Aspell-en's questionable license

2002-11-04 Thread Brian Nelson
Richard,

It has come to the attention of debian-legal that the aspell-en package
is licensed under questionable terms.  In particular, aspell-en uses the
"DEC Word List," which contains the following notice:

  (NON-)COPYRIGHT STATUS

  To the best of my knowledge, all the files I used to build these
  wordlists were available for public distribution and use, at least
  for non-commercial purposes.  I have confirmed this assumption with
  the authors of the lists, whenever they were known.

  Therefore, it is safe to assume that the wordlists in this package
  can also be freely copied, distributed, modified, and used for
  personal, educational, and research purposes.  (Use of these files in
  commercial products may require written permission from DEC and/or
  the authors of the original lists.)
  ...

Naturally, this violates the following clause of the Debian Free
Software Guidelines:

  No Discrimination Against Fields of Endeavor

  The license must not restrict anyone from making use of the program in
  a specific field of endeavor. For example, it may not restrict the
  program from being used in a business, or from being used for genetic
  research.

The GNU/Aspell maintainer, Kevin Atkinson, has stated that you reviewed
and accepted this license as suitable for use with the GNU/Aspell
project.  On behalf of debian-legal, I would like to ask if you could
clarify your position regarding the terms of the aspell-en license, and
in particular, the DEC Word List "license".

Debian's current stance was nicely summarized by Jeff Licquia in this
message:

http://lists.debian.org/debian-legal/2002/debian-legal-200211/msg00041.html

Thank you for your time,
Brian

-- 
People said I was dumb, but I proved them!



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Re: Apple Public Source License and more

2002-11-04 Thread Steve Langasek
Hello,

On Tue, Nov 05, 2002 at 08:22:05AM +0900, Jens Schmalzing wrote:

> 2. Apple Public Source License

>A number of drivers are adapted from Darwin and were released under
>the Apple Public Source License (APSL).  More specifically, version
>1.2 applies, which to my knowledge was certified as free, but a few
>posts on this list express doubts.  What is the current situation
>on this?

I'm not sure why you have the impression that this license had been
"certified" as free.  If you mean "certified" in the sense of a formal
certification, the only body I know of which certifies licenses in such a
manner is the OSI, which uses the term "Open Source" -- not "free".  The
FSF (champions of the term "Free" :), for its part, states that the APSL
is not free.  I have read the license in the past in connection with my
employer's rollout of quicktime streaming server, also made available
under this license; and at the time my conclusion was also that the
license is non-free (and not DFSG-compliant).  I would have to look over
the license again to give you a specific citation; perhaps another
debian-legaler can be more specific.

> 3. no clear license

>Some drivers are based on example code that Apple supplies as a
>starting point for driver development.  This was before the APSL,
>so Samuel believes it is possible to place them under a free
>license.

If "based on example code" means that the drivers contain substantial
portions of the example code, either verbatim or in recognizable form,
the driver is a derivative work of the original code and we must have the
express consent of that code's copyright holder (Apple) before it can be
considered free.  Precisely how much of the original code must be
included before this is a problem is a question of paralegal mathemagic,
the answer to which may vary according to jurisdiction.  Note that if
there is no clear license on this code, upstream may also be violating
copyright law by distributing these drivers at all, and should consult
legal counsel if they have any doubts about this.

> | All the binaries above run within the MOL session and they are
> | coupled to MOL and the linux side through a syscall interface.
> | Running non-GPL code in this manner might slightly violate the mol
> | GPL license.

> Is this correct?  What modifications to the mol license would be
> necessary to keep mol DFSG-free while allowing for non-free drivers to
> run?

[As an aside, the DFSG-freeness of a license can always be determined per
se, without consideration for the nature of the licensed code or its
dependencies.  If a license is free, code distributed under that license
belongs in one of three places: the main archive, the contrib archive if
it depends on non-free code, or outside of the archive entirely if it
cannot be distributed because of a license conflict.  There is no
combination of circumstances that would require code distributed under a
DFSG-compliant license to be uploaded to the non-free archive.]

Run-time coupling of GPL and non-GPL code is never prohibited by the GPL;
it's only when you distribute such code together[1] that you run into
license issues.  You therefore cannot be held in violation of the GPL for
distribution that you are not a party to, and by definition, anything
that can legitimately be included in Debian's main archive does not
require the non-free code in question, so there should not be a problem
here.  As long as non-free code is not included, nor required for the
software to be useable, it should be ok to upload to main.

If there are still doubts, upstream may wish to clarify their license in
the same way that Linus has for the Linux kernel, making it clear that
running non-free applications on top of mol is considered acceptable.

Regards,
Steve Langasek
postmodern programmer

[1] Or separately, if the GPL binary depends on the GPL-incompatible code


pgpTQ8n8ySK9s.pgp
Description: PGP signature


Apple Public Source License and more

2002-11-04 Thread Jens Schmalzing
Hi,

I am packaging the Mac-on-Linux emulator mol, which is itself GPLed.
Recently, it has become capable of booting both Mac OS and Linux on
its virtual machine and therefore was moved from contrib to main.  Now
the question has arisen whether some of the low-level drivers that mol
includes should actually be in main.  If I understand Samuel's (he is
the upstream author) explanation correctly, their licenses fall in
three categories:

1. GPL

   This is no problem at all of course and since Linux runs on top of
   this driver, the package will stay in main and non-free drivers
   will be moved to a separate package in non-free if necessary.

2. Apple Public Source License

   A number of drivers are adapted from Darwin and were released under
   the Apple Public Source License (APSL).  More specifically, version
   1.2 applies, which to my knowledge was certified as free, but a few
   posts on this list express doubts.  What is the current situation
   on this?

3. no clear license

   Some drivers are based on example code that Apple supplies as a
   starting point for driver development.  This was before the APSL,
   so Samuel believes it is possible to place them under a free
   license.

Furthermore, to quote Samuel,

| All the binaries above run within the MOL session and they are
| coupled to MOL and the linux side through a syscall interface.
| Running non-GPL code in this manner might slightly violate the mol
| GPL license.

Is this correct?  What modifications to the mol license would be
necessary to keep mol DFSG-free while allowing for non-free drivers to
run?

Thanks for any comments, Jens.

-- 
J'qbpbe, le m'en fquz pe j'qbpbe!
Le veux aimeb et mqubib panz je pézqbpbe je djuz tqtaj!



Re: Aspell-en license Once again.

2002-11-04 Thread Brian Nelson
Henning Makholm <[EMAIL PROTECTED]> writes:

>> Well, the idea was that you glance at the word list, maybe remove a word
>> or two, and then copyright it for yourself.  Should take no more than 5
>> minutes.
>
> No, it doesn't work that way. It would still be freeriding on the
> original author's creative choice of which words to include in the
> original list. 

But isn't the compilation of several wordlists to make one big wordlist
a form of creative choice, thereby creating an original copyright-able
work?

After all, it's possible that a small-ish wordlist is a subset of
another unrelated, much larger wordlist.  But the larger wordlist
wouldn't infringe on the copyright of the small list.

> Likewise, a novel does not escape its author's copyright just because
> you strike out a couple of sentences at random.

What comprises the originality of a novel is more than just the words
used.  That's not true of a wordlist.

-- 
People said I was dumb, but I proved them!



Re: Aspell-en license Once again.

