Bug#533569: Mixture of Code unter GPL-2+ and UnRAR license compatible?

2009-12-08 Thread Francesco Poli
On Mon, 07 Dec 2009 15:32:41 +0100 Tomáš Bžatek wrote:

 On Mon, 2009-11-30 at 22:47 +0100, Francesco Poli wrote:
  Since the unrar license is (non-free and) GPL-incompatible, it is my
  understanding that anyone who distributes the linked resulting library
  would violate the copyright of the authors of the GPLv2+'ed part.
  
  In order to allow such a linking, the copyright holders of the GPLv2+'ed
  part can add an exception (that is to say, an additional permission),
  as explained in
  http://www.fsf.org/licensing/licenses/gpl-faq.html#GPLIncompatibleLibs
  
  See also
  http://www.fsf.org/licensing/licenses/gpl-faq.html#FSWithNFLibs
 
 Thank you for your clarification and for the links, very useful.

You're welcome.

 
   Is it allowed to load such library into a GPLv2+
   application (technically speaking it's linking again, in runtime)?
  
  I think that this also requires an exception granted by the GPLv2+'ed
  application copyright holders, as above.
 Understood (and that's explained in the FAQ too). What about other
 plugins, dynamically linked to a GPLv2-with-exception application? Is it
 possible to use pure GPLv2 plugin with it or does it need to be granted
 an exception as well? There's only an application-to-plugin
 relationship, no plugin-to-plugin calls.

This is a difficult question.

Please bear in mind that I am not a lawyer: if you need legal advice,
you'd better hire an actual lawyer.

That said, I think the answer should be something like it depends.
Please see
http://www.fsf.org/licensing/licenses/gpl-faq.html#MereAggregation

Moreover, take into account that all the FAQ by FSF is written
following the FSF's legal theory of linking, which has not yet been
tested in court, but should be taken as valid, in order to stay on the
safe side...

 
 I'm not copyright holder of all GPL2 sources linked to other plugins
 (neither can request an exception either).

I think one can always politely request: maybe with little hope to
see his/her request fulfilled, but anyway...

 Would the requirement to have
 everything licensed under GPL2-with-exception prevent me to
 distribute/run other plugins?

Please see above: as I told, it's a hard question...

 
 
 Also, will such exception allow to keep the DFSG designation on all
 components except the non-free ones? 

The exception is an additional permission (which can even be removed by
a re-distributor, should it become useless), hence it cannot hurt:
since GPLv2+'ed works already comply with the DFSG, I would say that
adding the exception will not affect their DFSG-compliance.

I hope this helps.


P.S.: I think that maybe all this mess is not worth doing... maybe the
best long-term solution is searching or developing a Free (GPLv2+
compatible) UnRAR replacement. 


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Bug#533569: Mixture of Code unter GPL-2+ and UnRAR license compatible?

2009-12-07 Thread Tomáš Bžatek
On Mon, 2009-11-30 at 22:47 +0100, Francesco Poli wrote:
 Since the unrar license is (non-free and) GPL-incompatible, it is my
 understanding that anyone who distributes the linked resulting library
 would violate the copyright of the authors of the GPLv2+'ed part.
 
 In order to allow such a linking, the copyright holders of the GPLv2+'ed
 part can add an exception (that is to say, an additional permission),
 as explained in
 http://www.fsf.org/licensing/licenses/gpl-faq.html#GPLIncompatibleLibs
 
 See also
 http://www.fsf.org/licensing/licenses/gpl-faq.html#FSWithNFLibs

Thank you for your clarification and for the links, very useful.

  Is it allowed to load such library into a GPLv2+
  application (technically speaking it's linking again, in runtime)?
 
 I think that this also requires an exception granted by the GPLv2+'ed
 application copyright holders, as above.
Understood (and that's explained in the FAQ too). What about other
plugins, dynamically linked to a GPLv2-with-exception application? Is it
possible to use pure GPLv2 plugin with it or does it need to be granted
an exception as well? There's only an application-to-plugin
relationship, no plugin-to-plugin calls.

I'm not copyright holder of all GPL2 sources linked to other plugins
(neither can request an exception either). Would the requirement to have
everything licensed under GPL2-with-exception prevent me to
distribute/run other plugins?


Also, will such exception allow to keep the DFSG designation on all
components except the non-free ones? 

