Re: a Free Platform License?

2011-12-17 Thread Jeff Epler
I doubt it is possible to distribute any software for common x86 PCs in
compliance with your proposed license.

For instance, hypothetical FPL-licensed software cannot be distributed
for Linux, because Linux relies on ACPI which is a part of the
proprietary system BIOS.

Linux also depends on a bootloader.  Unfortunately, the bootloader
depends on BIOS or EFI services, which are also proprietary software.

Hypothetical FPL-licensed software on common x86 PCs will also execute
x86 instructions, some of which are interpreted by updatable microcode
in the CPU.  Even if a traditional CPU with a fixed microcode escapes
the free platform requriement, a CPU with the ability to update and
upgrade its microcode must fall within the purview of a free platform
license.

Even when you make use of efforts to extend freedom as early in the boot
process as possible (e.g., coreboot) the typical PC-based system will
still require use of a proprietary VGA BIOS to initialize the video
card; it appears that coreboot is also designed to be shipped with
Intel's microcode updates though doubtless you could disable this if you
didn't mind your CPU having whatever errata the microcode updates fix.
(and you *want* these updates---for instance, I found that Intel used a
microcode update to fix erratum AG37, the description of which makes it
sound like it would make an implementation of 'memchr' that used the
'rep scas' instruction fail when =4GB of memory is being searched)

Jeff


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Re: a Free Platform License?

2011-12-17 Thread Clark C. Evans
Jeff,

Thank you for thoughts on this.  Pursuant to Ben's request,
the discussion of this hypothetical license (well, a 2nd pass)
has been moved to license-disc...@opensource.org

http://www.mail-archive.com/license-discuss@opensource.org/msg07871.html

Best,

Clark


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Re: a Free Platform License?

2011-12-13 Thread Alexey Eromenko
Clark:
You should speak to FSF, and possibly to Richard Stallman himself
about this idea.

How to enforce such a license against porting software to Wine ?
I do not know...

Anyway: originally Free Software was very permissive (MIT-style), non-copyleft.
Then came in the GPL. Now came the AGPL to enforce Free Software for
Web / Cloud.

Will Free Platform License be the next step ? It *is* clearly a
stronger copyleft than both GPL and AGPL.
And yes, I agree it will open a new window of dual-license companies.

GPL-compatibility:
It *is* possible to make it GPL-compatible, if Stallman releases GPLv4
with such forward-compatibility, like he did with GPLv3-AGPLv3
license bridge. GPLv4 (or v3.1?) can be a small revision against GPLv3
only adding ability to migrate to this new license.
If you can convince Stallman, GPL-compatibility can be done.

About Debian's DFSG:
I'm not sure if such a license will violate DFSG5:
No discrimination against persons or groups., but it might. and DFSG9 also.

BETA-testing of software:
Today, much of cross-platform Open Source Software is tested by
Windows crowd. VirtualBox, LibreOffice, and more are examples of
this...
Linux-only versions (KVM and KOffice) enjoy from less testers.

Speak to Free Software Foundation or to Software Freedom Law Center.
-- 
-Alexey Eromenko Technologov


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Re: a Free Platform License?

2011-12-04 Thread Clark C. Evans
- Original message -
From: Clark C. Evans c...@clarkevans.com
To: license-disc...@opensource.org
Date: Sun, 04 Dec 2011 13:38:20 -0500
Subject: a Free Island Public License?

Please find for your amusement and hopeful commentary 
a different take on what it means to be Free Software.

FREE ISLAND PUBLIC LICENSE

This software is licensed for any purpose excepting
the right to make publicly available derived works 
which depend exclusively upon non-free software.

So long as this copyright and license are included in
all substantial copies of this work you may:

1. Publicly copy and use verbatim copies of this
   work including public distribution and performance.

2. Privately deal with this work in any way you wish,
   including internal usage, copying, and modification
   of this work.

You may also make publicly available via distribution 
or public performance any Derived Work only if the
following conditions are met:

1. the preferred source code for the Derived Work must
   be made freely available under this license;

2. the Derived Work must pass the Free Island test.

By Derived Work we mean a modified copy or adaptation 
of this work or a separate work such as a plug-in, 
protocol adapter, or wrapper which is designed to have 
intimate interactions with this work's operational 
details, or interfaces.

A Derived Work passes the Free Island test if it could 
be prepared, modified, compiled, tested, installed, and 
operated in a manner advertised or expected using only 
commodity hardware, Free Software, this software, and 
the Derived Work itself.  In particular, the Derived 
Work fails the test if it in any way depends upon remote 
network interaction or interfaces to works that do not
have a Free Software implementation.

By Free Software we mean any software which is readily 
available to the public without fee and this license, 
any license approved by the Open Source Initiative or 
any license considered free by the Free Software Foundation.

A safe harbor for passing the Free Island test is if
the Derived Work is fully usable as intended when
compiled  installed on a Debian virtual machine using 
software only from its 'free' distribution and KVM.  
If the Derived Work was created for interaction with 
other works, then it must be fully testable in 
conjunction with a Free Software alternative of this 
work as available on this virtual machine.

THIS SOFTWARE IS PROVIDED BY AUTHOR AND CONTRIBUTORS AS IS AND ANY
EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE
IMPLIED WARRANTIES OF MERCHANTABILITY, AGAINST INFRINGEMENT, TITLE AND
FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL
AUTHOR OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED
TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR
PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF
LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING
NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS
SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.



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Re: a Free Platform License?

2011-11-30 Thread Bernhard R. Link
* Hugo Roy h...@fsfe.org [29 18:13]:
 Le mardi 29 novembre 2011 à 17:38 +0100, Bernhard R. Link a écrit :
  Say I have a blog, that is created by some software. Assume that
  software contains AGPL code. Am I allowed to run a server that only
  serves my blog without paying for anything or anyone else?
  With AGPL the answer is no. Thus I consider it non-free.

 Yes, first because you have not modified the AGPL software.

Of course. But who does not modify software? And why should I lose my
rights to run the software just because I modified it?

 But even if
 you did modify it, and even if your blog supports the remote network
 interaction all you have to do is to offer to provide source code.

So you agree that AGPL forbids me running only a blog, or what is that
sentence supposed to say?

Bernhard R. Link


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Re: a Free Platform License?

