Re: Overview of copyright issues

2009-09-21 Thread Trevor Daniels


Graham Percival wrote Sunday, September 20, 2009 8:26 PM


I was confused because Joseph keeps on talking about wanting to
copy code from the documentation, and Trevor Daniels recently
said you know what?  you guys are nutters.  Do whatever you want
with my stuff, now shut up and do work.

... ok, he didn't say that.  But it would have been awesome if he
*had* said that.


Not quite my style, but it does clarify my meaning ;)

For example, we seem to have lost Joseph's really
promising work to document contemporary music.

Trevor



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Re: Overview of copyright issues

2009-09-21 Thread Joseph Wakeling
Trevor Daniels wrote:
 For example, we seem to have lost Joseph's really
 promising work to document contemporary music.

Not lost. :-)  Actually, the delay came at least in part because I was
looking through problems of functionality related to my docs.  I'll post
about this on -user.


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Re: Overview of copyright issues

2009-09-20 Thread Graham Percival
On Sat, Sep 19, 2009 at 07:45:46PM +0100, Anthony W. Youngman wrote:
 In message 1253377160.11679.1824.ca...@localhost, John Mandereau  
 john.mander...@gmail.com writes
 On the opposite, note that snippets from LSR are public domain, not FDL.

 Aarrgghh.

 The snippets are  [insert incorrect information here]

Ahh, sweet irony.  :)

Cheers,
- Graham


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Re: Overview of copyright issues

2009-09-20 Thread Matthias Kilian
On Sat, Sep 19, 2009 at 11:28:11PM +0100, Anthony W. Youngman wrote:
 The snippets are taken from the LSR and a condition of submission to the
 LSR is that you consign your work to the public domain (and that you
 have the right to do so).  I know, because I submitted a couple of
 snippets to the LSR and they later made it into the Lilypond docs'
 selection of snippets.
 
 What happens if you're German :-)
 
 (I don't know, but there's been a fair bit of discussion, on and off, on 
 debian legal as to whether it is even *possible* for some people to 
 consign their work to the public domain - the *law* apparently says they 
 *can't*)

public domain in germany (and maybe other european countries)
doesn't exist in the sense that an author can't drop authorship and
decline all responsibility for his work.

Ciao,
Kili


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Re: Overview of copyright issues

2009-09-20 Thread Travis Briggs
Similarly, the validity of This work is released by me, the author,
into the public domain in the US is under debate, because US law
allows authors to retain the right to redact licenses to their
copyright works. There is an argument that the moment you put
something in the PD, you lose the redaction right. There is also an
argument that the redaction right cannot be waived.

So really, it is impossible as Valentin points out. But in practice,
there is clear intent when you say public domain and I doubt any
judge would rule against someone who used such a work.

-Travis

On Sun, Sep 20, 2009 at 4:36 AM, Matthias Kilian k...@outback.escape.de wrote:
 On Sat, Sep 19, 2009 at 11:28:11PM +0100, Anthony W. Youngman wrote:
 The snippets are taken from the LSR and a condition of submission to the
 LSR is that you consign your work to the public domain (and that you
 have the right to do so).  I know, because I submitted a couple of
 snippets to the LSR and they later made it into the Lilypond docs'
 selection of snippets.

 What happens if you're German :-)

 (I don't know, but there's been a fair bit of discussion, on and off, on
 debian legal as to whether it is even *possible* for some people to
 consign their work to the public domain - the *law* apparently says they
 *can't*)

 public domain in germany (and maybe other european countries)
 doesn't exist in the sense that an author can't drop authorship and
 decline all responsibility for his work.

 Ciao,
        Kili


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Re: Overview of copyright issues

2009-09-20 Thread Graham Percival
On Sat, Sep 19, 2009 at 09:19:35PM +0200, John Mandereau wrote:
 Le samedi 19 septembre 2009 à 18:34 +0100, Graham Percival a écrit : 
  I'd rather not keep track of individual licenses in the source
  tree.  Since he's stated that his work is in public domain,
  there'd be no problems with people extracting it for any CC stuff.
  ... err wait, are we talking about Trevor Daniels, or Trevor Baca?
 
 Bloody mao, we're talking about the autor of cary.ly :-)

I was confused because Joseph keeps on talking about wanting to
copy code from the documentation, and Trevor Daniels recently
said you know what?  you guys are nutters.  Do whatever you want
with my stuff, now shut up and do work.

... ok, he didn't say that.  But it would have been awesome if he
*had* said that.

  HOWEVER, I'm quite willing to re-open the debate about licenses or
  relicensing or whatever -- as long as it's done at a convenient
  time.  Right now is not convenient.
 
 Sure, so right now isn't convenient either to remove cary.ly and other
 so-said problematic files.

I'm fine for replacing cary.ly as soon as somebody makes a
replacement.  Should take about 15 minutes, which makes this Yet
More Job Wherein We Spent Longer Talking About It Than It Would
Take To Actually Do It (tm).

... of course, has anybody actually asked Trevor Baca if he'd be
willing to put those two bars under the FDL?  If he _was_ willing,
it could save much gnashing of teeth.


As for input/, that's waiting for the new website and build
system to be read.  And _that's_ on hold while I deal with GUB
during university hours, and deal with this copyright garbage in
non-university hours.

  where the most restrictive search pattern selects the license.
 
 We already stamp each snippet in Documentation/snippets public domain,
 and state it at the beginning of Snippets document, so it shows up in
 PDF, Info and HTML.  We could protect the first page of the document
 under FDL, but would that make any sense?

Good point; I'll dump something to that effect in snippets.tely.

Cheers,
- Graham


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Re: Overview of copyright issues

2009-09-20 Thread Graham Percival
On Sat, Sep 19, 2009 at 06:23:06PM +0200, Joseph Wakeling wrote:
 Graham Percival wrote:
  This is fixed on the new website.
  But not on the current one, which is still live ... :-)
  
  Patches accepted.
 
 I'll see what I can do.  (Depending on the timeline for launch of the
 new site.  Not much point patching the current one if you're going to
 launch the new one in a couple of weeks' time.)

I'm glad you see it my way.


 OK, well.  Perhaps I should say 'credit on a per-file basis' rather than
 licensing[1].  The reason I can see is this: if I decide I want to use a
 file from Lilypond in my own piece of code, it's helpful to me to know
 exactly who the authors and copyright holders are for that particular
 file.  With such a notice I immediately know who I have to contact if I
 need/want further permissions, I know who I have to credit in my AUTHORS
 file, etc. etc.

But since the notices will be out of date, you'll need to look in
the git log anyway.

 So, I see maintaining good file-by-file contribution records as being
 both helpful to Lilypond (it helps us track who did what) and courteous
 to people receiving the code (it helps facilitate the process of
 adapting parts of the code for other projects).

Unless we have a dedicated legal secretary spending 5 hours a week
maintaining such notices, they will be out of date and therefore
useless.

 [1] Where the licensing issue might be important is this: what if
 someone forks Lilypond and adds a bunch of their own code with a
 different but compatible license statement -- like GPLv2+?

Huh?  If somebody forks lilypond, that's their problem.

 The other motivation is if there _is_ a desire to alter the license it
 might be useful to be able to do this incrementally, e.g. move to (say)
 GPL2+ all those files where the authors give permission as soon as that
 permission is given.

No.  Changing the license will be an all-or-nothing affair.

  No.  If there's a detailed file-by-file, Copyright 2003, 2008 by
  X who wrote 38 lines, copyright 2005 by Y who wrote 123 lines,
  then that creates pressure to maintain it.  That wastes
  *everybody's* time.
 
 I think there are good reasons for wanting to maintain such
 documentation (see above), and I don't think it's so hard to sustain it
 -- most files are worked on by relatively few people (so the author list
 stays constant) and it's not so difficult for contributors to change the
 year of copyright or just add their name to an author list.
 
 It doesn't need to be as detailed as 'wrote X lines' or 'wrote functions
 A, B, C', just a list of major (i.e. justifiably copyright-owning)
 contributors and year(s) of their contributions, as in the sample patch
 I put forward.  (I mentioned tweaks as well, but that was just a
 courtesy to the tweakers rather than something that needs to be tracked.)

You severely underestimate the effort involved in the
documentation.  For example, I recently moved the command-line
info from the AU into the new website.  At a complete guess,
- 5-30 lines came from Han-Wen
- 5-30 lines came from Mats
- 5-20 lines were corrected by Werner
- 5-20 lines had a correction sent to a mailist by random users,
  and were added by Graham or Mats.
- 20-50 lines had English grammatical fixes by Graham, but no
  actual content changes

Now, if 15 lines is the magical cut-off, who gets their name added
to Documentation/general/download.itely ?  I'd have to hunt
through the git log for all these lines -- looking at both
grammatical/spelling fixes *and* content fixes -- to decypher
whether I used 14 of Han-Wen's original lines or 16.

I'm not going to do that.  It's a gargantic amount of wasted
effort.  I mean, everybody in that list is deeply involved in
lilypond, we all want the best for lilypond, and we all agree to
the same license.  Spending an hour looking through git logs every
time I want to clarify the documentation helps *nobody*.

For this reason, I categorically refuse to have file-specific
ownership.  Documentation is documentation; any doc committers
will be listed in the same place.


It's true that code doesn't change as much as the docs, although I
could well imagine some kinds of useful reshuffling that would
require hours of extra work if we had file-specific ownership.
(say, what if we decided to split \mark into \markText and
\markRehearsal ?  Oops, now we need to track down exactly who
wrote which lines in the relevant file(s), to make sure that info
gets into the new file(s)).

I still think it would be a complete waste of time, but if you
really want to track down file ownership of source code, _I_ won't
stop you.  You'd better check that everybody else is ok with this,
though.  And by ok, I mean agrees to you doing the initial
work, *and* commits to maintain such info in the future.

Cheers,
- Graham


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Re: Overview of copyright issues

2009-09-20 Thread Joseph Wakeling
Graham Percival wrote:
 For this reason, I categorically refuse to have file-specific
 ownership.  Documentation is documentation; any doc committers
 will be listed in the same place.

About docs, I completely agree.  I didn't have to spend long in the git
logs to realise that it just wasn't feasible to meaningfully identify
contributors -- there's too much moving, renaming, copy-pasting, etc.

 I still think it would be a complete waste of time, but if you
 really want to track down file ownership of source code, _I_ won't
 stop you.  You'd better check that everybody else is ok with this,
 though.  And by ok, I mean agrees to you doing the initial
 work, *and* commits to maintain such info in the future.

I think with code it has more value, and ought to be reasonably easy to
maintain.  There's also the fact that the code, unlike the docs, _does_
contain per-file copyright notices, and that these are wrong.  If we're
going to have them, they ought to be accurate.

Best wishes,

-- Joe


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Re: Overview of copyright issues

2009-09-19 Thread Graham Percival
On Fri, Sep 11, 2009 at 01:03:05AM +0200, Joseph Wakeling wrote:
 Graham Percival wrote:
  The manuals include the FDL, so I'd argue that it's clear that the
  sources are under the same license.  I'd argue the same about the
  source files, actually.
 
 This is basically about good (unambiguous) practice as far as I'm
 concerned (see e.g. GNU project guidelines).

Bugger the GNU project guidelines.  They're not the be-all and
end-all of good project mangement.  In many ways, they're pure
rubbish.  Toodle-pip, cheers, and all that.

(I'm trying to be more British... I was really surprised at the
use of cheers here.  It's a greeting!  It's a farewell!  It's a
thanks!  It's an airplaine... no, it's super-word!  :)


  Really?  Line 22 says Version 2, June 1991 to me.  How exactly
  do you propose to change the COPYING file?
 
 I propose to add text closer to the statement recommended by the FSF/GNU
 foundation and by the GPL itself:
 
 GNU Lilypond is free software; you can redistribute it and/or modify
 it under the terms of version 2 of the GNU General Public License as
 published by the Free Software Foundation.

ok.

 ... plus some further explanatory text that will probably be close to
 what the existing file says.  Perhaps also a line emphasising the
 licensing situation (i.e. v2 only) as the Linux kernel COPYING file
 does,

ok.

 and a note explaining how we are attempting to change the
 licensing situation.

Not ok.


The above oks are in reference to notices on the entry point
(i.e. main.cc, notation.tely for some GFDL text, etc).

For all other files, such as random-beam-file.cc or world.itely, I
think a simple:
@ignore
  This file is part of the LilyPond Documentation.  It is
  included in specialist.itely, which is included in
  ../notation.itely.  See the latter file for copyright license.
@end ignore




(v) the link on the main page which (still) points to the
text of GPLv3 on gnu.org (and has ever since v3 was
released -- the first message pointing out this
discrepancy was sent to the -devel mailing list over
2 years ago!).
  
  This is fixed on the new website.
 
 But not on the current one, which is still live ... :-)

Patches accepted.


  In addressing this there are several policies that can be put in place NOW:
 
 (1) All new files added to the code or docs must contain an
 unambiguous copyright AND licensing notice: I suggest in this
 case GPLv2 or later for code, and the GFDL 1.1 or later for docs.
  
  I really don't see why we MUST do this.  Is there any legal
  requirement that every single file contain the license?  I'm not
  aware of any.  Material is copyright by default.
 
 Sure; this is just a useful policy to have (and maintain) because it
 clarifies the licensing situation on a file-by-file basis.

But we *don't* have a licensing situation on a file-by-file
basis.  Everything[1] under Documentation/  is FDL; everything
else[2] is GPLv2.

[1] it would be very useful if somebody could create an example to
replace cary.ly, since that's non-free.

[2] it would be very useful if somebody could identify anything
(other than texinfo.tex and input/* since those are slated for
demolition) that isn't GPLv2.

[3] haha, an unreferenced footnote!  It would be very useful if
the note at the top of /COPYING had these exceptions noted.


 (2) Contributors of new material to existing files should add
 copyright/licensing notices *for their contributions*, again with
 appropriate 'or later' bits.
  
  That's going to get ridiculous.  We should add a name for each
  one-line bugfix?
 
 No.  My statement was not clear enough.  There are guidelines on this in
 the 'Information for Maintainers of GNU Software':
 http://www.gnu.org/prep/maintain/html_node/Legally-Significant.html#Legally-Significant

Bugger them -- this time with feeling, not as a cutesy attempt to
learn/naturalize British slang.

What's the point of per-file stuff?  The only thing that I can
think of is that if somebody discovers the file via a google
search (say, in gitweb), but is too lazy to look at the top of the
gitweb repository, they can see the license and comply with it.

That's ridiculous.  Anybody who is moral will take the extra 30
seconds to find the appropriate COPYING file.  Anybody who isn't
moral is going to ignore the license anyway and just take whatever
they want.


I will admit that the docs could use better signage, especially
after I moved the license into a @macro (oops).  But a simple
paragraph for the main manuals in Documentation/, and a sentence
or two pointing back to those main manuals for everything in a
subdir, would suffice for this.

 (2) Is there a preference for transferring copyright to some third
 party (either the FSF or some LP-dedicated organisation)?  If
 not, it seems a good idea for future contributions to LP to be
 'or later', as 

Re: Overview of copyright issues

2009-09-19 Thread John Mandereau
Le samedi 19 septembre 2009 à 07:30 +0100, Graham Percival a écrit : 
 But we *don't* have a licensing situation on a file-by-file
 basis.  Everything[1] under Documentation/  is FDL; everything
 else[2] is GPLv2.
 
 [1] it would be very useful if somebody could create an example to
 replace cary.ly, since that's non-free.

What about keeping Trevor's work under a CC-BY-ND license, in case he
agrees with this?  If anybody wants to reuse code for any purpose other
than quoting the music itself, it will lead to a different enough work
so you can consider it can't be a derived work.  About other snippets,
are you sure there is no other Mutopia snippet in the public domain or
under some license other than FDL (say, CC) in the source tree?
On the opposite, note that snippets from LSR are public domain, not FDL.


 [2] it would be very useful if somebody could identify anything
 (other than texinfo.tex and input/* since those are slated for
 demolition) that isn't GPLv2.

Junking texinfo.tex from our sources is looking for problems: it's
better to keep it in our sources, so we can freely update it to latest
CVS or keep a not up-to-date revision if we encounter issues with latest
CVS.

Best,
John


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Re: Overview of copyright issues

2009-09-19 Thread Joseph Wakeling
Graham Percival wrote:
 Bugger the GNU project guidelines.  They're not the be-all and
 end-all of good project mangement.  In many ways, they're pure
 rubbish.  Toodle-pip, cheers, and all that.
 
