Re: GPL + question

2015-05-30 Thread Riley Baird
On Sat, 30 May 2015 23:24:53 +0200
Ángel González keis...@gmail.com wrote:
 On 30/05/15 03:30, Riley Baird wrote:
  Only the copyright holder can change what a *work* is licensed as.
  Unless the copyright holder grants the permission to do so, I would
  say...
  Let's say I hold copyright on a work, and I grant someone else
  permission to change the license of a work. Who would enforce the
  second license? Only a copyright holder can enforce their copyrights.
 IMHO you would be the one responsible for enforcing the license...

Exactly. So, if a work is originally licensed under GPL-2+ and Person A
makes a copy and gives it to Person B under GPL-3. Now consider that
Person B gives a copy to Person C under GPL-2+. Person A can't enforce
the original copyright holder's copyrights. I find it difficult to
believe that the original copyright holder would enforce Person A's
license.

 unless you also
 granted (delegated?) the right of enforcing the work license to someone 
 else.

I'm not sure that you can grant the right of enforcing the license to
someone else, otherwise why wouldn't copyleft authors just let
give everyone the right to enforce their license?


pgp0cuqkC5oY0.pgp
Description: PGP signature


Re: GPL + question

2015-05-30 Thread Riley Baird
  I'm not sure that you can grant the right of enforcing the license to
  someone else,
 I suspect that for legal litigation you may need to represent the 
 copyright owner.

That's what I meant; I probably didn't word it clearly, though.


pgp4w78cg1zYD.pgp
Description: PGP signature


Re: GPL + question

2015-05-30 Thread Ángel González

On 30/05/15 03:30, Riley Baird wrote:

Only the copyright holder can change what a *work* is licensed as.

Unless the copyright holder grants the permission to do so, I would
say...

Let's say I hold copyright on a work, and I grant someone else
permission to change the license of a work. Who would enforce the
second license? Only a copyright holder can enforce their copyrights.
IMHO you would be the one responsible for enforcing the license... 
unless you also
granted (delegated?) the right of enforcing the work license to someone 
else.



--
To UNSUBSCRIBE, email to debian-legal-requ...@lists.debian.org
with a subject of unsubscribe. Trouble? Contact listmas...@lists.debian.org
Archive: https://lists.debian.org/556a2aa5.90...@gmail.com



Re: DFSG-ness of two

2015-05-30 Thread Charles Plessy
  Le Sat, May 30, 2015 at 11:26:59AM +1000, Riley Baird a écrit :
 
 - 3. You may not have any income from distributing this source
 -(or altered version of it) to other developers. When You
 -use this product in a comercial package, the source may
 -not be charged seperatly.
   
   But a developer doesn't have the freedom to sell the software for
   profit to other developers.

 On Sat, 30 May 2015 10:46:04 +0900 Charles Plessy ple...@debian.org wrote:
  
  as suggested in the original question, this clause is similar to clause 1 of
  the SIL Open Font License 1.1, which is DFSG-Free.
  
 Neither the Font Software nor any of its individual components, in 
  Original
 or Modified Versions, may be sold by itself.

Le Sat, May 30, 2015 at 11:58:06AM +1000, Riley Baird a écrit :
 
 The second sentence is similar to the Open Font License, but I was
 talking about the first sentence.

Hi again,

The two sentences can not be dissociated: the second sentence gives as much
freedom as in the SIL OFL 1.1, regardless of the restrictions in the first
sentence, so altogether, the clause 3 quoted above is DFSG-Free, if we agree
that the SIL OFL 1.1 itself is DFSG-Free.

Cheers,

-- 
Charles Plessy
Tsurumi, Kanagawa, Japan


-- 
To UNSUBSCRIBE, email to debian-legal-requ...@lists.debian.org
with a subject of unsubscribe. Trouble? Contact listmas...@lists.debian.org
Archive: https://lists.debian.org/20150531000831.ga26...@falafel.plessy.net



Re: DFSG-ness of two

2015-05-30 Thread Riley Baird
  - 3. You may not have any income from distributing this source
  -(or altered version of it) to other developers. When You
  -use this product in a comercial package, the source may
  -not be charged seperatly.

But a developer doesn't have the freedom to sell the software for
profit to other developers.
   as suggested in the original question, this clause is similar to clause 1 
   of
   the SIL Open Font License 1.1, which is DFSG-Free.
  The second sentence is similar to the Open Font License, but I was
  talking about the first sentence.
 The two sentences can not be dissociated: the second sentence gives as much
 freedom as in the SIL OFL 1.1, regardless of the restrictions in the first
 sentence, so altogether, the clause 3 quoted above is DFSG-Free, if we agree
 that the SIL OFL 1.1 itself is DFSG-Free.
The second sentence is restricted by the first sentence. Within the
meaning of the license, a commercial package does not include source
sold to other developers.


pgpmnlpL11HKw.pgp
Description: PGP signature


Re: DFSG-ness of two

2015-05-30 Thread Riley Baird
- 3. You may not have any income from distributing this source
-(or altered version of it) to other developers. When You
-use this product in a comercial package, the source may
-not be charged seperatly.
   
   The two sentences can not be dissociated: the second sentence gives as 
   much
   freedom as in the SIL OFL 1.1, regardless of the restrictions in the first
   sentence, so altogether, the clause 3 quoted above is DFSG-Free, if we 
   agree
   that the SIL OFL 1.1 itself is DFSG-Free.
  
