Re: [gentoo-dev] Re: Watch out for license changes to GPL-3.

2007-07-12 Thread Chris Gianelloni
On Thu, 2007-07-12 at 10:18 +0100, Steve Long wrote:
 Or is it `acceptable' for me to put GPLv3 on, say, an ebuild I wrote from
 scratch?

The point is that we don't feel that you *can* write an ebuild from
scratch since it will require certain components, which we feel require
you to base your ebuild on skel.ebuild instead.  Basically, if it's an
ebuild and not something else (spec/pkginfo/control) then it is based
off the one skeleton ebuild which is father to them all, skel.ebuild...

-- 
Chris Gianelloni
Release Engineering Strategic Lead
Alpha/AMD64/x86 Architecture Teams
Games Developer/Council Member/Foundation Trustee
Gentoo Foundation


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Re: [gentoo-dev] Re: Watch out for license changes to GPL-3.

2007-07-12 Thread Ciaran McCreesh
On Thu, 12 Jul 2007 11:24:25 -0700
Chris Gianelloni [EMAIL PROTECTED] wrote:
 On Thu, 2007-07-12 at 10:18 +0100, Steve Long wrote:
  Or is it `acceptable' for me to put GPLv3 on, say, an ebuild I
  wrote from scratch?
 
 The point is that we don't feel that you *can* write an ebuild from
 scratch since it will require certain components, which we feel
 require you to base your ebuild on skel.ebuild instead.

Which feelings are clearly wrong, for anyone with any degree of
familiarity with ebuilds.


-- 
Ciaran McCreesh



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Re: [gentoo-dev] Re: Watch out for license changes to GPL-3.

2007-07-12 Thread Greg KH
On Thu, Jul 12, 2007 at 10:18:13AM +0100, Steve Long wrote:
 Greg KH wrote:
  The GPLv2 is all about distribution, not use cases, so yes, this is the
  case and is perfictly legal with GPLv2 (even the FSF explicitly told
  Tivo that what they were doing was legal and acceptable.)
 
 Well legal, maybe, ie acceptable under the terms.
 
  So, what is the problem here?  The kernel is not going to change
  licenses any time soon, so I don't understand your objections.
  
 I think the point is that people who oppose this kind of thing (yes,
 including me) would rather _our_ contributions were under GPLv3. Yet at the
 moment, we effectively have no choice.

That is _totally_ different than the case which was specifically brought
up about the whole tivo issue and the Linux kernel.

Ebuilds are different, I have no opinion on that (but I do know that the
DRM issues mean nothing for them, that only pertains to the kernel).

thanks,

greg k-h
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Re: [gentoo-dev] Re: Watch out for license changes to GPL-3.

2007-07-12 Thread Mike Frysinger
On Thursday 12 July 2007, Ciaran McCreesh wrote:
 Chris Gianelloni [EMAIL PROTECTED] wrote:
  On Thu, 2007-07-12 at 10:18 +0100, Steve Long wrote:
   Or is it `acceptable' for me to put GPLv3 on, say, an ebuild I
   wrote from scratch?
 
  The point is that we don't feel that you *can* write an ebuild from
  scratch since it will require certain components, which we feel
  require you to base your ebuild on skel.ebuild instead.

 Which feelings are clearly wrong, for anyone with any degree of
 familiarity with ebuilds.

perhaps, but in the larger scheme of things, irrelevant

either Gentoo goes GPL-3 or not at all ... having ebuilds with mixed licenses 
is doomed to failure

unless there is a pressing need for Gentoo to go GPL-3 (and i dont think 
anyone has stated any where it'd matter to Gentoo), there isnt much point 
right now i dont think
-mike


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Re: [gentoo-dev] Re: Watch out for license changes to GPL-3.

