Re: A possible weakened rephrase of clause 5d [was: Re: GPL v3 Draft 3- text and comments]

2007-04-12 Thread Francesco Poli
On Thu, 12 Apr 2007 15:15:38 +0200 Lasse Reichstein Nielsen wrote: On Thu, 12 Apr 2007 00:46:06 +0200, Francesco Poli [EMAIL PROTECTED] wrote: OK, this is my attempt to rephrase clause 5d in a form that is weak enough to be less harmful than clause 2c of GPLv2: begin

A possible weakened rephrase of clause 5d [was: Re: GPL v3 Draft 3- text and comments]

2007-04-11 Thread Francesco Poli
On Mon, 2 Apr 2007 20:50:27 +0200 Francesco Poli wrote: On Mon, 02 Apr 2007 12:26:42 +0100 Gervase Markham wrote: Francesco Poli wrote: Clause 5d in GPLv3draft3 is basically unchanged with respect to previous drafts. It's worse than the corresponding clause 2c in GPLv2... :-(

Re: GPL v3 Draft 3- text and comments

2007-04-04 Thread Bernhard R. Link
* Gervase Markham [EMAIL PROTECTED] [070404 01:09]: Calling Affero code proprietary is a pretty big stretch. Yes, there's a clause in there which is a restriction on modification - so it's not entirely free. But you still have to release the source to modifications, source follows the

Re: GPL v3 Draft 3- text and comments

2007-04-04 Thread Francesco Poli
On Wed, 04 Apr 2007 00:09:30 +0100 Gervase Markham wrote: Francesco Poli wrote: Well, *when* I want a copyleft, I want one that *actually works*... Exemptions for specific incompatible licenses should be left out of the license text (so that who wants them can add them as additional

Re: GPL v3 Draft 3- text and comments

2007-04-04 Thread Gervase Markham
Francesco Poli wrote: Not-quite-DFSG-free == non-free, even though close to the freeness boundary == proprietary, even though close to the freeness boundary By definition, whatever is not free, is proprietary. I was using proprietary in what I thought was its fairly common meaning, i.e.

Re: GPL v3 Draft 3- text and comments

2007-04-04 Thread Anthony W. Youngman
In message [EMAIL PROTECTED], Gervase Markham [EMAIL PROTECTED] writes Francesco Poli wrote: Not-quite-DFSG-free == non-free, even though close to the freeness boundary == proprietary, even though close to the freeness boundary By definition, whatever is not free, is proprietary. I was

Re: GPL v3 Draft 3- text and comments

2007-04-04 Thread Francesco Poli
On Wed, 04 Apr 2007 18:40:12 +0100 Gervase Markham wrote: Francesco Poli wrote: Not-quite-DFSG-free == non-free, even though close to the freeness boundary == proprietary, even though close to the freeness boundary By definition, whatever is not free, is proprietary. I was using

Re: GPL v3 Draft 3- text and comments

2007-04-03 Thread Gervase Markham
Francesco Poli wrote: On Mon, 02 Apr 2007 12:26:42 +0100 Gervase Markham wrote: I can't see any judge with a decent grasp of English or the notion of a legal notice or author attribution permitting the attachment of the GNU Manifesto to a work under this clause. Can you give a concrete

Re: GPL v3 Draft 3- text and comments

2007-04-03 Thread Francesco Poli
On Mon, 2 Apr 2007 21:50:12 -0400 Joe Smith wrote: [...] I think most courts do not rule on uncontested fact. This clause is probably intended to prevent EvilCorp(TM) from claiming that the work falls into that class. The other party is unlikely to contest that, claiming the work does fall

Re: GPL v3 Draft 3- text and comments

2007-04-03 Thread Joe Smith
Francesco Poli [EMAIL PROTECTED] wrote in message news:[EMAIL PROTECTED] On Mon, 2 Apr 2007 21:50:12 -0400 Joe Smith wrote: [...] I think this stems from source code not requireing a patent license. So if the source code is available, the patent can be bypassed by having the consumer

Re: GPL v3 Draft 3- text and comments

2007-04-03 Thread Francesco Poli
On Tue, 03 Apr 2007 14:17:42 +0100 Gervase Markham wrote: Francesco Poli wrote: [...] I cannot depict a specific scenario off the top of my head, but my alarm bell rang as soon as I saw the word preservation coupled with undefined (and hence vague) terms as reasonable legal notice and

Re: GPL v3 Draft 3- text and comments

2007-04-03 Thread Gervase Markham
Francesco Poli wrote: Well, *when* I want a copyleft, I want one that *actually works*... Exemptions for specific incompatible licenses should be left out of the license text (so that who wants them can add them as additional permissions). *When* I choose the GNU GPL, I want to prevent my code

