Re: [gentoo-user] on cdr{kit,tools} and licensing (was: emerge -avC cdrkit emerge -av cdrtools)

2008-07-09 Thread Joerg Schilling
Sebastian Günther [EMAIL PROTECTED] wrote:

 OK, now I finally got it right:

 It is about the scripts. What other people may call makefiles.

 The scripts and files bundled with your cdrtools to control the build 
 process are under CDDL. 

 E.g. RULES/i686-linux-gcc.rul:

You did _not_ get it right.

the file RULES/i686-linux-gcc.rul is part of a program that Debian replaced by 
cmake. This file is _not_ part of mkisofs and this file is _not_ part of the 
build scripts as it is part of the generic tool chain that is not required by 
the GPL to be part of the source. The program cmake is nothing than a less
portable attempt o replace the features of the program called the schily 
makefile system. Both programs are not specific to a certain program but 
program independent.

 An interpretation of the GPL which I can follow.

Well this is because you did oversee important facts in the GPL as many people 
do who claim to have read the GPL.

As I did already explain the legal facts for using the program the schily 
makefile system (you should read it to reduce your confusion), let me explain 
why the GPL does not require the build scripts to be under GPL:

If you _carefully_ read the GPL (lawyers do it, I did it but Debian doesn't), 
you will find the following important fact:

The GPL uses the phrase under the terms of this License in all places except 
the place where it requires the scripts used to control compilation to be 
made available. 

It is obvious that this has been done intentionally. If you did understand the 
general intention of the GPL you would know that requiring these scripts to 
be under GPL would not be aligned with the basic idea of the GPL: you need to 
put everything under GPL that is a derived work of GPLd software. These 
scripts are obviously _not_ derived from the program. This is why they need to 
be available but not under GPL.

As I wrote many times before: legal discussions are like programming. You do it 
wrong if you do not think all your ideas to it's logical end. If you forget to
consider a fact when planning a program it will fail later. If you forget to 
consider a fact when you check your legal claims, they are not compatible with 
reality.

Jörg

-- 
 EMail:[EMAIL PROTECTED] (home) Jörg Schilling D-13353 Berlin
   [EMAIL PROTECTED](uni)  
   [EMAIL PROTECTED] (work) Blog: http://schily.blogspot.com/
 URL:  http://cdrecord.berlios.de/old/private/ ftp://ftp.berlios.de/pub/schily
-- 
gentoo-user@lists.gentoo.org mailing list



Re: [gentoo-user] on cdr{kit,tools} and licensing (was: emerge -avC cdrkit emerge -av cdrtools)

2008-07-09 Thread Sebastian Günther
* Joerg Schilling ([EMAIL PROTECTED]) [09.07.08 11:57]:

 Well this is because you did oversee important facts in the GPL as many 
 people 
 do who claim to have read the GPL.
 
 As I did already explain the legal facts for using the program the schily 
 makefile system (you should read it to reduce your confusion), let me 
 explain 
 why the GPL does not require the build scripts to be under GPL:
 
 If you _carefully_ read the GPL (lawyers do it, I did it but Debian doesn't), 
 you will find the following important fact:
 
 The GPL uses the phrase under the terms of this License in all places 
 except 
 the place where it requires the scripts used to control compilation to be 
 made available. 
 

 The source code for a work means the preferred form of the work for
making modifications to it.  For an executable work, complete source
code means all the source code for all modules it contains, plus any
associated interface definition files, plus the scripts used to
control compilation and installation of the executable.

You refer to that clause?
This clause defines what source code is under some conditions. It states 
that Makefiles *are* source code, if you do a *binary* distribution. 

Therefor they have to be under GPL, if you do a binary distribution.

As for Gentoo there is no limitation, because it is a source 
distribution.

 It is obvious that this has been done intentionally. If you did understand 
 the 
 general intention of the GPL you would know that requiring these scripts to 
 be under GPL would not be aligned with the basic idea of the GPL: you need 
 to 
 put everything under GPL that is a derived work of GPLd software. These 
 scripts are obviously _not_ derived from the program. This is why they need 
 to 
 be available but not under GPL.
 

And it is quite obvious, that is meant the way I see it, because the 
binary is a derrived work, and in this special case some important parts 
of the process to get this derived work, must also be free.

