Re: Design Science License (in freevo)

2008-01-17 Thread MJ Ray
Francesco Poli [EMAIL PROTECTED] wrote:
 On Wed, 16 Jan 2008 14:47:58 + (GMT) MJ Ray wrote:
  Francesco Poli [EMAIL PROTECTED] wrote:
   Only if those graphics files are directly loadable from their Source
   form. [...]
 =20
  Otherwise, you make a modified work and the meanings of Source Data,
  Author and Object Form change, as far as I can see.  Silly, but helpful.
 [...]
 
 If, on the other hand, you make a dummy modification to an Object
 Form just to claim that it is Source Data, then I think that you are
 cheating with the license...  For instance, I would not directly modify
 a PNG image compiled from SVG, unless I really decide to go on
 maintaining the image in PNG format.

I don't see things like svg2png as a dummy modification or as cheating.

Hope that explains,
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Re: Design Science License (in freevo)

2008-01-17 Thread Francesco Poli
On Thu, 17 Jan 2008 11:42:11 + (GMT) MJ Ray wrote:

 Francesco Poli [EMAIL PROTECTED] wrote:
[...]
  If, on the other hand, you make a dummy modification to an Object
  Form just to claim that it is Source Data, then I think that you are
  cheating with the license...  For instance, I would not directly modify
  a PNG image compiled from SVG, unless I really decide to go on
  maintaining the image in PNG format.
 
 I don't see things like svg2png as a dummy modification or as cheating.

If you perform an automatic format conversion, then you are compiling
(i.e.: generating Object Form from Source Data), not changing the
Source Data form.

Unless you perform the conversion once, and then go on modifying the
work directly in the new format, I mean.

It's just like gcc -S: if, after translating your C program into
assembly code, you go on modifying it directly in assembly, then the
source for the modified program is really in assembly language.  On the
other hand, if you just perform the automatic translation before
distributing (but you intend to restart from C code, as soon as a
modification is needed), then the source is still C code.

As usual: IANAL, TINLA, IANADD, TINASOTODP.

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Re: Design Science License (in freevo)

2008-01-16 Thread MJ Ray
Francesco Poli [EMAIL PROTECTED] wrote:
 On Tue, 15 Jan 2008 16:29:15 + (GMT) MJ Ray wrote:
  It seems impractical, but the definition of Object Form and the terms
  for modified versions make it look to me like it's avoidable by loading
  the graphic at run-time instead of compiling it into an executable.
 
 Only if those graphics files are directly loadable from their Source
 form. [...]

Otherwise, you make a modified work and the meanings of Source Data,
Author and Object Form change, as far as I can see.  Silly, but helpful.

 That is to say, you think that it complies with the DFSG, even though
 it's impractical.  Did I get it right?  Is this what you mean?

Yes.
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Re: Design Science License (in freevo)

2008-01-16 Thread Francesco Poli
On Wed, 16 Jan 2008 14:47:58 + (GMT) MJ Ray wrote:

 Francesco Poli [EMAIL PROTECTED] wrote:
  On Tue, 15 Jan 2008 16:29:15 + (GMT) MJ Ray wrote:
   It seems impractical, but the definition of Object Form and the terms
   for modified versions make it look to me like it's avoidable by loading
   the graphic at run-time instead of compiling it into an executable.
  
  Only if those graphics files are directly loadable from their Source
  form. [...]
 
 Otherwise, you make a modified work and the meanings of Source Data,
 Author and Object Form change, as far as I can see.  Silly, but helpful.

If, for any good reason, you decide to go on modifying a work in a form
different from the original Source Data form, then the Source Data
for the modified work is really the new form.  This is not silly, and
it's exactly the way the GPL definition of source code is intended to
act, AFAICT.  This is one of the aspects where the DSL is very similar
to the GNU GPL.
I am under the impression that this is not the case you are referring
to.

If, on the other hand, you make a dummy modification to an Object
Form just to claim that it is Source Data, then I think that you are
cheating with the license...  For instance, I would not directly modify
a PNG image compiled from SVG, unless I really decide to go on
maintaining the image in PNG format.
I don't think you are proposing to cheat the license, are you?

Mmmmh, it seems that I am left without a convincing interpretation of
your sentence: I give up, could you please elaborate? 

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Re: Design Science License (in freevo)

2008-01-15 Thread MJ Ray
Francesco Poli [EMAIL PROTECTED] wrote:
 I see one possible issue with this license: clause 3(a) states
 
 | (a) The Source Data is included in the same distribution, distributed
 | under the terms of this License; or
 
 while the other two options are non-free (just as in the GNU GPL).
 
