Re: Ironies abound (was Re: GPL v3 draft)

2006-01-19 Thread Alexander Terekhov
On 1/19/06, Glenn Maynard [EMAIL PROTECTED] wrote:
[...]
 compatible with itself

The GPL is incompatible with itself.

quote***

A recent press conference of the Free Software Foundation confirmed
the rumors that the GNU General Public License was found to be
incompatible with itself. This newly discovered fact may actually
cause a lot of disorder in the free software world in which most
programs and libraries are licensed under this license.

Richard Stallman, chairman of the FSF, called upon developers to
immediately exempt GPL-licensed software from the GPL, as far as
linking them with GPL programs is concerned. We have already made
sure all GNU software and every other software that is licensed to
the Free Software Foundation would be ad-hoc compatible with itself.
However we need other developers to do the same for their software,
Stallman said.

Eben Moglen, the FSF's attorney outlined the subsequent steps that
his organization will take to overcome this crisis. The first step
would be releasing a Modified General Public License (or MGPL for
short) that will be compatible with the GPL and with itself as well
as with all other licenses that the GPL is already compatible with.
It will be labeled the GPL version 2.1, thus allowing developers to
convert their software to it. He noted that care would be taken to
make sure the upcoming GPL version 3.0 will be compatible with
itself, as well as the MGPL.

For the time being, though, there is an explosion of commentary,
confusion and otherwise bad temper about the newly formed situation.
Eric S. Raymond, the famous Open Source Guru notes: This is one of
the greatest blows to the Open Source world, I have yet encountered.
I have already exempted all of my own software from the GPL in this
regard, but there is a lot of other software out there, and many of
its authors are not very communicative.

Bill Gates, Microsoft's co-founder, on the other hand, seems to
find the situation very amusing: I said times and again, that
viral licenses such as the GPL are a bad idea, and many open-source
advocates disagreed. Now they see that even making sure one's
license is compatible with itself, is hard to do when you open that
can of worms.

The integrity of many software projects whose license is the GPL and
yet contain works licensed by several developers is in jeopardy. The
Linux kernel is a prominent example of such a case. In a post to its
mailing list, Linus Torvalds commented that, in their case, it was
not an issue. My interpretation of the GPL is already quite unusual,
so I'll simply rule that I also interpret the GPL as compatible with
itself.

/quote

regards,
alexander.

***) Posted by Shlomi Fish on Monday April 01



Re: Ironies abound (was Re: GPL v3 draft)

2006-01-19 Thread Yorick Cool
What is it you need to get rid of trolls? Fire?

On Thu, Jan 19, 2006 at 02:33:41PM +0100, Alexander Terekhov wrote:
Alexander On 1/19/06, Glenn Maynard [EMAIL PROTECTED] wrote:
Alexander [...]
Alexander  compatible with itself
Alexander 
Alexander The GPL is incompatible with itself.
Alexander 
Alexander quote***
Alexander 
Alexander A recent press conference of the Free Software Foundation confirmed
Alexander the rumors that the GNU General Public License was found to be
Alexander incompatible with itself. This newly discovered fact may actually
Alexander cause a lot of disorder in the free software world in which most
Alexander programs and libraries are licensed under this license.
Alexander 
Alexander Richard Stallman, chairman of the FSF, called upon developers to
Alexander immediately exempt GPL-licensed software from the GPL, as far as
Alexander linking them with GPL programs is concerned. We have already made
Alexander sure all GNU software and every other software that is licensed to
Alexander the Free Software Foundation would be ad-hoc compatible with itself.
Alexander However we need other developers to do the same for their software,
Alexander Stallman said.
Alexander 
Alexander Eben Moglen, the FSF's attorney outlined the subsequent steps that
Alexander his organization will take to overcome this crisis. The first step
Alexander would be releasing a Modified General Public License (or MGPL for
Alexander short) that will be compatible with the GPL and with itself as well
Alexander as with all other licenses that the GPL is already compatible with.
Alexander It will be labeled the GPL version 2.1, thus allowing developers to
Alexander convert their software to it. He noted that care would be taken to
Alexander make sure the upcoming GPL version 3.0 will be compatible with
Alexander itself, as well as the MGPL.
Alexander 
Alexander For the time being, though, there is an explosion of commentary,
Alexander confusion and otherwise bad temper about the newly formed situation.
Alexander Eric S. Raymond, the famous Open Source Guru notes: This is one of
Alexander the greatest blows to the Open Source world, I have yet encountered.
Alexander I have already exempted all of my own software from the GPL in this
Alexander regard, but there is a lot of other software out there, and many of
Alexander its authors are not very communicative.
Alexander 
Alexander Bill Gates, Microsoft's co-founder, on the other hand, seems to
Alexander find the situation very amusing: I said times and again, that
Alexander viral licenses such as the GPL are a bad idea, and many open-source
Alexander advocates disagreed. Now they see that even making sure one's
Alexander license is compatible with itself, is hard to do when you open that
Alexander can of worms.
Alexander 
Alexander The integrity of many software projects whose license is the GPL and
Alexander yet contain works licensed by several developers is in jeopardy. The
Alexander Linux kernel is a prominent example of such a case. In a post to its
Alexander mailing list, Linus Torvalds commented that, in their case, it was
Alexander not an issue. My interpretation of the GPL is already quite unusual,
Alexander so I'll simply rule that I also interpret the GPL as compatible with
Alexander itself.
Alexander 
Alexander /quote
Alexander 
Alexander regards,
Alexander alexander.
Alexander 
Alexander ***) Posted by Shlomi Fish on Monday April 01
Alexander 

