Re: Question about GPL theft

2007-04-18 Thread Bernd Jendrissek
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In article <[EMAIL PROTECTED]> John Hasler
<[EMAIL PROTECTED]> wrote:
>David Kastrup writes:
>> But that does not change that the copyright holder can ask a court to
>> stop Microsoft from distributing his software, and can claim damages
>> if he can make a plausible case for them.
>
>In the US he can collect statutory damages without proving any actual
>damages.

As long as he has registered his copyright, no?

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Re: denying rights?

2006-05-11 Thread Bernd Jendrissek
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In article <[EMAIL PROTECTED]> David Kastrup <[EMAIL PROTECTED]>
wrote:
>Basically, this is not the GPL, but a different license using the same
>words in large parts.  Maybe the FSF could demand that they call their
>license something else (but I don't know whether GPL is registered as a
>trademark), but that's about it.

The text of the GPL forbids modification, doesn't it?  Such a "GPL
except for X and Y" would be a derivative work, wouldn't it?  Does that
mean that this project is in violation of the terms of distribution of
the GPL text?

> Copyright (C) 1989, 1991 Free Software Foundation, Inc.
> 51 Franklin Street, Fifth Floor, Boston, MA  02110-1301  USA
> Everyone is permitted to copy and distribute verbatim copies
> of this license document, but changing it is not allowed.
[snip]

/me isn't sure what exactly "changing it" means...

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Re: Do I have to release the patch for a GPL software under GPL?

2006-05-05 Thread Bernd Jendrissek
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In article <[EMAIL PROTECTED]>
Dancefire <[EMAIL PROTECTED]> wrote:
>I am confusing on GPL now, I need someone to clear me.

Or maybe you're not confused, but just unhappy that it doesn't condone
your desire to take away some of your customers' freedoms.

>Do I have to release the patch under GPL if the patch is for a GPL
>software?  As my understanding, for example, If I modified Linux
>kernel, I do not have to release it under GPL if I use it privately,
>unless I make it public. But how about the patch for the kernel? That
>is, if I generate the patch of my modification for the Linux Kernel,
>and never release the modified Linux kernel to public, however, I want
>to sell the kernel patch of the Linux to customers as whatever license
>as I want, but I don?t want the patch under GPL for some reason. Can I?

Your customers will have to apply the patch themselves.  If you give
them an already patched kernel, you will have to release it to them with
the GPL (modulo BSD-type parts of the kernel) covering the *whole*
derived work, otherwise your redistribution will be in violation of the
only licence you have to redistribute, the GPL (module BSDish and public
domain parts).

IANAL BTW.

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Assignment forms?

2006-04-10 Thread Bernd Jendrissek
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Okay, I've received my assignment forms, but I'm not sure if I got the
right ones.  I checked "yes" to "is there anyone who may have a claim to
the work", since at the very least I used company equipment, and also
even company time for some of the work, so there *definitely* are
grounds to believe that my employer could have some claim to my work.
Not that that's too much of a problem, they seem to be willing to waive
their claim.

The problem is that I now have forms that look very much like individual
assignment forms; they do not address the possible claims of my employer
in any way; the FSF and I are the only parties of the proposed contract.

What do I do now - do I ask the Company Secretary to sign a copyright
waiver a la the very last few paragraphs in the ISO standard COPYING
file?  If I send the signed assignment forms and such a disclaimer
signed by my employer, will that be good enough to cover the legal
bases?

While I'm asking this... what is a "blanket assignment"?
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Re: Commercial code is better: Cedega VS Wine

2006-03-09 Thread Bernd Jendrissek
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In article <[EMAIL PROTECTED]> billwg
<[EMAIL PROTECTED]> wrote:
>Dumb ass.  You need something to generate DOC files.  That could be
>almost any WP made today, including OO.  The broadband comment is
>totally looney, too.

At least there *is* Free Software that can read proprietary file formats
like .doc.  Windows can't even read ELF or xpm's at all, which are as
well-documented and easy to interpret as you're likely to get.

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Re: "Preferred form for making modifications"

2006-02-28 Thread Bernd Jendrissek
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In article <[EMAIL PROTECTED]> Stefaan A Eeckels
<[EMAIL PROTECTED]> wrote:
>There can only be what the copyright holder decides the "source" code
>to be. If there's nothing left but the binary, then obviously the GPL
>makes little sense; any license that permits distribution of the
>program would be equally effective.