 (I'm trying to be more British... I was really surprised at the
 use of cheers here.  It's a greeting!  It's a farewell!  It's a
 thanks!  It's an airplaine... no, it's super-word!  :)

One of the best words in the English language. ;-)

GNU guidelines seem to me to be least important reason to do anything,
but worth reading and understanding the motivation behind them,
particularly where copyright/licensing is concerned -- just because the
people behind GNU have put a lot of thought into these things and have a
lot of experience.

 Really?  Line 22 says Version 2, June 1991 to me.  How exactly
 do you propose to change the COPYING file?
 I propose to add text closer to the statement recommended by the FSF/GNU
 foundation and by the GPL itself:

 GNU Lilypond is free software; you can redistribute it and/or modify
 it under the terms of version 2 of the GNU General Public License as
 published by the Free Software Foundation.
 
 ok.
 
 ... plus some further explanatory text that will probably be close to
 what the existing file says.  Perhaps also a line emphasising the
 licensing situation (i.e. v2 only) as the Linux kernel COPYING file
 does,
 
 ok.

I'll put forward a patch for this, then.

 and a note explaining how we are attempting to change the
 licensing situation.
 
 Not ok.

Will not be in the aforementioned patch, then.

   (v) the link on the main page which (still) points to the
   text of GPLv3 on gnu.org (and has ever since v3 was
   released -- the first message pointing out this
   discrepancy was sent to the -devel mailing list over
   2 years ago!).
 This is fixed on the new website.
 But not on the current one, which is still live ... :-)
 
 Patches accepted.

I'll see what I can do.  (Depending on the timeline for launch of the
new site.  Not much point patching the current one if you're going to
launch the new one in a couple of weeks' time.)

 Sure; this is just a useful policy to have (and maintain) because it
 clarifies the licensing situation on a file-by-file basis.
 
 But we *don't* have a licensing situation on a file-by-file
 basis.  Everything[1] under Documentation/  is FDL; everything
 else[2] is GPLv2.

I'll come to this in a moment after addressing your next points...

 [1] it would be very useful if somebody could create an example to
 replace cary.ly, since that's non-free.
 
 [2] it would be very useful if somebody could identify anything
 (other than texinfo.tex and input/* since those are slated for
 demolition) that isn't GPLv2.
 
 [3] haha, an unreferenced footnote!  It would be very useful if
 the note at the top of /COPYING had these exceptions noted.

I can work on at least [2] and [3].  I can try to do [1] as well.

 What's the point of per-file stuff?  The only thing that I can
 think of is that if somebody discovers the file via a google
 search (say, in gitweb), but is too lazy to look at the top of the
 gitweb repository, they can see the license and comply with it.
 
 That's ridiculous.  Anybody who is moral will take the extra 30
 seconds to find the appropriate COPYING file.  Anybody who isn't
 moral is going to ignore the license anyway and just take whatever
 they want.

OK, well.  Perhaps I should say 'credit on a per-file basis' rather than
licensing[1].  The reason I can see is this: if I decide I want to use a
file from Lilypond in my own piece of code, it's helpful to me to know
exactly who the authors and copyright holders are for that particular
file.  With such a notice I immediately know who I have to contact if I
need/want further permissions, I know who I have to credit in my AUTHORS
file, etc. etc.

Now, I can of course go searching through the git log to track them
down.  But then what happens when I discover the apparent contributors
don't match with the copyright notice in the file (currently the case)?
 What happens if I trust the copyright/credit notice, then suddenly
later get someone I didn't know about coming along and saying, 'Hey,
you're using my code without credit'?

(Or, what happens if someone adds third-party material to Lilypond code
or docs?  OK, we have the git log, but it's handy to be able to see
without delving into version history whether a particular file contains
material from a given source.)

So, I see maintaining good file-by-file contribution records as being
both helpful to Lilypond (it helps us track who did what) and courteous
to people receiving the code (it helps facilitate the process of
adapting parts of the code for other projects).

[1] Where the licensing issue might be important is this: what if
someone forks Lilypond and adds a bunch of their own code with a
different but compatible license statement -- like GPLv2+?  It helps
clarify the 

Re: Overview of copyright issues

2009-09-19 Thread Graham Percival
On Sat, Sep 19, 2009 at 06:19:20PM +0200, John Mandereau wrote:
 Le samedi 19 septembre 2009 à 07:30 +0100, Graham Percival a écrit : 
  But we *don't* have a licensing situation on a file-by-file
  basis.  Everything[1] under Documentation/  is FDL; everything
  else[2] is GPLv2.
 
 What about keeping Trevor's work under a CC-BY-ND license, in case he
 agrees with this?

I'd rather not keep track of individual licenses in the source
tree.  Since he's stated that his work is in public domain,
there'd be no problems with people extracting it for any CC stuff.
... err wait, are we talking about Trevor Daniels, or Trevor Baca?

HOWEVER, I'm quite willing to re-open the debate about licenses or
relicensing or whatever -- as long as it's done at a convenient
time.  Right now is not convenient.

 About other snippets,
 are you sure there is no other Mutopia snippet in the public domain or
 under some license other than FDL (say, CC) in the source tree?
 On the opposite, note that snippets from LSR are public domain, not FDL.

If something's in the public domain, then we can take it an stamp
a FDL onto it.  Since the initial spark was to clarify the license
situation, let's do that.

Or, we could add a boilerplate message that anything in
input/snippets/  is public domain.  Then we'd have

/*  GPLv2
/Documentation/*  FDL
/Documentation/snippets/*   public domain

where the most restrictive search pattern selects the license.


As for Mutopia, those are under input/*, and are thus slated for
demolition, in no small part due to the licensing issues.

  [2] it would be very useful if somebody could identify anything
  (other than texinfo.tex and input/* since those are slated for
  demolition) that isn't GPLv2.
 
 Junking texinfo.tex from our sources is looking for problems:

Sorry!  Horribly unclear English at play.  input/* is slated for
removal (other than input/regression/); texinfo.tex will of course
be remaining.

Cheers,
- Graham


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Re: Overview of copyright issues

2009-09-19 Thread Anthony W. Youngman
In message 4ab5056a.9010...@webdrake.net, Joseph Wakeling 
joseph.wakel...@webdrake.net writes

[1] Where the licensing issue might be important is this: what if
someone forks Lilypond and adds a bunch of their own code with a
different but compatible license statement -- like GPLv2+?  It helps
clarify the situation if each file has a specific license statement
rather than just relying on 'files should be assumed to be under license
X unless otherwise stated'.

I don't know whether it's been done, but what if someone has added code 
into lilypond itself under a compatible licence such as GPLv2+?


(What do you do if, when asking authors what licence they want you to 
use, they say v2+ or v2/v3, not v2-only?)



The other motivation is if there _is_ a desire to alter the license it
might be useful to be able to do this incrementally, e.g. move to (say)
GPL2+ all those files where the authors give permission as soon as that
permission is given.


That's moving forward. The thing that concerns me is that, in my 
(non-lawyer) opinion, if any non-v2-only code HAS made its way into 
lilypond, it's a GPL violation to stamp a v2-only licence notice on it.


If you want a simple explanation of that, if A grants v2+ to his code, 
then B gives the code to C saying it's v2-only, firstly B has no right 
to do that (the GPL says that C gets their licence from A, not B), and 
secondly the GPL says you can't take away rights granted by the 
copyright owner. Changing from v2+ to v2-only is such a forbidden change 
(taking away the recipient's right to change licence).


Cheers,
Wol
--
Anthony W. Youngman - anth...@thewolery.demon.co.uk



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Re: Overview of copyright issues

2009-09-19 Thread Anthony W. Youngman
In message 1253377160.11679.1824.ca...@localhost, John Mandereau 
john.mander...@gmail.com writes

Le samedi 19 septembre 2009 à 07:30 +0100, Graham Percival a écrit :

But we *don't* have a licensing situation on a file-by-file
basis.  Everything[1] under Documentation/  is FDL; everything
else[2] is GPLv2.

[1] it would be very useful if somebody could create an example to
replace cary.ly, since that's non-free.


What about keeping Trevor's work under a CC-BY-ND license, in case he
agrees with this?  If anybody wants to reuse code for any purpose other
than quoting the music itself, it will lead to a different enough work
so you can consider it can't be a derived work.  About other snippets,
are you sure there is no other Mutopia snippet in the public domain or
under some license other than FDL (say, CC) in the source tree?
On the opposite, note that snippets from LSR are public domain, not FDL.


Aarrgghh.

The snippets are not public domain, unless the author put them there. 
The *music* may be public domain, but the *arrangement* is copyright 
whoever wrote the lilypond code (unless you make the argument that the 
snippet is too small to qualify for copyright).


Cheers,
Wol
--
Anthony W. Youngman - anth...@thewolery.demon.co.uk



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Re: Overview of copyright issues

2009-09-19 Thread John Mandereau
Le samedi 19 septembre 2009 à 19:45 +0100, Anthony W. Youngman a
écrit : 
 The snippets are not public domain, unless the author put them there. 
 The *music* may be public domain, but the *arrangement* is copyright 
 whoever wrote the lilypond code (unless you make the argument that the 
 snippet is too small to qualify for copyright).

I understand your point, let me now explain the situation of LSR
snippets import into Lily sources.  LSR web site requires contributors
to put the snippets they add in public domain, partly to make ly code
reuse easier; then, when we import those snippets in LilyPond sources,
we add a header at the beginning of each snippet source file
automatically with a home-made Python script, and I think the only
additions that are not too small to qualify for copyright are texidocs
translations; should we require translators to put them there, or do we
want to have English texidocs in public domain and translated ones under
FDL?  I prefer the former alternative.

Best,
John


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Re: Overview of copyright issues

2009-09-19 Thread John Mandereau
Le samedi 19 septembre 2009 à 18:34 +0100, Graham Percival a écrit : 
 I'd rather not keep track of individual licenses in the source
 tree.  Since he's stated that his work is in public domain,
 there'd be no problems with people extracting it for any CC stuff.
 ... err wait, are we talking about Trevor Daniels, or Trevor Baca?

Bloody mao, we're talking about the autor of cary.ly :-)


 HOWEVER, I'm quite willing to re-open the debate about licenses or
 relicensing or whatever -- as long as it's done at a convenient
 time.  Right now is not convenient.

Sure, so right now isn't convenient either to remove cary.ly and other
so-said problematic files.


 If something's in the public domain, then we can take it an stamp
 a FDL onto it.  Since the initial spark was to clarify the license
 situation, let's do that.

Yes, let's do this for main manuals that include snippets. 


 Or, we could add a boilerplate message that anything in
 input/snippets/  is public domain.  Then we'd have
 
 /*  GPLv2
 /Documentation/*  FDL
 /Documentation/snippets/*   public domain
 
 where the most restrictive search pattern selects the license.

We already stamp each snippet in Documentation/snippets public domain,
and state it at the beginning of Snippets document, so it shows up in
PDF, Info and HTML.  We could protect the first page of the document
under FDL, but would that make any sense?

Best,
John


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Re: Overview of copyright issues

2009-09-19 Thread Joseph Wakeling
Anthony W. Youngman wrote:
 Aarrgghh.
 
 The snippets are not public domain, unless the author put them there.
 The *music* may be public domain, but the *arrangement* is copyright
 whoever wrote the lilypond code (unless you make the argument that the
 snippet is too small to qualify for copyright).

The snippets are taken from the LSR and a condition of submission to the
LSR is that you consign your work to the public domain (and that you
have the right to do so).  I know, because I submitted a couple of
snippets to the LSR and they later made it into the Lilypond docs'
selection of snippets.


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Re: Overview of copyright issues

2009-09-19 Thread Anthony W. Youngman
In message 4ab53f73.1080...@webdrake.net, Joseph Wakeling 
joseph.wakel...@webdrake.net writes

Anthony W. Youngman wrote:

Aarrgghh.

The snippets are not public domain, unless the author put them there.
The *music* may be public domain, but the *arrangement* is copyright
whoever wrote the lilypond code (unless you make the argument that the
snippet is too small to qualify for copyright).


The snippets are taken from the LSR and a condition of submission to the
LSR is that you consign your work to the public domain (and that you
have the right to do so).  I know, because I submitted a couple of
snippets to the LSR and they later made it into the Lilypond docs'
selection of snippets.


What happens if you're German :-)

(I don't know, but there's been a fair bit of discussion, on and off, on 
debian legal as to whether it is even *possible* for some people to 
consign their work to the public domain - the *law* apparently says they 
*can't*)


Cheers,
Wol
--
Anthony W. Youngman - anth...@thewolery.demon.co.uk



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Re: Overview of copyright issues

2009-09-19 Thread Valentin Villenave
On Sun, Sep 20, 2009 at 12:28 AM, Anthony W. Youngman
lilyp...@thewolery.demon.co.uk wrote:
 (I don't know, but there's been a fair bit of discussion, on and off, on
 debian legal as to whether it is even *possible* for some people to consign
 their work to the public domain - the *law* apparently says they *can't*)

Hence the need for the WTFPL:
http://sam.zoy.org/wtfpl/

(yeah, I've already mentioned it, but it just never gets old :-)

Cheers,
Valentin


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Re: Overview of copyright issues

2009-09-19 Thread Reinhold Kainhofer
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Hash: SHA1

Am Samstag, 19. September 2009 20:45:46 schrieb Anthony W. Youngman:
 In message 1253377160.11679.1824.ca...@localhost, John Mandereau
 On the opposite, note that snippets from LSR are public domain, not FDL.

 Aarrgghh.

 The snippets are not public domain, unless the author put them there.

Exactly. By putting them on LSR, you are putting it into PD. See e.g. 
http://lsr.dsi.unimi.it/LSR/html/whatsthis.html

Also, the snippet submission page starts with the very sentence: 
Important: By entering your snippet, you are placing it in the public domain. 
This includes also snippets taken from the Lilypond manual (the manual authors 
grant you their permission to do so).


And please don't argue that you were not aware, because that's there on the 
About page of the LSR, so if you still contribute it's you fault to not 
check. Not knowing doesn't prevent from prosecution, as we have a saying in 
(criminal) law studies here in Austria (Nichtwissen schützt vor Strafe 
nicht).

 The *music* may be public domain, but the *arrangement* is copyright
 whoever wrote the lilypond code (unless you make the argument that the
 snippet is too small to qualify for copyright).

Again, by contributing to the LSR, the authors explicitly put it into PD (or 
one might argue that in jurisdictions without the notion of PD, they grant all 
rights they can give away, only retaining the moral rights that can't be 
signed away).

Cheers,
Reinhold


- -- 
- --
Reinhold Kainhofer, reinh...@kainhofer.com, http://reinhold.kainhofer.com/
 * Financial  Actuarial Math., Vienna Univ. of Technology, Austria
 * http://www.fam.tuwien.ac.at/, DVR: 0005886
 * LilyPond, Music typesetting, http://www.lilypond.org
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Re: Overview of copyright issues + Debian

2009-09-11 Thread Graham Percival
On Fri, Sep 11, 2009 at 01:05:35AM +0200, Joseph Wakeling wrote:
 Graham Percival wrote:
  Docs have always been FDLv1.1 or later.  I was thinking about
  unilaterially changing them to FDLv1.3 or later, as soon as I've
  got GUB working.
 
 Great, that should simplify matters A LOT.  Where in the source tree is
 the explicit statement of the 'or later' ... ?

The beginnings of the manuals.  In my restructuring, that's now in
macros.itexi, although this may well move to a third macro file.
Hmm, I just noticed that the copyright years are messed up... I'll
fix that fairly soon.


It's also visible on the first page of the pdf manuals, as
comments in the HTML, etc.

Cheers,
- Graham


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Re: Overview of copyright issues + Debian

2009-09-11 Thread Joseph Wakeling
Graham Percival wrote:
 The beginnings of the manuals.  In my restructuring, that's now in
 macros.itexi, although this may well move to a third macro file.
 Hmm, I just noticed that the copyright years are messed up... I'll
 fix that fairly soon.

Brilliant.  So as far as the docs are concerned that reduces my task to
'Who contributed to ... ?' rather than 'Do they agree to ... ?'

In that case I'll submit a patch with licensing notices for doc files.
I will still work on identifying who should be credited as authors on a
file-by-file basis.

Best wishes,

-- Joe


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Re: Overview of copyright issues

2009-09-11 Thread Jan Nieuwenhuizen
Op donderdag 10-09-2009 om 23:47 uur [tijdzone +0100], schreef Graham
Percival:
 On Thu, Sep 10, 2009 at 04:37:46PM -0600, Carl Sorensen wrote:
  
  On 9/10/09 4:02 PM, Graham Percival gra...@percival-music.ca wrote:
  
   On Wed, Sep 09, 2009 at 06:04:17PM +0200, Joseph Wakeling wrote:

 Yes, but then the FSF went and royally screwed us by making GPLv3
 incompatible with v2.  For an organization that's supposed to
 encourage openness and collaboration, this was MONUMENTALLY
 stupid.

