Re: [OT] RMS Suing was [SUGGESTION] - JFS for FreeBSD

2001-12-17 Thread Jacques A. Vidrine

On Sat, Dec 15, 2001 at 04:43:37PM -0800, Matthew Dillon wrote:
 I am aware that certain long-standing RMS-specific projects,
 like emacs, require people who submit patches to sign-over their 
 copyright, but I am not aware of people generally signing 
 the copyright for their own GPL'd works over to the FSF.  RMS
 wnats people to, but as far as I can tell most people have no
 desire to.

All GNU projects appear to work this way.  Contributions/patches are
not accepted until you have completed paperwork with the FSF.

I didn't realize how common this was myself until I started hacking on
guile.  I don't hack on it anymore.

Cheers,
-- 
Jacques A. Vidrine [EMAIL PROTECTED] http://www.nectar.cc/
NTT/Verio SME   .  FreeBSD UNIX  .Heimdal Kerberos
[EMAIL PROTECTED]  .   [EMAIL PROTECTED]   .   [EMAIL PROTECTED]

To Unsubscribe: send mail to [EMAIL PROTECTED]
with unsubscribe freebsd-current in the body of the message



Re: [OT] RMS Suing was [SUGGESTION] - JFS for FreeBSD

2001-12-17 Thread Julian Stacey

 From: Terry Lambert [EMAIL PROTECTED] 

 The rights are assigned, with the terms being in consideration for
 examination of the submission (it's not a contract unless there is
 consideration and exchange).

Don't bet on it !  Law Is  a mess or a nightmare, variable by
time  location, etc, best avoided :-)

EG:

It can depend which legal jurisdicition one is in.  I'm British,
there's a difference I believe between English  Scottish
contract law (Wales  NI using English contract law). One jurisdicition
requires at least a nominal amount of money to exchange for a
contract, whereas the other allows a contract without money involved;
which way round I don't remember.

I've no idea on Germany law (where I am now),  no idea whether
your USA federal law chose to adopt a model from England, Scotland,
Germany or some other imigrants way back, or whether that would be
federal or variable state law.  Not that USA law is of particular
importance anyway, it's merely the address of FSF  a bunch of
programmers, but not the address of many other people  sites.  I
think some jurisdictions also probably won't consider things as a
legal contract unless it bears a stamp affixed (a tax revenue raiser).

Julian
J.StaceyMunich Unix (FreeBSD, Linux etc) Independent Consultant
 Reduce costs to secure jobs: Use free software: http://bim.bsn.com/~jhs/free/
 Ihr Rauchen = mein allergischer Kopfschmerz !  Schnupftabak probieren !

To Unsubscribe: send mail to [EMAIL PROTECTED]
with unsubscribe freebsd-current in the body of the message



Re: [OT] RMS Suing was [SUGGESTION] - JFS for FreeBSD

2001-12-15 Thread Matthew Dillon

:
:Just to balance this point out;
:
:Only the copyright holder can do this, what code of any significance has 
:RMS contributed recently to this or any other project where this would be 
:a consideration?
:
:Uh, people have been signing their copyright over to FSF for a long
:time...
:
:-- 
:Poul-Henning Kamp   | UNIX since Zilog Zeus 3.20

I am aware that certain long-standing RMS-specific projects,
like emacs, require people who submit patches to sign-over their 
copyright, but I am not aware of people generally signing 
the copyright for their own GPL'd works over to the FSF.  RMS
wnats people to, but as far as I can tell most people have no
desire to.

-Matt


To Unsubscribe: send mail to [EMAIL PROTECTED]
with unsubscribe freebsd-current in the body of the message



Re: [OT] RMS Suing was [SUGGESTION] - JFS for FreeBSD

2001-12-15 Thread Terry Lambert

Matthew Dillon wrote:
 I am aware that certain long-standing RMS-specific projects,
 like emacs, require people who submit patches to sign-over their
 copyright, but I am not aware of people generally signing
 the copyright for their own GPL'd works over to the FSF.  RMS
 wnats people to, but as far as I can tell most people have no
 desire to.

The way ReiserFS does this is to affix a contract to the CVS change
submission, or require that the contract be manually affixed to any
email submissions.

The rights are assigned, with the terms being in consideration for
examination of the submission (it's not a contract unless there is
consideration and exchange).

The FSF handles this slightly differently, but the practical matter
of the assignment is in effect the same.

