Re: Urgently need GPL compatible libsnmp5-dev replacement :-(

2005-05-13 Thread Tollef Fog Heen
* Daniel Jacobowitz 

| On Wed, May 11, 2005 at 03:50:29PM +0200, Tollef Fog Heen wrote:
| > * Andreas Barth 
| > 
| > | Agreed. We should IMHO make such a requirement to be part of etchs
| > | release policy.
| > 
| > How are you going to solve the problem ia32-libs solves if not in this
| > way?
| > 
| > (Unless we want to make etch fully multiarchified, which I don't think
| > we will.)
| 
| I didn't see the previous message, so I'm not sure exactly what problem
| you're referring to [...]

Shipping other source and binary packages in your own source package.

-- 
Tollef Fog Heen,''`.
UNIX is user friendly, it's just picky about who its friends are  : :' :
  `. `' 
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Re: Urgently need GPL compatible libsnmp5-dev replacement :-(

2005-05-11 Thread Daniel Jacobowitz
On Wed, May 11, 2005 at 03:50:29PM +0200, Tollef Fog Heen wrote:
> * Andreas Barth 
> 
> | Agreed. We should IMHO make such a requirement to be part of etchs
> | release policy.
> 
> How are you going to solve the problem ia32-libs solves if not in this
> way?
> 
> (Unless we want to make etch fully multiarchified, which I don't think
> we will.)

I didn't see the previous message, so I'm not sure exactly what problem
you're referring to - but regardless of multiarch, I want the
-libs packages to die in etch.  They should be built from biarch
source packages instead.  I just didn't have time to work on that
before sarge.

-- 
Daniel Jacobowitz
CodeSourcery, LLC


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Re: Urgently need GPL compatible libsnmp5-dev replacement :-(

2005-05-11 Thread Tollef Fog Heen
* Andreas Barth 

| Agreed. We should IMHO make such a requirement to be part of etchs
| release policy.

How are you going to solve the problem ia32-libs solves if not in this
way?

(Unless we want to make etch fully multiarchified, which I don't think
we will.)

-- 
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UNIX is user friendly, it's just picky about who its friends are  : :' :
  `. `' 
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Re: Urgently need GPL compatible libsnmp5-dev replacement :-(

2005-05-09 Thread Andreas Barth
* Stephen Quinney ([EMAIL PROTECTED]) [050509 17:20]:
> On Mon, May 09, 2005 at 04:45:44PM +0200, Martin Schulze wrote:
> > Christian Hammers wrote:
> > > I could package the whole libsnmp source code into the Quagga file, and
> > > simply compile it with --without-openssl and then link it statically 
> > > or something similar brute force and ugly.
> > 
> > FWIW: Please don't.  This would mean creating a security-support nightmare.
 
> I know of at least one package that already does this. The
> gibraltar-bootsupport package includes the source for coreutils, curl,
> discover and expat. I have no idea how the security team are meant to
> be aware of this if/when a security hole is discovered in any of those
> 4 packages. IMO this sort of packaging should not be allowed in stable
> releases.

Agreed. We should IMHO make such a requirement to be part of etchs
release policy.


Cheers,
Andi
-- 
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Re: Urgently need GPL compatible libsnmp5-dev replacement :-(

2005-05-09 Thread Stephen Quinney
On Mon, May 09, 2005 at 04:45:44PM +0200, Martin Schulze wrote:
> Christian Hammers wrote:
> > I could package the whole libsnmp source code into the Quagga file, and
> > simply compile it with --without-openssl and then link it statically 
> > or something similar brute force and ugly.
> 
> FWIW: Please don't.  This would mean creating a security-support nightmare.

I know of at least one package that already does this. The
gibraltar-bootsupport package includes the source for coreutils, curl,
discover and expat. I have no idea how the security team are meant to
be aware of this if/when a security hole is discovered in any of those
4 packages. IMO this sort of packaging should not be allowed in stable
releases. Supposedly this is an improvement on the previous approach
it used of downloading all the source files using apt-get as part of
the build process...

Stephen Quinney




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Re: Urgently need GPL compatible libsnmp5-dev replacement :-(

2005-05-09 Thread Martin Schulze
Christian Hammers wrote:
> I could package the whole libsnmp source code into the Quagga file, and
> simply compile it with --without-openssl and then link it statically 
> or something similar brute force and ugly.

FWIW: Please don't.  This would mean creating a security-support nightmare.

Regards,

Joey

-- 
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Please always Cc to me when replying to me on the lists.


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Re: GPL and linking (was: Urgently need GPL compatible libsnmp5-dev replacement :-()

2005-05-06 Thread Michael K. Edwards
> I don't, except insofar as C - "the Program" attempts to paraphrase E
> - "the Program" (= D).

Oh for Pete's sake, (E - "the Program") (= D).  What a great place for
a word wrap.

- Michael



Re: GPL and linking (was: Urgently need GPL compatible libsnmp5-dev replacement :-()

2005-05-06 Thread Michael K. Edwards
On 5/6/05, Raul Miller <[EMAIL PROTECTED]> wrote:
> On 5/6/05, Michael K. Edwards <[EMAIL PROTECTED]> wrote:
> > On 5/6/05, Raul Miller <[EMAIL PROTECTED]> wrote:
> > > I believe you're objecting to the "that is to say" phrase, which restates 
> > > what
> > > "work based on the Program": means.
> >
> > Attempts to, anyway.
> 
> I think this "attempts to" quip is meaningless.