Sebastian

-- 
  Religion ist das Opium des Volkes.   Karl Marx

 [EMAIL PROTECTED]@N GÜNTHER mailto:[EMAIL PROTECTED]


pgpS426XJwXlz.pgp
Description: PGP signature


Re: [gentoo-user] on cdr{kit,tools} and licensing (was: emerge -avC cdrkit emerge -av cdrtools)

2008-07-09 Thread Joerg Schilling
Sebastian Günther [EMAIL PROTECTED] wrote:

  If you _carefully_ read the GPL (lawyers do it, I did it but Debian 
  doesn't), 
  you will find the following important fact:
  
  The GPL uses the phrase under the terms of this License in all places 
  except 
  the place where it requires the scripts used to control compilation to be 
  made available. 
  

  The source code for a work means the preferred form of the work for
 making modifications to it.  For an executable work, complete source
 code means all the source code for all modules it contains, plus any
 associated interface definition files, plus the scripts used to
 control compilation and installation of the executable.

I get the impression that you have problems to understand even very obvious
parts of the GPL, it seems that you would need to enhance your english.

The GPL discriminates between the work (which needs to be under GPL)
and the complete source which is a superset of the work and other parts 
that do not need to be under GPL.

Jörg

-- 
 EMail:[EMAIL PROTECTED] (home) Jörg Schilling D-13353 Berlin
   [EMAIL PROTECTED](uni)  
   [EMAIL PROTECTED] (work) Blog: http://schily.blogspot.com/
 URL:  http://cdrecord.berlios.de/old/private/ ftp://ftp.berlios.de/pub/schily
-- 
gentoo-user@lists.gentoo.org mailing list



Re: [gentoo-user] on cdr{kit,tools} and licensing (was: emerge -avC cdrkit emerge -av cdrtools)

2008-07-09 Thread Sebastian Günther
* Joerg Schilling ([EMAIL PROTECTED]) [09.07.08 15:14]:
 Sebastian Günther [EMAIL PROTECTED] wrote:
 
   If you _carefully_ read the GPL (lawyers do it, I did it but Debian 
   doesn't), 
   you will find the following important fact:
   
   The GPL uses the phrase under the terms of this License in all places 
   except 
   the place where it requires the scripts used to control compilation to 
   be 
   made available. 
   
 
   The source code for a work means the preferred form of the work for
  making modifications to it.  For an executable work, complete source
  code means all the source code for all modules it contains, plus any
  associated interface definition files, plus the scripts used to
  control compilation and installation of the executable.
 

 The GPL discriminates between the work (which needs to be under GPL)
 and the complete source which is a superset of the work and other parts 
 that do not need to be under GPL.
 
Nowhere in the whole GPL is stated that the complete source code is a 
superset of the work. The work is only used to refer ro projects 
which *use* the Program, which is the term used for the primary object 
of the licence.

 Jörg
 
Read again yourself, brother
Sebastian

-- 
  Religion ist das Opium des Volkes.   Karl Marx

 [EMAIL PROTECTED]@N GÜNTHER mailto:[EMAIL PROTECTED]


pgpqcqPzpYIJs.pgp
Description: PGP signature


Re: [gentoo-user] on cdr{kit,tools} and licensing (was: emerge -avC cdrkit emerge -av cdrtools)

2008-07-09 Thread Joerg Schilling
Sebastian Günther [EMAIL PROTECTED] wrote:

  The GPL discriminates between the work (which needs to be under GPL)
  and the complete source which is a superset of the work and other parts 
  that do not need to be under GPL.
  
 Nowhere in the whole GPL is stated that the complete source code is a 
 superset of the work. The work is only used to refer ro projects 
 which *use* the Program, which is the term used for the primary object 
 of the licence.

You would need to reread the GPL until you understand this ;-)

Jörg

-- 
 EMail:[EMAIL PROTECTED] (home) Jörg Schilling D-13353 Berlin
   [EMAIL PROTECTED](uni)  
   [EMAIL PROTECTED] (work) Blog: http://schily.blogspot.com/
 URL:  http://cdrecord.berlios.de/old/private/ ftp://ftp.berlios.de/pub/schily
-- 
gentoo-user@lists.gentoo.org mailing list



Re: [gentoo-user] on cdr{kit,tools} and licensing (was: emerge -avC cdrkit emerge -av cdrtools)

2008-07-09 Thread Stroller


On 9 Jul 2008, at 14:13, Joerg Schilling wrote:

...
I get the impression that you have problems to understand even very  
obvious
parts of the GPL, it seems that you would need to enhance your  
english.


You frikkin' clown, Joerg.

  On 9 Jul 2008, at 10:56, Joerg Schilling wrote:
  ...
  Well this is because you did oversee important facts in the GPL as
  many people do who claim to have read the GPL. ...

You demonstrate in this earlier message today that you don't know the  
difference between oversee and overlook, two quite different  
words with different meanings.


