Re: Liberation Font License revisited

2008-04-27 Thread Hendrik Weimer
Francesco Poli [EMAIL PROTECTED] writes:

 On Sat, 26 Apr 2008 21:41:08 +0200 Hendrik Weimer wrote:

 Francesco Poli [EMAIL PROTECTED] writes:
 [...]
  Did you point RMS' message [4] out to the FSF when you contacted them?
 
 I did.

 And how did they explain the difference in their conclusions?!?

They didn't. However, I am not sure whether RMS's message can be
considered as official position of the FSF.

 As far as I can see, the main argument against this license here on
 debian-legal was that the FSF (or RMS) had considered such licenses to
 be invalid.

 I don't think this is an accurate summary of the debian-legal
 discussion on the topic.

 The main argument was that the license (GPLv2 + restrictions) is
 self-contradictory and thus invalid.
 This conclusion was *confirmed* by RMS, who basically brought the same
 argument.  However, I think the argument holds even if RMS and/or the
 FSF change(s) his/their mind(s) afterwards, unless he/they bring(s) new
 data to support his/their new opposite conclusion...

As was already pointed out in the previous thread, this interpretation
relies on that the no further restrictions clause applies to GPLv2 +
restrictions, not to GPLv2 alone.

I fully agree with you that the Liberation Font license is
sub-optimal, however I do not see a scenario where distribution of the
fonts by Debian led to legal trouble or a violation of the DFSG. Can
you think of such a situation?

Hendrik


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Re: Liberation Font License revisited

2008-04-27 Thread Francesco Poli
On Sun, 27 Apr 2008 12:56:25 +0200 Hendrik Weimer wrote:

 Francesco Poli [EMAIL PROTECTED] writes:
 
  On Sat, 26 Apr 2008 21:41:08 +0200 Hendrik Weimer wrote:
 
  Francesco Poli [EMAIL PROTECTED] writes:
  [...]
   Did you point RMS' message [4] out to the FSF when you contacted them?
  
  I did.
 
  And how did they explain the difference in their conclusions?!?
 
 They didn't. However, I am not sure whether RMS's message can be
 considered as official position of the FSF.

I would say quite official...
There have been cases in the past where RMS censored GNU developers'
diverging opinions.  E.g.: a GNU developer (Thomas Bushnell) was
dismissed by RMS for having publicly spoken against the GFDL
(see http://lwn.net/Articles/59147/ and
http://lists.softwarelibero.it/pipermail/discussioni/2003-November/008465.html).

[...]
  The main argument was that the license (GPLv2 + restrictions) is
  self-contradictory and thus invalid.
  This conclusion was *confirmed* by RMS, who basically brought the same
  argument.  However, I think the argument holds even if RMS and/or the
  FSF change(s) his/their mind(s) afterwards, unless he/they bring(s) new
  data to support his/their new opposite conclusion...
 
 As was already pointed out in the previous thread, this interpretation
 relies on that the no further restrictions clause applies to GPLv2 +
 restrictions, not to GPLv2 alone.

I've already explained (in the cited old debian-legal thread) why I
don't think this interpretation is backed by the actual GPLv2 text.

 
 I fully agree with you that the Liberation Font license is
 sub-optimal, however I do not see a scenario where distribution of the
 fonts by Debian led to legal trouble or a violation of the DFSG. Can
 you think of such a situation?

*If* my analysis is correct, we do not have *any* valid license to
distribute (let alone modify) those fonts.
Hence there may be legal troubles, namely copyright violation issues,
in distributing them.  This makes them unsuitable even for the non-free
archive!

One could say that the intention of Red Hat to grant a redistribution
(and modification) permission is clear, but in fact it is *not* clear
*at all*, being self-contradictory!
So, once again, I don't think we have a valid license to redistribute
(and/or modify) those fonts...


As usual: IANAL, TINLA, IANADD, TINASOTODP.

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Liberation Font License revisited

2008-04-26 Thread Hendrik Weimer
Hello,

I've spent some time on the Liberation font license mess [1], here are
my results. Red Hat's Tom Callaway (who is responsible for dealing
with such licensing issues) stated that according to the FSF the
license was free but GPL-incompatible [2]. I contacted the FSF to
further clarify on the alleged contradiction in the terms. The reply I
got says that the FSF considers this to be a valid license:

'We believe it would have been far clearer if Red Hat had created,
say, the Liberation Font License with their extra conditions.
However, since they are the copyright holders, they are within their
rights to do it the way they did.'

This should make this license acceptable for Debian, right?

