Re: GFDL and cover texts

2007-08-12 Thread Josselin Mouette
Le mardi 07 août 2007 à 10:48 -0500, Jordi Gutiérrez Hermoso a écrit :
 But we can't modify the COPYING file in a source tarball, and that's
 ok. Why isn't a cover text like a GNU manual also acceptable?

IIRC, we also accepted invariant stuff in code comments.

Cover texts are *functional* invariants. They restrict what you can do
with the documentation. The reference card issue should be enough in
itself to demonstrate this has real implications.

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Skype license

2007-08-12 Thread Øystein Gisnås
I got a request from a Skype employee who was eager to distribute
Skype with Debian. I replied that the current license probably is not
compatible with DFSG and promised to ask debian-legal what has to be
done with Skype's license to make it distributable.

In it's current form, I don't think Skype is suitable even for
non-free. So the primary question is What has to change in Skype's
license to make it distributable in non-free?, with the secondary
question being the same for main.

I posted a question about the Skype license back in 2004
(http://lists.debian.org/debian-legal/2004/07/msg00570.html), but the
text has changed since then.

http://www.skype.com/company/legal/ is a list of links to pages about
Skype terms and policies. The two important ones are the EULA
(http://www.skype.com/company/legal/eula/) and the distribution terms
(http://www.skype.com/company/legal/promote/distributionterms.html)

Cheers,
Øystein Gisnås
Skype End User License Agreement
IMPORTANT – PLEASE READ CAREFULLY

Before reading the articles below, please note the following preliminary terms, 
which use some of the definitions specified in Article 1 below:

No Emergency Calls: by entering into this Agreement You acknowledge and agree 
that the Skype Software does not and does not intend to support or carry 
emergency calls. Please also see article 7 below.

Entering into this Agreement:This End User License Agreement constitutes a 
valid and binding agreement between Skype Software S.a.r.l and You, as a user, 
for the use of the Skype Software. You must enter into this Agreement by 
clicking on the ACCEPT button in order to install and use the Skype Software. 
You hereby agree and acknowledge that this Agreement covers all Your use of 
Skype Software, whether it be from this installation or from any other 
terminals where Skype Software has been installed, by You or by third parties. 
Furthermore, by installing and continuing to use the Skype Software You agree 
to be bound by the terms of this Agreement and any new versions hereof.

Electronic Signatures and Agreement(s): You acknowledge and agree that by 
clicking on the ACCEPT button or similar buttons or links as may be designated 
by Skype to show Your approval of any foregoing texts and/or to download and 
install the Skype Software, You are entering into a legally binding contract. 
You hereby agree to the use of electronic communication in order to enter into 
contracts, place orders and create other records and to the electronic delivery 
of notices, policies and records of transactions initiated or completed through 
the Skype Software. Furthermore, You hereby waive any rights or requirements 
under any laws or regulations in any jurisdiction which require an original 
(non-electronic) signature or delivery or retention of non-electronic records, 
to the extent permitted under applicable mandatory law.

Jurisdiction’s Restrictions: if You are residing in a jurisdiction which 
restricts the use of internet-based applications according to age, or which 
restricts the ability to enter into agreements such as this agreement according 
to age and You are under such a jurisdiction and under such age limit, You may 
not enter into this Agreement and download, install or use the Skype Software. 
Furthermore, if You are residing in a jurisdiction where it is forbidden by law 
to offer or use software for internet communication, You may not enter into 
this Agreement and You may not download, install or use the Skype Software. By 
entering into this Agreement You explicitly state that You have verified in 
Your own jurisdiction if Your use of the Skype Software is allowed.
Article 1 Definitions

In this Agreement the following capitalized definitions are being used, 
singular as well as plural.

1.1 Affiliate: any corporation, company or other entity that directly or 
indirectly controls, is controlled by, or is under common control with, Skype. 
For the purpose of this definition, the word control shall mean the direct or 
indirect ownership of more than fifty percent (50%) of the outstanding voting 
stock of the corporation, company, or other entity.

1.2 Agreement: this End User License Agreement, as may be renewed, modified 
and/or amended from time to time.

1.3 Emergency Services: means services that connect a user to emergency 
services personnel or public safety answering points pursuant to applicable 
local and or national regulatory requirements.

1.4 Documentation: any online or otherwise enclosed documentation provided by 
Skype.

1.5 Effective Date: the date on which this Agreement is entered into by 
clicking on the ACCEPT button as stated above.

1.6 IP Rights: any and all intellectual property rights, including but not 
limited to copyrights, trademarks and patents, as well as know how and trade 
secrets contained in or relating to the Skype Software, the Documentation, the 
Skype Website or the Skype Promotional Materials.

1.7 Password: refers to a code 

Re: Skype license

2007-08-12 Thread Steve Langasek
On Sun, Aug 12, 2007 at 10:53:42PM +0200, Øystein Gisnås wrote:
 I got a request from a Skype employee who was eager to distribute
 Skype with Debian. I replied that the current license probably is not
 compatible with DFSG

Are you joking?

http://www.skype.com/help/faq/technical.html:

Is the source code for Skype available? Can I have a copy?

No. Skype is proprietary and closed-source software.

Hell no, it's not compatible with the DFSG.

 and promised to ask debian-legal what has to be
 done with Skype's license to make it distributable.

 In it's current form, I don't think Skype is suitable even for
 non-free. So the primary question is What has to change in Skype's
 license to make it distributable in non-free?, with the secondary
 question being the same for main.

Why is this second question even worth asking?

