Re: licensing issue at APT

2008-11-09 Thread Jacobo Tarrio
El domingo,  9 de noviembre de 2008 a las 01:35:35 -0200, Andre Felipe Machado 
escribía:

 Please, I need legal advice about the bug report [0] in APT.

 Just a note that legal advice means advice given by someone acting as a
lawyer. As such, very few people in this list is qualified to give legal
advice, and those who are will not give it, because giving legal advice has
some unwanted legal consequences. Basically, nobody wants to be sued if they
happen to give wrong advice :)

 Some of us may give our opinions, or say what we would do in that
circumstance, but the responsibility for the decision lies entirely with
you.

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Re: links to external software

2008-09-20 Thread Jacobo Tarrio
El sábado, 20 de septiembre de 2008 a las 22:38:27 +0200, Ramses Rodriguez 
Martinez escribía:

 error if they are not installed). My question is: ¿is this behavior
 DFSG-compliant or Debian packages are supposed to be 100% self-contained?

 If it weren't, we wouldn't be able to have in main any software that
depends on a (possibly non-free) server :)

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Re: source code written by monkey

2008-08-11 Thread Jacobo Tarrio
El lunes, 11 de agosto de 2008 a las 14:44:14 +0200, Arnoud Engelfriet escribía:

 While these claims seem somewhat far-fetched, the end result is still
 that the author has asserted the work is public domain. Why not
 accept that?

 Because that is not possible in Germany, where (I believe) the author lives.

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Re: ITP: debian-backports-keyring -- GnuPG archive key of the?backports.org repository

2008-06-23 Thread Jacobo Tarrio
El domingo, 22 de junio de 2008 a las 12:54:09 -0600, Wesley J. Landaker 
escribía:

 Actually, how are debian-keyring and debian-archive-keyring free-software, 
 anyway? Do I get source code for the all GPG keys they contain? 
 The /usr/share/doc/debian-keyring/copyright even says The keys in the 
 keyrings don't fall under any copyright. Ops!

 Well, the keys are not creative works, so they cannot be covered under
copyright in most jurisdictions. However, the collection of keys itself can
be covered under copyright, or something similar to it, in many of them, so
having a free licence is still relevant: you can add, remove and update keys
in the collection freely.

 Note how cunningly I avoided talking specifics about one or other
jurisdiction to avoid giving legal advice unadvertantly.

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Re: Could you please forward this proposed license to Teosto? (was: Re: Choosing a license for Frets on Fire songs)

2007-04-27 Thread Jacobo Tarrio
El jueves, 26 de abril de 2007 a las 16:25:40 -0400, Jason Spiro escribía:

 I have dropped Tommi, Sami and Joonas from the Cc because I don't think
they want to be bothered too much with this kind of things, and only care
about the results. Feel free to correct me if that isn't the case.

 * Persons distributing the Work to the general public may only do so
 if the Work is distributed and/or bundled with game software.

 If the songs must be distributed and/or bundled with the game, then it is
not allowed to distribute the game in main and the songs in non-free. In
fact, one could say they cannot even be in different packages.

 If I were to draft such a license, I'd allow unlimited distribution, allow
to change the storage format and/or medium of the songs but only allow use,
public performance, etc., in games.

 Also, I'd suggest not making a non-free license look similar to a free
license :-)

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Re: question about gpl-commercial dual licencing

2007-04-21 Thread Jacobo Tarrio
El sábado, 21 de abril de 2007 a las 15:10:31 +0530, Shriramana Sharma escribía:

 Say someone creates a library libfoo in the C language. The library is 
 dual-licenced -- under the GPL and under a commercial licence. GPL is 
 Now I create Python binding to that library - pyfoo. Now I would like to 
 dual-licence it myself, under the same terms -- GPL and a commercial 
 Now to get the right of dual-licensing, do I have to obtain a commercial 
 licence from the author of libfoo?
 If yes, why? If no, why not? Please elucidate. Thanks.

 Basically, if a customer of yours wanted to use pyfoo to create a Python
application using libfoo which is distributed under terms other than the
GPL, that customer of yours would need both a license from you and a license
from the author of libfoo.

 Now, you could enter an agreement with the libfoo author so that you can
sell directly pyfoo+libfoo licenses...

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Re: firefox - iceweasel package is probably not legal

2006-12-06 Thread Jacobo Tarrio
El miércoles,  6 de diciembre de 2006 a las 16:26:27 +0100, Arnoud Engelfriet 
escribía:

 What I don't understand is why a package for the Iceweasel software
 would carry the name firefox. There's no such thing as a firefox. There

 It is not a package for Iceweasel that is called firefox. It is an empty
package called firefox that depends on iceweasel and carries a
description that says that it is an empty package put together to aid on
upgrades from firefox to iceweasel and that it can be safely uninstalled.

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Re: firefox - iceweasel package is probably not legal

2006-12-05 Thread Jacobo Tarrio
El martes,  5 de diciembre de 2006 a las 13:57:48 -0800, Jeff Carr escribía:

 I notice that recently you have complied with Mozilla's request to not
 use their trademarks for your browser packages. However, you can't
 also use their trademark to switch users to a competing product.
 (bait-and-switch) The same trademark issues are why there is not a
 package called openoffice. It must be called openoffice.org.

 AFAIK, the firefox package is there to allow the Debian upgrade tools to
install a new version of iceweasel in place of an old version of firefox. If
it didn't exist, the old version of firefox would have been kept or removed
and no new version of iceweasel would have been installed.

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Re: DFSG-freeness of the CID Font Code Public Licence

2006-06-05 Thread Jacobo Tarrio
El lunes,  5 de junio de 2006 a las 19:39:46 +1000, Andrew Donnellan escribía:

 But it doesn't say that - it says applicable laws, if that includes US
 export laws then there's nothing you can do about it because it would
 apply to you in any case.

 It says applicable laws, including US export laws. That's: applicable laws,
and, in addition to them, US export laws. If I live in the EU, US export
laws are not applicable laws to me, but per the license, I'd have to comply
anyway.

 (BTW, I disagree with the this clause is already implied in the law so
let's ignore it because it's harmless school of thought. If the clause is
there it's intended to have an effect. What if laws change? What about other
jurisdictions?).

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Re: DFSG-freeness of the CID Font Code Public Licence

2006-06-05 Thread Jacobo Tarrio
El lunes,  5 de junio de 2006 a las 13:14:49 +0100, Stephen Gran escribía:

 that don't follow the Sharia, you would be forced to?  Do you think a
 license can ever force you to follow laws that have no jurisdiction?

 After seeing licenses that claim not to be affected by any laws that would
make any of its clauses illegal, I'd expect anything from them. Yeah, such
clauses would be void, but the best thing you could make in such a case
would not to accept the license at all (and not distribute the software).

 Yes, exactly.  This means that the sentence boils down to roughly,
 'you have to not break the law for your jurisdiction'.  Well, that's
 hardly non-free.

 Another[0] piece of hideous pseudopoetry:

If this software you want to use,
abide by laws with no excuse;
for if you're ever caught speeding,
this very agreement will be rescinded.

[0] http://raw-output.org/20060605/decorative-clauses

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Re: DFSG-freeness of the CID Font Code Public Licence

2006-06-05 Thread Jacobo Tarrio
El lunes,  5 de junio de 2006 a las 15:39:01 +0200, Jacobo Tarrio escribía:

  Yes, exactly.  This means that the sentence boils down to roughly,
  'you have to not break the law for your jurisdiction'.  Well, that's
  hardly non-free.
  Another[0] piece of hideous pseudopoetry:

 Sorry.

 What I mean is that I'm very suspicious of such clauses, because the usual
claim is that they have no effect at the end. Well, if they don't, why are
they there?

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Re: A GPL-compatible license for photos and music. Which?

2006-04-24 Thread Jacobo Tarrio
El domingo, 23 de abril de 2006 a las 22:25:35 +0400, olive escribía:

 I don't understand this. For photographs, modifications doen't really 
 make sense (apart from some adjustement). If you want to modify a 

 In worth1000.com you can find several examples of modified photos...

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Re: MPL and Source Code

2006-04-03 Thread Jacobo Tarrio
El lunes,  3 de abril de 2006 a las 13:02:58 +1000, Craig Southeren escribía:

 If Debian is not ensuring that all source code for it's distribution is
 publically available via it's archives, then I agree that this is not
 only a problem for Debian, but it is definitaly a problem for downstream
 repackagers who rely on this.

 Debian does not ensure that it will have source code for any given package
one year after its initial release. For example, if package foo 3.17, which
is only in unstable, is replaced by package foo 3.18, the source code for
3.17 is deleted immediately. If foo were distributed under the terms of the
MPL, Debian would have to keep the source code for any version released less
than one year ago, and Debian's not willing to do it.

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Re: RFC: the new license for IBPP

2006-03-30 Thread Jacobo Tarrio
El jueves, 30 de marzo de 2006 a las 16:33:59 +0300, Damyan Ivanov escribía:

 Permission is hereby granted, free of charge, to any person or
 organization (???You???) obtaining a copy of this software and associated
 documentation files covered by this license (the ???Software???) to use
 the Software as part of another work; to modify it for that purpose;

 It allows to modify the library if it is needed to make it work with other
piece of software (for that purpose == to use the Software as part of
another work), but that wording does not allow modifying it to improve its
performance, for example.

 This is why writing licenses is tricky :-)

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Re: MPL license

2006-03-26 Thread Jacobo Tarrio
O Domingo, 26 de Marzo de 2006 ás 20:57:35 +0200, Mike Hommey escribía:

 The GPL does require something similar.

 Not exactly. The GPL requires you to provide source alongside binary; when
you stop offering the binary, you may stop offering the source. However,
under the MPL, you must go on offering the source after you stop offering
the binary.

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Re: [Flamerobin-devel] License, again

2006-03-24 Thread Jacobo Tarrio
El jueves, 23 de marzo de 2006 a las 22:59:46 +0100, Milan Babuskov escribía:

  The GPL itself covers these points. In principle, debian-legal discourages
 license proliferation.
 GPL does cover it, but GPL requires that modifications are made public.

 No, it does not. It only requires that, if a modified version is published,
it is distributed under the terms of the GPL.

