Re: Third party code license issue

2012-03-08 Thread Tanguy Ortolo
Adam Sampson, 2012-03-08 13:29+0100:
 Medhamsh m...@medhamsh.org writes:
 
 “The Software shall be used for Good, not Evil.”
 
 That's the JSON license, which has been discussed here before -- have a
 look at bug #585468, #585470 or #602250 for other examples.

That is right. By the way, this license is also considered non-free by
the FSF because it conflicts with freedom 0:
http://www.gnu.org/licenses/license-list.html.

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Re: Third party code license issue

2012-03-08 Thread Medhamsh
Hello,

On Thu, March 8, 2012 8:30 pm, Tanguy Ortolo wrote:
 Adam Sampson, 2012-03-08 13:29+0100:

 Medhamsh m...@medhamsh.org writes:


 “The Software shall be used for Good, not Evil.”

 That's the JSON license, which has been discussed here before -- have a
  look at bug #585468, #585470 or #602250 for other examples.

I have re-packed the upstream source by removing that file. That
file is not at all used by the debian package and the software
still works as it should without that file also. Thanks a lot for
all your suggestions and guidelines.

Sincerely,
-- 
Medhamsh
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Re: Third party code license issue

2012-03-04 Thread Paul Elliott
On Sunday, March 04, 2012 01:56:09 AM Ben Finney wrote:
 Medhamsh m...@medhamsh.org writes:
  The upstream of adminer released it under Apache-2.0 but this third
  party code has the Expat license text and after that another one-liner
  which reads,
  
  “The Software shall be used for Good, not Evil.”
 
 This violates the DFSG §6. By declaring some fields of endeavour
 off-limits, the licensor is not granting the freedoms required for all
 Debian users.
 
 As Paul Wise refers to in a linkes article, the clause is uselessly
 vague and creates the effect that the recipient *can't know* whether
 what they are doing is copyright violation. It's needlessly adding
 confusion to an already confused issue.
 
  The author is not willing to change that line. I want to have the
  advice regarding this issue.
 
 The best advice, given the refusal of JSmin upstream to change to a
 clearly free license, is to drop the dependency on JSmin. Ideally, work
 with your upstream to make the work fully functional without that
 library.

I do not think the authors of the DFSG intended to endorse the use of software 
for evil. And I don't think Evil is a Field of endeavor. Most people know, 
or think they know, when they are doing evil. I also do not think the the 
distinction between Good and Evil is any more ambiguous than the term field of 
endeavor.

But because of nihilism of our times, the courts are unlikely to interpret 
Good and Evil. The clause should be taken as an exhortation rather than a 
legal requirement. In our times, those who favor Good over Evil should be 
encouraged rather than discouraged. They should be given every benefit of 
doubt.


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Re: Third party code license issue

2012-03-04 Thread Tanguy Ortolo
Paul Elliott, 2012-03-04 09:37+0100:
 But because of nihilism of our times, the courts are unlikely to interpret 
 Good and Evil. The clause should be taken as an exhortation rather than a 
 legal requirement. In our times, those who favor Good over Evil should be 
 encouraged rather than discouraged. They should be given every benefit of 
 doubt.

Since that clause uses the verb “shall”, it is intended as an
obligation. If it is too vague, or too whatever to be usable in a court,
then it is just a very bad one. If the goal was to encourage people to
do Good, or to send a postcard to the author, or to sacrifice a goose,
then their would be no problem writing something like:
The Software should be used for Good, not for Evil.
You are encouraged to send a postcard to the Author.
The Author would be pleased if you sacrificed a goose.

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Re: Third party code license issue

2012-03-04 Thread Ben Finney
Paul Elliott pelli...@blackpatchpanel.com writes:

 I do not think the authors of the DFSG intended to endorse the use of
 software for evil.

I think the authors of the DFSG did not intend to endorse any particular
use. But I am certain they did not intend to *restrict* any particular
use.

 And I don't think Evil is a Field of endeavor. Most people know, or
 think they know, when they are doing evil.

Yes, I'm sure that's so. The problem with the license clause in question
is that it is not the person exercising the license who makes that
determination: it is the opinion of the copyright holder that matters.

So, at best, this clause becomes a “you must know the opinion of the
copyright holder before you can know whether you even have a license in
the work”.

And at worst it becomes a chilling clause: in the absence of knowing
whether one has license in the work to do something, many interesting
uses will be seen as too risky, even if they are considered “not evil”
by the person who would do them.

 The clause should be taken as an exhortation rather than a legal
 requirement.

That's something that you should take up with the author of that clause
then: it is phrased as a requirement, and I think it would be quite
reasonable for the recipient and any judge to interpret it as one.

 In our times, those who favor Good over Evil should be encouraged
 rather than discouraged. They should be given every benefit of doubt.

In our times, anyone who makes use of a copyrighted work does so at the
mercy of the entire draconian copyright regime. We need licenses that
make recipient's freedoms clear and simple to protect, not ambiguous and
chilled.

-- 
 \“A life spent making mistakes is not only most honorable but |
  `\  more useful than a life spent doing nothing.” —anonymous |
_o__)  |
Ben Finney


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Re: Third party code license issue

2012-03-04 Thread Francesco Poli
On Sun, 4 Mar 2012 02:37:28 -0600 Paul Elliott wrote:

[...]
 I do not think the authors of the DFSG intended to endorse the use of 
 software 
 for evil.

