Re: GPL, yet again. (The kernel is a lot like a shared library)

2005-09-08 Thread Sven Luther
On Wed, Sep 07, 2005 at 04:08:51PM -0700, Mark Rafn wrote: On Wed, 7 Sep 2005, Joe Smith wrote: It is generally belived that the GPL 'derivative' clauses may actually be upheld in the case of static libraries. The fact that linking the .o's of the library directly with your program is

Re: GPL, yet again. (The kernel is a lot like a shared library)

2005-09-08 Thread Måns Rullgård
Sean Kellogg [EMAIL PROTECTED] writes: The thing is that the kernel is indeed much like a library, but not like a static one. The kernel is a lot like a shared library in that it exists in memory, and has functions that can be called. It is different mainly in that it stays in memory, and on

Re: GPL, yet again. (The kernel is a lot like a shared library)

2005-09-08 Thread Florian Weimer
* Måns Rullgård: The phrase running the Program is not directly applicable to a library, so we have to assume that for libraries, this translates into using the library, i.e. causing its code to be run, typically by running a program that uses the library. This act being unrestricted per

Re: GPL, yet again. (The kernel is a lot like a shared library)

2005-09-08 Thread Sven Luther
On Thu, Sep 08, 2005 at 10:27:20AM +0200, Florian Weimer wrote: * Måns Rullgård: The phrase running the Program is not directly applicable to a library, so we have to assume that for libraries, this translates into using the library, i.e. causing its code to be run, typically by running

License implications of OpenSSL in a GPL v2 application

2005-09-08 Thread Roy Hills
I'm the author of ike-scan, which is a GPL v2 licensed application that can optionally use the crypto functions in the OpenSSL library. I am the author and copyright holder of all the ike-scan source files which can use OpenSSL functions. The application uses the MD5 and SHA1 hash functions

CDDL, OpenSolaris, Choice-of-venue and the star package ...

2005-09-08 Thread Sven Luther
On Thu, Sep 08, 2005 at 02:06:12AM -0700, Steve Langasek wrote: On Thu, Sep 08, 2005 at 10:14:50AM +0200, Sven Luther wrote: On Wed, Sep 07, 2005 at 02:48:15PM -0700, Steve Langasek wrote: On Wed, Sep 07, 2005 at 10:47:59PM +1000, Paul TBBle Hampson wrote: These two do not appear to be

Re: CDDL, OpenSolaris, Choice-of-venue and the star package ...

2005-09-08 Thread Joerg Jaspert
Sven Luther schrieb: Notice that we already accepted a CDDLed program in debian, namely the star packages which comes with this clause : Wrong. So, i wonder why it was accepted, if it was non-free. But maybe we just passed it up silently and didn't notice ? Who was the ftp-master

Re: CDDL, OpenSolaris, Choice-of-venue and the star package ...

2005-09-08 Thread Sven Luther
On Thu, Sep 08, 2005 at 03:10:56PM +0200, Joerg Jaspert wrote: Sven Luther schrieb: Notice that we already accepted a CDDLed program in debian, namely the star packages which comes with this clause : Wrong. Well, i installed the package in sid (star 1.5a60-2), and looked at

Re: CDDL, OpenSolaris, Choice-of-venue and the star package ...

2005-09-08 Thread George Danchev
On Thursday 08 September 2005 16:21, Sven Luther wrote: --cut-- Yeah, well, i did an apt-get install star and looked at the copyright file, so i am not sure what facts i have to believe then. http://packages.debian.org/changelogs/pool/main/s/star/star_1.4a17-3/star .copyright Took about

Re: CDDL, OpenSolaris, Choice-of-venue and the star package ...

2005-09-08 Thread Dalibor Topic
Sven Luther wrote: Notice that we already accepted a CDDLed program in debian, namely the star packages which comes with this clause : 9. MISCELLANEOUS. [snip] The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.

Re: CDDL, OpenSolaris, Choice-of-venue and the star package ...

