Re: MPlayer DFSG compatibility status

2003-10-08 Thread Thomas Bushnell, BSG
Don Armstrong [EMAIL PROTECTED] writes:

 On Tue, 07 Oct 2003, Thomas Bushnell, BSG wrote:
  Don Armstrong [EMAIL PROTECTED] writes:
  Now, 287(a)[2] limits the damages that can be assessed against an
  un-notified infringer, but doesn't change the illegality of the
  infringing.
  
  So what?  We have an existing policy.
 
 You've lost me here. I have no clue what our policy has to do with the
 legality/illegality of patent infringing...

It was already explained.  Unless we have a particular reason to fear
an enforcement action, we don't fret about patents.  We know many many
companies (IBM, for example) that have large war-chests of software
patents, but say they won't enforce them against anyone who doesn't
try to enforce one on them.  This is the unofficial policy of many
more patent holders.

So our policy is to not fret at all unless we have real reason to
worry.

Thomas



Re: MPlayer DFSG compatibility status

2003-10-08 Thread Don Armstrong
On Tue, 07 Oct 2003, Thomas Bushnell, BSG wrote:
 So our policy is to not fret at all unless we have real reason to
 worry.

Oh sure, but that's unrelated to the legality/illegality of infringing
a patent which was what I was discussing.


Don Armstrong

-- 
I'd sign up in a hot second for any cellular company whose motto was:
We're less horrible than a root canal with a cold chisel.
-- Cory Doctorow

http://www.donarmstrong.com
http://www.anylevel.com
http://rzlab.ucr.edu


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Re: Japanese font license problem

2003-10-08 Thread Tomohiro KUBOTA
Hi,

(I don't subscribe debian-legal.  I just read the thread via
http://lists.debian.org/ web interface.)

 Are these all bitmap fonts, then?

No, the list includes outline fonts.  These outline fonts adopt
TYPEBANK font as a starting point of desigining.

---
Tomohiro KUBOTA [EMAIL PROTECTED]
http://www.debian.or.jp/~kubota/



Re: Is the OSL DFSG free?

2003-10-08 Thread Martin Michlmayr - Debian Project Leader
Has anyone tried talking to the author of OSL in order to get the
license changed?

-- 
Martin Michlmayr
[EMAIL PROTECTED]



Re: MPlayer DFSG compatibility status

2003-10-08 Thread Josselin Mouette
Le mer 08/10/2003 à 00:39, Gabucino a écrit :
 We don't want to receive the endless flow of mails asking about why the
 newest, apt-get'ed MPlayer doesn't play ASF/WMV files (a very significant
 part of the streaming media on the Internet).

If we don't want to include this support, this is not your problem. E.g.
xine in Debian has WMV9 support stripped off, and there would be no
reason for mplayer to include it if there are legal issues with it.

 Debian actually forgets the legal issues in the case of xine (please don't
 argue, a year has passed since this argument of mine was raised first, and no
 effect to this very day), so *please* don't come with this line.

Another issue is that the xine authors have always been cooperative
instead of ranting about this and that.

Anyway, after all successive problems we encountered with mplayer, the
maintainer will have a hard time convincing the ftpmasters that his
package is 100 % free software, and free of patent issues. You can call
this discrimination, I will call this careful attention towards some
people who already proved to be incompetent regarding legal issues.
-- 
 .''`.   Josselin Mouette/\./\
: :' :   [EMAIL PROTECTED]
`. `'[EMAIL PROTECTED]
  `-  Debian GNU/Linux -- The power of freedom


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Re: MPlayer DFSG compatibility status

2003-10-08 Thread Gabucino
Josselin Mouette wrote:
 If we don't want to include this support, this is not your problem. E.g.
 xine in Debian has WMV9 support stripped off, and there would be no
 reason for mplayer to include it if there are legal issues with it.
lol. Why is it stripped? It's done with the binary DLL.


 Another issue is that the xine authors have always been cooperative
 instead of ranting about this and that.
Of course, if they are the favored side.


 maintainer will have a hard time convincing the ftpmasters that his
 package is 100 % free software, and free of patent issues.
What about innocent until guilty ? Show me the nonfree part of MPlayer.

-- 
Gabucino
MPlayer Core Team


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Re: MPlayer DFSG compatibility status

2003-10-08 Thread Edmund GRIMLEY EVANS
Josselin Mouette [EMAIL PROTECTED]:

  We don't want to receive the endless flow of mails asking about why the
  newest, apt-get'ed MPlayer doesn't play ASF/WMV files (a very significant
  part of the streaming media on the Internet).
 