 Licenses that require that modifications are published are routinely
rejected by Debian.

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Re: [Flamerobin-devel] License, again

2006-03-24 Thread Jacobo Tarrio
El viernes, 24 de marzo de 2006 a las 10:18:14 +0100, Jacobo Tarrio escribía:

  Licenses that require that modifications are published are routinely
 rejected by Debian.

 More properly, Works distributed under licenses that...

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Re: [Flamerobin-devel] License, again

2006-03-23 Thread Jacobo Tarrio
El jueves, 23 de marzo de 2006 a las 15:55:55 +0200, Damyan Ivanov escribía:

  1. allow anyone to download, copy and redistribute FR source as it is.
  2. if someone makes modifications for his own use, he is not obligated
  to publish them
  3. if someone makes modifications and makes executable version
  available, he must make the modifications available to the same person
  he made executable version available to.
  4. no warranty
 Alright. Please, folks on debian-legal, can you see any problem
 including software with such licensing in Debian? Can you recommend a
 license that satisfies the above points and is DFSG-free? To me it
 seems like Expat plus point 3 above (but I can't legal-speek-phrase it).

 The GPL itself covers these points. In principle, debian-legal discourages
license proliferation.

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Re: no longer a bug.

2006-03-13 Thread Jacobo Tarrio
El domingo, 12 de marzo de 2006 a las 13:39:45 -0500, Mike O'Connor escribía:

 The only things the documentation license holds as invariant are the GPL
 and the GFDL themselves, and Debian already accepts those as being
 invariant, this documentation should no longer be considered non-free in
 light of GR-2006-01.  But becuase of this, I'm copying debian-legal.

 The GPL is not the license of the document, so it is not the case.

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Re: [Portaudio] Re: portaudio in Debian, license updates?

2006-03-06 Thread Jacobo Tarrio
El domingo,  5 de marzo de 2006 a las 14:44:33 -0500, Joe Smith escribía:

 If a court is in doubt as to how the licence is to be interpreted it should
 look at such text. Such text, especially if included near the licence, has

 If the author intends it to be a request, not a requirement, nobody will
end up in court over this.

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Re: GPL v3 Draft

2006-01-17 Thread Jacobo Tarrio
El lunes, 16 de enero de 2006 a las 09:07:42 -0800, Don Armstrong escribía:

 The Complete Corresponding Source Code for a work in object code form
 means all the source code needed to understand, adapt, modify, compile,

 Good, now even if someone codes a piece of firmware directly in machine
code, they cannot say that the preferred form for modification is this
raw listing of 73894 hex codes. There's probably some comments and some
documentation that was used to understand the program while it was being
written, and that's now being considered part of the complete source code
too...

 Propagation of covered works is permitted without limitation provided it
 does not enable parties other than you to make or receive copies.

 Given up on the ASP loophole yet? :-)

 this specific declaration of the licensor's intent. Regardless of any
 other provision of this License, no permission is given to distribute
 covered works that illegally invade users' privacy, nor for modes of

 This is a restriction on running the program disguised as a restriction on
distribution...

 c) If the modified work has interactive user interfaces, each must
 include a convenient feature that displays an appropriate
 copyright notice, and tells the user that there is no warranty for

 No longer optional?

 startup--except in the case that the Program has such
 interactive modes and does not display this information at
 startup.

 But the message on startup is still optional. I'm not sure it's exactly
what they mean...

 d) Distribute the Object Code by offering access to copy it
 from a designated place, and offer equivalent access to copy
 the Corresponding Source in the same way through the same place.
 You need not require recipients to copy the Corresponding Source
 along with the Object Code.

 It's nice that they include this because it's theoretically not permitted
in GPLv2, and that's how Debian (and everyone else) distributes its stuff :)

 Aside from additional permissions, your terms may add limited kinds of
 additional requirements on your added parts, as follows:

 I can see now the coming 15 years of debian-legal flamewars, since some of
these allowed additional requirements are non-DFSG-free (some forms of
patent retaliation and of mandatory link to download the source code, for
example). So some GPLv3-ed works will be non-DFSG-free because they contain
components which are non-DFSG-free.

 And, of course, people won't say d-l says that work X under the GPLv3
which contains component Y under the license Z is non-free, but d-l says
that the GPLv3 is non-free.

 Such is life in d-l.

 When others modify the work, if they modify your parts of it, they may
 release such parts of their versions under this License without additional
 permissions, by including notice to that effect, or by deleting the notice
 that gives specific permissions in addition to this License. Then any
 broader permissions granted by your terms which are not granted by this
 License will not apply to their modifications, or to the modified versions
 of your parts resulting from their modifications. However, the specific
 requirements of your terms will still apply to whatever was derived from
 your added parts.

 This paragraph is using permissions and requirements interchangeably,
which is confusing (and incorrect).

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Re: Is libreludedb DFSG compliant?

2005-12-29 Thread Jacobo Tarrio
El jueves, 29 de diciembre de 2005 a las 15:54:51 +0100, Mickael Profeta 
escribía:

 If you link LibPreludeDB against other code all of which is itself licensed
 under the GNU General Public License, version 2 dated June 1991 (GPL v2),
 then you may use Libprelude under the terms of the GPL v2, as appearing in
 the file COPYING.  If the file COPYING is missing, you can obtain a copy of
 the GPL v2 from the Free Software Foundation Inc., 51 Franklin St, Fifth
 Floor, Boston, MA 02110-1301, USA.
 For any other uses of LibPreludeDB, you must first obtain a commercial
 license from PreludeIDS Technologies SARL.  Please contact
 [EMAIL PROTECTED] for information about commercial licensing.

 This wording makes it look like it is GPLed only if it is linked against a
preexisting GPLed work. That is, if you want to take libPreludeDB out of
Prelude and modify it, you can't because it's not GPLed.

 To have this fixed properly, I'd suggest using the standard This program
is free software; you can redistribute it and/or modify it under the terms
of the GNU General Public License bit, plus an additional paragraph that
states that you can make use of the library under other terms if you obtain
a commercial license from PreludeIDS Technologies SARL.

 You can use eZPublish's licensing scheme as a guide.

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Re: rar support violates DFSG #4

2005-11-26 Thread Jacobo Tarrio
El sábado, 26 de noviembre de 2005 a las 11:11:32 +0100, Robert Millan escribía:

 That suggests if the maintainer disagrees in, say, DFSG #1 (Debian will 
 remain
 100% free), then we don't have to treat as release-critical an inclussion of
 DFSG #4 states:
   We will be guided by the needs of our users and the free software 
 community.

 Please, don't confuse the Debian Free Software Guidelines and the Social
Contract :-)

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Re: New BitTorrent License Preview

2005-10-06 Thread Jacobo Tarrio
El miércoles,  5 de octubre de 2005 a las 19:12:00 -0400, Joe Smith escribía:

 Does this mean that I cannot sell it unless I or anyone else in the world
 has modified it? Isn't that stipulation a bit stupid?
 I read this as saying you may not sell etc. the original work unless it 
 contains some modifications.
 Any modification is acceptable, be it by you or any other party.

 Actually, only modifications that improve the program or add to its
functionality (or makes the program add to the functionality of another
work) substantially.

 This means that the trick that has been used to circunvent other don't
sell clauses (which I don't like -- the trick and the clauses) and
distribute the software in main would not work anymore.

 Moreover: Additionally, without limitation of the foregoing and
 notwithstanding any provision of this License to the contrary, you cannot
 charge for, sell, license or sublicense for a fee, accept donations or
 otherwise receive compensation for the Source Code.
 The clause basically says that you may not charge for the source CDs,
 however AFAICT, this does not prevent you from charging for Binary CDs.

 Yes, if they contain an unmodified copy of BitTorrent.

 It has the effect of saying that you must not charge anything for the
 source alone, but you may charge for the source in conjunction with the
 binary.

 No, you cannot charge anything for the source. If you include binaries,
you're charging for the binary, not the source. It may be nitpicking but
always keep it in mind.

 This can be avoided by doing what is a good idea anyway: Always
 include the source CDs with debian binary cds, and don't sell the source
 cds seperate.

 Debian does not stipulate that source CDs must be sold alongside binary
CDs.

 Anyway, I can think of another scenario where this clause is a nuisance:
you live in a country where international bandwidth is scarce and expensive
(so you cannot download the program) but domestic bandwidth is free (so the
program is still useful to you), so you ask me to burn a copy of the source
code and mail it to you. The license forbids me to have you pay me the costs
of the CD and the mailing, or even to accept a drink next time we meet!

 The license would make you an egotistic friend, in other words ;-)

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Re: New BitTorrent License Preview

2005-10-04 Thread Jacobo Tarrio
El martes,  4 de octubre de 2005 a las 11:26:03 -0500, Michael Janssen escribía:

 Just a couple of comments:

 In clause 3: As an express condition for your use of the Licensed Product,
you hereby agree that you will not, without the prior written consent of
Licensor, use any trademarks, copyrights, patents, trade secrets or any
other intellectual property of Licensor or any Contributor except as
expressly stated herein. For the avoidance of doubt and without limiting the
foregoing, you hereby agree that you will not use or display any trademark
of Licensor or any Contributor in any domain name, directory filepath,
advertisement, link or other reference to you in any manner or in any
media.

 Oh, a clause dealing with trademarks in a copyright license. And very
inconvenient, as well. This would forbid that the Debian package of
BitTorrent were called bittorrent. We would have to call it
binary-digit-violently-fast-stream-of-water or something like that.

 This is some piece of (not legal) advice from me: delete these (new to this
version) two sentences from the license, please.

 From 4.g.: For the avoidance of doubt, to the extent your executable
version of a Licensed Product does not contain your or another Contributor?s
material Modifications or is otherwise not a material Derivative Work, in
each case as contemplated herein, you may not sell, license or sublicense
for a fee, accept donations or otherwise receive compensation for such
executable.

 Does this mean that I cannot sell it unless I or anyone else in the world
has modified it? Isn't that stipulation a bit stupid?

 Moreover: Additionally, without limitation of the foregoing and
notwithstanding any provision of this License to the contrary, you cannot
charge for, sell, license or sublicense for a fee, accept donations or
otherwise receive compensation for the Source Code.

