BOLA licence (darcsweb): free or not?

2006-01-08 Thread Stephane Bortzmeyer
It seems DFSG-free to me but who knows?


I don't like licenses, because I don't like having to worry about all this
legal stuff just for a simple piece of software I don't really mind anyone
using. But I also believe that it's important that people share and give back;
so I'm placing darcsweb under the following license, so you feel guilty if you
don't ;)


BOLA - Buena Onda License Agreement
---

This work is provided 'as-is', without any express or implied warranty. In no
event will the authors be held liable for any damages arising from the use of
this work.

To all effects and purposes, this work is to be considered Public Domain.


However, if you want to be Buena onda, you should:

1. Not take credit for it, and give proper recognition to the authors.
2. Share your modifications, so everybody benefits from them.
4. Do something nice for the authors.
5. Help someone who needs it: sign up for some volunteer work or help your
   neighbour paint the house.
6. Don't waste. Anything, but specially energy that comes from natural
   non-renovable resources. Extra points if you discover or invent something
   to replace them.
7. Be tolerant. Everything that's good in nature comes from cooperation.

The order is important, and the further you go the more Buena onda you are.
Make the world a better place: be Buena onda.




Re: GR Proposal: GFDL statement

2006-01-05 Thread Stephane Bortzmeyer
On Tue, Jan 03, 2006 at 09:17:24PM -0500,
 Nathanael Nerode [EMAIL PROTECTED] wrote 
 a message of 19 lines which said:

 I think -legal came to a very definite consensus that licensing the
 documentation under the exact same license as the program was always
 the right thing to do.

I agree. In some countries (I checked for France), it is the default
(the documentation of a software is regarded as software).

 It saves *so* much trouble.

But not all documentation is attached to a software. For instance, if
I write a book Software development on Debian, releasing it under
the GFDL is still the reasonable thing to do.


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Re: GR Proposal: GFDL statement

2006-01-05 Thread Stephane Bortzmeyer
On Thu, Jan 05, 2006 at 12:08:23PM +0100,
 Wouter Verhelst [EMAIL PROTECTED] wrote 
 a message of 15 lines which said:

  I write a book Software development on Debian, releasing it under
  the GFDL is still the reasonable thing to do.
 
 Not if you want it to be part of Debian.

It still works for the rest of the world which is large enough for my
Wikipedia contributions (GFDL) and my lectures (GFDL too).


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[EMAIL PROTECTED]: I-D ACTION:draft-bradner-rfc-extracts-01.txt]

2005-07-11 Thread Stephane Bortzmeyer
There have been many debates on the freeness of IETF RFCs so here is
an opportunity to influence it.
---BeginMessage---
A New Internet-Draft is available from the on-line Internet-Drafts directories.


Title   : Extracting RFCs
Author(s)   : S. Bradner
Filename: draft-bradner-rfc-extracts-01.txt
Pages   : 3
Date: 2005-7-8

Many people have expressed a desire to extract material from IETF
   RFCs for use in documentation, textbooks, on-line help systems, and
   for similar uses. In addition, some IETF RFCs contain MIBs and other
   types of program code that could be compiled. This document proposes
   an update to RFC RFC3978 to explicitly permit extracting material for
   a wide range of uses.

A URL for this Internet-Draft is:
http://www.ietf.org/internet-drafts/draft-bradner-rfc-extracts-01.txt

To remove yourself from the I-D Announcement list, send a message to 
[EMAIL PROTECTED] with the word unsubscribe in the body of the message.  
You can also visit https://www1.ietf.org/mailman/listinfo/I-D-announce 
to change your subscription settings.


Internet-Drafts are also available by anonymous FTP. Login with the username
anonymous and a password of your e-mail address. After logging in,
type cd internet-drafts and then
get draft-bradner-rfc-extracts-01.txt.

A list of Internet-Drafts directories can be found in
http://www.ietf.org/shadow.html 
or ftp://ftp.ietf.org/ietf/1shadow-sites.txt


Internet-Drafts can also be obtained by e-mail.

Send a message to:
[EMAIL PROTECTED]
In the body type:
FILE /internet-drafts/draft-bradner-rfc-extracts-01.txt.

NOTE:   The mail server at ietf.org can return the document in
MIME-encoded form by using the mpack utility.  To use this
feature, insert the command ENCODING mime before the FILE
command.  To decode the response(s), you will need munpack or
a MIME-compliant mail reader.  Different MIME-compliant mail readers
exhibit different behavior, especially when dealing with
multipart MIME messages (i.e. documents which have been split
up into multiple messages), so check your local documentation on
how to manipulate these messages.


Below is the data which will enable a MIME compliant mail reader
implementation to automatically retrieve the ASCII version of the
Internet-Draft.
ftp://ftp.ietf.org/internet-drafts/draft-bradner-rfc-extracts-01.txt

___
I-D-Announce mailing list
I-D-Announce@ietf.org
https://www1.ietf.org/mailman/listinfo/i-d-announce
---End Message---


Microsoft :-) Sender-ID Licence

2004-08-24 Thread Stephane Bortzmeyer
The MARID Working Group of IETF
(http://www.ietf.org/html.charters/marid-charter.html) is close to
settle on its Sender-ID protocol.

Microsoft claims patents on some parts of Sender-ID
(http://www.imc.org/ietf-mxcomp/mail-archive/msg03495.html).

Microsoft drafted a licence for those wishing to implement
Sender-ID. I've found it small enough to be attached here but,
otherwise, it is at
http://www.imc.org/ietf-mxcomp/mail-archive/msg03496.html and has a
FAQ at http://www.imc.org/ietf-mxcomp/mail-archive/msg03497.html.

It is not common to have Microsoft licences in debian-legal :-) I do
not send it here for a specific software but because the possibility
of IETF standardizing a technology which depends on a patent with a
non-free licence is worrying. I believe this licence is certainly
GPL-incompatible and probably non-free.

Other analyses of the licence:
http://www.imc.org/ietf-mxcomp/mail-archive/msg03500.html and
http://www.imc.org/ietf-mxcomp/mail-archive/msg03514.html.