-- 
Yorick 


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Re: Ironies abound (was Re: GPL v3 draft)

2006-01-19 Thread Alexander Terekhov
On 1/19/06, Yorick Cool [EMAIL PROTECTED] wrote:
 What is it you need to get rid of trolls? Fire?

A troll hunter.

regards,
alexander.



Re: Ironies abound (was Re: GPL v3 draft)

2006-01-19 Thread Alexander Terekhov
On 1/19/06, Alexander Terekhov [EMAIL PROTECTED] wrote:
 On 1/19/06, Glenn Maynard [EMAIL PROTECTED] wrote:
 [...]
  compatible with itself

 The GPL is incompatible with itself. [ ... Shlomi Fish on Monday April 01 ...]

Beside that,

http://www.onlamp.com/pub/a/onlamp/2005/09/22/gpl3.html?page=2

RMS:

-
Even small changes from version 2 of the GPL will result in an incompatible
license. Two slightly different licenses, each saying that modified versions of
a program must be distributed under the same license, are inevitably
incompatible. That's why we suggest that programs permit use of future
versions of the GPL. It is the only way they can migrate.
-

regards,
alexander.



Re: Ironies abound (was Re: GPL v3 draft)

2006-01-19 Thread MJ Ray
Yorick Cool [EMAIL PROTECTED]
 What is it you need to get rid of trolls? Fire?

A clue-by-four, the same as used for top-post/whole-quoters.

(ObSerious: please stop feeding the troll, please follow
the code of conduct and no top-posting. That means you.)

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Re: Ironies abound (was Re: GPL v3 draft)

2006-01-19 Thread Alexander Terekhov
Hands Off Yorick!

On 1/19/06, MJ Ray [EMAIL PROTECTED] wrote:
 Yorick Cool [EMAIL PROTECTED]
  What is it you need to get rid of trolls? Fire?

 A clue-by-four, the same as used for top-post/whole-quoters.

 (ObSerious: please stop feeding the troll, please follow
 the code of conduct and no top-posting. That means you.)

 --
 MJR/slef
 My Opinion Only: see http://people.debian.org/~mjr/
 Please follow http://www.uk.debian.org/MailingLists/#codeofconduct


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regards,
alexander.



Re: Clause 7d (was Re: Ironies abound (was Re: GPL v3 draft)

2006-01-19 Thread Gervase Markham
Nathanael Nerode wrote:
 So here it is:
 7d. They may require that propagation of a covered work which causes it to 
 have users other than You, must enable all users of the work to make and 
 receive copies of the work.

I like this, together with Arnoud's suggestions. But Walter is right;
the devil is in the detail of defining user. In order for the clause
to maintain the market in addon clauses which the FSF has talked
about, you have to leave it up to the specific clause to define where
the line is. And then debian-legal will have the lovely job of judging
27 different variants and deciding which ones are free.

There's also a comment discussing potential revisions of this clause on
their wiki-like thing. It has my suggestion in, which is along the same
lines, but I like yours better.
http://gplv3.fsf.org/comments/rt/readsay.html?id=204

I think it's inevitable that, whatever this clause ends up like, it'll
be possible to write a non-free additional term with it. But we can at
least get it phrased in a way which makes it possible to, and encourages
people to write free terms.

Gerv




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Re: Ironies abound (was Re: GPL v3 draft)

2006-01-19 Thread Matthew Palmer
On Thu, Jan 19, 2006 at 02:46:52PM +0100, Yorick Cool wrote:
 What is it you need to get rid of trolls? Fire?

