GPLed software with no true source. Was: Bug#402650: ITP: mozilla-foxyproxy

2007-01-29 Thread Yaroslav Halchenko
I've ran into a problem: given firefox extension released under
GPL as shipped (.xpi files) has obscured .js files -- all
formatting was removed.

I've asked the upstream to provide proper source code, but so far he
effectively refused to do that, although it seems to be a very simple
operation to perform.

For our discussion see
http://z9.invisionfree.com/foxyproxy/index.php?showtopic=250

If I understood GPL license correctly, upstream author simply can't
release anything under GPL if he doesn't provide sources. Whenever I've
asked on mozilla's addons IRC I've got reply as
afaik he codes himself, and so if he writes on his page / in the
package that it is gpl, you can use it under the gpl license but I
think that he/she is incorrect in his/her understanding of GPL.

Could anyone correct/confirm me? Is there anything I could do to gently
force upstream to either provide the sources or rerelease his
probably-full-of-spyware software under some non-FOSS license, so I
don't even bother thinking about packaging/using it? ;-)

P.S. Please CC me since I am not on debian-legal list

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Re: GPLed software with no true source. Was: Bug#402650: ITP: mozilla-foxyproxy

2007-01-29 Thread Michael Poole
Yaroslav Halchenko writes:

 I've ran into a problem: given firefox extension released under
 GPL as shipped (.xpi files) has obscured .js files -- all
 formatting was removed.

 I've asked the upstream to provide proper source code, but so far he
 effectively refused to do that, although it seems to be a very simple
 operation to perform.

 For our discussion see
 http://z9.invisionfree.com/foxyproxy/index.php?showtopic=250

 If I understood GPL license correctly, upstream author simply can't
 release anything under GPL if he doesn't provide sources. Whenever I've
 asked on mozilla's addons IRC I've got reply as
 afaik he codes himself, and so if he writes on his page / in the
 package that it is gpl, you can use it under the gpl license but I
 think that he/she is incorrect in his/her understanding of GPL.

 Could anyone correct/confirm me? Is there anything I could do to gently
 force upstream to either provide the sources or rerelease his
 probably-full-of-spyware software under some non-FOSS license, so I
 don't even bother thinking about packaging/using it? ;-)

A copyright owner can distribute his software under a license that is
impossible to fulfill.  The problem -- especially with copyleft -- is
when anyone else wants to exercise the rights that the license is
supposed to grant.  Courts would have to interpret how the license
should be construed when the copyright owners' terms are impossible to
satisfy.  The safe thing is to not distribute or modify any work like
that.

Michael Poole


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Re: GPLed software with no true source. Was: Bug#402650: ITP: mozilla-foxyproxy

2007-01-29 Thread Evan Prodromou
On Mon, 2007-29-01 at 14:06 -0500, Yaroslav Halchenko wrote:
 I've ran into a problem: given firefox extension released under
 GPL as shipped (.xpi files) has obscured .js files -- all
 formatting was removed.

So, if I read your comments correctly, the .js files aren't
intentionally obfuscated. Whitespace has just been removed in order to
speed up download. It may be misguided, but it's also pretty common
among JavaScript programmers.

I was able to run the JavaScript code through GNU indent
(http://www.gnu.org/software/indent/ ) and get readable and modifiable
output. I think there are some special-purpose JavaScript beautifiers
out there that could give even better formatting.

I don't think that this is a case where the user gets unmodifiable
source.

~Evan

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The Debian Project (http://www.debian.org/)


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Re: GPLed software with no true source. Was: Bug#402650: ITP: mozilla-foxyproxy

2007-01-29 Thread Mike Hommey
On Mon, Jan 29, 2007 at 04:25:56PM -0500, Evan Prodromou [EMAIL PROTECTED] 
wrote:
 On Mon, 2007-29-01 at 14:06 -0500, Yaroslav Halchenko wrote:
  I've ran into a problem: given firefox extension released under
  GPL as shipped (.xpi files) has obscured .js files -- all
  formatting was removed.
 
 So, if I read your comments correctly, the .js files aren't
 intentionally obfuscated. Whitespace has just been removed in order to
 speed up download. It may be misguided, but it's also pretty common
 among JavaScript programmers.

Except the javascript file is zipped in a .xpi file, making the space
removing argument moot.

 I was able to run the JavaScript code through GNU indent
 (http://www.gnu.org/software/indent/ ) and get readable and modifiable
 output. I think there are some special-purpose JavaScript beautifiers
 out there that could give even better formatting.
 
 I don't think that this is a case where the user gets unmodifiable
 source.

However, the GPL requires the prefered form for modification to be
provided. And what the author uses to modify is definitely not the
whitespace-free version.

Mike


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Re: GPLed software with no true source. Was: Bug#402650: ITP: mozilla-foxyproxy

2007-01-29 Thread Stephen Gran
This one time, at band camp, Mike Hommey said:
 
  I was able to run the JavaScript code through GNU indent
  (http://www.gnu.org/software/indent/ ) and get readable and modifiable
  output. I think there are some special-purpose JavaScript beautifiers
  out there that could give even better formatting.
  
