legal interpretation
I'd say this is quite nonfree.
--
Henning Makholm "They are trying to prove a hypothesis,
they are down here gathering data every season,
they're publishing results in peer-reviewed journals.
o not have that effect.
but I don't see your reading in it.
Which of the words I quoted do not come from the original clause?
Which of my "..."s do you think cover somthing that makes my reading
false?
--
Henning Makholm
point to
the place where my readiong breaks down instead of just asserting that
I am wrong.
It's if someone uses their software they've gotten from you and that
someone sues SGI takes no responsibility for that someone
It *also* says that. But it's not all it says.
--
Henning Makholm
Scripsit "James A. Treacy" [EMAIL PROTECTED]
The SGI Free SW license B version 1.1 can be found at
http://oss.sgi.com/projects/FreeB
Only in M$ Word and PostScript formats. The PostScript seems to kill
ghostscript, so it's hard to comment on.
--
Henning Makholm "Guldnå
s sentence.
Well, that's a possible reasoning, but how can you be sure that the
second sentence is not just another, independently valid, rule?
--
Henning Makholm "Det må være spændende at bo på
en kugle. Har I nogen
Scripsit Bolan Meek [EMAIL PROTECTED]
Henning Makholm wrote:
And no: it shouldn't _cause_ loss to SGI if you compete successfully
with them. In this kind of case, only SGI's shortsightedness in
investing unwisely against your competition could cause them loss.
They would have had more
Debian can safely say that it distributes this
package to help its users further the specified purpose, which should
be within even the most restrictive reading of the clause.
--
Henning Makholm "Vend dig ikke om! Det er et meget ubehageligt syn!"
--
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distributed under this license.
I am not convinced that this is free, but I strongly doubt that the
people at graphviz org intended it either.
--
Henning Makholm Punctuation, is? fun!
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with a subject
?
--
Henning Makholm Det er jo svært at vide noget når man ikke ved det, ikke?
Scripsit Andrew Suffield [EMAIL PROTECTED]
On Thu, Jan 13, 2005 at 04:09:17PM +, Henning Makholm wrote:
I am not convinced that this is free, but I strongly doubt that the
people at graphviz org intended it either.
The Program (including Contributions) may always be distributed
it works in a
common-law system.
But the heat of the debate nevertheless leaves me wondering what it's
for. Does it make any difference, and if so, what?
--
Henning Makholm Larry wants to replicate all the time ... ah, no,
all I meant was that he likes to have a bang
Scripsit Raul Miller [EMAIL PROTECTED]
On Thu, Jan 13, 2005 at 09:18:21PM +, Henning Makholm wrote:
To make what I fear explicit, here is a fleshed-out scenario:
1. A writes a program and releases it under the current CPL.
2. B takes A's program, hacks on it, distributes his
, and Recipient and CA hereby consent to the personal
jurisdiction of, and venue in, the state and federal courts within
that district with respect to this License.
Choice of venue.
--
Henning Makholm Skidt med din brud
, or will
we have to solicit his opinions after coming to a conclusion between
ourselves?)
--
Henning Makholm Den nyttige hjemmedatamat er og forbliver en myte.
Generelt kan der ikke peges på databehandlingsopgaver af
en sådan størrelsesorden og af en karaktér
have hereby earned my respect.
--
Henning Makholm And here we could talk about the Plato's Cave thing for a
while---the Veg-O-Matic of metaphors---it slices! it dices!
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your name and address as the primary contact for the
support of your modified version, and
4. retain our contact information in regard to use of the base
software.
(3) seems to fail the Dissident test.
--
Henning Makholm Also, the letters are printed. That makes the task
be expected to uphold moral, non-legal, commitments only for as
long as it is considered commercially beneficial, or as long as the
shareholders don't notice).
--
Henning MakholmWe can hope that this serious deficiency will be
remedied in the final version
condition or it would make the thing non-free, but as an
informative warning it is fair game).
--
Henning Makholm Monsieur, vous êtes fou.
