Re: Hypothetical situation to chew on

2005-01-04 Thread Glenn Maynard
On Tue, Jan 04, 2005 at 11:01:41PM -0500, Nathanael Nerode wrote:
> Yes, this is what SUCKS about current copyright law.  The presumption is "All 
> rights reserved unless you have explicit permission".

The fact that it never expires is what sucks about it.  The default
copyright permissions aren't so bad, by comparison, as long as you're
aware of it.  :)

That's one of the major contributions of debian-legal, in my opinion:
making people aware of how copyright affects their projects (giving
it at least the force of "sorry, we just can't distribute this safely"),
that it can't simply be ignored, and that in many cases, it can be dealt
with reasonably by ordinary humans.  (In some cases--possibly like this
one, where there may be accumulated licensing errors over years--it may
be too late, though.)

-- 
Glenn Maynard



Is the LLVM Release License DFSG-compatible?

2005-01-04 Thread Al Stone
Please 'reply all' on any replies as I don't normally subscribe
to debian-legal, and it will also document the discussion along
with the ITP.

I've filed an ITP for LLVM -- the Low-Level Virtual Machine, a
compiler toolset that provides a C and C++ compiler.  More info
on LLVM can be found at http://llvm.cs.uiuc.edu.  The ITP is
#239415.

LLVM licensing is a little more complicated than most packages,
but I still believe it to be DFSG-compatible and eligible for
being in main.

Part of LLVM (the C front-end) is borrowed directly from GCC
and distribution of the C front-end used by LLVM is covered 
under the same licensing as GCC.

The remainder of LLVM is covered by the LLVM Release License
(see http://llvm.cs.uiuc.edu/releases/1.4/LICENSE.TXT) which is
actually the University of Illinois/NCSA Open Source License.
The University of Illinois/NCSA (UI/NCSA) license is very similar
to the MIT or BSD license, and software distributed under the
UI/NCSA license is OSI Certified Open Source Software (please
see http://www.opensource.org/licenses/UoI-NCSA.php).

Being paranoid about this sort of stuff, I also examined a fairly
large random sample of the files (there are ~22K files in the
source tree and I sampled roughly 500 of them).  Those files all
either contained the proper licensing text or were covered by
by a file containing the proper text.  I also used an experimental
text comparison tool to examine all files and feel very confident
that the source files are all properly covered by the licenses
above in some way.

So, based on my understanding of the DFSG, and my understanding
of the licensing, I believe this package will be fully DFSG-
compatible.  What say you all?

-- 
Ciao,
al
--
Al Stone  Alter Ego:
Linux & Open Source Lab   Debian Developer
Hewlett-Packard Company   http://www.debian.org
E-mail: [EMAIL PROTECTED][EMAIL PROTECTED]
--



Re: Hypothetical situation to chew on

2005-01-04 Thread Nathanael Nerode
[EMAIL PROTECTED] wrote:
> I'm vaguely aware of a piece of software which contains both GFDL
> licensed material, and possibly code which was dropped in without
> actually checking the licence for compatibility with the GPL.
> 
> A gargantuan number of people over the years have contributed code to
> it, and many have claimed copyright for their contributions. No policy 
> of copyright-assignment has been used.
> 
> 
> So here's a hypothetical situation; say the current upstream maintainer
> was to announce in a very public place, with Cc's to all known
> contributor e-mail addresses, his intent to change the licence of the
> code to GPL-2 (including documentation) and give a full list of
> everything that would fall under it.  And then was to give a period (say
> 28 days) for objections to be raised.
> 
> If none were raised, could they then change the licence?
No.

:-P

Yes, this is what SUCKS about current copyright law.  The presumption is "All 
rights reserved unless you have explicit permission".

>If not, what procedure would be needed to make the software DFSG-free?
>I'm going to guess clean-room rewrite of all of the documentation, and
>of any code that could be affected?
Not *quite*.  But close.

(1) Every piece of code must be audited to determine the copyright holders.
(I *hope* they kept track of that, but many don't.)  The author of any major 
portion or major collection of changes -- or his/her employer if it was work 
for hire and the author was in a country with that doctrine -- is a copyright 
holder for that portion.  (Unless that person has explicitly released it to 
the public domain, or it was published without copyright notices in the US 
prior to, I believe, 1986 -- in those cases it's in the public domain.)
(2) If the author of a piece cannot be identified, and the piece is not 
clearly in the public domain, it must be clean-room rewritten.
(3) If the author can be identified, and agrees explicitly to relicense the 
code (or the license for the code is already OK), it can be kept.
(4) If the author can be identified, but does not agree explicitly to 
relicense the code (whether this is because he/she can't be reached or 
because he/she refuses or because he/she is incomprehensible), it must be 
clean-room rewritten.

