Re: GPL for documentation ?

2005-03-11 Thread Humberto Massa
Daniel Carrera wrote: Alright guys, Here's the lates (and hopefully final) draft of the copyright section: This document is Copyright 2004 its contributors as defined in the section titled AUTHORS. This document is released under the terms of the GNU General Public License, version 2 or

Re: GPLed firmware flasher ...

2005-03-11 Thread Humberto Massa
Michael Below wrote: Sven Luther [EMAIL PROTECTED] writes: My understanding of this is that neither the firmware constitute a derived work from the flasher, nor the flasher constitute a derived work of the firmware. The fact that they are individually packaged in the same elf

Re: GPL for documentation ?

2005-03-11 Thread Humberto Massa
Daniel Carrera wrote: Question: I thought that the or later was also standard for GPL software. Isn't it? I believe so, it's customary (by no means mandatory tough). With the honorable exception of the Linux kernel, among others, that are GPLv2 only. Massa -- To UNSUBSCRIBE, email to [EMAIL

Re: GPLed firmware flasher ...

2005-03-11 Thread Humberto Massa
Sven Luther wrote: On Fri, Mar 11, 2005 at 09:24:29AM -0300, Humberto Massa wrote: Despite the letter of the GPL and its post-amble, linking, generally construed as stitching together (normally executable) object (as opposed to source) files and resolving fixups so the result is an executable

Re: Non-free (or dubious) firmware in linux driver modules, a lengthy analysis.

2005-03-11 Thread Humberto Massa
Sven, the comments I will make here are more or less a compilation of many things I have said before on d-l and various other places on the Net. Sven Luther wrote: Hello, I write this to obtain clarification of the linux kernel firmware situation, since it is quite similar to the firmware-flash

Re: GPLed firmware flasher ...

2005-03-11 Thread Humberto Massa
Michael Below wrote: Hm. So the LGPL is completely useless in practice? Don't tell RMS, but in my analysis I believe it's safe to link a non-derivative work with a GPL'd library. Especially if you are dynamic-linking. But even otherwise. The problem is that only after Abstraction, Filtration

Re: GPLed firmware flasher ...

2005-03-11 Thread Humberto Massa
Michael Poole wrote: Which FAQ question besides this one (with anchor #IfLibraryIsGPL) deals with programs that use a GPLed library? If a library is released under the GPL (not the LGPL), does that mean that any program which uses it has to be under the GPL? Yes, because the program as it is

Re: Linux and GPLv2

2005-03-14 Thread Humberto Massa
Arnoud Engelfriet wrote: Interesting point. But the statement would apply certainly to Linus' own contributions. And that would preclude distribution of anything containing those contributions under anything but GPLv2 I think. But if you can take out his code (and any other that's GPLv2 only),

Re: Linux and GPLv2

2005-03-14 Thread Humberto Massa
Arnoud Engelfriet wrote: You're correct in that anything that's a derivative work of any GPLv2 code also cannot be distributed under GPLv3 or later. But it's going to be very interesting to figure out what code is a derivative work of what. Anyway, this seems rather theoretical. Arnoud Yeah,

Re: Linux and GPLv2

2005-03-23 Thread Humberto Massa
Matthew Palmer wrote: That said, it looks questionable whether the FTP plugin should reallybe considered a derivative of the plugin loader. If the latter has a documented API and the former only communicates with it through that API, I'd probably say no. Even more so if that plugin could

Re: Linux and GPLv2

2005-03-23 Thread Humberto Massa
Matthew Palmer wrote: On Wed, Mar 23, 2005 at 10:22:12AM -0300, Humberto Massa wrote: Matthew Palmer wrote: That said, it looks questionable whether the FTP plugin should reallybe considered a derivative of the plugin loader. If the latter has a documented API and the former only

Re: Linux and GPLv2

2005-03-23 Thread Humberto Massa
Raul Miller wrote: Even assuming that this considered has some legal basis, this rule utterly misses the point. You have a decent heuristic there, but it's just a heuristic -- it doesn't mean anything legally. Yes and no. Every legal issue is judged (by an attorney, before be definitively

Re: Linux and GPLv2

2005-03-23 Thread Humberto Massa
Jeremy Hankins wrote: 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 is that, in practice, myfile.c could infringe as well, if the only reasonable way to use it is by creating a

Re: Linux and GPLv2

2005-03-28 Thread Humberto Massa
Andrew Suffield wrote: Fair use is an American perversion. It does not exist in most of the rest of the world in anything like the same form. Anything that relies on the American notion of fair use is non-free, because in the UK that means Non-commercial use only. Just to be clear: fair use