, please?
--
Henning MakholmWe can hope that this serious deficiency will be
remedied in the final version of BibTeX, 1.0, which is
expected to appear when the LaTeX 3.0 development is completed.
--
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Scripsit Henning Makholm [EMAIL PROTECTED]
*D R A F T*
Debian licence summary of the Common Public License version 1.0
For the record, I'm withdrawing this draft. I still think it is a
reasonable accurate description of the consensus, but I have been
convinced that aiming for http
Scripsit Francesco Poli [EMAIL PROTECTED]
On Mon, 07 Feb 2005 16:25:32 + Henning Makholm wrote:
We'll want IBM or ATT to fix the license before the consensus changes
to consider the license bugs non-free, though.
As I said, the ideal solution would be to persuade IBM to publish a new
Scripsit David Schmitt [EMAIL PROTECTED]
On Monday 07 February 2005 02:58, Henning Makholm wrote:
I've often wondered which part of the DFSG supports the notion that
the right to create modified versions must be available even to people
who don't want to pay money to the author to have
Scripsit Henning Makholm [EMAIL PROTECTED]
It is not free. We have previously rejected software with similar
functional restrictions (though the name escapes me at the moment).
Now I remember: Phpnuke. The discussion on d-l in Feb-Mar 2003
metamorphosed into a variety of other topics
to users who
use the Debian sources to build things and who might have a use for
those things. If they are in the upstream sources and free enough for
us to ship in the source package, we should ship them in the source
package.
--
Henning Makholm Logic is a system
Scripsit Thomas Bushnell BSG
Henning Makholm [EMAIL PROTECTED] writes:
Scripsit Thomas Bushnell BSG [EMAIL PROTECTED]
The point is that I want to massage some parts of the configuration
and not others. I want the others to continue to get updated by the
normal package installation
be interpreted in a non-free way.
But it is not our modus operandi to consider something to be *free*
based on such a reading that clearly diverges from what the author
actually did mean.
--
Henning Makholm Jeg har tydeligt gjort opmærksom på, at man ved at
følge den vej kun
Scripsit MJ Ray [EMAIL PROTECTED]
Henning Makholm [EMAIL PROTECTED] wrote:
[...] However, conventionally, may not do foo is supposed
to be parsed as (a) whereas must not do foo is usually parsed
analogously to (b) - which makes them actually mean the same in
natural English.
Which
apparently thought the
datestamp ought to reflect when the decision was taken (rather than
when it was summarised), so for the licensed grandfathered by DFSG #10
he put in the year of the adoption of the DFSG.
--
Henning Makholm We will discuss your youth another time
.
--
Henning Makholm En tapper tinsoldat. En dame i
spagat. Du er en lykkelig mand ...
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think of for
unmaintainability is no service to our users
They certainly _can_ say that, but I don't think they actually _do_.
--
Henning Makholm It's just as meaningful to say that our
ancestors could easily have been very much like squirrels
be bothered to do anything about it, a GR can be
proposed.
--
Henning Makholm The great secret, known to internists and
learned early in marriage by internists' wives, but
still hidden from the general public, is that most things get
for years, probably ever since the DFSG was adopted.
You seem to be assuming as a given that the code in question is not in
the preferred form for modification. You have not been very successful
in convincing the rest of the list that this assumption holds.
--
Henning Makholm
the author has
thrown out the real source with the deliberate intention of preventing
anybody from modifying the work easily.
--
Henning Makholm Panic. Alarm. Incredulity.
*Thing* has not enough legs. Topple walk
them
that their standards of freedom are inadequate.
Strawman.
We can't simply make pronouncements on which one is correct
- nobody here has that authority.
Is that the old debian-legal has no authority, and that in itself
proves that the debian-legal tradition is wrong argument?
--
Henning
.
In which way do you think the code is pirated, and which evidence do
you have for that assertion?
--
Henning MakholmI ... I have to return some videos.
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like apt)?
