Re: ITP:Bug#460591 - Falcon P.L. license

2008-03-31 Thread Giancarlo Niccolai
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Walter Landry wrote:
 Giancarlo Niccolai [EMAIL PROTECTED] wrote:
 I am working now at this. However, I have a notice in every file
 stating that the file is released under the terms described in the
 LICENSE file that must come bound with the sources. I think that
 changing the content of that file, instead of changing the contents of
 each source (there are several hundreds) may be enough. Can you
 confirm this or is putting a more descriptive license statement in
 each source a requirement?

 I opened up a random file in the 0.8.8 release, and I found

 /*
FALCON - The Falcon Programming Language
FILE: indirect.cpp
$Id: indirect.cpp,v 1.6 2007/03/04 17:39:03 jonnymind Exp $

Indirect function calling and symbol access.
---
Author: Giancarlo Niccolai
Begin: gio apr 13 2006
Last modified because:

---
(C) Copyright 2004: the FALCON developers (see list in AUTHORS file)

See LICENSE file for licensing details.
In order to use this file in its compiled form, this source or
part of it you have to read, understand and accept the conditions
that are stated in the LICENSE file that comes boundled with this
package.
 */

 This is not quite accurate, since you do not have to accept the GPL to
 use the code.  You only have to accept it if you make copies.  The
 current wording makes your intent unclear.  If you just had

   See LICENSE file for licensing details.

 then that would be fine.  If the file ever gets separated from the
 LICENSE file, it may be difficult to figure out its license.  But that
 is not critical for you.

 Cheers,
 Walter Landry
 [EMAIL PROTECTED]


Ok, I understand.

It seems that there is the need to touch the header of all the files,
so I can't just re-distribute version 0.8.8 changing its license as I
wanted. Also, it would be a bit confusing, as other distros are
distributing 0.8.8 with the previous licensing scheme.

Luckily, we have just completed the review of features that we planned
for release 0.8.10; in other words, our official 0.8.10 release is
nearly ready, except for stress test, packaging and documentation
updates. We may have it shaped up in a week or so. The structure of
the package was not planned to change, so it's just a change on the
sources, while the packaging (i.e. /debian stuff) can stay the same.
As we're releasing, I'll take the occasion to stuff the new license
plates in the source headers. We're not writing scripting languages
for nothing, after all :-))

So I'll be back with a dual licensed package in a week or so.

About the FPLL license, I have a tentative 1.1 version, which my
lawyers have been reviewing since today. I have changed the too wide
and generic script term into:

* Applications of the Work shall mean any work, whether in
  Source or Object form, that is expressed through the grammar
  rules which are known by the Work and that require the Work to
  perform its execution.

So, you can write scripts in the Falcon language, but if you don't run
them with a work covered by this license, the license does not
extends to them. Also, I have removed references to the old script
without changing it in to the new term in the copyright-copyleft
statement. In other words, Applications of the work do not appare in
the copyleft.

Finally, point 5 is simplified and cites explicitly Applications of
the Work instead of the generic term Scripts. So, point 5 requiring
closed sources scripted apps to carry a notice is to be applied only
if those scripts are run with an interpreter covered by the license.

Oh, and I copied the how to apply appendix from Apache 2 :-)

The complete reviewed text is here:

http://www.falconpl.org/?page_id=license_1_1

Thanks to everyone here for the precious reviews and suggestions. If
someone has further comments on this new version of the license, they
will be welcome.

Bests,
Giancarlo Niccolai.
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Re: ITP:Bug#460591 - Falcon P.L. license

2008-03-30 Thread Giancarlo Niccolai
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Walter Landry wrote:
 Giancarlo Niccolai [EMAIL PROTECTED] wrote:
 Walter Landry wrote:
 Giancarlo Niccolai [EMAIL PROTECTED] wrote:
 In example, I can release Falcon as a Debian package under
 GPL, and let users pick FPLL if they wish.
 That would be perfect.  Many other programs in Debian are
 dual-licensed in that manner.