The FSF has always adviced and argued to use v2 or at your option
any later version.  I got tired of arguing with Han-Wen that being
paranoid does not bring you anything and gave in to strict v2, so
it was *me* who was monumentally stupid.

Jan.

-- 
Jan Nieuwenhuizen jann...@gnu.org | GNU LilyPond - The music typesetter
Avatar®: http://AvatarAcademy.nl| http://lilypond.org



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Re: Overview of copyright issues

2009-09-11 Thread Joseph Wakeling
Carl Sorensen wrote:
 Amen to that.  If only they had made some kind of an accomodation clause
 that would have allowed projects with mixed v2 and v3 licenses to go
 forward, as long as the v3 license terms were followed on the combined
 package (e.g. no tivoization, and following the patent stuff).  But they
 don't.

There was no way they could have done that, unfortunately. :-(  It's not
a matter of GPLv3 accommodating GPLv2 but the other way round -- GPLv2
has a 'no additional clauses' requirement and GPLv3 applies ...
additional clauses.


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Re: Overview of copyright issues

2009-09-11 Thread Joseph Wakeling
Francisco Vila wrote:
 2009/9/11 Francisco Vila paconet@gmail.com:
 Those stats are very old now.
 
 They are now up to date, just in case.
 
 http://paconet.org/lilypond-statistics/

Thanks very much for this! :-)

It leads to the question -- already in mind from browsing the git log --
who is 'fred'?  There is no full name and no email ('fred fred'), but
a lot of commits are in his name.  Is this someone responsible for much
code?  Or just someone responsible for managing the git or cvs repo in
the past?

And no, it seems docs are (fortunately) already 'or later', so we don't
have to worry on that account. :-)


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Re: Overview of copyright issues

2009-09-11 Thread John Mandereau
Le jeudi 10 septembre 2009 à 00:24 +0200, Joseph Wakeling a écrit :
 But anyway, I'm willing to do the typing side of it.  I just need you to
 clarify exactly what I should put: presumably GPLv2 for code files and
 GFDLv1.1 for docs are the base licenses, but would you and Jan approve
 putting GPLv2 or later for your own contributions?  What are your
 thoughts (and recommendations) for code written by others?  I know that
 you ran into a paperwork issue some time back that has never been resolved.

For the record, I agree to license/relicense all my code contributions
(mostly Python scripts and makefiles) under GPLv2+ or GPLv3+, and
dual-license my doc contributions under GFDL1.1+ and GPLv2+.  I also
hope that I'll junk all dirty scripts I wrote before a copyright header
is added to them, but I'm not sure I can achieve this :-)

Cheers,
John


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Re: Overview of copyright issues

2009-09-11 Thread Reinhold Kainhofer
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Am Freitag, 11. September 2009 11:14:39 schrieb Joseph Wakeling:
 Francisco Vila wrote:
  2009/9/11 Francisco Vila paconet@gmail.com:
  Those stats are very old now.
 
  They are now up to date, just in case.
 
  http://paconet.org/lilypond-statistics/

 Thanks very much for this! :-)

FWIW, I've now added a .mailcap file, so names like wl or Andrew Hawyluk or 
Carl Sorensen should now be combined with the correct names Werner 
Lemberg, Andrew Hawryluk and Carl D. Sorensen.

So git shortlog or git shortlog -s should now give less contributors and a 
better overview.

I've also added all adresses, which already use the correct name (I just took 
the output of git shortlog -s -e and corrected some apparently wrong or 
missing names). 

There are some open committers, though:

Maximiliano m...@intelacer.(none)
Maximiliano mxg...@yahoo.it
Lilypond GDP lilyp...@server.kainhofer.com
kroger kroger
reuter reuter
root r...@tsubasa.(none)
andrew and...@obi-wan.(none)
erik erik
fred fred
uid67283 uid67283


 It leads to the question -- already in mind from browsing the git log --
 who is 'fred'?  There is no full name and no email ('fred fred'), but
 a lot of commits are in his name.  Is this someone responsible for much
 code?  

IIRC, that's the name that Jan or Han-Wen used to import the old versions into 
git (or svn).

Cheers,
Reinhold
- -- 
- --
Reinhold Kainhofer, reinh...@kainhofer.com, http://reinhold.kainhofer.com/
 * Financial  Actuarial Math., Vienna Univ. of Technology, Austria
 * http://www.fam.tuwien.ac.at/, DVR: 0005886
 * LilyPond, Music typesetting, http://www.lilypond.org
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Re: Overview of copyright issues

2009-09-11 Thread Francisco Vila
2009/9/11 Reinhold Kainhofer reinh...@kainhofer.com:
 FWIW, I've now added a .mailcap file, so names like wl or Andrew Hawyluk 
 or
 Carl Sorensen should now be combined with the correct names Werner
 Lemberg, Andrew Hawryluk and Carl D. Sorensen.

 So git shortlog or git shortlog -s should now give less contributors and a
 better overview.

Well, we have duplicated the effort. I mentioned this in this very thread.

There is no need to put names and addresses that are already correctly
spelt in the file; it only makes sense if names or addresses vary for
the same author.  Anyway, we now have a comprehensive e-mail
directory.

 There are some open committers, though:
...
 kroger kroger

Pedro Kroger kroger

 reuter reuter

Jürgen Reuter,  reuter [at] ipd [dot] uka [dot] de

 root r...@tsubasa.(none)

Graham Percival.

 andrew and...@obi-wan.(none)

this could be Andrew Hawryluk or A. Wilson

 erik erik

Erik Sandberg erik

 fred fred

Han-Wen Nienhuys and Jan Nieuwenhuizen fred

 uid67283 uid67283

Han-Wen Nienhuys uid67283, I think

 It leads to the question -- already in mind from browsing the git log --
 who is 'fred'?  There is no full name and no email ('fred fred'), but
 a lot of commits are in his name.  Is this someone responsible for much
 code?

 IIRC, that's the name that Jan or Han-Wen used to import the old versions into
 git (or svn).

I asked the same on February and here is the answer:

http://lists.gnu.org/archive/html/lilypond-devel/2009-02/msg00029.html
-- 
Francisco Vila. Badajoz (Spain)
www.paconet.org
www.csmbadajoz.com


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Re: Overview of copyright issues

2009-09-11 Thread Francisco Vila
2009/9/11 Reinhold Kainhofer reinh...@kainhofer.com:
 So git shortlog or git shortlog -s should now give less contributors and a
 better overview.

Please add

  Francisco Vila fr...@salvia.(none)
  Francisco Vila fr...@salvia.org

so that Paco Vila gets redirected to me (that is the purpose of the
file as I understand it)

Other issues could arise; let's talk about them in private.  I could
also commit the changes that are necessary, directly.
-- 
Francisco Vila. Badajoz (Spain)
www.paconet.org
www.csmbadajoz.com


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Re: Overview of copyright issues

2009-09-11 Thread Graham Percival
On Fri, Sep 11, 2009 at 11:14:39AM +0200, Joseph Wakeling wrote:
 It leads to the question -- already in mind from browsing the git log --
 who is 'fred'?

Please get into the habit of searching -devel before asking such
questions.  The answer is on the top 10 results for fred on a
lilypond-devel search.

Cheers,
- Graham


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Re: Overview of copyright issues

2009-09-11 Thread Anthony W. Youngman
In message 1252655677.8830.236.ca...@heerbeest, Jan Nieuwenhuizen 
janneke-l...@xs4all.nl writes

Op donderdag 10-09-2009 om 23:47 uur [tijdzone +0100], schreef Graham
Percival:

On Thu, Sep 10, 2009 at 04:37:46PM -0600, Carl Sorensen wrote:

 On 9/10/09 4:02 PM, Graham Percival gra...@percival-music.ca wrote:

  On Wed, Sep 09, 2009 at 06:04:17PM +0200, Joseph Wakeling wrote:



Yes, but then the FSF went and royally screwed us by making GPLv3
incompatible with v2.  For an organization that's supposed to
encourage openness and collaboration, this was MONUMENTALLY
stupid.


The FSF has always adviced and argued to use v2 or at your option
any later version.  I got tired of arguing with Han-Wen that being
paranoid does not bring you anything and gave in to strict v2, so
it was *me* who was monumentally stupid.

Jan.


Well, Han-Wen is in good company - Linus!

So I take this to mean all your code is v2+? Whatever Han-Wen said has 
no influence on YOUR code. And all we need is for Han-Wen to say he's 
happy with v3, and all your worries have gone away. (The problem is if 
Han-Wen goes away, but hopefully his will leaves all his copyrights to 
the FSF :-)


You may have been monumentally stupid, but it wasn't arguing about 
paranoia. It was trying to apply YOUR choice of licence to SOMEONE 
ELSE'S CODE. That's ALWAYS a stupid idea.


Cheers,
Wol
--
Anthony W. Youngman - anth...@thewolery.demon.co.uk



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Re: Overview of copyright issues + Debian

2009-09-11 Thread Trevor Daniels


Joseph Wakeling wrote Thursday, September 10, 2009 2:10 PM

What would be good is if as many contributors as possible can 
reply to
this email just to OK (i) my putting copyright/licensing notices 
in the
files they have contributed to and (ii) their licensing 
preferences for

their contributions:


I really can't get excited about this issue.

I'm happy to donate my LilyPond contributions, which are almost 
entirely

documentation and snippets, to the public domain.  That should give
you freedom to license them in the LilyPond distributions as you see 
fit.


Trevor





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Re: Overview of copyright issues

2009-09-10 Thread Anthony W. Youngman
In message 3ccb7043-cf70-480b-84d1-27332fda9...@math.su.se, Hans Aberg 
hab...@math.su.se writes

I don't see much point in continuing this discussion further because I
don't think you understand what the real problems (or solutions) 
are, or

what the requirements of the GPL (in any version) are.


The point is that if you want to be up-to-date with latest GPL in both 
new restrictions and permissions, the only way to do it is to refer to 
the latest version when the source is published.


Or later will admit  later restrictions, or latest will impose them 
quietly on old sources.

BINGO!

And this is EXACTLY the problem with your suggestion. You are 
RETROACTIVELY CHANGING THE LICENCE!


As has been pointed out elsewhere, this will have the effect of making 
what was legal, illegal. What happens if v4 comes out and Joe Bloggs 
never hears about it? He was happily distributing under v3 perfectly 
legally, now he's happily distributing under v3 ILLEGALLY.


I'm not a lawyer, but if I came across v2 or latest wording, my advice 
would be to treat it as v2 only because to do anything else IS TOO 
DANGEROUS. So your wording is self-defeating because no sane distributor 
would dare take advantage of the or latest clause.


Cheers,
Wol
--
Anthony W. Youngman - anth...@thewolery.demon.co.uk



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Re: Overview of copyright issues

2009-09-10 Thread Anthony W. Youngman
In message 4aa828d1.5000...@webdrake.net, Joseph Wakeling 
joseph.wakel...@webdrake.net writes

Reinhold Kainhofer wrote:
... which I'm sure will NOT hold up in court, so I propose we really 
end this

discussion. Please leave the lawyering to the lawyers and lets go back to
coding.


Please understand the motivation for OPENING this discussion -- not to
debate which license or what license, but to propose a few concrete
things the LP coding team can do to clarify licensing and (perhaps) make
it easier to upgrade the license if that's desired.


I'm very wary of the or later wording - I wouldn't want to push it on 
people. And there's a whole bunch of licences that are GPL-compatible 
that people might like to use.


I think that the guidelines should say all new code must be licenced 
compatibly with v2 and v3. The preferred licence is 'v2 or later'.


I particularly think it would be a good idea to make sure that all files
in the source tree -- code and docs -- have both copyright and licensing
statements in them.


Yup. And the contributors file should list the over-riding licence 
chosen by any contributor. That way, if Joe Bloggs licenced everything 
under v2, then asks you to put him down as licencing his code v2 and 
v3, that change can be retroactive to ALL his code (there's no problem 
here because he's granting EXTRA rights). You probably want to put a 
copy of that email grant with the contributors file.


More particularly, does anyone object to me adding a GFDL 1.1 or later
notice to the doc files I have written?


It's your copyright, licence it as you wish (provided it's not 
incompatible with what's gone before).


One rider - please add the with no invariant sections etc wording so 
that it's compatible with the Debian Free Software Guidelines. You are 
aware the GFDL as it stands is not recognised as a Free licence? I'm not 
sure where you'll find that wording - probably on the Debian website, 
and almost certainly if you search debian-legal.


Best wishes,

   -- Joe


Cheers,
Wol
--
Anthony W. Youngman - anth...@thewolery.demon.co.uk



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Re: Overview of copyright issues

2009-09-10 Thread Hans Aberg

On 10 Sep 2009, at 08:35, Anthony W. Youngman wrote:

Or later will admit  later restrictions, or latest will impose  
them quietly on old sources.

BINGO!

And this is EXACTLY the problem with your suggestion. You are  
RETROACTIVELY CHANGING THE LICENCE!


As has been pointed out elsewhere, this will have the effect of  
making what was legal, illegal. What happens if v4 comes out and Joe  
Bloggs never hears about it? He was happily distributing under v3  
perfectly legally, now he's happily distributing under v3 ILLEGALLY.


As with all copyrights, one will have to check with the owner of the  
copyright the conditions valid at the distribution conditions are at  
the time of distribution. Recall that nowadays copyrightable material  
becomes copyrighted without any copyright notice or registration.


The idea with a copyright license is to simplify the procedure.

I'm not a lawyer, but if I came across v2 or latest wording, my  
advice would be to treat it as v2 only because to do anything else  
IS TOO DANGEROUS. So your wording is self-defeating because no sane  
distributor would dare take advantage of the or latest clause.


That seems to be the case: at least for new restrictions, or later  
essentially useless.


So it is probably simplest to just update the license when you have  
time. All these GPLs are probably reasonable for LilyPond


  Hans




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Re: Overview of copyright issues

2009-09-10 Thread Reinhold Kainhofer
-BEGIN PGP SIGNED MESSAGE-
Hash: SHA1

Am Donnerstag, 10. September 2009 09:30:57 schrieb Hans Aberg:
  I'm not a lawyer, but if I came across v2 or latest wording, my
  advice would be to treat it as v2 only because to do anything else
  IS TOO DANGEROUS. So your wording is self-defeating because no sane
  distributor would dare take advantage of the or latest clause.

 That seems to be the case: at least for new restrictions, or later
 essentially useless.

No, it's rather essential. Imagine someone wants to create a fork of LilyPond, 
where he directly links to gs instead of calling the binary. He'll be out of 
luck, because gs is GPL v3(+?), while LilyPond is GPL v2only. The or later 
allows to link GPL v3 libraries...


 So it is probably simplest to just update the license when you have
 time. All these GPLs are probably reasonable for LilyPond

You can't simply go around and change licenses, unless you are the copyright 
holder! That's the paperwork that is needed: Every contributor, who has until 
now contributes as GPL v2only, needs to agree to change his/her contributions 
to GPL v2+. Unless you track down every substantial contributor (git helps in 
that regard), LilyPond can't switch to GPL v2+.

Cheers,
Reinhold

- -- 
- --
Reinhold Kainhofer, reinh...@kainhofer.com, http://reinhold.kainhofer.com/
 * Financial  Actuarial Math., Vienna Univ. of Technology, Austria
 * http://www.fam.tuwien.ac.at/, DVR: 0005886
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Re: Overview of copyright issues

2009-09-10 Thread Hans Aberg

On 10 Sep 2009, at 09:42, Reinhold Kainhofer wrote:


Am Donnerstag, 10. September 2009 09:30:57 schrieb Hans Aberg:

I'm not a lawyer, but if I came across v2 or latest wording, my
advice would be to treat it as v2 only because to do anything else
IS TOO DANGEROUS. So your wording is self-defeating because no sane
distributor would dare take advantage of the or latest clause.


That seems to be the case: at least for new restrictions, or later
essentially useless.


No, it's rather essential. Imagine someone wants to create a fork of  
LilyPond,
where he directly links to gs instead of calling the binary. He'll  
be out of
luck, because gs is GPL v3(+?), while LilyPond is GPL v2only. The  
or later

allows to link GPL v3 libraries...


He link as he wish, as long as the distribution does not violate any  
individual terms.



So it is probably simplest to just update the license when you have
time. All these GPLs are probably reasonable for LilyPond


You can't simply go around and change licenses, unless you are the  
copyright

holder!


