Re: [IBPP-DISCUSS] IBPP license 1.0

2006-03-22 Thread Olivier Mascia

Dear,

First, thanks for your time spent around these questions.
Please see comments below.


Le 20 mars 06 à 03:39, MJ Ray a écrit :


Olivier Mascia [EMAIL PROTECTED]

MJ Ray [EMAIL PROTECTED]
Most of the two above should be in README and AUTHORS, in my  
opinion.


There is no such files with IBPP. Much easier to have everything in a
single place.


I disagree. The description of the software and the authors will  
change if
someone else extends it and it's harder to change in the licence  
than in
a README.  It's much easier for developers if you follow common  
practices

and don't put the README and AUTHORS information into your licence.


Point taken. (There is anyway a readme.txt file, of course, I was  
focused on the AUTHORS file.)



  o 0.3. Authors
'Authors' is the college of private persons or legal
entities, including TIP, who at least once contributed to IBPP.


College? What law is this drafted for?


Okay, very bad translation from a french word, loosing all its =20
meaning in english.


Is it possible to see the French licence please, if that is the
legally-binding version?


There is no such french official version of the license. The  
discussions and work around it were done by people whose native  
language is french/dutch/german. The goal is to have a single  
license, in english. There is no doubt a 1.01 revision is due for  
translations and spelling issues.


College, as used here (probably very mistakenly in english), means an  
implied 'group', a 'collection' of multiple people. The idea is that  
'Authors' is defined such it automatically includes all the persons  
(individuals, companies, other kind of legal / public / whatever  
bodies) who at least once contributed to IBPP. The idea is very  
simple, harder is to find the right minimalist words to express it.  
This is very linked to the IBPP idea that modifications /  
enhancements should be contributed back. Such contributors become de- 
facto members of that 'Authors' group.



hereby grant the following permissions, free of charge, to any =20
private
person or legal entity (hereafter \You\):


Permission not granted to public legal entities (UK =3D plcs,  
royal =20=



charter
corporations IIRC).  Breaks DFSG 5 (No Discrimination Against =20
Persons) or
6 (No Discrimination Against Fields of Endeavour).


You read it: to any private (person or legal) entity.
Intent was: to any (private person) or (legal entity).
A 'legal entity' includes a 'public legal entity' as well a  
'private =20

legal entity', isn't it? [...]


I think this might be just 'legal person' (as a company is a type of
person to the law, just not a natural person), but I am not a lawyer.
So, that wording is merely ambiguous at the moment, not a deliberate
attempt to exclude public companies.


Right, happy we agree. And yes, it will be rewritten to remove  
ambiguity.



  o 2.1. Right to Use
To use (edit when required, compile and link) the IBPP
source code as part of a larger programming work which  
effectively =20=

makes use of some or all of the functionnalities offered by IBPP.

Restriction on use: we might not agree that something is effectively
making use. Lawyerbomb, possibly breaking DFSG 3 (Derived Works).


The final part which effectively makes use of some or all of the
functionalities offered by IBPP might be simply dropped. That is not
something really important. Who would find ways to 'use' the code
without actually calling it?


You'd be surprised. Some people print this stuff on t-shirts. Dropping
that and programming would solve this.


So that would become:
2.1. Right to Use
To use (edit when required, compile and link) the IBPP source code as  
part of a larger work.



* 3. Duties

  o 3.1. Duty to give modifications back to IBPP Authors
Any modification or addition done to IBPP will be =20
submitted
to the Authors, so that those modifications or additions can be
reviewed, possibly modified or fixed, and eventually merged in a  
new
version of IBPP, if the modification is found by the Authors to  
be of

interest to the IBPP users community.


Forced donation upstream of work. I regard this as a payment or
royalty on derived works, breaking DFSG 1 (Free Redistribution).
I know others disagree, but I don't understand their reasoning.


Forced donation, indeed. But not a payment or a royalty. Matter of  
=20
reasoning. The authors would simply appreciate to see their 'baby'  
=20
benefit from some of the enhancements other people might develop:  
for =20=
the benefit of the community of users. It's one thing to release  
some =20=
code in the wild without any consideration to what will happen in  
the =20=
future, it is another to be responsible and to look for  
opportunities =20=

to centralize the evolutions / modifications so that the code can =20
mature.


