Re: License question about sf2 soundfont in Tuxguitar

2023-01-14 Thread Roberto
>From my personal experience of 15+ years contacting with authors of thousands
of "free" sound fonts: they are usually composed of sounds taken from random
places, and nobody really knows who made them or what their license are. Many
of them take samples from other "free" sound fonts, and chain gets larger and
larger so the true origin is difficult to trace. The assemblers of the sound
fonts just assume that, if they can't find a copyright notice attached to the
samples, they must be in the public domain. And most likely they are not. Even
if they were originally released under a permissive license, the license and
authors should be maintained as a minimum. Of course, there are exceptions of
sound font assemblers who correctly document their sources and licenses of each
individual sample, but that's a lot of work, and most common case is just to
ignore everything and assume that it will be fine. It's the true and sad state
of most free sound sample libraries out there.



Re: Questions about spacet cadet reverse engineering

2023-01-02 Thread Roberto A. Foglietta
On Mon, 2 Jan 2023 at 08:36, Stephan Verbücheln  wrote:
>
> They clearly state that they decompiled binaries from Windows XP. This
> means it is a /fork/ and *not* a /clone/.
>
> Since I have not heard that Microsoft has put a permissive license on
> those binaries, I would expect that the restrictions of the original
> binary apply.
>

It may be worth asking Microsoft to release that software with an
open-source license or at least the binaries with a permissive license
that allows redistributing those files to the reversed-engineered
compiled binary to use them. After all, they did not distribute with
Windows anymore, so their profit over that software is currently zero
and they have nothing to lose about it.

Best regards, R-



Re: GeForce nvidia driver license for commerical use?

2022-10-03 Thread Roberto A. Foglietta
Il giorno lun 3 ott 2022 alle ore 21:50 Simon McVittie  ha
scritto:
>
> On Mon, 03 Oct 2022 at 21:12:50 +0200, Roberto A. Foglietta wrote:
> > Are you referring to the special permission given by e-mail by Donald
Randall
> > in 2003?
>
> I think you're misreading the copyright file. Randall Donald is a Debian
> contributor who asked Nvidia for permission to redistribute their driver,
> and got a reply (which is quoted in the copyright file) from someone
> named Andy.
>

Thanks Simon for this clarification but it is not enough yet and I will
quickly explain to you why.

Could you bring to our attention the original e-mail or the name/e-mail
address of Andy working for nVidia, please?

Because the e-mail address rdon...@debian.org does not exist anymore and he
does not reply by Linkedin.

I personally spoke with a USA nVidia manager about licensing in a video
conference call and he assured me that the only way to legally receive the
nVidia software is downloading from their website.

Moreover, he was acknowledged that the aim was to use Debian. It might
happen that everybody in the two teams was wrong but why not suggest to
rely directly on Debian, then? It would have been great.

Best, R-

P.S.: forget the other email without the reply to the m-list, thanks.


Re: GeForce nvidia driver license for commerical use?

2022-10-03 Thread Roberto A. Foglietta
Il giorno lun 3 ott 2022 alle ore 20:42 Simon McVittie  ha
scritto:

> On Mon, 03 Oct 2022 at 19:52:23 +0200, Roberto A. Foglietta wrote:
> >  reading this link here below, it seems that compilation and repackaging
> the
> > content is prohibited by their license. What's your opinion on this?
>
> Please note that the Debian maintainers of nvidia-graphics-drivers have
> received special permission from Nvidia beyond what is allowed by the
> license in the .run archive. Please see
>
> https://tracker.debian.org/media/packages/n/nvidia-graphics-drivers/copyright-510.85.02-2
> (or equivalent for other versions) for details.
>
> If you plan to repackage this driver outside Debian or distribute it
> commercially, you will need to talk to Nvidia directly, or obtain your
> own legal advice.
>

Thank you Simon for the prompt reply.

Are you referring to the special permission given by e-mail by Donald
Randall in 2003?

Randall Donald
http://www.khensu.org
rdon...@debian.org
https://www.linkedin.com/in/randalldonald/

On which Linkedin profile is reported a volunteer activity as external for
NVIDIA

Volunteering Debian
Developer and Archive MaintainerDeveloper and Archive Maintainer
Jan 2001 - Jan 2010 · 9 yrs 2 mosJan 2001 - Jan 2010 · 9 yrs 2 mos
Science and Technology
Debian developer most notably responsible for leading the NVIDIA packaging
team.
2001 - 2010

Please, could you explain to me how a company external voluntary could have
delivered a legally binding permission?

Best regards, R-


GeForce nvidia driver license for commerical use?

2022-10-03 Thread Roberto A. Foglietta
Hi all,

 reading this link here below, it seems that compilation and repackaging
the content is prohibited by their license. What's your opinion on this?

https://opensource.stackexchange.com/questions/10082/geforce-nvidia-driver-license-for-commerical-use

In fact, up today (515.76) the .run archive that contains the driver and
the CUDA libraries is licenced in a way for which two essential operations
are not permitted:

§2.1.2 does not allow the compilation essential for deliver a binry driver
§2.1.3 does not allow to repackage the .run content in many .deb packages

The license could be found inside the .run archive downloadable from this
url

https://www.nvidia.com/en-us/drivers/unix

Best regards, R-


Re: Hosting the original youtube-dl sources on salsa?

2020-10-30 Thread Roberto
On Thu, Oct 29, 2020 at 11:15:34PM +0100, Dominik George wrote:
> The RIAA seems to be targeting the most vulnerable and leat likely to
> defend themselves, otherweise they would be targeting those who upload
> content violating copyright laws instead on free software maintainers.
> 
> (Also, there is YouTube Premium which allows for downloading any video
> ypu like, so in the view of the RIAA, why is that acceptable?).

I think that the issue is *not* about content uploaded to youtube
without permission. Youtube has licensed music, for example try to
search for any famous song, like Bohemian Rhapsody. There are official
music videos and many unofficial ones uploaded by personal accounts,
both of them are legally permitted because the music is licensed by
YouTube. You can see that the unofficial videos also contain a notice in
the description that says "Licensed to YouTube by ..." and a list of
music publishers and copyright holders.

YouTube is paying for those permissions, and the money comes from 1) ads
on normal YouTube or 2) subscriptions on YouTube Premium. YouTube
Premium users have permission to download the music as well (for their
personal offline use) because they are paying to the music rights
societies, in a similar way that other companies like Spotify are doing.

RIAA sees youtube-dl as a software that allows people to access their
licensed content with the same privileges as their paying users, but
without paying. And that's why the DMCA enters here, because youtube-dl
is seen as a software that allows "circumvention of technological
barriers for using a digital good in certain ways which the
rightsholders do not wish to allow" [1]

[1] https://en.wikipedia.org/wiki/Anti-circumvention

I personally was very upset about the takedown of youtube-dl, I just
want to clarify a bit what is this issue about.



CC-BY 4.0

2020-06-15 Thread Roberto
On Mon, Jun 15, 2020 at 10:13:30PM +0200, Francesco Poli wrote:
> I asked the FSF to publish a reasoned analysis on this.
> I did so back in 2015, but nothing has been disclosed yet (as far as I
> know).   :-(
> 
> I am personally *not* convinced that CC-by v4.0 is GPL-compatible.

I think that being picky about licensing issues is a good thing.

In this particular case, it's going to require quite an effort to
counterweight the common opinion when Debian FTP masters, the FSF and
Creative Commons' lawyers say that there is no problem, but if you are
reasonably convinced that something is not right, I would encourage you
to continue writing to FSF for the detailed analysis. I'm using Creative
Common licenses quite extensively on several projects, so the analysis
will interest me a lot.



Re: Maxmind GeoIP/Geolite license change

2020-06-15 Thread Roberto
On Mon, Jun 15, 2020 at 08:04:47PM +0200, Francesco Poli wrote:
> The reason is that the one-way compatibility mechanism of CC-by-sa v4.0
> is not exceptionally clear, and, without that compatibility, the
> CC-by-sa v4.0 license itself has a number of controversial clauses
> (non-free, in my own personal opinion).

CC-BY 4.0 (without SA) may be better than CC-BY-SA in that case,
according to the FSF it's compatible and accepted as a free license (for
content which is not a program).



Re: Stack Overflow and copyrightability of small snippets

2020-04-24 Thread Roberto


I want to thank you for your research and bringing up this issue. From
now I will start looking for those snippets in the software projects
that I'm participating, as I find them worrysome in some particular
cases, indeed.



Re: Transity: GPL-licensed but Free only for Non-Commercials

2019-12-20 Thread Roberto
There was a similar case with LinuxSampler a few years ago, restricting
*use* of the program in commercial applications. It was removed from
Debian and it was concluded that its license is inconsistent, nobody can
actually comply with it, because the GPL and the added restriction
contradict each other. It was also rejected from non-free
(undistributable software).

https://lists.debian.org/debian-legal/2005/09/msg00271.html



Re: upstream changing from GPL-2+ to GPL-3+ without copyright holders permission

2019-08-06 Thread Roberto
On Tue, Aug 06, 2019 at 09:18:23AM +0200, Florian Weimer wrote:
> Many authors provide conflicting license statements.  It's not
> unusual.  In the extreme case, it makes the software undistributable
> and unsuitable for Debian.

I know, conflicting statements are a serious problem. But that's a
different issue.

> 
> > If those unwritten exceptions are common, I've probably violated
> > authors' whises a lot of times already :(
> 
> I was mainly talking about written clarifications, not unvoiced
> thoughts of the authors.

Then I agree, written clarifications should be followed if possible.
But, if those clarifications are not part of the license, and they are
only suggestions, authors should be completely fine when they are
ignored. If they are not, they must be part of the license, otherwise I
consider it lying on the actual distribution terms, and it is unfair.

Vim editor says: "Vim is Charityware. You can use and copy it as much as
you like, but you are encouraged to make a donation for needy children
in Uganda". It is not part of the license, so Vim is included in Debian.
And it seems to me that very few users of Vim are actually doing that,
but it should be fine since it's only a suggestion (I hope).

There are religion-based statements in music software included in
Debian, that I choose to not follow because it will be against my own
convictions. I hope the author is fine with that, otherwise I will
consider the program non-free and start writing bug reports for those
programs to be removed from Debian.



Re: upstream changing from GPL-2+ to GPL-3+ without copyright holders permission

2019-08-05 Thread Roberto
On Mon, Aug 05, 2019 at 11:37:22PM +0200, Florian Weimer wrote:
> In general, I agree.  But there might be cases that are less
> clear-cut.  For example, if the upgrade from GPLv2+ to GPLv3+ is used
> to gain permission to combine the work with an AGPL work, especially
> if this is done in an “open core” context.  Or if the author clearly
> intended that uploading the original (GPLv2+) work to someone else's
> computer was distribution under the GPLv2 terms, and the GPLv3 upgrade
> is used primarily to circumvent that.

I don't understand that. If the author provides written permission to
upgrade to a later version but he don't really want people to do that,
it looks to me like lying. He should either clarify the cases where the
upgrade is not wanted, or avoid writing those permissions at all.

> I also think that in general, Debian should try to respect copyright
> holders' wishes, even if the project is not required to do so.
> Disregarding authors rarely leads to good outcomes.

I would want to be respectful, of course, but how can I respect
copyright holders' wishes when they say something and want something
different instead? I can't read their minds. It's not feasible to ask
all authors when there are hundreds (and I don't even consider it fair,
it won't pass the desert island).

If those unwritten exceptions are common, I've probably violated
authors' whises a lot of times already :(



Re: FRR package in Debian violates the GPL licence

2019-03-19 Thread Roberto
On Tue, Mar 19, 2019 at 02:22:08PM +, Paul Jakma wrote:
> 3. People took the code of (2), and adapted that code - extensively and
>explicitly - to make use of and rely upon the facilities of the code
>of (1); facilities which were missing in the code of (2).
> 
> The people involved in (3) - Linux Foundation, Cumulus Networks, 6WIND, Big
> Switch Networks, etc. - refuse to acknowledge the legal reality that the
> code of (3) is covered by the GPL licence of the code of (2), and refuse to
> honour the conditions required by the GPL - see David Lamparter's mail.

Well, that's more complicated than I've thought. Under my point of view,
those companies are right, sorry to say that.



Re: FRR package in Debian violates the GPL licence

2019-03-19 Thread Roberto
On Sun, Mar 17, 2019 at 02:08:38PM +0100, David Lamparter wrote:
> The respective original authors have expressed and reaffirmed their
> wishes for the code to remain under a permissive license.  While we
> could obviously just slap GPL on top, we have decided to try and honour
> the original author's requests.

Indeed, when including external libraries/files into a software project,
I was always encouraged to contribute my changes under the same license
of each individual part, for polite reasons. So, I am somewhat puzzled
about this issue.

On the other side, if I understood correctly, there are authors who want
to contribute their code under GPL exclusively, and they feel that some
of their changes got included into the bundled libraries (and are
significant enough to be covered by copyright), so those libraries
should be wrapped by the GPL as well.

Maybe those external libraries should not be imported in the first
place, to respect all authors' wishes seems imposible when they are
mutually exclusive, and that's looks "murky" even if allowed by the
license.



Re: JPL Planetary Ephemeris DE405

2018-02-26 Thread Roberto

On Mon, Feb 26, 2018 at 10:16:49AM +0100, Ole Streicher wrote:
> As far as I know, there is no extension agreement with the US. So, JPL as
> the database maker cannot protect the database by article 7.
> 
> Also, the protection in article 7 expires after 15 years (article
> 10). The databases DE200 and DE405 are however created 1981 and 1998; so
> they cannot be protected on this base.

This is indeed a useful response that I was expecting, thanks.



Re: JPL Planetary Ephemeris DE405

2018-02-26 Thread Roberto
On Mon, Feb 26, 2018 at 09:03:56AM +0100, Ole Streicher wrote:
> The directive is about database protection, not (only) about
> copyright. It mainly shows *two* independent possibilities how database
> are protectable:
> 
> 1. Copyright protection: By accounting the creativity to produce the
> database; this is article 3, and this is done by applying a
> copyright. The article actually *limits* the reasons why a database can
> be copyright protected, by specifying an exhaustive list (selection and
> arrangement). Every database that does not follow this rules is not
> copyright protected according to the directive.
> 
> 2. "Sui Generis Right": By accounting the investment to create the
> database. The directive allows (resp. requests from the EU countries to
> allow) to protect this investment. This protection is however *not*
> copyright protection. A database that was created with substantial
> investment but without creativity in selection or arrangement is still
> not protected by copyright, even when the maker decides to protect it
> under article 7.

The Spanish LPI declaration included both in the copyright law. Well,
actually is more complex than that, because if you read the article in
BOE document, there is not a single reference to the word "copyright"
there, instead, it refers to modifications to the LPI law. The LPI law
is the document that defines how copyright protection works inside
Spanish legal jurisdiction.

Maybe they have a different interpretation, or they made a mistake
including those terms there. In both cases, we would need more than good
luck to convince government to change it, and currently, copyright it's
beign used end enforced in all those cases, in spite of how much you
disagree.



