source licenses should be run past debian-legal.  I'm not proposing
   unilateral action on anybody's part.  I'm prepared to compromise (or
   rather, to recommend compromise to my board of directors).  Are you?
  
  I am NOT prepared to compromise Debian's high Free Software standards.  I am
  NOT prepared to accept RPSL-licensed software into Debian.  In this case,
  compromise seems to me merely a word for cave-in.

Of course.  You cave-in on some things, we cave-in on others.  Or
don't you understand what compromise means?  Compromise means that you 
give up on some things in order to get something else you want more.

Again, I must say that if the consensus of the debian-legal list is
that there is no need to change the DFSG, then we have no basis for
discussion.  There cannot be convergence unless the DFSG changes!

  I have no prima facie opposition to clarifying points of the DFSG based on
  important case history from debian-legal; however, I would rather see this
  as a DFSG companion rather than an amendment to the DFSG itself.

Why?  What purpose would it serve, when that document would have equal
authority to the DFSG?  Why not amend the DFSG (modulo the fact that
it's hard work)?

 I for one am glad that RPSL-licensed software is not in Debian, and
   
   Why?  The sole objections that I can see from debian-legal archives
   refer to text which has been changed in the final OSI-approved license.
  
  My objections referred to the text as posted on your website under the
  approved section as of... about two days ago.

Huh?  But your objection was bogus.  DFSG-free is DFSG-free even if a
given set of people have more freedom.  I could say, in the Russ
Nelson license, Everybody can distribute this software.  If you
change the software, you must change the name, unless you're Russ
Nelson, in which case you don't have to change the name.  Would you
object to such a license?  (Hint: it is approximately the Apache
license.)

Besides which, you are but one person.  You do not get to say what the
consensus is on the RPSL.  Given that I, one member of debian-legal,
say one thing, and you, one member of debian-legal, say another thing,
it seems that 1) we don't have a consensus, and 2) in any case, two of
many is never consensus even if we agreed with each other.

-- 
-russ nelson  http://russnelson.com | You get prosperity when
Crynwr sells support for free software  | PGPok | the government does less,
521 Pleasant Valley Rd. | +1 315 268 1925 voice | not when the government
Potsdam, NY 13676-3213  | +1 315 268 9201 FAX   | does something right.



Re: [Discussioni] OSD DFSG convergence

2003-01-29 Thread Lynn Winebarger
On Wednesday 29 January 2003 01:47, Russell Nelson wrote:
 Of course.  You cave-in on some things, we cave-in on others.  Or
 don't you understand what compromise means?  Compromise means that you 
 give up on some things in order to get something else you want more.
 
 Yes! Now you have to supply what something else you want more is
for the Debian developers.  You made clear in the first email what the
OSI would perceive as a benefit.  Now you have to come up with a reason
Debian developers will go for.  The 2 groups have different reasons for
being, after all.
Otherwise, we're in for more wheel spinning.

Lynn



Re: [Discussioni] OSD DFSG convergence

2003-01-29 Thread Steve Greenland
On 29-Jan-03, 00:47 (CST), Russell Nelson [EMAIL PROTECTED] wrote: 
 John Goerzen writes:
 Besides which, you are but one person.  You do not get to say what the
 consensus is on the RPSL.  Given that I, one member of debian-legal,
 say one thing, and you, one member of debian-legal, say another thing,
 it seems that 1) we don't have a consensus, 

I don't think that word means what you think it means. Consensus is
not universal agreement. A single dissenter does not break consensus.

 and 2) in any case, two of many is never consensus even if we agreed
 with each other.

We probably have consensus on that point.

Steve

-- 
Steve Greenland

The irony is that Bill Gates claims to be making a stable operating
system and Linus Torvalds claims to be trying to take over the
world.   -- seen on the net



Re: [Discussioni] OSD DFSG convergence

2003-01-29 Thread Steve Langasek
On Wed, Jan 29, 2003 at 01:47:11AM -0500, Russell Nelson wrote:

 ... and the OSD must become more like the DFSG, and proposed open
 source licenses should be run past debian-legal.  I'm not proposing
 unilateral action on anybody's part.  I'm prepared to compromise (or
 rather, to recommend compromise to my board of directors).  Are you?

 I am NOT prepared to compromise Debian's high Free Software standards.  I am
 NOT prepared to accept RPSL-licensed software into Debian.  In this case,
 compromise seems to me merely a word for cave-in.

 Of course.  You cave-in on some things, we cave-in on others.  Or
 don't you understand what compromise means?  Compromise means that you 
 give up on some things in order to get something else you want more.

And this, really, seems to be the sticking point.  Yes, the DFSG could
stand to be improved; but I don't understand how these improvements will
help, vis à vis the OSI.  We do a lot of work to improve the DFSG, which
though imperfect, seems to do its job ok as far as the people on this
list are concerned; and as a result, we get... a slightly clearer
document that still delineates the outer, not inner, bound of the main
archive, that is still interpreted by humans.  Is that all we get?  

What would the benefits to the greater community be if the DFSG were more
like the OSD?

-- 
Steve Langasek
postmodern programmer


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Re: [Discussioni] OSD DFSG convergence

2003-01-29 Thread Russell Nelson
Steve Langasek writes:
  What would the benefits to the greater community be if the DFSG were more
  like the OSD?

Let me rephrase what you said.  I want to be clear that I expect
Debian to change the DFSG, and OSI to change the OSD.  Both documents
can be improved, but they should be improved to be the same thing.

  What would the benefits to the greater community be if the DFSG and 
  the OSD were more alike?

1) Surely you've seen the Monty Python movie Life of Brian, where
the People's Front of Judea and the Judean People's Front are
constantly at loggerheads?  While the real power are the Romans, of
course.  I needn't elaborate.

2) Besides that, there are at least four definitions of free
software: the OSD, the DFSG, the DFSG as interpreted by debian-legal, 
and RMS's definition.  Suppose someone wants to join this community of 
software developers.  Which community does he join?  By joining one,
does he join all?  Confusion isn't good for us.

3) NOBODY is served well by a split (which I don't think has actually
occurred, but the potential alarms people) wherein the corporate
entities choose the OSD, and software developers choose from the list
of alternatives above.

-- 
-russ nelson  http://russnelson.com | You get prosperity when
Crynwr sells support for free software  | PGPok | the government does less,
521 Pleasant Valley Rd. | +1 315 268 1925 voice | not when the government
Potsdam, NY 13676-3213  | +1 315 268 9201 FAX   | does something right.



Re: [Discussioni] OSD DFSG convergence

2003-01-29 Thread Richard Braakman
On Wed, Jan 29, 2003 at 12:49:54PM -0500, Russell Nelson wrote:
 2) Besides that, there are at least four definitions of free
 software: the OSD, the DFSG, the DFSG as interpreted by debian-legal, 
 and RMS's definition.

