Re: [License-discuss] License incompatibility (was Re: Open source license chooser choosealicense.com

2013-09-14 Thread John Cowan
Lawrence Rosen scripsit: In any case, I am speaking here of literal copying only. In that case, what's the problem you're hypothesizing? Every FOSS license permits literal copying, and no FOSS license imposes a copyleft obligation on any *other* work just because of making literal copies

Re: [License-discuss] License incompatibility (was Re: Open source license chooser choosealicense.com

2013-09-12 Thread Till Jaeger
Therefore, my understanding of the directive is that software, that is independently created and exchanges information with other software through an interface, is independent software and not a derivative work. This is also my own understanding. But it means that linking software for

Re: [License-discuss] License incompatibility (was Re: Open source license chooser choosealicense.com

2013-09-12 Thread John Cowan
Lawrence Rosen scripsit: They will refer you to the confusing abstraction-filtration-comparison tests that are used in the U.S. courts to distinguish functional from expressive content. Some U.S. courts. What is more, the AFC test sounds good in theory, but is decidedly hard to apply in

Re: [License-discuss] License incompatibility (was Re: Open source license chooser choosealicense.com

2013-09-12 Thread Lawrence Rosen
- From: John Cowan [mailto:co...@mercury.ccil.org] Sent: Thursday, September 12, 2013 12:27 PM To: lro...@rosenlaw.com; license-discuss@opensource.org Subject: Re: [License-discuss] License incompatibility (was Re: Open source license chooser choosealicense.com Lawrence Rosen scripsit

Re: [License-discuss] License incompatibility (was Re: Open source license chooser choosealicense.com

2013-09-11 Thread Patrice-Emmanuel Schmitz
Dear Till Thank you for this - excellent - analysis. You wrote: The only hint you may find is Article 6 which says that decompilation is allowed under certain circumstances to achieve the interoperability of an independently created computer program with other programs. Written in 1991, the

Re: [License-discuss] License incompatibility (was Re: Open source license chooser choosealicense.com

2013-09-11 Thread Lawrence Rosen
Jaeger [mailto:jae...@jbb.de] Sent: Tuesday, September 10, 2013 10:25 AM To: license-discuss@opensource.org Cc: Bradley M. Kuhn; Lawrence Rosen Subject: Re: [License-discuss] License incompatibility (was Re: Open source license chooser choosealicense.com Dear list, Bradley and Larry have asked me

Re: [License-discuss] License incompatibility (was Re: Open source license chooser choosealicense.com

2013-09-11 Thread Luis Villa
On Tue, Sep 10, 2013 at 10:41 AM, Bradley M. Kuhn bk...@ebb.org wrote: As I mentioned in a private thread, I didn't really see the need to burn Till's time posting here, since the discussion was a side-issue on the main thread about license compatibility, and an OSI director had already said

Re: [License-discuss] License incompatibility (was Re: Open source license chooser choosealicense.com

2013-09-11 Thread John Cowan
Lawrence Rosen scripsit: Does the distribution of a GPL-licensed work along with those separate works convert them into something not separate in the copyright sense? Does a staple or a paper clip or a book binding convert separate works to something not separate in the copyright sense?

Re: [License-discuss] License incompatibility (was Re: Open source license chooser choosealicense.com

2013-09-11 Thread Lawrence Rosen
by the court for filing a frivolous lawsuit. /Larry -Original Message- From: John Cowan [mailto:co...@mercury.ccil.org] Sent: Wednesday, September 11, 2013 2:05 PM To: lro...@rosenlaw.com; license-discuss@opensource.org Subject: Re: [License-discuss] License incompatibility (was Re: Open

Re: [License-discuss] License incompatibility (was Re: Open source license chooser choosealicense.com

2013-09-11 Thread John Cowan
Lawrence Rosen scripsit: I would guess that Bob's adding a bunch of calls to syslog() into Alice's work might create a derivative work of Alice's work, but that wouldn't convert syslog() itself a derivative work owned by either Alice or Bob, even if Bob statically linked it with Alice's

Re: [License-discuss] License incompatibility (was Re: Open source license chooser choosealicense.com

2013-09-11 Thread Lawrence Rosen
prettier. /Larry -Original Message- From: John Cowan [mailto:co...@mercury.ccil.org] Sent: Wednesday, September 11, 2013 6:20 PM To: lro...@rosenlaw.com; license-discuss@opensource.org Subject: Re: [License-discuss] License incompatibility (was Re: Open source license chooser choosealicense.com

Re: [License-discuss] License incompatibility (was Re: Open source license chooser choosealicense.com

2013-09-10 Thread Bradley M. Kuhn
Till Jaeger wrote: Bradley and Larry have asked me to share my view as a European lawyer on the To be abundantly clear, it was wholly Larry's request to Till, so Larry deserves all the credit here for eliciting this wonderful and informative contribution to this list from Till! As I mentioned

Re: [License-discuss] License incompatibility (was Re: Open source license chooser choosealicense.com

2013-09-10 Thread Till Jaeger
Dear list, Bradley and Larry have asked me to share my view as a European lawyer on the question if linking of software components (necessarily) results in a derivative work as understood by the GPL. In a nutshell, my thoughts are the following (a more comprehensive overview can be found at

Re: [License-discuss] License incompatibility (was Re: Open source license chooser choosealicense.com

2013-09-10 Thread Gwyn Murray
Hi Til: Thanks very much for this thoughtful analysis. Are you planning to post to the ftf list as well? G. On Sep 10, 2013, at 10:24 AM, Till Jaeger jae...@jbb.de wrote: Dear list, Bradley and Larry have asked me to share my view as a European lawyer on the question if linking of

Re: [License-discuss] License incompatibility (was Re: Open source license chooser choosealicense.com) launched.