 If we don't want to include this support, this is not your problem. E.g.
 xine in Debian has WMV9 support stripped off, and there would be no
 reason for mplayer to include it if there are legal issues with it.

Should this perhaps be mentioned in the package description?

In http://packages.debian.org/unstable/graphics/xine-ui.html there is
no mention of WMV, but there is a link to http://xine.sf.net/ for a
more complete list of supported audio/video formats, and
http://xine.sf.net/ says that xine decodes WMV.

I'm not saying you should write Don't bother getting this crippled
Debian package; get the upstream source instead, but I think it's
only fair to tell people if functionality has been stripped off.

You could include a link to freepatents.org by way of explanation.



Re: MPlayer DFSG compatibility status

2003-10-08 Thread Mathieu Roy
Josselin Mouette [EMAIL PROTECTED] a tapoté :

 Le mer 08/10/2003 à 00:39, Gabucino a écrit :
  We don't want to receive the endless flow of mails asking about why the
  newest, apt-get'ed MPlayer doesn't play ASF/WMV files (a very significant
  part of the streaming media on the Internet).
 
 If we don't want to include this support, this is not your problem. E.g.
 xine in Debian has WMV9 support stripped off, and there would be no
 reason for mplayer to include it if there are legal issues with it.
 
  Debian actually forgets the legal issues in the case of xine (please don't
  argue, a year has passed since this argument of mine was raised first, and 
  no
  effect to this very day), so *please* don't come with this line.
 
 Another issue is that the xine authors have always been cooperative
 instead of ranting about this and that.
 
 Anyway, after all successive problems we encountered with mplayer, the
 maintainer will have a hard time convincing the ftpmasters that his
 package is 100 % free software, and free of patent issues. You can call
 this discrimination, I will call this careful attention towards some
 people who already proved to be incompetent regarding legal issues.

While I completely agree with the rest of this message, there is no
reason to threat mplayer in a very special way: if no one can give a
reason to reject mplayer, there is no reason to reject mplayer, like
any other project. While mplayer must be checked carefully, if mplayer
is currently DFSG-compliant, it should not be complicated to convince
ftpmaster to let Debian users having mplayer.

The historical account of the mplayer team should not cause rejection
of mplayer.

Regards,

-- 
Mathieu Roy
 
  Homepage:
http://yeupou.coleumes.org
  Not a native english speaker: 
http://stock.coleumes.org/doc.php?i=/misc-files/flawed-english



Re: MPlayer DFSG compatibility status

2003-10-08 Thread Josselin Mouette
Le mer 08/10/2003 à 10:35, Edmund GRIMLEY EVANS a écrit :
  If we don't want to include this support, this is not your problem. E.g.
  xine in Debian has WMV9 support stripped off, and there would be no
  reason for mplayer to include it if there are legal issues with it.
 
 Should this perhaps be mentioned in the package description?
 
 In http://packages.debian.org/unstable/graphics/xine-ui.html there is
 no mention of WMV, but there is a link to http://xine.sf.net/ for a
 more complete list of supported audio/video formats, and
 http://xine.sf.net/ says that xine decodes WMV.

It does decode WMV8.
As Gabucino mentioned, it can also decode WMV9 using the win32 DLL's,
but distributing them is presumably illegal, so this is only a solution
for those who have a copy of some Windows version on their computer.
-- 
 .''`.   Josselin Mouette/\./\
: :' :   [EMAIL PROTECTED]
`. `'[EMAIL PROTECTED]
  `-  Debian GNU/Linux -- The power of freedom


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Re: MPlayer DFSG compatibility status

2003-10-08 Thread Wouter Verhelst
Op wo 08-10-2003, om 02:53 schreef Brian T. Sniffen:
 Gabucino [EMAIL PROTECTED] writes:
 
  Glenn Maynard wrote:
  One version of VirtualDub could read ASF files, and that was quickly 
  removed.
  That was back in 2000, and I just checked: the news entries appear to have
  fallen off the site.
  There is a significant part to these patent enforcement stories: they all
  happen on Win32 platform. Microsoft has never enforced media patents on 
  Linux
  market, as far as I know.
 
 That's irrelevant if they actually own the patent: the goal is not to
 avoid getting sued, it's to avoid breaking the law.

In theory, yes. However, in practice, when dealing with patents, I
suggest you do pursue just that 'not getting sued' goal; since literally
everything computer-related is patented, there's no other way.