SenderID_License-Agreement.pdf
Description: Adobe PDF document


Re: Microsoft :-) Sender-ID Licence

2004-08-24 Thread Stephane Bortzmeyer
On Tue, Aug 24, 2004 at 01:54:16PM +0100,
 Andrew Suffield [EMAIL PROTECTED] wrote 
 a message of 60 lines which said:

 On the other hand, I can't imagine how MS could have any valid
 patents on such a simple thing. So it's quite possible that the
 whole thing is a load of bull.

It is clearly the crux of the problem. If the licence is unacceptable
(many people think it is), what the IETF should do?

1) Go ahead and ignore what is probably a futile patent (like patents
on hypertext or on encoding of a session ID in the URL). Problem: many
implementors will fear to proceed in such an uncertain situation.

2) Drop everything which has a claim (not even a granted patent) on
it. Problem: big companies owners like Microsoft therefore have a veto
on what the IETF can standardize or not.

 And it's a bloody PDF.

Keep cool, it could have been a MS-Word. (apt-get install xpdf 
pdftotext SenderID_License-Agreement.pdf)



Cronyx Tau-ISA obfuscated driver

2004-05-18 Thread Stephane Bortzmeyer
Free/non-free? (Only an academic interest, I did not use this driver
yet.)

Cronyx Tau-ISA driver

URL: http://www.cronyx.ru/hardware/wan.html

Announced on a FreeBSD list:

ctau(4) driver for Cronyx Tau-ISA was added. Cronyx Tau-ISA is family of
synchronous WAN adapters with various set of interfaces such as V.35,
RS-232, RS-530(449), E1 (both framed and unframed). This is a second
family of Cronyx adapters that is supported by FreeBSD now. The first
one was Cronyx Sigma-ISA, cx(4).

Cronyx Tau-PCI family will become a third one. The peculiarity of this
driver that it contains private code. This code is distributed as
obfuscated source code with usual open source license agreement.Since
code is protected by obfuscation it is satisfy needs of commerce. On the
other hand it still stays a source code and thus it becomes closer to
open source projects. I hope this form of private code distribution will
become a real alternative to object form.




Re: FSF has stopped linking to Debian website

2003-09-27 Thread Stephane Bortzmeyer
On Friday 26 September 2003, at 14 h 23, 
Branden Robinson [EMAIL PROTECTED] wrote:

 Compare:
 
 http://web.archive.org/web/20021128102620/http://www.gnu.org/links/links.ht=
 ml
 
 with:

[ http://www.gnu.org/links/links.html ]

Funny, FSF does not mention Debian or FreeBSD anymore, but it mentions VMS, 
Windows NT and BeOS (all of them free operating systems, as we know).




Re: Common software (was: A possible GFDL compromise: a proposal)

2003-09-14 Thread Stephane Bortzmeyer
On Sun, Sep 14, 2003 at 10:41:33AM +0200,
 Andreas Barth [EMAIL PROTECTED] wrote 
 a message of 22 lines which said:

 He, that's really a nice term. I like it at first sight much more than
 free software or open source software.
 
 (I'm a German, but may have read too many english books.)

It is nice in French, too, and it carries the memory of many important
historical events (La Commune was the name of the first elected
public body in Paris during the French Revolution).



Re: A possible GFDL compromise: a proposal

2003-09-14 Thread Stephane Bortzmeyer
On Fri, Sep 12, 2003 at 12:42:12PM +0200,
 Jacobo Tarrio [EMAIL PROTECTED] wrote 
 a message of 17 lines which said:

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

This was very often written in that thread but it is wrong. To be
stored on a FTP server or burned on a CD, you just need to be
digital. You do not need to be software. The Bible does not become
software once you type it in vi or Emacs.

[This confusion between software and digital seems very prevalent
in Debian. I share Mathieu's regrets about it.]



Re: A possible approach in solving the FDL problem

2003-08-13 Thread Stephane Bortzmeyer
On Tue, Aug 12, 2003 at 10:00:55PM +0200,
 Sergey V. Spiridonov [EMAIL PROTECTED] wrote 
 a message of 27 lines which said:

 Let's imagine infinite scale with absolute freedom(liberty) on one side 
 and absolute non-freedom on another. The border between free and 
 non-free will be at 0.

Interesting idea. Here is an extract from a recent discussion on a
NetBSD mailing list about the freegrep tool (a BSD-licensed
grep). Other people think that there are degrees in freedom, that it
is not binary.

Subject: Re: Free grep (was: Re: HTML browser)
From: Jim Wise [EMAIL PROTECTED]
To: Gary Thorpe [EMAIL PROTECTED]
Cc: [EMAIL PROTECTED], [EMAIL PROTECTED]
Date: Tue, 12 Aug 2003 13:43:53 -0400 (EDT)

Does anyone else see the irony of free alternatives to GNU code
This is an interesting development. There is nothing stopping anyone
from fixing GNU tools and releasing them as alternatives: they would
just have to be under the GPL.

Irony?  No.

A key goal of the NetBSD project is not to tell people what they are
allowed to do with our code.  The GPL is not compatible with this
desire, as it places very real restrictions on what someone can do
with GPL'ed code.

Code under the GPL is thus _substantially_ less free than code not so
encumbered, and when we have the option of using less restrictively
licensed code instead, we do so.

--
Jim Wise
[EMAIL PROTECTED]



Re: Should our documentation be free? (Was Re: Inconsistencies in our approach)

2003-08-11 Thread Stephane Bortzmeyer
On Sun, Aug 10, 2003 at 06:20:32PM +1200,
 Adam Warner [EMAIL PROTECTED] wrote 
 a message of 68 lines which said:

 In the meantime I'll be content with the definition of software that
 WordNet (r) 1.7.1 (July 2002) provides:
 
  n : (computer science) written programs or procedures or rules
  and associated documentation pertaining to the operation
  

It should be noted that, in countries like France, where software and
non-software-but-still-implemented-with-1-and-0s are treated
differently (the author does not have the same right, wether he is a
novelist or a programmer, even if he types both works on the same
laptop), the same rule apply: the associated documentation is treated
like the program. So, Emacs' info files or docstrings in languages
like Python or Lisp are not really a problem, after all.