A billy goat gruff, if I remember my mythology correctly.

- Matt


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Re: Ironies abound (was Re: GPL v3 draft)

2006-01-18 Thread Marco d'Itri
[EMAIL PROTECTED] wrote:

I'm not going to defend patch clauses. I think they're massively
horrible things, and the world would be a better place without them. But
deciding that they're not free any more would involve altering our
standards of freedom, and I don't see any way that we can reasonably do
that.
Agreed. The original DFSG used to reflect pretty well what was the
consensus about freedom in the free software community (not just
Debian). While patch clauses are indeed highly annoying they have always
been widely considered free, both in and outside Debian.
It's unfortunate that, after trying for years to subtly change its
meaning, newcomers now are proposing to radically remove some of its
balances.

-- 
ciao,
Marco


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Re: Ironies abound (was Re: GPL v3 draft)

2006-01-18 Thread MJ Ray
Matthew Garrett:
 Because saying We used to think that this sort of license provided you
 with all necessary freedoms, but now we've decided that it doesn't
 looks astonishingly bad?

Is not looking bad more important than getting it right eventually?
(Start aliasing [EMAIL PROTECTED] to /dev/null: a big BTS looks bad.)

Another irony. I thought Matthew Garrett usually argued for
changing views at the drop of a hat. For example, changing
position and letting the project sell stuff near the end of
http://lists.debian.org/debian-project/2005/09/msg00091.html
even though saying we used to say that we wouldn't compete
with debian retailers, but now we've decided that we will
looks astonishingly bad.

I don't think looking bad is a good reason not to
re-evaluate a position, but let's honour past agreements
until obsoleted.

Personally, I think some patch clauses are free enough to
allow the four freedoms, although most are a nuisance
in practice. I'm happy to discuss that: why not?

-- 
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My Opinion Only: see http://people.debian.org/~mjr/
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Re: Ironies abound (was Re: GPL v3 draft)

2006-01-18 Thread Matthew Garrett
Glenn Maynard [EMAIL PROTECTED] wrote:
 On Wed, Jan 18, 2006 at 06:24:19AM +, Matthew Garrett wrote:
 What mistakes? Pretty much the entire free software community believes
 that patch-clause licenses are acceptable. Why do you think that they're
 not?
 
 You're asking me to repeat the entire discussion I just had with you and
 Michael, where I explained very explicitly the serious problems of patch
 clauses?  If you've accidentally deleted your mailbox, I'm sure it's in
 the list archives.

No, you've described why they cause practical inconvenience. You haven't
described why everyone else ever was wrong.

-- 
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Re: Ironies abound (was Re: GPL v3 draft)

2006-01-18 Thread Matthew Garrett
Michio Ray [EMAIL PROTECTED] wrote:

 Is not looking bad more important than getting it right eventually?
 (Start aliasing [EMAIL PROTECTED] to /dev/null: a big BTS looks bad.)

Nngh.

 Another irony. I thought Matthew Garrett usually argued for
 changing views at the drop of a hat. For example, changing
 position and letting the project sell stuff near the end of
 http://lists.debian.org/debian-project/2005/09/msg00091.html
 even though saying we used to say that we wouldn't compete
 with debian retailers, but now we've decided that we will
 looks astonishingly bad.

You seem to have misunderstood me. I'm not saying that changing our
minds on things is bad. I'm saying that diverging from the rest of the
community for no good reason looks bad. It's hardly as if patch clauses
were badly understood when the DFSG were written. There's no way you can
claim Oh, they didn't know what they were talking about. The people
who wrote this document considered the issue and decided that the
practical implications were not sufficiently offensive to avoid
describing them as free.

Since then, the practical freedoms provided by patch clauses have
increased. Altering the DFSG would be a clear redefinition of our stance
on freedom, and there would be no way that anyone could argue that it
was in any way in line with community consensus. Do I think that would
look bad? Yes, I do. The DFSG should reflect reality, like our website
should do.

-- 
Matthew Garrett | [EMAIL PROTECTED]
My preferred name is you


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Clause 7d (was Re: Ironies abound (was Re: GPL v3 draft)

2006-01-18 Thread Nathanael Nerode
Well, I did devise a potentially Free alternative for the infamous clause 7d 
after an hour or two's thought.

The key point here was that the clause suffered from specifying means rather 
than ends, which we have diagnosed as a major source of license drafting 
errors.  By restricting the functionality of the program and all derivative 
works, it causes endless trouble.  Instead, I attempted to rewrite this as a 
restriction which could be imposed on the recipients of the license.