Yes, and (more importantly) because the DFSG explicitly allows license
that requires such a split scheme for distribution of source.
--
Henning MakholmUnmetered water, dear. Run it deep.
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_cannot_ encapsulate our concept of freedom into a
mathematical bright-line test that can _always_ be applied without
judgement calls. There _will_ always be boundary case where we need to
actually _think_ and apply some common sense to find a reasonable
solution.
--
Henning Makholm
Scripsit Francesco Poli [EMAIL PROTECTED]
On Sat, 05 Mar 2005 10:51:11 + Henning Makholm wrote:
According to my statement, *if* we do get the special tool and all of
the intermediate forms, then the work is free. My statement does not
tell anything about the freedom if we don't
one of those!
--
Henning Makholm It was intended to compile from some approximation to
the M-notation, but the M-notation was never fully defined,
because representing LISP functions by LISP lists became the
dominant programming language when
it to your example without some statement from the author as
to how he intends linked to be interpreted.
--
Henning Makholm Jeg forstår mig på at anvende sådanne midler på
folks legemer, at jeg kan varme eller afkøle dem,
som jeg vil, og få dem
recipient, but this time on a
non-firewalled LAN.
--
Henning Makholm I Guds Faders namn, och Sonens, och den Helige
Andes! Bevara oss från djävulens verk och från Muhammeds,
den förbannades, illfundigheter! Med dig är det värre än med
någon
of filtering on
them specifically. (Well, excluding #line markers, but they should
*not* influence the machine code being generated).
--
Henning Makholm En tapper tinsoldat. En dame i
spagat. Du er en lykkelig mand
Scripsit Humberto Massa [EMAIL PROTECTED]
Henning Makholm wrote:
Deep breath taken. I still want to know why you think bits are
treated differently by copyright just because they happen to be in a
file whose name ends in .h.
Well, this is kind of easy to explain.
Snip explanation that does
Scripsit Jeremy Hankins [EMAIL PROTECTED]
Henning Makholm [EMAIL PROTECTED] writes:
Scripsit Humberto Massa [EMAIL PROTECTED]
Trying to explain more: my myfile.c is not a derivative work on
errno.h,
No, but myfile.o may be. (I feel like I'm repeating myself here).
My understanding
Scripsit Humberto Massa [EMAIL PROTECTED]
Henning Makholm wrote:
Snip explanation that does not do anything the idea that bits are
treated differently by copyright just becuase they are in a file
called .h.
Repeating: bits that are in files called .h are not copied in your
work,
They may
Scripsit Anthony W. Youngman [EMAIL PROTECTED]
Even when the work is not copyrightable? (eg header files :-)
It is false that header files are not copyrightable.
--
Henning Makholm What has it got in its pocketses?
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domain) were not DFSG-free, which is clearly absurd.
--
Henning MakholmDetta, sade de, vore rena sanningen;
ty de kunde tala sanning lika väl som någon
annan, när de bara visste vad det tjänade til.
compiled in, providing that those are sufficiently nontrivial to enjoy
copyright protection at all.
--
Henning Makholm It will be useful even at this
early stage to review briefly the main
features
both
sources combined into a monolithic executable object is merely an
aggregation, then I can only conclude that you have no idea whatsoever
what the word merely means.
--
Henning Makholm Al lykken er i ét ord: Overvægtig!
.
--
Henning MakholmNej, hvor er vi altså heldige! Længe
leve vor Buxgører Sansibar Bastelvel!
party.
--
Henning MakholmThere is a danger that curious users may
occasionally unplug their fiber connector and look
directly into it to watch the bits go by at 100 Mbps.
--
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countries only to
the extent that copyright exists in the country of origin. But I may
be wrong.
--
Henning Makholm *Tak* for de ord. *Nu* vinker nobelprisen forude.
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in the situation that the GPL discribes as mere aggregation.
--
Henning Makholm Hør, hvad er det egentlig
der ikke kan blive ved med at gå?
on auxiliary
processors.