I'm not aware of any other licences that prohibit further restrictions
on downstream recipients.  As a more or less kind-hearted head of an
otherwise evil empire, you might be willing to give away your
abandonware, but unwilling to allow others to turn your product back
into a proprietary mini-monopoly.

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Re: "Preferred form for making modifications"

2006-02-28 Thread Bernd Jendrissek
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In article <[EMAIL PROTECTED]> Rui
Miguel Silva Seabra <[EMAIL PROTECTED]> wrote:
>Maybe, but since there's no source code, there's little value in using
>the GPL, and if it was used, a distributor could find himself in
>infringement since he could not comply with the source related parts.

That's very interesting.  What exactly does "source" or "preferred form
for making modifications" mean in this context?  Is it whatever the
copyright holder decrees it to be (the binary itself in this case), or
is there some absolute standard for what "source" is, related to the
form in which the program was *originally* written?

GPLv2 Section 3 states:
>The source code for a work means the preferred form of the work for
>making modifications to it.  For an executable work, complete source
>code means all the source code for all modules it contains, plus any
>associated interface definition files, plus the scripts used to control
>compilation and installation of the executable.

So... is "preferred form" referred to the *original* author, or to the
immediately upstream provider?  Thinking of binary-only redistribution
as similar to reimplementation in INTERCAL seems to work for me: you'd
be redistributing a *derived* work, and you only need to provide the
source code for the *derived* work, not the original.  Yes?  No?  Three
bags full?
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Re: "Preferred form for making modifications"

2006-02-22 Thread Bernd Jendrissek
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In article <[EMAIL PROTECTED]> Rui
Miguel Silva Seabra <[EMAIL PROTECTED]> wrote:
>On Tue, 2006-02-21 at 11:32 +, Bernd Jendrissek wrote:
>> The reason I wonder is that there is still an awful lot of old
>> software floating around that is still useful to some people, and for
>> all I know the source code may be lost forever.  Supposing the
>> copyright holder can be tracked down, and is willing to cooperate, is
>> it conceivably possible to get all this stuff released under the GPL?
>
>And this is probably why the reasoning is a moot point.

???

>Can any of those programs actually do anything useful? Run at least?

My job requires me to work with TopSpeed C 3.10 which says Copyright
1992 when it starts up.  It's very useful for what we do with it:
building programs that run on a PC-104 80386 host in real mode.

AFAICT the current copyright holder seems to be Clarion but they only
sketchily even mention TopSpeed C in their history page.  I have no idea
if they'd want to GPL the thing but that's what made me wonder.

>Don't run if you can't walk it's better to just use public domain, I
>guess.

John Hasler made a similar point about using the MIT licence.  That
might not suit the copyright holder's whim; they might actually like the
"viral" nature of the GPL, even for binary-only abandonware.  They might
*like* the fact that licensees can't legally prevent further
redistribution of an improved version they derived.  Translations should
be easy enough to do, for example.
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"Preferred form for making modifications"

2006-02-21 Thread Bernd Jendrissek
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(Or however the GPL defines "source code".)

Suppose I want to release some software but I either don't want to or
cannot (my house burned down 10 years ago and I lost the source
scenario) release source code for it.

Is it still possible for (legal) recipients of my software to
redistribute (potentially hex-hacked) copies under the GPL I grant them?

My first instinct (and IANAL so it's most likely wrong; please tell me
exactly how and why if so) is that it would be okay, because I would be
the copyright holder and hence I get to define what the "preferred form"
for modification is for licensees.  That I might have or might once have
had a more convenient form is my private matter.  Or is it?

The reason I wonder is that there is still an awful lot of old software
floating around that is still useful to some people, and for all I know
the source code may be lost forever.  Supposing the copyright holder can
be tracked down, and is willing to cooperate, is it conceivably possible
to get all this stuff released under the GPL?

