Re: linking to GPL'd libraries WAS Re: One unclear point in the Vim license

2002-01-07 Thread Hamish Moffatt
On Sun, Jan 06, 2002 at 01:39:29PM -0800, Thomas Bushnell, BSG wrote:
 No.  It has always been understood by the GNU Project that using
 kernel syscalls does not make something one program; the fact that
 Linus mentions that explicitly doesn't change the fact one whit.

How is the GNU Project's understanding relevant when they did
not write the Linux kernel?

Hamish
-- 
Hamish Moffatt VK3SB [EMAIL PROTECTED] [EMAIL PROTECTED]



Re: linking to GPL'd libraries WAS Re: One unclear point in the Vim license

2002-01-07 Thread Thomas Bushnell, BSG
Hamish Moffatt [EMAIL PROTECTED] writes:

 On Sun, Jan 06, 2002 at 01:39:29PM -0800, Thomas Bushnell, BSG wrote:
  No.  It has always been understood by the GNU Project that using
  kernel syscalls does not make something one program; the fact that
  Linus mentions that explicitly doesn't change the fact one whit.
 
 How is the GNU Project's understanding relevant when they did
 not write the Linux kernel?

The point, which you seem intent on missing, is that the understanding
of the GNU Project, and the Linux kernel, and all the other free
kernels out there, is the same in this regard.  The fact that the
Linux authors put it explicitly does not indicate, therefore, that
without putting it there explicitly, the GPL would have different
implications.



Re: linking to GPL'd libraries WAS Re: One unclear point in the Vim license

2002-01-07 Thread Philip Thiem
On Thu, Jan 03, 2002 at 06:29:50PM -0800, Thomas Bushnell, BSG wrote:
 [EMAIL PROTECTED] writes:
 
  If a library's interface is implemented to a standard or similar,
  than someone linking to a GPL library version should be alright, no?
 
 No.  Actually linking to the GPL'd library is not allowed if you are
 doing so from non-GPL-compatible code.
 
 

The GPL is written to specifically prevent someone who would normally
have to modify or copy parts of a non-library GPL'ed program's source(and
thus releasing the changes under the GPL), instead turn parts of it 
into a GPL'ed library(effectivly copying,but perfectly fine) making any 
changes/additions outside the once non-library code and releasing the 
final product where the intent is clearly to copy GPL code and use it 
in a non-GPL compatible program. Here the fact that the code is now 
a library form is merely a technicality.  So linking must be considered
forming a derived product, and forbidden.

If an author chooses to release he code under the GPL he
states his intent that the code cannot be used under programs with non-GPLed
licenses.  If the author wants to allow this specifically, then the author
shoud use the LGPL.

Philip Thiem



Re: linking to GPL'd libraries WAS Re: One unclear point in the Vim license

2002-01-06 Thread lloyder
- Original Message - 
From: Marcus Brinkmann [EMAIL PROTECTED]
To: debian-legal@lists.debian.org
Sent: Friday, January 04, 2002 9:15 PM
Subject: Re: linking to GPL'd libraries WAS Re: One unclear point in the Vim 
license


 On Fri, Jan 04, 2002 at 05:22:07PM +1100, Hamish Moffatt wrote:
  For example, the kernel is GPLed but will load and run programs
  with incompatible licenses. Those programs make syscalls to
  the kernel to perform system work; how is this permitted?
  It is so different from an incompatibly-licensed program linking
  to a GPLed library?
 
 And Linus Torvald has added a statement just before the GPL in the file
 COPYING at the top level directory of the kernel source tree that makes it
 clear that he thinks that user level programs that only use syscalls to
 communicate with the kernel are considered to be using the kernel in a
 normal way.

Best on the quality information that I have gained 
following these discussions -- thank you -- to say the 
same thing that you have Marcus a little bit
different.  The kernel is not strictly GPL'd, but 
GPL-compatible.  That clause that says system calls are
a-ok, supports the moral/legal intention of the GPL by
requiring such a declariation to be explicit.  Correct?

Best regards,
Lloyd


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Re: linking to GPL'd libraries WAS Re: One unclear point in the Vim license

2002-01-06 Thread Hamish Moffatt
On Sun, Jan 06, 2002 at 07:30:19AM -0800, [EMAIL PROTECTED] wrote:
 different.  The kernel is not strictly GPL'd, but 
 GPL-compatible.  That clause that says system calls are
 a-ok, supports the moral/legal intention of the GPL by
 requiring such a declariation to be explicit.  Correct?