This seems to be the root of the issue: the DFSG is _not_ a definition.
It is a set of guidelines.  Guidelines are only meaningful when they
are applied (which is not the same as interpreting them), and as far 
as I know Debian is the only entity currently applying these guidelines.
So there is no the DFSG separate from the DFSG as interpreted by
debian-legal, and neither of those is a definition anyway.

You keep trying to treat the DFSG as a definition, probably out of
habit from working with the OSD.  That's simply not going to work.
If you want a meeting of minds here, then you'll have to address
this fundamental difference.

I'll try to give it a start:

Do you think that Debian _should_ move from using guidelines to
using a definition?
If so, what's the benefit?  Do you understand the risks we see, and
do you have an answer for those?
If not, then what kind of convergence do you have in mind?  Same
text, different application?  Some kind of hybrid between the two
approaches?

What does the OSI currently do with licenses that meet the OSD
but are egregiously non-free?  (As a practical example, I don't
see anything in the OSD that would rule out a license that expires
at a certain date.)

Richard Braakman



Re: [Discussioni] OSD DFSG convergence

2003-01-29 Thread Mark Rafn
On Wed, 29 Jan 2003, Russell Nelson wrote:

 1) Surely you've seen the Monty Python movie Life of Brian, where
 the People's Front of Judea and the Judean People's Front are
 constantly at loggerheads?  While the real power are the Romans, of
 course.  I needn't elaborate.

Perhaps I'm dense, or perhaps you do need to elaborate.  Debian and OSI 
can certainly work together and agree on many things even if these 
documents differ.  As far as I can tell, we're rarely at loggerheads.

If there are disagreements that are causing pain to OSI, Debian, or other
groups, let's talk about those specific problems and see if we can resolve
them.  Starting out by trying to change constitutions is a pretty wild
leap.

 2) Besides that, there are at least four definitions of free
 software: the OSD, the DFSG, the DFSG as interpreted by debian-legal, 
 and RMS's definition.

Of that list, only 1 claims to be a definition.  In reality, there are 
thousands of opinions about what constitutes freedom.  

 Suppose someone wants to join this community of 
 software developers.  Which community does he join?  By joining one,
 does he join all? 

Of course not, communities don't work that way.  He joins whatever 
community(ies) he wants to.  Communities are interconnected, so he 
probably gets introduced to many additional communities that he can join.

There is no free software community.  There's probably no Debian 
community, though there are various connected communities within Debian.  

 Confusion isn't good for us.

This phrase has no content.  Confusion is better than being ignored or 
forced into something, and worse than having everyone agree with us (for 
various us-es).

 3) NOBODY is served well by a split (which I don't think has actually
 occurred, but the potential alarms people) wherein the corporate
 entities choose the OSD, and software developers choose from the list
 of alternatives above.

There is no community of corporate entities either.  Each individual 
corporation gets to choose it's criteria for distributing software.  As 
has been shown, they tend not to like to use existing licenses, so 
each one has to be judged seperately.

If you want to do some real good for the corporate community, come up
with a set of licenses that netscape, ibm, apple, etc. agree to use and
both OSI and Debian agree is unambiguously free.  Then (like now), it
won't matter if our critera have different words and different processes
for determination.
--
Mark Rafn[EMAIL PROTECTED]http://www.dagon.net/  



Re: [Discussioni] OSD DFSG convergence

2003-01-28 Thread Russell Nelson
Mark Rafn writes:
  I _DO_ object to changing it's use to be a binding definition
  rather than a set of guidelines.

This seems to be a sticking point with a lot of people.  Essentially,
everyone seems to be defending their right to arbitrarily exclude
software from Debian.  But that is a right you don't have.  If you
think that you have arbitrarily excluded software, think back on why
you have been successful in doing so.  Undoubtedly you pointed to the
DFSG or to case law, or else you made a new precedent.  But when you
make a new precedent, you have to say exactly why, and justify it.
Well... what is wrong with amending the DFSG so it incorporates the
case law?  Because it's hard?  Shit, coding is *hard* and we do it
anyway.  Because you think people will reject the change?  But the
change has already taken effect operationally.  It seems to me rather
that the membership would *want* to change the DFSG, if only so as to
keep the subset of Debian which is debian-legal in check.

-- 
-russ nelson  http://russnelson.com | You get prosperity when
Crynwr sells support for free software  | PGPok | the government does less,
521 Pleasant Valley Rd. | +1 315 268 1925 voice | not when the government
Potsdam, NY 13676-3213  | +1 315 268 9201 FAX   | does something right.



Re: [Discussioni] OSD DFSG convergence

2003-01-28 Thread Anthony Towns
On Mon, Jan 27, 2003 at 08:58:05AM -0500, Russell Nelson wrote:
 I'm not trying to be obstreperous, or cause trouble.  I'm trying to
 point out that you're applying the DFSG in an arbitrary manner. 

Yes; that's why the DFSG is the Debian Free Software _Guidelines_. It's
written to require intelligent interpretation, and doesn't cover all
cases.  That's by design -- we tried a couple of times to formalise it
more a while ago, but basically decided not to, largely on the presumption
that we don't know everything and are thus probably better off waiting
'til we know what issues come up, before trying to address them. The
DFSG is the basis for all this, but it's not completely definitive,
by any means.

 We can't do that at OSI, so we need the OSD to cover these cases.

That's your choice. IIRC, you'll find a bunch of people expressing
concern about OSI converting our guidelines into a definition if
you look through various list archives around that time.

HTH.

Cheers,
aj

-- 
Anthony Towns [EMAIL PROTECTED] http://azure.humbug.org.au/~aj/
I don't speak for anyone save myself. GPG signed mail preferred.

``Australian Linux Lovefest Heads West''
   -- linux.conf.au, Perth W.A., 22nd-25th January 2003


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Description: PGP signature


Re: [Discussioni] OSD DFSG convergence

2003-01-28 Thread Steve Greenland
On 27-Jan-03, 23:49 (CST), Russell Nelson [EMAIL PROTECTED] wrote: 
 Undoubtedly you pointed to the
 DFSG or to case law, or else you made a new precedent.  But when you
 make a new precedent, you have to say exactly why, and justify it.
 Well... what is wrong with amending the DFSG so it incorporates the
 case law?  

For the same reason that US Federal law is not amended and made more
detailed every time a federal court makes a decision: because it would
shortly become (even more) unwieldy and unreadable. Previous court
decisions are published and are used every day to guide and influence
decisions to made. That the whole point of case law. Our case law is the
archive of debian-legal.

