Re: cdrecord: weird GPL interpretation

2004-09-09 Thread Sven Luther
On Thu, Sep 09, 2004 at 05:37:35AM -0700, Josh Triplett wrote:
 Sven Luther wrote:
  On Thu, Sep 02, 2004 at 02:12:54PM -0700, Adam McKenna wrote:
  
 On Thu, Sep 02, 2004 at 04:30:04PM -0400, Glenn Maynard wrote:
 
 [1] http://www.washington.edu/pine/faq/legal.html#10.2
 
 (Accusing Free Software programmers of perverting the license by doing
 things they were clearly granted permission to do; that's wonderful.)
 
 Wasn't the force behind the license re-interpreation to stop people from
 distributing Pine with a maildir patch?
  
  Like cdrecord with a dvdrecord patch, and yaboot with anything but pristing
  upstream source ? Altough at lest in the yaboot case, it is not licencing 
  that
  is used, but threat to remove the debian yaboot mention from the official 
  yaboot
  web page of supported yaboto versions.
 
 That's interesting; could you point me towards a reference for this?  I
 can't seem to find one via Google.  (Or was it in private mail?)

It was in the now archived bug against yaboot :

  http://bugs.debian.org/cgi-bin/bugreport.cgi?bug=242348
  
Me : 

  |  BTW, i also have a patch which adds amiga partitioning support to
  |  yaboot, would you consider including it ? 

Ethan : 

  | not in 1.x.
  |
  | if debian starts patching yaboot severely i will add debian to the
  | unsupported dists category.

The code is one which couldn't have any effect on existing plateforms using
yaboot, since there is only one interaction, which is the probing for an amiga
partition table, which happens only if no MBR or Mac partition tables or iso
filesystems were found. As a result, i cannot get a yaboot version which works
on my pegasos into debian, and need to resort to a local built package.

Friendly,

Sven Luther



Re: cdrecord: weird GPL interpretation

2004-09-09 Thread Josh Triplett
Sven Luther wrote:
 On Thu, Sep 02, 2004 at 02:12:54PM -0700, Adam McKenna wrote:
 
On Thu, Sep 02, 2004 at 04:30:04PM -0400, Glenn Maynard wrote:

[1] http://www.washington.edu/pine/faq/legal.html#10.2

(Accusing Free Software programmers of perverting the license by doing
things they were clearly granted permission to do; that's wonderful.)

Wasn't the force behind the license re-interpreation to stop people from
distributing Pine with a maildir patch?
 
 Like cdrecord with a dvdrecord patch, and yaboot with anything but pristing
 upstream source ? Altough at lest in the yaboot case, it is not licencing that
 is used, but threat to remove the debian yaboot mention from the official 
 yaboot
 web page of supported yaboto versions.

That's interesting; could you point me towards a reference for this?  I
can't seem to find one via Google.  (Or was it in private mail?)

- Josh Triplett


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Re: cdrecord: weird GPL interpretation

2004-09-04 Thread Francesco Poli
On Fri, 3 Sep 2004 09:40:49 + (UTC) Andreas Metzler wrote:

[...]
 Hello,
 This was about the recent change of license in a36 that was widely
 covered in the news, e.g. lwn or heise.de
 http://weblogs.mozillazine.org/gerv/archives/006193.html
 
 We (cdrools Debian maintainers) were in indeed private contact with
 Joerg about this and successfully managed to resolve this, a38 undid
 the newly introduced non-freeness issue, the code in question
 (linuxcheck()) is not encumbered by a specific license anymore, it may
 be removed like anything else.
 
 This is resolved and completely orthogonal to this thread, so please
 ignore it.

So, IIUC, debian bug #265546
(http://bugs.debian.org/cgi-bin/bugreport.cgi?bug=265546) is related to
linuxcheck() only.

I instead thought that it was related to the whole bunch of weird
restrictions that go well beyond the GPL license, and that it was filed
when the non-freeness was even worse and then marked resolved when one
of the issues went away.
So, since I noticed that many issues were still there, I wondered if the
bug should be reopened.

I apologize for the misunderstanding.


