Re: request-tracker3: license shadiness

2004-06-11 Thread Don Armstrong
On Thu, 10 Jun 2004, Josh Triplett wrote: Brian Thomas Sniffen wrote: Michael Poole [EMAIL PROTECTED] writes: # Unless otherwise specified, all modifications, corrections or # extensions to this work which alter its source code become the # property of Best Practical Solutions, LLC when

Re: request-tracker3: license shadiness

2004-06-11 Thread Josh Triplett
Don Armstrong wrote: On Thu, 10 Jun 2004, Josh Triplett wrote: Brian Thomas Sniffen wrote: Michael Poole [EMAIL PROTECTED] writes: # Unless otherwise specified, all modifications, corrections or # extensions to this work which alter its source code become the # property of Best Practical

Re: request-tracker3: license shadiness

2004-06-11 Thread Don Armstrong
On Thu, 10 Jun 2004, Josh Triplett wrote: In that case, would you consider the clause Free if it said when the author of such alterations submits them for inclusion in the work? That would make such assignment entirely voluntary. Possibly. I'm not entirely enthused about clauses like this

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2004-06-11 Thread
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Re: Draft Summary: MPL is not DFSG free

2004-06-11 Thread Nathanael Nerode
Edmund GRIMLEY EVANS wrote: Jim Marhaus [EMAIL PROTECTED]: snip | With respect to disputes in which at least one party is a citizen | of, or an entity chartered or registered to do business in the | United States of America, any litigation relating to this License |

Re: license change for POSIX manpages

2004-06-11 Thread Nathanael Nerode
Florian Weimer wrote: * Josh Triplett: Agreed. In the text could imply right next to where you differ from the standard, which would probably be unreasonable enough to be non-free. Without the in the text, modifiers could simply add a blanket notice somewhere in the distributed work

Re: request-tracker3: license shadiness

2004-06-11 Thread Brian Thomas Sniffen
Josh Triplett [EMAIL PROTECTED] writes: Is it still non-free even though you are not required to submit patches to them for inclusion? If you opted to never send patches upstream, the condition would not affect you at all. Note that simply distributing the patches could not be considered as

Re: Draft Summary: MPL is not DFSG free

2004-06-11 Thread Edmund GRIMLEY EVANS
Nathanael Nerode [EMAIL PROTECTED]: Also, could someone explain how this sort of condition would work in practice? Suppose I'm the licensee. The licensor would go to court in Santa Clara County and say what, exactly? I haven't signed anything, so how would the licensor convince the court

Re: Draft Summary: MPL is not DFSG free

2004-06-11 Thread Andrew Suffield
On Fri, Jun 11, 2004 at 02:20:54PM +0100, Edmund GRIMLEY EVANS wrote: If the court is willing to take the licensor's word for it, then couldn't the licensor sue me in Santa Clara even if I had never had anything to do with the software? Yes, but you could then tell them and the

Contractual requirements [was: request-tracker3: license shadiness]

2004-06-11 Thread Matthew Palmer
Brian Thomas Sniffen wrote: Josh Triplett [EMAIL PROTECTED] writes: Is it still non-free even though you are not required to submit patches to them for inclusion? If you opted to never send patches upstream, the condition would not affect you at all. Note that simply distributing the

Re: Draft Summary: MPL is not DFSG free

2004-06-11 Thread Matthew Palmer
On Fri, Jun 11, 2004 at 02:20:54PM +0100, Edmund GRIMLEY EVANS wrote: Nathanael Nerode [EMAIL PROTECTED]: Yes, but you could then tell them and the court that they had to move the suit to where you lived. With this clause, you couldn't (unless the clause was ruled to be unenforcable).

Re: Draft Summary: MPL is not DFSG free

2004-06-11 Thread Edmund GRIMLEY EVANS
Matthew Palmer [EMAIL PROTECTED]: Yes, but you could then tell them and the court that they had to move the suit to where you lived. With this clause, you couldn't (unless the clause was ruled to be unenforcable). This is circular. A court has to decide from the facts of the

Re: Draft Summary: MPL is not DFSG free

2004-06-11 Thread Mahesh T. Pai
Jim Marhaus said on Thu, Jun 10, 2004 at 09:49:36PM +,: 1. Firebird Database http://packages.debian.org/changelogs/pool/main/f/firebird/firebird_1.0.2-2.1/copyright Something wrong here?? I do a apt-cache show firebird-c64-server here, and get this :- quote (with several snips)

