Re: DFSG as Licence?

2006-08-12 Thread Weakish Jiang


Michelle Konzack wrote:

 I was thinking to use the term:
 
 Licence: This software is under any Licence which complay
  with the Debian Free Software Guidelines (DFSG).
 
 I am thinking, that this makes my standpoint more clear as telling
 users: This software is under GPL vXX.  I fully aggree with the
 Debian philosophy and this is why I stay with it (even if it steals
 me sometimes th last nerv ;-) )
 
 What do you think about it?
 

IMO, there is something wrong with your statement.

The point is that it's very difficult to determine whether a license
complies with DFSG.

Suppose that someone created a new license which is against DFSG, but
s/he can still disclaim it complies with DFSG. You cannot decide that
hir license is against the DFSG, nor do the Debian community. If the
Debian community say a license is against DFSG, they only express their
opinion. And according to their opinion, they won't  add any software
solely under this license to Debian main. That's what they can do. But
they cannot enforce other people to agree with their opinion, nor can
they enforce others to obey their decision. Everyone may have their
different opinions, the Debian community never want to impose their
opinion on others. The decision made by the Debian community only
applies to the Debian Project.

Even if you take this matter to court, since the DFSG is a publicly
stated policy, rather than a legal statement, the case will become very
complex.

Therefore, IMO, you should not use a statement like any Licence which
complay with the DFSG.

The licenses  below are currently found in Debian main:

GNU General Public License (common)
GNU Lesser General Public License (common)
GNU Library General Public License (common)
Modified BSD License (common)
Perl Artistic license (common)
Apache License
MIT/X11-style licenses
zlib-style licenses
LaTeX Project Public License
Python Software Foundation License
Ruby's License
PHP License
W3C Software Notice and License
OpenSSL License
Sleepycat License
Common UNIX Printing System License Agreement
vhf Public License
No problem Bugroff license

You can choose one or more license from them. (Personally, I think use
Modified BSD is enough, because it is compatible with many licenses
listed above.)

If someone want to use other licenses which is not compatible with any
license listed above to distribute your software, the license probably
doesn't comply with the DFSG. Of course, it is possible that the license
they want to use does comply with the DFSG. However, I think few people
will need to use such licenses. If they do, they always can ask for your
permission.



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Re: DFSG as Licence?

2006-08-12 Thread Francesco Poli
On Fri,  7 Jul 2006 13:36:40 +0200 Michelle Konzack wrote:

[...]
 I was thinking to use the term:
 
 Licence: This software is under any Licence which complay
  with the Debian Free Software Guidelines (DFSG).
 
[...]
 What do you think about it?

There are some major problems with such a mutant license.

First of all, and most importantly, who is going to decide whether a
particular license complies with the DFSG?
For the purpose of inclusion of a work into Debian, this task is
accomplished by the packager, possibly with the help of debian-legal as
an advisory group, and ultimately by the ftp-masters (whose decisions
could be overruled by the Debian Project as a whole via GR)[1].

[1] anyone more knowledgeable than me about Debian Constitution and
Debian Policy is encouraged to correct me, if I'm wrong... 

But who is going to decide whether a particular license complies with
DFSG for the purpose of complying with your mutant license?
What if I do something with your work and you sue me for copyright
infringement?
I claim that I was doing something allowed by license XYZ which I think
complies with the DFSG.  You claim that license XYZ does not comply
with the DFSG.  A court has to decide who is right and who is wrong,
but no court is used to determine whether a license complies with the
DFSG.


Second, it's not very clear what complying with the DFSG means for a
*license*.  The DFSG are guidelines to determine if a *work* is or isn't
Free Software (according to Debian standards).  The license plays an
important role in making a work Free, but it's not the only thing to be
taken into account (availability of source code, actively enforced
patents, and other details are to be considered too).


Third, your mutant license is a contorted way to more or less
effectively release a work under in a all-permissive manner.  Let's see
why: the DFSG never pose upper limits to granted permissions, they only
pose lower limits.  Hence a license permissive enough complies with the
DFSG for sure.  I, as a licensee, would obviously choose the most
permissive license I can, among a set of proposed ones.
I could for example choose the Expat license[2] (or even some more
permissive one): it definitely complies with the DFSG (I think there
are no reasonable doubts about it).
See?  At the end of the day, the result of your mutant license is
basically the same as having released the work under the Expat
license[2].

[2] http://www.jclark.com/xml/copying.txt


So, to summarize, I recommend you against adopting your proposed
mutant license.  I suggest you instead release your works in a clearly
DFSG-free manner by adopting a suitable license.  If you want to be
(almost) all-permissive, a good choice is the Expat license: it's
simple, short, and compatible with everything else.