Re: Linux and GPLv2

2005-03-28 Thread Humberto Massa
Henning Makholm wrote: Your claim was: Bits in .h files are not copyrightable. Troll editing. My claim was: *Basically*, bits in .h files are not copyrightable. Which I now solemnly amend to The kind of bits you normally (99% of the times) find in .h files in c-language based projects, and

Re: Draft summary of Creative Commons 2.0 licenses (version 3)

2005-03-28 Thread Humberto Massa
doug jensen wrote: I cannot see anything indicating that the Creative Commons trademark paragraph is not part of the license, when looking at it in a text browser[1]. In a graphical browser the entire section quoted above has a box around it. My first thought was that that section was being

Re: Linux and GPLv2

2005-03-28 Thread Humberto Massa
Henning Makholm wrote: If it is wrong to begin with, then it is also basically wrong. It seems that my bad English got me: I used the word basically in the same sense that its cognate can be used in Portuguese, in the basic/normal cases I apologize for the confusion. Which I now solemnly

Re: Linux and GPLv2

2005-03-28 Thread Humberto Massa
Raul Miller wrote: On Mon, Mar 28, 2005 at 11:25:39AM -0300, Humberto Massa wrote: Troll editing. My claim was: *Basically*, bits in .h files are not copyrightable. Which I now solemnly amend to The kind of bits you normally (99% of the times) find in .h files in c-language based projects

Re: Linux and GPLv2

2005-03-28 Thread Humberto Massa
Henning Makholm wrote: Scripsit Humberto Massa [EMAIL PROTECTED] 2. That said plugin, when in its compiled form, if it contains at all any inlined functions or macros from the GPL'd plugin-interfaces.h file, is merely a volume of storage or distribution in accordance to the disposition

Re: InfoEther license

2005-03-29 Thread Humberto Massa
David Moreno Garza wrote: Hello, I'm currently packaging revolution[1] (a ruby library for interacting with evolution's data-server) and I'd like to ask here if its license, since the author uses an employer-based one, would be entirely free (DFSG compatible), because I don't want to misunderstand

Re: non-free firmware in kernel modules, aggregation and unclear copyright notice.

2005-04-05 Thread Humberto Massa
Raul Miller wrote: On Apr 04, Sven Luther [EMAIL PROTECTED] wrote: is waiting for NEW processing, but i also believe that the dubious copyright assignement will not allow the ftp-masters to let it pass into the archive, since it *IS* a GPL violation, and thus i am doing this in order to solve

Re: non-free firmware in kernel modules, aggregation and unclear copyright notice.

2005-04-07 Thread Humberto Massa
David Schwartz wrote: Well whoever wrote that seems to have taken the stand that the openfirmware package was were the firmware came from. The person obviously made a lot of statements without bothering checking out the real source. Well it didn't come from there, I got it from Alteon under a

Re: non-free firmware in kernel modules, aggregation and unclear copyright notice.

2005-04-07 Thread Humberto Massa
David Schmitt wrote: On Thursday 07 April 2005 09:25, Jes Sorensen wrote: [snip] I got it from Alteon under a written agreement stating I could distribute the image under the GPL. Since the firmware is simply data to Linux, hence keeping it under the GPL should be just fine. Then I would

Re: non-free firmware in kernel modules, aggregation and unclear copyright notice.

2005-04-07 Thread Humberto Massa
Oliver Neukum wrote: As this has been discussed numerous times and consensus never achieved and is unlikely to be achieved, I suggest that you keep this discussion internal to Debian until at least you have patches which can be evaluated and discussed. Until then Debian may do to its kernel

Re: non-free firmware in kernel modules, aggregation and unclear copyright notice.

2005-04-08 Thread Humberto Massa
Adrian Bunk wrote: Debian doesn't seem to care much about the possible legal problems of patents. The possible legal problem of software patents is, up to the present time, AFAICT, not producing effects yet in Europe, and is a non-problem in jurisdictions like mine (down here neither

Re: non-free firmware in kernel modules, aggregation and unclear copyright notice.

2005-04-08 Thread Humberto Massa
Sven Luther wrote: On Thu, Apr 07, 2005 at 09:15:07AM -0300, Humberto Massa wrote: This is where you are wrong IMMHO. All that is needed for you to distribute the hexdump blob under the GPL is a declaration from the copyright holder saying this, to me, is the preferred form for modification

Re: non-free firmware in kernel modules, aggregation and unclear copyright notice.

