Re: Free as in speech, but not as in beer

2015-04-05 Thread Ben Finney
Paul van der Vlis p...@vandervlis.nl writes:

 Maybe because of this discussion the developer has decided to remove
 the 5 user limitation, and to replace it by some user limit exceeded
 messages in the webinterface of the program. You can use the program
 with this messages.

So, the limit doesn't exist, but a message falsely reports such a limit?

 I don't think this changes the situation really.

You're right, that would still be a bug to be removed.

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Re: Free as in speech, but not as in beer

2015-04-05 Thread Paul van der Vlis
Op 05-04-15 om 01:55 schreef Gunnar Wolf:

 The debated situation seems similar to me: Debian should not knowingly
 ship a bug. If at all, I'd patch it away and add a disclaimer stating
 that the software has the five user limitation removed, but requesting
 a voluntary donation in case it is used for professional use.

Maybe because of this discussion the developer has decided to remove the
5 user limitation, and to replace it by some user limit exceeded
messages in the webinterface of the program. You can use the program
with this messages.

I don't think this changes the situation really.

With regards,
Paul van der Vlis.


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Re: Free as in speech, but not as in beer

2015-04-05 Thread Paul van der Vlis
Op 05-04-15 om 01:56 schreef Gunnar Wolf:
 Paul van der Vlis dijo [Wed, Apr 01, 2015 at 12:12:25PM +0200]:
 No they aren't. The source that CentOS uses is modified to remove
 references to Red Hat.

 Debian has to change the source of Firefox and Thunderbird too.
 Does that make it nonfree software? I don't think so.
 
 Remember we don't ship Firefox or Thunderbird — We ship Iceweasel and
 Icedove. Precisely for that reason.

You are right, Firefox and Thunderbird are not DFSG free.

With regards,
Paul van der Vlis.



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Re: Free as in speech, but not as in beer

2015-04-05 Thread Paul van der Vlis
Op 05-04-15 om 09:57 schreef Ben Finney:
 Paul van der Vlis p...@vandervlis.nl writes:
 
 Maybe because of this discussion the developer has decided to remove
 the 5 user limitation, and to replace it by some user limit exceeded
 messages in the webinterface of the program. You can use the program
 with this messages.
 
 So, the limit doesn't exist, but a message falsely reports such a limit?

There is a limit in not-showing the message. The software will work with
user limit exceeded.

 I don't think this changes the situation really.
 
 You're right, that would still be a bug to be removed.

With regards,
Paul van der Vlis.



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Re: Free as in speech, but not as in beer

2015-04-05 Thread Gunnar Wolf
Paul van der Vlis dijo [Sun, Apr 05, 2015 at 10:16:57AM +0200]:
  Maybe because of this discussion the developer has decided to remove
  the 5 user limitation, and to replace it by some user limit exceeded
  messages in the webinterface of the program. You can use the program
  with this messages.
  
  So, the limit doesn't exist, but a message falsely reports such a limit?
 
 There is a limit in not-showing the message. The software will work with
 user limit exceeded.

Bug report: Software displays a warning about a user limit.

Maintainer action: Remove the warning.

Bug fixed.


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Re: Free as in speech, but not as in beer

2015-04-04 Thread Gunnar Wolf
Alessandro Rubini dijo [Wed, Apr 01, 2015 at 08:20:34AM +0200]:
 (...)
 The real problem is we lack sustainable commercial models for free
 software.  No wonder independent developers are fewer and fewer: those
 who are not employed by big corps (G, RH, LF) do free software in
 their spare time after earning a living on proprietary software. And
 those who insist in remaining independent are starving, unless they
 are better at marketing than at developing.
 
 I welcome this approach, because it's novel and smart. Not defective
 by design, but a simple thing to raise user's attention to a problem.
 Clearly I wouldn't like being forced to rebuild this and that to make
 real use of the distro.  But unless we know what this software package
 is, all of this discussion is moot.

One of the packages I maintain, Collabtive, is free by itself but
allows (promotes maybe?) the user to install non-free plugins. I ship
the package with this patch:


https://sources.debian.net/src/collabtive/2.0%2Bdfsg-5/debian/patches/plugin_disclaimer/

That is (so you don't have to refer to the patch itself), the plugins
lister is prefixed by the following message:

Note that, while Collabtive itself is completely Free Software,
plugins are propietary extras, produced and marketed by Open
Dynamics, the authors of Collabtive.

The Collabtive Debian package does not endorse in any way the
usage of plugins — They might enhance your Collabtive experience,
but they are completely outside Debian's scope.

The debated situation seems similar to me: Debian should not knowingly
ship a bug. If at all, I'd patch it away and add a disclaimer stating
that the software has the five user limitation removed, but requesting
a voluntary donation in case it is used for professional use.


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Re: Free as in speech, but not as in beer

2015-04-04 Thread Gunnar Wolf
Paul van der Vlis dijo [Wed, Apr 01, 2015 at 12:12:25PM +0200]:
  No they aren't. The source that CentOS uses is modified to remove
  references to Red Hat.
 
 Debian has to change the source of Firefox and Thunderbird too.
 Does that make it nonfree software? I don't think so.

Remember we don't ship Firefox or Thunderbird — We ship Iceweasel and
Icedove. Precisely for that reason.


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Re: Free as in speech, but not as in beer

2015-04-01 Thread Riley Baird
On Wed, 1 Apr 2015 08:20:34 +0200
Alessandro Rubini rub...@arcana.linux.it wrote:
  [...] However, your intention is to apply a non-legally enforcable
  restriction that, were it in a license, would immediately and
  obviously fail the DFSG, [...] you are trying to (non-legally) force
  Debian to adopt a licensing scheme contrary to its values.
 
 How heated.

You're right; I apologise. I think I'll stay out of this
discussion henceforth and work on something else more enjoyable. :)


pgpN3INf4aBLl.pgp
Description: PGP signature


Re: Free as in speech, but not as in beer

2015-04-01 Thread Miriam Ruiz
2015-04-01 8:20 GMT+02:00 Alessandro Rubini rub...@arcana.linux.it:

 The only thing I'm sure about is that upstream has a built-in bug,
 easily removable.  This bug has a novel and interesting reason to
 exist, and it's unclear whether debian should fix it immediately or
 later, or not fix it.  I'm disappointed about all this handwaving
 about freedom, when it's just a a bug, even if on purpose.

Let me take it one step further. What about if a DD introduced that
limitation into an existing software that they are maintaining, on
purpose, on the same conditions? Yeah, I know that the ethical rights
to do so are not as strong, but the legal background is the same, and
the business model would also be the same, right?

I wouldn't like worsening the overall quality of the operating system,
or the service to our users, to promote particular business models
that are flawed from design, and that build essentially not on
providing added value, but on extorting and blackmailing users who do
not have enough technical knowledge to remove the limitations
themselves.

Greetings,
Miry


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Re: Free as in speech, but not as in beer

2015-04-01 Thread Ben Finney
Alessandro Rubini rub...@arcana.linux.it writes:

 This is exactly like the kind request to send patches to the upstream
 author, or the kind request to make a donation or otherwise support
 the project.

With the significant difference that (as it has been described to us)
the work embodies a concrete restriction on its use.

So no, not “exactly like” those kind requests which do not limit
recipients of the work.

 I don't see anything especially bad in a 5-users limitation. It's a
 bug like a million other limitations we have.

With the significant difference that the copyright holder has expressed
a positive desire that the bug not be fixed.

The OP has said:

 The 5 user limitation is something in the software, but because it's
 AGPL it's not forbidden to remove it. But I think the developer would
 ask friendly to remove a version without the limitation from Debian.