No. The kernel is GPLed with the clarification that user-space
programs running on the kernel don't combine to be considered
a derived work by the kernel.

See /path/to/kernel/src/COPYING.

Hamish
-- 
Hamish Moffatt VK3SB [EMAIL PROTECTED] [EMAIL PROTECTED]



Re: linking to GPL'd libraries WAS Re: One unclear point in the Vim license

2002-01-06 Thread Thomas Bushnell, BSG
[EMAIL PROTECTED] writes:

 Best on the quality information that I have gained 
 following these discussions -- thank you -- to say the 
 same thing that you have Marcus a little bit
 different.  The kernel is not strictly GPL'd, but 
 GPL-compatible.  That clause that says system calls are
 a-ok, supports the moral/legal intention of the GPL by
 requiring such a declariation to be explicit.  Correct?

No.  It has always been understood by the GNU Project that using
kernel syscalls does not make something one program; the fact that
Linus mentions that explicitly doesn't change the fact one whit.

Thomas



Re: linking to GPL'd libraries WAS Re: One unclear point in the Vim license

2002-01-05 Thread Marcus Brinkmann
On Thu, Jan 03, 2002 at 04:28:55PM -0800, [EMAIL PROTECTED] wrote:
 Wow, I am worried for our free software community then.
 You sound like the software companies that do not want 
 people to be able to publicly publish security bug reports.
 
 How did the GPL get to its current state then?  O darn,
 we lost in court again, better go back to the drawing 
 board.

Nobody had yet the guts to challenge the GPL in court.  In all cases where
the FSF approached people and urged them to comply with the terms, people
preferred to do so rather than going to court.

If you are worried about enforcability of the GPL, please read the excellent
articles Free Software Matters:  Enforcing the GPL I and II by
Prof. Eben Moglen, who does it daily.  And if you have the chance,
listen to him when he gives a talk in your area, he is an excellent speaker.

http://emoglen.law.columbia.edu/

Thanks,
Marcus

-- 
`Rhubarb is no Egyptian god.' Debian http://www.debian.org [EMAIL PROTECTED]
Marcus Brinkmann  GNUhttp://www.gnu.org[EMAIL PROTECTED]
[EMAIL PROTECTED]
http://www.marcus-brinkmann.de



Re: linking to GPL'd libraries WAS Re: One unclear point in the Vim license

2002-01-05 Thread Marcus Brinkmann
On Fri, Jan 04, 2002 at 05:22:07PM +1100, Hamish Moffatt wrote:
 For example, the kernel is GPLed but will load and run programs
 with incompatible licenses. Those programs make syscalls to
 the kernel to perform system work; how is this permitted?
 It is so different from an incompatibly-licensed program linking
 to a GPLed library?

And Linus Torvald has added a statement just before the GPL in the file
COPYING at the top level directory of the kernel source tree that makes it
clear that he thinks that user level programs that only use syscalls to
communicate with the kernel are considered to be using the kernel in a
normal way.

 The ldso license is interesting (/usr/doc/ldso/copyright, possibly
 only on potato or earlier systems). The commentary implies that
 ld.so deliberately uses the BSD license because the GPL is too
 strict.

Which means that the GPL serves the purpose it was intended for.
The understanding of the GPL by the ldso author seems to be in line with
what Thomas and many other people say about the effectiveness of the
copyleft in the GPL.

The general understanding of the [...] contributors is from that
perspective merely wishful thinking.

 Tcl can dynamically load shared libraries so that scripts can
 use library functions. tcl itself appears to have a BSD-type
 license. What if a tcl script, using a non-GPL compatible
 license, causes tcl to load a GPL library (eg libreadline)?
 The script is being interpreted by the Tcl shell, it's not 
 capable of being linked to anything itself.

It might depend on the way that happens.  If the script is not written in a
way that depends on this behaviour and is in general unaware of that loading
happening, and is not shipped with a version of tcl that loads such a
library, then it might be okay.  The other extreme is that the script
explicitely triggers this loading and depends on this behaviour, and all
three are shipped in one product.  All these details matter, and you will
not be able to get a good answer to an incomplete question in license
issues.

 Getting off-topic a bit, there's an interesting clause in the 
 license for libio, in /usr/doc/libc6/copyright (on potato anyway).