2005-09-08 Thread Sven Luther
On Thu, Sep 08, 2005 at 03:55:56PM +0200, Dalibor Topic wrote: Sven Luther wrote: Notice that we already accepted a CDDLed program in debian, namely the star packages which comes with this clause : 9. MISCELLANEOUS. [snip] The application of the United Nations Convention on

Re: CDDL, OpenSolaris, Choice-of-venue and the star package ...

2005-09-08 Thread Sven Luther
On Thu, Sep 08, 2005 at 04:53:12PM +0300, George Danchev wrote: On Thursday 08 September 2005 16:21, Sven Luther wrote: --cut-- Yeah, well, i did an apt-get install star and looked at the copyright file, so i am not sure what facts i have to believe then.

Re: License implications of OpenSSL in a GPL v2 application

2005-09-08 Thread Henning Makholm
Scripsit Roy Hills [EMAIL PROTECTED] [program that links to OpenSSL wants to be GPL'ed] The previous debian-legal advice mentioned above says to add the following exception text to the GPL announcement in the source code: 1. Should this be added to every source file, It should be added in

Re: CDDL, OpenSolaris, Choice-of-venue and the star package ...

2005-09-08 Thread Dalibor Topic
Sven Luther wrote: On Thu, Sep 08, 2005 at 03:55:56PM +0200, Dalibor Topic wrote: Sven Luther wrote: Notice that we already accepted a CDDLed program in debian, namely the star packages which comes with this clause : 9. MISCELLANEOUS. [snip] The application of the United Nations

Re: CDDL, OpenSolaris, Choice-of-venue and the star package ...

2005-09-08 Thread Yorick Cool
On Thu, Sep 08, 2005 at 03:55:56PM +0200, Dalibor Topic wrote: Dalibor The application of the Dalibor United Nations Convention on Contracts for the International Sale Dalibor of Goods is expressly excluded. Dalibor Dalibor [snip] Dalibor Dalibor That's my favourite bit of lawyerese in

Re: CDDL, OpenSolaris, Choice-of-venue and the star package ...

2005-09-08 Thread Lionel Elie Mamane
On Thu, Sep 08, 2005 at 04:58:32PM +0200, Yorick Cool wrote: On Thu, Sep 08, 2005 at 03:55:56PM +0200, Dalibor Topic wrote: The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. That's my favourite bit of lawyerese in

Re: CDDL, OpenSolaris, Choice-of-venue and the star package ...

2005-09-08 Thread Yorick Cool
On Thu, Sep 08, 2005 at 05:04:00PM +0200, Lionel Elie Mamane wrote: Lionel Lionel The application of the Lionel United Nations Convention on Contracts for the International Sale Lionel of Goods is expressly excluded. Lionel Lionel Yes, but what does it *say*? What are the consequences

Re: CDDL, OpenSolaris, Choice-of-venue and the star package ...

2005-09-08 Thread Henning Makholm
Scripsit Lionel Elie Mamane [EMAIL PROTECTED] On Thu, Sep 08, 2005 at 04:58:32PM +0200, Yorick Cool wrote: On Thu, Sep 08, 2005 at 03:55:56PM +0200, Dalibor Topic wrote: The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly

Re: GPL, yet again. (The kernel is a lot like a shared library)

2005-09-08 Thread Humberto Massa Guimarães
** Mark Rafn :: On Wed, 7 Sep 2005, Joe Smith wrote: It is generally belived that the GPL 'derivative' clauses may actually be upheld in the case of static libraries. The fact that linking the .o's of the library directly with your program is equivelent to linking the library with the

Re: legal status of faac, xvid

2005-09-08 Thread Andrew Suffield
On Wed, Sep 07, 2005 at 09:20:13AM -0700, seven sins wrote: i am looking for information on how the debian teams views legal status of faac and xvid. work for a company where we use debian, folks on the research team want to do use these for some reason. before i install these i wanted to

Re: GPL, yet again. (The kernel is a lot like a shared library)

2005-09-08 Thread Andrew Suffield
On Thu, Sep 08, 2005 at 01:22:07PM -0300, Humberto Massa Guimar?es wrote: 3.3. it seems to me that it's absurd to think, for instance, that Debian cannot dynamic link a GPLd program with OpenSSL. Why? Because if I write a completely-compatible MassaSSL library and install it in my system just

Re: GPL, yet again. (The kernel is a lot like a shared library)

2005-09-08 Thread Andrew Suffield
On Wed, Sep 07, 2005 at 06:50:00PM -0400, Joe Smith wrote: While I would like to belive that the FSF knew exactly what they were doing, I am not certain. It is generally belived that the GPL 'derivative' clauses may actually be upheld in the case of static libraries. The fact that linking

Re: CDDL, OpenSolaris, Choice-of-venue and the star package ...