Re: Inconsistencies in our approach

2003-08-11 Thread Stephane Bortzmeyer
On Thu, Aug 07, 2003 at 04:33:05PM -0500,
 John Goerzen [EMAIL PROTECTED] wrote 
 a message of 102 lines which said:

 I will grant that these definitions are imperfect and improbable
 arguments could be lodged against them; at the same time, I believe
 that reasonable people not engaging in a Jesuit exercise to find
 logical needles in a haystack of common sense are able to tell the
 difference between a manpage and a C source file.

aolI agree completely/aol. Legal issues are not binary, unlike
what many computer scientist seem to believe. Laws are often not
0-and-1s, because they have to adapt to many real-world situations and
they should not be too formal, otherwise, technological or social
changes could make them obsolete a long time before the Parliament has
any leisure to update them.
 



Re: a minimal copyleft

2003-08-07 Thread Stephane Bortzmeyer
On Mon, Aug 04, 2003 at 08:49:07PM +0100,
 Andrew Suffield [EMAIL PROTECTED] wrote 
 a message of 45 lines which said:

 This is why, when using the GPL for things which are not clearly
 program source code, you must always specify what the preferred form
 for modification is (append it to the license declaration, which
 should be just below the copyright declaration).

This would be a serious limitation of freedom! If someone writes a
free document in LinuxDoc/SGML and I translate it to DocBook/XML
before modifying it, I violate the licence?

[Do note that I mentioned only free formats and a realistic case.]



Re: a minimal copyleft

2003-08-07 Thread Stephane Bortzmeyer
On Tue, Aug 05, 2003 at 10:24:39AM +0100,
 Edmund GRIMLEY EVANS [EMAIL PROTECTED] wrote 
 a message of 56 lines which said:

 I'm still keen to receive suggestions about how to improve either of
 my one-sentence licences. Thanks for the suggestions already received.

I seriously doubt that you can write a good licence in one
sentence. This is appealing, but unrealistic. Just one example: in
France (and probably in most other countries with a droit d'auteur
system), a free licence *must* enumerate exactly what rights you yield
to the licencee. According to the few lawyers that studied the case
(IANAL), the GPL is therefore OK, but the BSD-like licences are
probably not.



Re: The debate on Invariant sections (long)

2003-06-11 Thread Stephane Bortzmeyer
On Fri, Jun 06, 2003 at 07:13:41AM -0700,
 Walter Landry [EMAIL PROTECTED] wrote 
 a message of 18 lines which said:

 There are more problems with the GFDL than just the invariant
 sections.  Invariant sections are just the worst problem.  Since RMS
 seems unwilling to change anything, I'd say that _all_ GFDL'd works
 have to go into non-free.

I believe I understand at last the Invariant Sections and their
consequences but can you explain what other problems are serious
enough for such drastic measures? (Cover Texts excluded, because they
have more or less the some problems.) I already asked the question
here and it seems there is a consensus on that mailing list that a
GFDL document without Invariant Sections and Cover Texts is 100 %
free.

See
URL:http://lists.debian.org/debian-legal/2003/debian-legal-200304/msg00246.html
for more details.



Re: [OT] Droit d'auteur vs. free software? (Was: query from Georg Greve of GNU about Debian's opinion of the FDL

2003-05-23 Thread Stephane Bortzmeyer
On Wed, Apr 30, 2003 at 11:00:48AM -0400,
 Jeremy Hankins [EMAIL PROTECTED] wrote 
 a message of 15 lines which said:

 Since there's been a lot of talk about the difficulty in making a
 distinction between software and non-software, do you know how the law
 you're referring to makes this distinction?  Where would fonts,
 javascript embedded in html, latex source, postscript, etc, fit into
 this scheme?

Tough question. I just studied it and here is the result (warning:
most software engineers will not find the reply satisfactory, see the
soap box).

legalRemember, IANAL./legal

First, the only pan-European text I can find is Council Directive
91/250/EEC of 14 May 1991 on the legal protection of computer
programs
URL:http://europa.eu.int/smartapi/cgi/sga_doc?smartapi!celexapi!prod!CELEXnumdoclg=ennumdoc=31991L0250model=guichett.
This directive, which every European Union country is supposed to
implement, says only one thing which seems related to your question:

Whereas, for the purpose of this Directive, the term 'computer
program` shall include programs in any form, including those which are
incorporated into hardware; whereas this term also includes
preparatory design work leading to the development of a computer
program provided that the nature of the preparatory work is such that
a computer program can result from it at a later stage;

It clearly does not address your problem. Let's turn now to
French-specific law. There is no general definition of a program (see
the soapbox later). The closest things we find are:

* JONC, 17 janvier 1982, p. 624. A terminology document (French
language is specified in the Journal Officiel, the paper which
publishes laws and decrees...) which says that Logiciel [software]:
L'ensemble des programmes, procédés et règles et éventuellement de la
documentation, relatifs au fonctionnement d'un ensemble de traitement
de l'information.

* BODGI 4 C-7.84. A tax regulation about software which gives a
definition (almost the same).

In both cases, the associated documentation is mentioned (which seems
that the case of the Emacs manual is settled: it is regarded as a
program and hence not subject to the full extent of moral rights).

The case of documentation embedded in a program (Lisp or Python
docstrings) is also quite clear: it is part of the program.

The case of a text outside of a program (such as a lecture on dynamic
routing like
URL:http://www.nic.fr/formation/supports/formation-routagedyn/ which
is under the GFDL) is still open but it is clearly not software.

The funny cases like a novel implemented as an ebook are still open.

Soap box: law is not computer science. Most terms used in law are
never defined somewhere. This is because, unlike programs, law is
processed by humans, not by computers. And it is also because it needs
to be flexible enough to cover future cases without requiring an
update of the law (it would be ridiculous to write in law texts a list
of technologies such as a list of file formats, for instance: it
changes too fast).








Re: [OT] Droit d'auteur vs. free software?

2003-05-13 Thread Stephane Bortzmeyer
On Mon, May 12, 2003 at 07:47:12PM +0200,
 Arnoud Galactus Engelfriet [EMAIL PROTECTED] wrote 
 a message of 14 lines which said:

 Stephane Bortzmeyer wrote:
  As I already explained several days ago, the right to prevent
  modifications does NOT exist for SOFTWARE. Author's rights on SOFTWARE
  are quite limited, even in Europe. 
 