Since the copyright holder expresses the desire that the work not be in
Debian with bugs fixed, that is a strongly negative consideration for
that work entering Debian at all.

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Re: Free as in speech, but not as in beer

2015-04-01 Thread Alessandro Rubini
 [...] However, your intention is to apply a non-legally enforcable
 restriction that, were it in a license, would immediately and
 obviously fail the DFSG, [...] you are trying to (non-legally) force
 Debian to adopt a licensing scheme contrary to its values.

How heated.

This is exactly like the kind request to send patches to the upstream
author, or the kind request to make a donation or otherwise support
the project.  This kind of stuff is usually accepted.

I don't see anything especially bad in a 5-users limitation. It's a
bug like a million other limitations we have. For example, in kicad I
can't make more than 12 inner layers in the PCB.  We accept it because
it's by design, but what if there were another kicad sold for profit
without such limitation?  Worse: open/libre office refuses to open on
a different display (export DISPLAY) than the first instance that has
been fired. And firefox forces me to create a different profile to
achieve that.  I find them limiting, and they are not easily patched.
Than I'm aware I'm obsolete inside and few people swear at this, but
it's similar.


The real problem is we lack sustainable commercial models for free
software.  No wonder independent developers are fewer and fewer: those
who are not employed by big corps (G, RH, LF) do free software in
their spare time after earning a living on proprietary software. And
those who insist in remaining independent are starving, unless they
are better at marketing than at developing.

I welcome this approach, because it's novel and smart. Not defective
by design, but a simple thing to raise user's attention to a problem.
Clearly I wouldn't like being forced to rebuild this and that to make
real use of the distro.  But unless we know what this software package
is, all of this discussion is moot.

The only thing I'm sure about is that upstream has a built-in bug,
easily removable.  This bug has a novel and interesting reason to
exist, and it's unclear whether debian should fix it immediately or
later, or not fix it.  I'm disappointed about all this handwaving
about freedom, when it's just a a bug, even if on purpose.

I heard about a commercial model of making subtly bugged software and
then sell consultancy to fix those bugs when users hit them.  *that*
would be bad to have in debian, but we can't really know if some of
this exists or has been accepted.  The upstream author of this
discussion is much more clear and honest, and I respect it.

BTW, dual-licensed stuff like Qt is much more predatory than this, and
still is in main -- but I don't want to open this can of worms, it's
just as a comparison about what commercial models debian supports
(one-copyright holder, no unassigned contributions, separate
proprietary distribution channel) and what we discuss strongly about
(an upstream author who honestly claims he has completely-free
software with an easily-patched limitation in order to bring some
non-techie to support him).

thanks for reading

/alessandro, not a DD, not a lawyer, and commercially irrelevant


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Re: Free as in speech, but not as in beer

2015-04-01 Thread Paul van der Vlis
Op 01-04-15 om 08:20 schreef Alessandro Rubini:

(..)

 The real problem is we lack sustainable commercial models for free
 software.  No wonder independent developers are fewer and fewer: those
 who are not employed by big corps (G, RH, LF) do free software in
 their spare time after earning a living on proprietary software. And
 those who insist in remaining independent are starving, unless they
 are better at marketing than at developing.
 
 I welcome this approach, because it's novel and smart. Not defective
 by design, but a simple thing to raise user's attention to a problem.

Nice to see that I am not the only one.

 Clearly I wouldn't like being forced to rebuild this and that to make
 real use of the distro.  

An howto will do that.

 But unless we know what this software package
 is, all of this discussion is moot.

You can look at it as an academic discussion, that's what I do.

 The only thing I'm sure about is that upstream has a built-in bug,
 easily removable.  This bug has a novel and interesting reason to
 exist, 

exactly.

(...)

 I heard about a commercial model of making subtly bugged software and
 then sell consultancy to fix those bugs when users hit them.  *that*
 would be bad to have in debian, but we can't really know if some of
 this exists or has been accepted.  The upstream author of this
 discussion is much more clear and honest, and I respect it.

Nice to hear!

(...)

With regards,
Paul van der Vlis.




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Re: Free as in speech, but not as in beer

2015-04-01 Thread Paul van der Vlis
Op 31-03-15 om 23:52 schreef Riley Baird:
 On Tue, 31 Mar 2015 23:06:57 +0200
 Paul van der Vlis p...@vandervlis.nl wrote:
 Op 30-03-15 om 03:33 schreef Riley Baird:

 Do you think RedHat Enterprise Linux is non-free software too?
 https://www.redhat.com/wapps/store/catalog.html

 Yes, it is. The trademark restrictions of Red Hat prevent you from
 distributing isos compiled from the source.

 So far I know Centos and more vendors are exactly doing that.
 
 No they aren't. The source that CentOS uses is modified to remove
 references to Red Hat.

Debian has to change the source of Firefox and Thunderbird too.
Does that make it nonfree software? I don't think so.

With regards,
Paul van der Vlis.

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Re: Free as in speech, but not as in beer

2015-04-01 Thread Paul van der Vlis
Op 31-03-15 om 23:36 schreef Paul Tagliamonte:
 All of this is outside the scope of -legal. If you want to discuss
 this, please bring this to -project.

You have a point, but I am at the moment mainly interested in arguments,
not in really getting the software into main.

With regards,
Paul van der Vlis.


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Re: Free as in speech, but not as in beer

2015-04-01 Thread Ben Finney
Paul van der Vlis p...@vandervlis.nl writes:

 For me this is an academic discussion about free software.

Then it's off-topic here. Please don't use this forum for such academic
discussions without a concrete work to examine.

Paul van der Vlis p...@vandervlis.nl writes:

 Op 31-03-15 om 23:36 schreef Paul Tagliamonte:
  All of this is outside the scope of -legal. If you want to discuss
  this, please bring this to -project.

 You have a point, but I am at the moment mainly interested in arguments,
 not in really getting the software into main.

That's a mis-use of this forum.

Please take it elsewhere.

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  `\   neat, and wrong.” —Henry L. Mencken |
_o__)  |
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Re: Free as in speech, but not as in beer

2015-04-01 Thread Paul van der Vlis
Op 31-03-15 om 23:52 schreef Riley Baird:

 The constitution refers to licenses, but it has come to be understood
 that the upstream interpretation of, *and intentions behind*, the
 license forms part of this definition.
 
 For example, PINE had a MIT-style license, but upstream interpreted
 this to mean that both modification and distribution were permitted,
 but not distribution of modified copies. The solution wasn't to declare
 all MIT-style licenses non-free, but rather to declare such licenses
 non-free only when applied to PINE.

You have a point. But I think PINE is wrong.

 Before you argue that you are not like PINE, and you are granting full
 permissions under the AGPL, and are only making a request, note that
 the above case was only cited as precedent for the constitutional
 understanding of licenses.
 
 In your case, you are trying to make restrictions without putting them
 in the copyright license, and thinking that you can get around the
 constitution that way. However, your intention is to apply a
 non-legally enforcable restriction that, were it in a license, would
 immediately and obviously fail the DFSG, at the expense of Debian's
 users. And that you threatened to friendly request that the software
 be removed from Debian should we fail to meet your wishes, is evidence
 that you are trying to (non-legally) force Debian to adopt a licensing
 scheme contrary to its values.

Realize that it's not my software. For me this is an academic
discussion about free software. What I see is that free software as in
speech, what's not free as in beer, is a bit nonsense. At the moment.
You can use that to sell some hardware, like a DVD or USB stick.