Thanks,
--
Tomas Bzatek






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Bug#533569: Mixture of Code unter GPL-2+ and UnRAR license compatible?

2009-12-06 Thread Francesco Poli
On Fri, 4 Dec 2009 19:11:18 +0100 Salvatore Bonaccorso wrote:

[...]
 Thomas has said, he would
 re-license the unrar/unrar.c, but the ones in common/ would not be
 possible. With the above in my understanding of your explanation, this
 will still make it inpossible to redistribute tuxcmd-modules-unrar,
 right?

As far as I understand, adding the exception to unrar.c alone would
*not* be enough.
All the GPL'ed code that links with the non-free library needs to have
the exception.

 
 Many thanks again for your reply,

You're welcome.

Bye.

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Bug#533569: Mixture of Code unter GPL-2+ and UnRAR license compatible?

2009-12-04 Thread Salvatore Bonaccorso
Hi!

First of all, many thanks for your reply, Frencesco.

On Mon, Nov 30, 2009 at 10:47:17PM +0100, Francesco Poli wrote:
 On Sat, 28 Nov 2009 18:47:38 +0100 Tomáš Bžatek wrote:
  let me shed some light on source files structure:
  
  ./common/  -- GPLv2+, shared core across several modules, cannot be
  relicensed (LGPLv2+ might be an option though).
  ./unrar/unrar.c -- GPLv2+, may be relicensed if needed. It's a bridge
  between two APIs.
  ./unrar/unrar/ -- original unrar sources (there might be few
  modifications, but I hope to solve them soon, so we can have unmodified
  unrar sources there).
  
  All these sources are statically linked to a single shared object
  (library), which is being loaded by the master application.
  
  Now the question is: is it allowed to statically link object files with
  different licenses?
 
 If these licenses are incompatible with each other, as it is the case
 here, the result is a legally undistributable work, AFAICT.
 
 Since the unrar license is (non-free and) GPL-incompatible, it is my
 understanding that anyone who distributes the linked resulting library
 would violate the copyright of the authors of the GPLv2+'ed part.
 
 In order to allow such a linking, the copyright holders of the GPLv2+'ed
 part can add an exception (that is to say, an additional permission),
 as explained in
 http://www.fsf.org/licensing/licenses/gpl-faq.html#GPLIncompatibleLibs
 
 See also
 http://www.fsf.org/licensing/licenses/gpl-faq.html#FSWithNFLibs

  Is it allowed to load such library into a GPLv2+
  application (technically speaking it's linking again, in runtime)?
 
 I think that this also requires an exception granted by the GPLv2+'ed
 application copyright holders, as above.

So this means, if upstream (in this case Tomas) will add an explicit
permission, but this permission should be placed in each file to which
this exception is granted. I do not know if Tomas would do that. I
will wait for this to be clarified. Thomas has said, he would
re-license the unrar/unrar.c, but the ones in common/ would not be
possible. With the above in my understanding of your explanation, this
will still make it inpossible to redistribute tuxcmd-modules-unrar,
right?

Many thanks again for your reply,
Bests
Salvatore


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Bug#533569: Mixture of Code unter GPL-2+ and UnRAR license compatible?

2009-11-30 Thread Francesco Poli
On Sat, 28 Nov 2009 18:47:38 +0100 Tomáš Bžatek wrote:

 Hi all,

Hi!

 
 let me shed some light on source files structure:
 
 ./common/  -- GPLv2+, shared core across several modules, cannot be
 relicensed (LGPLv2+ might be an option though).
 ./unrar/unrar.c -- GPLv2+, may be relicensed if needed. It's a bridge
 between two APIs.
 ./unrar/unrar/ -- original unrar sources (there might be few
 modifications, but I hope to solve them soon, so we can have unmodified
 unrar sources there).
 
 All these sources are statically linked to a single shared object
 (library), which is being loaded by the master application.
 
 Now the question is: is it allowed to statically link object files with
 different licenses?

If these licenses are incompatible with each other, as it is the case
here, the result is a legally undistributable work, AFAICT.

Since the unrar license is (non-free and) GPL-incompatible, it is my
understanding that anyone who distributes the linked resulting library
would violate the copyright of the authors of the GPLv2+'ed part.