2007-07-12 Thread Ciaran McCreesh
On Thu, 12 Jul 2007 15:00:14 -0400
Mike Frysinger [EMAIL PROTECTED] wrote:
  Which feelings are clearly wrong, for anyone with any degree of
  familiarity with ebuilds.
 
 perhaps, but in the larger scheme of things, irrelevant

Unless there are third party repositories shipping their own
from-scratch ebuilds... In which case, afaics there's nothing to stop
*them* from going GPL-3 if they think there's a reason to do so. Unless
the Foundation somehow claims that all ebuilds, even those
from-scratch, are derived works?

-- 
Ciaran McCreesh



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Re: [gentoo-dev] Re: Watch out for license changes to GPL-3.

2007-07-12 Thread Seemant Kulleen
On Thu, 2007-07-12 at 20:07 +0100, Ciaran McCreesh wrote:

 Unless there are third party repositories shipping their own
 from-scratch ebuilds... In which case, afaics there's nothing to stop
 *them* from going GPL-3 if they think there's a reason to do so. Unless
 the Foundation somehow claims that all ebuilds, even those
 from-scratch, are derived works?

What's the case here?  Third-party ebuilds being contributed into the
tree via bugzilla and other means?  Or third-party ebuilds from joe
shmoe off www.joeshmoesebuilds.com?

The second case is meaningless to Gentoo.   The first case needs to be
considered.  The question there, I suppose, is: do we *require*
contributors to license ebuilds as GPL-2?  And if that is the case,
that's what stops them.

It would be an interesting question, though, to prove that someone wrote
a from-scratch ebuild via looking only at the documentation, and without
basing any parts off of already existing ebuilds in the tree, no?


Thanks,

Seemant



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Re: [gentoo-dev] Re: Watch out for license changes to GPL-3.

2007-07-12 Thread Ciaran McCreesh
On Thu, 12 Jul 2007 15:14:38 -0400
Seemant Kulleen [EMAIL PROTECTED] wrote:
 What's the case here?  Third-party ebuilds being contributed into the
 tree via bugzilla and other means?  Or third-party ebuilds from joe
 shmoe off www.joeshmoesebuilds.com?
 
 The second case is meaningless to Gentoo.   The first case needs to be
 considered.  The question there, I suppose, is: do we *require*
 contributors to license ebuilds as GPL-2?  And if that is the case,
 that's what stops them.

Right. The second case is already covered by Gentoo policy.

 It would be an interesting question, though, to prove that someone
 wrote a from-scratch ebuild via looking only at the documentation,
 and without basing any parts off of already existing ebuilds in the
 tree, no?

It'd be interesting to try to prove that they *did* copy it too... For
a sufficiently trivial ebuild, it's entirely possible for a third party
to come up with something that's very close to the in-tree ebuild, even
if they did write it from scratch...

Didn't someone (Seemant? I forget) have to 'provably' rewrite a few
ebuilds that were in the tree a while ago? Wasn't there some issue with
the copyright on ebuilds written by a former developer being something
like Copyright blah Gentoo and dude's_nick?

-- 
Ciaran McCreesh



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Re: [gentoo-dev] Re: Watch out for license changes to GPL-3.

2007-07-12 Thread Wulf C. Krueger
On Thursday, 12. July 2007 21:14:38 Seemant Kulleen wrote:
 It would be an interesting question, though, to prove that someone
 wrote a from-scratch ebuild via looking only at the documentation, and
 without basing any parts off of already existing ebuilds in the tree,
 no?

How many angels can dance on the head of a needle? [1]

Seriously, guys... 

*Did* some Gentoo dev commit an ebuild licenced under GPL-3?
*Did* some user attach an ebuild licenced under GPL-3 to a bug?

Best regards, Wulf

[1] The definitive answer, btw, was found by Professor Raoul Mortley: The 
answer is of course well known; fewer if fat, more if thin.


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Re: [gentoo-dev] Re: Watch out for license changes to GPL-3.

