Re: This source code is subject to the U.S. Export AdministrationRegulations

2002-09-26 Thread Ben Bucksch

anthony hill wrote:

 Could not Mozilla be virtually based somewhere more amenable to the 
 open source philosophy. 

And the developers? Shall they and their families move, too?




Re: Do triple licenses potentially force branches on the communityor other dead-locks?

2002-07-19 Thread Ben Bucksch

Ralf Hauser wrote:

 ii) Contributor G applies Modification 1 and creates a 
 ContributorVersionGPL.C with it, licenses it with GPL and includes it 
 in her GPL Larger Work.

This is expressedly discouraged by both mozilla.org and Richard Stallman.

 1) I guess T does not have the right to just take parts of 
 Modifications 1 into a ContributorVersionTRI.b.C and distribute with 
 the LargerWorkArbLicensed.

Correct.

 2) Can G help T doing so?

Keep the tripple-license.

 3) Or is there a timing/rigidity issue? Should G first publish her 
 modifications under the less rigid license (i.e. the triple license) 
 in the same repository as ID published OriginalCode.C

(or in a repository of G, but that's much less practical.)

 and only then proceed to step ii) with the more restrictive GPL?

Yes. Step ii) is only a thought/legal step and most people think that it 
does not have to be performed actually.


I have a question of my own, though:

I have heard the argument of some GPL-zealots that Mozilla is now or 
soon to be available under the GPL and that we could thus theoretically 
use GPL (not LGPL) libraries. It would make it impossible to distribute 
other propriatary libs with it, but that is often seen as advantage my 
these people. They have thus refused to relicense the lib under LGPL or 
even MPL, although they considered it previously. Case in point is the 
GPGME library to access GPG. Another case might be the GPL Flash 
implementation (I haven't heard from that author yet).

Personally, I find it inacceptable to be forced under the GPL and thus 
make it impossible to distribute Macromedia Flash with it and maybe even 
impossible to *offer* Macromedia Flash for it, just for 1 or 2 GPL libs. 
I had no success to argue that with those people though (Lesser GPL, 
all the world must be under GPL, bla bla).

(For the record: I am against monopolies, even if the monopoly is the 
GPL. Eventhe GPL has IMO weak and imperfect wordings and we should not 
all be forced to use that one license. I think that LGPL, BSD and MPL 
are just as reasonable licenses and that all Open-Source should be 
possible to be combined, but the GPL disallows that.)

Ben




Re: Freedom, NPL, and SeaMonkey 1.0

2002-05-17 Thread Ben Bucksch

Ralph Mellor wrote:

 Aiui, the NPL is not a free license.

It might not be approved as such, but why shouldn't it be Free or 
OSI-compliant? It is essentially the MPL plus some license terms that 
give Netscape some additional special rights. Those rights are not much 
different to the GNU's right to issue new GPL licenses and have them 
apply to code under old licenses.

 Aiui, some files in the Mozilla codebase are NPL
 only. These files are not dual or triple licensed.

 Note here that I am talking about the best possible
 view of the situation: if the tip file currently in
 CVS is NPL only, I still would not count that as NPL
 only if Netscape have already given permission for
 that file to be dual/triple licensed so that it is
 already really free. 

IIRC, Netscape allowed all NPL files in Mozilla to be tripple-licences 
and the CVS tree licenses should reflect that. If they don't, that's a bug.

 So, with the above clarification of NPL only, are
 any of these NPL only files used in SeaMonkey 1.0?

No. (To my understanding)

 If not, great. Please just answer yes to the above
 and ignore the rest of this email.

Well, that no doesn't really help you practically. The [L]GPL (your 
other alternative for these files in that case) doesn't allow to be 
mixed with the MPL, and we have MPL-only files in the tree. That means, 
as soon as you compile and distribute Mozilla, you have to decide for 
either NPL/MPL or GPL or LGPL. The latter 2 ae no options, because there 
are MPL files. Internal use doesn't matter, because the [L]GPL doesn't 
care about internal use (dunno about MPL/NPL).

I am not a laywer, just my personal understanding.

Ben




Re: Freedom, NPL, and SeaMonkey 1.0

2002-05-17 Thread Ben Bucksch

Ralph Mellor wrote:

 OK. Hmm. So SeaMonkey is free, but incompatible
 (in terms of mixing source) with some other free
 software. Is that correct? 

Well, some other Free Software is incompatible with Mozilla (if under 
the MPL), yes. I say it that way around, because it's terms in the GPL 
that disallows the merging, not the MPL.




Boilerplate additions

2002-03-21 Thread Ben Bucksch

Hi Mitchell, hi Frank,

is the following addition to the MPL/GPL/LGPL boilerplate OK for new 
files in existing Seamonkey modules (Mozilla.org code), reflecting the 
fact that I'm not AOL ;-P ?

Quick answer appreciated, since I'd like this code to get into 1.0.

Thanks in advance.

Ben

/*
 * Unlike stated in the License, this License shall be governed by
 * German law provisions. Any litigation relating to this License shall be
 * subject to German jurisdiction.
 * Once Covered Code has been published under a particular version of the
 * License, You may always continue to use it under the terms of that 
version.
 * The Initial Developer and no one else has the right to modify the terms
 * applicable to Covered Code created under this License.
 */




Re: Boilerplate additions

2002-03-21 Thread Ben Bucksch

Adam J. Richter wrote:

This came up before with the previous copying permissions
for Python 2.  The Free Software Foundation stated that it believed
that this sort of choice of law restriction would constitute an
additional restriction prohibited by section 6 of the GPL.

