Re: License Framework: Develop Best Practices

2010-10-23 Thread Marco Bröder
On Tue June 15 2010 23:22:35 Wesley Shields wrote:
 On Tue, Jun 15, 2010 at 02:46:27AM +0200, Marco Bröder wrote:
  Hello,
  
  I know the ports license framework is very new and not mature yet.
  
  But it is not very useful in its current state, because several
  popular licenses are missing and some license foo is not right /
  specific enough to be considered legally correct (for example there is
  no 'one BSD License', there are at least three of them, all legally
  different). The legal consequences of even very small differences can
  be very huge. We actually have to make this legally right or the whole
  thing is useless.
  
  Some maintainers already added some license foo to their ports. At the
  moment there is more guessing than knowing what actually should be
  done from a maintainers point of view. This is especially true for
  dual / multi / combo licensing (for example 'GPLv2 or any later
  version' is not really the same as 'GPLv2 or GPLv3' combo).
  
  Before this even grows, could we please start developing best
  practices and document them into Porters Handbook, as soon as
  possible? Thanks!
 
 I couldn't agree more. I've been holding off until the Porter's Handbook
 has clear documentation on what maintainers need to know. I've included
 alepulver@ on this as he is the one that wrote the initial support for
 this. I'd hate to see this grow into a mess that has to be cleaned up
 later because there isn't proper documentation for maintainers.
 
 Hopefully Alejandro has a PH update in the wings? If not then I guess
 it's up to someone(TM) to do it.
 
 -- WXS


I neither saw a reply from alepulver@ nor anything else on this subject. Are 
there any further news? There was nothing added to the Porter's Handbook, too. 
So I guess the situation did not change within the last months, right?

Unfortunately, with a recent update to one of my ports (the software is -GPLv2 
or any later version- licensed) the committer added the LICENSE / LICENSE_COMB 
foo at his own without asking. I find this annoying, because I purposely did 
not add it. Something like that should be the maintainer's choice, because he 
is also responsible for the port.

I think the LICENSE stuff should generally not be added until the whole 
subject is clarified and properly documented, which does not seem to be the 
case, especially from the legal point of view.

What should the license framework be? Looks like nobody really seems to care 
(enough).

Will it remain a legally incorrect and unreliable stuff? Then, there is no 
need to actually care about it and the whole license framework is pretty 
much useless in a legal sense. But that must be stated explicitly.

Or should it be as correct as possible? Then it is necessary to have the 
licenses at least correctly defined and used like they exist (see my original 
mail quoted above and below, especially the '[L]GPLv2 or any later version' 
and the three BSD licenses).

Will there be an official consensus? Will there be rules or disclaimers for 
maintainer's and committer's responsibility? Will the whole thing be properly 
documented in the Porter's Handbook? Will the licenses be correctly defined in 
'ports/Mk/bsd.licenses.db.mk' or will some of them remain incorrectly 
simplified?

The license framework could be very nice and actually useful - if 
properly done ...


  I will start with a few points:
  
  *** bsd.license.db.mk ***
  
  We really need to rework it.
  
  It should at least contain the most popular / often used licenses
  -and- their -correct- versions. The latter is not always the case at
  the moment. And the versions should have only -one- format, not
  multiples. I suggest to always use a something like 'LGPLv2.1' and not
  'LGPL21'. At least it has to be consistent across all licenses.
  
  I find it especially important to have a expression for 'version X or
  any later version' (for example 'LGPLv2+'), since the following dummy
  example is not adequate:
  
  LICENSE=LGPLv2 LGPLv2.1 LGPLv3 LGPLv3.1 LGPLv3.2
  LICENSE_COMB=dual
  
  ... and so on for every future versions - it does not scale well and
  has to be changed with every new future version. Instead it should be
  just 'LGPLv2+' and stay there unchanged forever.
  
  Here is my suggestion what should be there at a minimum (probably more
  needed):
  
  ***
  
  ARTLv1.0# Artistic License 1.0
  ARTLv2.0# Artistic License 2.0
  
  ASLv1.1# Apache License 1.1
  ASLv2.0# Apache License 2.0
  
  BSD-2-clause# Simplified BSD License
  BSD-3-clause# Modified or New BSD License
  BSD-4-clause# Original BSD License
  
  BSLv1.0# Boost Software License 1.0
  
  CDDLv1.0# Common Development and Distribution License 1.0
  
  EPLv1.0# Eclipse Public License 1.0
  
  GFDLv1.1# GNU Free Documentation License 1.1
  GFDLv1.2# GNU Free Documentation License 1.2
  GFDLv1.3# GNU Free Documentation License 1.3
  
  GPLv2# GNU General Public 

Re: License Framework: Develop Best Practices

2010-10-23 Thread Alejandro Pulver

On 10/23/2010 2:41 PM, Marco Bröder wrote:

On Tue June 15 2010 23:22:35 Wesley Shields wrote:



I neither saw a reply from alepulver@ nor anything else on this subject. Are
there any further news? There was nothing added to the Porter's Handbook, too.
So I guess the situation did not change within the last months, right?