Not on woody, and I don't have potato to check the context.  So no comment :)

Thanks,
Marcus

-- 
`Rhubarb is no Egyptian god.' Debian http://www.debian.org [EMAIL PROTECTED]
Marcus Brinkmann  GNUhttp://www.gnu.org[EMAIL PROTECTED]
[EMAIL PROTECTED]
http://www.marcus-brinkmann.de



Re: linking to GPL'd libraries WAS Re: One unclear point in the Vim license

2002-01-04 Thread Hamish Moffatt
On Thu, Jan 03, 2002 at 06:45:50PM -0800, Thomas Bushnell, BSG wrote:
 [EMAIL PROTECTED] writes:
 
  I do not really understand why, I guess accepting it 
  in the definition of derivative work is the basis, but 
  I cannot help, but wonder as I have not seen legal 
  challanges that support this.  
 
 It's a perfectly normal case of a derivative work.  When you link
 program A with program B, you are creating a derivative work, A+B.
 You can only distribute that work if the licenses of A and B permit
 it.  

Don't dismiss this as completely obvious. It's not uncontroversial.

For example, the kernel is GPLed but will load and run programs
with incompatible licenses. Those programs make syscalls to
the kernel to perform system work; how is this permitted?
It is so different from an incompatibly-licensed program linking
to a GPLed library?

The ldso license is interesting (/usr/doc/ldso/copyright, possibly
only on potato or earlier systems). The commentary implies that
ld.so deliberately uses the BSD license because the GPL is too
strict. It also has the following paragraph:

 * It is the general understanding of the above contributors that a
 * program executable linked to a library containing code that falls
 * under the GPL or GLPL style of license is not subject to the terms of
 * the GPL or GLPL license if the program executable(s) that are supplied
 * are linked to a shared library form of the GPL or GLPL library, and as
 * long as the form of the shared library is such that it is possible for
 * the end user to modify and rebuild the library and use it in
 * conjunction with the program executable.

This seems to suggest that a program linking to a GPLed library
does not have to be GPLed itself. Interesting that the ld.so
license avoids being GPLed anyway to avoid this exact problem.

Tcl can dynamically load shared libraries so that scripts can
use library functions. tcl itself appears to have a BSD-type
license. What if a tcl script, using a non-GPL compatible
license, causes tcl to load a GPL library (eg libreadline)?
The script is being interpreted by the Tcl shell, it's not 
capable of being linked to anything itself.

libterm-readline-gnu-perl is a package of a Perl module to
use libreadline from Perl progams. According to the license,
it's available under the same terms as Perl ie your choice
of GPL or the Artistic license. But since any combination
of GPL program + a GPL-compatibly-licensed program must
by GPLed, you really can't use it under the Artistic license
at all ie the GPL always dominates. So non-GPL programs
apparently can't use that library.

Getting off-topic a bit, there's an interesting clause in the 
license for libio, in /usr/doc/libc6/copyright (on potato anyway).

   As a special exception, if you link this library with files
   compiled with a GNU compiler to produce an executable, this does
   not cause the resulting executable to be covered by the GNU General
   Public License.  This exception does not however invalidate any
   other reasons why the executable file might be covered by the GNU
   General Public License.

Why does the license require you to use a GNU compiler? Bizarre.

Just some thoughts,

Hamish
-- 
Hamish Moffatt VK3SB [EMAIL PROTECTED] [EMAIL PROTECTED]



Re: linking to GPL'd libraries WAS Re: One unclear point in the Vim license

2002-01-04 Thread Thomas Bushnell, BSG
Hamish Moffatt [EMAIL PROTECTED] writes:

 Don't dismiss this as completely obvious. It's not uncontroversial.
 
 For example, the kernel is GPLed but will load and run programs
 with incompatible licenses. Those programs make syscalls to
 the kernel to perform system work; how is this permitted?

Because the kernel is not one program together with the applications
it runs.

 It is so different from an incompatibly-licensed program linking
 to a GPLed library?

Yes, it is different.  One is a program making callouts to a different
entity, the kernel.  The case we were talking about is that of library
linking. 

 The ldso license is interesting (/usr/doc/ldso/copyright, possibly
 only on potato or earlier systems). The commentary implies that
 ld.so deliberately uses the BSD license because the GPL is too
 strict. It also has the following paragraph:

The ldso people don't have any ability to change the licenses of the
actual authors of the libraries in question.  

There are lots of different cases.  A great deal of difficulty is
caused by people asserting that totally different cases must all be
treated the same way.  Post one case at a time, and not a giant spew
of a jillion examples, as if they all argued for one single point.
Each separate case is a separate discussion.

