Re: IBM CPL v1

2006-06-12 Thread Marco d'Itri
[EMAIL PROTECTED] wrote:

I mean: may I be an anonymous Contributor?
Being forced to disclose my own real identity is a significant
restriction: it would render software under the CPL non-free (because
it's a fee, see DFSG#1).
This is in no way a fee.

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Re: IBM CPL v1

2006-06-12 Thread Ben Finney
Marco d'Itri [EMAIL PROTECTED] writes:

 [EMAIL PROTECTED] wrote:
 
 I mean: may I be an anonymous Contributor?
 Being forced to disclose my own real identity is a significant
 restriction: it would render software under the CPL non-free (because
 it's a fee, see DFSG#1).

 This is in no way a fee.

I concur that it's not a fee[0].

Regardless, a requirement to disclose one's real identity does fail
the Dissident test and is thus non-free.

URL:http://people.debian.org/~bap/dfsg-faq.html#dissident


[0] I do feel that an individual's private information is effectively
a valuable property that can be traded at the individual's discretion
in pieces for other things of value.

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Ben Finney


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Re: IBM CPL v1

2006-06-12 Thread MJ Ray
Ben Finney [EMAIL PROTECTED]
 Regardless, a requirement to disclose one's real identity does fail
 the Dissident test and is thus non-free.
 URL:http://people.debian.org/~bap/dfsg-faq.html#dissident

#import Marco.rant/the-tests-have-no-basis-in-DFSG

I suspect they do, but I've not found it myself yet.

 I concur that it's not a fee[0].
 [0] I do feel that an individual's private information is effectively
 a valuable property that can be traded at the individual's discretion
 in pieces for other things of value.

How do you conclude that having to give valuable property to the
licensor is not a fee?

I'm undecided on both of these points.

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Re: IBM CPL v1

2006-06-12 Thread Marco d'Itri
[EMAIL PROTECTED] wrote:

Regardless, a requirement to disclose one's real identity does fail
the Dissident test and is thus non-free.
This dissident test is not part of the DFSG, so it cannot make
something non-free.

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Re: IBM CPL v1

2006-06-12 Thread Ben Finney
MJ Ray [EMAIL PROTECTED] writes:

 Ben Finney [EMAIL PROTECTED]
  I concur that it's not a fee[0].
  [0] I do feel that an individual's private information is effectively
  a valuable property that can be traded at the individual's discretion
  in pieces for other things of value.
 
 How do you conclude that having to give valuable property to the
 licensor is not a fee?

I don't think fee should be defined so broadly as to include
obligation to surrender something that could theoretically have a
monetary value to someone.

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Re: IBM CPL v1

2006-06-12 Thread Peter Van Eynde
Hello,

In the spirit of Enrico's talk: where does the license ask for your _real_ 
identity?

Alle Monday 12 June 2006 11:23, Ben Finney ha scritto:
 Marco d'Itri [EMAIL PROTECTED] writes:
  This is in no way a fee.
 
 I concur that it's not a fee[0].
 
/me nods

 Regardless, a requirement to disclose one's real identity does fail
 the Dissident test and is thus non-free.

Well this is a point I do not agree on, but does it actually matter? The text 
as quoted says:

| Each Contributor must identify itself as the originator of its
| Contribution, if any, in a manner that reasonably allows subsequent
| Recipients to identify the originator of the Contribution.

Besides the fact that I think 'Contributor' is more intended to mean 'company' 
then 'person' I see no 'real identity' in there. A semi-permanent email 
address or a website would suffice, in any case you already have to do this 
for clause 3.A.iv:

|   iv) states that source code for the Program is available from such
| Contributor, and informs licensees how to obtain it in a reasonable manner
| on or through a medium customarily used for software exchange.

Much like in the GPL. I see no passport verification step here ;-).

