Re: Public Domain for Germans

2008-11-04 Thread Paul Wise
On Tue, Nov 4, 2008 at 4:15 PM, Florian Weimer <[EMAIL PROTECTED]> wrote:

> I don't see anything wrong with authors not being able to give up
> their moral rights.  Why do you think this needs fixing?

Some people clearly want to be able to. The OP for example.

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Re: GNU Free Documentation License v1.3

2008-11-04 Thread Josselin Mouette
Le lundi 03 novembre 2008 à 18:28 +0100, Simon Josefsson a écrit :
> 2. VERBATIM COPYING

> You may not use
> technical measures to obstruct or control the reading or further
> copying of the copies you make or distribute.

I wonder how we should consider the fact they did not remove nor
rephrase this obnoxious clause. Back in the FDL discussions, it was
commonly accepted that this was a honest mistake and that it was going
to be fixed in the next version.

Now the next version is here, and it hasn’t been fixed. How many years
will it take before we can chmod -r our directories and close our
drawers?

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Re: GNU Free Documentation License v1.3

2008-11-04 Thread MJ Ray
"Paul Wise" <[EMAIL PROTECTED]> wrote:
> [...] they are still taking comments toward the draft, so make
> sure all relevant comments are sent to the FSF. GFDL 1.3 FAQ, GFDL 2.0
> draft:
> http://www.gnu.org/licenses/fdl-1.3-faq.html
> http://gplv3.fsf.org/fdl-draft-2006-09-22.html

stet is still broken and the Google Summer of Code work is MIA, so
where should comments be sent?

Also, are the discussion committees the same as for the GPLv3, or can
I suggest some new members?

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Re: GNU Free Documentation License v1.3

2008-11-04 Thread Paul Wise
On Tue, Nov 4, 2008 at 11:34 PM, Josselin Mouette <[EMAIL PROTECTED]> wrote:

> I wonder how we should consider the fact they did not remove nor
> rephrase this obnoxious clause. Back in the FDL discussions, it was
> commonly accepted that this was a honest mistake and that it was going
> to be fixed in the next version.
>
> Now the next version is here, and it hasn't been fixed. How many years
> will it take before we can chmod -r our directories and close our
> drawers?

It was mentioned on IRC that this revision is just because the
Wikimedia Foundation wanted it, that they are still drafting the GFDL
2.0 and that they are still taking comments toward the draft, so make
sure all relevant comments are sent to the FSF. GFDL 1.3 FAQ, GFDL 2.0
draft:

http://www.gnu.org/licenses/fdl-1.3-faq.html
http://gplv3.fsf.org/fdl-draft-2006-09-22.html

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Re: Public Domain for Germans

2008-11-04 Thread Bernhard R. Link
* [EMAIL PROTECTED] <[EMAIL PROTECTED]> [081103 19:50]:
> Can I as a German use the following Public Domain-declaration-text,
> if I want the result to be dfsg-free?
>
> I, the creator of this work,
> hereby release it into the public domain.
> This applies worldwide.
> In case this is not legally possible,
> I grant any entity the right to use this work for any purpose,
> without any conditions, unless such conditions are required by law.

I think this is unnecessary complex. If you are afraid of some problems
by a court to interpret this, then in my huble opinion, you should be
more frightened that you gave no terms in German than about some
translation problems between the legal systems.

I'm no layer, have not knowledge in that regard and have not asked
anyone, but I fail to see what a

"I hereby place this work in the public domain."

fails to do. Such a sentence makes it perfectly clear what you want to
achieve. I should be legal in the US and I doubt a German court will
tell someone they used the wrong magic words but interpret the
intention.

Hochachtungsvoll,
Bernhard R. Link
-- 
"Never contain programs so few bugs, as when no debugging tools are available!"
Niklaus Wirth


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Re: Public Domain for Germans

2008-11-04 Thread jfr . fg
>but I fail to see what a

>"I hereby place this work in the public domain."

>fails to do.

In Germany there is no possibility to waive copyright.
You neither can give it to somebody other nor to the public.
So this attention is possibly void, and it's unsure, what a random German court 
would decide.


>It's not clear that “use” is enough; it doesn't specify copy,
>modify, or redistribute rights.

Would this be enough? 

In case this is not legally possible, 
I grant any entity any right, which would require permission of the 
copyright-holder 
including but not limited to use, copy, modify and redistribute this work for 
any purpose, 
without any conditions, unless such conditions are required by law.

or is a simple "If it's not possible, I grant permission for everything" enough?