Unfortunately, with a recent update to one of my ports (the software is -GPLv2
or any later version- licensed) the committer added the LICENSE / LICENSE_COMB
foo at his own without asking. I find this annoying, because I purposely did
not add it. Something like that should be the maintainer's choice, because he
is also responsible for the port.

I think the LICENSE stuff should generally not be added until the whole
subject is clarified and properly documented, which does not seem to be the
case, especially from the legal point of view.

What should the license framework be? Looks like nobody really seems to care
(enough).

Will it remain a legally incorrect and unreliable stuff? Then, there is no
need to actually care about it and the whole license framework is pretty
much useless in a legal sense. But that must be stated explicitly.

Or should it be as correct as possible? Then it is necessary to have the
licenses at least correctly defined and used like they exist (see my original
mail quoted above and below, especially the '[L]GPLv2 or any later version'
and the three BSD licenses).

Will there be an official consensus? Will there be rules or disclaimers for
maintainer's and committer's responsibility? Will the whole thing be properly
documented in the Porter's Handbook? Will the licenses be correctly defined in
'ports/Mk/bsd.licenses.db.mk' or will some of them remain incorrectly
simplified?

The license framework could be very nice and actually useful - if
properly done ...



A few weeks ago I was very busy with exams (now I've started to update 
and clean up some of my ports). But about the PH entry I have previously 
asked about policies regarding creation of files (the first variables in 
bsd.licenses.mk) without answer, and I can't write anything.


About the rest (what licenses to have, how to define them, etc) the only 
thing I could do is to look at what other projects did, but really it's 
not my area (which is writing the code to provide required functionality).


I'm willing to make necessary changes to bsd.licenses.mk and/or write 
documentation if someone else could take care of the bureaucratic part.





I will start with a few points:

*** bsd.license.db.mk ***

We really need to rework it.



I have no problem to others taking care of the file. It was initially 
just an example, and the plan was to automatically classify ports and 
take the license list from there (which might happen after I update the 
fossology port to the recent release and fix a few issues).



It should at least contain the most popular / often used licenses
-and- their -correct- versions. The latter is not always the case at
the moment. And the versions should have only -one- format, not
multiples. I suggest to always use a something like 'LGPLv2.1' and not
'LGPL21'. At least it has to be consistent across all licenses.

I find it especially important to have a expression for 'version X or
any later version' (for example 'LGPLv2+'), since the following dummy
example is not adequate:

LICENSE=LGPLv2 LGPLv2.1 LGPLv3 LGPLv3.1 LGPLv3.2
LICENSE_COMB=dual

... and so on for every future versions - it does not scale well and
has to be changed with every new future version. Instead it should be
just 'LGPLv2+' and stay there unchanged forever.



These could be achieved with groups, or as you suggested with individual 
names.


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


Re: License Framework: Develop Best Practices

2010-10-23 Thread Alejandro Pulver

On 10/23/2010 2:41 PM, Marco Bröder wrote:

On Tue June 15 2010 23:22:35 Wesley Shields wrote:



I neither saw a reply from alepulver@ nor anything else on this subject. Are
there any further news? There was nothing added to the Porter's Handbook, too.
So I guess the situation did not change within the last months, right?

Unfortunately, with a recent update to one of my ports (the software is -GPLv2
or any later version- licensed) the committer added the LICENSE / LICENSE_COMB
foo at his own without asking. I find this annoying, because I purposely did
not add it. Something like that should be the maintainer's choice, because he
is also responsible for the port.

I think the LICENSE stuff should generally not be added until the whole
subject is clarified and properly documented, which does not seem to be the
case, especially from the legal point of view.

What should the license framework be? Looks like nobody really seems to care
(enough).

Will it remain a legally incorrect and unreliable stuff? Then, there is no
need to actually care about it and the whole license framework is pretty
much useless in a legal sense. But that must be stated explicitly.

Or should it be as correct as possible? Then it is necessary to have the
licenses at least correctly defined and used like they exist (see my original
mail quoted above and below, especially the '[L]GPLv2 or any later version'
and the three BSD licenses).

Will there be an official consensus? Will there be rules or disclaimers for
maintainer's and committer's responsibility? Will the whole thing be properly
documented in the Porter's Handbook? Will the licenses be correctly defined in
'ports/Mk/bsd.licenses.db.mk' or will some of them remain incorrectly
simplified?

The license framework could be very nice and actually useful - if
properly done ...



A few weeks ago I was very busy with exams (now I've started to update 
and clean up some of my ports). But about the PH entry I have previously 
asked about policies regarding creation of files (the first variables in 
bsd.licenses.mk) without answer, and I can't write anything.


About the rest (what licenses to have, how to define them, etc) the only 
thing I could do is to look at what other projects did, but really it's 
not my area (which is writing the code to provide required functionality).


I'm willing to make necessary changes to bsd.licenses.mk and/or write 
documentation if someone else could take care of the bureaucratic part.