2011-11-30 Thread Mark Weyer
On Tue, Nov 29, 2011 at 04:05:01PM +0100, Hugo Roy wrote:
 I don't understand what is the restriction on running the software. The
 AGPL does not say anything about proxies and firewalls. You can have
 them, or not; it does not care AFAICS.

The reason for there being an AGPL was thus: People started offering web
services based on GPL software. RMS would have liked to obtain the source
code. The GPL did not force the people to disclose their source code,
because it only restricts distribution, not use. And the web services were
only used, not distributed.
Hence the AGPL restricts use by design.

The above is not intended to convey my opinion on the AGPL, just to prove
that it does in fact restrict use.

Best regards,

  Mark Weyer


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Re: a Free Platform License?

2011-11-29 Thread Bernhard R. Link
* Hugo Roy h...@fsfe.org [29 08:35]:
 Anyway, what I am looking for is more specific:

   Since I promised I'd mention DFSG-compliance-or-not: some
   debian-legal regulars disagree with the ftpmasters' decision to
   allow AGPL software into Debian. I personally think the AGPL is a
   Free license, but one with significant practical problems.
 
  I'm quite new on this list, can you point us to the rationale behind
  the debate?

I guess you need to rephrase that. I understood it as question why some
DDs consider AGPL a non-free license. What did you mean?

 I don't get the link between AGPL and restrictions on firewalls and
 proxies. As soon as your version of the software provides for remote
 network interaction, you must offer a way for them to get the source
 code (in a way consistent with the rest of the license, which is exactly
 the same as the GPL). It doesn't care if the interaction is behind
 firewalls etc., it doesn't care either about access to the source code,
 it can be behind firewalls or whatever.

Which is a restriction on running the software. The GPL has no
restriction on running, it has only restrictions on distribution.
What good is it that I am allowed to share modifications to software
if I am not allowed to run it?

Bernhard R. Link


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Re: a Free Platform License?

2011-11-29 Thread Hugo Roy
Le mardi 29 novembre 2011 à 15:26 +0100, Bernhard R. Link a écrit :
 * Hugo Roy h...@fsfe.org [29 08:35]:
  Anyway, what I am looking for is more specific:
 
Since I promised I'd mention DFSG-compliance-or-not: some
debian-legal regulars disagree with the ftpmasters' decision to
allow AGPL software into Debian. I personally think the AGPL is a
Free license, but one with significant practical problems.
  
   I'm quite new on this list, can you point us to the rationale behind
   the debate?
 
 I guess you need to rephrase that. I understood it as question why some
 DDs consider AGPL a non-free license. What did you mean?

I mean: can someone give me links or documents that explain the reasons
and arguments put forward for accepting/refusing AGPL into debian's
main?

Actually Francesco provided some links since then:
 Hello everybody! I am one of those debian-legal regulars!
 If someone is interested in the details, please take a look at
 http://lists.debian.org/debian-legal/2007/11/msg00233.html
 http://bugs.debian.org/495721#28

  I don't get the link between AGPL and restrictions on firewalls and
  proxies. As soon as your version of the software provides for remote
  network interaction, you must offer a way for them to get the source
  code (in a way consistent with the rest of the license, which is exactly
  the same as the GPL). It doesn't care if the interaction is behind
  firewalls etc., it doesn't care either about access to the source code,
  it can be behind firewalls or whatever.
 
 Which is a restriction on running the software. The GPL has no
 restriction on running, it has only restrictions on distribution.
 What good is it that I am allowed to share modifications to software
 if I am not allowed to run it?

I don't understand what is the restriction on running the software. The
AGPL does not say anything about proxies and firewalls. You can have
them, or not; it does not care AFAICS.

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  French Coordinator   mobile: +33.6 0874 1341

The Free Software Foundation Europe works to create general
understanding and support for software freedom in politics, law,
business and society. Become a Fellow http://www.fsfe.org/join 

La Free Software Foundation Europe œuvre à la compréhension et au
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Re: a Free Platform License?

2011-11-29 Thread Clark C. Evans
On Tuesday, November 29, 2011 8:25 AM, Hugo Roy h...@fsfe.org wrote:
 I am talking of the freedom to distribute copies of the program. 
 If you restrict that freedom to specific people that is clearly 
 not free software, and that is totally consistent with RMS' l,
 definition as well.

The GPL provides conditions for distribution, when
those conditions are not met -- you can't distribute
a modified copy. Hence, the GPL prevents distribution.

 tightly integrating looks like it's a derivative 
 work. I don't think this is possible. Both would have 
 to be under GPL terms. (That's not a discrimination!)

Zeek does have the right to construct his derived 
work that combines the GPL and non-free work.  

 He can't put his work under the GPL… and this is true 
 to anybody. He cannot publish his modifications because 
 he cannot put John's non-free under the GPL.

Since Zeek can't distribute John's work under the GPL or 
a compatible license, he doesn't meet the distribution
criteria to be a distributable modification of Lisa's work.

 The GPL isn't preventing distribution. If the GPL was 
 preventing distribution, it would mean in the first
 place that Zeek has a legal right to distribute a work 
 of authorship.

Ok.  So this is the crux of why GPL doesn't discriminate;
since the GPL didn't provide the right of distribution to
Zeek, there isn't any right lost, and hence no discrimination.

 This right comes from copyright (in the US), but in 
 this precise example it would be a either:
  * a violation of copyright (John's copyright) if you 
pretend it's under GPL (or GPL-compatible license)
  * a violation of the GNU GPL (Lisa's copyright) if 
you distribute with the non-free library
 
 There are no discrimination by the GPL: nobody is 
 allowed to get this program, because Zeek has no right 
 under John's license to publish any derivative work. 

Oh, let's suppose John's license provides the rights to
make derivative works then, provided that his library's
license (say with an advertising clause) is incorporated.

 That's where the non-free comes from; not the GPL.

Well, I think this is a terminology / perspective issue.

...

So, according to this logic, the Free Platform License
described (as derived from GPLv3, without Affero) would
also not discriminate against platform users.  Since 
those who would wish to distribute FPL licensed software
for use specifically with a non-free platform have no
previous rights to do so.  Hence, there is no 
discrimination with this approach.

Correct?

Clark


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Re: a Free Platform License?