HTH, IANAL, IANADD.

-- 
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do change, my friend.   -- from _Coming to America_
. Francesco Poli .
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Re: DFSG as Licence?

2006-08-11 Thread Michelle Konzack
Hello Ben and *,

sorry for the late reponse, but I was in Palestine and
have gotten trouble with the Israelian Authority...
(They give bullschit on Diplomatic immunity!)

Am 2006-06-12 17:37:16, schrieb Ben Finney:
 Michelle Konzack [EMAIL PROTECTED] writes:

  Since I am using Debian/main only (with the exception of libdvdcss2)
  since more then 7 years now I want to say, that my Software any
  Licence which comply with the DFSG.
 
 That's great, it makes the free software community stronger and makes
 your work useful to more people.
 
  Is there allready a licence which use the term DFSG as licence?
 
 The DFSG doesn't specify license terms. It's a set of guidelines for
 judging the freedoms granted to recipients of a work. This judgement
 concerns not just the license from copyright, or patent, or trademark,
 or any other particular monopolies. Rather, it addresses the combined
 set of effective freedoms granted to the recipient of the work.
 
 Thus, it wouldn't make much sense to treat the DFSG as a license.

I was thinking to use the term:

Licence: This software is under any Licence which complay
 with the Debian Free Software Guidelines (DFSG).

I am thinking, that this makes my standpoint more clear as telling
users: This software is under GPL vXX.  I fully aggree with the
Debian philosophy and this is why I stay with it (even if it steals
me sometimes th last nerv ;-) )

What do you think about it?

Greetings
Michelle Konzack


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GNU GPL future (was: Re: DFSG as Licence?)

2006-06-12 Thread Ben Finney
Michelle Konzack [EMAIL PROTECTED] writes:

 I do not fully agree with the FSF and the GPL. v2.0 maybe ok,
 but I have complains against the new one.

The GPL v3 is not yet released; the FSF are asking for anyone who has
concerns to make them known now. The draft you've read is *not* what
the final GPL v3 will look like, and if you make your concerns known
to the FSF now, they can take that into consideration for the final
text of the license.

URL:http://gplv3.fsf.org/comments/

It's not rational to say that you don't want to use GPL v3 based on
a draft; there's no GPL v3 yet. The whole point of that draft is to
solicit feedback on potential problems so they can be fixed *before*
anyone uses GPL v3.

-- 
 \ As we enjoy great advantages from the inventions of others, we |
  `\ should be glad to serve others by any invention of ours.  -- |
_o__)Benjamin Franklin |
Ben Finney


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Re: DFSG as Licence?

2006-06-12 Thread Ben Finney
Michelle Konzack [EMAIL PROTECTED] writes:

 Since I have read tonns of different licences I do not realy know
 what to do.

It's good that you're reading existing copyright licenses; it's better
to choose a license already accepted by the community as granting
effective freedom to users, than to try writing your own.

As for which license to choose, it depends on your goals for the
license. The FSF have useful comments on many existing free software
licenses, and offer to help evaluating licenses.

URL:http://www.fsf.org/licensing/licenses/

 Since I am using Debian/main only (with the exception of libdvdcss2)
 since more then 7 years now I want to say, that my Software any
 Licence which comply with the DFSG.

That's great, it makes the free software community stronger and makes
your work useful to more people.

 Is there allready a licence which use the term DFSG as licence?

The DFSG doesn't specify license terms. It's a set of guidelines for
judging the freedoms granted to recipients of a work. This judgement
concerns not just the license from copyright, or patent, or trademark,
or any other particular monopolies. Rather, it addresses the combined
set of effective freedoms granted to the recipient of the work.

Thus, it wouldn't make much sense to treat the DFSG as a license.

-- 
 \I used to work in a fire hydrant factory. You couldn't park |
  `\   anywhere near the place.  -- Steven Wright |
_o__)  |
Ben Finney


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Re: GNU GPL future (was: Re: DFSG as Licence?)

2006-06-12 Thread MJ Ray
Ben Finney [EMAIL PROTECTED]
 The GPL v3 is not yet released; the FSF are asking for anyone who has
 concerns to make them known now. [...]

