Re: A possible approach in solving the FDL problem

2003-08-14 Thread Sergey V. Spiridonov

Peter S Galbraith wrote:


I feel that GPL will be offered next in sacrifice to the sacred cow. Of
course, GPL is not *absolutely* free!



I agree with you.  I'm also afraid that the next release of the GPL


[snip]


Maybe in your world it does.  WE have managed quite well without
worrying about market share.


This would be a good point if it will be true. But, GPL software is 
essential part of Debian. So Debian did not managed yet. Well, I do not 
know, what WE means...




 What you have missed is that freedom is easily traded away, but only

The freedom can be traded. That is important point.


Except that we are resisting that trade, while you are cheer-leading it.


I don't hear a lot of voices against GPL in main, so better if you will 
replace we are with I am.

--
Best regards, Sergey Spiridonov




Re: Should our documentation be free? (Was Re: Inconsistencies in our approach)

2003-08-14 Thread Sergey V. Spiridonov

MJ Ray wrote:

Sergey V. Spiridonov [EMAIL PROTECTED] wrote:

[...] There is a definition which says that documentation can be a 
part of the software, but I failed to find a definition which makes no 
difference between software and documentation.



This was a nice try to change the point under discussion.  It was not
claimed that software and documentation are homonyms, AFAIK.  Instead,


Are you sure?

Quote Don Armstrong [EMAIL PROTECTED]:

 If we are to treat documentation any differently than software, we
 should first define a ruberic that distinguishes software from
 documentation. In all previous discussions, we were unable to do this.

--
Best regards, Sergey Spiridonov




Re: A possible approach in solving the FDL problem

2003-08-14 Thread Sergey V. Spiridonov

Anthony DeRobertis wrote:


On Sunday, Aug 10, 2003, at 18:41 US/Eastern, Sergey V. Spiridonov wrote:

Specific differences from the DFSG should allow inariants in the 
documentation [...] Probably also Cover Texts



BTW, are you aware that probably still wouldn't make the GFDL a free 
documentation license?


There are still problems with, e.g., transparent forms.


If you meant problem with encrypted filesystems, this question was 
already answered.

--
Best regards, Sergey Spiridonov





Re: A possible approach in solving the FDL problem

2003-08-14 Thread Sergey V. Spiridonov

Josselin Mouette wrote:

Le mer 13/08/2003 à 14:20, Sergey Spiridonov a écrit :

Yes, encrypted system will be a problem if I will try to sell encrypted 
FDL books, so that one can read, but not copy or modify his copy.



That was probably the intention, but the wording makes it unclear.


Sorry it was quite clear for me.


However, everything depends on how the *software* author (not the
license author) reads it. Without explicit clarification from the author
of the FDL'ed stuff, the licensing is non-free.


Can you please explain what is unclear? Who is software author? Do you 
intend to say  documentation author?


--
Best regards, Sergey Spiridonov




unsubscribe

2003-08-14 Thread Andrew Smith


Re: A possible approach in solving the FDL problem

2003-08-14 Thread Jacobo Tarrio
O Xoves, 14 de Agosto de 2003 ás 09:05:04 +0200, Sergey V. Spiridonov escribía:

 That was probably the intention, but the wording makes it unclear.
 Sorry it was quite clear for me.

 The GFDL, as it is worded now, would forbid me sending you a GPG-encrypted
mail containing a GFDL-licensed work, even if you could decrypt it.

 Or would forbid me storing a GFDL-licensed work in my encrypted home
directory.

-- 

   Tarrío
(Compostela)



Re: A possible approach in solving the FDL problem

2003-08-14 Thread Wouter Verhelst
Op di 12-08-2003, om 16:05 schreef Branden Robinson:
 On Tue, Aug 12, 2003 at 11:45:12AM +0200, Wouter Verhelst wrote:
  No; also because I feel that there is a difference in purpose, which may
  warrant a difference in license policy.
 
 So name the difference.

It's hard to describe it, as you already know. I'll eventually come up
with one (I hope), but the fact that I can't come up with a definition
right now doesn't mean you and I don't understand the difference between
'computer program' and 'documentation'.

It's a /feeling/. Hence, I said 'I /feel/ that there is a difference'.

-- 
Wouter Verhelst
Debian GNU/Linux -- http://www.debian.org
Nederlandstalige Linux-documentatie -- http://nl.linux.org
An expert can usually spot the difference between a fake charge and a
full one, but there are plenty of dead experts. 
  -- National Geographic Channel, in a documentary about large African beasts.



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Re: A possible approach in solving the FDL problem

2003-08-14 Thread Manoj Srivastava
On Thu, 14 Aug 2003 02:36:36 +0200, Sergey V Spiridonov
[EMAIL PROTECTED] said:  

 Stephen Ryan wrote:
 You have taken the one sacred cow in the entire place here, and
 have suggested that it is merely a convenience, and that we should
 have a barbecue next Friday afternoon.  Free enough -- them's
 fightin' words.

 I feel that GPL will be offered next in sacrifice to the sacred
 cow. Of course, GPL is not *absolutely* free!

Why is it so hard to see why a license to use a work is
 treated differently? The license determines the terms I am offered
 something, as opposed to what I am offered. The freedoms I care about
 are my ability to use, modify, and share my modifications (or not, if
 I do not publish the changes).  I care about the freedom to tailor
 the behaviour of the software, to port it to the zaurus, and to be
 able to share my changes, and be able to document my changed program
 when I share it. 

All these freedoms of using and sharing software do not entail
 that the terms I was given the software under be changed; and indeed,
 the rights of users downstream rely on the terms of distribution not
 being modified. 

Though I fail to see the distinction between code, data, and
 documentation; I see no such ambiguity when it comes to
 distinguishing the license from any of those.

manoj
-- 
Lax behaviour, broken observances and dubious chastity - these are of
no great benefit. 312
Manoj Srivastava   [EMAIL PROTECTED]  http://www.debian.org/%7Esrivasta/
1024R/C7261095 print CB D9 F4 12 68 07 E4 05  CC 2D 27 12 1D F5 E8 6E
1024D/BF24424C print 4966 F272 D093 B493 410B  924B 21BA DABB BF24 424C



Re: A possible approach in solving the FDL problem

2003-08-14 Thread Edmund GRIMLEY EVANS
Peter S Galbraith [EMAIL PROTECTED]:

 I agree with you.  I'm also afraid that the next release of the GPL
 won't mean what the current one does.  I'm also afraid that the FSF will
 sacrifice it in the name of some exchange.  If that happens I pity all
 those that have license their with the words or any later version.  I
 certainly have stopped doing so.  My level of trust have gone way down.