 If you've found a violation of the DFSG in xine, please file a serious
 bug against xine-ui or libxine1, as appropriate.

The violation wouldn't be DFSG-related (the DFSG doesn't say anything
about patents, only about licenses).

-- 
Wouter Verhelst
Debian GNU/Linux -- http://www.debian.org
Nederlandstalige Linux-documentatie -- http://nl.linux.org
If you're running Microsoft Windows, either scan your computer on
viruses, or stop wasting my bandwith and remove me from your
addressbook. *now*.



Re: License requirements for DSP binaries?

2003-10-08 Thread Brian Ristuccia
On Mon, Sep 22, 2003 at 08:47:26AM +0200, Thomas Hood wrote:
 No source code is provided for the DSP binaries.  (N.B., past
 discussions of this issue have reached the conclusion that such
 software can nevertheless be distributed in main.)
 

You're talking about the files in mwavem-1.0.4/src/dsp, right?

Interestingly enough, those files are in RIFF format. It's a structured
multimedia container format. Embedded somewhere in the header of v90.dsp is
the string MICROCODE SOURCE MATERIALS.  MWAVE MICROCODE.  (C) COPYRIGHT IBM
CORP. 1997.  ALL RIGHTS RESERVED. It also looks like there's full symbols.

Perhaps these files are the source code, when opened with some proprietary
dsp firmware editor we don't have?

Has anyone asked IBM yet?

-- 
Brian Ristuccia
[EMAIL PROTECTED]
[EMAIL PROTECTED]



Re: MPlayer DFSG compatibility status

2003-10-08 Thread Dylan Thurston
On 2003-10-08, Glenn Maynard [EMAIL PROTECTED] wrote:
 I think the only interesting question is whether a phone call from a
 non-legal Microsoft employee is enough for Debian to count the patent
 as enforced.

Alternatively, does anyone think there's a chance Microsoft would be
willing to state they would not enforce the patent against us?  I
believe they want this format to be more widely used, no?

What if Microsoft publically states that they would enforce the patent
against Windows players, but not against Linux players?

Peace,
Dylan



Re: Japanese font license problem

2003-10-08 Thread Fedor Zuev
On Tue, 7 Oct 2003, Andrew Suffield wrote:

On Tue, Oct 07, 2003 at 10:59:22AM +0900, Kenshi Muto wrote:
 As a result of KANOU's investigation, LABO123 32-dot font is same as the
 bitmap font (TYPEBANK Mincho M) that was developed by TYPEBANK Co.,

Are these all bitmap fonts, then?

In some countries (notably the US), copyright does not subsist in
bitmap fonts. Anybody know if they are in Japan, and if so, is that
honoured in the rest of the world?

IMHO, this is irrelevant here. Legally, copyright on the
fonts exists in a very few countries at all (AFAIK in the UK,
Germany and Sweden).  But the font foundries well known as
aggressive defenders and enforcers of their (mostly
legally-nonexistent) intellectual prioperty rights.

In this case, it is very unlikely that TYPEBANK Co. will win
a lawsuit in any country. After all, similarity is not implies
derivative work.  But it is very likely that they will threaten,
harass and terrorize everyyone who will ever touch their
intellectual property.

So, it is not question of law - it is a question of safety.




Re: Japanese font license problem

2003-10-08 Thread Dylan Thurston
On 2003-10-08, Fedor Zuev [EMAIL PROTECTED] wrote:
   In this case, it is very unlikely that TYPEBANK Co. will win
 a lawsuit in any country. After all, similarity is not implies
 derivative work.  But it is very likely that they will threaten,
 harass and terrorize everyyone who will ever touch their
 intellectual property.

If I understood the original post correctly, TYPEBANK's font was
copied without changes by one group (the LABO123 font), and then
modified by two later groups who mistakenly thought the font was
available under a free license.  So it seems likely that TYPEBANK
would win a suit in a country in which fonts are copyrightable, since
there's a clear chain of derived works (although IANAL).

Peace,
Dylan



Re: MPlayer DFSG compatibility status

2003-10-08 Thread Thomas Bushnell, BSG
Don Armstrong [EMAIL PROTECTED] writes:

 On Tue, 07 Oct 2003, Thomas Bushnell, BSG wrote:
  So our policy is to not fret at all unless we have real reason to
  worry.
 
 Oh sure, but that's unrelated to the legality/illegality of infringing
 a patent which was what I was discussing.

