Re: Java3D license incompatible with DFSG?

2012-09-16 Thread Christofer C. Bell
On Sun, Sep 16, 2012 at 2:58 AM, Bernhard R. Link brl...@debian.org wrote:
 * Eric Smith e...@brouhaha.com [120915 20:38]:
 I quoted from the Sun license on Java3D:
 * You acknowledge that this software is not designed, licensed or
 * intended for use in the design, construction, operation or
 * maintenance of any nuclear facility.
 Steve Langasek wrote:
 This is a standard No warranty clause wrt nuclear facilities in
 the US. It is not a restriction placed on the use of the software
 in nuclear facilities by the copyright holder, it is a CYA
 statement that the software has not been approved *by the
 government regulatory agencies* for use in nuclear facilities in
 the US. Warranty disclaimers are fine under the DFSG.

 While that may[*] have been the intent, it specifically states that
 the software is not [...] licensed. It is explicitly stating that
 Sun was not granting the BSD license, or any other license, to those
 in that field of endeavor. Since the license is the only thing that
 grants permission to make copies of the software, those in that
 field of endeavor are not permitted to make copies.

 If they are explicitly stating they were not granting a license, why
 did they grant a license just in the lines before that? There is no
 restriction in the whole license text w.r.t. this field of endeavor.
 Only a statement that one should know that the software is not
 designed, licensed or intended for use there.

And right there is where we stop.  The software is not licensed for
use in a nuclear facility.  You have no grant of license in that
context and may not use the software in that context.  Any use of the
software in a nuclear facility is forbidden as you are not licensed to
use it there.   This is discrimination against a field of endeavor
(work in a nuclear facility) and is not DFSG Free.

As for copyrights being granted by licenses, that's the very
foundation of the GPL.  General Public License.  It is a grant of
copyright as long as you adhere to the license terms.

-- 
Chris


-- 
To UNSUBSCRIBE, email to debian-legal-requ...@lists.debian.org
with a subject of unsubscribe. Trouble? Contact listmas...@lists.debian.org
Archive: 
http://lists.debian.org/caoevnyuc0r1soestzxpj5ywya+eh0iqyj5pudcdq6ot0v9s...@mail.gmail.com



Re: New package algol68toc: terms of the copyright.

2012-09-15 Thread Christofer C. Bell
On Wed, Sep 12, 2012 at 8:51 AM, Paul Tagliamonte paul...@debian.org wrote:
 On Wed, Sep 12, 2012 at 09:44:17AM -0400, Paul Tagliamonte wrote:
 On Wed, Sep 12, 2012 at 01:59:13PM +0100, Sian Mountbatten wrote:
  Dear List
 
  Please find attached a copy of the copyright in all the source files
  of the algol68toc compiler.
  You will note that the licence accords with the DFSG. I am of the
  opinion that the compiler
  package could go into the main Debian distribution.
 
  Please confirm.

 Sadly, I don't think we can :)

 INAL, so someone feel free to call me wrong. Comments inline.

 I'll call me wrong:

 09:31  Ganneff svuorela: name the/a organisation, not your name. org:
  freedom fighters, inc. done. :)

 09:31  Ganneff it doesnt want YOUR name, it wants A name for changes.
  i dont see a problem in that. just make it consistent

 Comments retracted.

I'd not be so quick to retract those comments!  I agree it fails the
dissident test.  One is not able to contribute anonymously.  You must
identify the organization you are a part of (and what is an
organization, anyway?).  And what do you do if you're not part of an
organization?  Are you required to identify yourself?

If one must identify themselves a part of freedom fighters, inc.
they open themselves to their changes being traced back to them along
with a flag on them saying, I'm a freedom fighter.  If they are not
part of an organization, but other  freedom fighter organizations
are a part of the project, they become tied to those (perhaps, in the
eyes of the government) through their explicit association with the
project.

I think this clause in the license absolutely fails the dissident test
because there is no way for someone to contribute anonymously, and, on
the face of it, no way to contribute without being a member of an
organization, a term the license fails to define.

-- 
Chris


-- 
To UNSUBSCRIBE, email to debian-legal-requ...@lists.debian.org
with a subject of unsubscribe. Trouble? Contact listmas...@lists.debian.org
Archive: 
http://lists.debian.org/caoevnyskad-_wy7cq7zzdnp2_5akn0soxcvjg2hexpe498f...@mail.gmail.com



Re: Non-free postscript code in EPS image

2012-08-04 Thread Christofer C. Bell
On Thu, Aug 2, 2012 at 2:39 AM, Ben Finney ben+deb...@benfinney.id.au wrote:

 Bart Martens ba...@debian.org writes:

  On Tue, Jul 31, 2012 at 01:29:52PM -0700, Steve Langasek wrote:
   The sensible *default* assumption is that when an upstream asserts
   that the license on their work is $foo, they know what they're
   talking about
 
  Yes, on their work.
 
   even when portions are copyright other people/entities.
 
  No, this is not a sensible default assumption.

 I agree with the distinction Bart is drawing here.


While that distinction may hold in the general case, it is nonsensical
in this case.  It is nonsensical to assume, by default, that an EPS
image produced by Adobe Illustrator cannot be distributed in whatever
manner the creator desires unencumbered by any copyright assertions by
Adobe on embedded PostScript.

