META. Where is the archive?

2000-09-27 Thread Dave J Woolley

The mailing list help tells me how to retrieve a 
numbered message fromt the archive, but not how
to search the archive.

How does one do it?

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RE: What license to pick...

2000-09-29 Thread Dave J Woolley

 From: Lionello Lunesu [SMTP:[EMAIL PROTECTED]]
 
 so we can ge more organised). We definately want to prohibit commercial
 use
 (I guess GPL covers this), but we also want to be notified of any changes
 
The GPL encourages commercial use (I may be wrong, but
I have a feeling that the OSI rules require all their
licences to permit it as well).

First, of course, one has to define commercial use, and
this is the great problem with "no commercial use" claues.

Some people mean actually selling the software.

Some include giving it away as to someone with whom one has 
a commercial relationship (e.g. Kermit).

Some mean using it internally in the course of a business
(they may make a distinction between internal use and 
providing access to the software as a service, although
the distinction may be blurred).

The GPL permits all of these activities, but requires that,
in the first two cases, the, possibly modified, source code
be provided under the GPL, and that no licensing conflicts be
created.  For the third case, it permits unpublished modifications
and mixing with code with conflicting licences.

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RE: What license to pick...

2000-09-29 Thread Dave J Woolley

 From: Lionello Lunesu [SMTP:[EMAIL PROTECTED]]
 
 Does the GPL allow us (the toolkit creators) to ask a fee for commercial
 use
 of our toolkit?
 
[DJW:] No.  You can ask a fee for the supply of the 
recorded media and for support, but you cannot
charge for the licence itself.  You can even charge for
the process of creating the binary (although anyone
with the source can create their own binary without paying
you).  You could charge a huge fee, and in some markets that
might work, because the market is small or technically 
unsophisticated.

People like Red Hat are charging you for the media and the 
pressing of the Linux CD image onto that media, packaging,
support and printed documentation++, not for the copy of the 
code and the licence to use it.

I think RH may make documentation available on a GPL type
basis, but I believe one of the FSF's concerns is the number
of free packages that really need commercial documentation
before you can use them.
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RE: simpleLinux Open Documentation License (sLODL)

2000-09-29 Thread Dave J Woolley

 From: SamBC [SMTP:[EMAIL PROTECTED]]
 
 http://www.simplelinux.org/legal/sLODL.html
 
 Opinions on OS-ness and legality, and general good/badness, pls
 
[DJW:]  The HTML is invalid, although it makes an
exceptionally good attempt to use elements for their
intended purpose (possibly top 2 percentile in that
respect!).

"Transparent Media/Format" - Any format/media of storage in which the text
and graphics are machine-readable and editable, using programs which are
available both free of charge and free from restrictions of use (eg HTML,
plain ASCII text, XML where the document data type is 'free'). 

You mean document type defintion, not document data type.  A
"free" DTD is not sufficient as DTDs only define the
mechanically checkable syntax rules not the semantics.
There is an alternative, called schemas, that goes a lot
more towards semantics, but I've still to read up on them.
With a DTD, it might be possible to make Word 2000 "HTML"
comply with this example.

HTML is too loose.  Often people mean a combination of the
tags from published HTML DTDs with proprietory tags (often
in an order that cannot possibly be described by a DTD or is
not descibed by the one they claim), with GIFs, JPEGs, 
Javascript and styles sheets.  Many may even include Flash and
other ActiveX components.

People may consider Word 2000 "HTML" (even though it is really
XML and requires Word to edit sensibly) as HTML.

Particularly if you include proprietory elements, you need 
commercial browsers, which have export restrictions with respect
to about half a dozen countries.

The HTML document may well be auto-generated and not the true
revisable form document.

The examples exclude much more open SGML document types than 
HTML, like docbook.

The images associated with HTML may well not be the revisable form
(as well as the GIF patent problem).  The revisable form may 
contain layers or may be in a vector drawing format.


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RE: simpleLinux Open Documentation License (sLODL)

2000-10-02 Thread Dave J Woolley

 From: SamBC [SMTP:[EMAIL PROTECTED]]
 
 Really??? What was wrong with it - I did it all by hand, so I thought it
 wouldn't have any weirdness
 
[DJW:]  No DOCTYPE and blockquote immediately subordinate to ul, see

http://validator.w3.org/check?uri=http%3A%2F%2Fwww.simplelinux.org%2Flegal%2
FsLODL.html

 What is the version number for 'current' w3c standard HTML? I will specify
 that as the example when I find out.
[DJW:]  
4.01 for HTML, XHTML 1.0 for the latest released standard.
Note that there are probably no fully compliant browsers
for either of these.  CSS2 for style sheets.