You have to decide whether the risk of having your code used in a
program you consider to be not quite free is worse than the risk of
your code, and maybe other people's code with it, becoming unusable
due to most of the world moving to GPLv3.

If there are a large number of people contributing to a project I
think it's better if at least most of them license their contributions
with the words or any later version. That way, if GPLv3 turns out to
be a good licence the maintainers can switch to using it without
having to get permission from a huge number of people.

Edmund



Re: Inconsistencies in our approach

2003-08-14 Thread Manoj Srivastava
On Wed, 13 Aug 2003 21:08:10 +0900 (IRKST), Fedor Zuev
[EMAIL PROTECTED] said:  

MS In the example I posted before, the, the documentation of the
MS probe lists the access methods and protocols that one can talk to
MS the probe; this is the documentation part. The sensor parses the
MS same bits to determine the capabilities of the probe, and
MS publishes that as data to a central trading service.

   And where the problem?  This list is clearly not a
 software, it is a data. I agree that there are data formats equally
 suitable for reading by human and by program reader. After all, it
 is basically same thing.

Why is it merely data, and not documentation? Indeed, that
 list is part of a larger section in the sole documentation of the
 probe.  And I fail to see why it is not software. The xslt transform
 converts the list into a series of statements that are then
 executed. 


MS The very same bits are read by the generic probe handler, and with
MS an xsl transform, is handed a series of instructions to deploy the
MS probe. In all these use cases, exactly the same set of bits is
MS used.

   I do not understand. These series of instructions all
 listed in documentation mentioned above?

Indeed. They are essentially interpreted as a series of
 function calls, implementation of which is in a separate library. 

 And these series of instructions all published as data to a
 central trading service?

Nope. You are mixing two separate operations; one in which the
 list is read as data, and the capabilities of the probe thus provided
 are then published to the trading service; the second in which a
 request comes in for data, and the deployment module reads the list
 and executes the series of instructions to deploy the probe, and
 transmit the instrumentation data back to the requestor. 

 Or they just bundled to a tail of the file (or individual records in
 the file) for further burden?

They are not at the tail of the file.

 Or they appears only in generic probe handler software?

The probe handler software runs a xslt transfor on the list,
 and converts them into a form that can be exec'ed in sequence. No, the
 specific instructions are in the same list (the one taht is the
 documentation, as well as the data for the trading service). 



MS I am not talking about bundles -- I am talking about a the same
MS bits.

manoj

-- 
!  A good move !!  An excellent move !!!  An I.A. Horowitz move E.C.O.
Manoj Srivastava   [EMAIL PROTECTED]  http://www.debian.org/%7Esrivasta/
1024R/C7261095 print CB D9 F4 12 68 07 E4 05  CC 2D 27 12 1D F5 E8 6E
1024D/BF24424C print 4966 F272 D093 B493 410B  924B 21BA DABB BF24 424C



Re: Should our documentation be free? (Was Re: Inconsistencies in our approach)

2003-08-14 Thread MJ Ray
Sergey V. Spiridonov [EMAIL PROTECTED] wrote:
 MJ Ray wrote:
 This was a nice try to change the point under discussion.  It was not
 claimed that software and documentation are homonyms, AFAIK.  Instead,
 Are you sure?

Yes.

 Quote Don Armstrong [EMAIL PROTECTED]:
  If we are to treat documentation any differently than software, we
  should first define a ruberic that distinguishes software from
  documentation. In all previous discussions, we were unable to do this.

This quote does not claim that they are identical.  Being able
to distinguish software from documentation in order to treat them
differently would mean that the two sets documentation and software
are exclusive.  For if they are not exclusive, any documentation that
is software would not need a new set of guidelines to be in debian,
ergo there is no need to treat them differently.  However, if it can
be demonstrated that they can be distinguished, it gives form to the
difference claims.

The negation (they have a non-empty intersection) is not the same as
saying that they are identical.  I think this is not complicated, so I
hope that I have been detailed enough in explaining it.

-- 
MJR/slef   My Opinion Only and possibly not of any group I know.
  http://mjr.towers.org.uk/   jabber://[EMAIL PROTECTED]



Re: A possible approach in solving the FDL problem

2003-08-14 Thread Peter S Galbraith
Sergey V. Spiridonov [EMAIL PROTECTED] wrote:

 Peter S Galbraith wrote:
 
 I feel that GPL will be offered next in sacrifice to the sacred cow. Of
  course, GPL is not *absolutely* free!
 
 I agree with you.  I'm also afraid that the next release of the GPL
 
 [snip]
 
  Maybe in your world it does.  WE have managed quite well without
  worrying about market share.
 
 This would be a good point if it will be true. But, GPL software is
 essential part of Debian. So Debian did not managed yet. Well, I do not
 know, what WE means...

I'm sorry, I thought you were talking about the GFDL?
We, Debian, have done quite well without worrying about the distro's
market share.  If you mean to say that we are riding on the market share
of GPL software that is not of our doing, then you are quite right.

But this is _GPL'ed_ software which seems to be doing quite well without
sacrificing its license for more market share.  You can't possibly argue
that GFDL documentation has played a role in increasing GNU market share?

 
   What you have missed is that freedom is easily traded away, but only
 
 The freedom can be traded. That is important point.
  Except that we are resisting that trade, while you are cheer-leading it.
 
 I don't hear a lot of voices against GPL in main, so better if you will
 replace we are with I am.

Are are implying that I am against the GPL?  If so, read what I said
over again.

Peter



Re: A possible approach in solving the FDL problem

2003-08-14 Thread Peter S Galbraith
Edmund GRIMLEY EVANS [EMAIL PROTECTED] wrote:

 Peter S Galbraith [EMAIL PROTECTED]:
 
  I agree with you.  I'm also afraid that the next release of the GPL
  won't mean what the current one does.  I'm also afraid that the FSF will
  sacrifice it in the name of some exchange.  If that happens I pity all
  those that have license their with the words or any later version.  I
  certainly have stopped doing so.  My level of trust have gone way down.
 
 You have to decide whether the risk of having your code used in a
 program you consider to be not quite free is worse than the risk of
 your code, and maybe other people's code with it, becoming unusable
 due to most of the world moving to GPLv3.

True, but I plan to be around to evaluate that license myself.
 
 If there are a large number of people contributing to a project I
 think it's better if at least most of them license their contributions
 with the words or any later version. That way, if GPLv3 turns out to
 be a good licence the maintainers can switch to using it without
 having to get permission from a huge number of people.

You are quite right for large projects.