You really are not in a position to chastise others' English - your  
English usage being quite clumsy at the *best* of times.


In fact, this causes me to wonder if all your problems stem from a  
failure to understand the GPL. Perhaps it is YOU who has misread it?  
Certainly, when you speak in English, your own words cannot be trusted.


Stroller.

--
gentoo-user@lists.gentoo.org mailing list



Re: [gentoo-user] on cdr{kit,tools} and licensing (was: emerge -avC cdrkit emerge -av cdrtools)

2008-07-09 Thread Joerg Schilling
Stroller [EMAIL PROTECTED] wrote:

 You really are not in a position to chastise others' English - your  
 English usage being quite clumsy at the *best* of times.

Wenn Du glaubst Problmeme mit meinem Englisch zu haben, dann laß uns einfach 
die Diskusion in Deutsch weiterführen.

Ich befürchte aber, das wird uns beide auch nicht weiterbringen weil Du 
bislang nichts wirklich Hilfreiches zur Diskusion beitragen konntest.

Jörg

-- 
 EMail:[EMAIL PROTECTED] (home) Jörg Schilling D-13353 Berlin
   [EMAIL PROTECTED](uni)  
   [EMAIL PROTECTED] (work) Blog: http://schily.blogspot.com/
 URL:  http://cdrecord.berlios.de/old/private/ ftp://ftp.berlios.de/pub/schily
-- 
gentoo-user@lists.gentoo.org mailing list



Re: [gentoo-user] on cdr{kit,tools} and licensing (was: emerge -avC cdrkit emerge -av cdrtools)

2008-07-09 Thread Stroller


On 9 Jul 2008, at 15:05, Joerg Schilling wrote:


Stroller [EMAIL PROTECTED] wrote:


You really are not in a position to chastise others' English - your
English usage being quite clumsy at the *best* of times.


Wenn Du glaubst Problmeme mit meinem Englisch zu haben, dann laß  
uns einfach

die Diskusion in Deutsch weiterführen.

Ich befürchte aber, das wird uns beide auch nicht weiterbringen  
weil Du

bislang nichts wirklich Hilfreiches zur Diskusion beitragen konntest.


I trust this indicates that in future you'll only be posting to  
gentoo-user-de

http://archives.gentoo.org/gentoo-user-de/

Stroller.

--
gentoo-user@lists.gentoo.org mailing list



Re: [gentoo-user] on cdr{kit,tools} and licensing (was: emerge -avC cdrkit emerge -av cdrtools)

2008-07-08 Thread Joerg Schilling
Mike Edenfield [EMAIL PROTECTED] wrote:

 Firstly, the cdrkit source ships with all of the cmake scripts that are 
 needed by cmake to build the project.  This is all that is required by 
 the GPL.

 And before you tell me to look again or go read something or 
 whatever -- I did.  I have the cdrkit source tarball right here, and I'm 
 looking at the files in question.  I also have a copy of the GPL, which 
 says exactly this: plus the scripts used to control compilation and 
 installation of the executable.  Note there is no requirement that the 
 actual *build tools* be included, only the scripts used to control them. 
   Otherwise it would be illegal to ship any GPL'd program without the 
 entire source to make, gcc, binutils, sed, awk, cat, etc.

Well, now that you found this out, does this mean that you finally concur with 
me that Bloch  Co. are license trolls?

You may have no experiences with the systematic ways to prove/disprove things
I use, but you still found that it is ridiculous to claim that the GPL requires 
you to _include_ the complete toolchain _under_ _GPL_.

And because it is ridiculous to claim that the GPL requires you to include the 
toolchain, it is of course ridiculous to tell people that the schily 
makefilesystem (being a independently developed program) needs to be part of 
cdrtools.


The next step in understanding why Bloch is a license troll is to understand 
that _iff_ Bloch/Debian seriuosly believe that the schily makefilesystem is 
part of cdrtools and needs to be published under GPL together with cdrtools,
then _of_ _course_ the same applies to cmake which is just a replacement 
for the schily makefilesystem.


Jörg

-- 
 EMail:[EMAIL PROTECTED] (home) Jörg Schilling D-13353 Berlin
   [EMAIL PROTECTED](uni)  
   [EMAIL PROTECTED] (work) Blog: http://schily.blogspot.com/
 URL:  http://cdrecord.berlios.de/old/private/ ftp://ftp.berlios.de/pub/schily
-- 
gentoo-user@lists.gentoo.org mailing list



Re: [gentoo-user] on cdr{kit,tools} and licensing (was: emerge -avC cdrkit emerge -av cdrtools)

2008-07-08 Thread Sascha Hlusiak
  And before you tell me to look again or go read something or
  whatever -- I did.  I have the cdrkit source tarball right here, and I'm
  looking at the files in question.  I also have a copy of the GPL, which
  says exactly this: plus the scripts used to control compilation and
  installation of the executable.  Note there is no requirement that the
  actual *build tools* be included, only the scripts used to control them.
Otherwise it would be illegal to ship any GPL'd program without the
  entire source to make, gcc, binutils, sed, awk, cat, etc.