I don't see why free software should allow the original licensor to  
demand
the fruits of the labour of 

Re: Results for Debian's Position on the GFDL

2006-03-22 Thread MJ Ray
Raul Miller [EMAIL PROTECTED]
 For example, taking some GFDL'd documentation, embedding
 it in an executable, then making it available to users of a
 multi-user system with read and write permissions disabled
 (and only granting execute permissions) would constitute a
 violation of the GFDL if additional steps were not also taken
 to keep this legal (for example: granting users access to a debian
 ftp archive).

Is parallel distribution of an uncontrolled copy acceptable?
I don't see how that isn't controlling the controlled copy in
a way that falls afoul of the licence.

 But so what?  We don't require that we protect users from ever
 doing something bad. [...]

We also require that licences don't try to stop users from ever
doing something bad, such as operating nuclear missiles.

   During the normal course of execution of a program, you
   need to make numerous copies of a program.  One for
   memory, one for swap, one for L2 cache, numerous
   small ones for L1 cache, ...
[...]
 In the specific case, I'm saying that such copying to L2 cache is not
 covered by the GFDL.  The GFDL does not specifically prohibit such
 copying.

The FDL would be a terrible licence for programs, but such copying is
necessarily covered by copyright and the FDL covers it: it just leaves
the defaults in place. (If English law defaults were changed badly on
this, I'd probably agree with calling it a basket-case and ignoring
much of it for the purposes of review here, as seemingly advocated.)

 It's interesting that the U.K. will remove permissions that are present
 without any explicit permission when explicit permission is granted,

I think that's a misunderstanding, but irrelevant as you say.

-- 
MJR/slef
My Opinion Only: see http://people.debian.org/~mjr/
Please follow http://www.uk.debian.org/MailingLists/#codeofconduct


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Re: FYI: Savannah seems to reject GPLv2 only projects

2006-03-22 Thread MJ Ray
Francesco Poli [EMAIL PROTECTED]
 Quote: We cannot accept GPLv2 only.

That's dumb. Of course they *can*. They just don't want to.
So, Savannah rejects free software now, just because some developers
don't want to let people weld adverts into their manuals? Shame.

[...]
 Other similar project-hosting services?

Alioth and tuxfamily, OTTOMH. I don't know if David Desrosiers still
offers hosting.

Long term, hosting it yourself under a distributed RCS and using something
like DOAP to keep project metadata seems the best bet.  If others would
like to help document the tools and methods, please let me know and we
can make it a proof-of-concept project, hack support into existing hosts
and that sort of thing. I had a bit of an attempt with coopX some years
ago, but it was too early and didn't take off.

-- 
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My Opinion Only: see http://people.debian.org/~mjr/
Please follow http://www.uk.debian.org/MailingLists/#codeofconduct


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Re: better licence for fosdem, debconf, .., videos...

2006-03-22 Thread MJ Ray
Francesco Poli [EMAIL PROTECTED]
 I'm puzzled: how can you say that Bob had no part in the *derived*
 work?

He took no part in creating the new work from it.

 Does Linus Torvalds have no part in linux-image-2.6-*.deb? Debian Linux
 kernels are different from official kernel.org ones, but that doesn't
 mean that upstream have no part in them!

I don't think Linus Torvalds helps create the deb packaging. One can say
it contains his work, but kernel-image-2.6.8-2-386.deb by the Debian
kernel team and Linus Torvalds may not be a strictly accurate credit.
I think this may be part of the reason for the particular wording of the
old BSD ad clause.

 Or am I misreading what you wrote?

Maybe.

  CC-Scotland-by-2.5 is an acceptable licence that corrects the DFSG
  failures of CC-generic-by-2.5.
 
 I have to disagree.

OK.

 At the very least (even if we conclude that requiring to remove credit
 upon request is acceptable), CC-by-2.5/scotland still has the following
 other issues:
 
 * the any comparable authorship credit lawyerbomb
 * the sue me in Scotland problem
 
 I strongly suggest to adopt clearly DFSG-free licenses that don't have
 issues in the first place, rather than choosing a license with more or
 less small issues that must be cured.