  The HTML document may well be auto-generated and not the true
  revisable form document.
 
 Still transparent though - that is the condition, rather than the original
 form being required. You think I should speify original form?
 
[DJW:]  That's weaker than the full GPL, which requires the
form normally used for making changes.  Some people have
proposed using obfuscated source to get round the GPL, but
this requirement tends to invalidate that attack. 
[DJW:]  
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ADMIN - All contributions are being bounced to heder From:

2000-10-19 Thread Dave J Woolley

Apologies for sending this on list, but attempts to
communicate using a guessed list owner address failed
but didn't bounce and the ISP that is the target of
the relevant MX records says they are no longer customers
and disclaims responsiblity.

Ever since I subscribed to the list, every posting I
make, and I assume every posting anyone else makes,
receives a bounce like the following. Unfortunately
something (probably Exchange here - not my choice) 
strips the headers from the bounced message, so I
can't work out who is forwarding this.

However, someone is using broken mailing software to
forward contributions to the list to an invalid
address.  Some software in the chain is broken.  The
forwarding software should have set its own envelope
address to catch bounces, and definitely not copied the
header From: to the envelope.  Jaring should bounce to
the envelope address, and the list should set the 
list owner as the envelope address (Exchange/Outlook
strips the envelope, so I can't tell whether there is 
a problem with the list, but, generally, Unix based list
software gets it right).

This has been happening since at least late September.
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 -Original Message-
 From: Mail Delivery Subsystem [SMTP:[EMAIL PROTECTED]]
 Sent: Thursday, October 19, 2000 12:28 AM
 To:   [EMAIL PROTECTED]
 Subject:  Returned mail: Host unknown (Name server: deanna.my: host
 not found)
 
 The original message was received at Thu, 19 Oct 2000 07:27:41 +0800 (MYT)
 from root@localhost
 
- The following addresses had permanent fatal errors -
 [EMAIL PROTECTED]
 
- Transcript of session follows -
 550 [EMAIL PROTECTED] Host unknown (Name server: deanna.my: host not
 found) ATT17231.TXT  RE: NASM Licence 

 ATT17231.TXT


 From: Nelson Rush [SMTP:[EMAIL PROTECTED]]
 
 Julian Hall said that portions of code from NASM may be used in GPL'd
 code,
 but that the portions included remain under the NASM license and not the
 GPL. He pointed to Section VII for reference.
 
[DJW:]  That would appear to make the resulting licence
to distribute void under clause 7 of the GPL; any 
redistribution would be a copyright violation for the
GPLed parts.

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RE: NASM License

2000-10-20 Thread Dave J Woolley

 From: William Abernathy [SMTP:[EMAIL PROTECTED]]
 
  IV. The Software, or parts thereof, may be incorporated into other
  software which is not freely redistributable (i.e. software for
  which a fee is charged), as long as permission is granted from the
  authors of the Software. The authors reserve the right to grant this
 
[DJW:]  A licence is just the giving of permission, so
all this is really saying is that the current licence
does not permit theses activities, but notes that the
copyright owners may be prepared to grant alternative
licenses.  They could always grant such licenses, unless
there were a contract to the contrary, or it would 
conflict with a licence applying to material they had used
which was not owned by them, so the fact that
they are willing doesn't seem to change the legal position,
and is therefore purely informative.

IANAL
 

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RE: Do programs compiled with a GNU compiler have to be open source?

2000-10-30 Thread Dave J Woolley


 From: Andrew J Bromage [SMTP:[EMAIL PROTECTED]]
 
 I would think that it would be exceedingly hard to argue that the output
 of a compiler is a derivative work of (or "work based on") the compiler
 or any standard libraries that must be provided as part of a conforming
 
[DJW:]  The FSF appears to consider use of the standard
libraries to constitute a derivative work, but licenses
them under a weaker licence that permits their use, but
still requires the library source code to be supplied.