 Very well, let's go for that then.

 How that can be accomplished? --  where can I look for samples,
 and what do I need write?

 Firefox is one example.  In every file, you can write something
 like


I am working now at this. However, I have a notice in every file
stating that the file is released under the terms described in the
LICENSE file that must come bound with the sources. I think that
changing the content of that file, instead of changing the contents of
each source (there are several hundreds) may be enough. Can you
confirm this or is putting a more descriptive license statement in
each source a requirement?

Bests,
Giancarlo Niccolai.

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Re: ITP:Bug#460591 - Falcon P.L. license

2008-03-30 Thread Walter Landry
Giancarlo Niccolai [EMAIL PROTECTED] wrote:
 I am working now at this. However, I have a notice in every file
 stating that the file is released under the terms described in the
 LICENSE file that must come bound with the sources. I think that
 changing the content of that file, instead of changing the contents of
 each source (there are several hundreds) may be enough. Can you
 confirm this or is putting a more descriptive license statement in
 each source a requirement?

I opened up a random file in the 0.8.8 release, and I found

/*
   FALCON - The Falcon Programming Language
   FILE: indirect.cpp
   $Id: indirect.cpp,v 1.6 2007/03/04 17:39:03 jonnymind Exp $

   Indirect function calling and symbol access.
   ---
   Author: Giancarlo Niccolai
   Begin: gio apr 13 2006
   Last modified because:

   ---
   (C) Copyright 2004: the FALCON developers (see list in AUTHORS file)

   See LICENSE file for licensing details.
   In order to use this file in its compiled form, this source or
   part of it you have to read, understand and accept the conditions
   that are stated in the LICENSE file that comes boundled with this
   package.
*/

This is not quite accurate, since you do not have to accept the GPL to
use the code.  You only have to accept it if you make copies.  The
current wording makes your intent unclear.  If you just had

  See LICENSE file for licensing details.

then that would be fine.  If the file ever gets separated from the
LICENSE file, it may be difficult to figure out its license.  But that
is not critical for you.

Cheers,
Walter Landry
[EMAIL PROTECTED]


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Re: ITP:Bug#460591 - Falcon P.L. license

2008-03-25 Thread MJ Ray
Sean Kellogg [EMAIL PROTECTED] wrote:
 On Wednesday 19 March 2008 03:10:07 pm Francesco Poli wrote:
  I don't think that copyright laws give you the right to control
  distribution of Scripts, that is to say, works written in your
  programming language.
 [...]
 There's even the question of how someone goes about learning the language... 
 presumably by example (that's how I've learned most other languages). Can I 
 create a work that is not derivative of those examples and thus under the 
 preview of copyright law?
 
 This would have made a fun topic to write about in law school :)

Sure.  I suspect there's quite a bit of case law about it, including some
generated by the loglan/lojban disputes, where 'JCB claimed copyright to
the language (any use of Loglan had to be approved by him)'
Source: http://arj.nvg.org/lojban/why-i-like.html

I'm suspicious of any language where the definer is the first implementer
and hasn't renounced all claim to works in that language.  They look like
lawyerbombs to me because I don't know any better.  Is that a good thing
to have when trying to promote your new language?

Regards,
-- 
MJR/slef
My Opinion Only: see http://people.debian.org/~mjr/
Please follow http://www.uk.debian.org/MailingLists/#codeofconduct


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Re: ITP:Bug#460591 - Falcon P.L. license

2008-03-25 Thread Giancarlo Niccolai
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Walter Landry wrote:
 Giancarlo Niccolai [EMAIL PROTECTED] wrote:
 In example, I can release Falcon as a Debian package under GPL, and
 let users pick FPLL if they wish.

 That would be perfect.  Many other programs in Debian are
 dual-licensed in that manner.

 Cheers,
 Walter Landry
 [EMAIL PROTECTED]
Very well, let's go for that then.