So here it is:
7d. They may require that propagation of a covered work which causes it to 
have users other than You, must enable all users of the work to make and 
receive copies of the work.

This leverages the careful definition of propagate up top, so that it avoids 
restricting any acitivities which do not require a copyright license.

A restriction along these lines would mean that
(1) it imposes no restrictions on the *writers* of derivative works
(2) If you've already distributed (or offered to distribute) the work to all 
its users (the normal case and the troublesome one for the original clause), 
you have no additional obligations
(3) making the program available for users over the Internet (or on a local 
server) -- if and only if that requires a copyright license, which it 
probably does -- requires that you provide access to the source code to those 
users, according to the usual GPL v3 clauses regarding distributing copies.

What do other people think of this?  It's sort of a forced distribution 
clause, but it only forces distribution to the people you're already allowing 
to use the program.  If it's considered acceptable, we could push to have 
this replace the proposed (7d).


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Re: Clause 7d (was Re: Ironies abound (was Re: GPL v3 draft)

2006-01-18 Thread Josh Triplett
Nathanael Nerode wrote:
 The key point here was that the clause suffered from specifying means rather 
 than ends, which we have diagnosed as a major source of license drafting 
 errors.  By restricting the functionality of the program and all derivative 
 works, it causes endless trouble.

That perfectly describes my problem with the clause as written.

 Instead, I attempted to rewrite this as a 
 restriction which could be imposed on the recipients of the license.
 
 So here it is:
 7d. They may require that propagation of a covered work which causes it to 
 have users other than You, must enable all users of the work to make and 
 receive copies of the work.
 
 This leverages the careful definition of propagate up top, so that it 
 avoids 
 restricting any acitivities which do not require a copyright license.
 
 A restriction along these lines would mean that
 (1) it imposes no restrictions on the *writers* of derivative works
 (2) If you've already distributed (or offered to distribute) the work to all 
 its users (the normal case and the troublesome one for the original clause), 
 you have no additional obligations
 (3) making the program available for users over the Internet (or on a local 
 server) -- if and only if that requires a copyright license, which it 
 probably does -- requires that you provide access to the source code to those 
 users, according to the usual GPL v3 clauses regarding distributing copies.
 
 What do other people think of this?  It's sort of a forced distribution 
 clause, but it only forces distribution to the people you're already allowing 
 to use the program.  If it's considered acceptable, we could push to have 
 this replace the proposed (7d).

I believe this clause addresses the issue perfectly, and I agree with
proposing it as a replacement.

- Josh Triplett


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Re: Clause 7d (was Re: Ironies abound (was Re: GPL v3 draft)

2006-01-18 Thread Arnoud Engelfriet
Nathanael Nerode wrote:
 7d. They may require that propagation of a covered work which causes it to 
 have users other than You, must enable all users of the work to make and 
 receive copies of the work.

This sounds a lot better. I would suggest using work based on the
Program to re-use that definition as well. Also, how about just
to receive copies and add under the terms of this License.

Or maybe refer to the article that allows you to make copies.
Then you nicely catch all the other requirements that you have to
fulfil (storage medium, written offer, etc). 

And this just occurs to me: do I need to have a world-readable
/usr/src if I let people log into my system and use a tool that
is GPLv3 with 7d enabled? 

Arnoud

-- 
Arnoud Engelfriet, Dutch  European patent attorney - Speaking only for myself
Patents, copyright and IPR explained for techies: http://www.iusmentis.com/


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Re: Clause 7d (was Re: Ironies abound (was Re: GPL v3 draft)

2006-01-18 Thread Matthew Palmer
On Wed, Jan 18, 2006 at 11:52:39AM -0500, Nathanael Nerode wrote:
 Well, I did devise a potentially Free alternative for the infamous clause 7d 
 after an hour or two's thought.
 
 The key point here was that the clause suffered from specifying means rather 
 than ends, which we have diagnosed as a major source of license drafting 
 errors.  By restricting the functionality of the program and all derivative 
 works, it causes endless trouble.  Instead, I attempted to rewrite this as a 
 restriction which could be imposed on the recipients of the license.
 
 So here it is:
 7d. They may require that propagation of a covered work which causes it to 
 have users other than You, must enable all users of the work to make and 
 receive copies of the work.
 
 This leverages the careful definition of propagate up top, so that it 
 avoids 
 restricting any acitivities which do not require a copyright license.