How would you like me to say it?  "Purports to"?  "Professes to"? 
"Makes an honest but flawed effort to"?  Do you not understand my
interpretation that the use of quotes around "work based on the
Program" means that the writer is defining it as shorthand for "either
the Program or any derivative work under copyright law"?  And that an
attempt is then made to paraphrase (restate, whatever) the latter
phrase, and that restatement is just plain wrong?  You don't have to
agree with it, of course, but surely you get it now.

> > > Yes.  And that "either/or" clause says what "work based on the Program"
> > > means.
> >
> > Yep.  That phrase is, in its entirety: "either the Program or any
> > derivative work under copyright law".  And that's the definition of
> > "work based on the Program" for the duration of the GPL, as far as I'm
> > concerned.
> 
> To recap:
> 
> W: "work based on the program"
> D: "derivative work"
> E: either/or phrase
> C: phrase after the colon.
> 
> W means E
> C paraphrases E
> 
> Thus, you have concluded, C attempts to paraphrase D

No.  E defines W, which appears in quotes in the original to indicate
that it is being given a formal meaning.  C is grammatically a
paraphrase of E.  However, C and E are not the same thing according to
law; and grammatically and legally, E is the definition of W, and C is
not.  Neither is C \union E, C - D, or some other way to assign W a
meaning based on the wording of W, the content of an unrelated
document, or the distance to the moon.

> Should we keep going back and forth on this, trying to show why
> you believe C attempts to paraphrase D?

I don't, except insofar as C - "the Program" attempts to paraphrase E
- "the Program" (= D).  Are we done?  And if you're going to move it
to private e-mail, do it, don't grandstand about it.  That is also
more characteristic of others around here than it previously has been
of you.

Cheers,
- Michael



Re: GPL and linking (was: Urgently need GPL compatible libsnmp5-dev replacement :-()

2005-05-06 Thread Raul Miller
On 5/6/05, Michael K. Edwards <[EMAIL PROTECTED]> wrote:
> On 5/6/05, Raul Miller <[EMAIL PROTECTED]> wrote:
> > On 5/6/05, Michael K. Edwards <[EMAIL PROTECTED]> wrote:
> [snip]
> > > Second sentence in Section 0:  The "Program", below, refers to any
> > > such program or work, and a "work based on the Program" means either
> > > the Program or any derivative work under copyright law: that is to
> > > say, a work containing the Program or a portion of it, either verbatim
> > > or with modifications and/or translated into another language.
> >
> > I believe you're objecting to the "that is to say" phrase, which restates 
> > what
> > "work based on the Program": means.
> 
> Attempts to, anyway.

I think this "attempts to" quip is meaningless.

> > > As I read it, the phrase after the colon is a paraphrase of the
> > > "ether/or" clause it follows, i. e., an attempt to restate it in
> > > layman's terms.
> >
> > Yes.  And that "either/or" clause says what "work based on the Program"
> > means.
> 
> Yep.  That phrase is, in its entirety: "either the Program or any
> derivative work under copyright law".  And that's the definition of
> "work based on the Program" for the duration of the GPL, as far as I'm
> concerned.

To recap:

W: "work based on the program"
D: "derivative work"
E: either/or phrase
C: phrase after the colon.

W means E
C paraphrases E

Thus, you have concluded, C attempts to paraphrase D

Should we keep going back and forth on this, trying to show why
you believe C attempts to paraphrase D?

Also, either: 

(1) Your other paragraphs are logically based on this concept
("C attempts to paraphrase D"), and therefore are based on
a false premise, or

(2) Your other paragraphs are not related to this paragraph by
theme or logic, and thus there's little point in continuing unless
they contain some worthwhile independent theme (personally,
I've not spotted one -- they just seem like a bunch of statements
with little cohesive logic).]

Or something else?

I don't know why it's important that all this be sent to debian-devel.  After
this post, I'm probably going to delete debian-devel from my followups
(and a great sigh of relief is heard throughout the land).

-- 
Raul



Re: GPL and linking (was: Urgently need GPL compatible libsnmp5-dev replacement :-()

2005-05-06 Thread Michael K. Edwards
On 5/6/05, Raul Miller <[EMAIL PROTECTED]> wrote:
> On 5/6/05, Michael K. Edwards <[EMAIL PROTECTED]> wrote:
[snip]
> > Second sentence in Section 0:  The "Program", below, refers to any
> > such program or work, and a "work based on the Program" means either
> > the Program or any derivative work under copyright law: that is to
> > say, a work containing the Program or a portion of it, either verbatim
> > or with modifications and/or translated into another language.
> 
> I believe you're objecting to the "that is to say" phrase, which restates what
> "work based on the Program": means.

Attempts to, anyway.

> > As I read it, the phrase after the colon is a paraphrase of the
> > "ether/or" clause it follows, i. e., an attempt to restate it in
> > layman's terms.
> 
> Yes.  And that "either/or" clause says what "work based on the Program"
> means.