  I don't think that this is a case where the user gets unmodifiable
  source.
 
 However, the GPL requires the prefered form for modification to be
 provided. And what the author uses to modify is definitely not the
 whitespace-free version.

Given that the only difference between the version you see and the
version the author modifies is whitespace, I don't think there's a real
'freedom' issue.  It might be nice if the author built this into the
build system so it was something you didn't have to worry about this,
but I really don't see this as a violation of the preferred form for
modification clause, sorry.  I've always read that as being intended for
people that want to ship only an .o or other intermediate, compiled
version of the program.  In this case, you have a pretty lossless
converter.
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Re: GPLed software with no true source. Was: Bug#402650: ITP: mozilla-foxyproxy

2007-01-29 Thread Yaroslav Halchenko
  So, if I read your comments correctly, the .js files aren't
  intentionally obfuscated. Whitespace has just been removed in order to
  speed up download. It may be misguided, but it's also pretty common
  among JavaScript programmers.
 Except the javascript file is zipped in a .xpi file, making the space
 removing argument moot.
That is exactly what I thought and stated in our discussion with the
author on the support forum. .xpi is compressed, then chrome file is
shipped within .jar which is also zip compressed. I don't think that
spaces is of any concern for the size. They might contribute to few %s
of the size.

Also VC available from mozilla.org [1] got only space-stripped versions of
the code -- no originals as well...


  I was able to run the JavaScript code through GNU indent
  (http://www.gnu.org/software/indent/ ) and get readable and
  modifiable
I've done that (with astyle) but it still was really hard to
comprehend the source.

  I don't think that this is a case where the user gets unmodifiable
  source.
 However, the GPL requires the prefered form for modification to be
 provided. And what the author uses to modify is definitely not the
 whitespace-free version.
seconded.

For now I just tagged ITP bug with wontfix and provided a description
why not... 

[1] http://www.mozdev.org/source/browse/foxyproxy/

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Re: GPLed software with no true source. Was: Bug#402650: ITP: mozilla-foxyproxy

2007-01-29 Thread Ben Finney
Stephen Gran [EMAIL PROTECTED] writes:

 This one time, at band camp, Mike Hommey said:
  However, the GPL requires the prefered form for modification to be
  provided. And what the author uses to modify is definitely not the
  whitespace-free version.

 Given that the only difference between the version you see and the
 version the author modifies is whitespace, I don't think there's a real
 'freedom' issue.

We know of *one* difference between what the author modifies and what
is distributed as source. I don't necessarily believe that's the
only difference. There could be additional differences, e.g. stripping
comments, that are impossible to restore.

The point is that the recipient isn't getting the preferred form of
the work for making modifications to it and can't therefore fulfil
the terms of the GPL when distributing the work.

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Ben Finney


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Re: GPLed software with no true source. Was: Bug#402650: ITP: mozilla-foxyproxy

2007-01-29 Thread Joey Hess
Mike Hommey wrote:
 However, the GPL requires the prefered form for modification to be
 provided. And what the author uses to modify is definitely not the
 whitespace-free version.

The same could be true of any secret modifications to any program made
by its upstream author. Perhaps the debhelper that I actually develop is
written in a very high level language or templating system that compiles
it down to the dh_* files that you get in the source package. They do
all look somewhat similar, don't they? If I made such a claim, would
you consider that debhelper needs to be removed from Debian now?

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Re: GPLed software with no true source. Was: Bug#402650: ITP: mozilla-foxyproxy

2007-01-29 Thread Evan Prodromou
On Tue, 2007-30-01 at 08:59 +1100, Ben Finney wrote:

 The point is that the recipient isn't getting the preferred form of
 the work for making modifications to it and can't therefore fulfil
 the terms of the GPL when distributing the work.

It's obvious that some transformations are acceptable for distributing
source code. I assume that lossless compression like zip or gzip is OK,
right? As well as conversion of character codes (ASCII - Unicode)? DOS
line endings to Mac- or Unix-style line endings?

I know that stripping whitespace from the source code is a step beyond
this -- it _is_ lossy -- but it's not _too_ far off. The re-indented
code isn't fun to edit, but it's definitely possible to do.

I think if someone was being extra-careful, they'd avoid
re-distributing, but if it were me I'd avoid loaded statements like no
true source or accusations that upstream was distributing spyware.

~Evan

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Re: Python Software Foundation trademark policy

2007-01-29 Thread MJ Ray
Christmas came and this thread was dropped... just to tie off:

Gervase Markham [EMAIL PROTECTED] wrote:
 MJ Ray wrote:
  Passing off is a little different, so I don't want to confuse that
  with trademarks. 

 That's not something I know much about; a reference on the difference 
 would be appreciated if you have one.