 Moral rights are excluded for software? 

I never said so (unless my typing is so bad that I wrote excluded
when meaning limited).

 Can you please give me a citation for that?

See my previous messages and the quotes from Mélanie
Clément-Fontaine's analysis.



Re: [OT] Droit d'auteur vs. free software?

2003-05-12 Thread Stephane Bortzmeyer
On Mon, May 12, 2003 at 02:25:05AM -0700,
 Thomas Bushnell, BSG [EMAIL PROTECTED] wrote 
 a message of 111 lines which said:

 Since changing the color of curtains violates the rights of an
 architect, it's hard to imagine any significant change to any piece of
 software that would not wreak similar harm to honor and reputation
 if the author decided to complain: That totally violates my original
 vision; it never occurred to me that anyone would so horribly damage
 my program, and bingo--license revoked.

As I already explained several days ago, the right to prevent
modifications does NOT exist for SOFTWARE. Author's rights on SOFTWARE
are quite limited, even in Europe. 
 
Of course, many issues are still open:

* what's the lawyer's definition of software, any way?
* what about artistic work published under a GPL or GFDL licence?

But your example is wrong: wether the author wants it or not, he
cannot oppose a change in his/her program.



Re: [OT] Droit d'auteur vs. free software? (Was: query from Georg Greve of GNU about Debian's opinion of the FDL

2003-04-30 Thread Stephane Bortzmeyer
On Mon, Apr 28, 2003 at 12:34:36PM +0200,
 Stephane Bortzmeyer [EMAIL PROTECTED] wrote 
 a message of 30 lines which said:

 Can you explain the above? I do not see why and in which way the
 Droit d'auteur system is more hostile to free software.

Since you did not reply, I take the liberty, in order to stop further
spreading of this FUD, to explain why there is no incompatibility
between the droit d'auteur and the common law's copyright system.

Background: IANAL but I studied the issue in depth and the legal
opinions expressed here comply with the work done by real lawyers
(references at the end). I'm French so I eat stinking cheese. My
English is far from perfect, sorry.

Definitions: Droit d'auteur (a French word meaning author's right)
is commonly used to describe the legal system used in most
Europe. Common law's copyright is commonly used to describe the
legal system used in Great Britain and its former colonies. There is a
lot of fighting, specially between the USA and the European Union,
between these two systems. I will deal here only with the issue of
free software.

Differences: as far as free software is concerned, the big difference
between the two systems seems to be that, under the Droit d'auteur,
the author has a moral right which can *not* be waived or granted to
anyone else. Such a moral right does not exist under common law's
copyright. The author also has a right to exploit (financially or
not) its work, and this exploitation right (droit patrimonial in
French) can be granted to someone else (an employer, for instance).

At first glance, it seems that this moral right could be a problem
with free software licences where the author renounces to some of her
rights.

But it is not a real problem. Under the droit d'auteur, the author's
right over *software* is quite limited, (unlike other work, such as
books). For instance, she cannot object to a change in the software by
the owner of the exploitation right. She only keeps the right to be
identified (Software written by Sue Foobar) and a limited right to
distribute her work.

At least for the GPL, the author does not revokes any of the rights
that he have under the droit d'auteur. See [clement 1999] Une
obligation positive : Le respect du droit moral de l'auteur.

So, there is no reason to oppose droit d'auteur and free
software. On the contrary, there is currently a lot of lobbying in
Europe and in the world against this Droit d'auteur system and this
lobbying is mostly driven by the same companies that oppose free
software...

References:

[clement 1999] Mélanie Clément-Fontaine La Licence Publique Générale
GNU URL:http://crao.net/gpl/. The reference in French: the author
concludes that the GPL (and probably other free software licences) is
perfectly compatible with the French law, including the issue of
droit d'auteur.

[clement 2003] Mélanie Clément-Fontaine Pluralité et singularité des
logiciels libres. With a different point of view, the same
conclusion, extended to other licences.

[sedallian 2002] Valérie Sédallian Garanties et responsabilités dans
les logiciels libres
URL:http://www.juriscom.net/pro/2/da20020901.htm




Re: query from Georg Greve of GNU about Debian's opinion of the FDL

2003-04-30 Thread Stephane Bortzmeyer
On Mon, Apr 28, 2003 at 11:40:22AM -0500,
 Branden Robinson [EMAIL PROTECTED] wrote 
 a message of 58 lines which said:

  I strongly object: Great Britain and its former colonies are not the
  majority of the world, whatever your criteria (number of inhabitants,
  GNP, etc) are.
 
 I strongly object to your objection.  The U.S., U.K., and other
 countries using the common law legal system are important enough
 within the domain of discussion (Free Software distributed by the Debian
 Project) to be granted consideration.

I never said to ignore them. I objected to an argument from Nathanael
Nerode saying in essence that the majority should prevail. Taking into
account common law is fine. Deciding that common law should have the
last word because of a (non-existing) majority is not.
 
 In any event, if non-common law countries have legal frameworks that
 technically render Free Software as conceived by the FSF and the Debian
 Project impossible, 

Pure FUD. See my rebuke of Nathanael Nerode's message that I just
sent.



Re: [OT] Droit d'auteur vs. free software? (Was: query from Georg Greve of GNU about Debian's opinion of the FDL

2003-04-30 Thread Stephane Bortzmeyer
On Wed, Apr 30, 2003 at 07:50:45PM +1200,
 Nick Phillips [EMAIL PROTECTED] wrote 
 a message of 42 lines which said:

 I guess the reason for that opposition is because it empowers the
 original, human, author in such a way that the large publishing company
 cannot possibly disenfranchise him by conning him into signing a
 particularly vicious contract when he desperately needs their money.

Yes, and it seems to me a nice aim. This is why I oppose the common
law copyright.
 
 Both the nasty big company and the nice free software distributors
 are at the mercy of the author's whim.

I disagree. See the detailed message I just sent to debian-legal, with
references.