-- Terry

To Unsubscribe: send mail to [EMAIL PROTECTED]
with unsubscribe freebsd-current in the body of the message



Re: [OT] RMS Suing was [SUGGESTION] - JFS for FreeBSD

2001-12-15 Thread Matthew Dillon


:The way ReiserFS does this is to affix a contract to the CVS change
:submission, or require that the contract be manually affixed to any
:email submissions.
:
:The rights are assigned, with the terms being in consideration for
:examination of the submission (it's not a contract unless there is
:consideration and exchange).
:
:The FSF handles this slightly differently, but the practical matter
:of the assignment is in effect the same.
:
:-- Terry

Yes, and I'm planning on doing something similar with the Backplane
Database.  It's a good idea, just not a good idea to assign your own
works to someone else (e.g. not the FSF).  The FSF can do whatever they
want with their own code and can ask contributors to assign rights to
them, but it is totally inappropriate for them to ask people to assign
the copyright for other unrelated GPL'd works to them.

Also, the latest version of the GPL in my view weakens it terribly.
The way it reads, the copyright is not the copyright in the file but
the latest copyright on FSF's site (which theoretically allows the FSF
to update the copyright and have the new version automatically apply
to preexisting works).  I don't think it's even close to being legal.

-Matt
Matthew Dillon 
[EMAIL PROTECTED]

To Unsubscribe: send mail to [EMAIL PROTECTED]
with unsubscribe freebsd-current in the body of the message



[OT] RMS Suing was [SUGGESTION] - JFS for FreeBSD

2001-12-12 Thread Andrew Kenneth Milton

+---[ Terry Lambert ]--
|
| RMS has indicated a willingness to sue people distributing bipartite
| distributions, where the linking is delayed until installation to
| work around the letter of the GPL.  Given his religious convictions,
| I can't see him *not*.  Factor that into your decision.

Just to balance this point out;

Only the copyright holder can do this, what code of any significance has 
RMS contributed recently to this or any other project where this would be 
a consideration?

Not everyone has the religious conviction of RMS. In 1983 RMS promised a
kernel for GNU too, it hasn't arrived yet. He talks a lot. Remeber to 
factor that into your decisions d8)

-- 
Totally Holistic Enterprises Internet|  | Andrew Milton
The Internet (Aust) Pty Ltd  |  |
ACN: 082 081 472 ABN: 83 082 081 472 |  M:+61 416 022 411   | Carpe Daemon
PO Box 837 Indooroopilly QLD 4068|[EMAIL PROTECTED]| 

To Unsubscribe: send mail to [EMAIL PROTECTED]
with unsubscribe freebsd-current in the body of the message



Re: [OT] RMS Suing was [SUGGESTION] - JFS for FreeBSD

2001-12-12 Thread Poul-Henning Kamp

In message [EMAIL PROTECTED], Andrew Kenneth Milt
on writes:
+---[ Terry Lambert ]--
|
| RMS has indicated a willingness to sue people distributing bipartite
| distributions, where the linking is delayed until installation to
| work around the letter of the GPL.  Given his religious convictions,
| I can't see him *not*.  Factor that into your decision.

Just to balance this point out;

Only the copyright holder can do this, what code of any significance has 
RMS contributed recently to this or any other project where this would be 
a consideration?

Uh, people have been signing their copyright over to FSF for a long
time...

-- 
Poul-Henning Kamp   | UNIX since Zilog Zeus 3.20
[EMAIL PROTECTED] | TCP/IP since RFC 956
FreeBSD committer   | BSD since 4.3-tahoe
Never attribute to malice what can adequately be explained by incompetence.

To Unsubscribe: send mail to [EMAIL PROTECTED]
with unsubscribe freebsd-current in the body of the message



Re: [OT] RMS Suing was [SUGGESTION] - JFS for FreeBSD

2001-12-12 Thread Hiten Pandya

hi,
why would RMS sue, lets say me, for porting IBM's
piece of GPL'ed code to FreeBSD src/gnu.

What i will be doing (if the votes come out positive),
will be exactly as how his law says...


--- Poul-Henning Kamp [EMAIL PROTECTED] wrote:
 In message
 [EMAIL PROTECTED],
 Andrew Kenneth Milt
 on writes:
 +---[ Terry Lambert ]--
 |
 | RMS has indicated a willingness to sue people
 distributing bipartite
 | distributions, where the linking is delayed until
 installation to
 | work around the letter of the GPL.  Given his
 religious convictions,
 | I can't see him *not*.  Factor that into your
 decision.
 
