Re: Sources licensed under PHP License and not being PHP are not distributable

2014-07-08 Thread Thomas Goirand
On 07/08/2014 02:19 AM, Paul Tagliamonte wrote:
 On Mon, Jul 07, 2014 at 11:16:37PM +0800, Thomas Goirand wrote:
 Unless I'm mistaking, there's no sign that the PHP license prevents
 derivative work (even under a different license for your patch, if you
 feel like it).
 
 It's my reading that this is the case if you rename your project to not
 contain PHP (if it does), which would otherwise be violation of the license.
 
 /
 |  4. Products derived from this software may not be called PHP, nor
 | may PHP appear in their name, without prior written permission
 | from gr...@php.net.  You may indicate that your software works in
 | conjunction with PHP by saying Foo for PHP instead of calling
 | it PHP Foo or phpfoo
 \

Yes. The only restriction is to not use php-* for derivative packages.
That's very close to what we have with Firefox^WIceweasel. Maybe we
shouldn't have named all of our PEAR package php-*, but pear-* at least,
to avoid the issue. Though I'm not going to be the one working on all
the renaming ... :/

Thomas


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Re: Sources licensed under PHP License and not being PHP are not distributable

2014-07-07 Thread Thomas Goirand
On 06/26/2014 07:41 PM, Ondřej Surý wrote:
 The initial conclusion came from debian-legal, and I think it's
 futile to discuss that with ftp-masters when I already done that.
 And as you can see in the initial conversation in the bug report
 I was against the removal, but in the end they have convinced
 me that licensing anything not-being-PHP under PHP License
 is just no-goer.
 
 O.

It all depends what you consider not-being-PHP. To some degree,
modules in pear.php.net are part of PHP, which is why we call the
packages php-*. This is also upstream PHP (the language) view on the
mater as well.

Also, previously, it was the case that anything lower than PHP license
version 3.01 was not acceptable, but the PHP license was ok for PEAR
modules. This was already discussed at the time (I believe), or at
least, that's what I've been told by the FTP masters when uploading
(that I'm sure). I do not agree that we just go back, and change our
mind on the licensing policy, after we did all the work. This kind of
decision has to be firm, and we should hold to it. Otherwise, it's a
horrible loss of time for everyone.

Please let me know what changed, and what part of the license is not
acceptable anymore.

On 06/26/2014 07:53 PM, Ondřej Surý wrote:
 Don't shoot the messenger, I just did the dirty work.

I don't agree you're just the messenger. You've filed the RC bugs, no?

 I have discussed this with ftp-masters and release team before
 filling the bugs, arguing heavily in disagreement with ftp-master's
 REJECT FAQ - the PHP License REJECT is there since 2005.

That is simply not truth. Anything with PHP license  3.01 has been,
but if it's = 3.01, it has always been considered OK, at least for
pear.php.net modules. I believe there's a confusion inside the FTP
master team about this.

On 06/27/2014 02:17 AM, Matthias Urlichs wrote:
 Thus, while we're in a reasonably good position to convince Upstream
 to fix that problem, filing RC bugs and thus making PHP unuseable in
 Debian is certainly going to be regarded as typical Debian
 principles-above-all overkill but unlikely to be helpful to anybody.

Well put, but I'd have say it with stronger words.

On 06/27/2014 02:27 AM, Clint Byrum wrote:
 If anyone has a better way to safeguard those to whom we distribute
 software, please do speak up about it. I for one think our users
 choose Debian because they can be sure their rights are being looked
 after. Let's do what we can to help upstream rectify the situation,
 but lets also be honest with our users while they respond.

If we are to be honest, then we should *not* change our mind 10 years
after we've accepted some licensing. PEAR modules have been accepted
with PHP license 3.01, and we shall continue to keep them in Debian. I
have a less strong opinion about anything non-PEAR module and PHP
license though (I'm not sure about this, in all honesty), and I care
less about them anyway.

On 06/27/2014 10:43 AM, Chris Bannister wrote:
 On Thu, Jun 26, 2014 at 08:57:43PM +0200, Matthias Urlichs wrote:
 I'd recommend that we safeguard our users against 'PHP' licensing
 problems the same way I protect myself against a meteorite hitting
 me on my way to work tomorrow, and for roughly the same reasons.

 Because there is nothing you can do?

No, because statistically, it's as if it was impossible that such a
cataclysmic event occurs.

On 07/01/2014 05:22 AM, Clint Byrum wrote:
 Unless I'm mistaken, the wording in the PHP license makes it invalid
 for anybody that isn't actually the PHP project to use without making
 a false claim that THIS SOFTWARE IS PROVIDED BY THE PHP DEVELOPMENT
 TEAM.

IMO, you are mistaking indeed. Anyone contributing a module to
pear.php.net PEAR channel can be considered from the PHP development
team. That's a question of view, and we've accepted that view, so why
should we go back after we have accepted packages based on this? This is
also the view of upstream PHP (the language) and upstream PEAR module
contributors, as much as one can tell. If you do not agree, please point
to anyone who expressed otherwise.

On 07/01/2014 06:58 PM, Ondřej Surý wrote:
 JFTR the http://www.php.net/software page claims that software
 distributed from php.net, pecl.php.net and pear.php.net distributes
 software under PHP License[1].

 This was also claimed in some private emails between me and
 PHP folks[2].

 My conclusion is that the PHP folks do agree that the PHP License
 cannot be used for software outside *.php.net, but it's perfectly OK
 for stuff distributed from *.php.net.

I'm very surprised of the circonvolutions to finally have this outcome,
which we already knew about: it's been like this in Debian for YEARS.

On 07/01/2014 06:58 PM, Ondřej Surý wrote:
 If there's no wild disagreement from FTP Masters on this in couple
 of days I will just start closing bugs on packages distributed from
 *.php.net.

I agree that this is what should be done, yes.

Cheers,

Thomas Goirand (zigo)


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Re: Sources licensed under PHP License and not being PHP are not distributable

2014-07-07 Thread The Wanderer
-BEGIN PGP SIGNED MESSAGE-
Hash: SHA512

On 07/07/2014 03:39 AM, Thomas Goirand wrote:

 On 07/01/2014 05:22 AM, Clint Byrum wrote:
 
 Unless I'm mistaken, the wording in the PHP license makes it
 invalid for anybody that isn't actually the PHP project to use
 without making a false claim that THIS SOFTWARE IS PROVIDED BY THE
 PHP DEVELOPMENT TEAM.
 
 IMO, you are mistaking indeed. Anyone contributing a module to 
 pear.php.net PEAR channel can be considered from the PHP development
 team. That's a question of view, and we've accepted that view, so
 why should we go back after we have accepted packages based on this?
 This is also the view of upstream PHP (the language) and upstream
 PEAR module contributors, as much as one can tell. If you do not
 agree, please point to anyone who expressed otherwise.

One question / consideration:

Even assuming that all contributions accepted into modules hosted on
pear.php.net are considered automatically from the PHP Development
Team, and thus that the statement in the license would remain accurate,
wouldn't this mean that it wouldn't be possible to make local
modifications to a module found there and distribute them by other means
(e.g. even within one's own organization) without either making a false
statement in the license or violating the license?

If it would mean that, then wouldn't this license be considered non-free?

- --
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Secrecy is the beginning of tyranny.

A government exists to serve its citizens, not to control them.
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Re: Sources licensed under PHP License and not being PHP are not distributable

2014-07-07 Thread Paul R. Tagliamonte
Unless its renamed AFAICT.
   T
On Jul 7, 2014 4:19 AM, The Wanderer wande...@fastmail.fm wrote:

 -BEGIN PGP SIGNED MESSAGE-
 Hash: SHA512

 On 07/07/2014 03:39 AM, Thomas Goirand wrote:

  On 07/01/2014 05:22 AM, Clint Byrum wrote:
 
  Unless I'm mistaken, the wording in the PHP license makes it
  invalid for anybody that isn't actually the PHP project to use
  without making a false claim that THIS SOFTWARE IS PROVIDED BY THE
  PHP DEVELOPMENT TEAM.
 
