Bug#807074: fbreader: includes files with unclear DFSG-freeness and/or copyright status

2016-02-06 Thread Francesco Poli
Control: reopen -1


On Sat, 23 Jan 2016 11:17:49 +0100 Eugene V. Lyubimkin wrote:

> On 09.01.2016 12:51, Francesco Poli wrote:
> > FTP Masters are often very busy, and in some cases they do not have
> > time to reply to queries of this kind. Hence, we should *not*
> > interpret their silence as if they were saying that everything is OK.
> > 
> > I am consequently reopening the bug report.
> 
> Francesco, we have a technical disagreement. Re-opening a bug won't change my 
> opinion. To overrule, please refer to
> usual authorities: archive masters or tech-ctte or DAMs.

The FTP Masters continue to be silent, but there's a new fact.

I've been pointed out that the fbreader package not only includes OASIS
files based on ISO files which do not grant permission to modify and
only grant a limited permission to copy and distribute (as I originally
reported), but also directly includes ISO files under the problematic
license.
These are the three files fbreader/data/formats/xhtml/*.ent

These files are non-free: they do not grant permission to modify (thus
failing DFSG#3) and only grant a limited permission to copy and use,
restricting the field of endeavor to conforming SGML systems and
applications as defined in ISO 8879 (thus failing DFSG#6).

As an aside, they are not documented in the debian/copyright file, thus
making them harder to spot...


While the OASIS files have an unclear legal status, the ISO files are
more clearly unfit for Debian main, as stated by FTP Assistant Paul
Tagliamonte in:
https://lists.debian.org/debian-legal/2015/12/msg0.html

I am therefore reopening the bug report.

Please investigate and fix the issue.
Thanks for your time.


-- 
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. Francesco Poli .
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Bug#807074: fbreader: includes files with unclear DFSG-freeness and/or copyright status

2016-01-09 Thread Francesco Poli
Control: reopen -1


On Wed, 16 Dec 2015 22:00:43 +0100 Francesco Poli wrote:

> On Tue, 15 Dec 2015 21:00:00 +0100 Eugene V. Lyubimkin wrote:
> 
> > On 14.12.2015 22:56, Francesco Poli wrote:
[...]
> > > Please note that, as I have previously said, one FTP Assistant
> > > confirmed that files under the ISO license are not fit for Debian main:
> > > https://lists.debian.org/debian-legal/2015/12/msg0.html
> > 
> > I don't read that as something I can directly apply for things
> > under OASIS copyright. Of course I might be wrong, that's
> > why I invited Debian archive masters to the loop. No reason
> > for us to argue any longer, let's just wait for what they
> > think.
> [...]
> 
> OK, let's wait for a response from the FTP Masters, but please
> investigate the legal status of the OASIS files in the meanwhile.

FTP Masters are often very busy, and in some cases they do not have
time to reply to queries of this kind. Hence, we should *not*
interpret their silence as if they were saying that everything is OK.

I am consequently reopening the bug report.

Please investigate the legal status of the OASIS files in order to
properly solve this issue.

Thanks for your time.
Bye.


-- 
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 There's not a second to spare! To the laboratory!
. Francesco Poli .
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Bug#807074: fbreader: includes files with unclear DFSG-freeness and/or copyright status

2015-12-16 Thread Francesco Poli
On Tue, 15 Dec 2015 21:00:00 +0100 Eugene V. Lyubimkin wrote:

> On 14.12.2015 22:56, Francesco Poli wrote:
[...]
> > Hence, they basically say that some OASIS files (that they distribute
> > under DFSG-free terms) are derived, in part, from some ISO files which
> > do *not* grant any permission to modify.
> > 
> > Without any additional explanation, this sounds like a copyright
> > violation.
> 
> Here our interpretations diverge then. Indeed it's always allowed to
> suspect, but I'd much prefer that a RC bug is filed after those
> suspects are confirmed.

Well, but it's not just that I *suspect* that the OASIS files are
derived from some ISO files which do not grant any permission to
modify. It's written in the OASIS files themselves that this is the
case!

Hence, in the absence of an explanation of how this was legally
allowed, it really seems that something is wrong. Hence the bug
report...

> 
> >> If they say 'yes', how one is
> >> supposed to verify that they really do?
> > 
> > A simple "yes" answer would not suffice: they need to provide a
> > convincing explanation...
> 
> Out of curiosity, what can that be?

I have already mentioned some examples of possible explanations.
If one such explanation holds, then everything is fine.

Please note that I assume good faith on the OASIS side: probably they
have an explanation (but they forgot to clearly document it) or they
violated the ISO copyright by mistake...
Other scenarios are possible, of course, but I think they are less
likely to be the case.

> 
> > Dropping the OASIS files from package fbreader is the last resort
> > solution, assuming that those files are not strictly needed for the
> > package to provide significant functionality.
> 
> If a violation is present, this will be my first resort, otherwise
> fbreader will disappear from testing very quickly.
> Between absense of fbreader and worse DocBook format support in
> fbreader, I choose second.