 In any case, this only matters if you want the software to go into
 main. You'd *definitely* be able to get it into non-free, and it isn't
 that hard to tell users to edit their /etc/apt/sources.list to add the
 non-free repository. Being only in non-free is nothing to be ashamed
 of. Many of the GNU manuals are there because they use the GFDL with
 invariant sections.

 Do you want to put free software into nonfree?
 
 Not if it's intentionally broken. 

You have a point.

 In that case, I'd rather keep it out
 of the archive altogether.
 
 Also, it's worth noting that most people in the Linux world are not as
 obsessed with freedom as Debian. :) 

 Do you mean freedom as in beer?
 
 Yes. Are you happy now?

Yes, I like clearness ;-)

 I think the problem is, that Debian has no repository for this kind of
 software.
 
 Exactly. We don't. And I think that from the discussion on this thread,
 it is obvious that we won't be making one. Go to Ubuntu and try to sell
 them on your idea.

I am not interested in Ubuntu. I am not interested in selling.

With regards,
Paul van der Vlis.

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Re: Free as in speech, but not as in beer

2015-04-01 Thread Paul van der Vlis
Op 31-03-15 om 14:03 schreef Ian Jackson:
 Miriam Ruiz writes (Re: Free as in speech, but not as in beer):
 But, regardless of abstract debates, this is what I consider the most
 likely outcome of such situation, if it ever appears. Imagine someone
 packages the software including that restriction and uploads it to the
 archive.
 
 It would probably be possible to make the restriction configurable,
 so that a user could disable it easily.

I would make a howto to rebuild the software. People will learn from it.
And sysadmins will get an argument to pay.

( But I don't think this kind of software belongs in main, contrib, or
non-free, it simply doesn't fit. )

With regards,
Paul van der VLis.




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Re: Free as in speech, but not as in beer

2015-04-01 Thread Paul van der Vlis
Op 31-03-15 om 22:48 schreef Don Armstrong:
 On Tue, 31 Mar 2015, Paul van der Vlis wrote:

 Do you know an example of software what is distributed by Debian when
 it's clear the development team behind it, doesn't want that?
 
 cdrecord is a prominent example, where the developer was vehemently
 against Debian distributing it, and also vehemently against distributing
 a forked version.
 
 Guess what? Debian distributed it anyway.

You have a point, but a very special one. There was no alternative for
cdrecord at that moment. Now there is a fork, so a new development team.

(...)

With regards,
Paul van der Vlis.


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Re: Free as in speech, but not as in beer

2015-03-31 Thread Ian Jackson
Miriam Ruiz writes (Re: Free as in speech, but not as in beer):
 But, regardless of abstract debates, this is what I consider the most
 likely outcome of such situation, if it ever appears. Imagine someone
 packages the software including that restriction and uploads it to the
 archive.

It would probably be possible to make the restriction configurable,
so that a user could disable it easily.

So it seems like our options (assuming no-one manages to change the
author's mind) might be:

(a) Distribute the software with the restriction entirely removed,
   within the legal permission granted by the authors but against
   their clearly expressed non-binding wishes;

(b) Distribute the software with the restriction on by default but
   made configurable, perhaps with only the grudging acceptance of
   upstream;

(c) Distribute it with the restriction compiled in.

(d) Do not distribute the software at all;

Both (a) and (b) have their problems but (c) and (d) seem worse to me.
While it is very likely that the TC would (in response to a bug
report) overrule a maintainer who did (c), I'm doubtful whether the TC
would overrule a maintainer who did (b).

Personally I don't think (b) is too bad an imposition on users.  It's
not a DFSG violation.  At worst it's annoying.

Ian.


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Re: Free as in speech, but not as in beer

2015-03-31 Thread Paul Tagliamonte
Please re-read my last mail on this thread.

This conversation is going in circles.

Thanks,
  Paul

On Tue, Mar 31, 2015 at 4:38 PM, Paul van der Vlis p...@vandervlis.nl wrote:
 Op 24-03-15 om 21:21 schreef Don Armstrong:
 On Tue, 24 Mar 2015, Paul van der Vlis wrote:
 Op 24-03-15 om 18:38 schreef Paul R. Tagliamonte:

 Unless it allows modification and redistribution of this (and we do so),

 What when the DD who packages it, would package it with the 5 user
 limitation?

 If it was actually AGPLed in its entirety, the maintainer would just
 remove code which enforced the 5 user limitation.

 Next step would be a friendly question from the developper to remove the
 software from Debian.

 Do you know an example of software what is distributed by Debian when
 it's clear the development team behind it, doesn't want that?

 cut

 In any event, without particular licenses

 The license is clear, it's plain AGPL.

 and source files, we're having
 an academic discussion without concrete information or relation to
 Debian, which isn't on topic for debian-legal.

 I've spoken to the developer and he does not want the name of his
 program into this discussion. In his opinion the question is clear.
 He thinks it would make the name of his new program dirty.

 I think you can say: Debian does not want any software at this moment
 what's not free as in beer.

 The problem is, that such software does not fit in any of the existing
 repositories. The correct place of this program would be in main, but
 people expect free as in beer software there. Myself included.

 With regards,
 Paul van der Vlis.


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Re: Free as in speech, but not as in beer

2015-03-31 Thread Paul van der Vlis
Op 24-03-15 om 21:21 schreef Don Armstrong:
 On Tue, 24 Mar 2015, Paul van der Vlis wrote:
 Op 24-03-15 om 18:38 schreef Paul R. Tagliamonte:

 Unless it allows modification and redistribution of this (and we do so),

 What when the DD who packages it, would package it with the 5 user
 limitation?
 
 If it was actually AGPLed in its entirety, the maintainer would just
 remove code which enforced the 5 user limitation.

Next step would be a friendly question from the developper to remove the
software from Debian.

Do you know an example of software what is distributed by Debian when
it's clear the development team behind it, doesn't want that?

cut

 In any event, without particular licenses 

The license is clear, it's plain AGPL.

 and source files, we're having
 an academic discussion without concrete information or relation to
 Debian, which isn't on topic for debian-legal.

I've spoken to the developer and he does not want the name of his
program into this discussion. In his opinion the question is clear.
He thinks it would make the name of his new program dirty.

I think you can say: Debian does not want any software at this moment
what's not free as in beer.

The problem is, that such software does not fit in any of the existing
repositories. The correct place of this program would be in main, but
people expect free as in beer software there. Myself included.

With regards,
Paul van der Vlis.


-- 
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http://www.vandervlis.nl/




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Re: Free as in speech, but not as in beer

2015-03-31 Thread Don Armstrong
On Tue, 31 Mar 2015, Paul van der Vlis wrote:
 Do you know an example of software what is distributed by Debian when
 it's clear the development team behind it, doesn't want that?

cdrecord is a prominent example, where the developer was vehemently
against Debian distributing it, and also vehemently against distributing
a forked version.

Guess what? Debian distributed it anyway.

 The problem is, that such software does not fit in any of the existing
 repositories. The correct place of this program would be in main,
 but people expect free as in beer software there. Myself included.

main is for software which meets the DFSG. Software which is only
available at no cost but cannot be modified or used without limitation
is not Free Software, and does not meet the DFSG.

The correct place for software which can be distributed by Debian but
does not meet the requirements of the DFSG is non-free.

-- 
Don Armstrong  http://www.donarmstrong.com

Nothing is as inevitable as a mistake whose time has come.
 -- Tussman's Law


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Re: Free as in speech, but not as in beer

2015-03-31 Thread Paul van der Vlis
Op 30-03-15 om 03:33 schreef Riley Baird:

 Do you think RedHat Enterprise Linux is non-free software too?
 https://www.redhat.com/wapps/store/catalog.html
 
 Yes, it is. The trademark restrictions of Red Hat prevent you from
 distributing isos compiled from the source.