I will start with a few points:

*** bsd.license.db.mk ***

We really need to rework it.



I have no problem to others taking care of the file. It was initially 
just an example, and the plan was to automatically classify ports and 
take the license list from there (which might happen after I update the 
fossology port to the recent release and fix a few issues).



It should at least contain the most popular / often used licenses
-and- their -correct- versions. The latter is not always the case at
the moment. And the versions should have only -one- format, not
multiples. I suggest to always use a something like 'LGPLv2.1' and not
'LGPL21'. At least it has to be consistent across all licenses.

I find it especially important to have a expression for 'version X or
any later version' (for example 'LGPLv2+'), since the following dummy
example is not adequate:

LICENSE=LGPLv2 LGPLv2.1 LGPLv3 LGPLv3.1 LGPLv3.2
LICENSE_COMB=dual

... and so on for every future versions - it does not scale well and
has to be changed with every new future version. Instead it should be
just 'LGPLv2+' and stay there unchanged forever.



These could be achieved with groups, or as you suggested with individual 
names.


Regards,
Ale

P.S.: the mail was re-sent from the correct address (subscribed to the list)
___
freebsd-ports@freebsd.org mailing list
http://lists.freebsd.org/mailman/listinfo/freebsd-ports
To unsubscribe, send any mail to freebsd-ports-unsubscr...@freebsd.org


Re: License Framework: Develop Best Practices

2010-06-17 Thread Erwin Lansing
On Wed, Jun 16, 2010 at 10:48:14AM -0700, Micheas Herman wrote:
  
  I don't think the FreeBSD project could afford to have this license
  cataloging scheme regularly inspected by appropriate legal counsel for
  each of the various different jurisdictions around the world and for
  them to approve it as accurate and legally watertight.
 
 I think that FreeBSD should piggy back on the OSI and just list
 the following licenses:
 http://www.opensource.org/licenses/alphabetical plus other.

Using the list from OSI or NetBSD or similar would be a good way do an
initial population of the file.
 
 This could be a filter of sorts for those that want it. IANAL
 but just listing the license should not be more or less risky
 for the project than distributing the source code, and it might
 even reduce the risk of distributing pre compiled binaries as
 there is at least a good faith effort to comply with the
 license(s) and make it easy for the end user to be aware of the
 license(s) of the code.
 
We already have a mechanism to prevent distribution distfiles and
packages on our mirrors with the current NO_CDROM, RESTRICTED and
NO_PACKAGE flags.  The license framework is ment to make these more
finegrained and give endusers a better handle to avoid using specific
licenses.  As you say, this does not change that it will be done on a
best effort basis, which may, or may not, be good enough for your
specific use case, but it does provide better control.

-erwin

-- 
Erwin Lansing   http://droso.org
Prediction is very difficult
especially about the futureer...@freebsd.org


pgpbTtjJfG9Fu.pgp
Description: PGP signature


Re: License Framework: Develop Best Practices

2010-06-17 Thread jhell
On 06/16/2010 16:06, Dominic Fandrey wrote:
 On 15/06/2010 02:46, Marco Bröder wrote:
 BSD-2-clause# Simplified BSD License
 BSD-3-clause# Modified or New BSD License
 BSD-4-clause# Original BSD License
 
 Just a side note, am I the only one using a single clause variant
 of the BSDL? I really don't give a damn what people do with
 binaries, so out went the clause.
 

So really your using a MIT Style license just with a clause instead of
the staticlly written The above copyright notice and this permission
notice shall be included in all copies or substantial portions of the
Software.

So why not just use that instead.


Regards,

-- 

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


Re: License Framework: Develop Best Practices

2010-06-16 Thread Micheas Herman
On Tue, 2010-06-15 at 08:21 +0100, Matthew Seaman wrote: 
 -BEGIN PGP SIGNED MESSAGE-
 Hash: SHA1
 
 On 15/06/2010 07:46:27, Eric wrote:
  It would seem from reading the various posting that the two missing features
  are some sort of clean way of saying this license or higher and possibly
  something along the lines of like this licence for cases where 99% is the
  same as an existing OS licence, but I guess that last one comes down to a
  point of purpose.  Is the licence framework supposed to be a solid legal
  structure or is it much like the pkg-descriptions just something we can
  filter against and use to help guide us to the ports we want to install?
 
 I don't think the FreeBSD project could afford to have this license
 cataloging scheme regularly inspected by appropriate legal counsel for
 each of the various different jurisdictions around the world and for
 them to approve it as accurate and legally watertight.

I think that FreeBSD should piggy back on the OSI and just list
the following licenses:
http://www.opensource.org/licenses/alphabetical plus other.

This could be a filter of sorts for those that want it. IANAL
but just listing the license should not be more or less risky
for the project than distributing the source code, and it might
even reduce the risk of distributing pre compiled binaries as
there is at least a good faith effort to comply with the
license(s) and make it easy for the end user to be aware of the
license(s) of the code.


 
 Given potential liabilities should the project attempt a binding
 framework without such checking, it would be horribly exposed should
 some FreeBSD user suffer and attempt to recoup consequential losses.
 
