Re: Revised Bacula license

2006-05-25 Thread Kern Sibbald

 John Goerzen [EMAIL PROTECTED] forwarded:
 Linking:
 Bacula may be linked with any libraries permitted under the GPL,
 or with any non-GPLed libraries, including OpenSSL, that are
 required for its proper functioning, providing the source code of
 those non-GPLed libraries is non-proprietary and freely
 available to the public.

 Licence proliferation suggestion: use something similar to the
 FSF's OpenSSL permission.  Here is one from Wget I have here:

 In addition, as a special exception, the Free Software Foundation
 gives permission to link the code of its release of Wget with the
 OpenSSL project's OpenSSL library (or with modified versions of it
 that use the same license as the OpenSSL library), and distribute
 the linked executables.  You must obey the GNU General Public License
 in all respects for all of the code used other than OpenSSL.  If you
 modify this file, you may extend this exception to your version of the
 file, but you are not obligated to do so.  If you do not wish to do
 so, delete this exception statement from your version.


 Not that I think yours is bad, but I think this could be combined
 with others using the same phrasing more easily.

 +1 to comments about non-OpenSSL-permitting code uncertainty.

Thanks for the comments. As long as what I currently have is acceptable, I
think I will stay with it, because it isn't clear to me that I have any
permission from the Free Software Foundation, and because I'd rather focus
on programming than the license.




Best regards, Kern


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Re: Revised Bacula license

2006-05-22 Thread Josh Triplett
Kern Sibbald wrote:
 John Goerzen wrote:
 Can you all take a look at the below new license?  I took a quick look
 and it looks good to me.
 This revised license looks DFSG-free to me.  One note, though:

 Linking:
 Bacula may be linked with any libraries permitted under the GPL,
 or with any non-GPLed libraries, including OpenSSL, that are
 required for its proper functioning, providing the source code of
 those non-GPLed libraries is non-proprietary and freely
 available to the public.
 [...]
 Certain parts of the Bacula software are licensed by their
 copyright holder(s) under the GPL with no modifications.  These
 software files are clearly marked as such.
 If those parts don't carry the exception for non-GPLed libraries such as
 OpenSSL, then Bacula as a whole does not have an exception for non-GPLed
 libraries such as OpenSSL, so distribution linked to OpenSSL would
 violate the GPL on those portions without the exception.  This doesn't
 make Bacula non-free, but it does make it impossible to distribute
 Bacula compiled to use OpenSSL or similarly-incompatible libraries.
 
 Yes, I understood that. I added that clause at José's request to satisfy a
 Debian requirement, and if it is not really needed or no longer needed by
 Debian, I would probably prefer to remove it for exactly the reason you
 mention.  At the same time, it made me realize that I don't have full
 control over certain sections of the code copyrighted by other people.

If you link to OpenSSL or similarly-incompatible libraries, you
definitely need such an exception, on all the GPLed code in Bacula;
Debian doesn't require this, the GPL itself does.

- Josh Triplett




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Re: Revised Bacula license

2006-05-22 Thread MJ Ray
John Goerzen [EMAIL PROTECTED] forwarded:
 Linking: 
 Bacula may be linked with any libraries permitted under the GPL,
 or with any non-GPLed libraries, including OpenSSL, that are
 required for its proper functioning, providing the source code of
 those non-GPLed libraries is non-proprietary and freely
 available to the public.

Licence proliferation suggestion: use something similar to the
FSF's OpenSSL permission.  Here is one from Wget I have here:

In addition, as a special exception, the Free Software Foundation
gives permission to link the code of its release of Wget with the
OpenSSL project's OpenSSL library (or with modified versions of it
that use the same license as the OpenSSL library), and distribute
the linked executables.  You must obey the GNU General Public License
in all respects for all of the code used other than OpenSSL.  If you
modify this file, you may extend this exception to your version of the
file, but you are not obligated to do so.  If you do not wish to do
so, delete this exception statement from your version.


Not that I think yours is bad, but I think this could be combined
with others using the same phrasing more easily.

+1 to comments about non-OpenSSL-permitting code uncertainty.

Thanks,
-- 
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: Revised Bacula license

2006-05-21 Thread Kern Sibbald

 John Goerzen wrote:
 Can you all take a look at the below new license?  I took a quick look
 and it looks good to me.

 This revised license looks DFSG-free to me.  One note, though:

 Linking:
 Bacula may be linked with any libraries permitted under the GPL,
 or with any non-GPLed libraries, including OpenSSL, that are
 required for its proper functioning, providing the source code of
 those non-GPLed libraries is non-proprietary and freely
 available to the public.
 [...]
 Certain parts of the Bacula software are licensed by their
 copyright holder(s) under the GPL with no modifications.  These
 software files are clearly marked as such.