How that can be accomplished? --  where can I look for samples, and
what do I need write?

Thanks,
Giancarlo Niccolai.

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Re: ITP:Bug#460591 - Falcon P.L. license

2008-03-25 Thread Giancarlo Niccolai
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MJ Ray wrote:
 Sean Kellogg [EMAIL PROTECTED] wrote:
 On Wednesday 19 March 2008 03:10:07 pm Francesco Poli wrote:
 I don't think that copyright laws give you the right to control
  distribution of Scripts, that is to say, works written in
 your programming language.
 [...] There's even the question of how someone goes about
 learning the language... presumably by example (that's how I've
 learned most other languages). Can I create a work that is not
 derivative of those examples and thus under the preview of
 copyright law?

 This would have made a fun topic to write about in law school :)

 Sure.  I suspect there's quite a bit of case law about it,
 including some generated by the loglan/lojban disputes, where 'JCB
 claimed copyright to the language (any use of Loglan had to be
 approved by him)' Source: http://arj.nvg.org/lojban/why-i-like.html


 I'm suspicious of any language where the definer is the first
 implementer and hasn't renounced all claim to works in that
 language.  They look like lawyerbombs to me because I don't know
 any better.  Is that a good thing to have when trying to promote
 your new language?

 Regards,
The idea I tried to follow is exactly that to free the language
definition from any possible current and future claim (i.e. through
non-patentability).

Bests,
Giancarlo Niccolai.
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Re: ITP:Bug#460591 - Falcon P.L. license

2008-03-25 Thread Walter Landry
Giancarlo Niccolai [EMAIL PROTECTED] wrote:
 Walter Landry wrote:
  Giancarlo Niccolai [EMAIL PROTECTED] wrote:
  In example, I can release Falcon as a Debian package under GPL, and
  let users pick FPLL if they wish.
 
  That would be perfect.  Many other programs in Debian are
  dual-licensed in that manner.
 
 Very well, let's go for that then.
 
 How that can be accomplished? --  where can I look for samples, and
 what do I need write?

Firefox is one example.  In every file, you can write something like

 * The contents of this file are subject to the Falcon Programming
 * Language License 1.0 (the FPLL); you may not use this file
 * except in compliance with the FPLL. You may obtain a copy of the
 * FPLL at http://www.falconpl.org/?page_id=license
 *
 * Software distributed under the FPLL is distributed on an AS IS basis,
 * WITHOUT WARRANTY OF ANY KIND, either express or implied. See the FPLL
 * for the specific language governing rights and limitations under the
 * FPLL.
 *
 * Alternatively, the contents of this file may be used under the
 * terms of the GNU General Public License Version 2 or later (the
 * GPL), in which case the provisions of the GPL are applicable
 * instead of those above. If you wish to allow use of your version of
 * this file only under the terms of the GPL, and not to allow others
 * to use your version of this file under the terms of the FPLL,
 * indicate your decision by deleting the provisions above and replace
 * them with the notice and other provisions required by the GPL. If
 * you do not delete the provisions above, a recipient may use your
 * version of this file under the terms of either the FPLL or the GPL.

It would also be nice to put a notice at the top level (e.g. in a
README) that states that the same thing.  Something like

Copyright 1989-2001, Giancarlo Niccolai  All rights reserved.

This program is free software; you can redistribute it and/or modify
it under the terms of either:

a) the Falcon Public Language License which comes with Falcon, or

b) the GNU General Public License as published by the Free Software
   Foundation; either version 2, or (at your option) any later
   version.

Also include a copy of the FPLL and the GPL with the code.  