  IMO, you are mistaking indeed. Anyone contributing a module to
  pear.php.net PEAR channel can be considered from the PHP development
  team. That's a question of view, and we've accepted that view, so
  why should we go back after we have accepted packages based on this?
  This is also the view of upstream PHP (the language) and upstream
  PEAR module contributors, as much as one can tell. If you do not
  agree, please point to anyone who expressed otherwise.

 One question / consideration:

 Even assuming that all contributions accepted into modules hosted on
 pear.php.net are considered automatically from the PHP Development
 Team, and thus that the statement in the license would remain accurate,
 wouldn't this mean that it wouldn't be possible to make local
 modifications to a module found there and distribute them by other means
 (e.g. even within one's own organization) without either making a false
 statement in the license or violating the license?

 If it would mean that, then wouldn't this license be considered non-free?

 - --
The Wanderer

 Secrecy is the beginning of tyranny.

 A government exists to serve its citizens, not to control them.
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 Comment: Using GnuPG with Mozilla - http://enigmail.mozdev.org/

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Re: Sources licensed under PHP License and not being PHP are not distributable

2014-07-07 Thread Thomas Goirand
On 07/07/2014 04:19 PM, The Wanderer wrote:
 On 07/07/2014 03:39 AM, Thomas Goirand wrote:
 
 On 07/01/2014 05:22 AM, Clint Byrum wrote:
 
 Unless I'm mistaken, the wording in the PHP license makes it
 invalid for anybody that isn't actually the PHP project to use
 without making a false claim that THIS SOFTWARE IS PROVIDED BY THE
 PHP DEVELOPMENT TEAM.
 
 IMO, you are mistaking indeed. Anyone contributing a module to 
 pear.php.net PEAR channel can be considered from the PHP development
 team. That's a question of view, and we've accepted that view, so
 why should we go back after we have accepted packages based on this?
 This is also the view of upstream PHP (the language) and upstream
 PEAR module contributors, as much as one can tell. If you do not
 agree, please point to anyone who expressed otherwise.
 
 One question / consideration:
 
 Even assuming that all contributions accepted into modules hosted on
 pear.php.net are considered automatically from the PHP Development
 Team, and thus that the statement in the license would remain accurate,
 wouldn't this mean that it wouldn't be possible to make local
 modifications to a module found there and distribute them by other means
 (e.g. even within one's own organization) without either making a false
 statement in the license or violating the license?
 
 If it would mean that, then wouldn't this license be considered non-free?

Unless I'm mistaking, there's no sign that the PHP license prevents
derivative work (even under a different license for your patch, if you
feel like it).

Thomas


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Re: Sources licensed under PHP License and not being PHP are not distributable

2014-07-07 Thread Paul Tagliamonte
On Mon, Jul 07, 2014 at 11:16:37PM +0800, Thomas Goirand wrote:
 Unless I'm mistaking, there's no sign that the PHP license prevents
 derivative work (even under a different license for your patch, if you
 feel like it).

It's my reading that this is the case if you rename your project to not
contain PHP (if it does), which would otherwise be violation of the license.

/
|  4. Products derived from this software may not be called PHP, nor
| may PHP appear in their name, without prior written permission
| from gr...@php.net.  You may indicate that your software works in
| conjunction with PHP by saying Foo for PHP instead of calling
| it PHP Foo or phpfoo
\

 Thomas

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Re: Sources licensed under PHP License and not being PHP are not distributable

2014-07-06 Thread Holger Levsen
Hi,

while going through the list of (new) RC bugs claiming to affect wheezy, I 
noticed a whole bunch of $foo is licensed under the PHP license and is not 
PHP ones and am wondering if removal from stable is planned as well.

Is it?


cheers,
Holger


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Re: Sources licensed under PHP License and not being PHP are not distributable

2014-07-01 Thread Matthias Urlichs
Hi,

Steve Langasek:
 And yes, there are PHP extensions that are not distributable in binary form
 because of this license.  But relicensing *the extension* changes nothing
 about this, they are *still* not redistributable as part of Debian because
 they're linking GPL code into PHP which is and will remain GPL-incompatible.
 
Right, but this is about the strange way some people apply the PHP license
in general, not GPL violations by specific extensions.

Please stay somewhat on topic here.
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Re: Sources licensed under PHP License and not being PHP are not distributable

2014-07-01 Thread Matthias Urlichs
Hi,

Clint Byrum:
 That's quite the opposite of what I would suggest. Such distributions
 may actually feel that they can withstand any damages that PHP/Zend can
 claim against them, and their brands depend on them taking care of their
 end users, but even if they didn't, they could also absorb any damage
 those users could claim.
 
It is quite obvious that PHP/Zend does not give a flying  about the way
the license is (mis)used by third parties. Also quite obviously, these
selfsame third parties think the license to be perfectly applicable, will
not change it, and consider us quite strange for even mentioning this.

Where do we go from here? We have three options …

(A) Remove from Debian. Quite frankly, I'd be for this in a heartbeat
if it would make people switch to a saner programming language,
but that's wishful thinking (rewrite Mediawiki in Python??).

Best outcome: some people create a separate apt archive for the PHP
modules we kick out. Worst outcome: a lot of people switch distros
because they need the stuff and we lose contributors, not just users.

(B) Get Upstream (all of them) to change licenses.

My opinion: Fat chance.

(C) Bite the bullet and admit that when everybody else calls a color
light blue which we consider to be cyan, we might as well docuent
that fact instead of trying to convince everybody else that they're
wrong, even if they are, from our PoV. After all, the color stays the
same, no matter what people call it.

By the same token, this license is valid by force of everybody under
the sun considering it to be valid (taking intent and all that into
account). The chance of an author of / contributor to one of these
packages (nobody else has any legal standing to do so) suing us for
distributing this code is … well … I suspect that if you want to get
a lawyer to laugh, you might as well ask them.

So. Bottom line: Can we agree to compromise on some modification of
(C) informally, or is a GR required?

Disclaimer: IANAL.

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Re: Sources licensed under PHP License and not being PHP are not distributable

2014-07-01 Thread Ondřej Surý
On Tue, Jul 1, 2014, at 10:17, Matthias Urlichs wrote:
 (C) Bite the bullet and admit that when everybody else calls a color
 light blue which we consider to be cyan, we might as well docuent
 that fact instead of trying to convince everybody else that they're
 wrong, even if they are, from our PoV. After all, the color stays the
 same, no matter what people call it.
 
 By the same token, this license is valid by force of everybody under
 the sun considering it to be valid (taking intent and all that into
 account). The chance of an author of / contributor to one of these
 packages (nobody else has any legal standing to do so) suing us for
 distributing this code is … well … I suspect that if you want to get
 a lawyer to laugh, you might as well ask them.
 
 So. Bottom line: Can we agree to compromise on some modification of
 (C) informally, or is a GR required?

JFTR the http://www.php.net/software page claims that software
distributed from php.net, pecl.php.net and pear.php.net distributes
software under PHP License[1].

This was also claimed in some private emails between me and
PHP folks[2].

My conclusion is that the PHP folks do agree that the PHP License
cannot be used for software outside *.php.net, but it's perfectly OK
for stuff distributed from *.php.net.

If there's no wild disagreement from FTP Masters on this in couple
of days I will just start closing bugs on packages distributed from
*.php.net.

1,2: smarty3 should be okay as well, it's just not yet documented there.