--
Henning Makholm No one seems to know what
distinguishes a bell from a whistle.
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?
You are free to not apply the GPL to it.
However, then you cannot legally copy it at all, because it contains
part of the original author's copyrightedwork and therefore can only
legally be copied with the permission of the author.
--
Henning Makholm The great secret, known
Scripsit Humberto Massa [EMAIL PROTECTED]
Henning Makholm wrote:
Yes I would. Linking forms a tighter coupling than just
placing the two parts side by side on a filesystem designed
for general storage of byte streams. There is more to say
about the situation than the naked fact
work of the
Linux kernel, and the authors of that work chose to apply the GPL to
it.
How can the binary be a derivative work when it does *not* contain
firmware, but suddenly cease to be a derivative work if one *does*
add firmware into it?
--
Henning MakholmVi skal nok ikke begynde
Scripsit Sven Luther [EMAIL PROTECTED]
On Fri, Apr 08, 2005 at 04:56:50AM +0100, Henning Makholm wrote:
Yes I would. Linking forms a tighter coupling than just placing the
two parts side by side on a filesystem designed for general storage of
byte streams. There is more to say about
Scripsit Sven Luther [EMAIL PROTECTED]
On Fri, Apr 08, 2005 at 03:10:43AM +0100, Henning Makholm wrote:
Scripsit Humberto Massa [EMAIL PROTECTED]
After a *lot* of discussion, it was deliberated on d-l that
this is not that tricky at all, and that the mere
aggregation clause applies
have to at least have *tried*.
(Explicit name references edited out to protect the innocent.
Anyone who _really_ wants to could easily find out, of course).
--
Henning Makholm
http://www.diku.dk/students/makholm
not leave the door
wide open to malevolent abusers?
--
Henning Makholm
http://www.diku.dk/students/makholm
to the leaking
party. Once that has happened a couple of times users will know how
they'd better behave...
--
Henning Makholm
http://www.diku.dk/students/makholm
and are eventually
able to persuade someone to leak them to us.
Word will spread that the software offered by the villains is
generally more stable and feature-rich than the one we can offer.
--
Henning Makholm
http://www.diku.dk/students/makholm
[EMAIL PROTECTED] writes:
Henning Makholm writes:
I.e, in addition to letting people fork our project (which I realize
could be necessary e.g. when our grant expires if we can not fund further
development man-hours), we must let them fork our project and keep that a
secret from us
we're not doing any indpendent development but simply copying their
advances, I doubt we can find common ground...
--
Henning Makholm
http://www.diku.dk/students/makholm
Henning Makholm [EMAIL PROTECTED] writes:
Would it be a solution to add clauses that if someone for some occult
reason does not want to send us that simple email they have to
distribute their modification as patches? That would at least make
being villaneous more difficult than playing fair
John Hasler [EMAIL PROTECTED] writes:
Henning Makholm writes:
I just got a possibly better idea: how about something along the
lines of (informal language here, to be made more explicit if it works):
a) you can distribute your modified version under this licence if
you send us a patch
into main, we would lose that guarantee.
--
Henning Makholm
http://www.diku.dk/students/makholm
gimmicks. Effectively, de-uglifying
would amount to a project fork, so the maintainer would need to
be really determined to continue the maintenance without any
upstream support.
--
Henning Makholm
http://www.diku.dk/students/makholm
from the GPL (and downcased it) but the
FSF supposedly owns the copyright for that.
Are there any public-domain warranty disclaimers one can use
or adapt instead?
--
Henning Makholm
http://www.diku.dk/students/makholm
copying, distribution and modification are not covered by this License; they
are outside its scope.
So which rule does this exception prove?
--
Henning Makholm
http://www.diku.dk/students/makholm
(roughly). Distributing source,
as GPL mandates it surely fits this.
There's also a requirement to distribute the LGPL itself with the
derived work. I suppose this could be met by simply referencing the
LGPL from /usr/doc/foo/copyright in addition to GPL.