So, (3) is the exception to your rule; the work of anyone who can actually be 
tracked down, and who agrees to relicense, can be relicensed.  Perhaps 
surprisingly, many people can be tracked down, and *do* agree to relicense.  
For large chunks, this may be easier than clean-room rewrites.  For small 
chunks, probably it's harder.

I know of several packages which fall into this rather nasty category, and I 
haven't had the heart to work on most of them.  I wish you luck.



Re: mozilla thunderbird trademark restrictions / still dfsg free?

2005-01-04 Thread Glenn Maynard
On Tue, Jan 04, 2005 at 05:44:08PM -0800, Michael K. Edwards wrote:
> > So the question is: is the right to call a bit of software by a certain
> > name an "important freedom"? That's definitely debatable. The name you
> > use to refer to a bit of software doesn't affect its function.
> 
> It can, especially in the case of a web browser; consider web servers
> that verify that the client claims to be a sufficiently new Mozilla or
> IE before sending DHTML.

What a client calls itself to servers (eg. in User-Agent headers) isn't an
issue.  That's a very functional use of the name, telling the server how to
handle the client, not telling a user what program he's running.  I don't
think trademarks can touch that.

Note that my copy of Explorer calls itself:

User-Agent: Mozilla/4.0 (compatible; MSIE 6.0; Windows NT 5.0; .NET CLR 
1.0.3705)

and every other browser I have installed either does the same or offers
it as an alternative.

(Anyone who knows more about trademarks than I do is encouraged to tell
me I'm wrong, of course.  IANAL.)

-- 
Glenn Maynard



Re: mozilla thunderbird trademark restrictions / still dfsg free ?

2005-01-04 Thread Brian Masinick

"mozilla _wants_ us to make some changes to the thunderbird package in order to
not infringe their trademarks."

I think plenty of dialog with Mozilla is a good idea.  If they don't like the
way we package Thunderbird or any of the other packages, I recommend using
really generic names for each of the packages, then refer to the Mozilla
names in the descriptions, such as:

Debian Web browser based on Mozilla Firefox
Debian Email client based on Mozilla Thunderbird
Debian browser suite based on Mozilla

or something similar that makes them happy and still makes things like
package searches contain a searchable string that people can recognize.

I have a hard time believing that after all this time they want people
to get away from their names, but if that's really what they want, let's
do it.  But let's not make up any new funky names.  That just opens up
the possibility of other issues elsewhere.  If we must change the name
at all, let's associate it with our project and a generic term describing
the application.  Can that get us into any trouble?  Hopefully not.


--
Brian Masinick
mailto:[EMAIL PROTECTED]



Re: mozilla thunderbird trademark restrictions / still dfsg free?

2005-01-04 Thread Alexander Sack

Gervase Markham wrote:



So the question is: is the right to call a bit of software by a certain 
name an "important freedom"? That's definitely debatable. The name you 
use to refer to a bit of software doesn't affect its function.


Yes, that's right, but we don't want to be upstream or another fork. We package 
free software provided by upstream. That is, we usually distribute the tarballs 
as they are and build the package with modifications we need to do in order to 
keep up with some debian standards or to improve the quality.


In contrast, the package you want us to distribute is not distributed by 
upstream. You distribute something that is restricted by active trademark 
enforcement, which IMHO is non-free, because a trademark policy is just another 
way to restrict freedom.


You referred often to 'we'd have to negotiate'. OK, fine. Let's start with it.

Maybe you give up on some off your procedures. e.g. you could give up 
restrictions you try to enforce on us. I mean, debian (as well as other free 
software distributors) is (are) should not need to care if there is a trademark 
for some package or something. There is no problem for thousands of packages we 
include, so why mozilla?


The whole issue arises with your policy document. If no such thing would exist, 
we (including mozilla) would probably have no problem here. Nevertheless, you 
could still claim your brand your own IMHO. It is just a problem on how you 
define "actively enforcing" a trademark.


AFAIK, enforcement of trademarks can be of preventive or responsive nature. I 
think if you treat your trademarks like others do (in a responsive manner), 
there would be no problem either. (This might be wrong, though, because me != 
lawyer)


AFAICS, other projects use a responsive enforcement for their trademark. I 
assume this, because they did not come to us.


I bet they would go after commercials or other organizations that actually want 
to harm the brand significantly.


On the other hand, going behind the small guys that distribute their super gcc 
cvs HEAD build of a package is somehow different. Usually those guys are 
somewhat private and they actually have no intent nor the potential to harm your 
trademark. Maybe they get 100 downloads of this super unstable package, but 
that's it. If the quality sucks, people won't come back, but will typically not 
think: "This piece of software is firefox? What a bad brand!". IHMO, people 
installing those builds will more or less know what they are doing.