This is only true of the core libraries; soem libraries are
under the strict licence.
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RE: LGPL clarification

2000-11-01 Thread Dave J Woolley

 From: Bryan George [SMTP:[EMAIL PROTECTED]]
 
[DJW:]  IANAL
 Under current copyright law, reproducing a similar concept, even using
 different language, would be a violation once I've been exposed to the
 
[DJW:]  Are you sure of this.  I thought that this
was one of the key differences between patents and
copyright.  (Obviously a straight translation into
a foreign language would be a violation, but I thought
that paraphrasing was different.)

 original work, so I couldn't write a license from scratch that resembled
 the LGPL either without FSF permission.  Given that the probability that
 FSF would give that permission to someone outside FSF is roughly, oh,
 zero, that means that the LGPL is for practical purposes the only Open
 Source license that can ever exist to cover libraries.
[DJW:]  
I would have thought that refusing permission would
have been in conflict with the position on patents
taken by the GPL and key members of the FSF, even
if you are correct about copyrighting concepts.

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/IANAL

  



RE: Misunderstanding of the basics?

2001-01-15 Thread Dave J Woolley

 From: Ralf Schwoebel [SMTP:[EMAIL PROTECTED]]
 
 And here it comes: We are less strict than the GPL, you SHALL and GPL
 says you MUST,
 I can not see why the OSI should not accept that?
 
 
[DJW:]  In typical compliance language, SHALL is the most strict
level of compliance.  I'd normally treat MUST as a synonym.

In any case, the GPL is only requiring that you record the removal
of the code, whereas you are forbidding its removal, in this clause,
not the one you quoted:

3.3. You are not allowed to modify, delete or suspend the IPL code
concerning
the License Key. If you use parts of the IPL Code in your own software
you are
obliged to include all IPL Code concerning License Key in your code in a
way
that any user of your software has to have a License Key from intraDAT.
This
clause shall only be applicable for IPL Code which includes code for
License
Keys or for such code for which on www.intradat.com is stated a License
Key is
required. 


In fact, I would interpret any restriction that a licence key check
be retained as being a conflicting licence, making the GPL void.

[ IANAL ]

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RE: Cherry-picking license proposals

2001-01-22 Thread Dave J Woolley

 From: Carter Bullard [SMTP:[EMAIL PROTECTED]]
 
 Is the OSI trying to make a determination that two
 different legal documents are functionally equivalent?
 
[DJW:]  As I understand it, they are determining 
whether the licence is a member of the set of 
possible "open source" licences. 

 The place to define the liabilities and remedies is in the
 license.  My companies license has some detail in this area.
 
[DJW:]  IANAL, but I believe that it can only be
done in a contract.  Many "licenses" are actually
both a licence and a contract, and some of the
arguments about shrink wrapped licences are about
whether a contract actually exists.  In English, law
contracts require an offer, acceptance of that offer
and a consideration (something given in return). It
would probably help if "open source" licenses that 
attempt to go beyond a statement of permissions 
explicitly identified all three components.
[DJW:]  

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RE: To the keepers of the holy grail of Open Source

2001-01-23 Thread Dave J Woolley

 From: Bryan George [SMTP:[EMAIL PROTECTED]]
 
 I was going to suggest that - presumably anyone with pockets for Office
 can pick up a copy of Acrobat as well, and the reader's free and
 multi-platform.
 
[DJW:]  There are royalty free and "open source" tools for
creating and viewing PDF, from third parties (e.g. recent 
ghostscript, and ghostscript old enough to be GPLed).

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RE: [Fwd: Germany]

2001-01-29 Thread Dave J Woolley

 From: Ravicher, Daniel B. [SMTP:[EMAIL PROTECTED]]
 
 The rest of the world does provide these automatic warranties, but we at
 least let intelligent people bargain them out of a contract.  Why should I
 be forced to pay for a warranty I don't want or need?
 
[DJW:]  I seem to remember that there are actually
different rules in the UK for members of the public
(consumers) and businesses; at least at one time, 
I believe this is one of the reasons why businesses
were reluctant to sell specialist products direct. 
(Businesses being assumed to understand what
they are buying.)
  
[DJW:]  [IANAL]

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RE: Converting/Splitting Code - Open to Closed

2001-02-16 Thread Dave J Woolley



 Forutnately for us Europeans, that doesn't apply here - software and
 algorithms are, IIUC, non-patentable in Europe. IANAL
 
 
[DJW:]  The recent UK government consultation paper++ on
the possibility of introducing US like software patents
said that European law allowed software patents where the
invention had "technical effect", but didn't define 
"technical effect".