I think you misunderstood it. I am merely changing the *existing* 
choice of law in the original MPL license (which choses California). 
License is defined above as the MPL, so that term doesn't apply at all 
to the [L]GPL.

As for the new license versions, that's a clause that the Linux code 
has, too. I don't think that RMS can stand up against that :-).

 From Linux COPYING:

  Also note that the only valid version of the GPL as far as the kernel
  is concerned is _this_ particular version of the license (ie v2, not
  v2.2 or v3.x or whatever), unless explicitly otherwise stated.


Also, you might want to think about what would happen
if somebody wanted to comingle a contribution that was covered
by a similar additional choice of law restriction, but one specifying
a different choice.

I guess that if there are 2 conflicting provisions, the default per law 
applies. (That's the case with conflicting ToSes (AGBs) here in Germany.)

What if there's a problem between a French company and me? I am 
relatively happy with our laws - why should I chose the U.S. law?

Ben Bucksch




Re: Boilerplate additions

2002-03-21 Thread Ben Bucksch

Ben Bucksch wrote:

 License is defined above as the MPL, so that term doesn't apply at 
 all to the [L]GPL.

 As for the new license versions, that's a clause that the Linux code 
 has, too.

Actually, I misworded the clause. I meant

The Initial Developer and no one else has the right to modify the terms
applicable to Covered Code created under the licenses.

(I don't like GNU to change the licenses under my feet without my 
permission either.)




Re: Questions about MPL license

2002-01-02 Thread Ben Bucksch

Bjorn Reese wrote:

Simon P. Lucy wrote:

You can charge as you like for your application, but you won't be
charging for the Mozilla component itself.

What part of MPL says that you cannot charge for Mozilla?

You can, but nobody will pay, because it is available for free. Same for 
your changes to Mozilla code (files).




Mozilla.org's statement to W3C patent policy (and my comments)

2001-10-13 Thread Ben Bucksch


http://lists.w3.org/Archives/Public/www-patentpolicy-comment/2001Oct/1350.html 


Thanks for your thorough statement to the patent policy of the W3C.

 
My comments:

Did you notice that some of your (valid) complaints to the RAND patent 
license also applies to RF patent licenses, to my understanding? Namely, 
the restriction to certain implementations and prevention of incremental 
improvements of the standard (or derivates).

 Even if the W3C chooses not to
 support RAND licenses we would personally love to see the W3C
 require that any Members grant royalty free licenses before working
 in a Working Group.

What I would like to see is that any patent, which is holded by a 
Working Group member and which is touched by a Recommondation of that 
WG, has to be relelase to the public domain, i.e. making it non-existant.

Even RF patent licenses might impose restrictions on uses of the 
standard, and I think that no standard should be restricted in that way.

(With one exception maybe: I could imagine that legal force (like 
patents) is used to enforce standards compatibility of implementations, 
but I am not sure, if that is a good thing.)




Re: Merging MPL and GPL libraries

2001-10-08 Thread Ben Bucksch

Carmi Grushko wrote:

 Is it relicensing my application to MPL/GPL (or even MPL/GPL/LGPL), 
 and that's it ?

Yes, I think so.

 And if it is, as an Initial Developer, I may do this anytime I want 
 to, subject only to my discretion ?

No. If there are other contributors, you have to ask them, too.




Re: Multiple Licencing language

2001-10-02 Thread Ben Bucksch

Simon P. Lucy wrote:

Yes no one will ever see it unless they do a listing output, but that isn't the 
point.  As always the point is to unambiguously define the licence used.

But to whom define, if only you will ever see it? It will end up with 
the current scheme: If you are sued, you claim that you used a 
particular license, but you cannot prove it.

The environment variable though is the critical part of this.

If that makes you feel better, create a file at the top-level of the 
Mozilla tree, stating I use this source under the terms and conditions 
ot the MPL license only.\nSimon P. Lucy.




Re: Reasons for incompatibility GPL-MPL

2001-09-23 Thread Ben Bucksch

Gervase Markham wrote:

 I am asking, because I think that making the MPL compatible might be 
 the better way for the relicensing.

 Please read the FAQ on this issue.

Gerv, as I said, I *did* read the FAQ. Most of the arguments there I 
addressed already. The remaining ones are no-brainers:

 Modifying the MPL itself would have taken more time and effort

There is no support in the FAQ for this claim.

 the Mozilla project (like other projects) was already making use of a 
 multiple license scheme without apparent problems.

There obviously are problems with some people who don't like the GPL. 
Those probably just didn't happen to contribute to NSPR or JS.

 Changing the MPL would also have potentially affected developers who 
 had adopted the MPL for use with their own code, independently of the 
 Mozilla project. If those developers did not like the new MPL changes 
 then they would have to explicitly use an older version of the MPL, or 
 create their own MPL-based license.

We can't know, if other projects would object, if we don't know, which 
terms are those. I don't think, any project would object the removal of 
the jurisdiction clause. In fact, it will probably help some (OpenH323 
for example).