In fact, this FAQ entry from Adobe's site[1] implies redistribution of
user created content:

What is Adobe® Illustrator® CS6 and who is it for?

Adobe Illustrator CS6 is the industry-standard vector graphics
software, used worldwide by designers of all types who want to create
digital graphics, illustrations, and typography for all kinds of
media: print, web, interactive, video, and mobile.

[1] http://www.adobe.com/products/illustrator/faq.html

Take this sample document I crated in Microsoft Word for Mac 2011:

athena:Documents cbell$ strings Manuscript\ Template.docx | grep opy
Copyright 2007 Apple Inc., all rights reserved.
athena:Documents cbell$

Are we honestly to believe that this document, the authorship of which
is entirely mine, cannot be redistributed by me because Apple holds a
copyright to it?  That makes no sense whatsoever.

--
Chris


--
To UNSUBSCRIBE, email to debian-legal-requ...@lists.debian.org
with a subject of unsubscribe. Trouble? Contact listmas...@lists.debian.org
Archive: 
http://lists.debian.org/caoevnytahgldy849yj9+uc6h8hrxefkx_vzvd5awklxg-pt...@mail.gmail.com



Re: `free' in GNU and DSFG?

2012-06-08 Thread Christofer C. Bell
On Fri, Jun 8, 2012 at 12:10 AM, Andrei POPESCU
andreimpope...@gmail.com wrote:
 On Vi, 08 iun 12, 10:58:48, Hiroki Horiuchi wrote:

 After reading your words, now I think The Free Software Definition is
 really permissive, but this very *permissiveness* made GNU's definition
 insufficient for Debian Project.

 Not in my opinion. Take the example of the GFDL: a document with
 invariant sections does not have freedom 3. AFAIR the FSF's stance is
 that documentation is not software.

 Debian's stance is that a truly free software also has free
 documentation[1] and the GPL can and should be used for that as well (or
 at least not use the restrictive options of the GFDL)[2][3]

Here's the relevent section directly from the GFDL[5]:


A Secondary Section is a named appendix or a front-matter section of
the Document that deals exclusively with the relationship of the
publishers or authors of the Document to the Document's overall
subject (or to related matters) and contains nothing that could fall
directly within that overall subject. (Thus, if the Document is in
part a textbook of mathematics, a Secondary Section may not explain
any mathematics.) The relationship could be a matter of historical
connection with the subject or with related matters, or of legal,
commercial, philosophical, ethical or political position regarding
them.

The Invariant Sections are certain Secondary Sections whose titles
are designated, as being those of Invariant Sections, in the notice
that says that the Document is released under this License. If a
section does not fit the above definition of Secondary then it is not
allowed to be designated as Invariant. The Document may contain zero
Invariant Sections. If the Document does not identify any Invariant
Sections then there are none.


[5] http://www.gnu.org/copyleft/fdl.html

Basically, only Secondary sections can be invariant and Secondary
sections can only outline the original author's connection to the
subject matter, it can't contain any subject matter text at all (such
inclusion is prohibited).  I cannot think of a case where someone
modifying the document would, when acting in a good faith manner, want
to alter this text.  Any alteration to this kind of text is,
essentially, putting words in the mouth of the author.  I do
understand the Debian position, but I feel it's a solution looking for
a problem.

That said, I think the biggest unintended side-effect of Debian's
position (and it's an ironic one) is that in this drive for purity,
users are now *encouraged* to enable contrib and non-free in order to
get access to documentation for their systems.  The original intent
was to bring cover Debian in an umbrella of purity with regards to
Freedom, and the result is to encourage users to reject the Freedom
offered through use of the main repository only in order to obtain
something as basic as system documentation.

Based on what is allowed in an invariant section, I can't see
modification of those sections being ethical.  I don't know, however,
if they can be removed entirely (it would be reasonable to remove them
if allowed, in my opinion).  The license does indicate that a GFDL
covered document might not contain any invariant sections -- would a
GFDL document that has no invariant sections be considered Free under
the current Debian guidelines?  Or does the use of the GFDL at all
automatically make the entire document non-free?

 [1] a complex software for which the only documentation is the source
 code is not very useful and there is no reason why the same liberties
 should not apply to documentation

Those liberties do apply to the documention, as the parts of a GFDL
document that actually document the software can never be declared
invariant.  That is forbidden by the license.  See the example from
the license itself: a textbook on mathematics cannot contain any
mathematics in a secondary section, and only secondary sections may be
invariant.

 [2] for an entity that preaches non-proliferation of licenses FSF has
 created quite a few...

They have 4 licenses, all of which seem to serve a unique and
necessary role:  GPL, LGPL, AGPL, and GFDL.

 [3] before anyone here wants to argue that the GPL is meant for software
 only they should read it[4]

Reading it or not, the author of the license has indicated that's his desire.