Cheers,
Walter Landry
[EMAIL PROTECTED]


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Re: ITP:Bug#460591 - Falcon P.L. license

2008-03-22 Thread Francesco Poli
On Thu, 20 Mar 2008 10:35:16 +0100 (CET) Giancarlo Niccolai wrote:

 Francesco Poli wrote:
[...]
  Frankly speaking, I cannot understand what you are trying to achieve.
  You are trying to create a license which is more restrictive than the
  Apache License v2.0, and you are calling those extra restrictions
  guarantees to language users...  This is quite confusing, IMHO. I'm
  puzzled.
 
 Extra restrictions? -- the definition of Embedded works and scripts are
 there *exactly* to FREE THEM from the constraints of the license. Using
 *SOLELY* Apache2 license, it would be unclear if an embedding work has to
 be considered a derived work.

How so?
The Apache License v2.0 explicitly states:

|   For the purposes
|   of this License, Derivative Works shall not include works that remain
|   separable from, or merely link (or bind by name) to the interfaces of,
|   the Work and Derivative Works thereof.

and the FPLL v1.0 defines

|   Embedding Works shall mean any work, whether in Source
|   or Object form, that links (or binds by name) to the
|   interface of the Work and Derivative Works.

I think it's pretty clear that what you call Embedding Works are not
Derivative Works for the purposes of the Apache License v2.0 ...


What may be less clear is whether I'm allowed to create and distribute
a work that merely links to the Apache web server v2.x.y.
The Apache License v2.0 does *not* explicitly grant this permission.

But is this permission *really* required by copyright laws?
It seems that the Apache License v2.0 drafters assumed there is no need
for this permission (I cannot believe they wanted to forbid such
action, so I suppose they assumed there is no need to explicitly allow
it!).

I hope there is no need for an explicit permission to perform this
action.
Indeed, if such an action is effectively forbidden for the Apache web
server v2.x.y, then I think we have a serious DFSG-freeness issue with
some important packages in Debian main!

 
 This license (FPLL) was made EXACTLY to state that it does not apply to
 embedders and scripters, except for one thing: they have *NOT to hide* the
 fact that they are using Falcon.

If there's no need for an explicit permission, then your conditioned
permission is superfluous (and everybody can perform those actions,
even while *hiding* the use of Falcon).

If, on the other hand, an explicit permission is really needed, then we
have a serious problem with Apache License v2.0, and I think the right
solution is contacting the Apache Software Foundation and persuading
them to publish a fixed Apache License v2.x (with x  0).

[...]
 Well, as other poster have mentioned, this point is debatable. As it is
 debatable, I don't see what can be disturbing in saying hey, you just
 *CAN* do it, don't ever worry about it. As I was clearing ground, I
 couldn't see why I should have avoided clearing the ground also for this.

The ground is not completely cleared, because it remains unclear
whether one is allowed to hide the use of Falcon...  The FPLL says
it's not allowed, but, if the conditioned permission was superfluous in
the first place, then, it's effectively allowed.


Standardized disclaimers: IANAL, TINLA, IANADD, TINASOTODP.

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 New! Version 0.6 available! What? See for yourself!
. Francesco Poli .
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Re: ITP:Bug#460591 - Falcon P.L. license

2008-03-22 Thread Giancarlo Niccolai
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Francesco Poli wrote:
 On Thu, 20 Mar 2008 10:35:16 +0100 (CET) Giancarlo Niccolai wrote:

 |   Embedding Works shall mean any work, whether in Source |   or
 Object form, that links (or binds by name) to the |   interface of
 the Work and Derivative Works.

 I think it's pretty clear that what you call Embedding Works are
 not Derivative Works for the purposes of the Apache License v2.0
 ...
Unluckily, Apache is C, and Falcon is C++. Much code is inlined, so it
is not possible to use the mere link by name criterion as a clear
cut between derivative works (that would fall under FPLL) and
embedding works and modules (that won't fall under that, but are
required to tell they're using Falcon).

I agree that we coders know what an inline is, and we can draw a clear
equivalence between using inline code and name-linking; just, I was
afraid that there could have some illicit extension of the concept of
derivative work beyond the limit we, the coders, would consider
adequate.