As I mentioned, the GPL incompatibility is a problem for other projects, 
too. They now have to go through the same hassle as we do.

 Finally, changing the MPL would have required re-submitting it to the 
 Open Source Initiative http://www.opensource.org/ for certification 
 in connection with the Open Source Definition 
 http://www.opensource.org/docs/definition.html , another potentially 
 time-consuming process.

That's bogus. The mail I quoted also says that FSF and OSI were quick to 
respond on the new Python license.




Re: Licensing Statistics (2001-09-08)

2001-09-21 Thread Ben Bucksch

Simon P. Lucy wrote:

Also if I have to licence using the GPL then I may be locked out of future 
derivations of my own work.

Unlikely.

If it's a smaller change, that project would have to maintain the change 
as a patch, and maintaining patches is hell, as we experienced.
If it is something larger, it probably involves new files, which could 
always be under different licenses.
Forks are unlikely to survive, unless somebody strong backs it and/or 
mozilla.org does a very bad job.

A GPL forked version may add some feature.  I cannot make use of that feature because 
I cannot use the GPL licenced file,

That feature probably wouldn't exist, if the source were not open for 
GPL projects.

I can't even replicate the feature because it could be seen as a violation of the GPL 
code.

I highly doubt that. GNU were in that very situation when replicating 
BSD/UNIX back then and I doubt that they are so evil to prevent what was 
the basis of their existnce.

there is no way to identify the use of the MPL licence at the time of use and that 
has been the core of my objection all the time and no one has addressed that.

(Answered that in a preceeding mail.)

(Though I noticed that the Beonex run time licence includes the additional licence 
language which confuses me)

The Beonex Comm. run-time license is plain MPL. Is there anything worng 
or problematic about it? I thought that Mozilla binaries were onder the 
exact same license.






Re: Licensing Statistics (2001-09-08)

2001-09-21 Thread Ben Bucksch

Simon P. Lucy wrote:

I know, this I don't understand, i don't see how Galeon and Nautilus can go on, yet 
there's a need to further allow GPL licencing.

The only reason why they still exist is that nobody sued them yet (to my 
understanding; dunno if they fixed the license in the meantime).

Having decided its a dead project for me I'm not proposing to stand on the sidelines 
and throw rocks.

heh. I don't want to throw rocks, but I still have a little hope that 
things will improve.






Re: Licensing Statistics (2001-09-08)

2001-09-21 Thread Ben Bucksch

Simon P. Lucy wrote:

I have said that the only way to use the source is to remove the GPL/LGPL language.  
But its not the binary that matters, you have to make sure for all uses.  This 
effectively still means that I'm estopped from contributing back because I can't 
licence using the GPL.

Why not? I can understand that you fear to *use* the GPL in your 
projects, but why do you fear to *release* your work under GPL, too?

If you want, you can use 2 sets of source: One you get from mozilla.org 
and you do changes there. If you contribute back, you create patches there.

When you compile, you first remove the dual license part. Of course, the 
precompiler already does that :), so I'd just skip it and compile normally.

I thought that was the case.  I believe its a mistake not to pursue deliberate 
violations of source licencing,

Well, you can do so. If you have code in the mozilla.org sourse, you 
have the right to sue, I think.

Of course, I don't think, it's a good idea to sue them, as all they want 
to do is have fun and help the world.

re-licencing to regularise a breach is plain cowardice and a breach of confidence 
with original contributors.

It's not cowardice, it's what mozilla.org wants. It wants to be used in 
projects like Galeon or, say, CrystalSpace (which might want to use XPCOM).




Re: Licensing Statistics (2001-09-08)

2001-09-21 Thread Ben Bucksch

Simon P. Lucy wrote:

Mozilla runs on Linux, no user that uses Linux is really going to care about the 
source licencing.

They do care, but the MPL is acceptable to most.

Developers that wish to combine code from GPL may be affected but I've never quite 
seen the problem like that.

Galeon. Dunno, how it is solved in Nautilus.

Originally, and some might remember this differently, the NPL licence was meant to be 
a limited to I think three years.

V.2 is limited to 2 years. V.3 (which they resort to) doesn't seem to be.

if clauses within the NPL are being used to relicence by the back door

Back door is a nice word.

Regardless of the licencing now or in the future I've separately come to the 
conclusion that Mozilla is a dead open source project, some products may be produced 
but I cannot see the quality improving in the current climate.

It does improve in some areas, e.g. stability and features. PC magazines 
are starting to call us a competition to MSIE. 0.9.2.1 is much better 
than 0.6.
We still have serious problem or are getting worse in other areas, like 
contributor treatment and tree management.
I don't mention details here, because it's offtopic. Please ask, if you 
are interested, and I'll followup to .general.






Re: Licensing Statistics (2001-09-08)

2001-09-21 Thread Ben Bucksch

Simon P. Lucy wrote:

Actually, having read the FAQ, even if I hadn't thought that Mozilla, for me, was a 
dead project it certainly is now.  Forcing developers to licence their own work under 
the GPL simply means that developers such as myself can never contribute back because 
of the risk of having our own future unrelated development and client development 
affected.