I'm not competent to interpret it and I'm sure the lawyers will
not attempt to interpret except in the contezxt of a specific 
client relationship, so there has to be an element of FUD
there.  (I didn't get the impression that this was limited to
"embeded *systems*".)

++ Unfortunately they didn't archive the URL, so it is now 
a dead link.  However, I believe the EEC is still considering
the issue of software patents and had had some advice against
taking them to US levels:

http://europa.eu.int/comm/internal_market/en/intprop/indprop/softpaten.htm

One telling quote is:
The current legal situation is unsatisfactory because it is lacking clarity
and legal certainty. Computer programs "as such" are excluded from
patentability. Yet, thousands of patents for technical inventions using a
computer program have been granted by national patent offices and by the
European Patent Office (EPO).
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RE: Wording in Open Source Definition

2001-02-16 Thread Dave J Woolley

 From: Richard Boulton [SMTP:[EMAIL PROTECTED]]
 
 We were unable to come to a satisfactory agreement, so I am asking this
 list:  "Is it permissible in any circumstances for an Open Source license
 to require a royalty or other fee for sale of the software?"
[DJW:]  
The GPL is Open Source and the answer for the GPL is,
as I understand it:

No licence fee may be charged for the use of any intellectual 
property in the software (i.e. copyright or patent licences).

An indefinitely large fee may be charged for:

- the media;
- placing the software on the media;
- warranties;
- support;
- etc.

This fee is is between the immediate supplier and immediate
recipient; a supplier cannot insist that the recipient charge
anyone down stream, although, I would hope, that they could 
impose a restriction that they would not provide any support or
any warranty to an indirect recipient, or allow the the immediate
recipient to act as their agent in selling support and warranty 
downstream.

I think you will find that RedHat is based on the ability to
charge in this way.

(The one restriction on supply charges in the GPL is that, once 
executables are supplied, charges for source must be based on 
true copying, handling and media costs, not on what the market will
bear.  One point of the GPL is that the market will not bear large
prices when anyone can redistribute or support the software.)

IANAL




RE: boomberg bloopers

2001-02-19 Thread Dave J Woolley

 From: Chloe Hoffman [SMTP:[EMAIL PROTECTED]]
 
 Predatory pricing is the act of someone with market power selling
 something 
 below the marginal cost thereof with the primary intent to drive out 
 
[DJW:]  The marginal cost of software is very low, which is
why this issue arises in the first place.

If you are not allowed to include design costs, such a 
definition would not be much of a problem for "free" software.

Incidentally, the subject of this thread is based on a false
premise that you cannot charge for the supply of Open
Source software.

Actually, traditionally, Open Source software has been paid for
with other Open Source software and with maintenance programming
of the application, so, traditionally, the real costs has been 
higher than the acquisition cost.  This is not true of many end
users today.

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RE: What is Copyleft?

2001-02-22 Thread Dave J Woolley

 From: Ryan S. Dancey [SMTP:[EMAIL PROTECTED]]
 
 If I write a copyleft free program for Windows, I should be able to load
 and
 link at runtime to any DLL in the system, regardless of whether or not
 that
 DLL is free code or not, shouldn't I?  How else could a Windows program
 ever
 
[DJW:]  My understanding is that the restrictions only apply
to the distribution of code. They are designed to stop people
distributing code which forces the recipient to have to pay
for a licence to use a pre-requisite library (static or dynamic).

If that is correct, you can write a program that is derived
from copylefted code and load it and link it with any DLL you
like, but you cannot give it to someone else if they cannot
sensibly use it without first obtaining that DLL.

The real borderline case is when you supply a token version of
the library.  I seem to remember that this hinges on whether the
full function of the copylefted code is accessible with that
token library.

IANAL
[DJW:]  

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RE: What is Copyleft?