I think that it's not a matter of endorsing evil uses.
It's a matter of forbidding discrimination.

Free Software cannot discriminate against any given field of endeavor,
whatever some people may think about that field of endeavor.

 And I don't think Evil is a Field of endeavor.

If you discriminate against evil uses, you are discriminating against
some possible uses: as a consequence, you are discriminating against
some fields of endeavor.
Even worse: you are discriminating against some ill-defined fields of
endeavor, since what is evil and what is good is a matter of points of
view.

 Most people know, 
 or think they know, when they are doing evil. I also do not think the the 
 distinction between Good and Evil is any more ambiguous than the term field 
 of 
 endeavor.

I disagree: I think that Good and Evil often depends on the
opinions and/or political views of the person who evaluates things.

Is running a nuclear reactor a good use or an evil use?
I think that this strongly depends on what you think about nuclear
power plants...
Is carrying out research on embryonic stem cells good or evil?
Once again, this strongly depends on your point of view...

Countless other examples could be made, but they would not probably add
much to this discussion.

The point I am trying to make is: who gets to decide what's good and
what's evil?
If it's the copyright holder of the work, we don't know exactly what
his/her opinions are, and they are not described in the license text.
As a consequence, we have a license text that discriminates against
unpredictable use cases.
That's very bad, I think, and definitely non-free, IMO.


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Re: Third party code license issue

2012-03-04 Thread Raj Mathur (राज माथुर)
On Sunday 04 Mar 2012, Paul Elliott wrote:
 I do not think the authors of the DFSG intended to endorse the use of
 software for evil. And I don't think Evil is a Field of endeavor.
 Most people know, or think they know, when they are doing evil. I
 also do not think the the distinction between Good and Evil is any
 more ambiguous than the term field of endeavor.

There are religions, philosophies and schools of thought that do not 
look at thoughts, deeds and words in simplistic black and white terms; 
consequently these credos do not have any intrinsic concept of good or 
evil.  As an adherent of one of these schools of thought, I am unable to 
meaningfully parse the original author's requirement.

Again speaking for myself, I would disagree with your last assertion 
above: the distinction between Good and Evil is not at all 
unambiguous and, if it can be defined at all, wholly dependant on 
context.

 But because of nihilism of our times, the courts are unlikely to
 interpret Good and Evil. The clause should be taken as an
 exhortation rather than a legal requirement. In our times, those who
 favor Good over Evil should be encouraged rather than discouraged.
 They should be given every benefit of doubt.

Only meaningful in specifically dualistic philosophies and world views.

The only objective of this mail is to share a perspective on the issue, 
not to get into a theistic or religious debate.

Regards,

-- Raj
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Third party code license issue

2012-03-03 Thread Medhamsh
Hello,


I have been working on the ITP(#658861), adminer a php based webapp.
This uses a third party code, written by another author. The upstream
of adminer released it under Apache-2.0 but this third party code has
the Expat license text and after that another one-liner which reads,

“The Software shall be used for Good, not Evil.”

So, this third party code's license is Expat+Above line.

I requested the author of that third party code explaining him debian
packaging policies and licensing FAQ, that this if altered to,

The Software should be used for Good, not Evil.

would make the upstream software a free software.

The author is not willing to change that line. I want to have the
advice regarding this issue.

Upstream: Adminer (http://www.adminer.org/)
Third-party code: Jsmin (http://www.crockford.com/javascript/jsmin.html)


Sincerely,
-- 
Medhamsh
Hacktivist | http://medhamsh.org
BD16 E32E CA4D 83A3 1270  725D D766 7997 0ABC 20E9


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Re: Third party code license issue

2012-03-03 Thread Paul Wise
You will need to ask the adminer upstream to remove the dependency on
jsmin. If they are not willing to do so then you will need to repack
the adminer upstream tarball to remove it. Then add a patch to make it
work when jsmin is missing.

http://wonko.com/post/jsmin-isnt-welcome-on-google-code

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pabs

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Re: Third party code license issue

2012-03-03 Thread Ben Finney
Medhamsh m...@medhamsh.org writes:

 The upstream of adminer released it under Apache-2.0 but this third
 party code has the Expat license text and after that another one-liner
 which reads,

 “The Software shall be used for Good, not Evil.”

This violates the DFSG §6. By declaring some fields of endeavour
off-limits, the licensor is not granting the freedoms required for all
Debian users.

As Paul Wise refers to in a linkes article, the clause is uselessly
vague and creates the effect that the recipient *can't know* whether
what they are doing is copyright violation. It's needlessly adding
confusion to an already confused issue.

 The author is not willing to change that line. I want to have the
 advice regarding this issue.

The best advice, given the refusal of JSmin upstream to change to a
clearly free license, is to drop the dependency on JSmin. Ideally, work
with your upstream to make the work fully functional without that
library.

-- 
 \“Most people, I think, don't even know what a rootkit is, so |
  `\ why should they care about it?” —Thomas Hesse, Sony BMG, 2006 |
_o__)  |
Ben Finney


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