Re: EDICT, GPL

2002-04-24 Thread David Starner
On Tue, Apr 23, 2002 at 07:55:11PM -0400, Glenn Maynard wrote:
 (CC to d-legal; it's related, at least due to edict-el, and they're a
 lot better at this topic than I am.)

It's much easier if you provide some context when you CC like this.
 
 Does this prevent plain GPL software from using the EDICT?  

No. Look, for example, at Quake. It's GPL, but at least for a long
period of time (and arguably still today) there is only one useable data
set, and it was non-free. The license of the data could forbid use with
a GPLed program, but could not prohibit the GPLed program, as that's a
seperate entity.

  (I had trouble convincing RMS that non-software didn't really fit under
  the GPL.)

The GPL isn't the greatest license for non-software. The principles of
the GPL - right to modify and distribute, rejection of right to take
proprietary - are very relevant to non-software, though, and the GPL is
a decent lazy-man's way of applying them. 
 
What exactly was the question here?

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Re: EDICT, GPL

2002-04-24 Thread Glenn Maynard
On Wed, Apr 24, 2002 at 01:20:28AM -0500, David Starner wrote:
 It's much easier if you provide some context when you CC like this.

I forgot to link the license:

http://www.csse.monash.edu.au/groups/edrdg/newlic.html

(or in the non-free package edict, I assume.)

 No. Look, for example, at Quake. It's GPL, but at least for a long
 period of time (and arguably still today) there is only one useable data
 set, and it was non-free. The license of the data could forbid use with
 a GPLed program, but could not prohibit the GPLed program, as that's a
 seperate entity.

Did it actually do this?  It had distribution restrictions, of course
(which could bump the game itself in contrib, lacking any free datasets),
but are there also restrictions on what kinds of programs can use the
data, as there are here?  (I don't have the Q1 license handy.)  It'd be
rather odd for id to GPL the source to the game, but not allow their own
dataset to be used with it, though I could see the publisher causing that
kind of thing.

 What exactly was the question here?

(c, i) Permission is granted: ... to use these files as part of software
which is distributed free-of-charge ...

What's necessary to allow a program to use the EDICT?  If a GPL program can
use the EDICT freely, that'd seem to indicate this clause is unenforcable, at
least in this case; the program might end up being distributed commercially.
(How do restrictions like this work?  How could it be satisfied if I placed a
program that uses the EDICT in the public domain?)  edict-el appears to be a
plain GPL program that uses it; there seems to be nothing stopping commercial
distribution.  There are examples of GPL programs that use the EDICT
with and without this restriction added, though in the cases where it
was, I don't know if this was the reason.

-- 
Glenn Maynard


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Re: EDICT, GPL

2002-04-24 Thread Jim Breen
[Glenn Maynard (EDICT, GPL) writes:]
 Jim Breen [EMAIL PROTECTED] wrote in
 news:[EMAIL PROTECTED]: 

[This was on the sci.lang.japan newsgroup, and concerned some shareware
MacOSX software that used the EDICT/KANJDIC/etc. Japanese dictionary
files I have compiled.]

  Originally you couldn't charge for packaging it. But people were free
  to write shareware or commercial software, e.g. Unidict, then say to
  use this you need to download EDICT which is free.. It was partly to
  regularize this that I changed the licence.
 
 Does this prevent plain GPL software from using the EDICT?  

Not at all. My own xjdic is GPLed. It's in /debian/pool/contrib/x/xjdic
among other places.

 I've seen GPL
 software (ie. JFC) with an added no commercial use restriction.  (I hope
 they know that if they do this, they're no longer GPL-compatible and so
 can't link against GPL libraries.)  

I've seen that comment which Glenn Rosenthal added on the JFC page after
he quotes the GPL text. He actually says .. without the explicit permission
of the respective copyright holder(s).

 That makes any software using the EDICT
 non-free, at least according to Debian.

I have heard that Debian has problems with this approach. Of course xjdic
doesn't *need* EDICT; it can use any Japanese/English file in the right
format. As far as I am concerned the software and its data are decoupled
in this case.

 Hmm.  edict-el in Debian appears to be GPL'd without any exceptions,
 which would seem to put it in violation (since that means the program
 can be used and sold commercially.)  It could end up being sold as part
 of contrib.  (I'm somewhat curious on whether the EDICT license can
 prevent things like the distribution of edict-el.  It uses it, but could
 potentially be used with similarly-formatted databases, and the
 distribution of edict-el seems to have nothing inherently related to
 EDICT.)

Exactly. edict-el and xjdic are in the same boat. I see edict-el is in
/contrib too.

 Aside, 
 Permission for such usage will normally be granted in return for a fee
 based on a proportion of either the subscription charges.
 
 Of either the subscription charges or what?

Sorry, that either is a left-over from a earlier version.