Re: JPL Planetary Ephemeris DE405

2018-02-25 Thread Roberto
On Sun, Feb 25, 2018 at 01:47:51PM +0100, Ole Streicher wrote:
> Your other argument (with article 7) has nothing do do with copyright:
> even when this article applies to a database, it is still not
> (necessarily) copyright protected. Article 7 just claims that the maker
> of a database *may* protect his work; but as long as he does not do
> this, there are no restrictions. This is the opposite to copyright,
> where the default is restrictive and the copyright owner may grant you
> rights. And it also is possible only for 15 years.

I'm not sure if I'm not understanding what you mean correctly. The
Directive is not a modification to copyright, but EU member countries
modify their copyright laws to include those protections.

Each country have its local laws. In Spain, the copyright law it's not
even called "copyright", it is called the LPI, but the word "Copyright"
is still recognised for compatibility with the Berne Convention. The
declaration has many differencies with the US definition of copyright,
for example, definition of "fair use" is not compatible, the "public
domain" concept doen't even exist (though it is usually considered safe
to import and use public domain works from countries which do define
it), and thousands of other differences. So, it's easier to refer to the
text of the Directive directly rather than to individual copyright
declarations for each country under their own legal jurisdiction. I
think that's what is confusing you into thinking that it is nothing to
do with Copyright (or maybe I'm not understanding your point, I'm not
sure). I hope it's more clear now.

The modification of Spanish copyright declaration was published on
"BOE", which is the official document that informs about those changes.
It was recorded in BOE-A-1998-5568, it's in Spanish but if you feel
interested you can search it online at http://www.boe.es/ and translate
it (hopefully the translator don't mess too much with it, law articles
are writen in a very specific form). All requirements of the database
directive has been included into the Spanish copyright law. So well, I
don't understand why you say that it has nothing to do with copyright,
sure it does.

If you read the Spanish LPI with its modifications, you'll see that a
database or collection of things can now be copyrighted (and actually it
is automatically copyrighted and protected like any other work). The
copyright law is extended so it includes all those provisions required
by the database directive, including the protection of collections of
works that are factual, non-artistic, non-creative, when the creator of
the colletion has invested time and/or effort in the validation process,
etc... I personally think that the choosen wording provides even more
than required by the database directive, which makes easier to claim
copyright for trivial things wrapped into databases, unfortunately. Yes,
there had been opposition, specially at first, but time has passed and
the modified copyright law is still being used (and abused).

It seems that you don't believe me when I say that I've seen databases
of trivial things beign enforced, and that's fine, not trusting random
persons over the Internet is OK. Writing in English takes a long time
for me so please excuse me if I don't continue to explain how copyright
works in my country. If you want to research and see it by yourself, you
are welcome.



Re: JPL Planetary Ephemeris DE405

2018-02-24 Thread Roberto
On Sat, Feb 24, 2018 at 10:51:55PM +0100, Ole Streicher wrote:
> I read that article 7 that you cited as: the maker of a database has the
> right to protect it -- which however needs him to be active (which is
> not the case for the JPL).

Okay, feel free to include databases of facts in Debian if you think
it's safe, I'll feel free to blacklist those packages, and everyone is
happy.

In this particular case, it may be safe, I don't know the JPL database,
and it seems that it cames from the US. My email was to disagree with
your statement that a collection of facts can't be copyrighted. The
Directive is a document that members of EU need to comply by modifying
their local laws (usually by amending copyright laws), which, to make
things more complicated, the exact terms vary between each EU member. If
you are still convinced that it can't be copyrighted and they are safe,
well, there is nothing more that I can say, go ahead and use them. For
my part, I've seen a case of copyright sucesfully applied to a
completely automated list of facts, and that's enough for me to be
convinced of the opposite.

I still think that recommending them for inclusion in Debian without
properly analyzing each case and the author intents,

It seems that you know the directives in EU (I though at first that you
were not aware of them), and you still defend that they are safe, which
is fine, you are free to have your opinion. I'm still thinking that not
taking seriously the database laws, and including them in Debian without
properly analyzing each case and author intents is quite unfortunate,
though.



Re: JPL Planetary Ephemeris DE405

2018-02-24 Thread Roberto
On Sat, Feb 24, 2018 at 02:03:44PM +0100, Ole Streicher wrote:
> Sure; law is always open to be interpreted by the court. This is
> generally true and not specific to this case.

Yes but, what I want to say is that, in this particular case, I don't
think it's safe to assume that a collection of facts can't have
copyright, not even when it's entries are selected by objective
criteria. Let's quote the Directive No. 96/9/EC:


  Article 7
  Object of protection

  Member States shall provide for a right for the maker of a database
  which shows that there has been qualitatively and/or quantitatively a
  substantial investment in either the obtaining, verification or
  presentation of the contents to prevent extraction and/or re-utilization
  of the whole or of a substantial part, evaluated qualitatively and/or
  quantitatively, of the contents of that database.

[...]


Notice that database creators can argue that they have made a
"substantian investment in verifying the contents" to justify their
database protection. It's not needed to have made an effort in manually
selecting entries (yes, that's another way to have a database protected,
but not the only one). I'm worried that this is not taken seriously
because it has been used plenty of times already, and the way the
directive is written is quite biased toward creators of databases as far
as I can tell in my opinion. The only exceptions given are those in the
Article 6, in short: for private, scientific research, or non-commercial
purposes.



Re: JPL Planetary Ephemeris DE405

2018-02-24 Thread Roberto
On Fri, Feb 23, 2018 at 11:41:37PM +0100, Ole Streicher wrote:
> That is generally not true for scientific databases: When the entries
> are selected by objective criteria (which is the common case for such
> databases), the database is not copyrightable.

That's open to the interpretation of the judges. Search for previous
cases and you'll be surprised. A company that I've worked for was one of
such victims.



Re: JPL Planetary Ephemeris DE405

2018-02-23 Thread Roberto
On Fri, Feb 23, 2018 at 09:14:32AM +0100, Ole Streicher wrote:
> Then (and may be more important): These files are not copyrightable ad
> all, since they are natural data; they describe *facts*. As one can't
> copyright the distance to the moon, one can't copyright the details of
> earth rotation.

A collection of facts can have a copyright even if the facts themselves
can not. This is known as the Directive 96/9/EC on the EU.

http://www.esa.int/About_Us/Law_at_ESA/Intellectual_Property_Rights/Copyright_and_databases



Administracion y Control de Neumaticos - Maximice la seguridad

2017-01-27 Thread Lic. Roberto Quijano
Maximice la seguridad para el operador, la carga o pasaje. 

Curso Básico de Administración y Control
de Neumáticos 

Elija fecha y sede para participar: 

22 de Marzo / Monterrey, N.L.  
24 de Marzo / Guadalajara JAL.  
29 de Marzo / Cd. de México  

Traemos para usted este seminario en el cual se le proporcionarán las 
herramientas para la adecuada administración y control de los neumáticos, su 
uso y cuidado, generando grandes beneficios para su empresa con los cuales 
mejorará las condiciones de seguridad, rendimiento de combustible, control de 
daños y optimización de costos. 

Para recibir nuestro temario responda con la clave Control y sus datos:
Nombre: 
Empresa: 
Teléfono:

Lic. Roberto Quijano, Ejecutivo de Comercial ¡Será un placer atenderle!

Comuníquese al: 01.800.212.0746  

Este mensaje le ha sido enviado como usuario o bien un usuario le refirió para 
recibirlo. Si no pertenece al sector y no desea recibir actualizaciones al 
respecto, debian-legal@lists.debian.org responda con el asunto 6DFVTG3R





Re: is igmpproxy dfsg compliant?

2016-12-02 Thread Roberto
On Fri, Dec 02, 2016 at 06:20:24PM +0100, Pali Rohár wrote:
> I'm already in contact with old/original maintainers of igmpproxy hosted 
> on sourceforge who maintained it until release of version 0.1.
> 
> Those maintainers are not interested in maintaining igmpproxy anymore 
> and they agreed that I can take over whole igmpproxy project. Currently 
> I have new repository on github (on old sourceforge project is written 
> by original maintainers that project was moved to my github repository), 
> but there is no new released version.

That looks better, if you are now the maintainer and previous authors
are in contact, seems good.

> > 1. As other have pointed, not all BSD licenses are compatible with
> > the GPL, it should be examined before assuming it is, if you can
> > please paste it to this list so other people can comment.
> 
> Copyright © 2002 The Board of Trustees of the Leland Stanford Junior
> University
> Permission is hereby granted to STANFORD's rights, free of charge, to 
> any person obtaining a copy of this Software and associated 
> documentation files ( "MROUTED"), to deal in MROUTED without 
> restriction, including without limitation the rights to use, copy, 
> modify, merge, publish, distribute, sublicense, and/or sell copies of 
> MROUTED , and to permit persons to whom MROUTED is furnished to do so, 
> subject to the following conditions:
> 1)  The above copyright notice and this permission notice shall be
> included in all copies or substantial portions of the MROUTED .
> 2)  Neither the STANFORD name nor the names of its contributors may 
> be used in any promotional advertising or other promotional materials to 
> be disseminated to the public or any portion thereof nor to use the name 
> of any STANFORD faculty member, employee, or student, or any trademark,
> service mark, trade name, or symbol of STANFORD or Stanford Hospitals 
> and Clinics, nor any that is associated with any of them, without 
> STANFORD's prior written consent.  Any use of STANFORD's name shall be 
> limited to statements of fact and shall not imply endorsement of any 
> products or services.
> 
> 3)  MROUTED IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, 
> EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF 
> MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. 
> IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY 
> CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, 
> TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH MROUTED OR 
> THE USE OR OTHER DEALINGS IN THE MROUTED .

I'm not good at spotting incompatibilities so I hope that other people
comment, to me it looks like a variation of the X11 license, AFAIK it is
good.



Re: is igmpproxy dfsg compliant?

2016-12-02 Thread Roberto
On Fri, Dec 02, 2016 at 03:53:53PM +, Ian Jackson wrote:
> Pali Rohár writes ("Re: is igmpproxy dfsg compliant?"):
> > On Thursday 24 November 2016 19:29:21 Roberto wrote:
> > > On Thu, Nov 24, 2016 at 06:36:53PM +0100, Pali Rohár wrote:
> > > > And can be included igmpproxy package into Debian?
> > > 
> > > Probably asking the authors if they can please switch the license, it
> > > will benefit not only Debian but anyone who downloads from upstream
> > > source as well.
> > 
> > So... it is enough if all authors and contributors of igmpproxy agree 
> > that their changes can be redistributed under GPLv2+?
> 
> Yes.
> 
> > Or do they need to "relicense" their changes also under new BSD Stanford 
> > too?
> 
> No.
> 
> Ian.


I would prefer that the upstream does the license transition by
examining the situation and fixing all headers and documentation. They
(hopefully) know better about who modified the files and what licenses
the changes are in each case. Otherwise, even if they give you
permission to switch those files into the new license, each time a new
version of the upstream source is packaged it should be cleaned again by
the debian maintainer, or a notice should be included within
debian/copyright file saying all the references to the non-free license
scattered in the source code are not valid anymore. Neither of those
solutions seem the correct thing.

Two more things to notice:

1. As other have pointed, not all BSD licenses are compatible with the
GPL, it should be examined before assuming it is, if you can please
paste it to this list so other people can comment.

2. Is the change of license of mrouted effective from a specific
version, or are all older versions placed under the new license too? And
in the first case, what version forked igmpproxy from? Can those sources
be upgraded to the first BSD-licensed version?

Again, I think this should be fixed by upstream and only trying fo fix
it in the debian package if upstream does not want to cooperate.


In my experience, when a fork from a program (or library) is included
into another, it can be sometimes very difficult to fix things when the
original project switch to another (possibly better) license. igmpproxy
seems to be easier, but it should be done the correct way anyways.

As an example, it happend when idsoftware gave permission to relicense
Doom source into GPL. I was very active by then trying to sort all
things, but it was painful, with thousands of emails to all people who
modified the original sources. Many engines based on Doom were unable to
make the switch (zDoom, one of the more populars, it is still maintained
under the old non-free license because it will conflict with many other
pieces of code submitted under the older license), and many authors will
actually refuse to switch to the new license or prefer the older (yes,
some people explicitly refused to give permission to relicense their
changes into the new license).

So please, when code is touched by many different people, NEVER assume
that people will agree to a license change, even if the new license
seems clearly better.



Re: is igmpproxy dfsg compliant?

2016-11-26 Thread Roberto
On Sat, Nov 26, 2016 at 12:51:52PM +0100, Pali Rohár wrote:
> Yes, but mrouted was release/relicensed under less restrictive BSD 
> license too.
> 
> As wrote in one of first emails, here is link to text of new mrouted 
> license:
> 
> http://cvsweb.openbsd.org/cgi-bin/cvsweb/src/usr.sbin/mrouted/LICENSE


mrouted relicensed its code, but the igmpproxy fork did not, and they
are not the same thing anymore. I've already answered to this in my
first email in this thread, please read it again.



Re: is igmpproxy dfsg compliant?

2016-11-26 Thread Roberto
On Sat, Nov 26, 2016 at 12:46:45PM +0100, Pali Rohár wrote:
> On Thursday 24 November 2016 20:07:43 you wrote:
> > > I do not know, but mrouted was relicensed to BSD in 2003 and
> > > igmpproxy started in 2005 (according to year in source files). And
> > > because BSD is compatible with GPL, you can relicense those parts
> > > to GPL and adds your own GPL code to it. Then whole package can be
> > > redistributed only under GPL...
> > 
> > Of course, you can *not* do this.
> 
> Why? I think you must redistribute whole program as GPL. Section 2. of 
> GPLv2 contains:
> 
> ===
> But when you distribute the same sections as part of a whole which is a 
> work based on the Program, the distribution of the whole must be on the 
> terms of this License, whose permissions for other licensees extend to 
> the entire whole, and thus to each and every part regardless of who 
> wrote it.
> ===
> 
> This does not mean that some parts cannot be still distributed under 
> other license (e.g. mrouted parts under Stanford or BSD), but from that 
> section I understood that whole igmpproxy can be distributed only under 
> GPLv2.


That's not what the license says. I know that licensing can be confusing
and tedious and I'm not very good at expressing myself in english...
please read the official GPL FAQ, it is very good and it may help you to
understand better the meaning of the GPL license:

https://www.gnu.org/licenses/gpl-faq.html



Re: is igmpproxy dfsg compliant?

2016-11-24 Thread Roberto
On Thu, Nov 24, 2016 at 07:29:21PM +0100, Roberto wrote:
> On Thu, Nov 24, 2016 at 06:36:53PM +0100, Pali Rohár wrote:
> > I'm not saying that it invalidates. Just that I understood that whole 
> > igmpproxy can be redistributed under GPLv2+ and some other parts, based 
> > on mrouted had original license Stanford.txt... and those and only those 
> > parts (without other GPL) can be redistributed also under Stanford 
> > license... This is how I understood it.
> 
> OK, I think I understand it better now. We are basically saying the same
> thing then, with only one difference.

I reply myself... actually I think I have not understood your statements
correctly, reading it again it seems that you think that the mrouted
code is somewhat dual licensed with GPL or Stanford.txt and you can
choose which one to apply. That's not the case, when combined into a GPL
program both licenses are active and must be obeyed *at the same time*
(supposing that they are compatible, which I doubt).



