Re: Upstream pointing to COPYING file in headers

2015-05-02 Thread Eriberto Mota
Hi Ben,

2015-05-01 22:52 GMT-03:00 Ben Finney ben+deb...@benfinney.id.au:

 It may be *intended* to grant some license, and that intention may be
 meaningful if a case is ever heard in court.

 But as it stands, that text does not IMO inform the recipient what they
 may and may not do with the work.

 In particular, as you point out, there is no word on whether the
 recipient may redistribute the work under “(at your option) any later
 version” of the GPL “as published by the Free Software Foundation”.


Thanks a lot for your opinion. I will consider, for a first release in
NEW, GPL-2 only and ask for upstream to change the headers. So, my
initial POV will be kept.

Regards,

Eriberto


--
To UNSUBSCRIBE, email to debian-legal-requ...@lists.debian.org
with a subject of unsubscribe. Trouble? Contact listmas...@lists.debian.org
Archive: 
https://lists.debian.org/CAP+dXJdTbFiW2fXz1zp_7qvPzWtA90oet6Oeq=jg9l4fvs9...@mail.gmail.com



Re: Upstream pointing to COPYING file in headers

2015-05-02 Thread Steve Langasek
On Sat, May 02, 2015 at 11:52:13AM +1000, Ben Finney wrote:
 Eriberto Mota eribe...@debian.org writes:

  ---
  (C) 2007-2009  Lluís Batlle i Rossell
  Please find the license in the provided COPYING file.
  ---

 That is an assertion of copyright without a grant of license.

Nonsense.  There is no ambiguity here at all, it tells you exactly where to
find the license.

However, you are right that it is *not* a correct license grant for GPLv2+,
only for GPL2.  This is inconsistent with the license statement on the
website.

 I advise you make efforts to convince the copyright holder to follow the
 guidance in the COPYING document on “How to Apply These Terms to Your
 New Programs”. What they have is needlessly ambiguous.

Agreed.  Since the website expresses intent to license under GPLv2+, they
should include this in the source files as well.

Absent a clarification from upstream, I would take the conservative approach
of treating this as a GPL2 (not GPL2+) work for debian/copyright.

-- 
Steve Langasek   Give me a lever long enough and a Free OS
Debian Developer   to set it on, and I can move the world.
Ubuntu Developerhttp://www.debian.org/
slanga...@ubuntu.com vor...@debian.org


signature.asc
Description: Digital signature


Re: Upstream pointing to COPYING file in headers

2015-05-02 Thread Josue Abarca
On Sat, May 02, 2015 at 08:59:14AM +0200, Steve Langasek wrote:
 On Sat, May 02, 2015 at 11:52:13AM +1000, Ben Finney wrote:
  Eriberto Mota eribe...@debian.org writes:
 
   ---
   (C) 2007-2009  Lluís Batlle i Rossell
   Please find the license in the provided COPYING file.
   ---
 
  That is an assertion of copyright without a grant of license.
 
 Nonsense.  There is no ambiguity here at all, it tells you exactly where to
 find the license.
 
 However, you are right that it is *not* a correct license grant for GPLv2+,
 only for GPL2.  This is inconsistent with the license statement on the
 website.
 
  I advise you make efforts to convince the copyright holder to follow the
  guidance in the COPYING document on “How to Apply These Terms to Your
  New Programs”. What they have is needlessly ambiguous.
 
 Agreed.  Since the website expresses intent to license under GPLv2+, they
 should include this in the source files as well.
 
 Absent a clarification from upstream, I would take the conservative approach
 of treating this as a GPL2 (not GPL2+) work for debian/copyright.

Also note that the final part of GPL 2 section 9 [G1] states:

...  If the Program does not specify a version number of this
License, you may choose any version ever published by the Free
Software Foundation.

I suppose that can be an incentive to add an appropriate license
grant.

[G1] https://www.gnu.org/licenses/old-licenses/gpl-2.0.html#section9

-- 
Josué M. Abarca S.


