Re: Bacula and OpenSSL

2007-10-01 Thread Josselin Mouette
Le dimanche 30 septembre 2007 à 20:24 +0200, Kern Sibbald a écrit :
   However, the concept of deleting parts of the license don't appeal to me.
I prefer the following which is a modification of my prior license that
   was accepted by Debian.  The modification makes my prior license a bit
   more specific -- i.e. it restricts it to OSI licensed libraries.
 
  Well, any exception that you add to the GPL can be removed, this is by
  design of the GPL. This is also true of the other wording you suggested.
 
 It isn't really important, but I'd be surprised if that is true as it the 
 author of the code can decide anything he/she wants by modifying the GPL.

Yes, it is possible, but in this case I don't think the resulting
license is compatible with the GPL; if these new terms must me
supplemented for all derived versions, that makes them further
restrictions.

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Re: Bacula and OpenSSL

2007-09-30 Thread Kern Sibbald
On Wednesday 26 September 2007 16:03, MJ Ray wrote:
 Shane Martin Coughlan [EMAIL PROTECTED] wrote:
  Kern Sibbald wrote:
   Exception to the GPL:
   Linking:
   Bacula may be linked and distributed with any libraries permitted=20
   under the GPL, or with any non-GPLed libraries, including OpenSSL,
   that=
 
   are
 
   required for its proper functioning, providing the license and hence
   so=
 
  urce=20
 
   code of those non-GPLed libraries comply with the Open Source
   Definitio=
 
  n as=20
 
   defined by the Open Source Initiative (www.opensource.org).

 That seems like a copyleft-busting hole you can drive a truck through.
 I'd strongly suggest using the GNU-wget-style exception cited below.

I'm not really too interested in copyleft.  I was originally going to Bacula 
in the public domain, but chose the GPL primarily because I believed at the 
time that people who made changes were obligated to give them back to the 
project.  As it turns out this is not at all the case, apparently only the 
people to whom you directly give the code have the right to the source code 
changes.

Regards,

Kern


 Original:
 http://packages.debian.org/changelogs/pool/main/w/wget/wget_1.10.2-2/wget.c
opyright (This seems not to be mentioned in the Wget manual online just
 now.)

  The list of licences accepted by OSI as Open Source is more or less
  the same as the list of licences accepted by the FSF as Free Software.

 That's simply not true today.  FSF have rejected one that OSI approved, and
 FSF's list reflects real hacker enquiries, while OSI's list reflects mainly
 which licences have lawyer-advocates.  For differences, see the survey at
 http://www.asheesh.org/note/software/osi-vs-fsf.html

 Tip: http://freeculture.org/pipermail/discuss/2007-September/001570.html

 [...]

  In addition, as a special exception, the Bacula Project gives
  permission to link the code of its release of Bacula with the OpenSSL
  project's OpenSSL library (or with modified versions of it that use
  the same license as the OpenSSL library), and distribute the linked
  executables. You must obey the GNU General Public License in all
  respects for all of the code used other than OpenSSL. If you modify
  this file, you may extend this exception to your version of the file,
  but you are not obligated to do so. If you do not wish to do so, delete
  this exception statement from your version.

 Seems good to me.


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Re: Bacula and OpenSSL

2007-09-30 Thread Kern Sibbald
On Tuesday 25 September 2007 23:22, Josselin Mouette wrote:
 Le mardi 25 septembre 2007 à 15:14 +0200, Kern Sibbald a écrit :
  Thanks for looking up the above -- very interesting.
 
  However, the concept of deleting parts of the license don't appeal to me.
   I prefer the following which is a modification of my prior license that
  was accepted by Debian.  The modification makes my prior license a bit
  more specific -- i.e. it restricts it to OSI licensed libraries.

 Well, any exception that you add to the GPL can be removed, this is by
 design of the GPL. This is also true of the other wording you suggested.

It isn't really important, but I'd be surprised if that is true as it the 
author of the code can decide anything he/she wants by modifying the GPL.


 Cheers,



Re: Bacula and OpenSSL

2007-09-30 Thread Kern Sibbald
On Tuesday 25 September 2007 17:43, Shane Martin Coughlan wrote:
 Hi Kern

 Kern Sibbald wrote:
  =
  Exception to the GPL:
  Linking:
  Bacula may be linked and distributed with any libraries permitted
  under the GPL, or with any non-GPLed libraries, including OpenSSL, that
  are required for its proper functioning, providing the license and hence
  source code of those non-GPLed libraries comply with the Open Source
  Definition as defined by the Open Source Initiative (www.opensource.org).
  ===

 The list of licences accepted by OSI as Open Source is more or less
 the same as the list of licences accepted by the FSF as Free Software.
 Both include quite a few licences that are not compatible with each
 other (in much the same way as OpenSSL was not compatible with the GNU
 GPL).  By allowing people to link to all of them, potential problems
 could arise.

 I'd suggest a slightly more conservative approach of explicitly granting
 an OpenSSL exception and - if necessary in the future - to grant other
 exceptions explicitly too.  That way unforeseen problems can be avoided
 (like someone linking OpenSSL to GPLv2 to Apache to CDDL via Bacula, and
 third party copyright holders getting annoyed).

 There is a precedent for this in the language used in GNU WGET, which
 does have a special exception for linking to OpenSSL.  I made a version
 of it below that refers to Bacula.

 =
 In addition, as a special exception, the Bacula Project gives
 permission to link the code of its release of Bacula with the OpenSSL
 project's OpenSSL library (or with modified versions of it that use
 the same license as the OpenSSL library), and distribute the linked
 executables. You must obey the GNU General Public License in all
 respects for all of the code used other than OpenSSL. If you modify
 this file, you may extend this exception to your version of the file,
 but you are not obligated to do so. If you do not wish to do so, delete
 this exception statement from your version.
 =

 Note that the final two lines are intended to allow the code to be
 recombined with vanilla (no exception) GPL code later.  This would apply
 if someone made a derived work without needing OpenSSL but needing to
 include someone else's GNU GPL code.

 I hope this is useful.

Yes, very much so.  Thanks particularly for the explanation of the final two 
lines which were not really clear to me.

After having thought about it, I will go with the above, since it accomplishes 
what I want in the most conservative way -- though I will have to modify it, 
because unlike most Open Source projects, Bacula uses a single LICENSE file 
for describing the license details rather than adding them to each file.

Before making the final changes, I want to read the Software Freedom Law 
Center's guidelines on this subject one or two more times, then I will modify 
the file headers and the LICENSE file and send them to you for final review.

By the way, so that there is no confusion, I am planning to number the first 
release with this licensing change as version 3.0.0.  The GPL license 
exception will be in the trunk long before 3.0.0 is released, but there will 
probably be at least one or more release of version 2.2.x under the pure 
GPLv2 OpenSSL incompatible license before 3.0.0 is ready.

Best regards,

Kern

PS: thanks to the others who made comments. Though I may share the same views, 
those comments helped me see the situation clearer and reach a decision.


 Regards

 Shane


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Re: Bacula and OpenSSL

2007-09-26 Thread MJ Ray
Shane Martin Coughlan [EMAIL PROTECTED] wrote:
 Kern Sibbald wrote:
  Exception to the GPL:
  Linking:
  Bacula may be linked and distributed with any libraries permitted=20
  under the GPL, or with any non-GPLed libraries, including OpenSSL, that=
  are
  required for its proper functioning, providing the license and hence so=
 urce=20
  code of those non-GPLed libraries comply with the Open Source Definitio=
 n as=20
  defined by the Open Source Initiative (www.opensource.org).

That seems like a copyleft-busting hole you can drive a truck through.
I'd strongly suggest using the GNU-wget-style exception cited below.
Original: 
http://packages.debian.org/changelogs/pool/main/w/wget/wget_1.10.2-2/wget.copyright
(This seems not to be mentioned in the Wget manual online just now.)

 The list of licences accepted by OSI as Open Source is more or less
 the same as the list of licences accepted by the FSF as Free Software.

That's simply not true today.  FSF have rejected one that OSI approved, and
FSF's list reflects real hacker enquiries, while OSI's list reflects mainly
which licences have lawyer-advocates.  For differences, see the survey at
http://www.asheesh.org/note/software/osi-vs-fsf.html

Tip: http://freeculture.org/pipermail/discuss/2007-September/001570.html

[...]
 In addition, as a special exception, the Bacula Project gives
 permission to link the code of its release of Bacula with the OpenSSL
 project's OpenSSL library (or with modified versions of it that use
 the same license as the OpenSSL library), and distribute the linked
 executables. You must obey the GNU General Public License in all
 respects for all of the code used other than OpenSSL. If you modify
 this file, you may extend this exception to your version of the file,
 but you are not obligated to do so. If you do not wish to do so, delete
 this exception statement from your version.

Seems good to me.
-- 
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My Opinion Only: see http://people.debian.org/~mjr/
Please follow http://www.uk.debian.org/MailingLists/#codeofconduct


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Re: Bacula and OpenSSL

2007-09-25 Thread Kern Sibbald
Hello Shane,

On Monday 24 September 2007 18:08, Shane Martin Coughlan wrote:
 Hi Kern

 Kern Sibbald wrote:
  As far as I can see, the project has the following ways to proceed:
  1. Add a modification to our existing license that permits linking with
  OpenSSL.

 I think this is the simplest clause, and it keeps well within the
 precedent already accepted by the Bacula developers.

 I saw that there is an OpenSSL exception already proposed by the
 Debian-legal list:
 
   In addition, as a special exception, the copyright holders give
   permission to link the code of portions of this program with the
   OpenSSL library under certain conditions as described in each
   individual source file, and distribute linked combinations
   including the two.
   You must obey the GNU General Public License in all respects
   for all of the code used other than OpenSSL.  If you modify
   file(s) with this exception, you may extend this exception to your
   version of the file(s), but you are not obligated to do so.  If you
   do not wish to do so, delete this exception statement from your
   version.  If you delete this exception statement from all source
   files in the program, then also delete it here.
 
 http://lists.debian.org/debian-legal/2004/05/msg00595.html

 This seems like a quick and neat solution.

Thanks for looking up the above -- very interesting.

However, the concept of deleting parts of the license don't appeal to me.  I 
prefer the following which is a modification of my prior license that was 
accepted by Debian.  The modification makes my prior license a bit more 
specific -- i.e. it restricts it to OSI licensed libraries.

=
Exception to the GPL:
Linking:
Bacula may be linked and distributed with any libraries permitted 
under the GPL, or with any non-GPLed libraries, including OpenSSL, that are
required for its proper functioning, providing the license and hence source 
code of those non-GPLed libraries comply with the Open Source Definition as 
defined by the Open Source Initiative (www.opensource.org).
===

I think this is much clearer than my original license, no less restrictive, 
avoids allowing someone to modify the license, but is a bit broader than the 
OpenSSL exception listed above, but corresponds to what I believed the GPL 
permitted when I originally chose the license for releasing the code.

Does anyone have any objections to this?

Regards,

Kern






 Debian guys, anything to add?