 Option (a) seems to force distributors of the Object Form to *include*
 Source Data, rather than to *accompany* it with Source Data (compare
 with GNU GPL v2, clause 3a).
 Does this mean that Source Data for DSL'ed works *must* be shipped
 in Debian binary packages, as well as in Debian source packages?
 If this is the case, does this restriction comply with the DFSG?
 It sounds really unpractical at best.

It seems impractical, but the definition of Object Form and the terms
for modified versions make it look to me like it's avoidable by loading
the graphic at run-time instead of compiling it into an executable.
Is that good enough?  I think so.

Hope that helps,
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Re: Design Science License (in freevo)

2008-01-15 Thread Francesco Poli
On Tue, 15 Jan 2008 16:29:15 + (GMT) MJ Ray wrote:

 Francesco Poli [EMAIL PROTECTED] wrote:
  I see one possible issue with this license: clause 3(a) states
  
  | (a) The Source Data is included in the same distribution, distributed
  | under the terms of this License; or
  
  while the other two options are non-free (just as in the GNU GPL).
  
  Option (a) seems to force distributors of the Object Form to *include*
  Source Data, rather than to *accompany* it with Source Data (compare
  with GNU GPL v2, clause 3a).
  Does this mean that Source Data for DSL'ed works *must* be shipped
  in Debian binary packages, as well as in Debian source packages?
  If this is the case, does this restriction comply with the DFSG?
  It sounds really unpractical at best.
 
 It seems impractical, but the definition of Object Form and the terms
 for modified versions make it look to me like it's avoidable by loading
 the graphic at run-time instead of compiling it into an executable.

Only if those graphics files are directly loadable from their Source
form.  I don't know the details for the present case, but AFAICT some
formats are not easily loadable from application programs.  Or at
least, modifying the program to do that could be impractical.  As a
consequence, we would have simply moved the impracticality from the
packaging effort to the programming/maintaining effort... 

 Is that good enough?  I think so.

That is to say, you think that it complies with the DFSG, even though
it's impractical.  Did I get it right?  Is this what you mean?

I'm instead concerned that this restriction could fail to meet the DFSG.
I mean: suppose that Source Data for the graphics file is in a form
which is 50 times longer than the Object Form.  Making the source
available (as the GNU GPL would require) is the right thing to do:
otherwise recipients cannot fully exercise their freedoms.  But being
compelled to *include* source in the binary package seems too much.
Is it a DFSG-free restriction?


Same disclaimers as usual: IANAL, TINLA, IANADD, TINASOTODP.

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Re: Design Science License (in freevo)

2008-01-11 Thread Ben Finney
A Mennucc [EMAIL PROTECTED] writes:

 Some artwork is covered by the attached Design Science License.

Thank you for including the license text in full for examination.

It appears to be identical to the text published at (not published
*by*, note!) the Free Software Foundation on their site
URL:http://www.fsf.org/licensing/licenses/dsl.html: a copyleft
largely modelled on the terms of the GNU GPLv2.

 Is it fine to include that stuff in the package and upload?
 (I would say yes, but you may have a more informed opinion).

The FSF recommend against its use
URL:http://www.fsf.org/licensing/licenses/, but only on the basis of
it being incompatible with the GNU GPL and GNU FDL.

Now that I've read the whole license, I would say works licensed under
these terms are DFSG-free.

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_o__)  |
Ben Finney


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Re: Design Science License (in freevo)

2008-01-11 Thread Francesco Poli
On Thu, 10 Jan 2008 22:18:00 +0100 A Mennucc wrote:

 hi d-legal,

Hi!  :)

[...]
 Some artwork is covered by the attached Design Science License.
 
 Is it fine to include that stuff in the package and upload?
 (I would say yes, but you may have a more informed opinion).

The DSL has already been discussed on d-l, back in 2000:
http://lists.debian.org/debian-legal/2000/07/msg00079.html

No DFSG-freeness issues were found at the time.
Unfortunately the license text was not fully quoted in that thread and
the cited URL does not seem to be valid any longer.
As a consequence, it's really hard to know if the license text
discussed in that past thread is identical to the one we are discussing
now, or differs.
This is one of the primary reasons behind the recommendation to always
fully quote the license text in a license analysis thread!
Thanks for doing so!


Oh well, back to the current discussion, then.

I see one possible issue with this license: clause 3(a) states

| (a) The Source Data is included in the same distribution, distributed
| under the terms of this License; or

while the other two options are non-free (just as in the GNU GPL).

Option (a) seems to force distributors of the Object Form to *include*
Source Data, rather than to *accompany* it with Source Data (compare
with GNU GPL v2, clause 3a).
Does this mean that Source Data for DSL'ed works *must* be shipped
in Debian binary packages, as well as in Debian source packages?
If this is the case, does this restriction comply with the DFSG?
It sounds really unpractical at best.