2007-07-12 Thread Chris Gianelloni
On Thu, 2007-07-12 at 15:14 -0400, Seemant Kulleen wrote:
 On Thu, 2007-07-12 at 20:07 +0100, Ciaran McCreesh wrote:
 
  Unless there are third party repositories shipping their own
  from-scratch ebuilds... In which case, afaics there's nothing to stop
  *them* from going GPL-3 if they think there's a reason to do so. Unless
  the Foundation somehow claims that all ebuilds, even those
  from-scratch, are derived works?
 
 What's the case here?  Third-party ebuilds being contributed into the
 tree via bugzilla and other means?  Or third-party ebuilds from joe
 shmoe off www.joeshmoesebuilds.com?
 
 The second case is meaningless to Gentoo.   The first case needs to be
 considered.  The question there, I suppose, is: do we *require*
 contributors to license ebuilds as GPL-2?  And if that is the case,
 that's what stops them.
 
 It would be an interesting question, though, to prove that someone wrote
 a from-scratch ebuild via looking only at the documentation, and without
 basing any parts off of already existing ebuilds in the tree, no?

How likely is this?

Let me put it another way.  I write ebuilds all the time.  I don't need
to look at the documentation or any other ebuilds to write a new one.
However, any ebuild I write is a derived work of previous ebuilds.  Why?
Because I used skel.ebuild and other ebuilds already in the tree as the
basis for the ebuilds I originally wrote.  Because I no longer need to
actually *look* at other ebuilds doesn't change that my entire knowledge
base for ebuild writing is derived from other ebuilds, which were based
on other ebuilds before them.  Also, I would find it very difficult, if
not impossible, to write an ebuild that is even slightly complex without
using the eclasses, at all.  Sure, it is *possible* that someone is
capable of writing an ebuild entirely from scratch, but the likelihood
is pretty much nonexistent.

We could just end this really quickly and require all ebuilds submitted
be done under GPLv2.

-- 
Chris Gianelloni
Release Engineering Strategic Lead
Alpha/AMD64/x86 Architecture Teams
Games Developer/Council Member/Foundation Trustee
Gentoo Foundation


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Re: [gentoo-dev] Re: Watch out for license changes to GPL-3.

2007-07-12 Thread Ciaran McCreesh
On Thu, 12 Jul 2007 21:48:05 +0200
Wulf C. Krueger [EMAIL PROTECTED] wrote:
 Seriously, guys... 
 
 *Did* some Gentoo dev commit an ebuild licenced under GPL-3?
 *Did* some user attach an ebuild licenced under GPL-3 to a bug?

There are third party repositories out there with from-scratch ebuilds
that, at the very least, don't use Gentoo copyright. So if the
Foundation is claiming that all ebuilds are derived from skel.ebuild as
wolf31o2 implies, this is most definitely an issue.

-- 
Ciaran McCreesh



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Re: [gentoo-dev] Re: Watch out for license changes to GPL-3.

2007-07-12 Thread Mike Frysinger
On Thursday 12 July 2007, Ciaran McCreesh wrote:
 Mike Frysinger [EMAIL PROTECTED] wrote:
   Which feelings are clearly wrong, for anyone with any degree of
   familiarity with ebuilds.
 
  perhaps, but in the larger scheme of things, irrelevant

 Unless there are third party repositories shipping their own
 from-scratch ebuilds...

why would Gentoo care two licks about ebuilds in third party repositories ... 
this is just pointless pondering
-mike


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Re: [gentoo-dev] Re: Watch out for license changes to GPL-3.

2007-07-12 Thread Ciaran McCreesh
On Thu, 12 Jul 2007 12:58:49 -0700
Chris Gianelloni [EMAIL PROTECTED] wrote:
  It would be an interesting question, though, to prove that someone
  wrote a from-scratch ebuild via looking only at the documentation,
  and without basing any parts off of already existing ebuilds in the
  tree, no?
 
 How likely is this?