 



Re: [OT] Droit d'auteur vs. free software? (Was: query from Georg Greve of GNU about Debian's opinion of the FDL

2003-04-30 Thread Stephane Bortzmeyer
On Wed, Apr 30, 2003 at 10:43:24AM +0200,
 Stephane Bortzmeyer [EMAIL PROTECTED] wrote 
 a message of 74 lines which said:

 spreading of this FUD, to explain why there is no incompatibility
 between the droit d'auteur and the common law's copyright system.

Our smart readers certainly fixed that by themselves. I wanted to
write:

there is no incompatibility between the droit d'auteur and free
software.

:-}
 



Re: [OT] Droit d'auteur vs. free software? (Was: query from Georg Greve of GNU about Debian's opinion of the FDL

2003-04-30 Thread Stephane Bortzmeyer
On Wed, Apr 30, 2003 at 12:21:41PM +0100,
 Edmund GRIMLEY EVANS [EMAIL PROTECTED] wrote 
 a message of 23 lines which said:

 We already have OT in the subject, so may I ask whether this moral
 right ceases with the death of the author,

For non-software, it was 50 years after the death of the author, it is
now 70 (corporations lobbied a lot for that). For software, I'm not
sure.

 or whether a hostile descendent can use it to prevent reproduction
 of the author's work?

Unfortunately, yes and it already happened. That 70-years rule is a
big problem.
 
 contract that tries to do so is unenforceable. However, presumably
 that doesn't stop company X from paying a certain sum every month to
 the author with the understanding that payments will cease if the
 author tries to assert her moral rights, or the company not suing the
 author so long as the author doesn't assert her moral rights. 

And the Mafia can shoot you if you do not do what they want. Every
legal system has such limits.

 cases there is no contract that needs to be enforced by the courts, so
 any attempt by the legal system to prevent the moral right from
 being waived through contract law is bound to fail.

This is clearly wrong: authors win in court against their employers
often.




Re: various opinions on Debian vs the GFDL

2003-04-30 Thread Stephane Bortzmeyer
On Wed, Apr 30, 2003 at 12:15:32AM +0200,
 Henning Makholm [EMAIL PROTECTED] wrote 
 a message of 33 lines which said:

   ?) The GFDL is not free when applied to documents if any of
  the invariant or cover options are exercised. 

Is it a consensus on debian-legal that a GFDL work *without* any
Invariant or Cover is indeed free and has no problem being distributed
in main?



Re: query from Georg Greve of GNU about Debian's opinion of the FDL

2003-04-28 Thread Stephane Bortzmeyer
On Sun, Apr 27, 2003 at 11:47:57PM -0400,
 Nathanael Nerode [EMAIL PROTECTED] wrote 
 a message of 50 lines which said:

 Under *some* countries using the *minority* Droit d'Auteur system, perhaps.  
...
 Under the system used in the majority of the world, 

I strongly object: Great Britain and its former colonies are not the
majority of the world, whatever your criteria (number of inhabitants,
GNP, etc) are.




[OT] Droit d'auteur vs. free software? (Was: query from Georg Greve of GNU about Debian's opinion of the FDL

2003-04-28 Thread Stephane Bortzmeyer
[This is starting to shift away from the GFDL so I modified the
subject. Georg, I can suppress you from the Cc: if you wish so.]

On Sun, Apr 27, 2003 at 11:25:43PM -0400,
 Nathanael Nerode [EMAIL PROTECTED] wrote 
 a message of 29 lines which said:

 Naturally, I'm more familiar with the European Copyright -- or Droit
 d'Auteur, rather -- systems, but since Europe is a very active region
 for Free Software, considering the European situation seems useful.
 
 Please note that this system is contrary in its basis to the system in the 
 US, which is also used in some form in most common-law based countries (most 
 of the world). Under these systems copyright is a government-granted monopoly 
 and not a 'natural right'.  The 'Droit d'Auteur' system is *much* more 
 hostile to free software, free documentation, free speech, fair use rights, 
 library privilege, the public domain, etc., etc., etc.

Can you explain the above? I do not see why and in which way the
Droit d'auteur system is more hostile to free software. There is
currently a lot of lobbying in Europe and in the world against this
Droit d'auteur system and pro-copyright and this lobbying is mostly
driven by the same companies that oppose free software...

 



Incremental revisions (Was: Proposed statement wrt GNU FDL

2003-04-28 Thread Stephane Bortzmeyer
On Sat, Apr 26, 2003 at 01:50:33AM -0400,
 Anthony DeRobertis [EMAIL PROTECTED] wrote 
 a message of 42 lines which said:

  RFC authors do it all the time, by issuing updates to existing RFC
  documents.  They say Do it like this, except for this, this, and this.
 
 No, that's generally only done for tiny changes: Adding a bit here or
 there, etc.
 
 For large changes, the old document is obsoleted and the relevant
 portions included into the new one. Any other way would be insane!

Therefore, the IETF is insane often :-) Take the DNS, for instance,
RFC 1034 and 1035 were never obsoleted (while many parts of them are)
and, to take your example, in order to understand the DNS, you have to
read several RFC, some updating or obsoleting others. 



Re: Suggestion to maintainers of GFDL docs

2003-04-22 Thread Stephane Bortzmeyer
On Wed, Apr 16, 2003 at 09:40:49AM -0400,
 Peter S Galbraith [EMAIL PROTECTED] wrote 
 a message of 25 lines which said:

 * Why you shouldn't use the GFDL:: Debian doesn't recommend using this 
 license.

Can you actually write this section and post it here? Because I have a
practical problem: finding a free licence for an important
documentation I'm currently writing (and one which is not included in
a specific software) and, after getting a headache from reading
hundreds of previous postings in debian-legal, I still have
difficulties to find a proper licence.

Practical advices are welcome. I believe it is easier to bash the GFDL
than to write a proper alternative.






Re: unofficial mozilla 0.8 deb, autonotification in dupload

2001-03-12 Thread Stephane Bortzmeyer
On Friday 9 March 2001, at 20 h 52, 
the keyboard of Brian Ristuccia [EMAIL PROTECTED] wrote:


 On an additional note, would Stephane Bortzmeyer accept a patch that causes
 dupload to mail a copy of the upload to a list of email addresses before it
 is uploaded? It could be used, for example, to automagically mail a copy to
 [EMAIL PROTECTED].