 Therefore, this should only be done on a 'best efforts' basis, and there
 should be prominent warnings that the license data may or may not be
 accurate and that end users *must* make their own verification that all
 software they are using is appropriately licensed.

I doubt the warning would shield the project from lawsuits about
ports that are currently being illegally distributed by the
project (if the do exist, I have not carefully check that none
of the GPL projects do not include GPL incompatible code and
vice versa.) Much less provide any protection for any packages
that are being distributed by the project.

The Handbook, the man pages, and the example make.conf file
should all carry the warning that the FreeBSD project does not
warranty nor indemnify anything in the ports collection,
including but not limited to the copyright tagging.

Just some late night thoughts.



 
 I feel that at this point I should declare that IANAL, so take
 everything I say here not as advice, but as my personal opinion.
 
   Cheers,
 
   Matthew
 
 - -- 
 Dr Matthew J Seaman MA, D.Phil.   7 Priory Courtyard
   Flat 3
 PGP: http://www.infracaninophile.co.uk/pgpkey Ramsgate
 JID: matt...@infracaninophile.co.uk   Kent, CT11 9PW
 -BEGIN PGP SIGNATURE-
 Version: GnuPG/MacGPG2 v2.0.14 (Darwin)
 Comment: Using GnuPG with Mozilla - http://enigmail.mozdev.org/
 
 iEYEARECAAYFAkwXKeEACgkQ8Mjk52CukIxs9QCeNF+rjCoyPKiiDT5lUVN2XBzd
 QyUAni4ARLODukPokjgcrUuRp9OAPu22
 =gDf+
 -END PGP SIGNATURE-
 ___
 freebsd-ports@freebsd.org mailing list
 http://lists.freebsd.org/mailman/listinfo/freebsd-ports
 To unsubscribe, send any mail to freebsd-ports-unsubscr...@freebsd.org

-- 
-- 
Sometimes I wonder if I'm in my right mind.  Then it passes off and I'm
as intelligent as ever.
-- Samuel Beckett, Endgame


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


Re: License Framework: Develop Best Practices

2010-06-16 Thread Dominic Fandrey
On 15/06/2010 02:46, Marco Bröder wrote:
 BSD-2-clause# Simplified BSD License
 BSD-3-clause# Modified or New BSD License
 BSD-4-clause# Original BSD License

Just a side note, am I the only one using a single clause variant
of the BSDL? I really don't give a damn what people do with
binaries, so out went the clause.

-- 
A: Because it fouls the order in which people normally read text.
Q: Why is top-posting such a bad thing?
A: Top-posting.
Q: What is the most annoying thing on usenet and in e-mail? 
___
freebsd-ports@freebsd.org mailing list
http://lists.freebsd.org/mailman/listinfo/freebsd-ports
To unsubscribe, send any mail to freebsd-ports-unsubscr...@freebsd.org


Re: License Framework: Develop Best Practices

2010-06-15 Thread Eric
 From: Philip M. Gollucci pgollu...@p6m7g8.com
 Date: Tue, 15 Jun 2010 02:03:08 +
 
 On 06/15/10 00:46, Marco Bröder wrote:
 I find it especially important to have a expression for 'version X or any
 later version' (for example 'LGPLv2+'), since the following dummy example is
 not adequate:
 A very good idea, but not neccessarily the best one.  Future versions of
 licenses are not always backwards compatible?  Its GPLv2 vs GPLv3 one
 such example ?

Although does it matter in those cases about backwards compatibility?  If
the software has been released under (for example) GPLv2 or higher then
hasn't the author essentially already consented to any future version of the
GPL, no matter how incompatible they may be?

If however they re-release software under later licences (dual or otherwise)
then that's explicit and the licence entry would either be the new licence
or a combination of the new and old entries.

It would seem from reading the various posting that the two missing features
are some sort of clean way of saying this license or higher and possibly
something along the lines of like this licence for cases where 99% is the
same as an existing OS licence, but I guess that last one comes down to a
point of purpose.  Is the licence framework supposed to be a solid legal
structure or is it much like the pkg-descriptions just something we can
filter against and use to help guide us to the ports we want to install?



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


Re: License Framework: Develop Best Practices

2010-06-15 Thread Janne Snabb

On Mon, 14 Jun 2010, Chuck Swiger wrote:


Where I live, someone without a legal degree cannot offer legal
advice

[..]

It might also not be a bad idea to not display anything about
licensing until a human enables some Makefile switch which acknowledges
the limitations of the system (ie, license description coverage is
incomplete, etc, etc).


IMHO it might make sense to add some sort of disclaimer that the
license information is not to be considered as legal advice.
Otherwise people who redistribute the ports in some country with a
ridiculous legal system might become liable for something if they
are unlucky. I am not sure if this should be in the documentation,
or if it should be displayed every time when anything license related
appears on the screen.