I know for a fact that people have already done it and are
redistributing works created that way without a Foundation copyright or
any Based upon blah, which is copyright Gentoo blah notice. I'm not
aware of any non-GPL-2 ebuilds being distributed, but if it is claimed
that all ebuilds are derived works of skel.ebuild then there's still a
copyright issue here.

 Let me put it another way.  I write ebuilds all the time.  I don't
 need to look at the documentation or any other ebuilds to write a new
 one. However, any ebuild I write is a derived work of previous
 ebuilds.  Why? Because I used skel.ebuild and other ebuilds already
 in the tree as the basis for the ebuilds I originally wrote.  Because
 I no longer need to actually *look* at other ebuilds doesn't change
 that my entire knowledge base for ebuild writing is derived from
 other ebuilds, which were based on other ebuilds before them. 

Getting an idea or knowledge from somewhere doesn't subject something
to copyright or licence requirements. There may be patent and
non-disclosure issues, but neither are applicable here.

 Also, I would find it very difficult, if not impossible, to write an
 ebuild that is even slightly complex without using the eclasses, at
 all. Sure, it is *possible* that someone is capable of writing an
 ebuild entirely from scratch, but the likelihood is pretty much
 nonexistent.

As I understand it, merely using an eclass doesn't force GPL-2 on an
ebuild because there's no linkage involved.

 We could just end this really quickly and require all ebuilds
 submitted be done under GPLv2.

Sure, but what about third party ebuilds? Claiming that all ebuilds are
derived work of a Gentoo-copyrighted ebuild effectively requires all
ebuilds that don't have Gentoo copyright to include a statement like:

# Based upon skel.ebuild, which is Copyright 1999-2007 Gentoo Foundation

There are quite a few things out there that do not currently comply with
this requirement. If the Foundation truly believes that all ebuilds are
derived works, they should issue some kind of statement saying so.

-- 
Ciaran McCreesh



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Re: [gentoo-dev] Re: Watch out for license changes to GPL-3.

2007-07-12 Thread Petteri Räty
Ciaran McCreesh kirjoitti:
 
 As I understand it, merely using an eclass doesn't force GPL-2 on an
 ebuild because there's no linkage involved.
 

This argument would make it possible to write apps using GPL-2 python
libraries in !GPL-2 licenses so I don't think it goes that way but I am
no lawyer as said before.

Regards,
Petteri



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Re: [gentoo-dev] Re: Watch out for license changes to GPL-3.

2007-07-12 Thread Ciaran McCreesh
On Thu, 12 Jul 2007 16:10:48 -0400
Mike Frysinger [EMAIL PROTECTED] wrote:
 On Thursday 12 July 2007, Ciaran McCreesh wrote:
  Mike Frysinger [EMAIL PROTECTED] wrote:
Which feelings are clearly wrong, for anyone with any degree of
familiarity with ebuilds.
  
   perhaps, but in the larger scheme of things, irrelevant
 
  Unless there are third party repositories shipping their own
  from-scratch ebuilds...
 
 why would Gentoo care two licks about ebuilds in third party
 repositories ... this is just pointless pondering

Because if they're derived works from skel.ebuild as wolf31o2 is
claiming, then there are both copyright and licence requirements imposed
upon them. If this is the case, there are people out there in
violation, some of whom would likely take extremely strong issue with
the derived works argument...

-- 
Ciaran McCreesh



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Re: [gentoo-dev] Re: Watch out for license changes to GPL-3.

2007-07-12 Thread Harald van Dijk
On Thu, Jul 12, 2007 at 11:16:46PM +0300, Petteri Räty wrote:
 Ciaran McCreesh kirjoitti:
  
  As I understand it, merely using an eclass doesn't force GPL-2 on an
  ebuild because there's no linkage involved.
  