Well, if I *now* understand the situation correctly, we have version
2.01a38 with *another* set of non-freeness and non-distributability
issues to deal with...
So probably a different bug should be filed, at least if sid already
includes version 2.01a38...


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Re: cdrecord: weird GPL interpretation

2004-09-03 Thread Arnoud Engelfriet
Bernhard R. Link wrote:
 * M?ns Rullg?rd [EMAIL PROTECTED] [040902 17:11]:
   In particular, he seems to be relying on German Authors' Rights, and
   claims to be in discussion with Debian people.  That's nearly a month
   ago.
  
  More specifically, he claims to be in discussion with Debian how to
  stop SuSE from doing what they have every right to do.  I know nothing
  about German law, so I can't comment on that bit.
 
 Only thing in German law I could imagine is that he could withdraw some
 of his work. Which would require him to pay everyone what it is
 currently worth before the ban can take effect and make it impossible
 for him to allow others to use it. Anyone knows some reading if there is
 any other possibility and if this possibilty is even applicaple to
 software?

I think he's trying to say that his moral rights were violated
by SuSE when they made a broken version of cdrecord. You are
indeed not allowed under German law to modify a work in such a way
as to damage the original author's reputation or good name.

However that doesn't cancel the license. It merely is a ground for
a civil lawsuit to obtain damages.

Arnoud

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



Re: cdrecord: weird GPL interpretation

2004-09-03 Thread Sven Luther
On Thu, Sep 02, 2004 at 02:12:54PM -0700, Adam McKenna wrote:
 On Thu, Sep 02, 2004 at 04:30:04PM -0400, Glenn Maynard wrote:
  [1] http://www.washington.edu/pine/faq/legal.html#10.2
  
  (Accusing Free Software programmers of perverting the license by doing
  things they were clearly granted permission to do; that's wonderful.)
 
 Wasn't the force behind the license re-interpreation to stop people from
 distributing Pine with a maildir patch?

Like cdrecord with a dvdrecord patch, and yaboot with anything but pristing
upstream source ? Altough at lest in the yaboot case, it is not licencing that
is used, but threat to remove the debian yaboot mention from the official yaboot
web page of supported yaboto versions.

Friendly,

Sven Luther



Re: cdrecord: weird GPL interpretation

2004-09-03 Thread Andreas Metzler
Brian Thomas Sniffen bts at alum.mit.edu writes:
[...]
 On the other hand, I find this message interesting:
 
   http://lkml.org/lkml/2004/8/19/111
 
 In particular, he seems to be relying on German Authors' Rights, and
 claims to be in discussion with Debian people.  That's nearly a month
 ago.

Hello,
This was about the recent change of license in a36 that was widely covered in
the news, e.g. lwn or heise.de
http://weblogs.mozillazine.org/gerv/archives/006193.html

We (cdrools Debian maintainers) were in indeed private contact with Joerg about
this and successfully managed to resolve this, a38 undid the newly introduced
non-freeness issue, the code in question (linuxcheck()) is not encumbered by a
specific license anymore, it may be removed like anything else.

This is resolved and completely orthogonal to this thread, so please ignore it.
  cu andreas



Re: cdrecord: weird GPL interpretation

2004-09-03 Thread Andreas Metzler
Raul Miller moth at debian.org writes:
[...]
 I've taken a look at a copy from January, and it has the same problem.

 I don't know how far back we'd have to go to find a legally distributable
 copy.

Probably February or January 2002.
  cu andreas



Re: cdrecord: weird GPL interpretation

2004-09-03 Thread Brian Thomas Sniffen
Andreas Metzler [EMAIL PROTECTED] writes:

 Brian Thomas Sniffen bts at alum.mit.edu writes:
 Raul Miller moth at debian.org writes:
 [...]
 There's an additional problem: cdrtools, at least as Debian
 distributes it, uses some code for which Schilling is not the
 copyright holder.  The HFS support, for example, is copyright Robert
 Leslie, and licensed under the normal, sanely interpreted GPL.
 
 cdrecord is not distributable by anybody, including Schilling, in this
 state.
 [...]

 cdrtools consists of a bunch of largely independent applications and libraries
 (e.g cdrecord, readcd, mkisofs, cdda2wav), debian/copyright lists the licenses
 and copyright holders in detail.