Unfortunately, to make them known, you have to jump through hoops of
being able to use their anybrowser-busting web system, persuade their
reject-all email robot or travel hundreds of miles at a few days notice
to public conferences.  I'm pretty stubborn, but I've not been able to
overcome these problems.  How many hackers will have given up trying to
talk to FSF about this?  Commenting should have been made more easy.
I guess it's good that at least some people can comment on this and be
heard, which is a step forward from what appeared to happen over FDL.
-- 
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My Opinion Only: see http://people.debian.org/~mjr/
Please follow http://www.uk.debian.org/MailingLists/#codeofconduct


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Re: GNU GPL future (was: Re: DFSG as Licence?)

2006-06-12 Thread Don Armstrong
On Mon, 12 Jun 2006, MJ Ray wrote:
 Ben Finney [EMAIL PROTECTED]
  The GPL v3 is not yet released; the FSF are asking for anyone who has
  concerns to make them known now. [...]
 
 Unfortunately, to make them known, you have to jump through hoops of
 being able to use their anybrowser-busting web system, persuade
 their reject-all email robot or travel hundreds of miles at a few
 days notice to public conferences. I'm pretty stubborn, but I've not
 been able to overcome these problems.

You've mentioned this on multiple occasions; my offer to populate the
comment system with any comments that you are unable to make via it
still stands. [I extend this offer to anyone else who is incapable of
operating the comment system. I think your comments are important, and
I'm willing to help you get them in.]


Don Armstrong

-- 
I leave the show floor, but not before a pack of caffeinated Jolt gum
is thrust at me by a hyperactive girl screaming, Chew more! Do more!
The American will to consume more and produce more personified in a
stick of gum. I grab it.
 -- Chad Dickerson

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


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Re: DFSG as Licence?

2006-06-12 Thread George Danchev
On Sunday 11 June 2006 20:31, Måns Rullgård wrote:
--cut--
 What I'm talking about is different, each on their own free, licenses
 being deemed incompatible with each other.  Examples are the GPL, the
 OpenSSL license, and the Open Software License.  I find it hard to
 believe that most authors who choose to release under the GPL do so in
 order to prevent their code being used in a program released under the
 OSL.  Neither of these two licenses (GPL and OSL) allows for
 proprieterization of code.  However, I see it as a loss to the free
 software world as a whole, that the open source code is divided into
 several islands, between which no code sharing is allowed.  This leads
 to time and efforts being wasted in reimplementing perfectly good
 code, only because the existing version has slightly different terms
 of use and distribution.

Right, but you are describing relationships as found in an Ideal World ;-) It 
always happens so that if you manage to merge some of these islands, then no 
force could (and should) prevent anyone from building its own brand new 
island following its own ideas and visions even thay are not in perfect 
harmony with other already existing islands. This is generally not so Bad 
Thing[TM] and is how the holy human nature works, at least on the Earth ;-)

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Re: GNU GPL future (was: Re: DFSG as Licence?)

2006-06-12 Thread MJ Ray
Don Armstrong [EMAIL PROTECTED]
 You've mentioned this on multiple occasions; my offer to populate the
 comment system with any comments that you are unable to make via it
 still stands.

Thank you.  I don't recall that.  I had hoped FSF would actually fix
their bad processes to give equal opportunity in their consultation,
but as time pushes on, I'll probably take up your offer.

 [I extend this offer to anyone else who is incapable of
 operating the comment system. [...]

It's the comment system which is incapable, not the people.
IMO there was no good reason to design some people out of it.
-- 
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My Opinion Only: see http://people.debian.org/~mjr/
Please follow http://www.uk.debian.org/MailingLists/#codeofconduct


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DFSG as Licence?

2006-06-11 Thread Michelle Konzack
Hello *,

Since I have read tonns of different licences I do not realy know
what to do.  Since I am using Debian/main only (with the exception
of libdvdcss2) since more then 7 years now I want to say, that my
Software any Licence which comply with the DFSG.

Question:

Is there allready a licence which use the term DFSG as licence?

I do not fully agree with the FSF and the GPL. v2.0 maybe ok,
but I have complains against the new one.

Thanks and Nice Weekend
Michelle Konzack
Systemadministrator
Tamay Dogan Network
Debian GNU/Linux Consultant


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Re: DFSG as Licence?

2006-06-11 Thread Måns Rullgård
Michelle Konzack [EMAIL PROTECTED] writes:

 Hello *,

 Since I have read tonns of different licences I do not realy know
 what to do.  Since I am using Debian/main only (with the exception
 of libdvdcss2) since more then 7 years now I want to say, that my
 Software any Licence which comply with the DFSG.

 Question:

 Is there allready a licence which use the term DFSG as licence?

 I do not fully agree with the FSF and the GPL. v2.0 maybe ok,
 but I have complains against the new one.