2002-11-04 Thread Kevin Atkinson
On Mon, 4 Nov 2002, Brian Nelson wrote:

> Kevin Atkinson <[EMAIL PROTECTED]> writes:
> 
> > Um no.  This is not a statement of rights.  It is merely an assessment of
> > how the DEC word list author views the situation.  He assigns no
> > additional copyright to his work.
> 
> Who holds the copyright then?  DEC?  Does anyone even hold a copyright
> on the list?
> 
> Prior to the above quoted clause, the license states:
> 
>   To the best of my knowledge, all the files I used to build these
>   wordlists were available for public distribution and use, at least
>   for non-commercial purposes.  I have confirmed this assumption with
>   the authors of the lists, whenever they were known.
> 
> Any idea what "the files I used to build these wordlists" were?  If they
> weren't wordlists themselves, then there is no issue here.  Is this what
> RMS was referring to?

I do not have a clue.  I suggest someone contacts RMS on this matter.   Do 
not expect me to because I am sick of this whole discussion.

-- 
http://kevin.atkinson.dhs.org



Re: Aspell-en license Once again.

2002-11-04 Thread Brian Nelson
Kevin Atkinson <[EMAIL PROTECTED]> writes:

> On 4 Nov 2002, Henning Makholm wrote:
>
>> Scripsit Brian Nelson <[EMAIL PROTECTED]>
>> 
>> > However, this "license" contains the same questionable clause as the
>> > aspell-en license:
>> 
>> >   Therefore, it is safe to assume that the wordlists in this package
>> >   can also be freely copied, distributed, modified, and used for
>> >   personal, educational, and research purposes.  (Use of these files in
>> >   commercial products may require written permission from DEC and/or
>> >   the authors of the original lists.)
>> 
>> Now there's a real problem.
>
> Um no.  This is not a statement of rights.  It is merely an assessment of
> how the DEC word list author views the situation.  He assigns no
> additional copyright to his work.

Who holds the copyright then?  DEC?  Does anyone even hold a copyright
on the list?

Prior to the above quoted clause, the license states:

  To the best of my knowledge, all the files I used to build these
  wordlists were available for public distribution and use, at least
  for non-commercial purposes.  I have confirmed this assumption with
  the authors of the lists, whenever they were known.

Any idea what "the files I used to build these wordlists" were?  If they
weren't wordlists themselves, then there is no issue here.  Is this what
RMS was referring to?

-- 
People said I was dumb, but I proved them!



Re: Aspell-en license Once again.

2002-11-04 Thread Henning Makholm
Scripsit Kevin Atkinson <[EMAIL PROTECTED]>
> On Mon, 4 Nov 2002, Brian Nelson wrote:

> > However, this "license" contains the same questionable clause as the
> > aspell-en license:

> >   Therefore, it is safe to assume that the wordlists in this package
> >   can also be freely copied, distributed, modified, and used for
> >   personal, educational, and research purposes.  (Use of these files in
> >   commercial products may require written permission from DEC and/or
> >   the authors of the original lists.)

> This is not a statement of rights.  It is merely an assessment of how the 
> DEC word list author views the situation.  He assigns no additional 
> copyright to his work.

Yes, but do we then have any good-faith basis for assuming that one
can "use the files in a commercial product" (such as a Debian cd-rom
sold for profit) witout infringing anybody's copyright?

-- 
Henning Makholm   "No one seems to know what
   distinguishes a bell from a whistle."



Re: Aspell-en license Once again.

2002-11-04 Thread Kevin Atkinson
On 4 Nov 2002, Henning Makholm wrote:

> Scripsit Brian Nelson <[EMAIL PROTECTED]>
> 
> > However, this "license" contains the same questionable clause as the
> > aspell-en license:
> 
> >   Therefore, it is safe to assume that the wordlists in this package
> >   can also be freely copied, distributed, modified, and used for
> >   personal, educational, and research purposes.  (Use of these files in
> >   commercial products may require written permission from DEC and/or
> >   the authors of the original lists.)
> 
> Now there's a real problem.

Um no.  This is not a statement of rights.  It is merely an assessment of
how the DEC word list author views the situation.  He assigns no
additional copyright to his work.

--- 
http://kevin.atkinson.dhs.org




Re: Aspell-en license Once again.

2002-11-04 Thread Kevin Atkinson
On Mon, 4 Nov 2002, Brian Nelson wrote:

> However, this "license" contains the same questionable clause as the
> aspell-en license:
> 
>   Therefore, it is safe to assume that the wordlists in this package
>   can also be freely copied, distributed, modified, and used for
>   personal, educational, and research purposes.  (Use of these files in
>   commercial products may require written permission from DEC and/or
>   the authors of the original lists.)

This is not a statement of rights.  It is merely an assessment of how the 
DEC word list author views the situation.  He assigns no additional 
copyright to his work.

RMS has looked over the copyright of SCOWL and given me the all clear for 
use in the FSF project.

-- 
http://kevin.atkinson.dhs.org



Re: Aspell-en license Once again.

2002-11-04 Thread Henning Makholm
Scripsit Brian Nelson <[EMAIL PROTECTED]>

> However, this "license" contains the same questionable clause as the
> aspell-en license:

>   Therefore, it is safe to assume that the wordlists in this package
>   can also be freely copied, distributed, modified, and used for
>   personal, educational, and research purposes.  (Use of these files in
>   commercial products may require written permission from DEC and/or
>   the authors of the original lists.)

Now there's a real problem.

> Well, the idea was that you glance at the word list, maybe remove a word
> or two, and then copyright it for yourself.  Should take no more than 5
> minutes.

No, it doesn't work that way. It would still be freeriding on the
original author's creative choice of which words to include in the
original list. Likewise, a novel does not escape its author's
copyright just because you strike out a couple of sentences at
random.

-- 
Henning Makholm"De er da bare dumme. Det skal du bare sige til dem."



Re: Aspell-en license Once again.

2002-11-04 Thread Henning Makholm
Scripsit Jeff Licquia <[EMAIL PROTECTED]>
> On Mon, 2002-11-04 at 13:54, Henning Makholm wrote:

> > Man, you're way out. Some people (not all developers) point out that
> > the Database Directive exists. Not a word has been said about it being
> > "supreme" in any way. It exists. That is all. It that so har to grasp?

> Since we acknowledge that it exists, what should we do about it?

I don't argue any way here. In fact, it was probably a
misrepresentation of my own position to attach it so aggressively to
the database directive. What I really think (I think) is that word
lists may be protected by conventional (Berne) copyright.

My main interests here are to prevent history from recording d-l
consensus as "we don't need to worry about copyright for
spell-checking dictionaries because such copyright can't exist".

> So, given that we have:
>  - a good-faith effort to respect rights that may not even have existed
> at the time,

On what to do with the particular aspell-en lists I have no explicit
opinion. If it can be argued convincingly that we have proper
permission to distribute them (and I have not checked the facts here,
but I take your list to mean that you have), then of course we can.
I just don't want the *reason* for doing so to be "there was never a
problem in the first place".

-- 
Henning Makholm  "Det är alldeles för ansvarsfullt att skaffa en
flickvän. Det är ju som att skaffa en hundvalp."



Re: Aspell-en license Once again.

2002-11-04 Thread Brian Nelson
Kevin Atkinson <[EMAIL PROTECTED]> writes:

> On Mon, 4 Nov 2002, Brian Nelson wrote:
>
>> Henning Makholm <[EMAIL PROTECTED]> writes:
>> 
>> > Scripsit Brian Nelson <[EMAIL PROTECTED]>
>> >
>> >> Ugh, please respect the MFT header because the Aspell maintainer is not
>> >> subscribed to d-l.
>> >
>> > Yeah. Other people complain vehemently unless I send my replies to
>> > debian-legal and only debian-legal. I do try my best.
>> 
>> As long as you always respect the MFT and MCT headers, no one should
>> complain.
>
> What is the MFT and MCT headers?

Mail-Followup-To and Mail-Copies-To.  Most modern mailers (mutt, oort
gnus, probably kmail...) support them.