2001-02-23 Thread Dave J Woolley

 From: Ryan S. Dancey [SMTP:[EMAIL PROTECTED]]
 
 
 Is the argument that a run-time link to external code creates a derivative
 work (in the sense that the copyright statutes define a derivative work)
 of
[DJW:]  
I don't think so.  It think the argument is about taking
GPLed code that doesn't link with the library and deriving a
work that does link with the library.  Whilst it is arguable
as to whether the FSF's current interpretation of their licence
is consistent with what the licence actually says, a copyright
owner does have the power to license code with a restriction that
derived works may not be dynamically linked with certain
categories of shared library.

 the Program and the external code?  Under this theory, you couldn't use
 GPL'd code with RPC or HTML or SMPT or any other inter-process
 communication
 system unless the whole system was GPL'd!
[DJW:]  
I don't believe there is any problem in using it even with
proprietory
shared libraries providing that the shared library is being
substituted for a licence compatible one.  The problem is in
producing
a derived work specifically intended to be used with a proprietory 
library, including the thorny cases of various devices intended to
artificially create the first situation.  You can also do what you
like for internal use.

To be more concrete, if you develop a library that implements an 
algorithm for predicting future prices in the widgets market but
decide that, to save development costs, you should use a GPLed user
interface library, if you could dynamically link without
restriction,
you could create a GPLed user interface that was only useable with
your program to achieve something that you would not be allowed to
do if you statically linked.  You would therefore have produced a 
complete work in which the GPLed part was only useable as part of
the proprietory whole.


 If I understand the internals of the situation correctly (which I may
 not),
 a program that binds to a DLL at runtime does so through the mediation of
 the OS.  Data is packaged, handed to the OS, the OS moves it from the
[DJW:]  
In general no.  In general a few addresses in the code are
fixed up by the loader.  A small amount of code may get added
in some implementations, but that code is normally self contained.

IANAL
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RE: What is Copyleft?

2001-02-23 Thread Dave J Woolley

 From: Rod Dixon, J.D., LL.M. [SMTP:[EMAIL PROTECTED]]
 
 Interesting point. In the ordinary course of programming, I suspect there
 would be no derivative work created, hence the GPL should provide no
 obstacle for distributing the program as open source. As you mentioned,
 
[DJW:]  In the normal course of programming the host
program will be combined with the header files (or typelib)
from the libary to produce the object code and the further
reference will be made to the library in producing the 
final, executable.  You would need clean room development
to avoid this.

One other point is that the argument is about whether the 
letter of the GPL allows something rather than whether the
spirit does.  If the letter is found defective, it is resonable
to assume that the next version of the [L]GPLed code will
have a licence that is no longer defective.  You would then
be stuck with having to maintain a separate development branch.

IANAL 
[DJW:]  

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RE: What is Copyleft?

2001-02-26 Thread Dave J Woolley

 From: Ryan S. Dancey [SMTP:[EMAIL PROTECTED]]
 
 The function prototypes in header files almost certainly cannot be
 copyrighted, thus there's no point in licensing their use.  In fact, you
 can
 almost always call an exported function by ordinal number, thus I wouldn't
 even have to include the actual function names in my non-licensed code; I
 could just call the functions by ordinal rather than by name.
[DJW:]  
The LGPL explicitly discusses this case, saying that a derivative
work may not exist, but even if it does, providing that the worst
you do is include 10 line inline subroutines, they will not impose
restrictions.  So, for most normal cases, the unlinked object case
either
doesn't require a license or gets an unrestricted one.

 In my opinion, not a derivative work, because the parts are never combined
 into one work.  In my opinion, from the standpoint of making a work a
 derivative work, the law does not understand or care about the concept of
 a
[DJW:]  
There is part of the wording of clause 5 that might be taken to
read that 6 should apply to a dynamically linked executable, even
if it is not a derivative work.  I believe they can say that 
inputting the dynamic library to the linker is restricted even if
none of it comes out.

IANAL

[DJW:]  

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RE: license - copyright

2001-03-02 Thread Dave J Woolley

 From: John Cowan [SMTP:[EMAIL PROTECTED]]
 
 Yes.  In the U.S. (and in practice everywhere), such a
 transfer must be in writing and signed by the
 developer.
 