But you are the copyright owner of the LilyPond code.


That's the paperwork that is needed: Every contributor, who has until
now contributes as GPL v2only, needs to agree to change his/her  
contributions
to GPL v2+. Unless you track down every substantial contributor (git  
helps in

that regard), LilyPond can't switch to GPL v2+.


Why? Is there a GNU requirement? - My cursory reading of v3 did not  
find anything like that. Where does this idea come from?


  Hans




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Re: Overview of copyright issues

2009-09-10 Thread Anthony W. Youngman
In message eb078a48-7666-4486-bf94-a29a94abf...@math.su.se, Hans Aberg 
hab...@math.su.se writes
You can't simply go around and change licenses, unless you are the 
copyright

holder!


But you are the copyright owner of the LilyPond code.


Copyright belongs to the person who wrote the code (sometimes). There is 
no ONE owner of lilypond - it is spread amongst many.


Indeed I personally MIGHT own some copyright in lilypond! There's a good 
argument I do, it's a grey area!



That's the paperwork that is needed: Every contributor, who has until
now contributes as GPL v2only, needs to agree to change his/her 
contributions
to GPL v2+. Unless you track down every substantial contributor (git 
helps in

that regard), LilyPond can't switch to GPL v2+.


Why? Is there a GNU requirement? - My cursory reading of v3 did not 
find anything like that. Where does this idea come from?


It's nothing to do with GNU. It's the law.

Cheers,
Wol
--
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Re: Overview of copyright issues

2009-09-10 Thread Hans Aberg

On 10 Sep 2009, at 11:20, Anthony W. Youngman wrote:

You can't simply go around and change licenses, unless you are the  
copyright

holder!


But you are the copyright owner of the LilyPond code.


Copyright belongs to the person who wrote the code (sometimes).


Unless explicitly signed over to somebody else.


There is no ONE owner of lilypond - it is spread amongst many.

Indeed I personally MIGHT own some copyright in lilypond! There's a  
good argument I do, it's a grey area!


In GNU projects, the normal thing is that contributors sign a paper  
which is sent in to GNU that they donate the code to GNU.


That's the paperwork that is needed: Every contributor, who has  
until
now contributes as GPL v2only, needs to agree to change his/her  
contributions
to GPL v2+. Unless you track down every substantial contributor  
(git helps in

that regard), LilyPond can't switch to GPL v2+.


Why? Is there a GNU requirement? - My cursory reading of v3 did not  
find anything like that. Where does this idea come from?


It's nothing to do with GNU. It's the law.


Sorry. I thought you meant code from other projects.

But the situation is still the same: even if you haven't individually  
donated the code (i.e. signed over the copyright) to the collective  
GNU project called LilyPond, you can change the conditions of each  
part as the individual copyright owners give permission. When you  
distribute it, you need to make sure that the conditions of each part  
is fulfilled.


So say somebody (to make an explicit example) wants to make tivoized  
distribution of LilyPond. They then need to replace the v3 parts with  
something else, but can keep the v2 parts.


  Hans




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Re: Overview of copyright issues

2009-09-10 Thread Joseph Wakeling
Hans Aberg wrote:
 In GNU projects, the normal thing is that contributors sign a paper
 which is sent in to GNU that they donate the code to GNU.

Nope.

   For a program to be GNU software does not require transferring
   copyright to the FSF; that is a separate question. If you transfer
   the copyright to the FSF, the FSF will enforce the GPL for the
   program if someone violates it; if you keep the copyright,
   enforcement will be up to you.

from:
http://www.gnu.org/help/evaluation.html#whatmeans


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Re: Overview of copyright issues + Debian

2009-09-10 Thread Joseph Wakeling
Don Armstrong wrote:
 This is now my problem,[1] so I'll attempt to get it addressed at some
 point in the future. [I'd certainly like to see Lilypond at least
 clear up some of the issues so that the above can become correct.]

Hmm, I noted you were listed as the Debian maintainer on Launchpad's
Lilypond page, and brain went off: The same Don Armstrong as ... ?
Nice to have you involved in this discussion (and congratulations on
getting your PhD).

Disclaimer: I'm a relatively new contributor to (but long-time user of)
Lilypond, so what I say are my own thoughts and I don't speak for the
Lilypond developer community.

But, since I'm putting myself forward to try and deal with some of this,
any advice you can give would be very welcome.  From my point of view
the DFSG are a very nice benchmark against which to test code and doc
licensing and compatibility is an important aim.

 (There are a significant number of files distributed in lilypond which
 are under v2 or later, or v3 or later, as well as things like
 input/mutopia/claop.py, which isn't even Free Software, as it cannot
 be modified.[2])

If I'm not mistaken, isn't that file only used for a regression test?
How does that affect the situation?

 Furthermore, the licensing statement in COPYING is immensely
 ambiguous, as it only states GNU PUBLIC LICENSE without specifying a
 version, or anything.
 
  (1) All new files added to the code or docs must contain an
  unambiguous copyright AND licensing notice: I suggest in this
  case GPLv2 or later for code, and the GFDL 1.1 or later for
  docs.
 
 I'd personally prefer it if documentation was at least licensed under
 the same license as the code to allow for easily inclusion of code
 examples (and to obviate the problems I [and Debian] have with
 specific aspects of the GFDL.) It certainly can be dual licensed under
 GFDL = v1.1 + GPL = v2, though.

AFAIK the docs have always been GFDLv1.1 -- I don't think we can
unilaterally relicense them.  Can you clarify the particular issue with
GFDL?  I thought the Debian consensus was that GFDL is OK as long as
there are no invariant sections.

What does GPL imply for docs?  Would it mean e.g. that someone who
distributes a PDF of the Learning Manual would have to also be prepared
to provide Texinfo sources?

  (1) How well have the copyright notices for individual files been
  maintained?
 
 As near as I can tell, they haven't been maintained at all. Very few
 of them actually have the boilerplate that they should have, which
 makes this kind of thing very difficult.
 
 But by all means, please help work on this. It'll certainly make my
 life easier when I have to go through and audit the code for inclusion
 in Debian (which I naïvely assumed had already been done before I took
 over maintenance.)

What I have noted is that copyright dates have been updated but I'm not
clear whether author names have.

What I propose is that I maintain a separate branch of the code (but
keep pulling/rebasing against the Lilypond master) to insert appropriate
copyright and licensing notices.  git blame should help to give a better
idea of who has contributed to what, so I can fire of queries to authors
where necessary.

What would be good is if as many contributors as possible can reply to
this email just to OK (i) my putting copyright/licensing notices in the
files they have contributed to and (ii) their licensing preferences for
their contributions:

-- for code, GPLv2 only or GPLv2 or later;

-- for docs, GFDLv1.1 or later and/or GPLv2 or later;

-- freer licenses (BSD/MIT-style, or donated to the public domain).

I think that snippets are already public domain since it's a condition
of submission to LSR.

I have Han-Wen's OK already for his contributions, but would like
others. :-)

Now, future policies -- I would suggest new contributions be requested
to follow these rules:

-- for code, GPLv2 or later or a more liberal compatible license;

-- for docs, GFDLv1.1 or later/GPLv2 or later dual license (or
   more liberal compatible license);

-- when altering a file that already exists, use the same license
   as for the rest of that file (so if someone contributes a code
   file under a BSD/MIT-esque license, anyone who adds to that file
   uses the same);

-- patches that make a significant alteration to a file should add
   the author's name to the copyright notice

-- new files should be required to carry a copyright and licensing
   notice when added to the source code.

Note that if all this goes OK, we should then be OK to unilaterally
upgrade to GPLv3 (if that's desired).

Does this sound good to everyone?

Best wishes,

-- Joe


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Re: Overview of copyright issues

2009-09-10 Thread Hans Aberg

On 10 Sep 2009, at 14:46, Joseph Wakeling wrote:


In GNU projects, the normal thing is that contributors sign a paper
which is sent in to GNU that they donate the code to GNU.


Nope.

  For a program to be GNU software does not require transferring
  copyright to the FSF; that is a separate question. If you transfer
  the copyright to the FSF, the FSF will enforce the GPL for the
  program if someone violates it; if you keep the copyright,
  enforcement will be up to you.

from:
http://www.gnu.org/help/evaluation.html#whatmeans


You do not have to have to sign it over to FSF, obviously, since  
nobody can force you to give away what you own.


But that is how it is done on projects like Bison. Whenever new  
contributors show up, they are asked to sign a paper and send it in to  
FSF.


  Hans




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Re: Overview of copyright issues + Debian

2009-09-10 Thread Travis Briggs
The source material could be public domain, but the snippet itself is
a 'derivative work' and is thus under the copyright of whoever made
it.

-Travis

On Thu, Sep 10, 2009 at 9:28 AM, Valentin Villenave
v.villen...@gmail.com wrote:
 On Thu, Sep 10, 2009 at 3:10 PM, Joseph Wakeling
 joseph.wakel...@webdrake.net wrote:
 What I propose is that I maintain a separate branch of the code (but
 keep pulling/rebasing against the Lilypond master) to insert appropriate
 copyright and licensing notices.  git blame should help to give a better
 idea of who has contributed to what, so I can fire of queries to authors
 where necessary.

 Good luck with that :)

 What would be good is if as many contributors as possible can reply to
 this email just to OK (i) my putting copyright/licensing notices in the
 files they have contributed to and (ii) their licensing preferences for
 their contributions:

 OK for my contributions. or later clause OK as well.

 I think that snippets are already public domain since it's a condition
 of submission to LSR.

 public domain is not a license. That would be
 http://en.wikipedia.org/wiki/WTFPL :-)

 Regards,
 Valentin


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Re: Overview of copyright issues + Debian

2009-09-10 Thread Reinhold Kainhofer
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Am Donnerstag, 10. September 2009 16:21:34 schrieb Jan Nieuwenhuizen:
 Op donderdag 10-09-2009 om 15:28 uur [tijdzone +0200], schreef Valentin

 Villenave:
  On Thu, Sep 10, 2009 at 3:10 PM, Joseph Wakeling
 
  joseph.wakel...@webdrake.net wrote:
   What would be good is if as many contributors as possible can reply to
   this email just to OK (i) my putting copyright/licensing notices in the
   files they have contributed to and (ii) their licensing preferences for
   their contributions:
 
  OK for my contributions. or later clause OK as well.

 OK for my contributions. or later clause OK as well.

OK my contributions, or later clause OK as well. 
(For Documentation/lilypond-texi2html.init I'm already using GPL v2+, btw).

Cheers,
Reinhold


- -- 
- --
Reinhold Kainhofer, reinh...@kainhofer.com, http://reinhold.kainhofer.com/
 * Financial  Actuarial Math., Vienna Univ. of Technology, Austria
 * http://www.fam.tuwien.ac.at/, DVR: 0005886
 * LilyPond, Music typesetting, http://www.lilypond.org
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Re: Overview of copyright issues + Debian

2009-09-10 Thread Anthony W. Youngman
In message 4aa8fadd.5050...@webdrake.net, Joseph Wakeling 
joseph.wakel...@webdrake.net writes

Now, future policies -- I would suggest new contributions be requested
to follow these rules:

   -- for code, GPLv2 or later or a more liberal compatible license;


NO NO NO.

Some people are likely to be unhappy with or later.

The requirement should be compatible with GPLv2 *AND* GPLv3. But 
*don't* demand compatibility with licences yet to be written ie 
GPLv3.1, GPLv4 etc. By all means ask for it, but don't demand it.


   -- for docs, GFDLv1.1 or later/GPLv2 or later dual license (or
  more liberal compatible license);


GFDL must be with no invariant sections. While the FSF may want 
invariant sections, it's meant for political diatribes. Do we *really* 
want chunks of documentation that we can't update as lilypond changes? 
There is NO REASON WHATSOEVER for having invariant sections in what is 
real documentation, and every reason for NOT having them.


   -- when altering a file that already exists, use the same license
  as for the rest of that file (so if someone contributes a code
  file under a BSD/MIT-esque license, anyone who adds to that file
  uses the same);


Yup. Use the word should rather than must, however - see below.


   -- patches that make a significant alteration to a file should add
  the author's name to the copyright notice

Along with the author's licence - if the significant alteration is 
tantamount to a major rewrite, they might want to change the licence. 
And if the resulting file is mostly their work, then why shouldn't they?


Or they might add a completely new function that belongs in that file, 
but is self-contained and worthy of its own licence.


Or if the file is v2 or v3, the author might want to use the more lax 
v2 or later.


Obviously, the licence applied to the patch MUST be fully compatible 
with the main licence applied to the file. If the patch author wants 
to apply a GPL patch to a BSD-MIT file, that would only be acceptable 
under the major rewrite reasoning because it's actually changing the 
main licence on the file.



   -- new files should be required to carry a copyright and licensing
  notice when added to the source code.


Yup. Basically, any code more significant than bug-fixes, for which the 
author can reasonably claim copyright, then copyright should be claimed 
(or explicitly disclaimed).


Note that if all this goes OK, we should then be OK to unilaterally
upgrade to GPLv3 (if that's desired).


Makes sense.


Does this sound good to everyone?


Pretty much.

Cheers,
Wol
--
Anthony W. Youngman - anth...@thewolery.demon.co.uk



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Re: Overview of copyright issues + Debian

2009-09-10 Thread Reinhold Kainhofer
-BEGIN PGP SIGNED MESSAGE-
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Am Donnerstag, 10. September 2009 17:12:42 schrieb Anthony W. Youngman:
 In message 4aa8fadd.5050...@webdrake.net, Joseph Wakeling
 joseph.wakel...@webdrake.net writes

 Now, future policies -- I would suggest new contributions be requested
 to follow these rules:
 
 -- for code, GPLv2 or later or a more liberal compatible license;

 NO NO NO.

 Some people are likely to be unhappy with or later.

 The requirement should be compatible with GPLv2 *AND* GPLv3. 

... So we'll have the same problem again in some years... By then it will be 
even harder tracking down all contributors, who submitted a patch years ago...



 -- for docs, GFDLv1.1 or later/GPLv2 or later dual license (or
more liberal compatible license);

 GFDL must be with no invariant sections. While the FSF may want
 invariant sections, it's meant for political diatribes. Do we *really*
 want chunks of documentation that we can't update as lilypond changes?
 There is NO REASON WHATSOEVER for having invariant sections in what is
 real documentation, and every reason for NOT having them.

Huh? nobody ever spoke of adding invariant sections. I though it was clear 
that our docs would not have invariant sections..


 -- when altering a file that already exists, use the same license
as for the rest of that file (so if someone contributes a code
file under a BSD/MIT-esque license, anyone who adds to that file
uses the same);

 Yup. Use the word should rather than must, however - see below.

See the introduction before the list: ... be requested to follow these 
rules...


 -- patches that make a significant alteration to a file should add
the author's name to the copyright notice

 Along with the author's licence - if the significant alteration is
 tantamount to a major rewrite, they might want to change the licence.
 And if the resulting file is mostly their work, then why shouldn't they?

Because they are not allowed by copyright law. They cannot change the license 
if the file is only mostly their work. They can only change the license if 
the file is SOLELY their work.

Cheers,
Reinhold
- -- 
- --
Reinhold Kainhofer, reinh...@kainhofer.com, http://reinhold.kainhofer.com/
 * Financial  Actuarial Math., Vienna Univ. of Technology, Austria
 * http://www.fam.tuwien.ac.at/, DVR: 0005886
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Re: Overview of copyright issues + Debian

2009-09-10 Thread Joseph Wakeling
Reinhold Kainhofer wrote:
 Because they are not allowed by copyright law. They cannot change the license 
 if the file is only mostly their work. They can only change the license if 
 the file is SOLELY their work.

Well, technically they can release their bit of the file under their own
license, as long as it is compatible with the original.  What they can't
do is unilaterally rewrite the license for the whole file (see the whole
mess last year when some guy working on the Linux kernel rewrote the
licensing notice for a file copied from the BSD kernel).

Having a 'one license per file' rule just makes things simpler, is all.


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Re: Overview of copyright issues + Debian

2009-09-10 Thread Joseph Wakeling
Travis Briggs wrote:
 The source material could be public domain, but the snippet itself is
 a 'derivative work' and is thus under the copyright of whoever made
 it.

What I recall from submitting to LSR was that I was asked to agree that
by submitting this snippet, I was (a) consigning it to the public domain
and (b) had the right to do so.

As Valentin says, public domain is not a license, but public domain is
arguably the optimal copyright status for most musical examples given in
the documentation.