>If you have the option to decide on a license, it's probably far
>simpler to *retain* copyright as per default, and grant the recipient
>a do-just-about-anything license like the Expat license

Is there any problem with the by default Public Domain Declaration,
if there is a free licence as fallback?



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Re: Public Domain for Germans

2008-11-04 Thread Florian Weimer
* Ben Finney:

> It's not clear that “use” is enough; it doesn't specify copy,
> modify, or redistribute rights. This also doesn't disclaim warranty,
> which might be dangerous for someone distributing programs.

Word on the street is that you can't effectively disclaim warranty
while putting something in the public domain.


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Re: Public Domain for Germans

2008-11-04 Thread Florian Weimer
* Paul Wise:

> On Tue, Nov 4, 2008 at 4:15 PM, Florian Weimer <[EMAIL PROTECTED]> wrote:
>
>> I don't see anything wrong with authors not being able to give up
>> their moral rights.  Why do you think this needs fixing?
>
> Some people clearly want to be able to. The OP for example.

Why wouldn't it be sufficient not to exercise the moral rights?  If
providing comfort to downstream users is the priority, assigning
copyright/exploitation rights to a well-established fiduciary might be
the better option anyway.

PS: What's wrong with using a Mail-Followup-To: header?


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Re: Public Domain for Germans

2008-11-04 Thread Bernhard R. Link
* Florian Weimer <[EMAIL PROTECTED]> [081104 21:29]:
> Word on the street is that you can't effectively disclaim warranty
> while putting something in the public domain.

Well, as we are discussing the German POV, as German you cannot disclaim
warrenty effectively at all as far as I do understand it. (Or to do so
would just be impractical).

Hochachtungsvoll,
Bernhard R. Link


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Re: Public Domain for Germans

2008-11-04 Thread Bernhard R. Link
* [EMAIL PROTECTED] <[EMAIL PROTECTED]> [081104 21:09]:
> >but I fail to see what a
>
> >"I hereby place this work in the public domain."
>
> >fails to do.
>
> In Germany there is no possibility to waive copyright.

You can give licenses. You cannot give up authorship. There is no
direkt translation of "the copyright of a work" that includes all the
aspects (as it is with most terms, not limited to legal ones. But I was
also told by lawyers that there is also no full translation of contract
either, as Vertrag is much less).

So, given that it is an English text which already makes it either void
or necessary to translate it, does anyone have any hint of any kind of
anything that could make the above sentence of

"I hereby place this work in the public domain."

could cause any German judge to be interpreted in any way but that you
want to grant an non-exclusive license of everything possible to everyone?

> You neither can give it to somebody other nor to the public.

You can give the right to copy to someone else. Works can get
gemeinfrei. Everything wanted is possible in a simular way.

> So this attention is possibly void, and it's unsure, what a random German 
> court
> would decide.

I cannot imagine a court to claim that an action someone did willfully
is void because they used the wrong magic words.
(I may imagine a judge do so because someone did not know what they say
because it was English, but if people are able to make grants they did
void by using the wrong words, then lawyers would start using the wrong
words like people cross their fingers behind their back).

Hochachtungsvoll,
Bernhard R. Link
-- 
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Niklaus Wirth


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Re: Public Domain for Germans

2008-11-04 Thread Ben Finney
[EMAIL PROTECTED] writes:

> >If you have the option to decide on a license, it's probably far
> >simpler to *retain* copyright as per default, and grant the
> >recipient a do-just-about-anything license like the Expat license
> 
> Is there any problem with the by default Public Domain Declaration,
> if there is a free licence as fallback?

I don't know of any “default Public Domain Declaration”. There are
countless variations, with none of them being common enough IME to
warrant “default”.

Why have the free license as fallback? I advise you to simplify: Work
*with* the fact that you've got copyright, and license the work
accordingly.

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Re: Public Domain for Germans

2008-11-04 Thread Ben Finney
Florian Weimer <[EMAIL PROTECTED]> writes:

> * Ben Finney:
> 
> > It's not clear that “use” is enough; it doesn't specify copy,
> > modify, or redistribute rights. This also doesn't disclaim
> > warranty, which might be dangerous for someone distributing
> > programs.
> 
> Word on the street is that you can't effectively disclaim warranty
> while putting something in the public domain.

References please?

Do you contend that still holds true for works that are licensed
without fee?

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_o__)Waldo Emerson |
Ben Finney


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Header fields and followup address (was: Public Domain for Germans)

2008-11-04 Thread Ben Finney
Florian Weimer <[EMAIL PROTECTED]> writes:

> PS: What's wrong with using a Mail-Followup-To: header?