>> OK, then following this reasoning, the aspell-en maintainer can review
>> each word in the DEC word list, decide that each one is acceptable for
>> inclusion (maybe throw out one or two for good measure), and then
>> declare the new list as an original work.  He can copyright it as his
>> own, license it under a DFSG-free license, and then everyone is happy.
>
> I believe, The DEC word list author has already done this.  Attached is the
> README of the DEC word list.

However, this "license" contains the same questionable clause as the
aspell-en license:

  Therefore, it is safe to assume that the wordlists in this package
  can also be freely copied, distributed, modified, and used for
  personal, educational, and research purposes.  (Use of these files in
  commercial products may require written permission from DEC and/or
  the authors of the original lists.)

which is in violation of this clause Debian Free Software Guidelines:

  No Discrimination Against Fields of Endeavor

  The license must not restrict anyone from making use of the program in
  a specific field of endeavor. For example, it may not restrict the
  program from being used in a business, or from being used for genetic
  research.

Unfortunately, RMS's statement does not seem to address this.

>> Can you do this, Kevin, and finally end this absurd discussion?
>
> NO, I simply do not have the time.

Well, the idea was that you glance at the word list, maybe remove a word
or two, and then copyright it for yourself.  Should take no more than 5
minutes.

-- 
People said I was dumb, but I proved them!



Re: Aspell-en license Once again.

2002-11-04 Thread Jeff Licquia
On Mon, 2002-11-04 at 13:54, Henning Makholm wrote:
> Man, you're way out. Some people (not all developers) point out that
> the Database Directive exists. Not a word has been said about it being
> "supreme" in any way. It exists. That is all. It that so har to grasp?

Since we acknowledge that it exists, what should we do about it?

The problem seems to be centered around the DEC word lists.  From my
reading of the license, it seems that the original author of the DEC
list make a serious good-faith effort to identify the contributors to
the list.  I doubt that tracking down the remaining authors would be
practically possible, given that we are now removed by two additional
layers of incorporation from them.

In addition, it is worth noting that DEC was a US corporation, and
remains US-owned.  I also note from Kevin's site that he lives in the
USA.  Finally, Debian's main sites are located in the USA.  The Database
Directive of the EU, therefore, does not have the impact that, for
example, the USA crypto laws have.

Finally, I don't know how old the Database Directive is, and whether its
terms are retroactive.  This may have an effect on the status of the DEC
list if it can be established that it was created before the Database
Directive went into effect.

So, given that we have:

 - a good-faith effort to respect rights that may not even have existed
at the time,

 - no way of identifying additional authors besides those contacted by
DEC,

 - a significant burden of proof on the part of any claimant, given that
said claimant did not respond at the time of DEC's inquiry in addition
to the ease which alphabetized word lists may be generated,

 - significant jurisdictional issues surrounding the applicability of
the Database Directive to DEC, the upstream author, or Debian itself,

 - a significant likelihood that we would be joined in legal liability
by Hewlett-Packard, the current owners of DEC's assets and a friendly
ally of both free software and the Debian project,

I vote that we treat the copyright to this list the same way we treat
patents generally: wait for someone to complain before pulling the
list.  The situation is analogous; just as we cannot know which patents
we currently infringe upon, given the volume of patents and the volume
of code we distribute, so here we cannot know which copyrights we
infringe upon, due to our disconnection from their original authors.

At any rate, it seems unlikely to me that anyone will be able to hold us
responsible for willful infringement given the circumstances surrounding
any holder's disregard for his/her rights up to this point.



Re: Aspell-en license Once again.

2002-11-04 Thread Kevin Atkinson
On Mon, 4 Nov 2002, Brian Nelson wrote:

> Henning Makholm <[EMAIL PROTECTED]> writes:
> 
> > Scripsit Brian Nelson <[EMAIL PROTECTED]>
> >
> >> Ugh, please respect the MFT header because the Aspell maintainer is not
> >> subscribed to d-l.
> >
> > Yeah. Other people complain vehemently unless I send my replies to
> > debian-legal and only debian-legal. I do try my best.
> 
> As long as you always respect the MFT and MCT headers, no one should
> complain.

What is the MFT and MCT headers?

> OK, then following this reasoning, the aspell-en maintainer can review
> each word in the DEC word list, decide that each one is acceptable for
> inclusion (maybe throw out one or two for good measure), and then
> declare the new list as an original work.  He can copyright it as his
> own, license it under a DFSG-free license, and then everyone is happy.

I believe, The DEC word list author has already done this.  Attached is the
README of the DEC word list.

> Can you do this, Kevin, and finally end this absurd discussion?

NO, I simply do not have the time.

---
http://kevin.atkinson.dhs.org

FILE: english.words
VERSION: DEC-SRC-92-04-05

EDITOR

Jorge Stolfi <[EMAIL PROTECTED]>
DEC Systems Research Center
  
AUTHORS OF ORIGIONAL WORDLISTS

Andy Tanenbaum <[EMAIL PROTECTED]>
Barry Brachman <[EMAIL PROTECTED]>
Geoff Kuenning <[EMAIL PROTECTED]>
Henk Smit <[EMAIL PROTECTED]>
Walt Buehring <[EMAIL PROTECTED]>

DESCRIPTION

The file english.words is a list  of over 104,000
English words compiled from several public domain wordlists.  

The file has one word per line, and is sorted with sort(1)
in plain ASCII collating sequence.

The file is supposed to include all verb forms ("-s", "-ed",
"-ing"), noun plurals and possesives, and forms derived by various
prefixes and suffixes ("un-", "re-", "-ly", "-er", "-ation", etc.)
However, the list is still highly incomplete and inconsistent: not
all stems have all forms, and some forms (notably possesive
plural) are missing altogether.

The file is NOT supposed to contain any "proper" names, such as
the names of ordinary persons, corporations and organizations;
nations, countries and other geographical names; mythological
figures; biological genera; and trademarked products.  It is also
not supposed to contain abbreviations, measurement symbols, and
acronyms. (Some of these are available in separate files; see
below).

The pronoun "I" and its contractions ("I'm", "I've") are
capitalized as usual; the other words are all in lowercase.
Besides the letters [a-zA-Z], the file uses only hyphen
apostrophe, and newline.

AUXILIARY LISTS

In the same directory as englis.words there are a few
complementary word lists, all derived from the same sources [1--8]
as the main list:

english.names

A list of common English proper names and their derivatives.
The list includes: person names ("John", "Abigail",
"Barrymore"); countries, nations, and cities ("Germany",
"Gypsies", "Moscow"); historical, biblical and mythological
figures ("Columbus", "Isaiah", "Ulysses"); important
trademarked products ("Xerox", "Teflon"); biological genera
("Aerobacter"); and some of their derivatives ("Germans",
"Xeroxed", "Newtonian").

misc.names

A list of foreign-sounding names of persons and places
("Antonio", "Albuquerque", "Balzac", "Stravinski"), extracted
from the lists [1--8].  (The distinction betweeen
"English-sounding" and "foreign-sounding" is of course rather
arbitrary).

org.names

A short lists names of corporations and other institutions
("Pepsico", "Amtrak", "Medicare"), and a few derivatives.  