Neat, although a little hard to understand at first without the context of
what it's referring to (Affero-like clauses).  I certainly like it a lot
more than the original, though, for all of the reasons you cited.

 What do other people think of this?  It's sort of a forced distribution 
 clause, but it only forces distribution to the people you're already allowing 
 to use the program.  If it's considered acceptable, we could push to have 
 this replace the proposed (7d).

I like it, and I think it should be definitely be submitted to the FSF for
consideration.

- Matt


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Re: Ironies abound (was Re: GPL v3 draft)

2006-01-18 Thread Glenn Maynard
On Tue, Jan 17, 2006 at 07:18:10PM -0800, Steve Langasek wrote:
 But in that case, you might find it more fruitful to discuss this clause
 with the FSF itself rather than with debian-legal.

Well, I'm not discussing these things here to try to get the weight of this
would make Debian call the GPLv3 non-free, since the GFDL showed just how
much weight that holds with the FSF.  I do want to know what others here
think about these things, though, and to let anyone who agrees with these
things to lend their voice to fixing them.

-- 
Glenn Maynard


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Re: Clause 7d (was Re: Ironies abound (was Re: GPL v3 draft)

2006-01-18 Thread Alexander Terekhov
On 1/18/06, Matthew Palmer [EMAIL PROTECTED] wrote:
[...}
 What do other people think of this?

I think the GPLv3 is great. It's perfect impotence pill for (ordinary
contractual) stuff like OSL, IPL, CPL and whatnot the FSF is going to
deem now compatible.

The OSI approval (I just pray that someone submits it) will be fun.

regards,
alexander.



Re: Ironies abound (was Re: GPL v3 draft)

2006-01-18 Thread Nathanael Nerode
Glenn Maynard wrote:
 No, I've described why they practically *prohibit* code reuse.  The only
 counterarguments I've ever seen are:
 
  - code reuse isn't important (often thinly veiled as eg. you don't
really need to reuse code, you can always rewrite it), and
  - if you really want to reuse code, you can create a complex, massively
impractical patching system to handle it (and I'm not convinced that's
even possible, when two separate patch-clause code bits end up mashed
closely together).
Incidentally, I think you're right about this; I don't really see how to 
distribute a single file in the form of a patch to TeX and a patch to, say, 
an old release of Qt (under their patch clause) simultaneously.  If I put the 
Qt code into the patch to TeX, I violate the Qt license; if I put the TeX 
code into the patch to Qt, I violate the TeX license; if I do neither, I 
violate both licenses.

Have you heard argument three?
A new license incompatible with all other free software licenses practically 
prohibits code reuse in the same way.  This sucks, but we consider it Free 
(while discouraging it).  Patch clauses suck in the exact same way, so we 
should consider them Free too (while discouraging them).




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Re: Ironies abound (was Re: GPL v3 draft)

2006-01-18 Thread Glenn Maynard
On Wed, Jan 18, 2006 at 11:14:03PM -0500, Nathanael Nerode wrote:
 Have you heard argument three?
 A new license incompatible with all other free software licenses practically 
 prohibits code reuse in the same way.  This sucks, but we consider it Free 
 (while discouraging it).  Patch clauses suck in the exact same way, so we 
 should consider them Free too (while discouraging them).

The difference is that such a license is at least compatible with itself: if
you put your software under the same license, or something almost guaranteed 
to be compatible (eg. public domain), you can reuse the code.  Patch clauses
aren't even compatible with themselves: putting your work under the same
license doesn't fix it.

Also, a license incompatible with other licenses wouldn't cause problems like
can't put the code in CVS.  I have trouble viewing any software under a
license that prohibits the use of ordinary source control as a valuable
contribution to free software.

-- 
Glenn Maynard


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Re: Ironies abound (was Re: GPL v3 draft)

2006-01-17 Thread Glenn Maynard
On Tue, Jan 17, 2006 at 04:10:38PM -0800, Joe Buck wrote:
 All these objections from Debian folks, and no one has yet noticed the
 irony that the type of clause in question (the Affero language) has been
 championed by the man who wrote the DFSG, Bruce Perens.  Bruce repeatedly
 called the ability to publicly perform a work derived from a GPLed work,
 but not make the changes public, was a terrible loophole that had to be
 fixed, and promised to lobby RMS to fix it.

After the ironies surrounding the GFDL and the FSF, I'm beginning to
become desensitized ...

 Should the Debian project make a stink anyway?  Only if you also want to
 make a stink about the LGPL, the X license, and every non-copyleft
 license, because all permit a derivative work to add something like the
 Affero clause.