It's also an overstatement to say that any legal patent violation is
illegal.  First, it's important to distinguish crimes and civil
violations.

But beyond that, it's also important to know that a consented-to
violation, even implicitly consented-to, is not illegal.



Re: License requirements for DSP binaries?

2003-10-08 Thread Thomas Hood
On Wed, 2003-10-08 at 16:03, Brian Ristuccia wrote:
 You're talking about the files in mwavem-1.0.4/src/dsp, right?

Yes.

 Interestingly enough, those files are in RIFF format. It's a structured
 multimedia container format.

Interesting.

  Embedded somewhere in the header of v90.dsp is
 the string MICROCODE SOURCE MATERIALS.  MWAVE MICROCODE.  (C) COPYRIGHT IBM
 CORP. 1997.  ALL RIGHTS RESERVED. It also looks like there's full symbols.
 
 Perhaps these files are the source code, when opened with some proprietary
 dsp firmware editor we don't have?

Possibly; but I suspect that these files contain binaries, not
source code.

 Has anyone asked IBM yet?

I wrote once got no reply.  I have just written again to
the guys who ported the driver to Linux.

-- 
Thomas Hood [EMAIL PROTECTED]



Re: MPlayer DFSG compatibility status

2003-10-08 Thread Gabucino
Josselin Mouette wrote:
 As Gabucino mentioned, it can also decode WMV9 using the win32 DLL's,
 but distributing them is presumably illegal, so this is only a solution
 for those who have a copy of some Windows version on their computer.
Then let's make it clear.
 - is xine's win32dll loader modified to deny loading WMV9 dlls
or
 - just DLLs aren't distributed

-- 
Gabucino
MPlayer Core Team


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Re: MPlayer DFSG compatibility status

2003-10-08 Thread Glenn Maynard
On Wed, Oct 08, 2003 at 11:36:23AM +0200, Wouter Verhelst wrote:
 The violation wouldn't be DFSG-related (the DFSG doesn't say anything
 about patents, only about licenses).

License is relevant to both patents and copyrights.  If software is
affected by an enforced patent, and a license to that patent is not
granted, the work is non-free.

More importantly, the DFSG talks about required freedoms.  If freedoms
for a work are actively being restricted by eg. trademark or patent law,
then the work is just as non-free as if they were restricted by copyright.
For example, if the Official Use Logo was placed under a permissive
copyright license, but maintained strict restrictions under trademark
law, then the freedoms required by the DFSG are not available--it would
still not be DFSG-free.

Using laws other than copyright to restrict freedom is not a loophole to
main.

--
Glenn Maynard



Re: MPlayer DFSG compatibility status

2003-10-08 Thread Don Armstrong
On Wed, 08 Oct 2003, Gabucino wrote:
 Then let's make it clear.
  - is xine's win32dll loader modified to deny loading WMV9 dlls
 or
  - just DLLs aren't distributed

Since MS doesn't appear to be suing anyone nowdays[1] for patent
violations while causing DLLs to be loaded, we've never had a problem
with programs that load them. (wine, FE, does this.)

However, since they're generally not free software, nor (for the most
part) are the even legal to (re-)distribute, we don't distribute them
in Debian. (I'd strongly recommend that mplayer take a strong look at
the DLL licenses if mplayer is distributing them.)


Don Armstrong
1: If they ever were in the past...
-- 
Debian's not really about the users or the software at all. It's a
large flame-generating engine that the cabal uses to heat their coffee
 -- Andrew Suffield (#debian-devel Fri, 14 Feb 2003 14:34 -0500)

http://www.donarmstrong.com
http://www.anylevel.com
http://rzlab.ucr.edu


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Re: MPlayer DFSG compatibility status

2003-10-08 Thread Thomas Bushnell, BSG
Glenn Maynard [EMAIL PROTECTED] writes:

 More importantly, the DFSG talks about required freedoms.  If freedoms
 for a work are actively being restricted by eg. trademark or patent law,
 then the work is just as non-free as if they were restricted by copyright.
 For example, if the Official Use Logo was placed under a permissive
 copyright license, but maintained strict restrictions under trademark
 law, then the freedoms required by the DFSG are not available--it would
 still not be DFSG-free.

Actually, I believe it still would be DFSG-free.  You are right in
general that it doesn't matter which law is being used to impinge
freedom.  But a free Official Use Logo could (I think) be written in
such a way as to be clearly DFSG-free, given that we already allow
labelling and naming restrictions.

