Re: LICENSE documentation

2016-09-15 Thread Torsten Zuehlsdorff



On 14.09.2016 23:05, Dave Horsfall wrote:

On Wed, 14 Sep 2016, Kurt Jaeger wrote:


This interpretation is based on the hypothesis that the user is located
in a country that has this kind of legal rule.

This is not the case in every country, so your conclusion is not always
valid.


What percentage of countries are signatories to the Berne Convention?
Last I looked, only nice friendly places such as China and North Korea
were holding out (and USA was one of the last to sign, and even then with
conditions).


That is not the only factor. You're quote misses Kurts statement "If no 
license statement can be found in the sources or the website, then no 
permission is given, and it's technically illegal for

anyone but the author(s) to use the software."

This for example is true for Germany, which signed the Berne Convention. 
But the German law for example makes it impossible to say "i have no 
right on the source i wrote by myself". You always have the right and it 
is impossible to resign it. So its even possible that you define a 
LICENSE like "public domain", but it would be wrong, since a german 
author is not possible to do this by german laws. Define no license 
means all rights are yours, but not if you wrote the code for your 
employer. In this case you have all rights of the source, but give a 
full usage/distribution/some-more-rights to it.


So in conclusion: licenses are a complex thing.

Greetings,
Torsten
___
freebsd-ports@freebsd.org mailing list
https://lists.freebsd.org/mailman/listinfo/freebsd-ports
To unsubscribe, send any mail to "freebsd-ports-unsubscr...@freebsd.org"


Re: LICENSE documentation

2016-09-14 Thread Dave Horsfall
On Wed, 14 Sep 2016, Kurt Jaeger wrote:

> This interpretation is based on the hypothesis that the user is located 
> in a country that has this kind of legal rule.
> 
> This is not the case in every country, so your conclusion is not always 
> valid.

What percentage of countries are signatories to the Berne Convention?  
Last I looked, only nice friendly places such as China and North Korea 
were holding out (and USA was one of the last to sign, and even then with 
conditions).

-- 
Dave Horsfall DTM (VK2KFU)  "Those who don't understand security will suffer."
___
freebsd-ports@freebsd.org mailing list
https://lists.freebsd.org/mailman/listinfo/freebsd-ports
To unsubscribe, send any mail to "freebsd-ports-unsubscr...@freebsd.org"


Re: LICENSE documentation

2016-09-14 Thread Kurt Jaeger
Hi!

> On 2016-09-14 11:49, Kurt Jaeger wrote:
> >> [...]
> >> the license. If no license statement can be found in the sources or the
> >> website, then no permission is given, and it's technically illegal for
> >> anyone but the author(s) to use the software.

> > This is not the case in every country, so your conclusion is not
> > always valid.

> That's true. Still, the inclusion of the program in ports collection
> depends on author(s) giving their permission, otherwise users in
> majority of countries FreeBSD is used in will be disqualified from using
> it -- and FreeBSD would probably be liable for copyright infringement too.

Let's take a step back: That is why we do introduce the LICENSE framework,
but it was not a big problem the last 15+ years, so it's not that
the skies will fall tomorrow, if we have a few missing for the
foreseeable future.

-- 
p...@opsec.eu+49 171 3101372 4 years to go !
___
freebsd-ports@freebsd.org mailing list
https://lists.freebsd.org/mailman/listinfo/freebsd-ports
To unsubscribe, send any mail to "freebsd-ports-unsubscr...@freebsd.org"


Re: LICENSE documentation

2016-09-14 Thread Vitaly Magerya
On 2016-09-14 11:49, Kurt Jaeger wrote:
>> My interpretation of this phrase is not that LICENSE variable is
>> mandatory (to which I would object on the basis that ports licensing
>> framework is vague, incomplete, and apparently used by noone too), but
>> rather that for the program to be freely distributable at all, it's
>> author(s) need to explicitly give their permission. That permission is
>> the license. If no license statement can be found in the sources or the
>> website, then no permission is given, and it's technically illegal for
>> anyone but the author(s) to use the software.
> 
> This interpretation is based on the hypothesis
> that the user is located in a country that has this kind of legal rule.
> 
> This is not the case in every country, so your conclusion is not
> always valid.

That's true. Still, the inclusion of the program in ports collection
depends on author(s) giving their permission, otherwise users in
majority of countries FreeBSD is used in will be disqualified from using
it -- and FreeBSD would probably be liable for copyright infringement too.
___
freebsd-ports@freebsd.org mailing list
https://lists.freebsd.org/mailman/listinfo/freebsd-ports
To unsubscribe, send any mail to "freebsd-ports-unsubscr...@freebsd.org"


Re: LICENSE documentation

2016-09-14 Thread Kurt Jaeger
Hi!

