Re: Contracts and licenses

2004-07-12 Thread Nathanael Nerode
batist wrote: snip It's a bit like the contract of a gift. The only consideration in a gift is on the side of the party imposing the contract. And don't worry, gifts are entirely legal in civil law. Perhaps the correct statement is that free licenses must be gifts? :-) This corresponds

Re: CeCILL license : Free Software License for french research

2004-07-12 Thread Nathanael Nerode
Lucas Nussbaum wrote: On Tue, Jul 06, 2004 at 11:24:29PM +0200, Florian Weimer [EMAIL PROTECTED] wrote: * Lucas Nussbaum: IANAL, but the license[4] look quite ok for me, even if the part about GPL compatibility seems a bit unclear. It looks like a fallback close similar to the LGPL.

Re: GPL-compatible, copyleft documentation license

2004-07-14 Thread Nathanael Nerode
Florian Weimer wrote: * MJ Ray: On 2004-07-12 14:42:39 +0100 Florian Weimer [EMAIL PROTECTED] wrote: I fail to see how this clause is troublesome. What's wrong with removing the names of authors upon request, as long as it practicable? Consider the author's name outside any

Re: Choice of venue, was: GUADEC report

2004-07-14 Thread Nathanael Nerode
posted mailed [EMAIL PROTECTED] wrote: Edmund GRIMLEY EVANS [EMAIL PROTECTED] wrote: If you can show that a particular choice of venue clause has a particular problem because of a particular combination of laws or legal procedures, then that might be an argument for it not being DFSG-free.

Re: DRAFT: debian-legal summary of the QPL

2004-07-14 Thread Nathanael Nerode
Matthew Garrett wrote: Right, that's basically my point. There's plenty of grey fuzziness here, and the QPL falls within it. debian-legal have produced some tests in an attempt to clarify which bits of the grey fuzziness are free or not, but they're effectively arbitrary - they haven't been

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

2004-07-14 Thread Nathanael Nerode
Sean Kellogg wrote: On Monday 12 July 2004 11:45 am, Don Armstrong wrote: While the imagery of a computer programmer sitting on a lonely desert isle hacking away with their solar powered computer, drinking coconuts, and recieving messages in bottles might be silly, the rights that such a

Re: DRAFT: debian-legal summary of the QPL

2004-07-14 Thread Nathanael Nerode
Matthew Garrett wrote: snip A hostile government can also declare that the subversive code can not be distributed because it says so; that's not the point of that test. Please see http://people.debian.org/~bap/dfsg-faq.html, 9 A(a). Did you mean 9A(b)? Any requirement for sending source

Re: DRAFT: debian-legal summary of the QPL

2004-07-14 Thread Nathanael Nerode
[EMAIL PROTECTED] wrote: Hello, I just heard about this tentative to make the QPL non-free, and i am a bit worried that this will come to be decided without me being aware of it, since i do maintain a package which is partly under the QPL, the ocaml package. And i wonder if it will come to

Fwd: Re: handling Mozilla with kid gloves [was: GUADEC report]

2004-07-15 Thread Nathanael Nerode
,--- Forwarded message (begin) Subject: Re: handling Mozilla with kid gloves [was: GUADEC report] From: Nathanael Nerode [EMAIL PROTECTED] Date: Thu, 15 Jul 2004 02:08:12 -0400 Newsgroup: gmane.linux.debian.devel.project,gmane.linux.debian.devel.legal Colin Watson wrote

Re: RE-PROPOSED: The Dictator Test

2004-07-15 Thread Nathanael Nerode
Florian Weimer wrote: The main idea behind some patent clauses is to make the copyright license conditional on some behavior with respect to patents. Such as not claiming in a lawsuit that the work infringes a patent? :-) Well, in that case, there are two possibilities: (1) The work doesn't

Re: Free Debian logos? [was: Re: GUADEC report]

2004-07-15 Thread Nathanael Nerode
MJ Ray wrote: I suspect a first step is to split the licences into copyright and trademark sections if possible. That's not necessarily necessary if it's a very permissive license and is written very carefully, but it is probably a good idea. I assume this needs to be a US law copyright

Re: RE-PROPOSED: The Dictator Test

2004-07-15 Thread Nathanael Nerode
Raul Miller wrote: On Wed, Jul 07, 2004 at 05:04:33AM -0500, Branden Robinson wrote: The Dictator Test: A licence is not Free if it prohibits actions which, in the absence of acceptance of the licence, would be allowed by copyright or other applicable laws. License grantors do