Many of the examples you cited are cases where it is not very
important whether the combined thing is a single derived work or not,
because the licenses are more permissive than the GPL.  Other cases
involve explicit declarations by the authors of the programs about how
they intend the license to be interpreted.  Many involve things like
the kernel that are not libraries at all.

 Getting off-topic a bit, there's an interesting clause in the 
 license for libio, in /usr/doc/libc6/copyright (on potato anyway).
 
As a special exception, if you link this library with files
compiled with a GNU compiler to produce an executable, this does
not cause the resulting executable to be covered by the GNU General
Public License.  This exception does not however invalidate any
other reasons why the executable file might be covered by the GNU
General Public License.
 
 Why does the license require you to use a GNU compiler? Bizarre.

I have no idea.  But what on earth does it have to do with the present
conversation?  

Why do you think that getting off-topic a bit, in a post which
already contained so much that is off-topic, has any hope of doing any
good for the conversation?



Re: linking to GPL'd libraries WAS Re: One unclear point in the Vim license

2002-01-04 Thread Thomas Bushnell, BSG
[EMAIL PROTECTED] (Thomas Bushnell, BSG) writes:

 Yes, it is different.  One is a program making callouts to a different
 entity, the kernel.  The case we were talking about is that of library
 linking. 

I should add here that it is relevant that the callouts to the kernel
are callouts to an interface which is defined as not making things a
combined derived work, which is not normally the case for a library.
It is relevant and important here that the authors of the kernel
intend that understanding of those callouts.

If some nefarious added callouts to a GPL'd program which normally had
nothing similar, and then had some non-free program use those
callouts, all as an attempt at a subterfuge to defeat the GPL, this
would not be allowed.

Thomas



Re: linking to GPL'd libraries WAS Re: One unclear point in the Vim license

2002-01-04 Thread Hamish Moffatt
On Thu, Jan 03, 2002 at 10:43:48PM -0800, Thomas Bushnell, BSG wrote:
 [EMAIL PROTECTED] (Thomas Bushnell, BSG) writes:
 
  Yes, it is different.  One is a program making callouts to a different
  entity, the kernel.  The case we were talking about is that of library
  linking. 
 
 I should add here that it is relevant that the callouts to the kernel
 are callouts to an interface which is defined as not making things a
 combined derived work, which is not normally the case for a library.
 It is relevant and important here that the authors of the kernel
 intend that understanding of those callouts.

What is the definition of a callout?

Why is it so different to a published library function?
Apart from convenience of argument, that is.

You dismissed my Tcl example without comment but I don't see how
it is different to the kernel case. A non-free program running
in the Tcl interpreter can have the Tcl interpreter load a GPLed
library such as libreadline. The non-free program is not
linked to the library. So why is this illegal?


Hamish
-- 
Hamish Moffatt VK3SB [EMAIL PROTECTED] [EMAIL PROTECTED]



Re: linking to GPL'd libraries WAS Re: One unclear point in the Vim license

2002-01-04 Thread Thomas Bushnell, BSG
Hamish Moffatt [EMAIL PROTECTED] writes:

 On Thu, Jan 03, 2002 at 10:43:48PM -0800, Thomas Bushnell, BSG wrote:
  [EMAIL PROTECTED] (Thomas Bushnell, BSG) writes:
  
   Yes, it is different.  One is a program making callouts to a different
   entity, the kernel.  The case we were talking about is that of library
   linking. 
  
  I should add here that it is relevant that the callouts to the kernel
  are callouts to an interface which is defined as not making things a
  combined derived work, which is not normally the case for a library.
  It is relevant and important here that the authors of the kernel
  intend that understanding of those callouts.
 
 What is the definition of a callout?

By callout I mean a mechanism for one program to call another.  

 Why is it so different to a published library function?
 Apart from convenience of argument, that is.

Libraries are much more tightly integrated with their callers, for
example.  

 You dismissed my Tcl example without comment but I don't see how
 it is different to the kernel case. A non-free program running
 in the Tcl interpreter can have the Tcl interpreter load a GPLed
 library such as libreadline. The non-free program is not
 linked to the library. So why is this illegal?

Maybe it is disallowed.  I haven't thought about it.