If you mean that dropping the troublesome files from the package will
be your first *temporary* course of action, while attempting to find a
better solution, then I totally agree with you.
What I meant is that I would consider the *permanent* removal of the
files as a last resort solution, if all else fails. I hope you agree
with me.

[...]
> > Please note that, as I have previously said, one FTP Assistant
> > confirmed that files under the ISO license are not fit for Debian main:
> > https://lists.debian.org/debian-legal/2015/12/msg0.html
> 
> I don't read that as something I can directly apply for things
> under OASIS copyright. Of course I might be wrong, that's
> why I invited Debian archive masters to the loop. No reason
> for us to argue any longer, let's just wait for what they
> think.
[...]

OK, let's wait for a response from the FTP Masters, but please
investigate the legal status of the OASIS files in the meanwhile.


Thanks for your time and patience.

-- 
 http://www.inventati.org/frx/
 There's not a second to spare! To the laboratory!
. Francesco Poli .
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Bug#807074: fbreader: includes files with unclear DFSG-freeness and/or copyright status

2015-12-15 Thread Eugene V. Lyubimkin
On 14.12.2015 22:56, Francesco Poli wrote:
> Well, they themselves say that one of the files under consideration is
> 
> |   Derived, in part, from:
> |
> |* iso-pub.gml
> |
> |Copyright (C) 1986 International Organization for Standardization
> |Permission to copy in any form is granted for use with
> |conforming SGML systems and applications as defined in
> |ISO 8879, provided this notice is included in all copies.
> 
> and similarly for other files.
> 
> Hence, they basically say that some OASIS files (that they distribute
> under DFSG-free terms) are derived, in part, from some ISO files which
> do *not* grant any permission to modify.
> 
> Without any additional explanation, this sounds like a copyright
> violation.

Here our interpretations diverge then. Indeed it's always allowed to suspect, 
but I'd much prefer that a RC bug is filed
after those suspects are confirmed.

>> If they say 'yes', how one is
>> supposed to verify that they really do?
> 
> A simple "yes" answer would not suffice: they need to provide a
> convincing explanation...

Out of curiosity, what can that be?

> Dropping the OASIS files from package fbreader is the last resort
> solution, assuming that those files are not strictly needed for the
> package to provide significant functionality.

If a violation is present, this will be my first resort, otherwise fbreader 
will disappear from testing very quickly.
Between absense of fbreader and worse DocBook format support in fbreader, I 
choose second.

Ad plug: should anyone see a better action course, fbreader is open for 
adoption.

> Please note that, as I have previously said, one FTP Assistant
> confirmed that files under the ISO license are not fit for Debian main:
> https://lists.debian.org/debian-legal/2015/12/msg0.html

I don't read that as something I can directly apply for things under OASIS 
copyright. Of course I might be wrong, that's
why I invited Debian archive masters to the loop. No reason for us to argue any 
longer, let's just wait for what they
think. If those files are unfree, there were in the archive for 7+ years and 
can wait few days I presume.



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Bug#807074: fbreader: includes files with unclear DFSG-freeness and/or copyright status

2015-12-14 Thread Francesco Poli
On Mon, 14 Dec 2015 21:07:40 +0100 Eugene V. Lyubimkin wrote:

> Hi Francesco and all,

Hello Eugene, hello FTP Masters,

> 
> Thanks for your interest.

You're welcome.
Thanks to you for replying!

> 
> > I cannot fully understand how those files could be derived from
> > the ISO files in the first place, if the ISO files are not legally
> > modifiable.
> > Maybe OASIS obtained a special permission from ISO, but this does
> > not seem to be documented.
> 
> I am afraid I don't get it.
> 
> OASIS say [...] they are the copyright holder and their license is
> DFSG-free. You suspect OASIS breaches copyright of ISO,
> and the source for this suspect is license headers written by OASIS
> themselves?

Well, they themselves say that one of the files under consideration is

|   Derived, in part, from:
|
|* iso-pub.gml
|
|Copyright (C) 1986 International Organization for Standardization
|Permission to copy in any form is granted for use with
|conforming SGML systems and applications as defined in
|ISO 8879, provided this notice is included in all copies.

and similarly for other files.

Hence, they basically say that some OASIS files (that they distribute
under DFSG-free terms) are derived, in part, from some ISO files which
do *not* grant any permission to modify.

Without any additional explanation, this sounds like a copyright
violation.

Maybe it's not, but there has to be some explanation of how it can
avoid being a copyright violation... Perhaps the ISO files have been
assessed to not be copyrighted? but this is not documented! Perhaps ISO
granted some permission to re-license the ISO files? but this is not
documented, either! And so forth...

Or maybe it is indeed a copyright violation done by OASIS by
oversight... Maybe OASIS will promptly act to fix this issue (for
instance, by persuading ISO to re-license the ISO files...).