Re: historical question about fceu in contrib

2004-07-15 Thread Nathanael Nerode
Josh Triplett wrote: Nathanael Nerode wrote: Evan Prodromou wrote: Like, we wouldn't let a new word-processor into main without at least one Free document in the word processor's format, Except that in this case, new documents could be created with the word processor, so it would work

Re: Bug#259236: ITP: musicxml -- XML DTD and stylesheets for MusicXML

2004-07-15 Thread Nathanael Nerode
Glenn Maynard wrote: On Wed, Jul 14, 2004 at 10:31:06AM +0200, Roland Stigge wrote: On Wed, 2004-07-14 at 10:11, Branden Robinson wrote: * Package name: musicxml * URL : http://musicxml.org/dtds/ * License : MusicXML Document Type Definition Public License

Re: Clarification of redistribution

2004-07-15 Thread Nathanael Nerode
Mike Olson wrote: I've got a follow-up question for the Debian readership on the list: What documentation licenses do you know of that are DFSG-free? GPL, 2-clause BSD, MIT/X11. (We have high hopes that CC-by will be amended to be so but it isn't now.) How do you guys think about marks, and

Re: Bug#227159: ocaml: Worse, the QPL is not DFSG-free

2004-07-15 Thread Nathanael Nerode
Walter Landry wrote: There is no official mouthpiece of debian-legal. However, I would say that the consensus on debian-legal is that the QPL is not DFSG-free. The choice of venue and the send changes back clauses are both problematic. We do think it doesn't have *that* many problems. :-)

Re: non-free license check: skype

2004-07-15 Thread Nathanael Nerode
Florian Weimer wrote: * Øystein Gisnås: I just wanted to consult you experts before I post an ITP on this package. As far as I can see, the license (attached) holds for the non-free section. This is from their web site: | (b) You are allowed to redistribute the Software, under the

Re: DRAFT: debian-legal summary of the QPL

2004-07-15 Thread Nathanael Nerode
Mahesh T. Pai wrote: Matthew Garrett said on Mon, Jul 12, 2004 at 11:02:34AM +0100,: Nathaneal Nerode wrote: If the user is really doing stuff privately -- just for himself! -- and happens to talk about it, he certainly shouldn't be forced to distribute it before he's ready!

Re: Choice of venue, was: GUADEC report

2004-07-15 Thread Nathanael Nerode
Raul Miller wrote: On 2004-07-14 18:36:52 +0100 Raul Miller [EMAIL PROTECTED] wrote: I wonder what happens when two copyrighted works are in question, where the parties involved each claim that their work has copyright and the other does not, and both have choice of law and/or choice of

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

2004-07-15 Thread Nathanael Nerode
Andreas Barth wrote: That's not true. It's just the other way, the Berne Convention is a typical civil law construct. And a disastrous mistake, but never mind that! -- There are none so blind as those who will not see.

Re: DRAFT: debian-legal summary of the QPL

2004-07-15 Thread Nathanael Nerode
Matthew Garrett wrote: The restriction in the GPL takes away *my* right to not have to share modifications; Actually, it doesn't, but you know that. the restriction in the QPL prevents me taking away the rights of the copyright holder to see my modifications. What right? :-) -- There are

Re: DRAFT: debian-legal summary of the QPL

2004-07-15 Thread Nathanael Nerode
Matthew Garrett wrote: Debian-legal is the place where one interpretation is given. Many interpretations. Those who actually end up making the decisions RM Anthony Towns, who has espoused interpretations which literally *nobody* agreed with, and FTPmaster James Troup, who never makes any

Re: DRAFT: debian-legal summary of the QPL

2004-07-15 Thread Nathanael Nerode
Matthew Garrett wrote: Would you argue that a requirement to send modifications upstream that are not distributed at all would be Free? If not, then why should that change if you distribute the software privately to one other person? No, since undistributed modification is protected by fair

Re: DRAFT: debian-legal summary of the QPL

2004-07-15 Thread Nathanael Nerode
Matthew Garrett wrote: Nathanael Nerode [EMAIL PROTECTED] wrote: The theory here is quite simple. You must not be forced to distribute to anyone who you aren't already distributing to. Perhaps the dissident is distributing, morally and comfortably, through a secure underground network

Re: Choice of venue, was: GUADEC report

2004-07-15 Thread Nathanael Nerode
Matthew Garrett wrote: ...again the practical outcome to our users is the same - they suddenly discover that they have no right to distribute the software they have. Why do we wish to ensure that they have a freedom that can be revoked at any time anyway? What practical benefit does this