Now, sometimes the case law is unclear, and there are ongoing problems
related to the lack of clarity, and then laws are added, amended,
or repealed to make clear the will and intent of the lawmakers and
society[1]. So far, that hasn't happened with the DFSG. Maybe it
should. But I don't think that copying the OSD and saying here's your
checklist is going to work for us. A lot of what the DFSG is about is
in the spirit of freedom guidelines, because we want the freedom (you
would say arbitrariness) to reject licenses that meet the letter of
the document but grossly violate the spirit of it. This whole discussion
comes down to the fact that you think this idea is a problem, and we[2]
don't.

Steve

[1] Or corporations and lobbyists, depending on your level of cynicism.

[2] We, many of the Debian developers, but almost certainly not all.

-- 
Steve Greenland

The irony is that Bill Gates claims to be making a stable operating
system and Linus Torvalds claims to be trying to take over the
world.   -- seen on the net



Re: [Discussioni] OSD DFSG convergence

2003-01-28 Thread Steve Greenland
On 27-Jan-03, 12:57 (CST), Russell Nelson [EMAIL PROTECTED] wrote: 
 Henning Makholm writes:
Yes.  I want there to be one and only one definition and set of
guidelines.  Why do you want two?
   
   We don't want two, we have only one.
 
 You seem uninterested in compromise.  I hope you do not carry the day.

You seem to be defining compromise as Converting the DFSG to the
OSD. Why can't compromise be Each group having its own document that
suits the purposes of the group? Our groups have different goals,
different priorities, and different personalities, if you will. We've
never[1] claimed that the DFSG serves any other use than providing
Debian with a rough working definition of free software, for the
purpose of determining whether or not a particular program can be in
Debian. That it has gain widespread acceptance is a tribute to the fact
that it is a fairly short list of fairly clear requirements[2]. Tarting
it up in legalese and detail isn't going to make it any shorter or
clearer.

Steve

[1] I'd guess that somewhere, sometime, some member of Debian has made
other claims about it.

[2] Also, that it wasn't written by RMS, although he defined basically
the same things ~20 years ago.

-- 
Steve Greenland

The irony is that Bill Gates claims to be making a stable operating
system and Linus Torvalds claims to be trying to take over the
world.   -- seen on the net



Re: [Discussioni] OSD DFSG convergence

2003-01-28 Thread Henning Makholm
Scripsit Russell Nelson [EMAIL PROTECTED]

 This seems to be a sticking point with a lot of people.  Essentially,
 everyone seems to be defending their right to arbitrarily exclude
 software from Debian.  But that is a right you don't have.

We sure do have. Debian is a volunteer organzation that basically do
thing for our own sake (namely, for having part of the good karma it
earns to produce a good free OS).

If we, as a project, decide to pull out, say, GNU Emacs, from Debian
because one of its C source files has an MD5 sum that happens to be
JESUS LIVES! in EBCDIC spelled backwards and we don't want to force
evangelization on non-Cristian users, exactly zero people outside the
project will have any way to hold us accountable for that decision.

The only thing we're accountable to is our own idea of our user's
needs, and what we've promised the users. That's what the DFSG is: We
promise our users that, to the best of our ability, we'll strive not
to include any software that doesn't have the freedoms we think free
software should have. We've written down the DFSG so that users will
have an idea what we're promising them, and also to remind ourselves
what it was that we promised.

However, the *only* ill that could befall Debian for arbitrarily
excluding something is that some of our users will be disappointed with
not having it, and that they will start using another OS if it
disappoints them enough. Nobody can sue us for not including their
favorite software. Nobody can sue us for not including software they
wrote. It's a decision that lies with us, and if we were to choose to
make our decisions by tossing dice, the world's sole remedy would be
to ignore us.

(Of course we do incur some liability when we choose to do distribute
something, because we need to have the copyright holder's permission
to do so. But that is another matter).

 Well... what is wrong with amending the DFSG so it incorporates the
 case law? Because it's hard?  Shit, coding is *hard* and we do it
 anyway.

There's nothing *wrong* per se with making the DFSG more explicit (as
long as nobody begins to claim it to be an objective touchstone that
does not require judgement in applying it). However, being nothing
wrong with is not always a sufficient reason to do something.

I don't know you, but I assume you wouldn't have made it to the OSI
board without quite some experience with the social dynamics of the
free software movement. Therefore is puzzles me that you apparently
don't see the enormity of what you're asking.

Just logistically, changing the DFSG is not a simple matter. It is not
enough simply to reach a consensus on a new wording on debian-legal
(which probably would be possible). In order to be accepted as the new
DFSG by the whole Debian community would require at least a vote among
all developers. In fact, as there is not even a procedure in place for
changing the Social Contract (of which the DFSG are part), multiple
votes would be needed, the first ones to decide how and why the later
ones can have force. A lot of people will oppose those procedural
changes on principle, not because they have anything against the
concrete clarifications proposed, but because they fear that the mere
precedent of amending the DFSG will open the door for other changes
they don't want (say, relating to the treatment of non-programs in
relation to the DFSG). There will be a major flamewar, likely lasting
months, before things settle down.

So if someone were to set out amending the DFSG, that someone would
need to be a rather senior and respected member of the Debian
community, or he'd not have a snowball's chance in hell of succeeding.
Even then, he'd *also* have to commit himself to using several hundred
hours of his time to waging the necessary flamewars. Time that could
have been used for coding things that would actually be helpful for
users.

Now you come and demand (no, suggesting politely) that one of us takes
that much trouble upon himself to do that. What one asks oneself then,
is: Why should I? Just because you ask nicely? Or because it will
solve some problem that has been costing, or is likely to cost, the
project actual griveance? The former is (apparently!) not going to
impress anyone, and as for the latter we're not convinced it's
true. Remember, we're the people in the line of fire, we're the ones
who know from actual experience how much or little hassle it is to
explain to upstream authors and developers how to read correctly
between the lines of the current text.

It seems that most of the debian-legal regulars have decided for
themselves that, sure there are things that might be said clearer, but
it's not broken enough to turn the Constitution upside down to fix it.


I suspect your real agenda is something like: The OSD is not
unambiguous enough for the purposes the OSI is putting it to, so you
want our help in fixing it. If you had come to us and said, please
help us make the OSD better, I suspect you'd have gotten 

Re: [Discussioni] OSD DFSG convergence

2003-01-28 Thread Russell Nelson
Why are you CC'ing me when the Debian list policy is not to?

Henning Makholm writes:
  Scripsit Russell Nelson [EMAIL PROTECTED]
  
   This seems to be a sticking point with a lot of people.  Essentially,
   everyone seems to be defending their right to arbitrarily exclude
   software from Debian.  But that is a right you don't have.
  
  We sure do have.