Re: GPL v3 Draft 3- text and comments

2007-04-02 Thread Gervase Markham
Francesco Poli wrote: Clause 5d in GPLv3draft3 is basically unchanged with respect to previous drafts. It's worse than the corresponding clause 2c in GPLv2... :-( It's an inconvenience and border-line with respect to freeness. Actually this clause restricts how I can modify what an

Re: GPL v3 Draft 3- text and comments

2007-04-02 Thread Francesco Poli
On Mon, 02 Apr 2007 12:26:42 +0100 Gervase Markham wrote: Francesco Poli wrote: Clause 5d in GPLv3draft3 is basically unchanged with respect to previous drafts. It's worse than the corresponding clause 2c in GPLv2... :-( [...] I would like to see clause 5d dropped entirely. I agree

Re: GPL v3 Draft 3- text and comments

2007-04-02 Thread Joe Smith
The following is intended to be a compression of your comments down into the most important points (generally, the areas you are concerned about), to aid further discussion. As well as some responses to your comments. (I had to manually fix the quoting, so apologies if I mess it up somewhere).

Re: GPL v3 Draft 3- text and comments

2007-04-01 Thread Francesco Poli
On Wed, 28 Mar 2007 16:07:34 -0400 Joe Smith wrote: [...] For the record: IANAL, IANADD. My comments on the new draft follows. I will send them to the FSF public consultation system RSN (since they are accepting comments for only 60 days, starting on 28 March). IANAL and IANADD either. [...]

GPL v3 Draft 3- text and comments

2007-03-28 Thread Joe Smith
The entire draft can be found at the end of the message. I belive some positive changes have been made, but some changes are for the worse. Here is my analysis of the license. This is more a general analysis, but I am trying to point out any DFSG-freeness problems I find. I have no real

Re: Anti-DMCA clause (was Re: GPL v3 Draft

2006-02-28 Thread Nathanael Nerode
Florian Weimer wrote: * Nathanael Nerode: I think this is overly broad. What about the following? You must not add any functionality to programs licensed under this License which may not be removed, by you or any third party, according to applicable law. Such functionality includes, but is

Re: GPL v3 Draft

2006-02-22 Thread Alexander Terekhov
Breaking new. Barnes Thornburg LLP on the GPL (Wallace v IBM et al): - Although it is not clear how it is relevant to whether the per se or rule of reason analysis would apply, Plaintiff also argues that the GPL purports to defeat the requirements of contractual privity and thus evade

Re: GPL v3 Draft

2006-02-22 Thread Alexander Terekhov
Barnes Thornburg LLP on price: --- Plaintiff's argument that an agreement to license any derivative works at no charge is somehow a minimum re-sale price is untenable given that the provision does not set a price for licenses at all, but rather provides that there shall be no price for

Re: GPL v3 Draft

2006-02-22 Thread olive
Alexander Terekhov wrote: On 2/15/06, Steve Langasek [EMAIL PROTECTED] wrote: On Tue, Feb 14, 2006 at 10:26:10AM -0600, John Goerzen wrote: On Tue, Feb 14, 2006 at 04:47:32PM +0100, Alexander Terekhov wrote: On 2/14/06, John Goerzen [EMAIL PROTECTED] wrote: On Tue, Feb 14, 2006 at

Re: GPL v3 Draft

2006-02-22 Thread Alexander Terekhov
On 2/22/06, olive [EMAIL PROTECTED] wrote: [... Not a Contract ...] I do not see why you object to this theory. Go ask Barnes Thornburg LLP. [O]ne of the Midwest's largest law firms says that The GPL, like the shrinkwrap license in ProCD, is a license applicable to anyone who receives its

Re: GPL v3 Draft

2006-02-22 Thread Alexander Terekhov
On 2/22/06, Alexander Terekhov [EMAIL PROTECTED] wrote: Barnes Thornburg LLP on price: --- Plaintiff's argument that an agreement to license any derivative works at no charge is somehow a minimum re-sale price is untenable given that the provision does not set a price for licenses at

Re: GPL v3 Draft

2006-02-22 Thread olive
Alexander Terekhov wrote: On 2/22/06, olive [EMAIL PROTECTED] wrote: [... Not a Contract ...] I do not see why you object to this theory. Go ask Barnes Thornburg LLP. [O]ne of the Midwest's largest law firms says that The GPL, like the shrinkwrap license in ProCD, is a license

Re: GPL v3 Draft

2006-02-22 Thread Alexander Terekhov
Barnes Thornburg LLP on conspiracy. -- Finally, the Response confirms that there is no alleged conspiracy, as the GPL is allegedly public by its nature with hundreds and potentially an unlimited number of programmers using the program. (Response at 3.) The allegations support no more than a

Re: GPL v3 Draft

2006-02-22 Thread Michael Poole
debian-legal is not your personal blog. Stop spamming it with off-topic troll postings already. If you want to rant or rave about nutcases tilting at windmills, do it in an appropriate place. Michael Poole -- To UNSUBSCRIBE, email to [EMAIL PROTECTED] with a subject of unsubscribe. Trouble?

