Re: Packaging Swiss Ephemeris Free Edition for Debian GNU/Linux

2003-10-14 Thread Wouter Verhelst
Op di 14-10-2003, om 07:17 schreef Branden Robinson:
 On Tue, Oct 14, 2003 at 08:34:24AM +1000, Matthew Palmer wrote:
  You missed the one big one, too: the apparent requirement to preferentially
  licence modifications you make to the copyright holders of the original SE
  copyright holders.  Don't worry, I missed it too at first.  grin
 
 Well, it turns out to be irrelevant as the upstream copyright holders
 seem disinclined to do anything at all about the licensing at present.

If you can help us with setting up a license which fulfils our
intention and at the same time has no unclear points, you are welcome to
provide suggestions.

Not that I think I'm experienced enough to provide suggestions, but
can't we at least try?

-- 
Wouter Verhelst
Debian GNU/Linux -- http://www.debian.org
Nederlandstalige Linux-documentatie -- http://nl.linux.org
If you're running Microsoft Windows, either scan your computer on
viruses, or stop wasting my bandwith and remove me from your
addressbook. *now*.


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Re: Packaging Swiss Ephemeris Free Edition for Debian GNU/Linux

2003-10-14 Thread Jaldhar H. Vyas
On Tue, 14 Oct 2003, Alois Treindl wrote:

 On Tue, 14 Oct 2003, Jaldhar H. Vyas wrote:

 
  Personally my suggestion would be to adopt the dual QPL/GPL scheme just
  like Trolltech.

 Yes, except for one additional situation:

 We find more and more that software is developed not for distribution, but
 for inhouse use in commercial companies, e.g. to power a web application
 which makes money via web services.

 We would like this usage to be considered commercial, i.e. requiring
 a paid license.

 I am not sure that the GPL serves us here. Someone using Swiss Ephemeris
 unde the GPL could run it in some webservice, without ever paying
 anything, or ever ublishing anything back for the open source community.

 I have not looked at the QT license in that respect. Are you aware of that
 situation is covered in a way favourable for QT?


My understanding is that the GPL is currently unclear on the topic of web
services and this is going to be addressed in an upcoming GPL v3. I don't
know about the QPL.  I am taking the liberty of ccing your message to
debian-legal as the people there are more knowledgeable on such subjects.

-- 
Jaldhar H. Vyas [EMAIL PROTECTED]
La Salle Debain - http://www.braincells.com/debian/



Re: Packaging Swiss Ephemeris Free Edition for Debian GNU/Linux

2003-10-14 Thread Brian T. Sniffen
Jaldhar H. Vyas [EMAIL PROTECTED] writes:

 On Tue, 14 Oct 2003, Alois Treindl wrote:

 On Tue, 14 Oct 2003, Jaldhar H. Vyas wrote:

 
  Personally my suggestion would be to adopt the dual QPL/GPL scheme just
  like Trolltech.

 Yes, except for one additional situation:

 We find more and more that software is developed not for distribution, but
 for inhouse use in commercial companies, e.g. to power a web application
 which makes money via web services.

 We would like this usage to be considered commercial, i.e. requiring
 a paid license.

 I am not sure that the GPL serves us here. Someone using Swiss Ephemeris
 unde the GPL could run it in some webservice, without ever paying
 anything, or ever ublishing anything back for the open source community.

 I have not looked at the QT license in that respect. Are you aware of that
 situation is covered in a way favourable for QT?


 My understanding is that the GPL is currently unclear on the topic of web
 services and this is going to be addressed in an upcoming GPL v3. I don't
 know about the QPL.  I am taking the liberty of ccing your message to
 debian-legal as the people there are more knowledgeable on such subjects.

I think it's pretty clear that Mr. Treindl does not want Swiss
Ephemeris to be free software: freedom to exploit the software for
commercial benefit is a necessary component of Debian's definition of
Freedom.