 Regards

 Shane


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Re: Bacula and OpenSSL

2007-09-25 Thread Ben Finney
Kern Sibbald [EMAIL PROTECTED] writes:

 =
 Exception to the GPL:
 Linking:
 Bacula may be linked and distributed with any libraries permitted
 under the GPL, or with any non-GPLed libraries, including OpenSSL,
 that are required for its proper functioning, providing the license
 and hence source code of those non-GPLed libraries comply with the
 Open Source Definition as defined by the Open Source Initiative
 (www.opensource.org).
 ===
 
 I think this is much clearer than my original license

I see several areas that are unclear.

any libraries permitted under the GPL — the GPL doesn't permit
libraries, the GPL permits actions normally reserved under copyright
law. As for which license terms the GPL allows for distributed derived
works, that's the terms of this license i.e. the GPL itself.

or with any non-GPLed libraries ... that are required for its proper
functioning — anyone could modify the work so that it depends on some
library and then claim that library is required for its proper
functioning, so this clause is effectively null.

the Open Source Definition as defined by the Open Source Initiative
— at what point in time? At the time this clause was written? At the
time I received the work? At any time someone reads this text?

It's far clearer to simply give the exact set of extra terms you
consider acceptable, rather than delegating it to a website subject to
change after you write this clause.

 avoids allowing someone to modify the license

All they need to do is convince the OSI to certify their license terms
(which is far from a guarantee the license terms are free), and then
those license terms are retroactively allowed under this clause.

 but is a bit broader than the OpenSSL exception listed above

I'd argue, based on the above, it's rather overbroad.

 but corresponds to what I believed the GPL permitted when I
 originally chose the license for releasing the code.

I don't see how you draw this conclusion. The GPL makes clear what
terms are permitted for derived works: the terms of this license.

-- 
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  `\  because of those who look at it without doing anything. |
_o__) —Albert Einstein |
Ben Finney


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Re: Bacula and OpenSSL

2007-09-25 Thread Shane Martin Coughlan
Hi Kern

Kern Sibbald wrote:
 =
 Exception to the GPL:
 Linking:
 Bacula may be linked and distributed with any libraries permitted 
 under the GPL, or with any non-GPLed libraries, including OpenSSL, that are
 required for its proper functioning, providing the license and hence source 
 code of those non-GPLed libraries comply with the Open Source Definition as 
 defined by the Open Source Initiative (www.opensource.org).
 ===

The list of licences accepted by OSI as Open Source is more or less
the same as the list of licences accepted by the FSF as Free Software.
Both include quite a few licences that are not compatible with each
other (in much the same way as OpenSSL was not compatible with the GNU
GPL).  By allowing people to link to all of them, potential problems
could arise.

I'd suggest a slightly more conservative approach of explicitly granting
an OpenSSL exception and - if necessary in the future - to grant other
exceptions explicitly too.  That way unforeseen problems can be avoided
(like someone linking OpenSSL to GPLv2 to Apache to CDDL via Bacula, and
third party copyright holders getting annoyed).

There is a precedent for this in the language used in GNU WGET, which
does have a special exception for linking to OpenSSL.  I made a version
of it below that refers to Bacula.

=
In addition, as a special exception, the Bacula Project gives
permission to link the code of its release of Bacula with the OpenSSL
project's OpenSSL library (or with modified versions of it that use
the same license as the OpenSSL library), and distribute the linked
executables. You must obey the GNU General Public License in all
respects for all of the code used other than OpenSSL. If you modify
this file, you may extend this exception to your version of the file,
but you are not obligated to do so. If you do not wish to do so, delete
this exception statement from your version.
=

Note that the final two lines are intended to allow the code to be
recombined with vanilla (no exception) GPL code later.  This would apply
if someone made a derived work without needing OpenSSL but needing to
include someone else's GNU GPL code.

I hope this is useful.

Regards

Shane

-- 
Shane Coughlan
FTF Coordinator
Free Software Foundation Europe
Office: +41435000366 ext 408 / Mobile: +41792633406
[EMAIL PROTECTED]
Support Free Software  http://fsfe.org



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Re: Bacula and OpenSSL

2007-09-25 Thread Josselin Mouette
Le mardi 25 septembre 2007 à 15:14 +0200, Kern Sibbald a écrit :
 Thanks for looking up the above -- very interesting.
 
 However, the concept of deleting parts of the license don't appeal to me.  I 
 prefer the following which is a modification of my prior license that was 
 accepted by Debian.  The modification makes my prior license a bit more 
 specific -- i.e. it restricts it to OSI licensed libraries.

Well, any exception that you add to the GPL can be removed, this is by
design of the GPL. This is also true of the other wording you suggested.

Cheers,
-- 
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: :' :  We are debian.org. Lower your prices, surrender your code.
`. `'   We will add your hardware and software distinctiveness to
  `-our own. Resistance is futile.


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Re: Bacula and OpenSSL

2007-09-24 Thread Kern Sibbald
Hello,

To follow up on this: as of 5 September, Bacula source code is free of third 
party copyrighted code that is GPLed.  Doing so, did unfortunately create a 
good deal of instability, which we are dealing with.  However, for the future 
(probably version 3.0.0), we will be able to use OpenSSL code without any 
license infringements.

As far as I can see, the project has the following ways to proceed:

1. Add a modification to our existing license that permits linking with 
OpenSSL.

2. Add a modification to our existing license that permits linking with any 
OSI software.

3. Dual licensing Bacula with GPLv2 and some other license that permits 
linking with OpenSSL.

4. Switching from GPLv2 to some other license that permits linking with 
OpenSSL.

I would be interested in your opinions on which way we should go, and if 
anyone has any suggestions for the wording for item #1 above, it certainly 
seems to me to be the minimalist way of proceeding for at least the moment.

The old text that I had some time ago, which probably goes under possibility 
#2 was:

Linking:
Bacula may be linked with any libraries permitted under the GPL,
or with any non-GPLed libraries, including OpenSSL, that are
required for its proper functioning, providing the source code of
those non-GPLed libraries is non-proprietary and freely
available to the public.



Best regards,

Kern


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Re: Bacula and OpenSSL

2007-09-24 Thread Shane Martin Coughlan
Hi Kern

Kern Sibbald wrote:
 As far as I can see, the project has the following ways to proceed:
 1. Add a modification to our existing license that permits linking with 
 OpenSSL.

I think this is the simplest clause, and it keeps well within the
precedent already accepted by the Bacula developers.

I saw that there is an OpenSSL exception already proposed by the
Debian-legal list:

  In addition, as a special exception, the copyright holders give
  permission to link the code of portions of this program with the
  OpenSSL library under certain conditions as described in each
  individual source file, and distribute linked combinations
  including the two.
  You must obey the GNU General Public License in all respects
  for all of the code used other than OpenSSL.  If you modify
  file(s) with this exception, you may extend this exception to your
  version of the file(s), but you are not obligated to do so.  If you
  do not wish to do so, delete this exception statement from your
  version.  If you delete this exception statement from all source
  files in the program, then also delete it here.

http://lists.debian.org/debian-legal/2004/05/msg00595.html

This seems like a quick and neat solution.

Debian guys, anything to add?

Regards

Shane

-- 
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FTF Coordinator
Free Software Foundation Europe
Office: +41435000366 ext 408 / Mobile: +41792633406
[EMAIL PROTECTED]
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Re: Bacula and OpenSSL

2007-09-24 Thread Stephen Gran
This one time, at band camp, Shane Martin Coughlan said:
 Hi Kern
 
 Kern Sibbald wrote:
  As far as I can see, the project has the following ways to proceed:
  1. Add a modification to our existing license that permits linking with 
  OpenSSL.
 
 I think this is the simplest clause, and it keeps well within the
 precedent already accepted by the Bacula developers.
 
 I saw that there is an OpenSSL exception already proposed by the
 Debian-legal list:
 
   In addition, as a special exception, the copyright holders give
   permission to link the code of portions of this program with the
   OpenSSL library under certain conditions as described in each
   individual source file, and distribute linked combinations
   including the two.
   You must obey the GNU General Public License in all respects
   for all of the code used other than OpenSSL.  If you modify
   file(s) with this exception, you may extend this exception to your
   version of the file(s), but you are not obligated to do so.  If you
   do not wish to do so, delete this exception statement from your
   version.  If you delete this exception statement from all source
   files in the program, then also delete it here.
 
 http://lists.debian.org/debian-legal/2004/05/msg00595.html
 
 This seems like a quick and neat solution.
 
 Debian guys, anything to add?

It looks fine to me.  It might be simplest to get rid of the 'under
certain conditions as described in each individual source file'
subclause, as that could become tedious to maintain.

Take care,
-- 
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Re: Bacula and OpenSSL

2007-07-30 Thread Shane M. Coughlan
-BEGIN PGP SIGNED MESSAGE-
Hash: SHA1

Hi Michael, Anthony

I just wanted to let you know that I have forwarded your comments and
feedback regarding GPLv3, OpenSSL and System Libraries to Brett Smith,
licence engineer at FSF. :)

Regards

Shane

- --
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FTF Coordinator
Free Software Foundation Europe
Office: +41435000366 ext 408 / Mobile: +41792633406
[EMAIL PROTECTED]
Support Free Software  http://fsfe.org
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Re: Bacula and OpenSSL

2007-07-25 Thread Anthony Towns
On Wed, Jul 25, 2007 at 03:12:33PM +1000, Anthony Towns wrote:
 In particular, going by the GPLv3:
 ] The System Libraries of an executable work [...]

So I've done the here's what the license says, let's parse it to see
if we can extract any meaning thing, but I haven't done it the other
way -- here's what's intended, let's see if that fits the case we're
considering, and if that helps understand the wording.

(Well, to be fair, I haven't seen a very clear statement of what the
FSF intends by the clause -- beyond minimal changes to the GPLv2 to
make OpenSolaris okay anyway)

I figure the exception is to allow people to write GPL programs
on non-GPL operating systems and use the standard OS features and
compilers/interpretors without having to worry. _But_ that exception
needs to be limited, so that when you add features to a GPLed program
that would otherwise have to be freed, you can't avoid freeing them by
carefully packaging and making use of some loophole in the exception.

Some characteristics of legitimate uses of that exception seem to me
to be:

(1) they're readily available features that come standard with the
system (whether that be operating system, windowing system,
programming language, etc)

(2) they're not designed specifically for the program being used

(3) they're independent of the program being used

(4) they're used by standard components of the system, other than
your program

(5) they're used by other programs than the ones included with
the system and that are unrelated to your program

(6) they implement standard interfaces, with altnerate implementations
that you could rebuild your program against without much bother

(7) they implement standard interfaces, with source or docs available,
so you could create your own implementation and build your
program against that

(8) the implementation is widely available and is easily and
practicably obtained by anyone, either commercially or freely

So writing GPLed apps that use Solaris features like dtrace or similar
seem reasonable, in that dtrace hits (1)-(5), and (7) and (8); and GPLed
programs that use the Windows API hit (1)-(5) and (8), though probably not
(6) or (7), and programs that use non-free .NET or Java APIs probably hit
(1)-(8).

Having the test be something like:

(1) and (2) and (3) and
( (4) or (5) ) and
( (6) or (7) or (8) )

seems to allow the things we want, and restrict the things we don't --
eg, trying to implement an add-on to GCC or emacs would fail (2) and
(3), even if specially packaged so they met (1), (4), (5) and (8), eg.