2011-11-29 Thread Jeremy Bicha
On 24 November 2011 13:08, Clark C. Evans c...@clarkevans.com wrote:
 Free and open source software can be used without
 restriction on proprietary platforms, yet, the reverse
 isn't true.  If a open source application is useful
 enough, it'll be ported to Windows or OSX.  As a result,
 proprietary operating systems have all the goodness we
 provide -- plus proprietary stuff we don't.

 Here's the rub.  When a free and open source application
 is ported to a proprietary platform with a higher user
 base, perhaps it brings higher value to that platform
 than it does to the free platform it was developed with.
 At the very least, a port neutralizes any relative
 advantage the free platform might have had.

There is also value to the free and open source community in gateway
apps, great open source apps that run on Windows or Mac in addition
to the Linux/BSD world. These apps ease the transition from a
proprietary environment to a free environment because it's a lot
easier to switch from Firefox on Windows to Firefox on Debian than it
would to switch from Internet Explorer, for instance. I like that KDE
is so easily installable on Windows.

Although the apps might be available on a closed platform, they
generally aren't installed by default. One reason I use Linux is that
most of the apps I use come installed by default or an easy install
away. And it's very easy to keep the apps up-to-date, which still
isn't possible in OS X or even Windows 8. My point is that the open
platform still has advantages even though some of the same apps are
available on closed platforms. Neither Windows nor OS X has all the
goodness Linux has, nor are the additional proprietary apps
available on those platforms necessarily goodness.

By the way, the GCompris developer only distributes half the
educational activities in his official Windows or Mac installers
unless the user pays a fee: http://gcompris.net/Windows,38 I believe
that is fully ok with the GPL since the source is freely available.

Jeremy


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Re: a Free Platform License?

2011-11-29 Thread Hugo Roy
Le mardi 29 novembre 2011 à 10:24 -0500, Clark C. Evans a écrit :
 On Tuesday, November 29, 2011 8:25 AM, Hugo Roy h...@fsfe.org wrote:
  I am talking of the freedom to distribute copies of the program. 
  If you restrict that freedom to specific people that is clearly 
  not free software, and that is totally consistent with RMS' l,
  definition as well.
 
 The GPL provides conditions for distribution, when
 those conditions are not met -- you can't distribute
 a modified copy. Hence, the GPL prevents distribution.

When the conditions are not met.

But those conditions aren't targeting anyone specifically, or forbidding
any group. These conditions are not discriminatory. (Please don't say
they are discriminatory against people who don't want to comply with the
license by releasing it as proprietary software, it doesn't make sense.
It's like saying the law is discriminatory against people who don't
respect it.)

  tightly integrating looks like it's a derivative 
  work. I don't think this is possible. Both would have 
  to be under GPL terms. (That's not a discrimination!)
 
 Zeek does have the right to construct his derived 
 work that combines the GPL and non-free work.  

GPLv3 5. or the GPLv2 2. say the opposite. Or did I misunderstand what
you mean by tightly integrating GPL and non-free software?

  He can't put his work under the GPL… and this is true 
  to anybody. He cannot publish his modifications because 
  he cannot put John's non-free under the GPL.
 
 Since Zeek can't distribute John's work under the GPL or 
 a compatible license, he doesn't meet the distribution
 criteria to be a distributable modification of Lisa's work.

I don't understand. Zeek has a right to distribute Lisa's work, he also
has a right to modify and distribute the modifications. It's Zeek who
choses to use a non-free library and to make it work with Lisa's
modified work. 

  The GPL isn't preventing distribution. If the GPL was 
  preventing distribution, it would mean in the first
  place that Zeek has a legal right to distribute a work 
  of authorship.
 
 Ok.  So this is the crux of why GPL doesn't discriminate;
 since the GPL didn't provide the right of distribution to
 Zeek, there isn't any right lost, and hence no discrimination.

The GPL didn't provide the right of distributing modifications of the
non-free library. Zeek does not have such a right. But nonetheless, he
decided to use it and integrate with a GPL work, which requires to
respect some conditions that aren't met.

  This right comes from copyright (in the US), but in 
  this precise example it would be a either:
   * a violation of copyright (John's copyright) if you 
 pretend it's under GPL (or GPL-compatible license)
   * a violation of the GNU GPL (Lisa's copyright) if 
 you distribute with the non-free library
  
  There are no discrimination by the GPL: nobody is 
  allowed to get this program, because Zeek has no right 
  under John's license to publish any derivative work. 
 
 Oh, let's suppose John's license provides the rights to
 make derivative works then, provided that his library's
 license (say with an advertising clause) is incorporated.

If it's compatible with the conditions of the GPL, why not. (But then I
don't think the advertising clause would make this easy, quite the
contrary).

It's not new that copyleft licences create problems of compatibility.
But to create a license with the purpose of being discriminatory is
another matter (and I don't think the licence text you provided manages
to achieve that; it's just creating another incompatible licence with
conditions hard to respect that could indeed make life hard for a lot of
people, including those you want to make life hard)

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Re: a Free Platform License?

2011-11-29 Thread Bernhard R. Link
* Hugo Roy h...@fsfe.org [29 16:05]:
  Which is a restriction on running the software. The GPL has no
  restriction on running, it has only restrictions on distribution.
  What good is it that I am allowed to share modifications to software
  if I am not allowed to run it?

 I don't understand what is the restriction on running the software.

Say I have a blog, that is created by some software. Assume that
software contains AGPL code. Am I allowed to run a server that only
serves my blog without paying for anything or anyone else?
With AGPL the answer is no. Thus I consider it non-free.

Bernhard R. Link


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Re: a Free Platform License?

2011-11-29 Thread Hugo Roy
Le mardi 29 novembre 2011 à 17:38 +0100, Bernhard R. Link a écrit :
 Say I have a blog, that is created by some software. Assume that
 software contains AGPL code. Am I allowed to run a server that only
 serves my blog without paying for anything or anyone else?
 With AGPL the answer is no. Thus I consider it non-free. 

Yes, first because you have not modified the AGPL software. But even if
you did modify it, and even if your blog supports the remote network
interaction all you have to do is to offer to provide source code. For
instance, see section 6 d) or e).
-- 
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business and society. Become a Fellow http://www.fsfe.org/join 

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Re: a Free Platform License?