 This would mean, if a product covered under this license were included in
Debian, that nobody would then be allowed to sell Debian source CDs. That
would be a case of this product's license contaminating other software,
which is forbidden by DFSG#9, so this clause makes the license non-free.

 Also, this would be a practical problem: in some places it is actually
cheaper and faster and more convenient to buy a Debian CD from a bookstore
or over the Internet than to download and burn it. That's why selling Debian
CDs is not only allowed: it is encouraged.

 I love this piece in clause 13: Any law or regulation that provides that
the language of a contract shall be construed against the drafter shall not
apply to this License. I am speechless.

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Re: Is VIGRA Artistic License licence free and GPL-compatible ?

2005-09-26 Thread Jacobo Tarrio
El lunes, 26 de septiembre de 2005 a las 19:34:00 +0200, Claus Färber escribía:

  a. place your modifications in the Public Domain or otherwise
  make them Freely Available, for example by allowing the
  Copyright Holder to include your modifications in the Standard
  Version of the Library.
  This goes beyond copyleft and is non-free, because it violates
  DFSG#3, restricting the distribution of derivative works.
 Why? All you have to do is to make the modifications freely available.  
 Putting them under a license that is compatible (e.g. Public Domain)  
 seems to be enough.

 Because the DFSG say that the license must allow distribution of modified
works under the same terms as the original one.

 However, this one forces modified works to be in the Public Domain, which
is nowhere near the terms of the original work.

 Moreover, forced distribution of modified versions is considered non-free
(one should be allowed to create private modifications).

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Re: Linux Documentation Project License (LDPL) v2.0

2005-09-25 Thread Jacobo Tarrio
El domingo, 25 de septiembre de 2005 a las 10:58:49 -0400, Joe Smith escribía:

 Is it just me or is it hard to sue a pseudonymous modifier, becaue their 
 real identiy is not known?

 Yes, but the pseudonymous modifier would have lost the license to
distribute the work, and anyone distributing that version would be
distributing an unlicensed piece of software.

 Also is it possible for somebody to enforce the copyright to a work they
 published anonymously if they wish not to lose the anonimity?

 Yes, anonymous authors usually have their publisher enforce the license
for them.

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Re: Linuxsampler license

2005-09-15 Thread Jacobo Tarrio
El jueves, 15 de septiembre de 2005 a las 10:50:12 +0200, Sven Luther escribía:

  LinuxSampler is licensed under the GNU GPL license with the exception 
  that COMMERCIAL USE of the souce code, libraries and applications is
  NOT ALLOWED without prior written permission by the LinuxSampler 
  authors. If you have questions on the subject please contact us.
 That is indeed non-free and fails DFSG #6, the package cannot be in main, but
 could be in non-free maybe.

 Probably not, according to some interpretations (the GPL does not allow
adding restrictions. The author can distribute the work, since he/she is the
author, but noone else can distribute a work licensed in this way).

 Also, the use of the word exception is very sneaky :-) It is more like an
additional restriction :-)

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Re: Linuxsampler license

2005-09-15 Thread Jacobo Tarrio
El jueves, 15 de septiembre de 2005 a las 13:07:18 +0300, George Danchev 
escribía:

   That is indeed non-free and fails DFSG #6, the package cannot be in
   main, but could be in non-free maybe.
   Probably not, according to some interpretations (the GPL does not allow
 Right,  as explained in #12 h, i, j, k at:
 http://people.debian.org/~bap/dfsg-faq.html

 What I meant is that some believe that a piece covered by the
GPL+additional restrictions, even if these restrictions were added by the
author, is not distributable at all (by anyone other than the author).

 Of course it's non-free if it does not allow commercial usage.

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Re: Alternatives to the Affero General Public License

2005-06-22 Thread Jacobo Tarrio
O Martes, 21 de Xuño de 2005 ás 20:07:36 -0700, Gregor Richards escribía:

 In response section 6:
 (So that I can reference, the full section:)
 6.  Each time you redistribute the Program (or any work based on the
 Program), the recipient automatically receives a license from the
 original licensor to copy, distribute or modify the Program subject to
 these terms and conditions. You may not impose any further restrictions
 on the recipients' exercise of the rights granted herein. You are not
 responsible for enforcing compliance by third parties to this License.
   It seems to me that the license from the original licensor would
   include this new term/condition, as that is how (s)he licensed it. 

 If you look closely, it says subject to these terms and conditions and
the rights granted herein, not subject to the same terms and conditions
under which you received the Program nor the rights granted to you.

   I of course can't make an entirely new license based on the GNU GPL
   without FSF's permission, so is there any way that a term could be added
   at all?

 You can, if you remove the preamble.

 http://www.gnu.org/licenses/gpl-faq.html#ModifyGPL

 In response to the dissident problem:
 I don't see how this hinders said dissident at all.  If said dissident
 has to send the entire source, (s)he as already made it available
 through some computer network.

 Made *what* available? An interface to the program, not the program itself,
like in the GPL.

  If said dissident made it available on a public computer network, they
 have already incriminated themselves

 Not necessarily. For example, in a CMS for dissidents, the source code
might include workflow code that reflects the structure of the dissident
organization (for example, the text is written then sent for approval to the
local coordinator, then to the regional coordinator, then it is published
and a copy is sent to the pamphlet printers). The source code now contains
information which is not present in the user interface but is incriminating.

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Re: [WASTE-dev-public] Do not package WASTE! UNAUTHORIZED SOFTWARE [Was: Re: Questions about waste licence and code.]

2005-05-19 Thread Jacobo Tarrio
O Mércores, 18 de Maio de 2005 ás 21:46:48 -0400, Roberto C. Sanchez escribía:

 That is completely not possible.  Once you offer (and someone accepts)
 code under the terms of the GPL, they are for evermore entitled to use
 *that* code under the GPL.  About the only thing that can be done is

 Assuming that EU laws aren't involved, which allow the author to take all
copies of their work out of circulation (but the laws, or at least Spanish
law, also say that the author must pay damages, and if they decide to return
the work to the market, it must be under reasonably similar conditions).

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Re: [WASTE-dev-public] Do not package WASTE! UNAUTHORIZED SOFTWARE [Was: Re: Questions about waste licence and code.]

2005-05-19 Thread Jacobo Tarrio
O Xoves, 19 de Maio de 2005 ás 19:52:28 +0200, Arnoud Engelfriet escribía:

 That's an aspect of EU copyright law I'm not aware of. Can you
 tell me which Berne provision or EU directive this is?

 Please, next time just say directly that's not so and it'll be easier on
my health. Thanks.

 And that's not so, true. I hadn't gotten it right the first time, and I
won't say EU now.

 Spanish law says (the ugly translation is mine): The following
un-disclaimable and inaliable rights belong to the author: [...] 6. Retiring
the work from the market, due to a change in their intellectual or moral
convictions, after a payment of damages to the holders of exploitation
rights.

 I said that the translation was ugly.

 So scrap my previous e-mail.

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Re: Asking for advice regarding the Sleepy Cat's dbxml license

2005-05-05 Thread Jacobo Tarrio
O Xoves,  5 de Maio de 2005 ás 10:36:09 +0200, Tomas Fasth escribía:

  * 3. Redistributions in any form must be accompanied by information on
  *how to obtain complete source code for the DB software and any
  *accompanying software that uses the DB software.  The source code
  *must either be included in the distribution or be available for no
  *more than the cost of distribution plus a nominal fee, and must be
  *freely redistributable under reasonable conditions.  For an
  *executable file, complete source code means the source code for all
  *modules it contains.  It does not include source code for modules or
  *files that typically accompany the major components of the operating
  *system on which the executable file runs.

 This one is problematic as it does not specify for how long the information
on how to obtain complete source code must be valid.

 For example, if it were a requirement to have it available for one year
after the download, Debian would not be able to carry it (as source code is
deleted from the archive when corresponding binaries are deleted) -- plus
one such requirement is considered non-free by many.

 If it's enough that source code is available at the same moment the binary
is downloaded, it is acceptable.

 (The GPL has a provision for a three-year-long offer for source code, but
as Debian provides source code at the same time as the binaries, Debian
isn't really using it).

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Re: (DRAFT 3) FAQ on documentation licensing

2005-04-20 Thread Jacobo Tarrio
O Mércores, 20 de Abril de 2005 ás 08:40:21 +0200, Jacobo Tarrio escribía:

  Yes, in places it is too verbose, being that I'm not used to writing in
 English :-)

 (I think that I've been reading too many American laws, lately. The
provision hereunder, therefore, applies to all persons not under 17 and born
not after 1950, unless they never wear pants. 'Pants' means...).

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(DRAFT 4) FAQ on documentation licensing

2005-04-20 Thread Jacobo Tarrio
 After suggestions by Glenn Maynard, I rewrote most of the document to make
it simpler and remove redundancies that were repeated over and over ;-

 I repeat my point: repeated exposure to American legal texts is bad for
non-native speakers ;-)))

 The first two questions were merged into a single one. The question about
credits was deleted as it is probably too hard to answer in a FAQ (and it is
not frequent at all, anyway). The end-result is two questions shorter than
the original, and much easier to read (I hope).

 I'm still unhappy with the length of the second question (the question
itself, not the answer).

 The current text: http://jacobo.tarrio.org/Documentation_licensing_FAQ

 Full document history is available by clicking on the historial tab, in
case you want to compare or recover something. If you do not understand
Spanish, you can use the Wikipedia page as a reference (the software I use
is Wikimedia). You cannot edit any pages; direct your comments here.



Q: Why does Debian apply the DFSG to documents?

A: Debian applies the same standards of freedom to all works it distributes;
some of these standards are written down in the DFSG. No good reasons have
been provided to use a different standard with documents than with programs.

Even if we were to treat software and documentation differently, first we
would need to have a clear way to tell documentation apart from software.
Many works, like source code annotated with Javadoc comments or Postscript
files, are software and documentation at the same time, so it is easy to see
that there is no such clear division.



Q: Some documents need to have some parts which must not be modified. For
example, RFC or other standards documents should not be modifiable at all.
Or a piece may contain the author's opinion on something, and nobody should
be allowed to misrepresent the author's position by modifying that piece.
Isn't this a restriction that should be allowed in documents and not in
programs?