-- 
Chris


-- 
To UNSUBSCRIBE, email to debian-legal-requ...@lists.debian.org
with a subject of unsubscribe. Trouble? Contact listmas...@lists.debian.org
Archive: 
http://lists.debian.org/caoevnyvb1vxscitqvfekkkcnpcucnn6v9zvgu8eg_oe3+x9...@mail.gmail.com



Re: Minimized JavaScript in upstream tarball

2012-04-26 Thread Christofer C. Bell
On Thu, Apr 26, 2012 at 1:34 PM, Dmitry Nezhevenko d...@inhex.net wrote:

 Upstream distributes in both source and minimized forms:

 http://masonry.desandro.com/jquery.masonry.min.js
 https://github.com/desandro/masonry/blob/master/jquery.masonry.js

 How this particular file should be handled? The only idea I've is to
 remove this file in my get-git-snapshot-source step and download right
 one instead.

I don't see anything wrong with either file.  It's under an MIT (i.e.;
free) license and it's human readable source code.  It's not even
obfuscated -- it's just missing whitespace.  I ran the obfuscated
version through JSBeautifier[1] and got something that looks like the
non-obfuscated version[2].

[1] http://jsbeautifier.org/
[2] http://paste.debian.net/165689/

While it may be ugly, it's certainly easy to clean up.  I don't know
if there are any pretty printers in Debian for JavaScript but someone
with a text editor can easily re-insert the whitespace without too
much trouble.  How does this obfuscation (I use quotes because I
don't believe it's obfuscated) prevent its inclusion in Debian
directly?  Why does special consideration need to be made for this
file?

-- 
Chris


-- 
To UNSUBSCRIBE, email to debian-legal-requ...@lists.debian.org
with a subject of unsubscribe. Trouble? Contact listmas...@lists.debian.org
Archive: 
http://lists.debian.org/caoevnyt2s-be64xfi0-4kue2pat14f7yrdmdj1hxfd6ybg9...@mail.gmail.com



Re: Creative Commons 4.0 BY-NC-SA draft available

2012-04-09 Thread Christofer C. Bell
On Mon, Apr 2, 2012 at 12:17 PM, Paul Wise p...@debian.org wrote:
 Sadly Creative Commons are still peddling non-free licenses :(

 https://lwn.net/Articles/490202/

Why do you find this sad?  There are licenses needed for things other
than free software.

-- 
Chris


-- 
To UNSUBSCRIBE, email to debian-legal-requ...@lists.debian.org
with a subject of unsubscribe. Trouble? Contact listmas...@lists.debian.org
Archive: 
http://lists.debian.org/CAOEVnYsM4bnfrncBg_9yEj4h8Zow=5F=bmxlnhugrx4lk7o...@mail.gmail.com



Re: Patents and Multimedia codecs in Debian

2012-03-28 Thread Christofer C. Bell
2012/3/28 Raj Mathur (राज माथुर) r...@linux-delhi.org:
 On Wednesday 28 Mar 2012, Simon McVittie wrote:
 On 28/03/12 07:40, Alexey Eromenko wrote:
  The Debian project includes a number of patent-encumbered
  Multimedia codecs

 As mentioned in Debian's patent policy
 http://www.debian.org/legal/patent point 3, please refrain from
 posting patent concerns publicly or discussing patents outside of
 communication with legal counsel, where they are subject to
 attorney-client privilege.

 Transparency and public discussion are usually good things, but
 patents are an area where they can be harmful.

 Sorry, that just doesn't make sense.  In essence, that is foreclosing
 all peer-to-peer discussion about patents in the context of Debian.

 I happen to be from a state that doesn't recognise software patents, and
 fail to see why the spectre of fear created by one single country should
 proscribe all free and open discussion and education about an issue that
 eventually (through Debian distributions) affects us all.

It's not just one country, though[1].  While the spectre of fear may
originate in the United States (and that's debatable) the infection
has spread across the globe.

[1] http://en.swpat.org/wiki/Countries_and_regions

-- 
Chris


--
To UNSUBSCRIBE, email to debian-legal-requ...@lists.debian.org
with a subject of unsubscribe. Trouble? Contact listmas...@lists.debian.org
Archive: 
http://lists.debian.org/caoevnytbwhgwtbb_k537w9akbskjzceafj3t_ts17pke3_m...@mail.gmail.com



Re: Bug#666010: ITP: nvidia-texture-tools -- image processing and texture manipulation tools

2012-03-27 Thread Christofer C. Bell
On Tue, Mar 27, 2012 at 6:46 PM, Lennart Weller l...@ring0.de wrote:
 Am 28.03.2012 01:01, schrieb Ben Hutchings:

 Since you've accepted as fact that this software infringes those
 patents, it looks like you're about to violate item 1 of the Debian
 patent policy.

 Ben.

 S3TC is not actively enforced by S3. And I took this thread [1] as a
 reference to create the ITP anyway. According to this thread from 2010
 there are at least three other projects already using the S3TC
 algorithms. And there is more than one project which depends on this
 package. e.g. 0ad and wine

 [1] http://lists.debian.org/debian-legal/2010/12/msg00062.html

I think Ben's point is that the Debian Patent Policy[1] was published
on February 19, 2012, and therefore would supersede any previous
consensus regarding the inclusion of patent encumbered software where
the included patents are not being actively enforced.

Personally, I agree with the posters in the thread you cited[2].  If
this is going to be the project's official position, it may as well
close shop.