Ondrej
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Re: Sources licensed under PHP License and not being PHP are not distributable

2014-07-01 Thread Carlos Alberto Lopez Perez
On 30/06/14 23:47, Marco d'Itri wrote:
 Unless I'm mistaken, the wording in the PHP license makes it invalid for
  anybody that isn't actually the PHP project to use without making a
  false claim that THIS SOFTWARE IS PROVIDED BY THE PHP DEVELOPMENT
  TEAM.
 The fact that ~nobody else believes this, the authors of these 
 extentions among them, indeed suggests that you are mistaken.

I agree.

The text of a license don't means the same to a lawyer than to a developer.
Developers try to understand licenses by applying logic, but logic don't
always translates into legal requirements.


One example of that is the common usage of the All rights reserved
wording on BSD licenses. [1]

Another example is the *huge* list of software that we distribute that
claims to be provided by the regents of the University of California [2],
when that is clearly not true in many cases:

$ grep -l 'THIS SOFTWARE IS PROVIDED BY THE REGENTS' /usr/share/doc/*/copyright 
| wc -l
360


So, unless a lawyer (or the authors of the license) tells us that using the
PHP License version 3.01 for distributing software not developed by the
PHP DEVELOPMENT TEAM is illegal, I suggest that we close all the bugs filed,
and that we remove the Uses PHP License, but is not PHP from the REJECT-FAQ.


---
[1] 
http://projects.opensource.org/pipermail/license-discuss/2013-June/001011.html
[2] https://en.wikipedia.org/wiki/Regents_of_the_University_of_California



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Re: Sources licensed under PHP License and not being PHP are not distributable

2014-07-01 Thread Russ Allbery
Matthias Urlichs matth...@urlichs.de writes:

 (C) Bite the bullet and admit that when everybody else calls a color
 light blue which we consider to be cyan, we might as well docuent
 that fact instead of trying to convince everybody else that they're
 wrong, even if they are, from our PoV. After all, the color stays the
 same, no matter what people call it.

 By the same token, this license is valid by force of everybody under
 the sun considering it to be valid (taking intent and all that into
 account). The chance of an author of / contributor to one of these
 packages (nobody else has any legal standing to do so) suing us for
 distributing this code is … well … I suspect that if you want to get
 a lawyer to laugh, you might as well ask them.

 So. Bottom line: Can we agree to compromise on some modification of
 (C) informally, or is a GR required?

(C) seems right to me as well.  I don't see this as a matter of principle
unless the principle is we refuse to deal with even major software
packages that do dumb and self-contradictory things with licenses but
without any intent to actually restrict the freedom of the software
covered by them.  And I don't actually agree with that principle.  For
stuff not already in Debian, sure, let's stick to a simple policy because
we can usually get people to change upstream and make the world a better
place, and we don't lose much if we fail.  But that doesn't really apply
to PHP.

This isn't like the GFDL where we have an actual, substantial disagreement
with upstream over whether something is free software.  The clear intent
and the de facto reality is that this software is free; the license just
has crappy wording that no one reads literally.  From a legal perspective,
I think one could make a pretty strong argument that estoppel applies to
any attempt to enforce the license literally at this point.

-- 
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Re: Sources licensed under PHP License and not being PHP are not distributable

2014-06-30 Thread Faidon Liambotis

On 06/26/14 14:00, Ondřej Surý wrote:

I did have a quite long and extensive chat with FTP Masters
and our conclusion was that PHP License (any version) is
suitable only for software that comes directly from PHP Group,
that basically means only PHP (src:php5) itself.


This issue reached Planet today, making this even more visible and 
embarassing to the project, IMO.


Unless I'm mistaken, I don't see any emails from any of the FTP masters 
on the matter and we've only been informed about a long and extensive 
chat with them that had the end result of the mass bug filling. The 
exact reasoning behind this is still unknown to me and I think this 
whole chat happened in private -- if not, pointers are welcome.


The only think that we /do/ have is a short paragraph from the REJECT 
FAQ which a) was documented a long time ago, b) is inaccurate for 3.01 
(the includes the Zend Engine part) and c) has been consistently 
ignored in NEW reviews for almost a decade.


Can we get an official word from the ftp-masters and have this 
discussion in public, please?


Thanks,
Faidon


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Re: Sources licensed under PHP License and not being PHP are not distributable

2014-06-30 Thread Marco d'Itri
On Jun 30, Faidon Liambotis parav...@debian.org wrote:

 Can we get an official word from the ftp-masters and have this discussion in
 public, please?
+1

I am ready to explore every available option to make sure that the next 
release will not be useless for my customers (hence forcing me to 
install/migrate hundreds of servers to Ubuntu). (And I even hate PHP.)

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Re: Sources licensed under PHP License and not being PHP are not distributable

2014-06-30 Thread Clint Byrum
Excerpts from md's message of 2014-06-30 13:43:59 -0700:
 On Jun 30, Faidon Liambotis parav...@debian.org wrote:
 
  Can we get an official word from the ftp-masters and have this discussion in
  public, please?
 +1
 
 I am ready to explore every available option to make sure that the next 
 release will not be useless for my customers (hence forcing me to 
 install/migrate hundreds of servers to Ubuntu). (And I even hate PHP.)
 

Ubuntu would follow suit I think. It would be too much of a burden to
carry all of that without Debian maintainer assistance.


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Re: Sources licensed under PHP License and not being PHP are not distributable

2014-06-30 Thread Marco d'Itri
On Jun 30, Clint Byrum spam...@debian.org wrote:

 Ubuntu would follow suit I think. It would be too much of a burden to
 carry all of that without Debian maintainer assistance.
If manpower is a problem for them then I expect that they would keep at 
least the handful of critically important extensions, or they would lose 
too much market share.

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Re: Sources licensed under PHP License and not being PHP are not distributable

2014-06-30 Thread Clint Byrum
Excerpts from md's message of 2014-06-26 16:54:11 -0700:
 On Jun 26, Clint Byrum spam...@debian.org wrote:
 
  Oh good, another discussion where we argue against our principles. I
 And which principles would be that, exactly?
 

https://www.debian.org/social_contract

Specifically, we won't hide problems and Debian will remain 100% free.

Unless I'm mistaken, the wording in the PHP license makes it invalid for
anybody that isn't actually the PHP project to use without making a
false claim that THIS SOFTWARE IS PROVIDED BY THE PHP DEVELOPMENT
TEAM.

It is also GPL incompatible due to restrictions it places on the
licensee's activities and the word PHP.

  If anyone has a better way to safeguard those to whom we distribute
  software, please do speak up about it.
 I suggest mimicking distributions that have real money and real lawyers, 
 since probably they have a better idea than we do about the legal risks 
 for themselves and their users.


That's quite the opposite of what I would suggest. Such distributions
may actually feel that they can withstand any damages that PHP/Zend can
claim against them, and their brands depend on them taking care of their
end users, but even if they didn't, they could also absorb any damage
those users could claim.

However, our users may not have deep pockets and are trusting Debian to
uphold the social contract and only distribute 100% free software. We're
in quite a different role than distros with real money and lawyers.

Anyway, I hope my original message wasn't lost: Let's solve this
without compromising our principles. Not let's act blindly.


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Re: Sources licensed under PHP License and not being PHP are not distributable

2014-06-30 Thread Clint Byrum
Excerpts from md's message of 2014-06-30 14:18:15 -0700:
 On Jun 30, Clint Byrum spam...@debian.org wrote:
 
  Ubuntu would follow suit I think. It would be too much of a burden to
  carry all of that without Debian maintainer assistance.
 If manpower is a problem for them then I expect that they would keep at 
 least the handful of critically important extensions, or they would lose 
 too much market share.
 

Or perhaps they'd use what little manpower they do have available to
approach upstreams about correcting the false statements their license
makes and becoming GPL compatible.