Re: is igmpproxy dfsg compliant?

2016-11-24 Thread Roberto
On Thu, Nov 24, 2016 at 06:36:53PM +0100, Pali Rohár wrote:
> I'm not saying that it invalidates. Just that I understood that whole 
> igmpproxy can be redistributed under GPLv2+ and some other parts, based 
> on mrouted had original license Stanford.txt... and those and only those 
> parts (without other GPL) can be redistributed also under Stanford 
> license... This is how I understood it.

OK, I think I understand it better now. We are basically saying the same
thing then, with only one difference.

If the original code of mrouted was included bundled in a separate
directory unmodified, or easily replaceable, then yes, you could replace
it with the new BSD version and then "relicense" all Stanford code under
BSD.

But, as far as I know, it has been modified and mixed into other
product, so in order to change the license of those parts, permission is
needed from all of its authors and contributors (which now includes
igmpproxy authors because the modifications are also copyrighted by
them). That's why in my first email I say that nobody else can switch the
license, even if mrouted switched long ago, the forked code is a different
program now. Sorry if it was not clear.

> So... question now is, can be whole igmpproxy (as one software package) 
> redistributed under GPLv2+? I think yes that yes.

I disagree, I'm not even sure that the Standford license is compatible
with the GPL, and even when all licenses are compatible, you should
still include all of them in debian/copyright file and should pass the
DFSG.

That is only my opinion, I would like to read opinions from more people
on this list.


> Or... if you think that not, what is reason, and what needs to be done?
> 
> And can be included igmpproxy package into Debian?

Probably asking the authors if they can please switch the license, it
will benefit not only Debian but anyone who downloads from upstream
source as well.



Re: is igmpproxy dfsg compliant?

2016-11-24 Thread Roberto
On Thu, Nov 24, 2016 at 05:36:57PM +0100, Pali Rohár wrote:
> On Tuesday 22 November 2016 16:17:21 Roberto wrote:
> > On Tue, Nov 22, 2016 at 02:42:34PM +0100, Pali Rohár wrote:
> > The COPYING file that you linked says "Original license can be found
> > in the Stanford.txt file". It says nothing about the BSD license.
> 
> But this statement is under mrouted section in COPYING file. Under 
> igmpproxy section is written GPLv2+ license.

I don't understand this phrase, do you mean that igmpproxy authors
relicensed the mrouted source code under the GPLv2+ license? And how if
would be possible

> > The *.c files also point to the Standford.txt license.
> 
> And again in *.c files is GPLv2+ license with information that igmpproxy 
> is based on smcroute (licensed under GPLv2) and mrouted which *original* 
> license was Stanford.

And again I'm not sure that I'm correctly understanding you. If you are
saying that the GPL somewhat invalidates other licenses and now the code
has become GPL because it was mixed with other GPL code then I must
disagree. In that case it would be very easy to change any license into
the GPL.

> Or why do you think that Stanford.txt applies to whole source code? From 
> COPYING I understood it differently, due to sections in files, and also 
> because on official webpage is written GPLv2+.

No, I don't think that Stanford.txt applies to whole source code. It
applies to *part* of the source code, that's what COPYING file
says.

It is very common for projects to be based on several other projects and
combined from multiple licenses, and it is not a problem if licenses are
compatible and DFSG-free.



Re: is igmpproxy dfsg compliant?

2016-11-22 Thread Roberto
On Tue, Nov 22, 2016 at 02:42:34PM +0100, Pali Rohár wrote:
[...]
> Note that smcroute 0.92 was accepted into Debian [4].
> 
> Due to above GPL facts in igmpproxy files I think that everybody though
> igmpproxy is licensed and distributed under GPL. If it was legal and I
> correct I do not know... But since 2003 after mrouted got alternative BSD
> license I think it is correct to redistribute smcroute 0.92 and so also
> igmpproxy under GPL as states in [1], [2], [3].
> 
> And if Debian really had not problem to include smcroute 0.92 into
> archives in 2006 [4] I guess there should not be problem to include also
> derivate works from smcroute 0.92 licensed under GPL.

The authors of smcroute maybe agreed to relicense the code, but that
does not make any other programs based on mrouted automatically
relicensed.

The COPYING file that you linked says "Original license can be found in
the Stanford.txt file". It says nothing about the BSD license. The *.c
files also point to the Standford.txt license. There is nothing in the
igmpproxy that makes me think that they switched to the BSD license. If
you had been in contact with the authors and they gave you a special
permission to make the license change, please include in
debian/copyright the information or the emails in which they gave you
permission to do so, and please don't do it without their full knowledge
and approval.

> ... Or do you have any other opinion which could cause problem in this
> situation?

I can't offer legal advice, just saying that according to the
information given in the source code of igmpproxy, it seems clear to me
that is still distributed under the GPL *and* the Standford license. The
code included in igmpproxy has been largely modified and its subject to
the copyright of mrouted *and* igmpproxy's contributors, so all of them
must agree in order to change the license.

(Whether the standford license is DFSG-free and/or compatible with the
GPL is a different issue).



Re: is igmpproxy dfsg compliant?

2016-11-22 Thread Roberto
On Sun, Nov 20, 2016 at 02:52:33PM +0100, Pali Rohár wrote:
> Because igmpproxy is based on mrouted originally licensed under Stanford
> and later relicensed under BSD, I would consider it DFSG compliant...

For what is worth, my point of view follows:

In general, when a program is relicensed, the new license is not applied
automatically to forks and derivative versions. Imagine that I make a
GPL program that the igmpproxy developers modify and include into
igmpproxy. I later relicense my code to a license incompatible with the
GPL; igmpproxy won't automatically switch to the new license unless
everyone agree (and probably will never happen because they are fine
with the GPL version).

If the new license of mrouted is better, we can expect that all
developers and contributors will be happy to switch, but it must be done
by them, nobody else can switch the license in their behalf unless they
give permission.

According to the source repository of igmpproxy, it is stil using the
Standford license.



Re: Freeware Public License (FPL)

2016-11-04 Thread Roberto
On Fri, Nov 04, 2016 at 07:21:34PM +0100, Francesco Poli wrote:
> Hi,
> rather than commenting on the several misconceptions and plain false
> statements included in the upstream author's answer, I will just
> recommend you to reply him something similar to the following:

That's an excellent advice, I'm sure that the intention of the author
was good, but it will be a waste of time writing lots of emails trying
to educate him about copyright laws, it seems much more productive a
simple mesage like that, I may use it too as a template when needed.



Re: would this custom license considered DFSG-free/GPL-compatible

2016-10-04 Thread Roberto
On Tue, Oct 04, 2016 at 08:56:22AM -0400, Yaroslav Halchenko wrote:
> // 4. If anything other than configuration, indentation or comments have been
> //altered in the code, the modified code must be made accessible to the
> //original author(s).

Fails the Desert Island Test:

https://wiki.debian.org/DesertIslandTest



Re: "Use as you wish" license

2016-07-05 Thread Roberto
On Tue, Jul 05, 2016 at 05:45:59PM +0100, Ian Jackson wrote:
> This mailing list is purely advisory (if that, even), and has no
> formal decisionmaking status.  The actual decisions are made and
> implemented by the ftpmasters.

Some advisory is valuable for me just before I choose to include such
files in my project.

> If the ftpmasters have accepted this kind of permission statement
> before, so many times, then I think we can draw the conclusion that
> they are happy with it.

I would like to accept that conclusion too, but from previous experience
I know it's not always the case (ftpmasters are human too). People tend
to blindly accept that everything is OK if entered Debian before, and
hence mistakes are never fixed and takes a lot of work to stop the
inertia, your answer is a clear example.

I hope you did not feel cheated for my omision, but I would have missed
your first answer which was truly useful. Next time I won't say that
I've searched the source archive :P

I have not found any previous discussion about those licenses so asking
here seem to be the right thing to do, if that is not the case, can you
please point me the correct steps, should I ask ftpmasters directly or
there is another mailing list you think more appropiate?



Re: "Use as you wish" license

2016-07-05 Thread Roberto
On Tue, Jul 05, 2016 at 12:50:55PM +0200, Johannes Schauer wrote:
> if the original author of the software really meant "do with it whatever you
> like - really, everything" when they wrote "Use as you wish", then I'm sure
> they will give you a positive reply when you ask them whether it would be
> possible for them to relicense their work under a very simple license like
> MIT/Expat. Just drop the author an email and ask. :)

Thanks, I think it would be the best way, I will do it for the second
case ("may be downloaded and used for any projects, without
restrictions"). There are several contributors and people who modified
things, it can be not easy, but I will try.

The first one ("use as you wish") is already on Debian. To be honest I
must say that I knew that, but I asked anyways to get independent
answers not influenced by the fact that it has been included before.
Some of those notices are really weird, specially the BeerWare one...

http://sources.debian.net/src/freeciv/2.5.4-1/common/scriptcore/tolua_common_a.pkg/?hl=178#L178
http://sources.debian.net/src/cecilia/5.2.1-1/Resources/CeciliaPlot.py/?hl=11#L11
http://sources.debian.net/src/pythoncard/0.8.2-5/debian/codeEditor/?hl=4#L4
http://sources.debian.net/src/libsmi/0.4.8%2Bdfsg2-11/debian/copyright/?hl=94#L94
http://sources.debian.net/src/dispcalgui/3.1.3.1-1/DisplayCAL/wxenhancedplot.py/?hl=10#L10
http://sources.debian.net/src/libsigc%2B%2B-2.0/2.8.0-1/tests/test_disconnect.cc/?hl=2#L2
http://sources.debian.net/src/dactyl/1.2%7Er20151231-1/plugins/aardvark.js/?hl=2#L2
http://sources.debian.net/src/gnuradio/3.7.9.2-4/gr-wxgui/python/wxgui/plot.py/?hl=10#L10



Re: "Use as you wish" license

2016-07-05 Thread Roberto
On Tue, Jul 05, 2016 at 03:55:33PM +1000, Ben Finney wrote:
> So I think it is too risky to accept such a license if there is no
> explicit permission to all the freedoms needed for DFSG works.

Thank you for your answers. It seems there are different views on this
so it's probably better to avoid files under that license if I want a my
program eventually included in Debian, I suppose.



"Use as you wish" license

2016-07-04 Thread Roberto
I've encountered two simple notices, I wonder if they are acceptable for
DFSG under your opinion.

Is "Use as you wish" an acceptable license?

And, a web page that says some of its content "may be downloaded and
used for any projects, without restrictions".

There is no explicit mention of redistribution of modified versions,
though.



Question on QuickFIX license

2011-09-20 Thread Roberto C . Sánchez
[ I am not subscribed to debian-legal, please keep me in the CC; M-F-T
set accordingly ]

I have filed an ITP for QuickFIX (c.f. #642268).  As I was looking over
the license, I figured that it was just a standard BSD w/ advertising
clause.  When I looked a little closer, I saw 5 clauses instead of 4,
which looked like the advertising clause had been split into two parts.
However, the final clause left me scratching my head (the complete
license is at the end of my email):

5. Products derived from this software may not be called QuickFIX,
   nor may QuickFIX appear in their name, without prior written
   permission of quickfixengine.org

I am not really sure if this provision makes QuickFIX unsuitable for
main.  Is the Debian package a product derived from this software in
the sense meant by the license?  What do others think about this?  I
thought it might fall under integrity of the author's source code.
But I am not so sure.

Regards,

-Roberto

-8--Complete license text follows--8-

The QuickFIX Software License, Version 1.0
 
Copyright (c) 2001-2010 quickfixengine.org  All rights
reserved.

Redistribution and use in source and binary forms, with or without
modification, are permitted provided that the following conditions
are met:

1. Redistributions of source code must retain the above copyright
   notice, this list of conditions and the following disclaimer.
 
2. Redistributions in binary form must reproduce the above copyright
   notice, this list of conditions and the following disclaimer in
   the documentation and/or other materials provided with the
   distribution.

3. The end-user documentation included with the redistribution,
   if any, must include the following acknowledgment:
  This product includes software developed by
   quickfixengine.org (http://www.quickfixengine.org/).
   Alternately, this acknowledgment may appear in the software itself,
   if and wherever such third-party acknowledgments normally appear.
 
4. The names QuickFIX and quickfixengine.org must
   not be used to endorse or promote products derived from this
   software without prior written permission. For written
   permission, please contact a...@quickfixengine.org
 
5. Products derived from this software may not be called QuickFIX,
   nor may QuickFIX appear in their name, without prior written
   permission of quickfixengine.org
 
THIS SOFTWARE IS PROVIDED ``AS IS'' AND ANY EXPRESSED OR IMPLIED
WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES
OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE
DISCLAIMED.  IN NO EVENT SHALL QUICKFIXENGINE.ORG OR
ITS CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT
LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF
USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND
ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY,
OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT
OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF
SUCH DAMAGE.

-- 
Roberto C. Sánchez
http://people.connexer.com/~roberto
http://www.connexer.com


signature.asc
Description: Digital signature


Re: geotrans license: asking for advice

2008-10-16 Thread Roberto Lumbreras
Hi all...

I send attached the copyright file of the package GEOTRANS I asked
for advice here some days
ago.

I've renamed the package to GEOTRANZ, to fulfill the terms of use
(do not use the original name
in derived works) and I understand that we have permission to
distribute derived works of geotrans
because the authors say so in a mail sent to me (it is not clear in
the terms of use). I asked them to
rewrite the terms of use but they released a new version without doing it.

I you agree I will upload the package to main soon.

-- 
Regards,
Roberto Lumbreras
This package was Debianized by Roberto Lumbreras [EMAIL PROTECTED] on
Sun, 02 Mar 2008 17:16:08 +0100


It was downloaded from http://earth-info.nga.mil/GandG/geotrans/


The package GEOTRANZ is derived from GEOTRANS:

The product was developed using GEOTRANS, a product of the National
Geospatial-Intelligence Agency (NGA) and U.S. Army Engineering Research and
Development Center.

Do not use the name GEOTRANS for any derived work.

Debian modifications are the following: add makefiles to compile it with
openjdk; modify some icons so they have a transparent background; use
x-www-browser to lunch help instead of netscape; modify directory where help
files are; add missing includes in C files to fix implicit declaration
warnings.

Debian package GEOTRANZ is DFSG free because:

-Everyone is allowed to use and distribute the software (see terms of use).
-Everyone is allowed to modify the software develop derivative works
 (see terms of use).
-Everyone is allowed to make and distribute derived works if the GEOTRANS
 name is not used. (see terms of use and clarification mail from authors).
-The package is compiled with and depends on free packages only (thanks to
 openjdk).


GEOTRANS upstream author:

National Geospatial Intelligence Agency (NGA)
Department of Defense
United States of America

Point of Contact: Coordinate Systems Analysis Team
phone (314) 263-4171, DSN 693-4171
[EMAIL PROTECTED]

GEOTRANS Project Managers:
Brian Akers (St. Louis) and Dan Mullaney (Bethesda)

Please contact the JMTK Help Desk ([EMAIL PROTECTED], 1-888-549-JMTK) if you
have any problems, questions, or comments.