 The two issues mentioned in this thread influence different parts of cdrtools:

 * defaults.c   /*
  * WARNING you are only allowed to change this filename if you also
snip
 This one is used and linked against all applications of cdrtools since 2.01a26
 (previously only in cdrecord). If it is GPL incompatible it indeed breaks the
 e.g. mkisofs' and cdda2wav's original copyrights.

That's certainly GPL-incompatible.  It's an extra restriction.  Since
it affects functional behavior, I'd call it non-free.  You must
change this filename requirements are generally considered non-free,
so I'd expect You may not change this filename without paying this
fee requirements to be non-free.

 The second issue
  * If you modify cdrecord you need to include additional version
  * printing code that [...]
 in cdrecord/cdrecord.c only applies to cdrecord which is completely 
 copyrighted
 by JS. Therefore he is able to license it as GPL+restrictions and if the
 restrictions are still DFSG free we are able to ship it as part of 
 Debian/main.
 - If cdrtools stopped being distributed as whole and would be split into
 separate tarballs for the different applications, because otherwise this part 
 of
 GPL ...

I think if that could easily be done, and the packages didn't Depend
on each other, then you could say that they're separate works and
merely aggregated into one package.

 --
 But when you distribute the same sections as part of a whole which is a work
 based on the Program, the distribution of the whole must be on the terms of 
 this
 License, whose permissions for other licensees extend to the entire whole, and
 thus to each and every part regardless of who wrote it.
 --

 ... could give us a headache.
 cu andreas

-- 
Brian Sniffen   [EMAIL PROTECTED]



Re: cdrecord: weird GPL interpretation

2004-09-03 Thread Glenn Maynard
On Fri, Sep 03, 2004 at 09:24:00AM -0400, Brian Thomas Sniffen wrote:
  The two issues mentioned in this thread influence different parts of 
  cdrtools:
 
  * defaults.c   /*
   * WARNING you are only allowed to change this filename if you also
 snip
  This one is used and linked against all applications of cdrtools since 
  2.01a26
  (previously only in cdrecord). If it is GPL incompatible it indeed breaks 
  the
  e.g. mkisofs' and cdda2wav's original copyrights.
 
 That's certainly GPL-incompatible.  It's an extra restriction.  Since
 it affects functional behavior, I'd call it non-free.  You must
 change this filename requirements are generally considered non-free,
 so I'd expect You may not change this filename without paying this
 fee requirements to be non-free.

Why do we have to use the word fee to describe this sort of requirement?
It's unnatural, and seems contrived to fit DFSG#1, which is unnecessary,
since fees are not the only sort of restrictions prohibited by DFSG#1.

I agree that this is non-free, as is any requirement that I explain myself
before distributing a modification.

-- 
Glenn Maynard



Re: cdrecord: weird GPL interpretation

2004-09-03 Thread Glenn Maynard
On Fri, Sep 03, 2004 at 10:09:31AM +, Andreas Metzler wrote:
 The second issue
  * If you modify cdrecord you need to include additional version
  * printing code that [...]
 in cdrecord/cdrecord.c only applies to cdrecord which is completely 
 copyrighted
 by JS. Therefore he is able to license it as GPL+restrictions and if the
 restrictions are still DFSG free we are able to ship it as part of 
 Debian/main.

Only if the implementation of that license is clear and consistent.  I
don't believe a work under the GPL with clarifications that don't
follow from the GPL in any way is either.

If he wants something like the GPL with extra restrictions, he should
follow the procedure for modifying the GPL: rename it (the CDRPL),
remove the preamble, and actually modify the text of the license.

-- 
Glenn Maynard



Re: cdrecord: weird GPL interpretation

2004-09-03 Thread Brian Thomas Sniffen
Because fee is an English word meaning a payment for a good or
service.  It really doesn't mean money only, in any context where
precise language is used.  If I have to perform in some way to obtain
a license, then that's a fee.

Do you have a better word, taking brevity and clarity into account?