So far I know Centos and more vendors are exactly doing that.

 How much work it was, and who the developer is is entirely irrelevant.
 And one more thing - it doesn't matter if you convince debian-legal
 that such a software licensing scheme is acceptable, because we don't
 make the decisions of what goes into the archive. The FTP masters
 decide that, and even then, they too are bound by the constitution.

I think the constitution says that plain AGPL is OK.

 In any case, this only matters if you want the software to go into
 main. You'd *definitely* be able to get it into non-free, and it isn't
 that hard to tell users to edit their /etc/apt/sources.list to add the
 non-free repository. Being only in non-free is nothing to be ashamed
 of. Many of the GNU manuals are there because they use the GFDL with
 invariant sections.

Do you want to put free software into nonfree?

 Also, it's worth noting that most people in the Linux world are not as
 obsessed with freedom as Debian. :) 

Do you mean freedom as in beer?

I think the problem is, that Debian has no repository for this kind of
software.

With regards,
Paul van der Vlis.



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Re: Free as in speech, but not as in beer

2015-03-31 Thread Paul van der Vlis
Op 31-03-15 om 22:40 schreef Paul Tagliamonte:
 Please re-read my last mail on this thread.
 
 This conversation is going in circles.

I bring 4 new points in the discussion in this mail.

1:

 I've spoken to the developer and he does not want the name of his
 program into this discussion. In his opinion the question is clear.
 He thinks it would make the name of his new program dirty.

2:

 I think you can say: Debian does not want any software at this moment
 what's not free as in beer.

3:

 The problem is, that such software does not fit in any of the existing
 repositories. The correct place of this program would be in main, but
 people expect free as in beer software there. Myself included.

4:

 Do you know an example of software what is distributed by Debian when
 it's clear the development team behind it, doesn't want that?

With regards,
Paul van der Vlis.


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Re: Free as in speech, but not as in beer

2015-03-31 Thread Paul Tagliamonte
All of this is outside the scope of -legal. If you want to discuss
this, please bring this to -project.

Thanks.
  Paul

On Tue, Mar 31, 2015 at 5:25 PM, Paul van der Vlis p...@vandervlis.nl wrote:
 Op 31-03-15 om 22:40 schreef Paul Tagliamonte:
 Please re-read my last mail on this thread.

 This conversation is going in circles.

 I bring 4 new points in the discussion in this mail.

 1:

 I've spoken to the developer and he does not want the name of his
 program into this discussion. In his opinion the question is clear.
 He thinks it would make the name of his new program dirty.

 2:

 I think you can say: Debian does not want any software at this moment
 what's not free as in beer.

 3:

 The problem is, that such software does not fit in any of the existing
 repositories. The correct place of this program would be in main, but
 people expect free as in beer software there. Myself included.

 4:

 Do you know an example of software what is distributed by Debian when
 it's clear the development team behind it, doesn't want that?

 With regards,
 Paul van der Vlis.


 --
 Paul van der Vlis Linux systeembeheer, Groningen
 http://www.vandervlis.nl



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Re: Free as in speech, but not as in beer

2015-03-31 Thread Riley Baird
On Tue, 31 Mar 2015 23:06:57 +0200
Paul van der Vlis p...@vandervlis.nl wrote:
 Op 30-03-15 om 03:33 schreef Riley Baird:
 
  Do you think RedHat Enterprise Linux is non-free software too?
  https://www.redhat.com/wapps/store/catalog.html
  
  Yes, it is. The trademark restrictions of Red Hat prevent you from
  distributing isos compiled from the source.
 
 So far I know Centos and more vendors are exactly doing that.

No they aren't. The source that CentOS uses is modified to remove
references to Red Hat.

  How much work it was, and who the developer is is entirely irrelevant.
  And one more thing - it doesn't matter if you convince debian-legal
  that such a software licensing scheme is acceptable, because we don't
  make the decisions of what goes into the archive. The FTP masters
  decide that, and even then, they too are bound by the constitution.
 
 I think the constitution says that plain AGPL is OK.

The constitution refers to licenses, but it has come to be understood
that the upstream interpretation of, *and intentions behind*, the
license forms part of this definition.

For example, PINE had a MIT-style license, but upstream interpreted
this to mean that both modification and distribution were permitted,
but not distribution of modified copies. The solution wasn't to declare
all MIT-style licenses non-free, but rather to declare such licenses
non-free only when applied to PINE.

Before you argue that you are not like PINE, and you are granting full
permissions under the AGPL, and are only making a request, note that
the above case was only cited as precedent for the constitutional
understanding of licenses.

In your case, you are trying to make restrictions without putting them
in the copyright license, and thinking that you can get around the
constitution that way. However, your intention is to apply a
non-legally enforcable restriction that, were it in a license, would
immediately and obviously fail the DFSG, at the expense of Debian's
users. And that you threatened to friendly request that the software
be removed from Debian should we fail to meet your wishes, is evidence
that you are trying to (non-legally) force Debian to adopt a licensing
scheme contrary to its values.

  In any case, this only matters if you want the software to go into
  main. You'd *definitely* be able to get it into non-free, and it isn't
  that hard to tell users to edit their /etc/apt/sources.list to add the
  non-free repository. Being only in non-free is nothing to be ashamed
  of. Many of the GNU manuals are there because they use the GFDL with
  invariant sections.
 
 Do you want to put free software into nonfree?

Not if it's intentionally broken. In that case, I'd rather keep it out
of the archive altogether.

  Also, it's worth noting that most people in the Linux world are not as
  obsessed with freedom as Debian. :) 
 
 Do you mean freedom as in beer?

Yes. Are you happy now?

 I think the problem is, that Debian has no repository for this kind of
 software.

Exactly. We don't. And I think that from the discussion on this thread,
it is obvious that we won't be making one. Go to Ubuntu and try to sell
them on your idea.


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Description: PGP signature


Re: Free as in speech, but not as in beer

2015-03-30 Thread Thibaut Paumard
Hi,

Le 25/03/2015 18:30, Paul van der Vlis a écrit :

 
 They're probably doing some crazy AGPL bits on top of more restrictively
 licensed bits; since they're the copyright holder, they can do that, but
 it may mean that no one else can actually use and/or distribute the
 code.
 
 No, it's plain AGPL v3. But he asks friendly not to remove some code and
 then redistribute.
 

IMHO, a friendly request for a donation would be more effective and less
likely to get removed in a subsequent fork.

The scheme you are suggesting for this software implies that it is free
(as in speech) only because people have the ability to patch a certain
feature out (take the desert island test to see why:
https://wiki.debian.org/DesertIslandTest ). For practical reasons, I
would not want to have a package in Debian that people need to recompile
or pay or whatever other action to use. They get the binary on DVD, they
install it, they use it.

So, for me, free-as-speech implies free-as-in-beer. If it had to be
written in the Social Contract to be clear, I would vote for such an
amendment. I think that answers your initial question, at least as far
as I am concerned.

Kind regards, Thibaut.




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Description: OpenPGP digital signature


Re: Free as in speech, but not as in beer

2015-03-29 Thread Riley Baird
  No, it's plain AGPL v3. But he asks friendly not to remove some code
  and then redistribute.
 
  He can ask, and god luck to him. His goal, though – to arbitrarily limit
  the distribution and concurrent execution of the program – is directly
  opposed to the goals of the Debian Project, which explicitly seeks to
  free Debian recipients from such restrictions.
 
  Where do you see that?  Debian likes licenses like GPL and AGPL.
  
