Re: Proposed statement wrt GNU FDL

2003-04-26 Thread Glenn Maynard
On Sat, Apr 26, 2003 at 12:33:21PM +1000, Matthew Palmer wrote:
 RFC authors do it all the time, by issuing updates to existing RFC
 documents.  They say Do it like this, except for this, this, and this.

This argument would suggest that any unmodifiable, freely-distributable
document is free.  You can reference *any* document in this way. It's
certainly not similar to software patches.  (And I believe many people on
this list consider the patches exception to have been an error.)

There's nothing free about being forced to do this.

-- 
Glenn Maynard



Re: Proposed statement wrt GNU FDL

2003-04-26 Thread Steve Langasek
On Fri, Apr 25, 2003 at 10:49:26PM +0200, Thomas Uwe Gruettmueller wrote:

  There's lots of software in non-free that is freely
  distributable, but non-free for other reasons, such as
  limitations on commercial use.  Non- free things should go in
  non-free, even if there's a lack of free equivalents.

 I agree that they should not stay in main, but I don't think 
 that freely distributable documents should be mixed with stuff 
 which is not allowed to be distributed commercially, or which 
 according to its license, cannot be exported to Iraq. 

Why should Debian distinguish between different shades of non-freeness?
Are you aware that there is much software already in non-free which is
freely redistributable but non-modifiable?

-- 
Steve Langasek
postmodern programmer


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Re: Proposed statement wrt GNU FDL

2003-04-26 Thread Anthony DeRobertis

 What About Unmodifiable Software Licenses Like the GNU GPL?

Strike that text! It's not true. Noting
http://www.gnu.org/licenses/gpl-faq.html#ModifyGPL, let me try:


 start new answer 

The Free Software Foundation clarifies what it means by ...but changing
[the GPL] is not allowed in its GPL FAQ at
http://www.gnu.org/licenses/gpl-faq.html#ModifyGPL. In brief, this
says that you may change the GPL provided that:

1) You remove the FSF's endorsement of the license which
   is the preamble. The Debian Project has no problem with
   this; it is certainly an author's right to refuse to
   endorse arbitrary changes.

2) You do not call the license GPL and make it clear that it
   isn't the GPL. We understand that certain types of software,
   require this, and thus our DFSG explicitly permits this,
   stating The license may require derived works to carry a
   different name or version number from the original software.

So, the full terms that the GPL is distributed under, as explained on
the FSF website, actually comply with the DFSG.

 end new answer 


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Re: Proposed statement wrt GNU FDL

2003-04-26 Thread Anthony DeRobertis
On Fri, 2003-04-25 at 11:26, Jeremy Hankins wrote:

 On one hand, the
 benefits to be gained from a free-software-like approach to purely
 artistic/aesthetic (i.e., non-functional) works aren't as obvious.

A rather ironic statement in a Bazaar-type development of the wording of
a position statement, methinks :-)

Also, I must strongly disagree in general. Take artwork for example.
Suppose you create a (digital) painting of a flower, and you make it
red. I decide that orange would be better, so I change it. Maybe aj
comes along and thinks the leaf would look better if it were a little
rounder. 

Or, more pertinently to Debian, I think the icon for a program is ugly,
so I change it. Or I dislike a theme author's choice of fonts, colors,
etc. These are, as much as anything can be, purely aesthetic
considerations, and yet, clearly benefit from being free.

Art also often includes other art into itself. For example, I've got a
neat desktop background which uses the Debian Swirl.

Novels may not benefit much from word-for-word copying from each other,
but copying things like characters, scenes, etc. could sure be useful.
You don't see it much because it's against copyright law. The ones that
are seen are parodies, and are only allowed due to fair use. And they
have to fight it out in court half the time anyway (recent example: _The
Wind Done Gone_)

Many movies have been made from fairy tales, fables, and legends that
are, free due to their public-domain status (go ask Disney about that
hypocracy). Many pieces of music borrow themes, or even the entire tune,
from other, now public-domain music.

I'm not sure where the myth that the benefits of freedom are less for
non-software comes from, but it sure isn't true. 



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Re: Bug#189164: libdbd-mysql-perl uses GPL lib, may be used by GPL-incompatible apps

2003-04-26 Thread Steve Langasek
On Sun, Apr 20, 2003 at 08:02:45PM -0400, Anthony DeRobertis wrote:

  My question is, how is a package that depends on DBD::mysql materially
  different from a compiled program that links dynamically against
  libmysqlclient?