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Re: Overview of copyright issues + Debian

2009-09-10 Thread Don Armstrong
On Thu, 10 Sep 2009, Joseph Wakeling wrote:
 Don Armstrong wrote:
  (There are a significant number of files distributed in lilypond
  which are under v2 or later, or v3 or later, as well as things
  like input/mutopia/claop.py, which isn't even Free Software, as it
  cannot be modified.[2])
 
 If I'm not mistaken, isn't that file only used for a regression
 test? How does that affect the situation?

It doesn't really change the situation for me, as I have to strip it
out of the tarball, but it presumably doesn't affect the binary
packages that I distribute.

That's because everything Debian distributes has to satisfy the DFSG;
whether that's an issue for you all is for you all to decide. [What
would be really super for me is if during this process, those files
which had non-free licenses were identified (and a conscious effort
was made to identify any new ones) so that I could easily remove
them.]
 
  I'd personally prefer it if documentation was at least licensed
  under the same license as the code to allow for easily inclusion
  of code examples (and to obviate the problems I [and Debian] have
  with specific aspects of the GFDL.) It certainly can be dual
  licensed under GFDL = v1.1 + GPL = v2, though.
 
 AFAIK the docs have always been GFDLv1.1 -- I don't think we can
 unilaterally relicense them. Can you clarify the particular issue
 with GFDL? I thought the Debian consensus was that GFDL is OK as
 long as there are no invariant sections.

Right. There are some other bits of the GFDL that I personally don't
like too, but so long as there aren't invariant sections it's ok.

 What does GPL imply for docs? Would it mean e.g. that someone who
 distributes a PDF of the Learning Manual would have to also be
 prepared to provide Texinfo sources?

What I'm suggesting is that they be dual-licensed, so that someone who
wanted to comply with the GFDL could do so, and alternatively, they
could comply with the GPL instead. If they were *only* under the GPL,
you're correct that someone distributing a PDF would also have to be
prepared to provide the source code. [Though, under the GFDL, you may
need to if you are copying in quantity, since the PDF is probably
Opaque.]


Don Armstrong

-- 
Americans can always be counted on to do the right thing, after they
have exhausted all other possibilities.
 -- W. Churchill

http://www.donarmstrong.com  http://rzlab.ucr.edu


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Re: Overview of copyright issues

2009-09-10 Thread Graham Percival
Mao, I missed the flamewar.  I'm very disappointed that this
happened without me.  :(


On Wed, Sep 09, 2009 at 06:04:17PM +0200, Joseph Wakeling wrote:
(3) Individual code files contain copyright notices but not licensing
notices.  It's not clear if these notices have been maintained
beyond updating the date -- have author names been persistently
added where appropriate?

No.

(4) Individual documentation source files (.itely files) in general
contain neither copyright notices nor licensing notices.

The manuals include the FDL, so I'd argue that it's clear that the
sources are under the same license.  I'd argue the same about the
source files, actually.

(5) We have a full list of contributors to Lilypond but need to have
PAPER documentation giving their permission to change the license
of the code/documentation they wrote.

Yes.  Including people for whom we lost contact 10 years ago, and
including the heir(s) of Rune Zedeler, who passed away last year.

Are you offering to track down those people?  And write to his
family to find out who owns his software (I'm sure they won't
know), and ask for their permission?  How good's your German, by
the way?  I have no clue if his family speaks English well enough
to understand the nuances of GPLv2 vs. GPLv3.  Or at least the
notation of changing a software license, where both licenses
essentially say the same thing[1].

[1]  yes, you and I know the differences, but normal people have a
hard enough concept with I'll share this software with you if you
share it with others.

   (i) a Debian copyright file for the package, apparently last
   updated in 2004, stating that Lilypond is 'v2 or later'

Mispresenting a license is a serious issue, but evidently the
Debian maintainer is aware and is fixing it.

  (ii) the fact that the Lilypond COPYING file, while describing
   the licensing situation accurately, does so in non-
   standard language (people expect to see the statement
   recommended in the GPL appendix, which allows for
   unambiguous distinction between 'vN or later' or 'vN')

Really?  Line 22 says Version 2, June 1991 to me.  How exactly
do you propose to change the COPYING file?

   (v) the link on the main page which (still) points to the
   text of GPLv3 on gnu.org (and has ever since v3 was
   released -- the first message pointing out this
   discrepancy was sent to the -devel mailing list over
   2 years ago!).

This is fixed on the new website.


 In addressing this there are several policies that can be put in place NOW:
 
(1) All new files added to the code or docs must contain an
unambiguous copyright AND licensing notice: I suggest in this
case GPLv2 or later for code, and the GFDL 1.1 or later for docs.

I really don't see why we MUST do this.  Is there any legal
requirement that every single file contain the license?  I'm not
aware of any.  Material is copyright by default.

(2) Contributors of new material to existing files should add
copyright/licensing notices *for their contributions*, again with
appropriate 'or later' bits.

That's going to get ridiculous.  We should add a name for each
one-line bugfix?

 Questions:
 
(1) How well have the copyright notices for individual files been
maintained?

Not.

  Do they refer only to original authors of files
or all authors over that file's history?  (More precisely: is
there not just a list of who contributed to LP but also who
wrote exactly what?)

Original authors of files.  Look at the git log for more details.

(2) Is there a preference for transferring copyright to some third
party (either the FSF or some LP-dedicated organisation)?  If
not, it seems a good idea for future contributions to LP to be
'or later', as it avoids a repeat of this issue in the future.

This has been discussed privately, and might occur if the
copyright-fixing issue is undertaken seriously.


 OK, I think that's the lot.  Thoughts/disagreements/comments anyone?

Yes, I disagree.  You've done a lot of demanding.  Tracking down
everybody, especially getting informed consent from the families
of deceased contributor(s), will be a huge amount of work.

I repeat what I said to somebody (maybe you) on -user a day or two
ago: are you prepared to do something like 50 hours of work on
this?  Or are you just blowing smoke?  If you're willing to spend
the time to organize everything, then I'll do my part.

This will be a long, hard, painful process.  First you need to
figure out how contributed stuff.  After doing the obvious stuff
from git and old CVS changelogs, you'll probably start asking
various people for email addresses.  I'm willing to look for
those, but I'm not going to treat it as a priority -- I have at
least 50 

Re: Overview of copyright issues + Debian

2009-09-10 Thread Anthony W. Youngman
In message 200909101742.10364.reinh...@kainhofer.com, Reinhold 
Kainhofer reinh...@kainhofer.com writes

Am Donnerstag, 10. September 2009 17:12:42 schrieb Anthony W. Youngman:

In message 4aa8fadd.5050...@webdrake.net, Joseph Wakeling
joseph.wakel...@webdrake.net writes

Now, future policies -- I would suggest new contributions be requested
to follow these rules:

-- for code, GPLv2 or later or a more liberal compatible license;

NO NO NO.

Some people are likely to be unhappy with or later.

The requirement should be compatible with GPLv2 *AND* GPLv3.


... So we'll have the same problem again in some years... By then it will be
even harder tracking down all contributors, who submitted a patch years ago...

Hopefully we won't. Hopefully contributors will use the or later 
version.


But the problem with *demanding* or later is that you are *forcing* 
potential contributors to give the FSF carte blanche to relicence their 
work. Why should I, having given long and careful thought to the licence 
I want for my code, allow other people to change those terms without as 
much as a by your leave? I'm not saying I agree with Linus, but he has 
his reasons for licencing Linux as v2 only, and I'm sure there'll be 
people who think he has a valid point!




-- for docs, GFDLv1.1 or later/GPLv2 or later dual license (or
   more liberal compatible license);

GFDL must be with no invariant sections. While the FSF may want
invariant sections, it's meant for political diatribes. Do we *really*
want chunks of documentation that we can't update as lilypond changes?
There is NO REASON WHATSOEVER for having invariant sections in what is
real documentation, and every reason for NOT having them.


Huh? nobody ever spoke of adding invariant sections. I though it was clear
that our docs would not have invariant sections..

Not to me it wasn't! The original proposal was GFDL for documentation 
with no reference whatsoever to invariant sections, for or against.



-- when altering a file that already exists, use the same license
   as for the rest of that file (so if someone contributes a code
   file under a BSD/MIT-esque license, anyone who adds to that file
   uses the same);

Yup. Use the word should rather than must, however - see below.


See the introduction before the list: ... be requested to follow these
rules...


-- patches that make a significant alteration to a file should add
   the author's name to the copyright notice

Along with the author's licence - if the significant alteration is
tantamount to a major rewrite, they might want to change the licence.
And if the resulting file is mostly their work, then why shouldn't they?


Because they are not allowed by copyright law. They cannot change the license
if the file is only mostly their work. They can only change the license if
the file is SOLELY their work.

Sorry - you're wrong there. If the original licence is MIT, and the 
rewrite is GPL, then copyright law DOES allow them to change the licence 
DESPITE the file not being all (or even mostly!) their own work. I don't 
think we should allow a minor GPL change to change the licence for a 
MIT/BSD file, but it's okay if it's actually a major rewrite.



Going back to an earlier point of yours - See the introduction before 
the list: ... be requested to follow these rules... - that wasn't 
clear.


I think we should drop that be requested (I never saw it ...) and 
write the rules in rfc-style-speak.


Eg

Licencing: the licence on any contribution MUST be compatible with 
GPLv2 and GPLv3. The PREFERRED licence is GPLv2 or later or something 
more liberal such as MIT/BSD


Otherwise it will be perfectly okay - because it says be requested - 
for people to STILL TODAY contribute GPLv2-only code! And where will the 
move to v3 go then?


Cheers,
Wol
--
Anthony W. Youngman - anth...@thewolery.demon.co.uk



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Re: Overview of copyright issues

2009-09-10 Thread Graham Percival
On Thu, Sep 10, 2009 at 12:36:08AM +0200, Joseph Wakeling wrote:
 Han-Wen Nienhuys wrote:
  I think having to sign paperwork (esp. having your employer sign
  something) is something that puts a big barrier up for potential
  contributors.  I am not sure it is worth the effort.
 
 I would not want to see users in general having to sign a contributor
 agreement or any such.  What does seem like a good idea is moving
 existing code from 'v2 only' to 'v2 or later' (or v3 if desired),

Not users, but contributors.  The problem is if somebody emails a
patch to a file, can we assume that they're willing to license
their patch under that license?

Morally, yes we can.  By current practice in most open-source
projects, yes we can.  By current practice in *some* open-source
projects (IIRC bison and gcc), no we cannot.

By actual strict legality... who knows?  It's possible that a
one-line bugfix that adds a missing ;  (if somebody changed a C
file without even trying to compile it)  still counts as copyright
material, and would strictly speaking require a signed paper
letter licensing that intellectual property under the GPL.

Honestly, I'm sure that not even lawyers know the answer to the
above question.  And I'm *also* sure that the answer depends on
which country you're in.  Or rather, which countries the
contributor lives in, reviewer lives in, or maybe which countries
they are current residing or visiting, where the source is hosted,
files are downloaded... honestly, international copyright law is a
total mess, and is woefully unprepared for the kinds of
collaboration that the internet allows / promotes.


In some ways, I hope this *doesn't* get resolved in the near
future.  The longer we wait, the more (current) youth will be
around, and thus the more liberal the copyright will be.  It's no
coincidence that the Pirate Party does so well with younger
voters!  People who have grown up with the internet generally
have a different view of copyright than those over 40.

Cheers,
- Graham


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Re: Overview of copyright issues

2009-09-10 Thread Graham Percival
On Wed, Sep 09, 2009 at 03:36:39PM -0700, Don Armstrong wrote:
 (There are a significant number of files distributed in lilypond which
 are under v2 or later, or v3 or later, as well as things like
 input/mutopia/claop.py, which isn't even Free Software, as it cannot
 be modified.[2])

I'm not aware of any v3 or later items.  As for claop.py, I'm
quite willing to ditch it.  Yes, it's a cool example, but it
doesn't need to live in the actual lilypond sources.  A link to
some webpage would be sufficient.

I've already nixed several nice examples for the new website by
demanding that they be either FDL or Creative Commons.

Cheers,
- Graham


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Re: Overview of copyright issues + Debian

2009-09-10 Thread Graham Percival
On Thu, Sep 10, 2009 at 03:10:53PM +0200, Joseph Wakeling wrote:
  (There are a significant number of files distributed in lilypond which
  are under v2 or later, or v3 or later, as well as things like
  input/mutopia/claop.py, which isn't even Free Software, as it cannot
  be modified.[2])
 
 If I'm not mistaken, isn't that file only used for a regression test?
 How does that affect the situation?

It's still in the source tree, and thus should be removed before
Debian redistributes it.

  I'd personally prefer it if documentation was at least licensed under
  the same license as the code to allow for easily inclusion of code
  examples (and to obviate the problems I [and Debian] have with
  specific aspects of the GFDL.) It certainly can be dual licensed under
  GFDL = v1.1 + GPL = v2, though.
 
 AFAIK the docs have always been GFDLv1.1 -- I don't think we can
 unilaterally relicense them.

Docs have always been FDLv1.1 or later.  I was thinking about
unilaterially changing them to FDLv1.3 or later, as soon as I've
got GUB working.

Cheers,
- Graham


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Re: Overview of copyright issues

2009-09-10 Thread Han-Wen Nienhuys
On Thu, Sep 10, 2009 at 7:02 PM, Graham Percival
gra...@percival-music.ca wrote:
 Mao, I missed the flamewar.  I'm very disappointed that this
 happened without me.  :(

The reason that I am against changing anything beyond making existing
terms clearer is that it generates a huge amount of legal
hypothesizing by non-lawyers, distracting people that actually produce
contributions.

-- 
Han-Wen Nienhuys - han...@xs4all.nl - http://www.xs4all.nl/~hanwen


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Re: Overview of copyright issues + Debian

2009-09-10 Thread Graham Percival
On Thu, Sep 10, 2009 at 11:07:06PM +0100, Anthony W. Youngman wrote:
 In message 200909101742.10364.reinh...@kainhofer.com, Reinhold  
 Kainhofer reinh...@kainhofer.com writes
 ... So we'll have the same problem again in some years... By then it will be
 even harder tracking down all contributors, who submitted a patch years 
 ago...

 Hopefully we won't. Hopefully contributors will use the or later  
 version.

 But the problem with *demanding* or later is that you are *forcing*  
 potential contributors to give the FSF carte blanche to relicence their  
 work. Why should I, having given long and careful thought to the licence  
 I want for my code, allow other people to change those terms without as  
 much as a by your leave? I'm not saying I agree with Linus, but he has  
 his reasons for licencing Linux as v2 only, and I'm sure there'll be  
 people who think he has a valid point!

Sweet Mao, I actually agree with Anthony about something!  :)

Yeah, I've always been troubled by this.  I think[1] that
technically, if somebody assasinated enough FSF members, and/or
bought a million FSF memberships or whatever... whatever would be
required to replace the current board with their minions... they
could release a GPLv4 that states all your base are belong to us,
and that source code can be used by SCO in any way they see fit.

[1]  I haven't looked into the actual mechanisms behind the or
later clause, or the exact process by which the FSF chooses new
board members.  It would make an *awesome* webcomic, though...
maybe I should so some research into this, find somebody to draw
the thing, and create an *awesome* comic about valient open-source
developers fighting against such a take-over of the FSF.  I could
write an *awesome* story for that comic.


Hey, Valentin?  You're not really busy these days, are you?  And
your little lilypond note icon is cute.  Want to make a webcomic
together?  ;)

Cheers,
- Graham


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Re: Overview of copyright issues

2009-09-10 Thread Carl Sorensen



On 9/10/09 4:02 PM, Graham Percival gra...@percival-music.ca wrote:

 Mao, I missed the flamewar.  I'm very disappointed that this
 happened without me.  :(
 
 
 On Wed, Sep 09, 2009 at 06:04:17PM +0200, Joseph Wakeling wrote:
 
 3)  If we can't find some people, or if they don't agree to
 whatever relicense/assignment, then we eliminate their patches and
 rewrite that material.
 
 This could involve a non-trivial amount of extra work, but at
 least it's legally sound.  This also gives you an order to ask
 people -- identify the most active / biggest contributors, and get
 them on board first.  If 95% of the code+docs is covered, then
 it's more feasible to undertake the project.  I mean, if worst
 comes to worst, we can just rewriting the stuff from the missing
 people.
 

It seems to me that there's a very easy, low-risk way to get started on a
potential move to 2+ (or 3+):  First ask the current active developers if
they are willing to license their contributions under 2+.  If any are not,
then it's basically a dead end path, and there's no sense going down it
(although it may be beneficial to clean up copyright and license
statements).