Actually, I think there is a much greater probability, that some stupid guy 
somehow gets your pretty broken HEAD-prealpha-fancy-testings-stuff 
still-branded-premium-build on his box and wonders why the UI is somehow broken. 
After installing the right version, he finds his profile is broken and as a 
stupid user his pop mail inbox is lost too. I bet, the user will find this is 
_no inbox reclaim_, but rather _an inbox wipe-out_ :).


What I am trying to say is that mozilla is far too eager in enforcing their 
trademarks. I hope this is because you just think this is needed by law.
I hope this is not because you really believe it helps the overall purpose or 
will maximize the value of your brand.


Finally, I cannot tell you what to do. But I think it is your turn to break this 
vicious circle. As Glenn just pointed out, this is completely uncommon. So why 
do you want to go this way anyway? Try to rethink your attitude, maybe escalate 
this issue to mozilla management or do what is needed to do, to actually keep 
things going. I doubt there is a solution unless you do so.


--
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Re: mozilla thunderbird trademark restrictions / still dfsg free?

2005-01-04 Thread Michael K. Edwards
> So the question is: is the right to call a bit of software by a certain
> name an "important freedom"? That's definitely debatable. The name you
> use to refer to a bit of software doesn't affect its function.

It can, especially in the case of a web browser; consider web servers
that verify that the client claims to be a sufficiently new Mozilla or
IE before sending DHTML.

It looks to me like there's a real storm brewing over trademark
enforcement in open source space.  At least in most US jurisdictions,
trademark law applies an "enforce it or lose it" standard, and one of
the key criteria in judging whether a company takes its trademark
seriously is whether it exercises quality assurance over third parties
to which it has (explicitly or implicitly) licensed the right to
distribute goods or services marked with its trademark.

In a hypothetical situation where Debian is the dominant distribution
channel for Software X, performs QA functions, and handles the bulk of
bug reports, the upstream for Software X could actually lose ownership
of the trademark to Debian.  Even when the distributor relationship is
non-exclusive, a failure to exercise QA authority over the Debian
channel could weaken Mozilla's ability to enforce the trademark on
other channels.  (Imagine "Mozilla Firefox, MS Authorized Edition"
with the crippling limitations of your choice.)

The drafters of the classic open source licenses weren't thinking in
terms of trademark issues.  UC Berkeley probably couldn't enforce
trademark constraints on "BSD" now if it tried.  The FSF persists in
the assertion that the (L)GPL isn't a contract at all, it's some sort
of non-contract license (with no legal foundation that I can find)
created out of copyright law, and so as a matter of principle the
(L)GPL doesn't address trademark questions.  (In both cases that I
have run across in which GPL software has been discussed in US courts,
trademark rights were enforced by the court.)

So the Mozilla folks are being responsible in setting out the limits
of the license to use their trademarks as part of the MPL, rather than
leaving the issue unaddressed and then springing it on people in
court.  I think it would be a good idea to work out a modus vivendi
with them, such that the names of Debian-packaged Mozilla products are
unchanged, and designated persons from Mozilla have the right to file
RC bugs that the maintainer isn't allowed to downgrade.  That at least
preserves the forms of trademark defense, at a rather minimal cost in
freedom.

The only consistent alternative that I can see is to yank packages
when the upstream pursues a trademark issue against any infringer --
which means dropping MySQL and RPM for starters, and Mozilla, Apache,
and Linux before long.  Somehow this doesn't seem wise.

Cheers,
- Michael



Re: mozilla thunderbird trademark restrictions / still dfsg free?

2005-01-04 Thread Glenn Maynard
On Wed, Jan 05, 2005 at 12:06:12AM +, Matthew Garrett wrote:
> Francesco Poli <[EMAIL PROTECTED]> wrote:
> 
> > Exactly.
> > DFSG #8 seems quite clear to me: we do *not* consider Free
> > something that gives all the other important freedoms to Debian only,
> > and not to downstream recipients as well.
> 
> There's some contention over this. Based on the discussion on
> debian-private that led to the DFSG, I think 8 was effectively shorthand
> for ensuring that every freedom enumerated in the DFSG was available to
> any further recipients. Others disagree. I asked Bruce about this, but
> never got a reply.

Just to be clear: except for the "clear" part, you're agreeing with Francesco,
right?

-- 
Glenn Maynard



Re: Trademarks: what is the line?

