Re: Why not to create Fedora-us and Fedora-non-us branches?

2009-06-01 Thread Max Spevack

On Sun, 31 May 2009, Rahul Sundaram wrote:


I don't see it recorded in

https://fedoraproject.org/wiki/Trademark_licensees

It doesn't fit the trademark guidelines either. While Red Hat can 
legally grant a license to anyone and doesn't have to abide by the 
guidelines, I would expect it to do so nevertheless. So why a special 
exception for Russian Fedora?


There shouldn't be a special case, and it's possible that Red Hat's 
distributor in Russia may have granted some sort of permision that (a) 
it shouldn't have, and (b) it didn't even have the authority to grant.


The Russian-specific portions of this thread seem to have moved over 
here, where I responded to a similar thread.


http://www.redhat.com/archives/fedora-ambassadors-list/2009-June/msg0.html

--Max

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Re: Why not to create Fedora-us and Fedora-non-us branches?

2009-05-31 Thread Pavel Alexeev (aka Pahan-Hubbitus)

Stephen Gallagher wrote:
  Is there a reason that an interested party (in a locale where such

export is legal) couldn't just create a custom spin on their own (and
using their own build system) to create a Fedora-T6 spin (or for
trademark reasons, rebrand it)? I can see this being a perfectly good
premise for setting up a SIG...


I thing such regional spins exists now. For example RussianFedora in 
Russian [1]. It includes mp3 codec and many other, because Russia do not 
 admit software patents.


Furthermore, it is not just illegal spin, [2] cite:
At a key meeting with Werner Knoblich, Red Hat Vice President for EMEA, 
he announced support for a Russian Fedora association and for Red Hat 
development in the Russian Federation. He also expressed support for 
open source infrastructure and applications, and the development of a 
repository for industry best practice.

[snip]
Both Red Hat and VDEL, the organizers of Russian Fedora projects, will 
provide this center with financial and technological support and also 
help to build the wider local and international IT industry network 
needed for this Ministry initiative

=end cite=

So, it is inspired by RedHat and it is not set any barrier to ship it 
with software what prohibited in main Fedora!


So, back to main question - this is example of Europe-based 
infrastructure. On that any who wish may build self own spins as I think.


[1] http://russianfedora.ru/
[2] http://www.osldistribution.com/news (second news)

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Re: Why not to create Fedora-us and Fedora-non-us branches?

2009-05-31 Thread Alexey Torkhov
On Sun, 2009-05-31 at 16:58 +0530, Rahul Sundaram wrote:
 On 05/31/2009 03:52 PM, Pavel Alexeev (aka Pahan-Hubbitus) wrote:
  Stephen Gallagher wrote:
Is there a reason that an interested party (in a locale where such
  export is legal) couldn't just create a custom spin on their own (and
  using their own build system) to create a Fedora-T6 spin (or for
  trademark reasons, rebrand it)? I can see this being a perfectly good
  premise for setting up a SIG...
  
  I thing such regional spins exists now. For example RussianFedora in
  Russian [1]. It includes mp3 codec and many other, because Russia do not
   admit software patents.
  
  Furthermore, it is not just illegal spin, 
 
 I don't know about illegal but the name Russian Fedora is a violation
 of the Fedora trademark guidelines, clearly.

Usage of trademark was granted to Russian Fedora by agreement between
Red Hat and other company that represent it here, AFAIK.
Max Spevack was on presentation on Russian Fedora launch.

Alexey

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Re: Why not to create Fedora-us and Fedora-non-us branches?

2009-05-31 Thread Rahul Sundaram
On 05/31/2009 05:24 PM, Alexey Torkhov wrote:
 On Sun, 2009-05-31 at 16:58 +0530, Rahul Sundaram wrote:

 
 Usage of trademark was granted to Russian Fedora by agreement between
 Red Hat and other company that represent it here, AFAIK.
 Max Spevack was on presentation on Russian Fedora launch.

I don't see it recorded in

https://fedoraproject.org/wiki/Trademark_licensees

It doesn't fit the trademark guidelines either. While Red Hat can
legally grant a license to anyone and doesn't have to abide by the
guidelines, I would expect it to do so nevertheless. So why a special
exception for Russian Fedora?

Rahul

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Re: Why not to create Fedora-us and Fedora-non-us branches?

2009-05-31 Thread Alexey Torkhov
On Sun, 2009-05-31 at 17:33 +0530, Rahul Sundaram wrote:
 On 05/31/2009 05:24 PM, Alexey Torkhov wrote:
  On Sun, 2009-05-31 at 16:58 +0530, Rahul Sundaram wrote:
 
  
  Usage of trademark was granted to Russian Fedora by agreement between
  Red Hat and other company that represent it here, AFAIK.
  Max Spevack was on presentation on Russian Fedora launch.
 