  Yes. Those licenses don't have arbitrary number-of-user limits on the
  work, as this work's copyright holder apparently wants to impose.
 
 I think what you say is not correct. GPL and AGPL does not say anything
 about number-of-user limits in software. For so far I know they say
 nothing about the software itself, only about changing and distributing it.
 
 As a developer, you are free to make limits. And as a user, you are free
 to remove them.
 
 Or do I miss something?

The developers that work on Debian want to give the best possible user
experience. As has been said before, if there is a way that the
limitation can be patched out, it almost certainly eventually will be,
and the patched version will be distributed by Debian.

  It is *well known* that such licenses are not only for programms what
  are free as in free beer. True or not?
  
  Definitely correct. Selling free software is an essential part of
  supporting the development of more free software.
 
  The trick is to make sure the software *is* free while still selling it.
  Attempts to limit how many users can access the program concurrently
  are, if effective, restrictions that make the work non-free.
 
 As in beer. Not as in speach.
 
 Do you think RedHat Enterprise Linux is non-free software too?
 https://www.redhat.com/wapps/store/catalog.html

Yes, it is. The trademark restrictions of Red Hat prevent you from
distributing isos compiled from the source.

  If the restriction is not legally enforcible, and the legally
  enforcible license grants all DFSG freedoms, then that license is at
  odds with the desire to restrict recipients. The expectation must be
  that we will either remove that restriction to benefit Debian
  recipients; or decide that the conflicting expressed wishes are too
  risky, and not include the work in Debian at all.
 
  It's not about risky, it's about being nice.
  
  You can say “it's not about risky”, that doesn't negate the fact that it
  is risky.
  
  I'm pointing out the risk of mutually contradictory expressions from the
  copyright holder: expressing one thing via the chosen license, and
  expressing another by directly contradicting the license. 
 
 No, by friendly asking something what's not contradicting the license.
 Why in the license do you see what you say?

Good luck friendly asking, but Debian will most likely friendly refuse,
and even if Debian doesn't, someone else will.

  The copyright
  holder appears to want recipients not to actually exercise the freedoms
  directly granted in the license.
  
  That's a risk to Debian recipients – the copyright holder expresses a
  desire to act against the freedoms they've nominally granted in the
  license – and it's up to the Debian Project to decide whether that's a
  risk worth taking on.
 
  It's like with imapsync.
  
  Maybe so. I don't know, because you haven't allowed us to compare the
  actual work and grant of license.
  
  It's not me you need to convince, though: I'm pointing out consequences
  of the conditions you are describing.
  
  So far we have only your description of this un-named copyright holder
  of an unspecified work. Until we see the work and the expression of what
  restrictions are imposed, without a screen of vagueness, we can only
  speak in generalities.
  
  Please, if you want a better discussion about this, present the actual
  work for us to inspect, complete with the exact text granting license to
  the recipient.
 
 I've asked the developer, he is thinking about it, and he've asked me in
 the maintime not calling a name.
 
 And he's thinking about removing the 5-user-limit.
 
 This kind of software does not excist for Linux as open source.
 
 He is very experienced developer grown up in the commercial software
 world. For him open source software is very new.
 
 To give an idea: only the manual is over 200 pages, this software was a
 lot of work.

How much work it was, and who the developer is is entirely irrelevant.
And one more thing - it doesn't matter if you convince debian-legal
that such a software licensing scheme is acceptable, because we don't
make the decisions of what goes into the archive. The FTP masters
decide that, and even then, they too are bound by the constitution.

In any case, this only matters if you want the software to go into
main. You'd *definitely* be able to get it into non-free, and it isn't
that hard to tell users to edit their /etc/apt/sources.list to add the
non-free repository. Being only in non-free is nothing to be ashamed
of. Many of the GNU 

Re: Free as in speech, but not as in beer

2015-03-29 Thread Paul van der Vlis
Hi Ben,

Op 26-03-15 om 20:42 schreef Ben Finney:
 Paul van der Vlis p...@vandervlis.nl writes:
 
 Op 26-03-15 om 01:47 schreef Ben Finney:
 Paul van der Vlis p...@vandervlis.nl writes:

 No, it's plain AGPL v3. But he asks friendly not to remove some code
 and then redistribute.

 He can ask, and god luck to him. His goal, though – to arbitrarily limit
 the distribution and concurrent execution of the program – is directly
 opposed to the goals of the Debian Project, which explicitly seeks to
 free Debian recipients from such restrictions.

 Where do you see that?  Debian likes licenses like GPL and AGPL.
 
 Yes. Those licenses don't have arbitrary number-of-user limits on the
 work, as this work's copyright holder apparently wants to impose.

I think what you say is not correct. GPL and AGPL does not say anything
about number-of-user limits in software. For so far I know they say
nothing about the software itself, only about changing and distributing it.

As a developer, you are free to make limits. And as a user, you are free
to remove them.

Or do I miss something?

 It is *well known* that such licenses are not only for programms what
 are free as in free beer. True or not?
 
 Definitely correct. Selling free software is an essential part of
 supporting the development of more free software.

 The trick is to make sure the software *is* free while still selling it.
 Attempts to limit how many users can access the program concurrently
 are, if effective, restrictions that make the work non-free.

As in beer. Not as in speach.

Do you think RedHat Enterprise Linux is non-free software too?
https://www.redhat.com/wapps/store/catalog.html

 If the restriction is not legally enforcible, and the legally
 enforcible license grants all DFSG freedoms, then that license is at
 odds with the desire to restrict recipients. The expectation must be
 that we will either remove that restriction to benefit Debian
 recipients; or decide that the conflicting expressed wishes are too
 risky, and not include the work in Debian at all.

 It's not about risky, it's about being nice.
 
 You can say “it's not about risky”, that doesn't negate the fact that it
 is risky.
 
 I'm pointing out the risk of mutually contradictory expressions from the
 copyright holder: expressing one thing via the chosen license, and
 expressing another by directly contradicting the license. 

No, by friendly asking something what's not contradicting the license.
Why in the license do you see what you say?

 The copyright
 holder appears to want recipients not to actually exercise the freedoms
 directly granted in the license.
 
 That's a risk to Debian recipients – the copyright holder expresses a
 desire to act against the freedoms they've nominally granted in the
 license – and it's up to the Debian Project to decide whether that's a
 risk worth taking on.

 It's like with imapsync.
 
 Maybe so. I don't know, because you haven't allowed us to compare the
 actual work and grant of license.
 
 It's not me you need to convince, though: I'm pointing out consequences
 of the conditions you are describing.
 
 So far we have only your description of this un-named copyright holder
 of an unspecified work. Until we see the work and the expression of what
 restrictions are imposed, without a screen of vagueness, we can only
 speak in generalities.
 
 Please, if you want a better discussion about this, present the actual
 work for us to inspect, complete with the exact text granting license to
 the recipient.

I've asked the developer, he is thinking about it, and he've asked me in
the maintime not calling a name.

And he's thinking about removing the 5-user-limit.

This kind of software does not excist for Linux as open source.

He is very experienced developer grown up in the commercial software
world. For him open source software is very new.

To give an idea: only the manual is over 200 pages, this software was a
lot of work.

With regards,
Paul van der Vlis.



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Re: Free as in speech, but not as in beer

2015-03-28 Thread Florian Weimer
* Riley Baird:

 The DD would not be allowed to package it with a 5 user limitation,
 because then the DD would be imposing a restriction on the software,
 not the upstream author.

This is not quite correct.  The user limit would just be a bug,
subject to the usual bug fixing procedures in Debian.

I'm sure we have a lot of software in Debian with similar limits,
although they are usually emerging properties of the entire
application, and cannot be patched away easily.


