Re: How can I detect the compiler version used to generate a .a or .so library

2006-02-16 Thread Gelu Ionescu

Many thanks Alfred

Alfred M. Szmidt wrote:


   How can I detect the compiler version used to generate a .a or .so
   library ?

Depends on so many things, like if the compiler actually adds such
data to the output files.  GCC dumps such data in the .comments
sections of ELF files, so you could use something like `objdump -j
.comment -s FILE' to get that stuff.

Cheers.



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Re: Intellectual Property II

2006-02-16 Thread Alexander Terekhov

Alexander Terekhov wrote:
[...]
 http://www.ifso.ie/documents/gplv3-launch-2006-01-16.html
 
 --
 This would not be a presentation about the GPL by me if emphasis was not
 placed on what you see before you now. This license is
 
 Not a Contract.
 
 You are not required to accept this License in order to receive a copy
 of the Program.
 
 We have not argued now, nor will we, nor can anyone argue, who reads the
 text of the language, that the receipt of the code is some quid-pro-quo
 for the acceptance of some terms. If you are existing in a legal system
 in which that wasn't what made it a contract, then ...go with God, but
 arguments based on the contractual exchange of the code for promises of
 compliance have nothing to do with us. We give permissions here and the
 enforcement weight of our license lies in the fact that you have no
 permission to propagate, that is, you have no permission to do what
 copyright law requires permission to do, but through this license.
 That's our legal theory and we are sticking to it.
 --

On another forum, I've posted a link to 

emoglen.law.columbia.edu/research-agenda.html

as an example of Moglen's talent in bullshit rap:


Current research proceeds by facilitating 
high-energy collisions between widely-dispersed 
non-homogeneous randomly-motivated incremental 
acts of individual creativity and large masses 
of ill-gotten wealth. 


I've also asked if anyone ever saw a computer program written by Eben


I am a historian and a computer programmer,


(nodody replied thus far).

Finally, I suggested that someone must tell Eben that he got a broken 
link to Manifesto of the Communist Party. 


See Moglen, The DotCommunist Manifesto[link] (2003). See and hear 
Moglen, The DotCommunist Manifesto: How Culture Became Property and 
What We're Going to Do About It[link] (University of North Carolina, 
Chapel Hill, November 8, 2001). See also Crane Brinton, The Anatomy 
of Revolution (New York, Prentice-Hall: 1952) (mult. repr.) (unfree); 
Barrington Moore, Jr., Social Origins of Dictatorship and Democracy; 
Lord and Peasant in the Making of the Modern World (Boston, Beacon 
Press: 1966) (mult. repr.) (unfree); Karl Marx  Friedrich Engels, 
Manifesto of the Communist Party[BROKEN link], (English ed. London, 
1888) (Engels ed.) (mult. repr.) (mult. trans.).


daydone commented:


Now Alex let's not rag on Eben's qualities. It is well known that 
Eben has impeccable credentials and legal judgement. His wisdom is 
spread far and wide. Ever free software advocate in the United 
States accepts what Eben says as gospel truth:

Licenses are not contracts: the work's user is obliged to remain 
within the bounds of the license not because she voluntarily 
promised, but because she doesn't have any right to act at all 
except as the license permits.

http://www.gnu.org/philosophy/enforcing-gpl.html

Even Groklaw's PJ knows this to be a fact:

The GPL is a License, Not a Contract, Which is Why the Sky Isn't 
Falling

http://www.groklaw.net/article.php?story=20031214210634851

Only a small, irrelevent segment of the U.S. population doesn't 
know this. . . the entire federal judiciary and the professional 
lawyers hired to defend the F.S.F.

Perhaps with Eben's charm they'll come to see things his way. . . 
I guess one can always hope.


regards,
alexander.
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Re: Intellectual Property II

2006-02-16 Thread Alexander Terekhov

 http://www.ifso.ie/documents/gplv3-launch-2006-01-16.html


Because the deterrent effect of denying the right to have and use and
distribute free software is not enough in and of itself to break most
patent aggression schemes. Where we have satisfied ourself that narrow
targeted patent retaliation may have true deterrent affect, we have
however incorporated it into the license as part of a general attempt to
do everything we can about the patent problem. Here we believe that one
narrow form of retaliation may actually have meaningful effect, so this
license gives unlimited permission to privately modify and run the
program provided that you do not bring suit for patent infringement
against anyone for making, using, or distributing, their works based on
the program. And as Richard has already told you, we believe the
operative effect of this clause would be to deny continued opportunity
to maintain privately modified versions on the part of any party who
seeks to use its patent claims to prevent similar or equivalent
modifications from being made by others. In this very narrow field we
think retaliation may actually deter aggression and we wish therefore to
include it.