2011-11-29 Thread Clark C. Evans
On Mon, 28 Nov 2011 10:25 PM, Francesco Poli wrote:

 On Mon, 28 Nov 2011 16:11:29 + Simon McVittie wrote:
  The tl:dr version: just use the GPL, or the AGPL if you must.

 My summary is somewhat similar: please just use the GNU GPL, 
 and nothing more restrictive than that (I don't think the 
 GNU AfferoGPL v3 meets the DFSG, so please avoid that 
 license, as well).  

Francesco has made a compelling case against including 
the Affero terms as part of the Free Platform License.
So, let's assume that the proposed license is derived
from the GPLv3 and doesn't not have restrictions on use;
I'll provide an revision of the proposed license text
later this week.

...

I suppose there are many grounds for dismissing this 
license and I'm not sure where I stand.  Here are the 
reasons as I've been able to ascertain.

License Proliferation: I think that this license is 
substantially different in its effects than existing
licenses and is written in a generic manner.  

Conflicts with GPL: Unfortunate as it may be, it is
not a reason to reject the proposal.  Lots of licenses 
conflict with various GPL versions and there are known 
techniques for handling these conflicts.  By using GPLv3
text as a basis, it will be compatible with the bulk
of non-copyleft licenses.

Adoption Problems: I think you can't say this license
wouldn't be popular.  I know many developers who dislike
when their work is used in combination with proprietary
platforms so much that they'd engage more if their work
were exclusive to free platforms; and I know still others 
who would kill for an effective way to dual-license by 
charging for compatibility with proprietary platforms.

Practical Problems: I think the license would provide a
very practical effect; it'd be far harder to make derived
works that rely upon specific platform features.  That
said, this probably needs a bit more exploration.

DFSG/Discrimination: This sort of license would treat
platform software in the same manner that the GPL treats 
proprietary libraries.  So, I think if there are problems 
here, the GPL shares those same issues.

Free Software Problems: I think this is a free software
license, and if it isn't, let's fix it.

Did I miss anything?  I'd prefer to continue this very
helpful discussion if those on debian-legal would be 
willing to continue to hear me out.  In particular, I 
don't understand the Practical Problems, so any thoughts 
on this would be especially delightful.

Best,

Clark


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Re: a Free Platform License?

2011-11-29 Thread Ben Finney
Clark C. Evans c...@clarkevans.com writes:

 Free Software Problems: I think this is a free software license, and
 if it isn't, let's fix it.

I think your desired effects for the license are not compatible with
software freedom, as discussed earlier.

 Did I miss anything? I'd prefer to continue this very helpful
 discussion if those on debian-legal would be willing to continue to
 hear me out.

I don't think this is the forum for hashing out a new license text. This
is a forum for discussing the legal effects of *works* in Debian.

So far, you only seem interested in writing a new license (which, even
if it were free, is something we strongly discourage). That's not a good
use of this forum. Please take it elsewhere.

-- 
 \  “My interest is in the future, as I am going to spend the rest |
  `\  of my life there.” —Charles F. Kettering |
_o__)  |
Ben Finney


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Re: a Free Platform License?

2011-11-28 Thread Simon McVittie
The tl:dr version: just use the GPL, or the AGPL if you must.

I don't think whether your license is DFSG-compliant is the important
issue here; I think the important issue is that your proposed license is
not well-understood, has practical problems, and is contributing to
license proliferation. (Thoughts on DFSG compliance later.)

By being a copyleft license with more restrictions than the GPL, I believe
your proposed license is non-GPL-compatible. This isn't necessarily a barrier
to DFSG compliance, but it's a major practical problem. You can't use
GPL'd libraries in a non-GPL-compatible but copyleft work, and libraries
under weak-copyleft licenses like the LGPL - particularly version 2, less
so for version 3 - can give you subtle licensing interactions that are
difficult to disentangle.

I for one would be reluctant to contribute significantly to a package under
the license you propose; I'm already somewhat concerned about the AGPL,
which raises some interesting practical problems (particularly if parts
of an AGPL webapp are re-used in something that isn't a webapp).

On Mon, 28 Nov 2011 at 10:00:05 -0500, Clark C. Evans wrote:
 The work in question is a complete medical informatics system.
 It is written in Python, requires PostgreSQL and is typically 
 deployed on FreeBSD.

Suppose you'd licensed this under the (A?)GPL. I don't know much about
medical informatics, but it seems to me that the options for a potential
user of this software (a medical practitioner?), in increasing order of
Free-ness, would be:

(A) pay for a proprietary medical informatics system and run it on
a proprietary (or perhaps even Free) OS;

(B) fork your system (since presumably you're not making much effort to be
portable to Windows or Mac OS X), or a competing Free system if there is
one, and port it to Windows or Mac OS X;

(C) run your system, or a competing Free system, on a Free OS.

The only thing you seem to be trying to prevent is that someone does option
(B) using your system. If a proprietary OS doesn't have some sort of benefit
to them (perhaps just familiarity, perhaps they need to run something
else on that computer that requires a proprietary OS, or perhaps there's some
misguided government/regulatory requirement that they use a proprietary OS),
they'd do (C) regardless of your license, rather than going to the considerable
effort involved in (B).

Is your system really sufficiently far ahead of its proprietary competitors
that you think a medical practitioner with such a strong preference or
requirement for a proprietary OS would prefer (C) over (A)?

(Of course, if you have Free competitors with a more normal license, the
second choice for a user with a proprietary OS is easy - use the competing
Free system instead.)

Some interesting corner cases for you to think about:

* If your software is ported to run on Wine, an LGPL implementation of the
  Windows API, is that a free platform? (How could it not be, given that
  its license is the same as glibc?) If it turns out the same binaries run
  correctly on a Windows machine, have you achieved anything by using this
  license, apart from annoying your users?

* If your software is ported to run on GNUstep on Darwin, is that a free
  platform? If it turns out the same binaries run correctly on Mac OS X,
  have you achieved anything by using this license?

* If I run your software in a FreeBSD or Linux virtual machine (e.g.
  VMWare or VirtualBox) on a Windows host, is that allowed? Why/why not?

* A PC running your software has a non-free BIOS, and runs FreeBSD with
  binary-only drivers (nVidia!). Is that allowed? Why/why not?
  What if the binary-only drivers are needed to boot (network card firmware)?