Re: request-tracker3: licence problem

2004-07-15 Thread Nathanael Nerode
Andrew Stribblehill wrote: The new version: | By intentionally submitting any modifications, corrections or | derivatives to this work, or any other work intended for use with | Request Tracker, to Best Practical Solutions, LLC, you confirm that you | are the copyright holder for those

Re: Termination clauses, was: Choice of venue

2004-07-15 Thread Nathanael Nerode
Matthew Garrett wrote: At the point where the termination clause is used, the software is obviously non-free. I'd argue that this is directly analagous to the way we deal with patents. Almost all software we ship has the sword of patent suits hanging over its head, and could become non-free

Re: DRAFT: debian-legal summary of the QPL

2004-07-15 Thread Nathanael Nerode
Matthew Garrett wrote: Glenn Maynard [EMAIL PROTECTED] wrote: snip Send it to a third party and reveal your identity are just as readily read as non-free from DFSG#1 as pet a cat and distribution only on CD. If the former can't be considered non-free from DFSG#1, then I don't think the latter

Re: Bug#227159: ocaml: Worse, the QPL is not DFSG-free

2004-07-15 Thread Nathanael Nerode
Sven Luther wrote: On Wed, Jul 14, 2004 at 09:27:07PM -0400, Walter Landry wrote: Sven Luther [EMAIL PROTECTED] wrote: Hello debian-legal. I don't know why, but Brian has been bothering me about claiming the QPL is non-free. I agree with the emacs thing, and am working on a solution

Re: Choice of venue, was: GUADEC report

2004-07-15 Thread Nathanael Nerode
Florian Weimer wrote: snip We can't do anything about that reliably, even if there isn't a choice of venue clause. The licensor might just look for a court that views itself responsible, with suitable rules. The licensee can reply by mail that the venue is inappropriate. Now, some courts do

Re: Proposal: changes to summary guidelines

2004-07-15 Thread Nathanael Nerode
MJ Ray wrote: Jeremy Hankins proposed guidelines for writing summaries in http://lists.debian.org/debian-legal/2004/03/msg00227.html Following discussion on this list after recent unpleasantness, I would like to propose replacing them with: 1) Draft summaries should be marked clearly and

Re: Choice of venue, was: GUADEC report

2004-07-15 Thread Nathanael Nerode
Edmund GRIMLEY EVANS wrote: MJ Ray [EMAIL PROTECTED]: 1. someone can explain why choice of venue can be DFSG-free; How is it not, exactly? It does not limit, in any way, your rights to use, modify or distribute the software. As I understand it, it limits all those rights by allowing the

Re: request-tracker3: licence problem

2004-07-15 Thread Nathanael Nerode
Glenn Maynard wrote: By replying to any messages in this thread, you agree to order me a pizza. So, what's your address and what's your local pizza place? ;-) The above is merely a false statement. (Sorry, couldn't resist.) -- There are none so blind as those who will not see.

Re: Contracts and licenses

2004-07-15 Thread Nathanael Nerode
posted mailed [EMAIL PROTECTED] wrote: Nathanael Nerode [EMAIL PROTECTED] wrote: This should be considered as a restriction on the grant of rights to distribute the program. If you had rights to distribute the program binary-only for other reasons separate from the license (say

Re: Bug#227159: ocaml: Worse, the QPL is not DFSG-free

2004-07-15 Thread Nathanael Nerode
MJ Ray wrote: In general, I don't think this ocaml bug should be pursued until general issues have been settled (or comprehensively fail to reach anything like consensus in reasonable time) for libcwd, which came here more recently. Is it proper for any packager of a QPL'd work currently in

Re: DRAFT: debian-legal summary of the QPL

2004-07-15 Thread Nathanael Nerode
Matthew Garrett wrote: Nathanael Nerode [EMAIL PROTECTED] wrote: Matthew Garrett wrote: Until that's done, there's no intrinsic reason for debian-legal's idea about the location of the line to be better than anyone else's opinion. We've thought about it and discussed it; they haven't

Re: Choice of venue, was: GUADEC report

2004-07-15 Thread Nathanael Nerode
Matthew Garrett wrote: I'd rather go with a similar policy to where we stand with patents. If a license termination clause isn't being actively enforced, and there's no good reason to suspect that it will be in future, we should accept it as free. I would assume that if a licensor put such a

Re: Visualboy Advance question.