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Re: Free as in speech, but not as in beer

2015-03-26 Thread Miriam Ruiz
2015-03-26 10:57 GMT+01:00 Paul van der Vlis p...@vandervlis.nl:
 Op 25-03-15 om 21:00 schreef Riley Baird:
 They're probably doing some crazy AGPL bits on top of more restrictively
 licensed bits; since they're the copyright holder, they can do that, but
 it may mean that no one else can actually use and/or distribute the
 code.

 No, it's plain AGPL v3. But he asks friendly not to remove some code and
 then redistribute.

 Social Contract Section 4: Our priorities are our **users** and free
 software

 Both. Not users more then free software.

And adding artificial restrictions to software that harm our users,
even when it might benefit upstream, will not help either our users
nor free software, despite what might be argued that benefiting
upstream could indirectly help the software they produce.

But, regardless of abstract debates, this is what I consider the most
likely outcome of such situation, if it ever appears. Imagine someone
packages the software including that restriction and uploads it to the
archive. If someone uses the software, it is quite likely that some
user will file a bug request asking the maintainers to remove that
particular restriction, In the case that the developer refuses to
remove the restriction, what I would expect is a flame that will
eventually end up in the CTTE intervening or a GR, because I'm sure
that not all DDs will see such a situation with good eyes. In fact, as
Walter Landry said, there's precedent of such kind of restrictions
being removed for our users' sake, for example the case of xpdf. In
the end, I would eventually expect that the restriction would be
removed. And, even in the unpredictable case that Debian kept it,
Ubuntu, Mint and any other derivatives could also remove it on their
own, they don't need Debian's permission to do so.

As I said (and this doesn't have anything to do with Debian, per se),
I don't think in the end that might be a sustainable business model,
sorry.

Greetings,
Miry


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Re: Free as in speech, but not as in beer

2015-03-26 Thread Paul van der Vlis
Op 25-03-15 om 21:00 schreef Riley Baird:
 They're probably doing some crazy AGPL bits on top of more restrictively
 licensed bits; since they're the copyright holder, they can do that, but
 it may mean that no one else can actually use and/or distribute the
 code.

 No, it's plain AGPL v3. But he asks friendly not to remove some code and
 then redistribute.
 
 Social Contract Section 4: Our priorities are our **users** and free
 software

Both. Not users more then free software.

With regards,
Paul.




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Re: Free as in speech, but not as in beer

2015-03-26 Thread Paul van der Vlis
Op 26-03-15 om 01:47 schreef Ben Finney:
 Paul van der Vlis p...@vandervlis.nl writes:
 
 No, it's plain AGPL v3. But he asks friendly not to remove some code
 and then redistribute.
 
 He can ask, and god luck to him. His goal, though – to arbitrarily limit
 the distribution and concurrent execution of the program – is directly
 opposed to the goals of the Debian Project, which explicitly seeks to
 free Debian recipients from such restrictions.

Where do you see that?  Debian likes licenses like GPL and AGPL.

It is *well known* that such licenses are not only for programms what
are free as in free beer. True or not?

 The copyright holder either wants their work (including modified
 versions) to be freely distributed to, *and distributed by*, any
 recipients of Debian; or they don't want that.

It depends on the modidfications.

 If the restriction legally enforcible, such as in a copyright condition,
 then the copyright holder's expressed wishes will be satisfied because
 Debian cannot contain the work at all.

That's not the case.

 If the restriction is not legally enforcible, and the legally enforcible
 license grants all DFSG freedoms, then that license is at odds with the
 desire to restrict recipients. The expectation must be that we will
 either remove that restriction to benefit Debian recipients; or decide
 that the conflicting expressed wishes are too risky, and not include the
 work in Debian at all.

It's not about risky, it's about being nice. It's like with imapsync.

Imapsync is a program what was many years in Debian. The maker tries to
make some money with it for a living so he sells it from his website,
but you can find it for free too. He uses a strange license what says
that you may do everything you want with the sources. The software is
removed from Debian because he did not really like it that it was in
Debian. I think because the people did not pay because they did not see
his website. For me as a Debian and Imapsync user it's very pitty that
it was removed from Debian.

With regards,
Paul van der Vlis.


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Re: Free as in speech, but not as in beer

2015-03-26 Thread Ben Finney
Paul van der Vlis p...@vandervlis.nl writes:

 Op 26-03-15 om 01:47 schreef Ben Finney:
  Paul van der Vlis p...@vandervlis.nl writes:
  
  No, it's plain AGPL v3. But he asks friendly not to remove some code
  and then redistribute.
  
  He can ask, and god luck to him. His goal, though – to arbitrarily limit
  the distribution and concurrent execution of the program – is directly
  opposed to the goals of the Debian Project, which explicitly seeks to
  free Debian recipients from such restrictions.

 Where do you see that?  Debian likes licenses like GPL and AGPL.

Yes. Those licenses don't have arbitrary number-of-user limits on the
work, as this work's copyright holder apparently wants to impose.

 It is *well known* that such licenses are not only for programms what
 are free as in free beer. True or not?

Definitely correct. Selling free software is an essential part of
supporting the development of more free software.

The trick is to make sure the software *is* free while still selling it.
Attempts to limit how many users can access the program concurrently
are, if effective, restrictions that make the work non-free.

  If the restriction is not legally enforcible, and the legally
  enforcible license grants all DFSG freedoms, then that license is at
  odds with the desire to restrict recipients. The expectation must be
  that we will either remove that restriction to benefit Debian
  recipients; or decide that the conflicting expressed wishes are too
  risky, and not include the work in Debian at all.

 It's not about risky, it's about being nice.

You can say “it's not about risky”, that doesn't negate the fact that it
is risky.

I'm pointing out the risk of mutually contradictory expressions from the
copyright holder: expressing one thing via the chosen license, and
expressing another by directly contradicting the license. The copyright
holder appears to want recipients not to actually exercise the freedoms
directly granted in the license.

That's a risk to Debian recipients – the copyright holder expresses a
desire to act against the freedoms they've nominally granted in the
license – and it's up to the Debian Project to decide whether that's a
risk worth taking on.

 It's like with imapsync.

Maybe so. I don't know, because you haven't allowed us to compare the
actual work and grant of license.

It's not me you need to convince, though: I'm pointing out consequences
of the conditions you are describing.

So far we have only your description of this un-named copyright holder
of an unspecified work. Until we see the work and the expression of what
restrictions are imposed, without a screen of vagueness, we can only
speak in generalities.

Please, if you want a better discussion about this, present the actual
work for us to inspect, complete with the exact text granting license to
the recipient.

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Re: Free as in speech, but not as in beer

2015-03-25 Thread Paul van der Vlis
Op 24-03-15 om 21:21 schreef Don Armstrong:
 On Tue, 24 Mar 2015, Paul van der Vlis wrote:
 Op 24-03-15 om 18:38 schreef Paul R. Tagliamonte:

 Unless it allows modification and redistribution of this (and we do so),

 What when the DD who packages it, would package it with the 5 user
 limitation?
 
 If it was actually AGPLed in its entirety, the maintainer would just
 remove code which enforced the 5 user limitation.
 
 On Tue, 24 Mar 2015, Paul van der Vlis wrote:
 I choose not to name it at the moment.
 
 Based on the facts, you're probably talking about Servoy.[1]

No, it's other software. It's very new.

 They're probably doing some crazy AGPL bits on top of more restrictively
 licensed bits; since they're the copyright holder, they can do that, but
 it may mean that no one else can actually use and/or distribute the
 code.

No, it's plain AGPL v3. But he asks friendly not to remove some code and
then redistribute.