 Just to balance this point out;
 
 Only the copyright holder can do this, what code of
 any significance has 
 RMS contributed recently to this or any other
 project where this would be 
 a consideration?
 
 Uh, people have been signing their copyright over to
 FSF for a long
 time...
 
 -- 
 Poul-Henning Kamp   | UNIX since Zilog Zeus 3.20
 [EMAIL PROTECTED] | TCP/IP since RFC 956
 FreeBSD committer   | BSD since 4.3-tahoe
 Never attribute to malice what can adequately be
 explained by incompetence.
 
 To Unsubscribe: send mail to [EMAIL PROTECTED]
 with unsubscribe freebsd-current in the body of
 the message


=
-Hiten,

Thank You,
Yours Sincerely,
Hiten Pandya,
[EMAIL PROTECTED]
http://www.geocities.com/hitmaster2k

__
Do You Yahoo!?
Check out Yahoo! Shopping and Yahoo! Auctions for all of
your unique holiday gifts! Buy at http://shopping.yahoo.com
or bid at http://auctions.yahoo.com

To Unsubscribe: send mail to [EMAIL PROTECTED]
with unsubscribe freebsd-current in the body of the message



Re: [OT] RMS Suing was [SUGGESTION] - JFS for FreeBSD

2001-12-12 Thread Terry Lambert

Andrew Kenneth Milton wrote:
 +---[ Terry Lambert ]--
 | RMS has indicated a willingness to sue people distributing bipartite
 | distributions, where the linking is delayed until installation to
 | work around the letter of the GPL.  Given his religious convictions,
 | I can't see him *not*.  Factor that into your decision.
 
 Just to balance this point out;
 
 Only the copyright holder can do this, what code of any significance has
 RMS contributed recently to this or any other project where this would be
 a consideration?

I can't argue with that; historically, IBM has never sued anyone, and
they were oh so happy to consider another license for the year I tried
to push for it for use in a FreeBSD based IBM product.  Not.

8^p

-- Terry

To Unsubscribe: send mail to [EMAIL PROTECTED]
with unsubscribe freebsd-current in the body of the message



Re: [OT] RMS Suing was [SUGGESTION] - JFS for FreeBSD

2001-12-12 Thread Andrew Kenneth Milton

+---[ Poul-Henning Kamp ]--
| In message [EMAIL PROTECTED], Andrew Kenneth Milt
| on writes:
| +---[ Terry Lambert ]--
| |
| | RMS has indicated a willingness to sue people distributing bipartite
| | distributions, where the linking is delayed until installation to
| | work around the letter of the GPL.  Given his religious convictions,
| | I can't see him *not*.  Factor that into your decision.
| 
| Just to balance this point out;
| 
| Only the copyright holder can do this, what code of any significance has 
| RMS contributed recently to this or any other project where this would be 
| a consideration?
| 
| Uh, people have been signing their copyright over to FSF for a long
| time...

That still doesn't answer the question though. I'm pretty sure IBM didn't
sign *their* copyright over to the FSF.

-- 
Totally Holistic Enterprises Internet|  | Andrew Milton
The Internet (Aust) Pty Ltd  |  |
ACN: 082 081 472 ABN: 83 082 081 472 |  M:+61 416 022 411   | Carpe Daemon
PO Box 837 Indooroopilly QLD 4068|[EMAIL PROTECTED]| 

To Unsubscribe: send mail to [EMAIL PROTECTED]
with unsubscribe freebsd-current in the body of the message



Re: [OT] RMS Suing was [SUGGESTION] - JFS for FreeBSD

2001-12-12 Thread Andrew Kenneth Milton

+---[ Terry Lambert ]--
|
|  Only the copyright holder can do this, what code of any significance has
|  RMS contributed recently to this or any other project where this would be
|  a consideration?
| 
| I can't argue with that; historically, IBM has never sued anyone, and
| they were oh so happy to consider another license for the year I tried
| to push for it for use in a FreeBSD based IBM product.  Not.

Of course not, the GPL protects them from competitors taking and improving
their product and selling it at a profit without having to share. Ironic
isn't it, that the GPL has become a tool of the oppressors d8)

-- 
Totally Holistic Enterprises Internet|  | Andrew Milton
The Internet (Aust) Pty Ltd  |  |
ACN: 082 081 472 ABN: 83 082 081 472 |  M:+61 416 022 411   | Carpe Daemon
PO Box 837 Indooroopilly QLD 4068|[EMAIL PROTECTED]| 

To Unsubscribe: send mail to [EMAIL PROTECTED]
with unsubscribe freebsd-current in the body of the message



Re: [OT] RMS Suing was [SUGGESTION] - JFS for FreeBSD

2001-12-12 Thread Terry Lambert

Hiten Pandya wrote:
 why would RMS sue, lets say me, for porting IBM's
 piece of GPL'ed code to FreeBSD src/gnu.