2004-07-15 Thread Nathanael Nerode
Glenn Maynard wrote: On Mon, Jul 12, 2004 at 01:46:08AM -0400, Nathanael Nerode wrote: Does Debian main contain any MP3s? If not, would you like to see MP3 players removed from Debian main? Debian main does contain MP3 recorders. I think that is quite sufficient to render MP3 players

Re: Free Debian logos? [was: Re: GUADEC report]

2004-07-15 Thread Nathanael Nerode
Josh Triplett wrote: Nathanael Nerode wrote: Here's my model no-nonsense license (for the Open Use logo; I'm not going to worry about the other one). Copyright license: You may copy, distribute, modify, and distribute modified versions of this logo. Good idea to make distribute

Re: DRAFT: debian-legal summary of the QPL

2004-07-15 Thread Nathanael Nerode
Steve McIntyre wrote: Nathaneal Nerode writes: Matthew Garrett wrote: Debian-legal is the place where one interpretation is given. Many interpretations. Those who actually end up making the decisions RM Anthony Towns, who has espoused interpretations which literally *nobody* agreed with,

Re: DRAFT: debian-legal summary of the QPL

2004-07-15 Thread Nathanael Nerode
Matthew Garrett wrote: You could look at it that way. On the other hand, if I release my GPLed code under 3(b) then anyone who receives it can pass on the offer I gave them (under 3(c)). I am then obliged to pass on my modifications directly to people who I never provided binaries to. Is

Re: RE-PROPOSED: The Dictator Test

2004-07-17 Thread Nathanael Nerode
[EMAIL PROTECTED] wrote: [Personally, I think all of our tests should be explicitly tied to some practical concern so we have some basis for reasoning when unanticipated situations arise.] This is really about freedoms. You don't want to *lose* freedoms (the right to criticize the author, sue

Re: Choice of venue, was: GUADEC report

2004-07-17 Thread Nathanael Nerode
Sam Hartman wrote: Nathanael == Nathanael Nerode [EMAIL PROTECTED] writes: Nathanael Matthew Garrett wrote: I'd rather go with a similar policy to where we stand with patents. If a license termination clause isn't being actively enforced, and there's no good reason

Re: Help about texture inclueded in stellarium

2004-07-17 Thread Nathanael Nerode
I'm going to deal with these one at a time, to avoid really long messages. * The Earth texture was created by NASA using data from the MODIS instrument aboard the Terra satellite.? Further information is available from

Re: Help about texture inclueded in stellarium

2004-07-17 Thread Nathanael Nerode
* All other planet maps from David Seal's site: http://maps.jpl.nasa.gov/ License for these is at http://www.jpl.nasa.gov/images/policy/index.cfm, and here it is: --- Unless otherwise noted, images and video on JPL public web sites (public sites ending with a jpl.nasa.gov address)

Re: Help about texture inclueded in stellarium

2004-07-17 Thread Nathanael Nerode
Well, I did the rest in one message since the comments were short. * Mars texture map is from James Hastings-Trew's collection. Is there any information known about the origin of this? That's really necessary before you can legally distribute it. If James Hastings-Trew took the pictures, a

Re: Help about texture inclueded in stellarium

2004-07-17 Thread Nathanael Nerode
Correction. :-) * M31, Orion and the Pleiades pictures come from Herm Perez : http://home.att.net/~hermperez/default.htm Just found this on the web page: Feel free to use these images, if you use them in a commercial setting please attribute the source. That's the

Re: Re: Free Debian logos? [was: Re: GUADEC report]

2004-07-17 Thread Nathanael Nerode
No, you stated it fine. A Free logo would be usable unmodified as the logo for another project or website. That would probably cause confusion with Debian, but it is a legitimate use for a Free logo. We have accepted must-change-name clauses (which are worse) in the past based on the reasoning

Re: Re: Help about texture inclueded in stellarium

2004-07-20 Thread Nathanael Nerode
While a work may be in the public domain in the U.S., it may be under copyright elsewhere. So, e.g., while works by the U.S. government may be public domain in the U.S., they may remain under copyright in other countries. Damn. Did some more research, and you appear to be correct with respect

Re: Re: Please pass judgement on X-Oz licence: free or nay?