Best regards,

Hendrik Weimer

[1] http://www.mail-archive.com/debian-legal@lists.debian.org/msg36584.html
[2] https://bugzilla.redhat.com/show_bug.cgi?id=253774#c7

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Re: Liberation Font License revisited

2008-04-26 Thread Francesco Poli
On Sat, 26 Apr 2008 14:18:15 +0200 Hendrik Weimer wrote:

 Hello,
 
 I've spent some time on the Liberation font license mess [1],

Thanks for doing that!
It is really appreciated.

 here are
 my results. Red Hat's Tom Callaway (who is responsible for dealing
 with such licensing issues) stated that according to the FSF the
 license was free but GPL-incompatible [2]. I contacted the FSF to
 further clarify on the alleged contradiction in the terms. The reply I
 got says that the FSF considers this to be a valid license:
 
 'We believe it would have been far clearer if Red Hat had created,
 say, the Liberation Font License with their extra conditions.
 However, since they are the copyright holders, they are within their
 rights to do it the way they did.'

It seems the FSF is becoming less credible everyday...   :-(

I think they are applying a double standard here: when the authors of a
teTeX package add a restriction to the GNU GPL v2 [3], RMS says it
can't be done because it's self-contradictory [4]; when Red Hat do the
same, they are within their rights to do it the way they did...

[3] http://lists.debian.org/debian-legal/2006/05/msg00298.html
[4] http://lists.debian.org/debian-legal/2006/05/msg00303.html

Did you point RMS' message [4] out to the FSF when you contacted them?

 
 This should make this license acceptable for Debian, right?

This makes this license acceptable for the *FSF*, which is a different
organization.
As far as the Debian Project is concerned, I cannot speak on its behalf
because I am not a member (IANADD).
My own personal opinion is explained in the thread that you yourself
cited [1], hence I won't restate it here.

[...]
 [1] http://www.mail-archive.com/debian-legal@lists.debian.org/msg36584.html
 [2] https://bugzilla.redhat.com/show_bug.cgi?id=253774#c7


My disclaimers are: IANAL, TINLA, IANADD, TINASOTODP.

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Re: Liberation Font License revisited

2008-04-26 Thread Hendrik Weimer
Francesco Poli [EMAIL PROTECTED] writes:

 I think they are applying a double standard here: when the authors of a
 teTeX package add a restriction to the GNU GPL v2 [3], RMS says it
 can't be done because it's self-contradictory [4]; when Red Hat do the
 same, they are within their rights to do it the way they did...

 [3] http://lists.debian.org/debian-legal/2006/05/msg00298.html
 [4] http://lists.debian.org/debian-legal/2006/05/msg00303.html

 Did you point RMS' message [4] out to the FSF when you contacted them?

I did.

 This should make this license acceptable for Debian, right?

 This makes this license acceptable for the *FSF*, which is a different
 organization.

As far as I can see, the main argument against this license here on
debian-legal was that the FSF (or RMS) had considered such licenses to
be invalid. However, this seems not to be the case now, no matter
whether the FSF changed their mind or not.

Hendrik

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Re: Liberation Font License revisited

2008-04-26 Thread Francesco Poli
On Sat, 26 Apr 2008 21:41:08 +0200 Hendrik Weimer wrote:

 Francesco Poli [EMAIL PROTECTED] writes:
[...]
  Did you point RMS' message [4] out to the FSF when you contacted them?
 
 I did.

And how did they explain the difference in their conclusions?!?

 
  This should make this license acceptable for Debian, right?
 
  This makes this license acceptable for the *FSF*, which is a different
  organization.
 
 As far as I can see, the main argument against this license here on
 debian-legal was that the FSF (or RMS) had considered such licenses to
 be invalid.

I don't think this is an accurate summary of the debian-legal
discussion on the topic.

The main argument was that the license (GPLv2 + restrictions) is
self-contradictory and thus invalid.
This conclusion was *confirmed* by RMS, who basically brought the same
argument.  However, I think the argument holds even if RMS and/or the
FSF change(s) his/their mind(s) afterwards, unless he/they bring(s) new
data to support his/their new opposite conclusion...

 However, this seems not to be the case now, no matter
 whether the FSF changed their mind or not.

I would like to hear them explain *why* the two cases (which seem
basically identical to me) get two opposite conclusions from them.
Could they elaborate?

Or else, if they changed their minds about the teTeX case, I would like
to hear them explain *why* they did.

I'm really puzzled.
Anyway, my disclaimers still hold: IANAL, TINLA, IANADD, TINASOTODP.

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