RE: Initial Developer's Public License

2004-02-14 Thread Alexander Terekhov
Lawrence E. Rosen wrote:
[...]
 Courts don't issue advisory opinions. ...

Okay. For the sake of any possible benefit to anyone else who 
cares, here's some stuff that I think is rather interesting
(and highly entertaining ;-) ) reading. 

Note: follow the links/see the entire context.

A) http://tinyurl.com/2f96c quote

I hate to have to play this role with a fellow hacker, but...

If you don't change to using the GPL, then you'll have to stop 
using readline.  Readline's terms say that the whole program 
has to be under the GPL, and just having the user do the link 
doesn't change this.  If the program is designed to run with 
readline as a part, then readline is a part of it.

[...]

The FSF position would be that this is still one program, 
which has only been disguised as two.  The reason it is 
still one program is that the one part clearly shows the 
intention for incorporation of the other part.

I say this based on discussions I had with our lawyer long 
ago.  The issue first arose when NeXT proposed to distribute 
a modified GCC in two parts and let the user link them.  Jobs 
asked me whether this was lawful.  It seemed to me at the 
time that it was, following reasoning like what you are using; 
but since the result was very undesirable for free software, 
I said I would have to ask the lawyer.

What the lawyer said surprised me; he said that judges would 
consider such schemes to be subterfuges and would be very 
harsh toward them.  He said a judge would ask whether it is 
really one program, rather than how it is labeled.

/quote

B) http://tinyurl.com/2syev quote

RMS: We have no say in what is considered a derivative work. 
That is a matter of copyright law, decided by courts. When 
copyright law holds that a certain thing is not a derivative 
of our work, then our license for that work does not apply 
to it. Whatever our licenses say, they are operative only 
for works that are derivative of our code. 

/quote

C) http://tinyurl.com/33na5 quote

Feel free to post/add this. I wrote it some time ago for a 
corporate lawyer who wondered what the GPL exception was. 
Names and companies removed not because I think they are 
ashamed, but because I don't want people to read too much 
into them.

Linus

/quote

D) http://www.oksid.ch/license/rms.html quote

Here is a copy of a discussion that I had with RMS about 
the GPL. This was a private discussion, because RMS has 
rejected my proposal to talk about it on gnu.misc.discuss. 
That's the reason why I have removed all RMS's answers. 

[...]

Hello,

I would like to have your opinion about this article :
http://www.linuxjournal.com/article.php?sid=6366

The official FSF's opinion is OSI is wrong.

Do you have a personal opinion about that ?
Maybe can we talk about it on gnu.misc.discuss ?

[...]

 Does it mean that all Solaris programs are copyrighted 
 by SUN ?
 
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You confirm what I'm thinking : you don't have any valid 
arguments.

/quote

regards,
alexander.

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Re: For Approval: NASA Open Source Agreement Version 1.1

2004-02-14 Thread Russell McOrmond
On Fri, 13 Feb 2004, Richard Schilling wrote:

 I believe that is a misguided concept in open source licensing that 
 some hold to.  Tracking the use of a product does not make a license 
 non-open source.  Open Source licensing deals with accessibility and 
 cost, but tracking, per se, is not even relevant to that 
 characteristic.  In fact, tracking the uses of open source is a *key* 
 marketing tool and the only way we can judge if an investment of time 
 into open source is paying off, is it not?

  Are you deliberately trying to open a can-of-worms here, or do you 
really not understand the problem?

  Back in 1998 there was a claim that Open Source was intended to be a
marketing term for Free Software.  Since that time there have been many
attempts to make it into something extremely different such that it was no
longer a marketing term for the freedom to run, copy, distribute, study,
change and improve the software.  In order for these to be freedoms it
should be obvious that these things be able to be done without additional
fee and for citizens to do so anonymously.

  Whether a critical feature of the Free/Libre and Open Source Software
movement runs contrary to the marketing goal of a specific organization is
largely irrelevant.  As soon as you track software is it no longer FLOSS,
and I would hate to see the OSI change the definition of Open Source to
the level that I could no longer trust its endorsement of any license.  
The value of the OSI to the community would effectively be gone at that
point.


  Please don't push this can of worms into this conference any further
than it is already there.  The OSI has a very good definition to match
against licensing currently, and I would hope that the OSI would not erode
them to the level you suggest.  Your suggestions that the lawyers at NASA
would know better than OSI how to meet the goals of Open Source is
entirely backwards.

---
 Russell McOrmond, Internet Consultant: http://www.flora.ca/ 
 Perspective of a digital copyright reformer on Sheila Copps, MP.
 http://www.flora.ca/russell/drafts/copps-ndp.html
 Discuss at: http://www.lulu.com/forums/viewtopic.php?t=2757

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