2004-08-02 Thread Nathanael Nerode
So, what happened is that we have autoconfig code available to us under the XFree86 1.0 (3-clause BSD) licence, which is DFSG-free; this is the same code that's currently in the X.Org tree, which appeared to form the core of Nathaniel's concerns. That's Nathan*a*el. :-) Looks good. I was,

Re: RPSL and DFSG-compliance - choice of venue

2004-08-02 Thread Nathanael Nerode
: Edmund Evans, Steve Langasek, Andrew Suffield, Brian Sniffen, Evan Prodromou, Branden Robinson, Josh Triplett, Michael Poole, MJ Ray, Nathanael Nerode, Henning Makholm, Raul Miller, Matthew Palmer, Walter Landry, and myself. Actually, Matthew Garrett convinced me that choice of venue could be DFSG

Re: Re: Please pass judgement on X-Oz licence: free or nay?

2004-08-09 Thread Nathanael Nerode
Joe Wreschnig wrote in http://lists.debian.org/debian-legal/2004/08/msg00200.html: I guess I'm also convinced that just because it's not numbered like it is in the BSD license, doesn't make it not a clause. That is, the X license says Permission is hereby granted... subject to the following

Conditions vs. (possibly inaccurate) notices (was Re: Please pass judgement on X-Oz licence: free or nay?

2004-08-10 Thread Nathanael Nerode
Matthew Garrett wrote: The wording of the clause is identical. Are you claiming that the differing location of it in the license alters the situations that it applies to? Absolutely. In the X11 license: Permission is hereby granted provided that... and that... appear in supporting

Re: Bug#248853: 3270: 5250 emulation code, all rights reserved

2004-08-10 Thread Nathanael Nerode
In case anyone was wondering, this is far from cleared up. :-( Ahh, the horror continues. I would be happy to remove all of the Minolta-copyrighted code. Perhaps the best choice. Beat Rubischon has sent a nice message apparently granting permission to use his code under any license as long

Re: Re: Conditions vs. (possibly inaccurate) notices (was Re: Pleasepass judgement on X-Oz licence: free or nay?

2004-08-10 Thread Nathanael Nerode
Joe Wreschnig wrote: The X license also says permission is granted subject to the following conditions (note the plural); What X license are you reading? I'm reading http://www.x.org/Downloads_terms.html -- and it simply doesn't say anything of the sort. Are we perhaps talking about

Re: Please pass judgement on X-Oz licence: free or nay?

2004-08-10 Thread Nathanael Nerode
Joe Wreschnig wrote: 1. I'm on the list. Please don't Cc me. All right. 2. Don't break threads. This is temporarily unavoidable. When I get back to a decent machine On Mon, 2004-08-09 at 22:36, Nathanael Nerode wrote: Pay more attention. :-) The warranty disclaimer is not a condition

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

2004-08-12 Thread Nathanael Nerode
Sven Luther wrote: Hello, Ok, find attached the new ocaml licence proposal, which will go into the ocaml 3.08.1 release, which is scheduled for inclusion in sarge. As said previously, it fixes the clause of venue problem, and the clause QPL 6c problem. Excellent. FYI, I think this is

Re: Netatalk and OpenSSL licencing

2004-08-12 Thread Nathanael Nerode
Glenn Maynard wrote: In practice, there are some implicit boundaries that are generally agreed on in practice; for example, the kernel tends to act as a magic licensing firewall, such that GPL code isn't linked against the kernel or to other, unrelated processes. (I can't offer a legal

Re: NEW ocaml licence proposal by upstream, will be part of the3.08.1 release going into sarge.

2004-08-14 Thread Nathanael Nerode
BTS wrote: 3. Distribute them to the initial developer under the same license -- that is, without letting him distribute changes to my patches (such as the application of them to the mainline source) except as further patches. Ah, the devil's in the details. See, I was wondering whether

Re: [opal@debian.org: Re: Accepted mmake 2.2.1-4 (all source)]

2004-08-20 Thread Nathanael Nerode
Thomas Bushnell wrote: In the old version, he did so in the file LICENSE, but that is technically not enough--you must do so in such a way that identifies *which files* are being licensed. The normal way is to put the license statement in every file; but he could also list the files in

Re: Open Use logo licensing

2004-08-20 Thread Nathanael Nerode
Freek Dijkstra wrote: I'm not sure which project Bruce refers to when he talks about the project leader here. I assume the Debian project. Apparently. SPI will change the licence if the Debian project tells them to. Debian-legal: should Martin Michlmayr, the DPL, be asked to change the

More non-free stuff getting into main?

