Re: license issuse in qterm

2008-01-10 Thread Bas Wijnen
On Sat, Jan 05, 2008 at 03:56:56PM +0800, LI Daobing wrote:
 I am the maintainer of qterm and I am checking the license issue in qterm.
 
 qterm is release under GPL-2+ as a whole, and the source files are
 released under GPL-2+, LGPL-2.1+, BSD-2 and others.
 
 qterm/ssh/getput.h is released under following license[1]. And I don't
 know whether it's OK to distribute it as GPL-2+, or whether it fulfill
 DFSG, thanks.

As Francesco wrote, this seems to be fine as far as the DFSG is
concerned.  About the GPL:

   As far as I am concerned, the code I have written for this
   software can be used freely for any purpose.

   Any derived versions of this software must be clearly marked as
   such,

This is fine, the GPL requires it itself, so that should not make it
incompatible.

   and if the derived work is incompatible with the protocol
   description in the RFC file, it must be called by a name other
   than ssh or Secure Shell.

This may be a problem.  However, to me it seems this just clarifies how
he thinks about the use of his trademarks.  They're probably not
registered, but they still have some protection (assuming he is the
right person to claim them).  If he wants to use these names as
trademarks, AFAIK he is allowed to.

Looking at it that way, this statement really gives two licenses: one
for the software, which is almost a disclaimer of copyright, and one for
the trademarks, which has restrictions.  AFAIK the GPL doesn't have a
problem with this (that is, if a company puts its trademarked logo in
GPL'd software, the GPL doesn't force the company to license the
trademark to anyone).

However, IANAL and I'm not at all sure if this is a proper way to look
at things.  I'd appreciate input from the list on it.

Thanks,
Bas

Ps: please CC me on replies.

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Re: license issuse in qterm

2008-01-10 Thread John Halton
On Jan 10, 2008 8:52 AM, Bas Wijnen [EMAIL PROTECTED] wrote:
and if the derived work is incompatible with the protocol
description in the RFC file, it must be called by a name other
than ssh or Secure Shell.

 This may be a problem.  However, to me it seems this just clarifies how
 he thinks about the use of his trademarks.  They're probably not
 registered, but they still have some protection (assuming he is the
 right person to claim them).  If he wants to use these names as
 trademarks, AFAIK he is allowed to.

I agree. The restriction relates to (probably unregistered) trade
marks rather than copyright. It may be inconvenient in some
circumstances, and could be expressed more clearly, but it's not
non-free.

John

(TINLA)


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Re: license issuse in qterm

2008-01-10 Thread Francesco Poli
On Thu, 10 Jan 2008 18:10:34 + John Halton wrote:

 On Jan 10, 2008 8:52 AM, Bas Wijnen [EMAIL PROTECTED] wrote:
 and if the derived work is incompatible with the protocol
 description in the RFC file, it must be called by a name other
 than ssh or Secure Shell.
 
  This may be a problem.  However, to me it seems this just clarifies how
  he thinks about the use of his trademarks.  They're probably not
  registered, but they still have some protection (assuming he is the
  right person to claim them).  If he wants to use these names as
  trademarks, AFAIK he is allowed to.
 
 I agree. The restriction relates to (probably unregistered) trade
 marks rather than copyright. It may be inconvenient in some
 circumstances, and could be expressed more clearly, but it's not
 non-free.

IMO, the problem was not non-freeness, but GPL-compatibility.

This is a name-change restriction, phrased as if it were a condition
for getting copyright-related permissions (because it's placed directly
under the copyright notice, inside what looks very much like a
copyright permission notice), even though it's related to unregistered
trademarks.
Is such a restriction compatible with the GNU GPL?

As usual: IANAL, TINLA, IANADD, TINASOTODP.

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license issuse in qterm

2008-01-05 Thread LI Daobing
Hello,

I am the maintainer of qterm and I am checking the license issue in qterm.

qterm is release under GPL-2+ as a whole, and the source files are
released under GPL-2+, LGPL-2.1+, BSD-2 and others.

qterm/ssh/getput.h is released under following license[1]. And I don't
know whether it's OK to distribute it as GPL-2+, or whether it fulfill
DFSG, thanks.

[1]
$ cat qterm/ssh/getput.h | head -15
/*  $OpenBSD: getput.h,v 1.8 2002/03/04 17:27:39 stevesk Exp $  */

/*
 * Author: Tatu Ylonen [EMAIL PROTECTED]
 * Copyright (c) 1995 Tatu Ylonen [EMAIL PROTECTED], Espoo, Finland
 *All rights reserved
 * Macros for storing and retrieving data in msb first and lsb first order.
 *
 * As far as I am concerned, the code I have written for this software
 * can be used freely for any purpose.  Any derived versions of this
 * software must be clearly marked as such, and if the derived work is
 * incompatible with the protocol description in the RFC file, it must be
 * called by a name other than ssh or Secure Shell.
 */




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Best Regards,
 LI Daobing


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Re: license issuse in qterm

2008-01-05 Thread Francesco Poli
On Sat, 5 Jan 2008 15:56:56 +0800 LI Daobing wrote:

 Hello,

Hi!

[...]
 qterm is release under GPL-2+ as a whole, and the source files are
 released under GPL-2+, LGPL-2.1+, BSD-2 and others.
 
 qterm/ssh/getput.h is released under following license[1]. And I don't
 know whether it's OK to distribute it as GPL-2+, or whether it fulfill
 DFSG, thanks.
 
 [1]
 $ cat qterm/ssh/getput.h | head -15
 /*  $OpenBSD: getput.h,v 1.8 2002/03/04 17:27:39 stevesk Exp $
  */
 
 /*
  * Author: Tatu Ylonen [EMAIL PROTECTED]
  * Copyright (c) 1995 Tatu Ylonen [EMAIL PROTECTED], Espoo, Finland
  *All rights reserved
  * Macros for storing and retrieving data in msb first and lsb first
  * order.
  *
  * As far as I am concerned, the code I have written for this software
  * can be used freely for any purpose.  Any derived versions of this
  * software must be clearly marked as such, and if the derived work is
  * incompatible with the protocol description in the RFC file, it must
  * be called by a name other than ssh or Secure Shell.
  */

IMHO, this permission statement is vague and less than clear, but the
intentions of the licensor seem to be compatible with the DFSG (taking
DFSG#4 into account).

Unfortunately, it seems to me that this permission statement is *not*
compatible with the GNU GPL v2 or with the GNU GPL v3, due to the
renaming constraint, which is a restriction not present in the GNU GPL
v2 or v3 (nor allowed by GPLv3's Section 7).
However, please note that the authority on GPL-compatibility is the FSF:
you could contact them, if you are seeking an authoritative answer on
the compatibility issue.

If this file is part of qterm, I think that qterm is currently legally
undistributable.
Possible solutions are (in descending order of desirability):

 (a) contact Tatu Ylonen and persuade him to relicense the file in a
 GPL-compatible manner

 (b) find a GPL-compatible replacement for that file

 (c) contact *all* the copyright holders for the GPL'ed parts of qterm
 (and the libraries it links against!) and ask them to add an
 exception to their licensing that permits mixing (or linking) their
 code with that GPL-incompatible file  [don't get upset if someone
 says no: personally, I would not allow anyone to mix my GPL'ed
 code with such a file...]

Good luck!


Important disclaimers: IANAL, TINLA, IANADD, TINASOTODP.

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