Since I promised I'd mention DFSG-compliance-or-not: some debian-legal
regulars disagree with the ftpmasters' decision to allow AGPL software
into Debian. I personally think the AGPL is a Free license, but one with
significant practical problems.

S


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Re: a Free Platform License?

2011-11-28 Thread Hugo Roy
(on the Free platform license, I agree with you)

Le lundi 28 novembre 2011 à 16:11 +, Simon McVittie a écrit :
 I for one would be reluctant to contribute significantly to a package under
 the license you propose; I'm already somewhat concerned about the AGPL,
 which raises some interesting practical problems (particularly if parts
 of an AGPL webapp are re-used in something that isn't a webapp).

It is stipulated in the AGPL that the specific requirement under section
13 apply only if the version of the program supports such
interaction (typically a webapp user interaction) so if it's not a
webapp I don't think it is the case; then it makes no difference if it's
GPLv3 or AGPLv3.

 Since I promised I'd mention DFSG-compliance-or-not: some debian-legal
 regulars disagree with the ftpmasters' decision to allow AGPL software
 into Debian. I personally think the AGPL is a Free license, but one with
 significant practical problems.
 

I'm quite new on this list, can you point us to the rationale behind the
debate?

Thanks,
Hugo
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Re: a Free Platform License?

2011-11-28 Thread Osamu Aoki
On Mon, Nov 28, 2011 at 10:00:05AM -0500, Clark C. Evans wrote:
  To improve signal-to-noise ratio, we far prefer discussion in this forum
  to be on *actual* works with *actual* license terms.

...
 
   The System Libraries of an executable work include anything, other
 than the work as a whole, that (a) is included in the normal form of
 packaging a Major Component, but which is not part of that Major
 Component, and (b) serves only to enable use of the work with that
 Major Component, or to implement a Standard Interface for which an
 implementation is available to the public in source code form.  A
 Major Component, in this context, means a major essential component
 (kernel, window system, and so on) of the specific operating system
 (if any) on which the executable work runs, or a compiler used to
 produce the work, or an object code interpreter used to run it.

This definition of Major Component may include non-free binary blob in
non-free kernel modules.  For example, ethernel device driver, HDD RAID
driver, 3D Video driver, ...

   The Corresponding Source for a work in object code form means all
 the source code needed to generate, install, and (for an executable
 work) run the object code and to modify the work, including scripts to
 control those activities.  This *additionally includes* the work's
 System Libraries, or general-purpose tools or generally available free
 programs which are used unmodified in performing those activities but
 which are not part of the work.  For example, Corresponding Source
 includes interface definition files associated with source files for
 the work, and the source code for shared libraries and dynamically
 linked subprograms that the work is specifically designed to require,
 such as by intimate data communication or control flow between those
 subprograms and other parts of the work.  The Corresponding Source
 also includes the source code for all major components of the specific
 operating system which the executable work runs, is compiled on,
 or interpreted with.  This includes any processor, storage, network,
 or display software required by the application for its operation. 

Are you sure if a user uses PC with non-free NVIDIA driver as a major
component, you request this?  If this is your intention ... Or you allow
them as long as they use GNU/Linux.

Hmmm,,, I do not know why major components here uses lower case.  This
case differentiation trick is typical lawyer thing which is always
tricky.

   The Corresponding Source need not include anything that users
 can regenerate automatically from other parts of the Corresponding
 Source.
 
   The Corresponding Source for a work in source code form is that
 same work.


I did not read much in detail but just a simple observation on Major.

Osamu


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Re: a Free Platform License?

2011-11-28 Thread Francesco Poli
On Mon, 28 Nov 2011 16:11:29 + Simon McVittie wrote:

 The tl:dr version: just use the GPL, or the AGPL if you must.

My summary is somewhat similar: please just use the GNU GPL, and
nothing more restrictive than that (I don't think the GNU AfferoGPL v3
meets the DFSG, so please avoid that license, as well).  

 
 I don't think whether your license is DFSG-compliant is the important
 issue here;

At least, not the only important issue...

 I think the important issue is that your proposed license is
 not well-understood, has practical problems, and is contributing to
 license proliferation. (Thoughts on DFSG compliance later.)

I agree that the proposed license has all these flaws.

 
 By being a copyleft license with more restrictions than the GPL, I believe
 your proposed license is non-GPL-compatible.

So do I.

[...]
 I for one would be reluctant to contribute significantly to a package under
 the license you propose;

I would also try hard to stay as away as possible from such a license.

 I'm already somewhat concerned about the AGPL,
 which raises some interesting practical problems (particularly if parts
 of an AGPL webapp are re-used in something that isn't a webapp).

I personally have major concerns about the GNU AfferoGPL v3, see below.

[...]
 Since I promised I'd mention DFSG-compliance-or-not: some debian-legal
 regulars disagree with the ftpmasters' decision to allow AGPL software
 into Debian.

Hello everybody! I am one of those debian-legal regulars!
If someone is interested in the details, please take a look at
http://lists.debian.org/debian-legal/2007/11/msg00233.html
http://bugs.debian.org/495721#28


 I personally think the AGPL is a Free license, but one with
 significant practical problems.

I definitely see significant practical problems in the GNU AfferoGPL
v3, but I also see some terms that fail to comply with the DFSG.


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Re: a Free Platform License?

2011-11-28 Thread Clark C. Evans
On Tuesday, November 29, 2011 1:35 AM, Osamu Aoki os...@debian.org
wrote:
 This definition of Major Component may include non-free binary blob in
 non-free kernel modules.  For example, ethernel device driver, HDD RAID
 driver, 3D Video driver, ...

If the work requires a particular non-free system library or 
driver or binary blob for its operation, then distribution 
would be restricted.  However, everything needed to build 
convey binary distribution from preferred sources is free 
and if the final work operates on an entirely free platform, 
then the distribution criteria would be met.

 Are you sure if a user uses PC with non-free NVIDIA driver as a major
 component, you request this?  If this is your intention ... Or you allow
 them as long as they use GNU/Linux.

For a free software license, how the user chooses to operate the 
work, on what hardware and on what platform isn't a concern.