 You may have no experiences with the systematic ways to prove/disprove
 things I use, but you still found that it is ridiculous to claim that the
 GPL requires you to _include_ the complete toolchain _under_ _GPL_.
It is ridiculous indeed. Now please, where do they claim the GPLv2 requires 
that the whole toolchain needs to be under the GPLv2?

 And because it is ridiculous to claim that the GPL requires you to include
 the toolchain, it is of course ridiculous to tell people that the schily
 makefilesystem (being a independently developed program) needs to be part
 of cdrtools.
The GPLv2 neither requires to include the toolchain nor is it ridiculous to 
pay attention to GPLv2 §3 which talks explicitely about the build scripts. 

 The next step in understanding why Bloch is a license troll is to
 understand that _iff_ Bloch/Debian seriuosly believe that the schily
 makefilesystem is part of cdrtools and needs to be published under GPL
 together with cdrtools, then _of_ _course_ the same applies to cmake
 which is just a replacement for the schily makefilesystem.
Please read GPLv2 §3. It's talking about scripts used to control 
compilation. That term applies to your schily makefilesystem but NOT to 
cmake. The cmake scripts are indeed included with the source and are under 
GPLv2.


- Sascha


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


Re: [gentoo-user] on cdr{kit,tools} and licensing (was: emerge -avC cdrkit emerge -av cdrtools)

2008-07-08 Thread Joerg Schilling
Sascha Hlusiak [EMAIL PROTECTED] wrote:

  The next step in understanding why Bloch is a license troll is to
  understand that _iff_ Bloch/Debian seriuosly believe that the schily
  makefilesystem is part of cdrtools and needs to be published under GPL
  together with cdrtools, then _of_ _course_ the same applies to cmake
  which is just a replacement for the schily makefilesystem.
 Please read GPLv2 ?3. It's talking about scripts used to control 
 compilation. That term applies to your schily makefilesystem but NOT to 
 cmake. The cmake scripts are indeed included with the source and are under 
 GPLv2.

I am sorry to see that you did not inform yourself well enough about cdrtools.
This caused you to ask a useless question that you could avoid if you did 
understand the background!


Some hints to you:

If you replace nail A by nail B, it still remains a nail.

If you believe that the schily makefilesystem refers to
scripts used to control compilation, then cmake of course
is nothing different.

If you believe that cmake is a separate program, then of course
the schily makefilesystem is also a separate program.


Now you should _carefully_ read your own text
You introduced the term cmake scripts for your own confusion. If you 
understand 
_what_ this is in _contrary to cmake or the schily makefilesystem, you 
answered your question and you know why Bloch/Debian cannot be taken for 
serious.


I recommend you to first inform yourself before asking again

Jörg

-- 
 EMail:[EMAIL PROTECTED] (home) Jörg Schilling D-13353 Berlin
   [EMAIL PROTECTED](uni)  
   [EMAIL PROTECTED] (work) Blog: http://schily.blogspot.com/
 URL:  http://cdrecord.berlios.de/old/private/ ftp://ftp.berlios.de/pub/schily
-- 
gentoo-user@lists.gentoo.org mailing list



Re: [gentoo-user] on cdr{kit,tools} and licensing (was: emerge -avC cdrkit emerge -av cdrtools)

2008-07-08 Thread Sebastian Günther
* Joerg Schilling ([EMAIL PROTECTED]) [08.07.08 15:10]:
 Sascha Hlusiak [EMAIL PROTECTED] wrote:
 
 Some hints to you:
 
 If you replace nail A by nail B, it still remains a nail.
 
   If you believe that the schily makefilesystem refers to
   scripts used to control compilation, then cmake of course
   is nothing different.
 
   If you believe that cmake is a separate program, then of course
   the schily makefilesystem is also a separate program.
 
 
 Now you should _carefully_ read your own text
 You introduced the term cmake scripts for your own confusion. If you 
 understand 
 _what_ this is in _contrary to cmake or the schily makefilesystem, you 
 answered your question and you know why Bloch/Debian cannot be taken for 
 serious.
 

OK, now I finally got it right:

It is about the scripts. What other people may call makefiles.

