Re: generated source files, GPL and DFSG

2005-07-23 Thread Jeff King
On Sat, Jul 23, 2005 at 10:40:36AM +0100, Matthew Garrett wrote:

 Machine generated assembly is, in general, significantly less modifiable
 than hand-written assembly.

And code in which information that the original coder inserted has been
removed is less modifiable than code written without that information in
the first place.

Can give you a good reason why the two situations we described are
significantly different?

-Peff


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Re: generated source files, GPL and DFSG

2005-07-22 Thread Jeff King
On Sat, Jul 23, 2005 at 02:35:01AM +0100, Matthew Garrett wrote:

 So say we have two drivers for a piece of hardware. One is written
 without comments. One was originally commented, but the comments have
 been removed. Both provide the same amount of information about how they
 work. Both are released under the same license. Both provide exactly the
 same freedoms to our users.
 
 How is one of these free and the other non-free?

Let's say I write a program in C code and compile it to assembly
language, which I distribute. Somebody else writes an equivalent program
directly in assembly language and distributes it. The distributed
products contain the same amount of information about how they work.

How is one of these free and the other non-free?

-Peff


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Re: New 'Public Domain' Licence

2005-06-07 Thread Jeff King
On Tue, Jun 07, 2005 at 02:36:27PM -0700, Sean Kellogg wrote:

   Yes, it is the intention. How about a license like:
 Do whatever you want.
   The only argument I have heard against this is that you (or your heirs)
   may later say Oh, but I didn't really mean *anything*. Which seems
   silly to me, but perhaps that's why I'm a programmer and not a
   lawyer.
 
 Perhaps lawyers are silly, but I think the law is getting a bad rap in
 this conversation.  The issue is not with evil heirs but with
 termination rights and market forces.  Consider for a moment a budding

I think there are actually two issues we're talking about. I was
mentioning a line of reasoning I have seen here[1], which indicates that
we must be explicit in crafting PD-ish licenses, because our heirs can
bring suit, saying that the original author couldn't have really meant
to do something so clearly to his detriment.

You are, as you say, talking about termination rights. But wouldn't
those be just as much an issue here as they are with, say, the GPL?

-Peff

[1] http://lists.debian.org/debian-legal/2005/04/msg00485.html 


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Re: New 'Public Domain' Licence

2005-06-07 Thread Jeff King
On Tue, Jun 07, 2005 at 04:48:57PM -0700, Sean Kellogg wrote:

 Yes...  because SO many works are released directly into the Public
 Domain...  

I have been on this list for about 6 weeks, and I have seen no less than
three active threads regarding public domain licenses. A minority,
perhaps, but certainly there are people interested in this.

 wishes of the few.  If you really want to ensure your works stay
 forever free, then make sure you teach your mate and offspring (the
 only folks who can exercise your termination right other than
 yourself) the value of your decisions.

I'm not worried about my works staying free. I'm worried about people
who want to use my works being sure that my works will stay free.

 I like the Public Domain, don't get me wrong...  but I dislike strong
 armed corporations more, so I think the balance struck by Congress
 works pretty well.

Well, clearly I don't. :) The root cause of this problem is Congress,
not an inherent balance. I don't *want* to license my work to a
corporation in an irrevocable way. I want to put it in the public domain
in an irrevocable way. But because there's no explicit way to do that
(and I must fake my way through by using an extremely permissive
license), both cases fall under the same category. 

With well-written legislation, they don't need to.

 You sound like a corporate lawyer...  they would love nothing more than for 
 the freedom of contract to be absolute.  Imagine situations where you sign 

Now you're just being mean. I happen to agree completely with Glenn's
statements. I'm not only not a corporate lawyer, but am spending
considerable effort trying to figure out how in the world to just give
away intellectual works which I have created on my own time. I'm sorry
if that seems cold-hearted and corporate to you.

-Peff


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Re: New 'Public Domain' Licence

2005-06-06 Thread Jeff King
On Mon, Jun 06, 2005 at 07:57:47PM +, Andrew M.A. Cater wrote:

 What's the public domain in the context of UK / European law?

I don't know, as I am neither a lawyer nor a European. However, I assume
there is some concept of a work which has passed out of copyright (due
to time limitations). What is that called? What are the rights of
individuals with respect to that work?

 It is useful to have explicit permission to use freely for
 commercial/governmental/not for profit and personal and private use 
 for example.

Is use actually restricted by copyright? If you receive a copy of
software lawfully, are you not free to copy, run, modify, or
reverse-engineer it?  See the 1991 European Software Directive, for
example. 

-Peff


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Re: New 'Public Domain' Licence

2005-06-06 Thread Jeff King
On Mon, Jun 06, 2005 at 10:24:51PM +0200, Arnoud Engelfriet wrote:

 The Netherlands is one. Well, we do have a public domain, but it
 only contains works that by law have no copyright and works whose
 copyright has expired.

So what's wrong with a license like:
  You may do anything with this work that you would with a work in the
  public domain.

 _Probably_ a Dutch judge would treat the above statement as a
 license that means do whatever you want, since he's supposed to
 reconstruct the intention of the author from such a vague statement.
 And do whatever you want seems the intention.

Yes, it is the intention. How about a license like:
  Do whatever you want.
The only argument I have heard against this is that you (or your heirs)
may later say Oh, but I didn't really mean *anything*. Which seems
silly to me, but perhaps that's why I'm a programmer and not a
lawyer. Is there a legal way to say No, really, ANYTHING without
resorting to listing all of the things (which can get quite long)?

 But would name ever bring a lawsuit asserting copyright infringement?

It seems like it's not possible to prevent the author from bringing a
suit at all (even with a public domain dedication). However, you can
ideally make the suit trivially lose-able with a sufficient license.

-Peff


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Re: Netbiff license

2005-04-25 Thread Jeff King
On Mon, 25 Apr 2005, Nathanael Nerode wrote:
You want a public-domain-equivalent license.  There are several ways to do
this.  Since you really do want it to be public domain, I personally suggest:
I place Netbiff in the public domain.  If this is legally impossible, then I
grant irrevocable, perpetual permission to everyone to treat Netbiff exactly
as if it were in the public domain.  Netbiff comes with NO WARRANTY.
That's more or less what I'm looking for. Is that language sufficient?
Is the term public domain unambiguous enough to use in this setting?
In all countries?
-Peff
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