 If those parts don't carry the exception for non-GPLed libraries such as
 OpenSSL, then Bacula as a whole does not have an exception for non-GPLed
 libraries such as OpenSSL, so distribution linked to OpenSSL would
 violate the GPL on those portions without the exception.  This doesn't
 make Bacula non-free, but it does make it impossible to distribute
 Bacula compiled to use OpenSSL or similarly-incompatible libraries.

Yes, I understood that. I added that clause at José's request to satisfy a
Debian requirement, and if it is not really needed or no longer needed by
Debian, I would probably prefer to remove it for exactly the reason you
mention.  At the same time, it made me realize that I don't have full
control over certain sections of the code copyrighted by other people.


Best regards, Kern


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Re: Revised Bacula license

2006-05-21 Thread Joe Smith



From: Kern Sibbald [EMAIL PROTECTED]
Trademark:
The name Bacula is a registered trademark.


I assume there is an implicit trademark licence.
In this case an implicit licence is probably better than an explicit
one, solely because it is virtually impossible to word a trademark licence
to allow reasonable modifications, but not major incompatible changes
without changing the name.


===

License:
For the most part, Bacula is licensed under the GPL version 2 
and any code that is Copyright Kern Sibbald and John Walker or

Copyright Kern Sibbald (after November 2004) with the GPL
indication is so licensed, but with the following four additions:


Ok. To ensure GPL compatibility, it may be wise to
add the clauses stating that derivitives need not keep the
additional clauses, but may do so.

Linking: 
Bacula may be linked with any libraries permitted under the GPL,

or with any non-GPLed libraries, including OpenSSL, that are
required for its proper functioning, providing the source code of
those non-GPLed libraries is non-proprietary and freely
available to the public.

IP rights:
Recipient understands that although each Contributor grants the
licenses to its Contributions set forth herein, no assurances are
provided by any Contributor that the Program does not infringe
the patent or other intellectual property rights of any other
entity.  Each Contributor disclaims any liability to Recipient
for claims brought by any other entity based on infringement of
intellectual property rights or otherwise.  As a condition to
exercising the rights and licenses granted hereunder, each
Recipient hereby assumes sole responsibility to secure any other
intellectual property rights needed, if any.  For example, if a
third party patent license is required to allow Recipient to
distribute the Program, it is Recipient's responsibility to
acquire that license before distributing the Program.


I belive that is a no-op. Obviously that is the case, 


Copyrights:
Each Contributor represents that to its knowledge it has
sufficient copyright rights in its Contribution, if any, to grant
the copyright license set forth in this Agreement.


Is that nessissary? I thought that the GPL already had that covered.



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Revised Bacula license

2006-05-20 Thread John Goerzen
Hello,

Can you all take a look at the below new license?  I took a quick look
and it looks good to me.

Thanks,

-- John

- Forwarded message from Kern Sibbald [EMAIL PROTECTED] -

From: Kern Sibbald [EMAIL PROTECTED]
Date: Sat, 20 May 2006 10:32:11 +0200 (CEST)
To: [EMAIL PROTECTED]
Subject: 

Hello John,

I'm attaching a copy of LICENSE as I intend to commit it, and would
appreciate it if you would look it over.  If it seems OK with you would
you please forward it to the appropriate Debian people for their approval,
otherwise, let me know and I'll work on it some more.

If it is OK with Debian, I specifically authorize you (Debian) to replace
the existing LICENSE with this new copy in any versions that you currently
have.

Best regards, Kern

---

Trademark:
The name Bacula is a registered trademark.

===

License:
For the most part, Bacula is licensed under the GPL version 2 
and any code that is Copyright Kern Sibbald and John Walker or
Copyright Kern Sibbald (after November 2004) with the GPL
indication is so licensed, but with the following four additions:

Linking: 
Bacula may be linked with any libraries permitted under the GPL,
or with any non-GPLed libraries, including OpenSSL, that are
required for its proper functioning, providing the source code of
those non-GPLed libraries is non-proprietary and freely
available to the public.

IP rights:
Recipient understands that although each Contributor grants the
licenses to its Contributions set forth herein, no assurances are
provided by any Contributor that the Program does not infringe
the patent or other intellectual property rights of any other
entity.  Each Contributor disclaims any liability to Recipient
for claims brought by any other entity based on infringement of
intellectual property rights or otherwise.  As a condition to
exercising the rights and licenses granted hereunder, each
Recipient hereby assumes sole responsibility to secure any other
intellectual property rights needed, if any.  For example, if a
third party patent license is required to allow Recipient to
distribute the Program, it is Recipient's responsibility to
acquire that license before distributing the Program.