As I understand it, registered trademarks are handled by legislation,
whereas passing off is handled by case law.  Registered trademarks are
infringed if a mark is registered as specified, and used in a way
described in the act as restricted.  Passing off is a vaguer offence
that occurs if you impersonate someone else or their product.  There
are various summaries in civil court decisions:

  Lord Diplock in Warnink v Townend (1980) RPC 31 at 93 identified,
  from the cases decided before l980, five characteristics which had
  to be present. He said: My Lords, Spalding v Gamage and the later
  cases make it possible to identify five characteristics which must
  be present in order to create a valid cause of action for passing
  off: (1) a misrepresentation (2) made by a trader in the course of
  trade (3) to prospective customers of his or ultimate consumers of
  goods or services supplied by him, (4) which is calculated to injure
  the business or goodwill of another trader (in the sense that this
  is a reasonably foreseeable consequence) and (5) which causes actual
  damage to a business or goodwill of the trader by whom the action is
  brought or (in a quia timet action) will probably do so. -- British
  Telecommunications Plc  Ors v One In A Million Ltd  Ors [1998]
  EWCA Civ 1272 (23 July 1998) URL:
  http://www.bailii.org/ew/cases/EWCA/Civ/1998/1272.html

  How is Python being used by the distributor to label the shipped
  version of CPython in any way that you can determine *during*
  purchase?

 Let's modify the scenario, then. Let's say I am particularly keen to get 
 a Linux distribution which contains this Python language I've heard so 
 much about. I ask the commercial distributor at the stand: Does this 
 copy of Debian contain Python? Does he say:

 a) Yes
 b) No
 c) It includes a bit of software we call python which is based on the 
 official one from the PSF, and we hope it's fully compatible with it, 
 but we have no connection with them, etc. etc.
 d) Hang on, I have to call the PSF to get their approval before I can 
 tell you.

 a) is, I assert, trademark infringement. b) is misleading and unhelpful 
 at best. d) is clearly ridiculous. I suppose c) would be OK, but I doubt 
 that's the answer you would get in practice. If it's the only legal 
 answer, does Debian need to warn its distributors?

I suggest that a) may not be trademark infringement because the
language is also called Python and Debian contains an implementation
of that language.  A clueful distributor would say something like c)
it contains a python interpreter, but I agree that the standard of
distributor responses to these questions is sometimes not great.

I don't think Debian needs to warn its distributors - they should
already have noticed they are swimming in trademark-infested water,
thanks to the bugs about the debian trademark!

  A bit of y, a bit of something like c and a bit of z.  My position is
  that I do not understand why the distributor would *need* to infringe
  the Python word trademark.  I see no need to use the Python mark in
  the course of trade to distribute debian.  

 So, as I understand it, the use of the word Python in the Debian docs on 
 the CD is using the mark, but it's not in the course of trade?

Does a trade mark exist without trade?

 Does that mean if I give away my can's of Gerv's Cola labelled as Coca 
 Cola, instead of selling them, then it's not in the course of trade so 
 it's OK?

It depends why you are giving them away, but it may not be a trademark
offence.  (It may still be all other sorts of offence.)

 Or if I sell boxes labelled Famous Name-Brand Cola inside, 
 and people open them after purchase and see cans of what looks very like 
 Coke, that's OK too?

I think that's almost certainly OK - it seems similar to the discount
mystery cases of wine that people buy from firms like Laithwaites.
http://www.laithwaites.co.uk/xsite~xsite~jan_mystery.xml~otbprefix~HP_JAN_L11_MYSTERY~mscssid~656BF4B532FF41AC849FED6D6219C91F.aspx
Sometimes it's the real deal, sometimes it's a near relative or the
vineyard next door.

 I admit this is a bit stretched, but I find it hard to understand how we 
 come to a position where Debian can label anything it likes with any 
 trademarks it likes in its distribution, as long as it doesn't write the 
 trademarks on the outside of the CD.

It's not quite that, but I can't figure out how the project would be
infringing the Python trademark in this situation.

Hope that explains,
-- 
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My Opinion Only: see http://people.debian.org/~mjr/
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Re: GPLed software with no true source. Was: Bug#402650: ITP: mozilla-foxyproxy

2007-01-29 Thread Don Armstrong
On Mon, 29 Jan 2007, Joey Hess wrote:
 The same could be true of any secret modifications to any program
 made by its upstream author. 

They'd have to be publicly knowable, though, so secret modifications
don't really work.

 Perhaps the debhelper that I actually develop is written in a very
 high level language or templating system that compiles it down to
 the dh_* files that you get in the source package. They do all look
 somewhat similar, don't they? If I made such a claim, would you
 consider that debhelper needs to be removed from Debian now?

Obviously we should try to figure out if the author was lying or
making fun of -legal first, but if it was actually true and debhelper
was GPLed, then we can't do anything else.[1]

Debian should distribute the (digitally distributable) form of the
work that the author actually uses to modify the work. We *must* do so
in the case of GPLed works.

That in both of these cases it's trivial to actually modify the work
merely obscures the real problem: the users of the software are second
class citizens to the copyright holder.


Don Armstrong

1: I know it may be annoying, but it is what the letter of the GPL
requires, and definetly what its spirit asks for.
-- 
Quite the contrary; they *love* collateral damage. If they can make
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enough people do that, then there'll be no legitimate reason left for
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