No, you don't.  You go on to say:

  However, the *only* ill that could befall Debian for arbitrarily
  excluding something is that some of our users will be disappointed with
  not having it, and that they will start using another OS if it
  disappoints them enough.

You agree with me, I see.

  Nobody can sue us for not including their favorite software. Nobody
  can sue us for not including software they wrote.

Guess what, Henning: anybody can sue anybody for anything anytime
anywhere (where anywhere is defined as any free country).

   Well... what is wrong with amending the DFSG so it incorporates the
   case law? Because it's hard?  Shit, coding is *hard* and we do it
   anyway.
  
  There's nothing *wrong* per se with making the DFSG more explicit (as
  long as nobody begins to claim it to be an objective touchstone that
  does not require judgement in applying it).

I don't think anybody claims that.

  Just logistically, changing the DFSG is not a simple matter.

Neither is changing the OSD, yet we've managed to do it.

  So if someone were to set out amending the DFSG, that someone would
  need to be a rather senior and respected member of the Debian
  community, or he'd not have a snowball's chance in hell of succeeding.

I expect I could get bdale on board, and the entire board of SPI.  If
they don't want to do it, there's no point in proceeding.

  It seems that most of the debian-legal regulars have decided for
  themselves that, sure there are things that might be said clearer, but
  it's not broken enough to turn the Constitution upside down to fix it.

And yet, you're doing that right now.  One cannot rely on the language 
of the DFSG to decide if something is DFSG-free.  One must apply to an
elite cabal of Debian members who are completely unaccountable and
may decide anything they wish.  (Assuming of course that you're
correct about your ability to be arbitrary, which I contend you are
not).

And you think that's not a broken process?

  I suspect your real agenda is something like: The OSD is not
  unambiguous enough for the purposes the OSI is putting it to, so you
  want our help in fixing it. If you had come to us and said, please
  help us make the OSD better,

I am willing to see the OSD change to achieve convergence.  I am NOT
willing to NOT see the DFSG change to achieve convergence.

  But what you actually seem to say is: We have these two documents that
  except for a few places are identical; please make a lot of changes to
  yours so that we can have them converge.  That doesn't make much
  sense to me,

Would you rather have the current state of affairs, where one group of 
free software developers says the RPSL is a free software license, and 
another says it's not a free software license?  I can't imagine
anybody would think that's a good thing.

-- 
-russ nelson  http://russnelson.com | You get prosperity when
Crynwr sells support for free software  | PGPok | the government does less,
521 Pleasant Valley Rd. | +1 315 268 1925 voice | not when the government
Potsdam, NY 13676-3213  | +1 315 268 9201 FAX   | does something right.



Re: [Discussioni] OSD DFSG convergence

2003-01-28 Thread Lukas Geyer
Russell Nelson [EMAIL PROTECTED] writes:

 Henning Makholm writes:
   Scripsit Russell Nelson [EMAIL PROTECTED]
   
This seems to be a sticking point with a lot of people.  Essentially,
everyone seems to be defending their right to arbitrarily exclude
software from Debian.  But that is a right you don't have.
   
   We sure do have.
 
 No, you don't. 

Care to elaborate? I don't like arbitrary exclusions but what prevents
us from doing so? (When you say right here, do you mean moral, legal
or what sort of right?)

   However, the *only* ill that could befall Debian for arbitrarily
   excluding something is that some of our users will be disappointed with
   not having it, and that they will start using another OS if it
   disappoints them enough.
 
 You agree with me, I see.

Please do not put words in other people's mouths. We have the right to
disappoint users and sometimes we have to. (Usually with some good
reason, though, like license or legal problems.)

   Nobody can sue us for not including their favorite software. Nobody
   can sue us for not including software they wrote.
 
 Guess what, Henning: anybody can sue anybody for anything anytime
 anywhere (where anywhere is defined as any free country).

Ever heard of the legal term frivolous? Of course I can sue Debian
to change their logo because I don't like it, or I can sue a certain
maintainer because he uploaded a package with compiler options I don't
like. Fortunately, judges would just laugh at this and dismiss it. So
please make your point more clear here.

   It seems that most of the debian-legal regulars have decided for
   themselves that, sure there are things that might be said clearer, but
   it's not broken enough to turn the Constitution upside down to fix it.
 
 And yet, you're doing that right now.  One cannot rely on the language 
 of the DFSG to decide if something is DFSG-free.  One must apply to an
 elite cabal of Debian members who are completely unaccountable and
 may decide anything they wish.  (Assuming of course that you're
 correct about your ability to be arbitrary, which I contend you are
 not).

The process is quite transparent, and discussion on -legal is not
confined to the cabal. (The final decision is a different matter...)

 And you think that's not a broken process?

No, it has its problems but it works quite well, and does not produce
arbitrary decisions.

   But what you actually seem to say is: We have these two documents that
   except for a few places are identical; please make a lot of changes to
   yours so that we can have them converge.  That doesn't make much
   sense to me,
 
 Would you rather have the current state of affairs, where one group of 
 free software developers says the RPSL is a free software license, and 
 another says it's not a free software license?  I can't imagine
 anybody would think that's a good thing.

Deal with it, the world is cruel. Furthermore, what about the third
group, the FSF? Now there are three different opinions about whether
something is free or not. What is so terrible about that?

Lukas

P.S.: I don't object to clarification of the DFSG at some points,
e.g. click-wrap licenses and such, maybe explicitly mentioning PD
etc. However, I consider this of relatively minor importance.

-- 
This is not a signature



Re: [Discussioni] OSD DFSG convergence

2003-01-28 Thread Mark Rafn
 Henning Makholm writes:
   It seems that most of the debian-legal regulars have decided for
   themselves that, sure there are things that might be said clearer, but
   it's not broken enough to turn the Constitution upside down to fix it.

On Tue, 28 Jan 2003, Russell Nelson wrote:
 And yet, you're doing that right now. 

No, we're not.  We're acknowledging that our guidelines are incomplete and 
living with that state.  That's clearly different than turning the 
constitution upside down.  

 One cannot rely on the language of the DFSG to decide if something is
 DFSG-free.  One must apply to an elite cabal of Debian members who are
 completely unaccountable and may decide anything they wish.

True.  

 And you think that's not a broken process?

I think it's not a broken process.  It could be improved, but it does what 
I, as a debian user, want it to do.  I get well-packaged software that I 
can trust is free.

 Would you rather have the current state of affairs, where one group of 
 free software developers says the RPSL is a free software license, and 
 another says it's not a free software license?  I can't imagine
 anybody would think that's a good thing.

I'd much rather see the current state of affairs than one where RPSL code 
is declared free just because there's no specific rule against it, even 
when a large group of developers thinks otherwise.