  (I had trouble convincing RMS that non-software didn't really fit under
  the GPL.)
 
 Of course, you'll have people everything from the GPL does apply to
 non-software to databases and documentation *are* software.  Regardless
 of this, it seems obvious that the *principles* of the GPL can easily apply
 to documentation and databases.  (Yet others will debate the value of
 doing that.)

Up to a point. The problem with putting a data file under the GPL is that
a dataset is probably far enough off from the program source of a program
that accesses it that the you must release the source dictum may not
be supportable.

 I'm curious why you'd have tried to convince RMS of this: it seems clear
 you don't want the EDICT to be freely used commercially, and the GPL
 would allow this.  I suppose you could apply a license that allows
 commercial use in free software, and alternative, fee-based terms for
 proprietary software.  (That is, alternative GPLish-or-no-commercial-use
 licensing.)  That could probably get EDICT into Debian, which is
 currently in non-free.

The issue came up years ago with RMS, and has been touched on a few times
since. The problem is that a lot of contributors provided data which was
their IP on the condition of no commercial exploitation. I have got
agreement that that be extended to the sort of non-exclusive licence for
commercial use.

I have given Debian and other Linux distros full permission to include 
EDICT, etc. free-of-charge. If they doesn't want to take it up, it's not my
problem.

Cheers

Jim

-- 
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Re: EDICT, GPL

2002-04-24 Thread Jim Breen
[Glenn Maynard (Re: EDICT, GPL) writes:]
 On Wed, Apr 24, 2002 at 01:20:28AM -0500, David Starner wrote:
 
  What exactly was the question here?
 
 (c, i) Permission is granted: ... to use these files as part of software
 which is distributed free-of-charge ...

This is quoting from the licence covering EDICT, etc.

 What's necessary to allow a program to use the EDICT?  

Basically the program either must not be sold, or if it is, it gets specific
permission in return for a licence fee.

 If a GPL program can
 use the EDICT freely, that'd seem to indicate this clause is unenforcable, at
 least in this case; the program might end up being distributed commercially.

At the stage such software begins commercial distribution, it ceases to
be eligible to use the file(s) fre-of-charge.

Enforcibility? I would have all sorts of jurisdictional problems in
establishing a tort existed. My licence has been violated a couple of
times in the past  and for their pains the perpetrators attracted so
much vitriolic email, once the violation became public, that they backed off 
in a hurry.

 (How do restrictions like this work?  How could it be satisfied if I placed a
 program that uses the EDICT in the public domain?)  edict-el appears to be a
 plain GPL program that uses it; there seems to be nothing stopping commercial
 distribution.  There are examples of GPL programs that use the EDICT
 with and without this restriction added, though in the cases where it
 was, I don't know if this was the reason.

You can sell edict-el as much as you like. But if you pop a copy of EDICT
on the CD for the package to use, I'll make the violation public and call
in my cheer squad. 8-)}

Cheers

Jim

-- 
Jim Breen  [EMAIL PROTECTED]  http://www.csse.monash.edu.au/~jwb/]
Computer Science  Software Engineering,Tel: +61 3 9905 3298
P.O Box 26, Monash University,  Fax: +61 3 9905 5146
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Mplayer again.

2002-04-24 Thread Dariush Pietrzak
Hello,
 I was just about to send packages for uploading, when one more issue
 about mplayer's sources creeped up, one file seems to bee a bit
 controversial on licence side ( divx_vbr.c, included later in this
 mail).

 Since then, I've located way around it: Michael Niedermayer
 implemented a two-pass mode directly into libavcodec.

What are my options now?
- can I remove this file in debian-patch? i.e. it would be it
 .orig.tar.gz, and get removed in diff, or do I need fix upstream first?

Also, how problematic is what we have here?
 
 /*
  *  divx4_vbr.c
  *
  *  Copyright (C) Thomas streich - June 2001
  *
  *  2-pass code OpenDivX port:
  *  Copyright (C) 2001 Christoph Lampert [EMAIL PROTECTED] 
  *
  *  This file is part of transcode, a linux video stream
  *  processing tool
  *  
  *  transcode is free software; you can redistribute it and/or
  *  modify
  *  it under the terms of the GNU General Public License as
  *  published by
  *  the Free Software Foundation; either version 2, or (at
  *  your option)
  *  any later version.
  *   
  *  transcode is distributed in the hope that it will be
  *  useful,
  *  but WITHOUT ANY WARRANTY; without even the implied
  *  warranty of
  *  MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE.
  *  See the
  *  GNU General Public License for more details.
  *   
  *  You should have received a copy of the GNU
  *  General Public License
  *  along with GNU Make; see the file COPYING.  If
  *  not, write to
  *  the Free Software Foundation, 675 Mass Ave,
  *  Cambridge, MA 02139, USA. 
  *
  */


 /**
  *Two-pass-code from OpenDivX
  **
  **
  *  Large parts of this code were taken from
  *  VbrControl() *
  *  from the OpenDivX project, (C)
  *  divxnetworks,  *
  *  this code is published under DivX Open
  *  license, which *
  *  can be found... somewhere... oh,
  *  whatever...  *
  **/



 -- 
 Eyck, 
The Public Ambivalent Individual.