RMS wouldn't, not being directly involved.  IBM might.

I am a former IBM employee, of IBM GSB division (Global Small
Business).  I became an IBM employee when IBM bought Whistle
Communications, Inc., which produced a SOHO connectivity
product called the InterJet.  This became the basis of the IBM
Web Connections offering (the purchase of Whistle was portrayed
as a time-to-market decision).

The InterJet II product is what funded the Soft Updates port
to FreeBSD.  The idea was to get rid of the internal UPS that
was otherwise required, to reduce the COGS (Cost Of Goods Sold).
With Soft Updates, we were able to replace the UPS with a power
supply with a large DC holdup time, and AC fail notification.
This work occured mostly before the IBM acquisition.

When the GPL JFS was announced, I tried within IBM for a year
to get the code under other terms for use in an IBM GSB product,
specifically, the InterJet.  The people involved were on a
religious/marketing GPL crusade, however.

If we had been able to use a JFS, we would have been able to get
rid of the remainder of the extra cost in the power supply, and
get our costs down further, by using an off-the-shelf supply.


Despite the fact that this was costing another division of IBM
money, the people releasing the JFS refused to relicense, even
for internal use only, the JFS code that they were giving away to
the Linux community (I'm sure that, if the AIX people had the code,
that it was possible, were we to commit a large enough chunk of our
operating budget, to get the code from the AIX people, but the
amortized cost of this would not have reduced our COGS).

With JFS under non-GPL'ed terms, we wuld have been able to get
perhaps another $120 per unit out of the final end customer cost.
In the U.S., this would have let us drop our subscription cost
$10/month.  In Japan, it would have dropped ~20,000 Yen from the
total per unit cost.


Forgive me if I don't think that someone outside IBM is going to
have any better luck than a group of high band people inside IBM
who could demonstrate a business case pertinenet to IBMs financial
interests.

-- Terry

To Unsubscribe: send mail to [EMAIL PROTECTED]
with unsubscribe freebsd-current in the body of the message



Re: [OT] RMS Suing was [SUGGESTION] - JFS for FreeBSD

2001-12-12 Thread Terry Lambert

Andrew Kenneth Milton wrote:
 | I can't argue with that; historically, IBM has never sued anyone, and
 | they were oh so happy to consider another license for the year I tried
 | to push for it for use in a FreeBSD based IBM product.  Not.
 
 Of course not, the GPL protects them from competitors taking and improving
 their product and selling it at a profit without having to share. Ironic
 isn't it, that the GPL has become a tool of the oppressors d8)

Perhaps you missed the fact that I was *ALSO* IBM at the time.

-- Terry

To Unsubscribe: send mail to [EMAIL PROTECTED]
with unsubscribe freebsd-current in the body of the message



Re: [OT] RMS Suing was [SUGGESTION] - JFS for FreeBSD

2001-12-12 Thread Andrew Kenneth Milton

+---[ Terry Lambert ]--
| Andrew Kenneth Milton wrote:
|  | I can't argue with that; historically, IBM has never sued anyone, and
|  | they were oh so happy to consider another license for the year I tried
|  | to push for it for use in a FreeBSD based IBM product.  Not.
|  
|  Of course not, the GPL protects them from competitors taking and improving
|  their product and selling it at a profit without having to share. Ironic
|  isn't it, that the GPL has become a tool of the oppressors d8)
| 
| Perhaps you missed the fact that I was *ALSO* IBM at the time.

I didn't. I wasn't saying you were a competitor, just that the GPL is a
convenient license for corporations to use. IBM are bigger than most 
governments, were you surprised that the bureaucracy is too?

-- 
Totally Holistic Enterprises Internet|  | Andrew Milton
The Internet (Aust) Pty Ltd  |  |
ACN: 082 081 472 ABN: 83 082 081 472 |  M:+61 416 022 411   | Carpe Daemon
PO Box 837 Indooroopilly QLD 4068|[EMAIL PROTECTED]| 

To Unsubscribe: send mail to [EMAIL PROTECTED]
with unsubscribe freebsd-current in the body of the message