Copyright: (C) 1999-2008 National Geospatial Intelligence Agency (NGA)

Although NGA makes no copyright claim under Title 17 U.S.C., NGA
claims copyrights in the source code under other legal regimes.


I wrote NGA asking for permission to distribute derived works of geotrans, and
they sent me the following mail:

--

From: Mullaney, Dan F. Daniel.F.Mullaney _at_ nga.mil
To: roberto.lumbreras _at_ gmail.com
Cc: Spaunhorst, Scott Scott.J.Spaunhorst _at_ nga.mil
Subject: RE: geotrans license clarification
Date: Wed, 1 Oct 2008 10:53:25 -0400

Sir,

Please find an updated Terms of Use for GEOTRANS. Our position is that
derivative works may be distributed, if they adhere to these Terms. A
new version (GEOTRANS 2.4.2) will be made available shortly.

Thank You,
Dan Mullaney
NGA/SNAC
Coordinate System Analysis

--

GEOTRANS Terms of Use:

1. The GEOTRANS source code (the software) is provided free of charge by the
National Geospatial-Intelligence Agency (NGA) of the United States Department
of Defense. Although NGA makes no copyright claim under Title 17 U.S.C., NGA
claims copyrights in the source code under other legal regimes. NGA hereby
grants to each user of the software a license to use and distribute the
software, and develop derivative works.

2. NGA requests that products developed using the software credit the source of
the software with the following statement, The product was developed using
GEOTRANS, a product of the National Geospatial-Intelligence Agency (NGA) and
U.S. Army Engineering Research and Development Center.  Do not use the name
GEOTRANS for any derived work.

3. Warranty Disclaimer: The software was developed to meet only the internal
requirements of the National Geospatial-Intelligence Agency (NGA). The software
is provided as is, and no warranty, express or implied, including but not
limited to the implied warranties of merchantability and fitness for particular
purpose or arising by statute or otherwise in law or from a course of dealing
or usage in trade, is made by NGA as to the accuracy and functioning of the
software.

4. NGA and its personnel are not required to provide technical support or
general assistance with respect to public use of the software.  Government
customers may contact NGA.

5. Neither NGA nor its personnel will be liable for any claims, losses, or
damages arising from or connected with the use of the software. The user agrees
to hold harmless the United States National Geospatial-Intelligence Agency
(NGA). The user's sole and exclusive remedy is to stop using the software.

6. Please be advised that pursuant to the United States Code, 10 U.S.C. 425,
the name

geotrans license: asking for advice

2008-10-09 Thread Roberto Lumbreras
Hi...

I have packaged a nice software called geotrans (ITP #468918):
http://earth-info.nga.mil/GandG/geotrans/
whose author is NGA (US National Geospatial-Intelligence Agency). You
can find my work at http://rover.thehackers.org/geotrans/

The package provides a GUI written in java that is like a calculator,
and a library
providing functions to convert between coordinate systems, map projections
and datums.

The problem is that the license says:

NGA hereby grants to each user of the software a license to use and
distribute the software, and develop derivative works.

Unfortunately, this doesn't explicitly permit the distribution of
derivative works, so it is non-free and ftp-masters rejected my first upload.
It is a shame I missed it, but I did it. In the license they say
things like Although
NGA makes no copyright claim under Title 17 U.S.C., NGA claims copyrights in
the source code under other legal regimes., so it was clear for me that they
were allowing distribution... but the magic words are missing in the license :(

I've asked the authors to clarify this, and I recently got a mail saying:

 Please find an updated Terms of Use for GEOTRANS. Our position is that
 derivative works may be distributed, if they adhere to these Terms. A
 new version (GEOTRANS 2.4.2) will be made available shortly.

I send you attached these new terms of use, that adds a new point (2) saying:

 2. NGA requests that products developed using the software credit the source
 of the software with the following statement, The product was developed
 using GEOTRANS, a product of the National Geospatial-Intelligence Agency
 (NGA) and U.S. Army Engineering Research and Development Center.  Do
 not use the name GEOTRANS for any derived work.

But I can not find you can distribute derived works anywhere... maybe you can
understand that you can because point 2 requests giving credit in products
developed using the software (so you can distribute them, if you can't is
useless to give credit)..., and also is the requirement that the name
of geotrans
can not be used in any derived work, so it is clear that:

-you can do derivative works using a different name (maybe geotranz? ;-)
-you must give credit them in derivative works, so... can you distribute them???

I have asked them again to clarify these points:

 Could you please change that sentence to: NGA hereby grants to each user
 of the software a license to use and distribute the software,  develop and
 distribute derivative works. ?

 In point 2 it is clear that credit must be given to the software and that the
 name of geotrans can not be used in derivative works. But... fixing a bug
 in the source, or changing something is a derivative work?

 I had modified geotrans sources to adapt them to the Debian Operating
 System, that changes are only to compile (makefile changes) and build
 geotrans (missing import directives for my compiler) from the source, and
 some small changes to make the help work in Debian (netscape changed to
 x-www-browser and the directory where help files are). I have also modified
 the geotrans icon so it has a transparent background.

 All of that changes I understand they are not derivative works, so the name of
 geotrans can be used in the Debian distribution of geotrans. Do you agree?

What should I do? What do you think?

Regards,
--
Roberto Lumbreras
Debian developer
GEOTRANS  Terms of Use:

1. The GEOTRANS source code (the software) is provided free of charge by
the National Geospatial-Intelligence Agency (NGA) of the United States
Department of Defense. Although NGA makes no copyright claim under Title 17
U.S.C., NGA claims copyrights in the source code under other legal regimes.
NGA hereby grants to each user of the software a license to use and
distribute the software, and develop derivative works.

2. NGA requests that products developed using the software credit the
source of the software with the following statement, The product was
developed using GEOTRANS, a product of the National Geospatial-Intelligence
Agency (NGA) and U.S. Army Engineering Research and Development Center.
Do not use the name GEOTRANS for any derived work.

3. Warranty Disclaimer: The software was developed to meet only the
internal requirements of the National Geospatial-Intelligence Agency (NGA).
The software is provided as is, and no warranty, express or implied,
including but not limited to the implied warranties of merchantability and
fitness for particular purpose or arising by statute or otherwise in law or
from a course of dealing or usage in trade, is made by NGA as to the
accuracy and functioning of the software.

4. NGA and its personnel are not required to provide technical support or
general assistance with respect to public use of the software.  Government
customers may contact NGA.

5. Neither NGA nor its personnel will be liable for any claims, losses, or
damages arising from or connected with the use of the software. The user
agrees to hold harmless

Documentation copyright/licensing

2008-07-08 Thread Roberto C . Sánchez
[Please keep me in the CC, as I am not subscribed to -legal]

I am preparing an upload to tbb.  With this upload, a new binary package
will be introduced, called libtbb-doc.  It will include HTML
documentation files that were generated by Doxygen from the tbb program
sources.  Because of the new binary package, it will have to pass NEW
processing again, which is why I am posting this message to the list.

Now, each HTML file contains this comment:

Generated by Doxygen 1.3.9.1

Each file also contains this footer:

Copyright copy; 2005-2008 Intel Corporation.  All Rights Reserved.

When I inquired in #debian-devel, AzaThat indicated that the All Rights
Reserved has little or no legal meaning anymore.  I wanted to get some
opinions on this list before I upload however.

All of the program sources are clearly covered under GPL2.  The
documentation is mechanically generated from the sources.  Does the
footer statement on documentation pages conflict with that license.  My
initial inclination is that it does not.  Any other opinions?

Regards,

-Roberto

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Re: Review of license

2008-04-28 Thread Roberto C . Sánchez
On Mon, Apr 28, 2008 at 10:29:05PM +0200, Francesco Poli wrote:
 [I'm Cc:ing Roberto, who asked to be Cc:ed, but probably didn't see
 Joe's reply]
 
Thanks Francesco.

  
  This is the type of messed up license obtained when a lawyer never looks 
  over the license, and the drafter is not familar with license drafting. 
 
 The license is indeed vague and messed up: as I already stated, I
 dislike it...
 
Thanks for the review.

While I agree that the license appears to be not very desirable, it
seems to be acceptable for distribution in Debian.

Regards,

-Roberto

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Review of license

2008-04-26 Thread Roberto C . Sánchez
[ Please keep me in the CC since I am not subscribed to -legal ]

I was recently asked to sponsor an upload of a package that carries the
below license.  Is this license acceptable for main?

Regards,

-Roberto

-88--

Preamble

The intent of this document is to state the conditions under which a
Package may be copied, such that the Copyright Holder maintains some
semblance of artistic control over the development of the package,
while giving the users of the package the right to use and distribute
the Package in a more-or-less customary fashion, plus the right to make
reasonable modifications.


Definitions:

* Package refers to the collection of files distributed by the
  Copyright Holder, and derivatives of that collection of files created
  through textual modification.

* Standard Version refers to such a Package if it has not been
  modified, or has been modified in accordance with the wishes of the
  Copyright Holder.

* Copyright Holder is Christopher B. Powell, [EMAIL PROTECTED].

* You is you, if you're thinking about copying or distributing this
  Package.

* Reasonable copying fee is whatever you can justify on the basis of
  media cost, duplication charges, time of people involved, and so on.
  (You will not be required to justify it to the Copyright Holder, but
  only to the computing community at large as a market that must bear the
  fee.)

* Freely Available means that no fee is charged for the item itself,
  though there may be fees involved in handling the item. It also means
  that recipients of the item may redistribute it under the same
  conditions they received it.


1. You may make and give away verbatim copies of the source form of the
Standard Version of this Package without restriction, provided that you
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2. You may apply bug fixes, portability fixes and other modifications
derived from the Public Domain or from the Copyright Holder. A Package
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3. You may otherwise modify your copy of this Package in any way,
provided that you insert a prominent notice in each changed file
stating how and when you changed that file, and provided that you do at
least ONE of the following:

a) place your modifications in the Public Domain or otherwise make
them Freely Available, such as by posting said modifications to
Usenet or an equivalent medium, or placing the modifications on a
major archive site such as ftp.uu.net, or by allowing the
Copyright Holder to include your modifications in the Standard
Version of the Package.

b) use the modified Package only within your corporation or
organization.

c) rename any non-standard executables so the names do not
conflict with standard executables, which must also be provided,
and provide a separate manual page for each non-standard
executable that clearly documents how it differs from the Standard
Version.

d) make other distribution arrangements with the Copyright Holder.

4. You may distribute the programs of this Package in object code or
executable form, provided that you do at least ONE of the following:

a) distribute a Standard Version of the executables and library
files, together with instructions (in the manual page or
equivalent) on where to get the Standard Version.

b) accompany the distribution with the machine-readable source of
the Package with your modifications.

c) accompany any non-standard executables with their corresponding
Standard Version executables, giving the non-standard executables
non-standard names, and clearly documenting the differences in
manual pages (or equivalent), together with instructions on where
to get the Standard Version.

d) make other distribution arrangements with the Copyright Holder.

5. You may charge a reasonable copying fee for any distribution of this
Package. You may charge any fee you choose for support of this Package.
You may not charge a fee for this Package itself. However, you may
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6. The scripts and library files supplied as input to or produced as
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7. C or perl subroutines supplied by you and linked into this Package
shall not be considered part of this Package.

8. The name of the Copyright Holder may not be used to endorse or
promote products derived

Re: Bug#445998: ITP: eaccelerator -- PHP accelerator, optimizer, and dynamic content cache

2007-10-09 Thread Roberto C . Sánchez
On Tue, Oct 09, 2007 at 09:24:14PM +0200, Tim Dijkstra wrote:
 On Tue, 09 Oct 2007 21:29:38 +0400
 Alexander Gerasiov [EMAIL PROTECTED] wrote:
 
  Package: wnpp
  Severity: wishlist
  Owner: Alexander Gerasiov [EMAIL PROTECTED]
  
  * Package name: eaccelerator
Version : 0.9.5.2
Upstream Author : eaccelerator team http://eaccelerator.net/wiki/Team
  * URL : http://eaccelerator.net
  * License : GPL
Programming Lang: C
Description : PHP accelerator, optimizer, and dynamic content cache
 
  Some dummy packages available for now in my repository at
  http://gq.net.ru/debian
 
  I'm going to upload it after fixing some packaging issues. Feel free to
  kick me by mail, if I'm too slow.
 
 Are the license issues finally solved then? Last time I checked
 binaries were not distributable, see for example:
 
 http://www.mailarchives.org/list/debian-devel/msg/2005/08164
 
 grts Tim

Also, in one of the many discussions about this piece of software it
came out that original author of turck-mmcache (the software on which
eaccelerator is based) now works for Zend.  Zend produces a proprietary
(and expensive) accelerator-sort of product for PHP.  It is doubtful
that they would enable the distribution of something that they would see
as competing with their product.

I seem to recall that the people who took over eaccelerator had it in
mind to do a complete rewrite of the eccalerator code to break any link
with turck-mmcache, allowing them to relicense eaccelerator.  If that
rewrite is complete, then the software may be distributable.  However, I
have not looked into it for quite a while.

Regards,

-Roberto

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Re: Intel IA-32 EL License - ok for non-free?

2007-04-23 Thread Roberto C . Sánchez
On Mon, Apr 23, 2007 at 03:42:10PM -0600, dann frazier wrote:
 
  * Section 4: Updates requires commerically reasonable efforts to
supply our customers with updates that Intel distributes. If this
means we cannot say no to an update from Intel, that does not sound
reasonable for non-free. But perhaps we are exempt from this since
1) non-free isn't officially part of Debian and 2) we are a
non-commercial entity making commercially feasibility null? 
 
There is also the issue that Intel's update policy may not mesh well
with the stable release update policy.

What about a downloader that lives in contrib and just polls the Intel
site (or whatever, it can be cron-based or only happen when the admin
executes it) and downloads the whole thing, including any updates?

Regards,

-Roberto

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Re: Java in Debian advice result

2007-03-05 Thread Roberto C. Sanchez
On Mon, Mar 05, 2007 at 01:10:33PM +, Andrew Saunders wrote:
 On 2/28/07, John Goerzen [EMAIL PROTECTED] wrote:
 
 to summarize the situation here.  SPI's attorney has asked that his
 messages not be posted to public mailing lists for reasons of
 attorney-client privilege.
 
 Please could you elaborate on whom this secrecy is intended to
 protect, and in what way?
 
 I thought attorney-client privilege was a mechanism intended to
 protect sensitive information disclosed by the client to the attorney
 (facilitating honest and open communication without the client having
 to worry about information being leaked to enemies, competitors or the
 authorities). Assuming this is the case, it seems a bit strange that
 the request for secrecy should be coming from the *attorney*'s side...
 
 I could well be talking bollocks here, and I apologise in advance if
 that's the case, but I have to say that that's the inference I got.
 Clarification welcome.
 
(Standard IANAL lawyer disclaimers apply)

I thought that attorney-client privilege was something invoked (is that
the right word?) by the client.  The attorney can only invoke it if the
information he is being asked to reveal somehow reveals some protected
information of the client.  I would think that since SPI is the client,
they can unilaterally decide to make the information public.