 
 This argument would make it possible to write apps using GPL-2 python
 libraries in !GPL-2 licenses

Correct, it does, just like it permits C applications with
GPL-incompatible licenses to link with GPL libraries, so long as this
linking is done by the end user and the application is not distributed
in its linked form. See for example the NVidia kernel module, or for a
somewhat different but similar example, cdrtools.
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Re: [gentoo-dev] Re: Watch out for license changes to GPL-3.

2007-07-12 Thread Mike Frysinger
On Thursday 12 July 2007, Ciaran McCreesh wrote:
 On Thu, 12 Jul 2007 16:10:48 -0400

 Mike Frysinger [EMAIL PROTECTED] wrote:
  On Thursday 12 July 2007, Ciaran McCreesh wrote:
   Mike Frysinger [EMAIL PROTECTED] wrote:
 Which feelings are clearly wrong, for anyone with any degree of
 familiarity with ebuilds.
   
perhaps, but in the larger scheme of things, irrelevant
  
   Unless there are third party repositories shipping their own
   from-scratch ebuilds...
 
  why would Gentoo care two licks about ebuilds in third party
  repositories ... this is just pointless pondering

 Because if they're derived works from skel.ebuild as wolf31o2 is
 claiming, then there are both copyright and licence requirements imposed
 upon them. If this is the case, there are people out there in
 violation, some of whom would likely take extremely strong issue with
 the derived works argument...

blah blah blah it's a stupid argument

third parties are free to license however they like.  anything in the Gentoo 
portage tree has to have a header the same as skel.ebuild.
-mike


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Re: [gentoo-dev] Re: Watch out for license changes to GPL-3.

2007-07-12 Thread Ciaran McCreesh
On Thu, 12 Jul 2007 17:06:05 -0400
Mike Frysinger [EMAIL PROTECTED] wrote:
 third parties are free to license however they like.

Could the Foundation make a formal statement to that effect, and could
wolf31o2 retract his claim that all ebuilds are derived works of
skel.ebuild?

-- 
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Re: [gentoo-dev] Re: Watch out for license changes to GPL-3.

2007-07-12 Thread Mike Frysinger
On Thursday 12 July 2007, Ciaran McCreesh wrote:
 Mike Frysinger [EMAIL PROTECTED] wrote:
  third parties are free to license however they like.

 Could the Foundation make a formal statement to that effect, and could
 wolf31o2 retract his claim that all ebuilds are derived works of
 skel.ebuild?

why dont you go make a query where it belongs: on the trustees list
-mike


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Re: [gentoo-dev] Re: Watch out for license changes to GPL-3.

2007-07-12 Thread Jeroen Roovers
On Thu, 12 Jul 2007 15:14:38 -0400
Seemant Kulleen [EMAIL PROTECTED] wrote:

 The question there, I suppose, is: do we *require* contributors to
 license ebuilds as GPL-2?

The Gentoo Project requires contributors to surrender the copyright to
the Gentoo Foundation. The Foundation sets the license (to GPL-2). I
(hopefully :) explained this in another reply to this thread.


Kind regards,
 JeR
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Re: [gentoo-dev] Re: Watch out for license changes to GPL-3.

2007-07-12 Thread Jeroen Roovers
On Thu, 12 Jul 2007 22:11:36 +0100
Ciaran McCreesh [EMAIL PROTECTED] wrote:

 On Thu, 12 Jul 2007 17:06:05 -0400
 Mike Frysinger [EMAIL PROTECTED] wrote:
  third parties are free to license however they like.
 
 Could the Foundation make a formal statement to that effect, and could
 wolf31o2 retract his claim that all ebuilds are derived works of
 skel.ebuild?

Chris doesn't need to retract his claim, because his claim is very
likely false or at best immaterial. Finding out whether one work is a
derivative of another is much too expensive. It's easier to state a
copyright claim, in effect surrendering the copyright to the Gentoo
Foundation, and be done with it, and then let the Gentoo Foundation set
the license, in this case GPL-2. This happens to be exactly what the
header.txt file[0] in gentoo-x86 is for, but sadly there is no
documentation that explains this policy at all, it seems.