A: Mainly, for three reasons: such a restriction is unnecessary, it is
useless and it is not true that it would be less appropriate for software
than for documentation.

First, misrepresentation can be prevented without forbidding anyone to
modify the work, by requiring all modified works to not claim that they are
the original work or that they were written by the original work.

Furthermore, a clause in a copyright license would not stop anyone from
misrepresenting the work or its authors. For example, I might create a new,
original document titled RFC 2821, Simple Mail Transfer Protocol with a
distorted description of SMTP, and with this action I would not be
contravening the license of the IETF's RFC 2821. The proper defense against
this are the various laws dealing with libel, fraud and impersonation.

Finally, if there were any reasons to allow such a restriction in documents,
these reasons would allow it in programs too. For example, qmail's license
forbids distributing modified versions of it, since its author believes that
his reputation might suffer if someone distributed a version of qmail with
bugs not introduced by him. If restrictions on modification of documents
were allowed to save an author's reputation, they would be allowed on
programs; this would make qmail free, but due to the DFSG it isn't, so these
restrictions cannot be allowed.



Q: I think that some Debian Free Documentation Guidelines should be
created as an alternative to the DFSG for documentation. What should I do to
have them adopted?

A: First, you must write them; most people never manage this part.

Next, for every license restriction permitted by your new guidelines that
isn't allowed by the DFSG, you must give satisfactory answers to these three
questions:

   1. How do we distinguish between packages where this restriction should
and should not be allowed?
   2. Why should the restriction be allowed in for these packages?
   3. Why shouldn't the restriction be allowed in for every other package? 

Note that the answers to (2) and (3) should not involve special pleading or
otherwise be contradictory. Because it's documentation is not a valid
answer, and the answer to (3) should not apply to the packages in question.

You'll need to discuss your proposal on debian-legal and debian-project to
work out any problems with your proposal and to gather support for it.

Finally, you'll have to propose a General Resolution to amend the Social
Contract, and convince a 3:1 supermajority of your fellow Debian developers
to vote for it.



Q: If the DFSG are to be applied to documents as well as to programs, why is
the text of the GPL included in Debian, if it says that it cannot be
modified at all?

A: Because the verbatim text of the license must be distributed with any
work licensed under its terms. This is not specific to the GPL; almost all
free licenses require that their text be included verbatim with the work. As
a compromise, Debian distributes copies of the GPL and 

Re: (DRAFT 4) FAQ on documentation licensing

2005-04-20 Thread Jacobo Tarrio
O Mércores, 20 de Abril de 2005 ás 11:20:36 -0300, Humberto Massa escribía:

 s/software/programs and\/or libraries/g

 Darn, I had managed to avoid it in the previous version :-)

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Re: (DRAFT 4) FAQ on documentation licensing

2005-04-20 Thread Jacobo Tarrio
O Mércores, 20 de Abril de 2005 ás 14:53:18 +, MJ Ray escribía:

 Q: Shouldn't we allow documents which describe standards or
 personal opinions to be non-modifiable? Why should we need the
 same freedoms as for programs?

 That's a good one (although I don't like the last question very much, I'm
putting it in anyway).

 I think a better example would be the demonstration
 implementation of a protocol included with a standards
 document. (I know it's popular (maybe even deserved) to kick
 qmail, but why do it here?) I suggest:

 Well, I wrote about qmail because it was the example I knew best. Hey, I
even understood his reasons! ;-)

 Ok, ok, I'm leaving DJB alone... the Q now reads:

Q: Shouldn't we allow documents which describe standards or personal
opinions to be non-modifiable? Why should we need the same freedoms as for
programs?

A: Mainly, for three reasons: such a restriction is unnecessary, it is
useless and it is not true that it would be less appropriate for programs
than for documentation.

First, misrepresentation can be prevented without forbidding anyone to
modify the work, by requiring all modified works to not claim that they are
the original work or that they were written by the original authors; so, the
restriction is unnecessary.

Furthermore, a clause in a copyright license would not stop anyone from
misrepresenting the work or its authors. For example, I might create a new,
original document titled RFC 2821, Simple Mail Transfer Protocol with a
distorted description of SMTP, and with this action I would not be
contravening the license of the IETF's RFC 2821. The proper defense against
this are the various laws dealing with libel, fraud and impersonation. So,
such a restriction would be useless.

Finally, if there were any reasons to allow such a restriction in documents,
these reasons would allow it in programs too. For example, a standards
document might be accompanied by a demonstration program. One could say that
the reputations of the authors of the document and the program may suffer if
someone breaks either one of them. If Debian allowed any restriction on
modification of the document, Debian should also allow the same restriction
on modification on the program, so this kind of restrictions would not be
more appropriate for documentation than for programs. 

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Re: (DRAFT 3) FAQ on documentation licensing

2005-04-16 Thread Jacobo Tarrio
O Sábado, 16 de Abril de 2005 ás 18:49:15 +0200, Francesco Poli escribía:

 Here I don't know if it's me that sees it wrong or that symbol is really
 a question mark...
 I would do
   s/components \? the/components: the/

 That's a dash (mdash;), that does not appear well because I cut-and-pasted
from Firefox, and as I'm using Latin-1... I changed it to a semicolon ;)

 Perhaps it's clearer if you say derived license rather than
 derivative work.

 Yes, I agree. Some people are even too easily confused ;-)

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Re: (DRAFT) FAQ on documentation licensing

2005-04-15 Thread Jacobo Tarrio
O Venres, 15 de Abril de 2005 ás 00:29:52 +0200, Francesco Poli escribía:

 Copyright ones are not the only issues that matter when we check whether
 a work is DFSG-free.

 Oh, you're right.

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Re: (DRAFT) FAQ on documentation licensing

2005-04-15 Thread Jacobo Tarrio
O Venres, 15 de Abril de 2005 ás 17:06:00 -0400, [EMAIL PROTECTED] escribía:

 How about this, more to the point? If the author or standards
 organization is unconvinced by this argument, and does not want to

 Ah, now I understand what you meant :-) I have added something to that
effect.

 I'm sending now a message with the current version of the FAQ for any
further comments; I won't send any other version until Monday at the
earliest.

 Latest version: http://jacobo.tarrio.org/Documentation_licensing_FAQ

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Re: (DRAFT) FAQ on documentation licensing

2005-04-14 Thread Jacobo Tarrio
O Xoves, 14 de Abril de 2005 ás 01:22:56 +0200, Francesco Poli escribía:

   A: The DFSG is a set of minimum criteria that are taken into account
   when
  deciding if a particular copyright license is free or not.
 I would prefer if a particular /work/ is free or not.

 Actually, it would be a mix of both: if a particular work, with its
copyright license, is free or not.

  [...] the existence of different DFSG and DFDG would mean that there are
  some freedoms that are necessary for programs but are irrelevant for
  documents, and vice versa [...]
 I would add Nobody has yet provided a convincing rationale to explain
 *why* programs and documents should need a different minimum set of
 freedoms. The Debian project claims that the same freedoms are important
 for both programs and documents.

 Agreed; I intended to add something like this all along, but I finally
forgot it. Thanks for adding it :-)

   A: First, standards documents should be modifiable: that's how old
  standards are improved and new standards are made. Modifying a copy of
  a standards document, such as a RFC, does not modify the RFC itself.
 [...] they fail to see the difference between creating a derivative work
 and modifying the work itself [...]

 I'll add ; it just creates a new work, derivative of the original RFC to
the sentence, since the derivative work bit is important :-)

 Perhaps it's better avoiding recommending trademarks or otherwise we
 should be prepared to see more and more Mozilla-like mess in the
 future...  :-(

 Mmmm, you are right. I'll delete the comment about trademark laws (will
leave the reference to libel), but they will eventually have to be
mentioned, since I believe that they're the ones to be used for protecting
the reputation of the authors/of the original works, etc., etc., not a
clause in the copyright license.

 But while the implications of using trademark law for this are not fully
explored by us and put into writing, perhaps they're best left out of this
FAQ...

 (I was going to remove slander, since slander is speech and libel is
writing, but perhaps someone would modify a voice recording just to prove me
wrong, so... ;-)).

 [Comment] Good example. My favorite one is the following: if the license
 of a MUA forbade to add HTML mail support (because the authors are
 philosophically against HTML mail), this license would be considered
 non-free, even when it would be protecting the authors' own opinions.

 This is even a better example than mine. I'll change mine to this (the old
one is kept saved in the page's [1] history).

==
[1] http://jacobo.tarrio.org/Documentation_licensing_FAQ

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Re: (DRAFT) FAQ on documentation licensing

2005-04-14 Thread Jacobo Tarrio
O Xoves, 14 de Abril de 2005 ás 09:37:12 +0100, Andrew Suffield escribía:

 It could also be fraud, or (strangely enough) in some jurisdictions,
 copyright. Although not the part of copyright law that is related to
 licensing; the right to not have things misattributed to you cannot be
 waived, transferred, or otherwise licensed. But it is sometimes
 written into the copyright statute rather than anywhere else.

 And that's why don't use the name «apache» or don't misattribute me
clauses in copyright licenses are stupid: because then I might create a
completely new work called «apache» or attributed to that author without
contravening the terms of these licenses. What stops me from doing these
things are other laws.

 If I find the right wording, I'll add it to my FAQ proposal.

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Re: (DRAFT) FAQ on documentation licensing

2005-04-14 Thread Jacobo Tarrio
O Xoves, 14 de Abril de 2005 ás 07:39:30 -0400, Evan Prodromou escribía:

 Probably another point worth making is that being in Debian or being
 DFSG-free is not equivalent to being good or being righteous.
 [...]

 Yes, that's worthy of an entry in the DFSG FAQ, only not in the
documentation licensing FAQ part I'm drafting :-)

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Re: (DRAFT) FAQ on documentation licensing

2005-04-14 Thread Jacobo Tarrio
O Xoves, 14 de Abril de 2005 ás 08:55:07 -0400, Anthony DeRobertis escribía:

 Append at the end:
 - Discuss it on -project(?). Once you've worked out any problems with 
 - Propose a General Resolution to amend the Social Contract and convince 

 Oh, yes. I thought it looked too easy ;-)

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(DRAFT 2) FAQ on documentation licensing

2005-04-14 Thread Jacobo Tarrio
 24 hours have passed, and this is the text of the current revision.