> On 2016-09-14 10:19, Bob Eager wrote:
> > This port never did have LICENSE, and it had been updated recently with
> > no issues. However, I was told that "I don't see any mention of any
> > kind of license in the package or on the site, so it should be
> > LICENSE=  NONE. Note that without clear licensing terms it's impossible
> > to legally use and redistribute the code."
> 
> My interpretation of this phrase is not that LICENSE variable is
> mandatory (to which I would object on the basis that ports licensing
> framework is vague, incomplete, and apparently used by noone too), but
> rather that for the program to be freely distributable at all, it's
> author(s) need to explicitly give their permission. That permission is
> the license. If no license statement can be found in the sources or the
> website, then no permission is given, and it's technically illegal for
> anyone but the author(s) to use the software.

This interpretation is based on the hypothesis
that the user is located in a country that has this kind of legal rule.

This is not the case in every country, so your conclusion is not
always valid.

-- 
p...@opsec.eu+49 171 3101372 4 years to go !
___
freebsd-ports@freebsd.org mailing list
https://lists.freebsd.org/mailman/listinfo/freebsd-ports
To unsubscribe, send any mail to "freebsd-ports-unsubscr...@freebsd.org"


Re: LICENSE documentation

2016-09-14 Thread Vitaly Magerya
On 2016-09-14 10:19, Bob Eager wrote:
> This port never did have LICENSE, and it had been updated recently with
> no issues. However, I was told that "I don't see any mention of any
> kind of license in the package or on the site, so it should be
> LICENSE=  NONE. Note that without clear licensing terms it's impossible
> to legally use and redistribute the code."

My interpretation of this phrase is not that LICENSE variable is
mandatory (to which I would object on the basis that ports licensing
framework is vague, incomplete, and apparently used by noone too), but
rather that for the program to be freely distributable at all, it's
author(s) need to explicitly give their permission. That permission is
the license. If no license statement can be found in the sources or the
website, then no permission is given, and it's technically illegal for
anyone but the author(s) to use the software. If this is the case, I
suggest you to contact the authors, explain the situation, and ask them
to include some sort of a license statement -- we'll be forced to remove
the program from ports collection otherwise.
___
freebsd-ports@freebsd.org mailing list
https://lists.freebsd.org/mailman/listinfo/freebsd-ports
To unsubscribe, send any mail to "freebsd-ports-unsubscr...@freebsd.org"


Re: LICENSE documentation

2016-09-14 Thread Kurt Jaeger
Hi!

> I recently had a minor patch (to one of the ports I maintain) bounced
> because I hadn't specified a LICENSE.
> 
> This port never did have LICENSE, and it had been updated recently with
> no issues. However, I was told that "I don't see any mention of any
> kind of license in the package or on the site, so it should be
> LICENSE=  NONE. Note that without clear licensing terms it's impossible
> to legally use and redistribute the code."
> 
> (I did erroneously interpret that, initially, to be saying that there
> MUST be a real license specified, although I realise from the above
> that NONE is acceptable (and presumably meets the criteria for "clear
> licensing terms")).

Even the "NONE" is in discussion, if it should be UNDEFINED or UNKNOWN or...

> Let me make it absolutely clear that I am not criticising or
> questioning the committers; they are just doing their job.
> 
> However, I wonder if two things ought to be done:
> 
> 1) There should be something in the Porter's Handbook about LICENSE.
> There is little or none, merely material about licensing in a more
> general sense. I would produce an update myself, but given the above, I
> am probably not the best person!

There are two text drafts in discussion, some of them for a long time:

https://reviews.freebsd.org/D56

https://reviews.freebsd.org/D7849

> 2) portlint currently says: "WARN: Makefile: Consider defining LICENSE.
> 0 fatal errors and 1 warning found." This is not really correct if
> LICENSE is mandatory.

Yes, that's unfortunate 8-}

-- 
p...@opsec.eu+49 171 3101372 4 years to go !
___
freebsd-ports@freebsd.org mailing list
https://lists.freebsd.org/mailman/listinfo/freebsd-ports
To unsubscribe, send any mail to "freebsd-ports-unsubscr...@freebsd.org"


LICENSE documentation

2016-09-14 Thread Bob Eager
I recently had a minor patch (to one of the ports I maintain) bounced
because I hadn't specified a LICENSE.

This port never did have LICENSE, and it had been updated recently with
no issues. However, I was told that "I don't see any mention of any
kind of license in the package or on the site, so it should be
LICENSE=  NONE. Note that without clear licensing terms it's impossible
to legally use and redistribute the code."

(I did erroneously interpret that, initially, to be saying that there
MUST be a real license specified, although I realise from the above
that NONE is acceptable (and presumably meets the criteria for "clear
licensing terms")).

Let me make it absolutely clear that I am not criticising or
questioning the committers; they are just doing their job.

However, I wonder if two things ought to be done:

1) There should be something in the Porter's Handbook about LICENSE.
There is little or none, merely material about licensing in a more
general sense. I would produce an update myself, but given the above, I
am probably not the best person!

2) portlint currently says: "WARN: Makefile: Consider defining LICENSE.
0 fatal errors and 1 warning found." This is not really correct if
LICENSE is mandatory.

Thanks!

___
freebsd-ports@freebsd.org mailing list
https://lists.freebsd.org/mailman/listinfo/freebsd-ports
To unsubscribe, send any mail to "freebsd-ports-unsubscr...@freebsd.org"