Including the GPL in GPL code (Re: IETF and open source license compatibility)

2009-02-13 Thread Harald Alvestrand

Simon Josefsson wrote:

I consider the inability to include immutable text in software
released under the GPL a bug in the GPL.



Nobody forces you to use the GPL, so if you perceive a problem I suggest
to use another license for your program.  However, the IETF should not
prevent implementers from using the GPL, for the same reasons IETF
should not prevent Microsoft from using its EULA as the license.

  

BTW, this means that at least one program I have released under the
GPL is illegal; it includes the GPL as a part of the source code, and
since the GPL text is immutable according to the GPL, it is illegal
(by this logic) to include it in source code, since the source has to
be free of restrictions upon its modification.



I don't see how that makes the program illegal.  It just makes it harder
for others to redistribute it safely because the licensing information
is unclear.

Simon,

the example is at http://counter.li.org/scripts/machine-update. Take a look.

There is a single file that contains both the program source and the GPL.
I want to release this under the GPL.

Now, I have three possible interpretations:

1 - The words of the GPL that say Everyone is permitted to copy and 
distribute verbatim copies of this license document, but changing it is 
not allowed. don't really apply in this case.
2 - The words of the GPL that say You may modify your copy or copies of 
the Program or any portion of it, thus forming a work based on the 
Program, and copy and distribute such modifications or work under the 
terms of Section 1 above don't apply to modifications of the portion of 
the Program that is the GPL

3 - I'm breaking the GPL

Now, with your extensive knowledge of what the GPL means for included 
text  which is it?


  Harald


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Re: Including the GPL in GPL code (Re: IETF and open source license compatibility)

2009-02-13 Thread Simon Josefsson
This is getting off-topic, and seems like typical FAQ material, but I'll
reply briefly.  I suggest using, e.g., discuss...@fsfeurope.org to get
other people's interpretations.  If you want a more authoritative
answer, talk to licens...@gnu.org.

Harald Alvestrand har...@alvestrand.no writes:

 BTW, this means that at least one program I have released under the
 GPL is illegal; it includes the GPL as a part of the source code, and
 since the GPL text is immutable according to the GPL, it is illegal
 (by this logic) to include it in source code, since the source has to
 be free of restrictions upon its modification.
 

 I don't see how that makes the program illegal.  It just makes it harder
 for others to redistribute it safely because the licensing information
 is unclear.
 Simon,

 the example is at http://counter.li.org/scripts/machine-update. Take a look.

 There is a single file that contains both the program source and the GPL.
 I want to release this under the GPL.

You can't release the text of the GPL under the GPL license, since you
are not the copyright holder of the text in the GPL license.  Further,
the license of the GPL text does not permit re-licensing, or even
modifications.

 Now, I have three possible interpretations:

 1 - The words of the GPL that say Everyone is permitted to copy and
 distribute verbatim copies of this license document, but changing it
 is not allowed. don't really apply in this case.

That interpretation seems clearly bogus to me.

 2 - The words of the GPL that say You may modify your copy or copies
 of the Program or any portion of it, thus forming a work based on the
 Program, and copy and distribute such modifications or work under the
 terms of Section 1 above don't apply to modifications of the portion
 of the Program that is the GPL

This seems more or less correct, even though it may sound surprising at
first.  More generally, and more clearly expressed, it can be stated as
this: The license for a piece of work applies to the piece of work, it
does not apply to the license itself.  The license of a work is not
normally not considered part of the work; it is metadata about the work.

 3 - I'm breaking the GPL

That may hold as well, but without further elaboration I can't tell for
sure.

I compared the part of your work that consists of the GPL text with the
canonical version [1].  It seems that someone has modified the license
text: the section 'How to Apply These Terms to Your New Programs' is
missing.  If you had read that section, you would know of a better way
to explain the licensing conditions to users that would have avoided the
problem.  I believe this violate the license on the GPL itself, so you
may want to fix it.  However, I don't think the FSF will care
significantly about that problem.

For more information, see:

http://www.gnu.org/licenses/gpl-howto.html

 Now, with your extensive knowledge of what the GPL means for included
 text  which is it?

Your question comes up and is answered in Debian mailing lists from time
to time: some people claim that Debian cannot distribute the GPL license
text because it is not licensed under a free software license.

/Simon

[1] http://www.gnu.org/licenses/old-licenses/gpl-2.0.txt
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Re: Including the GPL in GPL code (Re: IETF and open source license compatibility)

2009-02-13 Thread Harald Alvestrand

Simon Josefsson wrote:

This is getting off-topic, and seems like typical FAQ material, but I'll
reply briefly.  I suggest using, e.g., discuss...@fsfeurope.org to get
other people's interpretations.  If you want a more authoritative
answer, talk to licens...@gnu.org.
  