 I don't see it recorded in
 
 https://fedoraproject.org/wiki/Trademark_licensees
 
 It doesn't fit the trademark guidelines either. While Red Hat can
 legally grant a license to anyone and doesn't have to abide by the
 guidelines, I would expect it to do so nevertheless. So why a special
 exception for Russian Fedora?

I don't know the details of an agreement, ask legal team for that.

Alexey

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Re: Why not to create Fedora-us and Fedora-non-us branches?

2009-05-31 Thread Rahul Sundaram
On 05/31/2009 05:48 PM, Alexey Torkhov wrote:
 On Sun, 2009-05-31 at 17:33 +0530, Rahul Sundaram wrote:
 On 05/31/2009 05:24 PM, Alexey Torkhov wrote:
 On Sun, 2009-05-31 at 16:58 +0530, Rahul Sundaram wrote:


 Usage of trademark was granted to Russian Fedora by agreement between
 Red Hat and other company that represent it here, AFAIK.
 Max Spevack was on presentation on Russian Fedora launch.

 I don't see it recorded in

 https://fedoraproject.org/wiki/Trademark_licensees

 It doesn't fit the trademark guidelines either. While Red Hat can
 legally grant a license to anyone and doesn't have to abide by the
 guidelines, I would expect it to do so nevertheless. So why a special
 exception for Russian Fedora?
 
 I don't know the details of an agreement, ask legal team for that.

I don't need to know the details of the agreement. If any such agreement
exists, it should follow the trademark guidelines that Fedora set for
rest of the community and not be given special exceptions. Can the
Fedora Board look into this?

Rahul

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Re: Why not to create Fedora-us and Fedora-non-us branches?

2009-05-31 Thread Pavel Alexeev (aka Pahan-Hubbitus)

Rahul Sundaram wrote:

On 05/31/2009 05:24 PM, Alexey Torkhov wrote:

On Sun, 2009-05-31 at 16:58 +0530, Rahul Sundaram wrote:



Usage of trademark was granted to Russian Fedora by agreement between
Red Hat and other company that represent it here, AFAIK.
Max Spevack was on presentation on Russian Fedora launch.


I don't see it recorded in

https://fedoraproject.org/wiki/Trademark_licensees

It doesn't fit the trademark guidelines either. While Red Hat can
legally grant a license to anyone and doesn't have to abide by the
guidelines, I would expect it to do so nevertheless. So why a special
exception for Russian Fedora?

Rahul


I also do not known details of legal, but may be just contact RedHat and 
add domains russianfedora.ru and russianfedora.com to the list 
https://fedoraproject.org/wiki/Trademark_licensees ?


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Re: Why not to create Fedora-us and Fedora-non-us branches?

2009-05-27 Thread Matej Cepl
Tom Lane, Tue, 26 May 2009 19:00:19 -0400:
 Unless everyone working on Fedora *moves* to the Isle of Man (and
 obtains citizenship there), I don't think this sort of maneuver keeps us
 out of trouble anyway.  Realistically we all have to worry about the
 laws of wherever we live.  So as long as a significant fraction of
 Fedora contributors are in $country, $country laws will matter for
 Fedora.  (Repeat above statement for a rather long list of $country.)

Of course, I was joking and I think that clicking on one link on The Site 
Which I Rather Won't Call By Its Name and confirming that I want to 
install new repository is not that big deal.

Matěj

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Re: Why not to create Fedora-us and Fedora-non-us branches?

2009-05-27 Thread Gregory Maxwell
On Tue, May 26, 2009 at 3:17 PM, Frank Murphy frankl...@gmail.com wrote:
 Bill Nottingham wrote:

 Peter Lemenkov (lemen...@gmail.com) said:  ... what exactly are you trying
 to accomplish?

 Make it legal to ship MP3 code? Sorry, those are patented in Europe as
 well.



 Patents are *currently* illegal in Europe, (though they may be granted).
 The patents offices being self-funding and all that.

 http://en.wikipedia.org/wiki/Software_patents_under_the_European_Patent_Convention
 Article 52

Codec patents are generally not 'software patents' in the common
patent-speak meaning of the words.

A typical (well written) codec patent will make little or no mention
of computer software. Instead they speak of specific useful
transformations of information in mechanical terms as well as machine
embodiments. This puts them largely outside of the domain of what is
normally discussed in the content of software patents (which, have
recently been written abstractly without any real reference to any
machine or mechanical process).

The bulk of codec patent holders are European companies (I.e.
Fraunhofer, Nokia, etc).  The collection of royalties for codecs is a
multi-billion dollar a year industry.  There are many well funded
companies spending considerable amounts of money licensing codecs,
even on products which they only intend to market in Europe.  On that
basis, I think it's safe to conclude that there is more to the
situation than you are suggesting.