Or put down more simply; the name linking criterion proved a bit
controversial on the ground. FSF had long talks about that, it can be
easily browsed on the net. And anyhow, it may be ok for things as an
external service, but when it comes to a scripting engine, which do
certain things inside your own application, I thought that a more
precise and functional-oriented distinction was needed.
 


 What may be less clear is whether I'm allowed to create and
 distribute a work that merely links to the Apache web server
 v2.x.y. The Apache License v2.0 does *not* explicitly grant this
 permission.
...
 This license (FPLL) was made EXACTLY to state that it does not
 apply to embedders and scripters, except for one thing: they have
 *NOT to hide* the fact that they are using Falcon.

 If there's no need for an explicit permission, then your
 conditioned permission is superfluous (and everybody can perform
 those actions, even while *hiding* the use of Falcon).
Sorry, I can't follow your points anymore.

I said that I am ready to change any part of the license, if
1) it restricts freedom of users/coders (more than other widely
accepted open source license) rather than defending them; and

2) its wording/structure are inadequate to pursue the declared aims
(which are listed in the commentary).

Otherwise, I require this license to be accepted by Debian as I am
proposing a package under that license. If this is plainly not
possible regardless of points 1 and 2, in example, because Debian
doesn't accept new licenses unless approved i.e. by OSI and/or FSF,
then I am asking for an alternative measure.  In example, I can
release Falcon as a Debian package under GPL, and let users pick FPLL
if they wish.

Please, let's concentrate on this topics.

Bests,
Giancarlo Niccolai.

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Re: ITP:Bug#460591 - Falcon P.L. license

2008-03-20 Thread Giancarlo Niccolai
Francesco Poli wrote:
 On Wed, 19 Mar 2008 19:59:33 +0100 Giancarlo Niccolai wrote:
 I assume you mean that you would like to have your license analyzed or
revised by debian-legal.
Yes, sorry, the word was eaten while editing :-/


 The license is tightly based on Apache 2, with extra clarifications and
permissions.

 If I read the license correctly, your description does not seem to be
accurate.  Your license is more *restrictive* than the Apache License
v2.0.
 The reason is that you impose conditions on Embedding Works and
Scripts, while the Apache License v2.0 does not.
 [...]

 I am going through this because, after searching for a license
 providing those guarantees to language users, I have found none.

 Frankly speaking, I cannot understand what you are trying to achieve.
You are trying to create a license which is more restrictive than the
Apache License v2.0, and you are calling those extra restrictions
guarantees to language users...  This is quite confusing, IMHO. I'm
puzzled.

Extra restrictions? -- the definition of Embedded works and scripts are
there *exactly* to FREE THEM from the constraints of the license. Using
*SOLELY* Apache2 license, it would be unclear if an embedding work has to
be considered a derived work.

This license (FPLL) was made EXACTLY to state that it does not apply to
embedders and scripters, except for one thing: they have *NOT to hide* the
fact that they are using Falcon. Applying Apache2 -as is-, the point that
embedded works and pre-compiled scripts can be distributed under any terms
(i.e. under the license the writer prefers), may be
questionable; FPLL clears this, and states that you are free to do that.

 If my understanding is indeed correct, then all the clauses where you
grant a conditioned permission to produce and distribute Scripts are
superfluous, as nobody will have to comply with your license, in order
to just write and distribute Scripts...

Well, as other poster have mentioned, this point is debatable. As it is
debatable, I don't see what can be disturbing in saying hey, you just
*CAN* do it, don't ever worry about it. As I was clearing ground, I
couldn't see why I should have avoided clearing the ground also for this.

Also, while the point of script freedom is debatable (but cleared here), I
wanted to pick up the excellent loophole of non-patentability stated by
Apache2 license. Through that, I state that you *can't* patent Falcon code
*as well as* Falcon grammar; just plainly excluding scripts from this
license would have made the patentability of the grammar doubtful. Also,
using this license, other projects can take benefits of this definition
and extends the non-patentability (read, freedom) to their extensions.