Simon, I think you misunderstood the issue. I see 3 cases:

People downloading the Mozilla source have the *option* to use your 
contributed source code under the GPL. Nomally, the source is guarded by 
MPL. Now, if (and only if) the opt to use the GPL instead, *they* are 
forced to follow the GPL terms, which means that they have to release 
the full source of all *their* binaries which link to Mozilla. In other 
word, you get their source, while you aren't forced to do anything.

If you contribute code to mozilla.org and at the same time use it (and 
only it) in one of your products, you don't have to care about the 
Mozilla license, because you have the copyright and you (in most 
countries) have the right to license your work to any number of people 
under any number of licenses.

If you use Mozilla code (presumably with code contributed by people 
other than you) in your app, you don't need to use the option of using 
the GPL. You follow the MPL terms. The dual license explicitly says that 
it's optional to use it under the MPL:
quote src=http://www.mozilla.org/MPL/MPL-1.1.html;
Alternatively, the contents of this file may be used under the terms of 
the _ license (the [___] License), in which case the provisions of 
[__] License are applicable instead of those above.
/quote
Alternative, instead.
If you opt to use the MPL and distribute the binary which includes 
Mozilla code and proprietary code, your users don't get the Mozilla 
portions of the binary under the Mozilla dual license, they get the 
whole binary under the license terms you choose. The MPL allows that and 
Netscape does it. All you have to do is to follow the MPL terms of 
releasing the *source* to your Mozilla source modifications. There, we 
are back at case 1, which, as we already saw, is no problem either.

HTH.

I am not a laywer. This is not legal advice. Feel free to add that to 
the FAQ, if you want, assuming appropriate credit.

Ben






Re: Licensing Statistics (2001-09-08)

2001-09-21 Thread Ben Bucksch

Simon P. Lucy wrote:

I fail to see how contributions will be made back to the tree by those that insist on 
using the GPL.

Not at all.

In which case why bother?

Because Mozilla can't be used by GPL projects otherwise. Note: *used*, 
i.e. compiled and distributed. Development should (!= must) happen under 
the triple license in all cases.

Licencing under the GPL isn't necessary to achieve this, both NSPR and XCOM can be 
used as LGPL targets, and without relicencing under LGPL.

?

And the licences give third parties the right to sue as well as the original 
copyright holders, in fact they give  third parties the right to sue the copyright 
holders under certain circumstances.

Which ones?

but if all these marvellous things are happening in GPLand and they aren;t 
contributed back (I promise you they won't be), then in 6 months time what is the 
point?   Oh yes here is the point, AOL will still get use of the codebase protected 
by the buffer and the original copyright.

I don't understand what you are saying.




Relicensing going on

2001-09-20 Thread Ben Bucksch

It seems like the relicensing is already going on. Did I miss any 
announcements or hasn't this been announced on .license?

I find it somewhat irritating that you now change (NPL code) to the dual 
license, although my understanding was that you wanted to ask each and 
every contributor for permission (incl. contributors to NPL code).

I'm not sure that the special rights of Netscape under the NPL 
amendments (which you cite as the base for the relicensing without prior 
permission) are applicable at all, because it has been suggested that 
this was for Netscape's pre-existing contracts with corporate licensees.
(This is included because Netscape already has certain source code 
licenses in place whose terms differ from those of this NPL. These 
licenses may not require the license back of code, Annotated NPL)
In fact, V.3 seems to cover only Netscape's Branded Code, which is 
distributed under trademark(s) which are controlled by Netscape but 
which are not licensed fpr use under this License, which I interpret as 
the Netscape 6 code (in contrast to the Mozilla code). This would be in 
line with the comments to the license.

Now, as I said in previous discussions, I don't object to that change 
for files where I am a Contributor, i.e. I won't block such a change. 
But I find the current approach somewhat goofy, considering that some 
people here indeed seemed to oppose such a change to a GPL dual license.

I understand how difficult and time-intensive it is to get *all* 
contributors to even *react* at all. But shouldn't you at least make 
some modest attempt? Again, maybe I missed it, but I didn't even see any 
hint that you intend to use any Netscape special rights, and I am on all 
relevant mailing lists (cvs account, code copyright notice, .license, 
.announce).

Can someone please shed some light into this? Maybe I misunderstood 
something?


As for the code where I am the Initial Contributor, would it be 
acceptable for mozilla.org and Netscape (which Contributed some changes) 
that I relicense the code under a more liberal license, which is 
compatible to all of the MPL, NPL, LGPL and GPL, e.g. the BSD or MIT 
license? They are used for some dirs in the Mozilla tree already (in my 
understanding), but the license policy says that the agreement of 
mozilla.org is limited to those dirs.




Re: Licensing Statistics (2001-09-08)

2001-09-13 Thread Ben Bucksch

Simon P. Lucy wrote:

the GPL effectively removes the original
copyright (insofar as original copyright holders have rights to any
derivable product) and gives it away to all and sundry.

The MPL, and a few other licences avoids this imposition.

Does the MPL give the original copyright holder rights to derived 
products? In which way?




Re: Licensing Statistics (2001-09-08)

2001-09-13 Thread Ben Bucksch

Ian Hickson wrote:

You mis-read what I wrote. Nokia do not intend their product to be used as
a Flash Renderer, they intend it to be used as a web browser. The point is
that the plugins are not deriative works (they in fact can be created,
compiled and used totally independently of the hypothetical GPL Mozilla).
They are distinct products. And since they are not deriative works, they
can be shipped together with GPL product without breaching the GPL
license. That, at least, is my reading of the GPL. Did I miss a particular
clause that denies even this?