-Brian

-- 
Brian Sniffen   [EMAIL PROTECTED]



Re: cdrecord: weird GPL interpretation

2004-09-03 Thread Raul Miller
On Fri, Sep 03, 2004 at 08:16:27PM -0400, Brian Thomas Sniffen wrote:
 Because fee is an English word meaning a payment for a good or
 service.  It really doesn't mean money only, in any context where
 precise language is used.  If I have to perform in some way to obtain
 a license, then that's a fee.
 
 Do you have a better word, taking brevity and clarity into account?

Requirement.

-- 
Raul



Re: cdrecord: weird GPL interpretation

2004-09-03 Thread Glenn Maynard
On Fri, Sep 03, 2004 at 08:16:27PM -0400, Brian Thomas Sniffen wrote:
 Because fee is an English word meaning a payment for a good or
 service.  It really doesn't mean money only, in any context where
 precise language is used.  If I have to perform in some way to obtain
 a license, then that's a fee.
 
 Do you have a better word, taking brevity and clarity into account?

Restriction.  It includes all fees, and also includes things which are
obviously not fees (such as, again, only on Tuesday), and is also directly
tied to DFSG#1.  I prefer it because contrived-feeling (whether legitimate
or not) use of fee may spread the notion that only fees are covered by
DFSG#1, and not other restrictions; and lead to more pointless dictionary-
lawyering over whether something is a fee or not.

-- 
Glenn Maynard



Re: cdrecord: weird GPL interpretation

2004-09-03 Thread Brian Thomas Sniffen
Raul Miller [EMAIL PROTECTED] writes:

 On Fri, Sep 03, 2004 at 08:16:27PM -0400, Brian Thomas Sniffen wrote:
 Because fee is an English word meaning a payment for a good or
 service.  It really doesn't mean money only, in any context where
 precise language is used.  If I have to perform in some way to obtain
 a license, then that's a fee.
 
 Do you have a better word, taking brevity and clarity into account?

 Requirement.

That's a much broader word.  For example, a license which says I may
only make modifications in French has a requirement, but that is not a
fee.

-Brian

-- 
Brian Sniffen   [EMAIL PROTECTED]



Re: cdrecord: weird GPL interpretation

2004-09-03 Thread Glenn Maynard
On Fri, Sep 03, 2004 at 11:00:28PM -0400, Brian Thomas Sniffen wrote:
  On Fri, Sep 03, 2004 at 08:16:27PM -0400, Brian Thomas Sniffen wrote:
  Because fee is an English word meaning a payment for a good or
  service.  It really doesn't mean money only, in any context where
  precise language is used.  If I have to perform in some way to obtain
  a license, then that's a fee.
  
  Do you have a better word, taking brevity and clarity into account?
 
  Requirement.
 
 That's a much broader word.  For example, a license which says I may
 only make modifications in French has a requirement, but that is not a
 fee.

The point was that fee is a narrower word, and its use in this context
(explaining rationale) is awkward, and only invites dictionary debates.
I believe both requirement and restriction are better choices here
(personally preferring restriction for its easy relationship to may
not restrict in the DFSG).

I don't think having to explain to the world at large in the readme why you
did something is a fee or payment.  We don't need to agree on this point,
though; it's clearly a restriction.  What matters is whether the restriction
is considered onerous or not; whether it's a fee is irrelevant.

-- 
Glenn Maynard



Re: cdrecord: weird GPL interpretation

2004-09-02 Thread Måns Rullgård
MJ Ray [EMAIL PROTECTED] writes:

 On 2004-09-01 23:40:43 +0100 Måns Rullgård [EMAIL PROTECTED] wrote:

 Francesco Poli [EMAIL PROTECTED] writes:
 in cdrtools-2.01a38 I found the following weird GPL interpretation.
 [...]
 - You may not modify certain copyright messages in cdrecord.c See
 cdrecord.c for further information.
 Looks like an invariant section of GFDL infamy. [...]

 Well, this is like a misapplied bad invariant section, one that
 relates to the main subject and may actually be untrue. As far as I
 can tell, it's not an interpretation or clarification, but a direct
 contradiction of the GPL. The same goes for the restrictions on the
 config file default location. I guess that means we don't have a
 viable licence :-/

 I take it someone on this list followed the recent flame war on
 lkml.