So, here we are.  If you approach it from a different standpoint (we have 
two processes for determining what's free, and both can be improved), 
there may be some benefits everyone can see.

Personally, I'd love to see a stronger OSD, with the loopholes and caveats
that come up closed when they're found.  If it works well, I expect Debian
will be more likely to use it as a template, or at least reference
document, when deciding if something is debian-free.

If I can help toward this end, please let me know.
--
Mark Rafn[EMAIL PROTECTED]http://www.dagon.net/  



Re: [Discussioni] OSD DFSG convergence

2003-01-28 Thread Steve Greenland
On 28-Jan-03, 10:02 (CST), Russell Nelson [EMAIL PROTECTED] wrote: 
   However, the *only* ill that could befall Debian for arbitrarily
   excluding something is that some of our users will be disappointed with
   not having it, and that they will start using another OS if it
   disappoints them enough.
 
 You agree with me, I see.

No, he *doesn't*. Either you can't read, or *I* can't read. You keep
making claims about vague legal liabilities that Debian will incur by
not packaging and distributing some piece of software.

 Guess what, Henning: anybody can sue anybody for anything anytime
 anywhere (where anywhere is defined as any free country).

True, but can they win? And even if they do, what are they going to get?
The most valuable thing we own is the name Debian, and I can guarantee
that if someone won it in a lawsuit, the value would instantly go to
zero, and the we'd simply crank up a new project, probably with less
trouble than the effort involved in modifying the DFSG.

And since anyone *can* file a lawsuit for pretty much anything they want
anytime they feel hurt, how does changing the DFSG help?

   So if someone were to set out amending the DFSG, that someone would
   need to be a rather senior and respected member of the Debian
   community, or he'd not have a snowball's chance in hell of succeeding.
 
 I expect I could get bdale on board, and the entire board of SPI.  If
 they don't want to do it, there's no point in proceeding.

Then why don't you go that, rather than wasting time here?

   It seems that most of the debian-legal regulars have decided for
   themselves that, sure there are things that might be said clearer, but
   it's not broken enough to turn the Constitution upside down to fix it.
 
 And yet, you're doing that right now.  One cannot rely on the language 
 of the DFSG to decide if something is DFSG-free.  One must apply to an
 elite cabal of Debian members who are completely unaccountable and
 may decide anything they wish.  (Assuming of course that you're
 correct about your ability to be arbitrary, which I contend you are
 not).
 
 And you think that's not a broken process?

TINC.  :-)

And no, I don't think it's broken. It's worked pretty well for a number
of years, even while the cabal has changed. Some authors have gone
away disappointed, but that's their choice.

 Would you rather have the current state of affairs, where one group of 
 free software developers says the RPSL is a free software license, and 
 another says it's not a free software license?  I can't imagine
 anybody would think that's a good thing.

I don't think it's a great thing, but I don't see it as a problem
either. Different companies and organizations have lots of different
opinions about many different things.

And why would changing the OSD and DFSG to be textually identical
change this? You yourself agreed that judgement and interpetation would
continue to be necessary; do you really believe that we'd agree on every
single borderline case? Or do you expect us to bow to your (OSI's)
judgement in what is free software? Sorry, you guys blew that chance a
long time ago. I'd much rather trust the regulars on debian-legal (aka
the elite cabal) than OSI. Hell, I rather turn the whole thing over to
RMS - he is, if nothing else, consistent.

Steve

-- 
Steve Greenland

The irony is that Bill Gates claims to be making a stable operating
system and Linus Torvalds claims to be trying to take over the
world.   -- seen on the net



Re: [Discussioni] OSD DFSG convergence

2003-01-28 Thread Lynn Winebarger
On Tuesday 28 January 2003 11:02, Russell Nelson wrote:
 And yet, you're doing that right now.  One cannot rely on the language 
 of the DFSG to decide if something is DFSG-free.  One must apply to an
 elite cabal of Debian members who are completely unaccountable and
 may decide anything they wish.  (Assuming of course that you're
 correct about your ability to be arbitrary, which I contend you are
 not).

Why do the senior developers on debian-legal constitute an elite cabal
who are completely unaccountable and the OSI board not?  Or, if the OSI
board does [constitute ...], why is it preferable to the folks in debian-legal?
Of course, you also have to identify to whom they accountable.  I suspect
debian-legal would prove accountable to the debian developers is they 
really became capricious.  How would OSI be accountable to those developers?

Lynn



Re: [Discussioni] OSD DFSG convergence

2003-01-28 Thread Terry Hancock
On Tuesday 28 January 2003 08:02 am, Russell Nelson wrote:
 Henning Makholm writes:
   Scripsit Russell Nelson [EMAIL PROTECTED]
This seems to be a sticking point with a lot of people.  Essentially,
everyone seems to be defending their right to arbitrarily exclude
software from Debian.  But that is a right you don't have.
   We sure do have.
 No, you don't.  

[quickly degenerating to yes it is!/no it isn't! I see ;-D]

But forced labor is considered slavery, and is specifically made illegal by 
an amendment to the US constitution. This point has been interpreted under US 
law to make many kinds of labor contracts illegal (e.g. there always has to 
be an alternate way out of the contract, even if payment has already been 
made).

Given that kind of precedent, the context for claiming that a non-profit 
group of volunteer laborers can be sued for not doing labor without pay seems 
to be illegal to the point of being laughable.  I don't think any court in 
the US would seriously pursue such a suit. 

At most, the court might be persuaded to take away some legal privilege of 
that organization. Are you claiming that Debian has such a privilege which 
can be meaningfully taken away?  If so, can you be specific? 

The case might be stronger if the outside party were prepared to incur all of 
the labor costs (coding, packaging, and distributing). But anyone can do that 
at any time if they like: Debian non-official packages are available at many 
sites, even for non-free packages.  So I don't think you can make any kind 
of claim under discrimination laws. Debian doesn't even distribute their 
disks -- they let other people do that, which leaves the way open for 
companies to produce their own derivitive versions.

Freedom of the press is for those who have one.

   I suspect your real agenda is something like: The OSD is not
   unambiguous enough for the purposes the OSI is putting it to, so you
   want our help in fixing it. If you had come to us and said, please
   help us make the OSD better,
 
 I am willing to see the OSD change to achieve convergence.  I am NOT
 willing to NOT see the DFSG change to achieve convergence.

Why does OSI want this?  Those who have posted seem to be saying that they 
don't see any compelling argument from Debian's side. Maybe, if you were able 
to show what your motivations are, it would help to sell the idea. 