Re: GPL v3 Draft

2006-02-22 Thread Alexander Terekhov
On 2/22/06, olive [EMAIL PROTECTED] wrote: [...] The GPL give you *more* permissions than copyright law; so a contract is not needed because the forbidden things by the GPL are forbidden by copyright law anyway. If you break the GPL you just can get sued because you have distributed/modified

Re: GPL v3 Draft

2006-02-22 Thread Alexander Terekhov
Moglen's underling Fontana in action. http://www.ciocentral.com/article/Questions+Still+Abound+over+GPL+3+/171577_1.aspx On the DRM front, there is little the GPL can do to fix this, and this is a matter that needs to be taken up by the legislature, Fontana said. But, that being said,

Re: GPL v3 Draft

2006-02-22 Thread Alexander Terekhov
Page 2 exhibit managed to escape. Bringing it back. On 2/22/06, Alexander Terekhov [EMAIL PROTECTED] wrote: Moglen's underling Fontana in action. http://www.ciocentral.com/article/Questions+Still+Abound+over+GPL+3+/171577_1.aspx On the DRM front, there is little the GPL can do to

Re: GPL v3 Draft

2006-02-22 Thread Stephen Gran
Olive, this guy is just a troll. Feeding him just seems to make him waste more of Debian's bandwidth and my spambox. My advice is to leave him be. -- - | ,''`.Stephen Gran | | : :' :

Re: GPL v3 Draft

2006-02-16 Thread Alexander Terekhov
On 2/15/06, Steve Langasek [EMAIL PROTECTED] wrote: On Tue, Feb 14, 2006 at 10:26:10AM -0600, John Goerzen wrote: On Tue, Feb 14, 2006 at 04:47:32PM +0100, Alexander Terekhov wrote: On 2/14/06, John Goerzen [EMAIL PROTECTED] wrote: On Tue, Feb 14, 2006 at 04:01:05PM +0100, Alexander

Re: GPL v3 Draft

2006-02-16 Thread Alexander Terekhov
On 2/16/06, Alexander Terekhov [EMAIL PROTECTED] wrote: On 2/15/06, Steve Langasek [EMAIL PROTECTED] wrote: On Tue, Feb 14, 2006 at 10:26:10AM -0600, John Goerzen wrote: On Tue, Feb 14, 2006 at 04:47:32PM +0100, Alexander Terekhov wrote: On 2/14/06, John Goerzen [EMAIL PROTECTED] wrote:

Re: GPL v3 Draft

2006-02-16 Thread Alexander Terekhov
I respectfully suggest to Debian and Software in the Public Interest, Inc. to consider sponsoring a new glasses (let's not dilute $4 million grant from OSDL) to crazy Eben, and let him take a brief look at ... http://www.ifso.ie/documents/gplv3-launch-2006-01-16.html Because the deterrent

Re: GPL v3 Draft

2006-02-14 Thread Alexander Terekhov
On 1/17/06, Alexander Terekhov [EMAIL PROTECTED] wrote: On 1/17/06, Don Armstrong [EMAIL PROTECTED] wrote: [...] Eben had a really humorous explanation, which I will attempt to paraphrase from my (impressively imperfect) memory: No lawyer knows exactly why we have been shouting at

Re: GPL v3 Draft

2006-02-14 Thread John Goerzen
On Tue, Feb 14, 2006 at 04:01:05PM +0100, Alexander Terekhov wrote: But we all know that the GPL is a license-not-a-contract, and so UCC and related case law simply doesn't apply. Do we? I thought that a license was a contract. -- To UNSUBSCRIBE, email to [EMAIL PROTECTED] with a subject of

Re: GPL v3 Draft

2006-02-14 Thread Alexander Terekhov
On 2/14/06, John Goerzen [EMAIL PROTECTED] wrote: On Tue, Feb 14, 2006 at 04:01:05PM +0100, Alexander Terekhov wrote: But we all know that the GPL is a license-not-a-contract, and so UCC and related case law simply doesn't apply. Do we? I thought that a license was a contract. Everyone

Re: GPL v3 Draft

2006-02-14 Thread John Goerzen
On Tue, Feb 14, 2006 at 04:47:32PM +0100, Alexander Terekhov wrote: On 2/14/06, John Goerzen [EMAIL PROTECTED] wrote: On Tue, Feb 14, 2006 at 04:01:05PM +0100, Alexander Terekhov wrote: But we all know that the GPL is a license-not-a-contract, and so UCC and related case law simply

Re: GPL v3 Draft

2006-02-14 Thread Alexander Terekhov
On 2/14/06, John Goerzen [EMAIL PROTECTED] wrote: [...] What purpose do you feel calling a person blind or an idiot serves? I don't think you are contributing anything to this discussion. How about this: http://www.linuxworld.com/story/43614.htm (I am an Adjunct Professor at Duquesne