There's a wide difference.  The GPLv3 is explicitly making a statement:
these restrictions are acceptable.  Permissive licenses merely say I
don't care.  It implies that the FSF considers such restrictions free,
and either hasn't considered, or doesn't care, about the legitimate
applications that it implicitly prohibits.

I don't think anybody is claiming this license exception is non-free in
and of itself (if I have, it was in error), but that doesn't make it not
damaging.

 Too many developers of licenses seem to picture users making small
 changes, instead of creating mashups that take bits of many programs to
 make new ones.

Indeed, that's exactly the problem with this type of restriction; it
assumes people aren't going to reuse bits of their code in ways entirely
different from what they used it for.  It makes it impossible to reuse
useful bits from a networked application inside a non-networked application.
If the FSF considers it free, I have to wonder whether they consider code
reuse to be important at all.

(On the same note, the patch exception in DFSG#4 has got to go; patch
clauses prohibit code reuse entirely.  Some day ...)

-- 
Glenn Maynard


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Re: Ironies abound (was Re: GPL v3 draft)

2006-01-17 Thread Matthew Garrett
Glenn Maynard [EMAIL PROTECTED] wrote:

 There's a wide difference.  The GPLv3 is explicitly making a statement:
 these restrictions are acceptable.  Permissive licenses merely say I
 don't care.  It implies that the FSF considers such restrictions free,
 and either hasn't considered, or doesn't care, about the legitimate
 applications that it implicitly prohibits.

The fact that they claim the Affero license is free didn't suggest that
to you already?

 (On the same note, the patch exception in DFSG#4 has got to go; patch
 clauses prohibit code reuse entirely.  Some day ...)

Patch clauses only prohibit code reuse if your build system is
insufficiently complicated.

-- 
Matthew Garrett | [EMAIL PROTECTED]


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Re: Ironies abound (was Re: GPL v3 draft)

2006-01-17 Thread Don Armstrong
On Wed, 18 Jan 2006, Matthew Garrett wrote:
 Glenn Maynard [EMAIL PROTECTED] wrote:
  (On the same note, the patch exception in DFSG#4 has got to go;
  patch clauses prohibit code reuse entirely. Some day ...)
 
 Patch clauses only prohibit code reuse if your build system is
 insufficiently complicated.

And you are willing to contain an entire copy of the codebase from
which you are extracting. [Unless the patch clause is per-file...]


Don Armstrong

-- 
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of the modern world.

http://www.donarmstrong.com  http://rzlab.ucr.edu


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Re: Ironies abound (was Re: GPL v3 draft)

2006-01-17 Thread Glenn Maynard
On Wed, Jan 18, 2006 at 02:37:15AM +, Matthew Garrett wrote:
 The fact that they claim the Affero license is free didn't suggest that
 to you already?

Personally, I stopped paying attention to what they claim is free and
non-free when they called the GFDL free.  I just expect people to go
hey, the GPL itself says it's OK; it must be a good thing, and it
doesn't cause GPL-incompatibility anymore, let's do it!

  (On the same note, the patch exception in DFSG#4 has got to go; patch
  clauses prohibit code reuse entirely.  Some day ...)
 
 Patch clauses only prohibit code reuse if your build system is
 insufficiently complicated.

If I'm reusing a function from one project with a patch clause, sure.  I
can distribute my entire project as a patch against the project whose
code I'm reusing.  That's hardly reasonable.  It also prohibits me from
using public CVS for my project, since that would perform distribution
of the modified reused code in a form other than a patch against the
original.

If I'm reusing two functions from two or more patch-clause projects, it
becomes much worse.

Patch clauses assume that the only type of modification anyone would ever
want to do to a work is to change the original (eg. the bug fix, feature
addition variety), ignoring the practice of pulling out code from one
project and putting it in another.

I also don't understand why anyone would actually want to defend patch
clauses.  There are very few of them left, so I don't think there's much
of that don't want my pet package declared non-free agenda going on,
and it seems like an obviously unreasonable hurdle to reuse.  It seems
like a compromise whose time has passed.

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Glenn Maynard


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Re: Ironies abound (was Re: GPL v3 draft)

2006-01-17 Thread Matthew Garrett
Glenn Maynard [EMAIL PROTECTED] wrote:

 I also don't understand why anyone would actually want to defend patch
 clauses.  There are very few of them left, so I don't think there's much
 of that don't want my pet package declared non-free agenda going on,
 and it seems like an obviously unreasonable hurdle to reuse.  It seems
 like a compromise whose time has passed.