Yep.  That phrase is, in its entirety: "either the Program or any
derivative work under copyright law".  And that's the definition of
"work based on the Program" for the duration of the GPL, as far as I'm
concerned.

> > And it's incorrect, as I explained, and for which I
> > have previously given references to treaty, several countries'
> > statutes, and lots of case law, in messages on -legal to which you
> > responded (generally constructively and courteously, I might add).
> 
> I disagree:
> 
> "work based on the Program" is not the same thing as "derivative work".
> 
> The definition of "work based on the Program" uses the "derivative
> work" concept, but builds on that concept.
> 
> I think claiming they're equivalent is silly.

Right.  "either the Program or any derivative work under copyright
law" \superset "derivative work".  But collections containing the
Program don't fit.  "That is to say" introduces an (incorrect)
paraphrase -- not a further expansion of the category.  To read
otherwise is to do violence to both the grammar and the legal sense of
the definition; and as I wrote, would result in an unacceptable scope
for the license (any "work" containing GPL material, up to and
including an entire CD set and the shelf of books bundled with it).

People who say publicly and often enough that they accept the FSF
FAQ's statement that programs using GPL libraries must be released
under the GPL (
http://www.fsf.org/licensing/licenses/gpl-faq.html#IfLibraryIsGPL )
may well be estopped from arguing otherwise in court.  I prefer not to
be numbered among them.  (And no, before you say it, I'm not trolling
to build a defense for some court case.)  But that's completely
different from affecting the legal meaning of the license (see Linus's
LKML post again).

I'd be sorry to see, say, a GR swearing allegiance to the FSF FAQ;
that would probably estop Debian in perpetuity from linking GPL
against non-GPL, trigger the "automatic termation" provision
immediately and retrospectively due to any of a zillion inadvertent
build bugs in the past decade, and lead to the Death Of Debian (TM). 
But it wouldn't have any effect on what license terms I or any Debian
user or derivative would be obligated to accept.

Cheers,
- Michael



Re: GPL and linking (was: Urgently need GPL compatible libsnmp5-dev replacement :-()

2005-05-06 Thread Raul Miller
On 5/6/05, Michael K. Edwards <[EMAIL PROTECTED]> wrote:
> On 5/6/05, Raul Miller <[EMAIL PROTECTED]> wrote:
> > On 5/5/05, Michael K. Edwards <[EMAIL PROTECTED]> wrote:
> > > > On Wed, May 04, 2005 at 11:51:51PM -0500, Peter Samuelson wrote:
> > > > The GPL simply defers to copyright law to define "derivative work".
> >
> > > Actually, it tries to define "work based on the Program" in terms of
> > > "derivative work under copyright law", and then incorrectly
> > > paraphrases that definition.
> >
> > It's probably worth noting that "derivative work" and "work based on the
> > Program" are spelled differently.  What's not clear, to me, is whether the
> > word "that" refers to the "d" phrase or the "w" phrase.  Careful study sheds
> > no insight into this burning issue.
> >
> > [If I read the GPL, I can't find where it paraphrases the "d" phrase.  On 
> > the
> > other hand I can't figure out how someone could claim that the GPL
> > incorrectly paraphrases the "w" phrase.]
> 
> Second sentence in Section 0:  The "Program", below, refers to any
> such program or work, and a "work based on the Program" means either
> the Program or any derivative work under copyright law: that is to
> say, a work containing the Program or a portion of it, either verbatim
> or with modifications and/or translated into another language.

I believe you're objecting to the "that is to say" phrase, which restates what
"work based on the Program": means.

> As I read it, the phrase after the colon is a paraphrase of the
> "ether/or" clause it follows, i. e., an attempt to restate it in
> layman's terms.

Yes.  And that "either/or" clause says what "work based on the Program"
means.

> And it's incorrect, as I explained, and for which I
> have previously given references to treaty, several countries'
> statutes, and lots of case law, in messages on -legal to which you
> responded (generally constructively and courteously, I might add).

I disagree:

"work based on the Program" is not the same thing as "derivative work".

The definition of "work based on the Program" uses the "derivative
work" concept, but builds on that concept.

I think claiming they're equivalent is silly.

-- 
Raul



Re: GPL and linking (was: Urgently need GPL compatible libsnmp5-dev replacement :-()

2005-05-06 Thread Michael K. Edwards
On 5/6/05, Raul Miller <[EMAIL PROTECTED]> wrote:
> On 5/5/05, Michael K. Edwards <[EMAIL PROTECTED]> wrote:
> > Sorry to spam debian-devel -- and with a long message containing long
> > paragraphs too, horrors! -- in replying to this.
> 
> Who is sorry?  How sorry?
> 
> Let's assume, for the sake of argument, that this sorry-ness is not
> something that matters enough to you to avoid posting long and
> elliptical messages to debian-devel.

As I wrote, debian-devel is where the "Urgently need GPL compatible
libsnmp5-dev replacement" discussion is happening.  Andrew's somewhat
disingenuous "This part of the thread belongs on -legal"
notwithstanding, it had not previously been moved to -legal, just
copied there.