With hooks (see dupload's man page), you don't need a patch.

$cfg{'ftp-master'}{preupload}{'package'} = 'Mail -s %1 uploaded [EMAIL 
PROTECTED]  /dev/null';





Re: Java 1.3

2001-03-02 Thread Stephane Bortzmeyer
On Friday 2 March 2001, at 11 h 27, the keyboard of Ola Lundqvist 
[EMAIL PROTECTED] wrote:

 I have a question on java.

All these questions have answers in the Debian/Java FAQ :

http://www.debian.org/doc/user-manuals#java-faq




Re: ia64 port

2000-05-26 Thread Stephane Bortzmeyer
On Thursday 25 May 2000, at 23 h 40, the keyboard of Joey Hess 
[EMAIL PROTECTED] wrote:

 SourceForge now has 3 ia64 boxes, and they are letting people submit
 proposals to get access to them to port stuff. 

You have to a registered user of SourceForge. Not a big deal but I prefer to 
mention it.
 
 I suggest we submit a proposal to port Debian base. ;-) What do people think?

And there is a legal problem first. What do people on debian-legal think of the 
agreement you have to sign:

OPEN-SOURCE CLICKWRAP IPLA

  Intel would like to invite you to participate in Intel's efforts 
to prepare software targeted for the Linux
  operating system running on the Intel(R) Itanium(tm) processor by 
providing you access to software created
  by Intel and its licensors and related documentation and 
materials (the Intel Software) and Intel supplied
  equipment (Intel Equipment) under the following terms and 
conditions: 

  1. To the extent that you are using software that is not supplied 
by Intel and/or its licensors such as the Linux
  operating system and the GCC compiler, this Agreement has no 
effect on your rights and your use of that
  software is subject to the applicable license such as the Gnu 
General Public License or other applicable
  license. 

  2. This license to use the Intel Software and Intel Equipment is 
being provided to you royalty-free, in
  consideration of your adherence to the other terms and conditions 
of this license. You may distribute
  software that you create (Your Software) using this equipment 
through any distribution scheme you wish to
  use, including distributing Your Software under an open source 
license agreement such as the Gnu General
  Public License or distributing binaries of Your Software for a 
fee and subject to a different license. 

  3. You may modify portions of the Intel Software provided by 
Intel as sample source code and incorporate
  such sample source or modified portions thereof into your 
programs and may distribute Your Software
  incorporating sample source code or modifications thereof under 
any license agreement of your choosing.
  You may not reverse engineer, decompile, license or disassemble 
portions of any Intel Software provided in
  object code form. 

  4. Since the Intel Equipment that you are using is pre-release 
hardware and incorporates pre-release software
  and is configured to permit multiple people to test code on the 
equipment, this equipment will not generate
  reliable benchmarking data. I understand that no reliable 
benchmarking data can be generated on the Intel
  Equipment. Therefore, you agree that you will not disclose 
publicly or share with any third party any
  benchmarks generated using the Intel Equpment and/or Intel 
Software. 

  5. The Intel Software provided in binary form contains 
confidential information of Intel regarding technical
  aspects of the Itanium processor. You must use the same degree of 
care to protect this confidential
  information of Intel that you use to protect your own 
confidential information, but no less than a reasonable
  degree of care. You must restrict access to the Intel Software 
provided in binary form to your employees who
  have executed written agreements with you obligating them to 
protect confidential information as required
  under this paragraph. The obligations of this paragraph do not 
apply to any information that is or becomes
  published by Intel without restriction, or otherwise becomes 
rightfully available to the public other than by
  breach of confidentiality obligation to Intel. 

  6. THE SOFTWARE AND EQUIPMENT IS PROVIDED BY INTEL AND ANY 
EXPRESS OR IMPLIED
  WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES 
OF
  MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND 
NON-INFRINGEMENT ARE
  DISCLAIMED. IN NO EVENT SHALL INTEL 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 THE SOFTWARE, 
EVEN IF
  ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. 

  7. You may provide to Intel additional feedback regarding the 
Intel Software and/or the Intel Equipment,
  including suggested 

Re: [GPL] No linking with proprietary programs: where?

2000-03-16 Thread Stephane Bortzmeyer
On Wednesday 15 March 2000, at 15 h 32, the keyboard of Marcus Brinkmann 
[EMAIL PROTECTED] wrote:

 Also, there is no advertised interface for piping. (a pipe is just a byte
 stream).

So piping between GPL and not-GPL-compatible is OK, but Corba (which uses an 
IDL file) or popen (which uses the documented usage) is not?




Re: [GPL] No linking with proprietary programs: where?

2000-03-16 Thread Stephane Bortzmeyer
On Tuesday 14 March 2000, at 23 h 6, the keyboard of Fabien Ninoles 
[EMAIL PROTECTED] wrote:

 a good example. IMHO, even if I consider such a client not free (because
 it depends on a non-free server), the client itself is considered DFSG
 compliant.

In this specific case, I was mostly interested by the GPL (is it legal or is 
it a violation of the GPL) and not by the DFSG.

 making a library link is close enough to be considered a true dependance
 but every other communication link are simply fair use of the program.

OK, but I've not found this distinction, this line you draw, in the GPL.
 
 This lead to some problem where you can use a GPL library if you put
 a GPL scripting interface over it and use the script interface in a
 non-GPL program. 
...
 which let you say that such a
 program is free if it achieve all its functionalities without
 depending on any non-free components. 

Bad criteria, since it depends on a third party.

Let's assume I write a not-GPL-compatible interface whose sole purpose is to 
run a program. It popens a GPL program. It is illegal. Now, someone else, 
unrelated with me, write a command-line-compatible non-GPL program and suddenly 
my interface is legal?




Re: [GPL] No linking with proprietary programs: where?

2000-03-16 Thread Stephane Bortzmeyer
On Thursday 16 March 2000, at 14 h 17, the keyboard of Marcus Brinkmann 
[EMAIL PROTECTED] wrote:

 I think exactly the opposite: It doesn't matter if you use piping, linking,
 exec() or whatever.

Surely, we must have a limit somewhere! If I write a GPL HTTP server, I 
certainly want the not-GPL-compatible browsers to be able to legally query it. 