[1] http://www.debian.org/legal/patent
[2] http://lists.debian.org/debian-legal/2010/12/msg00062.html

P.S. My apologies to those who may be seeing this on debian-user as
well.  I accidentally posted my reply there by mistake.  I am posting
it here, as well, for the benefit of those who are not on debian-user.

-- 
Chris


-- 
To UNSUBSCRIBE, email to debian-legal-requ...@lists.debian.org
with a subject of unsubscribe. Trouble? Contact listmas...@lists.debian.org
Archive: 
http://lists.debian.org/CAOEVnYuqfUgTm=a__x6eei2p+zktxuy1qxfawzo7zrmxfxr...@mail.gmail.com



Re: license question

2012-03-17 Thread Christofer C. Bell
On Sat, Mar 17, 2012 at 3:13 AM, Timo Juhani Lindfors
timo.lindf...@iki.fi wrote:
 Jérémy Lal kapo...@melix.org writes:
 If i can tell the author here's a known license that fits your needs,
 i can consider i answered him.

 That's difficult since I'm not quite sure what he really wants. Is

What he really wants is to be obtuse.  Just read his responses to
commenters on that page.  If, through his obstinance, he's not going
to freely license his software, then do ask he asks and,

[Sit] down and [think] about the problem for an hour or less, [and] probably
come up with exactly [his] solution.

He's not worth bothering with.  Just re-impliment whatever it is he's
done, license it properly, and move on.

-- 
Chris


--
To UNSUBSCRIBE, email to debian-legal-requ...@lists.debian.org
with a subject of unsubscribe. Trouble? Contact listmas...@lists.debian.org
Archive: 
http://lists.debian.org/caoevnys7amd6d1sntpdvkb39-j5unoxyurqjbowelbtnv9r...@mail.gmail.com



Re: Nuitka - GPLv3 plus contribution copyright assignment

2012-01-05 Thread Christofer C. Bell
On Thu, Jan 5, 2012 at 9:37 AM, Kay Hayen kayha...@gmx.de wrote:

 Hello Tanguy,


     Although you are free to sell this program according to the terms of
     the GPLv3, I would not like that, and this is why I chose this
     license, that should make most attempts of doing so non-viable.
     [or whatever similar text you may want to write]

 Since such a statement does not require anything, I think it should not
 render your program non-free, just programs suggesting that the user may
 thank the author by buying him a beer are free as long as this is a
 suggestion and not a requirement.


 The interesting part is contribution copyright assignment. I actually do
 _not_ want Nuitka to have to stay GPLv3 when it's ready. Then I
 _definitely_ want it to have another license, with ASF2.0 being the
 current front runner.

I'm not a fan of copyright assignment, and would like to find (if
possible) a solution that gives you what you need without requiring
it.  Requiring copyright assignment allows you to pull an Oracle.  I
mean no offense by that and I hope you understand my intent in saying
that.

Would it be possible to have, instead, a contributor agreement that
allows contributors to retain copyright while at the same time
granting you a non-transferable, non-revokable, exclusive right to
relicense their contribution under the ASF2.0 license at a time of
your choosing?  This allows contributors to know what they're getting
into.  It allows you to transition smoothly from GPLv3 to ASF2.0 when
you feel the time is right, while allowing contributors the comfort
of retaining copyright to their code, knowing that they will not later
face all their work being swallowed up as in, for example,
OpenSolaris.

This grant to you would be non-revokable (for your comfort) and
non-transferrable (for the contributor's comfort).  It would be
exclusive to you as an agreement between you and the person submitting
code to you.  Is this sort of thing even workable?  I'd be interested
in the opinions d-l at large, as well.

-- 
Chris


--
To UNSUBSCRIBE, email to debian-legal-requ...@lists.debian.org
with a subject of unsubscribe. Trouble? Contact listmas...@lists.debian.org
Archive: 
http://lists.debian.org/CAOEVnYtpjzzZaP3F7QfXPeDi6mONH9muh0ifnb=eoy4y20w...@mail.gmail.com



Re: Are Web-API packages need to be in the 'main' repo ?

2011-12-12 Thread Christofer C. Bell
On Mon, Dec 12, 2011 at 12:46 AM, Alexey Eromenko al4...@gmail.com wrote:

 so... what's the next step ?
 Open bug reports against those 'facebook' packages and ask maintainers
 to move it to 'contrib' repo ?


The next step is there is no next step because this is a non-issue.  A
couple of people want to purge main of any software that's a client for a
non-free web service but this desire, while one could argue it is noble,
misses the point.  The question of freeness or non-freeness in Debian has
to do with licensing, and nothing to do with the uses to which software is
put.  If the program accessing the non-free service is free software, it
goes in main, period.  To require otherwise would require amending the
Social Contract and a General Resolution to adopt the change.

-- 
Chris


Re: Are Web-API packages need to be in the 'main' repo ?

2011-12-12 Thread Christofer C. Bell
On Mon, Dec 12, 2011 at 8:23 AM, Clark C. Evans c...@clarkevans.com wrote:

 On Mon, Dec 12, 2011, at 02:02 AM, Christofer C. Bell wrote:
 | The question of freeness or non-freeness in Debian has
 | to do with licensing, and nothing to do with the uses to
 | which software is put.  If the program accessing the
 | non-free service is free software, it goes in main, period.