I was uncertain whether to remove -devel from my reply, but eventually
decided to leave it as it was; was there some onus on me to remove
-devel?  I am hardly a major source of -devel noise, by message count
or by bandwidth.  But perhaps -devel is reserved for short, erroneous,
discourteous messages?  (That's not really aimed at Raul, actually.)

> > > On Wed, May 04, 2005 at 11:51:51PM -0500, Peter Samuelson wrote:
> > > The GPL simply defers to copyright law to define "derivative work".
> 
> > Actually, it tries to define "work based on the Program" in terms of
> > "derivative work under copyright law", and then incorrectly
> > paraphrases that definition.
> 
> It's probably worth noting that "derivative work" and "work based on the
> Program" are spelled differently.  What's not clear, to me, is whether the
> word "that" refers to the "d" phrase or the "w" phrase.  Careful study sheds
> no insight into this burning issue.
> 
> [If I read the GPL, I can't find where it paraphrases the "d" phrase.  On the
> other hand I can't figure out how someone could claim that the GPL
> incorrectly paraphrases the "w" phrase.]

Second sentence in Section 0:  The "Program", below, refers to any
such program or work, and a "work based on the Program" means either
the Program or any derivative work under copyright law: that is to
say, a work containing the Program or a portion of it, either verbatim
or with modifications and/or translated into another language.

As I read it, the phrase after the colon is a paraphrase of the
"ether/or" clause it follows, i. e., an attempt to restate it in
layman's terms.  And it's incorrect, as I explained, and for which I
have previously given references to treaty, several countries'
statutes, and lots of case law, in messages on -legal to which you
responded (generally constructively and courteously, I might add).

Ignoring the actual definintion and taking the paraphrase would mean
that the largest possible "work" containing GPL licensed material
would still be subject to GPL constraints (modulo the "mere
aggregation" clause, which, if it has legal meaning, applies only to
Section 2).  And yes, anything copyrightable under the Berne
Convention is a "work", including (for instance) a Debian CD set. 
That's obviously problematic, it's obviously not what any GPL licensee
believes (GPL section 3 0wns my distro?  yeah, right), and it's
obviously not a reading any court would accept, even absent the rule
of construction against the offeror.

> > There has been so much silliness written about this topic ...
> 
> Agreed.

Lots of sarcasm and cheap shots, too; of which I have sometomes been
guilty as well.  But they do not constitute negative silliness, and
are not something I have associated with your by-line in the past.

Cheers,
- Michael



Re: GPL and linking (was: Urgently need GPL compatible libsnmp5-dev replacement :-()

2005-05-06 Thread Raul Miller
On 5/5/05, Michael K. Edwards <[EMAIL PROTECTED]> wrote:
> Sorry to spam debian-devel -- and with a long message containing long
> paragraphs too, horrors! -- in replying to this.

Who is sorry?  How sorry?  

Let's assume, for the sake of argument, that this sorry-ness is not 
something that matters enough to you to avoid posting long and 
elliptical messages to debian-devel.

> > On Wed, May 04, 2005 at 11:51:51PM -0500, Peter Samuelson wrote:
> > The GPL simply defers to copyright law to define "derivative work".

> Actually, it tries to define "work based on the Program" in terms of
> "derivative work under copyright law", and then incorrectly
> paraphrases that definition.

It's probably worth noting that "derivative work" and "work based on the 
Program" are spelled differently.  What's not clear, to me, is whether the 
word "that" refers to the "d" phrase or the "w" phrase.  Careful study sheds 
no insight into this burning issue.

[If I read the GPL, I can't find where it paraphrases the "d" phrase.  On the
other hand I can't figure out how someone could claim that the GPL
incorrectly paraphrases the "w" phrase.]

> There has been so much silliness written about this topic ...

Agreed.

-- 
Raul



GPL and linking (was: Urgently need GPL compatible libsnmp5-dev replacement :-()

2005-05-05 Thread Michael K. Edwards
On 5/4/05, Andrew Suffield <[EMAIL PROTECTED]> wrote:
> [This part of the thread belongs on -legal]

Sorry to spam debian-devel -- and with a long message containing long
paragraphs too, horrors! -- in replying to this.  But that's where
this discussion is actually happening now, and I'm afraid I can't
agree with Andrew's implication that this issue is settled on
debian-legal in favor of the FSF FAQ's interpretation.  This isn't
about license text, this is about GPL FUD and Debian's maintainers and
other contributors, and debian-devel as a whole needs to hear it once
in a while.

I argue largely in the context of US law because it's been convenient
for me to research, but I welcome counter-arguments from other legal
systems -- with concrete references.

> On Wed, May 04, 2005 at 11:51:51PM -0500, Peter Samuelson wrote:
> > [Paul TBBle Hampson]
> > > This of course assumes the phrase "derived work" is legalese for
> > > "code dependancy" or something. I'm sure the GPL actually defines
> > > what _they_ mean by it...

> The GPL simply defers to copyright law to define "derivative work".

Actually, it tries to define "work based on the Program" in terms of
"derivative work under copyright law", and then incorrectly
paraphrases that definition.  Under contract law (in most US
jurisdictions at least, IANAL, etc.) the recipient is entitled to have
this ambiguity construed against the drafter.  More below.

