Bug#328121: linuxsampler license

2005-09-29 Thread Justin Pryzby
Hello Matt,

Have you thought about what to do about the linux sampler license
problem, bug #328121 [0]?

-- 
Clear skies,
Justin

References

[0] http://bugs.debian.org/cgi-bin/bugreport.cgi?bug=328121


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Bug#328121: linuxsampler license

2005-09-29 Thread Matt Flax
OK - no worries,

I will hang tight to hear if Chris replies to you Paul.

Matt

On Fri, Sep 30, 2005 at 03:58:44AM +0100, Paul Brossier wrote:
 Hi all,
 
 On Fri, Sep 30, 2005 at 12:36:37PM +1000, Matt Flax wrote:
  Hi,
  
  yes I was thinking about removing it from the Debian release system.
  
  What about you Paul ?
 
 I have sent a private email with Christian. I am still hoping that he
 changes the README file in the CVS. Let's give him a few more days.
 
  By the way, what is the process to request removal from the release 
  system ?
 
 file a bug against ftp.debian.org.
 
 cheers, piem

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Bug#328121: linuxsampler license

2005-09-29 Thread Paul Brossier
Hi all,

On Fri, Sep 30, 2005 at 12:36:37PM +1000, Matt Flax wrote:
 Hi,
 
 yes I was thinking about removing it from the Debian release system.
 
 What about you Paul ?

I have sent a private email with Christian. I am still hoping that he
changes the README file in the CVS. Let's give him a few more days.

 By the way, what is the process to request removal from the release 
 system ?

file a bug against ftp.debian.org.

cheers, piem



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Bug#328121: Linuxsampler license

2005-09-20 Thread Branden Robinson
On Sat, Sep 17, 2005 at 10:31:30AM +0300, Harri Järvi wrote:
 It has come to my attention that released Linuxsampler versions up to 
 the latest release 0.3.3 are licensed purely under the GPL. The 
 NON COMMERCIAL-exception has been added to the cvs version and is 
 reflected on the homepage also.
[SNIP]

I agree with your assessment.  I would direct the upstream authors to
David Wheeler's essay on this very subject:

http://www.dwheeler.com/essays/gpl-compatible.html

I will also note that by using the GPL, they will very likely get the
community's support in identifying any infringements that occur by
commercial distributors.  I suspect this is less likely with a home-grown
license, which many sympathetic users may not take the time to understand.

Moreover, both the FSF and Harald Welte have successfully pursued
infringment claims against people who violate the GPL.  According to Eben
Moglen, General Counsel of the FSF, they prefer to settle things simply by
asking for, and getting compliance with the license's terms[1][2]; Mr.
Welte has successfully gotten a court injunction on at least one occasion I
can think of[3].

[1] http://emoglen.law.columbia.edu/publications/lu-12.html
[2] http://emoglen.law.columbia.edu/publications/lu-13.html
[3] http://gpl-violations.org/news/20050414-fortinet-injunction.html

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Debian GNU/Linux   |be warm for a day.  Set a man on
[EMAIL PROTECTED] |fire, and he'll be warm for the
http://people.debian.org/~branden/ |rest of his life. - Terry Pratchett


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Bug#328121: Linuxsampler license

2005-09-17 Thread Harri Järvi
On Thu, Sep 15, 2005 at 10:50:12 +0200, Sven Luther wrote:
 That is indeed non-free and fails DFSG #6, the package cannot be in main, but
 could be in non-free maybe.

It has come to my attention that released Linuxsampler versions up to 
the latest release 0.3.3 are licensed purely under the GPL. The 
NON COMMERCIAL-exception has been added to the cvs version and is 
reflected on the homepage also.

The debian packaged version in unstable is from cvs where this 
restriction is added. It has to be removed from Debian.

It seems that the authors are considering to find another license for 
future releases. They are looking to find ways to force companies making 
use of Linuxsampler in their products to participate in development of 
Linuxsampler or other open source audio project. [1]

It also seems they are looking for an open source license or if they 
won't find one they'll write one themselves. I'm concerned that they
might end up with a non free, non opensource license.

If you work in the audio field and have the same concern about 
Linuxsampler, it might be wise to participate in the conversation
on the Linuxsampler developer mailing list and express yourself. [1]

To me it seems that the authors are afraid that companies will take 
advantage of the software without contributing anything to the 
community. They don't seem to feel that GPL is the best way to attract
contributions from companies. With good arguments they might see
that GPL is as good as it gets.

Choosing another license for Linuxsampler will make it impossible to 
make use of GPL'd software as part of linuxsampler. Writing their own
license will be difficult and error prone. And it will add up to the
jungle of confusion in world of licenses.

Choosing or writing a non opensource license will make them have to 
leave sourceforge and might lead into forking Linuxsampler into free
(or opensource) and nonfree (proprietary/non opensource) versions.

Yours,
Harri Järvi

[1] 
http://sourceforge.net/mailarchive/forum.php?thread_id=8119452forum_id=12792


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Bug#328121: Linuxsampler license

2005-09-15 Thread Harri Järvi
On Wed, Sep 14, 2005 at 16:26:15 +0200, Göran Weinholt wrote:
 On Tue, Sep 13, 2005 at 05:54:35PM +0300, Harri Järvi wrote:

  In addition there's a conflict between linuxsampler's aim to be an
  opensource software, and the license used. Restricting commercial use
  makes the software nonopensource by OSI definition and nonfree by Free
  Software Foundation's Free Software definition.
 
