Re: Binaries under GPL(2) (was: Re: Bug#221709: ITP: at76c503a-source -- at76c503a driver source)

2003-11-30 Thread Alexander Cherepanov
26-Nov-03 06:57 Henning Makholm wrote: If you distribute whatever precise bits it was that the copyright holder waved a copy of the GPL over, those bits must be assumed to be the Program, Right, GPL 0 is clear about it: This License applies to any program or other work which contains a

Re: Bug#221709: ITP: at76c503a-source -- at76c503a driver source

2003-11-27 Thread Walter Landry
Alexander Cherepanov [EMAIL PROTECTED] wrote: 19-Nov-03 13:25 Don Armstrong wrote: On Wed, 19 Nov 2003, Oliver Kurth wrote: Sigh. So if Atmel says these files are no longer GPL'ed, but are just freely distributable, it could at least go to non-free? Yes. Sounds ridiculous. (Law is

Re: Bug#221709: ITP: at76c503a-source -- at76c503a driver source

2003-11-27 Thread Anthony DeRobertis
On Nov 25, 2003, at 18:27, Joachim Breitner wrote: Ok, your point seems valid here, especially in private business and in isolated products (yet another text editor). But in this case, we are talking about something I need to make the hardware run. And though I didn't pay for the firmware, I

Re: Bug#221709: ITP: at76c503a-source -- at76c503a driver source

2003-11-27 Thread Henning Makholm
Scripsit Anthony DeRobertis [EMAIL PROTECTED] No, it has nothing to do with whether a promise is kept, but it does have something to do with if a legal promise ( = contract ) is made. A contract (at least in many places) needs an offering (consideration) from both sides; That is true in

Re: Binaries under GPL(2) (was: Re: Bug#221709: ITP: at76c503a-source -- at76c503a driver source)

2003-11-27 Thread Henning Makholm
Scripsit Don Armstrong [EMAIL PROTECTED] On Wed, 26 Nov 2003, Alexander Cherepanov wrote: 24-Nov-03 22:02 Don Armstrong wrote: in order to redistribute under the terms of the GPL, you need to be able to provide source (the prefered form for modification.) Section 2 of the GPL doesn't

Re: Binaries under GPL(2) (was: Re: Bug#221709: ITP: at76c503a-source -- at76c503a driver source)

2003-11-27 Thread Henning Makholm
Scripsit Don Armstrong [EMAIL PROTECTED] On Wed, 26 Nov 2003, Henning Makholm wrote: I think Alexander's point may have merit. If you distribute whatever precise bits it was that the copyright holder waved a copy of the GPL over, those bits must be assumed to be the Program, and as such

Re: Binaries under GPL(2) (was: Re: Bug#221709: ITP: at76c503a-source -- at76c503a driver source)

2003-11-27 Thread Don Armstrong
On Wed, 26 Nov 2003, Henning Makholm wrote: #1 explicitly applies only to the Program's source code, but #2 speaks generally about the Program, source code or not. Sure, but the only type of distribution allowed under #2 is distribution under #1 (You may modify your copy or copies of the

Re: Bug#221709: ITP: at76c503a-source -- at76c503a driver source

2003-11-27 Thread Patrick Herzig
On Wed, 2003-11-26 at 00:27, Joachim Breitner wrote: Hi, (...) But if I just hand you a floppy disk with two files on it, program.exe and COPYING, and ask nothing in return, what contract could of been formed? Ok, your point seems valid here, especially in private business and in

Re: Bug#221709: ITP: at76c503a-source -- at76c503a driver source

2003-11-27 Thread Arnoud Engelfriet
Joachim Breitner wrote: Now compare Atmel: They give me the binary with a note (called GPL), that I can get the source code from then, the next 2 years at the expense of the copying (or something like that). If they don't do that, they are misleading the customer. The GPL nowhere says that

Re: Bug#221709: ITP: at76c503a-source -- at76c503a driver source

2003-11-27 Thread Henning Makholm
Scripsit Joachim Breitner [EMAIL PROTECTED] Now compare Atmel: They give me the binary with a note (called GPL), that I can get the source code from then, No, that's not what the note says. The note says that you can distribute the binary to your neighbour if you also give your neighbour the

Re: Binaries under GPL(2) (was: Re: Bug#221709: ITP: at76c503a-source -- at76c503a driver source)

2003-11-27 Thread Henning Makholm
Scripsit Don Armstrong [EMAIL PROTECTED] On Wed, 26 Nov 2003, Henning Makholm wrote: #1 explicitly applies only to the Program's source code, but #2 speaks generally about the Program, source code or not. Sure, but the only type of distribution allowed under #2 is distribution under #1

Re: Bug#221709: ITP: at76c503a-source -- at76c503a driver source

2003-11-27 Thread Joachim Breitner
Hi, Am Do, den 27.11.2003 schrieb Henning Makholm um 09:55: Scripsit Joachim Breitner [EMAIL PROTECTED] The GPL is all about what *you* have to do if *you* distribute. It does not in any way enable you to demand things from *others* who distribute, unless you happen to hold a copyright on the

