Re: [R] ACM Software Copyright and License Agreement

2012-02-17 Thread Hans W Borchers
peter dalgaard pdalgd at gmail.com writes:

 On Feb 16, 2012, at 12:31 , Hans W Borchers wrote:

  I have often seen the use of routines from the ACM Collected Algorithms,
  i.e. netlib.org/toms/≥ (CALGO, or Trans. On Math. Software, TOMS), in
  Open Source programs, maybe also in some R packages --- and sometimes
  these programs are distributed under the GPL license, sometimes under
  proprietary licenses, e.g. in Scilab.
 
  The use of these CALGO programs is subject to the ACM Software Copyright
  and License Agreement www.acm.org/publications/policies/softwarecrnotice
  which includes the following paragraph:
 
 **Commercial Use**
 Any User wishing to make a commercial use of the Software must contact
 ACM at permissions at acm.org to arrange an appropriate license.
 Commercial use includes
 (1) integrating or incorporating all or part of the source code into a
 product for sale or license by, or on behalf of, User to third parties,
 (2) distribution of the binary or source code to third parties for use
 with a commercial product sold or licensed by, or on behalf of, User.
 
  I assume that this license extension is not compatible with GPL, but may
  be wrong here. So my question is: Can software from the ACM Collected
  Algorithms be distributed under a GPL-compatible licence, and how to
  formulate and where to put such a license extension.

 One needs to tread _really_ carefully with these items.

 You plain can't claim that the ACM license is compatible with the GPL; it
 just isn't. However, there are cases where software has been placed in the
 Public Domain in addition to being published by an ACM Journal. E.g., the
 NSWC (Naval Surface Warfare Center) library is in the Public Domain even
 though some of its routines have been published in TOMS.

And how can I be sure that these algorithms have been rightly placed on the
NSWC library page under a license different from its original ACM license?
I am inclined to be quite suspicious about that.

Best, Hans Werner

 However, I am not a lawyer, etc...

 -pd


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Re: [R] ACM Software Copyright and License Agreement

2012-02-17 Thread peter dalgaard

On Feb 17, 2012, at 13:42 , Hans W Borchers wrote:

 peter dalgaard pdalgd at gmail.com writes:
 
 On Feb 16, 2012, at 12:31 , Hans W Borchers wrote:
 
 I have often seen the use of routines from the ACM Collected Algorithms,
 i.e. netlib.org/toms/≥ (CALGO, or Trans. On Math. Software, TOMS), in
 Open Source programs, maybe also in some R packages --- and sometimes
 these programs are distributed under the GPL license, sometimes under
 proprietary licenses, e.g. in Scilab.
 
 The use of these CALGO programs is subject to the ACM Software Copyright
 and License Agreement www.acm.org/publications/policies/softwarecrnotice
 which includes the following paragraph:
 
   **Commercial Use**
   Any User wishing to make a commercial use of the Software must contact
   ACM at permissions at acm.org to arrange an appropriate license.
   Commercial use includes
   (1) integrating or incorporating all or part of the source code into a
   product for sale or license by, or on behalf of, User to third parties,
   (2) distribution of the binary or source code to third parties for use
   with a commercial product sold or licensed by, or on behalf of, User.
 
 I assume that this license extension is not compatible with GPL, but may
 be wrong here. So my question is: Can software from the ACM Collected
 Algorithms be distributed under a GPL-compatible licence, and how to
 formulate and where to put such a license extension.
 
 One needs to tread _really_ carefully with these items.
 
 You plain can't claim that the ACM license is compatible with the GPL; it
 just isn't. However, there are cases where software has been placed in the
 Public Domain in addition to being published by an ACM Journal. E.g., the
 NSWC (Naval Surface Warfare Center) library is in the Public Domain even
 though some of its routines have been published in TOMS.
 
 And how can I be sure that these algorithms have been rightly placed on the
 NSWC library page under a license different from its original ACM license?
 I am inclined to be quite suspicious about that.

Well, in the case I was thinking of, the code was developed by US government 
officials working for the US government, and as such not subjected to US 
Copyright. 