So we can permit people to modify the bottle, but still not use it for
non-Official things, and that doesn't imping freedom, just as people
can use and modify the special code for the TeX logo, but they can't
apply it to anything that doesn't pass Trip.

Thomas



Re: MPlayer DFSG compatibility status

2003-10-08 Thread Glenn Maynard
On Wed, Oct 08, 2003 at 02:16:18PM -0700, Thomas Bushnell, BSG wrote:
 Actually, I believe it still would be DFSG-free.  You are right in
 general that it doesn't matter which law is being used to impinge
 freedom.  But a free Official Use Logo could (I think) be written in
 such a way as to be clearly DFSG-free, given that we already allow
 labelling and naming restrictions.
 
 So we can permit people to modify the bottle, but still not use it for
 non-Official things, and that doesn't imping freedom, just as people
 can use and modify the special code for the TeX logo, but they can't
 apply it to anything that doesn't pass Trip.

The trademark restrictions could probably be written in such a way as to
fall under the spirit of the if you change it, don't call it foo
allowances.

We just need to be wary of any precarious slopes in doing so.

-- 
Glenn Maynard



Re: MPlayer DFSG compatibility status

2003-10-08 Thread Gabucino
Don Armstrong wrote:
 However, since they're generally not free software, nor (for the most
 part) are the even legal to (re-)distribute, we don't distribute them
 in Debian. (I'd strongly recommend that mplayer take a strong look at
 the DLL licenses if mplayer is distributing them.)
We don't care of Win32 DLLs, because - contrary to the popular belief -
they aren't useful anymore: libavcodec can decode _every_ popular format,
except the WMV9 codec, but that's only a matter of time.

Personally I use only one Win32 DLL, and only for nvidia_vid debugging
purposes.

So this is not a problem - again.

-- 
Gabucino
MPlayer Core Team


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Re: MPlayer DFSG compatibility status

2003-10-08 Thread Glenn Maynard
On Thu, Oct 09, 2003 at 04:42:30AM +0200, Gabucino wrote:
 So this is not a problem - again.

And you're being rudely dismissive - again.  Stop acting as if mplayer has
never had licensing problems - again - and as if being careful of
licensing problems is a waste of time - again.

Debian folks are extending infinite patience, and in response you have
been consistently impatient, rude, and now you're pretending you're
being persecuted.  If your goal is really to get mplayer into Debian,
your attitude is unhelpful.  All it buys you is flamewars and killfiles.

(I've had enough of Gabucino.  Re-plonk.)

-- 
Glenn Maynard



Re: Is the OSL DFSG free?

2003-10-08 Thread Branden Robinson
On Wed, Oct 08, 2003 at 05:51:42PM +1000, Martin Michlmayr - Debian Project 
Leader wrote:
 Has anyone tried talking to the author of OSL in order to get the
 license changed?

I think that, as a rule, the -legal mavens don't unilaterally approach
the authors of works or licenses.

The affected package maintainer is generally a person better suited to do so.

-- 
G. Branden Robinson|Half of being smart is knowing what
Debian GNU/Linux   |you're dumb at.
[EMAIL PROTECTED] |-- David Gerrold
http://people.debian.org/~branden/ |


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Re: MPlayer DFSG compatibility status

2003-10-08 Thread Branden Robinson
On Wed, Oct 08, 2003 at 11:21:14AM +0200, Mathieu Roy wrote:
 While I completely agree with the rest of this message, there is no
 reason to threat mplayer in a very special way: if no one can give a
 reason to reject mplayer, there is no reason to reject mplayer, like
 any other project. While mplayer must be checked carefully, if mplayer
 is currently DFSG-compliant, it should not be complicated to convince
 ftpmaster to let Debian users having mplayer.
 
 The historical account of the mplayer team should not cause rejection
 of mplayer.

Of course it should.  See other messages I've posted about relying upon
upstream authors having done their homework so we can have a reasonable
and good-faith belief that the copyright and legal notices in a work
submitted to Debian are accurate.

With MPlayer, we have reason to lack such confidence.

The license vetting done by -legal and the Debian archive administrators
is contextual and will always have to be.  The context of our
experiences with MPlayer do not inspire much faith in the
representations of Gabucino regarding the license status of various
code distributed by the MPlayer organization.

-- 
G. Branden Robinson| Eternal vigilance is the price of
Debian GNU/Linux   | liberty.
[EMAIL PROTECTED] | -- Wendell Phillips
http://people.debian.org/~branden/ |


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