If you do not like gpl3, use gpl2 without the or later option, if
that does what you want.  The FSF won't like you if you do, but nobody
is under any obligation to please them.  Personally, I'm allergic to
more than two paragraphs of legalese, and I don't want to release my
work under terms I do not fully understand, so I release my stuff
under the MIT license.  It gives a little more permission than the
GPL, but I don't really care if someone uses my code in a commercial
application.  It doesn't interfere with my reasons for releasing it in
the first place, and it lets any free software project use it, without
any concerns about being GPL compatible.  All the fuss about open
source licenses being incompatible is, IMHO, contradictory to the
spirit of free software, and spending time on such issues is
counter-productive.

-- 
Måns Rullgård
[EMAIL PROTECTED]


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Re: DFSG as Licence?

2006-06-11 Thread George Danchev
On Sunday 11 June 2006 19:25, Måns Rullgård wrote:
 Michelle Konzack [EMAIL PROTECTED] writes:
  Hello *,
 
  Since I have read tonns of different licences I do not realy know
  what to do.  Since I am using Debian/main only (with the exception
  of libdvdcss2) since more then 7 years now I want to say, that my
  Software any Licence which comply with the DFSG.
 
  Question:
 
  Is there allready a licence which use the term DFSG as licence?
 
  I do not fully agree with the FSF and the GPL. v2.0 maybe ok,
  but I have complains against the new one.

 If you do not like gpl3, use gpl2 without the or later option, if
 that does what you want.  The FSF won't like you if you do, but nobody
 is under any obligation to please them.  Personally, I'm allergic to
 more than two paragraphs of legalese, and I don't want to release my
 work under terms I do not fully understand, so I release my stuff
 under the MIT license.  It gives a little more permission than the
 GPL, but I don't really care if someone uses my code in a commercial
 application.  

GPL allows commercial applications, but what GPL does not allow is becoming a 
'proprietary application' (non-free). E.g. you are not allowed to grab a 
GPL'ed source code, modify it and distribute the modified binaries only. In 
that case GPL force you to publish the your source modifications, which is 
perfectly in the spirit of free software ... e.g. what is give is what you 
get.

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Re: DFSG as Licence?

2006-06-11 Thread Måns Rullgård
George Danchev [EMAIL PROTECTED] writes:

 On Sunday 11 June 2006 19:25, Måns Rullgård wrote:
 Michelle Konzack [EMAIL PROTECTED] writes:
  Hello *,
 
  Since I have read tonns of different licences I do not realy know
  what to do.  Since I am using Debian/main only (with the exception
  of libdvdcss2) since more then 7 years now I want to say, that my
  Software any Licence which comply with the DFSG.
 
  Question:
 
  Is there allready a licence which use the term DFSG as licence?
 
  I do not fully agree with the FSF and the GPL. v2.0 maybe ok,
  but I have complains against the new one.

 If you do not like gpl3, use gpl2 without the or later option, if
 that does what you want.  The FSF won't like you if you do, but nobody
 is under any obligation to please them.  Personally, I'm allergic to
 more than two paragraphs of legalese, and I don't want to release my
 work under terms I do not fully understand, so I release my stuff
 under the MIT license.  It gives a little more permission than the
 GPL, but I don't really care if someone uses my code in a commercial
 application.  

 GPL allows commercial applications, but what GPL does not allow is
 becoming a 'proprietary application' (non-free). E.g. you are not

OK, bad choice of words.  I don't much care if someone uses my code in
a proprietary application either.

 allowed to grab a GPL'ed source code, modify it and distribute the
 modified binaries only. In that case GPL force you to publish the
 your source modifications, which is perfectly in the spirit of free
 software ... e.g. what is give is what you get.

What I'm talking about is different, each on their own free, licenses
being deemed incompatible with each other.  Examples are the GPL, the
OpenSSL license, and the Open Software License.  I find it hard to
believe that most authors who choose to release under the GPL do so in
order to prevent their code being used in a program released under the
OSL.  Neither of these two licenses (GPL and OSL) allows for
proprieterization of code.  However, I see it as a loss to the free
software world as a whole, that the open source code is divided into
several islands, between which no code sharing is allowed.  This leads
to time and efforts being wasted in reimplementing perfectly good
code, only because the existing version has slightly different terms
of use and distribution.

How many cases of Foo is under GPL, Foo uses libcurl, libcurl can be
linked with OpenSSL, hence Foo is non-distributable have been
discussed on this list?  I have no figures, but it is a recurring
topic.  Does anyone seriously believe that the authors of Foo
intentionally created those situation?

-- 
Måns Rullgård
[EMAIL PROTECTED]


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