 By this logic, should their be a contrib?


I don't see why not.  contrib is for software that meets free licensing
guidelines but requires pulling in software from non-free to work.  It's
due to a dependency internal to the Debian archive as a whole, not an
external reliance on a website or other service.  I do understand where
you're coming from, but I don't agree that accessing an external website
can be construed as the website being a library -- the software within
Debian runs regardless of the website or service being available (is it a
good experience?  Perhaps not!).  The software in Debian is a client of the
service, not a derived work of it.


 Consider a GPL licensed program that attempts to dynamically
 use a non-free web service.  If the non-free component is
 unavailable, it can't run as expected, so it gracefully exits
 with an appropriate message.  This is free?


I do understand but the website or service is external to the Debian
archive.  The division between contrib and non-free is there for software
that ships with the Debian distribution.  It doesn't matter if the external
website or service is free or non-free.  One can argue that aside from
sites licensed under the AGPL (and this is a stretch, since the operator of
the site can take it offline), the entire web is non-free by this logic and
so every network client within Debian should be in contrib.  Regardless of
the service being accessed, the operator of it can take it offline,
effectively breaking the software that's shipping in Debian.

Consider a GPL licensed program that attempts to dynamically
 use a non-free dynamic library.  If the non-free component is
 unavailable, it can't run as expected, so it gracefully exits
 with an appropriate message.  This is contrib?


The dependencies for software in contrib are met by software in non-free.
 This dependency tree and the requirements for what needs to be installed
on the local Debian system for software to work is entirely internal to the
Debian archive and has no relationship to software or services that are not
provided with Debian.


 Either it matters if the program actually works (uses
 to which it is put) or it doesn't.  If it doesn't matter
 if the work actually runs, then Debian shouldn't be making
 the distinction between free and contrib distributions.


Debian does need to make the distinction, because the distinction has to do
with licensing only, not the uses to which software is put.  If you enable
contrib and disable non-free, you'll see how this dependency between the
two works.  You have control over the use of main, contrib, and non-free.
 You do not have control over the external sites and services that are
accessed using Debian software.


 What happens if my application gets smart, it looks first
 for the proprietary dynamic link library; and if it isn't
 there, it uses a web service wrapper for that library?  Would
 this move an application from contrib to free?


This software would not install on a Debian system as software can't
install unless its dependencies are met.  You imply a dependency on a
non-free component for a piece of contrib software.  The software will not
install unless non-free is enabled and the library is present in the
non-free archive.  This situation, while academically interesting, is one
that cannot occur in Debian due to Debian policy.  The proprietary library
will always be present or the free software component simply will not
install.


 | To require otherwise would require amending the Social Contract
 | and a General Resolution to adopt the change.

 I think the emergence of prolific proprietary WebAPIs are
 reason enough for Debian itself to evaluate what it wishes
 to do?  Should Debian treat proprietary works differently
 based solely upon the technology used to access them?


Debian doesn't treat with proprietary works outside of the archive of
software it provides at all.  I do understand where you're coming from and
I agree that in concept it sounds like an interesting idea.  However, I
don't feel it's the right direction for Debian to take.  I think a better
solution is for Debian to relax its update policy and provide things like
Pidgin updates as non-security releases in the event that the external
service (in this case, it was Yahoo! and I got bit by it, too) changes
their protocol(*).  That the service changed their protocol does not in any
way affect the licensing of the previous protocol's implementation in the
Debian provided software.

Again, I think by this logic, the entirety of software included in the
Debian archive that is used

Re: Plugins for non-free software in orig.tar.gz

2010-07-13 Thread Christofer C. Bell
On Tue, Jul 13, 2010 at 12:38 AM, Rudolf Polzer divver...@alientrap.orgwrote:


 I have another such case where I would be upstream. I currently have a
 library
 that I am the only copyright holder of.


If you're the sole copyright holder, you can do whatever you like with the
code.  The license is 100% irrelevant as concerns anything you are doing
with the code.


 Do I then get into trouble with the GPL, as the source tarball contains
 code
 that links to non-GPL compatible code?


You can't get in trouble for anything you do with your own code to which you
own the copyright.  You only run into issues when you do something with code
someone else holds copyright to.  In this case, you're free to link OpenSSL
against your own software, that belongs to you, to which you own the
copyright.


 This BTW affects the FreeBSD project too


The FreeBSD Foundation is free to do whatever they like with code they own
the copyright to.  They must adhere to any licenses for code they include in
FreeBSD for which they do not own the copyright.

-- 
Chris


Re: Difference between license in files and in COPYING file

2010-02-13 Thread Christofer C. Bell
On Sat, Feb 13, 2010 at 6:31 PM, Ben Finney
ben+deb...@benfinney.id.auben%2bdeb...@benfinney.id.au
 wrote:

 Joachim Wiedorn ad_deb...@joonet.de writes:

  So there is only on step to do: Move d4x into the non-free archive.

 Take care: The fact that a work is non-free does not mean the Debian
 project has license to redistribute it in the ‘non-free’ section. Many
 works are so non-free that they cannot be legally redistributed at all
 by the Debian project.