 Heh. Any flame war in particular?

Jörg Schilling vs. rest of list.

-- 
Måns Rullgård
[EMAIL PROTECTED]



Re: cdrecord: weird GPL interpretation

2004-09-02 Thread Steve McIntyre
Glenn Maynard writes:
On Thu, Sep 02, 2004 at 12:19:26AM +0200, Francesco Poli wrote:
 Joerg Schilling
 Please note that this is just the way I interpret the GPL and as this
 is my software, users should follow my interpretation of the GPL and not
 use their own different interpretations.

This came up previously:

  http://lists.debian.org/debian-legal/2003/10/msg00398.html

I concur with Mathieu Roy: this is not an interpretation that follows
from the GPL.  The GPL clearly says you can do certain things and can
not do certain other things; this interpretation contradicts the
text of the GPL.

I don't think it's safe to distribute a work where the author says one
thing in his license text and a different thing in his interpretation.
This person does not want the GPL; he wants something else.

I do not believe that granting a license and then applying a bizarre
interpretation or clarification to those terms is an acceptable
approach to setting license terms.

I also don't think Debian should distribute works that claim to be under
the GPL when they're being modified by weird interpretations.

(This is only my own opinion, of course, and not necessarily Debian policy.)

Joerg's changes are clearly non-free; I've not seen anybody arguing
otherwise. We basically need to route around him at this point, and
fork from a previous free version. His ridiculous statement that his
new statements also apply to older (GPL) versions of cdrtools should
just be ignored as the puffery that it is IMHO...

-- 
Steve McIntyre, Cambridge, UK.[EMAIL PROTECTED]
  Getting a SCSI chain working is perfectly simple if you remember that there
  must be exactly three terminations: one on one end of the cable, one on the
  far end, and the goat, terminated over the SCSI chain with a silver-handled
  knife whilst burning *black* candles. --- Anthony DeBoer



Re: cdrecord: weird GPL interpretation

2004-09-02 Thread Andrew Suffield
On Thu, Sep 02, 2004 at 09:19:58AM -0400, Brian Thomas Sniffen wrote:
 Steve McIntyre [EMAIL PROTECTED] writes:
 
  Joerg's changes are clearly non-free; I've not seen anybody arguing
  otherwise. We basically need to route around him at this point, and
  fork from a previous free version. His ridiculous statement that his
  new statements also apply to older (GPL) versions of cdrtools should
  just be ignored as the puffery that it is IMHO...
 
 While legally you're right, I think from a point of view of politeness
 you're wrong.  Maybe somebody who isn't Debian will fork cdrtools, but
 in the meantime it should just be moved to non-free.

We need a valid license to ship it in non-free, and this doesn't
really seem to be one.

-- 
  .''`.  ** Debian GNU/Linux ** | Andrew Suffield
 : :' :  http://www.debian.org/ |
 `. `'  |
   `- --  |


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Re: cdrecord: weird GPL interpretation

2004-09-02 Thread Måns Rullgård
Brian Thomas Sniffen [EMAIL PROTECTED] writes:

 Steve McIntyre [EMAIL PROTECTED] writes:

 Joerg's changes are clearly non-free; I've not seen anybody arguing
 otherwise. We basically need to route around him at this point, and
 fork from a previous free version. His ridiculous statement that his
 new statements also apply to older (GPL) versions of cdrtools should
 just be ignored as the puffery that it is IMHO...

 While legally you're right, I think from a point of view of politeness
 you're wrong.

Go read some postings by JS and you won't feel any need for
politeness.

-- 
Måns Rullgård
[EMAIL PROTECTED]



Re: cdrecord: weird GPL interpretation

2004-09-02 Thread Brian Thomas Sniffen
Måns Rullgård [EMAIL PROTECTED] writes:

 Brian Thomas Sniffen [EMAIL PROTECTED] writes:

 Steve McIntyre [EMAIL PROTECTED] writes:

 Joerg's changes are clearly non-free; I've not seen anybody arguing
 otherwise. We basically need to route around him at this point, and
 fork from a previous free version. His ridiculous statement that his
 new statements also apply to older (GPL) versions of cdrtools should
 just be ignored as the puffery that it is IMHO...

