Re: infos about alien licenses

2006-04-13 Thread Matthew Palmer
On Thu, Apr 13, 2006 at 07:45:46AM +0200, Wolfgang Lonien wrote:
  I don't think that the clause is necessarily a problem, though -- it reads
  to me more like a slightly more emphatic no-warranty clause, rather than a
  prohibition against use in any particular field.
 
 So what should I do in this case? Contact the upstream and ask him/her
 to change that license? Or do we accept this? I'll leave that open to
 discussion here for the moment.

Since there hasn't been any dissenting opinion expressed, I'd say that
there's no massive objection to the clause as it stands.  My advice would be
to put in a quiet query to upstream asking if they really think that the
extra bit is really needed, since there's a perfectly good warranty
disclaimer already, and whether they meant for the clause to be binding or
merely advisory.  In the meantime, get the packaging sorted out (both the
app itself and the dependencies).  My guess is that upstream probably
boilerplated the template from somewhere, or thought it was a good idea at
the time(tm), and will be happy to clarify their intent.

- Matt


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Re: infos about alien licenses

2006-04-13 Thread Stephen Gran
This one time, at band camp, Matthew Palmer said:
 On Wed, Apr 12, 2006 at 02:35:28PM +0200, Wolfgang Lonien wrote:
  
  THIS SOFTWARE IS NOT FAULT TOLERANT AND SHOULD NOT BE USED IN ANY
  SITUATION ENDANGERING HUMAN LIFE OR PROPERTY.
 
 This is possibly problematic, depending on how you define should.  I'd
 take it as just being a restatement of the whole no warranty, if it breaks
 you get to keep both pieces thing, but it could be read as forbidding use
 in the mentioned areas.

The word 'should' has a fairly straight forward meaning in the English
language.  This does not present a problem, as far as I can see.  It is
substantively no different from the standard:

Debian GNU/Linux comes with ABSOLUTELY NO WARRANTY, to the extent
permitted by applicable law.

It is a disclaimer telling you they take no responsibility if you use it
in a situation that endagers human life or property.  No problem.
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Re: infos about alien licenses

2006-04-13 Thread Wolfgang Lonien
Stephen Gran wrote:
 This one time, at band camp, Matthew Palmer said:
 On Wed, Apr 12, 2006 at 02:35:28PM +0200, Wolfgang Lonien wrote:
 THIS SOFTWARE IS NOT FAULT TOLERANT AND SHOULD NOT BE USED IN ANY
 SITUATION ENDANGERING HUMAN LIFE OR PROPERTY.
 This is possibly problematic, depending on how you define should.  I'd
 take it as just being a restatement of the whole no warranty, if it breaks
 you get to keep both pieces thing, but it could be read as forbidding use
 in the mentioned areas.
 
 The word 'should' has a fairly straight forward meaning in the English
 language.  This does not present a problem, as far as I can see.  It is
 substantively no different from the standard:
 
 Debian GNU/Linux comes with ABSOLUTELY NO WARRANTY, to the extent
 permitted by applicable law.
 
 It is a disclaimer telling you they take no responsibility if you use it
 in a situation that endagers human life or property.  No problem.

Sounds good to me. Thanks for the clarification.

cheers,
wjl aka Wolfgang Lonien
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Re: infos about alien licenses

2006-04-13 Thread Stephen Gran
This one time, at band camp, Matthew Palmer said:
 On Thu, Apr 13, 2006 at 11:25:54AM +0100, Stephen Gran wrote:
  This one time, at band camp, Matthew Palmer said:
   On Wed, Apr 12, 2006 at 02:35:28PM +0200, Wolfgang Lonien wrote:

THIS SOFTWARE IS NOT FAULT TOLERANT AND SHOULD NOT BE USED IN ANY
SITUATION ENDANGERING HUMAN LIFE OR PROPERTY.
   
   This is possibly problematic, depending on how you define should.  I'd
   take it as just being a restatement of the whole no warranty, if it 
   breaks
   you get to keep both pieces thing, but it could be read as forbidding use
   in the mentioned areas.
  
  The word 'should' has a fairly straight forward meaning in the English
  language.
 
 I just had a look at 'dict should' and it was a bit more complicated than
 you make out.  There's also the legal English alternative -- there's plenty
 of words that have different interpretation in legal documents than they do
 in colloquial usage.

Should in legal English has much the same use and meaning as it does in
the RFC's - it means roughly 'it would be good if ...' but does not mean
'we require ...'.  I understand that you came to the same conclusion,
but I wanted to be clear here.  

Take care,
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Re: infos about alien licenses

2006-04-12 Thread Matthew Palmer
On Wed, Apr 12, 2006 at 02:35:28PM +0200, Wolfgang Lonien wrote:
 |   |-- DCOracle2-cvs.tar.gz-   +(ask)
 |   |-- TwistedSNMP-0.3.13.tar.gz   -   +(ask)
 |   `-- sybase-0.36.tar.gz  -   +(ask)
 
 The DCOracle2/LICENSE.txt reads:
 
 Copyright (c) 2000, Digital Creations, Fredericksburg, VA, USA.
 All rights reserved.
 