2005-04-08 Thread Humberto Massa
Ralph Corderoy wrote: Hi, Hi. Humberto Massa wrote: First, there is *NOT* any requirement in the GPL at all that requires making compilers available. Otherwise it would not be possible, for instance, have a Visual Basic GPL'd application. And yes, it is possible. From section 3 of the GNU GPL

Re: non-free but distributable packages and kernel firmware

2005-04-08 Thread Humberto Massa
Sven Luther wrote: On Fri, Apr 08, 2005 at 03:57:26AM +0100, Henning Makholm wrote: Scripsit Michael Poole [EMAIL PROTECTED] This has the strong smell of ranking some DFSG criteria above others in importance. If you want this kind of distinction, I think a less discriminatory way would be to

Re: Creative Commons license summary (version 4)

2005-04-08 Thread Humberto Massa
Francesco Poli wrote: The one in version 4 seems viable: | You may not distribute, publicly display, publicly perform, |or publicly digitally perform the Work with any technological |measures that prevent the recipient from exercising the |rights granted to them by section 8a and section 3 of

Re: non-free firmware in kernel modules, aggregation and unclear copyright notice.

2005-04-11 Thread Humberto Massa
Adrian Bunk wrote: Even RedHat with a stronger financial background than Debian considered the MP3 patents being serious enough to remove MP3 support. Actually, they did it to spite the patent holders. []s Massa -- To UNSUBSCRIBE, email to [EMAIL PROTECTED] with a subject of unsubscribe.

Re: non-free firmware in kernel modules, aggregation and unclear copyright notice.

2005-04-11 Thread Humberto Massa
Giuseppe Bilotta wrote: On Fri, 08 Apr 2005 20:42:17 +0200, Josselin Mouette wrote: Every book in my book shelf is software? If you digitalize it, yes. AFAIK software only refers to programs, not to arbitrary sequences of bytes. An MP3 file isn't software. Although it surely isn't

Re: non-free firmware in kernel modules, aggregation and unclear copyright notice.

2005-04-11 Thread Humberto Massa
David Schwartz wrote: On Sat, Apr 09, 2005 at 08:07:03PM -0700, David Schwartz wrote: The way you stop someone from distributing part of your work is by arguing that the work they are distributing is a derivative work of your work and they had no right to *make* it in the first place. See,

Re: non-free firmware in kernel modules, aggregation and unclear copyright notice.

2005-04-11 Thread Humberto Massa
Henning Makholm wrote: As far as I can see you are assuming that it is either a derived work or mere aggregation, and cannot be both or neither. You then That is because copyright law classifies them this way. try to argue that because it is not a derived work, it must me a mere aggregation. I

Re: non-free firmware in kernel modules, aggregation and unclear copyright notice.

2005-04-11 Thread Humberto Massa
Michael Poole wrote: Copyright law only _explicitly_ grants a monopoly on preparation of derivative works. However, it is trivial, and overwhelmingly common, for a copyright owner to grant a license to create a derivative work that is conditional on how the licensee agrees to distribute (or not

Re: non-free firmware in kernel modules, aggregation and unclear copyright notice.

2005-04-12 Thread Humberto Massa
Francesco Poli wrote: On Mon, 11 Apr 2005 01:47:19 +0100 Henning Makholm wrote: (I wonder what happens in jurisdications whose copyright law is not phrased in terms of derived - or that have several native words which are given different explicit meaning by the local law but would all need

Re: non-free firmware in kernel modules, aggregation and unclear copyright notice.

2005-04-12 Thread Humberto Massa
David Schwartz wrote: David Schwartz [EMAIL PROTECTED] wrote: If you buy a W*nd*ws install CD, you can create a derived work, e.g. an image of your installation, under the fair use rights (IANAL). Can you distribute that image freely? I would say that if not for the EULA, you could transfer

Re: non-free firmware in kernel modules, aggregation and unclear copyright notice.

2005-04-14 Thread Humberto Massa
David Schwartz wrote: Would you agree that compiling and linking a program that uses a library creates a derivative work of that library? No. Compiling and linking are mechanical, non-intellectually-novel acts. At most, you have a collective work where the real intellectually-novel work was to

Re: non-free firmware in kernel modules, aggregation and unclear copyright notice.

2005-04-14 Thread Humberto Massa
Glenn Maynard wrote: On Thu, Apr 14, 2005 at 09:18:46AM -0300, Humberto Massa wrote: Then all the people who think that creating a binary kernel module requires creating a derivative work and hence can be restricted by the GPL are wrong. Take that argument up with them. I took. Google my

Re: non-free firmware in kernel modules, aggregation and unclear copyright notice.