Regards,

-Roberto

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Re: Java in Debian advice result

2007-03-05 Thread Roberto C. Sanchez
On Mon, Mar 05, 2007 at 10:23:40AM -0800, Sean Kellogg wrote:
 
 So, from the lawyer's perspective, it is a matter of client-attorney 
 privilege.  SPI now has to make the decision that full disclosure to the 
 public via d-l is worth the potential risk of losing that protection.  My 
 guess would be the lawyer has done the research on how one could bring suit 
 against Debian/SPI/3rd party and disclosure would be like handing a roadmap 
 to the enemy.  You generally want to make the cost of bringing suit against 
 you as high as possible to warred off long-shot litigation.
 
OK.  Makes perfect sense to me.

Regards,

-Roberto
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Re: What should be in debian/copyright when a gpl source now depends on openssl?

2007-02-26 Thread Roberto C. Sanchez
On Mon, Feb 26, 2007 at 05:04:24PM +0200, [EMAIL PROTECTED] wrote:
   I am not sure the subject accurately reflects the body of this message.
 
   Narcis Ilisei has the copyright to inadyn. He released it under the gpl.
 The source that he wrote is an http client of some sort Aand depends
 only on libc. Now opendns.com offers to download a modified version. 
 Their version adds an https support. I couldn't see any copyright notice
 for their version. opendns's version depends on
   -lcurl -lssl -lcrypto -ldl -lz -lkrb5support
 , where ssl is provided by openssl.
 
   Can debian distributes opendns's version? Assuming that opendns
 wrote their modifications by themselves, What should be put in
 debian/copyright?
 
   Is the following appropriate as debian/copyright:
 
 Thu, 22 Feb 2007 06:15:15 -0700
 
 Home page is http://inadyn.ina-tech.net .
 
 Upstream Author: Copyright (C) 2003-2005 Narcis Ilisei,
  [EMAIL PROTECTED]
  Copyright (C) 2006-2007 
 http://www.opendns.com
 
 License:
 
   Copyright (C) 2003-2005 Narcis Ilisei
   Copyright (C) 2006-2007 http://www.opendns.com
 
   This program is free software; you can redistribute it and/or modify it 
 under
   the terms of the GNU General Public License as published by the Free 
 Software
   Foundation; either version 2 of the License, or (at your option) any later
   version.
 
   This program is distributed in the hope that it will be useful, but WITHOUT
   ANY WARRANTY; without even the implied warranty of MERCHANTABILITY or 
 FITNESS
   FOR A PARTICULAR PURPOSE.  See the GNU General Public License for more
   details.
 
   You should have received a copy of the GNU General Public License along with
   this program; if not, write to the Free Software Foundation, Inc., 59 Temple
   Place, Suite 330, Boston, MA  02111-1307  USA
 
   On Debian systems, the full text of the GNU General Public License
   may be found in /usr/share/common-licenses/GPL.
 
That won't work as there is no SSL excpetion for the GPL.  You can check
the copyright file for the httperf to see how I handled this same issue.
There are others, but that is the only one I can think of off the top of
my head.

Regards,

-Roberto

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Re: [OT] mailing list subjects

2007-02-09 Thread Roberto C. Sanchez
On Fri, Feb 09, 2007 at 10:32:43AM +0100, Daniele Micci wrote:
 Hi, just a suggestion.
 Why don't you (the ML admins) tag each email in the ML inserting in 
 its subject some prefix (something like: [Debian-legal] subject of 
 email)? This could help those of us who often read emails using a web 
 interface.
 Thank you for reading, and forgive me for the OT.
 
Because it waste's space?  That's what server-side filtering is for.  If
you read mail in an 80 character wide terminal, then you will know that
many subject lines already get truncated.

Regards,

-Roberto

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Re: creative commons

2007-01-09 Thread Roberto C. Sanchez
On Mon, Jan 08, 2007 at 10:08:19PM -0800, Jeff Carr wrote:
 On 01/08/07 18:43, Roberto C. Sanchez wrote:
  On Mon, Jan 08, 2007 at 09:02:02PM -0800, Jeff Carr wrote:
  That's good, I'm not convinced that CC in any form isn't DFSG. :)
  It seems to me the CC is written with the same kind of mentality and
  intentions that the DFSG was written.
 
  Well, any non-commercial variant of the CC is a clear violation of DFSG
  #6 (No Discrimination Against Fields of Endeavor).
 
 Yes, I understand that. As a guideline, the DFSG is for the purposes
 of advancing the free software movement. I don't know why the Creative
 Commons guys added that option, but perhaps there was some really good
 reason for when it needs to be used.
 
 All I'm saying is that it's use needs to be evaluated when someone
 might choose to use it. I agree that I can't think of a valid use, but
 I'm not comfortable saying that I've ruled out the possibility that
 some valid use exists.
 
 Jeff

OK.  I misread your statement as something akin to all CC variants are
DFSG-compliant.  On closer inspection, that is clearly not what you
said :-)

Regards,

-Roberto

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Re: creative commons

2007-01-09 Thread Roberto C. Sanchez
On Wed, Jan 10, 2007 at 01:34:53AM +0100, Francesco Poli wrote:
 
 Hence, I don't know what the lawyers are looking for, but a license that
 grants too few permissions is not OK to me, even if it does so in a
 legally perfect manner.
 
It seems to me that you are looking at this as a sort of all or
nothing situation.  I don't think that is correct.

A license that grants what you consider to be too few permissions might
be too many for some.  Now if we were to rely only standard copyright,
then only the original creator would be permitted to distribute his
work.  Redistribution would be prohibited.  Now, if the creator decides
that he would like to permit free redistribution as long as the
redistributor does not realize a commercial gain, then fine.  That is an
improvement, because before that the redistributor would not have been
permitted to redistribute.  Depending on the situation, the creator may
have decided to create the work and give it away, as long others did
likewise without making money.

Now, is this situation perfect?  No.  I suppose the utopian ideal would
be something like ST:TNG, where we all endeavor in a field of our
choosing about which we are passionate solely for the purpose of self
actualization.  All knowledge is shared and there is no impediment to
its exchange.  Of course, as we live in the real world and are
predominantly driven by money as a society, we really can't do as they
do in ST:TNG.

Regards,

-Roberto

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Re: Is this legal? [RFP: djohn -- Distributed password cracker]

2007-01-04 Thread Roberto C. Sanchez
On Thu, Jan 04, 2007 at 01:25:08AM -0400, Jose Luis Rivas Contreras wrote:
 Hi,
 
 I was checking some old RFP's and I find this one. Is a little program
 that distribute the job of cracking passwords using John the Ripper.
 
 I think this is not totally legal to be packaged officially for Debian.
 
Some reason why you think it is illegal and *where* you think it is
illegal would be important and probably also generate a more fruitful
discussion than a simple claim of it's illegal with nothing else.

Regards,

-Roberto

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Re: PEAR / PHP License status

2006-12-08 Thread Roberto C. Sanchez
On Fri, Dec 08, 2006 at 10:05:52PM +0100, Sylvain Beucler wrote:
 Hi,
 
 What is the status of the discussion with PEAR (or PHP Group) about
 using the PHP license in some of the PEAR packages? [1][2]
 
 I'm currently in need of QuickForm (v3) in a GNU GPL'd application,
 but QuickForm is released under the PHP license, which is incompatible
 :/
 
If you are the author of said application, you could release under the
MIT or BSD-type license.

Regards,

-Roberto

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Re: Kernel Firmware issue: are GPLed sourceless firmwares legal to distribute ?

2006-10-18 Thread Roberto C. Sanchez
On Tue, Oct 17, 2006 at 11:42:14PM -0700, Thomas Bushnell BSG wrote:
 Anthony Towns aj@azure.humbug.org.au writes:
 
  On Tue, Oct 17, 2006 at 03:49:25PM -0400, Nathanael Nerode wrote:
  The answer to the question in the subject is simple: NO.
 
  Thankyou for your opinion. I note you seemed to neglect to mention that
  you're not a lawyer.
 
 So, do you have anything to say about what Nathanael said?  How does
 his not being a lawyer make his statement false?
 
I don't think the point was that the statement is false, rather that it
is unfounded.

Regards,

-Roberto

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Re: Kernel Firmware issue: are GPLed sourceless firmwares legal to distribute ?

2006-10-18 Thread Roberto C. Sanchez
On Tue, Oct 17, 2006 at 07:07:00PM -0700, Don Armstrong wrote:
 
 On Tue, 17 Oct 2006, Roberto C. Sanchez wrote:
  So what? Distributing GPL works *with* sources is also not clear of
  legal liability.
 
 Those liabilities occur in either case, so they're not particularly
 interesting to discuss. Doing something that is against the letter and
 spirit of a software license is just not a position that we should put
 ourselves in.
 
But they are interesting.  The original argument was about sourceless
firmware.  Consider these two cases:

1. distributing firmware without corresponding sources
2. distributing packages and source code to a patented implementation of
   something

In case 1, it depends on whether or not you consider (firmware ==
software) to be true.  If yes, then it is against the letter and the
spirit of the GPL.  That may require an actual court case to figure out.
If no, it is just against the spirit, but still legal.  In case 2, there
is no disputing that it is illegal, if software patents are indeed legal
in $jurisdiction.  Now, in such a case, it is agianst the spirit of the
GPL, while still in complete compliance with the letter of the GPL and
generally still illegal.

Regards,

-Roberto

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Re: Kernel Firmware issue: are GPLed sourceless firmwares legal to distribute ?

2006-10-18 Thread Roberto C. Sanchez
On Wed, Oct 18, 2006 at 02:16:04AM -0700, Don Armstrong wrote:
 
 Regardless, that distribution in compliance with relevant licenses
 doesn't necessarily absolve you of all liabilities is well known, and
 not an issue I'm terribly intersted in discussing in the abstract.
 [And if for some reason it was readable into my initial response, that
 was definetly not the intention.]
 
OK.  I'll drop it then.

Regards,

-Roberto
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Re: Kernel Firmware issue: are GPLed sourceless firmwares legal to distribute ?

2006-10-17 Thread Roberto C. Sanchez
On Tue, Oct 17, 2006 at 03:35:26PM -0700, Don Armstrong wrote:
 On Wed, 18 Oct 2006, Anthony Towns wrote:
  On Tue, Oct 17, 2006 at 03:49:25PM -0400, Nathanael Nerode wrote:
   The answer to the question in the subject is simple: NO.
  
  Thankyou for your opinion. I note you seemed to neglect to mention
  that you're not a lawyer.
 
 That should be abundantly apparent to anyone who has been paying
 attention. Regardless, it doesn't dismiss the crux of the argument:
 baring competent legal advice to the contrary,[1] distributing
 sourceless GPLed works is not clear of legal liability. Doing
 otherwise may put ourselves and our mirror operators in peril.
 
So what?  Distributing GPL works *with* sources is also not clear of
legal liability.

Regards,

-Roberto

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Offices have been closed permanently

2006-10-15 Thread Roberto Kennedy
 ,

Find out how to make 1.5 - 3.5k a day from your home.

800.671.9007

Ring me at my number if you can return calls.

Thanks,
Roberto Kennedy



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Re: Are source packages required to be DFSG-free? (was: Re: New bugs filed regarding non-free IETF RFC/I-Ds)

2006-10-03 Thread Roberto C. Sanchez
On Tue, Oct 03, 2006 at 04:59:03PM +0200, Simon Josefsson wrote:
 There is some discussion in one of the bug reports:
 
 http://bugs.debian.org/cgi-bin/bugreport.cgi?bug=390664
 
 (please read it first)
 
 The problem is essentially, if I understood it correctly, whether
 Debian source packages [in main] must be DFSG-free or not, or whether
 it is sufficient that Debian binary packages [in main] must be
 DFSG-free and that the source package is legally distributable.
 
 I'm not sure what the policy is here.  I thought the Debian Policy was
 that source packages must be DFSG-free too, but I can't find a precise
 quotation in the Debian Policy Manual and point to it.
 
IIRC, the rule is that sources and binaries must be DFSG free.
Otherwise, source CDs would fall under different rules than binary CDs.

Regards,

-Roberto

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Re: License review request: LinuxMagic FSCL

2006-09-26 Thread Roberto C. Sanchez
On Tue, Sep 26, 2006 at 10:04:28PM -0700, Ryan Finnie wrote:
 Greetings,
 
 I responded to an RFP[0] for packaging magic-smtpd[1], and need some
 help on the legal side.  I see 3 issues here:
 
 1. The license[2], also included below, has not been reviewed by the
 OSI, and is not used in any existing Debian package.  The company
 itself considers it open source, but I feel I am not qualified to
 make a determination.
 
 2. The software is designed to replace certain components of qmail,
 which is wholly non-free.  Even if the license is clean, does this
 make the software part of the non-free archive as well?  I guess
 theoretically you could write Free software that would interface with
 magic-smtpd...
 
Maybe contrib.  If it is deemed to be free and then depends on non-free
software to be functional, it would go into contrib.

 
   13.6 Dispute Resolution. Any litigation or other dispute resolution
 between You and THE WIZARDS relating to this License shall take place
 in the Province of British Columbia, and You and THE WIZARDS hereby
 consent to the personal jurisdiction of, and venue in, the state and
 federal courts within that Province with respect to this License. The
 application of the United Nations Convention on Contracts for the
 International Sale of Goods is expressly excluded.
 
   13.7 Entire Agreement; Governing Law. This License constitutes the
 entire agreement between the parties with respect to the subject
 matter hereof. This License shall be governed by the laws of Canada
 and the Provncie of British Columbia, except that body of British
 Columbia law concerning conflicts of law.  Where You are located in
 the province of Quebec, Canada, the following clause applies: The
 parties hereby confirm that they have requested that this License and
 all related documents be drafted in English. Les parties ont exigé que
 le présent contrat et tous les documents connexes soient rédigés en
 anglais.
 

I'm no legal expert, but I seem to recall that these type of venue
selection clauses make the licenses non-free.

Regards,

-Roberto
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Re: public domain, take ?$B!g

2006-09-25 Thread Roberto C. Sanchez
On Mon, Sep 25, 2006 at 10:56:27AM -0700, Daniel Gimpelevich wrote:
 Greetings! I'm fully aware that the opinions stated on this list have no
 bearing on anything, but I would still like to ask whether anyone here
 might have any ideas for improving the wording of the following license
 header:
 
 #!bin/bash
 #
 # Let this be known to all concerned: It is the specific intent of the
 # author of this script that any party who may have access to it always
 # treat it and its contents as though it were a work to which any and all
 # copyrights have expired.
 #
 
 I thought about s/author/sole author/ but decided against it as not
 generic enough. I can see how deciding against it may make it rather
 unclear as to whose intent is being expressed, but I think that would be
 rather moot anyway in the event of any dispute. I now cut the ribbon
 opening this to the free-for-all of opinions...
 

What about:

The author(s) of this script expressly place it into the public domain.

Regards,

-Roberto
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Re: selling web application access

2006-09-20 Thread Roberto C. Sanchez
On Wed, Sep 20, 2006 at 02:46:35PM +0200, Ottavio Campana wrote:
 Hi everybody,
 
 I'm writing here because I'm having a doubt on the GPL and I'd like to
 discuss it with you.
 
