Re: Question regarding QPLed plugins for a GPLed app

2005-03-18 Thread MJ Ray
Ben Burton <[EMAIL PROTECTED]> wrote:
>   http://lists.kde.org/?l=kdevelop-devel&m=02280128853&w=2
> I received the following response, claiming that dlopened plugins do not
> need to be GPL-compatible:

As described on the GPL FAQ linked from the page above, this is
a borderline case. If the kpart and other programs don't need any
internal knowledge of each other during authoring, compilation or
execution, I'd argue that the undistributable derivative work is
only created after run-time. Beyond that, it needs more knowledge
of KDE's workings than I have.

-- 
MJR/slef
My Opinion Only: see http://people.debian.org/~mjr/
Subscribed to this list. No need to Cc, thanks.


-- 
To UNSUBSCRIBE, email to [EMAIL PROTECTED]
with a subject of "unsubscribe". Trouble? Contact [EMAIL PROTECTED]



Re: Combining GPL and BSD/CeCILL/whatever

2005-03-18 Thread MJ Ray
Jarno Elonen <[EMAIL PROTECTED]> wrote:
> I'd like to get some clarifications on how to interpret GPL's 
> derivations-must-also-be-licensed-under-GPL feature and similar demands in 
> other licenses. Namely: [...]

Please try http://www.gnu.org/licenses/gpl-faq.html first.

> My understanding is that the often told "you may relicense BSD-new code under 
> GPL" doesn't actually mean "you may wipe away the BSD license text and put 
> GPL in its' place (along with the copyright notices)" but instead "you may 
> amend the BSD-new license with (e.g.) GPL's extra restrictions, hence, making 
> it effectively GPL'd"? Also, have I understood correctly, that the package 
> should contain *both* license texts (or references to them) along with a list 
> stating which parts fall under which license?

I think you need to ask: What is copyright? I was told that it's
a right, a property created by creative work. It is attached
to the output of that action (what we usually call "the work"
here), but it is not that output: it's intangible itself.
At http://www.eff.org/IP/?f=copyright_law.paper.txt there's a
bit about "What is copyright?" which is along these lines.

So, you can license your copyright, the result of any creative
work you put into the software, with any compatible license,
but the copyright to the original work remains under its original
licence, no matter what you do. You still have to satisfy any
conditions for accessing the copyright to that work, and people
can take that bit and discard the stuff covered by your copyright
if they want. See the GPL FAQ question about extracting a public
domain part from a GPL-covered work. I think that covers your
next two questions too.

How clear you have to be about which parts have which copyrights
attached depends on the licences, I think.

Interpretations are often a bit dangerous to rely upon, so I
won't answer the last two questions.

I'm not a lawyer. Find better advice before doing anything which
might even possibly be copyright infringement. ;-)
-- 
MJR/slef
My Opinion Only: see http://people.debian.org/~mjr/
Subscribed to this list. No need to Cc, thanks.


-- 
To UNSUBSCRIBE, email to [EMAIL PROTECTED]
with a subject of "unsubscribe". Trouble? Contact [EMAIL PROTECTED]



Re: Question regarding QPLed plugins for a GPLed app

2005-03-18 Thread Anthony W. Youngman
In message <[EMAIL PROTECTED]>, Ben Burton 
<[EMAIL PROTECTED]> writes
Hi,
I'm currently involved in a discussion on kde-core-devel regarding the
use of a QPLed plugin that is dlopened within a GPLed application.  For
details:
 http://lists.kde.org/?l=kdevelop-devel&m=02280128853&w=2
I received the following response, claiming that dlopened plugins do not
need to be GPL-compatible:
> Given that the QPL is GPL-incompatible, this raises issues for GPLed
> programs that wish to use this kpart.  I believe this at least
> includes quanta and kdevelop (unless I'm mistaken).
kparts are loaded at runtime. It has always been understood in the
community that the license restrictions based on copyright law do not
apply to runtime components. The implications of reinterpreting USC 17
this way are profound. The effects on Java development alone would be
catastrophic.
It is somewhat understood that a deliberate misuse of runtime components
to circumvent copyrights is not allowed, but this is certainly NOT the
case for quanta and kdevelop (you also forgot konqueror). These
applications are designed to load available runtime components solely
on the basis of the services made available. There is no copyright
violation occuring when a user loads a plugin at runtime, particularly
one with a generic interface like a kpart.
Given that the GPL explicitly does not cover use of the software, and 
permits use as required, I would say it's definitely the case that no 
copyright violation occurs when the user loads the component. Assuming 
the main app is GPL, and the plug-in is QPL, the user has legal 
possession of both and therefore the GPL permits their use.
I'd appreciate if debian-legal could offer their advice here as to
whether this situation is allowable or not.
I'm assuming the main app looks in a standard directory for plug-ins, 
and has a standard means of querying the plug-in to find out what it 
does. Provided the main app has no prior knowledge of that particular 
plug-in, I'd say that the main app is an independent work separate from 
the plug-in.