This part of the license seems to answer that question pretty clearly:

/*  WebDownloader for X-Window
 *
 *  Copyright (C) 1999-2002 Koshelev Maxim
 *  This Program is free but not GPL!!! You can't modify it
 *  without agreement with author. You can't distribute modified
 *  program but you can distribute unmodified program.
 *
 *  This program is distributed in the hope that it will be useful,
 *  but WITHOUT ANY WARRANTY; without even the implied warranty of
 *  MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE.
 */

ie; Not even a Debian Maintainer can modify the software to package it.  So
this software looks like a non-starter for inclusion in Debian, even in
non-free.

-- 
Chris


Re: Is AGPLv3 DFSG-free?

2008-09-01 Thread Christofer C. Bell
On Mon, Sep 1, 2008 at 9:12 AM, Arc Riley [EMAIL PROTECTED] wrote:

 As an American, I cannot export cryptographic software.  As a result, I
 don't work on it.

 That doesn't prevent me from building or modifying software that utilizes
 those components, as those components are imported.

And you're required to offer that modified software to people in
countries where cryptographic software is illegal solely because you
have modified your server software that is using cryptographic code
and allowing them to interact with it (even if said code is not
invoked).

You are importing and using crypto in the US which is perfectly fine.
The AGPLv3 requires you to re-export that code in the event that you
modify server software using it -- even if exporting crypto is illegal
for you.  The GPL (all versions) does not place this requirement on
you.  You are free to import server software using crypto, modify it,
and make that software available for interaction over a network
without being required to re-export the software and thus the crypto
it contains.

As the AGPLv3 will force you, from the United States, to offer
cryptographic software for export in the event that you modify server
software using it and (make that software available for interaction
over a network), it is forcing you to violate US law.

I believe this is the point that Miriam Ruiz is making.

Wether this is a problem or not is not something I am commenting on,
however, I will add that I feel expecting Joe Developer to maintain an
IP blacklist in order to avoid violating the law in their home
countries (a solution you have suggested) *is* an onerous requirement.
 In order to make the source available to all users (in the absence of
locking the entire non-US world out of your server), the law will have
to be violated at least once (export/upload of the modified
cryptographic containing source to a repository outside US territory).

-- 
Chris


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



Re: Is AGPLv3 DFSG-free?

2008-08-30 Thread Christofer C. Bell
On Sat, Aug 30, 2008 at 7:08 PM, Bryan Donlan [EMAIL PROTECTED] wrote:
 On Sat, Aug 30, 2008 at 7:09 AM, Francesco Poli [EMAIL PROTECTED] wrote:
 On Fri, 29 Aug 2008 19:15:35 -0400 Arc Riley wrote:

 On Fri, Aug 29, 2008 at 5:56 PM, Francesco Poli [EMAIL PROTECTED]wrote:

 Am I failing to comply with the license?

 First off, are you using the program on the network while on vacation?
 If not, there wouldn't be a violation, would there?

 If you are using it, by my reading you haven't violated the license,
 but cannot modify it further until you come back into compliance.

If the license isn't being violated, what is there to come back into
compliance with?  A need to come back into compliance assumes
non-compliance which assumes a license violation.

-- 
Chris


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



Re: Copy vs. (re)distribute

2008-05-14 Thread Christofer C. Bell
On Tue, May 13, 2008 at 7:04 PM, Ben Finney
[EMAIL PROTECTED] wrote:
 Cyril Brulebois [EMAIL PROTECTED] writes:

 since I've got upstreams (having copied some code from others,
 that's why they aren't spelling it out directly) that aren't
 convinced that having the rights to copy, use, modify is
 insufficient to meet the DFSG.

 This is answered directly by DFSG §3:

3. Derived Works
   The license must allow modifications and derived works, and must
   allow them to be distributed under the same terms as the license
   of the original software.

The confusion seems to be a misunderstanding about the discrete rights
that are under discussion.  These rights are:

* Copy - The right to make duplicates of the work
* Use - The right to access/run/read/etc the work
* Modify - The right to make changes to the work
* Distribute - The right to transfer (modified or not) copies of the
work to others

Let's take Microsoft Windows as an example.  Of the 4 above rights, I
am granted 2 of them by Microsoft.  I have the right to Use the
software, and I have the right to Distribute the software.  I do not
have the right to Copy the software, and I do not have the right to
Modify the software.

What is the implication of this?  If I want to distribute my copy of
Windows, I must satisfy the requirements that I do not modify or copy
it.  In this case, I can do that by transferring all media,
documentation, etc, to someone else, and destroy any copies of it that
I have in my possession. This makes the software non-Free.

Let's take Pine as another example.  I retain the rights to Copy, Use,
and Modify the software, but I do not enjoy the right to Distribute
modified copies of the software, that is retained by the original
authors (and thus why Pine is non-Free).

It is imperative that the right to distribute derived works always
follows the software, along with the rights to copy, use, and modify
it, in order for the software to be Free.

I'm sure my illustrations are overly simplistic, and I'd welcome any
correction.  I'm hopeful, however, that the meaning is clear, and
hopefully clarifies things for your upstream to a reasonable degree.