For small projects, I have lost sufficient confidence in the FSF to do
that.

Peter



Re: A possible approach in solving the FDL problem

2003-08-14 Thread Anthony DeRobertis


On Wednesday, Aug 13, 2003, at 03:17 US/Eastern, Branden Robinson wrote:


On Tue, Aug 12, 2003 at 07:51:56PM -0400, Anthony DeRobertis wrote:
Because this isn't the forum for discussing the removal of non-free? 
And

because the discussion about removing non-free has to wait until the
shelved[0] amendment about changing founding documents, which was/is
waiting for the now-completed voting amendment?


Manoj's amendment wasn't just about changing founding documents; it
introduced the concept, which you won't find in the current version of
the Constitution (or any previous draft).


I agree with you. However, the secretary at the time determined that 
founding documents had magical super powers[0], and the constitution 
says that the secretary gets to interpret the thing, so...


And, AFAIK, there were never a general resolution to overrule the 
secretary, so his decision, wrong as it may be, stands.



From a Constitutional perspective, the Social Contract and DFSG are no
different than any other nontechnical document the Project might issue
under 4.1.5 and in fact are specifically the things Ian Jackson had in
mind when he wrote that clause of the Constitution.


I'm sure that's true, especially since it even mentions documents 
relating to our definition of free software.




However, we're getting off-topic for -legal and more into -project
territory.


Agreed. Only bcc'd to -legal.


PS: Does the constitution even say we have to follow the social 
contract?



[0] Of the constitution-overriding type



Re: A possible approach in solving the FDL problem

2003-08-14 Thread Fedor Zuev
On Wed, 13 Aug 2003, Jimmy Kaplowitz wrote:

JKOn Wed, Aug 13, 2003 at 07:50:32PM +0900, Fedor Zuev wrote:
JKAccording FDL, You may not use technical measures to
JK obstruct or control the reading or further copying of the _copies_
JK _you_ _make_ _or_ _distribute_. You has no obligations regarding
JK you own copy of document. You only cannot distribute document and
JK limit access to it in the same time.

JKHowever, if you _make_ a copy by using the cp command on your own
JKsystem, you are subject to the rule you quoted, and you can't put it on
JKan encrypted filesystem.

Again. You demand from licensce to cure a problem,
nonexistent under any jurisdiction I heard about.

Computer is a single tangible medium, and any internal
technological process whithin it, you aware or even not aware about
(How about, for example, a dynamic memory regeneration? Hundreds of
thousands copies of RAM per second btw) is completely irrelevant to
the copyright, and, consequently, licences.


JKIt's also possible to interpret _make_ to cover
JKa download initiated by you, since a new copy of the program is
JKcertainly being made.

No. At the moment of download you not have the copy of
licence that shipped with the package. So, you cannot agree or not
agree with this licence to get or not get the right to make copy.
For initial download you anyway need an another source of right.
Distributor consent, usually. Distributor has this right, according
to _his_ copy of licence. And licence do not demand from a
distributor to control medium of downloader`s copy. Licence only
demand not to encrypt work himself.




Re: A possible approach in solving the FDL problem

2003-08-14 Thread Anthony DeRobertis
On Wednesday, Aug 13, 2003, at 08:20 US/Eastern, Sergey Spiridonov 
wrote:


Yes, encrypted system will be a problem if I will try to sell 
encrypted FDL books, so that one can read, but not copy or modify his 
copy.


It seems that some people completely misunderstood FDL, or just don't 
read it...


Possibly. Personally I've read it, several times, and I'm pretty sure 
most regulars here have.


Now, I think a much bigger problem on this mailing list is people who 
have not read the list archives.




Re: A possible approach in solving the FDL problem (joke)

2003-08-14 Thread Anthony DeRobertis


On Wednesday, Aug 13, 2003, at 10:31 US/Eastern, MJ Ray wrote:


This is not my understanding of the word or in that sentence of
the FDL.  Are you sure that you have it right?


Possibly there is a virus going around that changes all occurrences of 
or to and in displayed license texts. That would explain a lot.


Hmmm, I wonder, if someone were to write a virus that were to detect 
when an EULA was displayed, and change the display (e.g., add up top 
you may either accept these terms or use this programs as allowed in 
Title 17 USC) what would the legal effect be, assuming click-wrap 
licenses are valid at all?




Re: A possible approach in solving the FDL problem

2003-08-14 Thread Anthony DeRobertis

On Wednesday, Aug 13, 2003, at 13:51 US/Eastern, Fedor Zuev wrote:


Of course, you can claim that the very special definition of
software


As an aside, I'd like to note that several reputable dictionaries agree 
with the definition of software being the part of the computer that is 
not hardware. So it's not my very own special definition; quite the 
opposite, its a common usage of the word.


But all this does not help you to restrict other peoples to
not use this defintion outside the scope of DFSG.


That's correct. I can't. I can't stop anyone from using a word however 
they please. I can stop people from saying inflammable to mean 
flammable either. That's one of those things about living in a 
(semi-)free society: People are allowed to speak as they chose.



And it is very
probable that people will use this definftion in any context, even
very harmful.


Then those contexts need to be more careful either in defining terms 
they use or in selecting better terms. Software was originally defined 
in opposition to hardware; anyone who wrote their copyright laws 
assuming another usage without defining it is the real problem here.



 So, you encourage, intentionaly or not, the harmful
for users interpretation of copyright.  This harm (_real_ harm,
there are plenty of cases when propietary content vendors use the
'everything digital is software' argument)


And I doubt that has anything to do with Debian.


You can not ignore the existence of a laws even if you will
try twice as hard.


If we were ignoring laws, we could just declare Copyright is dead. 
Governments are obsolete. Technology conquers all. Subscribe to Wired! 
and disband -legal.


No matter how -legal (and most of the computing community, for that 
matter) defines software, in any sane country, its your actions that 
will land you in jail, not the DFSG.




Re: A possible approach in solving the FDL problem

2003-08-14 Thread Anthony DeRobertis


On Wednesday, Aug 13, 2003, at 15:37 US/Eastern, Sergey V. Spiridonov 
wrote:


Freedom has a value because it is convenient and useful to be free. 
Nothing else. There is no need to have a freedom which can't be used, 
and sometimes we can agree to give away a bit of our freedom, which we 
can't (or do not want) utilize in exchange for other values.


I disagree strongly that freedom is only a means. However, I think 
thats sort of beside the point.


Debian demands that no one needs to agree not to utilize particular 
freedoms by using software from main. We, through the social contract, 
promise that to our users. Those unalienable freedoms are spelled out 
in the DFSG.