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Re: Why not to create Fedora-us and Fedora-non-us branches?

2009-05-27 Thread Jesse Keating
On Thu, 2009-05-28 at 00:17 +0200, Kevin Kofler wrote:
 Gregory Maxwell wrote:
  Codec patents are generally not 'software patents' in the common
  patent-speak meaning of the words.
 
 But they most likely cannot be enforced against pure software. However, in
 some European countries (e.g. Germany), you can get in trouble for shipping
 things like hardware MP3 players without a license (even if the MP3 codec
 is implemented in software), some devices got confiscated at CeBit.
 
 Kevin Kofler
 

Which leads to some fuzzyness, like what about a computer vendor selling
PCs with Fedora preloaded?  Does that constitute a hardware device?

-- 
Jesse Keating
Fedora -- Freedom² is a feature!
identi.ca: http://identi.ca/jkeating


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Re: Why not to create Fedora-us and Fedora-non-us branches?

2009-05-27 Thread Björn Persson
Gregory Maxwell wrote:
 On Tue, May 26, 2009 at 3:17 PM, Frank Murphy frankl...@gmail.com wrote:
  Patents are *currently* illegal in Europe, (though they may be granted).
  The patents offices being self-funding and all that.

 Codec patents are generally not 'software patents' in the common
 patent-speak meaning of the words.

Not if you ask the patent lawyers, no.

 The bulk of codec patent holders are European companies (I.e.
 Fraunhofer, Nokia, etc).  The collection of royalties for codecs is a
 multi-billion dollar a year industry.  There are many well funded
 companies spending considerable amounts of money licensing codecs,
 even on products which they only intend to market in Europe.  On that
 basis, I think it's safe to conclude that there is more to the
 situation than you are suggesting.

That's certainly true. None the less, Frank is right.

These patents *are* illegal, if you read what the convention and the national 
laws actually say, and yet they are granted by routine. Whether they would 
hold up in court doesn't matter much apparently. They are effective anyway.

Björn Persson


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Re: Why not to create Fedora-us and Fedora-non-us branches?

2009-05-26 Thread Bill Nottingham
Peter Lemenkov (lemen...@gmail.com) said: 
 Subj. As Debian folks did years ago. Such branching will be done very
 easy technically.

Because all the builds and composition is done in the US, and the trademarks
are held by a US entity.

Bill

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Re: Why not to create Fedora-us and Fedora-non-us branches?

2009-05-26 Thread Peter Lemenkov
2009/5/26 Bill Nottingham nott...@redhat.com:

 Subj. As Debian folks did years ago. Such branching will be done very
 easy technically.

 Because all the builds and composition is done in the US, and the trademarks
 are held by a US entity.

Not a serious reason. Why not to relocate then in Europe?


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Re: Why not to create Fedora-us and Fedora-non-us branches?

2009-05-26 Thread Jesse Keating
On Tue, 2009-05-26 at 21:10 +0400, Peter Lemenkov wrote:
 2009/5/26 Bill Nottingham nott...@redhat.com:
 
  Subj. As Debian folks did years ago. Such branching will be done very
  easy technically.
 
  Because all the builds and composition is done in the US, and the trademarks
  are held by a US entity.
 
 Not a serious reason. Why not to relocate then in Europe?
 
 
 -- 
 With best regards!
 

Find us a Company in Europe that is not based in the US that is willing
to fund with people and money as much as Red Hat is doing now.

Oh, Europe won't help much, there are just as many silly laws there as
there are in the US.

-- 
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Fedora -- Freedom² is a feature!
identi.ca: http://identi.ca/jkeating


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Re: Why not to create Fedora-us and Fedora-non-us branches?

2009-05-26 Thread Bill Nottingham
Peter Lemenkov (lemen...@gmail.com) said: 
  Subj. As Debian folks did years ago. Such branching will be done very
  easy technically.
 
  Because all the builds and composition is done in the US, and the trademarks
  are held by a US entity.
 
 Not a serious reason. Why not to relocate then in Europe?

... what exactly are you trying to accomplish?

Make it legal to ship MP3 code? Sorry, those are patented in Europe as well.

Make it so we can ship to various T-6 countries? I'm sure many European
countries have their own lists as well.

Bill

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Re: Why not to create Fedora-us and Fedora-non-us branches?

2009-05-26 Thread Stephen Gallagher
On 05/26/2009 01:25 PM, Jesse Keating wrote:
 On Tue, 2009-05-26 at 21:10 +0400, Peter Lemenkov wrote:
 2009/5/26 Bill Nottingham nott...@redhat.com:

 Subj. As Debian folks did years ago. Such branching will be done very
 easy technically.
 Because all the builds and composition is done in the US, and the trademarks
 are held by a US entity.
 Not a serious reason. Why not to relocate then in Europe?