Disclaimers: IANADD, TINLA, IANAL, TINASOTODP

-- 
Chris


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



Re: KJV Bible - Crown Copyright in UK [was: Bug#338077: ITP: sword-text-kvj -- King James Version with Strongs Numbers and Morphology]

2005-11-11 Thread Christofer C. Bell
On 11/8/05, Lionel Elie Mamane [EMAIL PROTECTED] wrote:
 On Tue, Nov 08, 2005 at 06:03:45PM +, W. Borgert wrote:
  On Tue, Nov 08, 2005 at 06:16:52PM +0100, Lionel Elie Mamane wrote:

  This makes the KJV of the bible non-free in GB and probably even
  illegal to distribute at all in GB, unless the Crown gives a blanket
  license for electronic distribution. Does it?
  ...
  Please investigate this before uploading to Debian.

  According to Christian belief, the bible is the word of God.
  According to Nietzsche (in 1882), God is dead.  So the author of
  the bible is dead since at least 120 years.  How can the copyright
  still hold?

 Your argument is flawed: G-od is the direct author of the *original*
 version of *part* the Bible, namely the Pentateuch. The KJV is a
 derivative work made in the early 1600s.

And your argument is flawed.  God himself didn't directly author any
part of the Bible at all. ;-)  According to Christian doctrine, God
*inspired* various people to write the *entire Bible*.  According to
Jewish doctrine, the same holds true for the Torah.

The KJV of the Bible was originally released in 1611 under the
auspices of King James I (1566-1625, king 1603-1625).   While
purported to be a more or less direct translation, a strong case can
be made that the KJV is more inspired by the original texts and that
it is, indeed, a derived work.  ;-) However, the material from which
it is derived is not covered by any kind of copyright or license at
all, thus the KJV cannot be licensed under the same terms as the
original texts from which it was drawn.

Regardless, religious belief and matters of faith have nothing to do
with copyright law and have no bearing on this discussion.  Assuming
that the KJV is, indeed, non-free in Great Britain, I can't imagine it
would be difficult to get permission from the crown to include it in
Debian. ;-)

--
Chris

`The enemy we fight has no respect for human life or human rights.
They don't deserve our sympathy,' he said. `But this isn't about who
they are. This is about who we are. These are the values that
distinguish us from our enemies.' - Sen. John McCain, R-Arizona



Re: Ubuntu CDs contain no sources

2005-11-09 Thread Christofer C. Bell
On 11/8/05, [EMAIL PROTECTED] [EMAIL PROTECTED] wrote:
 Hello,

 I have asked some CDs from Ubuntu and they have sent me their
 Debian-based distro for free (as in free beer). However, they contain
 GPL-licensed software, including dpkg, but not their sources.

Ubuntu does distribute sources; and in a quite reasonable fashion.

 Or should I consider this a GPL violation? Then, I hope dpkg copyright
 holders inforce their copyright.

You need to find more important things to think about and hope for.

--
Chris

`The enemy we fight has no respect for human life or human rights.
They don't deserve our sympathy,' he said. `But this isn't about who
they are. This is about who we are. These are the values that
distinguish us from our enemies.' - Sen. John McCain, R-Arizona



Re: dual licensing

2005-11-04 Thread Christofer C. Bell
On 11/4/05, Henning Makholm [EMAIL PROTECTED] wrote:
 Scripsit Andrew Donnellan [EMAIL PROTECTED]

  I mean the *developer* must comply with both licenses, eg if you d/l
  under the GPL and MIT, then the developer must still put the written
  offer for source code

 By developer, do you mean copyright holder? He can legally do
 whatever he pleases. In particular, he can offer the general public
 a licence under terms that he does not himself comply with.

Are you saying it's possible for a developer to release GPL covered
software in binary form without releasing the source code as long as
he's the copyright holder?  That sounds awfully bizarre...

--
Chris

`The enemy we fight has no respect for human life or human rights.
They don't deserve our sympathy,' he said. `But this isn't about who
they are. This is about who we are. These are the values that
distinguish us from our enemies.' - Sen. John McCain, R-Arizona



Re: MySQL only useable for GPL clients?

2005-10-13 Thread Christofer C. Bell
On 10/13/05, Alexander Terekhov [EMAIL PROTECTED] wrote:
 On 10/11/05, Martin Koegler [EMAIL PROTECTED] wrote:
 [...]
  At http://dev.mysql.com/doc/internals/en/licensing-notice.html

 Under the laws of the GNU Republic (MySQL district), all works are derived
 (in metaphysical sense) from some other preexisting GPL'd work(s) and hence
 fall under the GPL right from the beginning...

And crack cocaine is free, rainbows are always in the air, and there
is peace in the middle east.  I just read that licensing provision. 
Whomever wrote that was high.

By the logic they've presented, they're breaking the GPL by offering a
non-GPL license version of MySQL that will install and run on a Linux
operating system.  The Linux OS is GPL software, therefore if MySQL is
able to talk to that software using the GPL licensed methods and
syscalls that Linux provides, it is a derived work of Linux and must
also fall under the GPL.  Installations using GPL MySQL code may
continue to do so, but any installations using the commercial
license must cease using the software and uninstall it.