 While legally you're right, I think from a point of view of politeness
 you're wrong.

 Go read some postings by JS and you won't feel any need for
 politeness.

I've read them.  It doesn't seem any worse than the drivel which shows
up here regularly.  Joerg tells Alan Cox he doesn't know anything
about Linux systems or security.  People here say things about that
ridiculous once a week -- you've seen them too.

On the other hand, I find this message interesting:

  http://lkml.org/lkml/2004/8/19/111

In particular, he seems to be relying on German Authors' Rights, and
claims to be in discussion with Debian people.  That's nearly a month
ago.

-Brian

-- 
Brian Sniffen   [EMAIL PROTECTED]



Re: cdrecord: weird GPL interpretation

2004-09-02 Thread Raul Miller
On Thu, Sep 02, 2004 at 09:19:58AM -0400, Brian Thomas Sniffen wrote:
 While legally you're right, I think from a point of view of politeness
 you're wrong.  Maybe somebody who isn't Debian will fork cdrtools, but
 in the meantime it should just be moved to non-free.

Distributing a forked copy is just as polite (or impolite) as distributing
a forkable copy.

-- 
Raul



Re: cdrecord: weird GPL interpretation

2004-09-02 Thread Raul Miller
On Thu, Sep 02, 2004 at 10:24:44AM -0400, Brian Thomas Sniffen wrote:
   http://lkml.org/lkml/2004/8/19/111

Is there any chance that someone has hacked his account?

Alternatively, is there any chance that he's writing in german and
relying on a program to translate what he says?

Or, maybe, that he has some really significant problems understanding
what a number of english words mean?

-- 
Raul



Re: cdrecord: weird GPL interpretation

2004-09-02 Thread Brian Thomas Sniffen
The copyright file for cdrtools is excellently done -- I wish all
maintainers kept the separate threads of ownership so clear.  It does
make it pretty clear that cdrecord is not distributable.

Followup-For: Bug #265546


Joerg Schilling's license is essentially the GNU GPL plus some extra
restrictions.  These restrictions are probably non-free.  Call this
the
JS-GPL

But cdrtools uses code copyrighted by others and licensed only under
the real GNU GPL.  The HFS code, for example, is copyright Robert
Leslie.  Some of the Mac isofs code is copyright James Pearson.
The eltorito.c file in mkisofs is copyright Red Hat, and much of
the rest is Yggdrasil's. 

Taken altogether, it looks like this package is not distributable by
anybody with parts under the JS-GPL.

-Brian

-- 
Brian Sniffen   [EMAIL PROTECTED]



Re: cdrecord: weird GPL interpretation

2004-09-02 Thread Raul Miller
On Thu, Sep 02, 2004 at 01:11:42PM -0400, Brian Thomas Sniffen wrote:
 Taken altogether, it looks like this package is not distributable by
 anybody with parts under the JS-GPL.

I've taken a look at a copy from January, and it has the same problem.

I don't know how far back we'd have to go to find a legally distributable
copy.

-- 
Raul



Re: cdrecord: weird GPL interpretation

2004-09-02 Thread Bernhard R. Link
* M?ns Rullg?rd [EMAIL PROTECTED] [040902 17:11]:
  In particular, he seems to be relying on German Authors' Rights, and
  claims to be in discussion with Debian people.  That's nearly a month
  ago.
 
 More specifically, he claims to be in discussion with Debian how to
 stop SuSE from doing what they have every right to do.  I know nothing
 about German law, so I can't comment on that bit.

Only thing in German law I could imagine is that he could withdraw some
of his work. Which would require him to pay everyone what it is
currently worth before the ban can take effect and make it impossible
for him to allow others to use it. Anyone knows some reading if there is
any other possibility and if this possibilty is even applicaple to
software?

Hochachtungsvoll,
  Bernhard R. Link

-- 
Sendmail is like emacs: A nice operating system, but missing
an editor and a MTA.