Please note also the way in which the next paragraph makes use of our
copyright-culture-free notation scheme.

Propagation of covered works is permitted without limitation provided
it does not enable parties other than you to make or receive copies.
Propagation which does enable them to do so is permitted, as
'distribution', under the conditions of sections 4-6 below.

So let us, just for a moment, attend to the question of non-US statutory
copyright schemes under the new license.
-

Hey GNUtians (folk at gnu.misc.discuss), would you please buy your crazy
Prof. a new glasses and let him take a brief look at Sections 109 and
117 in the US statutory copyright scheme.

Thank you in advance. 

regards,
alexander.
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Re: GPL and other licences

2006-02-16 Thread Alfred M\. Szmidt
   What about permission to read my letters don't you understand?
   You are being singularly disingenuous.

What part of `permission to access the CD' do _you_ not understand?


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Eben was absent that day in law school

2006-02-16 Thread Alexander Terekhov
http://www.ifso.ie/documents/gplv3-launch-2006-01-16.html#em-warranty

-
The warranty exclusions that were in GPL2 have not been changed saving
one way: I took them out of all uppercase.

[laughter]

I've wanted to do that for a very long time. I've wanted to do that for 
a very long time because no lawyer on Earth knows what they aren't in
mixed case and everybody seems to think that everybody else knows and 
that he's the only one that doesn't know and he was absent that day in 
law school.

Sometimes, you just gotta do what you gotta do.
-

United States Court of Appeals, Fifth Circuit:

Uniform Commercial Code ยง 2-316(2), which requires that any
exclusion or modification of the implied warranty of merchantability
be conspicuous, and that any exclusion or modification of the implied
warranty of fitness for a particular purpose be made in a conspicuous
writing. A contract's warranty disclaimer satisfies the conspicuous
requirement when it is printed in all capital letters, when it appears
in a larger type than the terms around it, or when it is in a larger
and boldface type. Likewise, a disclaimer in boldface type, printed in
all capitals on the face of the warranty above the buyer's signature
meets the definition of conspicuousness. A disclaimer is not [*25]
conspicuous, however, when it is printed in small print on the back of
the document, when it is the same size and typeface as the terms
around it, or when it is not in boldface or capital lettering.

But we all know that the GPL is a license-not-a-contract, and so UCC
and related case law simply doesn't apply.

regards,
alexander.
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Re: GPL and other licences

2006-02-16 Thread Alexander Terekhov

Alfred M. Szmidt wrote:
[...]
 (And that citation is actually from Frank Zappa, not Confucius,
 parachutes didn't exist in 500BC, and the proper citation is `A mind
 is like a parachute, it doesn't work if it is not open'.)

:-) 

Great Confucius also said: Man with an unchecked parachute will jump 
to conclusion.

regards,
alexander.
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Re: GPL and other licences

2006-02-16 Thread Alfred M\. Szmidt
   In fact, the entries I quoted refute all the assertions made by
   Alfred and yourself:

You have serious reading problems.

   1. Users of a web-based program are not covered by the GPL (and you
   who like to extrapolate should have no problem in applying that to
   people in front of a glass teletype).

Since they users of web-based programs do not have access to the
program they can't get access to the source code; direct access to the
program is a prequist to be able to accept the license at all.

   2. An organisation making copies for internal use does not
   distribute the software and can forbid its employees from
   distributing it outside the company

It cannot forbid its employess, it is explicitly prohibited by the
license.  Go read it.

   3. You cannot demand a copy of a GPLed program from the owner of a
   copy. It is the owner of a copy who decides to distribute it or not

If I have legally obtained a copy of the program, I can demand this
from the copyright holder (copyright holders are not owners, please
stop confusing property with copyright).  If the copyright holder
states that a program is GPLed, and refuses to give the source code to
people who have legally obtained the binary, then the copyright holder
can be sued for false advertisment or whatever.

   Read the FAQs again. Try and find _one_ that supports your
   interpretation. Think about what the great Confucius said: Mind
   like parachute, only works when open. :-)

You should read the FAQ, the GPL, and copyright law.

(And that citation is actually from Frank Zappa, not Confucius,
parachutes didn't exist in 500BC, and the proper citation is `A mind
is like a parachute, it doesn't work if it is not open'.)

Cheers.


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