Copyrights:
Each Contributor represents that to its knowledge it has
sufficient copyright rights in its Contribution, if any, to grant
the copyright license set forth in this Agreement.

Code falling under the above conditions will be marked as follows:

   Copyright (C) 2000-2006 Kern Sibbald

   This program is free software; you can redistribute it and/or
   modify it under the terms of the GNU General Public License
   version 2 as amended with additional clauses defined in the
   file LICENSE in the main source directory.

   This program is distributed in the hope that it will be useful,
   but WITHOUT ANY WARRANTY; without even the implied warranty of
   MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. See the 
   the file LICENSE for additional details.


Windows:
Certain source code used to build the Windows version of the Bacula
File daemon is copyrighted and or trademarked by Microsoft and may
contain Microsoft intellectual property (examples: Microsoft VC++, the
source to the VSS libraries, the Microsoft C runtime libraries).  As
such we cannot and do not distribute that software. We are permitted
however to distribute Bacula in binary form with the necessary Microsoft
libraries linked in.

You may obtain the parts that we cannot distribute as follows.  The
Microsoft compiler available for purchase, and Microsoft provides a free
version of the compiler.  The source code and libraries are available for
download from Microsoft public Web servers.  We have documented in the
src/win32 directory the URLs from which we obtained the library source, and
how we build the Windows File daemon and many users have succeeded in doing
so themselves.  Our intention is to respect as closely as possible Open
Source practices while maintaining full respect for proprietary and
copyrighted code.

=

The entire GPL is reproduced in the manuals distributed with the
Bacula documentation and can also be found online on the GNU web site
as well as at www.bacula.org. You may also obtain a copy of the
GPL (or LGPL) by writing to: Free Software Foundation, Inc., 
51 Franklin St, Fifth Floor, Boston, MA 02110-1301  USA

Certain parts of the Bacula software are licensed by their
copyright holder(s) under the GPL with no modifications.  These
software files are clearly marked as such.

There are parts of Bacula that are licensed under the LGPL so
that they may be used in proprietary code to interface with
Bacula.

Finally there are parts of Bacula that are in the public domain.
 
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS AS
IS AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED

Re: Revised Bacula license

2006-05-20 Thread Josh Triplett
John Goerzen wrote:
 Can you all take a look at the below new license?  I took a quick look
 and it looks good to me.

This revised license looks DFSG-free to me.  One note, though:

 Linking: 
 Bacula may be linked with any libraries permitted under the GPL,
 or with any non-GPLed libraries, including OpenSSL, that are
 required for its proper functioning, providing the source code of
 those non-GPLed libraries is non-proprietary and freely
 available to the public.
[...]
 Certain parts of the Bacula software are licensed by their
 copyright holder(s) under the GPL with no modifications.  These
 software files are clearly marked as such.

If those parts don't carry the exception for non-GPLed libraries such as
OpenSSL, then Bacula as a whole does not have an exception for non-GPLed
libraries such as OpenSSL, so distribution linked to OpenSSL would
violate the GPL on those portions without the exception.  This doesn't
make Bacula non-free, but it does make it impossible to distribute
Bacula compiled to use OpenSSL or similarly-incompatible libraries.

- Josh Triplett




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Re: Revised Bacula license

2006-05-20 Thread Stephen Gran
This one time, at band camp, Josh Triplett said:
 John Goerzen wrote:
  Can you all take a look at the below new license?  I took a quick look
  and it looks good to me.
 
 This revised license looks DFSG-free to me.  One note, though:
 
  Linking: 
  Bacula may be linked with any libraries permitted under the GPL,
  or with any non-GPLed libraries, including OpenSSL, that are
  required for its proper functioning, providing the source code of
  those non-GPLed libraries is non-proprietary and freely
  available to the public.
 [...]
  Certain parts of the Bacula software are licensed by their
  copyright holder(s) under the GPL with no modifications.  These
  software files are clearly marked as such.
 
 If those parts don't carry the exception for non-GPLed libraries such as
 OpenSSL, then Bacula as a whole does not have an exception for non-GPLed
 libraries such as OpenSSL, so distribution linked to OpenSSL would
 violate the GPL on those portions without the exception.  This doesn't
 make Bacula non-free, but it does make it impossible to distribute
 Bacula compiled to use OpenSSL or similarly-incompatible libraries.

This would need to be reviewed, I think, before being sure.  It is my
understanding that bacula uses a client/server implementation, so it is
not clear to me that a lack of an excemption in the client code would
prevent the server (with proper excemption) from linking to ssl.

But as you say, this is not a freeness issue, just a useability one.
-- 
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|  : :' :[EMAIL PROTECTED] |
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