Groetjes, Peter

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Re: IBM CPL v1

2006-06-11 Thread Florian Weimer
* Francesco Poli:

 I mean: may I be an anonymous Contributor?
 Being forced to disclose my own real identity is a significant
 restriction: it would render software under the CPL non-free (because
 it's a fee, see DFSG#1).

On the other hand, being able to identify all contributors is vital
for reviewing the copyright status of a program, should there be any
doubt or copyright infringement claims.  Programs with an unclear
copyright situation cannot be considered free, IMHO.


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Re: IBM CPL v1

2006-06-11 Thread MJ Ray
Florian Weimer [EMAIL PROTECTED]
 On the other hand, being able to identify all contributors is vital
 for reviewing the copyright status of a program, should there be any
 doubt or copyright infringement claims.  Programs with an unclear
 copyright situation cannot be considered free, IMHO.

I disagree, at the extreme.  If it's *provably* so unclear that no-one can
enforce a copyright over it, then it's effectively in the public domain
and so free.  However, you are far more likely to hit 'lawyerbomb' than
'free' and it's better to try to clarify.

Hope that helps,
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Re: IBM CPL v1

2006-06-10 Thread Francesco Poli
On Thu, 08 Jun 2006 20:40:09 +0200 Henning Makholm wrote:

 Scripsit Roger Leigh [EMAIL PROTECTED]
 
  Is the IBM Common Public Licence version 1.0 (below) considered
  DFSG-free?
 
 We have software under this licence in main already, notably postfix
 and graphviz. The license has been discussed explicitly on
 debian-legal at least once [1] and no flaws big enough to cause it to
 be considered non-free were discovered.
 
 [1] http://lists.debian.org/debian-legal/2005/01/msg00297.html
 
 For my attempt to summarize the 2005 discussion, see
 http://lists.debian.org/debian-legal/2005/01/msg00847.html

Wait!

I re-read that thread and then reviewed the license text.
I think I spotted a pair of issues that weren't noticed back in January
2005...

Firstoff, the CPL states (at the end of section 3.):

| Each Contributor must identify itself as the originator of its
| Contribution, if any, in a manner that reasonably allows subsequent
| Recipients to identify the originator of the Contribution. 

Does this mean that a Contributor is required to disclose his/her own
real identity in order to exercise the rights granted by the license?

I mean: may I be an anonymous Contributor?
Being forced to disclose my own real identity is a significant
restriction: it would render software under the CPL non-free (because
it's a fee, see DFSG#1).


Secondly, the last two sentences of the license are:

| No party to this Agreement will bring a legal action under this
| Agreement more than one year after the cause of action arose. Each
| party waives its rights to a jury trial in any resulting litigation. 

Why cannot I bring a legal action more than one year after the cause of
action?
This could mean that an infringer will practically become statute-barred
after one year, even if the applicable laws say otherwise.
I don't see this as fair...

Moreover and more concerning: why am I required to waive my rights to a
jury trial in any resulting litigation?
This seems to be a sort of fee (DFSG#1).


 
 The patent self-destruct feature of the license is quite restrained
 and is within what we generally consider fair self-defense.

I agree.


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Re: IBM CPL v1

2006-06-08 Thread Henning Makholm
Scripsit Roger Leigh [EMAIL PROTECTED]

 Is the IBM Common Public Licence version 1.0 (below) considered
 DFSG-free?

We have software under this licence in main already, notably postfix
and graphviz. The license has been discussed explicitly on
debian-legal at least once [1] and no flaws big enough to cause it to
be considered non-free were discovered.

[1] http://lists.debian.org/debian-legal/2005/01/msg00297.html

For my attempt to summarize the 2005 discussion, see
http://lists.debian.org/debian-legal/2005/01/msg00847.html

The patent self-destruct feature of the license is quite restrained
and is within what we generally consider fair self-defense.

-- 
Henning Makholm... it cannot be told in his own
 words because after September 11 he
forgot about keeping his diary for a long time.


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