Indeed, while I will be using the LGPL (where this sort of thing doesn't 
matter), as and when I get round to writing the app I'm working on I 
intend to use exactly this technique as a means of separating code and 
dealing with licensing issues.

Okay, so the main app is independent of the plug-in. The next question 
is whether the plug-in is separate from the main app. How much does the 
plug-in know about the main app? Are you only using header files (which 
aren't copyrightable)? Are you linking to any of the main app's 
libraries!? How much does your makefile know about the main app?

Those are the crucial questions, as they determine whether the main 
app's GPL spills over and infects the plug-in. In which case, it becomes 
a copyright violation if you distribute the plug-in as anything other 
than GPL.
Please CC me on replies; I'm not subscribed.
Thanks - Ben.
Cheers,
Wol
--
Anthony W. Youngman - wol at thewolery dot demon dot co dot uk
HEX wondered how much he should tell the Wizards. He felt it would not be a
good idea to burden them with too much input. Hex always thought of his reports
as Lies-to-People.
The Science of Discworld : (c) Terry Pratchett 1999
--
To UNSUBSCRIBE, email to [EMAIL PROTECTED]
with a subject of "unsubscribe". Trouble? Contact [EMAIL PROTECTED]


Draft summary of Creative Commons 2.0 licenses (version 3)

2005-03-18 Thread Evan Prodromou
Hi, everyone. At long last, I've made some final revisions to the draft
summary of the Creative Commons 2.0 licenses. The main changes have
been:

  * Additional phrasing changes due to MJ Ray 
  * Additional phrasing changes due to Francesco Poli 
  * Clear textual recommendations for Creative Commons 
  * Recommendations for trademark restrictions

The summary is also available here:

http://people.debian.org/~evan/ccsummary.txt
http://people.debian.org/~evan/ccsummary.html

Creative Commons has expressed interest in discussing these
recommendations with Debian representatives, with (I believe) the
intention to make the licenses DFSG-free.

I'd like to leave this draft up for a few days, and then put together a
workgroup of ~5 people (including, hopefully, the DPL or some other
official Debian representative, at least in an advisory role) to discuss
these licenses with Creative Commons. I'm thinking this work would
consist of one or two telephone conference calls of less than an hour
each, with possibly some email discussions.

~Evan

=
debian-legal Summary of Creative Commons 2.0 Licenses
=

:Author: Evan Prodromou <[EMAIL PROTECTED]>
:Date: 18 Mar 2005
:Version: 3
:Contact: debian-legal mailing list 
:Copyright: This document is dedicated by the author to the public
domain.

This document gives a summary of the opinion of debian-legal members
on the six licenses that make up the Creative Commons license suite.

About debian-legal
==

Debian [DEBIAN]_ is an operating system consisting entirely of Free
Software. Our definition of "Free Software" is specified in the
Debian Free Software Guidelines [DFSG]_.

debian-legal [LEGAL]_ is a mailing list whose members provide
guidance for the Debian project on, among other things, the
acceptability of software and other content for inclusion in the
Debian operating system. This includes comparing software against
the DFSG to determine if the packages are Free Software. 

From time to time the debian-legal list provides a review of a
well-known software license to express a rough consensus opinion on
whether software released solely under the license would be Free
Software. Although these summaries are not binding, they do provide
some basis for the Debian project to make decisions about individual
packages.

About Creative Commons
==

Creative Commons [CC]_ is an organization "devoted to expanding the
range of creative work available for others to build upon and
share." The organization has created a suite of licenses [LICENSES]_
that content creators can use to specify certain rights that the
public can exercise with respect to a particular work. The licenses
were released in December of 2002 and revised in May of 2004; there
are already over 1 million works released under a Creative Commons
license.