Macromedia Flash is primarily a plugin. It is a proprietary library 
loaded by Mozilla. I thought, this is what the GPL disallows.

The fact that you *can* run RealPlayer (or Flash?) stand-alone is 
irrelevant, to my knowledge.

That's exactly what happens here - the GPL does not only catch
proprietary code, but also other open-source code, which does nothing
to harm anyone.

IMHO, the fact that free code may be used in conjunction with non-free
code is a problem because it doesn't emphasise that non-free code is
(IMHO) wrong.

Note the may and problem. MPL code (by itself) does not harm you in 
any way, and it is in fact intended to be usually used solely, without 
any proprietary code. I don't see how MPL code would harm you.

*If* you choose to use proprietary code with it, *then* you might harm 
yourself. But you don't have to do so; and even if you do, it's not the 
MPL harming you (but the proprietary code by your very own decision).

FWIW, the english version of that page does not contain the string
forc -- could you point out the exact sections you disagree with?

| Releasing it under the GPL and limiting its use to free programs
| gives our community a real boost. At least one application program
| is free software today specifically because that was necessary for
| using Readline.


How is that forcing anyone? The authors of the application were free to
write their own Readline library -- they made a choice to use GPL software
and therefore be GPL themselves. I consider this a victory, and do not see
where anyone was forced to do anything. Could you explain what you mean?

If I want to use readline, I am forced to use the GPL. That's about as 
much force as the author of readline can exercise, and he makes full use 
of that force.

Similarily, a GPLed Mozilla might force Macromedia to release the Flash 
Player under the GPL. That's about the same force as I am forced to use 
Microsoft products when I want to read MS Word documents. And I very 
much dislike the latter. Why should I exercise a similar force on others?

(Please don't argue with But the GPL is good and Microsoft does it only 
to get even richer. That's not the point and even arguable.)

As a matter of fact, Stallman does consider the MPL to be Free Software 
(in his definition even), and BSD and others, too.

I didn't say he didn't. Yes, the MPL and the BSD are free software
licenses.

You said even An LGPL project should NOT be using free software code, 
although the LGPL is itself Free Software.

My point was that open source and free software are
different, which is easily proved by comparing their definitions.

Can you elaborate what the exact difference is? I find it hard to find.

So, the GPL does in fact violate the goal that free software (in 
Stallman's deinfition) developers should support one another, because 
it disallows the use of these apps together (see below for an example).

No. The MPL (and others) violate that goal by supporting non-free software
as well as free software,

No, support is not exclusive.

thus diluting the message that free software is important.

That message is a completely different issue. It is completely 
arguable, how that message should be carried out.

The GPL does not support developers that support proprietary
software, that was one of the main goals of the GPL. That is in line with
the goal you quote above.

Wrong. The MPL is free software. Developers using the MPL are thus free 
software developers. The GPL does not support them. Thus, the GPL 
violates free software developers should support one another.

You can't distribute it linked with proprietary software, no. That is to
protect your end users -- if you could, then they would not be guarenteed
freedom as well.

How often have I to repeat that? *It is not about proprietary software.* 
*It is about the MPL together with the GPL.* The MPL is not proprietary 
software. Nevertheless, I can't use it with the GPL.

And that in fact harms end-users, because I can distribute Beonex 
Communicator (which is Free Software) with Sun's JRE (which is 
proprietary), but I can't distribute it with kaffe (which is Free 
Software). So, they might end up using Sun's closed-source  JRE, while 
they could be using Free Software only.

As a concrete example, I can't use kaffe to replace Sun's
closed-source JRE, because kaffe is under the GPL and the plugin
interface is to link a lib, not to invoke an 

Re: Licensing Statistics (2001-09-08)

2001-09-13 Thread Ben Bucksch

Ian Hickson wrote:

In practice, though, our ability to be used in proprietary projects has
not really affected our market share relative to the market share obtained
through the Netscape brand release. Therefore if Netscape switched to the
GPL, we could switch to the GPL without this affecting market share.

(Also note that our current miserable marketshare is apparently enough to
keep Microsoft on their toes -- without Mozilla leading the way, would
WinIE6 have a strict rendering mode with as many bug fixes as it does?)

In both cases, it's not the current, but the expected market share that 
matters. After all, a useable product based on Mozilla is only out since 
not even a month.

For code, given the goal of promoting free software principles and
hindering proprietary software if possible, the GPL seems to me to be the
most appropriate license today.

Why are you working on Mozilla then? (Don't misunderstand me - I 
appreciate your work and are glad that you work on Mozilla.) Konqueror 
is GPLed and quite useable already, I heard.

Yes, which is appropriate or even required in some situations.

Like? (Bear in mind that because there is no free equivalent is not, for
me, a valid reason. There was no free equivalent to Unix, the C++
compilers, text editors, web browsers, web servers, mail servers, etc...
until someone decided that there should be.)

And what did Emacs (the first GNU software, to my knowledge) run on? 
Could the need to run on prorietary systems be the reason why the GPL 
stops at the process border (which is pretty arbitary)?