 Additions, removals, rewordings, criticism, suggestions are welcomed and
requested. The latest revision is always available (minus network hiccups)
at http://jacobo.tarrio.org/Documentation_licensing_FAQ

 When the text is stable, I will submit it for inclusion in the DFSG FAQ.



Q: Why does Debian apply the DFSG to the GFDL (and other licenses)?

A: The DFSG is a set of minimum criteria that are taken into account when
deciding if a particular work, with its copyright license, is free or not.
Everything that is distributed by Debian in its main distribution must be
free, so the DFSG are the criteria to be applied.



Q: But the GFDL (and other licenses) are not software licenses, but
documentation licenses. Software and documentation are not the same thing.

A: Even if by software you mean programs, there's not always a clear-cut
distinction between programs and electronic documents. For example, a
Postscript file may contain the full text of the GNU Emacs manual (that is a
document), but it is really a program which is interpreted by
Postscript-capable printers to render that text on paper. Other examples
include literate programming (a style of writing programs in which what is
really written is an essay about how a program works, with code snippets) or
javadoc-like documentation embedded in program source code.

Of course, a copy of the GNU Emacs manual printed on dead trees is
definitely not software, but Debian doesn't distribute physical goods, so
this example is irrelevant to the question.



Q: Why are the DFSG applied to documentation? There should be some Debian
Free Documentation Guidelines (DFDG) to be applied to documents instead of
the DFSG.

A: See the previous question. Even if it doesn't convince you or you can
live with the ambiguity described there, the existence of different DFSG and
DFDG would mean that there are some freedoms that are necessary for programs
but are irrelevant for documents, and vice versa. Nobody has yet provided a
convincing rationale to explain *why* programs and documents should need a
different minimum set of freedoms. The Debian project claims that the same
freedoms are important for both programs and documents. Some examples of
this are given in the following questions.



Q: The ability to keep certain parts of a document is essential for some
kinds of document. For example, RFC or other standards documents should not
be modifiable. Or a piece may contain the author's opinion on something, and
nobody should be allowed to misrepresent the author's position by modifying
that piece.

A: First, standards documents should be modifiable: that's how old standards
are improved and new standards are created. Modifying a copy of a standards
document, such as a RFC, does not modify the RFC itself; it just creates a
new work, derivative of the original RFC.

If what's really intended is to stop someone from passing a modified
document as the original, other means must be used, such as slander/libel
laws already existing in most jurisdictions. Clauses in copyright licenses
are completely useless for this purpose, since they can be easily worked
around by creating brand new works with defaming content, which would not be
contravening the clause.

In other words, one should be allowed by the license to write a document
derived from RFC 2822 and titled New proposed extensions to SMTP, or a
document titled A layperson's comments on the GNU Manifesto which was made
by modifying the GNU Manifesto itself.

It is the same situation in a program. For example, if the license of an
email client forbade to add HTML mail support (because the authors are
philosophically against HTML mail), this license would be considered
non-free, even when it would be protecting the authors' own opinions.



Q: The authors of a document or a literary work deserve to be credited. They
should be able to add a restriction to the license so that their names must
be displayed prominently on the front cover. Shouldn't such a license be
considered free?

A: Debian would normally consider free a license that mandated that the name
of the authors appear along with other credits or something like that.
Specifying the form the credit must take, or its exact wording, or where it
must appear, are restrictions that aren't generally considered free.
Additionally, they have some problems of their own. For example, how do you
display a name prominently on the front cover of a text file? Or what if
someone makes a compilation of texts; should all names appear prominently on
the front cover?

Also, authors of programs deserve to be credited as well, and similar
restrictions have already considered non-free. For example, a license that
says that a three-screen credits text must appear on startup would be
unacceptable.



Q: Anyway, I think that some Debian Free Documentation Guidelines are
necessary as an alternative to the DFSG for documentation. 

Re: (DRAFT 2) FAQ on documentation licensing

2005-04-14 Thread Jacobo Tarrio
O Xoves, 14 de Abril de 2005 ás 11:46:36 -0400, Raul Miller escribía:

 Another example is incorporating documentation into a program, to be
 displayed at run time.

 Included.

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Re: (DRAFT 2) FAQ on documentation licensing

2005-04-14 Thread Jacobo Tarrio
 I have added this to the FAQ:

Q: If the DFSG are to be applied to documents as well as to programs, why is
the text of the GPL included in Debian, if it says that it cannot be
modified at all?

A: It is included because this text contains the terms under which many
components of a Debian system are distributed. Debian is legally required,
then, to inform of these terms to the receiver of the components ? the only
way is including the text in the Debian system itself.

Take into account, however, that:

   1. According to the FSF (copyright holder on the text of the GPL) you're
  actually allowed to modify the text of the GPL and create a derivative
  work if you remove the preamble and you do not call the results
  General Public License (reference:
  http://www.fsf.org/licensing/licenses/gpl-faq.html#ModifyGPL)

   2. Actually, if no works in Debian were covered under the GPL, Debian
  would not distribute the text of the GPL by itself. 

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Re: (DRAFT) FAQ on documentation licensing

2005-04-13 Thread Jacobo Tarrio
O Mércores, 13 de Abril de 2005 ás 16:56:04 +0100, Andrew Suffield escribía:

  Of course, a copy of the GNU Emacs manual printed on dead trees is
  unequivocally documentation,
 ^
 You mean 'not software'. It's always documentation; in softcopy form
 it happens to be software as well (and since it's written in info, it
 probably qualifies as a program).

 Yes, that's what I meant. I left it [1] as definitely not software :-)

==
[1] http://jacobo.tarrio.org/Documentation_licensing_FAQ [2]
[2] It doesn't have DRAFT in the URL but it does in the text.

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Re: (DRAFT) FAQ on documentation licensing

2005-04-13 Thread Jacobo Tarrio
O Mércores, 13 de Abril de 2005 ás 17:56:11 +0100, Andrew Suffield escribía:

 I've written this four times in the past week, so it belongs in a
 FAQ. Something along these lines should be included:

 Done. Now you can start just pasting URLs [1] :-)

==
[1] http://jacobo.tarrio.org/Documentation_licensing_FAQ

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Re: Bug#296369: ITP: spin -- Powerfull model checking and software verification tool

2005-02-22 Thread Jacobo Tarrio
O Martes, 22 de Febreiro de 2005 ás 13:54:18 +0100, Eike Dehling escribía:

 So unless someone uses it commercially no license applies. Debian itself 

 A license is a permission grant. No license == no permission.

 isn't commercial, so it doesn't apply here. The first sentence even 
 encourages redistribution/modification, i'd think? How much of a problem 
 is the restriction on commercial use, when non-commercial use is free?

 Many of Debian's users are commercial entities. That's why the DFSG forbid
discriminating between fields of endeavo(u)r (meaning, a license that says,
for instance, noncommercial use only or not for atomic weapons testing
or use in the trade of oil or oil-based products requires payment of a
0.5% royalty isn't valid for Debian).

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Re: ReRegarding iraf

2005-01-11 Thread Jacobo Tarrio
O Luns, 10 de Xaneiro de 2005 ás 18:53:52 +0100, Jacobo Tarrio escribía:

  What defines GPL compatibility?  Modify and distribute?
  A license is compatible with the GPL if it does not include any restriction
 not present in the GPL.

 In my latest message I didn't really say what I really meant, so I'll
explain it correctly now :-)

 Have a program P and a library L; one of them is distributed under the
terms of the GPL and the other is distributed under the terms of another
license.

 When you link P with L, the resulting binary B is a work that is covered by
the terms of both licenses at the same time. So, when you distribute it, you
must satisfy the terms of both licenses at the same time.

 Now, by the terms of the GPL, the binary B must be licensed as a whole
under the terms of the GPL (clause 2b). Furthermore, you cannot impose any
restrictions not present in the terms of the GPL (clause 6).

 So, a license is compatible with the GPL if:

 - the license does not forbid anything allowed in the GPL
 - there's nothing which is compulsory in the license but not in the GPL

 In short: a license is compatible with the GPL if distributing a work in a
manner that complies with the GPL would also comply with the license.

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Re: Drawings similar to well known products. Copyright problems?

2005-01-11 Thread Jacobo Tarrio
O Luns, 10 de Xaneiro de 2005 ás 18:51:32 -0500, Brian Thomas Sniffen escribía:

 I wouldn't be horribly surprised if the names hummer or rubik are

 Is HMMV a registered trademark?

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Re: ReRegarding iraf

2005-01-10 Thread Jacobo Tarrio
O Luns, 10 de Xaneiro de 2005 ás 12:42:57 -0500, Justin Pryzby escribía:

 What defines GPL compatibility?  Modify and distribute?

 A license is compatible with the GPL if it does not include any restriction
not present in the GPL.

 Interpretation: when you join (by linking) a GPLed work with another work,
the results is a derivative of both works. If this is distributed, it must
be done so under the terms of the GPL, which forbids adding any restrictions
to the terms of the GPL.

 Look at clauses 2, 3, 4 and 6 for more information.

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Re: Trademarks: what is the line?

2004-12-31 Thread Jacobo Tarrio
O Venres, 31 de Decembro de 2004 ás 12:59:31 -0500, Brian Thomas Sniffen 
escribía:

  What sort of nonsense is that? What on earth are they trying to accomplish?
 About what Debian seeks to accomplish with the Official Logo: a seal
 or mark indicating quality.

 Yes, but the more widely known logo and name are the ones everyone can use.

 Mozilla, instead, restricts the use of their only logos and names. They
don't say you can call your derived version of our product
'unrestrictedzilla', while we say here, use the swirl.

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Re: Trademarks: what is the line?

2004-12-31 Thread Jacobo Tarrio
O Venres, 31 de Decembro de 2004 ás 13:12:38 -0800, Steve Langasek escribía:

 If we're not doing anything that requires licensing the trademark, a
 requirement in the trademark license to change the command names is
 ignorable.

 Well, using the trademark forces us to seek permission (a license) from its
owner.

 But I'm not convinced that a command name would force us (or anyone) to it.