The GFDL alienates at least one of the freedoms we guarantee to our 
users in our Social Contract; therefor, it can not go in main.




Re: A possible approach in solving the FDL problem

2003-08-14 Thread Anthony DeRobertis
On Wednesday, Aug 13, 2003, at 15:57 US/Eastern, Sergey V. Spiridonov 
wrote:



People wanting FDL in main want to distribute non-free stuff.


Hm... Can you prove it? Software in non-free is clearly non-free. 
While FDL seems to be disputable on this list.


The question of GFDL with invariant sections was settled long ago. If 
you take a poll of this list, you'll find most everyone agrees that is 
non-free.


I believe the question of the GFDL w/o invariant sections has similarly 
been settled.


There are only a few people, yourself included, who seem like they 
might disagree with one or both of the above conclusions. Please go 
ahead and look at the list archives and count.


So distributing non-free is a good thing? Do you really think, that 
you help users when you distribute non-free?


That is a question for another thread on another mailing list. So is 
the related question of: If yes, does that benefit outweigh the harm 
(if any) to free software and/or our integrity/principles/etc.




Re: A possible approach in solving the FDL problem

2003-08-14 Thread Anthony DeRobertis
On Wednesday, Aug 13, 2003, at 18:19 US/Eastern, Sergey V. Spiridonov 
wrote:


Note, there still can be special rare cases, where such a freedom is 
really needed.

I'm calling you on this one: I say there are not, other than selling
software. Back it up or drop it.


A good example will be the license of Guile or license of the run-time 
units of the GNU Ada compiler.


So, if those things were under strait GPL, by your usefulness 
definition, they wouldn't be DFSG-free, because they don't grant the 
freedom to create proprietary works?




Re: A possible approach in solving the FDL problem

2003-08-14 Thread Anthony DeRobertis
On Wednesday, Aug 13, 2003, at 20:36 US/Eastern, Sergey V. Spiridonov 
wrote:


I feel that GPL will be offered next in sacrifice to the sacred cow. 
Of course, GPL is not *absolutely* free!


Explain exactly how the GPL could possibly violate the DFSG considering 
that the DFSG says we consider it free?



 gotten with blood, sweat, and tears.  Those who have paid for their

You can buy a bit freedom for money,


Freedom is a birthright. If you have to pay for it, you're not free. 
This is quite off-topic for this list, of course.




Re: A possible approach in solving the FDL problem

2003-08-14 Thread Anthony DeRobertis


On Thursday, Aug 14, 2003, at 02:47 US/Eastern, Sergey V. Spiridonov 
wrote:



There are still problems with, e.g., transparent forms.


If you meant problem with encrypted filesystems, this question was 
already answered.


a) I didn't. Check the archive for a long discussion.

b) As far as encrypted file systems, the only answer I see is that the
   GFDL is non-free.



Re: A possible approach in solving the FDL problem

2003-08-14 Thread Sergey V. Spiridonov

Peter S Galbraith wrote:


But this is _GPL'ed_ software which seems to be doing quite well without
sacrificing its license for more market share.  You can't possibly argue


GPL takes away some freedoms. Can you argue this point? If not, then why 
are you using GPL? GPL makes barbecue from your cow. If you do not want 
to trade your freedom, you should not use GPL.




Are are implying that I am against the GPL?  If so, read what I said
over again.


Are you implying that I am against the freedom? If so, read what I said
over again.
--
Best regards, Sergey Spiridonov




Re: A possible approach in solving the FDL problem

2003-08-14 Thread Fedor Zuev
On Wed, 13 Aug 2003, Bernhard R. Link wrote:

BRL* Fedor Zuev [EMAIL PROTECTED] [030812 22:56]:
BRL   Because everyting is software declarations does not really
BRL serve for promotion of any freedom, but, contrary, only for stealing
BRL freedom existed under the law.

BRLPlease note that there can be different definitions which vary by
BRLtheir field of use. (For extreme examples see the definition of
BRLring in mathematics).

BRL   Of course, there is some differences between countries, but
BRL they are relatively small regarding this subject. Under software
BRL copyright user get far more restrictions and far less rights than
BRL under any other flavor of copyright.

BRLPlease note that most other jurisdictions normaly have their laws
BRLwritten in other languages, too. And in most countries the words
BRLin the law have a slightly different meaning than in normal use.
BRL(On example is murder. At least in Germany any form of killing
BRL is refered to as Mord(murder) in normal usage, whereas Mord
BRL in the sense of law is much more limited (intententions, lower
 motives and such things)).

BRLSo while most jurisdictions may have different terms and some
BRLmay even state the term software in their laws (I guess most
BRLwill more likely take an more exact wording and only the
BRLcommentary refer to software), we still have to find a suitable
BRLdefinition which of its meanings we want it to mean.

All above is very reasonable and wise.

But I still not understand, what you want to say me. Sorry,
my English is very bad.

Please note that there is  substantional difference between
word may (or can) and word is. You read to me long lecture on
how the world may be arranged. Very accurate lecture, without doubt.
But I not talked about how world may be arranged. I talked about how
the world _is_ arranged. According to my poor knowledge, of course.
You see any factual mistake in my statements? Let's discuss it.


BRLAnd just saying all digital data is software is the easiest and
BRLmost elegant meaning in this context.

In which context?

BRL   In USA (and most of EU countries) you can legally rent copy
BRL of any copyrighted book - but not a copy of computer program.

BRLI don't know about the whole EU, but I think I heared most
BRLclauses to prefent renting might be illegal in Germany. (At
BRLleast noone should be able to stop you from renting a disc with
BRLprograms on it, don't know if anyone might allowed to copy it to
BRLit's RAM).

Why do you think so?

AFAIK, article 69c, item 3 of German copyright law (I have
English translation of revision from 1998 year) clearly states that
distribution of computer program in the form of rent is a exclusive
right of rightholder, even for the copies, rightfully owned by
someone else. Unlike any other copyrighted works.

This exclusive right is demanded by European Copyright
directive, and I doubt that it removed since 1998 year.

May be you heard about another similar subject: distinction
between sale and rent, and a habit of some prorpietary software
vendors to state that sale of they software is really the rent?
Sale, of course, is not a rent and everyone who said othervise is a
liar.


BRLIt think the most important difference between computer programs
BRLand non-computer-programs here in Germany is the ability to
BRLprotect non-human-generated pieced (like compiled computer
BRLprograms). Everything

Printed books copyrighted from the very beginning of
copyright regime.

There a many more important differences. For example,
software copyright is a single case, where set of exclusive right
interferes not only with distribution and dissemenation, but also
with normal use of lawfully asquired copy of work.




