Re: infos about alien licenses

2006-04-13 Thread Matthew Palmer
On Thu, Apr 13, 2006 at 07:45:46AM +0200, Wolfgang Lonien wrote:
  I don't think that the clause is necessarily a problem, though -- it reads
  to me more like a slightly more emphatic no-warranty clause, rather than a
  prohibition against use in any particular field.
 
 So what should I do in this case? Contact the upstream and ask him/her
 to change that license? Or do we accept this? I'll leave that open to
 discussion here for the moment.

Since there hasn't been any dissenting opinion expressed, I'd say that
there's no massive objection to the clause as it stands.  My advice would be
to put in a quiet query to upstream asking if they really think that the
extra bit is really needed, since there's a perfectly good warranty
disclaimer already, and whether they meant for the clause to be binding or
merely advisory.  In the meantime, get the packaging sorted out (both the
app itself and the dependencies).  My guess is that upstream probably
boilerplated the template from somewhere, or thought it was a good idea at
the time(tm), and will be happy to clarify their intent.

- Matt


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Re: infos about alien licenses

2006-04-13 Thread Stephen Gran
This one time, at band camp, Matthew Palmer said:
 On Wed, Apr 12, 2006 at 02:35:28PM +0200, Wolfgang Lonien wrote:
  
  THIS SOFTWARE IS NOT FAULT TOLERANT AND SHOULD NOT BE USED IN ANY
  SITUATION ENDANGERING HUMAN LIFE OR PROPERTY.
 
 This is possibly problematic, depending on how you define should.  I'd
 take it as just being a restatement of the whole no warranty, if it breaks
 you get to keep both pieces thing, but it could be read as forbidding use
 in the mentioned areas.

The word 'should' has a fairly straight forward meaning in the English
language.  This does not present a problem, as far as I can see.  It is
substantively no different from the standard:

Debian GNU/Linux comes with ABSOLUTELY NO WARRANTY, to the extent
permitted by applicable law.

It is a disclaimer telling you they take no responsibility if you use it
in a situation that endagers human life or property.  No problem.
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Re: infos about alien licenses

2006-04-13 Thread Wolfgang Lonien
Stephen Gran wrote:
 This one time, at band camp, Matthew Palmer said:
 On Wed, Apr 12, 2006 at 02:35:28PM +0200, Wolfgang Lonien wrote:
 THIS SOFTWARE IS NOT FAULT TOLERANT AND SHOULD NOT BE USED IN ANY
 SITUATION ENDANGERING HUMAN LIFE OR PROPERTY.
 This is possibly problematic, depending on how you define should.  I'd
 take it as just being a restatement of the whole no warranty, if it breaks
 you get to keep both pieces thing, but it could be read as forbidding use
 in the mentioned areas.
 
 The word 'should' has a fairly straight forward meaning in the English
 language.  This does not present a problem, as far as I can see.  It is
 substantively no different from the standard:
 
 Debian GNU/Linux comes with ABSOLUTELY NO WARRANTY, to the extent
 permitted by applicable law.
 
 It is a disclaimer telling you they take no responsibility if you use it
 in a situation that endagers human life or property.  No problem.

Sounds good to me. Thanks for the clarification.

cheers,
wjl aka Wolfgang Lonien
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Re: infos about alien licenses

2006-04-13 Thread Stephen Gran
This one time, at band camp, Matthew Palmer said:
 On Thu, Apr 13, 2006 at 11:25:54AM +0100, Stephen Gran wrote:
  This one time, at band camp, Matthew Palmer said:
   On Wed, Apr 12, 2006 at 02:35:28PM +0200, Wolfgang Lonien wrote:

THIS SOFTWARE IS NOT FAULT TOLERANT AND SHOULD NOT BE USED IN ANY
SITUATION ENDANGERING HUMAN LIFE OR PROPERTY.
   
   This is possibly problematic, depending on how you define should.  I'd
   take it as just being a restatement of the whole no warranty, if it 
   breaks
   you get to keep both pieces thing, but it could be read as forbidding use
   in the mentioned areas.
  
  The word 'should' has a fairly straight forward meaning in the English
  language.
 
 I just had a look at 'dict should' and it was a bit more complicated than
 you make out.  There's also the legal English alternative -- there's plenty
 of words that have different interpretation in legal documents than they do
 in colloquial usage.

Should in legal English has much the same use and meaning as it does in
the RFC's - it means roughly 'it would be good if ...' but does not mean
'we require ...'.  I understand that you came to the same conclusion,
but I wanted to be clear here.  

Take care,
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Re: PHP license...

2006-04-13 Thread Francesco Poli
On Wed, 12 Apr 2006 16:59:36 -0400 Charles Fry wrote:

  As you may have read in the thread you're referring to (I don't know
  which of them, as there are quite several), I don't agree.
  I believe that PHP license version 3.01 does not comply
  with the DFSG, even when applied to PHP itself or to PHP Group
  software. The problematic clause is #4.
  
  Moreover, when the license is applied to anything else (that is to
  say, software not provided by the PHP Group), a bunch of additional
  issues appear.
 
  Unfortunately, it seems that really few people here are able to see
  what I perceive as a clear non-freeness.
 
 As previously mentioned on the list, there are and have been other
 packages in Debian with similar clauses.

This is not an argument.

Previous errors should not be taken as a justification for their
reiteration.
Just try and imagine the following BTS interaction between a user and
the maintainer of package foo:
James R. User there's a buffer overflow vulnerability in foo
John F. Maintainer there are and have been other packages in Debian
   with similar vulnerabilities, so that must be OK, tag wontfix

 
  Moreover the result of the discussions seems to be that several bugs
  were *closed*, while the license is still unfixed...  :-(((
 
 If you want to have a severe bug on this licensing issue, I invite you
 to open it with PHP itself.

Filing a serious bug against package php[345] is unlikely to produce
significant results, unless I can convince other debian-legal regulars
that there actually is a problem.
If I filed a bug report now, the php package maintainer would probably
come to debian-legal to check whether my claims are backed by some
consensus on the list and/or review previous discussions about the
topic: he would probably close the bug.
Consequently, I think that I must first gain consensus on the list and
*only then* file a serious bug against php[345] and hope the issue can
be fixed by upstream.

Remember that PHP License has an auto-upgrade clause, so if the PHP
Group fixes the license (with a new version, say 3.02 or 4.0) every
package that is affected by this issue would instantly become DFSG-free.
Fix once, Free everywhere!

 As long as PHP is allowed to remain
 ininhibited in Debian, there is no arguement for removing other PHP
 Group software that uses the same license.

As I repeatedly stated, the issue I'm pointing out holds for both PHP
itself and other PHP Group software.
I'm not trying to claim that PHP is OK, while other PHP Group software
is not.


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