> > I might add that
> > claiming a program that uses a library's published API is a "derived
> > work" is a bit shaky from the get-go.  If you actually cut and paste
> > code from the library into your program, it's a lot more clear-cut.
> 
> We talk about APIs on forums like -legal to save time, because
> everybody (supposedly) knows what we're talking about there. They
> aren't directly relevant, it's just that certain aspects of program
> design will normally have certain legal implications because that's
> how those things are normally implemented.

I think Peter has it right, and I'd like to know what grounds there
may be to demur.  See my recent posts to debian-legal archives for US
case law on the matter, which I (IANAL) would summarize as "published
APIs are not copyrightable in their role as 'methods of operation' as
distinct from their role as creative expression".  It's kind of an odd
stance for the law to have arrived at -- a difference of usage changes
not just whether an act of copying is an infringement but whether the
copied material is copyrightable at all.  But it makes sense in the
context of the prescribed sequence of legal analysis, in which
recognizing a protected use "too late" in the sequence leaves the
copier open to lawsuits de novo for subsequent acts of copying the
same material.

The last time I know of that the US Supreme Court looked at the issue
-- an appeal from Lotus Development Corporation v. Borland
International, Inc.,49 F.3d 807 (1995) -- they deadlocked 4-4 in one
justice's absence.  The court transcript is fascinating.  The latest
and greatest analysis at circuit court level appears to be Lexmark v.
Static Control (2004).

Yes, the US is not the world.  Other legal systems are perfectly
within their rights to arrive at different conclusions, and the Berne
Convention is far from explicit on the matter.  But what actual
grounds are there for a belief that some particular country's legal
system would rule that the arm's-length use of a published API creates
a derivative work?  Chapter and verse, folks; even if precedents are
not law in your legal system, they're a lot more reliable than
reasoning outside a courtroom with no judge in sight.

> Changing static linking to dynamic, or replacing a linker call with a
> dlopen() call, *always* has precisely *zero* effect on whether
> something is a derivative work or not. A work is created derivative,
> or not, at the time of inception. For source code, this is the time
> when the code is written. The way in which it is compiled is
> irrelevant. For a binary, this is the time when the binary is built
> and linked. A statically linked binary is a derivative work of
> everything it links because it contains verbatim copies of those
> things. Every binary, static, dynamic, or other, is a derivative of
> everything that any part of its source was derived from.

I do not think that the binary part of this analysis is correct in any
country that implements the Berne Convention.  My rebuttal is long
enough without the case law references, but you can find them all in
the debian-legal archives.

Whether statically linked or provided as multiple dynamically linked
files, a program composed of separately identifiable independent works
of authorship is a "collection" (in some countries' implementation,
"compilation") as defined in Article 2 Section 5.  Derivative works
are defined in Article 2 Section 3 to be "[t]ranslations, adaptations,
arrangements of music and other alterations of a literary or artistic
work".  These exist as categories

Re: Urgently need GPL compatible libsnmp5-dev replacement :-(

2005-05-05 Thread Humberto Massa
Andrew Suffield wrote:
[This part of the thread belongs on -legal]
 

So, there it goes.
On Wed, May 04, 2005 at 11:51:51PM -0500, Peter Samuelson wrote:
 

[Paul TBBle Hampson]
   

This of course assumes the phrase "derived work" is legalese for
"code dependancy" or something. I'm sure the GPL actually defines
what _they_ mean by it...
 

The GPL simply defers to copyright law to define "derivative work".
 

(most jurisdictions') copyright law defines "derivative work" as "a work 
that, being a novel intellectual creation by itself, results in a 
transformation of another (original) work", the key word being 
"transformation".

This is a part of copyright law originally thought for controlling 
instrument re-arranging of musical works, translations of a work from a 
language to another, and sequels and prequels re-using characters from a 
literary/theatrical work.

Anyway, this is a very foggy issue, because the GPL uses thoughout the 
license text the expression "work based on the Program" (as opposed to 
the [legally-defined] expression "derivative work"), which it defines in 
the following (contradictory) phrase of section 0, caput:

''a "work based on the Program" means either the Program or any 
derivative work under copyright law: that is to say, a work containing 
the Program or a portion of it, either verbatim or with modifications 
and/or translated into another language.''

Notice that before the colon, it gives one definition; after the colon, 
it gives another definition (a wrong one, considering that the "that is 
to say" introduces an explanatory part of the phrase, and that the 
explanation differs from the copyright law definition, and that 
copyright laws vary with jurisdictions, etc).

This can be contrasted with the infamous "mere aggregation" clause, 
section 2, paragraph 3: ''In addition, mere aggregation of another work 
not based on the Program with the Program (or with a work based on the 
Program) on a volume of a storage or distribution medium does not bring 
the other work under the scope of this License.'', and with the other 
occurences of the (legally-defined) expression "derivative work" in the 
GPL, after section 0:

The first one in section 2, paragraph 2: ''the intent [of this section 
of the GPL, section 2] is to exercise the right to control the 
distribution of derivative or collective works based on the Program'' 
[braces mine];

The second one in section 5: ''You are not required to accept this 
License, since you have not signed it.  However, nothing else grants you 
permission to modify or distribute the Program or its derivative 
works.''; this one, combined with the "mere aggregation" clause, can be 
construed as an authorization to distribute collective works containing 
the GPL'd work;

And the last one in section 10: ''Our decision [on licensing any 
FSF-owned software under different terms] will be guided by the two 
goals of preserving the free status of all derivatives of our free 
software and of promoting the sharing and reuse of software generally'' 
[braces mine]; again, without mentioning the collective works, this can 
be combined with the "mere aggregation" clause as a confirmation of the 
authorization to distribute collective works containing the GPL'd work.