Re: cdrecord: weird GPL interpretation

2004-09-02 Thread Brian Thomas Sniffen
Bernhard R. Link [EMAIL PROTECTED] writes:

 * M?ns Rullg?rd [EMAIL PROTECTED] [040902 17:11]:
  In particular, he seems to be relying on German Authors' Rights, and
  claims to be in discussion with Debian people.  That's nearly a month
  ago.
 
 More specifically, he claims to be in discussion with Debian how to
 stop SuSE from doing what they have every right to do.  I know nothing
 about German law, so I can't comment on that bit.

 Only thing in German law I could imagine is that he could withdraw some
 of his work. Which would require him to pay everyone what it is
 currently worth before the ban can take effect and make it impossible
 for him to allow others to use it. Anyone knows some reading if there is
 any other possibility and if this possibilty is even applicaple to
 software?

Wow.  does some reading on withdrawal of works.

Some people make the kookiest laws.  And hundreds of them have been
elected to run Europe.  It's like letting the crew of the B-ark take
over... these are a perfectly valid system of laws for a society that
isn't anything like this one peopled by people who aren't human.  It's
not that free software is impossible under a system with Authors'
Rights and Withdrawal; you can't do business at all!

Thanks for mentioning this law, Bernhard, but I have to hope that
Joerg Schilling isn't relying on it.

-Brian

-- 
Brian Sniffen   [EMAIL PROTECTED]



Re: cdrecord: weird GPL interpretation

2004-09-02 Thread Adam McKenna
On Thu, Sep 02, 2004 at 04:30:04PM -0400, Glenn Maynard wrote:
 [1] http://www.washington.edu/pine/faq/legal.html#10.2
 
 (Accusing Free Software programmers of perverting the license by doing
 things they were clearly granted permission to do; that's wonderful.)

Wasn't the force behind the license re-interpreation to stop people from
distributing Pine with a maildir patch?

--Adam

-- 
Adam McKenna  [EMAIL PROTECTED]  [EMAIL PROTECTED]



Re: cdrecord: weird GPL interpretation

2004-09-01 Thread Måns Rullgård
Francesco Poli [EMAIL PROTECTED] writes:

 Hi all,
 in cdrtools-2.01a38 I found the following weird GPL interpretation.
 I wonder if this is considered acceptable for main (I would say that
 this is non-free). I don't know whether cdrecord links with (or is
 otherwise a derivative work of) other GPL'd software (whose copyright is
 held by other people): in that case I would say that this is even
 undistributable...  :(

 What do you think about this?
 There already is a Debian BTS bug report
 (http://bugs.debian.org/cgi-bin/bugreport.cgi?bug=265546) about this
 issue (it was filed when it was even worse, it seems...), but it says
 it's resoved with version 2.01a38. I wonder if you agree...

 NOTE: I am Cc:ing the the package maintainer (Joerg Jaspert) and the
 bug-report filer (Andreas Metzler).
 I don't know if they would like to be Mail-Followup:ed...

 Issue description follows:

  -=-=-=-= cdrecord/LICENSE =-=-=-=-

 This software is under GPL but you should read the following
 clarifications:

 -   You may not modify certain copyright messages in cdrecord.c

 See cdrecord.c for further information.

Looks like an invariant section of GFDL infamy.

 -   You may (with a few exceptions) not modify the location of the
 configuration file /etc/default/cdrecord.

 See defaults.c for further information.

Looks like lunacy.  I don't recall ever reading anything about that in
the GPL.

 Please note that this is just the way I interpret the GPL and as this
 is my software, users should follow my interpretation of the GPL and not
 use their own different interpretations.

  -=-=-=-= cdrecord/cdrecord.c (sorry for linewrapping) =-=-=-=-

I take it someone on this list followed the recent flame war on lkml.

-- 
Måns Rullgård
[EMAIL PROTECTED]



Re: cdrecord: weird GPL interpretation

2004-09-01 Thread Glenn Maynard
On Thu, Sep 02, 2004 at 12:19:26AM +0200, Francesco Poli wrote:
  -=-=-=-= cdrecord/LICENSE =-=-=-=-
 
 This software is under GPL but you should read the following
 clarifications:
 
 
 -   You may not modify certain copyright messages in cdrecord.c
 
 See cdrecord.c for further information.
 