Regarding the Makefile switch I would rather have it the opposite
way if it is seen necessary (IMHO not needed if there is a disclaimer
somewhere). If you want to disable it, you could define:

I_LIVE_IN_A_COUNTRY_WITH_A_RIDICULOUS_LEGAL_SYSTEM_WHICH_REQUIRES_DISCLAIMER_FOR_EVERY_SILLIEST_POSSIBLE_THING_TO_AVOID_LEGAL_LIABILITY_AND_THEREFORE_I_WANT_TO_DISABLE_THE_LICENSE_THING=yes


As a previous poster pointed out, I also think that the different
BSD licences should be separated. The 4-clause version puts heavy
burdens on someone who redistributes and does marketing. In case a
redistributor does any marketing, they need to figure out some
acknowledgement to be added in marketing materials for every piece
of 4-clause licensed software.

I also second the previous posters' opinion that in specifying GPL
related licenses, it is necessary to distinguish between this
version only and or any later version. It makes a big difference
in license compatibility.

If these distinctions are not made, the whole framework is not very
useful. I would rather see it to be useful.


DISCLAIMER: I am writing this in a country where I can give legal
advice to anyone I want and also freely talk about anything else
and therefore the readers of this message may freely make any
interpretations they whish about the contents of this post. :)

--
Janne Snabb / EPIPE Communications
sn...@epipe.com - http://epipe.com/
___
freebsd-ports@freebsd.org mailing list
http://lists.freebsd.org/mailman/listinfo/freebsd-ports
To unsubscribe, send any mail to freebsd-ports-unsubscr...@freebsd.org


Re: License Framework: Develop Best Practices

2010-06-15 Thread Matthew Seaman
-BEGIN PGP SIGNED MESSAGE-
Hash: SHA1

On 15/06/2010 07:46:27, Eric wrote:
 It would seem from reading the various posting that the two missing features
 are some sort of clean way of saying this license or higher and possibly
 something along the lines of like this licence for cases where 99% is the
 same as an existing OS licence, but I guess that last one comes down to a
 point of purpose.  Is the licence framework supposed to be a solid legal
 structure or is it much like the pkg-descriptions just something we can
 filter against and use to help guide us to the ports we want to install?

I don't think the FreeBSD project could afford to have this license
cataloging scheme regularly inspected by appropriate legal counsel for
each of the various different jurisdictions around the world and for
them to approve it as accurate and legally watertight.

Given potential liabilities should the project attempt a binding
framework without such checking, it would be horribly exposed should
some FreeBSD user suffer and attempt to recoup consequential losses.

Therefore, this should only be done on a 'best efforts' basis, and there
should be prominent warnings that the license data may or may not be
accurate and that end users *must* make their own verification that all
software they are using is appropriately licensed.

I feel that at this point I should declare that IANAL, so take
everything I say here not as advice, but as my personal opinion.

Cheers,

Matthew

- -- 
Dr Matthew J Seaman MA, D.Phil.   7 Priory Courtyard
  Flat 3
PGP: http://www.infracaninophile.co.uk/pgpkey Ramsgate
JID: matt...@infracaninophile.co.uk   Kent, CT11 9PW
-BEGIN PGP SIGNATURE-
Version: GnuPG/MacGPG2 v2.0.14 (Darwin)
Comment: Using GnuPG with Mozilla - http://enigmail.mozdev.org/

iEYEARECAAYFAkwXKeEACgkQ8Mjk52CukIxs9QCeNF+rjCoyPKiiDT5lUVN2XBzd
QyUAni4ARLODukPokjgcrUuRp9OAPu22
=gDf+
-END PGP SIGNATURE-
___
freebsd-ports@freebsd.org mailing list
http://lists.freebsd.org/mailman/listinfo/freebsd-ports
To unsubscribe, send any mail to freebsd-ports-unsubscr...@freebsd.org


Re: License Framework: Develop Best Practices

2010-06-15 Thread Micheas Herman
On Tue, 2010-06-15 at 08:21 +0100, Matthew Seaman wrote:
 -BEGIN PGP SIGNED MESSAGE-
 Hash: SHA1
 
 On 15/06/2010 07:46:27, Eric wrote:
  It would seem from reading the various posting that the two missing features
  are some sort of clean way of saying this license or higher and possibly
  something along the lines of like this licence for cases where 99% is the
  same as an existing OS licence, but I guess that last one comes down to a
  point of purpose.  Is the licence framework supposed to be a solid legal
  structure or is it much like the pkg-descriptions just something we can
  filter against and use to help guide us to the ports we want to install?
 
 I don't think the FreeBSD project could afford to have this license
 cataloging scheme regularly inspected by appropriate legal counsel for
 each of the various different jurisdictions around the world and for
 them to approve it as accurate and legally watertight.

I think that FreeBSD should piggy back on the OSI and just list
the following licenses:
http://www.opensource.org/licenses/alphabetical plus other.

This could be a filter of sorts for those that want it. IANAL
but just listing the license should not be more or less risky
for the project than distributing the source code, and it might
even reduce the risk of distributing pre compiled binaries as
there is at least a good faith effort to comply with the
license(s) and make it easy for the end user to be aware of the
license(s) of the code.