As for suitability for non-free:  I think it would be a net loss for us
to distribute this software at all, because by its nature VoIP benefits
strongly from network effects and Skype is not a model that's compatible
with the goals of software freedom, so making it more readily available to
Debian users works against having a usable open VoIP standard.  I don't
think we should lightly agree to serve as a distribution channel for
software that's so very bad for us.

But, if someone really insists on trying to include it in non-free, here are
the issues:

 1.3 You will not distribute other products or services together with Skype
 Software, unless You are a publisher of computer magazines for end users
 and distribute the Skype Software with Your magazine(s) for free.

We distribute lots of things together in non-free.  This clause is broad
enough that it's not clear whether non-free fails it.

 1.4 You will not distribute Skype Software through other media than CD-ROM
 or DVD, unless approved by Skype in an explicit written communication to
 You.

The *primary* means of distribution of non-free is via ftp/http, not via
CD-ROM or DVD; there is (or has been in the past) software in non-free whose
license prohibited inclusion on CDs.

 1.5 You will acknowledge that the provisions of the Agreement must be
 agreed to by all end users who install the Skype Software that You
 distribute.

Onerous requirement that we somehow enforce Skype's EULA on their behalf.

 1.6 You will not undertake, cause, permit or authorize the modification,
 creation of derivative works, translation, reverse engineering,
 decompiling, disassembling or hacking of the Skype Software or any part
 thereof. Further, You will not make any indications about Skype???s
 intellectual property rights illegible.

Permit again implies we're expected to enforce their license for them. 
Pass.

Furthermore, reverse-engineering is a protected right in many jurisdictions.
Debian should not agree to such terms as a condition of distributing this
software, and we shouldn't leave our mirror sites in a situation where
they're implicitly agreeing to this either.

 1.7 You will not harm, misuse or bring into disrepute Skype, the Skype
 Software and the services of Skype, on the contrary, You will maintain the
 value and reputation thereof to the best of Your abilities.

Reading this makes me want to post a manifesto on Skype so that Debian
*can't* distribute it under the terms of this license...

 1.8 You will constantly monitor the Skype Website in order to ensure that
 You are distributing the latest stable version of the Skype Software as
 well as that You are aware of any changes in the applicable legal
 documents. In the event that You cannot agree on any changes in any
 applicable legal document You will immediate cease any and all
 distribution of the Skype Software and, where applicable, any and all use
 of the Skype Software.

Makes it unsuitable for inclusion in a stable release; otherwise nothing
that would prevent inclusion in non-free, annoying though it is.


Summary: we should spend our time encouraging VoIP solutions built around
open protocols and open standards, instead of engaging in legalistic wanking
for the privilege of distributing software prepared by our proprietary
overlords.

-- 
Steve Langasek   Give me a lever long enough and a Free OS
Debian Developer   to set it on, and I can move the world.
[EMAIL PROTECTED]   http://www.debian.org/


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Re: Skype license

2007-08-12 Thread Joerg Jaspert
On 11109 March 1977, Øystein Gisnås wrote:
 I got a request from a Skype employee who was eager to distribute
 Skype with Debian. I replied that the current license probably is not
 compatible with DFSG and promised to ask debian-legal what has to be
 done with Skype's license to make it distributable.

Erase it and take a sensible one. With the current one it wont ever get
near to the archive as it fails in just too many points, even for non-free.

-- 
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mhy Ganneff airlines: departing from a window near you


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Re: Skype license

2007-08-12 Thread Stephen Gran
This one time, at band camp, Øystein Gisnås said:
 I got a request from a Skype employee who was eager to distribute
 Skype with Debian. I replied that the current license probably is not
 compatible with DFSG and promised to ask debian-legal what has to be
 done with Skype's license to make it distributable.
 
 In it's current form, I don't think Skype is suitable even for
 non-free. So the primary question is What has to change in Skype's
 license to make it distributable in non-free?, with the secondary
 question being the same for main.

Even if Skype's license terms weren't so onerous that distribution in
non-free was an option, I want to say that I think it's a bad idea to
try to include it in any part of Debian.  The point of non-free, in my
mind, is that there are certain areas of interest where free software
just has not caught up or cannot compete with non-free software at the
moment (particular examples used to be Netscape, and are probably
currently things like flash; other areas might be things like CAD
software, should someone find one that is redistributable).

VoIP is well supported by free software.  Debian is really not well
served by promoting a company so uninterested in giving back to the
community.  We are much better served by promoting the adoption of the
currently exiting open standards and protocols that already exist in
this area.  If there are interoperability, stability, or functionality
problems in the free frameworks, I urge you to work on those rather than
expending effort on promoting non-free alternatives.

Thanks for reading so far,
-- 
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|  : :' :[EMAIL PROTECTED] |
|  `. `'Debian user, admin, and developer |
|`- http://www.debian.org |
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Re: Skype license

2007-08-12 Thread Ben Finney
Joerg Jaspert [EMAIL PROTECTED] writes:

 On 11109 March 1977, Øystein Gisnås wrote:
  I got a request from a Skype employee who was eager to distribute
  Skype with Debian. I replied that the current license probably is
  not compatible with DFSG and promised to ask debian-legal what has
  to be done with Skype's license to make it distributable.
 
 Erase it and take a sensible one.

This is really the best they can expect. It's not the job of a
volunteer mailing list to write a better non-free license for a
proprietary software corporation dealing in non-standard, proprietary
network protocols that undermine the free, open protocols.

-- 
 \ I'm beginning to think that life is just one long Yoko Ono |
  `\   album; no rhyme or reason, just a lot of incoherent shrieks and |
_o__)   then it's over.  -- Ian Wolff |
Ben Finney


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