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Re: EDICT, GPL

2002-04-24 Thread Jeff Licquia
Jim Breen wrote in two separate messages:
  What's necessary to allow a program to use the EDICT?  
 
 Basically the program either must not be sold, or if it is, it gets specific
 permission in return for a licence fee.

This indicates that edict should either be in non-free or not
distributed at all by Debian.

 I have given Debian and other Linux distros full permission to include 
 EDICT, etc. free-of-charge. If they doesn't want to take it up, it's not my
 problem.

This indicates that we can distribute edict in non-free (which we are).

 I have heard that Debian has problems with this approach. Of course xjdic
 doesn't *need* EDICT; it can use any Japanese/English file in the right
 format. As far as I am concerned the software and its data are decoupled
 in this case.

If edict-el is in the same boat, then this indicates that there's no
ambiguity concerning its GPLed license status or its dependency on
Emacs.  As long as there is no free data set for edict-el or xjdic to
use, then both should be in contrib (which they are).

Both the letter and spirit of the GPL disclaim any requirements on data,
so this concern from Glenn:

  If a GPL program can
  use the EDICT freely, that'd seem to indicate this clause is unenforcable, 
  at
  least in this case; the program might end up being distributed 
  commercially.

isn't an issue.

 You can sell edict-el as much as you like. But if you pop a copy of EDICT
 on the CD for the package to use, I'll make the violation public and call
 in my cheer squad. 8-)}

This further backs up the licensing status for both edict and edict-el.

It would appear, therefore, that the status quo concerning the Debian
packages is exactly correct.

Of course, IANAL, standard disclaimers apply.


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Re: Mplayer again.

2002-04-24 Thread Walter Landry
Dariush Pietrzak [EMAIL PROTECTED] wrote:
 Hello,
  I was just about to send packages for uploading, when one more issue
  about mplayer's sources creeped up, one file seems to bee a bit
  controversial on licence side ( divx_vbr.c, included later in this
  mail).
 
  Since then, I've located way around it: Michael Niedermayer
  implemented a two-pass mode directly into libavcodec.
 
 What are my options now?
 - can I remove this file in debian-patch? i.e. it would be it
  .orig.tar.gz, and get removed in diff, or do I need fix upstream first?
 
 Also, how problematic is what we have here?

I found a copy of a DivX Open License at
http://www.videocoding.de/divx_license.html.  It is incompatible with
the GPL.  In any case, the copyright notice is so vague, that we don't
know what license it is really under.  So you should take it out of
the .orig.tar.gz.

Regards,
Walter Landry
[EMAIL PROTECTED]


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Re: EDICT, GPL

2002-04-24 Thread David Starner
On Wed, Apr 24, 2002 at 04:05:01AM -0400, Glenn Maynard wrote:
 Did it [Quake] actually do this?  It had distribution restrictions, of course
 (which could bump the game itself in contrib, lacking any free datasets),
 but are there also restrictions on what kinds of programs can use the
 data, as there are here?  

No. I was just using Quake as an example of a free program that had
non-free data; as far as I know, ID didn't care what you used the data
with, so long as you paid for it.

  What exactly was the question here?
 
 (c, i) Permission is granted: ... to use these files as part of software
 which is distributed free-of-charge ...

It's a bitch of a requirement, and probably gets violated all the time
with stuff like Debian contrib on CheapBytes disks. But that couldn't
affect the license on the code, unless it compiled it in. (Yes, I
realize it's a moot point in this case.)

-- 
David Starner - [EMAIL PROTECTED]
It's not a habit; it's cool; I feel alive. 
If you don't have it you're on the other side. 
- K's Choice (probably referring to the Internet)


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Re: [cfi-en] Printing restriction -- should move to non-free ?

2002-04-24 Thread Jakob Bohm
Oops, I sent this directly to Mr. Hedin, posting to list now.

On Mon, Apr 22, 2002 at 11:27:04PM +0200, Mikael Hedin wrote:
 Mail Delivery System writes:
   This message was created automatically by mail delivery
   software (Exim).
  
   A message that you sent could not be delivered to one or
   more of its recipients. This is a permanent error. The
   following address(es) failed:
  
 [EMAIL PROTECTED]
   SMTP error from remote mailer after RCPT
   TO:[EMAIL PROTECTED]: host
   mxpool01.netaddress.usa.net [165.212.8.32]:
   550 [EMAIL PROTECTED]... User not known


nirgendwo is German for nobody, this looks like one of those
no-spam e-mail addresses, not the real address of the
translator, try looking for his real e-mail address elsewhere.