Volunteers are liable to be extremely distrustful of a corporate type who 
seems to want *anything* really badly, but won't explain what they get out of 
it.  They tend to prefer the We love Bud because they pay us type of 
advertising, if you see what I mean.  IMHO, anyway. ;-D

I have a theory about why you want this, which may seem a bit cynical, but 
which goes like this:

If we get Debian to adopt OSD as the DFSG (even if this requires changes), 
and they are legally required to include any software released under the 
DFSG, then any 'OSI-approved' software will be legally required to be in 
Debian,  then we can offer 'automatic inclusion in Debian' as a carrot to 
corporate developers, thus further promoting 'open-source'  in Corporate 
America.

Aside from the fact that this would dump the legal responsibility for funding 
this (in kind) on Debian, I don't think it would be such a terrible goal.

However, I do not think that any such legal responsibility exists now, as I 
point out above, and I think that making it so would require a substantial 
commitment of funds (and not necessarily be a good thing).

Indeed, I think the only fair way to do it would be to create an OSI-funded 
derivitive of Debian, which takes on the extra responsibilities you want it 
to have.  If you had to *fund* this, though, I think you'd think twice about 
the guaranteed inclusion business, and hastily add a few dozen loopholes to 
squeeze yourself through. I know *I'd* be scared of it. ;-D

I'm speaking hypothetically of course -- but if this is not your reason, 
please clarify or imaginations will run wild. ;-D

On the other hand, taking Corporate America open-source is a goal I think a 
lot of developers might be sympathetic to.  I know I am.

   But what you actually seem to say is: We have these two documents that
   except for a few places are identical; please make a lot of changes to
   yours so that we can have them converge.  That doesn't make much
   sense to me,
 
 Would you rather have the current state of affairs, where one group of 
 free software developers says the RPSL is a free software license, and 
 another says it's not a free software license?  I can't imagine
 anybody would think that's a good thing.

Unfortunately, that argument could as easily mean you should adopt the DFSG 
*as* the OSD.

I may come off as being violently opposed to altering the DFSG, but of 
course, I'm not, and as an outsider, I don't think it's really my job to push 
or pull on the issue. But I think you're not really taking the right tack in 
arguing for a change.

Personally, 

Re: [Discussioni] OSD DFSG convergence

2003-01-28 Thread John Goerzen
On Tue, Jan 28, 2003 at 11:02:23AM -0500, Russell Nelson wrote:
   But what you actually seem to say is: We have these two documents that
   except for a few places are identical; please make a lot of changes to
   yours so that we can have them converge.  That doesn't make much
   sense to me,
 
 Would you rather have the current state of affairs, where one group of 
 free software developers says the RPSL is a free software license, and 
 another says it's not a free software license?  I can't imagine
 anybody would think that's a good thing.

And yet every proposal you put forth is Debian must become more like OSI
and the DFSG must become more like OSD.  I for one am glad that
RPSL-licensed software is not in Debian, and would resist measures that
would lead to a weakening of our Free Software standards.



Re: [Discussioni] OSD DFSG convergence

2003-01-28 Thread Russell Nelson
I'm on the mailing list, there's no need to CC me.

John Goerzen writes:
  And yet every proposal you put forth is Debian must become more like OSI
  and the DFSG must become more like OSD.

... and the OSD must become more like the DFSG, and proposed open
source licenses should be run past debian-legal.  I'm not proposing
unilateral action on anybody's part.  I'm prepared to compromise (or
rather, to recommend compromise to my board of directors).  Are you?

  I for one am glad that RPSL-licensed software is not in Debian, and

Why?  The sole objections that I can see from debian-legal archives
refer to text which has been changed in the final OSI-approved license.

-- 
-russ nelson  http://russnelson.com | You get prosperity when
Crynwr sells support for free software  | PGPok | the government does less,
521 Pleasant Valley Rd. | +1 315 268 1925 voice | not when the government
Potsdam, NY 13676-3213  | +1 315 268 9201 FAX   | does something right.



Re: [Discussioni] OSD DFSG convergence

2003-01-27 Thread Lo'oRiS il Kabukimono
[EMAIL PROTECTED], Nelson nelson@crynwr.com :

 and yet the DFSG does not admit the possibility of public-domain
 unlicensed software.

strange, because the game Abuse is public domain and is part of Debian...

+
[EMAIL PROTECTED]:~€ cat /usr/share/doc/abuse-frabs/copyright 
This package was debianized by Arto Jantunen [EMAIL PROTECTED] on
20 Apr 2001 15:56:17 +0300.

It was downloaded from http://www.cs.uidaho.edu/~cass0664/fRaBs

Upstream Author: Justin Cassidy [EMAIL PROTECTED]

Copyright:

  Public Domain
+

-- 
All the computers wait at the same speed
 . /\ °
Real Name: Lorenzo Petrone* 
WEB!!! http://lano.webhop.net  \/ ·



Re: [Discussioni] OSD DFSG convergence

2003-01-27 Thread Russell Nelson
Lo'oRiS il Kabukimono writes:
  [EMAIL PROTECTED], Nelson nelson@crynwr.com :
  
   and yet the DFSG does not admit the possibility of public-domain
   unlicensed software.
  
  strange, because the game Abuse is public domain and is part of Debian...

I've no doubt.  Still, where in the DFSG does it say that you can have 
unlicensed software (even if it's public-domain) in Debian?

I'm not trying to be obstreperous, or cause trouble.  I'm trying to
point out that you're applying the DFSG in an arbitrary manner.  We
can't do that at OSI, so we need the OSD to cover these cases.  If
there is to be one document describing free and open software, it has
to cover those cases.

-- 
-russ nelson  http://russnelson.com | You get prosperity when
Crynwr sells support for free software  | PGPok | the government does less,
521 Pleasant Valley Rd. | +1 315 268 1925 voice | not when the government
Potsdam, NY 13676-3213  | +1 315 268 9201 FAX   | does something right.



Re: [Discussioni] OSD DFSG convergence

2003-01-27 Thread Henning Makholm
Scripsit Russell Nelson [EMAIL PROTECTED]

 Still, where in the DFSG does it say that you can have 
 unlicensed software (even if it's public-domain) in Debian?

It says so everywhere: The only thing that DFSG speaks about is what
one *can't* have in Debain. Since none of those apply to
public-domain software, the latter can be in Debian. Simple, eh?

Another way of saying the same: The DFSG decribes which freedoms users
and redistibutors must have in order for the software to be in
Debian. Users and redistributors of public-domain software do have all
those freedoms.

 I'm not trying to be obstreperous, or cause trouble.  I'm trying to
 point out that you're applying the DFSG in an arbitrary manner.

If you want to believe it's arbitrary, go right ahead.

 We can't do that at OSI, so we need the OSD to cover these cases.

That's good for you, I suppose. Do you want Debian to do something
about that?

-- 
Henning Makholm Nemo enim fere saltat sobrius, nisi forte insanit.