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   Jacobo Tarrío | http://jacobo.tarrio.org/



Re: AbiWord, trademarks, and DFSG-freeness

2004-10-17 Thread Jacobo Tarrio
O Venres, 15 de Outubro de 2004 ás 12:40:23 -0400, Raul Miller escribía:

   Oops, I have just thought of a case where it isn't so, at least in Spain.
  The Spanish trade mark law allows the owner of a trademark to prohibit its
  removal from a product.
 If we are prohibited from removing the name abiword from some derivative
 form of the program, then we must be allowed to have abiword on that
 derivative form.
 Alternatively, once we're not allowed to have abiword on the derivative
 form, we can't be prohibited from removing the name.

 But I was talking about whether trademark law alone would be able to make a
work DFSG-unfree.

 Therefore, I was taking the permissions for the trademarked name in
isolation, and so I said if the trademark owner forbade us from removing
the trademarked name, the work would be DFSG-unfree.

 If the license for the trademarks and the license for the work were
inconsistent... well, it's not like it never happened before :-)

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Re: AbiWord, trademarks, and DFSG-freeness

2004-10-15 Thread Jacobo Tarrio
O Venres, 15 de Outubro de 2004 ás 02:12:41 -0500, Branden Robinson escribía:

 First of all, I Am Not A Lawyer, so don't sue me if your trial goes bad.
It's all your fault for believing me :-)

 And now...

 I think that trademarks are irrelevant to DFSG-freeness since if the
copyright license is DFSG-free, we would still be able to distribute the
software even if we were asked by the trademark owner not to use its
upstream name (we'd have to change the name. It would be a hassle, but the
software would still be DFSG-free).

 IOW, nowhere in the DFSG says something like you cannot restrict the
user's right to have their modified copies of the software called in the
same way as the original. In fact, there's one place (DFSG #4) where it
says just the opposite :-)

 So take the following only FYI, since I think you'd like to know about it.
Or if there's interest in ever writing a trademark license for the Debian
logos, which allow the maximum admissible freedoms :-)

 First, useful URLs:

 http://www.oepm.es/internet/legisla/signos/iii21lmar.htm

 This is the URL to the Spanish trade mark law. It's in Spanish but it's
there for the record :-)

 http://europa.eu.int/eur-lex/en/consleg/main/1989/en_1989L0104_index.html

 This is the EU trade mark directive. All EU member states' trade mark laws
have to comply with this.

 http://europa.eu.int/eur-lex/en/consleg/main/1994/en_1994R0040_index.html

 This is the Council Regulation on the Community trade mark. That is,
EU-level trade marks. Its wording is similar to the Spanish law...

 1) Do the default protections that attach to trademarks, even when
unregistered and unmentioned (not even with a (TM)), infringe upon the
freedoms the DFSG purports to defend?

 In Spain, trademark owners have no rights until they register them, or
unless the trademark is notoriously known in Spain.

 After registering a trademark, its owner has the right to prohibit its use,
but these prohibitions are not enabled by default (it's the owner who has to
actively enforce the prohibitions).

 So there are no default protections in Spanish trademark law. I think it is
the same for Community trademarks, that is, EU-level trademarks.

 3) I don't know if the AbiWord developers are right about meaningful,
strong, legal protections applying to potential trademarks if no notice
of trademark status is made.  After all, common dictionary words are
frequently trademarked.

 In Spain, notice does not affect (in principle) the outcome of a trademark
suit. Only a ceasedesist order, which would earn the trade mark holder
damages in some cases.

 P1) Adopt a kind of don't-ask, don't-tell policy regarding implicit
 trademarks.  Many free software developers don't give a whit about
 trademarks, and some don't even care how much their software is patched
 by third parties while retaining the name.  So, if you maintain a
 package that doesn't assert any trademarks, don't worry about it.

 This is sane; if no TM is asserted, do nothing special.

 P2) If a package does assert a trademark, contact the mark holder and ask
 for a trademark license that permits usage of the marks under the same
 terms as the copyright license that has been attached to the
 corresponding work, wherever applicable.

 No; ask for a license that allows usage of the name for packages derived
from the original and whose (behaviour, form, etc) does not deviate
substantially from that of the original software.

 Or more than a license: prohibition of using the trade mark for any piece
of software which is not derived from the original one or has had major
modifications.

 I don't think more is needed. Look at first paragraphs to see why.

-- 
   Jacobo Tarrío | http://jacobo.tarrio.org/



Re: AbiWord, trademarks, and DFSG-freeness

2004-10-15 Thread Jacobo Tarrio
O Venres, 15 de Outubro de 2004 ás 17:50:29 +0200, Jacobo Tarrio escribía:

  I think that trademarks are irrelevant to DFSG-freeness since if the

 Oops, I have just thought of a case where it isn't so, at least in Spain.
The Spanish trade mark law allows the owner of a trademark to prohibit its
removal from a product.

 I don't know what I would think of a piece of software with a name that
couldn't be changed. It would make forking impossible... so now I know.
Non-free.

 But it wouldn't be the case more often. More trade mark holders are more
eager to have you NOT use their mark than the inverse ;-)

 Some hypothetical Debian Free Trade Mark Guidelines (DFTMG) would have this
item: the trade mark license must allow removing the mark from the work.

-- 
   Jacobo Tarrío | http://jacobo.tarrio.org/



Re: JRockit in non-free, part II

2004-10-06 Thread Jacobo Tarrio
O Mércores,  6 de Outubro de 2004 ás 04:24:31 -0700, Johan Walles escribía:

 Also, since I'm really unsure about what the requirements actually are to
 get into non-free, is the EULA forbidding re-distribution a show-stopper?
 I guessed that as long as Debian was allowed to redistribute, forbidding
 end-users to re-distribute was more of a nuisance to the end-users than a
 show-stopper for JRockit going into non-free.

 It is, since it's not Debian who is doing the redistribution, but the
ftpmasters of the mirror sites who choose to carry non-free.

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Re: Real names in a football game

2004-09-15 Thread Jacobo Tarrio
O Martes, 14 de Setembro de 2004 ás 22:18:46 +0200, Isaac Clerencia escribía:

 I think this can be illegal (also team names?).

 Yes, it falls under trade mark protection laws. Since team names and logos,
and players' names are big assets for their teams and national leagues (put
Beckam's name in a 5-euro t-shirt and now it's worth 50 euros), they're
defended very aggresively.

 Some football (soccer) games have been released with players with names
like José García and Roberto da Silva because they couldn't get the
rights to the actual names.

 I'd remove the names (i.e. change them to other, innocuous names) even
without asking as I know the answer beforehand.

 I already have a version without player names ready to be uploaded, removing 
 team names should take a little more effort.

 Use city names. Or common prefix + city name + common suffix (Sporting
Club de A Coruña, Atlético de Valencia, Madrid S.A.D., Berlin 89,
etc.), but this would possibly re-create actual teams' names.

 Or turn the teams into national selections. Country names (or any
geographical names) aren't protected by trademark laws.

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Re: MontyLingua license

2004-08-24 Thread Jacobo Tarrio
O Martes, 24 de Agosto de 2004 ás 14:54:22 +0900, Seo Sanghyeon escribía:

 Since it is certainly licensed under GNU GPL, is it okay to go into
 Debian main? What could This is covered under GPL, but only for
 non-commercial use mean at all?

 I'd guess that it's just the usual association proprietary-commercial going
on.

 Or it might be like Dansguardian's license [1]: GPL, but you cannot
download Dansguardian from its page or an official mirror if you are going
to use it for commercial purposes (you may download it from any site not
associated with Dansguardian; that's how Debian distributes it).

 But I believe it is just the first case. Might require clarification from
upstream if this piece of software were to be packaged, though.

[1] http://dansguardian.org/?page=copyright2

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Re: NEW ocaml licence proposal by upstream, will be part of the 3.08.1 release going into sarge.

2004-08-12 Thread Jacobo Tarrio
O Xoves, 12 de Agosto de 2004 ás 11:29:50 -0400, Michael Poole escribía:

  * Licenses like the QPL, which compel me to give somebody more rights
to my work than I had to his, are not Free.  They are not compatible
with DFSG 3.
 This is where you lose me.  How is that incompatible with DFSG 3?  If
 the license says that Entity X gets extra rights (perhaps being the
 author of the original software), what prevents Author Y from
 releasing modifications under the same license terms (Entity X gets
 extra rights to modifications)?

 You're talking about a license as a document with license terms written on
it. He's talking about a license as a set of permissions the copyright
holder grants.

 With this meaning, DFSG#3 would ask that anyone who distributes a modified
work be able to give the recipient the exact same permissions she received
from the copyright holder. If she gives a modified QPLed work to me, for
instance, the permissions are the same, but if she distributes a copy to the
original copyright holder, she would be forced to give him permissions she
didn't originally receive.

-- 

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Re: compatibility of OpenSSL and GPL'ed plugins

2004-07-16 Thread Jacobo Tarrio
O Venres, 16 de Xullo de 2004 ás 01:11:52 +0200, Marco d'Itri escribía:

 Let's consider a program, released under a MIT/X11 license and linked
 with OpenSSL. Some GPL'ed plugins (which are dlopen'ed at run time) are
 distributed with the program.
 Is distribution of this package a GPL violation?

 If they are distributed with the program (in the same tarball) and
implement important features of the program, the terms of the GPL would
apply to the whole package, so there would be a license incompatibility.

-- 

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Re: Desert Island Test [Re: DRAFT: debian-legal summary of the QPL]

2004-07-13 Thread Jacobo Tarrio
O Martes, 13 de Xullo de 2004 ás 00:56:39 -0700, Sean Kellogg escribía:

 back to B due to lack of communication facilities.  The duty in question will 
 be discharged by the court under section 261 provided section 263 is 

 95% of the world population does not live in the US.

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Re: DRAFT: debian-legal summary of the QPL

2004-07-13 Thread Jacobo Tarrio
O Martes, 13 de Xullo de 2004 ás 15:19:02 +0100, Matthew Garrett escribía:

 I'm also unconvinced by these examples. The first sounds like A free
 software license should allow for small groups to avoid lawsuits while
 breaking the law, and the GPL can damage a wide range of perfectly
 legal business plans.

 Well, the intent behind the dissident test is not to protect you from
oppresive governments; it is to check whether the license forces you to
sacrifice your privacy.