Re: A possible approach in solving the FDL problem

2003-08-14 Thread Sergey V. Spiridonov

Peter S Galbraith wrote:

That's mostly correct.  If only the GFDL did only that.  But it also 
forces derived works to include the unvariant sections.  Also include


Of course it is, otherwise one can produce a derived work to exclude 
invariant section. This would be a hole.

--
Best regards, Sergey Spiridonov




Re: A possible approach in solving the FDL problem

2003-08-14 Thread Peter S Galbraith
Sergey V. Spiridonov [EMAIL PROTECTED] wrote:

 Peter S Galbraith wrote:
 
  But this is _GPL'ed_ software which seems to be doing quite well without
  sacrificing its license for more market share.  You can't possibly argue
 
 GPL takes away some freedoms. Can you argue this point? If not, then why
 are you using GPL? GPL makes barbecue from your cow. If you do not want to
 trade your freedom, you should not use GPL.

The GPL takes away the freedom to redistribute works as closed sources
or unmodifiable.  But it enforces the freedoms we want.  It protects the
developer from other developers redistributing work that cannot be used
by the initial developer.  It protects the user by giving them the right
to fork the code if something happens to the developer.

The GFDL lets other developers redistribute a fork that cannot be folded
back upstream by giving them the tool of using a poison pill (invariant
section).  The GFDL does not add any protection or freedom for the users
compared to the GPL.

  Are are implying that I am against the GPL?  If so, read what I said
  over again.
 
 Are you implying that I am against the freedom? If so, read what I said
 over again.

If I understand correctly, you don't mind trading some aspects of
freedom which we consider crucial in exchange for something that you
think will buy market share.  This is off-topic and pointless.

Peter



Re: A possible approach in solving the FDL problem

2003-08-14 Thread Peter S Galbraith
Sergey V. Spiridonov [EMAIL PROTECTED] wrote:

 Peter S Galbraith wrote:
 
  That's mostly correct.  If only the GFDL did only that.  But it also
  forces derived works to include the unvariant sections.  Also include
 
 Of course it is, otherwise one can produce a derived work to exclude
 invariant section. This would be a hole.

A hole in what?  In the fact that the GFDL allow invariant sections?
That's a circular argument.

Why is it important that a derived work maintain this secondary text?
Why are distributors given the right to add anything that anyone
downstream cannot remove?  What if you were not allowed to modify it,
but you were allowed to remove it?

And you clipped what I said about including the text of the license.
What is gained by that outside of the scope of dead-tree paper books?

Peter



Re: A possible approach in solving the FDL problem

2003-08-14 Thread Sergey V. Spiridonov

Anthony DeRobertis wrote:


There are still problems with, e.g., transparent forms.



If you meant problem with encrypted filesystems, this question was 
already answered.



a) I didn't. Check the archive for a long discussion.


Well, most of problems were on how people interpret You may not use 
technical measures to obstruct or control the reading or further copying 
of the copies you make or distribute.


One who use your arguments can say: it is prohibited to have firewall or 
password checking on the PC with FDL documentation.


It is quite clear that it is not the intended way to enforce FDL. Since 
it is not fixed till now, I conclude there is no bug here. Another point 
can be that bugfix is in work...




b) As far as encrypted file systems, the only answer I see is that the
   GFDL is non-free.


Please, check the archive.

--
Best regards, Sergey Spiridonov




Re: A possible approach in solving the FDL problem

2003-08-14 Thread Fedor Zuev
On Thu, 14 Aug 2003, Wouter Verhelst wrote:

WVOp wo 13-08-2003, om 14:20 schreef Sergey Spiridonov:
WV Yes, encrypted system will be a problem if I will try to sell encrypted
WV FDL books, so that one can read, but not copy or modify his copy.

WVWhat if you'd want to create a custom Debian installation CD which
WVimmediately contains some passwords on it, so that you'd have an easy
WVtime installing a lot of systems?

WVYou may want to protect those passwords by encrypting them somehow; and
WVif encrypting the CD is the easiest way, you'd probably do so.

WVUnfortunately, if you'd be distributing those CD's to some people
WVso that they could help you install the systems, you'd
WVtechnically be in breach of the FDL's terms.

Yes, of course. And, I think, not just technically.

Please note, that your scheme differs from the well-known
scheme of selling encrypted books in exactly one point: assumed fair
intention of distributor. Bud fair intention is not a thing you can
define in licence.



Re: A possible approach in solving the FDL problem

2003-08-14 Thread Brian T. Sniffen
Sergey V. Spiridonov [EMAIL PROTECTED] writes:

 Anthony DeRobertis wrote:

 There are still problems with, e.g., transparent forms.

 If you meant problem with encrypted filesystems, this question was
 already answered.
 a) I didn't. Check the archive for a long discussion.

 Well, most of problems were on how people interpret You may not use
 technical measures to obstruct or control the reading or further
 copying of the copies you make or distribute.

You didn't look back far enough.  Try late winter 2003, as well as
early fall 2002, when we were arguing about the draft version.  I
think that was the last time someone raised this here...

Either way, no, there's a serious problem with the fact that I can't
usefully license this whatzit I've written in MS Word under the GFDL.
I also cannot license any sound file under the GFDL, and there are big
problems with images and composite works, particularly if they use
text as graphical components.  The FSF considers that a feature; many
here consider it non-free.  The preferred form for modification rule
is quite reasonable; a list of open formats is not.  Among other
problems, it will fail to adapt to advances in technology.

The prohibition against use of encrypted filesystems is intended to
prohibit taking a GFDL-document even further non-free by abuse of the
US DMCA; unfortunately, it steps too far and is non-free itself.

 One who use your arguments can say: it is prohibited to have firewall
 or password checking on the PC with FDL documentation.

Yes.

 It is quite clear that it is not the intended way to enforce
 FDL.

This message is licensed to you under the GNU FDL, with no Cover Texts
and one Invariant Section, consisting only of the irrelevancies you
have stated.  As the author and sole copyright holder for the text I
have written, I inform you that I intend the interpretation of You
may not use technical measures to obstruct or control the reading or
further copying of the copies you make or distribute. in section two
to prohibit use of the following measures without restriction or
limitation:

* Password-based login mechanisms.

* Filesystem mandatory access controls.

* Single-direction computer monitors, together with attendant walls,
  intervening space, buildings, trees, etc.

You will of course all immediately provide me with access to your
machines or delete this message, right?  No?  Well, then, I suppose I
provide a license under the MIT/X11 license to the Debian Project as
well.