The above could be applied to writing GPLed software that used libraries
with special proprietary packages like Mathematica or similar too; YMMV.

To be a bit more concrete; say you have some GPLv3 code -- an implementation
of an interesting peer-to-peer IM protocol, say. Then:

- if you're running Vista or OS X, you can integrate it into the
  environment, add a native GUI and add new features that will
  be a pain to port back to a free OS because they use libraries
  that haven't been reimplemented elsewhere yet; then send it
  to Apple or Microsoft and have it be included as a standard
  part of the OS.

- if you're running Debian, you have openssl as a standard
  component, but you can't add openssl support to your p2p IM
  app without making use of the system library exception and
  can't distribute it in Debian. So if Debian wants to have
  the same features as the new versions of Vista or OS X do,
  we can't just use our existing libraries and the GPL app as
  Microsoft and Apple did, we either have to reimplement the
  app with an OpenSSL friendly license, or reimplement OpenSSL.

  That is: it's easier for non-free OSes to incorporate GPLed
  code than for free OSes.

Maybe that is the result of the way the GPLv3's been drafted, and maybe
it actually has to be that way for some reason -- but is there really
any question that the above's a bad outcome?

If we can agree it is a bad outcome, it seems worth exploring other
interpretations of the new System Library exception to see if we can
avoid them.

Cheers,
aj



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Re: Bacula and OpenSSL

2007-07-24 Thread Shane M. Coughlan
-BEGIN PGP SIGNED MESSAGE-
Hash: SHA1

RE: The FSF position regarding OpenSSL as a system library in Debian.

 ===
 
 We do not believe that OpenSSL qualifies as a System Library in Debian.
 The System Library definition is meant to be read narrowly, including
 only code that accompanies genuinely fundamental components of the
 system.  I don't see anything to suggest that that's the case for
 OpenSSL in Debian: the package only has important priority (as opposed
 to glibc's required), there are only about 350 packages depending on it
 (as opposed to glibc's 8500), and it isn't installed on a base system.
 To put it plainly, if OpenSSL actually were a System Library, I would
 expect it to look more like one.
 
 -- Brett Smith Licensing Compliance Engineer, Free Software Foundation
 
 ===

Steve, Kern and Anthony all made comments regarding the statement above.
 I just wanted to let you know that I've forwarded these comments to
Brett Smith.  :)

Best regards

Shane

- --
Shane Coughlan
FTF Coordinator
Free Software Foundation Europe
Office: +41435000366 ext 408 / Mobile: +41792633406
[EMAIL PROTECTED]
Support Free Software  http://fsfe.org
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Re: Bacula and OpenSSL

2007-07-24 Thread Shane M. Coughlan
-BEGIN PGP SIGNED MESSAGE-
Hash: SHA1

Dear all

Following comments on FSF's position regarding OpenSSL as a System
Library in Debian, Brett Smith at FSF sent the following message:

===

I apologize for my misunderstandings about OpenSSL's status in Debian,
and appreciate the corrections.  However, even given all this
information, I still don't see how OpenSSL meets part (a) of the System
Library definition.  What is the Major Component that OpenSSL
accompanies?  Kernels always come with C libraries, and GCC always comes
with libgcc.  What package comes with OpenSSL?  I understand that there
are some pretty important applications that require OpenSSL, such as
apt, but that's not the same thing as accompanying apt.  Moreover,
pretty important isn't the same thing as essential in the very
narrow sense the license aims to define it in.

===

I hope this helps clarify things. :)

Regards

Shane

- --
Shane Coughlan
FTF Coordinator
Free Software Foundation Europe
Office: +41435000366 ext 408 / Mobile: +41792633406
[EMAIL PROTECTED]
Support Free Software  http://fsfe.org
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Re: Bacula and OpenSSL

2007-07-24 Thread Michael Poole
Shane M. Coughlan writes:

 Dear all

 Following comments on FSF's position regarding OpenSSL as a System
 Library in Debian, Brett Smith at FSF sent the following message:

 ===

 I apologize for my misunderstandings about OpenSSL's status in Debian,
 and appreciate the corrections.  However, even given all this
 information, I still don't see how OpenSSL meets part (a) of the System
 Library definition.  What is the Major Component that OpenSSL
 accompanies?  Kernels always come with C libraries, and GCC always comes
 with libgcc.  What package comes with OpenSSL?  I understand that there
 are some pretty important applications that require OpenSSL, such as
 apt, but that's not the same thing as accompanying apt.  Moreover,
 pretty important isn't the same thing as essential in the very
 narrow sense the license aims to define it in.

 ===

 I hope this helps clarify things. :)

I (as neither Debian Developer nor lawyer) think it makes things more
arbitrary, in particular the distinction between come with and
require.

Which kernels come with C libraries in a different sense than they
come with a large set of other binaries?  When I download the Linux
kernel, it does not include any C library; when I download or update
the various free BSDs, they include the kernel, a C library, all of
gcc, and a variety of other GPLed works that are not System Libraries.

On the other hand, libgcc is distributed (by the FSF) with the rest of
GCC -- but is that not because it is part of GCC?  To pick an example,
libgcc includes crtstuff.c from the main gcc directory.  The copyright
comment at the start of that file says This file is part of GCC.
The libgcc directory includes a variety of linker scripts and build
directives, but no separate source code.  Distributors usually sever
libgcc from the gcc binary, so that libgcc is distributed separately
from the packages containing the gcc compilers.

(Also: If, for a modern packaging system, a compiler is essential
but the packaging system is not, the FSF needs to have its head
re-examined.)

Michael Poole


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Re: Bacula and OpenSSL

2007-07-24 Thread Anthony Towns
On Tue, Jul 24, 2007 at 05:10:32PM +0200, Shane M. Coughlan wrote:
 Following comments on FSF's position regarding OpenSSL as a System
 Library in Debian, Brett Smith at FSF sent the following message:
 
 ===
 I apologize for my misunderstandings about OpenSSL's status in Debian,
 and appreciate the corrections.  However, even given all this
 information, I still don't see how OpenSSL meets part (a) of the System
 Library definition. What is the Major Component that OpenSSL
 accompanies?  Kernels always come with C libraries, [...]

I don't think it's accurate to say that glibc is any more tightly bound
to the Linux kernel than OpenSSL is -- you can certainly use different
libc implementations to access the kernel, just as you could use different
SSL implementations such as gnutls.

In particular, going by the GPLv3:

] The System Libraries of an executable work include anything, other than
] the work as a whole, that (a) is included in the normal form of packaging
] a Major Component, but which is not part of that Major Component, and
] (b) serves only to enable use of the work with that Major Component,
] or to implement a Standard Interface for which an implementation is
] available to the public in source code form.

then libc can't treat the kernel as its Major Component because it's not
included in the normal form of packaging [that] Major Component.

That's somewhat fundamental technically, in so far as the kernel provides
the hardware abstraction to a fairly static userspace/kernel ABI, and
libc provides an implementation of the C (or POSIX or GNU) API based on
the kernel's ABI.

Up to that point you can just call it enabling use of the kernel (by
people who can only speak C and POSIX), but the problem then comes if,
say, you choose to implement some C or POSIX API (such as POSIX threads)
entirely in userspace rather than using the kernel's features, and to
take things a step further, perhaps decide to package that separately.
Your cases are then:

- libc implements pthreads as a thin layer over the kernel

- libc implements pthreads in userspace, with all pthreads looking
  like a single thread/process to the kernel

- libpthreads implements pthreads in userspace, with all pthreads
  looking like a single thread/process to the kernel, with libpthreads
  being a standard component of the operating system

- libpthreads implements pthreads in userspace, with all pthreads
  looking like a single thread/process to the kernel, with
  libpthreads being a optional and rarely installed component
  of the operating system

- libpkthreads implements pthreads as a thin layer over the kernel
  threads, but is an experimental implementation looking to
  replace libpthreads, that's optional and (currently) rarely
  installed

To me, the most natural line to draw when considering whether the
pthreads implementation is a system library in the above is between the
two libpthreads -- in the first three cases, how it's implemented is
irrelevant, it's a standard library, implementing a standard API, that
doesn't contaminate the GPLed software any more or less in any case,
and is available to everyone who's going to use the GPLed software on
the operating system in question.

For the latter two cases, there's no reason to consider the pthreads
implementations particularly important parts of the operating system,
so they shouldn't be considered system libraries no matter how thin or
heavy-weight they are compared to the kernel.

If you're arguing that libc is only relevant in that it provides access to
the kernel, I think you end up with the wrong answer in a few levels:

- libc doesn't provide access to the kernel; it uses the kernel to
  provide a C API; printf() isn't a kernel call, eg, it's something
  native to libc

- the clause becomes implementation dependent: if you implement
  something in the kernel, and provide it via libc it's can
  be used by GPLv3 programs, but if you implement it in libc,
  it's only accessible if it's an official standard

- it becomes packaging dependent: if you implement an official
  standard in libc, that's okay, but if you implement it in a
  package of its own, that's not

To take a more direct situation: under that interpretation, if you take
glibc, implement a new, non-standard feature along the lines of obstacks,
say, in glibc -- perhaps a rewrite of talloc -- and only make your new
version of glibc available under the GPLv2. Then, even if that's included
as a standard part of all Debian or Hurd or OpenSolaris installs, it's
no longer possible to compile GPLv3 apps against that library, because
the argument becomes:

myglibc (prospective System Library) is included in the normal form
of packaging the kernel (a Major Component), but is not part of
the kernel, and 

Re: Bacula and OpenSSL

2007-07-20 Thread Joe Smith

I agree with AJ's statements and add only this:

Apt is priority important. That is the same priority as openssl.
Apt has relativly few revese dependencies (it appears to have less than 
openssl does). But libapt is without any doubt
a system library under the GPLv3. It accompanies apt which is without doubt 
a genuinely fundamental component of the
system. So I'm thinking the Brett's criteria are not quite ideal. 




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Re: Bacula and OpenSSL

2007-07-20 Thread Simon Josefsson
Thomas Dickey [EMAIL PROTECTED] writes:

 Simon Josefsson [EMAIL PROTECTED] wrote:
 Kern Sibbald [EMAIL PROTECTED] writes:

 GPL + OpenSSL exception would be enough to be sure. You may have more
 luck convincing copyright owners to grant an OpenSSL exception than to
 accept an entirely new license.

 I am told that FSF never grants exceptions so this is a hopeless path that 
 I 
 have already explored.

 That is incorrect.  The FSF has granted OpenSSL license exceptions to
 some software that links to OpenSSL.  For example, GNU wget.

 That's not an example (unless you're intending to show a case where
 FSF allows itself to do things that it forbids others ;-)

I don't follow, what do you mean?  GNU wget is distributed under the GPL
with a license exception to permit linking with OpenSSL.

As far as I know, the FSF doesn't forbid anyone to use GPL with an
OpenSSL exception.