(That's “header field”. Remember, folks: an email message has, as
specified in RFC 2822, exactly *one* header, consisting of multiple
fields.)

I can see two reasons:

It's non-standard. It is not one of the standard header fields, so its
name should start with ‘X-’, and its implementation is user-defined in
the absense of a standard. The poorly-written document proposing it
http://www.ietf.org/proceedings/98dec/I-D/draft-ietf-drums-mail-followup-to-00.txt>
failed to pass, and expired in 1998, so it's unlikely it will ever
*be* standard.

It's essentially obsolete, at least for the purpose of mailing lists,
since RFC 2369 fields that allow the “reply to list” function are
deployed in essentially every mailing list manager. Let's agitate to
fix the “reply to list” functionality where we find it lacking (I'm
looking at you, Thunderbird) before we agitate for non-standard field
implementations.

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Ben Finney


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Re: Public Domain for Germans

2008-11-04 Thread jfr . fg
> I don't know of any "default Public Domain Declaration". There are
> countless variations, with none of them being common enough IME to
> warrant "default".

"_by_ default", not "default".

> Why have the free license as fallback?
> I advise you to simplify: Work *with* the fact that you've got
copyright, 
> and license the work accordingly.

After all this seems to be the best, 
although I like the Idea to give up copyright.

But if one at example looks at the CC0-legaltext[0], 
and what contortions it has to do to deal with strange laws,
a simple and readable "normal" licence seems much more desirable.

[0]http://labs.creativecommons.org/licenses/zero/1.0/legalcode

Thanks for all for clarifying this issue.


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Re: GNU Free Documentation License v1.3

2008-11-04 Thread Paul Wise
On Wed, Nov 5, 2008 at 3:55 AM, MJ Ray <[EMAIL PROTECTED]> wrote:

> stet is still broken and the Google Summer of Code work is MIA, so
> where should comments be sent?

Commenting works for me and others:

http://gplv3.fsf.org/comments/rt/readsay.html?Query=%20%27CF.NoteUrl%27%20LIKE%20%27gfdl-draft-1%27%20&Order=DESC&OrderBy=id&Rows=

If you need a login, see these:

https://www.fsf.org/register_form
http://www.bugmenot.com/view/gplv3.fsf.org

If your web browser cannot add comments for some reason (sounds pretty
broken if it cannot), you might want to use the contact form:

http://gplv3.fsf.org/contact-info

If your browser doesn't like that form either, try the FSF contact page:

http://www.fsf.org/about/contact.html

[EMAIL PROTECTED] looks like the appropriate email address for
addressing your browser issues and [EMAIL PROTECTED] looks like the
appropriate email address to address license comments to.

If none of these work, the FSF contact page lists +1-617-542-5942 as
the FSF phone number and +1-617-542-2652 as the FSF fax number.

> Also, are the discussion committees the same as for the GPLv3, or can
> I suggest some new members?

No idea, I'm not associated with the FSF. [EMAIL PROTECTED] might be able
to give you that info.

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Re: Public Domain for Germans

2008-11-04 Thread Ben Finney
[EMAIL PROTECTED] writes:

> > Why have the free license as fallback?
> > I advise you to simplify: Work *with* the fact that you've got
> copyright, 
> > and license the work accordingly.
> 
> After all this seems to be the best, 
> although I like the Idea to give up copyright.

So do I. I encourage both of us to continue to agitate for a change in
law in our nations and worldwide so that copyright is *not* the
difficult-to-eradicate default.

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Re: Public Domain for Germans

2008-11-04 Thread Joerg Jaspert
On 11558 March 1977, jfr fg wrote:
> Can I as a German use the following Public Domain-declaration-text,
> if I want the result to be dfsg-free?

> I, the creator of this work, 
> hereby release it into the public domain. 
> This applies worldwide. 
> In case this is not legally possible, 
> I grant any entity the right to use this work for any purpose, 
> without any conditions, unless such conditions are required by law.

You can't make something PD in Germany, that just doesn't work with our
laws.
You should also NOT create new licenses / new words for things, that
makes it just unneccessarily complex, for example if people want to
bundle stuff together. Even if the intention is to give others full
rights to do whatever they want to do with it. Use existing things, the
world has more than enough of it.

The best way for you IMO would be to either use the BSD or MIT/X11 style
license. It will effectively do the same (allow everybody to "use the
work for any purpose").

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AM: Whats the best way to find out if your debian/copyright is correct?
NM: Upload package into the NEW queue.


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