Re: linking to GPL'd libraries WAS Re: One unclear point in the Vim license

2002-01-04 Thread Thomas Bushnell, BSG
[EMAIL PROTECTED] (Thomas Bushnell, BSG) writes:

  Why is it so different to a published library function?
  Apart from convenience of argument, that is.
 
 Libraries are much more tightly integrated with their callers, for
 example.  

Oh, and you ignored my stressing the importance of considering intent
and common practice.  It is the intent of kernel designers that the
kernel is not one program together with the programs that it loads.

It generally *is* the intent of library authors that the library is
part of the programs with which they are linked.  The nature and
structure of the situation is important, as are the intentions of the
parties.

But the real point, which people frequently seem to miss, is that only
this way can the integrity of the copyleft be maintained.  If the use
of dynamic loading were sufficient to get around the GPL, then its
copylefting provisions would be entirely a dead letter, and it would
be no better that the BSD license.

For that very reason, the FSF and GPL-users in general staunchly stick
to the importance of this rule, because it is the only thing that
preserves the integrity of the copyleft itself.

Now, if you want to argue the point further, *please* take it up with
RMS or with Eben Moglen.  There's really no advantage to wasting
debian-legal with it.  That's what I was trying to get across to
[EMAIL PROTECTED], and now he's suckered us into a stupid argument.  

Thomas



Re: linking to GPL'd libraries WAS Re: One unclear point in the Vim license

2002-01-04 Thread Steve Langasek
On Fri, Jan 04, 2002 at 06:03:30PM +1100, Hamish Moffatt wrote:
 On Thu, Jan 03, 2002 at 10:43:48PM -0800, Thomas Bushnell, BSG wrote:
  [EMAIL PROTECTED] (Thomas Bushnell, BSG) writes:

   Yes, it is different.  One is a program making callouts to a different
   entity, the kernel.  The case we were talking about is that of library
   linking. 

  I should add here that it is relevant that the callouts to the kernel
  are callouts to an interface which is defined as not making things a
  combined derived work, which is not normally the case for a library.
  It is relevant and important here that the authors of the kernel
  intend that understanding of those callouts.

 What is the definition of a callout?

 Why is it so different to a published library function?
 Apart from convenience of argument, that is.

I think you're overlooking the fact that in the case of a GPL library, 
the publishing of the interface is ALSO done under the GPL.  Are you 
using GPL header files when compiling?  Then the binary output is a 
derived work of the GPLed library.

This is not to imply that someone who reverse-engineers a GPL header 
file can necessarily link against a GPL library without also being bound 
by its license terms; it only shows that in the usual case, there's 
clear support for the claim that library linking creates a derived work.

Steve Langasek
postmodern programmer


pgpqoOCGrwWXP.pgp
Description: PGP signature


Re: linking to GPL'd libraries WAS Re: One unclear point in the Vim license

2002-01-03 Thread Thomas Bushnell, BSG
[EMAIL PROTECTED] writes:

 This is something I am very interested in, but as of
 now, I am not well versed in the subject.  My 
 searching has found that this topic is well discussed,
 but not necessarily well described.  Is there any 
 legal precedence here?

It's a standard case of a derived work.

 Has the object brokerage environments or similar  
 technologies -- RPC even -- ability to get around the
 GPL been addressed in a meaningful proposal?

In general, something which is a subterfuge to get around a licensing
requirement, is disallowed by the courts.  But someone might be
sufficiently tricky, and then they would hurt us.  As a result, it is
distinctly *not* in the interests of the free software community to
try and dream up ways of getting around the GPL.  

If you think you have something specific in mind that might be a
problem, send it to RMS.



Re: linking to GPL'd libraries WAS Re: One unclear point in the Vim license

2002-01-03 Thread lloyder
- Original Message - 
From: Thomas Bushnell, BSG [EMAIL PROTECTED]
To: [EMAIL PROTECTED]
Cc: debian-legal@lists.debian.org
Sent: Thursday, January 03, 2002 7:07 PM
Subject: Re: linking to GPL'd libraries WAS Re: One unclear point in the Vim 
license


 [EMAIL PROTECTED] writes:
 
  This is something I am very interested in, but as of
  now, I am not well versed in the subject.  My 
  searching has found that this topic is well discussed,
  but not necessarily well described.  Is there any 
  legal precedence here?
 
 It's a standard case of a derived work.

How so?  Example:  I write a book and suggest that you 
get another book, because I am going to identify some 
page numbers in that book where the content supports
my content.  If you don't get that book, I am going to suggest that my book 
means nothing.