They're all on crack. :-P

--
Chris

`The enemy we fight has no respect for human life or human rights.
They don't deserve our sympathy,' he said. `But this isn't about who
they are. This is about who we are. These are the values that
distinguish us from our enemies.' - Sen. John McCain, R-Arizona



Re: LGPL module linked with a GPL lib

2005-08-03 Thread Christofer C. Bell
On 8/3/05, Jeff Licquia [EMAIL PROTECTED] wrote:
 On Sat, 2005-07-30 at 03:55 -0700, Michael K. Edwards wrote:
  Let me try again.  Eben Moglen has a J. D. from Yale.  
 
 It is.  And, from my perspective, it completely destroys your
 credibility.

What makes your opinion more credible than that of Eben Moglen?  Or am
I missing something here?

-- 
Chris

With the way things are starting to go in this country, if forced to
choose between being caught with a van full of pirated DVDs or heroin
you'd actually have to pause and think about it. -- Michael Bell,
drunkenblog.com



Re: Bug#317359: kde: ..3'rd Help-About $KDE-app tab calls the GPL License Agreement, ie; a contract.

2005-07-12 Thread Christofer C. Bell
On 7/10/05, Glenn Maynard [EMAIL PROTECTED] wrote:
 On Sun, Jul 10, 2005 at 11:56:50AM +0200, Marco d'Itri wrote:
  Maybe impractical, but so far I can't see why they should be non-free.
 
 Now you're claiming that an impractical license can be free?  I think
 your notion of what is free is so patently absurd that I can't be
 bothered to argue with you--we require the freedom to modify and
 distribute, but license restrictions that make those freedoms impractical
 to exercise are fine!

Glenn, you said that click-wrap licenses are impractical and Marco
agreed with you.  You said nothing about the license contents.  If
you're wanting to take issue with Marco's agreement with your position
that the click-wrap method of accepting a license is impractical,
please keep in mind that the method by which a user agrees to a
license has nothing to do with the contents of that license.

I'm unclear how on the one hand you can say they are impractical
(click-wrap licenses) and then call absurd someone's agreement with
that contention.  Can you please clarify this disconnect?

-- 
Chris

With the way things are starting to go in this country, if forced to
choose between being caught with a van full of pirated DVDs or heroin
you'd actually have to pause and think about it. -- Michael Bell,
drunkenblog.com



Re: Bug#317359: kde: ..3'rd Help-About $KDE-app tab calls the GPL License Agreement, ie; a contract.

2005-07-12 Thread Christofer C. Bell
On 7/12/05, Glenn Maynard [EMAIL PROTECTED] wrote:
 On Tue, Jul 12, 2005 at 08:39:35AM -0500, Christofer C. Bell wrote:
  Glenn, you said that click-wrap licenses are impractical and Marco
  agreed with you.  You said nothing about the license contents.
 
 Chris, a click-wrap license allowing redistribution would contain a clause
 requiring that distributors put recipients through a click-wrap as well.
 That *is* license contents; it's a specific and onerous restriction on
 redistribution.  That would not only require that apt-get install display
 and confirm licenses, but also apt-get source, and would probably prohibit
 anonymous CVS and source tarballs on anonymous FTP entirely.  If click-wrap
 is desired, then the copyright holder wants explicit (not implicit, by
 conduct) agreement, and click-wrap would be required by the license at
 every place the software is distributed.

So what you're saying is not that the contents of the license are the
problem, but that fact that the user is required to acknowledge that
the license has been displayed to them is the burdensome requirement? 
Is that right?

-- 
Chris

With the way things are starting to go in this country, if forced to
choose between being caught with a van full of pirated DVDs or heroin
you'd actually have to pause and think about it. -- Michael Bell,
drunkenblog.com



Re: MP3 decoder packaged with XMMS

2005-07-12 Thread Christofer C. Bell
On 7/12/05, Steve Langasek [EMAIL PROTECTED] wrote:
 On Tue, Jul 12, 2005 at 05:34:45PM -0700, Michael K. Edwards wrote:
  If I were you I would be very, very cautious about inviting the SFLC
  to hang its first test case on my project.  I speak as someone with no
  legal qualifications but with a certain amount of research under my
  belt, including an eventually successful (after repeated office
  actions) patent filing (whose economic rights I do not now own) that
  certain uses of software in Debian probably infringes.  IANAL, TINLA,
  YMMV.
 
 So we're supposed to take the word of a self-professed collaborator with the
 current illegitimate patent regime, over the word of someone who works for
 an organization dedicated to fighting this threat to intellectual freedom?
 
 Why would we do that?

Because the current illegitmate patent regime is the law.  Failure
to comply with the law can (and does) lead to negative consequences
for the person not in compliance.

-- 
Chris

With the way things are starting to go in this country, if forced to
choose between being caught with a van full of pirated DVDs or heroin
you'd actually have to pause and think about it. -- Michael Bell,
drunkenblog.com



Re: Bug#316487: debian-installer-manual: Missing copyright credit: Karsten M. Self for section C.4

2005-07-02 Thread Christofer C. Bell
It's pretty lame that in your crusade for user freedom, you seek to
take away the last right the developer has -- being credited for his
work.  What a joke you have become.

-- 
Chris

With the way things are starting to go in this country, if forced to
choose between being caught with a van full of pirated DVDs or heroin
you'd actually have to pause and think about it. -- Michael Bell,
drunkenblog.com