Realistically, I see that there is no chance that somebody will sue over
LilyPond -- there's nobody with any assets and there is a long record
(archived in mail lists) of the public development of LilyPond.

The main reason for having the GPL, IMO, is to prevent somebody from taking
the LilyPond codebase and selling a proprietary package.  And v2 seems to do
that sufficiently well.

But if this is something that Joe is willing to take a stab at, I say good
for you, Joe.

Carl



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Re: Overview of copyright issues + Debian

2009-09-10 Thread Graham Percival
On Thu, Sep 10, 2009 at 11:07:06PM +0100, Anthony W. Youngman wrote:
 In message 200909101742.10364.reinh...@kainhofer.com, Reinhold  
 Kainhofer reinh...@kainhofer.com writes
 ... So we'll have the same problem again in some years... By then it will be
 even harder tracking down all contributors, who submitted a patch years 
 ago...

 Hopefully we won't. Hopefully contributors will use the or later  
 version.

Oops, in my excitement over my *awesome* comic idea, I forgot the
serious answer.

One option would be to ask contributors to assign their copyright
to a LilyPond Foundation, under the assumption that this
foundation would choose the best license for LilyPond.
Potentially even a non-GPL license, if a nicer license with
similar terms comes along.  This would avoid the relicensing
issue.

Of course, this plan is also weak against the assassinate all
members of the (lilypond) foundation plot.

Cheers,
- Graham maybe I should stop watching spy thrillers Percival



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Re: Overview of copyright issues

2009-09-10 Thread Graham Percival
On Thu, Sep 10, 2009 at 04:37:46PM -0600, Carl Sorensen wrote:
 
 On 9/10/09 4:02 PM, Graham Percival gra...@percival-music.ca wrote:
 
  On Wed, Sep 09, 2009 at 06:04:17PM +0200, Joseph Wakeling wrote:
  
  3)  If we can't find some people, or if they don't agree to
  whatever relicense/assignment, then we eliminate their patches and
  rewrite that material.
 
 The main reason for having the GPL, IMO, is to prevent somebody from taking
 the LilyPond codebase and selling a proprietary package.  And v2 seems to do
 that sufficiently well.

Yes, but then the FSF went and royally screwed us by making GPLv3
incompatible with v2.  For an organization that's supposed to
encourage openness and collaboration, this was MONUMENTALLY
stupid.  At some point, we'll have to spend hours and hours either
working around the license, or abandoning working code+docs just
because it was written 10 years ago under the then-best license
(i.e. v2).

Ok, the ghostscript GPLv3 isn't an issue.  But what if guile
switches to v3?  And what if guile 1.10 or 2.0 or 3.0 (or
whatever) had some nice bugfixes, runs five times as fast, and
washes your car as well?  It would suck if we had to ignore all
those bugfixes (and clean cars) because it was v3 and we couldn't
link to it.  It would suck slightly less if we had to write some
wrapper code under v2/v3 to expose the pubic interface or whatever
it is that people who do this kind of stuff do.  I don't have that
kind of a hobby.  :)

If it was an incompatibility of BSD-software wanting to use a
GPL-library, there's no contest.  Obviously the BSD-software
either relicenses to GPL, or finds/writes their own library.  But
an incompatibility between GPLv3 and v2 like this is just stupid.
:/

Cheers,
- Graham


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Re: Overview of copyright issues

2009-09-10 Thread Joseph Wakeling
Graham Percival wrote:
 Mao, I missed the flamewar.  I'm very disappointed that this
 happened without me.  :(

:-)

 The manuals include the FDL, so I'd argue that it's clear that the
 sources are under the same license.  I'd argue the same about the
 source files, actually.

This is basically about good (unambiguous) practice as far as I'm
concerned (see e.g. GNU project guidelines).

 Yes.  Including people for whom we lost contact 10 years ago, and
 including the heir(s) of Rune Zedeler, who passed away last year.
 
 Are you offering to track down those people?  And write to his
 family to find out who owns his software (I'm sure they won't
 know), and ask for their permission?  How good's your German, by
 the way?  I have no clue if his family speaks English well enough
 to understand the nuances of GPLv2 vs. GPLv3.  Or at least the
 notation of changing a software license, where both licenses
 essentially say the same thing[1].
 
 [1]  yes, you and I know the differences, but normal people have a
 hard enough concept with I'll share this software with you if you
 share it with others.

Yes, I'm prepared at some point to attempt this task.  That's not a
cop-out; it's just that I want to see how much we can do _without_ that
tracking-down before I go down that particular difficult route.  More on
that to follow.

 Really?  Line 22 says Version 2, June 1991 to me.  How exactly
 do you propose to change the COPYING file?

I propose to add text closer to the statement recommended by the FSF/GNU
foundation and by the GPL itself:

GNU Lilypond is free software; you can redistribute it and/or modify
it under the terms of version 2 of the GNU General Public License as
published by the Free Software Foundation.

... plus some further explanatory text that will probably be close to
what the existing file says.  Perhaps also a line emphasising the
licensing situation (i.e. v2 only) as the Linux kernel COPYING file
does, and a note explaining how we are attempting to change the
licensing situation.

   (v) the link on the main page which (still) points to the
   text of GPLv3 on gnu.org (and has ever since v3 was
   released -- the first message pointing out this
   discrepancy was sent to the -devel mailing list over
   2 years ago!).
 
 This is fixed on the new website.

But not on the current one, which is still live ... :-)

 In addressing this there are several policies that can be put in place NOW:

(1) All new files added to the code or docs must contain an
unambiguous copyright AND licensing notice: I suggest in this
case GPLv2 or later for code, and the GFDL 1.1 or later for docs.
 
 I really don't see why we MUST do this.  Is there any legal
 requirement that every single file contain the license?  I'm not
 aware of any.  Material is copyright by default.

Sure; this is just a useful policy to have (and maintain) because it
clarifies the licensing situation on a file-by-file basis.

(2) Contributors of new material to existing files should add
copyright/licensing notices *for their contributions*, again with
appropriate 'or later' bits.
 
 That's going to get ridiculous.  We should add a name for each
 one-line bugfix?

No.  My statement was not clear enough.  There are guidelines on this in
the 'Information for Maintainers of GNU Software':
http://www.gnu.org/prep/maintain/html_node/Legally-Significant.html#Legally-Significant

A change of just a few lines (less than 15 or so) is not legally
significant for copyright. A regular series of repeated changes,
such as renaming a symbol, is not legally significant even if the
symbol has to be renamed in many places. Keep in mind, however, that
a series of minor changes by the same person can add up to a
significant contribution. What counts is the total contribution of
the person; it is irrelevant which parts of it were contributed
when.


(1) How well have the copyright notices for individual files been
maintained?
 
 Not.
 
  Do they refer only to original authors of files
or all authors over that file's history?  (More precisely: is
there not just a list of who contributed to LP but also who
wrote exactly what?)
 
 Original authors of files.  Look at the git log for more details.

Yup, as I discovered after a few sessions with git annotate. :-)

(2) Is there a preference for transferring copyright to some third
party (either the FSF or some LP-dedicated organisation)?  If
not, it seems a good idea for future contributions to LP to be
'or later', as it avoids a repeat of this issue in the future.
 
 This has been discussed privately, and might occur if the
 copyright-fixing issue is undertaken seriously.

Personally I'm not in favour of copyright-transfer agreements, I think
they get in the way of contribution -- it's more important to have the
'or later' 

Re: Overview of copyright issues + Debian

2009-09-10 Thread Joseph Wakeling
Graham Percival wrote:
 Docs have always been FDLv1.1 or later.  I was thinking about
 unilaterially changing them to FDLv1.3 or later, as soon as I've
 got GUB working.

Great, that should simplify matters A LOT.  Where in the source tree is
the explicit statement of the 'or later' ... ?


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Re: Overview of copyright issues

2009-09-10 Thread Don Armstrong
On Thu, 10 Sep 2009, Graham Percival wrote:
 On Wed, Sep 09, 2009 at 03:36:39PM -0700, Don Armstrong wrote:
  (There are a significant number of files distributed in lilypond which
  are under v2 or later, or v3 or later, as well as things like
  input/mutopia/claop.py, which isn't even Free Software, as it cannot
  be modified.[2])
 
 I'm not aware of any v3 or later items. 

tex/txi-en.tex et al.

 As for claop.py, I'm quite willing to ditch it. Yes, it's a cool
 example, but it doesn't need to live in the actual lilypond sources.
 A link to some webpage would be sufficient.

There's also 

./input/cary.ly:  copyright = Copyright 2006 Trevor Bača - all rights 
reserved.

[I should note that I pulled all of these up using grep -Ri copyright;
they're certainly not exhaustive.]


Don Armstrong

-- 
Ban cryptography! Yes. Let's also ban pencils, pens and paper, since
criminals can use them to draw plans of the joint they are casing or
even, god forbid, create one time pads to pass uncrackable codes to
each other. Ban open spaces since criminals could use them to converse
with each other out of earshot of the police. Let's ban flags since
they could be used to pass secret messages in semaphore. In fact let's
just ban all forms of verbal and non-verbal communication -- let's see
those criminals make plans now!

http://www.donarmstrong.com  http://rzlab.ucr.edu


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Re: Overview of copyright issues

2009-09-10 Thread Valentin Villenave
On Fri, Sep 11, 2009 at 12:47 AM, Graham Percival
gra...@percival-music.ca wrote:
 wrapper code under v2/v3 to expose the pubic interface or whatever
 it is that people who do this kind of stuff do.  I don't have that
 kind of a hobby.  :)

What's that for a hobby? Exposing the pubic interface? Sounds a bit
hairy to me... :-)

By the way, how do you want your comic book? :-p

Cheers,
Valentin


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Re: Overview of copyright issues

2009-09-10 Thread Francisco Vila
I came up with a .mailmap file for our project that might be of help
on identifying unique contributors from git log even if they have
multiple email addresses.  I think it is not appropriate to show it
pubic[ahem] publicly; I'll send you it if you want.

 Main contributors are graphically visible from
http://paconet.org/lilypond-statistics/authors.html

Those stats are very old now.  It is easy to update them, ask for it
if you like them for something.

Are translations in the or later game?
-- 
Francisco Vila. Badajoz (Spain)
www.paconet.org
www.csmbadajoz.com


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Re: Overview of copyright issues

2009-09-10 Thread Francisco Vila
2009/9/11 Francisco Vila paconet@gmail.com:
 Those stats are very old now.

They are now up to date, just in case.

http://paconet.org/lilypond-statistics/

A pity that the .mailmap file is of no effect here.
-- 
Francisco Vila. Badajoz (Spain)
www.paconet.org
www.csmbadajoz.com


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Re: Overview of copyright issues

2009-09-09 Thread Hans Aberg

On 9 Sep 2009, at 18:04, Joseph Wakeling wrote:

In addressing this there are several policies that can be put in  
place NOW:


  (1) All new files added to the code or docs must contain an
  unambiguous copyright AND licensing notice: I suggest in this
  case GPLv2 or later for code, and the GFDL 1.1 or later for  
docs.


I think that the formulation should be GPL, v2 or latest, because  
otherwise those that want to redistribute the code can choose which  
version, which is not the intent - v3 is in fact more restrictive with  
respect to tivoization. Only one GPL should be applicable. The  
formulation or later is probably spilled usage when indicating which  
version can be used - then it means one can choose version.


This formulation also means that the distribution conditions may  
change, even though the copyright notice is not changed of a package,  
when new version of the GPL are issued. I think that is fully legal.


  Hans




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Re: Overview of copyright issues

2009-09-09 Thread Joseph Wakeling
Hans Aberg wrote:
 I think that the formulation should be GPL, v2 or latest, because
 otherwise those that want to redistribute the code can choose which
 version, which is not the intent - v3 is in fact more restrictive with
 respect to tivoization. Only one GPL should be applicable. The
 formulation or later is probably spilled usage when indicating which
 version can be used - then it means one can choose version.

The standard formulation, as advised in the GPL appendix which describes
how to apply the GPL to your programs, is

This program is free software; you can redistribute it and/or modify
it under the terms of the GNU General Public License as published by
the Free Software Foundation; either version 2 of the License, or
(at your option) any later version.

The whole point of this formulation is to give users of the program the
option to choose which version of the license they want to be bound by
if they redistribute or modify the code, and in particular to make it
easy for a project to upgrade the license OR NOT.

 This formulation also means that the distribution conditions may change,
 even though the copyright notice is not changed of a package, when new
 version of the GPL are issued. I think that is fully legal.

The problem with your formulation is that it is too restrictive.
Consider this scenario: a program is being distributed as 'GPLv2 or
latest' as you suggest.  Someone writes a GPLv3 program which links with
that code (as they are allowed to do at that point).  Now Version 4 of
the GPL is released.  Suddenly the person with the second program can no
longer keep linking to new releases of the first one, because 'GPLv2 or
latest' now means v2 or v4 and neither v2 nor v4 are compatible with v3.

It's a scenario that is completely undesirable.  'or later' basically is
about making sure that writers of programs using all future versions of
the GPL will have the right to link to or incorporate your code (as well
as being handy if, as a community, you decide you want to upgrade the
license).


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Re: Overview of copyright issues

2009-09-09 Thread Hans Aberg

On 9 Sep 2009, at 20:30, Joseph Wakeling wrote:


I think that the formulation should be GPL, v2 or latest, because
otherwise those that want to redistribute the code can choose which
version, which is not the intent - v3 is in fact more restrictive  
with

respect to tivoization. Only one GPL should be applicable. The
formulation or later is probably spilled usage when indicating  
which

version can be used - then it means one can choose version.


The standard formulation, as advised in the GPL appendix which  
describes

how to apply the GPL to your programs, is

   This program is free software; you can redistribute it and/or  
modify
   it under the terms of the GNU General Public License as published  
by

   the Free Software Foundation; either version 2 of the License, or
   (at your option) any later version.

The whole point of this formulation is to give users of the program  
the

option to choose which version of the license they want to be bound by
if they redistribute or modify the code, and in particular to make it
easy for a project to upgrade the license OR NOT.


You might check with the GNUers if it is the intention. It means that  
sources can be tivoized, even in the face of the new v3.


This formulation also means that the distribution conditions may  
change,
even though the copyright notice is not changed of a package, when  
new

version of the GPL are issued. I think that is fully legal.


The problem with your formulation is that it is too restrictive.
Consider this scenario: a program is being distributed as 'GPLv2 or
latest' as you suggest.  Someone writes a GPLv3 program which links  
with

that code (as they are allowed to do at that point).  Now Version 4 of
the GPL is released.  Suddenly the person with the second program  
can no
longer keep linking to new releases of the first one, because 'GPLv2  
or
latest' now means v2 or v4 and neither v2 nor v4 are compatible with  
v3.


Linking is always allowed if you make sure the interfaces are provided  
and other linking info is provided - copyright only controls  
distribution of the parts that makes it creatively unique, and v3  
seemed to have changed over v2 to bring that out. There is no legal  
requirement that the parts should have the same license.


It's a scenario that is completely undesirable.  'or later'  
basically is
about making sure that writers of programs using all future versions  
of
the GPL will have the right to link to or incorporate your code (as  
well

as being handy if, as a community, you decide you want to upgrade the
license).


But it has the effect that sources that formerly have been OK to  
distribute may not be so. For example, if they are tivoized, then when  
the GPL v3 now has arrived, the old sources cannot be tivoized, even  
if the package itself has not been changed.


On the other hand, the formulation or later means that new sources  
can be tivoized even if the new version v3 has been released, unless  
they explicitly mention v3.


It is a choice: when a new license is issued, if it is more  
restrictive, do you want it to apply or not?


I just point this difference out - do what you prefer.

  Hans




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Re: Overview of copyright issues

2009-09-09 Thread Matthias Kilian
On Wed, Sep 09, 2009 at 06:04:17PM +0200, Joseph Wakeling wrote:
 So, having read the past discussion and looked through source code etc.
 it seems like there are several general observations, some conclusions,
 and some questions.
 
 Observations:
 
(1) Lilypond isn't violating any copyright/license requirements.

So what's the point of this discussion?


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Re: Overview of copyright issues

2009-09-09 Thread Joseph Wakeling
Matthias Kilian wrote:
 On Wed, Sep 09, 2009 at 06:04:17PM +0200, Joseph Wakeling wrote:
 So, having read the past discussion and looked through source code etc.
 it seems like there are several general observations, some conclusions,
 and some questions.

 Observations:

(1) Lilypond isn't violating any copyright/license requirements.
 
 So what's the point of this discussion?

Part is that there's some general consensus that it would be nice to
move Lilypond to GPLv3, or at least to have the chance to do so.  Hence
some of the practical points on how to make that easier.