2005-04-14 Thread Humberto Massa
Måns Rullgård wrote: Glenn Maynard [EMAIL PROTECTED] writes: If you make a kernel module that only uses something EXPORT_SYMBOL()'d from the kernel, you are NOT in principle writing a derivative work. If you use EXPORT_SYMBOL_GPL()'d symbols, then you are incurring in (b) above and your kernel

Re: non-free firmware in kernel modules, aggregation and unclear copyright notice.

2005-04-14 Thread Humberto Massa
Måns Rullgård wrote: It would be, if the license said it was. As it happens, the license makes no mention of this, but does give explicit permission to make any modifications desired. If EXPORT_XX are copyright notices, copyright *law* prohibit their modification. -- To UNSUBSCRIBE, email

Re: Bug#294559: A very permitive license.

2005-04-14 Thread Humberto Massa
Martin Samuelsson wrote: (Resending this since my Cc to debial-legal got lost the first time) A fair while ago I consulted debian-legal on the public domain license and got the polite reply from Glenn Maynard stating that problems might exist with it not disclaiming warranty. Further discussion

Re: non-free firmware in kernel modules, aggregation and unclear copyright notice.

2005-04-14 Thread Humberto Massa
David Schwartz wrote: That is the point: the result is not a single work. It is a collection or compilation of works, just like an anthology. If there is any creativity involved, is in choosing and ordering the parts. The creation of works that can be linked together is not protected by copyright:

Re: non-free firmware in kernel modules, aggregation and unclear copyright notice.

2005-04-15 Thread Humberto Massa
Glenn Maynard wrote: By your argumentation, it doesn't seem that this is a decision the author of the library (or kernel, or whatever) gets to make, but rather something which is inherent in what's been created; they can offer their own opinion on what constitutes an application's use of the

Re: definition of use

2005-04-26 Thread Humberto Massa
James William Pye wrote: Greetings(Please be sure to CC me!), First, my apologies for not joining the conversation around the time that it transpired, but it was not until recently that I had noticed it. Second, my apologies to Mr. Welch for suffering from the controversy created by the license

Re: Urgently need GPL compatible libsnmp5-dev replacement :-(

2005-05-05 Thread Humberto Massa
Andrew Suffield wrote: [This part of the thread belongs on -legal] So, there it goes. On Wed, May 04, 2005 at 11:51:51PM -0500, Peter Samuelson wrote: [Paul TBBle Hampson] This of course assumes the phrase derived work is legalese for code dependancy or something. I'm sure the GPL

Re: GPL and linking

2005-05-06 Thread Humberto Massa
Raul Miller wrote: Actually, it tries to define work based on the Program in terms of derivative work under copyright law, and then incorrectly paraphrases that definition. It's probably worth noting that derivative work and work based on the Program are spelled differently. What's not

Re: GPL and linking

2005-05-09 Thread Humberto Massa
Batist Paklons wrote: This however doesn't really change a lot about our discussion about the GPL. It is my belief that the GPL is horribly drafted. One should either choose the simplistic beauty of a BSD style license, or choose a carefully drafted legalese text, such as the IBM Public License. I

Re: GPL and linking (was: Urgently need GPL compatible libsnmp5-dev replacement :-()

2005-05-09 Thread Humberto Massa
Raul Miller wrote: On 5/7/05, Michael K. Edwards [EMAIL PROTECTED] wrote: On 5/6/05, Raul Miller [EMAIL PROTECTED] wrote: On 5/6/05, Michael K. Edwards [EMAIL PROTECTED] wrote: On 5/6/05, Raul Miller [EMAIL PROTECTED] wrote: I believe you're objecting to the that is to say phrase,

Re: GPL and linking (was: Urgently need GPL compatible libsnmp5-dev replacement :-()

2005-05-09 Thread Humberto Massa
Jakob Bohm wrote: Sorry, I misspoke; contracts are construed against the offeror, not against the drafter, when there's a distinction. The offeror had the option of proposing language as explicit as he or she chose, so ambiguities are as a matter of law construed against his or her interests.