Re: GPL v3 Draft

2006-02-14 Thread Steve Langasek
On Tue, Feb 14, 2006 at 10:26:10AM -0600, John Goerzen wrote: On Tue, Feb 14, 2006 at 04:47:32PM +0100, Alexander Terekhov wrote: On 2/14/06, John Goerzen [EMAIL PROTECTED] wrote: On Tue, Feb 14, 2006 at 04:01:05PM +0100, Alexander Terekhov wrote: But we all know that the GPL is a

Re: Anti-DMCA clause (was Re: GPL v3 Draft

2006-02-11 Thread Florian Weimer
* Nathanael Nerode: I think this is overly broad. What about the following? You must not add any functionality to programs licensed under this License which may not be removed, by you or any third party, according to applicable law. Such functionality includes, but is not limited to,

Re: Anti-DMCA clause (was Re: GPL v3 Draft

2006-02-01 Thread Nathanael Nerode
Florian Weimer wrote: * Nathanael Nerode: Hrrm. We need a different clause then. No program licensed under this License, which accesses a work, shall require the authority of the copyright owner for that work, in order to gain access to that work. Accordingly, no program licensed under

Re: Anti-DMCA clause (was Re: GPL v3 Draft

2006-01-28 Thread Florian Weimer
* Nathanael Nerode: Hrrm. We need a different clause then. No program licensed under this License, which accesses a work, shall require the authority of the copyright owner for that work, in order to gain access to that work. Accordingly, no program licensed under this License is a

Re: Anti-DMCA clause (was Re: GPL v3 Draft

2006-01-25 Thread Josh Triplett
Walter Landry wrote: Nathanael Nerode [EMAIL PROTECTED] wrote: Walter Landry [EMAIL PROTECTED] wrote: That is the basic problem with these anti-DRM clauses: differentiating between DRM and legitimate privacy controls is basically impossible. I think it is possible. It requires a sharp focus

Re: Anti-DMCA clause (was Re: GPL v3 Draft

2006-01-25 Thread Francesco Poli
On Wed, 25 Jan 2006 08:44:21 -0800 Josh Triplett wrote: This does raise another interesting point: there are laws in some jurisdictions which mandate the use of certain measures to protect privacy in certain situations, such as patient medical records. It would be problematic if this clause

Re: Anti-DMCA clause (was Re: GPL v3 Draft

2006-01-23 Thread Alexander Terekhov
On 1/23/06, Walter Landry [EMAIL PROTECTED] wrote: [...] A legitimate privacy device may function very much like DRM. Consider classified environments, where you really don't want people to copy things around willy-nilly. Making it hard to copy information won't eliminate leaks, but it will

Re: Anti-DMCA clause (was Re: GPL v3 Draft

2006-01-22 Thread Walter Landry
Nathanael Nerode [EMAIL PROTECTED] wrote: Walter Landry [EMAIL PROTECTED] wrote: Nathanael Nerode [EMAIL PROTECTED] wrote: Hrrm. We need a different clause then. No program licensed under this License, which accesses a work, shall require the authority of the copyright owner for that

Re: GPL v3 Draft

2006-01-21 Thread Francesco Poli
On Mon, 16 Jan 2006 09:07:42 -0800 Don Armstrong wrote: Here is version 3; it's also available on gplv3.fsf.org as well. OK, I'm going to comment here first, so that I can get some feedback from other debian-legal regulars. Feel free to comment on my concerns. GNU GENERAL PUBLIC LICENSE

Re: Anti-DMCA clause (was Re: GPL v3 Draft

2006-01-20 Thread Nathanael Nerode
Walter Landry [EMAIL PROTECTED] wrote: Nathanael Nerode [EMAIL PROTECTED] wrote: Hrrm. We need a different clause then. No program licensed under this License, which accesses a work, shall require the authority of the copyright owner for that work, in order to gain access to that work.

Re: Anti-DMCA clause (was Re: GPL v3 Draft

2006-01-20 Thread Nathanael Nerode
I wrote: Accordingly, no program licensed under this License is a technological measure which effectively controls access to any work. Walter Landry wrote: Again, writing this sentence into the license doesn't make it true. Well, no, but I think it is in fact true. It is decided by external

Re: Anti-DMCA clause (was Re: GPL v3 Draft

2006-01-20 Thread Walter Landry
Andrew Donnellan [EMAIL PROTECTED] wrote: On 1/20/06, Glenn Maynard [EMAIL PROTECTED] wrote: There seems to be some rift between the law and reality, though. If the law is taken literally, it's a no-op: it forbids writing software that can't be written (if you write software for an