2005-01-04 Thread Glenn Maynard
On Wed, Jan 05, 2005 at 12:03:15AM +, Gervase Markham wrote:
> >>The Mozilla trademark license seems to be rather harmless
> >>at that because they give permission to retain the command names.
> >
> >Judging from the followups to your message, it seems that this is not
> >the case...  :-(
> 
> Indeed. If you renamed the product, you'd need to change the command and 
> package names also.

The command (eg. the binary's filename) is a functional element, which
can not--to my limited understanding--be restricted by trademark.  Debian
can always provide a "mozilla" binary (or symlink), that runs "debzilla".
(This wouldn't be an unreasonable thing to do, given the "alternatives"
paradigm, as long as the program itself was properly renamed--eg. it
doesn't say "Mozilla" in the title bar.)

Note that copyright licenses which require changing command names are
not allowed by the DFSG.  DFSG#4 allows requiring the name of the program
to be changed, but requiring the command itself to be changed essentially
prohibits compatibility, which goes too far.

I suspect that while the package name would be changed, a helper "mozilla"
package would point people to it.


Of course, it'd be nice if the resolution of this doesn't require Debian
to rename Mozilla.  However, as it's very uncommon for people to brandish
trademarks in this way--among free software, at least--there's not much
experience with how they interact with Debian's required freedoms.  I
can't remember the last time a trademark issue was even raised on debian-legal.
This is somewhat evidenced by the amount of head-scratching going on--it may
take some time to figure out.

-- 
Glenn Maynard



Re: mozilla thunderbird trademark restrictions / still dfsg free?

2005-01-04 Thread Matthew Garrett
Francesco Poli <[EMAIL PROTECTED]> wrote:

> Exactly.
> DFSG #8 seems quite clear to me: we do *not* consider Free
> something that gives all the other important freedoms to Debian only,
> and not to downstream recipients as well.

There's some contention over this. Based on the discussion on
debian-private that led to the DFSG, I think 8 was effectively shorthand
for ensuring that every freedom enumerated in the DFSG was available to
any further recipients. Others disagree. I asked Bruce about this, but
never got a reply.

Personally, I have no objection to Debian being given freedoms that
other users don't, providing that everyone obtains rights that satisfy
the DFSG.

-- 
Matthew Garrett | [EMAIL PROTECTED]



Re: mozilla thunderbird trademark restrictions / still dfsg free?

2005-01-04 Thread Gervase Markham

Francesco Poli wrote:

Exactly.
DFSG #8 seems quite clear to me: we do *not* consider Free
something that gives all the other important freedoms to Debian only,
and not to downstream recipients as well.


So the question is: is the right to call a bit of software by a certain 
name an "important freedom"? That's definitely debatable. The name you 
use to refer to a bit of software doesn't affect its function.


Gerv



Re: Trademarks: what is the line?

2005-01-04 Thread Gervase Markham

Francesco Poli wrote:

Yes, but is requiring a global replacing of trademarked strings and
images acceptable?

I mean: it seems that Mozilla is requiring us

* either to comply with strict modification constraints


Not so strict, really. Certainly not to the level of preventing security 
patches. Exactly how it would work would be something we'd negotiate.



* or to replace every and each trademarked reference to the work with
something else


Which isn't too hard, given that we have centralised branding files.


The Mozilla trademark license seems to be rather harmless
at that because they give permission to retain the command names.


Judging from the followups to your message, it seems that this is not
the case...  :-(


Indeed. If you renamed the product, you'd need to change the command and 
package names also.


Gerv



Re: mozilla thunderbird trademark restrictions / still dfsg free?

2005-01-04 Thread Francesco Poli
On Mon, 3 Jan 2005 23:28:43 -0700 Joel Aelwyn wrote:

> If those rights are not available - under the same terms - to our
> downstreams (be they users, custom distros... whatever), then by the
> spirit of DFSG #8 (at least IMO), we shouldn't be able to make use of
> them either.

Exactly.
DFSG #8 seems quite clear to me: we do *not* consider Free
something that gives all the other important freedoms to Debian only,
and not to downstream recipients as well.

-- 
  Today is the tomorrow you worried about yesterday.
..
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Re: Trademarks: what is the line?

2005-01-04 Thread Francesco Poli
[Since Sylpheed messed up with the GPG signature, I resend this message
(hopefully) correctly signed; I apologize for this]

On Fri, 31 Dec 2004 13:56:45 +0100 Florian Weimer wrote:

> They are not entirely unrelated.  The DFSG explicitly mentions
> mandatory renaming clauses in licenses, and deems them to be
> DFSG-free.

Yes, but is requiring a global replacing of trademarked strings and
images acceptable?