/Simon


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Re: Bacula and OpenSSL

2007-07-20 Thread Steve Langasek
Hi Shane,

On Thu, Jul 19, 2007 at 04:22:06PM +0200, Shane M. Coughlan wrote:

 Steve Langasek wrote:
  I agree that the GPLv3 is not compatible with the OpenSSL license, in the
  sense that code licensed under the OpenSSL license cannot be included in a
  GPLv3 work.  However, the GPLv3 does include a broader (if no more easily
  understood) system exception clause, which seems to allow distributing GPLv3
  binaries that are /dynamically linked/ against OpenSSL.  Is this not the
  position of FSF/FSF Europe?

 I discussed this issue with Brett Smith of FSF, and as a result of this
 he wrote the following brief summary:

 ===

 We do not believe that OpenSSL qualifies as a System Library in Debian.
 The System Library definition is meant to be read narrowly, including
 only code that accompanies genuinely fundamental components of the
 system.  I don't see anything to suggest that that's the case for
 OpenSSL in Debian: the package only has important priority (as opposed
 to glibc's required), there are only about 350 packages depending on it
 (as opposed to glibc's 8500), and it isn't installed on a base system.
 To put it plainly, if OpenSSL actually were a System Library, I would
 expect it to look more like one.

 - -- Brett Smith Licensing Compliance Engineer, Free Software Foundation

 ===

IMHO that would be a rather unfortunate position for the FSF to take, as it
would mean the changes to the system exception clause are *only* of benefit
to distributors of proprietary operating systems, while GNU/Linux
distributors are left with the same license compatibility problems as ever.

But as AJ noted, the above analysis seems to get some facts wrong.  In
addition to the fact that OpenSSL is part of the base system, the count of
reverse-dependencies seems to be off somewhat.  There are 461 packages in
etch that depend on libssl0.9.8, plus another 11 depending on the
libssl0.9.7 that we aren't quite rid of.  Of course that's nothing close to
glibc's 8500, but if we were to look at some of the individual libraries
within the libc6 package, like librt, libnsl, libm, or libdl, I would expect
that openssl's usage within Debian is at least within an order of magnitude
of some of these.  Surely if libraries such as these qualify as System
Libraries (and I should hope they do!), shouldn't libssl qualify too?

Cheers,
-- 
Steve Langasek   Give me a lever long enough and a Free OS
Debian Developer   to set it on, and I can move the world.
[EMAIL PROTECTED]   http://www.debian.org/


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Re: Bacula and OpenSSL

2007-07-20 Thread Kern Sibbald
Hello Shane,

On Thursday 19 July 2007 16:22, Shane M. Coughlan wrote:
 Dear Steve
 
 Steve Langasek wrote:
  I agree that the GPLv3 is not compatible with the OpenSSL license, in 
the
  sense that code licensed under the OpenSSL license cannot be included in a
  GPLv3 work.  However, the GPLv3 does include a broader (if no more easily
  understood) system exception clause, which seems to allow distributing 
GPLv3
  binaries that are /dynamically linked/ against OpenSSL.  Is this not the
  position of FSF/FSF Europe?
 
 I discussed this issue with Brett Smith of FSF, and as a result of this
 he wrote the following brief summary:
 
 ===
 
 We do not believe that OpenSSL qualifies as a System Library in Debian.
 The System Library definition is meant to be read narrowly, including
 only code that accompanies genuinely fundamental components of the
 system.  I don't see anything to suggest that that's the case for
 OpenSSL in Debian: the package only has important priority (as opposed
 to glibc's required), there are only about 350 packages depending on it
 (as opposed to glibc's 8500), and it isn't installed on a base system.
 To put it plainly, if OpenSSL actually were a System Library, I would
 expect it to look more like one.

Thanks for following up on this.  However, I am not sure that Brett answered 
the technical point concerning the GPLv3 that was brought up by Steve.  
Though I'm not sure that question really needs answering since it is likely 
to lead to lots of different interpretations of subtle points as we are 
currently seeing with the System Library definition.

What struck me as getting closer to the fundamental problem that I am having 
is the remarks in a later email by Anthony Towns where there are apparently 
360 packages on his system that would be removed if he were to remove 
OpenSSL.

I see the positions of the different people who have responded to this 
question about linking Bacula with OpenSSL, and though I obviously cannot 
agree with everyone, since there are opposing interpretations, I can say that 
each has valid points.

To me the issue is much more fundamental.  Apparently the problem with OpenSSL 
is one of an onerous advertising clause, which I don't find so onerous -- 
so the authors want their names acknowledged for the work they did.  In 
reading the clause that apparently poses the problem:

  *  3. All advertising materials mentioning features or use of this software
 *must display the following acknowledgment:
 *This product includes cryptographic software written by
 * Eric Young ([EMAIL PROTECTED])

I have to say, that I am not completely sure what they want.  I've tried to 
ask the authors, but their email addresses seem to be invalid.  I've tried to 
ask the current OpenSSL maintainers, but they have not yet responded to my 
email.  

In any case, I have added explicit acknowlegements in the LICENSE file and in 
the manual.  As far as I know these are the only advertising materials that 
are used by Bacula or any of the distros, so I *think* I am in compliance 
with *their* license.

Now, coming back the GPL issue.  I can understand why RMS doesn't like the 
OpenSSL license because of this advertising clause, but what I find *very* 
hard to understand is why that concerns anyone but me and the people 
distributing the binaries.  We are the only ones who suffer from that 
clause.  The bottom line is that I see no harm to either the Free Software 
movement nor the authors of GPLed software that I use in Bacula, if I comply 
the best I can with the terms of the OpenSSL license.

Right now, license issues seem to be black and white, that is they either work 
or do not work with GPL period.  It seems to me that in the case of OpenSSL, 
their license is not totally incompatible with GPL, it is just a bit annoying 
to some people. 

I don't want to imply that I encourage such licenses, but given the wide 
spread usage of OpenSSL and the rather trivial nature of this problem 
(IMO), it seems to me that the decision on whether or not software can be 
linked to the OpenSSL code should be up to the persons distributing the 
binaries.

Because of the large number of packages where some, if not many, probably have 
the same problem as Bacula, I would appreciate hearing FSF's and RMS' 
position on this.

Best regards,

Kern

 
 -- Brett Smith Licensing Compliance Engineer, Free Software Foundation
 
 ===
 
 Regards
 
 Shane
 
 --
 Shane Coughlan
 FTF Coordinator
 Free Software Foundation Europe
 Office: +41435000366 ext 408 / Mobile: +41792633406
 [EMAIL PROTECTED]
 Support Free Software  http://fsfe.org
 


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Re: Bacula and OpenSSL

2007-07-20 Thread Thomas Dickey
Simon Josefsson [EMAIL PROTECTED] wrote:
 That is incorrect.  The FSF has granted OpenSSL license exceptions to
 some software that links to OpenSSL.  For example, GNU wget.

 That's not an example (unless you're intending to show a case where
 FSF allows itself to do things that it forbids others ;-)

 I don't follow, what do you mean?  GNU wget is distributed under the GPL
 with a license exception to permit linking with OpenSSL.

It's a GNU project, as noted.

 As far as I know, the FSF doesn't forbid anyone to use GPL with an
 OpenSSL exception.

That's entirely possible, but you haven't provided an example which
isn't contaminated by self-interest on the part of FSF.  If you can
provide such an example, there's something to discuss.

-- 
Thomas E. Dickey
http://invisible-island.net
ftp://invisible-island.net


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Re: Bacula and OpenSSL

2007-07-20 Thread Simon Josefsson
Thomas Dickey [EMAIL PROTECTED] writes:

 As far as I know, the FSF doesn't forbid anyone to use GPL with an
 OpenSSL exception.

 That's entirely possible, but you haven't provided an example which
 isn't contaminated by self-interest on the part of FSF.  If you can
 provide such an example, there's something to discuss.

The FSF cannot change the license on code they don't own.  As far as I
understand, what you are looking for do not appear to be possible from a
legal point of view.  I'm assuming that you would regard any FSF owned
code to be contaminated by the FSFs' self-interest.

What kind of example are you looking for?

/Simon


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Re: Bacula and OpenSSL

2007-07-20 Thread Thomas Dickey
Simon Josefsson [EMAIL PROTECTED] wrote:

 What kind of example are you looking for?

The example that you failed to provide in the posting to which I responded.
(let's not get sidetracked)

-- 
Thomas E. Dickey
http://invisible-island.net
ftp://invisible-island.net


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Re: Bacula and OpenSSL

2007-07-19 Thread Shane M. Coughlan
-BEGIN PGP SIGNED MESSAGE-
Hash: SHA1

Dear Steve

Steve Langasek wrote:
 I agree that the GPLv3 is not compatible with the OpenSSL license, in the
 sense that code licensed under the OpenSSL license cannot be included in a
 GPLv3 work.  However, the GPLv3 does include a broader (if no more easily
 understood) system exception clause, which seems to allow distributing GPLv3
 binaries that are /dynamically linked/ against OpenSSL.  Is this not the
 position of FSF/FSF Europe?

I discussed this issue with Brett Smith of FSF, and as a result of this
he wrote the following brief summary:

===

We do not believe that OpenSSL qualifies as a System Library in Debian.
The System Library definition is meant to be read narrowly, including
only code that accompanies genuinely fundamental components of the
system.  I don't see anything to suggest that that's the case for
OpenSSL in Debian: the package only has important priority (as opposed
to glibc's required), there are only about 350 packages depending on it
(as opposed to glibc's 8500), and it isn't installed on a base system.
To put it plainly, if OpenSSL actually were a System Library, I would
expect it to look more like one.

- -- Brett Smith Licensing Compliance Engineer, Free Software Foundation

===

Regards

Shane

- --
Shane Coughlan
FTF Coordinator
Free Software Foundation Europe
Office: +41435000366 ext 408 / Mobile: +41792633406
[EMAIL PROTECTED]
Support Free Software  http://fsfe.org
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Re: Bacula and OpenSSL

2007-07-19 Thread Shane M. Coughlan
-BEGIN PGP SIGNED MESSAGE-
Hash: SHA1

Kern Sibbald wrote:
 Well, it is pretty general purpose.  None of the FSF code is network or TLS 
 related. The FSF files involved are:
 src/lib/fnmatch.h  FSF
 src/lib/fnmatch.c  FSF
 src/lib/enh_fnmatch.h  FSF
 src/lib/enh_fnmatch.c FSF  (fnmatch enhanced by us)
 src/lib/idcache.c  FSF (from tar I think)
 src/findlib/save-cwd.c  FSF (from tar I think)
 src/findlib/makepath.c  FSF(from tar I think)

Just an update for everyone.  The FSF (as the copyright holder) is
currently in discussions with Kern to see if they can help resolve this
issue for the Bacula project. :)

Regards

Shane

- --
Shane Coughlan
FTF Coordinator
Free Software Foundation Europe
Office: +41435000366 ext 408 / Mobile: +41792633406
[EMAIL PROTECTED]
Support Free Software  http://fsfe.org
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Re: Bacula and OpenSSL

2007-07-19 Thread Anthony Towns
On Thu, Jul 19, 2007 at 04:22:06PM +0200, Shane M. Coughlan wrote:
 ===
 We do not believe that OpenSSL qualifies as a System Library in Debian.
 The System Library definition is meant to be read narrowly, including
 only code that accompanies genuinely fundamental components of the
 system.