The file also includes some initialisms --- acronyms and
abbreviations that are generally pronounced as words rather
than spelled out ("NASA", "UNESCO").

english.abbrs

A list of common abbreviations ("etc.", "Dr.", "Wed."),
acronyms ("A&M", "CPU", "IEEE"), and measurement symbols
("ft", "cm", "ns", "kHz").

english.trash

A list of words from the original wordlists
that I decided were either wrong or unsuitable for inclusion
in the file english.words or any of the other auxiliary 
lists. It includes

  typos ("accupy", "aquariia", "automatontons")
  spelling errors ("abcissa", "alleviater", "analagous")
  bogus derived forms ("homeown", "unfavorablies", "catched")
  uncapitalized proper names ("afghanistan", "algol", "decnet")
  uncapitalized acronyms ("apl", "ccw", "ibm")
  unpunctuated abbreviations ("amp", "approx", "etc")
  British spellings ("advertize", "archaeology")
  archaic words ("bedight")
  rare variants ("babirousa")
  unassimilated foreign words 

Re: Aspell-en license Once again.

2002-11-04 Thread Brian Nelson
Henning Makholm <[EMAIL PROTECTED]> writes:

> Scripsit Brian Nelson <[EMAIL PROTECTED]>
>
>> Ugh, please respect the MFT header because the Aspell maintainer is not
>> subscribed to d-l.
>
> Yeah. Other people complain vehemently unless I send my replies to
> debian-legal and only debian-legal. I do try my best.

As long as you always respect the MFT and MCT headers, no one should
complain.

>> Henning Makholm <[EMAIL PROTECTED]> writes:
[snip]
> Note that there is no protection on the mere idea of "the N most
> common words in English", but that description leaves an awful amount
> up to choice - each time it is implemented the result is going to be
> different with a very high probablity. When do you count something as
> a "word"? What do you recognize as legitimate alternative spellings
> and what will you reject as spelling errors. When is a word more
> common than another?  When it occurs more frequently in some text
> corpus? How do you select a corpus to begin with (*lots* of room for
> choice here). Do you recognize personal names - sometimes they would
> be likely to be spelling errors when they don't refer to the
> appropriate person?  Etc. etc. etc. For many of these problems it is
> impossible to set down fixed rules in advance - you'll have to do a
> judgement call in *many* concrete circumstances. I hold that the
> exercise of such judgement calls is a sufficiently *creative* activity
> that its result ought to receive copyright protection.

OK, then following this reasoning, the aspell-en maintainer can review
each word in the DEC word list, decide that each one is acceptable for
inclusion (maybe throw out one or two for good measure), and then
declare the new list as an original work.  He can copyright it as his
own, license it under a DFSG-free license, and then everyone is happy.

Can you do this, Kevin, and finally end this absurd discussion?

-- 
People said I was dumb, but I proved them!



Re: Aspell-en license Once again.

2002-11-04 Thread Kevin Atkinson
On Mon, 4 Nov 2002, Branden Robinson wrote:

> On Sun, Nov 03, 2002 at 11:15:36PM -0500, Kevin Atkinson wrote:

> > Thus I will repeat my argument once again.  But, this time I would like I 
> > response to the points I made and by the end of our debate I would like a 
> > definite answer on what should be done, if anything, to resolve the 
> > problem.
> 
> In a nutshell, there are two problems; one is Debian's and one might be
> yours, if Aspell-en is an official GNU project.
> 
> 1) Several European Debian Developers insist that an alphabetized list
> of English words is inherently a copyrightable thing, and/or has
> intellectual property protection under some other scheme, presumably
> designed to ensure the marketability of collections of facts or other
> databases.

The question here is not if word list or copyrightable but if
if it is OK to use aspell-en.  I specially avoided this issue in my 
argument.

> 2) As I understand it, Aspell is a GNU Project, and therefore falls
> under the aegis of the Free Software Foundation.  RMS is of the opinion
> that "word lists are copyrightable"[1], but he also says that he is just
> expression his opinion[2].
> 
> I don't know if Aspell-en is part of the Aspell project, or a discrete
> thing.  If the former, could you get an official opinion from the FSF's
> legal eagles regarding this issue?  Such an opinion would carry a lot of
> weight with Debian, even if it wouldn't be determinative.

Um, excuse me.  As a said before RMS specifically said that in the case of 
Aspell-en there was not a problem:

  I think it is safe for us to use those wordlists.  The person who
  avoided texts marked "copyright" was operating under an erroneous idea
  of how copyright law works, but if all he did with those texts was make
  word lists, this should not be a problem anyway.

> > The point is that if I did not list my sources it will be virtually
> > imposable for some one to prove in court that I violated a copyright of
> > one of the word lists used in the DEC word list.  Thus even if I did
> > violate a copyright it will virtually be unenforceable due to the very
> > indirect nature which I used the word lists.
> 
> Well, intent is important in the law, and these words would be used
> against you in the unlikely event that someone ever tried to take you to
> court for infringing the copyright on the word list.

What about Fair Use?  Even if word lists or copyrightable all counties have 
a provision of fair use and I could argue that how I used the word list 
was within the bounds of fair use.

> > Thus I will remove the DEC word list only if 1) Debian will refuse to
> > include the English word list due to questionable copyright on some of the 
> > sources that DEC uses and 2) the wenglish package is also removed from 
> > future debian distributions since it also contains the same word lost.
> > But If I remove the DEC word list I will make a note on the reason
> > why it is removed which will include a statement by me which more or less
> > states that I think Durban-legal is being completely anneal about the
> > matter.
> 
> I don't understand your last sentence; are "Debian" and "anal" not words
> in the word lists you've used to spell check your message?

Yes I do.  Both of the misspelled words are in my word list.  Is there a 
reason you felt the need to point this out.

> Anyway, please don't tar the entire Debian Project with this brush. It
> is a noisy few developers. ...

If I have to do something I do not fell is necessary I have every right 
call Debian-legal anal.  Or in other words I can and I will.  I said I 
will only take action if Debian-legal comes to some sort of 
general consensus.  Thus the actions I take will represent the will of 
Debian-legal.  Even if not every single person agrees with the outcome.

--- 
http://kevin.atkinson.dhs.org





Re: Aspell-en license Once again.

2002-11-04 Thread Henning Makholm
Scripsit Brian Nelson <[EMAIL PROTECTED]>

> It was a scenario to consider, which was completely possible.  I didn't
> suggest it would happen in this particular case.  What if the offending
> word list contained only the words "the, if, and".

Then it would be every bit as copyrightable as the following novel,
just authored seconds ago by yours truly:

   It was a dark and stormy night. Suddenly the Sun went nova and
   everyone died. THE END.

> > I wouldn't describe it as likely. The choice of words (do you add cwm?
> > bakress? ye? luculent? cromulent? boxen? virii? f**k? The spelling
> > without the astericks? I can see large debates on each of those words)
> > and the large selection mean that any two wordlists are probably going
> > to have significant differences in the set of words included.

> Don't waste time with retarded suggestions that have absolutely nothing
> to do with the issue at hand.

Those questions, and thousands og others like them, are exactly what
the issue at hand is about.

-- 
Henning Makholm   "Check the sprog."



Re: Aspell-en license Once again.

2002-11-04 Thread David Starner
On Mon, Nov 04, 2002 at 12:34:50PM -0800, Brian Nelson wrote:
> It was a scenario to consider, which was completely possible.  I didn't
> suggest it would happen in this particular case.  What if the offending
> word list contained only the words "the, if, and".  Of course those
> words would be immediately replaced.

And they didn’t occur in any other list? If that was what the list
included, then we wouldn’t be having this argument; there is no
copyright covering wordlists including “the, if, and” simply because
it’s not reasonable.

> > Identical, no. But many hackneyed or strongly genre‐bound novels do turn
> > out increadibly similar to each other. 
> 
> Word-for-word identical?  Are you on fucking crack?

Are you? I understand what “Identical, no” means. But close enough that
if you produced a work that similar to one of Harlan Ellison’s, you
would be hit by a copyright‐infringement suit before it got to your
publisher.
 