I agree with that advice. Some licensors have drunk CC deeply and will
not move, so I suggest that CC-sco is a possible compromise route
until a fixed CC 3.x is finally published.

-- 
MJR/slef
My Opinion Only: see http://people.debian.org/~mjr/
Please follow http://www.uk.debian.org/MailingLists/#codeofconduct


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Re: Daniel Wallace case vs. FSF thrown out, ordered to pay costs

2006-03-22 Thread Alexander Terekhov
Well, you could have won EURO 50.

Wanna bet whether Wallace will appeal and/or file Rule 60 Motion first?

I bet EURO 50 that he will. Who's playing?

regards,
alexander.



Re: BOLA licence (darcsweb): free or not?

2006-03-22 Thread Justin Pryzby
On Sun, Jan 08, 2006 at 08:08:50PM +0100, Stephane Bortzmeyer wrote:
 It seems DFSG-free to me but who knows?
 
 I don't like licenses, because I don't like having to worry about all this
 legal stuff just for a simple piece of software I don't really mind anyone
 using. But I also believe that it's important that people share and give back;
 so I'm placing darcsweb under the following license, so you feel guilty if you
 don't ;)
Uh oh, that may be a claim that not donating is immoral, unethical,
illegal or something similar!
http://www.debian.org/doc/debian-policy/ch-archive.html#s-pkgcopyright

 BOLA - Buena Onda License Agreement
 ---
 
 This work is provided 'as-is', without any express or implied warranty. In no
 event will the authors be held liable for any damages arising from the use of
 this work.
 
 To all effects and purposes, this work is to be considered Public Domain.
Some would complain that this doesn't give explicit permission to
modify and/or distribute, and the typical suggestion is to use either
the MIT license (liberal) or GPLv2 (copyleft) as per preference.

Justin


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Re: RFH: Non-free files in Emacs

2006-03-22 Thread Jérôme Marant
[EMAIL PROTECTED] (Nathanael Nerode) writes:

 Files in the /etc directory of emacs21 which may be legally problematic 
 follow.

Thank you very much.  This is an impressive piece of work.
I'll take some time to read it cautiously and come back if
any question.

Cheers,

-- 
Jérôme Marant



Re: Results for Debian's Position on the GFDL

2006-03-22 Thread Raul Miller
On 3/22/06, MJ Ray [EMAIL PROTECTED] wrote:
 Raul Miller [EMAIL PROTECTED]
  For example, taking some GFDL'd documentation, embedding
  it in an executable, then making it available to users of a
  multi-user system with read and write permissions disabled
  (and only granting execute permissions) would constitute a
  violation of the GFDL if additional steps were not also taken
  to keep this legal (for example: granting users access to a debian
  ftp archive).

 Is parallel distribution of an uncontrolled copy acceptable?
 I don't see how that isn't controlling the controlled copy in
 a way that falls afoul of the licence.

I'm not sure, I've not thought through that case.

My point was: these cases only coincidentally involve the use of
commonly used facilities.  It's not the use of the facilities, in and of
themselves, which are prohibited.

  But so what?  We don't require that we protect users from ever
  doing something bad. [...]

 We also require that licences don't try to stop users from ever
 doing something bad, such as operating nuclear missiles.

We require that licenses don't discriminate against fields
of endeavor, but we have never considered the right to
distribute this free software in a non-free fashion a field of
endeavor.

--
Raul



Re: BOLA licence (darcsweb): free or not?

2006-03-22 Thread Nathanael Nerode
From the BOLA license:
 To all effects and purposes, this work is to be considered Public Domain.
Justin Pryzby wrote:
Some would complain that this doesn't give explicit permission to
modify and/or distribute, and the typical suggestion is to use either
the MIT license (liberal) or GPLv2 (copyleft) as per preference.

I think the only plausible interpretation of this sentence -- at least, the 
only interpretation I can come up with -- is that the author gives you the 
right to do anything with the work that you could do with a public domain 
work.  That includes permission to modify and/or distribute.

That's a free license.

Sorry again about the thread-break.