-Brian

-- 
Brian T. Sniffen[EMAIL PROTECTED]
   http://www.evenmere.org/~bts/



Re: Packaging Swiss Ephemeris Free Edition for Debian GNU/Linux

2003-10-14 Thread Branden Robinson
On Tue, Oct 14, 2003 at 10:48:40AM +0200, Wouter Verhelst wrote:
 Op di 14-10-2003, om 07:17 schreef Branden Robinson:
  Well, it turns out to be irrelevant as the upstream copyright holders
  seem disinclined to do anything at all about the licensing at present.
 
 If you can help us with setting up a license which fulfils our
 intention and at the same time has no unclear points, you are welcome to
 provide suggestions.
 
 Not that I think I'm experienced enough to provide suggestions, but
 can't we at least try?

It's just that I think setting up a license which fulfils our intention
and at the same time has no unclear points is either a) impossible or
b) will be very time-consuming.

They did indicate that time was a factor for them.

I'm not sure there exists a license with no unclear points if
sufficient hair-splittling is brought to bear.  We've even argued over
whether it's *possible* to put something into the public domain in
various jursdictions, so even the null license is unclear.

(More precisely, I guess the null license is All rights reserved.,
but the meaning of *that* is a matter of constant debate as well.)

-- 
G. Branden Robinson| When I die I want to go peacefully
Debian GNU/Linux   | in my sleep like my ol' Grand
[EMAIL PROTECTED] | Dad...not screaming in terror like
http://people.debian.org/~branden/ | his passengers.


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Re: Packaging Swiss Ephemeris Free Edition for Debian GNU/Linux

2003-10-14 Thread Matthew Palmer
On Tue, Oct 14, 2003 at 10:43:56AM -0400, Jaldhar H. Vyas wrote:
 Should I close the ITP or keep it open and make a note that this software
 cannot currently be packaged?

ITP - RFP, tag it wontfix, and make sure you make it quite clear that it
can't be packaged for legal reasons, and probably make a reference to this
thread (or threads, if it's diverged a bit, which I think it has).

- Matt



Packaging Swiss Ephemeris Free Edition for Debian GNU/Linux

2003-10-13 Thread Jaldhar H. Vyas
Dear Mr. Koch and Dr. Treindl,

First of all let me thank you for your Swiss Ephemeris software.  I have
found it to be very useful in the calculation of Hindu Calendars.  I am
writing to you because I am one of the volunteer maintainers of the
Debian GNU/Linux operating system (http://www.debian.org/) and I would
like to package your software for inclusion therein.

Debian has stringent guidelines for the kind of software we include
(http://www.debian.org/social_contract#dfsg)  The Debian Free Software
Guidelines are the basis of the Open Source Definition and are widely
regarded as the gold standard of Free/Open Source software.  While the
Swiss Ephemeris Public License seems to meet our requirements, there are a
few places which are a little unclear and we would appreciate it very much
if you could provide clarifications.

   without any charge beyond the costs of data transfer.

Did you mean this to prohibit for-profit distribution?

   This license file and the copyright notices in the source files are the
   only places where the author's names may legally appear without specific
   prior written permission.

Is the intent of this clause to stop the use of your names as endorsements
of derived software or may they truly not be used in any place whatsoever?

   You may copy and distribute the SE provided that the entire package is
   distributed, including this License.

Does entire mean the entire pre-modification version, or entire *after*
it has been modified ?  What if the modifications were so extensive that
there isn't much of the original Swiss Ephemeris code left?

   If you do not meet the requirements in the SEPL, for example if
   - you develop and distribute software which is sold for a fee higher than a
 reasonable copy charge
   - or/and you develop and distribute software which is not published under an
 Open Source or equivalent license
 you must purchase the Swiss Ephemeris Professional Edition under the Swiss
 Ephemeris Professional License.

This part of the preamble seems to contradict the language in the license
itself.  Is it permitted to include software which is SEPL licensed along
with other software which does not qualify? (i.e. on a CD of non-free
software.)  Do you consider the preamble to be a normative interpretation
of the license terms?

Thankyou in advance for your response and please maintain the cc to
debian-legal.