2005-09-08 Thread Andrew Suffield
On Thu, Sep 08, 2005 at 04:53:12PM +0300, George Danchev wrote: On Thursday 08 September 2005 16:21, Sven Luther wrote: --cut-- Yeah, well, i did an apt-get install star and looked at the copyright file, so i am not sure what facts i have to believe then.

Re: GPL, yet again. (The kernel is a lot like a shared library)

2005-09-08 Thread Humberto Massa Guimarães
** Andrew Suffield :: On Thu, Sep 08, 2005 at 01:22:07PM -0300, Humberto Massa Guimar?es wrote: 3.3. it seems to me that it's absurd to think, for instance, that Debian cannot dynamic link a GPLd program with OpenSSL. Why? Because if I write a completely-compatible MassaSSL library and

Re: CDDL, OpenSolaris, Choice-of-venue and the star package ...

2005-09-08 Thread Sven Luther
On Thu, Sep 08, 2005 at 06:24:34PM +0100, Andrew Suffield wrote: On Thu, Sep 08, 2005 at 04:53:12PM +0300, George Danchev wrote: On Thursday 08 September 2005 16:21, Sven Luther wrote: --cut-- Yeah, well, i did an apt-get install star and looked at the copyright file, so i am not

Re: GPL, yet again. (The kernel is a lot like a shared library)

2005-09-08 Thread Humberto Massa Guimarães
** Andrew Suffield :: On Wed, Sep 07, 2005 at 06:50:00PM -0400, Joe Smith wrote: While I would like to belive that the FSF knew exactly what they were doing, I am not certain. It is generally belived that the GPL 'derivative' clauses may actually be upheld in the case of static

Re: GPL, yet again. (The kernel is a lot like a shared library)

2005-09-08 Thread Sean Kellogg
On Thursday 08 September 2005 10:22 am, Andrew Suffield wrote: On Wed, Sep 07, 2005 at 06:50:00PM -0400, Joe Smith wrote: While I would like to belive that the FSF knew exactly what they were doing, I am not certain. It is generally belived that the GPL 'derivative' clauses may actually

Re: GPL, yet again. (The kernel is a lot like a shared library)

2005-09-08 Thread Humberto Massa Guimarães
Seems to me those signs all point to the idea the the mere linking against a dynamically linked library does not constitute a copyrighted work. s/copyrighted/derivative/ ?? -- To UNSUBSCRIBE, email to [EMAIL PROTECTED] with a subject of unsubscribe. Trouble? Contact [EMAIL PROTECTED]

Re: GPL, yet again. (The kernel is a lot like a shared library)

2005-09-08 Thread Sean Kellogg
On Thursday 08 September 2005 10:47 am, Humberto Mass Guimarães wrote: Seems to me those signs all point to the idea the the mere linking against a dynamically linked library does not constitute a copyrighted work. s/copyrighted/derivative/ ?? Good save The linked work is still

Re: GPL, yet again. (The kernel is a lot like a shared library)

2005-09-08 Thread Humberto Massa Guimarães
Here is the US definition of a derivative: - A “derivative work” is a work based upon one or more preexisting works, such as a translation, musical arrangement, dramatization, fictionalization, motion picture version, sound recording, art reproduction, abridgment,

Re: CDDL, OpenSolaris, Choice-of-venue and the star package ...

2005-09-08 Thread George Danchev
On Thursday 08 September 2005 20:24, Andrew Suffield wrote: On Thu, Sep 08, 2005 at 04:53:12PM +0300, George Danchev wrote: On Thursday 08 September 2005 16:21, Sven Luther wrote: --cut-- Yeah, well, i did an apt-get install star and looked at the copyright file, so i am not sure what

Re: CDDL, OpenSolaris, Choice-of-venue and the star package ...