> > I wouldn’t describe it as likely. The choice of words (do you add cwm?
> > bakress? ye? luculent? cromulent? boxen? virii? f**k? The spelling
> > without the astericks? I can see large debates on each of those words)
> > and the large selection mean that any two wordlists are probably going
> > to have significant differences in the set of words included.
> 
> Don't waste time with retarded suggestions that have absolutely nothing
> to do with the issue at hand.

This is the heart of the matter. Should ‘cromulent’ be part of the
wordlist? Despite not having a well‐defined meaning, it has a
well‐defined spelling and currently common usage among a reasonably large
group of people. That’s a creative decision there. Is ‘virii’
an acceptable spelling? Is ‘bakress’?

-- 
David Starner - [EMAIL PROTECTED]
Great is the battle-god, great, and his kingdom--
A field where a thousand corpses lie. 
  -- Stephen Crane, "War is Kind"



Re: Aspell-en license Once again.

2002-11-04 Thread Henning Makholm
Scripsit Brian Nelson <[EMAIL PROTECTED]>

> Ugh, please respect the MFT header because the Aspell maintainer is not
> subscribed to d-l.

Yeah. Other people complain vehemently unless I send my replies to
debian-legal and only debian-legal. I do try my best. However, my
little flamewar with Branden is probably not of interest to the
maintainer.

> Henning Makholm <[EMAIL PROTECTED]> writes:

> > Several other people have tried to argue that a word list is not
> > necessarily unoriginal. There are thousands to words that have to be
> > judged either on the list or off the list; these thousands of
> > choices are fully as much an intellectual expressive choice as the
> > choice of which words to put in which order to form a novel.

> Alright, then consider this.  Since a word list in a dictionary has a
> questionable copyright, it must be removed from a dictionary.  Then,
> people notice some common words no longer exist in the dictionary, so
> they add them.  Eventually, every missing word will be added back to the
> dictionary, so that the end result is identical to the original.

The fallacy of this argument is the assumption that the result will be
identical to the original. It assumes that the decision whether or not
a word is "common" is objective and can be reproduced with accuracy
thousands of times. I hold that this assumption is obviously absurd,
at least as long as we're talking about a natural language.

In reality, long before (if ever) the last little arcane fringe word
from the original list was added to the free dictionary, people would
have started adding words that was *rejected* (or not thought of) for
the list that was removed in the first place. Therefore, the identity
you speak of is not going to arise in practise. The new list will be
result of an independent *creative* choice of which words it should
contain. And that is precisely the common cause of its non-identity to
the original and my insistense that it can enjoy copyright protection.

> Have you ever heard of two original novels independently written that
> were identical to each other?  No, that's inconceivable.

Yes - just as inconceivable as two independently compiled word lists
to be identical to each other.

Note that there is no protection on the mere idea of "the N most
common words in English", but that description leaves an awful amount
up to choice - each time it is implemented the result is going to be
different with a very high probablity. When do you count something as
a "word"? What do you recognize as legitimate alternative spellings
and what will you reject as spelling errors. When is a word more
common than another?  When it occurs more frequently in some text
corpus? How do you select a corpus to begin with (*lots* of room for
choice here). Do you recognize personal names - sometimes they would
be likely to be spelling errors when they don't refer to the
appropriate person?  Etc. etc. etc. For many of these problems it is
impossible to set down fixed rules in advance - you'll have to do a
judgement call in *many* concrete circumstances. I hold that the
exercise of such judgement calls is a sufficiently *creative* activity
that its result ought to receive copyright protection.

To go with the novel analogy (I'd though of formally institute a Silly
Literature Analogies subthead, but you beat me to it), there can be no
copyright on the abstract plot scheme

  A loves J and vice versa, but both are emotionally incapable of
  showing it properly. A almost marries R before everything is
  finally resolved. Meanwhile, A domesticates an orphaned puppy.

However, the way that the author fleshes out this plot certainly *is*
a creative process that entails a copyright.

Your claim that "a list of common words in X-language" will always
come out the same seems not much more likely that a claim that the
above plot summary will always turn out to be _The Mammoth Hunters_
after passing through the hands of an author.

> But it's completely conceivable for two independently compiled
> dictionaries to be identical, or very nearly so.

No, I think that's completely inconceivable, giving reasonable
assumptions of the age of the universe and the number of dictionaries
the average human produces.

In cases that it was true (say, "a list of words that appear in the
same spelling more than twice in the collected works of Shakespeare"),
I would be willing to consider the possibility that independently
compiled list could be identical. And in *that* case there would be no
copyright such a list.

-- 
Henning Makholm   "Hi! I'm an Ellen Jamesian. Do
you know what an Ellen Jamesian is?"



Re: Aspell-en license Once again.

2002-11-04 Thread Brian Nelson
What a completely useless response.  You completely missed the point of
my post.

David Starner <[EMAIL PROTECTED]> writes:

> On Mon, Nov 04, 2002 at 11:40:06AM -0800, Brian Nelson wrote:
>> Alright, then consider this.  Since a word list in a dictionary has a
>> questionable copyright, it must be removed from a dictionary.  Then,
>> people notice some common words no longer exist in the dictionary, so
>> they add them.  Eventually, every missing word will be added back to the
>> dictionary, so that the end result is identical to the original.
>
> That’s quite an assumption; I seriously doubt it. Assuming that the
> words removed were not in any of the other word lists used, then they
> weren’t all that common. And assuming that words flow in at a steady
> rate, a large number of new words will get added that weren’t in the
> original, many of the words in the original won’t get suggested at all,
> and I would expect that some of the words in the old word‐lists might
> get suggested but turned down as unsuitable.

It was a scenario to consider, which was completely possible.  I didn't
suggest it would happen in this particular case.  What if the offending
word list contained only the words "the, if, and".  Of course those
words would be immediately replaced.

>> Have you ever heard of two original novels independently written that
>> were identical to each other?  No, that's inconceivable.
>
> Identical, no. But many hackneyed or strongly genre‐bound novels do turn
> out increadibly similar to each other. 

Word-for-word identical?  Are you on fucking crack?

>> But it's
>> completely conceivable for two independently compiled dictionaries to be
>> identical, or very nearly so.
>
> I wouldn’t describe it as likely. The choice of words (do you add cwm?
> bakress? ye? luculent? cromulent? boxen? virii? f**k? The spelling
> without the astericks? I can see large debates on each of those words)
> and the large selection mean that any two wordlists are probably going
> to have significant differences in the set of words included.

Don't waste time with retarded suggestions that have absolutely nothing
to do with the issue at hand.

-- 
People said I was dumb, but I proved them!



Re: cupsys + libssl + libgnutls = confusion.

2002-11-04 Thread Jeff Licquia
On Sun, 2002-11-03 at 01:02, Andrew Lau wrote:
>   I just looked at that
> cupsys-1.1.15/config-scripts/cups-openssl.m4 and I find no mention of
> GnuTLS in there at all. Then I took at look at debian/rules and
> noticed that cupsys isn't even built with SSL or TLS enabled.
> 
> ./configure --with-optim=$(DEB_OPTFLAGS)  \   
>   --with-cups-group=lpadmin --mandir=/usr/share/man   \
>   --with-docdir=/usr/share/cups/doc-root --disable-ssl --enable-slp

SSL support was added in the 1.1.15 series, removed almost immediately
after, and re-added in 1.1.16-1 using the GNU TLS compatibility
library.  As of this moment, the SSL-using CUPS has not reached testing.

> So this leaves me with a few problems.
> 
> 1. I still don't know what steps are neccessary to convert an OpenSSL 
>program into one that uses GnuTLS for encryption.

You can look at the cupsys packages in unstable, though I should point
out that the support is still very flaky.