2 - The words of the GPL that say You may modify your copy or copies
of the Program or any portion of it, thus forming a work based on the
Program, and copy and distribute such modifications or work under the
terms of Section 1 above don't apply to modifications of the portion
of the Program that is the GPL



This seems more or less correct, even though it may sound surprising at
first.  More generally, and more clearly expressed, it can be stated as
this: The license for a piece of work applies to the piece of work, it
does not apply to the license itself.  The license of a work is not
normally not considered part of the work; it is metadata about the work.
  
But (and the reason why this is important, and IETF-relevant) how is 
this case different from the case where you introduce pieces of an RFC 
(which also don't need to be considered part of the work) as comments 
into a work?


With the GPL text, you don't have the copyright, and you don't have a 
license that permits modified versions. But you do have the right to 
copy it.


With the excerpt from an RFC, you don't have the copyright, and you 
don't have a license that permits modified versions. But you do have the 
right to copy it - you even have the right to copy pieces of it.


Why are you insisting that the first is perfectly reasonable, and the 
second is a show-stopper?


  Harald

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RE: Including the GPL in GPL code (Re: IETF and open source license compatibility)

2009-02-13 Thread Pasi.Eronen
Simon Josefsson wrote:

 Generally, however, I think this question is very different from where
 this thread started.  It started, as far as I consider, with Stephan
 suggesting that free software authors publish free (as in licensed
 under a free software license) standards in the IETF.  That is not
 possible, and is unrelated to the question we discuss here.

BTW, why cannot a free software author license some particular
standards text under both RFC 5378 terms, and some other license
(a free software license, or even GPL)?

Presumably, he/she owns the copyright, and 5378 terms are
non-exclusive.  Obviously, for collaborative efforts this may require
that all copyright holders agree, and that may make this unpractical.
But I wonder if there was some other reason?

Best regards,
Pasi
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Re: Including the GPL in GPL code (Re: IETF and open source license compatibility)

2009-02-13 Thread Simon Josefsson
pasi.ero...@nokia.com writes:

 Simon Josefsson wrote:

 Generally, however, I think this question is very different from where
 this thread started.  It started, as far as I consider, with Stephan
 suggesting that free software authors publish free (as in licensed
 under a free software license) standards in the IETF.  That is not
 possible, and is unrelated to the question we discuss here.

 BTW, why cannot a free software author license some particular
 standards text under both RFC 5378 terms, and some other license
 (a free software license, or even GPL)?

 Presumably, he/she owns the copyright, and 5378 terms are
 non-exclusive.  Obviously, for collaborative efforts this may require
 that all copyright holders agree, and that may make this unpractical.
 But I wonder if there was some other reason?

No, that approach works fine as far as I can see.  It has been used for
some documents, and parts of some documents, already.

That doesn't make the standard published by the IETF free as in free
software licensed though.  I admit this is a subtle distinction, and
given the discussion, I must have explained this poorly.

/Simon
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Re: Including the GPL in GPL code (Re: IETF and open source license compatibility)

2009-02-13 Thread Thierry Moreau



Harald Alvestrand wrote:


Simon,

the example is at http://counter.li.org/scripts/machine-update. Take a 
look.


There is a single file that contains both the program source and the GPL.
I want to release this under the GPL.

Now, I have three possible interpretations:

1 - The words of the GPL that say Everyone is permitted to copy and 
distribute verbatim copies of this license document, but changing it is 
not allowed. don't really apply in this case.
2 - The words of the GPL that say You may modify your copy or copies of 
the Program or any portion of it, thus forming a work based on the 
Program, and copy and distribute such modifications or work under the 
terms of Section 1 above don't apply to modifications of the portion of 
the Program that is the GPL

3 - I'm breaking the GPL

Now, with your extensive knowledge of what the GPL means for included 
text  which is it?




4 - The contradiction in licensing terms turns the work licensed by its 
own terms, that are not exactly those of the GPL. Furthermore, the 
original copyright holder breached the GPL *text* copyright. He did not 
breached the GPL itself since he is the original author of the work. The 
intent of the original copyright holder is clear however, despite a 
minor glith in document distribution. Simon and I and anyone else who 
whish to create derivative works under the GPL can fix it, and not carry 
forward the contradiction in licensing terms (the Harald intent above is 
not clear, the referenced work is not his work, and it is already released).


Anyway, Harald highlighted a corner case in GPL licensing that creates 
some inconvenience (can't put GPL text in GPL'ed work, it must remain 
meta-data). IETF as a *document* editor is expected to use licensing 
terms that reasonably fits its purpose. The audience lobbyed by Simon 
should just live by inconvenience created by IETF licensing terms (no 
RFC text in GPL'ed software beyond fair use - it must remain as separate 
documentation). Routine open software distribution abide by these rules.


Please preserve the integrity of IETF rules addressing the needs of a 
broader and a more diversified audience than the one lobbied by Simon.


Regards,

--

- Thierry Moreau

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