Finally, scripters and embedders do not have to complain with the
license (except for stating or *not hiding* the fact they are using
Falcon), but they may *wish* to do that, and have a GPL-like guarantee of
maintaining freedom of derived works.

I hope this clarifies some points, as it seems your reading of the license
was rather shallow. More on the reasons and on the aims of the license are
here:

http://www.falconpl.org/?page_id=license_comment


One more thing. If anyone, here or anywhere else, points out a
ready-made (i.e. not needing exceptions) license that can be generally
applied (i.e. not project/foundation specific) which gives the grants I
want to give to both the project itself and to the language/engine users,
I will gladfully and immediately adopt it. Just, through
extensive searches, I couldn't find one. I really would prefer to spare 
the money and the time I still have to invest in this if there is a  way.

Bests,
Giancarlo Niccolai.









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ITP:Bug#460591 - Falcon P.L. license

2008-03-19 Thread Giancarlo Niccolai
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Hello,

As suggested by Mr. Paul Wise, I am writing here to have the Falcon
Programming Language License by Debian.

The license is tightly based on Apache 2, with extra clarifications
and permissions. Rationale behind this license is that of provide a
license defining and clarifying limits between embedding
applications (that is, an application USING the scripting language)
and derived works (that is, re-works of the language). Also the
license clears the field from ambiguity about usability and freedom of
code generated and run by the Virtual Machine.

I am going through this because, after searching for a license
providing those guarantees to language users, I have found none. Other
licenses in the field are either left ambiguous, or are special
purpose language specific license (along OSI guidelines) or are basic
licenses with exceptions (i.e. LGPL with embedding exception). I
thought that, instead of smuggling in a new license under the disguise
of a well knonw one with exceptions, Falcon users and the the
community as a whole would have had benefits from a generic, open
source license which is aimed to define those applications meant to
work symbiotically with other ones, as i.e. scripting languages. In
fact, FPLL is not a languge-specific license and may be adopted by all
the applications that fall in this class.

I am submitting the license to OSI for certification as soon as the
lawyer I hired will provide me with a legal advice. In the meanwhile,
I have opened an ITP bug, for which Debian Legal clearance is needed.

Here follows the text of the license.

TIA ,
Giancarlo Niccolai.

==


Falcon Programming Language License

Version 1.0, February 2005
http://www.falconpl.org/?page_id=license


  TERMS AND CONDITIONS FOR USE, REPRODUCTION, AND DISTRIBUTION

   1. *Definitions*.
  * License shall mean the terms and conditions for use,
reproduction, and distribution as defined by Sections 1
through 9 of this document.
  * Licensor shall mean the copyright owner or entity
authorized by the copyright owner that is granting the
License.
  * Legal Entity shall mean the union of the acting entity
and all other entities that control, are controlled by, or
are under common control with that entity. For the
purposes of this definition, control means (i) the
power, direct or indirect, to cause the direction or
management of such entity, whether by contract or
otherwise, or (ii) ownership of fifty percent (50%) or
more of the outstanding shares, or (iii) beneficial
ownership of such entity.
  * You (or Your) shall mean an individual or Legal Entity
exercising permissions granted by this License.
  * Source form shall mean the preferred form for making
modifications, including but not limited to software
source code and example code.
  * Object form shall mean any form resulting from
mechanical transformation or translation of a Source form,
including but not limited to compiled object code,
generated documentation, and conversions to other media types.
  * Work shall mean the work of authorship, whether in
Source or Object form, made available under the License,
as indicated by a copyright notice that is included in or
attached to the work (an example is provided in the
Appendix below).
  * Derivative Works shall mean any work, whether in Source
or Object form, that is based on (or derived from) the
Work and for which the editorial revisions, annotations,
elaborations, or other modifications represent, as a
whole, an original work of authorship. For the purposes of
this License, Derivative Works shall not include works
that remain separable from, or merely link (or bind by
name) to the interfaces of, the Work and Derivative Works
thereof.
  * Embedding Works shall mean any work, whether in Source
or Object form, that links (or binds by name) to the
interface of the Work and Derivative Works.
  * Scripts shall mean any work, weather in Source or Object
form, that is expressed through the grammar rules which
are known by the Work.
  * Users shall mean any person that uses, directly or
indirectly, all or any of the Work, the Derivative Works,
the Embedding Works or the Scripts.
  * Contribution shall mean any work of authorship,
including the original version of the Work and any
modifications or additions to that Work or Derivative
Works thereof, that is 