Re: [Discussioni] OSD DFSG convergence

2003-01-27 Thread Russell Nelson
Henning Makholm writes:
  Scripsit Russell Nelson [EMAIL PROTECTED]
  
   Still, where in the DFSG does it say that you can have 
   unlicensed software (even if it's public-domain) in Debian?
  
  It says so everywhere: The only thing that DFSG speaks about is what
  one *can't* have in Debain. Since none of those apply to
  public-domain software, the latter can be in Debian. Simple, eh?

Foo on that.  The DFSG says The license must allow modifications and
derived works...  If it's public domain, there *is* no license.

The DFSG has a problem.  It fails to admit that there is unlicensed
software which belongs in Debian.  Rather than amend it, you're
interpreting its ambiguity to mean what you want.  That's fine, but
what do you do when someone comes along and interprets its ambiguity
to mean what *they* want?  And then they insist that their software
MUST go into Debian.  If you refuse, they will sue you for reliance
(they created this software for this express purpose of putting it
into Debian, relying on the DFSG to mean what it says, not what you
say it says.  You will harm their business if you refuse to go by the
plain meaning of the DFSG).

Maybe this hasn't happened yet.  Maybe Debian isn't popular enough in
the business community for it to happen.  Maybe it will NEVER be
popular enough in that community.  Maybe it would be better to head
them off at the pass and revise the DFSG.

I'm not in any way saying that you must or should adopt the OSD's
changes.  I'm saying that you should fix problems in the DFSG rather
than saying Well, if you interpret section X to mean that you can't
rely on a GUI, therefore no license can use click-wrap.

  Another way of saying the same: The DFSG decribes which freedoms users
  and redistibutors must have in order for the software to be in
  Debian. Users and redistributors of public-domain software do have all
  those freedoms.

The DFSG talks about licenses, not freedoms.  If you want it to talk
about freedoms, then it should talk about freedoms.

   We can't do that at OSI, so we need the OSD to cover these cases.
  
  That's good for you, I suppose. Do you want Debian to do something
  about that?

Yes.  I want there to be one and only one definition and set of
guidelines.  Why do you want two?  What purpose can be served by
having a difference?

-- 
-russ nelson  http://russnelson.com | You get prosperity when
Crynwr sells support for free software  | PGPok | the government does less,
521 Pleasant Valley Rd. | +1 315 268 1925 voice | not when the government
Potsdam, NY 13676-3213  | +1 315 268 9201 FAX   | does something right.



Re: [Discussioni] OSD DFSG convergence

2003-01-27 Thread Steve Langasek
On Mon, Jan 27, 2003 at 09:56:00AM -0500, Russell Nelson wrote:

 The DFSG has a problem.  It fails to admit that there is unlicensed
 software which belongs in Debian.  Rather than amend it, you're
 interpreting its ambiguity to mean what you want.  That's fine, but
 what do you do when someone comes along and interprets its ambiguity
 to mean what *they* want?  And then they insist that their software
 MUST go into Debian.  If you refuse, they will sue you for reliance
 (they created this software for this express purpose of putting it
 into Debian, relying on the DFSG to mean what it says, not what you
 say it says.  You will harm their business if you refuse to go by the
 plain meaning of the DFSG).

... Which would be complete and utter bullshit, because Debian has never
represented, *anywhere*, that it will package all software someone
releases under a DFSG-compliant license.  Anyone who would sue Debian for
such a reason is, prima facie, a litigious idiot who does not warrant
consideration when evaluating whether Debian is exposing itself to
lawsuits.

-- 
Steve Langasek
postmodern programmer


pgpga1VqAnHBP.pgp
Description: PGP signature


Re: [Discussioni] OSD DFSG convergence

2003-01-27 Thread Henning Makholm
Scripsit Russell Nelson [EMAIL PROTECTED]

 Foo on that.  The DFSG says The license must allow modifications and
 derived works...  If it's public domain, there *is* no license.

If it's public domain, the license is anyone can do whatever he wants
to it.

 The DFSG has a problem.

I think you have an understanding problem.

 It fails to admit that there is unlicensed software which belongs in
 Debian.

No it doesn't.

 That's fine, but what do you do when someone comes along and
 interprets its ambiguity to mean what *they* want?

We tell them that they are free to interpret the DFSG whatever way
they mean, but the interpretation that is going to be used for
deciding to reject a package on license grounds is the one of the
debian-legal consensus (or, failing to reach such a consensus, the
ftpmasters and eventually the project leader).

 And then they insist that their software MUST go into Debian.

Then we're going to get a good laugh.

 If you refuse, they will sue you for reliance

And once more.

 I'm saying that you should fix problems in the DFSG

You're inventing problems that aren't there. There are plenty of
other, real, problems to fix if anybody cares enough about them to
carry them through the flamefest any proposal to change so much as a
comma will cause.

 Yes.  I want there to be one and only one definition and set of
 guidelines.  Why do you want two?

We don't want two, we have only one.

-- 
Henning Makholm  Hører I. Kald dem sammen. Så mange som overhovedet
muligt. Jeg siger jer det her er ikke bare stort. Det er
 Stortstortstort. Det er allerhelvedes stort. Det er historiEN.



Re: [Discussioni] OSD DFSG convergence

2003-01-27 Thread Russell Nelson
Henning Makholm writes:
   Yes.  I want there to be one and only one definition and set of
   guidelines.  Why do you want two?
  
  We don't want two, we have only one.

You seem uninterested in compromise.  I hope you do not carry the day.

-- 
-russ nelson  http://russnelson.com | You get prosperity when
Crynwr sells support for free software  | PGPok | the government does less,
521 Pleasant Valley Rd. | +1 315 268 1925 voice | not when the government
Potsdam, NY 13676-3213  | +1 315 268 9201 FAX   | does something right.



Re: [Discussioni] OSD DFSG convergence

2003-01-27 Thread Russell Nelson
Steve Langasek writes:
  On Mon, Jan 27, 2003 at 09:56:00AM -0500, Russell Nelson wrote:
  
   what do you do when someone comes along and interprets its ambiguity
   to mean what *they* want?
  
  ... Which would be complete and utter bullshit, because Debian has never
  represented, *anywhere*, that it will package all software someone
  releases under a DFSG-compliant license.

Has Debian ever rejected software which complies with the DFSG?  If
you do something in practice, other parties could rely on that.  It's
just like the private road which is never closed to the public.  In
time, it *becomes* public.

  Anyone who would sue Debian for such a reason is, prima facie, a
  litigious idiot who does not warrant consideration when evaluating
  whether Debian is exposing itself to lawsuits.

I won't name names, but we (OSI) have been threatened with exactly
that scenario.  It is as I feared: the DFSG and OSD, although
originally the same documents, and nearly identical now, are being
used for two different and incompatible purposes.