If we act quickly and get the critical ones fixed, nobody will care
about the others and they'll follow suit if they want back in Debian.


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Re: Sources licensed under PHP License and not being PHP are not distributable

2014-06-30 Thread Scott Kitterman
On Monday, June 30, 2014 14:11:33 Clint Byrum wrote:
 Excerpts from md's message of 2014-06-30 13:43:59 -0700:
  On Jun 30, Faidon Liambotis parav...@debian.org wrote:
   Can we get an official word from the ftp-masters and have this
   discussion in public, please?
  
  +1
  
  I am ready to explore every available option to make sure that the next
  release will not be useless for my customers (hence forcing me to
  install/migrate hundreds of servers to Ubuntu). (And I even hate PHP.)
 
 Ubuntu would follow suit I think. It would be too much of a burden to
 carry all of that without Debian maintainer assistance.

As far as I know, the only case where Ubuntu deviates from Debian regarding 
license policy is that it allows GFDL invariant.  I doubt it would be different 
here.

Scott K


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Re: Sources licensed under PHP License and not being PHP are not distributable

2014-06-30 Thread Steve Langasek
On Mon, Jun 30, 2014 at 02:22:22PM -0700, Clint Byrum wrote:
 Excerpts from md's message of 2014-06-26 16:54:11 -0700:
  On Jun 26, Clint Byrum spam...@debian.org wrote:

   Oh good, another discussion where we argue against our principles. I
  And which principles would be that, exactly?

 https://www.debian.org/social_contract

 Specifically, we won't hide problems and Debian will remain 100% free.

 Unless I'm mistaken, the wording in the PHP license makes it invalid for
 anybody that isn't actually the PHP project to use without making a
 false claim that THIS SOFTWARE IS PROVIDED BY THE PHP DEVELOPMENT
 TEAM.

 It is also GPL incompatible due to restrictions it places on the
 licensee's activities and the word PHP.

PHP as a whole is GPL-incompatible and this won't change; and GPL
compatibility is a non-issue for interpreted languages.  So this last bit
isn't really relevant here.

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Re: Sources licensed under PHP License and not being PHP are not distributable

2014-06-30 Thread Clint Byrum
Excerpts from Steve Langasek's message of 2014-06-30 14:39:03 -0700:
 On Mon, Jun 30, 2014 at 02:22:22PM -0700, Clint Byrum wrote:
  Excerpts from md's message of 2014-06-26 16:54:11 -0700:
   On Jun 26, Clint Byrum spam...@debian.org wrote:
 
Oh good, another discussion where we argue against our principles. I
   And which principles would be that, exactly?
 
  https://www.debian.org/social_contract
 
  Specifically, we won't hide problems and Debian will remain 100% free.
 
  Unless I'm mistaken, the wording in the PHP license makes it invalid for
  anybody that isn't actually the PHP project to use without making a
  false claim that THIS SOFTWARE IS PROVIDED BY THE PHP DEVELOPMENT
  TEAM.
 
  It is also GPL incompatible due to restrictions it places on the
  licensee's activities and the word PHP.
 
 PHP as a whole is GPL-incompatible and this won't change; and GPL
 compatibility is a non-issue for interpreted languages.  So this last bit
 isn't really relevant here.
 

This is about extensions, so it is entirely likely that extensions want
to link to GPL and LGPL libraries where PHP itself does not.


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Re: Sources licensed under PHP License and not being PHP are not distributable

2014-06-30 Thread Marco d'Itri
On Jun 30, Clint Byrum spam...@debian.org wrote:

   Oh good, another discussion where we argue against our principles. I
  And which principles would be that, exactly?
 https://www.debian.org/social_contract
 Specifically, we won't hide problems and Debian will remain 100% free.
We would first need to acknowledge that such a problem exists.

 Unless I'm mistaken, the wording in the PHP license makes it invalid for
 anybody that isn't actually the PHP project to use without making a
 false claim that THIS SOFTWARE IS PROVIDED BY THE PHP DEVELOPMENT
 TEAM.
The fact that ~nobody else believes this, the authors of these 
extentions among them, indeed suggests that you are mistaken.

Here you can see the php-memcache upstream clarifying that they consider 
you wrong and that they are not going to change the license: 
https://bugs.php.net/bug.php?id=67517 .
This is one of the critically important extensions.

 It is also GPL incompatible due to restrictions it places on the
 licensee's activities and the word PHP.
I do not think that this is being contended.

  I suggest mimicking distributions that have real money and real lawyers, 
  since probably they have a better idea than we do about the legal risks 
  for themselves and their users.
 That's quite the opposite of what I would suggest. Such distributions
 may actually feel that they can withstand any damages that PHP/Zend can
 claim against them, and their brands depend on them taking care of their
 end users, but even if they didn't, they could also absorb any damage
 those users could claim.
Sorry, this is not how the real world works: corporations the size of 
Red Hat tend to not knowingly engage in copyright violations or they 
would be destroyed by the punitive damages.
Also, I do not believe that any Linux distributor ever offered an 
indemnifying clause for copyright infringement.
The obvious example here (even if it is about patents and not copyright) 
is Red Hat and mp3 decoders.

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Re: Sources licensed under PHP License and not being PHP are not distributable

2014-06-30 Thread Steve Langasek
On Mon, Jun 30, 2014 at 02:45:07PM -0700, Clint Byrum wrote:
 Excerpts from Steve Langasek's message of 2014-06-30 14:39:03 -0700:
  On Mon, Jun 30, 2014 at 02:22:22PM -0700, Clint Byrum wrote:
   Excerpts from md's message of 2014-06-26 16:54:11 -0700:
On Jun 26, Clint Byrum spam...@debian.org wrote:

 Oh good, another discussion where we argue against our principles. I
And which principles would be that, exactly?

   https://www.debian.org/social_contract

   Specifically, we won't hide problems and Debian will remain 100% free.

   Unless I'm mistaken, the wording in the PHP license makes it invalid for
   anybody that isn't actually the PHP project to use without making a
   false claim that THIS SOFTWARE IS PROVIDED BY THE PHP DEVELOPMENT
   TEAM.

   It is also GPL incompatible due to restrictions it places on the
   licensee's activities and the word PHP.

  PHP as a whole is GPL-incompatible and this won't change; and GPL
  compatibility is a non-issue for interpreted languages.  So this last bit
  isn't really relevant here.

 This is about extensions, so it is entirely likely that extensions want
 to link to GPL and LGPL libraries where PHP itself does not.

It's not LGPL incompatible, it's only GPL incompatible.

And yes, there are PHP extensions that are not distributable in binary form
because of this license.  But relicensing *the extension* changes nothing
about this, they are *still* not redistributable as part of Debian because
they're linking GPL code into PHP which is and will remain GPL-incompatible.

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Re: Sources licensed under PHP License and not being PHP are not distributable

2014-06-28 Thread Kurt Roeckx
On Thu, Jun 26, 2014 at 02:32:27PM +0200, Ondrej Surý wrote:
 Hi Charles,
 
 On Thu, Jun 26, 2014, at 14:27, Charles Plessy wrote:
 
  If your disagreement with the FTP team is unresolvable, and if you have
  time, maybe you can try to open a ticket for a resolution by the Technical
  Comittee ?
 
 I don't think that falls under tech-ctte jurisdiction under Chapter 8.1
 of
 Debian Constitution. Ccing Debian Secretary...
 
 I guess such overruling would need a GR.

If you're going to overrule a delegate you would need a GR.

That doesn't mean there aren't other options.


Kurt


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Re: Sources licensed under PHP License and not being PHP are not distributable

2014-06-27 Thread Matthias Urlichs
Hi,

Chris Bannister:
 On Thu, Jun 26, 2014 at 08:57:43PM +0200, Matthias Urlichs wrote:
  I'd recommend that we safeguard our users against 'PHP' licensing problems
  the same way I protect myself against a meteorite hitting me on my way to
  work tomorrow, and for roughly the same reasons.
 