 In any event, without particular licenses and source files, we're having
 an academic discussion without concrete information or relation to
 Debian, which isn't on topic for debian-legal.
 
 1: https://wiki.servoy.com/display/DOCS/Open+Source+FAQ

I've asked the developper if he likes the name of the software in this
discussion. He is thinking about it.

With regards,
Paul van der Vlis.

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Re: Free as in speech, but not as in beer

2015-03-25 Thread Riley Baird
  They're probably doing some crazy AGPL bits on top of more restrictively
  licensed bits; since they're the copyright holder, they can do that, but
  it may mean that no one else can actually use and/or distribute the
  code.
 
 No, it's plain AGPL v3. But he asks friendly not to remove some code and
 then redistribute.

Social Contract Section 4: Our priorities are our **users** and free
software

We will be guided by the needs of our users and the free software
community. We will place their interests first in our priorities. We
will support the needs of our users for operation in **many different
kinds of computing environments**. We will not object to non-free works
that are intended to be used on Debian systems, or **attempt to charge
a fee to people who create or use such works**. We will allow others to
create distributions containing both the Debian system and other works,
without any fee from us. In furtherance of these goals, we will provide
an integrated system of high-quality materials with no legal
restrictions that would prevent such uses of the system.


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Re: Free as in speech, but not as in beer

2015-03-25 Thread Ben Finney
Paul van der Vlis p...@vandervlis.nl writes:

 No, it's plain AGPL v3. But he asks friendly not to remove some code
 and then redistribute.

He can ask, and god luck to him. His goal, though – to arbitrarily limit
the distribution and concurrent execution of the program – is directly
opposed to the goals of the Debian Project, which explicitly seeks to
free Debian recipients from such restrictions.

The copyright holder either wants their work (including modified
versions) to be freely distributed to, *and distributed by*, any
recipients of Debian; or they don't want that.

If the restriction legally enforcible, such as in a copyright condition,
then the copyright holder's expressed wishes will be satisfied because
Debian cannot contain the work at all.

If the restriction is not legally enforcible, and the legally enforcible
license grants all DFSG freedoms, then that license is at odds with the
desire to restrict recipients. The expectation must be that we will
either remove that restriction to benefit Debian recipients; or decide
that the conflicting expressed wishes are too risky, and not include the
work in Debian at all.

Does that help?

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Re: Free as in speech, but not as in beer

2015-03-24 Thread Walter Landry
Paul van der Vlis p...@vandervlis.nl wrote:
 Hello Miriam,
 
 Op 24-03-15 om 21:05 schreef Miriam Ruiz:
 2015-03-24 20:04 GMT+01:00 Paul van der Vlis p...@vandervlis.nl:
 Op 24-03-15 om 18:38 schreef Paul R. Tagliamonte:

 Unless it allows modification and redistribution of this (and we do so),

 What when the DD who packages it, would package it with the 5 user
 limitation?
 
 If the 5 user limitation is a requirement, then the license is
 definitely not DFSG-free (and, also, they would have to figure out how
 to manage the contradiction between this limitation and the AGPL).
 Depending on the license, it might go to non-free, though.
 
 The 5 user limitation is something in the software, but because it's
 AGPL it's not forbidden to remove it. But I think the developer would
 ask friendly to remove a version without the limitation from Debian.

If anyone actually used the software, I think the limitation would be
quickly removed.  As a historical example, xpdf, as distributed by
the developer, prevented copy and paste from documents that were
marked read-only.  The Debian maintainer removed that feature.

Cheers,
Walter Landry


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Re: Free as in speech, but not as in beer

2015-03-24 Thread Jeff Epler
On Tue, Mar 24, 2015 at 04:42:08PM +0100, Paul van der Vlis wrote:
 Hello,
 
 Is there in Debian room for a program what's free as in speech (AGPL)
 but not as in beer?

Debian contains software in main which is covered by the AGPLv3.  In
2008, Joerg Jaspert wrote on behalf of the ftpmasters and ftp-team:

The short summary is: We think that works licensed under the AGPL can
go into main. (Provided they don't have any other problems).
https://lists.debian.org/debian-legal/2008/11/msg00097.html

However, software with a specific restriction you mention,
 The program wants a fee when you create more then 5 users.
 It's a program for enterprises.
is unlikely to be DFSG-free if it is prohibited to remove the specific
restriction.

If you are talking about a specific piece of software, please name it
and post its license so that we know what we are discussing.

Jeff


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Re: Free as in speech, but not as in beer

2015-03-24 Thread Paul van der Vlis
Op 24-03-15 om 18:38 schreef Paul R. Tagliamonte:

 Unless it allows modification and redistribution of this (and we do so),
 its not dfsg free.

Modefication and redistributing is allowed because it's pure AGPL v.3.

But the creator would not like it when the 5-user restriction would be
removed and then redistributed by Debian, I expect.

( When some organizations with less money would do that themselves, it
would not be a problem. )

Is this the way Debian handles programs what are not free as in beer?

With regards,
Paul van der Vlis.

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Free as in speech, but not as in beer

2015-03-24 Thread Paul van der Vlis
Hello,

Is there in Debian room for a program what's free as in speech (AGPL)
but not as in beer?

The program wants a fee when you create more then 5 users.
It's a program for enterprises.

You can change the sources, but you will understand that the makers hope
to get some money for the further development of the program.

I am not sure I would like it when many programs in Debian would do
this. But I don't see problems in the DFSG or in the legal-FAQ.

What's your opinion?

Are there already programs in Debian what are not free as in beer?

Maybe we must change the DFSG to say we want only programs what are
free as in beer ?

With regards,
Paul van der Vlis.



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Re: Free as in speech, but not as in beer

2015-03-24 Thread Riley Baird
On Tue, 24 Mar 2015 20:04:36 +0100
Paul van der Vlis p...@vandervlis.nl wrote:
 Op 24-03-15 om 18:38 schreef Paul R. Tagliamonte:
 
  Unless it allows modification and redistribution of this (and we do so),
 
 What when the DD who packages it, would package it with the 5 user
 limitation?

The DD would not be allowed to package it with a 5 user limitation,
because then the DD would be imposing a restriction on the software,
not the upstream author.

Also, as far as I can tell, a 5 user limitation would contradict the
AGPL. Or is the 5 user limitation only a recommendation?


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Re: Free as in speech, but not as in beer

2015-03-24 Thread Paul van der Vlis
Op 24-03-15 om 18:38 schreef Paul R. Tagliamonte:

 Unless it allows modification and redistribution of this (and we do so),

What when the DD who packages it, would package it with the 5 user
limitation?

With regards,
Paul van der Vlis.


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Re: Free as in speech, but not as in beer

2015-03-24 Thread Miriam Ruiz
2015-03-24 20:04 GMT+01:00 Paul van der Vlis p...@vandervlis.nl:
 Op 24-03-15 om 18:38 schreef Paul R. Tagliamonte:

 Unless it allows modification and redistribution of this (and we do so),

 What when the DD who packages it, would package it with the 5 user
 limitation?

If the 5 user limitation is a requirement, then the license is
definitely not DFSG-free (and, also, they would have to figure out how
to manage the contradiction between this limitation and the AGPL).
Depending on the license, it might go to non-free, though.

If it is not a requirement, but a suggestion, like please, be nice,
our business odel depends on the fact that the software is published
with this limitation, then I think they should probably rethink their
business model, because it is quite likely not going to work.

And, even if some developer would upload it with that limitation,
someone will likely file a bug request to remove it, and they will
have to eventually remove it anyway. Keep in mind, from the Social
Contract, that Our Priorities are Our Users and Free Software.