On Monday, November 28, 2011 4:11 PM, Simon McVittie s...@debian.org
wrote:
 By being a copyleft license with more restrictions than the GPL,
 I believe your proposed license is non-GPL-compatible.  This isn't 
 necessarily a barrier to DFSG compliance, but it's a major practical 
 problem. 

Yes, I agree it's a practical problem.  I also think your comments
are accurate.  I'm not sure I agree with your conclusion, I need 
a bit more time to digest your thoughtful analysis.

 Some interesting corner cases for you to think about:
 
 * If your software is ported to run on Wine, an LGPL implementation of
   the  Windows API, is that a free platform? (How could it not be, 
   given that its license is the same as glibc?) If it turns out the 
   same binaries run correctly on a Windows machine, have you achieved 
   anything by using this license, apart from annoying your users?
 * If your software is ported to run on GNUstep on Darwin, is that a free
   platform? If it turns out the same binaries run correctly on Mac OS X,
   have you achieved anything by using this license?

Yes.  Quite a bit actually.  We've ensured that any derived works 
will build and operate on a free platform and won't require a 
proprietary operating system for these purposes.  

Even so, would this be practical?  You couldn't just get away 
with packaging the software in a emulated environment, you'd 
have to ensure that it operates there as you expect; otherwise,
you'd be in violation.  Imagine a bug report comes in for 
a specific version of a platform due to a defect in the 
system library.  To develop an application-level work-around 
for this bug, you'd first have to ensure that your emulation 
environment also has this defect.

I guess to be absolutely clear about this, the license should
define the idea of preferred platform and require that this
platform be free software.

 * If I run your software in a FreeBSD or Linux virtual machine (e.g.
   VMWare or VirtualBox) on a Windows host, is that allowed? Why/why not?
 * A PC running your software has a non-free BIOS, and runs FreeBSD with
   binary-only drivers (nVidia!). Is that allowed? Why/why not?
   What if the binary-only drivers are needed to boot (network card
   firmware)?

How a user wishes to use a copy of the work in the privacy of
their own organization is not the subject of the license.  

I think the virtual hardware emulation layer may be a great
way to think about it.  Perhaps the best test for compliance 
of a distribution is if you can build and deploy the work in
an emulated environment (say KVM) running only free software.

(out-of-sequence)

 I don't think whether your license is DFSG-compliant is the 
 important issue here;

I do.  If Debian, on general principle is opposed to any
license that would discriminate based upon platform, then 
this determination effectively eliminates further discussion.

So far in this thread, there have been several comments
that lead me to believe that even if this license may be
considered free software, it would not be DFSG compliant.

On  November 24, David Prévot taf...@debian.org wrote:
 If you're looking for a license that discriminate against 
 [a] group of persons [DGSG5], such as proprietary platforms 
 users, that's not going happen in Debian.

On November 26, Ben Finney ben+deb...@benfinney.id.au wrote:
 Discriminate against proprietary platforms seems to 
 necessarily entail discriminating against a field of use 
 for the work, which violates an essential freedom for the 
 recipient of the work.

On November 26, Hugo Roy h...@fsfe.org wrote:
  This license should prevent distributions which 
  specifically target a proprietary platform. 
 
 No, you don't want to prevent distributions, that would 
 be like taking away the freedom to distribute copies to 
 specific people. That would not be free.

I think the origin for this line thinking resides with 
DFSG/OSI non-discrimination clauses and has very little
do to with RMS's definition of free software.

For example, let's consider a case to which the GPL 
license is found 

Re: a Free Platform License?

2011-11-28 Thread Bernhard R. Link
* Hugo Roy h...@fsfe.org [28 17:31]:
  Since I promised I'd mention DFSG-compliance-or-not: some debian-legal
  regulars disagree with the ftpmasters' decision to allow AGPL software
  into Debian. I personally think the AGPL is a Free license, but one with
  significant practical problems.

 I'm quite new on this list, can you point us to the rationale behind the
 debate?

The question is what does Notwithstanding any other provision of this
License, if you modify the Program, your modified version must
prominently offer all users interacting with it remotely through a
computer network (if your version supports such interaction) an
opportunity to receive the Corresponding Source of your version by
providing access to the Corresponding Source from a network server at no
charge, through some standard or customary means of facilitating copying
of software. mean?

Either it means you are restricted how you run your computer.
But forbidding firewalls or proxies filtering out unwanted things (like
including any access to the source code of the application) is hopefully
clearly absolutely non-free.
(Even most commercial EULAs are more free than that).

Or it does not restrict how you run your computer then this is a severe
limitation on modification not having any positive effect to justify it.

Bernhard R. Link


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Re: a Free Platform License?

2011-11-28 Thread Hugo Roy
Le lundi 28 novembre 2011 à 16:19 -0500, Clark C. Evans a écrit :
 On November 26, Hugo Roy h...@fsfe.org wrote:
   This license should prevent distributions which 
   specifically target a proprietary platform. 
  
  No, you don't want to prevent distributions, that would 
  be like taking away the freedom to distribute copies to 
  specific people. That would not be free.
 
 I think the origin for this line thinking resides with 
 DFSG/OSI non-discrimination clauses and has very little
 do to with RMS's definition of free software. 

I am talking of the freedom to distribute copies of the program. If you
restrict that freedom to specific people that is clearly not free
software, and that is totally consistent with RMS' definition as well.

 1. Lisa is a Free Software developer who releases 
her data visualization toolkit, Super Visual, 
under the GPL license.
 
 2. John is a Proprietary developer from the planet 
Atlantis who publishes a closed source, but 
*freely redistributable* data processing library 
for Underwater Basket Weaving.

Of course not. They don't have copyright laws in Atlantis! :)

 3. Zeek is an Atlantian, weaver  software programmer
who creates a novel program he calls Deepwater 
Basket, tightly integrating Lisa's GPL data 
visualization tool with Jon's non-free,

tightly integrating looks like it's a derivative work. I don't think
this is possible. Both would have to be under GPL terms. (That's not a
discrimination!)

  but 
freely-distributable processing library that 
everyone, I mean everyone uses.  Zeek wants to 
share like Lisa, so he puts his work under the GPL.

He can't put his work under the GPL… and this is true to anybody. He
cannot publish his modifications because he cannot put John's non-free
under the GPL.

 4. Samantha is also a basket weaver, a very important
activity on the planet Atlantis, and she really 
wants to refine her underwater techniques and 
hence is very interested in obtaining a copy of 
Zeek's Deepwater Basket.