 Because there is nothing you can do?
 
Because the probability that the event actually happens is about the same.

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Sources licensed under PHP License and not being PHP are not distributable

2014-06-26 Thread Ondřej Surý
Hi everyone,

I should have done this earlier before cloning the bugs, so here's
some more background on the bugs filled.

I did have a quite long and extensive chat with FTP Masters
and our conclusion was that PHP License (any version) is
suitable only for software that comes directly from PHP Group,
that basically means only PHP (src:php5) itself.

We have several options to do here:

1. Ask upstream to re-license the software to different free license
- BSD or MIT/Expat is the closest one.

2. Show that the software in question does come from PHP Group,
f.e. software based on src:php5 sources. Most notable example is
src:php-json which is copy of ext/json/ adapted to libjson-c-dev
instead of the included JSON-IS-EVIL library.

3. We remove the source packages from Debian.

One more note: PHP is *not* compatible with GPL[1]. If you have
sources that combine PHP-licensed source with GPL-licenced
source the result is not distributable. That includes linking GPL
library to PHP licenced source (e.g. libreadline as most notable
example of GPL library).

While doing the copyright research I have found two such examples
and Ansgar was that kind that he filled: #752625 and #752627

Full list of bugs filled under this:
https://bugs.debian.org/cgi-bin/pkgreport.cgi?users=ondrej%40debian.orgtag=php-license-3.01

If you feel to dispute this please take your *well-formed* and
*well-thought*
arguments to debian-legal.

Ondrej
  [1] https://www.gnu.org/licenses/license-list.html#PHP-3.01
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Re: Sources licensed under PHP License and not being PHP are not distributable

2014-06-26 Thread Dimitri John Ledkov
On 26 June 2014 12:00, Ondřej Surý ond...@sury.org wrote:

 Hi everyone,

 I should have done this earlier before cloning the bugs, so here's
 some more background on the bugs filled.

 I did have a quite long and extensive chat with FTP Masters
 and our conclusion was that PHP License (any version) is
 suitable only for software that comes directly from PHP Group,
 that basically means only PHP (src:php5) itself.


Can ftp-masters or you summarise the logic argumentation behind the
above conclusion?

 We have several options to do here:

 1. Ask upstream to re-license the software to different free license
 - BSD or MIT/Expat is the closest one.

 2. Show that the software in question does come from PHP Group,
 f.e. software based on src:php5 sources. Most notable example is
 src:php-json which is copy of ext/json/ adapted to libjson-c-dev
 instead of the included JSON-IS-EVIL library.

 3. We remove the source packages from Debian.

 One more note: PHP is *not* compatible with GPL[1]. If you have
 sources that combine PHP-licensed source with GPL-licenced
 source the result is not distributable. That includes linking GPL
 library to PHP licenced source (e.g. libreadline as most notable
 example of GPL library).

 While doing the copyright research I have found two such examples
 and Ansgar was that kind that he filled: #752625 and #752627

 Full list of bugs filled under this:
 https://bugs.debian.org/cgi-bin/pkgreport.cgi?users=ondrej%40debian.orgtag=php-license-3.01

 If you feel to dispute this please take your *well-formed* and
 *well-thought*
 arguments to debian-legal.


Why debian-legal, and not here / with you  ftp-masters ?

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Re: Sources licensed under PHP License and not being PHP are not distributable

2014-06-26 Thread Ondřej Surý


On Thu, Jun 26, 2014, at 13:09, Dimitri John Ledkov wrote:
 On 26 June 2014 12:00, Ondřej Surý ond...@sury.org wrote:
 
  Hi everyone,
 
  I should have done this earlier before cloning the bugs, so here's
  some more background on the bugs filled.
 
  I did have a quite long and extensive chat with FTP Masters
  and our conclusion was that PHP License (any version) is
  suitable only for software that comes directly from PHP Group,
  that basically means only PHP (src:php5) itself.
 
 
 Can ftp-masters or you summarise the logic argumentation behind the
 above conclusion?

https://ftp-master.debian.org/REJECT-FAQ.html

You have a PHP add-on package (any php script/app/thing, not PHP
itself) and it's licensed only under the standard PHP license. That
license, up to the 3.x which is actually out, is not really usable for
anything else than PHP itself. I've mailed our -legal list about that
and got only one response, which basically supported my view on this.
Basically this license talks only about PHP, the PHP Group, and includes
Zend Engine, so its not applicable to anything else. And even worse,
older versions include the nice ad-clause.

One good solution here is to suggest a license change to your upstream,
as they clearly wanted a free one. LGPL or BSD seems to be what they
want.

And https://lists.debian.org/debian-legal/2005/08/msg00128.html

I tried to raise the same argument again:
https://lists.debian.org/debian-legal/2014/06/msg0.html

  We have several options to do here:
 
  1. Ask upstream to re-license the software to different free license
  - BSD or MIT/Expat is the closest one.
 
  2. Show that the software in question does come from PHP Group,
  f.e. software based on src:php5 sources. Most notable example is
  src:php-json which is copy of ext/json/ adapted to libjson-c-dev
  instead of the included JSON-IS-EVIL library.
 
  3. We remove the source packages from Debian.
 
  One more note: PHP is *not* compatible with GPL[1]. If you have
  sources that combine PHP-licensed source with GPL-licenced
  source the result is not distributable. That includes linking GPL
  library to PHP licenced source (e.g. libreadline as most notable
  example of GPL library).
 
  While doing the copyright research I have found two such examples
  and Ansgar was that kind that he filled: #752625 and #752627
 
  Full list of bugs filled under this:
  https://bugs.debian.org/cgi-bin/pkgreport.cgi?users=ondrej%40debian.orgtag=php-license-3.01
 
  If you feel to dispute this please take your *well-formed* and
  *well-thought*
  arguments to debian-legal.
 
 
 Why debian-legal, and not here / with you  ftp-masters ?

The initial conclusion came from debian-legal, and I think it's
futile to discuss that with ftp-masters when I already done that.
And as you can see in the initial conversation in the bug report
I was against the removal, but in the end they have convinced
me that licensing anything not-being-PHP under PHP License
is just no-goer.

O.
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Re: Bug#752614: Sources licensed under PHP License and not being PHP are not distributable

2014-06-26 Thread Mike Gabriel

Hi Ondřej,

On  Do 26 Jun 2014 13:00:12 CEST, Ondřej Surý wrote:


I did have a quite long and extensive chat with FTP Masters
and our conclusion was that PHP License (any version) is
suitable only for software that comes directly from PHP Group,
that basically means only PHP (src:php5) itself.


Can you provide some evidence why you think this applies to smarty3?

Smarty3 is licensed under LGPL-2.1+ so I am hesitant to belief that  
this bug actually affects Smarty3.


Please enlighten me!
Mike
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Re: Sources licensed under PHP License and not being PHP are not distributable

2014-06-26 Thread Ondřej Surý
On Thu, Jun 26, 2014, at 13:36, Faidon Liambotis wrote:
 On 06/26/14 14:00, Ondřej Surý wrote:
  I should have done this earlier before cloning the bugs, so here's
  some more background on the bugs filled.
 
  I did have a quite long and extensive chat with FTP Masters
  and our conclusion was that PHP License (any version) is
  suitable only for software that comes directly from PHP Group,
  that basically means only PHP (src:php5) itself.
 
 Could you elaborate on the reasoning of that? Neither your email to 
 -devel nor the one to -legal[1] explains why you think so and whatever 
 it is, I think it's far from obvious. I think an outcome that results in 
 a mass (RC) bug filing needs to be better documented than that -- and 
 btw, you're supposed to mail debian-devel *before* you do so, not after; 
 cf. developer's reference 7.1.1.