So, are you totally against the idea of changing the DFSG even though
you probably can't find a single .deb on your machine that hasn't been 
touched in five years?  There seems to be a firm resistance to the
idea of changing the DFSG to reflect changing times.

-- 
-russ nelson  http://russnelson.com | You get prosperity when
Crynwr sells support for free software  | PGPok | the government does less,
521 Pleasant Valley Rd. | +1 315 268 1925 voice | not when the government
Potsdam, NY 13676-3213  | +1 315 268 9201 FAX   | does something right.



Re: [Discussioni] OSD DFSG convergence

2003-01-27 Thread Lars Wirzenius
ma, 27-01-2003 kello 22:09, Russell Nelson kirjoitti:
 Has Debian ever rejected software which complies with the DFSG?  If
 you do something in practice, other parties could rely on that.  It's
 just like the private road which is never closed to the public.  In
 time, it *becomes* public.

I don't know of any free software that has been rejected from Debian,
though my memory is what it's always been, bad. However, since every
time a package is added to Debian, it requires effort on the behalf of
individuals, if no individual wants to put in the effort, nothing
happens. I doubt that even such a lawer-happy society as the USA can
require people to put in such effort involuntarily.

If I brush off the snow from the stairs in my apartment building every
day, without compensation, and one day stop, no sane court is going to
require me to start doing it again.

(Sorry about the analogy.)

   Anyone who would sue Debian for such a reason is, prima facie, a
   litigious idiot who does not warrant consideration when evaluating
   whether Debian is exposing itself to lawsuits.
 
 I won't name names, but we (OSI) have been threatened with exactly
 that scenario.  It is as I feared: the DFSG and OSD, although
 originally the same documents, and nearly identical now, are being
 used for two different and incompatible purposes.

Like someone else already said, the OSD is a definition that others can
use to decide whether their license makes their software open source or
not. The DFSG is a set of guidelines, not quite a definition, that
*Debian* uses to decide whether something is acceptable to be added to
Debian or not.

 So, are you totally against the idea of changing the DFSG even though
 you probably can't find a single .deb on your machine that hasn't been 
 touched in five years?  There seems to be a firm resistance to the
 idea of changing the DFSG to reflect changing times.

If there are any real problems in the DFSG, I'm sure Debian developers
will change the DFSG to fix them. Debian is, however, governed by
flame-war-cum-consensus, so expect things to be quite hot in the mean
while. :)

(I haven't been convinced that the potential problems you've pointed out
so far are real problems, but it might be good to clarify the DFSG about
them anyway.)



Re: [Discussioni] OSD DFSG convergence

2003-01-27 Thread Mark Rafn

   On Mon, Jan 27, 2003 at 09:56:00AM -0500, Russell Nelson wrote:
what do you do when someone comes along and interprets its ambiguity
to mean what *they* want?

We patiently explain that DSFG are guidelines to Debian about what to 
include, not a litmus test for authors to use to skirt our requirement 
that Debian stays free.  Sometimes this results in an improved license, 
often it results in a flamewar.  So far it has not resulted in a lawsuit, 
nor do I think it likely to.

On Mon, 27 Jan 2003, Russell Nelson wrote:
 Has Debian ever rejected software which complies with the DFSG?  If
 you do something in practice, other parties could rely on that.  It's
 just like the private road which is never closed to the public.  In
 time, it *becomes* public.

Debian has rejected packages which the copyright holder believed complied 
with the DSFG.  We've rejected packages that appear to comply, but the 
copyright holder has an odd interpretation of its license.  There's 
certainly software not in Debian whose freedom is unquestioned.

 I won't name names, but we (OSI) have been threatened with exactly
 that scenario.  It is as I feared: the DFSG and OSD, although
 originally the same documents, and nearly identical now, are being
 used for two different and incompatible purposes.

It sounds that way.  I wish you well, but do not have high hopes, for you 
to come up with a true operational definition of free software.  Heh, and 
then folks will ask what about non-software things like documentation and 
images?  

 So, are you totally against the idea of changing the DFSG even though
 you probably can't find a single .deb on your machine that hasn't been 
 touched in five years?  There seems to be a firm resistance to the
 idea of changing the DFSG to reflect changing times.

Personally, I'm not against seeing the DSFG changed to make it clearer, to
remove loopholes, etc.  However, it's very hard to do so, both politically
within Debian (for good reason) and intellectually to come up with such
verbiage.  I _DO_ object to changing it's use to be a binding definition
rather than a set of guidelines.
--
Mark Rafn[EMAIL PROTECTED]http://www.dagon.net/  



Re: [Discussioni] OSD DFSG convergence

2003-01-27 Thread Steve Langasek
On Mon, Jan 27, 2003 at 03:09:40PM -0500, Russell Nelson wrote:
 Steve Langasek writes:
   On Mon, Jan 27, 2003 at 09:56:00AM -0500, Russell Nelson wrote:

what do you do when someone comes along and interprets its ambiguity
to mean what *they* want?

   ... Which would be complete and utter bullshit, because Debian has never
   represented, *anywhere*, that it will package all software someone
   releases under a DFSG-compliant license.

 Has Debian ever rejected software which complies with the DFSG?  If
 you do something in practice, other parties could rely on that.

Oh, absolutely.  On grounds of licensing?  Maybe, maybe not.  Either way,
there is nothing that can reasonably be construed as imposing an
obligation on Debian to distribute all software that meets the DFSG.
The DFSG spells out conditions that are necessary, but not sufficient,
for software to enter the main archive.

 I won't name names, but we (OSI) have been threatened with exactly
 that scenario.  It is as I feared: the DFSG and OSD, although
 originally the same documents, and nearly identical now, are being
 used for two different and incompatible purposes.

Why is this to be feared?  The ability to employ human judgement in
deciding what software should be included in our archive is an
*asset*, not a weakness; just as, where the mission of the OSI is
concerned, being held to a position of neutrality is an asset.  There's
nothing wrong with the fact that the two organizations need documents
that can be applied in slightly different manners; working towards a
shared definition of freedom doesn't require marching in lockstep.

 So, are you totally against the idea of changing the DFSG even though
 you probably can't find a single .deb on your machine that hasn't been 
 touched in five years?  There seems to be a firm resistance to the
 idea of changing the DFSG to reflect changing times.

I had hoped that my earlier messages conveyed that I was not opposed to
changing the DFSG; but such changes are doomed to be delayed by Debian's
current lack of process for revising our core documents.  If we are going
to start down that long road we must first be able to articulate *why*
the change is necessary, or we'll never move the body of developers to
action on what amounts to a purely political issue.

Regards,
-- 
Steve Langasek
postmodern programmer


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