 Since it is not fixed till now, I conclude there is no bug
 here. Another point can be that bugfix is in work...

Wait, you're using the existence of a problem as evidence it isn't a
bug?  But if you're wrong, then maybe they're working on fixing it?

 b) As far as encrypted file systems, the only answer I see is that the
GFDL is non-free.

 Please, check the archive.

Hunh.  You're either a moderately clever troll or a totally gormless
knuckledragger.  You can safely assume that Anthony, like all of the
regulars here, has read every message sent to this list since before
the release of GNU FDL 1.2, and discussed it for most of that time.
Seriously, go read everything from about September 2002 through the
present, and you'll see that all of the arguments you're making have
been raised and dismissed.  This will take you a long time.  It took
the rest of us almost a year, so you will receive little sympathy.

-Brian


License:
GNU Free Documentation License
  Version 1.2, November 2002


 Copyright (C) 2000,2001,2002  Free Software Foundation, Inc.
 59 Temple Place, Suite 330, Boston, MA  02111-1307  USA
 Everyone is permitted to copy and distribute verbatim copies
 of this license document, but changing it is not allowed.


0. PREAMBLE

The purpose of this License is to make a manual, textbook, or other
functional and useful document free in the sense of freedom: to
assure everyone the effective freedom to copy and redistribute it,
with or without modifying it, either commercially or noncommercially.
Secondarily, this License preserves for the author and publisher a way
to get credit for their work, while not being considered responsible
for modifications made by others.

This License is a kind of copyleft, which means that derivative
works of the document must themselves be free in the same sense.  It
complements the GNU General Public License, which is a copyleft
license designed for free software.

We have designed this License in order to use it for manuals for free
software, because free software needs free documentation: a free
program should come with manuals providing the same freedoms that the
software does.  But this License is not limited to software manuals;
it can be used for any textual work, regardless of subject matter or
whether it is published as a printed book.  We recommend this License
principally for works whose purpose is instruction or reference.


1. APPLICABILITY AND DEFINITIONS

This License 

Re: Inconsistencies in our approach

2003-08-14 Thread Anthony DeRobertis

On Wednesday, Aug 13, 2003, at 03:15 US/Eastern, Fedor Zuev wrote:


If the package gets extra input information as a part of using it
_and_ a result substantially[*] varies, depending this input
information _and_ these variations at least partially controlled by
statements in package[**] - package is a software.


So, if I write something that calculates the value of pi, that is not 
software because it does not [get] extra input information as part of 
using it? What, prey tell, is my program? Hardware?




Re: Bug#202723: perl-doc: Non-free manpage included

2003-08-14 Thread Mark Jason Dominus

I am the original author of the manual page in question.  I am
presently negotiating with CMP, who acquired the Perl Journal a few
years ago, to obtain complete and unambiguous copyright on the
article.  If I succeed, I will release the original article and
'perlreftut', the derived manpage, under the GNU FDL or whatever other
license the Debian maintainers think appropriate.  

Even if I don't succeed in this, I will try to negotiate a less
restrictive license.

Can I suggest that if something like this comes up in the future, you
try contacting the original author for assistance?  I would have done
something sooner, but the problem was brought to my attention only
this afternoon.

Mark-Jason Dominus   [EMAIL 
PROTECTED]





Re: A possible approach in solving the FDL problem

2003-08-14 Thread Jimmy Kaplowitz
On Thu, Aug 14, 2003 at 02:41:34PM -0400, Anthony DeRobertis wrote:
 That's correct. I can't. I can't stop anyone from using a word however 
 they please. I can stop people from saying inflammable to mean 
 flammable either. That's one of those things about living in a 
 (semi-)free society: People are allowed to speak as they chose.

Ummm... stupid as it sounds, inflammable actually does mean roughly the
same thing as flammable. It's related to the verb to inflame. The
opposite of flammable is nonflammable. Yeah, English is like that.

- Jimmy Kaplowitz
[EMAIL PROTECTED]



Re: A possible approach in solving the FDL problem

2003-08-14 Thread Branden Robinson
On Thu, Aug 14, 2003 at 11:08:35AM +0200, Wouter Verhelst wrote:
 It's a /feeling/. Hence, I said 'I /feel/ that there is a difference'.

Yes; most proponents of the
less-freedom-for-documentation-than-for-software crowd appear to be
operating at the bellyfeel level.

-- 
G. Branden Robinson|   The last Christian died on the
Debian GNU/Linux   |   cross.
[EMAIL PROTECTED] |   -- Friedrich Nietzsche
http://people.debian.org/~branden/ |


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Re: A possible approach in solving the FDL problem

2003-08-14 Thread Andrew Suffield
On Thu, Aug 14, 2003 at 10:06:52PM +0200, Sergey V. Spiridonov wrote:
 Anthony DeRobertis wrote:
 There are still problems with, e.g., transparent forms.
 
 
 If you meant problem with encrypted filesystems, this question was 
 already answered.
 
 
 a) I didn't. Check the archive for a long discussion.
 
 Well, most of problems were on how people interpret You may not use 
 technical measures to obstruct or control the reading or further copying 
 of the copies you make or distribute.
 
 One who use your arguments can say: it is prohibited to have firewall or 
 password checking on the PC with FDL documentation.
 
 It is quite clear that it is not the intended way to enforce FDL.

It is quite clear that this is what the license says. The intent of
the authors is rather less clear. It is also irrelevant.

Are you trying to make the argument Since this is an unreasonable
restriction for free documentation, we can pretend it doesn't exist ? 
That doesn't make a lot of sense.

 Since 
 it is not fixed till now, I conclude there is no bug here. Another point 
 can be that bugfix is in work...

Alternatively, the FSF could have decided that they do not wish to
discuss the matter, since we don't consider invariant sections free -
and therefore have ignored all the other points we've raised,
including this one.

This alternative happens to be the one which is accurate, as far as I
can see (at least, that's what RMS said).

 b) As far as encrypted file systems, the only answer I see is that the
GFDL is non-free.
 
 Please, check the archive.

The archive contains a lot of people saying this makes the GFDL
non-free.

-- 
  .''`.  ** Debian GNU/Linux ** | Andrew Suffield
 : :' :  http://www.debian.org/ |
 `. `'  |
   `- --  |


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Re: A possible approach in solving the FDL problem

2003-08-14 Thread Sergey V. Spiridonov

Anthony DeRobertis wrote:

So, if those things were under strait GPL, by your usefulness 
definition, they wouldn't be DFSG-free, because they don't grant the 
freedom to create proprietary works?