 
 Given potential liabilities should the project attempt a binding
 framework without such checking, it would be horribly exposed should
 some FreeBSD user suffer and attempt to recoup consequential losses.
 
 Therefore, this should only be done on a 'best efforts' basis, and there
 should be prominent warnings that the license data may or may not be
 accurate and that end users *must* make their own verification that all
 software they are using is appropriately licensed.

I doubt the warning would shield the project from lawsuits about
ports that are currently being illegally distributed by the
project (if the do exist, I have not carefully check that none
of the GPL projects do not include GPL incompatible code and
vice versa.) Much less provide any protection for any packages
that are being distributed by the project.

The Handbook, the man pages, and the example make.conf file
should all carry the warning that the FreeBSD project does not
warranty nor indemnify anything in the ports collection,
including but not limited to the copyright tagging.

Just some late night thoughts.

Micheas

 
 I feel that at this point I should declare that IANAL, so take
 everything I say here not as advice, but as my personal opinion.
 
   Cheers,
 
   Matthew
 
 - -- 
 Dr Matthew J Seaman MA, D.Phil.   7 Priory Courtyard
   Flat 3
 PGP: http://www.infracaninophile.co.uk/pgpkey Ramsgate
 JID: matt...@infracaninophile.co.uk   Kent, CT11 9PW
 -BEGIN PGP SIGNATURE-
 Version: GnuPG/MacGPG2 v2.0.14 (Darwin)
 Comment: Using GnuPG with Mozilla - http://enigmail.mozdev.org/
 
 iEYEARECAAYFAkwXKeEACgkQ8Mjk52CukIxs9QCeNF+rjCoyPKiiDT5lUVN2XBzd
 QyUAni4ARLODukPokjgcrUuRp9OAPu22
 =gDf+
 -END PGP SIGNATURE-
 ___
 freebsd-ports@freebsd.org mailing list
 http://lists.freebsd.org/mailman/listinfo/freebsd-ports
 To unsubscribe, send any mail to freebsd-ports-unsubscr...@freebsd.org

-- 
-- 
Sometimes I wonder if I'm in my right mind.  Then it passes off and I'm
as intelligent as ever.
-- Samuel Beckett, Endgame

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


Re: License Framework: Develop Best Practices

2010-06-15 Thread Marco Bröder
On Tue June 15 2010 04:03:08 Philip M. Gollucci wrote:
 On 06/15/10 00:46, Marco Bröder wrote:
  I find it especially important to have a expression for 'version X or any
  later version' (for example 'LGPLv2+'), since the following dummy example
  is
 
  not adequate:
 A very good idea, but not neccessarily the best one.  Future versions of
 licenses are not always backwards compatible?  Its GPLv2 vs GPLv3 one
 such example ?

No. And no.

First, it is not an 'idea' from me, it is actually necessary to distinct 
between 'GPLv2' and 'GPLv2 or any later version', because that is what the 
licenses dictate.

I think, you misunderstood the meaning of the two terms. Backwards 
compatibility does not play any role in it. It is irrelevant.

'GPLv2' is just 'GPLv2'- one single license without any choices. 'GPLv2 or any 
later version' means, the license is 'GPLv2', but the user / developer / 
contributor / whoever may choose -either- this GPL version 2 -or- one of any 
later versions (3 or one of any later versions to come in the future). But it 
is again one single license which applies. It does not mean 'automatically 
choose the most recent / latest version of the GPL' or something like that!

So, there is actually no incompatibility between licenses, because it cannot 
be the case. There is always just one single license which applies, not 
multiple of them.

-- 
Regards


signature.asc
Description: This is a digitally signed message part.


Re: License Framework: Develop Best Practices

2010-06-15 Thread Marco Bröder
On Tue June 15 2010 09:10:49 Janne Snabb wrote:
 As a previous poster pointed out, I also think that the different
 BSD licences should be separated.

Yes, they really are different licenses.

Who else should it know better than the FreeBSD Project (and NetBSD, OpenBSD, 
DragonflyBSD, ...)? ;-)
 
 I also second the previous posters' opinion that in specifying GPL
 related licenses, it is necessary to distinguish between this
 version only and or any later version. It makes a big difference
 in license compatibility.

Yeah, thanks!

 If these distinctions are not made, the whole framework is not very
 useful. I would rather see it to be useful.

As I wrote ...

-- 
Regards


signature.asc
Description: This is a digitally signed message part.


Re: License Framework: Develop Best Practices

2010-06-15 Thread Garrett Cooper
On Tue, Jun 15, 2010 at 1:29 PM, Marco Bröder marco.broe...@gmx.eu wrote:
 On Tue June 15 2010 09:10:49 Janne Snabb wrote:
 As a previous poster pointed out, I also think that the different
 BSD licences should be separated.

 Yes, they really are different licenses.

The BSD license has evolved over time. Compare the 4-clause license to
the 3-clause license and the 2-clause license.