 A ''derivative work'' is a work based upon one or more
 preexisting works, such as a translation, musical
 arrangement, dramatization, fictionalization, motion
 picture version, sound recording, art reproduction,
 abridgment, condensation, or any other form in which
 a work may be recast, transformed, or adapted. A work
 consisting of editorial revisions, annotations,
 elaborations, or other modifications which, as a whole,
 represent an original work of authorship, is a
 ''derivative work''. (Title 17 USC, Sec. 101)

 I can see how it can be argued that dynamic linking is creating a
 derivative work, because it actually involves copying _very small_
 amounts of the library into the executable. I'm not sure if I agree with
 that; but let's assume it true for a moment.

I am not arguing that dynamic linking creates a derivative work, and I'm
not sure the FSF is, either.  I *am* arguing that it is within the
purview of the GPL to impose restrictions on redistribution of dependent
works whether or not these are derivative works; and the FSF's GPL FAQ
asserts that they are doing so.

 If you think that is a creation of a derivative work (and thus violates
 the GPL), then I have a much bigger GPL violation for you to worry
 about. It's with an interpreter known as bash. Many bash scripts
 rely on functionality provided by bash modules such as grep, gawk,
 and even tar. Why is this OK, if the DBI/DBD stuff isn't? The
 mechanisms are different; the effect is the same.

Are you certain that a copyright holder who subscribed to this
interpretation would *not* have legal standing to sue someone for
bundling their GPLed 'mygrep' with a proprietary script that invokes it?

There are two differences, however.  First, we know of no copyright
holders who assert such a requirement in the case of shell scripting
interfaces; whereas in the case of GPL modules that are loaded into
memory by interpreters, there is at least one prominent copyright holder
who asserts this requirement.  Second, in the case of shell utilities, it
is the original authors who have exposed a certain interface (the exec()
interface) for use by the system; whereas in the case of a Perl module,
the wrapper that provides the interface used by Perl scripts may be
written by a third party (as is the case with DBD::mysql), and its
existence cannot be construed as an implicit endorsement on the part of
the authors of the original library.

The truth is that much of this is very fuzzy; but there are some reasons
to believe we are acting in good faith when we use GPL shell utilities
from GPL-incompatible scripts, and there are also some reasons (such as
the statements in the GPL FAQ) to believe this argument would not hold
up as well when the GPL lib is incorporated into an extension to an
interpreted language.

Regards,
-- 
Steve Langasek
postmodern programmer


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Re: Is documentation different from software [Re: Proposed statement wrt GNU FDL]

2003-04-26 Thread Anthony DeRobertis
On Fri, 2003-04-25 at 22:27, Matthew Palmer wrote:

 Except that it's typically a lot easier to work out where a program has been
 incompatibly modified (oops, compile error, damn, the API changed) than a
 standard has been modified.  The use of 'diff' notwithstanding.

Well, when you modify a program enough to cause a compile error, sure
it's easy to spot. It's also easy to spot when someone modifies a
standard by renaming all the sections and changing the terminology.

If you really think that its a lot easier to note where a program has
been incompatibly modified, please find all the places where NCSA Mosiac
has been incompatibly (with the relevant standards) been modified to
produce Internet Exploder. Or, if you content that source must be
available, please confirm that GCC-3.2 - GCC-3.3 won't cause any
regressions in compatibility with the C++ standard, the various
microprocessor standards, etc. The FSF, I'm sure, will be most grateful
for that work.

It's not easy to find program modifications that don't show up as
compile- or link-time errors, even with the use of diff. Programs can be
quite long, and often changes don't change behavior (e.g.,
optimizations). An even larger subset of changes don't break
compatibility.


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Re: Proposed statement wrt GNU FDL

2003-04-26 Thread Anthony DeRobertis
On Fri, 2003-04-25 at 22:33, Matthew Palmer wrote:

 RFC authors do it all the time, by issuing updates to existing RFC
 documents.  They say Do it like this, except for this, this, and this.

No, that's generally only done for tiny changes: Adding a bit here or
there, etc.

For large changes, the old document is obsoleted and the relevant
portions included into the new one. Any other way would be insane!
Consider that to understand the IPv6 Addressing Architecture, you'd have
to read, in order:
   RFC 1884 (December 1995)
   RFC 2373 (July 1998)
   RFC 3515 (August 2003)

An RFC can either obsolete another RFC (completely replace it) or update
it.