Re: GPL and linking

2005-05-10 Thread Humberto Massa
Raul Miller wrote: On 5/9/05, Humberto Massa [EMAIL PROTECTED] wrote: You can't re-state something saying a different thing. GPL#0 says that a work based on the Program is a derivative work under copyright law, and then says that is to say, a work containing..., which is NOT a re-statement

Re: GPL and linking (was: Urgently need GPL compatible libsnmp5-dev replacement :-()

2005-05-10 Thread Humberto Massa
Raul Miller wrote: On 5/9/05, Michael K. Edwards [EMAIL PROTECTED] wrote: On 5/8/05, Raul Miller [EMAIL PROTECTED] wrote: The only time a collective work is not a derivative work is when the the collective work lacks sufficient originality under copyright law to be granted separate

Re: GPL and linking (was: Urgently need GPL compatible libsnmp5-dev replacement :-()

2005-05-10 Thread Humberto Massa
Raul Miller wrote: And, if you allow the full definition of a work based on the Program from section 0 of the GPL to apply, it's clear that when these collective works are being protected as intellectual creations that you're talking about a work based on the Program and so can be granted license

Re: GPL, license upgrades, and the obligation to offer source code

2005-05-10 Thread Humberto Massa
Michael K. Edwards wrote: Now if you were Linus, would you trust the FSF to rewrite the license on your work? Before you answer, remember that GCC is the only compiler which doesn't choke on the Linux kernel (last time I checked). Actually, Intel's ICC compiles the linux kernel. IANAL, TINLA,

Re: What makes software copyrightable anyway?

2005-05-11 Thread Humberto Massa
Michael K. Edwards wrote: When I try to reconcile early case law -- just from the US circuit courts -- on the copies, derivative works, collections, and dungheaps made during run-time, and which routine uses are infringing and which aren't, the little engine in my non-lawyer head threatens to

Re: What makes software copyrightable anyway?

2005-05-11 Thread Humberto Massa
Raul Miller wrote: On 5/11/05, Humberto Massa [EMAIL PROTECTED] wrote: 2.a. it specifies (art. 7, XII) that computer programs are protected by copyrights. 2.b. it further specifies (art. 7 § 1) that computer programs have specific legal provisions (all contained, nowadays, in our

Re: What makes software copyrightable anyway?

2005-05-11 Thread Humberto Massa
Raul Miller wrote: However, on the flip side -- if binaries are the same work as the sources under the eyes of the law, then you can't construct any licenses which treat sources differently from binaries. They're the same. Anyone who has the right to distribute binaries also has the right to

Re: What makes software copyrightable anyway?

2005-05-11 Thread Humberto Massa
Raul Miller wrote: On 5/11/05, Humberto Massa [EMAIL PROTECTED] wrote: Raul Miller wrote: On 5/11/05, Humberto Massa [EMAIL PROTECTED] wrote: Nope. Binaries are the same work as (the anthology of) their sources, in the eye of the Law 9609/98. If I understand you correctly, this means

Re: What makes software copyrightable anyway?

2005-05-11 Thread Humberto Massa
Raul Miller wrote: On 5/11/05, Humberto Massa [EMAIL PROTECTED] wrote: Raul Miller wrote: On 5/11/05, Humberto Massa [EMAIL PROTECTED] wrote: We have a brocardo (legal axiom) in our doctrine: He who can do more, can do less (horrid translation to quem pode mais, pode menos [Quién puede más

Re: What makes software copyrightable anyway?

2005-05-12 Thread Humberto Massa
Raul Miller wrote: On 5/11/05, Humberto Massa [EMAIL PROTECTED] wrote: That is your mistake: it's not the pages that carry protection, it's the words and illustrations on the pages (as in abstract, intelectual entities) that carry protection. I thought copyright was protection for creative

Re: Contract and Tort Law and the GPL

2005-05-12 Thread Humberto Massa
Raul Miller wrote: It's been suggested that existing case law with respect to copyrights always is based on contract law, and that the GPL can only be understood in terms of contract law. (...) However, there is the other option: Tort Law. I don't know and I won't try to figure out if your

Re: What makes software copyrightable anyway?

2005-05-12 Thread Humberto Massa
Raul Miller wrote: On 5/12/05, Humberto Massa [EMAIL PROTECTED] wrote: You inverted the do more and do less. Publishing an arbitrary set of anthologies is do more as compared to publishing one story. Ok, here's my current understanding: permission to distribute sources does

Re: What makes software copyrightable anyway?

2005-05-12 Thread Humberto Massa
Raul Miller wrote: On 5/12/05, Humberto Massa [EMAIL PROTECTED] wrote: Suppose the libc runtime is given in some system by a work named gpld_libc. Is hello_world.c a derivative work of gpld_libc ? I don't think so. #include stdio.h int main(int, char**) { puts(Hi); return 0; } What

Re: What makes software copyrightable anyway?