Re: Anti-DMCA clause (was Re: GPL v3 Draft

2006-01-20 Thread Glenn Maynard
On Fri, Jan 20, 2006 at 09:49:09AM -0800, Walter Landry wrote: I think that effective does not mean perfect. Having a police force is an effective way of combatting crime, but it is far from perfect. A security mechanism which has been defeated by a piece of software is not imperfect. If I

Re: Anti-DMCA clause (was Re: GPL v3 Draft

2006-01-20 Thread Jeremy Hankins
Glenn Maynard [EMAIL PROTECTED] writes: A security mechanism which has been defeated by a piece of software is not imperfect. If I post my root password to this list, it is not an imperfect but still effective security mechanism; it is useless and defeated. But, as you note below, that's

Re: Anti-DMCA clause (was Re: GPL v3 Draft

2006-01-20 Thread Glenn Maynard
On Fri, Jan 20, 2006 at 10:30:29PM -0500, Jeremy Hankins wrote: If you want to be charitable, you might say that effective here is being used in the sense of effectively, it's a security mechanism. But whether you want to be charitable or not, it's clearly not being used in a way that requires

Re: Ironies abound (was Re: GPL v3 draft)

2006-01-19 Thread Alexander Terekhov
On 1/19/06, Glenn Maynard [EMAIL PROTECTED] wrote: [...] compatible with itself The GPL is incompatible with itself. quote*** A recent press conference of the Free Software Foundation confirmed the rumors that the GNU General Public License was found to be incompatible with itself. This newly

Re: Ironies abound (was Re: GPL v3 draft)

2006-01-19 Thread Yorick Cool
What is it you need to get rid of trolls? Fire? On Thu, Jan 19, 2006 at 02:33:41PM +0100, Alexander Terekhov wrote: Alexander On 1/19/06, Glenn Maynard [EMAIL PROTECTED] wrote: Alexander [...] Alexander compatible with itself Alexander Alexander The GPL is incompatible with itself. Alexander

Re: Ironies abound (was Re: GPL v3 draft)

2006-01-19 Thread Alexander Terekhov
On 1/19/06, Yorick Cool [EMAIL PROTECTED] wrote: What is it you need to get rid of trolls? Fire? A troll hunter. regards, alexander.

Re: Ironies abound (was Re: GPL v3 draft)

2006-01-19 Thread Alexander Terekhov
On 1/19/06, Alexander Terekhov [EMAIL PROTECTED] wrote: On 1/19/06, Glenn Maynard [EMAIL PROTECTED] wrote: [...] compatible with itself The GPL is incompatible with itself. [ ... Shlomi Fish on Monday April 01 ...] Beside that, http://www.onlamp.com/pub/a/onlamp/2005/09/22/gpl3.html?page=2

Re: Ironies abound (was Re: GPL v3 draft)

2006-01-19 Thread MJ Ray
Yorick Cool [EMAIL PROTECTED] What is it you need to get rid of trolls? Fire? A clue-by-four, the same as used for top-post/whole-quoters. (ObSerious: please stop feeding the troll, please follow the code of conduct and no top-posting. That means you.) -- MJR/slef My Opinion Only: see

Re: Ironies abound (was Re: GPL v3 draft)

2006-01-19 Thread Alexander Terekhov
Hands Off Yorick! On 1/19/06, MJ Ray [EMAIL PROTECTED] wrote: Yorick Cool [EMAIL PROTECTED] What is it you need to get rid of trolls? Fire? A clue-by-four, the same as used for top-post/whole-quoters. (ObSerious: please stop feeding the troll, please follow the code of conduct and no

Re: GPL v3 Draft

2006-01-19 Thread Walter Landry
Nathanael Nerode [EMAIL PROTECTED] wrote: [EMAIL PROTECTED] wrote: Anthony Towns aj@azure.humbug.org.au wrote: On Mon, Jan 16, 2006 at 02:15:09PM -0500, Glenn Maynard wrote: No covered work constitutes part of an effective technological protection measure: that is to say,

Anti-DMCA clause (was Re: GPL v3 Draft

2006-01-19 Thread Nathanael Nerode
Arnoud Engelfriet [EMAIL PROTECTED] wrote: I think the DMCA actually speaks about access to the work (17 U.S.C. 1201): (2) No person shall manufacture, import, offer to the public, provide, or otherwise traffic in any technology, product, service, device, component, or part

Re: Clause 7d (was Re: Ironies abound (was Re: GPL v3 draft)

2006-01-19 Thread Gervase Markham
Nathanael Nerode wrote: So here it is: 7d. They may require that propagation of a covered work which causes it to have users other than You, must enable all users of the work to make and receive copies of the work. I like this, together with Arnoud's suggestions. But Walter is right; the