Also, the NSWC manual clearly says: Since the beginning of the development of 
the library, no proprietary or otherwise restricted codes have been permitted 
in the library.  

(e.g., http://www.ualberta.ca/CNS/RESEARCH/Software/NumericalNSWC/nsws.pdf)

 
 Best, Hans Werner
 
 However, I am not a lawyer, etc...
 
 -pd
 
 
 __
 R-help@r-project.org mailing list
 https://stat.ethz.ch/mailman/listinfo/r-help
 PLEASE do read the posting guide http://www.R-project.org/posting-guide.html
 and provide commented, minimal, self-contained, reproducible code.

-- 
Peter Dalgaard, Professor
Center for Statistics, Copenhagen Business School
Solbjerg Plads 3, 2000 Frederiksberg, Denmark
Phone: (+45)38153501
Email: pd@cbs.dk  Priv: pda...@gmail.com

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[R] ACM Software Copyright and License Agreement

2012-02-16 Thread Hans W Borchers
ACM Software Copyright and License Agreement

I have often seen the use of routines from the ACM Collected Algorithms, i.e.
netlib.org/toms/ (CALGO, or Trans. On Math. Software, TOMS), in Open Source
programs, maybe also in some R packages --- and sometimes these programs are
distributed under the GPL license, sometimes under proprietary licenses, e.g.
in Scilab.

The use of these CALGO programs is subject to the ACM Software Copyright and
License Agreement www.acm.org/publications/policies/softwarecrnotice which
includes the following paragraph:

**Commercial Use**
Any User wishing to make a commercial use of the Software must contact
ACM at permissi...@acm.org to arrange an appropriate license. Commercial
use includes
(1) integrating or incorporating all or part of the source code into a
product for sale or license by, or on behalf of, User to third parties, or
(2) distribution of the binary or source code to third parties for use
with a commercial product sold or licensed by, or on behalf of, User.

I assume that this license extension is not compatible with GPL, but I may be
wrong here. So my question is: Can software from the ACM Collected Algorithms
be distributed under a GPL-compatible licence, and how to formulate and where
to put such a license extension.

Thanks
Hans Werner

__
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PLEASE do read the posting guide http://www.R-project.org/posting-guide.html
and provide commented, minimal, self-contained, reproducible code.


Re: [R] ACM Software Copyright and License Agreement

2012-02-16 Thread Berend Hasselman

On 16-02-2012, at 12:31, Hans W Borchers wrote:

 ACM Software Copyright and License Agreement
 
 I have often seen the use of routines from the ACM Collected Algorithms, i.e.
 netlib.org/toms/ (CALGO, or Trans. On Math. Software, TOMS), in Open Source
 programs, maybe also in some R packages

I use a modified version of portions of Algorithm 686 (22 years old)(Fortran 
for updating a QR decomposition) in my package nleqslv, which is distributed 
under GPL=2.

 --- and sometimes these programs are
 distributed under the GPL license, sometimes under proprietary licenses, e.g.
 in Scilab.
 
 The use of these CALGO programs is subject to the ACM Software Copyright and
 License Agreement www.acm.org/publications/policies/softwarecrnotice which
 includes the following paragraph:
 
**Commercial Use**
Any User wishing to make a commercial use of the Software must contact
ACM at permissi...@acm.org to arrange an appropriate license. Commercial
use includes
(1) integrating or incorporating all or part of the source code into a
product for sale or license by, or on behalf of, User to third parties, or
(2) distribution of the binary or source code to third parties for use
with a commercial product sold or licensed by, or on behalf of, User.
 
 I assume that this license extension is not compatible with GPL, but I may be
 wrong here. So my question is: Can software from the ACM Collected Algorithms
 be distributed under a GPL-compatible licence, and how to formulate and where
 to put such a license extension.

So I am certainly interested in what experts have to say about this.