My usefulness definition is not interpretation of DFSG.
--
Best regards, Sergey Spiridonov




Re: A possible approach in solving the FDL problem

2003-08-14 Thread Branden Robinson
On Thu, Aug 14, 2003 at 08:47:35AM +0200, Sergey V. Spiridonov wrote:
 Anthony DeRobertis wrote:
 There are still problems with, e.g., transparent forms.
 
 If you meant problem with encrypted filesystems, this question was 
 already answered.

I am not at all surprised that you do not provide a citation in support
of this assertion.

-- 
G. Branden Robinson|It was a typical net.exercise -- a
Debian GNU/Linux   |screaming mob pounding on a greasy
[EMAIL PROTECTED] |spot on the pavement, where used to
http://people.debian.org/~branden/ |lie the carcass of a dead horse.


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Re: A possible approach in solving the FDL problem

2003-08-14 Thread Andrew Suffield
On Thu, Aug 14, 2003 at 09:47:00PM +0200, Sergey V. Spiridonov wrote:
 Peter S Galbraith wrote:
 
 That's mostly correct.  If only the GFDL did only that.  But it also 
 forces derived works to include the unvariant sections.  Also include
 
 Of course it is, otherwise one can produce a derived work to exclude 
 invariant section. This would be a hole.

Your argument was founded upon the notion that these statements were
political opinions and therefore did not need to be, and should not,
be modified.

How would this be affected by granting the permission to remove the
irrelevant crap?

[I should point out, again, that we have no real business distributing
political statements, and therefore this falls into the irrelevant
category. The DFSG-freeness of things which have no place in Debian is
not really a concern - does it matter that your lunch is not
DFSG-free?]

-- 
  .''`.  ** Debian GNU/Linux ** | Andrew Suffield
 : :' :  http://www.debian.org/ |
 `. `'  |
   `- --  |


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Re: A possible approach in solving the FDL problem

2003-08-14 Thread Andrew Suffield
On Thu, Aug 14, 2003 at 09:37:05PM +0200, Sergey V. Spiridonov wrote:
 Are are implying that I am against the GPL?  If so, read what I said
 over again.
 
 Are you implying that I am against the freedom? If so, read what I said
 over again.

You are arguing that because (in the case of the GPL) we are willing
to trade a freedom that we do not want for an advantage that we do,
then we should also (in the case of the GFDL) be willing to trade a
freedom that forms part of our core goals for an advantage that we
don't want.

This argument seems bogus to me.

-- 
  .''`.  ** Debian GNU/Linux ** | Andrew Suffield
 : :' :  http://www.debian.org/ |
 `. `'  |
   `- --  |


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Re: A possible approach in solving the FDL problem (joke)

2003-08-14 Thread Andrew Suffield
On Thu, Aug 14, 2003 at 02:23:39PM -0400, Anthony DeRobertis wrote:
 
 On Wednesday, Aug 13, 2003, at 10:31 US/Eastern, MJ Ray wrote:
 
 This is not my understanding of the word or in that sentence of
 the FDL.  Are you sure that you have it right?
 
 Possibly there is a virus going around that changes all occurrences of 
 or to and in displayed license texts. That would explain a lot.
 
 Hmmm, I wonder, if someone were to write a virus that were to detect 
 when an EULA was displayed, and change the display (e.g., add up top 
 you may either accept these terms or use this programs as allowed in 
 Title 17 USC) what would the legal effect be, assuming click-wrap 
 licenses are valid at all?

You could probably be held without trial under the DMCA for having
such a program on your computer, with or without your knowledge.

-- 
  .''`.  ** Debian GNU/Linux ** | Andrew Suffield
 : :' :  http://www.debian.org/ |
 `. `'  |
   `- --  |


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Re: A possible approach in solving the FDL problem

2003-08-14 Thread Branden Robinson
On Thu, Aug 14, 2003 at 01:51:06PM -0400, Anthony DeRobertis wrote:
 It's rather hard to determine the sign when you don't have any values 
 to do arithmetic on!
 
 Is can't distribute modified binaries a -10?; -1,000?; or -???
 
 How exactly would this standard help us. It seems we'd just be arguing 
 over the value of each clause as a proxy; i.e., it'd just add overhead 
 to our determinations.

That's the point.  The enterprise here is to cheapen freedom by
commoditizing, and reducing the deliberation process of Debian's license
vetting process to floor trading at the local stock exchange.

To a capitalist, everything looks like a chattel.

-- 
G. Branden Robinson|A celibate clergy is an especially
Debian GNU/Linux   |good idea, because it tends to
[EMAIL PROTECTED] |suppress any hereditary propensity
http://people.debian.org/~branden/ |toward fanaticism.-- Carl Sagan


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Re: A possible approach in solving the FDL problem

2003-08-14 Thread Sergey V. Spiridonov

Anthony DeRobertis wrote:

What's so weird about wanting to categorize software by license?


I'm speaking about distribution of the software.

Why is it so interesting that there are opinions between non-free in 
main and kill non-free?


The main difference is that people who want FDL in main believe in FDL 
is free. People who want Debian to distribute software in non-free know 
and believe that this software is non-free.

--
Best regards, Sergey Spiridonov




Re: A possible approach in solving the FDL problem

2003-08-14 Thread Branden Robinson
On Wed, Aug 13, 2003 at 02:27:31PM +0200, Josselin Mouette wrote:
 Le mer 13/08/2003 à 14:20, Sergey Spiridonov a écrit :
  Yes, encrypted system will be a problem if I will try to sell encrypted 
  FDL books, so that one can read, but not copy or modify his copy.
 
 That was probably the intention, but the wording makes it unclear.

...and we've already seen how seriously the FSF takes suggestions for
wording changes in the FDL, even those which don't run contrary to their
enterprise.

-- 
G. Branden Robinson|  The noble soul has reverence for
Debian GNU/Linux   |  itself.
[EMAIL PROTECTED] |  -- Friedrich Nietzsche
http://people.debian.org/~branden/ |


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Re: A possible approach in solving the FDL problem

2003-08-14 Thread Branden Robinson
On Wed, Aug 13, 2003 at 07:50:32PM +0900, Fedor Zuev wrote:
 On Tue, 12 Aug 2003, Anthony DeRobertis wrote:
 ADSo, it appears that if I have a non word-readable home directory,
 ADespecially if it happens to be over crypto-loopback, I can't
 ADstore FDL documents in $HOME.
 
   False, btw.
 
   According FDL, You may not use technical measures to
 obstruct or control the reading or further copying of the _copies_
 _you_ _make_ _or_ _distribute_. You has no obligations regarding
 you own copy of document. You only cannot distribute document and
 limit access to it in the same time.