-- 
To UNSUBSCRIBE, email to debian-legal-requ...@lists.debian.org
with a subject of unsubscribe. Trouble? Contact listmas...@lists.debian.org
Archive: https://lists.debian.org/20150502234046.gh1...@debian.local.net



Re: Upstream pointing to COPYING file in headers

2015-05-02 Thread Eriberto Mota
2015-05-02 20:40 GMT-03:00 Josue Abarca jmasli...@debian.org:

 Also note that the final part of GPL 2 section 9 [G1] states:

 ...  If the Program does not specify a version number of this
 License, you may choose any version ever published by the Free
 Software Foundation.

 I suppose that can be an incentive to add an appropriate license
 grant.

 [G1] https://www.gnu.org/licenses/old-licenses/gpl-2.0.html#section9

 --
 Josué M. Abarca S.


Ok, but it is an option to final user. A package can't impose a
version. A package must describe the original upstream license only.

Eriberto


--
To UNSUBSCRIBE, email to debian-legal-requ...@lists.debian.org
with a subject of unsubscribe. Trouble? Contact listmas...@lists.debian.org
Archive: 
https://lists.debian.org/CAP+dXJd_xqRP7B3cSDgsOBru=0UW+1OqtbxK=qjotzm+tut...@mail.gmail.com



Re: Upstream pointing to COPYING file in headers

2015-05-01 Thread Ben Finney
Eriberto Mota eribe...@debian.org writes:

 ---
 (C) 2007-2009  Lluís Batlle i Rossell
 Please find the license in the provided COPYING file.
 ---

That is an assertion of copyright without a grant of license.

It may be *intended* to grant some license, and that intention may be
meaningful if a case is ever heard in court.

But as it stands, that text does not IMO inform the recipient what they
may and may not do with the work.

In particular, as you point out, there is no word on whether the
recipient may redistribute the work under “(at your option) any later
version” of the GPL “as published by the Free Software Foundation”.

 IMHO, this generical case imposes a GPL-2 license, not a GPL-2+,
 because the upstream didn't explain his intent in source code.

 What is your opinion?

I advise you make efforts to convince the copyright holder to follow the
guidance in the COPYING document on “How to Apply These Terms to Your
New Programs”. What they have is needlessly ambiguous.

-- 
 \ “[F]reedom of speech does not entail freedom to have your ideas |
  `\accepted by governments and incorporated into law and policy.” |
_o__)   —Russell Blackford, 2010-03-06 |
Ben Finney


-- 
To UNSUBSCRIBE, email to debian-legal-requ...@lists.debian.org
with a subject of unsubscribe. Trouble? Contact listmas...@lists.debian.org
Archive: https://lists.debian.org/85k2wrg302@benfinney.id.au



Upstream pointing to COPYING file in headers

2015-05-01 Thread Eriberto Mota
Hi guys,

I would like to confirm a situation. In a package that I will sponsor,
the upstream points to COPYING file in each header. Here is an
example:

---
(C) 2007-2009  Lluís Batlle i Rossell
Please find the license in the provided COPYING file.
---

The provided COPYING file is the conventional full text of the GPL-2.
The upstream homepage[1] says:

Download the latest version (GPLv2+ licensed): ts-0.7.5.tar.gz -
v0.7.5 (2014-03-06) - Changelog

[1] http://vicerveza.homeunix.net/~viric/soft/ts/

However, I can't see any GPL-2+ reference in source code and the
COPYING file has the conventional FSL GPL text (as here[2]).

[2] https://www.gnu.org/licenses/gpl-2.0.html

IMHO, this generical case imposes a GPL-2 license, not a GPL-2+,
because the upstream didn't explain his intent in source code.

What is your opinion?

Thanks in advance.

Regards,

Eriberto


--
To UNSUBSCRIBE, email to debian-legal-requ...@lists.debian.org
with a subject of unsubscribe. Trouble? Contact listmas...@lists.debian.org
Archive: 
https://lists.debian.org/cap+dxjcgb8dbks_erz_4v_wb85noxjftogwq_kmkjdargp5...@mail.gmail.com