Hope this helps

Jakob

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Description: PGP signature


Non-US definition

2002-04-24 Thread Matt Kraai
Howdy,

The package information page[1] contains the following
description of the Non-US section:

 Non-US/Main and Non-US/Non-Free
  These packages cannot be exported from the USA, they are
  mostly encryption software packages, or software that is
  encumbered by patent issues.  Most of them are free, but some
  are non-free.

The CD FAQ[2] contains the following description:

 There are two variants of the binary-1 CD, one with and one
 without software of the non-US category.  Non-US software may
 be imported into the US without problems, but exporting it from
 the US is forbidden by law (it contains strong cryptographic
 code).

I suppose both of these will need to be updated once the
crypto-in-main transition is complete.

I am primarily concerned with the status of patent-encumbered
software, however.  May it be distributed within the USA?  How
does this avoid the patent problems?

Matt

1. http://www.debian.org/distrib/packages
2. http://www.debian.org/CD/faq/


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Re: EDICT, GPL

2002-04-24 Thread Glenn Maynard
On Wed, Apr 24, 2002 at 06:39:05PM +1000, Jim Breen wrote:
 I've seen that comment which Glenn Rosenthal added on the JFC page after
 he quotes the GPL text. He actually says .. without the explicit permission
 of the respective copyright holder(s).

That's implicit, anyway.  (Copyright holders can always grant permission.)

It's a kind of restriction that would make me think twice about contributing
to it, unless it was done for some unavoidable reason, such as for using the
EDICT, which isn't the case.  (I prefer donating time to free software, which
this isn't.)

 Up to a point. The problem with putting a data file under the GPL is that
 a dataset is probably far enough off from the program source of a program
 that accesses it that the you must release the source dictum may not
 be supportable.

Well, it might be mostly irrelevant if the form it's normally used is the
same as its source.  When it's relevant, I'd think it's always supportable.
It's moot here, anyway, if the licensing of some of the data is out of
your hands.

 The issue came up years ago with RMS, and has been touched on a few times
 since. The problem is that a lot of contributors provided data which was
 their IP on the condition of no commercial exploitation. I have got
 agreement that that be extended to the sort of non-exclusive licence for
 commercial use.

Well, that's unfortunate, but probably unavoidable if some of that
contributed data is published elsewhere.

A quick question about SKIP data in the kanjidic: The license page
says both that you have permission to include it, and that

SKIP data must be protected from illegal copying and distribution,
using such measures encryption. The data must be encrypted if it is to
be used in any kind of product, including commercial products, software
and freeware. (in the SKIP license.)  

Is this requirement waived?  I'd imagine that if he allowed the data to be
included, he's no longer interested in preventing illegal distribution by
encryption.  (It's obviously not encrypted within kanjidic.)  Seems
like a fairly useless requirement, anyway.

-- 
Glenn Maynard


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Re: EDICT, GPL

2002-04-24 Thread Jim Breen
[Glenn Maynard (Re: EDICT, GPL) writes:]

[Background: SKIP (System of Kanji Indexing by Patterns) is Jack
Halpern's indexing system used in both his kanji dictionaries.]

 A quick question about SKIP data in the kanjidic: The license page
 says both that you have permission to include it, and that
 
 SKIP data must be protected from illegal copying and distribution,
 using such measures encryption. The data must be encrypted if it is to
 be used in any kind of product, including commercial products, software
 and freeware. (in the SKIP license.)  
 
 Is this requirement waived?  I'd imagine that if he allowed the data to be
 included, he's no longer interested in preventing illegal distribution by
 encryption.  (It's obviously not encrypted within kanjidic.)  Seems
 like a fairly useless requirement, anyway.

I included those words because Jack wanted them. I think they are pretty
meaningless. Jack is a friend of mine, and I know he has a well-honed
dislike of IP piracy, having seen some of his writings simply
appropriated by others. He's no IT guru though, pace the above, and I'm
not convinced that his SKIP is that well protected. The 3000-odd codes
published in his New Japanese-English Character Dictionary may well be 
copyright, but since AFAIK he did not patent the system, the SKIP codes
for the remaining 9,000-odd kanji in my kanji databases, most of which
I generated, are out of his control. I'm happy to go along with the
notion that he controls their disposition. I can't really imagine anyone
else charging in to publish a SKIP-oriented kanji dictionary. The market
isn't big enough.

Cheers

Jim

-- 
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Computer Science  Software Engineering,Tel: +61 3 9905 3298
P.O Box 26, Monash University,  Fax: +61 3 9905 5146
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