I mean: it seems that Mozilla is requiring us

* either to comply with strict modification constraints

* or to replace every and each trademarked reference to the work with
something else

First option seems unacceptable (we couldn't even patch for security
reasons before they decide to release a new version, correct me if I'm
wrong).

Second option would require the Debian package maintainer to dig into
the source and play "seek & destroy" with all cases in which the work is
referenced as "Mozilla {thunderbird|firefox}" or in which the official
logo is used...
This seems a bit more than requiring a name change (per DFSG 4).

> The Mozilla trademark license seems to be rather harmless
> at that because they give permission to retain the command names.

Judging from the followups to your message, it seems that this is not
the case...  :-(

-- 
  Today is the tomorrow you worried about yesterday.
..
  Francesco Poli GnuPG Key ID = DD6DFCF4
 Key fingerprint = C979 F34B 27CE 5CD8 DC12  31B5 78F4 279B DD6D FCF4


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Re: Hypothetical situation to chew on

2005-01-04 Thread Glenn Maynard
On Tue, Jan 04, 2005 at 10:37:30PM +, Scott James Remnant wrote:
> I'm vaguely aware of a piece of software which contains both GFDL
> licensed material, and possibly code which was dropped in without
> actually checking the licence for compatibility with the GPL.

I'm not quite sure what you mean.  Is there one work or two here?  The
GFDL is GPL-incompatible, so is the "GFDL licensed material" part of
"code which was dropped in"?

> So here's a hypothetical situation; say the current upstream maintainer
> was to announce in a very public place, with Cc's to all known
> contributor e-mail addresses, his intent to change the licence of the
> code to GPL-2 (including documentation) and give a full list of
> everything that would fall under it.  And then was to give a period (say
> 28 days) for objections to be raised.
> 
> If none were raised, could they then change the licence?

No.  You can't announce "unless you say otherwise, your copyrighted work is
now under this license".

I don't know if there are other means to relicense.  There's been vague
talk of things like "joint works", and also talk of what rights an "editor"
can do.  These have never been particularly well-explored, though: a means
to grant permissions without the original author's consent isn't something
most people here want to figure out a way to do, I assume.  (If it's possible,
it's probably not a good idea to try without asking a lawyer.)

-- 
Glenn Maynard



Re: Hypothetical situation to chew on

2005-01-04 Thread Andrew Suffield
On Tue, Jan 04, 2005 at 10:37:30PM +, Scott James Remnant wrote:
> So here's a hypothetical situation; say the current upstream maintainer
> was to announce in a very public place, with Cc's to all known
> contributor e-mail addresses, his intent to change the licence of the
> code to GPL-2 (including documentation) and give a full list of
> everything that would fall under it.  And then was to give a period (say
> 28 days) for objections to be raised.
> 
> If none were raised, could they then change the licence?

Not with any kind of legitimacy. The copyright holders who have not
explicitly agreed to the new license would be fully justified in
ignoring it, and treating all licensees as if they were still working
to the old one. No private individual can make a declaration of the
form "Respond now or forfeit your copyright".

> If not, what procedure would be needed to make the software DFSG-free?
> I'm going to guess clean-room rewrite of all of the documentation, and
> of any code that could be affected?

That would work. Alternatively, just cut anything whose author can't
be traced or contacted - there's no need to throw away stuff written
by somebody who agrees to the new license. That does mean line-by-line
verification though, so it might not be practical (depending on
whether contributions are concentrated in some areas or uniformly
distributed).

-- 
  .''`.  ** Debian GNU/Linux ** | Andrew Suffield
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Re: LCC and blobs

2005-01-04 Thread Darren Salt
I demand that Glenn Maynard may or may not have written...

> On Tue, Jan 04, 2005 at 06:22:20PM +, Darren Salt wrote:
>>> On Tue, Jan 04, 2005 at 01:48:12AM +, Darren Salt wrote:
>> [fetching firmware on finding hardware which needs it: wget or packaged?]
 Fetch every time and fetch once. That looks like a difference to me...
>>> How could "fetch every time" possibly be acceptable to the SC when "fetch
>>> once" is not? Are you saying that the "rancid-installer" package could go
>>> in main, if it re-downloaded and reinstalled the program every time it
>>> was used?  Of course not--there is no difference to the SC.
>> I don't believe that I've made any comments about freeness of the firmware
>> installer package (though I've definitely said things about kernel modules
>> for devices which, to be useful, require firmware uploads). I merely
>> consider fetch-every-time to be broken (and you can add "firmware no
>> longer available for download" to the list of reasons).

> Since this is a discussion of freeness and SC#1, it's differences in
> freeness that are relevant here.  In response to "no difference: contrib at
> best", you said "that looks like a difference", which certainly looks like
> a comment on freeness.