--
Henning Makholm
http://www.diku.dk
to if
it wasn't present. If distribution of derived work is not *explicitly*
allowed, it is forbidden.
Would you require that any documentation on the CDs should come with
copyright statemtents that explicitly allowed modification?
--
Henning Makholm
http://www.diku.dk/students/makholm
?
--
Henning Makholm
http://www.diku.dk/students/makholm
in exchange
for payment.
--
Henning Makholm
http://www.diku.dk/students/makholm
.
I don't think you get anywhere by insisting that the least meaningful
sense is what is meant. It certainly won't impress the judge when/if
the mgetty author sues someone who sells faxmodems with mgetty copies.
--
Henning Makholm
http://www.diku.dk/students/makholm
that another phrase calls the medium.
--
Henning Makholm
http://www.diku.dk/students/makholm
the author and ask for clarification.
--
Henning Makholm
http://www.diku.dk/students/makholm
-caps
text has notoriously lower readability than mixed-case text. Is there
any legal reason why disclaimers are always being presented in this
obfuscated typography?
--
Henning Makholm
http://www.diku.dk/students/makholm
, or borrowing one, or getting a copy
from someone on a floppy disk?
--
Henning Makholm
http://www.diku.dk/students/makholm
no warranty, it can give it a don't display the
announcement option, and I'll be fine with GPL because starting with
such an option is not starting in the most ordinary way.
The licence in question is an altogether different beast:
| You may not [...] bypass the logon screen
--
Henning Makholm
http
of software; and software
that didn't allow this kind of value addition would not be truly free.
Otherwise than that, the license looks just like a simplified GPL clone
to me.
--
Henning Makholm
http://www.diku.dk/students/makholm
John Hasler [EMAIL PROTECTED] writes:
Those are just examples, chosen because they are widely used. If the OPL
comes into widespread use, perhaps it could be added.
But only if it is changed to actually become DFSG-free, of course.
--
Henning Makholm
http://www.diku.dk/students/makholm
to
participate (constructively) on this list, I think.
Can be found at www.debian.org - follow the Social contract link
from the main page and scroll down.
--
Henning Makholm
been a revocation clause which IBM had
voluntarily invoked.
IANAL
--
Henning Makholm
of the very message you quote from.
--
Henning Makholm
opinions about what is evil and what is not, it becomes a worthless
document, it could be replaced with main contains packages whose
license terms we sort of like.
--
Henning Makholm
it.
So is this license free or not?
Definitely not.
--
Henning Makholm
'?
--
Henning Makholm
http://www.diku.dk/students/makholm
all of the original BIND code and
building a totally new program around the library.
--
Henning Makholm
software that is merely able to verify
cryptographic signatures?
--
Henning Makholm
that his putting the program under
a free copyright license implies that he also grants the necessary
patent licenses to do whatever the copyright license claims to allow.)
--
Henning Makholm
exists at all is that the owner
intends to use the power it gives him, and discussing how little
he's allowed to try to use it is somewhat academical.
--
Henning Makholm
.
--
Henning Makholm
not legally bind you.
There's nothing to stop you from issuing a binding copyright
assignment *now*, which would prevent that scenario. Judging from
the FSF's usual insistence on having their legal formalia water
tight, I think they would appreciate it if you did.
--
Henning Makholm
Anthony Towns aj@azure.humbug.org.au writes:
What do we think of licenses that say things like:
It's being discussed on the list at the moment. Consult the list
archives to get up-to-date.
--
Henning Makholm
when noting that there's a person called Jack M. Sparrow in there?
--
Henning Makholm
than this article
is legally derived from Merriam-Webster's online dictionary because
I just looked up the spelling of conscious there.
--
Henning Makholm
haven't even
bothered to read it
FWIW, it's about as non-free as anything can be and still allow some
form of source code accessability.
--
Henning Makholm
, that the entire resulting
| derived work is distributed under the terms of a permission notice identical
| to this one.
--
Henning Makholm
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