The other part is that there are some aspects of the way Lilypond code
and docs are managed with respect to licensing that are confusing or
problematic -- lack of licensing notices in source code, lack of
copyright or licensing notices in docs.  Those really should be fixed
and better practices established for maintaining them.  I would see that
as pretty urgent actually, far more important than the 'what license?'
question, because it relates to LP's ability to track who wrote what and
which conditions they made it available under.


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Re: Overview of copyright issues

2009-09-09 Thread Joseph Wakeling
Hans Aberg wrote:
 You might check with the GNUers if it is the intention. It means that
 sources can be tivoized, even in the face of the new v3.

It's GPLv2, and not the 'or later', that allows for tivoization -- but
you have to question whether this is a serious risk for Lilypond.

 Linking is always allowed if you make sure the interfaces are provided
 and other linking info is provided - copyright only controls
 distribution of the parts that makes it creatively unique, and v3 seemed
 to have changed over v2 to bring that out. There is no legal requirement
 that the parts should have the same license.

The parts need a compatible license if one links to the other.  GPLv2
and GPLv3 are not compatible licenses.  That's why the 'or later' is
important -- it allows that compatibility.

 But it has the effect that sources that formerly have been OK to
 distribute may not be so. For example, if they are tivoized, then when
 the GPL v3 now has arrived, the old sources cannot be tivoized, even if
 the package itself has not been changed.
 
 On the other hand, the formulation or later means that new sources can
 be tivoized even if the new version v3 has been released, unless they
 explicitly mention v3.

Again, the 'or later' has nothing to do with tivoization.  It's GPLv2
that allows for that possibility (which, again, is not likely).

If Lilypond does switch to GPLv3 I would strongly argue for a 'GPLv3 or
later' formulation, to avoid this problem arising again if a further GPL
revision is released.

I don't think it matters much whether Lilypond moves to GPLv3 because
most of the risks that GPLv3 is designed to obviate are unlikely to
arise in the case of Lilypond.  I _do_ think it matters that Lilypond be
released under license terms that are compatible with GPLv3 and future
potential releases of the GPL.


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Re: Overview of copyright issues

2009-09-09 Thread Hans Aberg

On 9 Sep 2009, at 22:37, Joseph Wakeling wrote:


You might check with the GNUers if it is the intention. It means that
sources can be tivoized, even in the face of the new v3.


It's GPLv2, and not the 'or later', that allows for tivoization ...


Right. Do you want v2 to applicable by a re-distributor, even though  
v3 has been released?



-- but
you have to question whether this is a serious risk for Lilypond.


This was only an example - a point to think through what you want.

Linking is always allowed if you make sure the interfaces are  
provided

and other linking info is provided - copyright only controls
distribution of the parts that makes it creatively unique, and v3  
seemed
to have changed over v2 to bring that out. There is no legal  
requirement

that the parts should have the same license.


The parts need a compatible license if one links to the other.  GPLv2
and GPLv3 are not compatible licenses.  That's why the 'or later' is
important -- it allows that compatibility.


No. You need to make sure that the conditions of the individual  
licenses are fulfilled when re-distributing the parts. Think of a  
musical recording - is there a requirement that the licenses of the  
composer and the performer are the same? - A similar issue was treated  
in the case I mentioned before, the  Beastie Boys flute sample case.  
The judge decided that though the flutist had rights to the flute  
sample, the composer - the same person as the flutist - did not have  
that, because the sample was too small to be creatively unique from  
the composing standpoint. So you consider each parts, and decide how  
the copyright applies to them.



But it has the effect that sources that formerly have been OK to
distribute may not be so. For example, if they are tivoized, then  
when
the GPL v3 now has arrived, the old sources cannot be tivoized,  
even if

the package itself has not been changed.

On the other hand, the formulation or later means that new  
sources can

be tivoized even if the new version v3 has been released, unless they
explicitly mention v3.


Again, the 'or later' has nothing to do with tivoization.  It's GPLv2
that allows for that possibility (which, again, is not likely).


As long as you use or later, tivoization and other new restriction  
in v3 is allowed.



If Lilypond does switch to GPLv3 I would strongly argue for a '
GPLv3 or
later' formulation, to avoid this problem arising again if a further  
GPL

revision is released.

I don't think it matters much whether Lilypond moves to GPLv3 because
most of the risks that GPLv3 is designed to obviate are unlikely to
arise in the case of Lilypond.  I _do_ think it matters that  
Lilypond be

released under license terms that are compatible with GPLv3 and future
potential releases of the GPL.


It is probably simplest to just make sure that the latest GPL is  
copied into the lilypond sources by some semi-automated scheme.


  Hans




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Re: Overview of copyright issues

2009-09-09 Thread Joseph Wakeling
Hans Aberg wrote:
 As long as you use or later, tivoization and other new restriction in v3 is 
 allowed.

No, as long as you use _GPLv2_, whether it's GPLv2 or later or GPLv2 and
only GPLv2, tivoization is possible.  'GPLv3 or later' would not allow
tivoization.

 It is probably simplest to just make sure that the latest GPL is copied
 into the lilypond sources by some semi-automated scheme.

Unless you have an 'or later' cause already in place, or you have the
permission of the copyright holders, you cannot unilaterally substitute
GPLv3 for GPLv2.  That's what the whole problem is about.

I don't see much point in continuing this discussion further because I
don't think you understand what the real problems (or solutions) are, or
what the requirements of the GPL (in any version) are.


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Re: Overview of copyright issues

2009-09-09 Thread Hans Aberg

On 9 Sep 2009, at 23:14, Joseph Wakeling wrote:

As long as you use or later, tivoization and other new  
restriction in v3 is allowed.


No, as long as you use _GPLv2_, whether it's GPLv2 or later or GPLv2  
and

only GPLv2, tivoization is possible.  'GPLv3 or later' would not allow
tivoization.


Right, but then the same problem arises if v4 prohibits fooization :-).

It is probably simplest to just make sure that the latest GPL is  
copied

into the lilypond sources by some semi-automated scheme.


Unless you have an 'or later' cause already in place, or you have the
permission of the copyright holders, you cannot unilaterally  
substitute

GPLv3 for GPLv2.  That's what the whole problem is about.

I don't see much point in continuing this discussion further because I
don't think you understand what the real problems (or solutions)  
are, or

what the requirements of the GPL (in any version) are.


The point is that if you want to be up-to-date with latest GPL in both  
new restrictions and permissions, the only way to do it is to refer to  
the latest version when the source is published. Or later will admit  
later restrictions, or latest will impose them quietly on old sources.


  Hans




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Re: Overview of copyright issues

2009-09-09 Thread Joseph Wakeling
Hans Aberg wrote:
 The point is that if you want to be up-to-date with latest GPL in both
 new restrictions and permissions, the only way to do it is to refer to
 the latest version when the source is published. Or later will admit
 later restrictions, or latest will impose them quietly on old sources.

No, it won't, because if a piece of code has been released under
particular license conditions (say, GPLv2) you can't revoke that.  You
can't rewrite the license for old sources -- you can only upgrade the
license for new releases.  And for that, 'or later' is a much better
formulation than 'or latest', because it also allows you to choose NOT
to upgrade if that is your desire or interest.


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Re: Overview of copyright issues

2009-09-09 Thread Reinhold Kainhofer
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Hash: SHA1

Am Mittwoch, 9. September 2009 23:30:19 schrieb Hans Aberg:
 The point is that if you want to be up-to-date with latest GPL in both
 new restrictions and permissions, the only way to do it is to refer to
 the latest version when the source is published. Or later will admit
 later restrictions, or latest will impose them quietly on old sources.

... which I'm sure will NOT hold up in court, so I propose we really end this 
discussion. Please leave the lawyering to the lawyers and lets go back to 
coding.

Cheers,
Reinhold

PS: The or latest would also be the perfect weapon for anyone trying to 
spread FUD about open source, since now a third person (the FSF) has basically 
control about your code (i.e. it can now make your investments into open 
source suddenly illegal). Tell (or simply mention it slightly) that to any 
manager, and you can be sure that Open Source will be ruled out forever in 
that company.
Imposing additional restrictions quietly on old sources is a big legal NO-NO.
- -- 
- --
Reinhold Kainhofer, reinh...@kainhofer.com, http://reinhold.kainhofer.com/
 * Financial  Actuarial Math., Vienna Univ. of Technology, Austria
 * http://www.fam.tuwien.ac.at/, DVR: 0005886
 * LilyPond, Music typesetting, http://www.lilypond.org
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Re: Overview of copyright issues

2009-09-09 Thread Han-Wen Nienhuys
On Wed, Sep 9, 2009 at 5:21 PM, Joseph
Wakelingjoseph.wakel...@webdrake.net wrote:
 The other part is that there are some aspects of the way Lilypond code
 and docs are managed with respect to licensing that are confusing or
 problematic -- lack of licensing notices in source code, lack of
 copyright or licensing notices in docs.  Those really should be fixed
 and better practices established for maintaining them.  I would see that
 as pretty urgent actually, far more important than the 'what license?'
 question, because it relates to LP's ability to track who wrote what and
 which conditions they made it available under.

Jan and I know that the current situation wrt copyright headers and
license notes is not ideal, but we never could bring ourselves to fix
it, because there always were more important things to do.
Nevertheless, if someone feels energetic to take this on, they have my
blessing.

-- 
Han-Wen Nienhuys - han...@xs4all.nl - http://www.xs4all.nl/~hanwen


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Re: Overview of copyright issues

2009-09-09 Thread Joseph Wakeling
Reinhold Kainhofer wrote:
 ... which I'm sure will NOT hold up in court, so I propose we really end this 
 discussion. Please leave the lawyering to the lawyers and lets go back to 
 coding.

Please understand the motivation for OPENING this discussion -- not to
debate which license or what license, but to propose a few concrete
things the LP coding team can do to clarify licensing and (perhaps) make
it easier to upgrade the license if that's desired.

I particularly think it would be a good idea to make sure that all files
in the source tree -- code and docs -- have both copyright and licensing
statements in them.

More particularly, does anyone object to me adding a GFDL 1.1 or later
notice to the doc files I have written?

Best wishes,

-- Joe


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Re: Overview of copyright issues

2009-09-09 Thread Joseph Wakeling
Han-Wen Nienhuys wrote:
 Jan and I know that the current situation wrt copyright headers and
 license notes is not ideal, but we never could bring ourselves to fix
 it, because there always were more important things to do.
 Nevertheless, if someone feels energetic to take this on, they have my
 blessing.

Well, I'm happy to go fix the actual files, just not sure what the
precise legal ramifications of this are.  I mean, if _I_ change the
copyright notice in a file that is _your_ copyright ... :-)

But anyway, I'm willing to do the typing side of it.  I just need you to
clarify exactly what I should put: presumably GPLv2 for code files and
GFDLv1.1 for docs are the base licenses, but would you and Jan approve
putting GPLv2 or later for your own contributions?  What are your
thoughts (and recommendations) for code written by others?  I know that
you ran into a paperwork issue some time back that has never been resolved.

I'd consider taking on the paperwork side as well (not right now, maybe
a month or two from now) but I want to try and to as much as possible of
what can be done without it.

What I could suggest as an approval mechanism is for individual authors
to 'sign off' the patches (as git allows) that add licensing notices to
their files, to show that they consent to what has been put there.


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Re: Overview of copyright issues

2009-09-09 Thread Han-Wen Nienhuys
On Wed, Sep 9, 2009 at 7:24 PM, Joseph
Wakelingjoseph.wakel...@webdrake.net wrote:
 Han-Wen Nienhuys wrote:
 Jan and I know that the current situation wrt copyright headers and
 license notes is not ideal, but we never could bring ourselves to fix
 it, because there always were more important things to do.
 Nevertheless, if someone feels energetic to take this on, they have my
 blessing.

 Well, I'm happy to go fix the actual files, just not sure what the
 precise legal ramifications of this are.  I mean, if _I_ change the
 copyright notice in a file that is _your_ copyright ... :-)

Also, let's assume I am not interested in tiring myself, and that I
will not try to sue for adding gpl headers to the source.


 But anyway, I'm willing to do the typing side of it.  I just need you to
 clarify exactly what I should put: presumably GPLv2 for code files and
 GFDLv1.1 for docs are the base licenses, but would you and Jan approve
 putting GPLv2 or later for your own contributions?  What are your

Let's postpone difficult decisions, and stick with gplv2 for the
notices for now.

 thoughts (and recommendations) for code written by others?  I know that
 you ran into a paperwork issue some time back that has never been resolved.

I think having to sign paperwork (esp. having your employer sign
something) is something that puts a big barrier up for potential
contributors.  I am not sure it is worth the effort.

 I'd consider taking on the paperwork side as well (not right now, maybe
 a month or two from now) but I want to try and to as much as possible of
 what can be done without it.

 What I could suggest as an approval mechanism is for individual authors
 to 'sign off' the patches (as git allows) that add licensing notices to
 their files, to show that they consent to what has been put there.

Sign-off: Han-Wen Nienhuys

In general it would be good to know who reviewed what.

-- 
Han-Wen Nienhuys - han...@xs4all.nl - http://www.xs4all.nl/~hanwen


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Re: Overview of copyright issues

2009-09-09 Thread Joseph Wakeling
Han-Wen Nienhuys wrote:
 I think having to sign paperwork (esp. having your employer sign
 something) is something that puts a big barrier up for potential
 contributors.  I am not sure it is worth the effort.

I would not want to see users in general having to sign a contributor
agreement or any such.  What does seem like a good idea is moving
existing code from 'v2 only' to 'v2 or later' (or v3 if desired),
because that takes a lot of the sting out of potential future license
upgrade decisions.  I don't know whether that needs formal paperwork or
whether emailed permission will suffice (again, allowing for the fact
that LP contributors are most likely not interested in suing over such
factors:-)


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Re: Overview of copyright issues

2009-09-09 Thread Don Armstrong
On Wed, 09 Sep 2009, Joseph Wakeling wrote:
 (6) Confusion has come from
 
   (i) a Debian copyright file for the package, apparently last
   updated in 2004, stating that Lilypond is 'v2 or later'

This is now my problem,[1] so I'll attempt to get it addressed at some
point in the future. [I'd certainly like to see Lilypond at least
clear up some of the issues so that the above can become correct.]

(There are a significant number of files distributed in lilypond which
are under v2 or later, or v3 or later, as well as things like
input/mutopia/claop.py, which isn't even Free Software, as it cannot
be modified.[2])

Furthermore, the licensing statement in COPYING is immensely
ambiguous, as it only states GNU PUBLIC LICENSE without specifying a
version, or anything.

  (1) All new files added to the code or docs must contain an
  unambiguous copyright AND licensing notice: I suggest in this
  case GPLv2 or later for code, and the GFDL 1.1 or later for
  docs.

I'd personally prefer it if documentation was at least licensed under
the same license as the code to allow for easily inclusion of code
examples (and to obviate the problems I [and Debian] have with
specific aspects of the GFDL.) It certainly can be dual licensed under
GFDL = v1.1 + GPL = v2, though.
 
  (1) How well have the copyright notices for individual files been
  maintained?

As near as I can tell, they haven't been maintained at all. Very few
of them actually have the boilerplate that they should have, which
makes this kind of thing very difficult.

But by all means, please help work on this. It'll certainly make my
life easier when I have to go through and audit the code for inclusion
in Debian (which I naïvely assumed had already been done before I took
over maintenance.)


Don Armstrong

1: I've taken over maintenance of lilypond from Thomas Bushnell;
hopefully I'll be able to keep up with you all. If any of you run
across Debian specific issues, feel free to file bugs in our BTS or
let me know personally.

2: Not sure if that's problem for you all, but it certainly means that
Debian can't distribute it; it'll be removed from my source package as
soon as I get a chance to do so.
-- 
Your village called.
They want their idiot back.
 -- xkcd http://xkcd.com/c23.html

http://www.donarmstrong.com  http://rzlab.ucr.edu


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Re: Overview of copyright issues

2009-09-09 Thread Reinhold Kainhofer
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Hash: SHA1

Am Donnerstag, 10. September 2009 00:24:35 schrieb Joseph Wakeling:
 Han-Wen Nienhuys wrote:
  Jan and I know that the current situation wrt copyright headers and
  license notes is not ideal, but we never could bring ourselves to fix
  it, because there always were more important things to do.
[...]
 But anyway, I'm willing to do the typing side of it.  I just need you to
 clarify exactly what I should put: presumably GPLv2 for code files and
 GFDLv1.1 for docs are the base licenses, but would you and Jan approve
 putting GPLv2 or later for your own contributions?  What are your
 thoughts (and recommendations) for code written by others?  I know that
 you ran into a paperwork issue some time back that has never been resolved.