 Hence, we have to 
 conclude that by preventing distribution of this
 Deepwater Basket software, the GPL license is 
 a non-free license in disguise that viciously 
 discriminates against a field of endeavor, 
 Underwater Basket Weaving, and especially those 
 unfortunate souls on the planet Atlantis.

The GPL isn't preventing distribution. If the GPL was preventing
distribution, it would mean in the first place that Zeek has a legal
right to distribute a work of authorship. This right comes from
copyright (in the US), but in this precise example it would be a either:
 * a violation of copyright (John's copyright) if you pretend it's
under GPL (or GPL-compatible license)
 * a violation of the GNU GPL (Lisa's copyright) if you distribute with
the non-free library

There are no discrimination by the GPL: nobody is allowed to get this
program, because Zeek has no right under John's license to publish any
derivative work. That's where the non-free comes from; not the GPL.
-- 
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  French Coordinator   mobile: +33.6 0874 1341

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Re: a Free Platform License?

2011-11-28 Thread Hugo Roy
Le lundi 28 novembre 2011 à 22:48 +0100, Bernhard R. Link a écrit :
 Either it means you are restricted how you run your computer.
 But forbidding firewalls or proxies filtering out unwanted things
 (like including any access to the source code of the application) is
 hopefully clearly absolutely non-free.
 (Even most commercial EULAs are more free than that).

I don't get the link between AGPL and restrictions on firewalls and
proxies. As soon as your version of the software provides for remote
network interaction, you must offer a way for them to get the source
code (in a way consistent with the rest of the license, which is exactly
the same as the GPL). It doesn't care if the interaction is behind
firewalls etc., it doesn't care either about access to the source code,
it can be behind firewalls or whatever.

 Or it does not restrict how you run your computer then this is a
 severe limitation on modification not having any positive effect to
 justify it.

Why does it limit modification? You can make any modification you like,
it just means you'll have to publish them. And yes, there is a positive
effect to justify it: the software is used by a lot of other people!
they are entitled to those modifications, like just any other copylefted
program.

Anyway, what I am looking for is more specific:

  Since I promised I'd mention DFSG-compliance-or-not: some
  debian-legal regulars disagree with the ftpmasters' decision to
  allow AGPL software into Debian. I personally think the AGPL is a
  Free license, but one with significant practical problems.
 
 I'm quite new on this list, can you point us to the rationale behind
 the debate?

Thanks,
-- 
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  French Coordinator   mobile: +33.6 0874 1341

The Free Software Foundation Europe works to create general
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business and society. Become a Fellow http://www.fsfe.org/join 

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Re: a Free Platform License?

2011-11-26 Thread Ben Finney
Clark C. Evans c...@clarkevans.com writes:

  If you could prepare the work you're interested in packaging, and
  the actual set of license terms, the discussion could get more
  concrete.

 I'm asking something fairly concrete here already:

 | Would Debian consider a Free Platform License (FPL) derived from
 | the AGPLv3, but with the System Library exception removed (as well
 | as the GNU specific prologue)?

 Reducing this to an actual license text is quite a bit of effort --
 especially if it weren't considered.

Nevertheless, that burden is on whoever wants to present a work for
consideration.

You're not going to get a general ruling on general terms in the absence
of an actual work with actual terms – partly because we don't do rulings
here, and partly because the legal codes make it too difficult to talk
in generalities.

To improve signal-to-noise ratio, we far prefer discussion in this forum
to be on *actual* works with *actual* license terms.

-- 
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  `\others of exclusive property, it is the action of the thinking |
_o__)  power called an idea” —Thomas Jefferson, 1813-08-13 |
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Re: a Free Platform License?

2011-11-25 Thread Hugo Roy
Le vendredi 25 novembre 2011 à 12:04 -0500, Clark C. Evans a écrit :
  If you mean “restrict the recipient of the work so they are 
  not permitted to use the work on proprietary platforms”, that 
  is clearly a non-free restriction.
 
 I understand that it's traditional for Free Software to impose
 restrictions primarily as a condition of distribution;

Exactly, they're conditions but not restrictions. And it really seems
that what you're looking to impose with the license are restrictions
that discriminate. I hardly see how such a licensed software could be
free software.

When you license with conditions (such as copyleft), you say: here's my
copyrighted work, you're free to use and modify it as long as you do
this and that. That is very different from: here's my copyrighted work,
you're free to use and modify but only on such platforms.

In the first case, the licensee is just required to do things, in the
latter case, the licensee is forbidden to do things. 

It's a bit like a non-commercial restriction, or an academic-only
restriction. And those are clearly considered non-free.

It looks like what you're trying to do isn't a license with
restrictions, but a license with a broader condition than the GPL's
copyleft. I think it would be hard to come up with such a license that'd
be effective (first because of the constraints of copyright law, second
because the line between condition and restrictions would be very easily
crossed).

 Personally, if I were addressing this in a vacuum, I'd release
 with a BSD style license having a one line clause that restricts 
 usage to only free  open platforms.  This would accomplish my 
 objective in a clear, if naive manner.  However, I realize that
 this licensing approach is unacceptable to many here and hence
 wouldn't be accepted by Debian (would it be OK in non-free?).

How would you define free  open platforms then? And if that's in
non-free, it means your program wouldn't be part of that free  open
platform. Which means your license would isolate your program of any
growing community of other programs (because they couldn't be based on
your program because it's not part of the free  open platforms
category).

 All that said, I did write exactly what I meant:
 
 | Would Debian consider a Free Platform License (FPL) derived 
 | from the AGPLv3, but with the System Library exception 
 | removed (as well as the GNU specific prologue)?

How's removing the exception effective in what you are trying to
achieve? People can install a free system library on a proprietary
platform and then software licensed as such (gplv3 minus system library
exception) could link to it, but installed on a proprietary platform,
which fails at doing what you're trying to do.

In the end, I am really not sure a license is what's needed to make free
software operating systems grow (and I am also not sure yet another
license is needed at all. Copyleft is already essential to achieve
that).

Best regards
Hugo

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Re: a Free Platform License?

