About php3 licensing issue.

2008-04-08 Thread Deepak Tripathi
Hi ,

I have orphaned three php package and it has php 3.0 license.
Is there any licensing issue with php 3 or should i go ahead.

Please read the following thread and let me know .

http://lists.debian.org/debian-mentors/2007/09/msg00446.html

PS : please CC to me i haven't subscribe.

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Deepak Tripathi
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Re: About php3 licensing issue.

2008-04-08 Thread Francesco Poli
On Tue, 8 Apr 2008 09:42:34 + Deepak Tripathi wrote:

 Hi ,
 
 I have orphaned three php package and it has php 3.0 license.

Mmmh, maybe you mean that you have *prepared* three packages...

 Is there any licensing issue with php 3 or should i go ahead.

It seems that php-apc is licensed under the terms of
the PHP License version 3.01.

This license is definitely unacceptable for anything other than
PHP itself (or, at best, software by the PHP Group).
Hence, if php-apc cannot be considered part of PHP itself
(or software written by the PHP Group), I think it will get
rejected by ftp-masters, see the reject FAQ [1].

[1] http://ftp-master.debian.org/REJECT-FAQ.html

Moreover, I personally think that the PHP License (up to version
3.01), fails to meet the DFSG even for PHP itself.
This is my own opinion and was stated several times on debian-legal,
but other people seem to disagree and/or don't seem to care much.
See my analysis [2] of the license for the gory details.

[2] http://lists.debian.org/debian-legal/2005/11/msg00272.html

I would suggest that you try and persuade upstream to relicense under a
widely-accepted license (such as the Expat/MIT license [3]).

[3] http://www.jclark.com/xml/copying.txt


Important disclaimers: IANAL, TINLA, IANADD, TINASOTODP.

[...]
 PS : please CC to me i haven't subscribe.

Done.


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Re: OpenJDK draft trademark license

2008-04-08 Thread Francesco Poli
On Mon, 07 Apr 2008 15:02:52 -0700 Mark Reinhold wrote:

  Date: Fri, 04 Apr 2008 21:15:17 +0200
  From: Francesco Poli [EMAIL PROTECTED]
 
  On Fri, 04 Apr 2008 09:06:42 -0700 Mark Reinhold wrote:
  If you're content with security fixes being discussed in the FAQ then
  I'd like to leave the text of the notice as-is.
  
  I would personally prefer seeing this kind of issues clarified in the
  trademark license text, rather than in a FAQ...
[...]
 We've generally found that leaving interpretive questions such as this to
 a related FAQ makes for licenses that are clearer and simpler in the long
 run.

As long as the license is clear enough and the FAQ is there just to
explain things to people who are not used to analyzing licenses, I
can agree.

But I don't think that this is the case, here.

 That was, e.g., our experience with the Distribution License for
 Java (DLJ) [1,2].

That was exactly one of the features I disliked in the DLJ.
See, for instance:
http://lists.debian.org/debian-legal/2006/05/msg00274.html


As usual: IANAL, TINLA, IANADD, TINASOTODP.


P.S.: please do not Cc: me, as long as debian-legal is in the loop:
  I didn't ask to be Cc:ed.

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Re: Bug#460591: Falcon P.L. license (ITP:Bug#460591)

2008-04-08 Thread Giancarlo Niccolai
MJ Ray wrote:
 Giancarlo Niccolai [EMAIL PROTECTED] wrote:
   
 MJ Ray wrote:
 
 Anyway, this is the show-stopper.  Contaminates other software.  DFSG 9.
 It's the parts of FPL sections 1, 2 and 5 about Scripts.  Clear enough?
   
   
 Yes, your position is now clear, thanks.

 Yet, I can't see why you say it contaminates more software. The license
 just applies to software that uses Falcon; scripts (falcon scripts) do
 it and embedding applications do it; of course, also derivative work do
 it. I can't see why requiring for them to be closed source and putting a
 notice or open source with FPLL or with another compatible open source
 license (as GPL or LGPL) would be more infringing than i.e. GPL itself.
 

 The licence for Falcon (this software) is effectively asserting that it
 can restrict the scripts (which is some other software).  I can't see
 why you think that doesn't contaminate other software, the scripts.

 To be free software, the licence for Falcon must not apply to software
 that uses Falcon *except* when it is embedded into or extending Falcon
 in certain ways.  I'm not even sure that Falcon's licence *can* restrict
 the scripts it loads, because:-

   The interpreted program, to the interpreter, is just data; a free
   software license like the GPL, based on copyright law, cannot limit
   what data you use the interpreter on. You can run it on any data
   (interpreted program), any way you like, and there are no requirements
   about licensing that data to anyone.

 Source: http://www.fsf.org/licensing/licenses/gpl-faq.html#IfInterpreterIsGPL
   
I buy 100% your point; I understand I misused the term script to
intend an application made of Falcon and other things on one side and
the grammar that made up the scripts on the other. In the new version of
the license I have prepared, this is clarified as the only thing covered
by copyright/left are the things that are licensed with FPLL (the engine
and the modules we/others want to release that way). The term
Applications of the work is now solely the engine in the act of
*running* things, and it's made clear that this definition does not
include the *things* you run. Sorry for the former wordings that
wasn't what I wanted it to be.

Moreover, the term publicly perform in the copyleft grants anyone the
right to run applications of Falcon the way it likes. So, in accordance
to the above statement:
1) Data (scripts) is free from copyright/left.
2) you can run the copylefted thing on any data, any way you like.

Please, notice that this is more than what GPL actually allows, as GPL
states also that portions of generated code that are coming from the
application (i.e. bytecode middle layers) are covered by GPL; that's the
reason for exceptions in GNU compilers. FPLL frees them (pre-compiled
scripts) too. That was one of the things that required me to write FPLL:
some of my target markets are quite sensible to this aspect, and FPLL
clears the grey area of compiled scripts.

I'll also reshape a bit the commentary to better specify this fact, and
make cross link so that they are always accessible together.

In the meanwhile we're finishing the setup for dual licensing with GPL
in our new version, so it will be clear under every aspect that Lo,
this is Free Software! :-)

Thank you for your help,
Giancarlo Niccolai.



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