-- 
Jaldhar H. Vyas [EMAIL PROTECTED]



Re: Packaging Swiss Ephemeris Free Edition for Debian GNU/Linux

2003-10-13 Thread Alois Treindl

Jaldhar H. Vyas wrote:

Dear Mr. Koch and Dr. Treindl,

First of all let me thank you for your Swiss Ephemeris software.  I have
found it to be very useful in the calculation of Hindu Calendars.  I am
writing to you because I am one of the volunteer maintainers of the
Debian GNU/Linux operating system (http://www.debian.org/) and I would
like to package your software for inclusion therein.

Debian has stringent guidelines for the kind of software we include
(http://www.debian.org/social_contract#dfsg)  The Debian Free Software
Guidelines are the basis of the Open Source Definition and are widely
regarded as the gold standard of Free/Open Source software.  While the
Swiss Ephemeris Public License seems to meet our requirements, there are a
few places which are a little unclear and we would appreciate it very much
if you could provide clarifications.

   without any charge beyond the costs of data transfer.

Did you mean this to prohibit for-profit distribution?

   This license file and the copyright notices in the source files are the
   only places where the author's names may legally appear without specific
   prior written permission.

Is the intent of this clause to stop the use of your names as endorsements
of derived software or may they truly not be used in any place whatsoever?

   You may copy and distribute the SE provided that the entire package is
   distributed, including this License.

Does entire mean the entire pre-modification version, or entire *after*
it has been modified ?  What if the modifications were so extensive that
there isn't much of the original Swiss Ephemeris code left?

   If you do not meet the requirements in the SEPL, for example if
   - you develop and distribute software which is sold for a fee higher than a
 reasonable copy charge
   - or/and you develop and distribute software which is not published under an
 Open Source or equivalent license
 you must purchase the Swiss Ephemeris Professional Edition under the Swiss
 Ephemeris Professional License.

This part of the preamble seems to contradict the language in the license
itself.  Is it permitted to include software which is SEPL licensed along
with other software which does not qualify? (i.e. on a CD of non-free
software.)  Do you consider the preamble to be a normative interpretation
of the license terms?

Thankyou in advance for your response and please maintain the cc to
debian-legal.



Hi

I am afraid we have currently no time to deal with the legal details 
implied by your questions.


In consequence, we find it simpler if you refrain from including Swiss 
Ephemeris at this time into a Debian distribution.


We are ware of shortcomings of our license, and that we should replace 
it with something more clear.


We wanted and want a dual licensing concept, where we force commercial 
users to use the paid license, and allow (open source  non-commercial) 
usage via a free license.


But we have other things to do than dealing with the legal stuff.

Our original license was inspired by the QT license. I am aware that 
they have gone to GPL, in a dual licensing concept, but have not studied 
their details.


I think nobody has a disadvantage if Swiss Ephemeris is not included in 
Debian, but has to be downloaded separately from our site.


If you can help us with setting up a license which fulfils our intention 
and at the same time has no unclear points, you are welcome to provide 
suggestions.


Best regards
--
|| Alois Treindl,  Astrodienst AG,  mailto:[EMAIL PROTECTED]
|| Zollikon/Zurich, Switzerland
|| Free astrological charts at  http://www.astro.com/
|| SWISS EPHEMERIS Free Edition at   http://www.astro.com/swisseph/



Re: Packaging Swiss Ephemeris Free Edition for Debian GNU/Linux

2003-10-13 Thread Matthew Palmer
On Mon, Oct 13, 2003 at 03:51:47PM -0400, Jaldhar H. Vyas wrote:
 Dear Mr. Koch and Dr. Treindl,

[snip]

 regarded as the gold standard of Free/Open Source software.  While the
 Swiss Ephemeris Public License seems to meet our requirements, there are a
 few places which are a little unclear and we would appreciate it very much
 if you could provide clarifications.

You missed the one big one, too: the apparent requirement to preferentially
licence modifications you make to the copyright holders of the original SE
copyright holders.  Don't worry, I missed it too at first.  grin

- Matt