[DJW:]  The Free Software Foundations 
assignment form, quoted recently,
appears to be in the form of a contract.
It includes a token payment to establish
a "consideration".  *** IANAL ***

 No, the date that it was first fixed in a tangible
 medium such as paper, canvas, stone, or a hard disk.
 The date is not required, but makes the way of
 the infringer hard -- he cannot claim that he
 didn't know the work was still in copyright.
[DJW:]  
I'd heard that it was the year of first publication;
international copyright law gives only limited 
protection to unpublished works.  *** IANAL ***

 -- 
 
[DJW:]  

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RE: license - copyright

2001-03-02 Thread Dave J Woolley

 From: Toon Knapen [SMTP:[EMAIL PROTECTED]]
 
 Do you mean that, if you release your work under
 the GPL license that the FSF becomes automatically
 the copyright owner ?
 
[DJW:]  Gnu is not the same as GPLed.  Gnu
is things like GCC, not things like the Linux 
kernel.

As I already mentioned, the FSF have a specific
form for assigning copyright.

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RE: Apache vs. BSD licenses

2001-03-22 Thread Dave J Woolley

 From: phil hunt [SMTP:[EMAIL PROTECTED]]
 
 source products, but only if the result becomes open source after
 a time delay, say 3-5 years. This is plenty of time for a company
 to gain revenue from the sale value of software, and should
[DJW:]  
That sort of time figure agrees with my idea as to
the time limit that should be applied to most software
patents, and for similar reasons.
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RE: The Open Source Definition: 3. Derived Works

2001-03-28 Thread Dave J Woolley

 From: Christoph Steinbeck [SMTP:[EMAIL PROTECTED]]
 
 I have a problem understanding point 3. Shouldn't it be: "The license
 must ... require them to be distributed under the same terms"
 instead of "... must ... allow them to be ...". 
 
[DJW:]  That's one of the ways in which the GPL is more
restrictive than the OSD definition.  Such a definition
would take the BSD, XFree and various other licenses 
outside the definition, probably more than halving the
amount of software covered.

The intention is clearly that the GPL be covered by the
OSD definition, so you can be "open source" but GPLed if
you want a more restrictive definition.  Note that you 
cannot always merge software from two different OSD
compatible licenses.

I would guess that one of the main starting points for 
the OSD was that GPL and BSD licenses both be fully 
compatible.

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RE: GPL and Copyright Notification

2001-04-17 Thread Dave J Woolley

 From: August Zajonc [SMTP:[EMAIL PROTECTED]]
 
 Note: If this has been covered before, I'd be happy for a pointer to the
 proper list thread or FAQ.
[DJW:]  
This is GPL specific, so ought to be asked on the USENET
gnu.misc.discuss (?) group.

 Powered by MyCoolSoftware
[DJW:]  
IANAL but I believe that any requirement to include the above line
would be in breach of the GPL as it would be an additional
constraint.

 Copyright 2001 MyCoolGroup
 
[DJW:]  The GPL is founded on copyright, so it is essential that
the copyright ownership of any GPLed work is clear.  Original
parts of a derived work remain the intellectual property of the
original author and they are the people that own the copyright of
those parts.

On the other hand, this notice is misleading, as it implies that
using the software assigns the copyright of the discussion content,
which would be an additional constraint and not allowed.  In most
cases, it seems to me that the FSF actually grant additional 
permissions so that the equivalent of the generated web page is not 
considered a derived work of the program.

As I understand it, in Europe, the original author has a legal
"moral right" to be identified as the author even if the copyright
is assigned, so attempting to hide the true origins of the code
might also breach a right that cannot be waived.

As I understand it, the requirement to display copyright notices
is inteded to insure that people realise the program is copyrighted
and are also made aware of the licence document.  It may
well be acceptable to give a reference to the full list of coyright
owners.

You appear not to have met what is probably the most imporant
requirement,
which is a pointer to the text of the GPL.

IANAL
[DJW:]  

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RE: OpenLDAP license

2001-04-17 Thread Dave J Woolley

 From: Frank LaMonica [SMTP:[EMAIL PROTECTED]]
 
 I agree with you completely.  BSD is one of the only software licenses
 that allows PEOPLE the freedom they need to establish their own business
 objectives.  I would go even further to say that there are only three
[DJW:] 
There are different balances.  BSD favours 
businesses that use the software but means that 
the original author may not benefit as much.  Open
source is most likely to happen when both parties 
gain a benefit.

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RE: namespace protection compatible with the OSD?

2001-04-19 Thread Dave J Woolley

 From: phil hunt [SMTP:[EMAIL PROTECTED]]
 
 
 I hope this is not the case. I wouldn't like Microsoft to have the ability
 to suppress WINE because it uses the Windows API.
 