2005-09-08 Thread Sven Luther
On Thu, Sep 08, 2005 at 08:57:59PM +0300, George Danchev wrote: On Thursday 08 September 2005 20:24, Andrew Suffield wrote: On Thu, Sep 08, 2005 at 04:53:12PM +0300, George Danchev wrote: On Thursday 08 September 2005 16:21, Sven Luther wrote: --cut-- Yeah, well, i did an apt-get

Re: GPL, yet again. (The kernel is a lot like a shared library)

2005-09-08 Thread Andrew Suffield
On Thu, Sep 08, 2005 at 10:46:32AM -0700, Sean Kellogg wrote: But what is clear is that a derivative work requires an act of copying the original work of authorship. The caselaw in question is Lee v. A.R.T. Co. (125 F.3d 580) where someone took a piece of art they purchased, fused it to an

Re: GPL, yet again. (The kernel is a lot like a shared library)

2005-09-08 Thread Andrew Suffield
On Thu, Sep 08, 2005 at 02:27:45PM -0300, Humberto Massa Guimar?es wrote: ** Andrew Suffield :: On Thu, Sep 08, 2005 at 01:22:07PM -0300, Humberto Massa Guimar?es wrote: 3.3. it seems to me that it's absurd to think, for instance, that Debian cannot dynamic link a GPLd program with

Re: CDDL, OpenSolaris, Choice-of-venue and the star package ...

2005-09-08 Thread Marco d'Itri
On Sep 08, Sven Luther [EMAIL PROTECTED] wrote: 2) Any argument i may have are only the lame repetition of the opinion of a single person here on debian-legal. Indeed, the choice of venue is a fee argument is just that: an opinion which has at best no clear roots in the DFSG, therefore it

Re: legal status of faac, xvid

2005-09-08 Thread Don Armstrong
On Thu, 08 Sep 2005, Andrew Suffield wrote: The MPEG-LA claims to hold all the patents applicable to MPEG, and that all these patents are valid, but since it's impossible for them to know either of these things they are obviously lying. They don't claim to do this at all.[1] All they say is

CDDL

2005-09-08 Thread Andrew Suffield
On Thu, Sep 08, 2005 at 03:55:56PM +0200, Dalibor Topic wrote: The discussions on CDDL in 2005-01 seem to have petered out inconclusively. Let's do something about this. At the same time, I'd like to experiment with an idea I've been toying with for a slightly more (informally) directed

Re: GPL, yet again. (The kernel is a lot like a shared library)

2005-09-08 Thread Humberto Massa Guimarães
Remember: DERIVATIVE == TRANSFORMATION. Word games, no change in meaning. You're saying that Only the verbatim copying of a copyrighted text, possibly with modifications, can constitute copyright infringement; all other actions are legal. The rest of your mail just ranted the same thing

Re: GPL, yet again. (The kernel is a lot like a shared library)

2005-09-08 Thread Andrew Suffield
On Thu, Sep 08, 2005 at 03:32:26PM -0300, Humberto Massa Guimar?es wrote: I did _not_ just ranted the same. I did offer you an example of how you are simply plain wrong -- as is the GPL FSF FAQ -- when you say that linking to a library creates a derivative work. Argument from authority and a

Re: legal status of faac, xvid

2005-09-08 Thread Andrew Suffield
On Thu, Sep 08, 2005 at 10:36:19AM -0700, Don Armstrong wrote: It's never been seriously tested in court. What's to test? It's just method of licensing a slew of patents. The legitimacy of their claimed patents. -- .''`. ** Debian GNU/Linux ** | Andrew Suffield : :' :

Re: GPL, yet again. (The kernel is a lot like a shared library)

2005-09-08 Thread Sean Kellogg
On Thursday 08 September 2005 11:38 am, Andrew Suffield wrote: There's an awful lot of lawyers and law professors who think that the GPL works. Go start by arguing with them. Based on my readings of law review articles and the common legal arguments surrounding the GPL, the reason it works is