 
  Has the object brokerage environments or similar  
  technologies -- RPC even -- ability to get around the
  GPL been addressed in a meaningful proposal?
 
 In general, something which is a subterfuge to get around a licensing
 requirement, is disallowed by the courts.  But someone might be
 sufficiently tricky, and then they would hurt us.  As a result, it is
 distinctly *not* in the interests of the free software community to
 try and dream up ways of getting around the GPL.  

Wow, I am worried for our free software community then.
You sound like the software companies that do not want 
people to be able to publicly publish security bug reports.

How did the GPL get to its current state then?  O darn,
we lost in court again, better go back to the drawing 
board.

My readings suggest that this may be known issue that 
is not well addressed.  I am hoping that it is well 
addressed or really is a non-issue as you suggest.

Best regards,
Lloyd

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Re: linking to GPL'd libraries WAS Re: One unclear point in the Vim license

2002-01-03 Thread Thomas Bushnell, BSG
[EMAIL PROTECTED] writes:

 How so?  Example: I write a book and suggest that you get another
 book, because I am going to identify some page numbers in that book
 where the content supports my content.  If you don't get that book,
 I am going to suggest that my book means nothing.

The combined linked binary program is the derived work.  It is that
combined linked program which can only be distributed if the
distribution meets the terms of both licenses.  

And, any way of distributing that combined linked binary program, even
by trying to split it up into little pieces as a subterfuge, is still
the same thing.

 Wow, I am worried for our free software community then.
 You sound like the software companies that do not want 
 people to be able to publicly publish security bug reports.
 
 How did the GPL get to its current state then?  O darn,
 we lost in court again, better go back to the drawing 
 board.

If you think there is a bug report, then feel free to post it.  But
don't expect me to try and think up ways for other people to defeat
the GPL!

 My readings suggest that this may be known issue that 
 is not well addressed.  I am hoping that it is well 
 addressed or really is a non-issue as you suggest.

I'm telling you: it is.  I gave you the reasoning; some people have
raised lots of FUD, but it's all really just FUD.



Re: linking to GPL'd libraries WAS Re: One unclear point in the Vim license

2002-01-03 Thread Thomas Bushnell, BSG
[EMAIL PROTECTED] writes:

 My readings suggest that this may be known issue that 
 is not well addressed.  I am hoping that it is well 
 addressed or really is a non-issue as you suggest.

It's really very tedious, you know, to think that you help things by
dredging up well-settled discussions, and then saying that anyone who
doesn't decide that your issues are real ones.  

You don't understand the situation; the purpose of debian-legal is not
to entertain long drawn out discussion to satisfy all comers about
what the actual state of the law is.

I'm happy to explain the situation to you, but so far, you've just
said I read a lot of stuff and I'm totally confused and maybe the
people who know better than I are totally ignorant about it.

You worry that it may not be well addressed.  I can assure you, it
is.  But more than that, debian-legal is not the place for addressing
it.



Re: linking to GPL'd libraries WAS Re: One unclear point in the Vim license

2002-01-03 Thread lloyder
- Original Message - 
From: Thomas Bushnell, BSG [EMAIL PROTECTED]
To: [EMAIL PROTECTED]
Cc: debian-legal@lists.debian.org
Sent: Thursday, January 03, 2002 7:44 PM
Subject: Re: linking to GPL'd libraries WAS Re: One unclear point in the Vim 
license


 [EMAIL PROTECTED] writes:
 
  My readings suggest that this may be known issue that 
  is not well addressed.  I am hoping that it is well 
  addressed or really is a non-issue as you suggest.
 
 It's really very tedious, you know, to think that you help things by
 dredging up well-settled discussions, and then saying that anyone who
 doesn't decide that your issues are real ones.  

I do not understand your statements.

 
 You don't understand the situation; the purpose of debian-legal is not
 to entertain long drawn out discussion to satisfy all comers about
 what the actual state of the law is.
 
 I'm happy to explain the situation to you, but so far, you've just
 said I read a lot of stuff and I'm totally confused and maybe the
 people who know better than I are totally ignorant about it.

I am sorry that I upset you.  I am not saying that I am
totally confused, nor that I read the right stuff.  It 
is interesting that you claim that I think that you 
know better than me, and even more interesting that you
claim that I think that you are ignorant.  If there is 
a more appropriate forum to learn the legal significance 
of debian development and whether it is something that I 
can believe in and share with others, I am very 
interested in finding out.