Berend

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R-help@r-project.org mailing list
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PLEASE do read the posting guide http://www.R-project.org/posting-guide.html
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Re: [R] ACM Software Copyright and License Agreement

2012-02-16 Thread peter dalgaard

On Feb 16, 2012, at 12:31 , Hans W Borchers wrote:

 ACM Software Copyright and License Agreement
 
 I have often seen the use of routines from the ACM Collected Algorithms, i.e.
 netlib.org/toms/ (CALGO, or Trans. On Math. Software, TOMS), in Open Source
 programs, maybe also in some R packages --- and sometimes these programs are
 distributed under the GPL license, sometimes under proprietary licenses, e.g.
 in Scilab.
 
 The use of these CALGO programs is subject to the ACM Software Copyright and
 License Agreement www.acm.org/publications/policies/softwarecrnotice which
 includes the following paragraph:
 
**Commercial Use**
Any User wishing to make a commercial use of the Software must contact
ACM at permissi...@acm.org to arrange an appropriate license. Commercial
use includes
(1) integrating or incorporating all or part of the source code into a
product for sale or license by, or on behalf of, User to third parties, or
(2) distribution of the binary or source code to third parties for use
with a commercial product sold or licensed by, or on behalf of, User.
 
 I assume that this license extension is not compatible with GPL, but I may be
 wrong here. So my question is: Can software from the ACM Collected Algorithms
 be distributed under a GPL-compatible licence, and how to formulate and where
 to put such a license extension.

One needs to tread _really_ carefully with these items. 

You plain can't claim that the ACM license is compatible with the GPL; it just 
isn't. However, there are cases where software has been placed in the Public 
Domain in addition to being published by an ACM Journal. E.g., the NSWC (Naval 
Surface Warfare Center) library is in the Public Domain even though some of its 
routines have been published in TOMS.

However, I am not a lawyer, etc...

-pd 


 
 Thanks
 Hans Werner
 
 __
 R-help@r-project.org mailing list
 https://stat.ethz.ch/mailman/listinfo/r-help
 PLEASE do read the posting guide http://www.R-project.org/posting-guide.html
 and provide commented, minimal, self-contained, reproducible code.

-- 
Peter Dalgaard, Professor
Center for Statistics, Copenhagen Business School
Solbjerg Plads 3, 2000 Frederiksberg, Denmark
Phone: (+45)38153501
Email: pd@cbs.dk  Priv: pda...@gmail.com

__
R-help@r-project.org mailing list
https://stat.ethz.ch/mailman/listinfo/r-help
PLEASE do read the posting guide http://www.R-project.org/posting-guide.html
and provide commented, minimal, self-contained, reproducible code.


Re: [R] ACM Software Copyright and License Agreement

2012-02-16 Thread Berend Hasselman

On 16-02-2012, at 12:31, Hans W Borchers wrote:

 ACM Software Copyright and License Agreement
 
 I have often seen the use of routines from the ACM Collected Algorithms, i.e.
 netlib.org/toms/ (CALGO, or Trans. On Math. Software, TOMS), in Open Source
 programs, maybe also in some R packages --- and sometimes these programs are
 distributed under the GPL license, sometimes under proprietary licenses, e.g.
 in Scilab.
 
 The use of these CALGO programs is subject to the ACM Software Copyright and
 License Agreement www.acm.org/publications/policies/softwarecrnotice which
 includes the following paragraph:
 
**Commercial Use**
Any User wishing to make a commercial use of the Software must contact
ACM at permissi...@acm.org to arrange an appropriate license. Commercial
use includes
(1) integrating or incorporating all or part of the source code into a
product for sale or license by, or on behalf of, User to third parties, or
(2) distribution of the binary or source code to third parties for use
with a commercial product sold or licensed by, or on behalf of, User.
 
In addition there is item 4 in the section  **Noncommercial use**

User may modify the Software and distribute that modified work to third 
parties provided that: (a) if posted separately, it clearly acknowledges that 
it contains material copyrighted by ACM (b) no charge is associated with such 
copies, (c) User agrees to notify ACM and the Author(s) of the distribution, 
and (d) User clearly notifies secondary users that such modified work is not 
the original Software.

For nleqslv I have not complied with item (c) . H'm.

Berend

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