Re: May be non-copyrighted documment included in main?

2005-08-19 Thread MJ Ray
Francesco Poli <[EMAIL PROTECTED]> wrote:
> On 18 Aug 2005 17:37:05 GMT MJ Ray wrote:
> > As such, the permission granted to copy it and use any part with
> > attribution is needed and might be sufficient
> With no permission to modify?

It's a hack, but you can use the part before the word changed and
the part after the word changed, with another word in between. It
would be far far far nicer to hDve explicit permission, but being
allowed to copy parts *might* be sufficient.

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Re: Rules for submitting licenses for review

2005-08-19 Thread MJ Ray
Francesco Poli <[EMAIL PROTECTED]> wrote:
> Trying other 'forums' will probably produce a *different* answer.
> We use the DFSG as the guidelines to determine if a work is free or not.
> Other groups/foundations/projects use *different* criteria.

Maybe, but there's not really much difference in result most times.

> I'm referring to well-known cases such as Debian and FSF disagreeing
> about the GFDL, and similar ones.

Do they? FSF don't claim it's a free software licence, but that the
desire for it to be one isn't sensible (or something like that).

Anyway, yes, non-program licences and patent-related problems are
things where debian-legal has a slightly different opinion to FSF
leadership, but most aren't about those, licence proliferation is
bad and we've done "what licence for text" to death in the archive.

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Re: May be non-copyrighted documment included in main?

2005-08-19 Thread Humberto Massa Guimarães
** MJ Ray ::

> Francesco Poli <[EMAIL PROTECTED]> wrote:
> > On 18 Aug 2005 17:37:05 GMT MJ Ray wrote:
> > > As such, the permission granted to copy it and use any part with
> > > attribution is needed and might be sufficient
> > With no permission to modify?
> 
> It's a hack, but you can use the part before the word changed and
> the part after the word changed, with another word in between. It
> would be far far far nicer to hDve explicit permission, but being
> allowed to copy parts *might* be sufficient.

Nope. There are other kinds of transformation that configure derivative
works: translation to other languages is one of them, and it does not
involve copying parts at all.


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Massa


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Re: May be non-copyrighted documment included in main?

2005-08-19 Thread Sean Kellogg
On Friday 19 August 2005 06:47 am, Humberto Massa Guimarães wrote:
> Nope. There are other kinds of transformation that configure derivative
> works: translation to other languages is one of them, and it does not
> involve copying parts at all.

Translation is certainly considered copying.  The text isn't the issue, it's 
the expression that is being copied.  What you seem to be talking about is 
"literal copying".  But in the eyes of the law, translation is considered 
copying of the underlying expression.

-Sean

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UW Service & Activities Committee Interim Chair 
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Re: May be non-copyrighted documment included in main?

2005-08-19 Thread Humberto Massa Guimarães

** Sean Kellogg ::
> On Friday 19 August 2005 06:47 am, Humberto Massa Guimarães wrote:
> > Nope. There are other kinds of transformation that configure
> > derivative works: translation to other languages is one of them,
> > and it does not involve copying parts at all.
> 
> Translation is certainly considered copying.  The text isn't the
> issue, it's the expression that is being copied.  What you seem to
> be talking about is "literal copying".  But in the eyes of the
> law, translation is considered copying of the underlying
> expression.
> 
> -Sean

Sean, it may be that we are in different tunes because of our
different jurisdictions here (I know you are a law student). But
down here, non-automated translation is *not* considered copy...
it's a transformation that generates a derivative work. Now, your
_automated_ (gcc, babelfish) translation is considered a copy, but I
was going for the non-automated type. And the DFSG require the
possibility of making derivative works.

--
Massa



Re: May be non-copyrighted documment included in main?

2005-08-19 Thread Sean Kellogg
On Friday 19 August 2005 08:05 am, Humberto Massa Guimarães wrote:
> Sean, it may be that we are in different tunes because of our
> different jurisdictions here (I know you are a law student). But
> down here, non-automated translation is *not* considered copy...
> it's a transformation that generates a derivative work. Now, your
> _automated_ (gcc, babelfish) translation is considered a copy, but I
> was going for the non-automated type. And the DFSG require the
> possibility of making derivative works.

I understand that you are discussing non-automated translations.  You are 
talking about situations where the translater is adding something to the work 
(the mental work necessary to keep the meaning between languages), which is 
the very definition of a derivative work (the work +/- something different).  
But like I said, the law in the States (and this may not be the case 
elsewhere) is that when you create a derivative work you are engaged in some 
kind of copying.  Whether that copying literal or ephemeral, it's all 
copying.  This actually leads to a unique situation where if you have a 
tangible copy of something and modify the tangible copy, you have not 
actaully made a derivative work (no copying) and thus avoid infringment (case 
is Lee v. Art).  

But to be honest, I have no idea how this relates to this thread...  I just 
thought I'd share :)

-Sean

-- 
Sean Kellogg
3rd Year - University of Washington School of Law
Graduate & Professional Student Senate Treasurer
UW Service & Activities Committee Interim Chair 
w: http://www.probonogeek.org

So, let go
 ...Jump in
  ...Oh well, what you waiting for?
   ...it's all right
    ...'Cause there's beauty in the breakdown



Re: Rules for submitting licenses for review

2005-08-19 Thread Francesco Poli
On 19 Aug 2005 07:28:20 GMT MJ Ray wrote:

> Francesco Poli <[EMAIL PROTECTED]> wrote:
> > Trying other 'forums' will probably produce a *different* answer.
> > We use the DFSG as the guidelines to determine if a work is free or
> > not. Other groups/foundations/projects use *different* criteria.
> 
> Maybe, but there's not really much difference in result most times.

I'm not so sure...  :-(
See MPL, QPL, GFDL, CC-by, CC-by-sa, ...
in http://www.gnu.org/licenses/license-list.html
See MPL, QPL, ...
in http://www.opensource.org/licenses/index.html

> 
> > I'm referring to well-known cases such as Debian and FSF disagreeing
> > about the GFDL, and similar ones.
> 
> Do they? FSF don't claim it's a free software licence, but that the
> desire for it to be one isn't sensible (or something like that).

Granted.
But when the question is "is the GFDL a license suitable to release free
documentation?" their answer is very different from our...  :-(

> 
> Anyway, yes, non-program licences and patent-related problems are
> things where debian-legal has a slightly different opinion to FSF
> leadership, but most aren't about those, licence proliferation is
> bad and we've done "what licence for text" to death in the archive.

We have so *few* DFSG-free non-programs, that I don't consider this as a
minor issue...
I'm worried about this possible scenario:

* a user comes to us seeking for license analysis or recommendation
* we tell her "if you are not talking about a Debian (prospective)
package, go away"
* she finds another 'forum' and follows their analyses and
recommendations
* sooner or later she becomes an author and writes something useful
* she chooses the license based on what she was recommended
* many other people contribute to her work
* an RFP or ITP is filed against that work in the Debian BTS
* it's time for debian-legal to check the license
* ouch! the work does not comply with the DFSG: must be rejected from
main
* it's too late to persuade people to relicense: another work is lost


Maybe we could have talked to her earlier in this process...  :-( 

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Re: May be non-copyrighted documment included in main?

2005-08-19 Thread Andrew Suffield
On Fri, Aug 19, 2005 at 08:17:21AM -0700, Sean Kellogg wrote:
> But like I said, the law in the States (and this may not be the case 
> elsewhere) is that when you create a derivative work you are engaged in some 
> kind of copying.

AFAIK this quirk is unique to US law. Commonwealth and EU law are both
structured differently.

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