Re: Anti-DMCA clause (was Re: GPL v3 Draft

2006-01-19 Thread Arnoud Engelfriet
Nathanael Nerode wrote: No program licensed under this License, which accesses a work, shall require the authority of the copyright owner for that work, in order to gain access to that work. I'm not sure how a program _can_ require authority of a copyright holder? Did you mean The exercise

Re: Ironies abound (was Re: GPL v3 draft)

2006-01-19 Thread Matthew Palmer
On Thu, Jan 19, 2006 at 02:46:52PM +0100, Yorick Cool wrote: What is it you need to get rid of trolls? Fire? A billy goat gruff, if I remember my mythology correctly. - Matt -- To UNSUBSCRIBE, email to [EMAIL PROTECTED] with a subject of unsubscribe. Trouble? Contact [EMAIL PROTECTED]

Re: Anti-DMCA clause (was Re: GPL v3 Draft

2006-01-19 Thread Walter Landry
Nathanael Nerode [EMAIL PROTECTED] wrote: Hrrm. We need a different clause then. No program licensed under this License, which accesses a work, shall require the authority of the copyright owner for that work, in order to gain access to that work. This is too broad. If I have a machine on

Re: GPL v3 Draft

2006-01-19 Thread Glenn Maynard
On Thu, Jan 19, 2006 at 07:53:46AM +0100, Arnoud Engelfriet wrote: Nathanael Nerode wrote: Effective technological protection measure is supposed to mean Effective technological protection measure for preventing copying or distribution. I think the DMCA actually speaks about access to

Re: GPL v3 Draft

2006-01-19 Thread Alexander Terekhov
On 1/19/06, Glenn Maynard [EMAIL PROTECTED] wrote: [...] (Of course, laws and courts have free reign to interpret words in any way that suits their agenda, so effectively probably really means pretends to ...) It meansin effect here. regards, alexander.

Re: Anti-DMCA clause (was Re: GPL v3 Draft

2006-01-19 Thread Glenn Maynard
On Thu, Jan 19, 2006 at 01:58:08PM -0800, Walter Landry wrote: Accordingly, no program licensed under this License is a technological measure which effectively controls access to any work. Again, writing this sentence into the license doesn't make it true. It is decided by external

Re: Anti-DMCA clause (was Re: GPL v3 Draft

2006-01-19 Thread Andrew Donnellan
On 1/20/06, Glenn Maynard [EMAIL PROTECTED] wrote: There seems to be some rift between the law and reality, though. If the law is taken literally, it's a no-op: it forbids writing software that can't be written (if you write software for an effective protection scheme, then, well, it's not

Re: GPL v3 Draft

2006-01-19 Thread Glenn Maynard
On Mon, Jan 16, 2006 at 11:52:43PM -0800, Don Armstrong wrote: Eben had a really humorous explanation, which I will attempt to paraphrase from my (impressively imperfect) memory: No lawyer knows exactly why we have been shouting at eachother for the past 50(?) years; but since everyone

Re: Anti-DMCA clause (was Re: GPL v3 Draft

2006-01-19 Thread Alexander Terekhov
On 1/20/06, Glenn Maynard [EMAIL PROTECTED] wrote: [...] (Unfortunately, I don't speak that language ...) Hey legals, drop this link http://www.m-w.com/cgi-bin/dictionary?va=effectively to poor Maynard. regards, alexander.

Re: Ironies abound (was Re: GPL v3 draft)

2006-01-18 Thread Marco d'Itri
[EMAIL PROTECTED] wrote: I'm not going to defend patch clauses. I think they're massively horrible things, and the world would be a better place without them. But deciding that they're not free any more would involve altering our standards of freedom, and I don't see any way that we can

Re: GPL v3 Draft

2006-01-18 Thread Alexander Terekhov
On 1/18/06, Joe Buck [EMAIL PROTECTED] wrote: On Wed, Jan 18, 2006 at 03:34:24AM +0100, Alexander Terekhov wrote: On 1/18/06, Alexander Terekhov [EMAIL PROTECTED] wrote: On 1/18/06, Joe Buck [EMAIL PROTECTED] wrote: On Wed, Jan 18, 2006 at 01:48:11AM +0100, Alexander Terekhov wrote:

Re: Ironies abound (was Re: GPL v3 draft)

2006-01-18 Thread MJ Ray
Matthew Garrett: Because saying We used to think that this sort of license provided you with all necessary freedoms, but now we've decided that it doesn't looks astonishingly bad? Is not looking bad more important than getting it right eventually? (Start aliasing [EMAIL PROTECTED] to

Re: GPL v3 Draft

2006-01-18 Thread Alexander Terekhov
On 1/18/06, Alexander Terekhov [EMAIL PROTECTED] wrote: On 1/18/06, Joe Buck [EMAIL PROTECTED] wrote: On Wed, Jan 18, 2006 at 03:34:24AM +0100, Alexander Terekhov wrote: On 1/18/06, Alexander Terekhov [EMAIL PROTECTED] wrote: On 1/18/06, Joe Buck [EMAIL PROTECTED] wrote: On Wed, Jan