Don't shoot the messenger, I just did the dirty work.

I have discussed this with ftp-masters and release team before
filling the bugs, arguing heavily in disagreement with ftp-master's
REJECT FAQ - the PHP License REJECT is there since 2005.

Ondrej
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Re: Bug#752614: Sources licensed under PHP License and not being PHP are not distributable

2014-06-26 Thread Ondřej Surý
On Thu, Jun 26, 2014, at 13:56, Ondřej Surý wrote:
 On Thu, Jun 26, 2014, at 13:52, Mike Gabriel wrote:
  Hi Ondřej,
  
  On  Do 26 Jun 2014 13:00:12 CEST, Ondřej Surý wrote:
  
   I did have a quite long and extensive chat with FTP Masters
   and our conclusion was that PHP License (any version) is
   suitable only for software that comes directly from PHP Group,
   that basically means only PHP (src:php5) itself.
  
  Can you provide some evidence why you think this applies to smarty3?
  
  Smarty3 is licensed under LGPL-2.1+ so I am hesitant to belief that  
  this bug actually affects Smarty3.
 
 Files: development/lexer/LexerGenerator/Lexer.php
 Copyright:
  2006, Gregory Beaver
 License: PHP License 3.01, http://www.php.net/license/3_01.txt
  This source file is subject to version 3.01 of the PHP license
  that is available through the world-wide-web at the following URI:
  http://www.php.net/license/3_01.txt. If you did not receive a copy of
  the PHP License and are unable to obtain it through the web, please
  send a note to lice...@php.net so we can mail you a copy immediately.
 
 Files: development/lexer/Exception.php
 Copyright:
  2006, Gregory Beaver
 License: PHP License 3.0, http://www.php.net/license/3_0.txt
  This source file is subject to version 3.0 of the PHP license
  that is available through the world-wide-web at the following URI:
  http://www.php.net/license/3_0.txt. If you did not receive a copy of
  the PHP License and are unable to obtain it through the web, please
  send a note to lice...@php.net so we can mail you a copy immediately.
 
 And two more undocumented:

./development/lexer/ParserGenerator/State.php: * @license   
http://www.php.net/license/3_01.txt  PHP License 3.01
./development/lexer/ParserGenerator/Parser.php: * @license   
http://www.php.net/license/3_01.txt  PHP License 3.01

Cheers,
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Re: Bug#752614: Sources licensed under PHP License and not being PHP are not distributable

2014-06-26 Thread Ondřej Surý
On Thu, Jun 26, 2014, at 13:52, Mike Gabriel wrote:
 Hi Ondřej,
 
 On  Do 26 Jun 2014 13:00:12 CEST, Ondřej Surý wrote:
 
  I did have a quite long and extensive chat with FTP Masters
  and our conclusion was that PHP License (any version) is
  suitable only for software that comes directly from PHP Group,
  that basically means only PHP (src:php5) itself.
 
 Can you provide some evidence why you think this applies to smarty3?
 
 Smarty3 is licensed under LGPL-2.1+ so I am hesitant to belief that  
 this bug actually affects Smarty3.

Files: development/lexer/LexerGenerator/Lexer.php
Copyright:
 2006, Gregory Beaver
License: PHP License 3.01, http://www.php.net/license/3_01.txt
 This source file is subject to version 3.01 of the PHP license
 that is available through the world-wide-web at the following URI:
 http://www.php.net/license/3_01.txt. If you did not receive a copy of
 the PHP License and are unable to obtain it through the web, please
 send a note to lice...@php.net so we can mail you a copy immediately.

Files: development/lexer/Exception.php
Copyright:
 2006, Gregory Beaver
License: PHP License 3.0, http://www.php.net/license/3_0.txt
 This source file is subject to version 3.0 of the PHP license
 that is available through the world-wide-web at the following URI:
 http://www.php.net/license/3_0.txt. If you did not receive a copy of
 the PHP License and are unable to obtain it through the web, please
 send a note to lice...@php.net so we can mail you a copy immediately.

And two more undocumented:



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Re: Sources licensed under PHP License and not being PHP are not distributable

2014-06-26 Thread Faidon Liambotis

On 06/26/14 14:00, Ondřej Surý wrote:

I should have done this earlier before cloning the bugs, so here's
some more background on the bugs filled.

I did have a quite long and extensive chat with FTP Masters
and our conclusion was that PHP License (any version) is
suitable only for software that comes directly from PHP Group,
that basically means only PHP (src:php5) itself.


Could you elaborate on the reasoning of that? Neither your email to 
-devel nor the one to -legal[1] explains why you think so and whatever 
it is, I think it's far from obvious. I think an outcome that results in 
a mass (RC) bug filing needs to be better documented than that -- and 
btw, you're supposed to mail debian-devel *before* you do so, not after; 
cf. developer's reference 7.1.1.


Besides the importance of the bug filing itself and removing half of PHP 
from Debian (including packages such as php-memcached!), I have another 
point to make: as you're well aware, we're in the progress of packaging 
Facebook's HHVM, which is a new runtime engine for PHP that is gaining 
some popularity[2].


HHVM is heavily based on PHP and both the parts that are forked from PHP 
and the parts that were originally written by Facebook (e.g. the VM 
engine) are licensed either under the PHP 3.01 or the Zend 2.00 licenses.


Facebook's lawyers clearly think it's okay, and I do too, FWIW. They do 
avoid direct and indirect GPL dependencies of course, but I frankly 
can't see why the PHP license here would be problematic.


Regards,
Faidon

1: 1401193085.24090.121958581.5b64c...@webmail.messagingengine.com
2: We intend of switching Wikimedia's infrastructure to HHVM in the 
upcoming quarter, for instance.



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Re: Bug#752532: Sources licensed under PHP License and not being PHP are not distributable

2014-06-26 Thread Sergey B Kirpichev
On Thu, Jun 26, 2014 at 01:00:12PM +0200, Ondřej Surý wrote:
 3. We remove the source packages from Debian.

Can you kindly explain why?  Is the PHP license is non-free?  If so,
why?  If not - let's lower the bugs severity.

I see only *one* reply from debian-legal here:
https://lists.debian.org/debian-legal/2005/08/threads.html#00128

And this reply is not strictly suggests to do such (insane) thing.

--8--
 So, looking at such packages in NEW - what do you guys suggest to do?
 *I* tend to go and kick them out.

I would probably let it pass
--8--

Most authors will ignore such artifical license issues, coming
from the Debian, especially as this is not a problem for other distributions.


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Re: Bug#752614: Sources licensed under PHP License and not being PHP are not distributable

2014-06-26 Thread Mike Gabriel

Hi Ondřej

On  Do 26 Jun 2014 13:56:34 CEST, Ondřej Surý wrote:


On Thu, Jun 26, 2014, at 13:56, Ondřej Surý wrote:

On Thu, Jun 26, 2014, at 13:52, Mike Gabriel wrote:
 Hi Ondřej,

 On  Do 26 Jun 2014 13:00:12 CEST, Ondřej Surý wrote:

  I did have a quite long and extensive chat with FTP Masters
  and our conclusion was that PHP License (any version) is
  suitable only for software that comes directly from PHP Group,
  that basically means only PHP (src:php5) itself.

 Can you provide some evidence why you think this applies to smarty3?

 Smarty3 is licensed under LGPL-2.1+ so I am hesitant to belief that
 this bug actually affects Smarty3.

Files: development/lexer/LexerGenerator/Lexer.php
Copyright:
 2006, Gregory Beaver
License: PHP License 3.01, http://www.php.net/license/3_01.txt
 This source file is subject to version 3.01 of the PHP license
 that is available through the world-wide-web at the following URI:
 http://www.php.net/license/3_01.txt. If you did not receive a copy of
 the PHP License and are unable to obtain it through the web, please
 send a note to lice...@php.net so we can mail you a copy immediately.

