Re: Request for suggestions of DFSG-free documentation licences

2007-05-27 Thread Ben Finney
Ben Finney [EMAIL PROTECTED] writes:

 The GPL also requires that any derivative work that one distributes
 must be licensed under the GPL terms. This is incompatible with
 taking part of a work under a different license and combining it
 with the GPL work to distribute.

This is true only, of course, if the other license prevents changing
the license of the whole work to GPL. This is the case for FDL, which
is the other license in question in this thread.

-- 
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_o__)  |
Ben Finney


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Re: Bug #383316: Derivative works for songs

2007-05-27 Thread Francesco Poli
On Sun, 27 May 2007 10:21:26 +1000 Ben Finney wrote:

 Matthew Johnson [EMAIL PROTECTED] writes:
 
  what if the recording was of actual people playing actual
  instruments?  You know, like people always used to. How to you
  generate that from 'source' at build time? what _is_ the source?
 
 The preferred form of the work for making modifications to it.
[...]

Exactly what I would have answered.

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Re: Please vet this modified CC license for uploading FoF music to non-free

2007-05-27 Thread Francesco Poli
On Sun, 27 May 2007 14:59:49 +1000 [EMAIL PROTECTED] wrote:

 On 5/27/07, Francesco Poli [EMAIL PROTECTED] wrote:
  On Tue, 22 May 2007 15:31:21 -0400 Jason Spiro wrote:
 
  [...]
   So, I took
   http://creativecommons.org/licenses/by-nd-nc/1.0/legalcode
   and made some changes.
 
  Do you have the permission to create a derivative license of
  CC-by-nd-nc-v1.0 ?
  I don't recall which is the Creative Commons policy on modifying
  their licenses.
 
 CC releases their license texts public domain.
 
 http://creativecommons.org/policies:
 Except where noted otherwise below in our Trademark Policy, all
 content on this site is licensed under a Creative Commons Attribution
 license. We do not assert a copyright in the text of our licenses.

Ah, OK: I stand corrected, then.
Sorry for raising a non-existent issue...


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Re: help with crafting proper license header for a dual-licensing project

2007-05-27 Thread Francesco Poli
On Sun, 27 May 2007 02:43:41 -0700 Don Armstrong wrote:

 On Sun, 27 May 2007, Francesco Poli wrote:
[...]
  Whatever the its origin is[1], the term proprietary is now a
  well-established[2] word used as opposed to free (as in freedom).
 
 And no, it's not a well-established word in that regard. Like many
 terms in the Copyright/Trademark/Patent rights space, it gets missused
 by people who are not familiar with it and haven't bothered to consult
 a dictionary.

If you consult a dictionary you won't find any reference to the FSD or
to the DFSG in the definition of the adjective free.
Please bear in mind that we are talking about technical meanings that
have to be defined in their field: a non-technical dictionary won't
help.
 
 
  Free == grants all the important freedoms (see the FSD or the DFSG)
  Proprietary == non-free
 
 If you mean non-free, just say non-free. Don't use confusing terms
 like proprietary, which belongs on the closed/open axis, not the
 free/non-free axis.

It seems we are talking different jargons here...  :-(

I've sometimes seen the closed/open distinction used to refer to the
availability of source code (which is a necessary, but non-sufficient,
condition for freeness).  More often I see the term open source used
and abused and misused for any kind of meaning, hence I won't comment
any further on it.

I don't see the term proprietary as more confusing than free.
Once they are defined in the context of software freedom, they are
perfectly clear to me.
If, on the other hand, you insist that a dictionary must be consulted,
then you will find many meanings for the term free (including
gratuitous), none of which specifies which freedoms should be granted
over a piece of software in order to call it free software.

Consequently, if you want to avoid any possibility of confusion, you
have to replace the terms proprietary and free with some newly
invented words (weruqilaztic? yuprrsabbbysh? xxawrothent'jasa?
...).  I don't think that would be a good idea.

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Re: help with crafting proper license header for a dual-licensing project

2007-05-27 Thread Don Armstrong
On Sun, 27 May 2007, Francesco Poli wrote:
 On Sun, 27 May 2007 02:43:41 -0700 Don Armstrong wrote: 
  On Sun, 27 May 2007, Francesco Poli wrote:
 [...]
   Whatever the its origin is[1], the term proprietary is now a
   well-established[2] word used as opposed to free (as in freedom).
  
  And no, it's not a well-established word in that regard. Like many
  terms in the Copyright/Trademark/Patent rights space, it gets
  missused by people who are not familiar with it and haven't
  bothered to consult a dictionary.
 
 If you consult a dictionary you won't find any reference to the FSD
 or to the DFSG in the definition of the adjective free.

Of course, but the usage of free there is merely an extension of its
actual english meaning.[1] We use free in our conversations about
licensing and software because of the meaning that it already
posseses, not the other way around.

 Please bear in mind that we are talking about technical meanings
 that have to be defined in their field: a non-technical dictionary
 won't help.

The word proprietary has a perfectly well defined meaning in this
field. It means closed or exclusive. That people mistakenly conflate
it with being non-freeness has little to do with its actual meaning.

Things that are non-proprietary are perfectly capable of being
non-free. See for example the works in non-free for which we actually
have source code. They are clearly not proprietary, but are definetly
not free.

 I've sometimes seen the closed/open distinction used to refer to the
 availability of source code (which is a necessary, but
 non-sufficient, condition for freeness).

It can refer to that, but it can also refer to specifications,
standards, protocols, goods, etc. Exclusivity is nearly a synonym for
proprietary.

 I don't see the term proprietary as more confusing than free.
 Once they are defined in the context of software freedom, they are
 perfectly clear to me.

 If, on the other hand, you insist that a dictionary must be
 consulted, then you will find many meanings for the term free
 (including gratuitous), none of which specifies which freedoms
 should be granted over a piece of software in order to call it free
 software.

English has a great deal of words which have multiple definitions on
which generations of english speakers have agreed upon and/or abused.
The meaning of a word which has multiple definitions is generally
clarified from context, and if not, it's trival to ask.

What you're attempting to do is not comparable; it's inventing new
definitions for words which are not commonly or historically agreed
upon.


Don Armstrong

1: Not surpisingly, the meaning we use is actually the first meaning
in most dictionaries; gratis typically is found farther down.
-- 
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far more convincingly than anything I might say. The panel's labored
effort to smother the Second Amendment by sheer body weight has all
the grace of a sumo wrestler trying to kill a rattlesnake by sitting
on it--and is just as likely to succeed.
 -- Alex Kozinski in Silveira V Lockyer

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


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