Re: the provide, license verbs

2004-07-06 Thread Mahesh T. Pai
Sorry for the late reply. Rod Dixon, J.D., LL.M. said on Wed, Jun 09, 2004 at 06:09:00PM -0400,: private and personal use. Who would bring such a lawsuit, and how would the suit get past a motion to dismiss? How about a dictatorship? Consider a tech-savvy dissident, who modified his

RE: the provide, license verbs

2004-07-06 Thread Rod Dixon, J.D., LL.M.
the circumstances and in the manner as the hypothetical. -Original Message- From: Mahesh T. Pai [mailto:[EMAIL PROTECTED] On Behalf Of Mahesh T. Pai Sent: Tuesday, July 06, 2004 2:36 AM To: [EMAIL PROTECTED] Subject: Re: the provide, license verbs Sorry for the late reply. Rod Dixon, J.D., LL.M. said

Re: the provide, license verbs

2004-06-10 Thread Rod Dixon, J.D., LL.M.
Hmm... I would not uncritically accept the principle that no matter what a licensor says in her license, a licensee must follow the restriction because of an assumption that it is legally enforceable. The rub -- no doubt -- is that one must be careful not to ignore the terms of a license at

Re: the provide, license verbs

2004-06-10 Thread Chris F Clark
The problem is that corporations like to define their coproprate self, including all those that they hire or sub-contract from as a single entity, just like the end user you (which may by the same extension be a family all sharing one computer). Now, traditionally, companies have not tracked down

Re: the provide, license verbs

2004-06-10 Thread Chris F Clark
Sorry to follow-up to myself, but As a result, I think at some point someone will sue someone over the fact that the party being sued internally distributed software violating the suing party's license which had requirements on distribution that the party being sued did not meet. I think that

Re: the provide, license verbs

2004-06-10 Thread Rick Moen
Quoting Chris F Clark ([EMAIL PROTECTED]): The problem is that corporations like to define their coproprate self, including all those that they hire or sub-contract from as a single entity, just like the end user you (which may by the same extension be a family all sharing one computer). As

Re: the provide, license verbs

2004-06-10 Thread jcowan
Rick Moen scripsit: With rare exceptions, if you use a licence other than BSD (new or old), MIT/X, GPL, LGPL, MPL, CPL, AFL, OSL, you're probably dooming your project to gratuitous and pointless licence incompatibility with third-party codebases and ensuring that it will be

Re: the provide, license verbs - numbers

2004-06-10 Thread Alvin Oga
hi ya john On Thu, 10 Jun 2004 [EMAIL PROTECTED] wrote: Rick Moen scripsit: With rare exceptions, if you use a licence other than BSD (new or old), MIT/X, GPL, LGPL, MPL, CPL, AFL, OSL, you're probably dooming your project to gratuitous and pointless licence incompatibility

Re: the provide, license verbs

2004-06-10 Thread Rick Moen
Quoting [EMAIL PROTECTED] ([EMAIL PROTECTED]): I did a little research at Sourceforge and Freshmeat, looking at licenses (excluding the non-FLOSS ones at Sourceforge). Thanks! Interesting and worthwhile, as usual. Licenses you didn't mention: 8% Artistic or Perl

Re: the provide, license verbs (was: Dual licensing)

2004-06-09 Thread Rick Moen
Quoting Marius Amado Alves ([EMAIL PROTECTED]): Sam Barnett-Cormack wrote: The author gives me a copy of the software... Under no license? Marius, if you receive a piece of software encumbered by copyright (as essentially all useful software is), you have the implied right to use and (if

Re: the provide, license verbs (was: Dual licensing)

2004-06-09 Thread Rod Dixon, J.D., LL.M.
I essentially agree with Rick's comment, but it may be somewhat misleading. I suspect a copyright holder who issues a license would argue that the license changes everything. As such, if you are in lawful possession of software that is accompanied by a license, you are restricted to accepting

Re: the provide, license verbs (was: Dual licensing)

2004-06-09 Thread jcowan
Rod Dixon, J.D., LL.M. scripsit: I suspect a copyright holder who issues a license would argue that the license changes everything. As such, if you are in lawful possession of software that is accompanied by a license, you are restricted to accepting the terms of the license or rejecting

Re: the provide, license verbs

2004-06-09 Thread Rick Moen
Quoting Marius Amado Alves ([EMAIL PROTECTED]): I know all this. But can you give an open source software without a license? Think of it this way: There's a default licence (absent an explicit licence statement) that is implicit in copyright law. Copyright law grants to lawful recipients the