The scripts and files bundled with your cdrtools to control the build 
process are under CDDL. 

E.g. RULES/i686-linux-gcc.rul:

#ident @(#)i586-linux-gcc.rul  1.11 07/05/09 
###
# Written 1996 by J. Schilling
###
#
# Platform dependent MACROS for Linux
#
###
# Copyright (c) J. Schilling
###
# The contents of this file are subject to the terms of the
# Common Development and Distribution License, Version 1.0 only
# (the License).  You may not use this file except in compliance
# with the License.
#
# See the file CDDL.Schily.txt in this distribution for details.
#
# When distributing Covered Code, include this CDDL HEADER in each
# file and include the License file CDDL.Schily.txt from this distribution.
###


But the Debian maintainers stated, that this files - *necessary* to 
build cdrtools - have to be under GPL.

An interpretation of the GPL which I can follow.

 
 I recommend you to first inform yourself before asking again
 

So now I'm informed (you did *not* help, on the contrary...):

All the fuzz because of the Makefiles? You really must hate the GPL, for 
not double licensing these.

 Jörg
 

BTW: for the next time, and there will be a next time, just copy 
yourself the following disclaimer and include it to every mail:

 You are using a fork of the original software, which may not support 
all features, which are already implemented in the original. 

The fork is based on the disagreement on how the GPL is to be 
interpreted:
1) linking of GPL and CDDL code. The FSF states that you cannot legally 
   link GPL and CDDL code, but there is no word about linking in the 
   GPL.
2) about the license of makefiles. The distribution which 
   first excluded cdrtools, insisted on the fact, that all makefiles had 
   to be under GPL to distribute it. This is a corrlation of two 
   unrelated clauses in the GPL.

I therfor behold this interpretation of GPL as wrong, and urge you to 
use the orginal as it has more features, and also advise all binary 
distributors to contact their lawyers to verify my opinion, as I have 
done.

This so called problem definitely does not apply for all source based 
distributions (e.g. Gentoo). So there is no problem to use the 
original. 
Put some links in it, maybe with quotings of some resonable people, thus 
not you! An also not a link to your awfull page 
http://cdrecord.berlios.de/private/linux-dist.html

This should be all about the issue; no insults, no conspiracy theories, 
no discussions about freedom with me. It is not for your cause...

If your software is superior, than you should not have to insult any 
other people. Let your software speak. Like you said in the 
debian bugreport: Der Ton macht die Musike

saying This feature is only implemented in the orginal, use this and 
your problem is gone. gets far mor people on your side than Your are 
using a software implemented by dorks, full of bugs and they dared to 
mess with my beloved code.

Peaceful
Sebastian, which still resides on the FSF and Debian way of seeing 
things.

And remember: there will always be people that have another, even 
contrary, opinion than yours. Try to convince them, and not insult them.

-- 
  Religion ist das Opium des Volkes.   Karl Marx

 [EMAIL PROTECTED]@N GÜNTHER mailto:[EMAIL PROTECTED]


pgp1synrkVKkR.pgp
Description: PGP signature


Re: [gentoo-user] on cdr{kit,tools} and licensing (was: emerge -avC cdrkit emerge -av cdrtools)

2008-07-07 Thread Mike Edenfield

Joerg Schilling wrote:


They claimed that the official build system was not legal but they replaced it
with a build system that definitely is not legal because it is not included in 
the source.


You keep saying this, but I just don't see where it's coming from.

Firstly, the cdrkit source ships with all of the cmake scripts that are 
needed by cmake to build the project.  This is all that is required by 
the GPL.


And before you tell me to look again or go read something or 
whatever -- I did.  I have the cdrkit source tarball right here, and I'm 
looking at the files in question.  I also have a copy of the GPL, which 
says exactly this: plus the scripts used to control compilation and 
installation of the executable.  Note there is no requirement that the 
actual *build tools* be included, only the scripts used to control them. 
 Otherwise it would be illegal to ship any GPL'd program without the 
entire source to make, gcc, binutils, sed, awk, cat, etc.


Secondly, even if they were required to include cmake in the cdrkit 
package, they can legally ship cmake and cdrkit in a single package 
under the GPL -- the modified BSD license allows this exact combination. 
 They don't do this because they don't *need* to, but if they did need 
to, it would be perfectly legitimate.


I may not be convinced of truth of their argument that cdrtools has 
licensing issues.  That depends entirely on where you draw the line 
between a compilation, which is a derivative work under copyright law, 
and a mere aggregation, which is not.  But I *am* absolutely convinced 
that your counter-argument about cdrkit is absolutely false.


--K
--
gentoo-user@lists.gentoo.org mailing list