Re: Bug#221709: ITP: at76c503a-source -- at76c503a driver source

2003-11-27 Thread Henning Makholm
Scripsit Joachim Breitner [EMAIL PROTECTED] But this new view leads me to other interesting effects: (assuming we are talking about a close source driver, coming in binary form, but under the GPL, distributed by the copyright holder) * The driver is under the GPL, and since I want to use it

Re: Bug#221709: ITP: at76c503a-source -- at76c503a driver source

2003-11-26 Thread Joachim Breitner
Hi, Am So, den 23.11.2003 schrieb Anthony DeRobertis um 04:44: On Thu, 2003-11-20 at 15:51, Joachim Breitner wrote: Compare to this: You give a text to a newspaper with this licence: * you may read it * you may print it Then there is no way I can stop them from printing, after we both

Binaries under GPL(2) (was: Re: Bug#221709: ITP: at76c503a-source -- at76c503a driver source)

2003-11-26 Thread Alexander Cherepanov
25-Nov-03 19:19 Walter Landry wrote: Alexander Cherepanov [EMAIL PROTECTED] wrote: In http://lists.debian.org/debian-legal/2002/debian-legal-200212/msg00202.html Walter Landry wrote: Richard Braakman [EMAIL PROTECTED] wrote: It's clear that our basic disagreement is here. I see

Re: Bug#221709: ITP: at76c503a-source -- at76c503a driver source

2003-11-26 Thread Joachim Breitner
Hi, seems like we are getting closer here: It is true, that the case I constructed has nothing to do with copyright law. My bad. You agree that if the GPL would part of some contract (in the wider interpretation, e.g. when buying something) or came with something I bought from them, it would be

Re: Bug#221709: ITP: at76c503a-source -- at76c503a driver source

2003-11-25 Thread Don Armstrong
On Tue, 25 Nov 2003, Alexander Cherepanov wrote: Sorry for the intrusion, but is there a consensus on this issue? I.e. why binaries can not be distributed under section 2 of the GPL? When binaries are not the prefered form for modification, as in the case where there is still source code

Re: Bug#221709: ITP: at76c503a-source -- at76c503a driver source

2003-11-25 Thread Anthony DeRobertis
On Thu, 2003-11-20 at 15:51, Joachim Breitner wrote: Compare to this: You give a text to a newspaper with this licence: * you may read it * you may print it Then there is no way I can stop them from printing, after we both accepted these conditions. Sure, but if they gave you the license

Binaries under GPL(2) (was: Re: Bug#221709: ITP: at76c503a-source -- at76c503a driver source)

2003-11-25 Thread Alexander Cherepanov
24-Nov-03 22:02 Don Armstrong wrote: On Tue, 25 Nov 2003, Alexander Cherepanov wrote: Sorry for the intrusion, but is there a consensus on this issue? I.e. why binaries can not be distributed under section 2 of the GPL? When binaries are not the prefered form for modification, as in the case

Re: Bug#221709: ITP: at76c503a-source -- at76c503a driver source

2003-11-25 Thread Anthony DeRobertis
On Nov 25, 2003, at 09:29, Joachim Breitner wrote: Company B produces some kind of Sweets. Because the packaging is not very large, they put a note on it for a descriptions of the ingredients, mail us this way and we will send them to you. Then they sell or give away (doesn't matter) some

Re: Binaries under GPL(2) (was: Re: Bug#221709: ITP: at76c503a-source -- at76c503a driver source)

2003-11-25 Thread Don Armstrong
On Wed, 26 Nov 2003, Alexander Cherepanov wrote: 24-Nov-03 22:02 Don Armstrong wrote: in order to redistribute under the terms of the GPL, you need to be able to provide source (the prefered form for modification.) Section 2 of the GPL doesn't require to provide source. It doesn't talk

Re: Bug#221709: ITP: at76c503a-source -- at76c503a driver source

2003-11-24 Thread Alexander Cherepanov
19-Nov-03 13:25 Don Armstrong wrote: On Wed, 19 Nov 2003, Oliver Kurth wrote: Sigh. So if Atmel says these files are no longer GPL'ed, but are just freely distributable, it could at least go to non-free? Yes. Sounds ridiculous. (Law is too complicated to me, so I stick to programming ;-) )

Re: Bug#221709: ITP: at76c503a-source -- at76c503a driver source

2003-11-20 Thread Branden Robinson
On Wed, Nov 19, 2003 at 11:01:46PM +0100, Oliver Kurth wrote: On Wed, Nov 19, 2003 at 01:25:24PM -0800, Don Armstrong wrote: The firmware is needed. Without it, the device is completely dumb. But there are some devices which can store the fw permanently. Also, the fw is distributed on their

Re: Bug#221709: ITP: at76c503a-source -- at76c503a driver source

2003-11-20 Thread Cameron Patrick
On Thu, Nov 20, 2003 at 01:21:35AM -0500, Branden Robinson wrote: | On Wed, Nov 19, 2003 at 11:01:46PM +0100, Oliver Kurth wrote: | On Wed, Nov 19, 2003 at 01:25:24PM -0800, Don Armstrong wrote: | The firmware is needed. Without it, the device is completely dumb. | But there are some devices