Re: ITP:Bug#460591 - Falcon P.L. license

2008-03-19 Thread Francesco Poli
On Wed, 19 Mar 2008 19:59:33 +0100 Giancarlo Niccolai wrote:

 Hello,

Hi!

 
 As suggested by Mr. Paul Wise, I am writing here to have the Falcon
 Programming Language License by Debian.

I assume you mean that you would like to have your license analyzed
or revised by debian-legal.

 
 The license is tightly based on Apache 2, with extra clarifications
 and permissions.

If I read the license correctly, your description does not seem to be
accurate.  Your license is more *restrictive* than the Apache License
v2.0.
The reason is that you impose conditions on Embedding Works and
Scripts, while the Apache License v2.0 does not.

[...]
 I am going through this because, after searching for a license
 providing those guarantees to language users, I have found none.

Frankly speaking, I cannot understand what you are trying to achieve.
You are trying to create a license which is more restrictive than the
Apache License v2.0, and you are calling those extra restrictions
guarantees to language users...  This is quite confusing, IMHO.
I'm puzzled.

Moreover, there are many reasons why you should *not* try to write a new
license:

  a) license proliferation is bad, since it contributes to balkanize
the free software community and makes legal and freeness analyses even
more unclear to non-expert users and developers
  b) writing a good license requires legal expertise (you seem to be
willing to hire a lawyer, but that will cost you money...) and is often
a long and difficult task[1]
  c) license proliferation is *really* bad
  d) did I mention that license proliferation is bad?

[1] if you followed the GPLv3 revision process, you saw how many people
were involved, how long it took and yet, starting from a terrible first
draft, they only managed to produce a final text which is unsatisfactory
and suboptimal in several respects, IMO...

[...]
 Here follows the text of the license.
[...]
   * Embedding Works shall mean any work, whether in Source
 or Object form, that links (or binds by name) to the
 interface of the Work and Derivative Works.
   * Scripts shall mean any work, weather in Source or Object
 form, that is expressed through the grammar rules which
 are known by the Work.

I don't think that copyright laws give you the right to control
distribution of Scripts, that is to say, works written in your
programming language.
For instance, I don't think I need permission from anyone in order to
write (original) C++ code and distribute it as I like.

If my understanding is indeed correct, then all the clauses where you
grant a conditioned permission to produce and distribute Scripts are
superfluous, as nobody will have to comply with your license, in order
to just write and distribute Scripts...


What I expressed are my own opinions.
Disclaimers: IANAL, TINLA, IANADD, TINASOTODP.

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Re: ITP:Bug#460591 - Falcon P.L. license

2008-03-19 Thread Sean Kellogg
On Wednesday 19 March 2008 03:10:07 pm Francesco Poli wrote:
 I don't think that copyright laws give you the right to control
 distribution of Scripts, that is to say, works written in your
 programming language.
 For instance, I don't think I need permission from anyone in order to
 write (original) C++ code and distribute it as I like.

This is an interesting claim and I think is far from clear cut. If I develop a 
comprehensive grammar and syntax for a language (programming or otherwise) 
what elements are required for others to use speak it and to what extent 
can I protect/restrict the use of those elements? The first obvious answer is 
that the language is an idea, and thus patentable. I don't think that's a 
point of contention here, but worth noting that one can certainly restrict 
the use of a language via a patent.