   Redistribution and use in source and binary forms, with or without
   modification, are permitted provided that the following conditions are
   met:
 
 o Redistributions of source code must retain the above copyright
   notice, this list of conditions, and the disclaimer that follows.
 
 o Redistributions in binary form must reproduce the above copyright
   notice, this list of conditions, and the following disclaimer in
   the documentation and/or other materials provided with the
   distribution.
 
 o Neither the name of Digital Creations nor the names of its
   contributors may be used to endorse or promote products derived
   from this software without specific prior written permission.

MIT-like.  No problems.

 The TwistedSNMP-0.3.13/license.txt reads:
 
 TwistedSNMP, SNMP Protocol for the Twisted Networking Framework
 Copyright (c) 2003-2005, Michael C. Fletcher, Patrick K. O'Brien
 All rights reserved.
 
 THIS SOFTWARE IS NOT FAULT TOLERANT AND SHOULD NOT BE USED IN ANY
 SITUATION ENDANGERING HUMAN LIFE OR PROPERTY.

This is possibly problematic, depending on how you define should.  I'd
take it as just being a restatement of the whole no warranty, if it breaks
you get to keep both pieces thing, but it could be read as forbidding use
in the mentioned areas.

 Redistribution and use in source and binary forms, with or without
 modification, are permitted provided that the following conditions
 are met:
 
 Redistributions of source code must retain the above copyright
 notice, this list of conditions and the following disclaimer.
 
 Redistributions in binary form must reproduce the above
 copyright notice, this list of conditions and the following
 disclaimer in the documentation and/or other materials
 provided with the distribution.
 
 The name of the authors may not be used to endorse or
 promote products derived from this software without specific
 prior written permission.

Again, MIT-like.  All good, with the possible exception of the No danger
clause, which I think is harmless.

 while the sybase-0.36/LICENCE reads:
 
 Copyright (C) 2002, Object Craft P/L, Melbourne, Australia.
 All rights reserved.
 
 Redistribution and use in source and binary forms, with or without
 modification, are permitted provided that the following conditions
 are met:
 
 * Redistributions of source code must retain the above copyright notice,
   this list of conditions and the following disclaimer.
 
 * Redistributions in binary form must reproduce the above copyright
 notice,
   this list of conditions and the following disclaimer in the
 documentation
   and/or other materials provided with the distribution.
 
 * Neither the name of Object Craft nor the names of its contributors
 may be
   used to endorse or promote products derived from this software without
   specific prior written permission.

MIT-like.  All good.

As an aside, I've got packages of python-sybase floating around here
somewhere.  I never uploaded them to Debian because I have no interest in
maintaining them long-term, I just whipped them up for a client one day.  I
can send them to you if you'd like (and possibly sponsor them into Debian if
you want to maintain it yourself).

- matt


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Re: infos about alien licenses

2006-04-12 Thread Wolfgang Lonien
Hi Matt ( list),

Matthew Palmer wrote:
 On Wed, Apr 12, 2006 at 02:35:28PM +0200, Wolfgang Lonien wrote:
 
|   |-- DCOracle2-cvs.tar.gz-   +(ask)
|   |-- TwistedSNMP-0.3.13.tar.gz   -   +(ask)
|   `-- sybase-0.36.tar.gz  -   +(ask)

The DCOracle2/LICENSE.txt reads:
[...]
 MIT-like.  No problems.

Fine :-)

The TwistedSNMP-0.3.13/license.txt reads:
THIS SOFTWARE IS NOT FAULT TOLERANT AND SHOULD NOT BE USED IN ANY
SITUATION ENDANGERING HUMAN LIFE OR PROPERTY.
 This is possibly problematic, depending on how you define should.  I'd
 take it as just being a restatement of the whole no warranty, if it breaks
 you get to keep both pieces thing,

Yeah. Interestingly (as a side-note), I have read something like this
before. It's in the Windows License concerning the use of Sun's Java. I
think it means something like: If you use this to steer an airplane and
that crashes, don't blame us - we warned you. Not very reassuring IMHO.

 but it could be read as forbidding use
 in the mentioned areas.

... which would be against the policy, right? Hmmm. I wonder if that
still could be packaged, and where to - contrib? non-free? The latter, I
suppose?

[the rest of the license]
 Again, MIT-like.  All good, with the possible exception of the No danger
 clause, which I think is harmless.

Ok...

while the sybase-0.36/LICENCE reads:
[...]
 MIT-like.  All good.

Fine.

 As an aside, I've got packages of python-sybase floating around here
 somewhere.  I never uploaded them to Debian because I have no interest in
 maintaining them long-term, I just whipped them up for a client one day.  I
 can send them to you if you'd like (and possibly sponsor them into Debian if
 you want to maintain it yourself).