2005-05-12 Thread Humberto Massa
Raul Miller wrote: On 5/12/05, Humberto Massa [EMAIL PROTECTED] wrote: I will do my repeated assertion act: It's a dynamically linked executable, for the love of $DEITY! Which makes it a collective work. Collective works can be eligible for copyright protection, even if the only creative

Re: What makes software copyrightable anyway?

2005-05-12 Thread Humberto Massa
Raul Miller wrote: The working hello_world program is a collection. This program (hello_world) taken in isolation will not perform. This is irrelevant. Its creative status independs of its performance. You are saying that hello_world in isolation will not perform. Neither will the debian

Re: What makes software copyrightable anyway?

2005-05-12 Thread Humberto Massa
Michael K. Edwards wrote: Note that your argument contains correct logic but incorrect facts. libsnmp is more or less BSD licensed ( http://www.net-snmp.org/about/license.html ). It is Quagga that is GPL'ed. Substitute, say, a GPL'ed HTTP client library in place of libsnmp, and it's all good.

Re: X-Oz Technologies

2004-03-03 Thread Humberto Massa
Branden Robinson wrote: I was unaware that the X-Oz Technolgies license already existed (under a different name, maybe?). Can you please direct me to the software projects that used it before X-Oz did? I don't mean the individual parts of the license; I know examples where those have been

Re: licensing confusion

2004-03-04 Thread Humberto Massa
Marek Habersack wrote: Hey all, I know it belongs in debian-legal, but I'm not inclined enough to join yet another mailing list which I will read few and far between, so I will take the liberty to ask my question here. You are right, your questions are better asked in debian-legal, with a

Re: licensing confusion

2004-03-04 Thread Humberto Massa
Marek Habersack wrote: On Thu, Mar 04, 2004 at 02:45:12PM -0300, Humberto Massa scribbled: Do Cc: me on the replies, thank you [snip] It's simple - how is it possible that most licenses used by free software are incompatible [1] with GPL and yet debian mixes them in many projects

Re: Cryptlib licence

2004-03-04 Thread Humberto Massa
David Gourdelier wrote: Hi list, I would like to know if crypt lib licence would allow it for being included in Debian as a Debian package. The licence is available at http://www.cs.auckland.ac.nz/~pgut001/cryptlib/download.html Thank you for your answer. Regards, Apparently,

Re: Cryptlib licence

2004-03-04 Thread Humberto Massa
David Gourdelier wrote: I would like to know if crypt lib licence would allow it for being included in Debian as a Debian package. The licence is available at http://www.cs.auckland.ac.nz/~pgut001/cryptlib/download.html Thank you for your answer. Regards, Apparently, the license

Re: Cryptlib licence

2004-03-04 Thread Humberto Massa
So it means there is no legal problems for a cryptlib package ? My wondering was more about this statement and the link with points 5 and 6 of the Debian social contract: If you're unable to comply with the above license then the following, alternate usage conditions apply: Any

Re: licensing confusion

2004-03-05 Thread Humberto Massa
Marek Habersack wrote, among other interesting stuff: [T]he thing at stake is the use of OpenSSL or Cryptlib[1] in the Caudium[2] project. Looking at [2], I see clauses which make cryptlib not compatible with clauses #5 and #6 of the DFSG. Huh? I see no such clauses[1], unless you're

Re: Experience with convincing people to DFSGize their licenses?

2004-03-05 Thread Humberto Massa
Branden Robinson: I think we need to start saying just MIT or MIT/old X11; we can't really say MIT/X11 any more. Eh? Why can't we? What's the new MIT/X11 license? I think he meant X11 (the new, problematic one) does not equals MIT or 2-clause BSD anymore; MIT/X11 seems to imply

Re: nmap licensing claims

2004-03-05 Thread Humberto Massa
Birzan George Cristian wrote: Now, my questions for you are: 1) Is nmap's licence GPL, or by adding that mention, they created a new licence? One: nmap's license is GPL. the mention you talked about is just a warning to SCO that, having violated the GPL, their license is terminated, in

Re: Debian Legal summary of the X-Oz License

2004-03-08 Thread Humberto Massa
selussos wrote: on the US copyright law's fair use contradicting your licence terms in a way that makes it a free software licence. I ask that you familiarise yourself with this basic problem of copyright and free software. Software that is free only for US residents isn't free software (or

Re: Summary: Is Open Publication License v1.0 compatible?, was Re : GPL+ for docs

2004-03-10 Thread Humberto Massa
Frank Lichtenheld wrote: Hi. .. stuff ... - The person who makes any modifications must be identified, which violates the dissident test. Hmm, a question about this: Wouldn't make this the GPL DFSG-nonfree? It states You must cause the modified files to carry prominent notices stating that