 Scenario: a software house develops a web application based on GPL
 software. It doesn't sell the application to customers, it sells the
 access to the application, which is installed, run and is maintained on
 the software house's server.
 
 Question: can the users ask for the application's source code? I mean,
 in the GPL only the case of software distribution is covered. But in
 this case the software isn't distributed, it remains in the software
 house's servers.
 
Probably not under GPL 2 or earlier.

 Selling access to an application is the same as distributing the
 application?
 
It is not the same thing.  One is a product (the code), the other is a
service (the access to it).  This is supposed to be specifically
addressed by GPL 3.

 Thank you for your answers.
 
 PS:I know it is not polite, but can you please CC: me? I did not
 subscribe the list.
 
Regards,

-Roberto

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Re: Hypocrisy of Debian (was: Sorry, no more RC bugs for non-free data in main ...)

2006-09-09 Thread Roberto Gordo Saez

On 9/5/06, Andreas Barth [EMAIL PROTECTED] wrote:

* Markus Laire ([EMAIL PROTECTED]) [060830 15:01]:
 This problem was mentioned in this list on _2004_ but cdrtools still
 hasn't been removed from Debian (see [2]). IMHO hypocrisy is perfect
 word to describe such behaviour.

This list isn't the place where everybody needs to jump if someone
sends a mail. If you want to make sure this issue is taken up, please
file an RC bug (what happened in the meantime), if it is an release
critical issue.


I would prefer to not continue with this, but I need to reply.

I've already mentioned in a previous mail, but I would want to present
my apologies again for the strong, abrasive, and maybe offending parts
of my responses.

But there is something I do not understand. Why this list is not the
place to put disagreements on the way legal issues are handled? I'm
sorry for the strong way of saying things I've used on some of my
mails. But, except the offensive wording which was a mistake for my
part, I think I should be allowed to disagree, and to publicly expose
my point of view, even when my point of view is negative.

If this list is not the place, where is it? debian-private?


As somebody filed an RC-bug against cdrtools for this reason, we knew
that we have to fix that prior to release of etch.


I prefer to not enter in the cdrtools issue, because I know almost
nothing about this bug. In fact, I was not aware of this license
incompatibility until now.

My claims are for the bugs that are downgraded, silently ignored or
allowed into the stable release because of several exceptions that I
do not see. And that is what I would want to say.


So, if you think something is an important issue, *you* need to make
sure it is actually mentioned in the right places. And please don't cry
because people are not jumping to conclusions, but take the proper time
to create a proper solution.


That is exactly I was trying to perform, searching for license
problems, reporting them, and also trying to help to solve them
whenever possible. I think that we all agree with this. The problem
starts when we disagree on how much important a particular issue is,
and a serious problem for myself is not serious for others.

Every person has a different point of view, this is perfectly normal.
But I think we have an important difference between Debian claims and
reality, and I would prefer to have less beautiful claims more close
to reality than ideal claims too far from reality.


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Re: Hypocrisy of Debian

2006-09-01 Thread Roberto Gordo Saez

Well, I've been reading the responses and I'm sorry for starting all
of this. I don't like this kind of discussions, they deeply depress
me, but it just happens that lately I'm getting involved frequently on
many of them. I want to say some things.

I hereby say that, in my subjective point of view, current Debian
Social Contract and policy are made of high quantities of hypocrisy. I
know this word may hurt some people, but it is not intended as a
insult. I acknowledge there are many people working hard to make fixes
[1], and even people who disagree with the importance of those bugs
appear to have their own reasons to do that. So, I don't think that
the word hypocrisy should be directed to a person in particular; I
just see that the result of Debian as a whole does not match with my
desired level of purity, this is a fact in my point of view.

Although clarified, I maintain my claims about hypocrisy. I absolutely
don't want anybody to feel insulted, but in case anybody does, I can
only say that I'm honestly sorry very much for hurting you, but my
claims are maintained. I also want to present my apologies for being
too strong in some of my messages. Some of my neurons got tickled, and
they are the ones that carry my deep fundamental and basics ethics.

Maybe I'm too serious about topics like copyright, laws, free
software, DFSG... but I can't change my mind (and not sure if I want
to). I can't see any exceptions in the current policy for free
software, and neither I see particular cases where it should be
relaxed [2]. That is the reason for myself being happy, until now,
with Debian; the rigid position for non-free and free software just
fits well into my mind.

Certainly, I would prefer things to not follow this path, but if most
people thinks that it is OK to get relaxed under certain
circumstances, all I can say is that an official clarification for all
those circumstances is much appreciated (like the one that it is
currently for firmware).

I'm not only referring to this particular bug. I've found one string
on one file that appears to be sufficient for everybody to agree in
the priority. More generally, I'm referring to any other case, like
giving priority to release in time, license incompatibilities, how
much time a package should be allowed in main with the bug unresolved,
how serious is not give credit for data or to suspect about the
procedence... all should be documented, please. This way, maybe I
would not agree with the policy, but at least I would feel it is
sincere, which is probably the main concern for myself in this moment.

I know of at least 5 more packages under the situation that we can
call unclear. I'm currently so much depressed to continue with the
goals I've previously posted here [3], but other people can continue
if they want, it is not hard to find those cases on packages that
contain icons, textures or sounds.

Notes:

[1] There are many positive examples. This bug in particular looks
very similar to the one I reported:
http://bugs.debian.org/cgi-bin/bugreport.cgi?bug=174456
[2] At least I have not found them, or I do not correctly interpreted
them in case they exists.
[3]  http://lists.debian.org/debian-legal/2006/08/msg00124.html


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Re: Bug#385115: Sorry, no more RC bugs for non-free data in main (was: Bug#385115: chromium-data: Unclear license for some files)

2006-08-31 Thread Roberto Gordo Saez

On 8/30/06, Steve Langasek [EMAIL PROTECTED] wrote:

The latter implies that all packages should have RC bugs on them because we
should not believe that any of the licenses and copyrights are what upstream
says they are.  How is that reasonable?


Forgive me if I'm wrong, but I think it is still not fully understood
what I mean.

I will try to explain the better I can. I'm not saying exactly this:

We should not believe X when we have no evidence that X is true.

Instead, I'm trying to say this:

I see that A says X+Y, not only X, and Y is so grave by itself to
kick immediately the package from main until solved.

If upstream had never said Y, I would never reported this bug, I would
never worried abut its legal status, and I would probably never
noticed the Copyright by Corel string.

Now, the question is, how are this kind of things (Y) supposed to be
handled? You say that it should be safe unless proven to be not. I
believe that the fact that Y exists it is just enough to be
incompatible with Debian policies, and the package should be blocked
immediately until clarified by upstream and corrected.

In case that Y is supposed to be handled the way you say, I will sadly
accept it, but I beg for policies to be updated. I currently feel
badly fooled by Debian free software claims, as I think they are not
true in practice. Sorry to say that, but it is just the truth on what
I believe now.

I honestly hope my position is clear now.


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Sorry, no more RC bugs for non-free data in main (was: Bug#385115: chromium-data: Unclear license for some files)

2006-08-30 Thread Roberto Gordo Saez

OK, you win, I will not continue with this. Do whatever you want with the bug.
I'm sending this message to debian-legal, in case other people care.

On 8/30/06, Steve Langasek [EMAIL PROTECTED] wrote:

For all you've said up to this point, the sound files being used could be in
the public domain; in which case the only controlling copyright is that
governing the packaging and support files.


OK, so I take files from the web and put them on packages. They could
be in public domain, so there is no problem unless someone find that
they are not, uh?

I think it is silly. Copyright does not work this way. Something
should be treated as copyrighted unless clearly stated it is under
public domain.


That they are unknown to *you* is not grounds for an RC bug claiming that
upstream is distributing files illegally.


And they are unknown to upstream. AFAIK, upstream does never claim
that those files are under artistic license nor under public domain.
It is not me. Why it is this so difficult to understand?


If you're going to claim that the license on these sounds is not what
upstream and the packaging claim it is, the burden of proof lies with you.


Again, upstream does not claim he is copyright holder, and license for
them is not specified. He only claims that he took the files from
other sources. Even if the files are free, credit should be provided,
and the origin clarified. As a positive example, look at this package
(monsterz-data), it is a example of someone who has taken the time to
correctly provided credits and copyright information for the included
wav files:

/usr/share/doc/monsterz-data/copyright

To put all copyrights and references in detail for code and data can
be boring, but omitting them makes no favor to free software. Please,
note that including source code for data files is a different issue.
This is about copyright problems on Debian main archive.

I'm getting tired of all of this. There are still an important number
of packages that carry unlicensed data with them, but I WON'T CONTINUE
reporting bugs. Believe it or not, I have lots of more exciting things
to do than searching for copyright problems and reporting them on my
free time. And instead of people helping me to solve the problems and
make Debian a better product, I got negative responses saying the
problem is myself.

Defending my position each time takes a lot of time (English is not my
native language and my level of English is rather poor). Things I'm
reporting are obviously not allowed by current Debian guidelines, so
justifying and fighting for them each time is a waste of my time.

If most people here thinks that we should not care about this, I would
prefer that guidelines to be updated in consequence, so people who
really care about this kind of copyright issues would know before
choosing to use Debian. So Debian will remain 100% free unless we got
sort of time for the next release, or something taken from the web is
public domain unless someone demonstrate that it is not...

So do not expect myself to give any more of my time to this. And you
can downgrade the priority again or even close the bug if you want, I
do not mind anymore.


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Re: Sorry, no more RC bugs for non-free data in main (was: Bug#385115: chromium-data: Unclear license for some files)

2006-08-30 Thread Roberto Gordo Saez

I strongly disagree with your arguments. It looks that we have
opposite way of thinking, so I will not reply to them, it is going to
nowhere. Don't worry, as I said, I won't continue searching for this.

If this is the common feeling here, I think I made a serious mistake
choosing Debian, because it does not follow my definition of freedom.
I would like to urge to change the Social Contract to be clarified
this in this case. I'm serious about that, it is no joke, because I
feel mislead. When reading it I was thinking I was doing the correct.
I was not sending those bugs because I am bad person, I was actually
thinking that was the common feeling and the correct think to do.

Currently, under my point of view, the Social Contract and guidelines
do not reflect reality, they are just hypocrisy. This is a subjective
view, I know, but I think I'm not the only person in the world who may
understand it this way, so please, clarify.

And in case your way of think is not the common feeling, please make a
poll or something. Until this is completely clear, I won't be morally
happy using nor giving my time to the Debian project, so you won't be
bothered with those bugs again.


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Re: Sorry, no more RC bugs for non-free data in main (was: Bug#385115: chromium-data: Unclear license for some files)

2006-08-30 Thread Roberto Gordo Saez

On 8/30/06, Raul Miller [EMAIL PROTECTED] wrote:

Steve Langasek has said, in essence

When A says X, and we have no evidence to the contrary,
we believe A.

Your objection, in essence seems to be

We should not believe X when we have no evidence that X
is true.


Well... more exactly, I try to say A does not say X, he says Y. And
we appear to differ on how much serious is Y.


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RC bugs for non-free data in main

2006-08-20 Thread Roberto Gordo Saez

I will start to fill bugs for packages containing data (sound, music,
images, textures, icons...) when its origin is not specified (see
below). Many of this bugs will be RC, because of legal issues; that is
the reason for asking first on this list.

I won't make an extensive search, but I will fill bugs anytime I found
by chance some of this:

1. Packages using unlicensed data when it is known they came from
non-free software will receive an RC bug. There appears to be several
of these, like games that rip data from other non-free commercial
games.

Example:
 package: powermanga-data
 file: /usr/share/games/powermanga/sounds/bonus4.wav
File has following strings: Windows 95 Utopia Sound Scheme, 1995
Microsoft Corporation, Utopia Question. Appears to be one of the
Windows standard sounds. It is non-free (and also non distributable at
all, not even on non-free section).

2. Packages using data from unknown sources sometimes will receive a
bug. Severity will vary depending of the case. If there are not reason
to think data is not original, it will be a whislist asking for
clarification of procedence of all works beside code. If there are
strong suspects that data comes from non-free sources, it may be an RC
bug.

Example:
package: chromium-data
Upstreams claims that music loops and raw sound effects were taken
from http://www.partnersinrhyme.com/ and http://www.findsounds.com/.
It is very likely for most of them to be non-free, as stated here:
http://www.findsounds.com/cpolicy.html

3. Packages using data taken from other free software should give
credits and point to the proper license for data, because sometimes
can be different than the one used for the program itself. Not as
critical as n.1, but it should be fixed anyways. Severity can be
relaxed in this case, I think.

This kind of problems are not new, they have been discussed before.
While we are more or less careful with code coming from unknown
places, it appears to me that we turn a blind eye on licensing other
data :-)
So, I'm sorry for growing up again the number of RC bugs, but I think
this is important to be fixed before etch release.


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Re: Sun Java available from non-free

2006-06-04 Thread Roberto C. Sanchez
Olaf van der Spek wrote:
 
 I guess the conclusion is that being a Debian developer means you're
 right and not being one means you're wrong?
 

More like, being a Debian developer means your arguments are ignored and
not being a Debian developer means your arguments are ignored (for a
completely different reason).

-Roberto

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KJV Bible - Crown Copyright in UK [was: Bug#338077: ITP: sword-text-kvj -- King James Version with Strongs Numbers and Morphology]

2005-11-08 Thread Roberto C. Sanchez
On Tue, Nov 08, 2005 at 06:16:52PM +0100, Lionel Elie Mamane wrote:
 (
  Please mail followups to:
  [EMAIL PROTECTED], debian-legal@lists.debian.org, [EMAIL PROTECTED], [EMAIL 
 PROTECTED]
 )
 
 On Tue, Nov 08, 2005 at 10:13:42AM -0500, Roberto C. Sanchez wrote:
  Quoting Lionel Elie Mamane [EMAIL PROTECTED]:
  On Mon, Nov 07, 2005 at 08:51:26PM -0500, Roberto C. Sanchez wrote:
 
 * License : Public Domain
   Description : King James Version with Strongs Numbers and Morphology
 
 This is the King James Version of the Holy Bible (also known as the
 Authorized Version) with embedded Strong's Numbers. The rights to
 the base text are held by the Crown of England.
 
  What rights are you speaking about? The text certainly is far too
  old for any copyright to hold and you yourself tag it as public
  domain. So what right is being spoken of here?
 
  Based on my understanding [0], the Crown of England maintains the
  perogative to authorize printings of the KJV text in Great Britain.
  It is in the public domain everywhere else.
 
 Ain't law fun? grin
 
 This makes the KJV of the bible non-free in GB and probably even
 illegal to distribute at all in GB, unless the Crown gives a blanket
 license for electronic distribution. Does it?
 
 According to the wikipedia article, we can escape this Crown Copyright
 if what the package will contain is an annotated Study Bible. The
 question is whether that thing will be annotated enough to be
 considered as such.
 
 Please investigate this before uploading to Debian.
 
  [0]
  http://en.wikipedia.org/wiki/King_James_Version_of_the_Bible#Copyright_status
 

Well, the CrossWire page does not have any warnings about distribution.
They are pretty good about putting warnings on texts that may still be
copyrighted in certain parts of the world, which is usually only a
concern for newer texts.