It's actually not that difficult.  You need to detect which SSL lib
you're using, and include different headers based on that.  Also, when
you initialize a SSL connection, OpenSSL allows you to specify that a
connection may be used for either client or server purposes, but GNU TLS
forces you to choose.  That's all I've experienced so far with it.

> 2. Until #16748 - cupsys needs a "Build-Conflicts: libssl-dev" is
>resolved, any cupsys-pt client will have no encrypted CUPS server
>in Debian to talk to.

That technically doesn't affect the presence or absence of SSL
cupsd/libcups; it's more of a safety harness for preventing inadvertent
license violations.  I have actually fixed the bug in a slightly
different way than the bug title implies.  Essentially, the configure
script can now be told to ignore installed OpenSSL libs, and
debian/rules passes that flag unless told explicitly not to.

>   From my understanding of the above two clauses, cupsys can be
> built with OpenSSL support enabled. So why is it explicitly disabled
> at the moment? Why do you call for GnuTLS support for cupsys in
> #167489?  What is the official debian-legal position on this because
> I'm really, really confused now...

Debian-legal helped hash out the CUPS license text, so the official
answer from the d-l POV is that it's legal to link OpenSSL to CUPS. 
However, this does not say anything about third-party GPLed software. 
As I understand it, Debian considers the OpenSSL and GPL licenses
incompatible, despite the rather optimistic statement from the OpenSSL
people.  Specifically, check out the clause in the OpenSSL license that
specifically mentions the GPL, as well as the old-BSD-style advertising
clause.

As an interesting side note, although the cupsys packages can be built
against OpenSSL, they are pretty much useless without the gs-esp
package, which provides the PostScript RIP used for non-PostScript
printers.  The gs-esp package is ESP's small fork of GNU GhostScript,
which is under the traditional GPL and must link against CUPS to be
useful.  It's therefore my opinion that any distribution shipping a
useful CUPS linked against OpenSSL is in a potentially interesting legal
state.  ESP has attempted to adjust to this situation, but I haven't
been keeping up in their efforts to know if they've succeeded or not, so
distributions shipping CUPS 1.1.15 or later and ESP GhostScript 7.05.5
or later might be OK.

I'd rather not get into yet another OpenSSL license discussion, so I'll
advise you to search the debian-legal archives for the last few months
for more information.



Re: Aspell-en license Once again.

2002-11-04 Thread David Starner
On Mon, Nov 04, 2002 at 11:40:06AM -0800, Brian Nelson wrote:
> Alright, then consider this.  Since a word list in a dictionary has a
> questionable copyright, it must be removed from a dictionary.  Then,
> people notice some common words no longer exist in the dictionary, so
> they add them.  Eventually, every missing word will be added back to the
> dictionary, so that the end result is identical to the original.

That’s quite an assumption; I seriously doubt it. Assuming that the
words removed were not in any of the other word lists used, then they
weren’t all that common. And assuming that words flow in at a steady
rate, a large number of new words will get added that weren’t in the
original, many of the words in the original won’t get suggested at all,
and I would expect that some of the words in the old word‐lists might
get suggested but turned down as unsuitable.

> Have you ever heard of two original novels independently written that
> were identical to each other?  No, that's inconceivable.

Identical, no. But many hackneyed or strongly genre‐bound novels do turn
out increadibly similar to each other. 

> But it's
> completely conceivable for two independently compiled dictionaries to be
> identical, or very nearly so.

I wouldn’t describe it as likely. The choice of words (do you add cwm?
bakress? ye? luculent? cromulent? boxen? virii? f**k? The spelling
without the astericks? I can see large debates on each of those words)
and the large selection mean that any two wordlists are probably going
to have significant differences in the set of words included.

-- 
David Starner - [EMAIL PROTECTED]
Great is the battle-god, great, and his kingdom--
A field where a thousand corpses lie. 
  -- Stephen Crane, "War is Kind"



Re: Aspell-en license Once again.

2002-11-04 Thread Brian Nelson
Ugh, please respect the MFT header because the Aspell maintainer is not
subscribed to d-l.

Henning Makholm <[EMAIL PROTECTED]> writes:

> Scripsit Branden Robinson <[EMAIL PROTECTED]>
>
[snip]
>> Probably.  I've tried to argue that it's impossible to plagiarize that
>> which is unoriginal,
>
> Several other people have tried to argue that a word list is not
> necessarily unoriginal. There are thousands to words that have to be
> judged either on the list or off the list; these thousands of
> choices are fully as much an intellectual expressive choice as the
> choice of which words to put in which order to form a novel.

Alright, then consider this.  Since a word list in a dictionary has a
questionable copyright, it must be removed from a dictionary.  Then,
people notice some common words no longer exist in the dictionary, so
they add them.  Eventually, every missing word will be added back to the
dictionary, so that the end result is identical to the original.

Thus, we'd have two identical dictionaries, one of which is "free" and
one of which is "non-free".  Yet, the free list did not in any way
plagiarize the non-free one.

Have you ever heard of two original novels independently written that
were identical to each other?  No, that's inconceivable.  But it's
completely conceivable for two independently compiled dictionaries to be
identical, or very nearly so.  Are those still original works?

-- 
People said I was dumb, but I proved them!



Re: License question

2002-11-04 Thread Henning Makholm
Scripsit Michael Meskes <[EMAIL PROTECTED]>

> I'm not really used to reading english language licences but I have been
> asked if JasPer (http://www.ece.uvic.ca/~mdadams/jasper/) would be able
> to make it into Debian. Since I'm sure someone of you knows much better
> than I do, is this licence free enough or isn't it?

There are a couple of "you may not sue us over patents that may be
violated in the code" clauses that look fishy but could probably be
argued around. However, this is a complete showstopper:

| F.  This software is for use only in hardware or software products
| that are compliant with ISO/IEC 15444-1 (i.e., JPEG-2000 Part 1).
| No license or right to this Software is granted for products that do
| not comply with ISO/IEC 15444-1.  The JPEG-2000 Part 1 standard can
| be purchased from the ISO.

This prevents modifying and distributing the code for experiments with
other data formats. Thus non-free.

-- 
Henning Makholm"I, madam, am the Archchancellor!
   And I happen to run this University!"



License question

2002-11-04 Thread Michael Meskes
Hi,

I'm not really used to reading english language licences but I have been
asked if JasPer (http://www.ece.uvic.ca/~mdadams/jasper/) would be able
to make it into Debian. Since I'm sure someone of you knows much better
than I do, is this licence free enough or isn't it?

Thanks.

Michael

-- 
Michael Meskes
Michael@Fam-Meskes.De
Go SF 49ers! Go Rhein Fire!
Use Debian GNU/Linux! Use PostgreSQL!



Re: Aspell-en license Once again.

2002-11-04 Thread Henning Makholm
Scripsit Branden Robinson <[EMAIL PROTECTED]>

> Probably, yes.  I have decried again and again the absurdity of some of
> our European developers' opinion (and that of RMS) when it is logically
> and consistently applied.  They apparently don't want to hear any of it.

You apparently don't want to listen to the real issues, but prefer to
argue agains your own delusions about how the argument goes.

> Anyway, please don't tar the entire Debian Project with this brush.  It
> is a noisy few developers, apparently convinced of the supremacy of
> European law over the rest of the world[1],

Man, you're way out. Some people (not all developers) point out that
the Database Directive exists. Not a word has been said about it being
"supreme" in any way. It exists. That is all. It that so har to grasp?

> Probably.  I've tried to argue that it's impossible to plagiarize that
> which is unoriginal,

Several other people have tried to argue that a word list is not
necessarily unoriginal. There are thousands to words that have to be
judged either on the list or off the list; these thousands of
choices are fully as much an intellectual expressive choice as the
choice of which words to put in which order to form a novel.