OpenSSL certainly accompanies genuinely fundamental components of
the system; it's status in Debian is that it's as fundamental as apt,
and significantly more fundamental than any windowing system, which is
explicitly listed as an example of a fundamental component in the GPLv3.

 I don't see anything to suggest that that's the case for
 OpenSSL in Debian: the package only has important priority (as opposed
 to glibc's required),

The definition of the required priority is the minimal set of packages
that are required for a system to be administered using dpkg. That
excludes, for instance, gcc, not to mention window managers and even
all our kernel packages.

 there are only about 350 packages depending on it
 (as opposed to glibc's 8500), 

There are apparently 360 packages just on my system which will be removed
if I remove openssl, and I only have 1883 installed. On the same system
(which is my day to day desktop), removing libx11-6 takes down 610
packages. On a headless server, removing libx11-6 takes down 7 packages,
while libssl0.9.8 takes 82 packages with it.

 and it isn't installed on a base system.

The base system is precisely those packages at priority required or
important, and includes openssl.

 To put it plainly, if OpenSSL actually were a System Library, I would
 expect it to look more like one.

From what I can see of the GPLv3 text, OpenSSL plainly is a System Library
for Debian -- SSL support is a major essential component of the specific
operating system, and one that we include on all systems as soon as
they're installed before giving users the option of what to install,
whether they're building a server, desktop system, embedded target or
anything else. It's integrated into the operating system to the level at
which basic tools such as curl and wget are configured to rely on it and
through those dependencies such as debootstrap (used to install the Debian
base system), openoffice.org, gimp, and bzflag; likewise python directly
depends on ssl, and hence so do all the python scripts in the archive.

It's not essential by the very limited meaning we use for the
Essential: yes field in the Packages files, which is to say, if you
remove this package, you will not be able to manage your system using
dpkg (and indeed that field is used for only a subset of the Priority:
required packages, and happens to not be used for glibc), but it's
certainly essential by most common usages of the term, and some more
general usage of the term is certainly implied by the GPLv3's reference to
window managers as essential components.

Cheers,
aj



signature.asc
Description: Digital signature


Re: Bacula and OpenSSL

2007-07-19 Thread Stephen Frost
* Anthony Towns ([EMAIL PROTECTED]) wrote:
 On Thu, Jul 19, 2007 at 04:22:06PM +0200, Shane M. Coughlan wrote:
  We do not believe that OpenSSL qualifies as a System Library in Debian.
  The System Library definition is meant to be read narrowly, including
  only code that accompanies genuinely fundamental components of the
  system.

Wow is that confused.

 OpenSSL certainly accompanies genuinely fundamental components of
 the system; it's status in Debian is that it's as fundamental as apt,
 and significantly more fundamental than any windowing system, which is
 explicitly listed as an example of a fundamental component in the GPLv3.

Agreed, and with the rest of Anthony's analysis.  It may not have been
true a few releases ago but things change and it's definitely
fundamental in etch and will be included in all Debian releases and
installations in the foreseeable future.  It has to be explicitly 
*removed* from even a minimal installation and doing so has some
serious implications.

Thanks,

Stephen


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Re: Bacula and OpenSSL

2007-07-16 Thread Shane M. Coughlan
-BEGIN PGP SIGNED MESSAGE-
Hash: SHA1

Hi Kern

Kern Sibbald wrote:
 On Saturday 14 July 2007 11:03, Simon Josefsson wrote:
 That is incorrect.  The FSF has granted OpenSSL license exceptions to
 some software that links to OpenSSL.  For example, GNU wget.
 
 Interesting.  Shane would you comment on this?

As Simon said, in certain special circumstances selected GNU tools
related to networking have been granted exceptions.  I suggest that such
a grant is not likely in the case of the general purpose code included
with Bacula.

However, please bear in mind that I don't speak for FSF :)

 In addition, there are two files copyrighted by Anders Carlsson, two by Sun 
 Microsystems in the tray-monitor directory,  and a number of files by ATT 
 all in the win32 subdirectories.

All of the authors of third-party code would need to be contacted for a
linking exception, though from your last email it sounds like you have
already removed a substantial amount of the third-party code.

I have some availability this week.  I could do a physical meeting or a
phone call during Wednesday and Thursday afternoon if you think it would
be useful. :)

Regards

Shane

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Re: Bacula and OpenSSL

2007-07-16 Thread Kern Sibbald
On Monday 16 July 2007 10:57, Shane M. Coughlan wrote:
 Hi Kern
 
 Kern Sibbald wrote:
  On Saturday 14 July 2007 11:03, Simon Josefsson wrote:
  That is incorrect.  The FSF has granted OpenSSL license exceptions to
  some software that links to OpenSSL.  For example, GNU wget.
 
  Interesting.  Shane would you comment on this?
 
 As Simon said, in certain special circumstances selected GNU tools
 related to networking have been granted exceptions.  I suggest that such
 a grant is not likely in the case of the general purpose code included
 with Bacula.
 
 However, please bear in mind that I don't speak for FSF :)

Yes, and in addition, after Josselin's email, I did a bit of research, and for 
at least one of the files that we use (fnmatch.c), the FSF license was 
changed from GPL to LGPL sometime in 2004 the best I can tell.  
Unfortunately, we are still using the old GPL'ed version rather than the 
newer LGPL'ed version.

While it would be best to convert to the newer version, it is not so easy as 
the we have made some modifications to the old one to support Win32 systems 
(stupid difference of path separators, ...).  

Question: for old GPL'ed versions of fnmatch.c and fnmatch.h that we are using 
copyrighted in 1997 by FSF, would it be possible to modify them to use the 
LGPL as you are currently doing?

That would give me a bit of breathing room (i.e. no recoding for the moment).  
Long term, I am probably going to use your newer LGPLed version since it 
supports UTF-8, but that will take some modifications and lots of testing.

 
  In addition, there are two files copyrighted by Anders Carlsson, two by 
Sun
  Microsystems in the tray-monitor directory,  and a number of files by ATT
  all in the win32 subdirectories.
 
 All of the authors of third-party code would need to be contacted for a
 linking exception, though from your last email it sounds like you have
 already removed a substantial amount of the third-party code.

Yes, all the authors would have to be contacted, but given they involve 
institutions such as FSF and ATT and Sun, I don't plan to go that route, it 
has little chance of succeeding.  

For files like fnmatch.c where FSF has already changed the license, I think it 
makes sense to ask for a change to the old code. For all the rest, I will 
work on replacing the files and/or rewriting them myself.  It is a terrible 
waste of time, but it is not a monster project, and the only hard part is the 
testing that will be necessary to validate the changes ...

 
 I have some availability this week.  I could do a physical meeting or a
 phone call during Wednesday and Thursday afternoon if you think it would
 be useful. :)

I appreciate your offer, and I think that meeting at some point will be 
important, especially if FSF is willing to put the older fnmatch.c/h that we 
use under the LGPL license that is being used by the current version.

However, one important issue to work through is Josselin's claim that due to 
the wording in GPL v3, I could switch to it, and it would be OK to link 
OpenSSL in as shared objects.

If that is the case, it would provide a short term solution to this problem so 
that Debian can continue to release Bacula with OpenSSL enabled in the next 
version.

Switching to GPL v3 is something I could do before the next release (in a week 
or two), but I would do it only if I can get FSFE and Debian to confirm that 
it will resolve the OpenSSL linking problem -- for the moment, I don't have 
any official confirmation from either of you.

Longer term, I am definitely removing all 3rd party copyrighted code that is 
GPL'ed, and unless GPL v3 turns out to be the magic bullet and does not 
encomber me with additional constraints, I'll either add back the OpenSSL 
modification I previously added for Debian, or switch to a less restrictive 
Open Source License such as Sun's. I'm still looking at other licenses and 
switching will require a good deal of thought  ...

Before swtiching to any other license, should that be the case, and possibly 
before adding any license modifications, Shane and I will very likely need to 
meet.

Regards,

Kern


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Re: Bacula and OpenSSL

2007-07-16 Thread Shane M. Coughlan
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Hi Kern

Kern Sibbald wrote:
 Yes, and in addition, after Josselin's email, I did a bit of research, and 
 for 
 at least one of the files that we use (fnmatch.c), the FSF license was 
 changed from GPL to LGPL sometime in 2004 the best I can tell.  
 Unfortunately, we are still using the old GPL'ed version rather than the 
 newer LGPL'ed version.
 While it would be best to convert to the newer version, it is not so easy as 
 the we have made some modifications to the old one to support Win32 systems 
 (stupid difference of path separators, ...).  
 Question: for old GPL'ed versions of fnmatch.c and fnmatch.h that we are 
 using 
 copyrighted in 1997 by FSF, would it be possible to modify them to use the 
 LGPL as you are currently doing?
 That would give me a bit of breathing room (i.e. no recoding for the moment). 
  
 Long term, I am probably going to use your newer LGPLed version since it 
 supports UTF-8, but that will take some modifications and lots of testing.

FSF would need to answer this question directly.  FSF and FSFE are
sister organisations but we are administratively separate.  I will pass
this question onward off-list. :)

 However, one important issue to work through is Josselin's claim that due to 
 the wording in GPL v3, I could switch to it, and it would be OK to link 
 OpenSSL in as shared objects.

I am discussing this with Brett Smith at the moment.

Regards

Shane

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Re: Bacula and OpenSSL

2007-07-16 Thread Kern Sibbald
On Monday 16 July 2007 17:15, Shane M. Coughlan wrote:
 Hi Kern
 
 Kern Sibbald wrote:
  Yes, and in addition, after Josselin's email, I did a bit of research, and 
for
  at least one of the files that we use (fnmatch.c), the FSF license was
  changed from GPL to LGPL sometime in 2004 the best I can tell.
  Unfortunately, we are still using the old GPL'ed version rather than the
  newer LGPL'ed version.
  While it would be best to convert to the newer version, it is not so easy 
as
  the we have made some modifications to the old one to support Win32 
systems
  (stupid difference of path separators, ...).
  Question: for old GPL'ed versions of fnmatch.c and fnmatch.h that we are 
using
  copyrighted in 1997 by FSF, would it be possible to modify them to use the
  LGPL as you are currently doing?
  That would give me a bit of breathing room (i.e. no recoding for the 
moment).
  Long term, I am probably going to use your newer LGPLed version since it
  supports UTF-8, but that will take some modifications and lots of testing.
 
 FSF would need to answer this question directly.  FSF and FSFE are
 sister organisations but we are administratively separate.  I will pass
 this question onward off-list. :)

OK, understood thanks.  This is not really extremely urgent since its 
determination will not change the immenent 2.2.0 release.

 
  However, one important issue to work through is Josselin's claim that due 
to
  the wording in GPL v3, I could switch to it, and it would be OK to link
  OpenSSL in as shared objects.
 
 I am discussing this with Brett Smith at the moment.

Thanks. This point is important (pressing) as it could provide a quick 
solution for Debian.