And yes, I noticed that the first one kind of contradicts the other two, 
too.

I might add that
claiming a program that uses a library's published API is a "derived
work" is a bit shaky from the get-go.  If you actually cut and paste
code from the library into your program, it's a lot more clear-cut.
   

Yes, in the former case there was no transformation of the library's 
source code; in the latter, there was.

We talk about APIs on forums like -legal to save time, because
everybody (supposedly) knows what we're talking about there. They
aren't directly relevant, it's just that certain aspects of program
design will normally have certain legal implications because that's
how those things are normally implemented.
Changing static linking to dynamic, or replacing a linker call with a
dlopen() call, *always* has precisely *zero* effect on whether
something is a derivative work or not. A work is created derivative,
or not, at the time of inception. For source code, this is the time
 

Yes! I could not agree more.
when the code is written. The way in which it is compiled is
irrelevant. For a binary, this is the time when the binary is built
and linked. A statically linked binary is a derivative work of
 

I disagree here: there is no novel intellectual work involved in 
building/linking a binary. A binary can be, at most, a collective 
(anthology) work, and this makes a difference in some point in time. 
Especially if the GPL is involved.

everything it links because it contains verbatim copies of those
things. Every binary, static, dynamic, or other, is a derivative of
everything that any part of its source was derived from.
 

Nope. Collective. No intellectually-novel transformation was a

Re: Urgently need GPL compatible libsnmp5-dev replacement :-(

2005-05-04 Thread Andrew Suffield
[This part of the thread belongs on -legal]

On Wed, May 04, 2005 at 11:51:51PM -0500, Peter Samuelson wrote:
> 
> [Paul TBBle Hampson]
> > This of course assumes the phrase "derived work" is legalese for
> > "code dependancy" or something. I'm sure the GPL actually defines
> > what _they_ mean by it...

The GPL simply defers to copyright law to define "derivative work".

> I might add that
> claiming a program that uses a library's published API is a "derived
> work" is a bit shaky from the get-go.  If you actually cut and paste
> code from the library into your program, it's a lot more clear-cut.

We talk about APIs on forums like -legal to save time, because
everybody (supposedly) knows what we're talking about there. They
aren't directly relevant, it's just that certain aspects of program
design will normally have certain legal implications because that's
how those things are normally implemented.

Changing static linking to dynamic, or replacing a linker call with a
dlopen() call, *always* has precisely *zero* effect on whether
something is a derivative work or not. A work is created derivative,
or not, at the time of inception. For source code, this is the time
when the code is written. The way in which it is compiled is
irrelevant. For a binary, this is the time when the binary is built
and linked. A statically linked binary is a derivative work of
everything it links because it contains verbatim copies of those
things. Every binary, static, dynamic, or other, is a derivative of
everything that any part of its source was derived from.

A good rule of thumb for whether one piece of source code is a
derivative of another is "Will it function in a reasonable manner
without this other piece?". Thusly a telnet client is not a derivative
of the socksified tcp library you stuff in with LD_PRELOAD, but the
part which sets up ssl connections is a derivative of the ssl library
you use. This is a rule of thumb because it fails in pathological
cases; don't abuse it.

[There are many other, more complicated cases. Consult -legal for
consideration of specific examples.]

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Re: Urgently need GPL compatible libsnmp5-dev replacement :-(

2005-05-04 Thread Peter Samuelson

[Paul TBBle Hampson]
> This of course assumes the phrase "derived work" is legalese for
> "code dependancy" or something. I'm sure the GPL actually defines
> what _they_ mean by it...

One false assumption and one false premise.

"Derived work" is legalese for "this work is based, at least in part,
on this other work".  Roughly, "if it were not credited, this would be
considered plagiarism."  Nothing to do with "code dependencies" in
particular.

Now, the false premise is that it *matters* what the GPL means by
"derived work".  The GPL is a copyright license, so what actually
matters is what copyright law defines as a derived work.  For works
that are (legally speaking) not derived from a GPL-licensed original,
the GPL has no jurisdiction, no matter what it, or the author of your
program, or the Free Software Foundation might say.  I might add that
claiming a program that uses a library's published API is a "derived
work" is a bit shaky from the get-go.  If you actually cut and paste
code from the library into your program, it's a lot more clear-cut.


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Re: Urgently need GPL compatible libsnmp5-dev replacement :-(

2005-05-04 Thread Andrea Mennucc
hi

I happen to mantain  'snmpkit' ; you may give it a look

a.