Re: the provide, license verbs

2004-06-09 Thread Stephen C. North
Think of it this way: There's a default licence (absent an explicit licence statement) that is implicit in copyright law. Copyright law grants to lawful recipients the right to compile and the right to use -- but not the right to create derivative works or

Re: the provide, license verbs (was: Dual licensing)

2004-06-09 Thread Rick Moen
Quoting Rod Dixon, J.D., LL.M. ([EMAIL PROTECTED]): I essentially agree with Rick's comment, but it may be somewhat misleading. I suspect a copyright holder who issues a license would argue that the license changes everything. As such, if you are in lawful possession of software that is

Re: the provide, license verbs

2004-06-09 Thread Rick Moen
Quoting Stephen C. North ([EMAIL PROTECTED]): Do you say the law prevents me from taking a legal copy of a copyrighted work, which is a program, and privately modifying that program for my own use? John Cowan says yes: http://linuxmafia.com/~rick/faq/modifications Dan Bernstein says no:

Re: the provide, license verbs

2004-06-09 Thread Rick Moen
Quoting [EMAIL PROTECTED] ([EMAIL PROTECTED]): Rick Moen scripsit: When you get that resolved, please let me know. Resolved how? I was looking forward to seeing Stephen C. North make the attempt -- but then, I always did have a deplorably low sense of humour. -- Cheers,

Re: the provide, license verbs

2004-06-09 Thread Stephen C. North
I was looking forward to seeing Stephen C. North make the attempt -- but then, I always did have a deplorably low sense of humour. As with most matters raised here, it's been resolved - in the imagination of the writer. This is license-discuss, not license-reality so, all's

Re: the provide, license verbs

2004-06-09 Thread Rick Moen
Quoting Stephen C. North ([EMAIL PROTECTED]): As with most matters raised here, it's been resolved - in the imagination of the writer. To be serious for a moment, I don't have a definitive answer to your question. Sorry. On a prior occasion (elsewhere) when the question came up, I referred

Re: the provide, license verbs (was: Dual licensing)

2004-06-09 Thread Sam Barnett-Cormack
On Wed, 9 Jun 2004, Rod Dixon, J.D., LL.M. wrote: I essentially agree with Rick's comment, but it may be somewhat misleading. I suspect a copyright holder who issues a license would argue that the license changes everything. As such, if you are in lawful possession of software that is

Re: the provide, license verbs

2004-06-09 Thread Rod Dixon, J.D., LL.M.
Now, that is a genuine academic argument. I am sure the issue will never be resolved to everyone's satisfaction...primarily because no one cares enough about what you do to software you lawfully possess and want to hack for private and personal use. Who would bring such a lawsuit, and how would

Re: the provide, license verbs

2004-06-09 Thread Rick Moen
Quoting Rod Dixon, J.D., LL.M. ([EMAIL PROTECTED]): Now, that is a genuine academic argument. I am sure the issue will never be resolved to everyone's satisfaction...primarily because no one cares enough about what you do to software you lawfully possess and want to hack for private and

Re: the provide, license verbs

2004-06-09 Thread No Spam
It's not entirely academic what do you with your legal copy of a program in the darkness of your room... :-) after all, what if you were legal corporation or entity, using it for your private use and making money from it? The GPL doesn't care. The QPL, reflecting Trolltech's concerns, does.

Re: the provide, license verbs

2004-06-09 Thread Rick Moen
Quoting No Spam ([EMAIL PROTECTED]): The QPL, reflecting Trolltech's concerns, does [care what you do with code in private]. Look at 4c... 4. You may distribute machine-executable forms of the Software or machine-executable forms of modified versions of the Software, provided

Re: the provide, license verbs

2004-06-09 Thread No Spam
All, esp. Rick: It depends on what you mean by distribute. If distribute here means offer or give to the public (i.e. anyone who is not you) then QPL 6c doesn't make any sense, since by definition then the item is available to the general public. If distribute here means offer to give to a

Re: the provide, license verbs

2004-06-09 Thread Rick Moen
Quoting No Spam ([EMAIL PROTECTED]): If distribute here means offer or give to the public (i.e. anyone who is not you) then QPL 6c doesn't make any sense, since by definition then the item is available to the general public. Not my reading. It seems to me to say If you distribute this