Additionally, the KJV text I downloaded from CrossWire contains all the
Strong's Hebrew and Greek numbers cross referenced to the text itself
and the sword-text-kjv package I made also suggests the
sword-dict-strongs-hebrew and sword-dict-strongs-greek packages the I
created.

The CrossWire page [0] also caims that their text is a derivative work
(probably becase of the integration of the Strong's references) and they
place it into the public domain.

If there is still an issue, I suppose we could start a non-GB section :-)

-Roberto

[0] http://www.crosswire.org/sword/modules/ModInfo.jsp?modName=KJV
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Re: KJV Bible - Crown Copyright in UK

2005-11-08 Thread Roberto C. Sanchez
On Tue, Nov 08, 2005 at 07:52:26PM +0100, Florian Weimer wrote:
 * Lionel Elie Mamane:
 
  Please investigate this before uploading to Debian.
 
 Or alternatively, depend on the bible-kjv-text package, which already
 is in main.
 

The text included in bible-kjv-text is not SWORD-compatible.  I looked :)

-Roberto

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Re: Is this OK to get httperf back into main?

2005-06-30 Thread Roberto C. Sanchez
[Please CC me, I am not on -legal]

On Wed, Jun 29, 2005 at 08:51:12PM -0700, Martin Arlitt wrote:
 Roberto
 
 all of the copyright holders have agreed to the exception.
 
 as for the rewording of the exception, I will have to check with the
 people who provided me with the exception that I sent you.  I won't be
 able to get an answer to you until after July 4th.
 
 Martin
 
That's fine.  I am more interested in doing this correctly (so the
problem does not resurface), rather than quickly.  As it stands, httperf
is no longer in the stable Debian distribution, so there is no need to
rush.

-Roberto

 
 On Wed, 29 Jun 2005, Roberto C. Sanchez wrote:
 
  [Please CC me, I am not on -legal]
 
  On Thu, Jun 30, 2005 at 01:10:07AM +0200, Francesco Poli wrote:
   On Wed, 29 Jun 2005 15:01:51 -0400 Roberto C. Sanchez wrote:
  
Is this OK to get httperf back into main?
  
   Assuming that
  
* httperf is currently released under the GNU GPL v2
  It is.
 
* the only issue that bans httperf from main is its linking against
  OpenSSL
  Aside from OpenSSL, it links to libc6.
 
* every copyright holder has agreed to grant a link exception
  I believe so.  Martin, is this statement true?
 
* httperf does not include or link against any other purely GPL'd work
  (i.e. with no link exception for OpenSSL)
  It does not.
 
  
   then yes, it seems that an appropriate link exception would suffice.
  
   [...]
In addition, as a special exception, the copyright holders
give permission to link the code of httperf with the OpenSSL
  
   I think that an
  
 s/of httperf/of this work/
  
   would improve the exception, as it would apply even to a
   differently-named modified version of httperf.
  
project's OpenSSL library (or with modified versions of it
that use the same license as the OpenSSL library), and
distribute the linked executables.
  
   Following
   http://www.fsf.org/licensing/licenses/gpl-faq.html#GPLIncompatibleLibs,
   the canonical phrasing suggests an
  
 s/the linked executables/linked combinations including the two/
  
  Martin, would you consider the suggested changes?
 
You must obey the GNU
General Public License in all respects for all of the code
used other than OpenSSL.  If you modify this file, you may
extend this exception to your version of the file, but you
are not obligated to do so.  If you do not wish to do
so, delete this exception statement from your version.
 
  -Roberto
 
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  http://familiasanchez.net/~sanchezr
 

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Is this OK to get httperf back into main?

2005-06-29 Thread Roberto C. Sanchez
Is this OK to get httperf back into main?

-Roberto

- Forwarded message from [EMAIL PROTECTED] -
Date: Wed, 29 Jun 2005 07:43:27 -0700 (PDT)
From: Martin Arlitt [EMAIL PROTECTED]
Reply-To: Martin Arlitt [EMAIL PROTECTED]
 Subject: Re: forwarded message from Roberto C. Sanchez
  To: Roberto C. Sanchez [EMAIL PROTECTED]

Roberto

here is the text of the exception.  please let me know if this is adequate
for your needs.

In addition, as a special exception, the copyright holders
give permission to link the code of httperf with the OpenSSL
project's OpenSSL library (or with modified versions of it
that use the same license as the OpenSSL library), and
distribute the linked executables.  You must obey the GNU
General Public License in all respects for all of the code
used other than OpenSSL.  If you modify this file, you may
extend this exception to your version of the file, but you
are not obligated to do so.  If you do not wish to do
so, delete this exception statement from your version.

thanks

Martin

- End forwarded message -


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Re: Is this OK to get httperf back into main?

2005-06-29 Thread Roberto C. Sanchez
[Please CC me, I am not on -legal]

On Thu, Jun 30, 2005 at 01:10:07AM +0200, Francesco Poli wrote:
 On Wed, 29 Jun 2005 15:01:51 -0400 Roberto C. Sanchez wrote:
 
  Is this OK to get httperf back into main?
 
 Assuming that
 
  * httperf is currently released under the GNU GPL v2
It is.

  * the only issue that bans httperf from main is its linking against
OpenSSL
Aside from OpenSSL, it links to libc6.

  * every copyright holder has agreed to grant a link exception
I believe so.  Martin, is this statement true?

  * httperf does not include or link against any other purely GPL'd work
(i.e. with no link exception for OpenSSL) 
It does not.

 
 then yes, it seems that an appropriate link exception would suffice.
 
 [...]
  In addition, as a special exception, the copyright holders
  give permission to link the code of httperf with the OpenSSL
 
 I think that an
 
   s/of httperf/of this work/
 
 would improve the exception, as it would apply even to a
 differently-named modified version of httperf. 
 
  project's OpenSSL library (or with modified versions of it
  that use the same license as the OpenSSL library), and
  distribute the linked executables.
 
 Following
 http://www.fsf.org/licensing/licenses/gpl-faq.html#GPLIncompatibleLibs,
 the canonical phrasing suggests an
 
   s/the linked executables/linked combinations including the two/
 
Martin, would you consider the suggested changes?

  You must obey the GNU
  General Public License in all respects for all of the code
  used other than OpenSSL.  If you modify this file, you may
  extend this exception to your version of the file, but you
  are not obligated to do so.  If you do not wish to do
  so, delete this exception statement from your version.

-Roberto

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Re: Request for a sponsor for Felix

2005-05-26 Thread Roberto C. Sanchez
On Fri, May 27, 2005 at 10:44:49AM +1000, John Skaller wrote:
 
 Felix is a 'free for any use' open source advanced

License text [0]:



Licence

Copyright (C) 2004 John Skaller.

Felix is Free For Any Use.

Redistribution and use in source and binary forms, with or without
modification, are permitted. 



No offense, but you might want to consider using one of the many
licenses out there [1].  They are much more well understood and have
been well thought out.  Your license may leave out things that become
important in the future.  Based on what your license is trying to say,
you may want to consider the MIT/X license, BSD (w/o advertising
clause), or public domain.

IANAL, but I have seen enough discussions about license issues becuase
someone wrote their own and forgot something to think that it is usually
a Bad Idea(TM).

-Roberto


[0] http://felix.sourceforge.net/current/www/licence.html
[1] http://zooko.com/license_quick_ref.html
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Re: License question about regexplorer

2005-05-24 Thread Roberto C. Sanchez

Quoting Roberto C. Sanchez [EMAIL PROTECTED]:


Florian Weimer wrote:



QPL is usually considered free, but its use is discouraged.  An
additional exception, as granted by OCaml for example, can improve
things.


Even though the license says this:

You must ensure that all recipients of the machine-executable forms
are also able to receive the complete machine-readable source code to
the distributed Software, including all modifications, without any
charge beyond the costs of data transfer, and place prominent notices
in the distribution explaining this.

Is this not similar to placing a restriction that binary distribution
must be at no cost, or something similar?  Is it OK in this case
beacuse it only mandates that access to the source must be at no cost?
I know that this OK in the case of Debian distributing the source,
since there is no charge for people to access the mirrors, but I
don't see how this complies with DFSG #1.  If I want to sell someone
a QPL program, I can only sell the binary and must give away the source.
So is the source not part of the program for the purposes of DFSG #1?

I don't mean to be belligerent.  I just want to make sure I understand.



I talked with Branden yesterday and he explained this rather clearly.
The requirement in the QPL is no different than the requirement in the
GPL that source either accompany the binary, or that a written offer
be extended, good for 3 years, blah, blah, only charge a reasonable amount
for copying and all that.

Sorry for the misunderstanding.  I withdraw my question.

-Roberto

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Re: [Fwd: [gnu.org #243939] Question about 3-clause BSD and GPL compatibility]

2005-05-24 Thread Roberto C. Sanchez
Bas Zoetekouw wrote:
 Hi Roberto!
 
 You wrote:
 
 
Per Branden's request, I am forwarding this to -legal.
FSF says that the 3-clause BSD-type license is GPL-compatible.
 
 
http://cvs.sourceforge.net/viewcvs.py/wx4j/modules/wx4j/LICENSE.TXT?rev=1.2view=markup
 
 ddd 
 
 This is not a 3-clause BSD license, but rather an MIT/X11-like one,
 which is indeed compatible with the GPL
 

Thanks for the clarification.

-Roberto

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Re: License question about regexplorer

2005-05-21 Thread Roberto C. Sanchez
Florian Weimer wrote:
 * Roberto C. Sanchez:
 
 
I have been recently checking out packages up for adoption or
already orphaned.  In the process I came across regexplorer [0].
Here are the dependencies of regexplorer and their respective
licenses (as I understand it):

* libc6 (LGPL)
* libgcc1 (GPL w/ exception)
* libqt3c102-mt (QPL/GPL)
* libstdc++5 (GPL)
* libx11-6 (MIT/X)
* libxext6 (MIT/X)
 
 
 And the problem is that regexplorer is licensed under the plain QPL?
 
Yes.
 
My question is this.  Is Debian accepting QT3 under the GPL or the
QPL?
 
 
 As far as I know, Debian complies with the QPL requirements, so we can
 choose between QPL and GPL on a per-application basis.
 
OK. So if someone offers a program under a dual license, it is possible
to accept it under the terms of both licenses at the same time?

 
Specifically:

(1) is the exception for libgcc1 sufficient for regexplorer to link?
 
 
 Yes, as long as you use GCC to compile regexplorer.
 
 
(2) is QT3 in Debian via QPL or GPL?
 
 
 It's dual-licensed.
 
Same question as above.
 
(3) is libstdc++5 actually GPL w/o exception?
 
 
 No, all source files should be covered by the usual exception.  If
 they aren't, upstream considers this a bug.
 
Oops.  I went back and read the copyright file and saw right where
I missed it.

 
Additionally, it seems like QPL licensed code can't be in main
 
 
 QPL is usually considered free, but its use is discouraged.  An
 additional exception, as granted by OCaml for example, can improve
 things.

Even though the license says this:

You must ensure that all recipients of the machine-executable forms
are also able to receive the complete machine-readable source code to
the distributed Software, including all modifications, without any
charge beyond the costs of data transfer, and place prominent notices
in the distribution explaining this.

Is this not similar to placing a restriction that binary distribution
must be at no cost, or something similar?  Is it OK in this case
beacuse it only mandates that access to the source must be at no cost?
I know that this OK in the case of Debian distributing the source,
since there is no charge for people to access the mirrors, but I
don't see how this complies with DFSG #1.  If I want to sell someone
a QPL program, I can only sell the binary and must give away the source.
So is the source not part of the program for the purposes of DFSG #1?

I don't mean to be belligerent.  I just want to make sure I understand.

-Roberto

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License question about regexplorer

2005-05-20 Thread Roberto C. Sanchez
I have been recently checking out packages up for adoption or
already orphaned.  In the process I came across regexplorer [0].
Here are the dependencies of regexplorer and their respective
licenses (as I understand it):

* libc6 (LGPL)
* libgcc1 (GPL w/ exception)
* libqt3c102-mt (QPL/GPL)
* libstdc++5 (GPL)
* libx11-6 (MIT/X)
* libxext6 (MIT/X)

My question is this.  Is Debian accepting QT3 under the GPL or the
QPL?  According the FSF FAQ on licenses [1], the QPL says that
modified sources must be distrubted as patches, and that linking
to GPL code requires a license exception.  However, it gets a bit
more complex.  I know that this has more or less been discussed
before [2], but I think the circumstances have changed.

Specifically:

(1) is the exception for libgcc1 sufficient for regexplorer to link?
(2) is QT3 in Debian via QPL or GPL?
(3) is libstdc++5 actually GPL w/o exception?

It seems that if any of those fails, then regexplorer can't link to
them unless it is relicensed.

Additionally, it seems like QPL licensed code can't be in main (which
may or may not affect QT and any packages that depend on it, depending
on how Debian chooses to make QT available), at least under the version
used by regexplorer [3]  [4]:

QPL:
3. You may make modifications to the Software and distribute your
modifications, in a form that is separate from the Software, such as
patches. The following restrictions apply to modifications:

ME:
Ok.  This is not reall a problem, since we distribute source as a
.orig.tar.gz and a .diff.gz.  This is clearly seperate.

QPL:
a. Modifications must not alter or remove any copyright notices in
the Software.

ME:
No problem here either.

QPL:
b. When modifications to the Software are released under this
license, a non-exclusive royalty-free right is granted to the initial
developer of the Software to distribute your modification in future
versions of the Software provided such versions remain available under
these terms in addition to any other license(s) of the initial developer.

ME:
Does this mean that the Debian-specific packaging must be QPL licensed?
It is a patch modification to the source.  I presume that non-exclusive
means Debian can continue to distribute the modifications themselves
under other terms, e.g., the GPL.  But, I think this implies the
modifications must at least be dual/licensed.

QPL:
4. You may distribute machine-executable forms of the Software or
machine-executable forms of modified versions of the Software, provided
that you meet these restrictions:

ME:
Ok.  At least there is a chance to distribute the modified binaries.

QPL:
a. You must include this license document in the distribution.

ME:
No sweat.

QPL:
b. You must ensure that all recipients of the machine-executable
forms are also able to receive the complete machine-readable source code
to the distributed Software, including all modifications, without any
charge beyond the costs of data transfer, and place prominent notices in
the distribution explaining this.

ME:
Does this even comply with DFSG?  This would imply that if make a CD
which includes regexplorer (which is in main), then I can't charge
money for it above the cost of duplication.

QPL:
c. You must ensure that all modifications included in the
machine-executable forms are available under the terms of this license.

ME:
Not sure how that affects Debian's distribution of the package.

Sorry if this has already been discussed, but I am trying to wrap my
head around this.  Also, please CC me on all replies, as I am not
subcribed to -legal.