To be exact, by submitting an ebuild, you actively surrender the
copyright to the ebuild to the Gentoo Foundation, formerly Gentoo
Technologies, Inc. [1], the original commit of skel.build (later
skel.ebuild) already made this very clear:

# Copyright 1999-2000 Gentoo Technologies, Inc.
# Distributed under the terms of the GNU General Public License, v2 or
later
# Author Your Name your email
# $Header$

I remember seeing a less subtle statement to this effect (that the
copyright to anything you submit to Gentoo's CVS is passed on to
the Gentoo Project) a long time ago, probably in the devrel/recruiters
documentation during my own recruitment. Right now I can only find
this:

  ===Headers===

When you submit your ebuilds, the header should be exactly the same as
the one in /usr/portage/header.txt. Most importantly, do not modify it
in anyway and make sure that the $Header: $ line is intact.[2]

Sadly, currently no document on www.gentoo.org explains the judicial
better than [3], which has this:

The bureaucracy we mention includes:

[...]

- juridical protection: backing up the licenses Gentoo uses,
  maintaining the copyrights on Gentoo's software, documentation and
  other assets and protecting Gentoo's intellectual property

and also:

In other words, the Gentoo Foundation will:

[...]

- protect the developed code, documentation, artwork and other
  material through copyright and licenses

I think this lack of clarity calls for some changes to at least the
policy documents. Ebuilds can probably not be considered proper
derivatives of skel.[e]build, but IANAL, I can only say that having a
court find this would be very expensive, whatever the outcome.


Therefore, the copyright to an ebuild is or should be actively and
simply turned over to the Gentoo Foundation by the developer, and this
should be made policy and should be explained properly in a few places
in our documentation.

Should I file a documentation bug about this?


Kind regards,
 JeR

[0] http://sources.gentoo.org/viewcvs.py/gentoo-x86/header.txt
[1] http://sources.gentoo.org/viewcvs.py/gentoo-x86/skel.ebuild
[2]
http://www.gentoo.org/proj/en/devrel/handbook/handbook.xml?part=2chap=1
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Re: [gentoo-dev] Re: Watch out for license changes to GPL-3.

2007-07-12 Thread Mike Frysinger
On Thursday 12 July 2007, Jeroen Roovers wrote:
 snip

before people start responding with their opinions, take this to the trustees 
list.  that list is for all Gentoo licensing/copyright/blah-blah-boring-crap.
-mike


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Re: [gentoo-dev] Re: Watch out for license changes to GPL-3.

2007-07-12 Thread Marius Mauch
Add usual IANAL disclaimer here. All of what I say below is just a
recall of what I remember from discussions that happened a few years
ago.

On Fri, 13 Jul 2007 04:53:10 +0200
Jeroen Roovers [EMAIL PROTECTED] wrote:

 To be exact, by submitting an ebuild, you actively surrender the
 copyright to the ebuild to the Gentoo Foundation, formerly Gentoo
 Technologies, Inc. [1], the original commit of skel.build (later
 skel.ebuild) already made this very clear:

Only if the ebuild actually includes our copyright header, and even then
is probably questionable in legal terms.

 I remember seeing a less subtle statement to this effect (that the
 copyright to anything you submit to Gentoo's CVS is passed on to
 the Gentoo Project) a long time ago, probably in the devrel/recruiters
 documentation during my own recruitment.

I think you're talking about the copyright assignment doc, which new
devs were required to sign for some time (back when drobbins was still
in charge) and send back to drobbins, but which was pulled because of
serious flaws. Ever since the copyright assignment issue has been
something the foundation/board of trustees should have take care of
(one of the reasons we needed the lawyers), with no result so far.

 Sadly, currently no document on www.gentoo.org explains the judicial
 better than [3], which has this:
 
 The bureaucracy we mention includes:
 
 [...]
 