2004-08-20 Thread Nathanael Nerode
shermans-aquarium: The fish images are taken from a freeware windows screen saver by Jim Toomey.(www.slagoon.com)... ...So the fish images are copyrighted by Jim Toomey, and released in his screensaver as freeware. But he didn't give me permission to use his graphics, but neither did he tell me

...aaaaand kaquarium

2004-08-20 Thread Nathanael Nerode
Kaquarium appears to contain graphics from shermans-aquarium, but without the copyright notices Plus upstream doesn't have any statement saying that it's under the GPL. (Neither does kfish, by the same upstream.) Clearly the ftpmasters don't have time to check whether NEW packages are

Answer Re: Does the GPL version choice impact GPL-compatibility?

2004-08-28 Thread Nathanael Nerode
Glenn Maynard asked: Is it valid to combine GPL work placed under GPL version 2 with one under GPL version 2 or any later version? That is, do versioning choices impact compatibility (when the versions overlap)? Are all future modifications bound to give the same permission to upgrade the GPL?

Re: miboot floppies and non-free apple boot sector.

2004-08-28 Thread Nathanael Nerode
Sven Luther asked: BTW, what about an upload of miboot to non-free ? What would be needed for that ? A simple permission from apple ? Permission for Debian and its mirror network to distribute the boot sector. That's all that would be needed for non-free. -- Regarding clearn-room

Re: Answer Re: Does the GPL version choice impact GPL-compatibility?

2004-08-28 Thread Nathanael Nerode
Glenn Maynard wrote: You're replying to my forwarding of the official answer, repeating the answer as if it wasn't there. I can't imagine why, though I'm a little wary at the moment for a Nerode-flood of thirty such useless replies at once ... Reading list mail *way* behind, sorry. I was

Re: GPL Compatibility of IFRIT License

2004-08-30 Thread Nathanael Nerode
Mark Hymers wrote: A wdiff between this and the VTK license shows that just the names of the contributors have been changed (as you'd expect). It appears to be a modified BSD license (i.e. without advertising clause) with one extra clause: * Modified source versions must be plainly marked

Re: Re: most liberal license

2004-09-18 Thread Nathanael Nerode
this helps, --Nathanael Nerode

Re: Open Software License v2.1

2004-09-21 Thread Nathanael Nerode
Matthew Wilcox wrote: I'd like to start by thanking Jeremy Hankins for his summary of debian-legal's objections to the Open Software License v2.0 in http://lists.debian.org/debian-legal/2004/05/msg00118.html Version 2.1 is upon us. It can be found at

Re: Open Software License v2.1

2004-09-21 Thread Nathanael Nerode
Andrew Suffield wrote: On Mon, Sep 13, 2004 at 04:15:59PM -0400, Glenn Maynard wrote: On Mon, Sep 13, 2004 at 12:24:31PM +0100, Andrew Suffield wrote: On Sun, Sep 12, 2004 at 10:39:39PM -0400, Glenn Maynard wrote: I'm not sure that this clause necessarily passes the DFSG, but it's clear

Re: Open Software License v2.1

2004-09-21 Thread Nathanael Nerode
Andrew Suffield wrote: On Sun, Sep 12, 2004 at 01:48:31PM -0400, Glenn Maynard wrote: On Sun, Sep 12, 2004 at 05:25:52PM +0100, Andrew Suffield wrote: On Sun, Sep 12, 2004 at 02:46:17PM +0100, Matthew Wilcox wrote: I believe the change to section 10 of the licence is sufficient to

Re: Open Software License v2.1

2004-09-21 Thread Nathanael Nerode
Andrew Suffield wrote: Terminating licenses (copyright, patent, trademark, dog-humping, or whatever else might interfere with distribution/modification/use) for any reason other than non-compliance is a bit of legal insanity to get contract-like provisions into a license. These provisions

Re: Open Software License v2.1

2004-09-21 Thread Nathanael Nerode
Brian Thomas Sniffen wrote: No. The GPL terminates only for non-compliance, and places no restrictions beyond those imposed by law. That's free. Attempts to bargain in a license, to say I'll give you a license to this stuff, but only if you give me a license to stuff you already own are

Re: Open Software License v2.1

2004-09-21 Thread Nathanael Nerode
Ken Arromdee wrote: On Wed, 15 Sep 2004, Matthew Garrett wrote: An elementary point of Free Software is to protect the rights of the users, not excluding bad ones. (Or will GPL3 have a section termination the licence if you breach any FSF copyright?) forfeits the right to distribute the