Although Creative Commons explicitly recommends that their licenses
not be used for programs [1]_, works licensed under the Creative
Commons licenses are still of interest to the Debian project. Debian
includes documentation for programs, and many programs included in
Debian use digital data such as images, sounds, video, or text that
are included with the programs in Debian.

The Creative Commons licenses are based on a common framework, but
have a varied number of license elements that can be included to
grant or revoke particular rights. Because of the similarity between
the licenses, this document covers all six of the revised (version
2.0) licenses.

License summaries
=

Attribution 2.0
---

debian-legal contributors think that works licensed solely under the
Creative Commons Attribution 2.0 license [BY]_ are not free
according to the DFSG and should not be included in Debian.

We see the following problems with the license.

Removing References
~~~

Section 4a of the license states, in part,

If You create a Collective Work, upon notice from any Licensor
You must, to the extent practicable, remove from the Collective
Work any reference to such Licensor or the Original Author, as
requested. If You create a Derivative Work, upon notice from any
Licensor You must, to the extent practicable, remove from the
Derivative Work any reference to such Licensor or the Original
Author, as requested.

Per DFSG 3, any licensee should be allowed to make and distribute
modified versions of a work. The above clause allows a licensor to
prohibit modified versions that mention them or reference them.

For example, an author who made a novel available under an
Attribution 2.0 license could give notice to disallow an annotated
version that mentions the author by name or simply as "the author".

A more specific example for Debian would be a programmer who creates
documentation licensed under Attribution 2.0. He could requi

Denied vote and the definition of a DD

2005-03-18 Thread Taral
Quoted with permission:

On Fri, Mar 18, 2005 at 12:17:36AM -0600, Manoj Srivastava wrote:
> On Thu, 17 Mar 2005 22:50:47 -0600, Taral  <[EMAIL PROTECTED]> said: 
> 
> > On Thu, Mar 17, 2005 at 06:15:41PM -0600, Debian Project Secretary wrote:
> >> NOTE: The vote must be GPG signed (or PGP signed) with your key
> >> that is in the Debian keyring.
> 
> > Okay, so whomever maintains the keyring still hasn't updated my
> > key. I can't sign with the key in the keyring, it's expired.
> 
> > Can I send in my vote by mail? If not, what alternate mechanism
> > exists?  If none, please make one. I don't want to be left out of
> > the voting because of someone else's inaction.
> 
>   I'm sorry, but I don't think I can just make up rules. You
>  need to be a DD in good standing in order to vote, and that
>  essentially means having a key in the keyring.

Okay, can someone here maybe suggest a solution? I see nothing in the
Constitution that requires a key in the keyring. In fact, I see no
formal document defining a Developer or the conditions under which one
is or is not one.

Questions to consider:

1. Whence does the requirement for signed votes come from?
2. Who is empowered to change the policy surrounding the voting system?
3. By what authority can the Secretary reject an authenticatable vote
   provided by alternate means? (e.g. notarized document by certified
   mail)
4. What defines who is and is not a Debian Developer?
5. How do I fix my current problem?

-- 
Taral <[EMAIL PROTECTED]>
This message is digitally signed. Please PGP encrypt mail to me.
A: Because it fouls the order in which people normally read text.
Q: Why is top-posting such a bad thing?
A: Top-posting.
Q: What is the most annoying thing on usenet and in e-mail?


pgp3GZFFmEN5H.pgp
Description: PGP signature


Debian License Summaries

2005-03-18 Thread Evan Prodromou
So, this page:

http://www.debian.org/legal/licenses/

...lists some license summaries and makes some statements about whether
the licenses are free or not.

It's not clear to me how these summaries become "official", or at least
posted on that page. Any suggestions? I'll like to get the CC 2.0
licenses summary listed.

~Evan

-- 
Evan Prodromou <[EMAIL PROTECTED]>


signature.asc
Description: This is a digitally signed message part


Re: Debian License Summaries

2005-03-18 Thread Frank Lichtenheld
On Fri, Mar 18, 2005 at 04:34:56PM -0500, Evan Prodromou wrote:
> So, this page:
> 
> http://www.debian.org/legal/licenses/
> 
> ...lists some license summaries and makes some statements about whether
> the licenses are free or not.
> 
> It's not clear to me how these summaries become "official", or at least
> posted on that page. Any suggestions? I'll like to get the CC 2.0
> licenses summary listed.

I set up this page after suggestions from debian-legal. Somehwat after
that a big discussion started on the list whether these summaries make
sense. Noone contacted me after this discussion with a new summary and I
didn't care enough to dig out the result of the discussion, I just
decided the people on debian-legal would surely contact the web team if
they want any changes...

Gruesse,
-- 
Frank Lichtenheld <[EMAIL PROTECTED]>
www: http://www.djpig.de/


-- 
To UNSUBSCRIBE, email to [EMAIL PROTECTED]
with a subject of "unsubscribe". Trouble? Contact [EMAIL PROTECTED]



Re: Denied vote and the definition of a DD

2005-03-18 Thread Don Armstrong
First and formost, this discussion doesn't belong on -legal at all, as
-legal isn't the body responsible for interpreting the constitution.
That's the Secretary's job under 7.1.3. Forwarding to -vote as that
(or possibly -project) is the correct list.

On Fri, 18 Mar 2005, Taral wrote:
> Quoted with permission:
> On Fri, Mar 18, 2005 at 12:17:36AM -0600, Manoj Srivastava wrote:
> > On Thu, 17 Mar 2005 22:50:47 -0600, Taral  <[EMAIL PROTECTED]> said: 
> > > On Thu, Mar 17, 2005 at 06:15:41PM -0600, Debian Project Secretary wrote:
> > >> NOTE: The vote must be GPG signed (or PGP signed) with your key
> > >> that is in the Debian keyring.
> > > Can I send in my vote by mail? If not, what alternate mechanism
> > > exists? If none, please make one. I don't want to be left out of
> > > the voting because of someone else's inaction.
> > 
> > I'm sorry, but I don't think I can just make up rules. You need to
> > be a DD in good standing in order to vote, and that essentially
> > means having a key in the keyring.
> 
> Questions to consider:
> 
> 1. Whence does the requirement for signed votes come from?

Via 7.1.1 and A.6.1

> 2. Who is empowered to change the policy surrounding the voting
> system?

If the change requires a change to the constitution, the Developers
are by an appropriate GR. Otherwise, the Secretary sets the policy.

> 3. By what authority can the Secretary reject an authenticatable
> vote provided by alternate means? (e.g. notarized document by
> certified mail)

By 7.1.1 and A.6.1 again.

> 4. What defines who is and is not a Debian Developer?

Having control of a valid key in the keyring is pretty much the de
facto definition of a Debian Developer.

> 5. How do I fix my current problem?

From /usr/share/doc/debian-keyring/README.gz

 Getting your key into the debian keyring
 
 
 If you are an old debian developer who hasn't uploaded your
 packages for a long time, and your key is not in the keyring,
 send a mail to [EMAIL PROTECTED] explaining the situation,
 and including your public PGP key.
 
 All new maintainers should apply at http://nm.debian.org/, and
 your key(s) will be added to the keyring as part of the admission
 process.


Don Armstrong

-- 
The solution to a problem changes the problem.
 -- Peer's Law

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



Re: Draft summary of Creative Commons 2.0 licenses (version 3)

2005-03-18 Thread Francesco Poli
On Fri, 18 Mar 2005 14:28:24 -0500 Evan Prodromou wrote:

> Hi, everyone. At long last, I've made some final revisions to the
> draft summary of the Creative Commons 2.0 licenses.

Great!  :)

> The main changes
> have been:
> 
>   * Additional phrasing changes due to MJ Ray 
>   * Additional phrasing changes due to Francesco Poli

Wow! Thanks for the credit!  :)

[...]
> Debian [DEBIAN]_ is an operating system consisting entirely of Free
> Software. Our definition of "Free Software" is specified in the
> Debian Free Software Guidelines [DFSG]_.

Maybe you'd better say something along the lines of: 

| Our criteria for "Free Software" are specified in the Debian Free
| Software Guidelines [DFSG]_.

IMHO, with this phrasing, it would be clearer that we think the DFSG
*cannot* be seen as a definition (in the mathematical or legal
meaning of the term)...
They are just *guidelines*, as their very name should make clear.

-- 
  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


pgpyYPHas15Hm.pgp
Description: PGP signature