You are a sham when you say that you would be happy to 
explain it, when you have not, nor have you directed me
to where I can.  All the information that you have 
provided just adds to my noise.  

 
 You worry that it may not be well addressed.  I can assure you, it
 is.  But more than that, debian-legal is not the place for addressing
 it.

Now, I am really confused as I believe that it is 
related to the reason why the ?majority? believe that 
vim cannot be packaged in debian.  

Law has to be knowable,
Lloyd


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Re: linking to GPL'd libraries WAS Re: One unclear point in the Vim license

2002-01-03 Thread Thomas Bushnell, BSG
[EMAIL PROTECTED] writes:

 I am sorry that I upset you.  I am not saying that I am
 totally confused, nor that I read the right stuff.  It 
 is interesting that you claim that I think that you 
 know better than me, and even more interesting that you
 claim that I think that you are ignorant.  If there is 
 a more appropriate forum to learn the legal significance 
 of debian development and whether it is something that I 
 can believe in and share with others, I am very 
 interested in finding out.

If you want to decide whether you can believe in it, I would recommend
you take a look at www.gnu.org/philosophy.  That's much better than
posting questions which amount to gee, I wonder whether there's a way
to get around the GPL.  

The short answer is: as far as we know, no.

The medium-long answer is: as far as we know, no; if there is
something that does get around it, we want to know, in such a way that
we can fix it without it being exploitet, so post your question
somewhere less public.

The long answer is: Here are a jillion things that people have
dreamed up, and I can address them one at a time.

I'm not willing to do the long one.  I'm willing to do the short one:
there, done.

If you are not just trolling, then post a real-world case, involving
software, and someone (maybe even me) can explain the application of
the GPL to your case.

 Now, I am really confused as I believe that it is 
 related to the reason why the ?majority? believe that 
 vim cannot be packaged in debian.  

The case of vim is still being discussed.  Leave that aside for the
moment.



Re: linking to GPL'd libraries WAS Re: One unclear point in the Vim license

2002-01-03 Thread lloyder
- Original Message - 
From: Thomas Bushnell, BSG [EMAIL PROTECTED]
To: [EMAIL PROTECTED]
Cc: debian-legal@lists.debian.org
Sent: Thursday, January 03, 2002 7:39 PM
Subject: Re: linking to GPL'd libraries WAS Re: One unclear point in the Vim 
license


 [EMAIL PROTECTED] writes:
 
  How so?  Example: I write a book and suggest that you get another
  book, because I am going to identify some page numbers in that book
  where the content supports my content.  If you don't get that book,
  I am going to suggest that my book means nothing.
 
 The combined linked binary program is the derived work.  It is that
 combined linked program which can only be distributed if the
 distribution meets the terms of both licenses.  
 
 And, any way of distributing that combined linked binary program, even
 by trying to split it up into little pieces as a subterfuge, is still
 the same thing.

If a library's interface is implemented to a standard 
or similar, than someone linking to a GPL library version should be alright, no?

My concern is that in an attempt to protect users, we 
are no better than patent happy USA.


 If you think there is a bug report, then feel free to post it.  But
 don't expect me to try and think up ways for other people to defeat
 the GPL!

That is exactly what I would hope you do.  

The way you have presented your feels... I do not 
think that you would be receptive to a bug report 
regardless.  Luckily, I do not think that others are
in a similar mind-space.

Regards,
Lloyd


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Re: linking to GPL'd libraries WAS Re: One unclear point in the Vim license

2002-01-03 Thread Thomas Bushnell, BSG
[EMAIL PROTECTED] writes:

 If a library's interface is implemented to a standard or similar,
 than someone linking to a GPL library version should be alright, no?

No.  Actually linking to the GPL'd library is not allowed if you are
doing so from non-GPL-compatible code.



Re: linking to GPL'd libraries WAS Re: One unclear point in the Vim license

2002-01-03 Thread lloyder
- Original Message - 
From: Thomas Bushnell, BSG [EMAIL PROTECTED]
To: [EMAIL PROTECTED]
Cc: debian-legal@lists.debian.org
Sent: Thursday, January 03, 2002 9:10 PM
Subject: Re: linking to GPL'd libraries WAS Re: One unclear point in the Vim 
license


 [EMAIL PROTECTED] writes:
 
  I am sorry that I upset you.  I am not saying that I am
  totally confused, nor that I read the right stuff.  It 
  is interesting that you claim that I think that you 
  know better than me, and even more interesting that you
  claim that I think that you are ignorant.  If there is 
  a more appropriate forum to learn the legal significance 
  of debian development and whether it is something that I 
  can believe in and share with others, I am very 
  interested in finding out.
 