In order to allow such a linking, the copyright holders of the GPLv2+'ed
part can add an exception (that is to say, an additional permission),
as explained in
http://www.fsf.org/licensing/licenses/gpl-faq.html#GPLIncompatibleLibs

See also
http://www.fsf.org/licensing/licenses/gpl-faq.html#FSWithNFLibs

 Is it allowed to load such library into a GPLv2+
 application (technically speaking it's linking again, in runtime)?

I think that this also requires an exception granted by the GPLv2+'ed
application copyright holders, as above.

[...]
 That said, I haven't spoken to unrar author yet, wanted to know lawyers
 opinion first.

Most of us debian-legal regulars are *not* lawyers.
I am *not* a lawyer myself.

There *are* a few lawyers that sometimes contribute to debian-legal,
but, of course, if you need real legal advice, I recommend that you
hire an actual lawyer...

I hope this clarifies.


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Bug#533569: Mixture of Code unter GPL-2+ and UnRAR license compatible?

2009-11-28 Thread Tomáš Bžatek
Hi all,

let me shed some light on source files structure:

./common/  -- GPLv2+, shared core across several modules, cannot be
relicensed (LGPLv2+ might be an option though).
./unrar/unrar.c -- GPLv2+, may be relicensed if needed. It's a bridge
between two APIs.
./unrar/unrar/ -- original unrar sources (there might be few
modifications, but I hope to solve them soon, so we can have unmodified
unrar sources there).

All these sources are statically linked to a single shared object
(library), which is being loaded by the master application.

Now the question is: is it allowed to statically link object files with
different licenses? Is it allowed to load such library into a GPLv2+
application (technically speaking it's linking again, in runtime)?

I don't have problem relicensing any sources except of the ./common/
core. The package would need to have two licenses, that's fine with me.
I'm trying to retain all copyrights as much as possible (i.e. the unrar
copyright is displayed in master application).

That said, I haven't spoken to unrar author yet, wanted to know lawyers
opinion first.


On Sat, 2009-11-28 at 07:50 +0100, Salvatore Bonaccorso wrote:
 I found a similar licensing problem in RedHat Bugtracker [1].
 
 ---(Comment #25)
[snip]
 This code cannot go into Fedora as is. All RAR v3.x support would need to be
 stripped out, before it could be considered. Given that most RAR files are RAR
 v3, that severely limits the usefulness of this application.
 
 In addition, we will need to strip the RAR v3 code out of clamav.
 
 
  [1] https://bugzilla.redhat.com/show_bug.cgi?id=319831
  [2] http://bugs.debian.org/312552

Also see https://fedoraproject.org/wiki/Licensing/Unrar


Thanks,
--
Tomas Bzatek





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Bug#533569: Mixture of Code unter GPL-2+ and UnRAR license compatible?

2009-11-27 Thread Salvatore Bonaccorso
 [ please cc me, I'm not subscribed to debian-legal ]

Hi All

Hmm, ...
2. The UnRAR sources may be used in any software to handle RAR
   archives without limitations free of charge, but cannot be used
   to re-create the RAR compression algorithm, which is proprietary.
   Distribution of modified UnRAR sources in separate form or as a
   part of other software is permitted, provided that it is clearly
   stated in the documentation and source comments that the code may
   not be used to develop a RAR (WinRAR) compatible archiver.

I found a similar licensing problem in RedHat Bugtracker [1].

---(Comment #25)
I spoke via email to Eugene Roshal about this issue. He was unaware that clamav
had used derived code from their implementation in clamav, under the GPL
license, and stated that he did not grant them permission to do so.

He said that the only way he was willing for such code to be used was with a
clause like the following:

The unRAR sources cannot be used to re-create the RAR compression algorithm, 
 which is proprietary. Distribution of modified unRAR sources in separate form 
 or as a part of other software is permitted, provided that it is clearly
 stated in the documentation and source comments that the code may
 not be used to develop a RAR (WinRAR) compatible archiver.

Unfortunately, such a restriction conflicts directly with the GPL, and is a
showstopper.

This code cannot go into Fedora as is. All RAR v3.x support would need to be
stripped out, before it could be considered. Given that most RAR files are RAR
v3, that severely limits the usefulness of this application.

In addition, we will need to strip the RAR v3 code out of clamav.


 [1] https://bugzilla.redhat.com/show_bug.cgi?id=319831
 [2] http://bugs.debian.org/312552

Any comments on this?

Bests
Salvatore


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