Mozilla lives in a different world, in a world where Microsoft exists 
and where libraries are used in cases where Unix uses processes. How can 
you say that the one license (MPL, LGPL) is (IYO) wrong while the other 
(GPL) is (IYO) the only way to go?




Re: Licensing Statistics (2001-09-08)

2001-09-12 Thread Ben Bucksch

Ian Hickson wrote:

must allow _their_ end users to reverse engineer their
program,

Does their peogram include linked libraries?

which at this stage includes the MSVC++ code, which the end user
is not allwed to reverse engineer.

Who says that? In Europe, reverse engineering is allowed for ensuring 
compatibility.

The only case where I can see a problem is where a specific LGPL
library wishes to use Mozilla's code directly (i.e., not linking to
it). Is there really such a case?

I think so. That's the idea of open-source --

Screw open source.

Oh, we're getting a bit too philosophically for my taste here.

The idea of free software is that ALL users should be
able to run the source, study the source, adapt the source, and
redistribute the source.

Adapt the source (and use it) would not be not possible here.

The LGPL should only be used when it can do this
better than the GPL -- namely, when the service that the library provides
is already commonly provided. The services that Mozilla provides do not
fall into that category,

It does. MSIE is wide-spread and often incorporated in other apps. There 
are a lot of companies which had the choice between MSIE and Mozilla, 
and some of them chose Mozilla (and I think that Nokia chose Linux in 
part because of the availability of Mozilla, while a Mozilla that 
disallows the use of Macromedia Flash and RealPlayer might have been out 
of question).

http://www.fsf.org/philosophy/why-not-lgpl.html

I wholly disagree with parts of that doc. It speaks about forcing people 
to use make software free (GPL), and force is not free in my book.

But, it also says We free software developers should support one 
another.. (I make no distinction between free software and open source 
here.) That's exactly my point - allowing other projects to use our 
code. If we are starting fights with free vs. open and deny each 
other code, we only harm ourselves, IMO.

to have a large pool of software you can use to build new projects.
Let's say, I want to use the TXT-HTML converter in an LGPL project. I
may have to change the string classes, but most of the code could be
reused. I would not even be allowed to reuse a few lines, if it is
under the MPL or the GPL only (ignoring that I happened to write it
myself).

And that is exactly WHY I am against using the LGPL. An LGPL project
should NOT be using free software code.

Are you saying that LGPL code is not free? Is only the pure GPL in 
your view?

That doesn't seem to be supported by 
http://www.gnu.org/philosophy/free-sw.html.

If the project wants the code that
much, it should switch to a strong copyleft free software license.

It won't.

we should move Mozilla to the GPL -- so
that this kind of problem does not arise.

This is impossible. People who contributed code to Mozilla are objecting 
that.

(I am not one of them, as long as my code is still usable/available 
under terms which *I* consider free, for which the GPL does not qualify.)

The GPL is, IMO, not as free as other licenses.

You're right, it isn't.

(That's why I think that the term Free Software is wholly 
inappropriate and misleading.)

It was very carefully designed to make it
impossible to use GPL-covered software in proprietary environments.

   http://www.gnu.org/philosophy/why-free.html

I don't speak less about proprietary environments, but other open source 
environments, like the MPL, LGPL etc etc..






Re: Licensing Statistics (2001-09-08)

2001-09-12 Thread Ben Bucksch

Did the thread started in .general? Can you give a short summary?

Gervase Markham wrote:

 I think Hixie's saying that if you want to combine with GPL code, you 
 have to change all the notices, as section 3 requires, before you can 
 do so. This is inconvenient (and may make returning changes to the 
 original codebase more complex.)

That's a problem, but not that bad that it were the reason to 
dual-license under GPL instead of LGPL.

There are quite a number of LGPL problems, and Mozilla code 
dual-licensed under the GPL could not be used in those projects, 
assuming they want to keep the ability to be used under LGPL terms.

Note that this problem is (again!) a problem inherent with the LGPL and 
not limited to thedual license. If you want to use LGPL-native code in 
GPL projects, you have the same problem. It is unclear, how it works, if 
I don't directly incorporate/import the code into the GPL project, but 
just use it (e.g. linking, extracting mozilla tarballs etc.).






Re: Licensing Statistics (2001-09-08)

2001-09-12 Thread Ben Bucksch

Ian Hickson wrote:

The LGPL would also prevent anyone from building Mozilla using MSVC++,
since the MSVC++ redistributables license disallows reverse engineering,
and the LGPL requires that that be allowed.

There're tons of (L)GPLed projects using MSVC++.

The only case where I can see a problem is where a specific LGPL library
wishes to use Mozilla's code directly (i.e., not linking to it). Is there
really such a case?

I think so. That's the diea of open-source - to have a large pool of 
software you can use to build new projects. Let's say, I want to use the 
TXT-HTML converter in an LGPL project. I may have to change the string 
classes, but most of the code could be reused. I would not even be 
allowed to reuse a few lines, if it is under the MPL or the GPL only 
(ignoring that I happened to write it myself).

Note that this problem is (again!) a problem inherent with the LGPL
and not limited to the dual license. If you want to use LGPL-native
code in GPL projects, you have the same problem. It is unclear, how it
works, if I don't directly incorporate/import the code into the GPL
project, but just use it (e.g. linking, extracting mozilla tarballs
etc.).