Files: development/lexer/Exception.php
Copyright:
 2006, Gregory Beaver
License: PHP License 3.0, http://www.php.net/license/3_0.txt
 This source file is subject to version 3.0 of the PHP license
 that is available through the world-wide-web at the following URI:
 http://www.php.net/license/3_0.txt. If you did not receive a copy of
 the PHP License and are unable to obtain it through the web, please
 send a note to lice...@php.net so we can mail you a copy immediately.

And two more undocumented:


./development/lexer/ParserGenerator/State.php: * @license
http://www.php.net/license/3_01.txt  PHP License 3.01
./development/lexer/ParserGenerator/Parser.php: * @license
http://www.php.net/license/3_01.txt  PHP License 3.01

Cheers,


Ah dang... my Git working copy was on the squeeze branch...

I get what you are up to...

Actually, I guess you have spotted three embedded libraries, as well.  
Will take a look at that next week.


light+love
Mike
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Re: Sources licensed under PHP License and not being PHP are not distributable

2014-06-26 Thread Charles Plessy
Le Thu, Jun 26, 2014 at 01:53:48PM +0200, Ondřej Surý a écrit :
 On Thu, Jun 26, 2014, at 13:36, Faidon Liambotis wrote:
  On 06/26/14 14:00, Ondřej Surý wrote:
   I should have done this earlier before cloning the bugs, so here's
   some more background on the bugs filled.
  
   I did have a quite long and extensive chat with FTP Masters
   and our conclusion was that PHP License (any version) is
   suitable only for software that comes directly from PHP Group,
   that basically means only PHP (src:php5) itself.
  
  Could you elaborate on the reasoning of that? Neither your email to 
  -devel nor the one to -legal[1] explains why you think so and whatever 
  it is, I think it's far from obvious. I think an outcome that results in 
  a mass (RC) bug filing needs to be better documented than that -- and 
  btw, you're supposed to mail debian-devel *before* you do so, not after; 
  cf. developer's reference 7.1.1.
 
 Don't shoot the messenger, I just did the dirty work.
 
 I have discussed this with ftp-masters and release team before
 filling the bugs, arguing heavily in disagreement with ftp-master's
 REJECT FAQ - the PHP License REJECT is there since 2005.

Hi Ondrej,

sorry for not having answered your email on debian-legal despite agreeing with
your point of view.  Given my long history of fighting with the FTP team, I was
worried that my opinion would count peanuts or even have the opposite effect as
intended.

This said, while the PHP license is definitely a poor choice for software that
is not produced by the PHP group, I do not see how it can make the software
unredistributable.

If your disagreement with the FTP team is unresolvable, and if you have time,
maybe you can try to open a ticket for a resolution by the Technical Comittee ?

Have a nice day,

-- 
Charles Plessy
Tsurumi, Kanagawa, Japan


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Re: Sources licensed under PHP License and not being PHP are not distributable

2014-06-26 Thread Ondřej Surý
Hi Charles,

On Thu, Jun 26, 2014, at 14:27, Charles Plessy wrote:

 If your disagreement with the FTP team is unresolvable, and if you have
 time, maybe you can try to open a ticket for a resolution by the Technical
 Comittee ?

I don't think that falls under tech-ctte jurisdiction under Chapter 8.1
of
Debian Constitution. Ccing Debian Secretary...

I guess such overruling would need a GR.

Ondrej
-- 
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Re: Sources licensed under PHP License and not being PHP are not distributable

2014-06-26 Thread Steve Langasek
On Thu, Jun 26, 2014 at 09:27:10PM +0900, Charles Plessy wrote:
  I have discussed this with ftp-masters and release team before
  filling the bugs, arguing heavily in disagreement with ftp-master's
  REJECT FAQ - the PHP License REJECT is there since 2005.

 Hi Ondrej,

 sorry for not having answered your email on debian-legal despite agreeing
 with your point of view.  Given my long history of fighting with the FTP
 team, I was worried that my opinion would count peanuts or even have the
 opposite effect as intended.

 This said, while the PHP license is definitely a poor choice for software
 that is not produced by the PHP group, I do not see how it can make the
 software unredistributable.

Agreed.  There is nothing in these licenses that makes the software
undistributable; it just requires the distributor to attach *false
statements* to it as part of distribution.

I have no objection to the ftp team's decision to treat this as an automatic
reject on this basis - I don't think a license that requires us to make
false statements is suitable for main - but it's wrong to claim that these
works are undistributable.

-- 
Steve Langasek   Give me a lever long enough and a Free OS
Debian Developer   to set it on, and I can move the world.
Ubuntu Developerhttp://www.debian.org/
slanga...@ubuntu.com vor...@debian.org


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Re: Sources licensed under PHP License and not being PHP are not distributable

2014-06-26 Thread Marco d'Itri
On Jun 26, Steve Langasek vor...@debian.org wrote:

 I have no objection to the ftp team's decision to treat this as an automatic
 reject on this basis - I don't think a license that requires us to make
 false statements is suitable for main - but it's wrong to claim that these
 works are undistributable.
Reality check #1: it is quite obvious that even if anybody else accepts 
this interpretation then nobody cares.
Reality check #2: Debian would not be viable without major packages like 
PHP support for imagemagick or memcached, if we do we may as well remove 
the the whole language.

-- 
ciao,
Marco


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Re: Sources licensed under PHP License and not being PHP are not distributable

2014-06-26 Thread Steve Langasek
On Thu, Jun 26, 2014 at 02:36:18PM +0300, Faidon Liambotis wrote:
 On 06/26/14 14:00, Ondřej Surý wrote:
 I should have done this earlier before cloning the bugs, so here's
 some more background on the bugs filled.

 I did have a quite long and extensive chat with FTP Masters
 and our conclusion was that PHP License (any version) is
 suitable only for software that comes directly from PHP Group,
 that basically means only PHP (src:php5) itself.

 Could you elaborate on the reasoning of that? Neither your email to -devel
 nor the one to -legal[1] explains why you think so and whatever it is, I
 think it's far from obvious. I think an outcome that results in a mass (RC)
 bug filing needs to be better documented than that -- and btw, you're
 supposed to mail debian-devel *before* you do so, not after; cf. developer's
 reference 7.1.1.

 Besides the importance of the bug filing itself and removing half of PHP
 from Debian (including packages such as php-memcached!), I have another
 point to make: as you're well aware, we're in the progress of packaging
 Facebook's HHVM, which is a new runtime engine for PHP that is gaining some
 popularity[2].

Furthermore, there are bugs in the actual MBF that's been filed here.  Bug
#752639 was filed against php-imlib, which gives the PHP license as one of
*two* options under which the work can be distributed - LGPL is the other,
and is in practice the one that's in effect for Debian.

So I think we need a review here of the MBF methodology, because the
problems with the PHP License were already identified and worked through in
the archive a decade ago - so a lot of these bugs are probably false
positives.

-- 
Steve Langasek   Give me a lever long enough and a Free OS
Debian Developer   to set it on, and I can move the world.
Ubuntu Developerhttp://www.debian.org/
slanga...@ubuntu.com vor...@debian.org


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Re: Sources licensed under PHP License and not being PHP are not distributable

2014-06-26 Thread Ondřej Surý
Steve,

I did hand checked all copyright files in question and while php-imlib might 
have slipped me, I am quite sure that your claim about lot of these is false, 
since php-imlib is not the only package under dual licensing I have seen.

I do apologize for filling bug against php-imlib though.