 Who else should it know better than the FreeBSD Project (and NetBSD, OpenBSD,
 DragonflyBSD, ...)? ;-)

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


Re: License Framework: Develop Best Practices

2010-06-15 Thread Garrett Cooper
On Tue, Jun 15, 2010 at 1:39 PM, Garrett Cooper yanef...@gmail.com wrote:
 On Tue, Jun 15, 2010 at 1:29 PM, Marco Bröder marco.broe...@gmx.eu wrote:
 On Tue June 15 2010 09:10:49 Janne Snabb wrote:
 As a previous poster pointed out, I also think that the different
 BSD licences should be separated.

 Yes, they really are different licenses.

 The BSD license has evolved over time. Compare the 4-clause license to
 the 3-clause license and the 2-clause license.

 Who else should it know better than the FreeBSD Project (and NetBSD, OpenBSD,
 DragonflyBSD, ...)? ;-)

Ugh... my brain went out to lunch. Please ignore my last reply.
-Garrett
___
freebsd-ports@freebsd.org mailing list
http://lists.freebsd.org/mailman/listinfo/freebsd-ports
To unsubscribe, send any mail to freebsd-ports-unsubscr...@freebsd.org


Re: License Framework: Develop Best Practices

2010-06-15 Thread Wesley Shields
On Tue, Jun 15, 2010 at 02:46:27AM +0200, Marco Br??der wrote:
 Hello,
 
 I know the ports license framework is very new and not mature yet.
 
 But it is not very useful in its current state, because several
 popular licenses are missing and some license foo is not right /
 specific enough to be considered legally correct (for example there is
 no 'one BSD License', there are at least three of them, all legally
 different). The legal consequences of even very small differences can
 be very huge. We actually have to make this legally right or the whole
 thing is useless.
 
 Some maintainers already added some license foo to their ports. At the
 moment there is more guessing than knowing what actually should be
 done from a maintainers point of view. This is especially true for
 dual / multi / combo licensing (for example 'GPLv2 or any later
 version' is not really the same as 'GPLv2 or GPLv3' combo).
 
 Before this even grows, could we please start developing best
 practices and document them into Porters Handbook, as soon as
 possible? Thanks!

I couldn't agree more. I've been holding off until the Porter's Handbook
has clear documentation on what maintainers need to know. I've included
alepulver@ on this as he is the one that wrote the initial support for
this. I'd hate to see this grow into a mess that has to be cleaned up
later because there isn't proper documentation for maintainers.

Hopefully Alejandro has a PH update in the wings? If not then I guess
it's up to someone(TM) to do it.

-- WXS

 I will start with a few points:
 
 *** bsd.license.db.mk ***
 
 We really need to rework it.
 
 It should at least contain the most popular / often used licenses
 -and- their -correct- versions. The latter is not always the case at
 the moment. And the versions should have only -one- format, not
 multiples. I suggest to always use a something like 'LGPLv2.1' and not
 'LGPL21'. At least it has to be consistent across all licenses.
 
 I find it especially important to have a expression for 'version X or
 any later version' (for example 'LGPLv2+'), since the following dummy
 example is not adequate:
 
 LICENSE=LGPLv2 LGPLv2.1 LGPLv3 LGPLv3.1 LGPLv3.2
 LICENSE_COMB=dual
 
 ... and so on for every future versions - it does not scale well and
 has to be changed with every new future version. Instead it should be
 just 'LGPLv2+' and stay there unchanged forever.
 
 Here is my suggestion what should be there at a minimum (probably more 
 needed):
 
 ***
 
 ARTLv1.0# Artistic License 1.0
 ARTLv2.0# Artistic License 2.0
 
 ASLv1.1# Apache License 1.1
 ASLv2.0# Apache License 2.0
 
 BSD-2-clause# Simplified BSD License
 BSD-3-clause# Modified or New BSD License
 BSD-4-clause# Original BSD License
 
 BSLv1.0# Boost Software License 1.0
 
 CDDLv1.0# Common Development and Distribution License 1.0
 
 EPLv1.0# Eclipse Public License 1.0
 
 GFDLv1.1# GNU Free Documentation License 1.1
 GFDLv1.2# GNU Free Documentation License 1.2
 GFDLv1.3# GNU Free Documentation License 1.3
 
 GPLv2# GNU General Public License 2
 GPLv2+# GNU General Public License 2 or any later version
 GPLv3# GNU General Public License 3
 GPLv3+# GNU General Public License 3 or any later version
 
 ISC# ISC License
 
 LGPLv2# GNU Lesser General Public License 2
 LGPLv2+# GNU Lesser General Public License 2 or any later version
 LGPLv2.1# GNU Lesser General Public License 2.1
 LGPLv2.1+# GNU Lesser General Public License 2.1 or any later version
 LGPLv3# GNU Lesser General Public License 3
 LGPLv3+# GNU Lesser General Public License 3 or any later version
 
 MIT# MIT license
 
 MPLv1.0# Mozilla Public License 1.0
 MPLv1.1# Mozilla Public License 1.1
 
 PD# Public Domain license
 
 X11# X11 license
 
 ***
 
 There are probably more licenses and / or versions to add or to change.
 