 If you want to decide whether you can believe in it, I would recommend
 you take a look at www.gnu.org/philosophy.  That's much better than
 posting questions which amount to gee, I wonder whether there's a way
 to get around the GPL.  
 
 The short answer is: as far as we know, no.
 
 The medium-long answer is: as far as we know, no; if there is
 something that does get around it, we want to know, in such a way that
 we can fix it without it being exploitet, so post your question
 somewhere less public.
 
 The long answer is: Here are a jillion things that people have
 dreamed up, and I can address them one at a time.
 
 I'm not willing to do the long one.  I'm willing to do the short one:
 there, done.
 
 If you are not just trolling, then post a real-world case, involving
 software, and someone (maybe even me) can explain the application of
 the GPL to your case.

This seems like a more reasonable response.  Thank you
for your time.  

Your last suggestion seems contrary to your suggestion
to post your question somewhere less public.  I guess
that is the nature of the beast.  

Best regards,
Lloyd

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Re: linking to GPL'd libraries WAS Re: One unclear point in the Vim license

2002-01-03 Thread Thomas Bushnell, BSG
[EMAIL PROTECTED] writes:

 I do not really understand why, I guess accepting it 
 in the definition of derivative work is the basis, but 
 I cannot help, but wonder as I have not seen legal 
 challanges that support this.  

It's a perfectly normal case of a derivative work.  When you link
program A with program B, you are creating a derivative work, A+B.
You can only distribute that work if the licenses of A and B permit
it.  

 I also do not understand why GNU has to have contributers sign legal
 pagers if GPL works.  

The FSF asks people to assign their work to the FSF because only the
copyright owner is legally allowed to sue for copyright infringement.
If the FSF has the copyright, then it can do so without a great deal
of hassle.

The FSF also requires that contributors to GNU software affirm that
they have the right to license those changes under the GPL.

How do either of these suggest that someone thinks the GPL doesn't
work? 

 I guess I am just concerned for free software.

Rght.  What does that mean?  What is your concern, actually?



Re: linking to GPL'd libraries WAS Re: One unclear point in the Vim license

2002-01-03 Thread Thomas Bushnell, BSG
[EMAIL PROTECTED] writes:

 Your last suggestion seems contrary to your suggestion
 to post your question somewhere less public.  I guess
 that is the nature of the beast.  

It's the difference between real-world cases that people should
understand, and hypothetical rambling about possible things that
haven't happened and are unlikely to.



Re: linking to GPL'd libraries WAS Re: One unclear point in the Vim license

2002-01-03 Thread Henning Makholm
Scripsit [EMAIL PROTECTED]

 If a library's interface is implemented to a standard or similar,
 than someone linking to a GPL library version should be alright, no?

This and related questions have been the subject of long and tedious
flamewars on debian-legal, complete with

a) Discussions about where the line ought to be drawn between
   incorporating a GPL'ed program and simply using it, from actually
   pasting source code between .c files, over several technical
   variations of linking, to system(3) calls and even weirder tricks.

b) Discussions about which, if any, difference it ought to make that
   the GPL'ed program implements an interface for which alternative
   implementations exist (respectively, can be imagined).

c) Discussions about which ways the answers to (a) and (b) ought to
   be rationalized with legal theory.

d) All and any of the above, with ought to replaced with is
   actually at present, in the opinion of the courts of this and that
   specific jurisdiction.

e) Silly clueless people who cannot distinguish properly between the
   is and the ought subthreads.

f) Universal agreement that such silly clueless people take part in
   the discussions; equally universal disagreement about who they are.

g) Car analogies. (Yeah, and literature analogies, too.)

h) As a matter of course, utter lack of eventual consensus.

You'll find it all in the list archives.

Luckily nobody seems to be much inclined to restart the flamewars just
now, but if you insist on trying nevertheless, please at least do us
the favor of going to the archives and read the past incarnations to
make reasonably sure that whatever you feel like contributing is
actually *new* and not just a reiteration of arguments that are known
empirically to move nobody's opinion.

-- 
Henning Makholm   The great secret, known to internists and
 learned early in marriage by internists' wives, but
   still hidden from the general public, is that most things get
 better by themselves. Most things, in fact, are better by morning.