That would be cool. Thanks for your kind offer.
cheers,
wjl aka Wolfgang Lonien
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Re: infos about alien licenses

2006-04-12 Thread Henning Makholm
Scripsit Wolfgang Lonien [EMAIL PROTECTED]

 Please CC me when answering; I'm not subscribed to Debian-legal.

What was your question? The three licenses you quote are all ordinary
3-clause BSD licenses, which are nice and free.

-- 
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 considerably less danger for his life, even without
  chemotherapy, than meningococci with the bad luck to catch a man.


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Re: infos about alien licenses

2006-04-12 Thread Matthew Palmer
On Thu, Apr 13, 2006 at 06:12:59AM +0200, Wolfgang Lonien wrote:
 The TwistedSNMP-0.3.13/license.txt reads:
 THIS SOFTWARE IS NOT FAULT TOLERANT AND SHOULD NOT BE USED IN ANY
 SITUATION ENDANGERING HUMAN LIFE OR PROPERTY.
  This is possibly problematic, depending on how you define should.  I'd
  take it as just being a restatement of the whole no warranty, if it breaks
  you get to keep both pieces thing,
 
 Yeah. Interestingly (as a side-note), I have read something like this
 before. It's in the Windows License concerning the use of Sun's Java. I
 think it means something like: If you use this to steer an airplane and
 that crashes, don't blame us - we warned you. Not very reassuring IMHO.

Practically, though, that's no less than you get with every other piece of
software -- free or otherwise.

  but it could be read as forbidding use
  in the mentioned areas.
 
 ... which would be against the policy, right?

Yes, it would discriminate against fields of endeavour, and hence fail
DFSG #mumble.

 Hmmm. I wonder if that
 still could be packaged, and where to - contrib? non-free? The latter, I
 suppose?

If it doesn't pass the DFSG (but we can legally distribute it), then it goes
in non-free.  If it depends on non-free stuff, but is itself free, then it
goes in contrib.  So twisted-snmp would go in non-free, and the dependent
application would go in contrib.

I don't think that the clause is necessarily a problem, though -- it reads
to me more like a slightly more emphatic no-warranty clause, rather than a
prohibition against use in any particular field.

  As an aside, I've got packages of python-sybase floating around here
  somewhere.  I never uploaded them to Debian because I have no interest in
  maintaining them long-term, I just whipped them up for a client one day.  I
  can send them to you if you'd like (and possibly sponsor them into Debian if
  you want to maintain it yourself).
 
 That would be cool. Thanks for your kind offer.

http://www.hezmatt.org/~mpalmer/tmp/python-sybase_0.37*

I don't guarantee a stellar packaging job -- it was a quick whipup for a
client.  It's not egregiously defective, though.

- Matt


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Re: infos about alien licenses

2006-04-12 Thread Wolfgang Lonien
Hi Matt  list,

Matthew Palmer wrote:
 On Thu, Apr 13, 2006 at 06:12:59AM +0200, Wolfgang Lonien wrote:
 The TwistedSNMP-0.3.13/license.txt reads:
 THIS SOFTWARE IS NOT FAULT TOLERANT AND SHOULD NOT BE USED IN ANY
 SITUATION ENDANGERING HUMAN LIFE OR PROPERTY.
 This is possibly problematic, depending on how you define should.  I'd
 take it as just being a restatement of the whole no warranty, if it breaks
 you get to keep both pieces thing,
 Yeah. Interestingly (as a side-note), I have read something like this
 before. It's in the Windows License concerning the use of Sun's Java. I
 think it means something like: If you use this to steer an airplane and
 that crashes, don't blame us - we warned you. Not very reassuring IMHO.
 
 Practically, though, that's no less than you get with every other piece of
 software -- free or otherwise.
 
 but it could be read as forbidding use
 in the mentioned areas.
 ... which would be against the policy, right?
 
 Yes, it would discriminate against fields of endeavour, and hence fail
 DFSG #mumble.
 
 Hmmm. I wonder if that
 still could be packaged, and where to - contrib? non-free? The latter, I
 suppose?
 
 If it doesn't pass the DFSG (but we can legally distribute it), then it goes
 in non-free.  If it depends on non-free stuff, but is itself free, then it
 goes in contrib.  So twisted-snmp would go in non-free, and the dependent
 application would go in contrib.
 
 I don't think that the clause is necessarily a problem, though -- it reads
 to me more like a slightly more emphatic no-warranty clause, rather than a
 prohibition against use in any particular field.

Yes, I see it like this, too. Henning Makholm said that all 3 licenses
were BSD-like, and so they're ok for us. But I wasn't sure, that's why I
addressed debian-legal before doing any packaging.

So what should I do in this case? Contact the upstream and ask him/her
to change that license? Or do we accept this? I'll leave that open to
discussion here for the moment.

Thanks and cheers,
wjl aka Wolfgang Lonien
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