[GPL] No linking with proprietary programs: where?

2000-03-14 Thread Stephane Bortzmeyer

[Please Cc: me the replies, i'm not on the list.]

We all know that the GPL prevents linking with proprietary stuff (see the 
KDE/Qt thread). And we all take this for granted.

Looking for the precised wording, I was very surprised to be unable to find 
it. Where in the GPL is such restriction written? I just find this line at the 
end, in How to Apply These Terms to Your New Programs where I wouldn't have 
search:

This General Public License does not permit incorporating your program into 
proprietary programs. [Where is it written? S. B.]  If your program is a 
subroutine library, you may consider it more useful to permit linking 
proprietary applications with the library. If this is what you want to do, use 
the GNU Library General Public License instead of this License.




Re: [GPL] No linking with proprietary programs: where?

2000-03-14 Thread Stephane Bortzmeyer
On Tuesday 14 March 2000, at 8 h 54, the keyboard of SCOTT FENTON 
[EMAIL PROTECTED] wrote:

 Section 2b is the viral clause and it reads as follows:
 You must cause any work that you distribute or publish, that in whole or
 in part contains or is derived from the
 Program or any part thereof, to be licensed as a whole at no charge to
 all third parties under the terms of this License. 

It is not very clear from Section 2b that linking makes a program GPL-infected, 
and dynamic linking too (see the rms/Torvalds discussion about binary modules 
in the Linux kernel) but not popen() or system() (see the discussion about the 
apt tool by Corel which popens dpkg).




Re: [GPL] No linking with proprietary programs: where?

2000-03-14 Thread Stephane Bortzmeyer
On Tuesday 14 March 2000, at 10 h 6, the keyboard of Brian Ristuccia 
[EMAIL PROTECTED] wrote:

 Let's not be silly here.
...
 I'm tired of hearing about it. 

Brian, I wasn't trying to raise a flamewar, and I absolutely agree with your 
analysis. I was just motivated by:

- pure curiosity (everybody says so, but is it true?),

- practical limits (a friend of mine created a company to sell an on-line 
game; they want to release the client as GPL and not the server; they wonder 
if it's legal, since these two programs are not linked, they are just 
connected by the network).



ATT source licence?

2000-03-03 Thread Stephane Bortzmeyer

[Please CC: the replies, i'm not on the list.]

It seems there exists an ATT source licence and at least one software I'm 
interested in is under this licence. Does anyone know it? It seems clearly 
non-free, but not too much non-free :-}

http://www.brics.dk/DSD/implementation.html 
 


Re: ATT source licence?

2000-03-03 Thread Stephane Bortzmeyer
On Sat 3 March 2000, at 15 h 52, the keyboard of Henning Makholm 
[EMAIL PROTECTED] wrote:

  interested in is under this licence. Does anyone know it? It seems clearly 
  non-free, but not too much non-free :-}
 
 We have discussed it before. 

A list of non-free licences, as well as the reasons they are non-free could be 
useful. rms would certainly blame us to advertise non-freeness, but it could 
be useful.

 Any kind of nonfreeness is too much.

I agree it is for the non-free archive. But does anyone see a larger problem, 
which would prevent it to get into Debian?



Re: [DOM Java bindings] Can a W3C recommandation be free?

1999-11-08 Thread Stephane Bortzmeyer
On Sunday 7 November 1999, at 16 h 31, the keyboard of Mark Wielaard 
[EMAIL PROTECTED] wrote:

 That copyright notice seems to apply only to the DOM specification itself.
 Not to the actual Java source files.

OK, I missed that point.
 
 Please make sure that you get the latest Java language bindings from the 
 errata
 page http://www.w3.org/DOM/updates/REC-DOM-Level-1-19981001-errata.html.

Thanks. Unfamiliar with W3C's procedures, I missed that update.

 That Software Notice can be found on
 http://www.w3.org/Consortium/Legal/copyright-software.html
 and seems to me to be free according to the Debian Free Software Guidelines.

I agree. Then, lib-dom-java will go to main. Many thanks for the explanations.

 Please also read their W3C Intellectual Property FAQ which has a special
 section on W3C software:
 http://www.w3.org/Consortium/Legal/IPR-FAQ.html#Software

Which is very clear, and very free.



Re: [DOM Java bindings] Can a W3C recommandation be free?

1999-11-05 Thread Stephane Bortzmeyer
On Friday 5 November 1999, at 15 h 20, the keyboard of Henning Makholm 
[EMAIL PROTECTED] wrote:

 Which means that the interface may be essential to the compilation
 of other software. Which, hence, means that if I want to change
 that other software I might have either to change the interfaces

It is may be possible to fork the W3C API, as long as you change the name 
and make clear that it is no longer the official one. I'll ask W3C people 
about that.

PS: I've noticed doc-html-w3, which has the same authors and same copyright, is 
in non-free. If I put lib-dom-java in non-free, xt will have to move in contrib 
and we'll lose our only XSL processor :-(



SUMMARY: Freeness of Java: decision needs to be taken

1999-07-05 Thread Stephane Bortzmeyer
On Friday 2 July 1999, at 18 h 4, the keyboard of [EMAIL PROTECTED] wrote:

  Jikes belongs to IBM, so they'll may be change their licence
 
 This is quite likely.

I don't know if they did. Let's wait the opinion of the Jikes maintainer. And, 
as Nicolas reminded us, Jikes depends (really depends) on JDK's classes, so 
even if IBM changes the licence, Jikes will go to contrib and brings all the 
Java programs of Debian with it :-(

  So, should we move *every* Java package to 'contrib'?
 
 If IBM doesn't re-license Jikes.

I've update the proposed Java policy in that respect. Almost all of the Java 
stuff shuld go into contrib (because most of them fail to compile with guavac 
or to run with kaffe) and I'll fill in bug reports for that.


http://www.debian.org/~bortz/Java/policy.html




Freeness of Java: decision needs to be taken

1999-07-02 Thread Stephane Bortzmeyer

[Cross-posted to debian-java and debian-legal because it is both a 
Java-specific problem and a legal/political one.]

I maintain several Java packages whose licence make them eligible for 'main'. 
But I assume (the Policy seems silent on this point, but my assumption seems 
reasonable) that, to be really free, a package has to:

- be compiled with free tools,
- be able to run only with free tools.