My standardized disclaimers: IANAL, TINLA, IANADD, TINASOTODP.

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Design Science License (in freevo)

2008-01-10 Thread A Mennucc
hi d-legal,

I am taking care of the (forthcoming) freevo packages.

Some artwork is covered by the attached Design Science License.

Is it fine to include that stuff in the package and upload?
(I would say yes, but you may have a more informed opinion).

a.
DESIGN SCIENCE LICENSE

TERMS AND CONDITIONS FOR COPYING, DISTRIBUTION AND MODIFICATION

Copyright © 1999-2001 Michael Stutz [EMAIL PROTECTED]
Verbatim copying of this document is permitted, in any medium.

0. PREAMBLE.

Copyright law gives certain exclusive rights to the author of a work,
including the rights to copy, modify and distribute the work (the
reproductive, adaptative, and distribution rights).

The idea of copyleft is to willfully revoke the exclusivity of those
rights under certain terms and conditions, so that anyone can copy and
distribute the work or properly attributed derivative works, while all
copies remain under the same terms and conditions as the original.

The intent of this license is to be a general copyleft that can be
applied to any kind of work that has protection under copyright. This
license states those certain conditions under which a work published
under its terms may be copied, distributed, and modified.

Whereas design science is a strategy for the development of
artifacts as a way to reform the environment (not people) and
subsequently improve the universal standard of living, this Design
Science License was written and deployed as a strategy for promoting
the progress of science and art through reform of the environment.

1. DEFINITIONS.

License shall mean this Design Science License. The License applies
to any work which contains a notice placed by the work's copyright
holder stating that it is published under the terms of this Design
Science License.

Work shall mean such an aforementioned work. The License also
applies to the output of the Work, only if said output constitutes a
derivative work of the licensed Work as defined by copyright law.

Object Form shall mean an executable or performable form of the
Work, being an embodiment of the Work in some tangible medium.

Source Data shall mean the origin of the Object Form, being the
entire, machine-readable, preferred form of the Work for copying and
for human modification (usually the language, encoding or format in
which composed or recorded by the Author); plus any accompanying
files, scripts or other data necessary for installation, configuration
or compilation of the Work.

(Examples of Source Data include, but are not limited to, the
following: if the Work is an image file composed and edited in PNG
format, then the original PNG source file is the Source Data; if the
Work is an MPEG 1.0 layer 3 digital audio recording made from a WAV
format audio file recording of an analog source, then the original WAV
file is the Source Data; if the Work was composed as an unformatted
plaintext file, then that file is the Source Data; if the Work was
composed in LaTeX, the LaTeX file(s) and any image files and/or custom
macros necessary for compilation constitute the Source Data.)

Author shall mean the copyright holder(s) of the Work.

The individual licensees are referred to as you.

2. RIGHTS AND COPYRIGHT.

The Work is copyrighted by the Author. All rights to the Work are
reserved by the Author, except as specifically described below. This
License describes the terms and conditions under which the Author
permits you to copy, distribute and modify copies of the Work.

In addition, you may refer to the Work, talk about it, and (as
dictated by fair use) quote from it, just as you would any
copyrighted material under copyright law.

Your right to operate, perform, read or otherwise interpret and/or
execute the Work is unrestricted; however, you do so at your own risk,
because the Work comes WITHOUT ANY WARRANTY -- see Section 7 (NO
WARRANTY) below.

3. COPYING AND DISTRIBUTION.

Permission is granted to distribute, publish or otherwise present
verbatim copies of the entire Source Data of the Work, in any medium,
provided that full copyright notice and disclaimer of warranty, where
applicable, is conspicuously published on all copies, and a copy of
this License is distributed along with the Work.

Permission is granted to distribute, publish or otherwise present
copies of the Object Form of the Work, in any medium, under the terms
for distribution of Source Data above and also provided that one of
the following additional conditions are met:

(a) The Source Data is included in the same distribution, distributed
under the terms of this License; or

(b) A written offer is included with the distribution, valid for at
least three years or for as long as the distribution is in print
(whichever is longer), with a publicly-accessible address (such as a
URL on the Internet) where, for a charge not greater than
transportation and media costs, anyone may receive a copy of the
Source Data of the Work distributed according to the section above; or

(c) A third party's written offer 

Re: Design Science License (in freevo)

2008-01-10 Thread John Halton
On Thu, Jan 10, 2008 at 10:18:00PM +0100, A Mennucc wrote:
 hi d-legal,
 
 I am taking care of the (forthcoming) freevo packages.
 
 Some artwork is covered by the attached Design Science License.
 
 Is it fine to include that stuff in the package and upload?
 (I would say yes, but you may have a more informed opinion).

Looks fine to me.

John

(TINLA)


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