Re: GPL, yet again. (The kernel is a lot like a shared library)

2005-09-08 Thread Humberto Massa Guimarães
If you're going to make an argument at odds with established understanding and industry practice then you'll have to come up with more than that. There's an awful lot of lawyers and law professors who think that the GPL works. Go start by arguing with them. I can't argue with someone who

Re: GPL, yet again. (The kernel is a lot like a shared library)

2005-09-08 Thread Måns Rullgård
Sean Kellogg [EMAIL PROTECTED] writes: On Thursday 08 September 2005 11:38 am, Andrew Suffield wrote: There's an awful lot of lawyers and law professors who think that the GPL works. Go start by arguing with them. Based on my readings of law review articles and the common legal arguments

RE: GPL, yet again. (The kernel is a lot like a shared library)

2005-09-08 Thread Humberto Massa Guimarães
** Sean Kellogg :: On Thursday 08 September 2005 11:38 am, Andrew Suffield wrote: There's an awful lot of lawyers and law professors who think that the GPL works. Go start by arguing with them. Based on my readings of law review articles and the common legal arguments surrounding the GPL,

Re: CDDL, OpenSolaris, Choice-of-venue and the star package ...

2005-09-08 Thread Sven Luther
On Thu, Sep 08, 2005 at 08:21:57PM +0200, Marco d'Itri wrote: On Sep 08, Sven Luther [EMAIL PROTECTED] wrote: 2) Any argument i may have are only the lame repetition of the opinion of a single person here on debian-legal. Indeed, the choice of venue is a fee argument is just that:

Re: CDDL, OpenSolaris, Choice-of-venue and the star package ...

2005-09-08 Thread Marco d'Itri
On Sep 08, Sven Luther [EMAIL PROTECTED] wrote: Indeed, the choice of venue is a fee argument is just that: an opinion which has at best no clear roots in the DFSG, therefore it cannot make a license non-free. Yeah, but there is certainly more than a single person arguing that we should

Re: CDDL, OpenSolaris, Choice-of-venue and the star package ...

2005-09-08 Thread Josselin Mouette
Le vendredi 09 septembre 2005 à 00:00 +0200, Marco d'Itri a écrit : Yeah, but there is certainly more than a single person arguing that we should not distribute software with such licence. There is nothing wrong with this, and I'm not a fan of choice of venue clauses either, but they

Re: CDDL, OpenSolaris, Choice-of-venue and the star package ...

2005-09-08 Thread Dalibor Topic
Henning Makholm wrote: Scripsit Lionel Elie Mamane [EMAIL PROTECTED] On Thu, Sep 08, 2005 at 04:58:32PM +0200, Yorick Cool wrote: On Thu, Sep 08, 2005 at 03:55:56PM +0200, Dalibor Topic wrote: The application of the United Nations Convention on Contracts for the International Sale of

Re: CDDL, OpenSolaris, Choice-of-venue and the star package ...

2005-09-08 Thread Marco d'Itri
On Sep 09, Josselin Mouette [EMAIL PROTECTED] wrote: There is nothing wrong with this, and I'm not a fan of choice of venue clauses either, but they should try to modify the DFSG then. Could you explain why DFSG#5 couldn't be invoked in this case? It does not work this way. If you believe

Re: GPL, yet again. (The kernel is a lot like a shared library)

2005-09-08 Thread Andrew Suffield
On Thu, Sep 08, 2005 at 11:53:57AM -0700, Sean Kellogg wrote: On Thursday 08 September 2005 11:38 am, Andrew Suffield wrote: There's an awful lot of lawyers and law professors who think that the GPL works. Go start by arguing with them. Based on my readings of law review articles and the

Re: GPL, yet again. (The kernel is a lot like a shared library)

2005-09-08 Thread Andrew Suffield
On Thu, Sep 08, 2005 at 04:22:18PM -0300, Humberto Massa Guimar?es wrote: If you're going to make an argument at odds with established understanding and industry practice then you'll have to come up with more than that. There's an awful lot of lawyers and law professors who think that