Re: DRAFT summary of the OPL; feedback requested

2004-03-10 Thread Humberto Massa
Jeremy Hankins wrote: 4) Each reason should refer explicitly to the freedom that is restricted, and how it is restricted. Including the DFSG section number is not necessary. I know you gave some time to discuss it, and I did not oppose, but, looking at the edited summary below this, I

Re: DRAFT summary of the OPL; feedback requested

2004-03-11 Thread Humberto Massa
Jeremy Hankins wrote: Don Armstrong [EMAIL PROTECTED] writes: On Wed, 10 Mar 2004, Jeremy Hankins wrote: This is a serious question: how does (DFSG 3) tacked on to the end of a sentence help to explain the issue? In the same way that a footnote or reference does. It's always appropriate to

Re: Referencing the DFSG [Re: DRAFT summary of the OPL; feedback requested]

2004-03-12 Thread Humberto Massa
Chris Waters wrote: On Thu, Mar 11, 2004 at 10:17:25AM -0500, Jeremy Hankins wrote: My fear is that, as Don seems to be showing, people will oversimplify and miss the limitations. Getting people to think in terms of modification instead of DFSG 3 seems useful. Hmm, I think I missed the

Re: Guidelines for writing d-l summaries (draft, still)

2004-03-12 Thread Humberto Massa
First of all, great job. Jeremy Hankins wrote: I'm going to continue to label this a draft, since this includes a couple of new changes. But I think everything here is fairly well accepted. yay. skip 7) The full text of the license is included at the end. And possibly,

Re: Referencing the DFSG [Re: DRAFT summary of the OPL; feedback requested]

2004-03-12 Thread Humberto Massa
Mahesh T. Pai wrote: Essence of writing a good opinion is that we need to convey the same message we have in mind. The proof of this conclusion is that I did not understand what you had in mind when you wrote the rest of this message. :-) You simply cannot predefine how you are going

Re: MPlayer reloaded

2004-03-18 Thread Humberto Massa
Diego Biurrun wrote: Walter Landry writes: I wouldn't say that is really supported by the letter of the license. The license states the date of any change, not the first and last with a pointer. You could point to existing practice, but not to the license. In general, I think that

Re: Bug#239952: kernel-source-2.6.4: qla2xxx contains non-free fi rmware

2004-03-26 Thread Humberto Massa
Edmund GRIMLEY EVANS wrote: Don Armstrong [EMAIL PROTECTED]: It seems rather clear that those source files are just machine code for the device firmware, and as such, are not the prefered form for modification. Agreed. So the files are not DFSG-free. This is not clear to me, for reasons

Re: Bug#239952: kernel-source-2.6.4: qla2xxx contains non-free firmware

2004-03-26 Thread Humberto Massa
Nathanael Nerode wrote: If the binary blob was really the source file, then it's fine. For these so-called GPLed binaries, we should ask the copyright holders if they were *really* written as binary blobs. If they say yes, let's believe them. If they say no, then the binaries are

Re: Bug#239952: kernel-source-2.6.4: qla2xxx contains non-free fi rmware

2004-03-29 Thread Humberto Massa
Nathanael Nerode wrote: I'm assuming that the opinion of the copyright holder, being the licensor, is governing here. If the copyright holder comes out and says explicitly, Yes, it really *is* the preferred form for modification, then we have no problem. If they say, no, it isn't, then we

Re: Bug#239952: kernel-source-2.6.4: qla2xxx contains non-free fi rmware

2004-03-29 Thread Humberto Massa
Matthew Garrett wrote: Humberto Massa wrote: ?! That's the part I have difficulty understanding. As I have said here before, there is no mistake in things unsaid... the code is there, the copyright in in the top of the file, the license is there *saying* to you it's GPL licensed, the origin

Re: Bug#239952: kernel-source-2.6.4: qla2xxx contains non-free fi rmware

2004-03-29 Thread Humberto Massa
Replying to oneself is something terrible, but I re-read this stuff a zillion times and I think I wasn't clear. Humberto Massa wrote: Matthew Garrett wrote: Humberto Massa wrote: cut the pf4m. It's only the opposite if the copyright holder (Qlogic, IBM, whoever) says no, we have a XX

Re: mplayer

2004-03-30 Thread Humberto Massa
Yay! Aye, mplayer in debian, please, but... [EMAIL PROTECTED] wrote: * the upstream tar.bz cannot be distributed by Debian, since it contains CSS code; so I am repackaging it at this point, I have to ask /why/ is CSS code banned? DMCA? -- br,M

Re: Binary-only firmware covered by the GPL?