It looked to me like you were saying that there was no difference between
fetching always and fetching once. ISTM (now) that you've removed too much
and I've removed not enough.

> (Unless you do have something to say about freeness, let's let this
> subthread die; [...])

I could say something, but I think that in the general case, it wouldn't add
to what has already been said. In the specific cases, well, let's wait for
them to be mentioned :-)

>> They were relevant to the text which you *didn't* snip. You should have
>> summarised them or left them in place.

>> And you've not marked where you've removed text :-\

> When I think some indication of removal is useful, I mark it with a blank
> line between quotes, instead of ">"; this is clear enough, since the full
> text is always available.

... but said full text may not have been received locally, and the reader may
be offline - in which case, how is he meant to distinguish between your blank
line and a blank line left by the original author and possibly devoid of
quote indication due to its having been removed because the line was
otherwise blank?

> All text in all messages is relevant to other text; not removing text which
> is relevant to some other quote would mean never removing anything. [...]

Degrees of relevance? (Probably best to let that lie.)

-- 
| Darren Salt   | linux (or ds) at | nr. Ashington,
| woody, sarge, | youmustbejoking  | Northumberland
| RISC OS   | demon co uk  | Toon Army
|   Let's keep the pound sterling

If I send this, does that mean that you'll read it?



Hypothetical situation to chew on

2005-01-04 Thread Scott James Remnant
I'm vaguely aware of a piece of software which contains both GFDL
licensed material, and possibly code which was dropped in without
actually checking the licence for compatibility with the GPL.

A gargantuan number of people over the years have contributed code to
it, and many have claimed copyright for their contributions.  No policy
of copyright-assignment has been used.


So here's a hypothetical situation; say the current upstream maintainer
was to announce in a very public place, with Cc's to all known
contributor e-mail addresses, his intent to change the licence of the
code to GPL-2 (including documentation) and give a full list of
everything that would fall under it.  And then was to give a period (say
28 days) for objections to be raised.

If none were raised, could they then change the licence?


If not, what procedure would be needed to make the software DFSG-free?
I'm going to guess clean-room rewrite of all of the documentation, and
of any code that could be affected?

Thanks in advance,

Scott
-- 
Have you ever, ever felt like this?
Had strange things happen?  Are you going round the twist?


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Re: LCC and blobs

2005-01-04 Thread Glenn Maynard
On Tue, Jan 04, 2005 at 06:22:20PM +, Darren Salt wrote:
> > On Tue, Jan 04, 2005 at 01:48:12AM +, Darren Salt wrote:
> [fetching firmware on finding hardware which needs it: wget or packaged?]
> >> Fetch every time and fetch once. That looks like a difference to me...
> 
> > How could "fetch every time" possibly be acceptable to the SC when "fetch
> > once" is not? Are you saying that the "rancid-installer" package could go
> > in main, if it re-downloaded and reinstalled the program every time it was
> > used?  Of course not--there is no difference to the SC.
> 
> I don't believe that I've made any comments about freeness of the firmware
> installer package (though I've definitely said things about kernel modules
> for devices which, to be useful, require firmware uploads). I merely consider
> fetch-every-time to be broken (and you can add "firmware no longer available
> for download" to the list of reasons).

Since this is a discussion of freeness and SC#1, it's differences in freeness
that are relevant here.  In response to "no difference: contrib at best", you
said "that looks like a difference", which certainly looks like a comment
on freeness.

(Unless you do have something to say about freeness, let's let this subthread
die; my response said "who cares about implementation details for something
which clearly doesn't help the software get out of contrib", and this isn't
going anywhere.)

> They were relevant to the text which you *didn't* snip. You should have
> summarised them or left them in place.
> 
> And you've not marked where you've removed text :-\

When I think some indication of removal is useful, I mark it with a
blank line between quotes, instead of ">"; this is clear enough, since
the full text is always available.  All text in all messages is relevant
to other text; not removing text which is relevant to some other quote
would mean never removing anything.  (As your complaints about my quoting
are both frivilous and in a somewhat demanding tone, I doubt I'll respond
to them any further.)

-- 
Glenn Maynard



Re: LCC and blobs

2005-01-04 Thread Darren Salt
I demand that Glenn Maynard may or may not have written...

> On Tue, Jan 04, 2005 at 01:48:12AM +, Darren Salt wrote:
[fetching firmware on finding hardware which needs it: wget or packaged?]
>> Fetch every time and fetch once. That looks like a difference to me...

> How could "fetch every time" possibly be acceptable to the SC when "fetch
> once" is not? Are you saying that the "rancid-installer" package could go
> in main, if it re-downloaded and reinstalled the program every time it was
> used?  Of course not--there is no difference to the SC.