 I wouldn't consider a license free if it said, for example, if you modify
this program you must add your name to this wiki page as soon as possible.
It wouldn't fail the desert island test (as soon as possible might easily
mean never) but it would fail the dissident test.

 Tests are only for testing, not for stretching as much as we can: but he
can just ignore the license. If he's a dissident it's not like he's not
breaking any law. Oh, yes, but that's what the dissident test was made for.

-- 

   Tarrío
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Re: Copyright on 'non-creative' data?

2004-07-04 Thread Jacobo Tarrio
O Domingo,  4 de Xullo de 2004 ás 20:54:48 +0100, Andrew Suffield escribía:

 They may be covered by database property laws in some jurisdictions.

 ... which are not Copyright or Intellectual Property laws, so Debian
would treat them in the same way it treats, for example, patents or
trademarks.

-- 

   Tarrío
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Re: request-tracker3: license shadiness

2004-06-10 Thread Jacobo Tarrio
O Xoves, 10 de Xuño de 2004 ás 16:51:06 -0400, Michael Poole escribía:

 Can Debian properly redistribute rt3 if rt3 alleges both distribution
 under the GPL and GPL-incompatible restrictions?  Does the fact that
 the restrictions are non-enforceable (at least in the US) enter
 consideration?

 I don't think it is an incompatible restriction, just a notice. You can
still redistributed a modified version of rt3 retaining your own copyrights.
They only become theirs if you send them for inclusion in the official rt3.

 But the way it is worded is a bit... dangerous. For them. What if I submit
someone else's code? :-)

-- 

   Tarrío
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Re: Cronyx Tau-ISA obfuscated driver

2004-05-18 Thread Jacobo Tarrio
O Martes, 18 de Maio de 2004 ás 09:16:25 +0200, Stephane Bortzmeyer escribía:

 Free/non-free? (Only an academic interest, I did not use this driver
 yet.)
 Cronyx Tau-ISA driver

 Well, if the source code is obfuscated, it is not really useful source code
for humans to modify or learn from; so it would ultimately fail DFSG #2.

 Now, if the license it is distributed under allows de-obfuscation, then
there would be a way around this: someone fixes and documents the source
code and distributed it; this de-obfuscated source code would be DFSG#2
source code. But if they want to preserve the market value (whatever they
mean by that), the license is unlikely to allow that, so it would fail DFSG
#3.

-- 

   Tarrío
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Re: The draft Position statement on the GFDL

2004-05-11 Thread Jacobo Tarrio
O Martes, 11 de Maio de 2004 ás 13:09:12 -0400, Raul Miller escribía:

 The GPL specifically disallows creation of copies with changes -- no
 matter how functional -- which include restrictions on the rights of
 other users of derivatives.

 The GPL forbids distributing copies under a license placing additional
restrictions on the recipient's rights. If the recipient receives a copy of
GCC (for instance) in DRM-uncopiable media, it is either:

 1- a binary, in which case the recipiet is entitled to GCC's source code,
that is: it's preferred form for modification
 2- source code, in which case it isn't its preferred form for
modification, and then no proper distribution under the terms of the GPL
has been made

 And the GPL doesn't forbid anyone to modify a CD-burning program to
generate DRM-capable media, or something like that.

-- 

   Tarrío
(Compostela)



Re: Question about DFSG and a THC project

2004-04-20 Thread Jacobo Tarrio
O Martes, 20 de Abril de 2004 ás 13:52:19 -0700, Jake Appelbaum escribía:

 Let this be my first try at a license analysis in d-l :)

 1. This software comes with no warrenty or promised features. If it
 works for you - fine. It just comes AS-IS, which means as a bunch of
 bits and bytes.

 Warranty disclaimer -- fine.

 2. Anyone may use this software and pass it on to other persons or
 companies as long as it is not charged for! (except for a small
 transfer/medium fee)

 Forbids to sell the software even along with other works -- fails DFSG #1

 3. This tool may *NOT* be used for illegal purpose. Please check the law
 which affects your doing. I will have got no liability for any damage
 etc. done with this tool legally or illegaly.

 Restriction on use. It could be argued that it fails DFSG #6 (fields of
endeavor, if I counted correctly), but it definitely fails a variation of
the dissident test (dissident wants to use bulletin board software to
publish banned works, ilegally).

 4. If this tool is used while providing a commercial service (e.g. as
 part of a penetration test) the report has to state the tools name and
 version, and additionally the author (van Hauser) and the distribution
 homepage (http://www.thc.org).

 Use restriction. Fails the ode to the goldfish test ;-)

 5. In all other respects the GPL 2.0 applies

 Oh, a nonconsistent license (places additional restrictions on the GPL,
fine for the original author but not for would-be distributors of the work),
thus undistributable.

 DFSG-non-free, IMO.

-- 

   Tarrío
(Compostela)



Re: Forward: Re: On the possibility of changing the license of Adobe CMap files

2004-01-29 Thread Jacobo Tarrio
O Xoves, 29 de Xaneiro de 2004 ás 17:06:06 +0900, Kenshi Muto escribía:

 Do you have any idea to cope with this situation?  Or does anyone come
 up with possible proposal so that Adobe can be persuaded?  I
 appreciate your help.

 They claim that integrity of the CMap files is the main issue. Would it be
possible for them to release an unsupported fork of the CMap files under a
different, more liberal license? In this way the official, supported CMap
files would be unaltered, and there would be a product with a free license
that would likely be equivalent to Adobe's (though with no guarantees).

-- 

   Tarrío
(Compostela)



Re: BSD Protection License

2003-10-23 Thread Jacobo Tarrio
O Xoves, 23 de Outubro de 2003 ás 11:10:13 +0100, Colin Percival escribía:

 1. You may do X
 2. You may do Y
 3. You may do Z
   means you may take any, all, or none, of the actions X,Y,Z; likewise, 
 clauses 2, 3, and 4 each provide alternatives -- you may take actions 
 permitted under any of those clauses.

 But IIRC what your license says is:

1. You can do X, but you must do Y
2. You can do X, but you must do Z

 That is interpreted by me as You can do X but you must do Y and Z.

-- 

   Tarrío
(Compostela)



Re: BSD Protection License

2003-10-23 Thread Jacobo Tarrio
O Xoves, 23 de Outubro de 2003 ás 15:50:38 +, Dylan Thurston escribía:

 clause 3 vs. clause 4 issue: such a license is a grant of permission,
 and if I grant you permission to do X if Y, and also grant permission
 to do X if Z, then if you do either Y or Z, then you can do X.  If one

 Last time I checked, if you wanted to comply with a license, you had to
comply with all of its clauses simultaneously.

 So unless it says explicitly that you must do Y _or_ you must do Z, you
must do Y and Z simultaneously to be in compliance.

-- 

   Tarrío
(Compostela)



Re: There was never a chance of a GFDL compromise

2003-09-25 Thread Jacobo Tarrio
O Luns, 22 de Setembro de 2003 ás 10:57:37 -0400, Richard Stallman escribía:

 Not long ago, people were trying to reassure me that if invariant
 sections were removable, nobody would remove them.  I guess not.

 If they were both removable and modifiable (so not invariant), they would
be DFSG-free and nobody would have any reason to remove them.

 Even if they were removable but not modifiable, they would still not be
DFSG-free, so the only way to get a DFSG-free document would be to have them
removed.

 This reinforces my conclusion that it is essential for these sections
 to be unremovable as well as unmodifiable.

 Well, in that case they'll make the document DFSG-nonfree. If they were
removable and modifiable the document would be DFSG-free (except for the DRM
clause, of course).

 So, to summarize:

 Removable and modifiable - Debian would most certainly carry them
 Removable but unmodifiable   - Debian would remove them
 Unremovable and unmodifiable - Debian would not carry the document at all

-- 

   Tarrío
(Compostela)



Re: A possible GFDL compromise: a proposal

2003-09-12 Thread Jacobo Tarrio
O Venres, 12 de Setembro de 2003 ás 11:44:34 +0200, Mathieu Roy escribía:

 Hum, you mean in the sense of the Debian Free _SOFTWARE_ Guidelines?

 Everything Debian distributes is software. After all, if it weren't, we
wouldn't be able to store it in a FTP server, transmit it via the Internet
or burn it in CDs.

-- 

   Tarrío
(Compostela)



Re: The GPL and you

2003-09-01 Thread Jacobo Tarrio
O Domingo, 31 de Agosto de 2003 ás 13:51:13 -0700, Daniel Isacc Walker escribía:

[...]
 under the GPL . What this means is that my software is automatically GPL'd
 even though it has no GPL'd source in it. The GPL doesn't distinguish
[...]
 incorporated directly into PHP that means that PHP automatically becomes
 GPL'd. Even if I made some kind of external module for PHP, PHP would

 No; that's a common misunderstanding of how the GPL's copyleft works.

 Linking a work with a GPL-licensed work does not make the first work
GPL-licensed. What it really means is that the combination of both works, if
it is distributed, it must be under the terms of both licenses
simultaneously (each work retains its original license, but the
combination...).

 Now, the GPL has a clause that says you may not impose further
restrictions than those imposed by this license (my wording), so if the
other work's license has any restrictions not in the GPL, the resulting
license is internally inconsistent, so per the GPL, you cannot distribute
the resulting work at all.

 Note how I wrote about distribution. Use is no problem, since the GPL
universally allows use (the only restrictions would be those imposed by the
other work's license).

 A common trick which is used to distribute such undistributable combined
works consists in distributing the components separately and leaving to the
user the task of combining them.

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   Tarrío
(Compostela)



Re: A possible GFDL compromise

2003-08-29 Thread Jacobo Tarrio
O Venres, 29 de Agosto de 2003 ás 16:09:57 +0200, Mathieu Roy escribía:

 The DFSG itself does not meet the DFSG itself, if you think that no
 text can be invariant.

 I believe that you can make modified versions of the DFSG, as long as you
do not call the resulting document The Debian Free Software Guidelines or
something similar that might confuse people.

 Can't you?

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   Tarrío
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Re: A possible GFDL compromise

2003-08-29 Thread Jacobo Tarrio
O Venres, 29 de Agosto de 2003 ás 11:17:14 +0200, Mathieu Roy escribía:

 And according to the Debian Social Contract #4, Debian priorities are
 [Debian] users and Free Software.