Re: Open Software License v2.1

2004-09-21 Thread Nathanael Nerode
Brian Thomas Sniffen wrote: Josh Triplett [EMAIL PROTECTED] writes: snip Furthermore, if you *sue claiming that the work infringes your patent*, I see absolutely no reason why you should have any rights to the work, since you are trying to eliminate the rights of others to the work. I can

Re: Open Software License v2.1

2004-09-21 Thread Nathanael Nerode
Brian Thomas Sniffen wrote: So there are some legitimate patents, though they're probably a minority.  But that means that those people do have a legitimate recourse to the courts to enforce their intellectual capital grants. And a license which compels them to surrender that recourse is no

Re: Open Software License v2.1

2004-09-21 Thread Nathanael Nerode
Brian Thomas Sniffen wrote: Brian Thomas Sniffen [EMAIL PROTECTED] writes: For example, imagine a license which said any attempt to sue over Oops, left part out. This should say something like: Imagine a license which is just like the patent-terminating-copyright license in question,

Re: Open Software License v2.1

2004-09-21 Thread Nathanael Nerode
Andrew Suffield wrote: Distribution of binaries without source is intrinsically bad for free software. Distributing source with binaries is not appreciably difficult or limiting; this requirement is trivially accomplished without any real cost. Lawsuits are not intrinsically bad for free

Re: Open Software License v2.1

2004-09-21 Thread Nathanael Nerode
Andrew Suffield wrote: On Sun, Sep 19, 2004 at 04:03:18PM +0100, Matthew Garrett wrote: Lawsuits are not intrinsically bad for free software. Prohibiting lawsuits is significantly limiting and imposes real, significant costs. It's fairly obvious that a requirement that you not sue the

Re: Open Software License v2.1

2004-09-21 Thread Nathanael Nerode
Glenn Maynard wrote: Now, there's a practical issue: the copyright holder may change, so the copyright holder isn't the original licensor--if I buy the copyright for the work, the existing licensees aren't going to suddenly get a license to *my* patents, as well. (I don't presently agree with

Re: Open Software License v2.1

2004-09-21 Thread Nathanael Nerode
Anthony DeRobertis wrote: 3) Grant of Source Code License. The term Source Code means the preferred form of the Original Work for making modifications to it and all available documentation describing how to modify the Original Work. non-free: all available documentation seems to contaminate

Re: Problem with licence of Portaudio

2004-09-21 Thread Nathanael Nerode
Mikael Magnusson wrote: Hi I'm packaging portaudio (ITP #269925), and have been informed by Junichi Uekawa that there might be a problem with the license. It's basically a BSD license with the following additional clause: Any person wishing to distribute modifications to the Software is

Re: Patent clauses in licenses

2004-09-21 Thread Nathanael Nerode
Michael Poole wrote: Loss of patent license means the user cannot use the software. Loss of copyright license (at least in the USA) only removes the license of a user to modify or copy the software further. I do not see how the former is narrower than the latter, I suppose you could copy

Re: Bug#265352: grub: Debian splash images for Grub

2004-09-21 Thread Nathanael Nerode
Josh Triplett wrote: Both of these licenses seem clearly non-free to me, since they restrict the uses of unmodified or insufficiently different versions. Only to the extent of prohibiting misrepresentation of other works, projects, and organizations as belonging to/being endorsed by/being part

Re: Free Art License

2004-09-21 Thread Nathanael Nerode
First, anyone analyzing this license should note that many of the odder-sounding provisions in this license are related to physical artworks (Originals) where modification may actually change the original. It appears that the right to copy, create modified copies, and distribute copies (modified

Re: Free Art License

2004-09-21 Thread Nathanael Nerode
Josh Triplett wrote: 7. Sub-licensing Sub-licenses are not authorized by the present license. Any person who wishes to make use of the rights that it confers will be directly bound to the author of the original work. This is the oddity referred to above. First of all, based on the

Re: MTL license

2004-09-21 Thread Nathanael Nerode
Glenn Maynard wrote: On Mon, Sep 13, 2004 at 09:00:09PM -0400, Faheem Mitha wrote: BTW, what does `another unfortunate example of license NIH' refer to? not invented here; people writing their own licenses, or modifying them, instead of using existing, well-understood licenses. It's a

Re: Free Art License

2004-09-21 Thread Nathanael Nerode
Ingo Ruhnke wrote: I don't think so, undocumented source there is still a good chance to make modification, sure it might be more difficult, but I still have everything that I need to produce the binary. With the image however I only have the 'binary', I don't have any 'source' information