[DJW:]  They are attempting to achieve something
similar for MS Office products.  The MSDN Library
licence forbids the use of the file format documentation
for Word, etc., for what I interpret to
be:
- software that does not run on Windows;
- software that attempts to compete with MS Office.

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RE: namespace protection compatible with the OSD?

2001-04-19 Thread Dave J Woolley

 From: Lawrence E. Rosen [SMTP:[EMAIL PROTECTED]]
 
 hypocrisy.  As the open source community has long since proven repeatedly,
 particularly with its contributions to Internet-related software, the
 enforcement of appropriate standards can be encouraged and achieved
 without
 recourse to licenses that prevent effective open source development.
 
[DJW:]  However, my impression is that that only holds
whilst the implementation is in the open source arena.
Closed source developers tend to be the ones that create
the greatest travesties of open standards, so it is possibly
not surprising that the same people are wary of creating
open standards - they may be judging other people by
their own standards.

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RE: tomsrtbt license

2001-04-20 Thread Dave J Woolley

 From: Tom Oehser [SMTP:[EMAIL PROTECTED]]
 
 * no way supercedes or nullifies any other protections on the component
 parts *
 * such as the BSD and GPL copyrights which apply to practically
 everything!!! *
 
It seems to me to mislead as to the copyright ownership, mislead
as to the rights under the GPL (people can extract the GPLed 
material without mentioning your package, but the implication
is to the contrary) and confuse styles
of licence with the copyrights that those licenses relax, not to
mention begging the defintion of breaking into two.

IANAL

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RE: Is this better for tomsrtbt?

2001-04-25 Thread Dave J Woolley

 From: Tom Oehser [SMTP:[EMAIL PROTECTED]]
 
 Now, again, as I read it, if I provide an http or ftp directory, which
 contains 10 files, and one of those has all the licenses, and one is the
 tarball that makes the floppy, and one is an html file that clearly lists
 both and explains what they are and why, then *I* am in compliance with:
 
[DJW:]  The problem here is that you can almost 
guarantee that people will deep link to the floppy
constructing tarball, defeating the whole purpose of
the requirements that the licence accompany the software,
i.e. to ensure that every recipient is fully informed of
the licence.

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RE: Real-World Copyright Assignment

2001-06-20 Thread Dave J Woolley

 From: Greg Herlein [SMTP:[EMAIL PROTECTED]]
 
 The goal, as I have defined it for my project, is that if you
 want to use my libraries in your project and your project is open
 source code - ie, the code is available for inspection and
 derivation, and no commercial fees are charged for derivative
[DJW:]  
That's a subset of commercial use.  Some people, e.g.
the kermit people, consider distribution for profit on
a CD to be commercial use.  They also consider any 
distribution were there is a commercial relationship
to be commercial, but both are allowed for open source.

Some people consider internal use by for profit 
organisations to be commercial, but this sort of use
is definitely permitted for open source.

Some open source licences permit conversion to binary
only, non-redistributable, form, but others don't.
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RE: License Question

2001-06-20 Thread Dave J Woolley

 From: Stephane Routelous [SMTP:[EMAIL PROTECTED]]
 
 Does exists an OpenSource license which allow to be paid if the Sofware is
 used in a commercial application ?
[DJW:]  
Allow: yes. Require: I believe not.

In addition, you may insist on payment before supplying the
software, but you cannot prevent anyone who already has it
from undercutting your price, and supplying it themselves.

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RE: GPL and closed source

2001-07-12 Thread Dave J Woolley

 From: Carlo Wood [SMTP:[EMAIL PROTECTED]]
 
 Selling closed source plugins wouldn't be illegal anyway,
 but wouldn't it be illegal for the buyers to link the bought
 plugins with the GPL-ed opensource?  If so then that means that
 
My impression was that the FSF only really cared about 
re-distribution, so the real issue would be with the 
fact that the proprietory plug-in might have to be linked
against a copy of the shared library by the supplier, 
a borderline case, needing a real lawyer.  My impression is
the whole area is sufficiently borderline to require
a real lawyer.

There are precedents for GPLed containers running proprietory
code, e.g. the Linux HP Desk Jet drivers (this might be LGPL).
The proprietory part is not linked - I think the communication
is either through pipes or through sockets.
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