Best regards,

Kern

 
 Regards
 
 Shane
 
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 FTF Coordinator
 Free Software Foundation Europe
 Office: +41435000366 ext 408 / Mobile: +41792633406
 [EMAIL PROTECTED]
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Re: Bacula and OpenSSL

2007-07-14 Thread Simon Josefsson
Kern Sibbald [EMAIL PROTECTED] writes:

 GPL + OpenSSL exception would be enough to be sure. You may have more
 luck convincing copyright owners to grant an OpenSSL exception than to
 accept an entirely new license.

 I am told that FSF never grants exceptions so this is a hopeless path that I 
 have already explored.

That is incorrect.  The FSF has granted OpenSSL license exceptions to
some software that links to OpenSSL.  For example, GNU wget.

Exactly what FSF code are you using?  It couldn't hurt to ask them.  If
it is general purpose code, I suspect they won't give it, but if it is
network or even TLS related, there could be a chance.

/Simon


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Re: Bacula and OpenSSL

2007-07-14 Thread Kern Sibbald
On Saturday 14 July 2007 11:03, Simon Josefsson wrote:
 Kern Sibbald [EMAIL PROTECTED] writes:
 
  GPL + OpenSSL exception would be enough to be sure. You may have more
  luck convincing copyright owners to grant an OpenSSL exception than to
  accept an entirely new license.
 
  I am told that FSF never grants exceptions so this is a hopeless path that 
I 
  have already explored.
 
 That is incorrect.  The FSF has granted OpenSSL license exceptions to
 some software that links to OpenSSL.  For example, GNU wget.

Interesting.  Shane would you comment on this?

 
 Exactly what FSF code are you using?  It couldn't hurt to ask them.  If
 it is general purpose code, I suspect they won't give it, but if it is
 network or even TLS related, there could be a chance.

Well, it is pretty general purpose.  None of the FSF code is network or TLS 
related. The FSF files involved are:

src/lib/fnmatch.h  FSF
src/lib/fnmatch.c  FSF
src/lib/enh_fnmatch.h  FSF
src/lib/enh_fnmatch.c FSF  (fnmatch enhanced by us)

src/lib/idcache.c  FSF (from tar I think)
src/findlib/save-cwd.c  FSF (from tar I think)
src/findlib/makepath.c  FSF(from tar I think)

In addition, there are two files copyrighted by Anders Carlsson, two by Sun 
Microsystems in the tray-monitor directory,  and a number of files by ATT 
all in the win32 subdirectories.

My status on this project is:
- I have already removed or replaced(with BSD code) three files that were 
copyrighted by FSF

- idcache.c, I will re-write in any case (I've been planning this long before 
this problem).

- I have a BSD licensed replacement for fnmatch, which I can substitute after 
the 2.2.0 (next) release of Bacula.

- Probably enh_fnmatch will follow, but it is a good deal of extra work since 
it involves a good number of modifications.

- save-cwd.c and makepath.c are heavily modified and will be more difficult to 
replace (confusion of the original code and the heavy modifications make the 
task harder).

- I will rewrite the ATT copyrighted code after 2.2.0 is released, but this 
code is used only in the Win32 release so does not concern the Debian 
problem.

- The Anders Carlsson and Sun copyrighted code is used in the GTK tray monitor 
and is problematic because I don't like working on GTK (makes it harder) and 
I am not familar with the code.  I doubt that there is any BSD GTK tray 
monitor code :-(   If you do not build the tray monitor binary with OpenSSL 
this will eliminate that problem. 

Regards,

Kern


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Re: Bacula and OpenSSL

2007-07-14 Thread Thomas Dickey
Simon Josefsson [EMAIL PROTECTED] wrote:
 Kern Sibbald [EMAIL PROTECTED] writes:

 GPL + OpenSSL exception would be enough to be sure. You may have more
 luck convincing copyright owners to grant an OpenSSL exception than to
 accept an entirely new license.

 I am told that FSF never grants exceptions so this is a hopeless path that I 
 have already explored.

 That is incorrect.  The FSF has granted OpenSSL license exceptions to
 some software that links to OpenSSL.  For example, GNU wget.

That's not an example (unless you're intending to show a case where
FSF allows itself to do things that it forbids others ;-)

-- 
Thomas E. Dickey
http://invisible-island.net
ftp://invisible-island.net


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Re: Bacula and OpenSSL

2007-07-14 Thread Shane M. Coughlan
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Steve Langasek wrote:
 I agree that the GPLv3 is not compatible with the OpenSSL license, in the
 sense that code licensed under the OpenSSL license cannot be included in a
 GPLv3 work.  However, the GPLv3 does include a broader (if no more easily
 understood) system exception clause, which seems to allow distributing GPLv3
 binaries that are /dynamically linked/ against OpenSSL.  Is this not the
 position of FSF/FSF Europe?

I am discussing this in detail with Brett Smith of FSF.

Kern Sibbald wrote:
 OK, I think the possible solutions are pretty clear to me.  Thank you
for the
 rapid response.

No problem.

Kern, if it would be useful to you I can arrange a physical meeting or
telephone call to discuss these things in more detail.  After all, we
are only a few kilometres from each other in Switzerland and we might be
able to explore options more quickly that way.

Regards

Shane

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Re: Bacula and OpenSSL

2007-07-13 Thread Josselin Mouette
Le vendredi 13 juillet 2007 à 07:20 +0200, Kern Sibbald a écrit :
  Then, unless I have seriously misunderstood the reworded system
  libraries exception, I think relicensing Bacula under the GPLv3 (or
  dual-licensing under v2 and v3) should be fine for Debian.
 
 Sorry, but could you run it by me one more time why GPL v3 will work for 
 Debian and why GPL v2 will not.  The problem on GPL v2 for me was I needed to 
 make an exception, which I cannot do without violating the 3rd party GPL 
 licensed code I use.  Why does GPL v3 resolve this?From what I 
 understood, you are saying that in GPL v3 any separate object code does not 
 require releasing the source for that object code -- i.e. it is now possible 
 for a GPLed program to link to a separate object that is built from 
 proprietary source?

In my opinion the GPLv3 is more liberal with the licensing of the system
libraries. This is what makes Nexenta legal now (it links dpkg which is
GPL to the Solaris libc which is CDDL) and it applies to the Bacula case
as well.

Cheers,
-- 
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`. `'   We will add your hardware and software distinctiveness to
  `-our own. Resistance is futile.



Re: Bacula and OpenSSL

2007-07-13 Thread Thomas Dickey
Kern Sibbald [EMAIL PROTECTED] wrote:

 I would like a tit-for-a-tat clause so that those who modify it and 
 distribute 
 it are obligated to publish their modifications.  The MIT license does not 
 provide that.

On the other hand, the MIT license permits even use by the objectionable
persons who contribute to this thread.

regards.

-- 
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http://invisible-island.net
ftp://invisible-island.net


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Re: Bacula and OpenSSL

2007-07-12 Thread Gervase Markham

Kern Sibbald wrote:
2. You recently mentioned to me that GPL v3 may be a solution.  Like Linus, I 
don't see any reason to switch to GPL v3, but if using GPL v3 makes Bacula 
compatible with OpenSSL AND all distros are happy with that, it seems to me 
to be an easy solution.  I know that GPL v3 is compatible with the Apache 
license, but can you confirm whether or not it is compatible with whatever 
OpenSSL uses?  I would also appreciate having Debian's legal view on this 
question.


I don't believe that Debian provides legal views...

My personal view is that GPLv3 is not compatible with the OpenSSL license.

The problematic part of the OpenSSL license is the BSD advertising clause:

 * 3. All advertising materials mentioning features or use of this
 *software must display the following acknowledgment:
 *This product includes software developed by the OpenSSL Project
 *for use in the OpenSSL Toolkit. (http://www.openssl.org/)
(From http://www.openssl.org/source/license.html)

The only way this might be compatible with GPLv3 is if this clause was 
permitted by one of the clauses in GPLv3 section 7, Additional Terms. 
The only one under which it might fit is clause b):


  Notwithstanding any other provision of this License, for material you
  add to a covered work, you may (if authorized by the copyright holders
  of that material) supplement the terms of this License with terms:
  ...
  * b) Requiring preservation of specified reasonable legal notices
  or author attributions in that material or in the Appropriate Legal
  Notices displayed by works containing it;
(From http://www.gnu.org/licenses/gpl.html)

However, this only permits requiring preservation of notices in the 
material. An advertisement mentioning OpenSSL is not part of OpenSSL, 
and so this clause does not make point 3. of the OpenSSL license 
GPLv3-compatible.


3. Barring item 2, it seems to me that the only solution is to eliminate all 
third party software from Bacula and change the license to less restrictive 
one that permits Bacula being linked with any Open Source software.


This seems the correct way forward in the long term.

Gerv


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Re: Bacula and OpenSSL

2007-07-12 Thread Shane M. Coughlan
-BEGIN PGP SIGNED MESSAGE-
Hash: SHA1

Hi Kern

Kern Sibbald wrote:
 What I would like:
 I would like Bacula to be able to be freely used by all distros without 
 licensing problems with any Open Source software including OpenSSL.
snip
 1. Convert Bacula to use gnutls.  One Debian user is working on this, but it 
 is not a small nor an easy project.  And though it is something I consider 
 very worthwhile for Bacula to work with gnutls, it doesn't resolve the 
 problem of using Bacula with OpenSSL.

I understood that you require OpenSSL for Bacula due to user demand, so
you could not replace it by GNUTLS entirely. Is that correct?

 2. You recently mentioned to me that GPL v3 may be a solution.  Like Linus, I 
 don't see any reason to switch to GPL v3, but if using GPL v3 makes Bacula 
 compatible with OpenSSL AND all distros are happy with that, it seems to me 
 to be an easy solution.  I know that GPL v3 is compatible with the Apache 
 license, but can you confirm whether or not it is compatible with whatever 
 OpenSSL uses?  I would also appreciate having Debian's legal view on this 
 question.

There was the possibility that the final GPLv3 might turn out compatible
with the OpenSSL licence. However, the published GPLv3 is not compatible
with the OpenSSL licence. To be sure I also confirmed this with Brett
Smith at FSF in Boston.

 3. Barring item 2, it seems to me that the only solution is to eliminate all 
 third party software from Bacula and change the license to less restrictive 
 one that permits Bacula being linked with any Open Source software.

The issue flagged by Fedora concerned that third-party code. In essence:
If you remove all the vanilla GPLv2 or later software from Bacula you
could also move back to your previous GPL+extra clauses license, or to a
GPLv3 + OpenSSL exception license.

Regards

Shane

- --
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Re: Bacula and OpenSSL

2007-07-12 Thread Steve Langasek
On Thu, Jul 12, 2007 at 06:06:14PM +0200, Shane M. Coughlan wrote:
  2. You recently mentioned to me that GPL v3 may be a solution.  Like Linus, 
  I 
  don't see any reason to switch to GPL v3, but if using GPL v3 makes Bacula 
  compatible with OpenSSL AND all distros are happy with that, it seems to me 
  to be an easy solution.  I know that GPL v3 is compatible with the Apache 
  license, but can you confirm whether or not it is compatible with whatever 
  OpenSSL uses?  I would also appreciate having Debian's legal view on this 
  question.