I'm not going to defend patch clauses. I think they're massively
horrible things, and the world would be a better place without them. But
deciding that they're not free any more would involve altering our
standards of freedom, and I don't see any way that we can reasonably do
that.

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Matthew Garrett | [EMAIL PROTECTED]


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Re: Ironies abound (was Re: GPL v3 draft)

2006-01-17 Thread Michael Poole
Glenn Maynard writes:

   (On the same note, the patch exception in DFSG#4 has got to go; patch
   clauses prohibit code reuse entirely.  Some day ...)
  
  Patch clauses only prohibit code reuse if your build system is
  insufficiently complicated.
 
 If I'm reusing a function from one project with a patch clause, sure.  I
 can distribute my entire project as a patch against the project whose
 code I'm reusing.  That's hardly reasonable.  It also prohibits me from
 using public CVS for my project, since that would perform distribution
 of the modified reused code in a form other than a patch against the
 original.

It is pretty hard for me to think of a function that is usable on its
own, useful enough to merit reuse in another project, and too large or
subtle to be rewritten rather than deal with a patch-clause license.
If that worst case is as rare as I think it is, is it noticably worse
than the GPL's effective requirement to keep DVDs full of source code
on-hand at expos?

Michael Poole


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Re: Ironies abound (was Re: GPL v3 draft)

2006-01-17 Thread Glenn Maynard
On Tue, Jan 17, 2006 at 10:21:18PM -0500, Michael Poole wrote:
  If I'm reusing a function from one project with a patch clause, sure.  I
  can distribute my entire project as a patch against the project whose
  code I'm reusing.  That's hardly reasonable.  It also prohibits me from
  using public CVS for my project, since that would perform distribution
  of the modified reused code in a form other than a patch against the
  original.
 
 It is pretty hard for me to think of a function that is usable on its
 own, useful enough to merit reuse in another project, and too large or
 subtle to be rewritten rather than deal with a patch-clause license.

So you're saying that since it's possible to rewrite code on your own,
patch clause licenses are free?  That sounds like an argument that code
reuse isn't really all that important.

If you're stuck on function, then take any other unit of code; set of
functions, class heirarchies, etc, and remember that in actively-
developed code, code gets shuffled around, refactored, files are merged
and split apart, and you'll easily end up with even single functions
with some code that originated from one project, and other code from
another.

FWIW, good audio resamplers and MMX-optimized color space converters come
to mind as things that I've wanted permissively-licensed implementations
for a long time.  In the former case, writing a fast, reasonable-quality
polyphase resampler is well above my skill at that sort of thing.  The
latter, despite not being very much code, is simply such a PITA that I
havn't been able to convince myself to implement it.  If a project with
a patch clause had these, I couldn't reuse it; personal licensing requirements
aside, all of the code ends up in SF CVS, and merely committing it with
even simple changes to make it fit the project would violate the license.

 If that worst case is as rare as I think it is, is it noticably worse
 than the GPL's effective requirement to keep DVDs full of source code
 on-hand at expos?

I'd qualify that as annoying, not as showstopper to code reuse.

-- 
Glenn Maynard


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Re: Ironies abound (was Re: GPL v3 draft)

2006-01-17 Thread Michael Poole
Glenn Maynard writes:

 On Tue, Jan 17, 2006 at 10:21:18PM -0500, Michael Poole wrote:
   If I'm reusing a function from one project with a patch clause, sure.  I
   can distribute my entire project as a patch against the project whose
   code I'm reusing.  That's hardly reasonable.  It also prohibits me from
   using public CVS for my project, since that would perform distribution
   of the modified reused code in a form other than a patch against the
   original.
  
  It is pretty hard for me to think of a function that is usable on its
  own, useful enough to merit reuse in another project, and too large or
  subtle to be rewritten rather than deal with a patch-clause license.
 
 So you're saying that since it's possible to rewrite code on your own,
 patch clause licenses are free?  That sounds like an argument that code
 reuse isn't really all that important.

I am saying that it is hard for me to imagine a case where reuse of
patch-claused software is a major impediment to getting the work done.
There are works under patch-clause licenses that are cul-de-sacs in
the free software world, and patch-clause licenses should be (and are)
generally discouraged.  However, unless there is a noticeable uptick
in works that use those licenses, I think declaring those works
non-free would be a net loss in giving users the ability to freely
modify and share software.