 
 -   You may (with a few exceptions) not modify the location of the
 configuration file /etc/default/cdrecord.
 
 See defaults.c for further information.
 
 Please note that this is just the way I interpret the GPL and as this
 is my software, users should follow my interpretation of the GPL and not
 use their own different interpretations.

This came up previously:

  http://lists.debian.org/debian-legal/2003/10/msg00398.html

I concur with Mathieu Roy: this is not an interpretation that follows
from the GPL.  The GPL clearly says you can do certain things and can
not do certain other things; this interpretation contradicts the
text of the GPL.

I don't think it's safe to distribute a work where the author says one
thing in his license text and a different thing in his interpretation.
This person does not want the GPL; he wants something else.

I do not believe that granting a license and then applying a bizarre
interpretation or clarification to those terms is an acceptable
approach to setting license terms.

I also don't think Debian should distribute works that claim to be under
the GPL when they're being modified by weird interpretations.

(This is only my own opinion, of course, and not necessarily Debian policy.)

  -=-=-=-= cdrecord/cdrecord.c (sorry for linewrapping) =-=-=-=-
 
 [...]
   /*
* Begin restricted code for quality assurance.
*
* Warning: you are not allowed to modify or to remove the
* Copyright and version printing code below!

This is still clearly non-free.  Requiring an appropriate copyright
notice is acceptable; prohibiting me from modifying the code that does
so is not.

* See also GPL § 2 subclause c)
*
* If you modify cdrecord you need to include additional version
* printing code that:
*
*  -   Clearly states that the current version is an
*  inofficial (modified) version and thus may have bugs
*  that are not present in the original.
*
*  -   Print your support e-mail address and tell people that
*  you will do complete support for this version of
*  cdrecord.
*
*  Or clearly state that there is absolutely no support
*  for the modified version you did create.

This has been improved since the last time this came up, at least.

*
*  -   Tell the users not to ask the original author for
*  help.

I don't know if it's free to require all of this cruft.  I sure don't like
having to say this software is buggy, the original is probably better!.

It's not clear whether this needs to be printed every time, or just in eg.
--version output.  I don't know if the answer to that affects freeness.

* This limitation definitely also applies when you use any other
* cdrecord release together with libscg-0.6 or later, or when you
* use any amount of code from cdrecord-1.11a17 or later.
* In fact, it applies to any version of cdrecord, see also
* GPL Preamble, subsection 6.

I wasn't aware that the GPL's preamble had subsections.
 
   /*
* WARNING you are only allowed to change this filename if you also
* change the documentation and add a statement that makes clear
* where the official location of the file is why you did choose a
* nonstandard location and that the nonstandard location only refers
* to inofficial cdrecord versions.
*
* I was forced to add this because some people change cdrecord without
* rational reason and then publish the result. As those people
* don't contribute work and don't give support, they are causing extra
* work for me and this way slow down the cdrecord development.
*/
   return (defltopen(/etc/default/cdrecord));

Requiring that I explain (or even have) rationale for changes can't possibly
be free.

-- 
Glenn Maynard



Re: cdrecord: weird GPL interpretation

2004-09-01 Thread MJ Ray
On 2004-09-01 23:40:43 +0100 Måns Rullgård [EMAIL PROTECTED] wrote:

 Francesco Poli [EMAIL PROTECTED] writes:
 in cdrtools-2.01a38 I found the following weird GPL interpretation.
[...]
 -   You may not modify certain copyright messages in cdrecord.c
  See cdrecord.c for further information.
 Looks like an invariant section of GFDL infamy. [...]

Well, this is like a misapplied bad invariant section, one that relates to the 
main subject and may actually be untrue. As far as I can tell, it's not an 
interpretation or clarification, but a direct contradiction of the GPL. The 
same goes for the restrictions on the config file default location. I guess 
that means we don't have a viable licence :-/

 I take it someone on this list followed the recent flame war on lkml.

Heh. Any flame war in particular?

-- 
MJR/slefMy Opinion Only and not of any group I know
http://www.ttllp.co.uk/ for creative copyleft computing
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