The GPL is pretty clear about it. Do you have any specific examples of
where you think it is unclear?

Yes. Galeon, a GPL project, uses Mozilla libraries. In order to build 
Galeon with Mozilla, would it have to change all Mozilla code or could 
it be used unchanged?

I.e. when exactly do I have to alter the license notice?
* Whenever I compile code that will eventually be linked anyhow to GPL code?
* When I use an (unchanged) source file in a GPL project?
* When I change the source for use in my GPL project?

I should also point out that my
overall opinion on this issue is that we should be pure GPL

My personal opinion is that the GPL was poorly designed, because I think 
that this very discussion should never have to happen. The GPL is, IMO, 
not as free as other licenses.




Re: Licensing Statistics (2001-09-08)

2001-09-12 Thread Ben Bucksch

Ian Hickson wrote:

On the other hand, the GPL cannot be merged with any code other than GPL
code (except for OS and compiler libraries).

BTW: That exception might apply to the reverse engineering (in LGPL 
license) as well.






Re: What's Branded Code?

2001-07-21 Thread Ben Bucksch

SOELL Markus Helmut wrote:

Well, basically the definition seems to be at NPL/II.:

It looks like V.3 gives Netscape a
wildecard, they can do with the entire covered code what ever they want.

Mostly. This is intended. Note that
- there is also the MPL, which does not contain this clause.
- the NPL special terms expire after 3 years.

Disclaimers: I'm speaking form memory only, am tired and not a lawyer.




Re: Larger Work: what's an API?

2001-07-19 Thread Ben Bucksch

SOELL Markus Helmut wrote:

So I imagine this new file may e.g. contain some new functions and I could
add some lines in the covered code, with call to those functions. Is that
right so far?

Right.

Now, maybe my question boils down to what is an API?.

Basically exactly what you described above.

IANAL.




Re: Statically linking libstdc++

2001-05-30 Thread Ben Bucksch

Ben Bucksch wrote:

 For some bizarre reasons, we link in libstdc++, which is LGPLed on gcc 
 Linux.

FYI: Jim Nance just cited a special exception in the libstdc++ license, 
which basically invalidates the GPL terms, if linked using a GNU 
compiler. See bug 79681.




Statically linking libstdc++

2001-05-29 Thread Ben Bucksch

For some bizarre reasons, we link in libstdc++, which is LGPLed on gcc 
Linux. We currently do this dynamically, which is the standard, but 
causes major problems during distribution (the user has the have the 
exact same version of the lib installed that wer eon the build system) 
for other bizarre technical reasons. Bug 79681 proposes to link the lib 
statically, but cls raised a concern that this might force Mozilla to be 
under the (L)GPL, i.e. be illegal.

My response: My understanding of the LGPL 
http://www.gnu.org/copyleft/lgpl.html, sections 5 and 6:

Linking (dynamically or statically) changes the executable to be a 
derivative of the LGPLed lib. But that fact solely doesn't force the 
whole binary to have a GPL-compatible license. Rather, the executables 
have to follow some restrictions the GPL imposes, outlined in Section 6. 
One restriction seems to be that the user must be able (legally and 
practically) to use a new/changed version of the LGPLed lib. (Another 
restriction might be the copyright notice, see below.)

With /dynamical/ linking, this is trivial. Replacing a /statically/ 
linked lib would require the user to have the object code or source code 
of the non-GPL portion, and exactly that is what the LGPL requires the 
distributor to provide.

In the case of Mozilla, the user has the source - can recompile and 
relink - LGPL terms are fulfilled. That might not be true for vendors 
which mix Mozilla code with proprietary code - they would have to supply 
object code (.o files) for the proprietary parts, if they are linked 
statically with Mozilla code. The latter seems to be the only new 
restriction when statical linking is used.

Again, all said here is only my guess. I don't know the GPL too well.

Some nit-picking:

 You must give prominent notice with each copy of the work that the 
 Library is used in it and that the Library and its use are covered by 
 this License. You must supply a copy of this License. If the work 
 during execution displays copyright notices, you must include the 
 copyright notice for the Library among them, as well as a reference 
 directing the user to the copy of this License.

Strictly, does this also apply to a dynamically linked libstdc++? Even 
it's not actually used? There's an exception:

 However, as a special exception, the source code distributed need not 
 include anything that is normally distributed (in either source or 
 binary form) with the major components (compiler, kernel, and so on) 
 of the operating system on which the executable runs

but it only speaks about the source code.




Re: LDAP C SDK 5.0 MPL/GPL

2001-05-09 Thread Ben Bucksch

Bjorn Reese wrote:

  quote
13. MULTIPLE-LICENSED CODE.
 Initial Developer may designate portions of the Covered Code as
 'Multiple-Licensed'.  'Multiple-Licensed' means that the Initial
 Developer permits you to utilize portions of the Covered Code under
 Your choice of the NPL or the alternative licenses, if any, specified
 by the Initial Developer in the file described in Exhibit A.
  /quote
  
Uh, if I interptret it your way, it basically means that the Inital
Developer can do with the code, including all contributions, whatever he
wants.

Was that intended???