Michael Poole


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Re: Ironies abound (was Re: GPL v3 draft)

2006-01-17 Thread Glenn Maynard
On Tue, Jan 17, 2006 at 11:40:55PM -0500, Michael Poole wrote:
   It is pretty hard for me to think of a function that is usable on its
   own, useful enough to merit reuse in another project, and too large or
   subtle to be rewritten rather than deal with a patch-clause license.
  
  So you're saying that since it's possible to rewrite code on your own,
  patch clause licenses are free?  That sounds like an argument that code
  reuse isn't really all that important.
 
 I am saying that it is hard for me to imagine a case where reuse of
 patch-claused software is a major impediment to getting the work done.

This is a rephrasing of code reuse isn't really all that important.

-- 
Glenn Maynard


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Re: Ironies abound (was Re: GPL v3 draft)

2006-01-17 Thread Josh Triplett
Matthew Garrett wrote:
 Glenn Maynard [EMAIL PROTECTED] wrote:
I also don't understand why anyone would actually want to defend patch
clauses.  There are very few of them left, so I don't think there's much
of that don't want my pet package declared non-free agenda going on,
and it seems like an obviously unreasonable hurdle to reuse.  It seems
like a compromise whose time has passed.
 
 I'm not going to defend patch clauses. I think they're massively
 horrible things, and the world would be a better place without them. But
 deciding that they're not free any more would involve altering our
 standards of freedom, and I don't see any way that we can reasonably do
 that.

Why not?  There is an established procedure in place for doing so.
Obviously such a thing should not be done lightly, but that doesn't mean
it cannot be reasonably done at all.

It would be useful, before proposing a GR to do so, to have a list of
all the packages currently in main which would become non-free if this
clause were abolished, as well as any well-known licenses which might be
affected.  Offhand, the only package I know of which is currently in
main and under a patch-clause license is gnuplot, and I don't know of
any well-known DFSG-free licenses (used on more than one project) which
include a patch clause.

- Josh Triplett


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Re: Ironies abound (was Re: GPL v3 draft)

2006-01-17 Thread Glenn Maynard
On Wed, Jan 18, 2006 at 05:47:18AM +, Matthew Garrett wrote:
 Josh Triplett [EMAIL PROTECTED] wrote:
  Matthew Garrett wrote:
  I'm not going to defend patch clauses. I think they're massively
  horrible things, and the world would be a better place without them. But
  deciding that they're not free any more would involve altering our
  standards of freedom, and I don't see any way that we can reasonably do
  that.
  
  Why not?  There is an established procedure in place for doing so.
  Obviously such a thing should not be done lightly, but that doesn't mean
  it cannot be reasonably done at all.
 
 Because saying We used to think that this sort of license provided you
 with all necessary freedoms, but now we've decided that it doesn't
 looks astonishingly bad?

So the real reason not to fix it is to save face by not admitting mistakes.
I expected better from Debian; don't ask me why.

-- 
Glenn Maynard


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Re: Ironies abound (was Re: GPL v3 draft)

2006-01-17 Thread Matthew Garrett
Glenn Maynard [EMAIL PROTECTED] wrote:
 On Wed, Jan 18, 2006 at 05:47:18AM +, Matthew Garrett wrote:
 Because saying We used to think that this sort of license provided you
 with all necessary freedoms, but now we've decided that it doesn't
 looks astonishingly bad?
 
 So the real reason not to fix it is to save face by not admitting mistakes.
 I expected better from Debian; don't ask me why.

What mistakes? Pretty much the entire free software community believes
that patch-clause licenses are acceptable. Why do you think that they're
not?

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Re: Ironies abound (was Re: GPL v3 draft)

2006-01-17 Thread Glenn Maynard
On Wed, Jan 18, 2006 at 06:24:19AM +, Matthew Garrett wrote:
 Glenn Maynard [EMAIL PROTECTED] wrote:
  On Wed, Jan 18, 2006 at 05:47:18AM +, Matthew Garrett wrote:
  Because saying We used to think that this sort of license provided you
  with all necessary freedoms, but now we've decided that it doesn't
  looks astonishingly bad?
  
  So the real reason not to fix it is to save face by not admitting mistakes.
  I expected better from Debian; don't ask me why.
 
 What mistakes? Pretty much the entire free software community believes
 that patch-clause licenses are acceptable. Why do you think that they're
 not?

You're asking me to repeat the entire discussion I just had with you and
Michael, where I explained very explicitly the serious problems of patch
clauses?  If you've accidentally deleted your mailbox, I'm sure it's in
the list archives.

-- 
Glenn Maynard


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