 -- 
 With best regards!

 
 Find us a Company in Europe that is not based in the US that is willing
 to fund with people and money as much as Red Hat is doing now.
 
 Oh, Europe won't help much, there are just as many silly laws there as
 there are in the US.
 
 

Is there a reason that an interested party (in a locale where such
export is legal) couldn't just create a custom spin on their own (and
using their own build system) to create a Fedora-T6 spin (or for
trademark reasons, rebrand it)? I can see this being a perfectly good
premise for setting up a SIG...

-- 
Stephen Gallagher
RHCE 804006346421761

Looking to carve out IT costs?
www.redhat.com/carveoutcosts/



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Re: Why not to create Fedora-us and Fedora-non-us branches?

2009-05-26 Thread Kevin Kofler
Chris Weyl wrote:
 A US corporation is subject to US law no matter where it operates.  Sounds
 serious to me :)

I think the idea is to found a Fedora foundation outside of the US to own
Fedora instead of RH. The reason given for not creating a foundation was
that US tax laws are problematic, creating it outside of the US would mean
favorable tax laws could be chosen as well. That said, RH may still get
into trouble for contributory infringement, and with a non-US foundation,
RH may even get accused of tax evasion, so I'm not that surprised they
aren't thrilled by the idea.

Kevin Kofler

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Re: Why not to create Fedora-us and Fedora-non-us branches?

2009-05-26 Thread Adam Williamson
On Tue, 2009-05-26 at 13:29 -0400, Bill Nottingham wrote:
 Peter Lemenkov (lemen...@gmail.com) said: 
   Subj. As Debian folks did years ago. Such branching will be done very
   easy technically.
  
   Because all the builds and composition is done in the US, and the 
   trademarks
   are held by a US entity.
  
  Not a serious reason. Why not to relocate then in Europe?
 
 ... what exactly are you trying to accomplish?

...that isn't achieved, in practical terms, just as well by the
existence of RPMFusion?
-- 
Adam Williamson
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IRC: adamw | Fedora Talk: adamwill AT fedoraproject DOT org
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Re: Why not to create Fedora-us and Fedora-non-us branches?

2009-05-26 Thread Paul Wouters

On Tue, 26 May 2009, Stephen Gallagher wrote:


Find us a Company in Europe that is not based in the US that is willing
to fund with people and money as much as Red Hat is doing now.

Oh, Europe won't help much, there are just as many silly laws there as
there are in the US.


1) Your packets will still flow through the US anyway. 
2) The US claim jurisdiction even outside their national borders and

   reserve the right to prosecute offenses against American interests
   according to US law, irrespective of where they take place.

In other words, you could be extradited even if the offense would not
actually be an offense in your country. For example, Dutch people have
been extradited for selling drugs to US citizens in The Netherlands,
even though marihuana is legal. (well, its complicated)

Also, you could never set foot in the US again without getting arrested,
and most of us don't think those T-6 countries are worh that.


Is there a reason that an interested party (in a locale where such
export is legal) couldn't just create a custom spin on their own (and
using their own build system) to create a Fedora-T6 spin (or for
trademark reasons, rebrand it)? I can see this being a perfectly good
premise for setting up a SIG...


respin what? remove the crypto? Try removing nss, openssl, gnutls and
kerberos and see what's left of your system. Not much :P
And who would want it? Surely not the T6 countries :P

Paul

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Re: Why not to create Fedora-us and Fedora-non-us branches?

2009-05-26 Thread Frank Murphy

Bill Nottingham wrote:
Peter Lemenkov (lemen...@gmail.com) said: 
  
... what exactly are you trying to accomplish?


Make it legal to ship MP3 code? Sorry, those are patented in Europe as well.

  

Patents are *currently* illegal in Europe, (though they may be granted).
The patents offices being self-funding and all that.

http://en.wikipedia.org/wiki/Software_patents_under_the_European_Patent_Convention
Article 52

Frank


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Re: Why not to create Fedora-us and Fedora-non-us branches?

2009-05-26 Thread Tom Lane
Matej Cepl mc...@redhat.com writes:
 Jesse Keating, Tue, 26 May 2009 10:25:36 -0700:
 Oh, Europe won't help much, there are just as many silly laws there as
 there are in the US.

 Better is some special place in Europe  thinking ... what about Isle 
 of Man, it has some exceptions from many laws ... err, we wouldn't be 
 first Linux distro headquatered there :)

Unless everyone working on Fedora *moves* to the Isle of Man (and
obtains citizenship there), I don't think this sort of maneuver
keeps us out of trouble anyway.  Realistically we all have to worry
about the laws of wherever we live.  So as long as a significant
fraction of Fedora contributors are in $country, $country laws will
matter for Fedora.  (Repeat above statement for a rather long list
of $country.)

regards, tom lane

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