 There was the possibility that the final GPLv3 might turn out compatible
 with the OpenSSL licence. However, the published GPLv3 is not compatible
 with the OpenSSL licence. To be sure I also confirmed this with Brett
 Smith at FSF in Boston.

I agree that the GPLv3 is not compatible with the OpenSSL license, in the
sense that code licensed under the OpenSSL license cannot be included in a
GPLv3 work.  However, the GPLv3 does include a broader (if no more easily
understood) system exception clause, which seems to allow distributing GPLv3
binaries that are /dynamically linked/ against OpenSSL.  Is this not the
position of FSF/FSF Europe?

  3. Barring item 2, it seems to me that the only solution is to eliminate 
  all 
  third party software from Bacula and change the license to less restrictive 
  one that permits Bacula being linked with any Open Source software.

 The issue flagged by Fedora concerned that third-party code. In essence:
 If you remove all the vanilla GPLv2 or later software from Bacula you
 could also move back to your previous GPL+extra clauses license, or to a
 GPLv3 + OpenSSL exception license.

Is there some reason that marking only his code as GPLv2 + OpenSSL
exception, making it clear that other code (and which other code) included
in Bacula does not have such an exception, would not be acceptable to all
parties?  Granting an additional permission is not modifying the GPL, and as
long as the permission is detachable it would not make the license
incompatible with the vanilla GPLv2 used in other parts of the work; and
that would permit distributors to make an informed decision whether to
excise the GPLv2-only code in order to distribute binaries linked against
OpenSSL.

Thanks,
-- 
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Debian Developer   to set it on, and I can move the world.
[EMAIL PROTECTED]   http://www.debian.org/


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Re: Bacula and OpenSSL

2007-07-12 Thread Kern Sibbald
On Thursday 12 July 2007 18:06, Shane M. Coughlan wrote:
 Hi Kern
 
 Kern Sibbald wrote:
  What I would like:
  I would like Bacula to be able to be freely used by all distros without
  licensing problems with any Open Source software including OpenSSL.
 snip
  1. Convert Bacula to use gnutls.  One Debian user is working on this, but 
it
  is not a small nor an easy project.  And though it is something I consider
  very worthwhile for Bacula to work with gnutls, it doesn't resolve the
  problem of using Bacula with OpenSSL.
 
 I understood that you require OpenSSL for Bacula due to user demand, so
 you could not replace it by GNUTLS entirely. Is that correct?

Yes, that is essentially correct. gnutls could replace OpenSSL for nearly 
everyone, but some institutions such as banks and financial instututions may 
need the extra certification that OpenSSL has.

 
  2. You recently mentioned to me that GPL v3 may be a solution.  Like 
Linus, I
  don't see any reason to switch to GPL v3, but if using GPL v3 makes Bacula
  compatible with OpenSSL AND all distros are happy with that, it seems to 
me
  to be an easy solution.  I know that GPL v3 is compatible with the Apache
  license, but can you confirm whether or not it is compatible with whatever
  OpenSSL uses?  I would also appreciate having Debian's legal view on this
  question.
 
 There was the possibility that the final GPLv3 might turn out compatible
 with the OpenSSL licence. However, the published GPLv3 is not compatible
 with the OpenSSL licence. To be sure I also confirmed this with Brett
 Smith at FSF in Boston.

OK, thanks for the confirmation -- too bad.

 
  3. Barring item 2, it seems to me that the only solution is to eliminate 
all
  third party software from Bacula and change the license to less 
restrictive
  one that permits Bacula being linked with any Open Source software.
 
 The issue flagged by Fedora concerned that third-party code. In essence:
 If you remove all the vanilla GPLv2 or later software from Bacula you
 could also move back to your previous GPL+extra clauses license, or to a
 GPLv3 + OpenSSL exception license.

OK, I think the possible solutions are pretty clear to me.  Thank you for the 
rapid response.

Best regards,

Kern

 
 Regards
 
 Shane
 
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 Shane Coughlan
 FTF Coordinator
 Free Software Foundation Europe
 Office: +41435000366 ext 408 / Mobile: +41792633406
 [EMAIL PROTECTED]
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Re: Bacula and OpenSSL

2007-07-12 Thread Kern Sibbald
On Thursday 12 July 2007 18:06, Gervase Markham wrote:
 Kern Sibbald wrote:
  2. You recently mentioned to me that GPL v3 may be a solution.  Like 
Linus, I 
  don't see any reason to switch to GPL v3, but if using GPL v3 makes Bacula 
  compatible with OpenSSL AND all distros are happy with that, it seems to 
me 
  to be an easy solution.  I know that GPL v3 is compatible with the Apache 
  license, but can you confirm whether or not it is compatible with whatever 
  OpenSSL uses?  I would also appreciate having Debian's legal view on this 
  question.
 
 I don't believe that Debian provides legal views...

Perhaps it was a bad choice of words.  Debian has in the past provided me with 
their take on my license as it applies to their distribution, which is what 
interests me.

 
 My personal view is that GPLv3 is not compatible with the OpenSSL license.

That has been confirmed by FSFE (Shane).

 
 The problematic part of the OpenSSL license is the BSD advertising clause:
 
   * 3. All advertising materials mentioning features or use of this
   *software must display the following acknowledgment:
   *This product includes software developed by the OpenSSL Project
   *for use in the OpenSSL Toolkit. (http://www.openssl.org/)
 (From http://www.openssl.org/source/license.html)

I personally see no particular issue with the advertising clause from two 
points of view:
- if he really wants such an acknowledgement, why not. For me, it doesn't 
violate any of my fundamental rights.  If one mentions Windows, in any 
documentation whatsoever, one is required to mention that it is a trademark 
of Microsoft -- the same applies to a lot of other things as well, including 
the name Bacula :-)
- Bacula does no advertisment (we have a users manual, but that is not 
advertisement, IMO), so this clause would have no effect anyway.

 
 The only way this might be compatible with GPLv3 is if this clause was 
 permitted by one of the clauses in GPLv3 section 7, Additional Terms. 
 The only one under which it might fit is clause b):
 
Notwithstanding any other provision of this License, for material you
add to a covered work, you may (if authorized by the copyright holders
of that material) supplement the terms of this License with terms:
...
* b) Requiring preservation of specified reasonable legal notices
or author attributions in that material or in the Appropriate Legal
Notices displayed by works containing it;
 (From http://www.gnu.org/licenses/gpl.html)
 
 However, this only permits requiring preservation of notices in the 
 material. An advertisement mentioning OpenSSL is not part of OpenSSL, 
 and so this clause does not make point 3. of the OpenSSL license 
 GPLv3-compatible.
 
  3. Barring item 2, it seems to me that the only solution is to eliminate 
all 
  third party software from Bacula and change the license to less 
restrictive 
  one that permits Bacula being linked with any Open Source software.
 
 This seems the correct way forward in the long term.

Yes, that is the conculsion I have come to as well.  Thanks.

It seems a real pity to me that the GPL is so restrictive -- it should make my 
life as a programmer easier, but it has in fact made it harder.

Best regards,

Kern

 
 Gerv
 


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Re: Bacula and OpenSSL

2007-07-12 Thread Joe Smith


Kern Sibbald [EMAIL PROTECTED] wrote in message 
news:[EMAIL PROTECTED]

Hello Shane,

Bacula is nearing the end of a development cycle and the next version will 
be

released in a matter of weeks, so I would like to revisit the problem that
recently came up with the Bacula license.  My purpose is not to debate the
issues but rather come up with a plan forward for Bacula so that all
distributions can use it with OpenSSL or any other Open Source code 
without
problems.  Please excuse me if I provide you with a bit of my reasoning 
and
thoughts -- the idea is to help you target responses so I can end up with 
an

accpetable solution.

History:
Bacula originally used the GPL v2 license, but I added some modifications 
to
it -- most if not all are (IMO) now contained in the GPL v3.  However, 
some

of my original modifications created objections with Debian, so I removed
them. In addition, Debian has an issue with distributing Bacula linked 
with

OpenSSL and as a consequence, I added a modification to the GPL permitting
Debian to link Bacula with OpenSSL.

In more recent discussions with you, it seems that some of my 
modifications to

the GPL (particularly the Debian clause) created a legal problem with
Fedora and hence Red Hat because the GPL v2 is incompatible with the 
OpenSSL
license and because there are about 10-20 files in the Bacula source that 
are
copyrighted by third-parties under the GPL, so by modifying my license, I 
was

or could have been technically violating their licenses.


Well it is not a violation to have a mechanism to allow third parties to 
link to openSSL. The third parties
would be violating licences by linking the work (assuming the FSF's linking 
theories are in fact leagally sound),
however that is not your concern. What would be your concern is that 
distributions are often not willing to

distribute the linked executables, for obvious reasons.

However, for you the ideal situation would be to get permission from the 
copyright holders of the gpl'ed code you did not write to add a clause 
allowing linking to openssl. If you could do that, then just add the clause 
and everything is fine.


One other possibility you did not list in your message would be to convince 
openSSL to change the licence to one that is GPL-compatible. This seems 
highly unlikely (nearly impossible), but would finally fix this problem once 
and for all.  (The OpenSSL team feels the licence is GPL-compatible. It's 
unclear why, as it has a BSD like-advertising clause that is infamous for 
its GPL-incompatibility).





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Re: Bacula and OpenSSL

2007-07-12 Thread Josselin Mouette
Le jeudi 12 juillet 2007 à 16:41 +0200, Kern Sibbald a écrit :
 How do we get there?
 It seems to me that there are a number of alternatives:
 
 1. Convert Bacula to use gnutls.  One Debian user is working on this, but it 
 is not a small nor an easy project.  And though it is something I consider 
 very worthwhile for Bacula to work with gnutls, it doesn't resolve the 
 problem of using Bacula with OpenSSL.

This looks like a good thing to do in the long term anyway, and not only
for licensing matters.

 2. You recently mentioned to me that GPL v3 may be a solution.  Like Linus, I 
 don't see any reason to switch to GPL v3, but if using GPL v3 makes Bacula 
 compatible with OpenSSL AND all distros are happy with that, it seems to me 
 to be an easy solution.  I know that GPL v3 is compatible with the Apache 
 license, but can you confirm whether or not it is compatible with whatever 
 OpenSSL uses?  I would also appreciate having Debian's legal view on this 
 question.

The GPL v3 is not compatible with the OpenSSL license. However, section
6 states:
A separable portion of the object code, whose source code is
excluded from the Corresponding Source as a System Library, need
not be included in conveying the object code work.
Apart from the very bad wording, I think the OpenSSL libraries can be
perfectly considered as part of the System libraries.

This flaw of the GPLv3 is at least good for something. If your GPL
software can now be included in the HP-UX or AIX distribution, it can
also be included in Debian.

Please note that this is only applicable if your third-party
contributions are licensed under GPL v2 or later.

 3. Barring item 2, it seems to me that the only solution is to eliminate all 
 third party software from Bacula and change the license to less restrictive 
 one that permits Bacula being linked with any Open Source software.

GPL + OpenSSL exception would be enough to be sure. You may have more
luck convincing copyright owners to grant an OpenSSL exception than to
accept an entirely new license.

Cheers,
-- 
 .''`.
: :' :  We are debian.org. Lower your prices, surrender your code.
`. `'   We will add your hardware and software distinctiveness to
  `-our own. Resistance is futile.