As you know, this is not easy to get with Java. 

The two compilers we have, JDK and Jikes, are non-free (I exclude guavac, 
which is orphaned, both upstream and in Debian). Jikes belongs to IBM, so 
they'll may be change their licence, like they did with Postix, but Jikes 
depends on the JDK, anyway. In the mean time, we have no Java free compilers.

A Java compiler produces bytecode (some compilers produce native codes, but I 
don't think any of them is distributable, even in non-free). To actualy run 
this bytecode, you need a Java virtual machine. We have two of them, JDK 
(non-free) and kaffe, which is free, but whose list of bugs 
http://www.debian.org/Bugs/db/pa/lkaffe.html is quite desperating.

Worse, despite the hype on Java portability, it is quite common that programs 
compile only with a specific compiler, or runs only with a specific virtual 
machine.

So, should we move *every* Java package to 'contrib'?



Re: Freeness of Java: decision needs to be taken

1999-07-02 Thread Stephane Bortzmeyer
On Friday 2 July 1999, at 8 h 10, the keyboard of Raul Miller 
[EMAIL PROTECTED] wrote:

 If they have been compiled with guavac and they'll run on kaffe then,

These two packages are not (yet?) usable for any practical work. Who compiles 
its Java packages with guavac? Runs its production Java packages on kaffe?



Qt 2.0 is out, with its new licence

1999-06-25 Thread Stephane Bortzmeyer

http://www.troll.no/announce/qt-200.html
http://www.troll.no/free-license.html

So, can anyone who followed the discussion summarizes if it is free or not, 
now that it is the official licence?

At first glance, I would say no, since it is not possible to modify Qt.



Re: DFSG And Trademarks

1999-06-18 Thread Stephane Bortzmeyer
On Friday 18 June 1999, at 0 h 41, the keyboard of Jeff Licquia [EMAIL 
PROTECTED]
 wrote:

 The code itself is GPL, so DFSG compliance isn't a problem.  However,
 the vendors have trademarked the words CUPS, Common UNIX Printing
 System, and possibly a few others I'm forgetting.  The license page
 (http://www.cups.org/LICENSE.html) has this gem:
 
   Also, since we have trademarked the Common UNIX Printing System,
   CUPS, and CUPS logo, you may not release a derivative product using
   those names without permission from Easy Software Products.

I believe that several packages in main have a licence which forces any 
modified version to use another name. (TeX is a typical example.) This is not 
itself a violation of DFSG (it is even explicitely authorized in article 4), 
IMHO. 

In practice, if you fork and start a new CUPS, with the same code base, you 
will not want to use the same name, anyway.



Intent to package: Puzzle ([Biology] Reconstruction of phylogenetic trees)

1999-05-18 Thread Stephane Bortzmeyer


[Please Cc: my personal address, I'm far from my normal mail and have 
difficulties reading Debian lists.]

[Cc: to debian-legal because there is a small legal problem. Advices about it 
should go to debian-legal, not debian-devel.]

I intent to package the Puzzle program, which is a biology program to 
reconstruct phylogenetic trees by maximum likelihood. It is recent and seems 
quite often quoted.

The Web page is http://members.tripod.de/korbi/puzzle/.

No technical difficulties, no funny dependencies.

Puzzle's licence is GPL (details in the distribution).

BUT:

   The whole package
   is licenced under the GNU public licence, except for the parts
   indicated in the sources where the copyright of the authors does not
   apply.

Grepping through the source code, I find no place where there is a copyright 
other than the authors (which agree with the Debian packaging, but did not 
give me the names of these phantom authors). I assume I can go on with GPL.




What does free means for a licence or a standard? (Was: Intent to package xmemos

1999-03-30 Thread Stephane Bortzmeyer

[Thread sent to debian-legal.]

On Monday 29 March 1999, at 21 h 31, the keyboard of Dragon 
[EMAIL PROTECTED] wrote:

 Has it occurred to anyone that the GPL isn't DFSG free? : Not programs
 licensed under it, but the license itself, which cannot be modified or
 altered? :
 Does this mean we have to move the GPL out of main? ; 

The GPL (and the DFSG, by the way) stands for software. For other stuff 
(documentation, literary work, art, standards, licences themselves), it is not 
obvious that free has the same meaning. And it is not obvious that the GPL is 
the best licence for these.

Remember the discussion on debian-legal a few days ago about the W3C standards? 
It makes sense to limit modifications on a standard. At the very least, if you 
modify and redistribute the GPL, it makes sense to force you to use another 
name... which the GPL does not require for software.



Re: UW gave permission for PINE

1999-03-03 Thread Stephane Bortzmeyer
On Tuesday 2 March 1999, at 11 h 14, the keyboard of Santiago Vila 
[EMAIL PROTECTED] wrote:

 Debian is dedicated to free software and it is not in the business of
 asking permission to distribute non-free apps.

Excuse me? Since many non-free packages require a special clearance to have a 
Debian distribution at all:

 Please, do not ask them for this permission *in the name of Debian*.

This means we can cut non-free in two. Mirror managers will love it :-) 

I personnaly often asked for distribution clearances (almost all biology 
packages are non-free,
#ifndef RMS
if we want Debian to succeed in that field, non-free is an essential part of 
Debian
#endif
). 
 
 If you want to do something for Debian with respect to pine, please ask
 them to change the license instead.

Don't you think we do? But the author decides. If they don't want to change the 
licence and if the licence requires a special permission for any distribution, 
yes, I ask for it, and I say I am a Debian developer and I say this is for 
Debian.




[HUMOR?] A licence for sources only

1999-02-08 Thread Stephane Bortzmeyer

Found in a package:

--
--- Distribution terms

CDda is distributed under the terms of the NPNWPL licence. Basicaly
this licence is the second version GNU Public License modified by the
following terms:

- The program can't be distributed in a packetized form (RPMs,
  DEBs, etc.).
- The program can't be distributed in binary except if it is
  part of a non optionnal operating system installation.
- The program can't be ported, compiled, executed, stored
  on/in any computer running Microsoft operating systems or
  any other product sold by this company or it's subsidiaries.