-Roberto

[0] http://pacakges.debian.org/regexplorer
[1] http://www.fsf.org/licensing/licenses/index_html#GPLIncompatibleLicenses
[2] http://lists.debian.org/debian-legal/2000/01/msg00203.html
[3]
http://cvs.sourceforge.net/viewcvs.py/*checkout*/regexplorer/regexplorer/QPL.html?rev=1.1.1.1
[4]
http://packages.debian.org/changelogs/pool/main/r/regexplorer/regexplorer_0.1.6-12/regexplorer.copyright

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

2005-05-18 Thread Roberto C. Sanchez
Peter Samuelson wrote:

 I know at least one developer on a prominent open source project who
 believes otherwise, and claims to be prepared to revoke their license
 to her code, if they do certain things to piss her off.  Presumably
 this is grounded on the basis of her having received no consideration,
 since it's a bit harder to revoke someone's right to use something they
 bought and paid for.  It is also possible that she's a looney.
 
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
to quite releasing new versions of the software or release newer
versions under a more restrictive license.  That, or hope everyone
who receives the code violates the GPL (since that is about the only
you lose your rights under it after the fact).

 Yes, I'm aware that if it's possible to revoke the GPL, it fails the
 Tentacles of Evil test, and GPL software would be completely unsuitable
 for any serious deployment.  Note, however, that but it *can't* be
 that way because if it is, we're all in trouble is not a very strong
 argument.

But it can't be done, period.

Reference: http://www.gnu.org/philosophy/free-sw.html

In order for these freedoms to be real, they must be irrevocable as
long as you do nothing wrong; if the developer of the software has the
power to revoke the license, without your doing anything to give cause,
the software is not free.

-Roberto

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Re: Question on gnuplot licensing and why it is in main

2005-03-03 Thread Roberto C. Sanchez
Henning Makholm wrote:
No, because the quoted license explicitly allows the distribution of
binaries built from modified sources. That kind of patch-clause
licenses is specifically blessed by DFSG #4.
OK.  I think understand.  qmail and pine are non-free because they
disallow binary distribution, period.  gnuplot can go into main since
the Debian project distributes sources as a .orig.tar.gz and a .diff.gz
(except for native Debian packages like apt)?
For instance, if DFSG required the ability to distribute complete
modified source as one monolithic entity, then that would be
incompatible. Correct?  I am just trying to make sure that I understand
this, for my own edification.
-Roberto
P.S. Please CC me, as I am not subscribed to -legal.
--
Roberto C. Sanchez
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Question on gnuplot licensing and why it is in main

2005-03-02 Thread Roberto C. Sanchez
While looking at the gnuplot documentation (trying to figure out
how to make a bar graph) I came across this in the FAQ:
1.6 Legalities
Gnuplot is freeware authored by a collection of volunteers, who cannot
make any legal statement about the compliance or non-compliance of
gnuplot or its uses. There is also no warranty whatsoever. Use at your
own risk.
Citing from the README of a mathematical subroutine package by R. Freund:
For all intent and purpose, any description of what the codes are
doing should be construed as being a note of what we thought the codes
did on our machine on a particular Tuesday of last year. If you're
really lucky, they might do the same for you someday. Then again, do you
really feel *that* lucky?
1.7 Does gnuplot have anything to do with the FSF and the GNU project?
Gnuplot is neither written nor maintained by the FSF. It is not covered
by the General Public License, either. It used to be distributed by the
FSF, however, due to licensing issues it is no longer.
Gnuplot is freeware in the sense that you don't have to pay for it.
However it is not freeware in the sense that you would be allowed to
distribute a modified version of your gnuplot freely. Please read and
accept the Copyright file in your distribution.
So, I checked the copyright file and found this:
 * Permission to modify the software is granted, but not the right to
 * distribute the complete modified source code.  Modifications are to
 * be distributed as patches to the released version.  Permission to
 * distribute binaries produced by compiling modified sources is granted,
 * provided you
 *   1. distribute the corresponding source modifications from the
 *released version in the form of a patch file along with the binaries,
 *   2. add special version identification to distinguish your version
 *in addition to the base release version number,
 *   3. provide your name and address as the primary contact for the
 *support of your modified version, and
 *   4. retain our contact information in regard to use of the base
 *software.
 * Permission to distribute the released version of the source code along
 * with corresponding source modifications in the form of a patch file is
 * granted with same provisions 2 through 4 for binary distributions.
This seems very similar to the pine and qmail licenses
(http://www.fsf.org/licensing/licenses/license-list.html#NonFreeSoftwareLicense)
which would make it non-free.  Is this correct?  Should a bug be filed
against the gnuplot* packages?
-Roberto
P.S.  please CC me as I am not subscribed to -legal
--
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OpenPBS/Torque license conclusion?

2004-03-12 Thread Roberto Gordo Saez
From the threads 
http://lists.debian.org/debian-legal/2004/debian-legal-200402/msg00108.html
and http://lists.debian.org/debian-legal/2004/debian-legal-200403/msg00208.html,
i think that the license for Torque and OpenPBS are not acceptable,
because there is not consensus and people complained for many annoyances in
the license text. I also noticed those annoyances, and this is the reason
for which i've asked for opinions... so i agree with many of them.

:-(

It looks like people have tried to contact previously with the copyright
holder, does anybody know of a response or a negotiation currently in
process?

-- 
Roberto Gordo Saez - Free Software Engineer
Linalco Especialistas en Linux y Software Libre
http://www.linalco.com/  Tel: +34-914561700



License for the Torque Resource Manager (RFC)

2004-03-11 Thread Roberto Gordo Saez
| NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE,
| EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
| 
| This license will be governed by the laws of the Commonwealth of Virginia,
| without reference to its choice of law rules.

AFAIK:

- Has the BSD advertising clause - GPL incompatible.

- Source must be provided (like the GPL).

- The expiration clause is dated in the past, so i think that sections 1
  and 2 can't be enforced anymore. If we ignore those clauses, there is little
  information about redistribution remaining in the text, but i think that
  the permissive notice in the header is sufficient.

- Looks like it is DFSG-free (please, confirm).

Comments, aditional information are welcome, including concerns about the
license. I want to be sure that the license is acceptable.

-- 
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Linalco Especialistas en Linux y Software Libre
http://www.linalco.com/  Tel: +34-914561700



Re: Packages with non-original copyrighted sounds

2003-06-07 Thread Roberto Gordo Saez
Thomas Uwe Gruettmueller wrote:
 It is also urgently needed for the creation of free music that is
 not necessarily used by free programs. Due to the lack of free
 samples, composers are currently forced into the creation of
 non-free music.

That's a similar problem to the font's one, i guess. It is really hard
to make professional quality, original samples. Almost all samples
that are distributed as freeware are extracted from digital
synthesizers, actually copyrighted by the instrument manufacturer, and
definitely not free.

 The DFSG does not really care about these things, and if it did,
 the GPL and the BSD would not qualify as free if applied on
 non-program-works. This means that Debian cannot become entirely
 free regarding the rights listed above in the near future, but
 it should be possible to create a subset of Debian that uses a
 clarified DSFG6 clause and thus cares about the above rights.

Are public domain files (true public domain, copyright declined by the
author) also restricted by default?

-- 
Roberto Gordo - Free Software Engineer
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Tel: +34-915970074 Fax: +34-915970083
http://www.linalco.com/



Re: Packages with non-original copyrighted sounds

2003-06-07 Thread Roberto Gordo Saez
Found another one: package powermanga-data is shipped with a sound that
comes from Windows 95 sounds (file bonus4.wav). The file contains the
strings Microsoft Corporation and Windows 95 Utopia Sound Scheme.

Should bugs be filled against mentioned packages?

-- 
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Tel: +34-915970074 Fax: +34-915970083
http://www.linalco.com/



Re: Packages with non-original copyrighted sounds

2003-05-26 Thread Roberto Gordo Saez
On Mon, May 26, 2003 at 01:03:28AM -0400, Anthony DeRobertis wrote:
 It is very likely that the same occurs with icons, images and other
 artwork.
 
 A lot of the icons in, e.g., GNOME are Tigert's original works.

Yes, they are. But it is easy to find other cases; this is from SciTE
source file gtk/pixmapsGNOME.h:

// Set of images for tool bar buttons
// Icons  Copyright(C) 1998  by  Dean S. Jones
// http://jfa.javalobby.org/projects/icons/
// Modified to have same names as tigert.h
// Not really anything to do with Gnome - just calling this
// file pixmapsGNOME to fit in with previous code.
[...]


The icons can be downloaded from
http://sourceforge.net/projects/icon-collection/, since the main site
does not work. The README file says:

[...] You are free to
use them [the icons] in your programs,   but I am retaining Copyright,
and they
can not be used in any books, CD-ROM's,
Web pages, or any other form of image collection without my consent.  I
ask that if you do use them to drop
me some e-mail at [EMAIL PROTECTED], also, if a screen shot of your
application using these icons is available I
will add a link to it from this page. I would please me greatly if you
would add a little blurb in something like a
``Help about..'' screen like:

 Icons  Copyright(C) 1998  by  Dean S. Jones
 [EMAIL PROTECTED] www.gallant.com/icons.htm
[...]


Anyway, from the feedback received from my previous message it seems to
me that very few people care about that nor consider it to be a
problem.

Regards.

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Linalco Especialistas en Linux y Software Libre
Tel: +34-915970074 Fax: +34-915970083
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Packages with non-original copyrighted sounds

2003-05-23 Thread Roberto Gordo Saez
While looking at the game chromium came to me the idea of taking some of
the sound effects and loops for other unrelated tasks, so i skimmed
through readme and copyright files. Since only the license for the whole
game is there (the same that is in the upstream sources), i've assumed
that the individual sounds are under the same terms. But casually i
found this in chromium's homepage:

Music Loops and raw Sound Effects from:
Partners in Rhyme [http://www.partnersinrhyme.com/]
FindSounds.com [http://www.findsounds.com/]

That make me suspect that the sounds are under a different license or,
at least, requires a different copyright citation or author acknowlegde
than the game itself when used individually.

www.findsounds.com is a search service for sound files in the Web, and
states that the sounds may be copyrighted, with a disclaimer:
http://www.findsounds.com/cpolicy.html

That does not look good to me. Not sure, but seems like a bunch of files
with unknown copyright.

Please, note that i do not want to restart here the discussion for
whether data that is not software should be strictly adjust to the DFSG
or not (although personally, i would really appreciate that, or at least
a clear identification).

Since that, i looked into some old games that remains installed in my
system since years, and i quickly found this:

- mirrormagic and rocksndiamonds:

Music by Tangerine Dream, ripped from albums by this group. The files
are very short fragments repeated in a loop.

- xboing:

Years ago i recognized a sound that was ripped from the movie Aliens,
when a soldier (don't remember name) says Game over man!. I've never
gave importance to this (until now ;-)

Please, note that i'm not a lawyer and have no idea of the legal issues
with such sort samples, but this is not what i want to emphasize here.

I looked only at 4 programs and all contains non-original sounds! I am
sure that there are many more... but that not only affect to games.
Package timidity-patches has been in Debian main (and is still there),
and turned out to be non-free (completely non-free, not even suitable
for the non-free section). See
http://lists.debian.org/debian-legal/2002/debian-legal-200209/msg00099.html

It seems that also many (probably all) tracked music files (XM, IT, MOD)
included in Debian packages contain unidentified or ripped samples.

IMHO, i believe that there are an urgent need for a library of free
sound, music, samples, etc. to take as a base to ease the creation of
free software which need sounds. The library should asure at least that:

- The author of each file is clearly identified and acknowledged.
- License is sufficiently permissive to be clearly compatible with
  Debian guidelines.

It is very likely that the same occurs with icons, images and other
artwork. Maybe i am a little strict with that issues ??. Comments and
ideas are apreciated.

--
Roberto Gordo - Free Software Engineer
Linalco Especialistas en Linux y Software Libre
Tel: +34-915970074 Fax: +34-915970083
http://www.linalco.com/



Re: Question on wxWindows packages

2003-05-03 Thread Roberto Sanchez
 --- Adam Warner [EMAIL PROTECTED] escribió:  Hi Roberto Sanchez,

 Roberto, this is a standard permissive MIT/BSD-style licence that has no
 advertising clause and is GPL compatible. The ambiguity in the without
 fee section is frequently misinterpreted (it means you can do everything
 listed without payment of any fee to the licensor). For this reason it's
 best left as an historical licence and not used for new software projects.
 The OSI calls it the Historical Permission Notice and Disclaimer:
 http://www.opensource.org/licenses/historical.php
 
 The GPL-incompatible BSD advertising clause is different from a copyright
 notice appearing in the supporting documentation. You can read about the
 advertising clause here: http://www.gnu.org/philosophy/bsd.html.
 
 Welcome to Debian.
 
 Regards,
 Adam
 

Adam,

Thanks for the info.  Those links provided some good reading.

-Roberto


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Question on wxWindows packages

2003-05-02 Thread Roberto Sanchez
I came across the following while reading the wxWindows documentation (from the
wxwin2.4-doc package):

We also acknowledge the author of XFIG, the excellent Unix drawing tool, from
the source of which we have borrowed some spline drawing code. His copyright is
included below.

XFig2.1 is copyright (c) 1985 by Supoj Sutanthavibul. Permission to use, copy,
modify, distribute, and sell this software and its documentation for any
purpose is hereby granted without fee, provided that the above copyright notice
appear in all copies and that both that copyright notice and this permission
notice appear in supporting documentation, and that the name of M.I.T. not be
used in advertising or publicity pertaining to distribution of the software
without specific, written prior permission. M.I.T. makes no representations
about the suitability of this software for any purpose. It is provided as is''
without express or implied warranty.


This text can be found at the following URL after apt-get'ing wxwin2.4-doc:
file:///usr/share/doc/wxwin2.4-doc/wxWindows-manual.html/wxwin9.htm#topic6

It is my understanding that requirement to preserve the copyright notice and
persmission notice are something from a BSD-type license.  Is this compatible
with the GPL?  Does this apply to only the documentation package or also to the
others (since the code would be in the library and development packages)?

I am pretty sure that all or most of the wxwindows packages are in the main
part of the repository.  Do they belong in nonfree or contrib because of this?

I apologize if this has been asked before or if I am off base, but I am still
learning my way around Debian.

-Roberto Sanchez


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Re: Timidity-patches eek

2002-09-07 Thread Roberto Gordo Saez
David Given [EMAIL PROTECTED] wrote:
 Looking into it, timidity-patches turns out to have been put together
 from patch files taken from the Midia patch set, distributed with the
 Midia MIDI renderer that ran on SGI workstations. Midia and its patch

Yes, i've been suspecting that, because of the FreeBSD legal file. Timidity is 
considered non-free by FreeBSD:

(http://www.freebsd.org/cgi/cvsweb.cgi/ports/LEGAL?rev=1.254content-type=text/x-cvsweb-markup)

DistPortWhy
--
[...]
timidity-*  ports/audio/timidityUses copyrighted patches.


Well, the program is free (should go into contrib?).

If you are looking for collection of instruments, give a look at samplenet 
(samplenet.co.uk). They have an enormous collection of original, non 
copyrighted, public domain samples both in wav and mp3 for free download, with 
multiple samples for each instrument.

Unfortunately, the site is closed now, but they say that it is for a short 
time while the data is reorganized.

I wonder how difficult will be to make a new set of patches for timidity... any 
volunteer?