> 
> You propose we contact OASIS and ask whether they have right to
> distribute those files?

One possible solution is seeking clarification from OASIS: maybe they
have a perfectly valid and convincing explanation and it just needs to
be documented properly!

> If they say 'yes', how one is
> supposed to verify that they really do?

A simple "yes" answer would not suffice: they need to provide a
convincing explanation...

> In what circumstances they could say 'no'?

For example, in case they violated the ISO copyright by mistake.

> 
> Or you propose we contact ISO and ask whether OASIS breaches their
> copyright?

Another possible strategy is getting in touch with ISO and persuade
them to re-license the ISO files in a DFSG-free and permissive manner.
The new license should be a simple permissive non-copyleft one,
compatible with pretty everything.

As I have already said, one more possible solution is finding DFSG-free
replacements for the ISO files and asking OASIS to base their files on
those DFSG-free replacements, in stead of the ISO files.

> 
> 
> The files in question (fbreader/fbreader/data/formats/docbook/*)
> didn't change, at least, after 2009. Since that time,
> fbreader has been gone through NEW queue at least in 2010
[...]
> and in 2015
[...]

With all due respect for the FTP Masters, mistakes *can* happen.
It would not be the first time that a package with non-free (or even
undistributable) content gets accepted in Debian main, by oversight.

> 
> 
> Given above, I am going to assume, for now, that those files are fine.
> Dear archive masters (To'ed), please re-open this
> bug if they are not, and in that case files will be not included.

Dropping the OASIS files from package fbreader is the last resort
solution, assuming that those files are not strictly needed for the
package to provide significant functionality.

Please note that, as I have previously said, one FTP Assistant
confirmed that files under the ISO license are not fit for Debian main:
https://lists.debian.org/debian-legal/2015/12/msg0.html

Hence, I do *not* agree that this bug report should have been closed
simply assuming that everything is fine. Please reopen the bug report
and investigate the issue.


Thanks for your time.
Bye.

-- 
 http://www.inventati.org/frx/
 There's not a second to spare! To the laboratory!
. Francesco Poli .
 GnuPG key fpr == CA01 1147 9CD2 EFDF FB82  3925 3E1C 27E1 1F69 BFFE


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Bug#807074: fbreader: includes files with unclear DFSG-freeness and/or copyright status

2015-12-04 Thread Francesco Poli (wintermute)
Package: fbreader
Version: 0.10.7dfsg-4
Severity: serious
Justification: Policy 2.2.1

Hello Eugene and thanks for maintaining FBReader in Debian!

I noticed something awkward in the debian/copyright file:

[...]
|  Html entity files (fbreader/data/formats/docbook/*.ent) with
|  these licenses:
|  
|  
|  
|  
[...]

The problem is: among these two licenses, the first one is non-free,
as it does not grant permission to modify (thus failing DFSG#3) and
only grants a limited permission to copy and use, restricting the
field of endeavor to conforming SGML systems and applications as
defined in ISO 8879 (thus failing DFSG#6).
The second license is instead fine for Debian main.

By only reading the debian/copyright file, it was not clear to me
whether both licenses apply (which would mean that these files
are non-free in fbreader) or, instead, whether the recipient may
choose which of the two licenses will apply (which would mean that
we can choose the second license and everything is fine for fbreader).

This freeness issue has been discussed on the debian-legal mailing list:
https://lists.debian.org/debian-legal/2015/11/msg00048.html
https://lists.debian.org/debian-legal/2015/11/msg00049.html

During that debian-legal thread, I was pointed out that the licensing
of those files in fbreader is a bit different from what is documented
in the fbreader debian/copyright file:
https://lists.debian.org/debian-legal/2015/11/msg00050.html
And indeed, the files under consideration include that permission grant,
saying that the DFSG-free license applies, but that the files are
derived, in part, from files (copyrighted by ISO) which grant no
permission to modify.
As I said in
https://lists.debian.org/debian-legal/2015/11/msg00051.html
I cannot fully understand how those files could be derived from
the ISO files in the first place, if the ISO files are not legally
modifiable.
Maybe OASIS obtained a special permission from ISO, but this does
not seem to be documented.
Otherwise, this looks like a copyright violation, which, if confirmed,
would result in undistributable files.

An FTP Assitant confirmed that files under the ISO license under
consideration are not fit for Debian main:
https://lists.debian.org/debian-legal/2015/12/msg0.html


Please investigate and clarify and/or fix this issue.

Possible solutions I can think of:

 A) clarify the licensing status of those files and find out
that they are distributable under DFSG-free terms; explain
and document why this is the case
 
 B) get in touch with the copyright holder (ISO) and persuade
them to re-license the ISO files in a DFSG-free manner
 
 C) find DFSG-free replacements for the non-free files

 D) drop the non-free files from the package, assuming they are
not strictly needed for the package to provide significant
functionality


Thanks for your time!