But, if we keep our analysis to just copyright protection, I'm still not sure 
it's a slam dunk depending on factors. Here I'm thinking of libraries which 
may be necessary for the script to run... like libc. Sure, I can just write C 
code, but it's pretty useless without libc... and if I incorporate a version 
of libc with a restrictive license, then I'm certainly going to have to 
comply with the copyright restrictions of that license.

There's even the question of how someone goes about learning the language... 
presumably by example (that's how I've learned most other languages). Can I 
create a work that is not derivative of those examples and thus under the 
preview of copyright law?

This would have made a fun topic to write about in law school :)

-Sean

-- 
Sean Kellogg
e: [EMAIL PROTECTED]


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Re: ITP:Bug#460591 - Falcon P.L. license

2008-03-19 Thread Francesco Poli
On Wed, 19 Mar 2008 16:00:31 -0700 Sean Kellogg wrote:

 On Wednesday 19 March 2008 03:10:07 pm Francesco Poli wrote:
  I don't think that copyright laws give you the right to control
  distribution of Scripts, that is to say, works written in your
  programming language.
  For instance, I don't think I need permission from anyone in order to
  write (original) C++ code and distribute it as I like.
 
 This is an interesting claim and I think is far from clear cut. If I develop 
 a 
 comprehensive grammar and syntax for a language (programming or otherwise) 
 what elements are required for others to use speak it and to what extent 
 can I protect/restrict the use of those elements? The first obvious answer is 
 that the language is an idea, and thus patentable. I don't think that's a 
 point of contention here, but worth noting that one can certainly restrict 
 the use of a language via a patent.

This is only true in those (insane) jurisdictions where ideas are
patentable.  That is to say, where software patents and the like are
valid.  Examples of those jurisdictions are, IIUC: the USA (but there
are plans to push for a political change in the USA), Japan,
Australia, ...

Anyway, as you yourself acknowledge, I was talking about copyright laws
only.

 
 But, if we keep our analysis to just copyright protection, I'm still not sure 
 it's a slam dunk depending on factors. Here I'm thinking of libraries which 
 may be necessary for the script to run... like libc. Sure, I can just write C 
 code, but it's pretty useless without libc...

For the sake of clarity, I was talking about writing and distributing
(original) C++ source code.  I didn't (on purpose) consider the
distribution of compiled *and linked* code.

It is my understanding that writing source code intended to link with a
library, does not, per se, create a derivative work of a specific
implementation of that library, as long as you only adhere to an API.

In your example, please note that there are many differently-licensed
implementations of the C standard library.  If I write C code by only
adhering to the standard C library API, then I don't think I'm
restricted by the license of any libc implementation... 

 and if I incorporate a version 
 of libc with a restrictive license, then I'm certainly going to have to 
 comply with the copyright restrictions of that license.

Let's not open the can of worms of static/dynamic linking versus
derivative work creation, please!  ;-)

 
 There's even the question of how someone goes about learning the language... 
 presumably by example (that's how I've learned most other languages).

By reading a book which explains the grammar, syntax, and semantics of
the language?  The book will probably include examples, but I don't
think that copying one line of code from an example (especially when
that line is the only good way to use an instruction or to call a
library function) creates a derivative work...
Hence, in most cases, your code won't be a derivative work of the
examples you once studied.

 Can I 
 create a work that is not derivative of those examples and thus under the 
 preview of copyright law?

Is this e-mail message a derivative work of the example texts I once
studied on my English grammar and conversation textbooks?
I don't think so...
Well, at least, I hope it's not!  ;-)

 
 This would have made a fun topic to write about in law school :)

IANAL, nor did I attend law school, hence I can only try to imagine how
fun it would have been...

My other disclaimers still apply: TINLA, IANADD, TINASOTODP.

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