Christian Hammers wrote:
> Hello
> 
> [regarding #306840 and with more info in #243870]
> 
> One of my packages, Quagga, is licenced under the GPL but is supposed to
> get linked against NetSNMP. That now is problematic, as NetSNMP depends
> on OpenSSL (for SNMPv3 crypto support?) which is not GPL compatible.
> 
> Does anybody know a good and easy to replace GPL-compatible SNMP library
> that provides SNMP MUX capatiblities for C applications?
> 
> Or would it be possible to fork NetSNMP into a libsnmp5-gpl-dev package?
> 
> bye,
> 
> -christian-
> 
> 


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Re: Urgently need GPL compatible libsnmp5-dev replacement :-(

2005-05-04 Thread David Mandelberg
On Tue, 2005-05-03 at 20:15 -0400, David Mandelberg wrote:
> On Tue, 2005-05-03 at 19:40 -0300, Henrique de Moraes Holschuh wrote:
> > GNU version of OpenSSL (I don't recall how
> > it is called).
> 
> GnuTLS I think.

Stupid mail misconfiguration, I sent this before I got Christian
Hammer's reply (actually almost immediately after I got Henrique's
message).

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Re: Urgently need GPL compatible libsnmp5-dev replacement :-(

2005-05-04 Thread Paul TBBle Hampson
On Wed, May 04, 2005 at 02:08:01AM -0400, Theodore Ts'o wrote:
> On Tue, May 03, 2005 at 07:06:36PM -0700, Steve Langasek wrote:
> > 
> > The license of the GNUTLS OpenSSL shim is GPL, causing possible license
> > problems in the other direction with GPL-incompatible apps.  It's also not a
> > very complete compatibility layer.

> Could the kadmin program be considered a derived work of the readline
> library?  No, because it was written to call libss *years* ago, long
> before libss was modified to potentially call the readline library.

I'm not sure this is the right list for this, but... (If you decide that
I need learnin', and take this to another list, please CC me. ^_^)

Surely the above statement (out of context) is actually an expected side-effect
of Copyleft? Specifically, if you drag something GPL into your library, you
_are_ requiring that all users (even the historical ones) be GPL-compatible, or
not use that version of the library.

Obviously kadmin is not a directly derived work of readline, but it is a
derived work of libss, which is _now_ a derived work of readline. (Or would
be, barring the dlopen solution. ^_^) This of course assumes the phrase
"derived work" is legalese for "code dependancy" or something. I'm sure
the GPL actually defines what _they_ mean by it...

On the other hand, I agree the dlopen-interface argument below trumps this, but
I would have to go re-read the GPL before I relied upon that myself.

> The kadmin program called the libss *interface*, and at the time the
> author of the kadmin program had no idea that it might subsequently
> end up calling a GPL'ed library indirectly via libss.  And
> furthermore, the BSD-licensed libss program does not even directly
> link against the readline library, but rather uses dlopen() and
> dlsym() to call a particular *interface* which could be satisified
> either by a GPL or BSD licensed library.  So how can you say that the
> libss program is a derivitive work of either library?

-- 
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Re: Urgently need GPL compatible libsnmp5-dev replacement :-(

2005-05-03 Thread Theodore Ts'o
On Tue, May 03, 2005 at 07:06:36PM -0700, Steve Langasek wrote:
> 
> The license of the GNUTLS OpenSSL shim is GPL, causing possible license
> problems in the other direction with GPL-incompatible apps.  It's also not a
> very complete compatibility layer.
> 

So dynamically link against _an_ SSL library, using dlopen(), and this
completely trumps the issue.  The fact that there are multiple
libraries, implementing the OpenSSL interface, means that as long as
the application calls the *interface* it can't be derived from
*either* library, and it escapes the license incompatibility issues.
(Remember, license compatibility can only be an issue if the program
can be shown to be a derived work of a particular library.  If it is
calling an interface which is implemented by more than one library,
then clearly it can't be a derived work, and once it is not a derived
work, copyright law by definition can't apply.)

Example: The libss library searches for the readline, editline, and
libedit libraries via a search path, and dlopen()'s the first one it
can find.  It the calls those interfaces to get readline
functionality.  The Solaris SEAM (Solaris Enterprise Authentication
Mechanism), which is a propietary program which is derived from the
MIT Kerberos V5 sources, also happens to call the libss library, with
which it is dynamically linked.  

Yet now when you run the Kerberos administration CLI program from
SEAM, and install the newer version of libss library so that it
dynamically links with it, and then the libss library could possibly
dlopen the GNU readline library  you can a process containing
propietary Solaris code, BSD licensed libss code, and GPL'ed readline
library, all in the same address space.  But has there been a GPL
violation?  No, since, the only time a derivitive work can
conclusively shown to be created is when the user ran the kadmin
program, and the GPL does not restrict use, only distribution.

Could the kadmin program be considered a derived work of the readline
library?  No, because it was written to call libss *years* ago, long
before libss was modified to potentially call the readline library.
The kadmin program called the libss *interface*, and at the time the
author of the kadmin program had no idea that it might subsequently
end up calling a GPL'ed library indirectly via libss.  And
furthermore, the BSD-licensed libss program does not even directly
link against the readline library, but rather uses dlopen() and
dlsym() to call a particular *interface* which could be satisified
either by a GPL or BSD licensed library.  So how can you say that the
libss program is a derivitive work of either library?