I suggest you review the difference between the meanings of and and
or.

-- 
G. Branden Robinson|   Yesterday upon the stair,
Debian GNU/Linux   |   I met a man who wasn't there.
[EMAIL PROTECTED] |   He wasn't there again today,
http://people.debian.org/~branden/ |   I think he's from the CIA.


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Re: Inconsistencies in our approach

2003-08-14 Thread Anthony DeRobertis


On Wednesday, Aug 13, 2003, at 08:18 US/Eastern, Nick Phillips wrote:


You don't generally load the contents of an audio CD in before use,


They how, prey tell, do you do all the ECC corrections on the data and 
feed it to your DA converter?


Not that this is too on-topic.



Re: A possible approach in solving the FDL problem

2003-08-14 Thread Branden Robinson
On Wed, Aug 13, 2003 at 01:27:19PM +0200, Sergey Spiridonov wrote:
 It's interesting that people who want Debian to move FDL to non-free at 
 the same time want Debian to distribute non-free stuff.

A false assertion, obviously made in abject ignorance.

Have you ever tried doing basic research before opining on subjects upon
which you obviously have minimal knowledge?

-- 
G. Branden Robinson|  The National Security Agency is
Debian GNU/Linux   |  working on the Fourth Amendment
[EMAIL PROTECTED] |  thing.
http://people.debian.org/~branden/ |  -- Phil Lago, Deputy XD, CIA


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Re: A possible approach in solving the FDL problem

2003-08-14 Thread Branden Robinson
On Thu, Aug 14, 2003 at 12:16:39AM +0900, Fedor Zuev wrote:
   The same as for the backup of any other content: from
 proprietary program to temporary files for which you do not have
 explicit licences just because they are temporary files, for example
 emails.
 
   If you practise to made backups - then you have some legal
 basis to do so.
 
   If you happens to live in the country where that legal basis
 not exists  well, that is certainly NOT a problem of licence.
 Public licences can not and shall not be a universal cure for any
 legal stupidity exists or may be invented in the world. Or, you
 should be coherent and call non-free any licence which not provide
 effective counter-measure for DMCA, UCITA, PATRIOT Act, EU Copyright
 directives, TRIPS and so on. In other words, ALL licences.

Ah, he's arguing a Fair Use exemption from the requirements of the GNU
FDL.

Interesting.  As far as I know, the Debian Project has never before had
to rely on such a legal theory to exercise fundamental freedoms for
software under a license we regarded as Free.

This Fair Use argument is likely to fly quite well in, say, the United
Kingdom.

-- 
G. Branden Robinson|
Debian GNU/Linux   | De minimis non curat lex.
[EMAIL PROTECTED] |
http://people.debian.org/~branden/ |


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Re: A possible approach in solving the FDL problem

2003-08-14 Thread Sergey V. Spiridonov

Joe Wreschnig wrote:


Repeating over and over FDL seems to be disputable on this list does
not make the FDL disputed, it just makes you contridictory.


Oh it is not disputed? Sorry...




Re: A possible approach in solving the FDL problem

2003-08-14 Thread MJ Ray
Fedor Zuev [EMAIL PROTECTED] wrote:
   Computer is a single tangible medium, and any internal
 technological process whithin it, you aware or even not aware about
 [...] is completely irrelevant to
 the copyright, and, consequently, licences.

I thought you posted the translation of German law that says Insofar as
loading, displaying, running, transmission or storage of the computer
program necessitate such reproduction, such acts shall be subject to
authorization by the right holder

If you cause a copy to be made, it is still a copy...  Your local laws
may regard it differently.

-- 
MJR/slef   My Opinion Only and possibly not of any group I know.
  http://mjr.towers.org.uk/   jabber://[EMAIL PROTECTED]



Re: A possible approach in solving the FDL problem

2003-08-14 Thread John Galt
-BEGIN PGP SIGNED MESSAGE-
Hash: SHA1

On Fri, 15 Aug 2003, Fedor Zuev wrote:

On Wed, 13 Aug 2003, Jimmy Kaplowitz wrote:

JKOn Wed, Aug 13, 2003 at 07:50:32PM +0900, Fedor Zuev wrote:
JK   According FDL, You may not use technical measures to
JK obstruct or control the reading or further copying of the _copies_
JK _you_ _make_ _or_ _distribute_. You has no obligations regarding
JK you own copy of document. You only cannot distribute document and
JK limit access to it in the same time.

JKHowever, if you _make_ a copy by using the cp command on your own
JKsystem, you are subject to the rule you quoted, and you can't put it on
JKan encrypted filesystem.

   Again. You demand from licensce to cure a problem,
nonexistent under any jurisdiction I heard about.

   Computer is a single tangible medium, and any internal
technological process whithin it, you aware or even not aware about
(How about, for example, a dynamic memory regeneration? Hundreds of
thousands copies of RAM per second btw) is completely irrelevant to
the copyright, and, consequently, licences.

_MAI Systems v. Peak Computer_ (991 F.2d 511) says otherwise.  To quote
part: The district court's grant of a summary judgment on MAI's claims of
copyright infringement reflects its conclusion that a 'copying' for
purposes of copyright law occurs when a program is transferred from a
permanent storage device to a computer's RAM.  This conclusion is
consistent with its finding, in granting the preliminary injunction, that:
'the loading of copyrighted software from a storage medium (hard disk,
floppy disk, or read only memory) into the memory of a central processing
unit (CPU) causes a copy to be made.  In the absence of ownership of the
copyright or express permission by license, such acts constitute copyright
infringement.'  We find that this conclusion is supported by the record
and the law.


JKIt's also possible to interpret _make_ to cover
JKa download initiated by you, since a new copy of the program is
JKcertainly being made.

   No. At the moment of download you not have the copy of
licence that shipped with the package. So, you cannot agree or not
agree with this licence to get or not get the right to make copy.
For initial download you anyway need an another source of right.
Distributor consent, usually. Distributor has this right, according
to _his_ copy of licence. And licence do not demand from a
distributor to control medium of downloader`s copy. Licence only
demand not to encrypt work himself.

Upon download, a new license gets granted from the FSF to yourself.
Given that breaking shrinkwrap can constitute acceptance of a license, it
is not that much of a stretch to say that double-clicking or issuing a
get foo to your download client isn't enough to constitute acceptance of
a license.


- -- 
 * You are not expected to understand this.
- --comment from Unix system 6 source, credited to Lions and Johnson
Who is John Galt?  [EMAIL PROTECTED], that's who.


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