Re: GPL v3 Draft

2006-01-18 Thread Frank Küster
Alexander Terekhov [EMAIL PROTECTED] wrote: Doesn't anyone outside the academic legal community harbor any suspicion that the GPL is broken? Eben Moglen has propounded specious legal theories without ever citing relevant case, statute or other legal authority supporting his stance on the

Re: GPL v3 Draft

2006-01-18 Thread Alexander Terekhov
On 1/18/06, Frank Küster [EMAIL PROTECTED] wrote: [...] http://www.jbb.de/urteil_lg_muenchen_gpl.pdf, an english translation at http://www.jbb.de/judgment_dc_munich_gpl.pdf I know. See http://lists.debian.org/debian-legal/2006/01/msg00088.html Pls read that message in its entirety (and also

Re: Ironies abound (was Re: GPL v3 draft)

2006-01-18 Thread Matthew Garrett
Glenn Maynard [EMAIL PROTECTED] wrote: On Wed, Jan 18, 2006 at 06:24:19AM +, Matthew Garrett wrote: What mistakes? Pretty much the entire free software community believes that patch-clause licenses are acceptable. Why do you think that they're not? You're asking me to repeat the entire

Re: Ironies abound (was Re: GPL v3 draft)

2006-01-18 Thread Matthew Garrett
Michio Ray [EMAIL PROTECTED] wrote: Is not looking bad more important than getting it right eventually? (Start aliasing [EMAIL PROTECTED] to /dev/null: a big BTS looks bad.) Nngh. Another irony. I thought Matthew Garrett usually argued for changing views at the drop of a hat. For example,

Clause 7d (was Re: Ironies abound (was Re: GPL v3 draft)

2006-01-18 Thread Nathanael Nerode
Well, I did devise a potentially Free alternative for the infamous clause 7d after an hour or two's thought. The key point here was that the clause suffered from specifying means rather than ends, which we have diagnosed as a major source of license drafting errors. By restricting the

Re: GPL v3 Draft

2006-01-18 Thread Joe Buck
On Wed, Jan 18, 2006 at 11:35:55AM +0100, Alexander Terekhov wrote: Moglen is a liar. And Stallman too. *plonk* -- To UNSUBSCRIBE, email to [EMAIL PROTECTED] with a subject of unsubscribe. Trouble? Contact [EMAIL PROTECTED]

Re: GPL v3 Draft

2006-01-18 Thread Alexander Terekhov
On 1/18/06, Joe Buck [EMAIL PROTECTED] wrote: On Wed, Jan 18, 2006 at 11:35:55AM +0100, Alexander Terekhov wrote: Moglen is a liar. And Stallman too. *plonk* And how long is your plonk? Longer than Pool's one? regards, alexander.

Re: Clause 7d (was Re: Ironies abound (was Re: GPL v3 draft)

2006-01-18 Thread Josh Triplett
Nathanael Nerode wrote: The key point here was that the clause suffered from specifying means rather than ends, which we have diagnosed as a major source of license drafting errors. By restricting the functionality of the program and all derivative works, it causes endless trouble. That

Re: Clause 7d (was Re: Ironies abound (was Re: GPL v3 draft)

2006-01-18 Thread Arnoud Engelfriet
Nathanael Nerode wrote: 7d. They may require that propagation of a covered work which causes it to have users other than You, must enable all users of the work to make and receive copies of the work. This sounds a lot better. I would suggest using work based on the Program to re-use that

Re: Clause 7d (was Re: Ironies abound (was Re: GPL v3 draft)

2006-01-18 Thread Matthew Palmer
On Wed, Jan 18, 2006 at 11:52:39AM -0500, Nathanael Nerode wrote: Well, I did devise a potentially Free alternative for the infamous clause 7d after an hour or two's thought. The key point here was that the clause suffered from specifying means rather than ends, which we have diagnosed as

Re: Ironies abound (was Re: GPL v3 draft)

2006-01-18 Thread Glenn Maynard
On Tue, Jan 17, 2006 at 07:18:10PM -0800, Steve Langasek wrote: But in that case, you might find it more fruitful to discuss this clause with the FSF itself rather than with debian-legal. Well, I'm not discussing these things here to try to get the weight of this would make Debian call the

Re: Clause 7d (was Re: Ironies abound (was Re: GPL v3 draft)

2006-01-18 Thread Alexander Terekhov
On 1/18/06, Matthew Palmer [EMAIL PROTECTED] wrote: [...} What do other people think of this? I think the GPLv3 is great. It's perfect impotence pill for (ordinary contractual) stuff like OSL, IPL, CPL and whatnot the FSF is going to deem now compatible. The OSI approval (I just pray that