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Re: Bacula and OpenSSL

2007-07-12 Thread Josselin Mouette
Le jeudi 12 juillet 2007 à 20:18 +0200, Kern Sibbald a écrit :
 It seems a real pity to me that the GPL is so restrictive -- it should make 
 my 
 life as a programmer easier, but it has in fact made it harder.

The main point of the GPL is not to make your life easier, but to
prevent your code from being used unfairly.

If you want to go the easy way you should choose the MIT license :)

-- 
 .''`.
: :' :  We are debian.org. Lower your prices, surrender your code.
`. `'   We will add your hardware and software distinctiveness to
  `-our own. Resistance is futile.


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Re: Bacula and OpenSSL

2007-07-12 Thread Kern Sibbald
On Thursday 12 July 2007 22:52, Josselin Mouette wrote:
 Le jeudi 12 juillet 2007 à 16:41 +0200, Kern Sibbald a écrit :
  How do we get there?
  It seems to me that there are a number of alternatives:
  
  1. Convert Bacula to use gnutls.  One Debian user is working on this, but 
it 
  is not a small nor an easy project.  And though it is something I consider 
  very worthwhile for Bacula to work with gnutls, it doesn't resolve the 
  problem of using Bacula with OpenSSL.
 
 This looks like a good thing to do in the long term anyway, and not only
 for licensing matters.
 
  2. You recently mentioned to me that GPL v3 may be a solution.  Like 
Linus, I 
  don't see any reason to switch to GPL v3, but if using GPL v3 makes Bacula 
  compatible with OpenSSL AND all distros are happy with that, it seems to 
me 
  to be an easy solution.  I know that GPL v3 is compatible with the Apache 
  license, but can you confirm whether or not it is compatible with whatever 
  OpenSSL uses?  I would also appreciate having Debian's legal view on this 
  question.
 
 The GPL v3 is not compatible with the OpenSSL license. However, section
 6 states:
 A separable portion of the object code, whose source code is
 excluded from the Corresponding Source as a System Library, need
 not be included in conveying the object code work.
 Apart from the very bad wording, I think the OpenSSL libraries can be
 perfectly considered as part of the System libraries.
 
 This flaw of the GPLv3 is at least good for something. If your GPL
 software can now be included in the HP-UX or AIX distribution, it can
 also be included in Debian.

Well, I don't consider the above a flaw. The flaw (restriction of my freedom) 
is in GPL if it does not permit linking with OpenSSL (IMO).

I agree with your interpretation, but I'm pretty sure that is not 
the official interpretation that Debian takes or am I mistaken?  

In fact, I consider for linking with Bacula as a separately installed piece of 
the system libraries that OpenSSL is part of the operating system in the 
same way that tcp wrappers or glibc is or any other library is, which would 
mean that there should be no problem with GPL v2.  However, I know as a fact 
that as far as GPL v2 goes, Debian definitely does not agree with my 
interpretation.

 
 Please note that this is only applicable if your third-party
 contributions are licensed under GPL v2 or later.

Bacula code is GPL v2, but all third party GPL'ed code (mostly FSF) is GPL v2 
or later.

 
  3. Barring item 2, it seems to me that the only solution is to eliminate 
all 
  third party software from Bacula and change the license to less 
restrictive 
  one that permits Bacula being linked with any Open Source software.
 
 GPL + OpenSSL exception would be enough to be sure. You may have more
 luck convincing copyright owners to grant an OpenSSL exception than to
 accept an entirely new license.

I am told that FSF never grants exceptions so this is a hopeless path that I 
have already explored.

Regards,

Kern

Unless Debian finds that GPL v3 will work with OpenSSL, barring one more 
unexplored avenue, over time, I'll purge all third party GPL'ed code and 
either modify or more likely switch off the GPL license ...

 
 Cheers,
 -- 
  .''`.
 : :' :  We are debian.org. Lower your prices, surrender your code.
 `. `'   We will add your hardware and software distinctiveness to
   `-our own. Resistance is futile.
 



Re: Bacula and OpenSSL

2007-07-12 Thread Kern Sibbald
On Thursday 12 July 2007 22:59, Josselin Mouette wrote:
 Le jeudi 12 juillet 2007 à 20:18 +0200, Kern Sibbald a écrit :
  It seems a real pity to me that the GPL is so restrictive -- it should 
make my 
  life as a programmer easier, but it has in fact made it harder.
 
 The main point of the GPL is not to make your life easier, but to
 prevent your code from being used unfairly.
 
 If you want to go the easy way you should choose the MIT license :)

I would like a tit-for-a-tat clause so that those who modify it and distribute 
it are obligated to publish their modifications.  The MIT license does not 
provide that.

 
 -- 
  .''`.
 : :' :  We are debian.org. Lower your prices, surrender your code.
 `. `'   We will add your hardware and software distinctiveness to
   `-our own. Resistance is futile.
 



Re: Bacula and OpenSSL

2007-07-12 Thread Josselin Mouette
Le jeudi 12 juillet 2007 à 23:42 +0200, Kern Sibbald a écrit :
  This flaw of the GPLv3 is at least good for something. If your GPL
  software can now be included in the HP-UX or AIX distribution, it can
  also be included in Debian.
 
 Well, I don't consider the above a flaw. The flaw (restriction of my freedom) 
 is in GPL if it does not permit linking with OpenSSL (IMO).

This is a flaw in the copyleft, because it allows proprietary software
distributors to benefit from the software more than they deserve. As for
not being compatible with the OpenSSL license, this is intentional and
the fact the GPLv3 wasn't changed to allow it confirms this intention.
The advertising clause is not problematic for Bacula, but it may be so
for much other software.

 I agree with your interpretation, but I'm pretty sure that is not 
 the official interpretation that Debian takes or am I mistaken?  

The GPLv3 is quite new and I don't think all consequences have been
explored. Anyway, it would be more relevant to know whether the
copyright holders (here, the FSF) agree that this clause applies to
OpenSSL in Debian (which is priority important and required by key
components of the windowing system).

 In fact, I consider for linking with Bacula as a separately installed piece 
 of 
 the system libraries that OpenSSL is part of the operating system in the 
 same way that tcp wrappers or glibc is or any other library is, which would 
 mean that there should be no problem with GPL v2.  However, I know as a fact 
 that as far as GPL v2 goes, Debian definitely does not agree with my 
 interpretation.

This is true for Bacula packages you would distribute yourself, but this
is *not* the case for packages included in Debian. The GPLv2 reads:

However, as a special exception, the source code distributed
need not include anything that is normally distributed (in
either source or binary form) with the major components
(compiler, kernel, and so on) of the operating system on which
the executable runs, *unless that component itself accompanies
the executable*.

This clause couldn't be more explicit. Debian ships all its software at
the same place, which means the exception doesn't apply.

 Bacula code is GPL v2, but all third party GPL'ed code (mostly FSF) is GPL v2 
 or later.

Then, unless I have seriously misunderstood the reworded system
libraries exception, I think relicensing Bacula under the GPLv3 (or
dual-licensing under v2 and v3) should be fine for Debian.

 I am told that FSF never grants exceptions so this is a hopeless path that I 
 have already explored.

Indeed.

-- 
 .''`.
: :' :  We are debian.org. Lower your prices, surrender your code.
`. `'   We will add your hardware and software distinctiveness to
  `-our own. Resistance is futile.


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Re: Bacula and OpenSSL

2007-07-12 Thread Kern Sibbald
On Friday 13 July 2007 01:31, Josselin Mouette wrote:
 Le jeudi 12 juillet 2007 à 23:42 +0200, Kern Sibbald a écrit :
   This flaw of the GPLv3 is at least good for something. If your GPL
   software can now be included in the HP-UX or AIX distribution, it can
   also be included in Debian.
  
  Well, I don't consider the above a flaw. The flaw (restriction of my 
freedom) 
  is in GPL if it does not permit linking with OpenSSL (IMO).
 
 This is a flaw in the copyleft, because it allows proprietary software
 distributors to benefit from the software more than they deserve. As for
 not being compatible with the OpenSSL license, this is intentional and
 the fact the GPLv3 wasn't changed to allow it confirms this intention.
 The advertising clause is not problematic for Bacula, but it may be so
 for much other software.
 
  I agree with your interpretation, but I'm pretty sure that is not 
  the official interpretation that Debian takes or am I mistaken?  
 
 The GPLv3 is quite new and I don't think all consequences have been
 explored. Anyway, it would be more relevant to know whether the
 copyright holders (here, the FSF) agree that this clause applies to
 OpenSSL in Debian (which is priority important and required by key
 components of the windowing system).
 
  In fact, I consider for linking with Bacula as a separately installed 
piece of 
  the system libraries that OpenSSL is part of the operating system in the 
  same way that tcp wrappers or glibc is or any other library is, which 
would 
  mean that there should be no problem with GPL v2.  However, I know as a 
fact 
  that as far as GPL v2 goes, Debian definitely does not agree with my 
  interpretation.
 
 This is true for Bacula packages you would distribute yourself, but this
 is *not* the case for packages included in Debian. The GPLv2 reads:
 
 However, as a special exception, the source code distributed
 need not include anything that is normally distributed (in
 either source or binary form) with the major components
 (compiler, kernel, and so on) of the operating system on which
 the executable runs, *unless that component itself accompanies
 the executable*.
 
 This clause couldn't be more explicit. Debian ships all its software at
 the same place, which means the exception doesn't apply.

I think you are misreading the above.  It simply says that for us who 
distribute Bacula code only, we are not required to distribute the source 
code for other major components that Bacula may use, such as glibc, 
tcpwrappers, or OpenSSL.  

However, you (Debian) who distribute a whole operating system, must also 
include all the source to all the packages, which is exactly what you do.  
The source code that you distribute includes the source to OpenSSL.  There is 
no issue here since the source code must just be available on request, which 
is the case.  It doesn't have to ship with the binaries.

 
  Bacula code is GPL v2, but all third party GPL'ed code (mostly FSF) is GPL 
v2 
  or later.
 
 Then, unless I have seriously misunderstood the reworded system
 libraries exception, I think relicensing Bacula under the GPLv3 (or
 dual-licensing under v2 and v3) should be fine for Debian.

Sorry, but could you run it by me one more time why GPL v3 will work for 
Debian and why GPL v2 will not.  The problem on GPL v2 for me was I needed to 
make an exception, which I cannot do without violating the 3rd party GPL 
licensed code I use.  Why does GPL v3 resolve this?From what I 
understood, you are saying that in GPL v3 any separate object code does not 
require releasing the source for that object code -- i.e. it is now possible 
for a GPLed program to link to a separate object that is built from 
proprietary source?

 
  I am told that FSF never grants exceptions so this is a hopeless path that 
I 
  have already explored.
 
 Indeed.

There is a certain logic in that response since they have pushed hard for 
reducing the number of licenses, it makes sense that they are not going to 
favor making derivatives themselves to their own licenses ...

 
 -- 
  .''`.
 : :' :  We are debian.org. Lower your prices, surrender your code.
 `. `'   We will add your hardware and software distinctiveness to
   `-our own. Resistance is futile.