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Re: GPL and other licences

2006-02-14 Thread Bernd Jendrissek
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In article <[EMAIL PROTECTED]> Alexander Terekhov
<[EMAIL PROTECTED]> wrote:
>Bernd Jendrissek wrote:
>> employee's own machine, I wonder if that might require a pro forma
>> redistribution (into RAM) of an incidental copy, in which case the
>> employee *would* be redistributing (to hirself) *as an agent* of hir
>
>Hey GnuPGP junkie,

Hey Armenian Thanksgiving Turkey,

>"redistribution (into RAM)" is covered by 17 USC 117 (and equivalent
>"Limitations on exclusive rights: Computer programs" copyright
>provisions in all WIPO nations). It doesn't need a license.

I didn't say it did.

Do you need a licence for any copies you may make subsequent to putting
one into RAM for running?  Would I need a licence to make a legal copy
of 'cp' if 'cp /proc/self/mem /tmp/newcp' actually did something useful?

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Re: GPL and other licences

2006-02-14 Thread Bernd Jendrissek
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In article <[EMAIL PROTECTED]>
"Alfred M\. Szmidt" <[EMAIL PROTECTED]> wrote:
>The employer cannot say that I am not allowed to do so, since that
>would violate the license.

The employer may not legally redistribute *and* then also require the
recipients to do foo and bar and not to do x and y.

But: it doesn't seem entirely clear that an employer giving an employee
a CD with which to do some work is, in fact, redistributing.  I the work
is to be done on machines owned by the employer, I suppose that is
definitely *not* redistribution.  OTOH if the work is to be done on the
employee's own machine, I wonder if that might require a pro forma
redistribution (into RAM) of an incidental copy, in which case the
employee *would* be redistributing (to hirself) *as an agent* of hir
employer.  Once sie has that copy, sie can do as sie pleases since the
employer has no right to impose further restrictions.  Or maybe not
(IANAL).

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Re: GPL and other licences

2006-02-13 Thread Bernd Jendrissek
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In article <[EMAIL PROTECTED]> Alexander Terekhov
<[EMAIL PROTECTED]> wrote:
>Bernd Jendrissek wrote:
>> In article <[EMAIL PROTECTED]> Alexander Terekhov
>> <[EMAIL PROTECTED]> wrote:
>> >You seem to misunderstand. The resulting overall program containing
>> >independent works for all its components is indeed "still just a
>> >compilation". But it now contains a derivative program (among other
>> >computer program works) -- a derivative set of instructions to
>> >eliminate FSF.
>> 
>> So all compilations of independent works are also derivative works in
>> their own right?  Is that what you are saying?
>
>Not at all. An independently created compilation is never a derivative
>work.

So really it was just a poor example you made up?

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Re: GPL and other licences

2006-02-13 Thread Bernd Jendrissek
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In article <[EMAIL PROTECTED]> Alexander Terekhov
<[EMAIL PROTECTED]> wrote:
>You seem to misunderstand. The resulting overall program containing
>independent works for all its components is indeed "still just a
>compilation". But it now contains a derivative program (among other
>computer program works) -- a derivative set of instructions to
>eliminate FSF.

So all compilations of independent works are also derivative works in
their own right?  Is that what you are saying?

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Re: GPL and other licences

2006-02-13 Thread Bernd Jendrissek
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In article <[EMAIL PROTECTED]> David Kastrup <[EMAIL PROTECTED]>
wrote:
>The GPL can only give the owner of a copy rights.

What if I, as a homeless vagrant scouring the city dump for cool stuff,
some across a three-year-old CD with a bunch of GNU packages on it?

I assume such a copy is legally acquired, even if the CD might have
originally been stolen by a burglar only to be discarded later.

The copyright holder is still the FSF, and it is only the FSF which can
grant me a licence to certain uses of the copy I have.

If I am instructed by my employer to use some piece of GPLed software on
my home PC (I wonder if such an instruction is lawful - probably), then
using the software necessarily entails making an incidental copy that
resides on my own hard disk and in my RAM, perhaps even on my (personal)
USB flash disk.

Is this incidental copy sufficient to trigger a unilateral grant of the
GPL from the copyright holder to me?  I am, after all, the legal owner
of that (incidental but nevertheless real) copy.  Right?  Wrong?  WTH???