> such as the enumeration of all the possible combinations that come
> up when one tosses a pair of dice.  But my opponents in this
> argument will have none of it.

Because a word list is vastly different form a list of all the
possible combinations that come up when one tosses a pair of
dice. There is only one way to list those combinations. The number of
possible wordlists for spellchecking a particular language is
astronomical.

> Their conception of intellectual property is that you can declare
> anything you want to be your intellectual property as long as no one
> else has yet.

That is bullshit. Quit fighting strawmen, or shut up.

> They appear to have no concept of the public domain.

More BS.

-- 
Henning Makholm "Need facts -- *first*. Then
the dialysis -- the *analysis*."



Re: ldp-es_20002103-7_i386.changes REJECTED

2002-11-04 Thread Henning Makholm
Scripsit Javier Fernández-Sanguino Peña <[EMAIL PROTECTED]>
> On Mon, Nov 04, 2002 at 06:58:27PM +0100, Henning Makholm wrote:

> > | (3) Translations, adaptations, arrangements of music and other
> > | alterations of a literary or artistic work shall be protected as
> > | original works without prejudice to the copyright in the
> > | original work.

> > Notice the last nine words.

>   That's your interpretation.

What's my interpretation? It's the verbatim text of the convention.

> The "without prejudice" (in my interpretation) does not mean that
> the translation can hold and entirely different copyright from the
> original.

Yes, that's what the word "prejudice" means in English legalese.

> I already knew this. I thought you were talking about other law.
> As far as I see it it boils down to different interpretations (your's and
> mine's) on the law.

Better call it yours and the rest of the world's.

Sigh, I don't even know why I bother to explain this to you. You
obviously do not intend to listen to reason. My apologies to the list;
I'll shut up now.

-- 
Henning Makholm   "Der er ingen der sigter på slottet. D'herrer konger agter
 at triumfere fra balkonen når de har slået hinanden ihjel."



Re: ldp-es_20002103-7_i386.changes REJECTED

2002-11-04 Thread Javier Fernández-Sanguino Peña
On Mon, Nov 04, 2002 at 06:58:27PM +0100, Henning Makholm wrote:
> > Show me where the international law says so.
> 
> That has been pointed out several times: The Berne Convention (Paris
> text 1971, English version), article 2, section 3:

Yes. I did point it out.
> 
> | (3) Translations, adaptations, arrangements of music and other
> | alterations of a literary or artistic work shall be protected as
> | original works without prejudice to the copyright in the
> | original work.
> 
> Notice the last nine words.

That's your interpretation. The "without prejudice" (in my
interpretation) does not mean that the translation can hold and entirely
different copyright from the original. It means that changing 
to an altogether copyright for the translation does not change the
original's (the original author maintains his rights *on the original* not
on the translations').

 > 
> http://www.law.cornell.edu/treaties/berne/overview.html

I already knew this. I thought you were talking about other law.
As far as I see it it boils down to different interpretations (your's and
mine's) on the law.

However, as I see it, if Law X is an implementation of Law Y and
gives the rights I talked about (different copyrights between original and
translation) then either:

1.- Law Y implies the same things as Law X
2.- Law X is not proper and cannot be held in court. 

Y= Berne Convention
X= Spanish law

Being as it is, that Spanish law has been written by lawyers and
not computer geeks, I would say that 2) should be discarded and then we're
left with 1).

So, if Spanish laws permits for different copyrights then you can
imply that the Berne Convention does too. As a result your interpretation
is flawed.

Next one:-)

Javi


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Re: Aspell-en license Once again.

2002-11-04 Thread Branden Robinson
On Sun, Nov 03, 2002 at 11:15:36PM -0500, Kevin Atkinson wrote:
> Thus I will repeat my argument once again.  But, this time I would like I 
> response to the points I made and by the end of our debate I would like a 
> definite answer on what should be done, if anything, to resolve the 
> problem.

In a nutshell, there are two problems; one is Debian's and one might be
yours, if Aspell-en is an official GNU project.

1) Several European Debian Developers insist that an alphabetized list
of English words is inherently a copyrightable thing, and/or has
intellectual property protection under some other scheme, presumably
designed to ensure the marketability of collections of facts or other
databases.

2) As I understand it, Aspell is a GNU Project, and therefore falls
under the aegis of the Free Software Foundation.  RMS is of the opinion
that "word lists are copyrightable"[1], but he also says that he is just
expression his opinion[2].

I don't know if Aspell-en is part of the Aspell project, or a discrete
thing.  If the former, could you get an official opinion from the FSF's
legal eagles regarding this issue?  Such an opinion would carry a lot of
weight with Debian, even if it wouldn't be determinative.

> I also have a felling that this is how many of the Ispell/Aspell
> dictionaries are created for other languages.  So you better remove
> every single Ispell/Aspell dictionary from the Debian distribution
> because you could be violating some one else's copyright.

I mostly agree.  Where the history is unclear, we would have to do so.
The history is probably unclear for all ispell/aspell dictionaries in
Debian because people have historically labored under the common-sense
belief that alphabetized lists of common words in a language are not
subject to any sort of legal encumbrances, at least in free societies.

> The point is that if I did not list my sources it will be virtually
> imposable for some one to prove in court that I violated a copyright of
> one of the word lists used in the DEC word list.  Thus even if I did
> violate a copyright it will virtually be unenforceable due to the very
> indirect nature which I used the word lists.

Well, intent is important in the law, and these words would be used
against you in the unlikely event that someone ever tried to take you to
court for infringing the copyright on the word list.

> Also note that the DEC Word List is used in the linux.words package which
> the author claims is free of any copyright.  This word list has been used
> any many distributes including Debian's as "text/wenglish".  So if you are
> going to be anneal about Aspell word lists you should also remove this
> package.

Probably, yes.  I have decried again and again the absurdity of some of
our European developers' opinion (and that of RMS) when it is logically
and consistently applied.  They apparently don't want to hear any of it.

> Thus I will remove the DEC word list only if 1) Debian will refuse to
> include the English word list due to questionable copyright on some of the 
> sources that DEC uses and 2) the wenglish package is also removed from 
> future debian distributions since it also contains the same word lost.
> But If I remove the DEC word list I will make a note on the reason
> why it is removed which will include a statement by me which more or less
> states that I think Durban-legal is being completely anneal about the
> matter.

I don't understand your last sentence; are "Debian" and "anal" not words
in the word lists you've used to spell check your message?

Anyway, please don't tar the entire Debian Project with this brush.  It
is a noisy few developers, apparently convinced of the supremacy of
European law over the rest of the world[1], that is causing this problem.
It doesn't help that Richard Stallman happens to agree with them.

> If the DEC word list author was not so careful to list all of his sources 
> this issue would never have come up.

Probably.  I've tried to argue that it's impossible to plagiarize that
which is unoriginal, such as the enumeration of all the possible
combinations that come up when one tosses a pair of dice.  But my
opponents in this argument will have none of it.  Their conception of
intellectual property is that you can declare anything you want to be
your intellectual property as long as no one else has yet.  They appear
to have no concept of the public domain.

So, please; I share your frustration, but please don't ascribe the
asinine attitudes of a few Debian developers to the whole Project.
Please approach the FSF for their opinion on this subject.  If they
agree with the European People's Front for Propertization of Everything,
then I suppose Debian can create a "non-eu" section to complement its
"non-us" section, and European developers and users can perhaps be thus
educated that it isn't just the United States that passes bad laws.