Just for the record: I'm perfectly fine with re-licensing my contributions from 
GPL v2 to GPL v2+.

In fact, I don't really mind about the license. I would even be most 
comfortable with a BSD- or MIT-type license (i.e. can also be used in 
proprietary apps). 

However, I don't want to sign my contributions over to the FSF, since I want 
my contributions to help Lilypond in whatever ways might be needed, even 
commercial or proprietary. I don't want them as weapons in the hand of the 
FSF (i.e. use them to do what they think is best for open source, even if it 
might not be best for Lilypond). 

Cheers,
Reinhold

- -- 
- --
Reinhold Kainhofer, reinh...@kainhofer.com, http://reinhold.kainhofer.com/
 * Financial  Actuarial Math., Vienna Univ. of Technology, Austria
 * http://www.fam.tuwien.ac.at/, DVR: 0005886
 * LilyPond, Music typesetting, http://www.lilypond.org
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Re: Overview of copyright issues

2009-09-09 Thread Han-Wen Nienhuys
On Wed, Sep 9, 2009 at 7:48 PM, Reinhold
Kainhoferreinh...@kainhofer.com wrote:
 However, I don't want to sign my contributions over to the FSF, since I want
 my contributions to help Lilypond in whatever ways might be needed, even
 commercial or proprietary. I don't want them as weapons in the hand of the
 FSF (i.e. use them to do what they think is best for open source, even if it
 might not be best for Lilypond).

FSF assignments are non-exclusive, ie. the moment you sign over
copyrights, they license the work irrevocably and without limitations
back to you, and you are free to do what you want with it.

-- 
Han-Wen Nienhuys - han...@xs4all.nl - http://www.xs4all.nl/~hanwen


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Re: Overview of copyright issues

2009-09-09 Thread Carl Sorensen



On 9/9/09 4:24 PM, Joseph Wakeling joseph.wakel...@webdrake.net wrote:

 Han-Wen Nienhuys wrote:
 Jan and I know that the current situation wrt copyright headers and
 license notes is not ideal, but we never could bring ourselves to fix
 it, because there always were more important things to do.
 Nevertheless, if someone feels energetic to take this on, they have my
 blessing.
 
 Well, I'm happy to go fix the actual files, just not sure what the
 precise legal ramifications of this are.  I mean, if _I_ change the
 copyright notice in a file that is _your_ copyright ... :-)
 
 But anyway, I'm willing to do the typing side of it.  I just need you to
 clarify exactly what I should put: presumably GPLv2 for code files and
 GFDLv1.1 for docs are the base licenses, but would you and Jan approve
 putting GPLv2 or later for your own contributions?  What are your
 thoughts (and recommendations) for code written by others?  I know that
 you ran into a paperwork issue some time back that has never been resolved.
 

GPLv2 works for me for both docs and source code.  I will happily put my
contributions under that license.

Carl Sorensen



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Re: Copyright issues

2009-09-08 Thread Hans Aberg

On 8 Sep 2009, at 02:42, Joe Neeman wrote:


If you meant ghostscript in particular, then I guess we'll have to
stay with ghostscript 8.70 for now.


We don't link to ghostscript -- we merely call the command line  
program

-- so the GPL doesn't apply.


I think that copyright only applies to how it is redistributed, and  
not how it is used. Mac OS X LilyPond has a gs in its distribution. So  
its GPL version will apply to that part when (re-)distribution. So you  
need to make sure that when you distribute it, you do not violate any  
of its terms, like tivoization - which isn't an issue on Mac OS X.


  Hans




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Re: Copyright issues

2009-09-08 Thread John Mandereau
Le lundi 07 septembre 2009 à 16:42 -0700, Patrick McCarty a écrit :
 The part that (I think) is relevant to LilyPond is below:
 
   [...]
   The licensing of the Free version of the core Ghostscript code has
   been changed to GPLv3 or later. Previously, the core code was GPLv2
   only. Ghostscript can now be used with GPLv3 applications, and can no
   longer be used with applications that are GPLv2-only.
   [...]
 
 Thoughts?

Even if any program in LilyPond linked with gs, we'd have no problem
since LilyPond is licensed under GPLv2+ (GPL v2 or later).

Please correct me if I'm wrong.
John


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Re: Copyright issues

2009-09-08 Thread Joseph Wakeling
John Mandereau wrote:
 Even if any program in LilyPond linked with gs, we'd have no problem
 since LilyPond is licensed under GPLv2+ (GPL v2 or later).
 
 Please correct me if I'm wrong.

That was the point of the re-opening of discussion -- my query on that
very point in relation to the new website design.

The COPYING file in Lilypond source code references GPLv2 only.  The
copyright file in my distro (Ubuntu) refers to GPLv2 or later, which may
be where confusion comes from.  Past discussion on -devel notes that LP
is v2 only and the difficulty comes from the paperwork needed to get
permission from contributors to move to 'v2 or later' or 'v3 or later'.

By the way, I note that individual source/documentation files often have
no notice of copyright or license.

Best wishes,

-- Joe


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Re: Copyright issues

2009-09-08 Thread Jan Nieuwenhuizen
Op dinsdag 08-09-2009 om 12:34 uur [tijdzone +0200], schreef Joseph
Wakeling:

 The
 copyright file in my distro (Ubuntu) refers to GPLv2 or later

Which file are you referring to, and what does it say?

Jan.

-- 
Jan Nieuwenhuizen jann...@gnu.org | GNU LilyPond - The music typesetter
Avatar®: http://AvatarAcademy.nl| http://lilypond.org



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Re: Copyright issues

2009-09-08 Thread Jan Nieuwenhuizen
Op dinsdag 08-09-2009 om 13:02 uur [tijdzone +0200], schreef Joseph
Wakeling:
 Jan Nieuwenhuizen wrote:
  Op dinsdag 08-09-2009 om 12:34 uur [tijdzone +0200], schreef Joseph
  Wakeling:
  
  The
  copyright file in my distro (Ubuntu) refers to GPLv2 or later
  
  Which file are you referring to, and what does it say?
 
 /usr/share/doc/lilypond/copyright
 
 Its contents:

 This program is free software; you can redistribute it and/or modify
 it under the terms of the GNU General Public License as published by
 the Free Software Foundation; either version 2 of the License, or
 (at your option) any later version.

I cannot imagine this ever having been in the lilypond sources.  It
may have been copied from somewhere else, possibly by mistake.

 All the other scripts and control files for building and installing
 GNU LilyPond under Debian GNU/Linux are also under the GNU General
 Public License (GPL) version 2 or later.

*also* -- very confusing

 I didn't read it properly before, but it looks like a severely
 out-of-date notice added by the Debian packager which no one has ever
 bothered to revise.

Not only out-of-date, but also /wrong/.  I just checked our sources,
a very early one and the one that was claimed to be packaged

   git show release/{1.0.1,2.2.2}:{COPYING,main.cc}

and none of these contain the or later clause.

A bug report should be filed here, any takers?

Thanks,
Jan.

-- 
Jan Nieuwenhuizen jann...@gnu.org | GNU LilyPond - The music typesetter
Avatar®: http://AvatarAcademy.nl| http://lilypond.org



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Re: Copyright issues

2009-09-08 Thread Jan Nieuwenhuizen
Op dinsdag 08-09-2009 om 13:16 uur [tijdzone +0200], schreef Jan
Nieuwenhuizen:

 Not only out-of-date, but also /wrong/.  I just checked our sources,
 a very early one and the one that was claimed to be packaged
 
git show release/{1.0.1,2.2.2}:{COPYING,main.cc}

git show release/{1.0.1,2.2.2}:{COPYING,lily/main.cc


-- 
Jan Nieuwenhuizen jann...@gnu.org | GNU LilyPond - The music typesetter
Avatar®: http://AvatarAcademy.nl| http://lilypond.org



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Re: Copyright issues

2009-09-08 Thread Joseph Wakeling
Jan Nieuwenhuizen wrote:
 Op dinsdag 08-09-2009 om 13:16 uur [tijdzone +0200], schreef Jan
 Nieuwenhuizen:
 
 Not only out-of-date, but also /wrong/.  I just checked our sources,
 a very early one and the one that was claimed to be packaged

git show release/{1.0.1,2.2.2}:{COPYING,main.cc}
 
 git show release/{1.0.1,2.2.2}:{COPYING,lily/main.cc

There are several possible sources of this confusion.

First: nowhere in the LP source can I find the typical notice that the
FSF recommends/requests in the 'How to Apply These Terms to your new
program' appendix to the GPL.

The notice in the COPYING file is technically unambiguous but is so
atypical as to not necessarily be clear.

Second: Lilypond is part of the GNU project and GNU programs typically
have the 'or later' option, and indeed there is a perception that they
will upgrade to the latest GPL by default.

Third -- and this is really important: Lilypond's source code and other
files lack often copyright/licensing notices.  This is explicitly
contrary to the policies of the GNU project:
http://www.gnu.org/prep/maintain/html_node/License-Notices.html#License-Notices

I gather there is a complete list of Lilypond contributors but are there
records of who contributed what?

Best wishes,

-- Joe


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Re: Copyright issues

2009-09-08 Thread Joseph Wakeling
I wrote:
 Second: Lilypond is part of the GNU project and GNU programs typically
 have the 'or later' option, and indeed there is a perception that they
 will upgrade to the latest GPL by default.

... see the general information on making a package part of the GNU project:
http://www.gnu.org/help/evaluation.html

   A GNU program should use the latest version of the license that
   the GNU Project recommends—not just any free software license.


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Re: Copyright issues

2009-09-08 Thread Han-Wen Nienhuys
On Tue, Sep 8, 2009 at 6:51 AM, Hans Aberghab...@math.su.se wrote:
 If you meant ghostscript in particular, then I guess we'll have to
 stay with ghostscript 8.70 for now.

 We don't link to ghostscript -- we merely call the command line program
 -- so the GPL doesn't apply.

 I think that copyright only applies to how it is redistributed, and not how
 it is used. Mac OS X LilyPond has a gs in its distribution. So its GPL
 version will apply to that part when (re-)distribution. So you need to make
 sure that when you distribute it, you do not violate any of its terms, like
 tivoization - which isn't an issue on Mac OS X.

The lilypond installer is an aggregration of several packages, each
under its own license, rather than a derived work which would have to
be under GPL.  There is no problem here.

-- 
Han-Wen Nienhuys - han...@xs4all.nl - http://www.xs4all.nl/~hanwen


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Re: Copyright issues

2009-09-08 Thread Jan Nieuwenhuizen
Op dinsdag 08-09-2009 om 11:51 uur [tijdzone +0200], schreef Hans Aberg:
 On 8 Sep 2009, at 02:42, Joe Neeman wrote:

 I think that copyright only applies to how it is redistributed

Almost, copyright is about copying.

 So its GPL version will apply

No, it does not, as Joe pointed out.
Can you please read the GNU GPL before spreading too much nonsense?

Jan.

-- 
Jan Nieuwenhuizen jann...@gnu.org | GNU LilyPond - The music typesetter
Avatar®: http://AvatarAcademy.nl| http://lilypond.org



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Re: Copyright issues

2009-09-08 Thread Hans Aberg

On 8 Sep 2009, at 14:33, Han-Wen Nienhuys wrote:

I think that copyright only applies to how it is redistributed, and  
not how
it is used. Mac OS X LilyPond has a gs in its distribution. So its  
GPL
version will apply to that part when (re-)distribution. So you need  
to make
sure that when you distribute it, you do not violate any of its  
terms, like

tivoization - which isn't an issue on Mac OS X.


The lilypond installer is an aggregration of several packages, each
under its own license, rather than a derived work which would have to
be under GPL.  There is no problem here.


Right. That is my point. You need to make sure when you package the  
thing up for redistribution that you do not violate any copyright  
terms of the individual components. If you cannot ensure that for some  
components, an alternative is that the user takes down those  
components by themselves. There is no need that all components of a  
package have same copyright license.


  Hans




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Re: Copyright issues

2009-09-08 Thread Hans Aberg

On 8 Sep 2009, at 15:06, Jan Nieuwenhuizen wrote:


Can you please read the GNU GPL before spreading too much nonsense?


I have now looked through it, and found nothing of it. So you will  
have to clarify.


  Hans




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Re: Copyright issues

2009-09-08 Thread Reinhold Kainhofer
Am Dienstag, 8. September 2009 16:19:43 schrieb Hans Aberg:
 On 8 Sep 2009, at 15:06, Jan Nieuwenhuizen wrote:
  On 8 Sep 2009, at 02:42, Joe Neeman wrote:
 
  I think that copyright only applies to how it is redistributed
 
  Almost, copyright is about copying.

 Quote?

  So its GPL version will apply
 
  No, it does not, as Joe pointed out.
  Can you please read the GNU GPL before spreading too much nonsense?

 It is not about the GPL, but the WIPO copyright treaty, and copyright
 law. The GPL cannot override that.

gs is GPL v3+, so anything that links to it has to be compatible to GPL v3. 
Lilypond doesn't link, but simply call it, so there's no restriction here.

However, as the installer also bundles gs, the provisions about distributing 
copies of gs found in the GPL v3 have to be fulfilled. Section 6. Conveying 
Non-Source Forms. is about distributing compiled versions, but I don't see 
any further restrictions there (source code available, etc, of course).

So, what's the problem here?

Cheers,
Reinhold
-- 
--
Reinhold Kainhofer, reinh...@kainhofer.com, http://reinhold.kainhofer.com/
 * Financial  Actuarial Math., Vienna Univ. of Technology, Austria
 * http://www.fam.tuwien.ac.at/, DVR: 0005886
 * LilyPond, Music typesetting, http://www.lilypond.org


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Re: Copyright issues

2009-09-08 Thread Hans Aberg

On 8 Sep 2009, at 15:06, Jan Nieuwenhuizen wrote:


On 8 Sep 2009, at 02:42, Joe Neeman wrote:



I think that copyright only applies to how it is redistributed


Almost, copyright is about copying.


Quote?


So its GPL version will apply


No, it does not, as Joe pointed out.
Can you please read the GNU GPL before spreading too much nonsense?


It is not about the GPL, but the WIPO copyright treaty, and copyright  
law. The GPL cannot override that.


  Hans




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Re: Copyright issues

2009-09-08 Thread Hans Aberg

On 8 Sep 2009, at 16:51, Reinhold Kainhofer wrote:


Can you please read the GNU GPL before spreading too much nonsense?


It is not about the GPL, but the WIPO copyright treaty, and copyright
law. The GPL cannot override that.


gs is GPL v3+, so anything that links to it has to be compatible to  
GPL v3.


The GPL 3.0 now contains the following quote. It looks to me as saying  
that for linking, the interface must be made public, but does not say  
anything about the program itself. Read yourself to see if you agree  
with my interpretation. I brought up this point with RMS - the things  
is that copyright roughly speaking protects the distribution of the  
parts that are humanly creatively unique (suggested by the Beastie  
flute sample case). But it is not possible for one copyright license  
to interfere with another copyright ownership.



The Corresponding Source for a work in object code form means all  
the source code needed to generate, install, and (for an executable  
work) run the object code and to modify the work, including scripts to  
control those activities. However, it does not include the work's  
System Libraries, or general-purpose tools or generally available free  
programs which are used unmodified in performing those activities but  
which are not part of the work. For example, Corresponding Source  
includes interface definition files associated with source files for  
the work, and the source code for shared libraries and dynamically  
linked subprograms that the work is specifically designed to require,  
such as by intimate data communication or control flow between those  
subprograms and other parts of the work.


Lilypond doesn't link, but simply call it, so there's no restriction  
here.


That is what I say: the form is looser, so it should be less  
complicated and controversial.


The WIPO copyright treaty says that programs are protected as literary  
works in the sense od the Berne convention. So think about books. So  
this situation is more like a bookstore wanting to sell a book package.


However, as the installer also bundles gs, the provisions about  
distributing
copies of gs found in the GPL v3 have to be fulfilled. Section 6.  
Conveying
Non-Source Forms. is about distributing compiled versions, but I  
don't see
any further restrictions there (source code available, etc, of  
course).


So, what's the problem here?


Yes, this is what I also said. In your redistribution, you must make  
sure that you fulfill the copyright conditions, in as much as they do  
not abrogate local copyright law, of the individual packages.


If GPL was able to impose conditions of other software components,  
then it would not be possible to distribute GPL'd Bison with BSD'd  
Flex, and not would Mac OS X be possible, which contains many GPL'd  
components along with some which actually are closed source.


  Hans






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