I believe you can use a similar solution to solve the openssl library
problem.  If there is a shim layer, and the application uses a search
path to find a library which it then dlopen()'s, this should
completely trump the license compatibility issue, since in this case
it is clear that it is not a derived work of any one particular
library, but rather it is calling an interface which can be satisified
by multiple libraries, and which library will get used can only be
determined at run-time.

- Ted


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Re: Urgently need GPL compatible libsnmp5-dev replacement :-(

2005-05-03 Thread Steve Langasek
On Tue, May 03, 2005 at 07:40:24PM -0300, Henrique de Moraes Holschuh wrote:
> On Wed, 04 May 2005, Christian Hammers wrote:
> > One of my packages, Quagga, is licenced under the GPL but is supposed to
> > get linked against NetSNMP. That now is problematic, as NetSNMP depends
> > on OpenSSL (for SNMPv3 crypto support?) which is not GPL compatible.

> A simple extension to Quagga's (*and* NetSNMP if it is GPLed) license
> allowing for linking to OpenSSL is probably the easiest way to fix this (and
> since that is a documentation change, it would get into sarge).

The license of the GNUTLS OpenSSL shim is GPL, causing possible license
problems in the other direction with GPL-incompatible apps.  It's also not a
very complete compatibility layer.

-- 
Steve Langasek
postmodern programmer


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Re: Urgently need GPL compatible libsnmp5-dev replacement :-(

2005-05-03 Thread David Mandelberg
On Tue, 2005-05-03 at 19:40 -0300, Henrique de Moraes Holschuh wrote:
> GNU version of OpenSSL (I don't recall how
> it is called).

GnuTLS I think.

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Re: Urgently need GPL compatible libsnmp5-dev replacement :-(

2005-05-03 Thread Marco d'Itri
On May 04, Christian Hammers <[EMAIL PROTECTED]> wrote:

> I could package the whole libsnmp source code into the Quagga file, and
> simply compile it with --without-openssl and then link it statically 
> or something similar brute force and ugly.
Or even better just disable SNMP support, which is not terribly useful
anyway.

-- 
ciao,
Marco


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Re: Urgently need GPL compatible libsnmp5-dev replacement :-(

2005-05-03 Thread Christian Hammers
Hello

On 2005-05-03 Henrique de Moraes Holschuh wrote:
> On Wed, 04 May 2005, Christian Hammers wrote:
> > One of my packages, Quagga, is licenced under the GPL but is supposed to
> > get linked against NetSNMP. That now is problematic, as NetSNMP depends
> > on OpenSSL (for SNMPv3 crypto support?) which is not GPL compatible.
> 
> A simple extension to Quagga's (*and* NetSNMP if it is GPLed) license
> allowing for linking to OpenSSL is probably the easiest way to fix this (and
> since that is a documentation change, it would get into sarge).

The extension itself would be easy, more problematic is that it would have
to be signed by all significant contributers to the Quagga source
code and those are many. Not to mention that Quagga was a "frustrated"
fork from Zebra which is no longer part of Debian so there may be problems
when begging for a licence change...

> > Or would it be possible to fork NetSNMP into a libsnmp5-gpl-dev package?
> 
> That would be etch-land.  The most sane way to fix this would be to get
> NetSNMP to be able to link to the GNU version of OpenSSL (I don't recall how
> it is called).

I could package the whole libsnmp source code into the Quagga file, and
simply compile it with --without-openssl and then link it statically 
or something similar brute force and ugly.

Replacing OpenSSL by GnuTLS is indeed something for etch if the upstream
maintainer from NetSNMP does have ambitions doing this at all as NetSNMP
is BSD licenced and has no need to do so. 

bye,

-christian-
 


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Re: Urgently need GPL compatible libsnmp5-dev replacement :-(

2005-05-03 Thread Henrique de Moraes Holschuh
On Wed, 04 May 2005, Christian Hammers wrote:
> One of my packages, Quagga, is licenced under the GPL but is supposed to
> get linked against NetSNMP. That now is problematic, as NetSNMP depends
> on OpenSSL (for SNMPv3 crypto support?) which is not GPL compatible.

A simple extension to Quagga's (*and* NetSNMP if it is GPLed) license
allowing for linking to OpenSSL is probably the easiest way to fix this (and
since that is a documentation change, it would get into sarge).

> Or would it be possible to fork NetSNMP into a libsnmp5-gpl-dev package?

That would be etch-land.  The most sane way to fix this would be to get
NetSNMP to be able to link to the GNU version of OpenSSL (I don't recall how
it is called).

-- 
  "One disk to rule them all, One disk to find them. One disk to bring
  them all and in the darkness grind them. In the Land of Redmond
  where the shadows lie." -- The Silicon Valley Tarot
  Henrique Holschuh


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Urgently need GPL compatible libsnmp5-dev replacement :-(

2005-05-03 Thread Christian Hammers
Hello

[regarding #306840 and with more info in #243870]

One of my packages, Quagga, is licenced under the GPL but is supposed to
get linked against NetSNMP. That now is problematic, as NetSNMP depends
on OpenSSL (for SNMPv3 crypto support?) which is not GPL compatible.

Does anybody know a good and easy to replace GPL-compatible SNMP library
that provides SNMP MUX capatiblities for C applications?

Or would it be possible to fork NetSNMP into a libsnmp5-gpl-dev package?

bye,

-christian-


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