 And Debian's users expect that everything they find in main will have a
license that meets certain criteria: the DFSG.

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   Tarrío
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Re: A possible GFDL compromise

2003-08-25 Thread Jacobo Tarrio
O Luns, 25 de Agosto de 2003 ás 13:35:21 +0900, Fedor Zuev escribía:

   Documentation in not a software. There is no any one-way
 transformation from the source to the binary. All problems with
 distribution and modification of documents is a legal, not technical
 problems.

 That doesn't matter. To make a derivative of some program, you would
normally need some human-readable source code. To make a derivative of a
manual (for example, a translation or a summary), you only need the text.

   At the very least, if you can read the document, you always,
 technically, can OCR it. An experience shows, that, if you should
 not care about legal requirements (because you has the right from
 license, you OCR public domain or, simply, you do not care about a
 law), it takes no more than 24-48 man\hours to completely OCR a
 large 500-700pages book.  And there always will bee volunteers to do
 that.

 What are you trying to rebute from my clause with it? It is more or less
my reasoning: you can translate the book having only a hardcopy of it. Well,
it is even standard practice. If you want to actually modify it -- well, you
may either OCR it, or you may ask the publisher for a modifiable soft copy
of the book.

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   Tarrío
(Compostela)



Re: A possible GFDL compromise

2003-08-25 Thread Jacobo Tarrio
O Domingo, 24 de Agosto de 2003 ás 19:36:20 -0500, Joe Wreschnig escribía:

 How about the GPL v2? The source code for a work means the preferred
 form of the work for making modifications to it; binary or object code
 is anything that is not source. I don't see the problem in applying this
 standard all software (meaning programs and documentation).

 Anyway, that wasn't my point.

 First: why have to deal with source code or the preferred form for
modification when, for some of the rights the GFDL gives, these things are
not even necessary? For example, to translate a document you don't really
need modifiable source code: you only need to be able to read the original
document.

 Second: the don't use technical measures to limit further copying clause
is difficult because it tries to limit a mechanism, not an intention. What
is someone who uses technnical measures to limit further copying trying to
do? Impede that the recipient of the work redistributes new copies. Well,
then why isn't there a clause saying you must not limit the recipient's
ability to make and distribute new copies of this document?

 Third: if we were to enumerate each and every right in the license, it
would be much longer and more complex (and imagine if we started combining
the rights you must not limit the recipient's ability to make and
distribute new copies of excerpted versions of this document). Thus, a
single, simple clause I proposed: if the format or physical medium this
work is distributed in limits the recipient's ability to exercise the rights
given by this license, access to a copy of this work in a format or physical
medium that allows for the exercise of the rights must be provided.

 That would mean -- if you want to modify it and cannot because you don't use
Word, you have the right to obtain from your distributor a plain text copy.

-- 

   Tarrío
(Compostela)



Re: A possible GFDL compromise

2003-08-25 Thread Jacobo Tarrio
O Luns, 25 de Agosto de 2003 ás 16:23:36 +0300, Richard Braakman escribía:

 But to make a new edition with some spelling errors fixed, you
 definitely need the source.

 Of course.

 (I'm not sure what you're trying to say here.  Are you claiming that
 translations and summaries are all you'll want to do with documentation?)

 No, I was just proposing a way to require source code to be distributed in
a free documentation license, which is (IMO) saner than the one currently in
the GFDL.

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   Tarrío
(Compostela)



Re: A possible GFDL compromise

2003-08-24 Thread Jacobo Tarrio
O Domingo, 24 de Agosto de 2003 ás 16:54:53 -0500, Branden Robinson escribía:

 drawn to the condition You may not use technical measures to obstruct
 or control the reading or further copying of the copies you make or
 distribute.
 If make or were stricken, and perhaps some clarification added to
 ensure that secure transport channels between distributor and
 distributee were not a problem, this particular problem might go away.

 Or if this condition and the transparent format stuff were changed to say
something to the effect to if you distribute this work in a format that
obstructs the exercise of the rights given by this license, you must provide
a way for its recipient to get a full copy of the work in a format that
doesn't obstruct the exercise of these rights.

 With more legalese and other lawyer-y words, I guess :-)

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   Tarrío
(Compostela)



Re: A possible GFDL compromise

2003-08-24 Thread Jacobo Tarrio
O Domingo, 24 de Agosto de 2003 ás 19:36:20 -0500, Joe Wreschnig escribía:

 How about the GPL v2? The source code for a work means the preferred
 form of the work for making modifications to it; binary or object code
 is anything that is not source. I don't see the problem in applying this
 standard all software (meaning programs and documentation).

 Well, that has already been discussed and it is apparently quite
troublesome (if I convert a HTML file into plain text, which is the
preferred form for modification?). My formulation doesn't have that problem:
if you can modify, translate, excerpt, etc., it's ok.

 Well, it has problems of its own: I'd accept no you cannot modify the file
it is distributed in but you can copy'n'paste into a new file and modify it
as fulfilling the requirement, while others might not. Hey, in documents
it's the text what matters: if the text (and illustrations, possibly) is the
same, the document's file format (or physical medium) doesn't really matter,
does it? :-)

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   Tarrío
(Compostela)



Re: SURVEY: Is the GNU FDL a DFSG-free license?

2003-08-21 Thread Jacobo Tarrio
O Xoves, 21 de Agosto de 2003 ás 00:09:54 -0500, Branden Robinson escribía:

 === CUT HERE ===
 
 Part 1. DFSG-freeness of the GNU Free Documentation License 1.2
 
   Please mark with an X the item that most closely approximates your
   opinion.  Mark only one.
 
   [ X ]  The GNU Free Documentation License, version 1.2, as published
  by the Free Software Foundation, is not a license compatible
  with the Debian Free Software Guidelines.  Works under this
  license would require significant additional permission
  statements from the copyright holder(s) for a work under this
  license to be considered Free Software and thus eligible for
  inclusion in the Debian OS.
 
   [   ]  The GNU Free Documentation License, version 1.2, as published
  by the Free Software Foundation, is a license compatible
  with the Debian Free Software Guidelines.  In general, works
  under this license would require no additional permission
  statements from the copyright holder(s) for a work under this
  license to be considered Free Software and thus eligible for
  inclusion in the Debian OS.
 
   [   ]  The GNU Free Documentation License, version 1.2, as published
  by the Free Software Foundation, can be a license compatible
  with the Debian Free Software Guidelines, but only if certain
  restrictions stated in the license are not exercised by the
  copyright holder with respect to a given work.  Works under
  this license will have to be scrutinized on a case-by-case
  basis for us to determine whether the work can be be considered
  Free Software and thus eligible for inclusion in the Debian OS.
 
   [   ]  None of the above statements approximates my opinion.
 
 Part 2. Status of Respondent
 
   Please mark with an X the following item only if it is true.
 
   [ X ]  I am a Debian Developer as described in the Debian
  Constitution as of the date on this survey.
 
 === CUT HERE ===

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   Tarrío
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Re: A possible approach in solving the FDL problem

2003-08-15 Thread Jacobo Tarrio
O Venres, 15 de Agosto de 2003 ás 12:49:21 +0200, Wouter Verhelst escribía:

 we should at the very least avoid confusion by clarifying the intended
 meaning of the word 'software' in the context of the text of the DFSG.

 Well, in that context, software means everything you can store in a CD,
or everything you can transmit through a computer network.

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   Tarrío
(Compostela)



Re: A possible approach in solving the FDL problem

2003-08-14 Thread Jacobo Tarrio
O Xoves, 14 de Agosto de 2003 ás 09:05:04 +0200, Sergey V. Spiridonov escribía:

 That was probably the intention, but the wording makes it unclear.
 Sorry it was quite clear for me.

 The GFDL, as it is worded now, would forbid me sending you a GPG-encrypted
mail containing a GFDL-licensed work, even if you could decrypt it.

 Or would forbid me storing a GFDL-licensed work in my encrypted home
directory.

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   Tarrío
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Re: a minimal copyleft

2003-08-04 Thread Jacobo Tarrio
O Luns,  4 de Agosto de 2003 ás 00:21:59 +0100, Edmund GRIMLEY EVANS escribía:

 (L) Public Property: You may do anything you want with this work
 provided that you inform all recipients that all derived works must
 likewise be Public Property.

 ... with no additional restrictions.

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   Tarrío
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Re: Are c code from www.ioccc.org free?

2002-11-22 Thread Jacobo Tarrio
O Venres, 22 de Novembro de 2002 ás 10:36:20 +0100, Luca - De Whiskey's - De 
Vitis escribía:

 I'm a bit confused by the possible interpretation of All other uses must
 receive prior permission from the contest judges: this sentence neither
 deny all other possible uses, nor it explicitly allows them.

 It does deny all other possible uses, but you can get permission for them.
Just like any other freeware license: it denies you certain rights, but you
can try to get permission from the copyright holder, even if not stated in
the license.

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   Tarrío
(Compostela)



European Directive on the legal protection of databases

2002-11-07 Thread Jacobo Tarrio
 To whom it may concern:

 The following URL displays the text of the Directive, available in all 11
official languages of the EU (so you'll have no problem reading it :-))

http://europa.eu.int/smartapi/cgi/sga_doc?smartapi!celexapi!prod!CELEXnumdoclg=ennumdoc=31996L0009model=guichett

 (All in one line, no spaces)

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   Tarrío
(Compostela)



Re: Debian registered by a trade as TM in Spain!

2002-09-03 Thread Jacobo Tarrio
O Martes,  3 de Setembro de 2002 ás 10:59:45 -0500, Steve Langasek escribía:

 The trademark is shown as registered in class 42:

 After some digging, I found the applications: M2321780, M2321781, M2321782.

 All three were submitted within one minute, by the same person. The first
one claims the trademark Debian, in category 38 SERVICIOS DE
TELECOMUNICACIONES. The second, claims Debian, in category 41 SERVICIOS
DE EDUCACION Y ESPARCIMIENTO. The third one claims Debian, in category
42 SERVICIOS DE PROGRAMACION PARA ORDENADORES.

 If someone wants the Spanish PTO's database query results, I'll be glad to
send them to that someone :-)

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   Tarrío
(Compostela)