Re: GPL v3 Draft

2006-01-18 Thread Francesco Poli
On Mon, 16 Jan 2006 22:41:05 -0800 Josh Triplett wrote: Bas Zoetekouw wrote: Hi Glenn! You wrote: 3. Digital Restrictions Management. As a free software license, this License intrinsically disfavors technical attempts to restrict users' freedom to copy, modify, and share copyrighted

Re: GPL v3 Draft

2006-01-18 Thread Francesco Poli
On Tue, 17 Jan 2006 10:13:18 +0100 Jacobo Tarrio wrote: d) Distribute the Object Code by offering access to copy it from a designated place, and offer equivalent access to copy the Corresponding Source in the same way through the same place. You need not require recipients to copy the

Re: GPL v3 Draft

2006-01-18 Thread Francesco Poli
On Mon, 16 Jan 2006 15:26:47 -0500 Glenn Maynard wrote: I'm in favor, in principle, of being allowed to make anonymous changes. So do I! The right to make anonymous changes is indeed an important one. -- :-( This Universe is buggy! Where's the Creator's BTS? ;-)

Re: GPL v3 Draft

2006-01-18 Thread Nathanael Nerode
[EMAIL PROTECTED] wrote: Anthony Towns aj@azure.humbug.org.au wrote: On Mon, Jan 16, 2006 at 02:15:09PM -0500, Glenn Maynard wrote: No covered work constitutes part of an effective technological protection measure: that is to say, distribution of a covered work as part of a system

Re: Ironies abound (was Re: GPL v3 draft)

2006-01-18 Thread Nathanael Nerode
Glenn Maynard wrote: No, I've described why they practically *prohibit* code reuse. The only counterarguments I've ever seen are: - code reuse isn't important (often thinly veiled as eg. you don't really need to reuse code, you can always rewrite it), and - if you really want to reuse

Re: Ironies abound (was Re: GPL v3 draft)

2006-01-18 Thread Glenn Maynard
On Wed, Jan 18, 2006 at 11:14:03PM -0500, Nathanael Nerode wrote: Have you heard argument three? A new license incompatible with all other free software licenses practically prohibits code reuse in the same way. This sucks, but we consider it Free (while discouraging it). Patch clauses

Re: GPL v3 Draft

2006-01-18 Thread Arnoud Engelfriet
Nathanael Nerode wrote: Effective technological protection measure is supposed to mean Effective technological protection measure for preventing copying or distribution. I think the DMCA actually speaks about access to the work (17 U.S.C. 1201): (2) No person shall manufacture, import,

Re: GPL v3 Draft

2006-01-17 Thread Glenn Maynard
On Tue, Jan 17, 2006 at 05:05:26PM +1000, Anthony Towns wrote: HTTP and FTP sound pretty equivalent to me. I don't think you'd have any problems finding an expert witness to testify to that. HTTP and rsync might not be, though. I'm not sure a court would have much difficulty in allowing

Re: GPL v3 Draft

2006-01-17 Thread Don Armstrong
On Tue, 17 Jan 2006, Henning Makholm wrote: Scripsit Don Armstrong [EMAIL PROTECTED] | 16.[11] There is no warranty for the Program, to the extent permitted by | applicable law. Except when otherwise stated in writing the copyright | holders and/or other parties provide the Program as is

Re: GPL v3 Draft

2006-01-17 Thread Steve Langasek
On Tue, Jan 17, 2006 at 02:49:24AM -0500, Glenn Maynard wrote: On Tue, Jan 17, 2006 at 05:05:26PM +1000, Anthony Towns wrote: HTTP and FTP sound pretty equivalent to me. I don't think you'd have any problems finding an expert witness to testify to that. HTTP and rsync might not be, though.

Re: GPL v3 Draft

2006-01-17 Thread Jacobo Tarrio
El lunes, 16 de enero de 2006 a las 09:07:42 -0800, Don Armstrong escribía: The Complete Corresponding Source Code for a work in object code form means all the source code needed to understand, adapt, modify, compile, Good, now even if someone codes a piece of firmware directly in machine

Re: GPL v3 Draft

2006-01-17 Thread Glenn Maynard
On Tue, Jan 17, 2006 at 12:49:31AM -0800, Steve Langasek wrote: On Tue, Jan 17, 2006 at 02:49:24AM -0500, Glenn Maynard wrote: What about binaries via BitTorrent, source via HTTP? BT would be more capable than HTTP for many projects' binaries, and HTTP more capable for source, where a lot

Re: GPL v3 Draft

2006-01-17 Thread Alexander Terekhov
On 1/17/06, Don Armstrong [EMAIL PROTECTED] wrote: [...] Eben had a really humorous explanation, which I will attempt to paraphrase from my (impressively imperfect) memory: No lawyer knows exactly why we have been shouting at eachother for the past 50(?) years; but since everyone is

  1   2   >