Re: Contractual requirements [was: request-tracker3: license shadiness]

2004-06-11 Thread Glenn Maynard
On Fri, Jun 11, 2004 at 11:57:38PM +1000, Matthew Palmer wrote: This comment has just clarified something that's been rattling around half-formed in my head for a little while now, regarding Free licences. I don't know if it's been raised before, but I think it bears discussion: A licence

Re: request-tracker3: license shadiness

2004-06-11 Thread Florian Weimer
* Michael Poole: Can Debian properly redistribute rt3 if rt3 alleges both distribution under the GPL and GPL-incompatible restrictions? I could send you a copy of RT3 without the offending paragraph. Would this make you somewhat more comfortable with RT's license? -- Current mail filters:

Re: request-tracker3: license shadiness

2004-06-11 Thread mdpoole
Florian Weimer writes: * Michael Poole: Can Debian properly redistribute rt3 if rt3 alleges both distribution under the GPL and GPL-incompatible restrictions? I could send you a copy of RT3 without the offending paragraph. Would this make you somewhat more comfortable with RT's license?

Re: Mozilla Public License is non-free: stipulates court venue ?

2004-06-11 Thread Lex Spoon
MJ Ray [EMAIL PROTECTED] wrote: I'm afraid that is a revisionist interpretation. First, Mozilla is certainly intended to be Open Source, which is essentially the same as what Debian means by free: The jury seems out on that. They could mean *anything* by Open Source.

Re: Draft Summary: MPL is not DFSG free

2004-06-11 Thread Lex Spoon
Matthew Palmer [EMAIL PROTECTED] wrote: I would imagine that the plaintiff would argue in their local court that the clause was enforceable, and the defendant would argue in their local court that it wasn't. If both won in their respective juristictions, you would appeal the decisions to a

Re: Draft Summary: MPL is not DFSG free

2004-06-11 Thread Lex Spoon
Edmund GRIMLEY EVANS [EMAIL PROTECTED] wrote: I don't know much about the US legal system. How different is this from the ordinary default situation? If I were a citizen of, or an entity chartered or registered to do business in the United States of America would I normally be able to safely

Re: Draft Summary: MPL is not DFSG free

2004-06-11 Thread Lex Spoon
Edmund GRIMLEY EVANS [EMAIL PROTECTED] wrote: With a contract that both parties have signed it's fairly easy to see that both parties have agreed to the choice of venue; with a public licence quite a lot of legal work has to be done in order to show that the licence has anything to do with the

Re: Draft Summary: MPL is not DFSG free

2004-06-11 Thread Lewis Jardine
Mahesh T. Pai wrote: Jim Marhaus said on Thu, Jun 10, 2004 at 09:49:36PM +,: 1. Firebird Database http://packages.debian.org/changelogs/pool/main/f/firebird/firebird_1.0.2-2.1/copyright Something wrong here?? I do a apt-cache show firebird-c64-server here, and get this :- quote

Re: Draft Summary: MPL is not DFSG free

2004-06-11 Thread Matthew Palmer
On Fri, Jun 11, 2004 at 05:48:23PM -0400, Lex Spoon wrote: Edmund GRIMLEY EVANS [EMAIL PROTECTED] wrote: I don't know much about the US legal system. How different is this from the ordinary default situation? If I were a citizen of, or an entity chartered or registered to do business in the

Re: Draft Summary: MPL is not DFSG free

2004-06-11 Thread Lex Spoon
Matthew Palmer [EMAIL PROTECTED] wrote: On Fri, Jun 11, 2004 at 05:48:23PM -0400, Lex Spoon wrote: I am wondering this as well. It might actually be legally *preferable* to have a license where choice of venue is specified, because otherwise one needs to be prepared to face suits in all

Re: Draft Summary: MPL is not DFSG free

2004-06-11 Thread Brian Thomas Sniffen
Lex Spoon [EMAIL PROTECTED] writes: Edmund GRIMLEY EVANS [EMAIL PROTECTED] wrote: With a contract that both parties have signed it's fairly easy to see that both parties have agreed to the choice of venue; with a public licence quite a lot of legal work has to be done in order to show that

Re: Draft Summary: MPL is not DFSG free

2004-06-11 Thread Brian Thomas Sniffen
You think it's beneficial. Reasonable people might disagree. Thus, while you might accept such a contract, it's not a free license. It is always beneficial to receive software under a free license. -- Brian Sniffen [EMAIL PROTECTED]