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Re: GPL and other licences

2006-02-10 Thread Bernd Jendrissek
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In article <[EMAIL PROTECTED]> Alexander Terekhov
<[EMAIL PROTECTED]> wrote:
>Original:
>
>  unsigned explosive_power = 0;
>  while (still_not_eliminated("FSF"))
>send_a_bomb("FSF", explosive_power += 10/*kiloton*/); 
>
>Derivative:
>
>  unsigned explosive_power = 0;
>  while (still_not_eliminated("FSF")) {
>fork(); 
>send_a_bomb("FSF", max((explosive_power += 10) + random(), 
> 666)/*kiloton*/);
>  }


No, that's still just a compilation.  All that's changed is that you've
aggregated the original with the independent works "fork();\n", "max((",
and ") + random(), 666)".

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Re: GPL and other licences

2006-02-09 Thread Bernd Jendrissek
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In article <[EMAIL PROTECTED]> Stefaan A Eeckels
<[EMAIL PROTECTED]> wrote:
>Actually, as far as I understand it, you would be the only person in
>trouble. The company might have a pre-release of David's GPLed
>software, but this does not give you, their employee, the right to copy
>and distribute it. The fact that the software is licensed to the
>company under the GPL does not mean that it is licensed to you under
>the GPL, and hence you would be in the dock for theft (of the CD, and
>the software).

The company would be vicariously responsible for the actions of its
agent, no?

That responsibility would either include liability to David the
copyright holder, or it would not.

If liability to David arises, the licence was obviously not an
unencumbered GPL, since GPL gives the company exactly the rights which
the employee exercised.  If David imposed an NDA or other restriction,
surely that preempts the GPL (but only because he as copyright holder is
free to distribute under any conditions he wishes)?

If the company did receive the software under an unencumbered GPL, are
there any other vicarious liabilities that may arise?  I suppose there
could be, if the software embodies "Born Secret" (pretend for a moment
it is constitutional) or is libelous, for example.  I don't see this as
having anything to do with the GPL though, although I seems to me that
the GPL does address this possibility (see part of section 7 below (*)).

Other than that I fail to see how the employee can get into any trouble
other than insuburdination, which is a matter between employer and
employee only.  If David doesn't want employees distributing his
software before he wants it distributed, I'm sure he's smart enough not
to distribute it under the (unencumbered) GPL in the first place!

(*) Part of GPLv2 section 7:

  7. If, as a consequence of a court judgment or allegation of patent
infringement or for any other reason (not limited to patent issues),
conditions are imposed on you (whether by court order, agreement or
otherwise) that contradict the conditions of this License, they do not
excuse you from the conditions of this License.  If you cannot
distribute so as to satisfy simultaneously your obligations under this
License and any other pertinent obligations, then as a consequence you
may not distribute the Program at all.  ...

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SA government should encourage sharing tech and ideas, not hoarding

2006-01-20 Thread Bernd Jendrissek
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http://www.cbn.co.za/dailynews.php?id=1152
> A common problem experienced by capital seekers is that many funds
> will only consider a business that has intellectual property such as
> patents. "This is especially frustrating," says de Waal, "because a
> great business concept based on existing technology could be rejected
> in favour of a shakier proposition having proprietary intellectual
> property. In any event, a patent is only ever worth anything if you
> also have the means to defend it."

I thought the SA government liked free software (they seem to prefer to
talk about "open source" which IMHO is an ideological oversight), so the
patent "requirement" alone should concern it.

As far as I understand it, the government's social mandate is to improve
the wellfare of *all* the country's citizens, not just that of
individual companies.  This mandate would be better served by seeking to
maximize *consumer* surplus, not *producer* surplus.

Especially in a developing economy with only a small stockpile of its
own patents, it seems to me that having a strong patent culture can only
be disruptive to the innovation that's required to develop a country.

I don't have any links handy (volunteers, anyone?) but I heard the
Indian government specifically excluded software (algorithms?) from
patentability precisely so that India's burgeoning software industry can
go crazy and take over the world.

- -- 
You can't truly consider yourself a mad scientist until you have seriously
considered transmutation of base metals into gold.  (By neutron bombardment,
of course.) - me
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Re: Including GPL and LGPL'ed software in a solution

2005-12-19 Thread Bernd Jendrissek
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In article <[EMAIL PROTECTED]> Alexander Terekhov
<[EMAIL PROTECTED]> wrote:
> The MySQL Protocol is proprietary.
[...]
> Because this is a GPL protocol, [...]

Make up your mind.