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Re: Proposed statement wrt GNU FDL

2003-04-26 Thread Anthony DeRobertis
On Thu, 2003-04-24 at 12:34, Henning Makholm wrote:
  Of course both of these limits are
  judgement calls, and each particular Invariant-But-Removable
  section will have to be considered on a case-by-case basis.
  [Hmmm.. so I think at least, but I'm not sure that this is
  a clear d-l consensus. -HM]

I don't think invariant-but-removable sections are OK; we'd certainly
never accept things like that anywhere else, and I don't think that
compromise would buy anyone much:

   If I am the author of a work, why would I want it? The only
   reason I'd have to make something invariant would be
   something like the manifesto, which contains my beliefs,
   arguments, etc. But would it not be a better solution to
   require that if its changed, it is clearly changed to show
   may not represent my views anymore?

   If I am the author, I could _possibly_ use one for an
   endorsement of the work, by e.g., making a statement in a
   removable invariant section that I endorse the work with a given
   MD5sum (calculated assuming the listed md5sum is all 0's, of
   course), but upon further reflection I don't need an invariant
   section for that: I could use gpg, or I could just include that
   statement anywhere in the document. Changing it to state I
   endorse a document I do not is already illegal. I don't need
   license conditions to make it so.

   If I am a distributor, sure, I can rip them all out, but not
   having them in the first place is better for me.

I can see the motivation for non-removable invariant sections; they can
be used for things like credits, dedications, odes to my pet anteater,
etc. They just aren't free.


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Re: Bug#189164: libdbd-mysql-perl uses GPL lib, may be used by GPL-incompatible apps

2003-04-26 Thread Anthony DeRobertis
On Sat, 2003-04-26 at 01:17, Steve Langasek wrote:

 I am not arguing that dynamic linking creates a derivative work, and I'm
 not sure the FSF is, either.  I *am* arguing that it is within the
 purview of the GPL to impose restrictions on redistribution of dependent
 works whether or not these are derivative works; and the FSF's GPL FAQ
 asserts that they are doing so.

Considering DFSG 1, I _sincerely_ hope they are not doing that!

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.

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.

So, unless the program is a derivative work, it doesn't fall under the
GPL's requirements. Any license that claimed otherwise would, I think,
fail DFSG 1.

 Are you certain that a copyright holder who subscribed to this
 interpretation would *not* have legal standing to sue someone for
 bundling their GPLed 'mygrep' with a proprietary script that invokes it?

A copyright holder has legal standing to sue anyone he damn well
pleases. IANAL, but I think said suit would be lost. The point is, of
course, that we have _hundreds_ of scripts like this, and we seem to (by
inaction, at least) judge that OK.

 
 There are two differences, however.  First, we know of no copyright
 holders who assert such a requirement in the case of shell scripting
 interfaces; whereas in the case of GPL modules that are loaded into
 memory by interpreters, there is at least one prominent copyright holder
 who asserts this requirement.

Sure. This does lessen lawsuit risk, but the point is anyone could get
ticked off and decide to suddenly try and enforce that. If it's illegal,
we shouldn't be doing it --- whether someone currently complains or not.

 Second, in the case of shell utilities, it
 is the original authors who have exposed a certain interface (the exec()
 interface) for use by the system; whereas in the case of a Perl module,

Hold on a sec. It's pretty clear that the authors of libmysqlclient have
exposed a certain interface (the C API) for use by other programs on the
system. The perl module is just using that documented, public interface.


 The truth is that much of this is very fuzzy; but there are some reasons
 to believe we are acting in good faith when we use GPL shell utilities
 from GPL-incompatible scripts, and there are also some reasons (such as
 the statements in the GPL FAQ) to believe this argument would not hold
 up as well when the GPL lib is incorporated into an extension to an
 interpreted language.

What, actually, is the difference? That the kernel happens to load
libraries into the same address space as programs, but separate programs
have separate address space? Does that mean that using those shell
scripts on Mac OS before 10 would be illegal because all processes share
one address space? Or that shared memory is a problem? Would that be any
different than shared disk space, in light of mmap?

Why does bash's or dpkg's use of execve(2) for a shell script form a
magic copyright barrier, while Perl's use of AutoLoader does not?


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Re: Proposed statement wrt GNU FDL

2003-04-26 Thread Glenn Maynard
On Sat, Apr 26, 2003 at 02:40:29AM -0400, Anthony DeRobertis wrote:
  It still contains an invariant section, though it's less severe than the
  GFDL type, as it can be removed.  I don't believe there's consensus that
  invariant sections in general are okay as long as they can be removed,
  though.
 
 It's nothing special created by the copyright license. Its the general
 rule that you aren't allowed to misrepresent other's beliefs, which is
 what carrying the Preamble to your modified license (especially the
 first two paragraphs), without the FSF's permission, would be.