 I think upstream only meant to make it clear to developers of
 proprietary software that they need to ask for a special license if
 they don't want to follow the GPL.

I wish it was so, but this is written on the project home page
at http://www.linuxsampler.org/downloads.html:

License

LinuxSampler is licensed under the GNU GPL license with the exception 
that COMMERCIAL USE of the souce code, libraries and applications is
NOT ALLOWED without prior written permission by the LinuxSampler 
authors. If you have questions on the subject please contact us.

Yours,
Harri Järvi


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Bug#328121: Linuxsampler license

2005-09-15 Thread Sven Luther
On Thu, Sep 15, 2005 at 08:03:46AM +0300, Harri Järvi wrote:
 On Wed, Sep 14, 2005 at 16:26:15 +0200, Göran Weinholt wrote:
  On Tue, Sep 13, 2005 at 05:54:35PM +0300, Harri Järvi wrote:
 
   In addition there's a conflict between linuxsampler's aim to be an
   opensource software, and the license used. Restricting commercial use
   makes the software nonopensource by OSI definition and nonfree by Free
   Software Foundation's Free Software definition.
  
  I think upstream only meant to make it clear to developers of
  proprietary software that they need to ask for a special license if
  they don't want to follow the GPL.
 
 I wish it was so, but this is written on the project home page
 at http://www.linuxsampler.org/downloads.html:
 
 License
 
 LinuxSampler is licensed under the GNU GPL license with the exception 
 that COMMERCIAL USE of the souce code, libraries and applications is
 NOT ALLOWED without prior written permission by the LinuxSampler 
 authors. If you have questions on the subject please contact us.

That is indeed non-free and fails DFSG #6, the package cannot be in main, but
could be in non-free maybe.

Friendly,

Sven Luther




Bug#328121: Linuxsampler license

2005-09-15 Thread Matt Flax
I have contacted the author and am waiting to see whether he will change 
the license. If not then we will either remove or move it to non-free.

Matt

On Thu, Sep 15, 2005 at 10:50:12AM +0200, Sven Luther wrote:
 On Thu, Sep 15, 2005 at 08:03:46AM +0300, Harri J?rvi wrote:
  On Wed, Sep 14, 2005 at 16:26:15 +0200, G?ran Weinholt wrote:
   On Tue, Sep 13, 2005 at 05:54:35PM +0300, Harri J?rvi wrote:
  
In addition there's a conflict between linuxsampler's aim to be an
opensource software, and the license used. Restricting commercial use
makes the software nonopensource by OSI definition and nonfree by Free
Software Foundation's Free Software definition.
   
   I think upstream only meant to make it clear to developers of
   proprietary software that they need to ask for a special license if
   they don't want to follow the GPL.
  
  I wish it was so, but this is written on the project home page
  at http://www.linuxsampler.org/downloads.html:
  
  License
  
  LinuxSampler is licensed under the GNU GPL license with the exception 
  that COMMERCIAL USE of the souce code, libraries and applications is
  NOT ALLOWED without prior written permission by the LinuxSampler 
  authors. If you have questions on the subject please contact us.
 
 That is indeed non-free and fails DFSG #6, the package cannot be in main, but
 could be in non-free maybe.
 
 Friendly,
 
 Sven Luther
 

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Bug#328121: Linuxsampler license

2005-09-15 Thread Humberto Massa Guimarães
 That is indeed non-free and fails DFSG #6, the package cannot 
 be in main, but could be in non-free maybe.

No, this is really an additional restriction over the GPL, thus
rendering the software undistributable for everyone but the
original author.

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HTH,
massa


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Bug#328121: Linuxsampler license

2005-09-14 Thread Göran Weinholt
On Tue, Sep 13, 2005 at 05:54:35PM +0300, Harri Järvi wrote:
[...]
 The problem is that the README in linuxsampler says the following thing:
 
 This software is distributed under the GNU General Public License (see
 COPYING file), and may not be used in commercial applications without
 asking the authors for permission.

I agree that this is inconsistent as written, but I think it's likely
that upstream meant to write proprietary instead of commercial.
Simply explaining the difference to them should be enough to make them
change the wording. See this essay for an explanation of the difference:

http://www.fsf.org/licensing/essays/words-to-avoid.html#Commercial

 In addition there's a conflict between linuxsampler's aim to be an
 opensource software, and the license used. Restricting commercial use
 makes the software nonopensource by OSI definition and nonfree by Free
 Software Foundation's Free Software definition.

I think upstream only meant to make it clear to developers of
proprietary software that they need to ask for a special license if
they don't want to follow the GPL.

Regards,

-- 
Göran Weinholt [EMAIL PROTECTED]
Debian developer, sysadmin, netadmin


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Bug#328121: Linuxsampler license

2005-09-13 Thread Justin Pryzby
On Tue, Sep 13, 2005 at 01:02:43PM -0400, pryzbyj wrote:
 On Tue, Sep 13, 2005 at 05:54:35PM +0300, Harri J?rvi wrote:
  Hello,
  
  Linuxsampler is packaged in debian unstable.
  
  It would seem to me that Linuxsampler currently is not compatible with
  DFSG.
 Agree.

 I'm filing a grave bug now, hopefully with Cc: -legal the right way,
 this time.
Nope, I put it in the pseudoheader instead of the SMTP header.  This
is bug #328121.

 Justin


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