Re: LDAP C SDK 5.0 MPL/GPL

2001-05-09 Thread Ben Bucksch

Mitchell Baker wrote:

 Ben Bucksch wrote:
 
 Bjorn Reese wrote:
 
  quote
13. MULTIPLE-LICENSED CODE.
 Initial Developer may designate portions of the Covered Code as
 'Multiple-Licensed'.  'Multiple-Licensed' means that the 
 Initial
 Developer permits you to utilize portions of the Covered 
 Code under
 Your choice of the NPL or the alternative licenses, if any, 
 specified
 by the Initial Developer in the file described in Exhibit A.
  /quote
  
 Uh, if I interptret it your way, it basically means that the Inital
 Developer can do with the code, including all contributions, whatever he
 wants.
 
 Was that intended???
 
 No, this was not the intent.  The intent was that the Initial 
 Developer  of a piece of code could decide (for example) that s/he 
 wanted people to  be able to use that code under either the MPL or 
 License X.  The Initial  Developer would add  language to the header 
 files naming the MPL and  License X.   If you then make a 
 Modification, the Initial Developer can  use your Modification under 
 either the terms of the MPl or the terms of  License X, but not under 
 any other terms.

But the MPL unfortunately does not specify, *when* the Intital Developer 
allows the alternative license. If, as Bjorn suggests, the Initial 
Developer can do that at any time, this has the effect of what I 
outlined, since License X is also arbitary. It is not even restricted 
that it's always the same License X. As an Initial Developer, I could 
sell the code to my customer A under license X, to customer B under 
license Y etc., even though the code is under the stock MPL 1.1 and I 
didn't ask the contributors about licenses X or Y.

I assumed that the alternative license has to be specified at the same 
time as the MPL begins to apply to a document and that it is virtually 
unchangeable after that (unless all contributors agree, of course).

In any case, I find Bjorn's move questionable, considering that he 
didn't ask contributors for permission and how many people here objected 
the move to change the license (to MPL/GPL in our case).




Re: LDAP C SDK 5.0 MPL/GPL

2001-05-07 Thread Ben Bucksch

Stuart Ballard wrote:

 There is no benefit per se, and none were intended -- it is all about
 legalism. The code was originally released under MPL. Years later the
 contact to many of the contributors had been lost, and it was thus
 impossible to ask their permission for a change of license to solve
 the GPL-incompatibility problem. Instead, section 13 Multiple-licensed
 Code in MPL 1.1 was used to create a dual-license.
 
 I don't have time to go and read the legalese of the MPL right now, but
 I'm surprised that you can do this. Netscape and mozilla.org have been
 trying for ages to dual-license the mozilla code, but they had to get
 permission from all of the contributors and they haven't been able to do
 this yet. How were you able to dual-license the code without permission
 from all the contributors, and why doesn't the same logic apply to
 Netscape and mozilla.org?

Almost same logic does apply in both cases.

There is a clause in the MPL saying that AOL is allowed to update the 
license. Nowhere is specified how that update has to look like. 
Theoretically, MPL 1.3 could be equivalent to the BSD license. Thus, 
it would be strictly legal for Netscape to just release the whole 
NPL/MPL mozilla.org code under the BSD license or a MPL/GPL dual license 
or a propriatary license.* If that is morally the right thing is a 
completely different question.
*Note that code once released under MPL 1.1 is always still available 
under MPL 1.1, independant of any updates.

Ironically, Bjorn cannot use that clause, because the clause mentions 
AOL specifically, not the initial developer. Thus, what Bjorn described 
above is illegal, I believe.

I am not a lawyer. Nothing I said here is definitive, it's just my 
understanding of the matters.




Re: LDAP C SDK 5.0 MPL/GPL

2001-05-06 Thread Ben Bucksch

Bjorn Reese wrote:

 The FSF is more concerned about the whole than the individual parts. In
 mathematical terms, the FSF wants the union of GPL and another license to
 be strictly equal to GPL. The problem the FSF has with MPL, is that there
 are additional restrictions on the whole.

mozilla.org is no different here, with s/GPL/MPL (modulo NPL), not? It 
wants the whole mozilla.org code to be available under the MPL terms. 
Less so for purity, but more for practical terms. And I agree - having x 
licenses is not practical and could turn potential users/contributors away.




Re: mozilla.org artwork

2001-01-20 Thread Ben Bucksch

Gervase Markham wrote:

 As a related observation, it seems very odd to me that Netscape chose to
 open the source of its entire Communicator code base, and set up a
 "Mozilla" project to look after it, but didn't give the project rights to
 the cute green Mozilla graphics...

Me too. I really like it, by far better than the new, red one.

Can you guess how much I would have liked to use 
http://home.snafu.de/tilman/mozilla/sculptor.gif (Mozilla building a 
"B") for the preview  and development versions of Beonex Communicator?

 Is this the same issue, or a separate ("mozilla.org wants to keep control
 of the red lizard") one?

Mitchell Baker told me that Netscape-the-business, not mozilla.org, 
holds the copyright to it.




Re: custom versions of the MPL

2001-01-19 Thread Ben Bucksch

David R. Astels wrote:

 our legal  guy is concerned about using a license that is a slight 
 tweak to the MPL  (such as Sun's... i.e. Netscape - Sun).  Any issues 
 here?

IIRC, many folks do that, btu I don't know, if you are still allowed to 
call it MPL then. I think, you may call it a MPL-derivate. IIRC, the 
license even says something about that!?!