I don't believe that I've made any comments about freeness of the firmware
installer package (though I've definitely said things about kernel modules
for devices which, to be useful, require firmware uploads). I merely consider
fetch-every-time to be broken (and you can add "firmware no longer available
for download" to the list of reasons).

> This could be as simple as mounting a tmpfs on /lib/firmware, and
> wgetting
>> [my comments about network availability removed - RELEVANT CONTEXT]

> The removed quotes were superfluous to my response, so no, they weren't
> relevant.  Stop yelling.

They were relevant to the text which you *didn't* snip. You should have
summarised them or left them in place.

And you've not marked where you've removed text :-\

-- 
| Darren Salt   | linux (or ds) at | nr. Ashington,
| woody, sarge, | youmustbejoking  | Northumberland
| RISC OS   | demon co uk  | Toon Army
|   http://www.youmustbejoking.demon.co.uk/> (PGP 2.6, GPG keys)

Answers on a postcard please to 10 Downing Street, London SW1.



Re: LCC and blobs

2005-01-04 Thread Matthew Garrett
Brian Thomas Sniffen <[EMAIL PROTECTED]> wrote:
> Hamish Moffatt <[EMAIL PROTECTED]> writes:
>> So if EEPROMs contain software, why "don't [you] get to distribute any
>> drivers"? I don't understand.
> 
> You can get software out of an firmware-EEPROM on a hardware device.
> I don't think it's appropriate to call that software as is, or in
> general.  This line *could* be drawn in lots of places, but if you say
> that the contents of an EEPROM are software, then how about a one-shot
> PROM?  How about a book with a print-out of the source code?

A PROM generally contains software (unless you're going to argue that
executable code is not always software, in which case I'm going to
ignore you). A book is a representation of software but not software
itself, since the book exists outside the digital domain.

> The only reasonable place to draw the line, for Debian, is this: can
> Debian physically ship it in a useful way?  For files on disk, the
> answer is yes.  We are constrained only by the license.  For the book
> or the PROM, the answer is no.  For an EEPROM, in general, the answer
> is no.  For any such correctly operating device, the firmware is
> already there.  Debian can't usefully ship it.  It would be
> interesting to try supporting an architecture to run on those devices
> instead of Wind River or whatever, but there isn't one now.

Ignoring license constraints, I can find you any number of cases of
eeproms where Debian could ship the contents. I can probably find you
several that would run on hardware you currently own.

Again, drawing the distinction at this point results in the solution
that provides more practical freedom to the user being penalised. This
implies very strongly that we're doing something wrong.

> When the firmware has to be uploaded, it's a dependency.  If it were
> just a magic initialization sequence, that would be OK -- such a
> sequence is presumably too short to copyright.  But this is long and
> non-free, clearly software, and clearly a dependency.

The dependency is not on the specific firmware in question - the
dependency is on code that will cause the general purpose device to
behave in the way that the driver expects. In the vast majority of
cases, the only code that currently satisfies that constraint is
non-free, but there's no intrinsic reason why it has to be so.

We can compare this to other hardware. The orinoco wireless driver
depends on the hardware acting in a specific way, and does this by
communicating with the firmware in the device. In doing so, it is
communicating (and hence depending) upon non-free executable code - ie,
software. But, again, there's no intrinsic reason why it has to be so.
You could write free firmware, or you could reimplement the device in
such a way that it doesn't actually have any firmware (for sufficiently
simple cases, you might be able to reimplement it in a fairly large
quantity of clockwork), and hence remove the dependency.

But these are hypotheticals. Drivers that require loaded firmware tend
to use non-free code, and drivers that require hardware to respond in
certain ways tend to use non-free firmware on that hardware. In both
cases, we could reimplement something in order to remove that non-free
dependency (either free firmware or hardware that doesn't use firmware),
but *nobody has done so*. A hypothetical implementation of something
without non-free code doesn't satisfy us. 

You have argued that drivers don't really depend on firmware, but
instead depend on the hardware expressing the correct interface. As an
example, we can compare maria-vis, which depends on the graphviz
package. maria-vis is in contrib, because it depends on graphviz, which
is in non-free. But by your argument, it doesn't actually depend on
graphviz - it merely depends on something that presents a correctly
functioning graphviz interface. This could be a piece of non-free code,
but it could also be a piece of free code, an interface to a remote
application server, or a userspace application to drive hardware that
kicks intelligent rodents until they draw the correct graph. There's no
intrinsic dependency on the non-free code. But since the non-free code
is currently the only solution that /does/ express the correct
interface, there exists a dependency on non-free code.