Re: Bug#221709: ITP: at76c503a-source -- at76c503a driver source

2003-11-20 Thread Andrew Suffield
On Thu, Nov 20, 2003 at 08:43:10AM +0100, Philipp Matthias Hahn wrote: On Wed, Nov 19, 2003 at 08:42:25PM +0100, Oliver Kurth wrote: Maybe there can be an exception because the code is not run on the host but on the device? Perhaps taking a look at the copyright of linuxtv-dvb might be

firmware files (Re: Bug#221709: ITP: at76c503a-source -- at76c503a driver source)

2003-11-20 Thread Marco d'Itri
On Nov 19, Oliver Kurth [EMAIL PROTECTED] wrote: The firmware is needed. Without it, the device is completely dumb. But there are some devices which can store the fw permanently. Also, the fw is distributed on their (windows) installation CDs. Make an unofficial package which will contain just

Re: Bug#221709: ITP: at76c503a-source -- at76c503a driver source

2003-11-20 Thread Ken Arromdee
On Thu, 20 Nov 2003, Philipp Matthias Hahn wrote: === /usr/share/doc/dvb-utils/copyright === NOTE about the included firmware dump: The files Root and Dpram are distributed with the source package. Even if they contain binary code, it cannot be executed as part of any other software under

Re: Bug#221709: ITP: at76c503a-source -- at76c503a driver source

2003-11-20 Thread Anthony DeRobertis
On Nov 19, 2003, at 16:58, Joachim Breitner wrote: Ok, I guess people that are more into law will tell me that this does not really work, Copyright law gives rights to the copyright holder(s), their assignees, etc., not the general public. The only person who can sue for copyright

Re: Bug#221709: ITP: at76c503a-source -- at76c503a driver source

2003-11-20 Thread Anthony DeRobertis
On Nov 20, 2003, at 12:17, Ken Arromdee wrote: Or to put it another way, is free software license with redefined terms necessarily a free software license? No. DFSG 2 says _very_ clearly that we require source code.

Re: Bug#221709: ITP: at76c503a-source -- at76c503a driver source

2003-11-20 Thread Joachim Breitner
Hi, Am Do, den 20.11.2003 schrieb Henning Makholm um 01:50: Scripsit Joachim Breitner [EMAIL PROTECTED] Well, doesn't Atmel promise by distributing the .hex files under the GPL to either Accompany it with the complete corresponding machine-readable source code or Accompany it with a

Re: Bug#221709: ITP: at76c503a-source -- at76c503a driver source

2003-11-20 Thread Henning Makholm
Scripsit Joachim Breitner You are talking about the usual case where the copyright owner releases a work under the GPL but still has all rights to do with it what it wants, like selling the binarys. Yes. That is what happens here. But when they give me the file, and telling me: here, this

Re: Bug#221709: ITP: at76c503a-source -- at76c503a driver source

2003-11-19 Thread Oliver Kurth
On Wed, Nov 19, 2003 at 08:00:48PM +, Henning Makholm wrote: Scripsit Oliver Kurth [EMAIL PROTECTED] But you do not seem to see my point: the human readable sources of the firmware files are _not_ open. The hex files, ie. the compiled form, in ACSII format they say _are_ GPL'ed

Re: Bug#221709: ITP: at76c503a-source -- at76c503a driver source

2003-11-19 Thread Henning Makholm
Scripsit Oliver Kurth [EMAIL PROTECTED] If the hex files are GPLed, they are probably not distributable -- hex .c files probably do not fall into the GPL's definition of source code Maybe there can be an exception because the code is not run on the host but on the device? Who do you

Re: Bug#221709: ITP: at76c503a-source -- at76c503a driver source

2003-11-19 Thread Oliver Kurth
On Wed, Nov 19, 2003 at 08:25:44PM +, Henning Makholm wrote: Scripsit Oliver Kurth [EMAIL PROTECTED] If the hex files are GPLed, they are probably not distributable -- hex .c files probably do not fall into the GPL's definition of source code Maybe there can be an exception

Re: Bug#221709: ITP: at76c503a-source -- at76c503a driver source

2003-11-19 Thread Henning Makholm
Scripsit Joachim Breitner [EMAIL PROTECTED] Well, doesn't Atmel promise by distributing the .hex files under the GPL to either Accompany it with the complete corresponding machine-readable source code or Accompany it with a written offer, No. They are the copyright holder, so they can always

Re: Bug#221709: ITP: at76c503a-source -- at76c503a driver source

2003-11-19 Thread Henning Makholm
Scripsit Oliver Kurth [EMAIL PROTECTED] The firmware is needed. Without it, the device is completely dumb. But there are some devices which can store the fw permanently. Also, the fw is distributed on their (windows) installation CDs. Do these CDs accompany the hardware when bought? In that