Re: GPL-licensed packages with depend-chain to OpenSSL

2004-09-21 Thread Nathanael Nerode
Raul Miller wrote: On Sep 9, 2004, at 23:36, Glenn Maynard wrote: The GPL requires that all derived works be entirely available under the terms of the GPL. On Fri, Sep 10, 2004 at 08:35:59AM -0400, Anthony DeRobertis wrote: Yes, but OpenSSL wouldn't be a derived work of the GPL program

Re: MTL license

2004-09-21 Thread Nathanael Nerode
Glenn Maynard wrote: Choice of law is considered DFSG-free, which binds the license to the law of one place. ...provided that place's law isn't known to cause the license to have a non-free legal interpretation when it would otherwise be interpreted to be free (of course)... That isn't the

Re: MTL license

2004-09-21 Thread Nathanael Nerode
Brian M Hunt wrote: Or perhaps more succinctly, whether or not the cost of legally enforceable dispute resolution is a suitable restriction on DFSG to prevent a license from reflecting free software. Yes, insofar as the law is the only thing enforcing the licenses. :-P -- This space

Re: GPL-licensed packages with depend-chain to OpenSSL

2004-09-21 Thread Nathanael Nerode
Raul Miller wrote: On Tue, Sep 21, 2004 at 04:32:17PM -0400, Nathanael Nerode wrote: Well, then the question is, is that combined program a derived work of the GPLed program? If it consists of two pieces: the GPLed program and the OpenSSL library -- and each exists and is fully functional

Re: Open Software License v2.1

2004-09-22 Thread Nathanael Nerode
MJ Ray wrote: On 2004-09-21 23:16:47 +0100 Josh Triplett [EMAIL PROTECTED] wrote: For what it's worth, I agree entirely. No software patent is legitimate, and clauses stating that you can't continue to use a piece of Free Software while claiming that software infringes your patent are

Re: Open Software License v2.1

2004-09-22 Thread Nathanael Nerode
Glenn Maynard wrote: Ick. A, B, C, X, VD, MSC, π. I find these hypotheticals to be a lot easier to parse and process if I give these people names and use actual projects to put things in perspective with one another ... On Tue, Sep 21, 2004 at 03:08:04PM -0400, Nathanael Nerode wrote

Re: Open Software License v2.1

2004-09-22 Thread Nathanael Nerode
Glenn Maynard wrote: (Unrequested CC sent; it just seems like a good idea when sending mails concerning possible MUA problems ...) On Tue, Sep 21, 2004 at 01:16:51PM -0400, Nathanael Nerode wrote: You haven't been reading my postings? I doubt anyone is reading all of your postings, due

Re: Nathanael - your mail is broken [MAILER-DAEMON@zewt.org: Undelivered Mail Returned to Sender]

2004-09-22 Thread Nathanael Nerode
Glenn Maynard wrote: Nathanael, my CC to you bounced, because your ISP is using a bullshit spam filter. I'm only forwarding this to make sure that you're aware that you're losing legitimate mail because of it. Yes, I'm in the process of getting a new account. -- This space intentionally

Re: Bug#265352: grub: Debian splash images for Grub

2004-09-22 Thread Nathanael Nerode
Josh Triplett wrote: First of all, even if it is the case that we can't offer a DFSG-free license for the logo without allowing it to become diluted, then that does not exempt it from being DFSG-free. I believe the suggested licenses were very clearly non-DFSG-free. Second, I'm not

Re: GFDL and Debian Logo

2004-09-22 Thread Nathanael Nerode
Edmund GRIMLEY EVANS wrote: Perhaps I'm being thick here, but what legal difference does the language make? Doesn't the German Wikipedia use the same licence as the English Wikipedia, and aren't they both accessible in Germany? Hosting location and intended audience, I assume. Being

Re: Bug#265352: grub: Debian splash images for Grub

2004-09-22 Thread Nathanael Nerode
Josh Triplett wrote: Nathanael Nerode wrote: Josh Triplett wrote: Both of these licenses seem clearly non-free to me, since they restrict the uses of unmodified or insufficiently different versions. Only to the extent of prohibiting misrepresentation of other works, projects

Re: Clarifying non-free parts of the GNU FDL

2004-09-22 Thread Nathanael Nerode
Roger Leigh wrote: During discussion with gimp-print upstream about the potential problems with the GNU FDL and the possibility of relicensing it, a number of issues have cropped up, which I'd be grateful if you could assist with. I have pointed to Manoj's draft position statement as a

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