 And there are most likely more issues to discuss ...
___
freebsd-ports@freebsd.org mailing list
http://lists.freebsd.org/mailman/listinfo/freebsd-ports
To unsubscribe, send any mail to freebsd-ports-unsubscr...@freebsd.org


Re: License Framework: Develop Best Practices

2010-06-14 Thread Philip M. Gollucci
-BEGIN PGP SIGNED MESSAGE-
Hash: SHA1

On 06/15/10 00:46, Marco Bröder wrote:
 I find it especially important to have a expression for 'version X or any 
 later version' (for example 'LGPLv2+'), since the following dummy example is 
 not adequate:
A very good idea, but not neccessarily the best one.  Future versions of
licenses are not always backwards compatible?  Its GPLv2 vs GPLv3 one
such example ?



- -- 
- 
1024D/DB9B8C1C B90B FBC3 A3A1 C71A 8E70  3F8C 75B8 8FFB DB9B 8C1C
Philip M. Gollucci (pgollu...@p6m7g8.com) c: 703.336.9354
VP Apache Infrastructure; Member, Apache Software Foundation
Committer,FreeBSD Foundation
Consultant,   P6M7G8 Inc.
Sr. System Admin, Ridecharge Inc.

Work like you don't need the money,
love like you'll never get hurt,
and dance like nobody's watching.
-BEGIN PGP SIGNATURE-
Version: GnuPG v2.0.14 (FreeBSD)

iD8DBQFMFt9cdbiP+9ubjBwRAh4lAJ0Q732fnO24FCQJ4SoIcw2821uG8QCfXIMw
VLSmTKbKOXfNmjvExpsipYs=
=9yoD
-END PGP SIGNATURE-
___
freebsd-ports@freebsd.org mailing list
http://lists.freebsd.org/mailman/listinfo/freebsd-ports
To unsubscribe, send any mail to freebsd-ports-unsubscr...@freebsd.org


Re: License Framework: Develop Best Practices

2010-06-14 Thread Warren Block

On Tue, 15 Jun 2010, Marco Br?der wrote:


But it is not very useful in its current state, because several popular
licenses are missing and some license foo is not right / specific enough to be
considered legally correct (for example there is no 'one BSD License', there
are at least three of them, all legally different). The legal consequences of
even very small differences can be very huge. We actually have to make this
legally right or the whole thing is useless.


This points nicely to something I've been wondering about.

Could it be a problem for non-lawyers to categorize (give an opinion) 
on a license that isn't an exact word-for-word duplicate of a known 
license?


-Warren Block * Rapid City, South Dakota USA
___
freebsd-ports@freebsd.org mailing list
http://lists.freebsd.org/mailman/listinfo/freebsd-ports
To unsubscribe, send any mail to freebsd-ports-unsubscr...@freebsd.org


Re: License Framework: Develop Best Practices

2010-06-14 Thread Chuck Swiger
On Jun 14, 2010, at 8:30 PM, Warren Block wrote:
 On Tue, 15 Jun 2010, Marco Br?der wrote:
 But it is not very useful in its current state, because several popular
 licenses are missing and some license foo is not right / specific enough to 
 be
 considered legally correct (for example there is no 'one BSD License', there
 are at least three of them, all legally different). The legal consequences of
 even very small differences can be very huge. We actually have to make this
 legally right or the whole thing is useless.
 
 This points nicely to something I've been wondering about.
 
 Could it be a problem for non-lawyers to categorize (give an opinion) on a 
 license that isn't an exact word-for-word duplicate of a known license?

Where I live, someone without a legal degree cannot offer legal advice-- giving 
rise to acronyms like IANAL (I Am Not A Lawyer) and TINLA (This Is Not 
Legal Advice).  You should not rely on automated tools including the ports 
framework to provide arbitrarily complex guidance appropriate for various 
combinations of licenses, local peculiarities, and so forth-- if you don't feel 
comfortable you understand and comply with the licenses of the software you 
use, hire a local lawyer-- don't ask for legal advice from a world-wide mailing 
list.  :-)

However, there are plenty of sites like SourceForge, Apache.org, GNU/FSF, and 
so forth which provide support/hosting for various projects and provide a 
classification of licenses.  Like almost any human activity, such a 
categorization process is imperfect-- but good enough for now works just 
fine, until someone notices/complains about some issue, in which case it will 
probably be quickly fixed.

There are probably some things which the FreeBSD implementation of licensing 
could be improved.  For example, if port maintainers or committers make an 
effort to confirm with the original author(s)/copyright holder(s) that the 
license of the software is being correctly categorized and recorded that with 
the CVS/SVN commit adopting the license categorization in the port Makefile.  
It might also not be a bad idea to not display anything about licensing until a 
human enables some Makefile switch which acknowledges the limitations of the 
system (ie, license description coverage is incomplete, etc, etc).

Regards,
-- 
-Chuck

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