- -- 
"IBM has more patent litigation lawyers than SCO has employees." - unknown
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Re: Protecting developer benefits in an open source project

2005-11-11 Thread Bernd Jendrissek
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In article <[EMAIL PROTECTED]>
[EMAIL PROTECTED] wrote:
>How could the original founder of an open source project, protect and
>keep his project as his own, and prevent other external factors ( a
>company or group of developers) from getting his source, invest a lot
>of money on the base project, start their own businness out of it, and
>leave the original developer out of the way?

Said founder could find a way to out-develop said evil company.  Better
yet, said founder could celebrate that somebody else is incurring the
cost of maintaining said project.

>It may well happen that, a promising open source project is abandoned
>due to the fact that some company just has enough money to raise the
>leverage on the project and claim his own *branch*, make it effectively
>better than the original *base* and attract all open source developers
>to this branch, who would otherwise continue developing on the *base*.

So either out-develop that branch, or let go of the egotistic belief in
the moral superiority of the "base" and take advantage of all this work
being done by others, even if you no longer have ultimate authority over
the project.  It isn't as if GCC is spontaneously going to turn into a
window manager, is it?

>A second issue is, how could copyrights prevent this problem, if at
>all?

Is it a problem?

>Would it be unethical, or inappropriate to say, "this project is mine,
>and no entity can start a project with the same purpose, using my
>sources", at least temporarily until the project gets enough leverage
>that no external factor can interfere?

Please define "interfere", making clear if necessary, why it is harmful,
and to whom.

Nobody forces you to release a work whose copyright you own.  Keep your
trade secret... secret.

>Perhaps even doing so, since your sources are publicly accessed, one
>could easily grasp your novel idea and rewrite it from scratch, having
>had the financial resources that you don't, and "raise above the water
>like olive oil" (is what Turks say for this).

There are few truly novel ideas.

Why rewrite your "idea" from scratch if your sources are publicly
available (and presumably Free Software, considering this thread is in
gnu.misc.discuss)?  If the sources are complete enough to embody the
idea of the solution to be gleaned and reimplemented, then I suspect
your sources are close enough to completion that rewriting from scratch
would be a sunk cost.  Why bother incurring it?

If you're concerned about proprietary reimplementation, well, I guess
you have a marketing problem: convincing people that your FREE solution
provides them with more value than somebody else's PROPRIETARY solution.
It's amazing how many people metaphorically prefer to buy a car with the
hood welded shut, rather than taking a gratis one with a hinged hood.

If your idea really is so novel, maybe you can find money yourself.

>Or maybe this is the fact of life, and projects should continue by
>tough, natural selection?  Maybe if it's a really novel idea, get
>patents for it, not to put it as an obstacle to others but just to be
>in control of what you've started.  How does/should it work?

It "should" work like this: non-free (speech) information doesn't exist.
Then you wouldn't have to be concerned about piracy.
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Re: Dating a Dirty No-Good Slut

2005-03-10 Thread Bernd Jendrissek
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Crossposting to gnu.misc.discuss, and alt.psychology.nlp since I think
this is WAY more topical there than the spam that infests g.m.d and the
trainer wars that infest a.p.n now.

In article <[EMAIL PROTECTED]>
Michaela wrote:
>MCMLXVI wrote:
>> There are few things that wound my heart more than a person who
>> firmly believes that s/he has a dearth of options.
>
>To me our very belief in scarcity is what creates that scarcity in the
>first place. And that's arguably why we seem to have such a problem
>with self-help authors.  Perhaps we don't believe they should be
>charging for their services for some reason. But I disagree. They have
>a skill/talent and need to be rewarded for sharing it as much as anyone
>else!

It's not *their* responsibility to give their help for free; that is
*ours* to fight the laws that prohibit people from helping and sharing
each other, just because somebody else wrote some words on a piece of
paper.  (I'm referring to Copyright - by no means a "natural" right.)

*Does* any "author" (*) "need" to be rewarded?  (Presupposition alert.)

Why do all those epic works of classical music exist?  Their composers
weren't rewarded via copywrong...

(*) The idea of the "romantic" or "heroic" author is a recent one - in
reality almost all copyrightable works are derived from a vastly greater
intellectual commons.  Standing on the shoulders of giants and all
that...

- -- 
There is a lot of food in a supermarket, too, but a supermarket isn't
the best place to hold a dinner party. -- Christopher Faylor
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