Re: Fwd: Libranet (Debian derivate) requires $10 membership

2000-08-07 Thread Edmund GRIMLEY EVANS
Henning Makholm [EMAIL PROTECTED] :

  Isn't this a huge violation of the GPL ??
 
 It seems to be. Their decision only to distribute to people who agree
 to pay them $10 is, of course, perfectly fine, but they also say:
 
You may freely download and use this distribution for any purpose with
   the exception that you may not sell or distribute this iso image
  without prior permission from Libra Computer Systems Ltd.
  The programs contained within the Libranet distribution have been
 released under several different licenses, mostly under the GPL. For
more information read each program's respective documentation.
 
 I understand here that the ISO image they distribute contains GPL'ed
 programs. Thus if the image is a copyrightable work in itself (and I
 think it is, as an aggregate work), it is a work based on those GPL'ed
 program and hence (by GPL clause 2b) they must license their aggregate
 copyright under GPL. Thus they must not restrict their customers from
 selling or redistributing the image.

See this paragraph in the GPL:

  In addition, mere aggregation of another work not based on the Program
  with the Program (or with a work based on the Program) on a volume of
  a storage or distribution medium does not bring the other work under
  the scope of this License.

Putting GPL and non-GPL code in the same iso image looks to me like an
example of mere aggregation, so my guess is that even if Libranet's
current wording violates the GPL, they could achieve the same effect
by adopting a different wording: instead of saying that The Libranet
iso image is copyright 2000 Libra Computer Systems Ltd and that they
are not giving permission to do XYZ, they could instead say that the
Libranet iso image contains material that is copyright 2000 Libra
Computer Systems Ltd and that they are not giving permission to do
XYZ.

However, this change may be unnecessary. It's highly probably that
Libranet would have a valid copyright over the iso image even if the
image contained only GPL programs, as the selection and arrangement
could itself constitute a work to which copyright is applicable.

However, I'm not a lawyer.

By the way, I think it would be bad for Debian if what Libranet is
doing were to turn out to be illegal.

Edmund



Re: Fwd: Libranet (Debian derivate) requires $10 membership

2000-08-07 Thread William T Wilson
On Mon, 7 Aug 2000, Edmund GRIMLEY EVANS wrote:

 You may freely download and use this distribution for any purpose with
the exception that you may not sell or distribute this iso image
   without prior permission from Libra Computer Systems Ltd.
...
 However, this change may be unnecessary. It's highly probably that
 Libranet would have a valid copyright over the iso image even if the

It looks to me like Libranet is trying to confuse users and fool them into
thinking that the software itself is property of Libranet.  While Libranet
is not claiming rights over the software itself (just the ISO image, which
they do have rights to), 90% of the people that use the software won't
realize this.  For example, you could copy all the files on the CD into a
.tar file and distribute that, but few people will realize it.  All their
license really prohibits is verbatim copying of the CD-ROM.

I don't think the GPL really addresses the idea of licensing of a
collection of software as a whole.  It seems to have been designed with
the premise that no matter how it was distributed, the actual GPL-licensed
software would always be free.

 By the way, I think it would be bad for Debian if what Libranet is
 doing were to turn out to be illegal.

Why?



Fwd: Libranet (Debian derivate) requires $10 membership

2000-07-10 Thread Bruce J. Perens

-- Forwarded Message --

Hi Bruce,

Just stumbled upon this :

--- Quote from 
http://www.libranet.com/do
wnload.html ---
This download is provided 
free to members of 
Libranet. 
If, after installing Libranet, 
you decide to keep it, then 
you must
become a member.
[ ... ]
You become a part of the 
rapidly growing Libranet 
community. The cost
of membership is only 
us$10.00. A real bargain.
--- End quote 

Isn't this a huge violation of 
the GPL ??

-- 
Best regards,
David Jack Olrik 
[EMAIL PROTECTED] 
http://david.olrik.dk
GnuPG key C290 0A4A 0CCC 
CBA8 2B37 E18D 01D2 F6EF 
2E61 9894
[ GNU Software: 'The source 
will be with you ... Always!' ]




Re: Fwd: Libranet (Debian derivate) requires $10 membership

2000-07-10 Thread Peter S Galbraith

Bruce J. Perens wrote:

--- Quote from http://www.libranet.com/download.html ---
 If, after installing Libranet, you decide to keep it, then you
 must become a member.  [ ... ] You become a part of the rapidly
 growing Libranet community. The cost of membership is only
 us$10.00.

Worse than that.  The `collection' as an ISO image cannot be sold
or redistributed.  

Take a stack of GPLed programs, combine them with one of their
own non-GPLed programs and make the whole non-redistributable?
I'd be inclined to look through it for some of my code and demand
that they remove it from their ISO image.

 Copyright Information

  The Libranet iso image is copyright 2000 Libra Computer Systems
  Ltd.  The programs contained within the Libranet distribution
  are copyright of their respective owners.  You may freely
  download and use this distribution for any purpose with the
  exception that you may not sell or distribute this iso image
  without prior permission from Libra Computer Systems Ltd.  The
  programs contained within the Libranet distribution have been
  released under several different licenses, mostly under the
  GPL. For more information read each program's respective
  documentation.

Peter



Re: Fwd: Libranet (Debian derivate) requires $10 membership

2000-07-10 Thread Henning Makholm
Scripsit [EMAIL PROTECTED] (Bruce J. Perens)

 --- Quote from 
 http://www.libranet.com/download.html ---
 This download is provided free to members of Libranet. 
 If, after installing Libranet, you decide to keep it, then you must
 become a member.
 [ ... ]
 You become a part of the rapidly growing Libranet community. The cost
 of membership is only us$10.00. A real bargain.
 --- End quote 

 Isn't this a huge violation of the GPL ??

It seems to be. Their decision only to distribute to people who agree
to pay them $10 is, of course, perfectly fine, but they also say:

   You may freely download and use this distribution for any purpose with
  the exception that you may not sell or distribute this iso image
 without prior permission from Libra Computer Systems Ltd.
 The programs contained within the Libranet distribution have been
released under several different licenses, mostly under the GPL. For
   more information read each program's respective documentation.

I understand here that the ISO image they distribute contains GPL'ed
programs. Thus if the image is a copyrightable work in itself (and I
think it is, as an aggregate work), it is a work based on those GPL'ed
program and hence (by GPL clause 2b) they must license their aggregate
copyright under GPL. Thus they must not restrict their customers from
selling or redistributing the image.

-- 
Henning Makholm  The compile-time type checker for this
   language has proved to be a valuable filter which
  traps a significant proportion of programming errors.