2011-11-25 Thread Clark C. Evans
On Saturday, November 26, 2011 2:59 AM, Hugo Roy h...@fsfe.org
wrote:
 Le vendredi 25 novembre 2011 à 12:04 -0500, Clark C. Evans a écrit :
  I understand that it's traditional for Free Software to impose
  restrictions primarily as a condition of distribution;
 
 Exactly, they're conditions but not restrictions. And it really seems
 that what you're looking to impose with the license are restrictions
 that discriminate. I hardly see how such a licensed software could be
 free software.

If a condition isn't satisfiable, there's no difference.
For example, the GPL restricts the distribution of derived 
works that would include proprietary (non-free) components.  

  | Would Debian consider a Free Platform License (FPL) derived 
  | from the AGPLv3, but with the System Library exception 
  | removed (as well as the GNU specific prologue)?
 
 How's removing the exception effective in what you are 
 trying to achieve? 

This license should prevent distributions which specifically 
target a proprietary platform.  While it would not directly 
prevent usage of the software on a proprietary platform -- it 
could hinder it in a practical manner.

Consider this license would include System Libraries as part
of the Corresponding Source (rather than excepting it).  In
this case, those who package the software are creating a
modified version.  As such, the system libraries it is packaged
to use must also be licensed under this or a compatible
license.  The Debian distribution would meet these conditions,
proprietary platform distributions won't.

For a C language program that must be linked to msvcrt.dll, 
the distribution condition is pretty much fatal.  It'd require
users compile their own copy of the program for private use.

For interpreted languages, such as Python or Ruby, this sort
of license may be less effective since the typical package 
files are platform independent.  If a platform installer was 
created, for example one that included a runtime engine 
compiled for a given platform, it'd be restricted.

Overall, I think the added encumbrance to distribution 
might be sufficient to provide an effective discrimination
while still remaining free software.

 People can install a free system library on a proprietary
 platform and then software licensed as such (GPLv3 minus 
 system library exception) could link to it, but installed 
 on a proprietary platform, which fails at doing what you're 
 trying to do.

I'm not sure what case you're outlining here. 

 In the end, I am really not sure a license is what's needed 
 to make free software operating systems grow (and I am also 
 not sure yet another license is needed at all. Copyleft is 
 already essential to achieve that).

Thank you for your time Hugo.

Best,

Clark


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Re: a Free Platform License?

2011-11-25 Thread Clark C. Evans
  I'm looking for a license that discriminates against proprietary
  platforms. I'm open to any specific effects that may do this, subject,
  of course, to what is consistent with Debian's values.
 
 I'm pretty sure that the above stated intention is not compatible 
 with software freedom.

By design, copyleft discriminates against proprietary software.  
It just happens that the GPL has an exception for system libraries 
so that it doesn't discriminate against platforms (a specific kind 
of proprietary software).  Just because this exception exists in 
the GPL doesn't mean that it is necessary requirement for being 
considered free software.  Is it?

 Discriminate against proprietary platforms seems to necessarily
 entail discriminating against a field of use for the work, which 
 violates an essential freedom for the recipient of the work.

I don't understand how discriminating against a given software 
component licensed in a particular way would necessarily entail 
discriminating against a field-of-use, group of users, etc.
They seem quite orthogonal concerns to me.

 If you could prepare the work you're interested in packaging, 
 and the actual set of license terms, the discussion could 
 get more concrete.

I'm asking something fairly concrete here already:

| Would Debian consider a Free Platform License (FPL) derived 
| from the AGPLv3, but with the System Library exception 
| removed (as well as the GNU specific prologue)?

Reducing this to an actual license text is quite a bit of
effort -- especially if it weren't considered. 

Best,

Clark


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a Free Platform License?

2011-11-24 Thread Clark C. Evans
I'm looking for a software license, which Debian would
support, that actively encourages use of free platforms;
and consequently restricts proprietary platforms. 

While GNU/Linux is the dominant server operating system,
it lags on the desktop.  Many of my colleagues who were
just a few years ago running GNU/Linux on their laptop
have switched over to OSX for pragmatic reasons: to
avoid hardware device issues and to be compatible with
applications that the business folk use.  Why don't
laptop vendors support GNU/Linux operating systems?  
Why do business apps still only work on OSX or Windows?

I think the issue isn't one of software quality, or
effort, or tech people just not getting design.  I
think the difficulty is how we license our software.

Free and open source software can be used without
restriction on proprietary platforms, yet, the reverse
isn't true.  If a open source application is useful
enough, it'll be ported to Windows or OSX.  As a result,
proprietary operating systems have all the goodness we
provide -- plus proprietary stuff we don't.

A platform's primary value isn't intrinsic.  Instead, it
is proportional to the platform's user base, which has a
virtuous cycle with the applications and services that
are available for this platform. 

Here's the rub.  When a free and open source application
is ported to a proprietary platform with a higher user
base, perhaps it brings higher value to that platform
than it does to the free platform it was developed with.
At the very least, a port neutralizes any relative
advantage the free platform might have had.

I think historically this was a very fine trade-off since
there was much free software to be written and the best
way to get new users was to write software that operates
on the platforms they were using.  However, is this the
right approach going forward?

...

Would Debian consider a Free Platform License (FPL) derived 
from the AGPLv3, but with the System Library exception 
removed (as well as the GNU specific prologue) [1]?

Perhaps more importantly, would a license such as this
actually promote free platforms in a manner that could
be somewhat enforceable?  I'm thinking for example of a
Python or Ruby application.  Would a Windows specific 
installer be permitted?

Thank you kindly for your thoughts.

Best,

Clark

[1] I'd like to thank RMS for his very helpful feedback.


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Re: a Free Platform License?

2011-11-24 Thread Ben Finney
Clark C. Evans c...@clarkevans.com writes:

 I'm looking for a software license, which Debian would support, that
 actively encourages use of free platforms; and consequently restricts
 proprietary platforms.

It's not clear from the rest of your message what you mean by “restrict
proprietary platforms”. Your message is unclear on the specific effects
you want from a license.

If you mean “restrict the recipient of the work so they are not
permitted to use the work on proprietary platforms”, that is clearly
a non-free restriction.

-- 
 \ “When I turned two I was really anxious, because I'd doubled my |
  `\   age in a year. I thought, if this keeps up, by the time I'm six |
_o__)  I'll be ninety.” —Steven Wright |
Ben Finney


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