I can change most of that text all I want, and as long as I don't claim the
resulting text is the FSF's beliefs, I'm not misrepresenting anything.
The only thing stopping me from doing that is the FSF's copyright.

-- 
Glenn Maynard



LPPL and non-discrimination

2003-04-26 Thread Jonathan Fine

As I am new to this discussion, first here are some words
about myself and my understanding of the situation.

I'm a longstanding user of TeX, and author of TeX macros.
Some years ago I did a small amount of volunteer work
for the LaTeX-3 project.  My current interests include
XML-front ends, and TeX as a callable function.

Debian wish to ensure that users of open-source software
can if they wish modify, develop and redistribute this
software.  A worthy aim.

The LaTeX team wish to ensure that running a command such
as
tex \latex myfile.tex
gives essentially identical results on all computers,
provided myfile.tex is unchanged.  Again, a worthy aim.

This discussion is devoted to formulating a license that
meets both the Debian and LaTeX aims.


Now to the problem.  Debian guideline 5 states The
license must not discriminate against any person or
group of persons.

The proposed LaTeX license defines the Current Maintainer.
The license grants these person(s) privileges that are
not granted to other licensees.

Although the motive is the worthy one of protecting the
integrity of LaTeX, as above, this part of the proposed
license is not in my opinion consistent with the
non-discrimination guideline.


I am confident that the LaTeX and Debian aims are
consistent.  I am also confident that this discussion
has sufficient wisdom and good-will to find a solution
to the problem.


Jonathan Fine
Cambridge, UK




Re: Legal questions about some GNU Emacs files

2003-04-26 Thread Dylan Thurston
On Sat, Apr 26, 2003 at 08:08:01PM +0200, J?r?me Marant wrote:
 
 Hi,
 
 According to Dylan Thurston (see #154043), some files shipped
 with GNU Emacs could be considered as non-free.
 
 One of them is /usr/share/emacs/21.3/etc/LINUX-GNU.
 
 The problem seem to come from the footer which mentions:
 
   Copyright 1996 Richard Stallman
   Verbatim copying and redistribution is permitted
   without royalty as long as this notice is preserved.
 
 Also in /usr/share/emacs/21.3/etc/WHY-FREE
 
   Copyright 1994 Richard Stallman
   Verbatim copying and redistribution is permitted
   without royalty as long as this notice is preserved;
   alteration is not permitted.
 
 
 What do you people think of this?

Just one more comment: the versions of both of these two essays
available on gnu.org (at http://www.gnu.org/gnu/linux-and-gnu.html and
http://www.gnu.org/philosophy/why-free.html) have a slightly different
license:

  Verbatim copying and distribution of this entire article is
  permitted in any medium, provided this notice is preserved.

Notably, without royalty is missing.

Peace,
Dylan


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Re: LPPL and non-discrimination

2003-04-26 Thread Henning Makholm
Scripsit Jonathan Fine [EMAIL PROTECTED]

 Now to the problem.  Debian guideline 5 states The
 license must not discriminate against any person or
 group of persons.
 
 The proposed LaTeX license defines the Current Maintainer.
 The license grants these person(s) privileges that are
 not granted to other licensees.

We have a clear tradition on d-l that the non-discrimination guidline
only means that there must be some free terms that apply to everyone.
It is not a problem of specific groups receive *more* freedom than the
norm, as long as everyone has the freedoms described by the DFSG. It
would be absurd to consider one license less free than another solely
because it gives more rights to a specific group.

Now, if the license requires me, if I modify the software, to give
those same extra rights to the specific group, we might have a
problem. But as far as I understand, this is not the case for the LPPL
draft - the last version I read in detail included explicit clauses
that allow me to use a narrower license for my modified version.

-- 
Henning MakholmWhat a hideous colour khaki is.



Re: Legal questions about some GNU Emacs files

2003-04-26 Thread Jérôme Marant
Henning Makholm [EMAIL PROTECTED] writes:


 But you're right that none of the notices you quote describe DFSG-free
 licensing terms. Feel free to join the ongoing quasiflamewar in the
 LGPL thread about the degree to which we care about that in the case
 of Stallman's essays.

If you think so, we're going to have a hard time dealing with this
then.

-- 
Jérôme Marant

http://marant.org



Re: Proposed statement wrt GNU FDL

2003-04-26 Thread Glenn Maynard
On Sat, Apr 26, 2003 at 11:50:45PM +0200, Thomas Uwe Gruettmueller wrote:
  Are you aware that there is much software
  already in non-free which is freely redistributable but
  non-modifiable?
 
 Then leave it there until someone starts complaining about it.

(and then continue leaving it there)

-- 
Glenn Maynard