[1] the same sort of unilaterialist hubris that George W. Bush is
rightfully accused of

-- 

Re: ldp-es_20002103-7_i386.changes REJECTED

2002-11-04 Thread Henning Makholm
Scripsit Javier Fernández-Sanguino Peña <[EMAIL PROTECTED]>
> On Fri, Nov 01, 2002 at 10:51:50AM -0800, Thomas Bushnell, BSG wrote:

> > I'm afraid you are quite wrong.  A translated work is a product of both
> > the original author and the translator, and both have an independent
> > copyright.

> Show me where the international law says so.

That has been pointed out several times: The Berne Convention (Paris
text 1971, English version), article 2, section 3:

| (3) Translations, adaptations, arrangements of music and other
| alterations of a literary or artistic work shall be protected as
| original works without prejudice to the copyright in the
| original work.

Notice the last nine words.

http://www.law.cornell.edu/treaties/berne/overview.html

-- 
Henning Makholm "Nemo enim fere saltat sobrius, nisi forte insanit."



Re: off-topic discussion about permissions and promises

2002-11-04 Thread Henning Makholm
Scripsit Edmund GRIMLEY EVANS <[EMAIL PROTECTED]>
> Henning Makholm <[EMAIL PROTECTED]>:

> > The way I read the GPL it is clearly a promise: I promise that *if*
> > you agree to my conditions about, e.g., not demanding an NDA from
> > people you distribute the code to, *then* - and not before - I will
> > give you my permission to copy.

> Yet another problem with your theory: what if the author is dead?

You're right, that's a problem. I have no answer to that right at the
moment.

-- 
Henning Makholm   "Det nytter ikke at flygte
   der er henna overalt"



debian cd-image mirrors and US export restrictions

2002-11-04 Thread nighty
Hi

for several weeks now I am dealing with the different methods of downloading 
the official cd images of the debian distribution. The hundred of  mirrors 
containing the debian packages are clearly separated into those, which are 
located in the US, and those, which are not, because of the non-us tree, they 
are containing packages from.
In contrast to the package servers, the debian cd image mirrors are not 
separated according to this circumstances. Also the ones located in the US 
are containing the non-us variant of the first iso image. I dont understand 
why the US exports regulations seems to have no influence on the distributing 
of the cd images, which contain US sensitive software packages.
If anyone has an idea on this topic, I would be gratefull for any remark.

Regards,

Harald Katzer


PS.: Please indulge my possibly bad English and spelling mistakes!



Re: ldp-es_20002103-7_i386.changes REJECTED

2002-11-04 Thread Javier Fernández-Sanguino Peña
On Fri, Nov 01, 2002 at 10:51:50AM -0800, Thomas Bushnell, BSG wrote:
> Javier Fernández-Sanguino Peña <[EMAIL PROTECTED]> writes:
> 
> > No it doesn't.
> > The original copyright applies to the original work.
> > The translation's copyright applies to the translation.
> 
> I'm afraid you are quite wrong.  A translated work is a product of both
> the original author and the translator, and both have an independent
> copyright. 

Show me where the international law says so. Spanish law abides by
international copyright laws and it does *not* say so at all. Which law
are you referring to. Please: pointers and appropiate paragraphs should be
helpful.

Regards

Javi


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Re: Aspell-en license Once again.

2002-11-04 Thread Brian Nelson
For those that haven't read the license in question, here it is:

This english word list is comes directly from SCOWL (up to level 65)
(http://wordlist.sourceforge.net/) and is thus under the same
copyright of SCOWL.

The SCOWL copyright follows:

The collective work is Copyright 2000 by Kevin Atkinson as well as any
of the copyrights mentioned below:

  Copyright 2001 by Kevin Atkinson

  Permission to use, copy, modify, distribute and sell these word
  lists, the associated scripts, the output created from the scripts,
  and its documentation for any purpose is hereby granted without fee,
  provided that the above copyright notice appears in all copies and
  that both that copyright notice and this permission notice appear in
  supporting documentation. Kevin Atkinson makes no representations
  about the suitability of this array for any purpose. It is provided
  "as is" without express or implied warranty.

Alan Beale <[EMAIL PROTECTED]> also deserves special credit as he has,
in addition to providing the 12Dicts package and being a major
contributor to the ENABLE word list, given me an incredible amount of
feedback and created a number of special lists (those found in the
Supplement) in order to help improve the overall quality of SCOWL.

The 10 level includes the 1000 most common English words (according to
the Moby (TM) Words II [MWords] package), a subset of the 1000 most
common words on the Internet (again, according to Moby Words II), and
frequently class 16 from Brian Kelk's "UK English Wordlist
with Frequency Classification".

The MWords package was explicitly placed in the public domain:

The Moby lexicon project is complete and has
been place into the public domain. Use, sell,
rework, excerpt and use in any way on any platform.

Placing this material on internal or public servers is
also encouraged. The compiler is not aware of any
export restrictions so freely distribute world-wide.

You can verify the public domain status by contacting

Grady Ward
3449 Martha Ct.
Arcata, CA  95521-4884

[EMAIL PROTECTED]
[EMAIL PROTECTED]

The "UK English Wordlist With Frequency Classification" is also in the
Public Domain:

  Date: Sat, 08 Jul 2000 20:27:21 +0100
  From: Brian Kelk <[EMAIL PROTECTED]>

  > I was wondering what the copyright status of your "UK English
  > Wordlist With Frequency Classification" word list as it seems to
  > be lacking any copyright notice.

  There were many many sources in total, but any text marked
  "copyright" was avoided. Locally-written documentation was one
  source. An earlier version of the list resided in a filespace called
  PUBLIC on the University mainframe, because it was considered public
  domain.

  Date: Tue, 11 Jul 2000 19:31:34 +0100

  > So are you saying your word list is also in the public domain?

  That is the intention.

The 20 level includes frequency classes 7-15 from Brian's word list.

The 35 level includes frequency classes 2-6 and words appearing in at
least 11 of 12 dictionaries as indicated in the 12Dicts package.  All
words from the 12Dicts package have had likely inflections added via
my inflection database.

The 12Dicts package and Supplement is in the Public Domain.

The WordNet database, which was used in the creation of the
Inflections database, is under the following copyright:

  This software and database is being provided to you, the LICENSEE,
  by Princeton University under the following license.  By obtaining,
  using and/or copying this software and database, you agree that you
  have read, understood, and will comply with these terms and
  conditions.:

  Permission to use, copy, modify and distribute this software and
  database and its documentation for any purpose and without fee or
  royalty is hereby granted, provided that you agree to comply with
  the following copyright notice and statements, including the
  disclaimer, and that the same appear on ALL copies of the software,
  database and documentation, including modifications that you make
  for internal use or for distribution.

  WordNet 1.6 Copyright 1997 by Princeton University.  All rights
  reserved.

  THIS SOFTWARE AND DATABASE IS PROVIDED "AS IS" AND PRINCETON
  UNIVERSITY MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR
  IMPLIED.  BY WAY OF EXAMPLE, BUT NOT LIMITATION, PRINCETON
  UNIVERSITY MAKES NO REPRESENTATIONS OR WARRANTIES OF MERCHANT-
  ABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR THAT THE USE OF THE
  LICENSED SOFTWARE, DATABASE OR DOCUMENTATION WILL NOT INFRINGE ANY
  THIRD PARTY PATENTS, COPYRIGHTS, TRADEMARKS OR OTHER RIGHTS.

  The name of Princeton University or Princeton may not be used in
  advertising or publicity pertaining to distribution of the software
  and/or database.  Title to copyright in this software, database and
  any associated documentation shall at all times remain with
  Princeton University and LICENSEE agrees to preserve same.

The 50 level includes Brian's frequency cl