 - juridical protection: backing up the licenses Gentoo uses,
   maintaining the copyrights on Gentoo's software, documentation
 and other assets and protecting Gentoo's intellectual property
 
 and also:
 
 In other words, the Gentoo Foundation will:
 
 [...]
 
 - protect the developed code, documentation, artwork and other
   material through copyright and licenses

Which isn't really related, as we can only protect what we own.

 Therefore, the copyright to an ebuild is or should be actively and
 simply turned over to the Gentoo Foundation by the developer, and this
 should be made policy and should be explained properly in a few places
 in our documentation.
 
 Should I file a documentation bug about this?

Well, documention won't help to resolve the legal questions about this
(what exactly is necessary to assign copyright from a person to the
foundation), and that's the main problem IMO.

Marius

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Re: [gentoo-dev] Re: Watch out for license changes to GPL-3.

2007-07-12 Thread Jeroen Roovers
On Fri, 13 Jul 2007 05:55:26 +0200
Marius Mauch [EMAIL PROTECTED] wrote:

 Well, documention won't help to resolve the legal questions about this
 (what exactly is necessary to assign copyright from a person to the
 foundation), and that's the main problem IMO.

I never realised this was controversial. In that case, Mr. Frysinger is
correct in stating this thread should probably be moved to this
exciting trustees list  he keeps mentioning. :)


Kind regards,
 JeR
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Re: [gentoo-dev] Re: Watch out for license changes to GPL-3.

2007-07-12 Thread Mike Frysinger
On Friday 13 July 2007, Jeroen Roovers wrote:
 Marius Mauch [EMAIL PROTECTED] wrote:
  Well, documention won't help to resolve the legal questions about this
  (what exactly is necessary to assign copyright from a person to the
  foundation), and that's the main problem IMO.

 I never realised this was controversial. In that case, Mr. Frysinger is
 correct in stating this thread should probably be moved to this
 exciting trustees list  he keeps mentioning. :)

Mr. Frysinger is my dad, stoopid
-mike


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Re: [gentoo-dev] Re: Watch out for license changes to GPL-3.

2007-07-12 Thread Harald van Dijk
On Fri, Jul 13, 2007 at 07:04:20AM +0200, Harald van Dijk wrote:
  Correct, it does, just like it permits C applications with
  GPL-incompatible licenses to link with GPL libraries, so long as this
  linking is done by the end user and the application is not distributed
  in its linked form. See for example the NVidia kernel module, or for a
  somewhat different but similar example, cdrtools.
  
  Not true:
  
  cdrecord and all-1 programs in cdrtrools are 100% CDDL.
  
  mkisofs is a GPL project that links to non-GPL libraries.
  This is something that is no problem with the GPLv2 as long as the
  libraries are not derived from or written for GPL code.
  
  As the libraries mkisofs links with are older than mkisofs or at 
  least written independently and usage neutral, there is no problem 
  even with binaray redistribution of mkisofs.
 
 http://www.gnu.org/licenses/gpl-faq.html#GPLIncompatibleLibs
 
 Neither the FSF nor you hold the copyright to mkisofs, but still, I'll
 take the FSF's own interpretation over yours. If others believe you're
 right, that's their choice.

Besides, as I recall, the decision for cdrkit was based on a
disagreement over the build system license, not the license of
libraries. Sorry, that's what I should've said, and that's all I
should've said; the rest is not relevant here.
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Re: [gentoo-dev] Re: Watch out for license changes to GPL-3.

2007-07-09 Thread Jeroen Roovers
On Mon, 09 Jul 2007 10:31:23 +0100
Steve Long [EMAIL PROTECTED] wrote:

 IMO though, Gentoo is effectively already under GPL3 in that, apart
 from portage and python, all the core software is GNU. It'd be pretty
 difficult for instance, to run any ebuild without BASH.