  The second sentence is restricted by the first sentence. Within the
  meaning of the license, a commercial package does not include source
  sold to other developers.
 
 That is a different interpretation than mine, and it might be useful to 
 confirm
 with the original author if this is what he intended.

Would you be able to do that? I'm not quite sure that I understand your
interpretation, so I wouldn't be able to write the email well.

 In any case, Debian already redistributes software licensed under these terms
 in fpc_2.6.4+dfsg-5/fpcsrc/packages/regexpr/src/regexpr.pas and
 lazarus_1.2.4+dfsg2-1/components/synedit/synregexpr.pas (thanks,
 codesearch.debian.net), so either this was overlooked, or the interpretation
 taken by the FTP team is that the second sentence solves the problem 
 introduced
 by the first.

Both of those files allow the option of a modified LGPL. That being
said, I acknowledge that cqrlog_1.9.0-1/src/RegExpr.pas doesn't allow
this option.


pgpeYofckGHLu.pgp
Description: PGP signature


Re: GPL + question

2015-05-30 Thread Ángel González

On 31/05/15 00:10, Riley Baird wrote:

On Sat, 30 May 2015 23:24:53 +0200
Ángel Gonzálezkeis...@gmail.com  wrote:

IMHO you would be the one responsible for enforcing the license...

Exactly. So, if a work is originally licensed under GPL-2+ and Person A
makes a copy and gives it to Person B under GPL-3. Now consider that
Person B gives a copy to Person C under GPL-2+. Person A can't enforce
the original copyright holder's copyrights. I find it difficult to
believe that the original copyright holder would enforce Person A's
license.


unless you also
granted (delegated?) the right of enforcing the work license to someone
else.

I'm not sure that you can grant the right of enforcing the license to
someone else,

Copyright collecting societies do so.


otherwise why wouldn't copyleft authors just let
give everyone the right to enforce their license?
I suspect that for legal litigation you may need to represent the 
copyright owner.
Also note that if authors gave that power to everyone, anyone attempting 
to exercise that
right would still need the author in order to prove that the author 
didn't also provide a

propietary license to the infringer,¹ so it wouldn't be that useful.
Usually, copyright collecting societies are the only ones entitled to 
license that author's
work, and their position when detecting infringement is thus quite 
different.



¹ unless they also gave up the right to ever license it under different 
terms, perhaps. A

very bad idea IMHO.


--
To UNSUBSCRIBE, email to debian-legal-requ...@lists.debian.org
with a subject of unsubscribe. Trouble? Contact listmas...@lists.debian.org
Archive: https://lists.debian.org/556a50c1.2070...@gmail.com



Re: DFSG-ness of two

2015-05-30 Thread Charles Plessy
Le Sun, May 31, 2015 at 11:04:32AM +1000, Riley Baird a écrit :
   - 3. You may not have any income from distributing this source
   -(or altered version of it) to other developers. When You
   -use this product in a comercial package, the source may
   -not be charged seperatly.
  
  The two sentences can not be dissociated: the second sentence gives as much
  freedom as in the SIL OFL 1.1, regardless of the restrictions in the first
  sentence, so altogether, the clause 3 quoted above is DFSG-Free, if we agree
  that the SIL OFL 1.1 itself is DFSG-Free.
 
 The second sentence is restricted by the first sentence. Within the
 meaning of the license, a commercial package does not include source
 sold to other developers.

That is a different interpretation than mine, and it might be useful to confirm
with the original author if this is what he intended.

In any case, Debian already redistributes software licensed under these terms
in fpc_2.6.4+dfsg-5/fpcsrc/packages/regexpr/src/regexpr.pas and
lazarus_1.2.4+dfsg2-1/components/synedit/synregexpr.pas (thanks,
codesearch.debian.net), so either this was overlooked, or the interpretation
taken by the FTP team is that the second sentence solves the problem introduced
by the first.

Cheers,

-- 
Charles Plessy
Tsurumi, Kanagawa, Japan


-- 
To UNSUBSCRIBE, email to debian-legal-requ...@lists.debian.org
with a subject of unsubscribe. Trouble? Contact listmas...@lists.debian.org
Archive: https://lists.debian.org/20150531013253.ga11...@falafel.plessy.net



Re: GPL + question

2015-05-30 Thread Ole Streicher
Charles Plessy ple...@debian.org writes:
 If it were me, I would give the benefit of the doubt to the upstream
 author of missfits, and trust him that if he added a GPLv3+ header, it
 is because he modified the files, as he says in the README.

When I adopted the first package from this author (sextractor), I asked
him per E-mail about this subdirectory -- more since a newer version of
the library in question (wcslib) is already in Debian, and I wanted to
avoid using a convienience copy. He convinced me then that his version
is slightly changed and therefore not just linkable with the original.

I didn't ask for his other packages (missfits, scamp, swarp, psfex; some
of them are already in Debian, others are now in NEW), but since they
all follow the same structure, I am quite sure that his arguments are
valid there as well.

 In that case, the license to be indicated in debian/copyright should
 be GPLv3+.

I re-uploaded the package with a (hopefully) clarifying comment in
debian/copyright; let's see how he decides now.

Best regards

Ole


-- 
To UNSUBSCRIBE, email to debian-legal-requ...@lists.debian.org
with a subject of unsubscribe. Trouble? Contact listmas...@lists.debian.org
Archive: https://lists.debian.org/87h9quebju@debian.org