If you can find me a piece of hardware that can be driven by the
kernel's orinoco driver and which contains no non-free executable code,
I will agree that the driver does not require the use of non-free
executable code. But not until then.

-- 
Matthew Garrett | [EMAIL PROTECTED]



Re: Bug#288429: asterisk: Hold music are not DFSG-free

2005-01-04 Thread Andreas Barth
Dear all,

* Jose Carlos Garcia Sogo ([EMAIL PROTECTED]) [050104 13:05]:
> tags 288429 -sarge-ignore
> El lun, 03-01-2005 a las 20:57 +0100, Kilian Krause escribió:
> > tags 288429 +sarge-ignore

Please do not add or remove the sarge-ignore tag. The sarge-ignore tag
might only be added by the release team, and removing should also not be
done without coordination (except that of course the maintainer can
always declare any issues as release critical for his package, means:
also remove the sarge-ignore tag).



Thanks,
Andi
-- 
   http://home.arcor.de/andreas-barth/
   PGP 1024/89FB5CE5  DC F1 85 6D A6 45 9C 0F  3B BE F1 D0 C5 D1 D9 0C



Re: Bug#288429: asterisk: Hold music are not DFSG-free

2005-01-04 Thread Jose Carlos Garcia Sogo
tags 288429 -sarge-ignore
thanks

El lun, 03-01-2005 a las 20:57 +0100, Kilian Krause escribió:
> tags 288429 +sarge-ignore
> thanks
> 
> Hi Jerome,
> 
> Am Montag, den 03.01.2005, 19:40 +0100 schrieb Jerome Warnier:
> > Subject: asterisk: Hold music are not DFSG-free
> > Package: asterisk
> > Version: 1:1.0.2-3
> > Severity: serious
> > Justification: Policy 2.1
> > 
> > *** Please type your report below this line ***
> > In the README.fpm file, it is stated that the Hold Music is non-free for
> > use in anything else than Asterisk.
> 
> that's technically correct, yet i'm very tempted to tag this bug as
> wontfix until there's a decent license that's DFSG-free which we then
> can propose to the asterisk upstream. 

 I think that Jerome is right, and we have a problem with that file. It is not 
the same problem than we can have with GFDL docs or the problem of which is 
"the preferred
source form" for images and sounds.

 Here that sound is licensed only for being used as hold music for Asterisk, 
nothing else. 
You couldn't even use it as dialtone for Asterisk, as I interpret the file.
 
 The only solution I see is removing that sound from upstream sources. Anyway I 
am
CCing debian-legal for advise on this. Attached is README.fpm file.

 Cheers,
About Hold Music

Digium has licensed the music included with
the Asterisk distribution From FreePlayMusic
for use and distribution with Asterisk.  It
is licensed ONLY for use as hold music within
an Asterisk based PBX.



OleMiss Email Account cnlawren DEACTIVATED

2005-01-04 Thread Christopher Lawrence
This account is no longer active.  Thus, your
mail regarding "[PMX:VIRUS] Re:" will not be received.



Re: mozilla thunderbird trademark restrictions / still dfsg free?

2005-01-04 Thread Joel Aelwyn
On Mon, Jan 03, 2005 at 11:56:24PM -0500, Brian Thomas Sniffen wrote:
> Gervase Markham <[EMAIL PROTECTED]> writes:
> 
> > We're happy to say that Debian doesn't tend to ship software that
> > sucks - but you want the freedom to do so, and let others do so. And I
> > understand that. :-)
> 
> Here's an idea: a source package that builds either Thunderbird for
> Debian or Lightningferret, a trademark-free version -- and defaults to
> the latter, except on Debian autobuilders.  The real source to build
> the Thunderbird for Debian version is there, and it's a trivial
> switch.  But the work of producing a free-to-suck version is already
> done.
> 
> For reasons I can't fully articulate, I don't think that's a good
> idea: source packages should be the plain and simple source of the
> binaries produced.  But I'm curious whether it would be accepted as
> Free by debian-legal.

What the package actually does is orthogonal to what rights are available,
other than the former being bounded by the latter (at least we hope it
is). If those rights are not available - under the same terms - to our
downstreams (be they users, custom distros... whatever), then by the spirit
of DFSG #8 (at least IMO), we shouldn't be able to make use of them either.

Beyond that, alternate package building paths for reasons other than
purely technical (debug libraries and the like) are just a Bad Idea. If it
isn't of use to build a Debian package - or to let anyone else build the
exact same package and distribute it just as we do - then, as a rule, it
shouldn't be in the package; it's cruft.
-- 
Joel Aelwyn <[EMAIL PROTECTED]>   ,''`.
 : :' :
 `. `'
   `-


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