O.
-- 
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Knot DNS (https://www.knot-dns.cz/) – a high-performance DNS server

 On 26. 6. 2014, at 19:29, Steve Langasek vor...@debian.org wrote:
 
 On Thu, Jun 26, 2014 at 02:36:18PM +0300, Faidon Liambotis wrote:
 On 06/26/14 14:00, Ondřej Surý wrote:
 I should have done this earlier before cloning the bugs, so here's
 some more background on the bugs filled.
 
 I did have a quite long and extensive chat with FTP Masters
 and our conclusion was that PHP License (any version) is
 suitable only for software that comes directly from PHP Group,
 that basically means only PHP (src:php5) itself.
 
 Could you elaborate on the reasoning of that? Neither your email to -devel
 nor the one to -legal[1] explains why you think so and whatever it is, I
 think it's far from obvious. I think an outcome that results in a mass (RC)
 bug filing needs to be better documented than that -- and btw, you're
 supposed to mail debian-devel *before* you do so, not after; cf. developer's
 reference 7.1.1.
 
 Besides the importance of the bug filing itself and removing half of PHP
 from Debian (including packages such as php-memcached!), I have another
 point to make: as you're well aware, we're in the progress of packaging
 Facebook's HHVM, which is a new runtime engine for PHP that is gaining some
 popularity[2].
 
 Furthermore, there are bugs in the actual MBF that's been filed here.  Bug
 #752639 was filed against php-imlib, which gives the PHP license as one of
 *two* options under which the work can be distributed - LGPL is the other,
 and is in practice the one that's in effect for Debian.
 
 So I think we need a review here of the MBF methodology, because the
 problems with the PHP License were already identified and worked through in
 the archive a decade ago - so a lot of these bugs are probably false
 positives.
 
 -- 
 Steve Langasek   Give me a lever long enough and a Free OS
 Debian Developer   to set it on, and I can move the world.
 Ubuntu Developerhttp://www.debian.org/
 slanga...@ubuntu.com vor...@debian.org


Re: Sources licensed under PHP License and not being PHP are not distributable

2014-06-26 Thread Steve Langasek
On Thu, Jun 26, 2014 at 07:26:05PM +0200, Marco d'Itri wrote:
 On Jun 26, Steve Langasek vor...@debian.org wrote:

  I have no objection to the ftp team's decision to treat this as an automatic
  reject on this basis - I don't think a license that requires us to make
  false statements is suitable for main - but it's wrong to claim that these
  works are undistributable.
 Reality check #1: it is quite obvious that even if anybody else accepts 
 this interpretation then nobody cares.

Ah good, argumentum ad populum, I was getting sick of Debian having
principles anyway.

 Reality check #2: Debian would not be viable without major packages like 
 PHP support for imagemagick or memcached, if we do we may as well remove 
 the the whole language.

Well, you won't hear any objections from *me* to the idea of removing PHP
from the archive.

-- 
Steve Langasek   Give me a lever long enough and a Free OS
Debian Developer   to set it on, and I can move the world.
Ubuntu Developerhttp://www.debian.org/
slanga...@ubuntu.com vor...@debian.org


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Re: Sources licensed under PHP License and not being PHP are not distributable

2014-06-26 Thread Matthias Urlichs
Hi,

Steve Langasek:
 Ah good, argumentum ad populum, I was getting sick of Debian having
 principles anyway.
 
The point is that absolutely nobody else seems to be interested in this
strange licensing situation. Debian itself had the problem for YEARS and
nobody noticed.

Thus, reality check #3: This license contains some strange terms that make
it look like it doesn't really apply to the software it's distributed with,
but QUITE OBVIOUSLY the author of the software in question thought other-
wise, and there is no actual legal problem (nobody else is complaining
about the license, much less threatening to revoke permissions, much less
suing somebody).

Thus², while we're in a reasonably good position to convince Upstream to
fix that problem, filing RC bugs and thus making PHP unuseable in Debian
is certainly going to be regarded as typical Debian principles-above-all
overkill but unlikely to be helpful to anybody.

-- 
-- Matthias Urlichs


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Re: Sources licensed under PHP License and not being PHP are not distributable

2014-06-26 Thread Clint Byrum
Excerpts from Matthias Urlichs's message of 2014-06-26 11:17:04 -0700:
 Hi,
 
 Steve Langasek:
  Ah good, argumentum ad populum, I was getting sick of Debian having
  principles anyway.
  
 The point is that absolutely nobody else seems to be interested in this
 strange licensing situation. Debian itself had the problem for YEARS and
 nobody noticed.
 
 Thus, reality check #3: This license contains some strange terms that make
 it look like it doesn't really apply to the software it's distributed with,
 but QUITE OBVIOUSLY the author of the software in question thought other-
 wise, and there is no actual legal problem (nobody else is complaining
 about the license, much less threatening to revoke permissions, much less
 suing somebody).
 
 Thus², while we're in a reasonably good position to convince Upstream to
 fix that problem, filing RC bugs and thus making PHP unuseable in Debian
 is certainly going to be regarded as typical Debian principles-above-all
 overkill but unlikely to be helpful to anybody.
 

Oh good, another discussion where we argue against our principles. I
was getting bored with all of those purely technical discussions about
systemd (PLEASE DO NOT RESPOND TO THIS JOKE).

If anyone has a better way to safeguard those to whom we distribute
software, please do speak up about it. I for one think our users choose
Debian because they can be sure their rights are being looked after.
Let's do what we can to help upstream rectify the situation, but lets
also be honest with our users while they respond.


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Re: Sources licensed under PHP License and not being PHP are not distributable

2014-06-26 Thread Matthias Urlichs
Hi,

Clint Byrum:
 Oh good, another discussion where we argue against our principles.

I am not arguing against our principles. I am arguing against a panicked
let's RC-bug half of our PHP infrastructure (and drop it from $NEXTSTABLE
because the situation won't be resolved until the release) response which
is unlikely to be helpful to anybody. It would not be the first time we
'postpone' a licensing meltdown (GDFL, anybody?).

 If anyone has a better way to safeguard those to whom we distribute
 software, please do speak up about it.

I'd recommend that we safeguard our users against 'PHP' licensing problems
the same way I protect myself against a meteorite hitting me on my way to
work tomorrow, and for roughly the same reasons.

-- 
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Re: Sources licensed under PHP License and not being PHP are not distributable

2014-06-26 Thread Marco d'Itri
On Jun 26, Clint Byrum spam...@debian.org wrote:

 Oh good, another discussion where we argue against our principles. I
And which principles would be that, exactly?

 If anyone has a better way to safeguard those to whom we distribute
 software, please do speak up about it.
I suggest mimicking distributions that have real money and real lawyers, 
since probably they have a better idea than we do about the legal risks 
for themselves and their users.

-- 
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Marco


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Re: Sources licensed under PHP License and not being PHP are not distributable

2014-06-26 Thread Chris Bannister
On Thu, Jun 26, 2014 at 08:57:43PM +0200, Matthias Urlichs wrote:
 I'd recommend that we safeguard our users against 'PHP' licensing problems
 the same way I protect myself against a meteorite hitting me on my way to
 work tomorrow, and for roughly the same reasons.

Because there is nothing you can do?

-- 
If you're not careful, the newspapers will have you hating the people
who are being oppressed, and loving the people who are doing the 
oppressing. --- Malcolm X


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Re: Sources licensed under PHP License and not being PHP are not distributable

2014-06-26 Thread Chow Loong Jin
On Fri, Jun 27, 2014 at 02:43:16PM +1200, Chris Bannister wrote:
 On Thu, Jun 26, 2014 at 08:57:43PM +0200, Matthias Urlichs wrote:
  I'd recommend that we safeguard our users against 'PHP' licensing problems
  the same way I protect myself against a meteorite hitting me on my way to
  work tomorrow, and for roughly the same reasons.
 
 Because there is nothing you can do?

A sufficiently padded tin-foil hat may help.

-- 
Kind regards,
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