2004-03-30 Thread Humberto Massa
Oh, man, it seems that I *must* repeat myself one more time, at least to see if I'm not in everyone's killfile :-) @ 30/03/2004 11:19 : wrote Pavel Machek : Hi! Hi! #include hallo.h * David Schwartz [Thu, Mar 25 2004, 04:41:23PM]: IMHO code that can be compiled would probably be the

Re: POSSIVEL SPAM-- Re: Binary-only firmware covered by the GPL?

2004-03-30 Thread Humberto Massa
@ 30/03/2004 14:09 : wrote Henning Makholm : Scripsit Humberto Massa [EMAIL PROTECTED] to modify the fw[], at least *legally* is MHO that any recipient/redistributor of the file _can_ and _must_ consider the file in *that* format as the preferred form for modification (pf4m

Re: mplayer

2004-03-31 Thread Humberto Massa
@ 30/03/2004 22:48 : wrote Walter Landry : Humberto Massa [EMAIL PROTECTED] wrote: at this point, I have to ask /why/ is CSS code banned? DMCA? The legal status of CSS is still under active litigation. Debian just has to be conservative until it has resolved itself. I don't know. What

Re: Debian-installer, older hardware, boot loaders, miboot amib oot ..

2004-04-01 Thread Humberto Massa
@ 01/04/2004 11:57 : wrote Rick_Thomas : In that case, the NetBSD folks may already have the information (and appropriate releases) that we need to re-implement the boot sector for miboot. It's worth pursuing! AFAIK (and I googled around) NetBSD boots from a MacOS program called Booter.

Re: New summary: Binary peripheral software

2004-04-05 Thread Humberto Massa
@ 03/04/2004 08:40 : wrote J.D. Hood : (If we are distributing it then it isn't firmware. I'll call it 'peripheral software' until someone suggests a better term.) There are differing views on two different questions: Q1: Is binary peripheral software DFSG-free or not? Q2: What do we do about

Re: DRAFT summary of the CC-by, feedback requested

2004-04-05 Thread Humberto Massa
@ 04/04/2004 03:57 : wrote Nathanael Nerode : Here are some comments on the draft summary: I think I'd make these changes It is likely that Creative Commons does not intend this to be a Free quite possible? I'm not sure about likely. license in the sense of the DFSG. However, since

Re: Problem with mush's license

2004-04-06 Thread Humberto Massa
@ 05/04/2004 20:30 : wrote Henning Makholm : Scripsit Joachim Breitner [EMAIL PROTECTED] Nothing is said about distribution of binaries of unmodified sources. If nothing is said about it, then it is not allowed. I agree with Don Armstrong that the binary packages must be removed from the

Re: Bug#244289: xball: Package includes non-free source code.

2004-04-19 Thread Humberto Massa
Fast summary? @ 17/04/2004 16:18 : wrote Joerg Jaspert : Written by Dan Heller. Copyright 1991, O'Reilly Associates. This program is freely distributable without licensing fees and is provided without guarantee or warrantee expressed or implied. This program is -not- in the

Re: DRAFT d-l summary of the OSL v2.0

2004-04-22 Thread Humberto Massa
@ 22/04/2004 16:31 : wrote Jeremy Hankins : Here's the draft summary of the OSL2.0 I promised. Comments requested. Specifically: Regarding the patent clause: Sam Hartman, you Anders Torger (the upstream licensor) were the only two I saw while going back over the thread that felt it wasn't a

Re: DRAFT d-l summary of the OSL v2.0

2004-04-22 Thread Humberto Massa
@ 22/04/2004 18:26 : wrote Andreas Barth : Of course we can discriminate - like the GPL does. Cheers, Andi no, no, the GPL discriminates what you do with the specific piece of software you are redistributing or its derived works, not if you are or not distributing other software, that is

Re: DRAFT d-l summary of the OSL v2.0

2004-04-23 Thread Humberto Massa
@ 23/04/2004 08:34 : wrote Andrew Suffield : (about DFSG#5,6) They're supposed to prohibit this sort of license clause (all real examples, albeit not with precise wording): - This software may not be used in nuclear power plants. - This software may not be used by the US government. - This

Re: The QPL licence

2004-04-27 Thread Humberto Massa
@ 27/04/2004 10:05 : wrote Arnoud Engelfriet : I have no idea whether a US court would like to apply this clause, but if the author goes to court, he is likely to get the court to use Dutch law, using this clause. I don't believe this for a moment. Not in the US, and most certainly not in

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