It's not a matter of opinion whether Gentoo (sys-apps/portage, the
ebuilds and so on) are GPL -2 or -3. Running your own copyrighted works
on Gentoo does not effectively mean that your works are suddenly
held to the same license as Gentoo. There's a complicated discussion
about derived works that I won't go into here, but Gentoo, the Linux
distribution, is distributed under many licenses, whereas Gentoo the
package management system / Portage tree is distributed under one
license -- GPL-2. Whether all the system utils or the kernel are GPL-3
is of no consequence to the package manager or the Portage tree.

Lastly, appreciating that (most) ebuilds require bash to be interpreted
does *not* make them derivative works of bash in accepted readings of
international copyright law. Therefore, the license of bash be(com)ing
GPL-3 does not preclude ebuilds being (and remaining) GPL-2.


Kind regards,
 JeR
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Re: [gentoo-dev] Re: Watch out for license changes to GPL-3.

2007-07-09 Thread Petteri Räty
Jeroen Roovers kirjoitti:
 On Mon, 09 Jul 2007 10:31:23 +0100
 Steve Long [EMAIL PROTECTED] wrote:
 
 IMO though, Gentoo is effectively already under GPL3 in that, apart
 from portage and python, all the core software is GNU. It'd be pretty
 difficult for instance, to run any ebuild without BASH.
 
 It's not a matter of opinion whether Gentoo (sys-apps/portage, the
 ebuilds and so on) are GPL -2 or -3. 

Ebuilds heavily call into functions defined in Portage so someone could
argue that if Portage goes to GPL-3 so should the ebuilds. Of course
with EAPI things might not be this way and I am not a lawyer either.

Regards,
Petteri



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Re: [gentoo-dev] Re: Watch out for license changes to GPL-3.

2007-07-09 Thread Dominique Michel

 Thus the questions of whether many/most individual ebuilds /could/ be 
 copyrighted or if so whether it's worth doing so.  Certainly, it's the 
 tree that contains the license, not the individual ebuilds, etc, which 
 give the copyright statement but little more.  Gentoo policy would seem 
 to be, then, that it's the work of the tree as a whole that's 
 copyrighted.  Individual ebuilds may or may not be, and it's /implied/ 
 (which isn't necessarily legally binding) that if they are, there'd be 
 little attempt at enforcement unless a significant portion of the tree 
 was copied/modified.
 
I think at current gentoo policy is good. I don't want to have the possibility
to have individual licence for individual ebuild because that can block a
licence change if such a change become a necessity.

 That's a long and predictably controversial debate.  See all the 
 electrons spilled on it debating the Linux kernel, for instance.  While I 
 personally support the FSF and GPL3, there's a definitely valid position 
 held by some that the code return requirements of GPL2 are sufficient, 
 that Tivoization should be specifically allowed, because the code is 
 returned, even if it doesn't work on their specific product without the 
 signing keys and etc.
 

It doesn't matter if gentoo tree is v2 or v3 in regard of tivoization because
no one single program in portage is linked against the tree or an eclass.

I also think at the tivoization issue is not valid for the patches in the
ebuild-xyz/files folder, because they are in the tree and the tree is under gpl
v2. 

So in fact, it doesn't matter in regard of tivoization if the tre is under v2
or v3. I am not a layer, but I will be very surprised if I am wrong on that
point.

I don't know if an individual patches in some ebuild-xyz/files folder can be
under v3 or v2 and later in order to be able to legally patch a gpl-v3 xyz
software.

The situation is: the ebuild-xyz have a patch under gpl-v2 in its files folder
because it is in the tree and the whole tree is v2 only. And the software xyz
is under gpl-v3. The problem is at I think at it will not be allowed by the
software xyz because gpl-v3 is not compatible with a patch under the gpl-v2
only licence. The patch's licence must be gpl-v2 or later, gpl-v3, or gpl-v3 or
later.

Dominique
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