Greetings,
Miry


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Re: Free as in speech, but not as in beer

2015-03-24 Thread Don Armstrong
On Tue, 24 Mar 2015, Paul van der Vlis wrote:
 Op 24-03-15 om 18:38 schreef Paul R. Tagliamonte:
 
  Unless it allows modification and redistribution of this (and we do so),
 
 What when the DD who packages it, would package it with the 5 user
 limitation?

If it was actually AGPLed in its entirety, the maintainer would just
remove code which enforced the 5 user limitation.

On Tue, 24 Mar 2015, Paul van der Vlis wrote:
 I choose not to name it at the moment.

Based on the facts, you're probably talking about Servoy.[1]

They're probably doing some crazy AGPL bits on top of more restrictively
licensed bits; since they're the copyright holder, they can do that, but
it may mean that no one else can actually use and/or distribute the
code.

In any event, without particular licenses and source files, we're having
an academic discussion without concrete information or relation to
Debian, which isn't on topic for debian-legal.

1: https://wiki.servoy.com/display/DOCS/Open+Source+FAQ
-- 
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If everything seems to be going well, you have obviously overlooked
something.
 -- Steven Wright


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Re: Free as in speech, but not as in beer

2015-03-24 Thread Paul R. Tagliamonte
On Mar 24, 2015 1:17 PM, Jeff Epler jep...@unpythonic.net wrote:

 On Tue, Mar 24, 2015 at 04:42:08PM +0100, Paul van der Vlis wrote:
  Hello,
 
  Is there in Debian room for a program what's free as in speech (AGPL)
  but not as in beer?

 Debian contains software in main which is covered by the AGPLv3.  In
 2008, Joerg Jaspert wrote on behalf of the ftpmasters and ftp-team:

 The short summary is: We think that works licensed under the AGPL can
 go into main. (Provided they don't have any other problems).
 https://lists.debian.org/debian-legal/2008/11/msg00097.html

 However, software with a specific restriction you mention,
  The program wants a fee when you create more then 5 users.
  It's a program for enterprises.
 is unlikely to be DFSG-free if it is prohibited to remove the specific
 restriction.

Unless it allows modification and redistribution of this (and we do so),
its not dfsg free.


 If you are talking about a specific piece of software, please name it
 and post its license so that we know what we are discussing.

 Jeff


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Re: Free as in speech, but not as in beer

2015-03-24 Thread Paul van der Vlis
Op 24-03-15 om 17:51 schreef Jeff Epler:
 On Tue, Mar 24, 2015 at 04:42:08PM +0100, Paul van der Vlis wrote:
 Hello,

 Is there in Debian room for a program what's free as in speech (AGPL)
 but not as in beer?
 
 Debian contains software in main which is covered by the AGPLv3.  In
 2008, Joerg Jaspert wrote on behalf of the ftpmasters and ftp-team:
 
 The short summary is: We think that works licensed under the AGPL can
 go into main. (Provided they don't have any other problems).
 https://lists.debian.org/debian-legal/2008/11/msg00097.html
 
 However, software with a specific restriction you mention,
  The program wants a fee when you create more then 5 users.
  It's a program for enterprises.
 is unlikely to be DFSG-free if it is prohibited to remove the specific
 restriction.
 
 If you are talking about a specific piece of software, please name it
 and post its license so that we know what we are discussing.

I choose not to name it at the moment. There are no concrete plans to
package it. I am only interested if it would be possible.

The license is AGPL version 3 without any restriction, like here:
https://www.gnu.org/licenses/agpl.html

With regards,
Paul van der Vlis.


-- 
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Re: Free as in speech, but not as in beer

2015-03-24 Thread Paul Tagliamonte
[Right, so I'm with Don; concrete examples here help]

This is not the opinion of any organization I'm in, this is purely my
reading.

General notes I'm going to leave here because folks who think this way
can skip it and see my reading


 - DFSG freenes is applied to *licenses*. Notice everything in the DFSG
   starts with 'the license'. Software freeness is kinda a silly
   concept, and we should rather think about User freeness. Licenses
   that define redistribution protect users, not software. We therefore
   regulate and talk about licenses, not software (directly)

  - DFSG tests are to be applied to licenses, not software.


On Tue, Mar 24, 2015 at 07:23:32PM +0100, Paul van der Vlis wrote:
 Op 24-03-15 om 18:38 schreef Paul R. Tagliamonte:
  Unless it allows modification and redistribution of this (and we do so),
  its not dfsg free.
 
 Modefication and redistributing is allowed because it's pure AGPL v.3.

If it's pure AGPL; it's a DFSG free work. As far as I'm concerened, this
is the end of the story. What we do and do not patch, well, that's up to
the maintainer.

It's worth verifying that the license is in fact pure AGPL, and not
'freemium' or 'open core'.

 But the creator would not like it when the 5-user restriction would be
 removed and then redistributed by Debian, I expect.

This is partially a troll, but mostly to drive home a point.

Technically speaking, I don't have a problem with leaving it in.
The big objection that I'm going to feel here is that it restricts
use of the software -- but this is *not* present in the license,
rather, it's implemented in code, in a work that is DFSG free, and
may be patched out without issue.

I don't think a *feature* that's part of a DFSG free work that
infringes on user freedom inherently causes a DFSG freeness issue.

I do, however, strongly believe that this messes with the spirit of the
license, and I wish the author would find an alternate monetization
technique, rather than trying to *create* a power dynamic that free
software intends to solve (namely; subjecting users to a single central
entity to their rules by denying them freedom)

 ( When some organizations with less money would do that themselves, it
 would not be a problem. )
 
 Is this the way Debian handles programs what are not free as in beer?

We have no mechanism to charge users for programs. Some may say this is
a feature, others might claim it's a failure.

I do, however, believe that some of this is not entirely about DFSG
freenes, but the spirit of what we're doing in Debian - namely, how is
this work adding to liberated users.

 With regards,
 Paul van der Vlis.


Toodles,
  Paul

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Re: Free as in speech, but not as in beer

2015-03-24 Thread Paul van der Vlis
Hello Miriam,

Op 24-03-15 om 21:05 schreef Miriam Ruiz:
 2015-03-24 20:04 GMT+01:00 Paul van der Vlis p...@vandervlis.nl:
 Op 24-03-15 om 18:38 schreef Paul R. Tagliamonte:

 Unless it allows modification and redistribution of this (and we do so),

 What when the DD who packages it, would package it with the 5 user
 limitation?
 
 If the 5 user limitation is a requirement, then the license is
 definitely not DFSG-free (and, also, they would have to figure out how
 to manage the contradiction between this limitation and the AGPL).
 Depending on the license, it might go to non-free, though.

The 5 user limitation is something in the software, but because it's
AGPL it's not forbidden to remove it. But I think the developer would
ask friendly to remove a version without the limitation from Debian.

 If it is not a requirement, but a suggestion, like please, be nice,
 our business odel depends on the fact that the software is published
 with this limitation, then I think they should probably rethink their
 business model, because it is quite likely not going to work.

Not sure, I think it's an interesting experiment.
E.g. RedHat earns money with open source software too.

 And, even if some developer would upload it with that limitation,
 someone will likely file a bug request to remove it, and they will
 have to eventually remove it anyway. 

Why?  So far I see it's DFSG-free.

 Keep in mind, from the Social
 Contract, that Our Priorities are Our Users and Free Software.

It's about distributing free software. And for the users it's nice that
it's packaged.

But, I am not sure if I would like it to have paid software in Debian,
maybe Debian should not only free as in speech, but also free as in
beer.

With regards,
Paul van der Vlis.


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