2013-09-05 Thread Rick Moen
Quoting Bradley M. Kuhn (bk...@ebb.org): Rick, I've tried to reply at length below on the issue of license (in)compatibility. The below is probably the most I've ever written on the subject, but it's in some ways a summary of items that discussed regularly among various Free Software

Re: [License-discuss] License incompatibility (was Re: Open source license chooser choosealicense.com) launched.

2013-09-02 Thread Al Foxone
On Mon, Sep 2, 2013 at 4:16 AM, John Cowan co...@mercury.ccil.org wrote: Al Foxone scripsit: I doubt that Red Hat’s own End User License Agreement is 'compatible' (according to you) with the GPL'd components in that combined work as whole. Anyway, that combined work as a whole must be full

Re: [License-discuss] License incompatibility (was Re: Open source license chooser choosealicense.com) launched.

2013-09-01 Thread Al Foxone
On Thu, Aug 29, 2013 at 3:51 PM, Bradley M. Kuhn bk...@ebb.org wrote: I'd suspect everyone to agree that you must meet the redistribution requirements of all copyright licenses for a given work to have permission to redistribute. Thus, license compatibility *exists* as a concept because if

Re: [License-discuss] License incompatibility (was Re: Open source license chooser choosealicense.com) launched.

2013-09-01 Thread John Cowan
Al Foxone scripsit: I doubt that Red Hat’s own End User License Agreement is 'compatible' (according to you) with the GPL'd components in that combined work as whole. Anyway, that combined work as a whole must be full of proclaimed 'incompatibly' licensed components (once again according to

[License-discuss] License incompatibility (was Re: Open source license chooser choosealicense.com) launched.

2013-08-29 Thread Bradley M. Kuhn
Rick, I've tried to reply at length below on the issue of license (in)compatibility. The below is probably the most I've ever written on the subject, but it's in some ways a summary of items that discussed regularly among various Free Software licensing theorist for the past decade, particularly

[License-discuss] License incompatibility (was Re: Open source license chooser choosealicense.com launched.)

2013-08-28 Thread Bradley M. Kuhn
Lawrence Rosen wrote at 17:00 (EDT) on Tuesday: I asked for practical examples. You cited none. In the world of copyrights or most logical pursuits, absence of evidence isn't evidence. License compatibility issues come up regularly on lots of bug tickets and threads about licensing on lots of

Re: [License-discuss] License incompatibility (was Re: Open source license chooser choosealicense.com launched.)

2013-08-28 Thread Patrice-Emmanuel Schmitz
Till Jaeger answer to the question What is a derivative work? is (on slide 4): I dont know (and probably nobody else) ! I do agree with him as long there is no case law, but my personal feeling (which as no value as case law !) is that the Court of Justice of the European Union would *not* follow

Re: [License-discuss] License incompatibility (was Re: Open source license chooser choosealicense.com launched.)

2013-08-28 Thread Richard Fontana
On Wed, Aug 28, 2013 at 10:59:43AM -0400, Bradley M. Kuhn wrote: The GPL has always tried to go as far as copyright would allow to mandate software freedom. That's what Michael Meeks (and/or Jeremy Allison -- I heard them both use this phrase within a few weeks of each other and not sure who

Re: [License-discuss] License incompatibility (was Re: Open source license chooser choosealicense.com launched.)

2013-08-28 Thread Lawrence Rosen
-Original Message- From: Bradley M. Kuhn [mailto:bk...@ebb.org] Sent: Wednesday, August 28, 2013 8:00 AM To: license-discuss@opensource.org Subject: [License-discuss] License incompatibility (was Re: Open source license chooser choosealicense.com launched.) Lawrence Rosen wrote at 17

Re: [License-discuss] License incompatibility (was Re: Open source license chooser choosealicense.com launched.)

2013-08-28 Thread Al Foxone
I also believe that incompatibility is a myth. Here's excellent paper: http://www.btlj.org/data/articles/21_04_04.pdf DANGEROUS LIAISONS—SOFTWARE COMBINATIONS AS DERIVATIVE WORKS? DISTRIBUTION,INSTALLATION, AND EXECUTION OF LINKED PROGRAMS UNDER COPYRIGHT LAW, COMMERCIAL LICENSES, AND THE GPL

Re: [License-discuss] License incompatibility (was Re: Open source license chooser choosealicense.com launched.)

2013-08-28 Thread Bradley M. Kuhn
Larry, it seems that you responded to my point that calling the GPL by the name 'infection' is a slur that spreads needless discord with (paraphrased) it's not the GPL; it's the work that *you*, Bradley, and others have done enforcing the GPL that's an infection on our community. This doesn't