Re: TrueType/OpenType and anti-circumvention laws

2024-02-04 Thread Paul Wise
On Mon, 2024-01-15 at 06:05 -0500, P. J. McDermott wrote:

> Paul Wise mentioned[8] on the fonts team list in 2021 a couple programs
> ("embed"[9], a derivative "ttembed"[10], and "ttfpatch"[11]) that unset
> the DRM/TPM bits, enabling full use of the fonts.  "embed" was written
> by a font designer who noticed that his fonts had restrictive embedding
> permissions and that a tool he used (which was intended for font users,
> not designers) didn't allow lowering the restrictions.

PS: for thread completeness, I note the embed author recieved DMCA
legal threats, but did not remove the tool from their website:

http://carnage-melon.tom7.org/embed/dmca.html

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Re: TrueType/OpenType and anti-circumvention laws

2024-02-02 Thread Paul Wise
On Fri, 2024-02-02 at 20:16 -0500, P. J. McDermott wrote:

> [Resending to the list, as it apparently didn't go through earlier.]

It did go through.

> Ping?  Any thoughts on whether a font DRM modification tool would be
> legal to distribute and use in Debian given that the DRM is a simple bit
> field rather than an "effective" TPM such as scrambling or encryption?

Probably best to consult a lawyer there, but ISTR even trivial things
are supposed to count under the DMCA.

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Re: d/copyright entries for licenses and copyright data

2024-01-07 Thread Paul Wise
On Fri, 2024-01-05 at 22:31 -0800, Ross Vandegrift wrote:

> Imagine I take some code from a freely licensed reference implementation and
> customize it.  The result is a derived work.  But this embedding isn't
> removable - the reference implementation shouldn't accept changes to integrate
> it into a specific project.

The reference implementation should be flexible enough to work as a
library imported/loaded/linked by any project that wants to use it.
If it isn't then that is an issue that should be fixed upstream.
Once it is then the removal can happen and Debian can use depends.

> It'd be reasonable to include the original license and copyright statements.

Right.

> If I do, Debian requires packagers to describe the license and copyright on
> those embedded license/copyright files.  And I'm puzzled about how to do that
> best.

Same as for any other file in the source package, list in the
debian/copyright which files have which copyrights and licenses.

> Maybe the answer is to repack it away?  But that seems weird.  It's freely
> redistributable, and that'd be *obscuring* license/copyright details.  We
> usually like that. :)

Repacking it away sounds like removing it from the source package,
which would mean it could no longer be used, or never was used, in
both cases there isn't any point having it in the upstream VCS then.

> The same issue arises for disabled conveience copies.  The wiki suggests
> Files-Excluded, but also alternatives that involve Debian redistributing the
> convenience copy (and so probably it's license/copyright files) in source
> packages.

Unless there are DFSG or size reasons to remove the unused copy,
generally Debian suggests either forwarding the removal upstream,
or keeping the unused copy, not repacking to remove the copy. Some
folks repack anyway to avoid the work needed documenting copyrights
and licenses, although there are tools to automate that process now.

https://wiki.debian.org/CopyrightReviewTools

> (I realize not much hangs on this - but cme/licensecheck raised the issue to
> me.  I can ignore it, but also got curious and tried to figure out what to 
> do.)

What issue did it print? Which package/code is this about BTW?

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Re: d/copyright entries for licenses and copyright data

2024-01-05 Thread Paul Wise
On Mon, 2024-01-01 at 13:16 -0800, Ross Vandegrift wrote:

> Suppose project A includes code from project B.

The best option would be to talk to upstream about removing the copy,
further advice about embedded copies is on the wiki:

https://wiki.debian.org/EmbeddedCopies

> How should these files appear in d/copyright?
> (Please CC me, I'm not subscribed.)

Richard Laager responded but forgot to CC you, I bounced the message:

   I document them the same, except that I also add use the DEP-5 "Comment"
   field to indicate that it came from "B".

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Re: Bug#1053672: Apple copyright notices in test .xlsx files

2023-10-08 Thread Paul Wise
On Sun, 2023-10-08 at 15:04 +0100, Rebecca N. Palmer wrote:

> Given this, why is that copyright notice there, and what does it imply 
> that we should do?  (E.g. does Apple Numbers automatically copy 
> Apple-owned items (e.g. fonts) into files it creates?  If so, is there a 
> way to remove these items to get a Free file?)

*.xlsx files are actually just *.zip files containing XML and other
files. The Apple copyright for both of the files you mention comes from
the Apple copyright listed for the ICC profile embedded in the EXIF
data in the JPEG file that was saved as a thumbnail of the spreadsheet.

I am not sure what that means for the license of the test cases in
openpyxl and but it would be easy to fix by either deleting the
thumbnail, or removing the ICC profile, but that would alter the test
cases, probably that wouldn't affect the tests passing/failing though.

$ unzip conditional-formatting.xlsx 
Archive:  conditional-formatting.xlsx
  inflating: [Content_Types].xml 
  inflating: _rels/.rels 
  inflating: xl/_rels/workbook.xml.rels  
  inflating: xl/workbook.xml 
 extracting: docProps/thumbnail.jpeg  
  inflating: xl/theme/theme1.xml 
  inflating: xl/styles.xml   
  inflating: xl/worksheets/sheet1.xml  
  inflating: docProps/core.xml   
  inflating: docProps/app.xml

$ grep -ri apple
grep: conditional-formatting.xlsx: binary file matches
grep: docProps/thumbnail.jpeg: binary file matches

$ exiftool docProps/thumbnail.jpeg | grep -i apple
Profile CMM Type: Apple Computer Inc.
Primary Platform: Apple Computer Inc.
Device Manufacturer : Apple Computer Inc.
Profile Creator : Apple Computer Inc.
Profile Copyright   : Copyright 2007 Apple Inc., all rights 
reserved.

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Re: License violations for dependencies of Rust and Go programs?

2023-09-27 Thread Paul Wise
On Wed, 2023-09-27 at 10:41 -0400, John Thorvald Wodder II wrote:

> So was this problem previously known but under-acknowledged, or was it simply
> not brought up before now?  I find it surprising that Debian would allow so
> many license violations to get this far.  Is fixing the tooling to handle this
> considered a priority?  If the author of an uncredited dependency were to
> complain, would Debian be more likely to focus on fixing the tooling posthaste
> or to just pull whatever packages use the dependency in question?

This is the first time this problem was brought up in Debian AFAICT.
Likely no-one thought about it because we are used to dynamic linking,
which doesn't have this problem. Several folks on different IRC
channels discussed the problem yesterday and it is possible the Rust
or Go teams might work on a debhelper addon to solve it. In theory it
could be possible to solve by copying the copyright files of static
libraries into the binary packages they are linked into, probably
using the Built-Using and Static-Build-Using fields. It will also
further bloat the binary packages of Rust/Go/etc based binaries.

We also noted that this is not just a Debian problem, but a problem
with every distro packaging statically linked stuff and with even the
upstream ecosystems, any project using static linking must deal with
this problem, so every single Rust/Go developer must deal with it.

These links point to some efforts to handle it in the Rust community:

https://github.com/rust-lang/cargo/issues/12053
https://lib.rs/crates/cargo-bundle-licenses
https://lib.rs/crates/cargo-about

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Re: License violations for dependencies of Rust and Go programs?

2023-09-27 Thread Paul Wise
On Wed, 2023-09-27 at 11:03 -0400, John Thorvald Wodder II wrote:

> On further inspection, it turns out that bat itself compiles the text
> of its NOTICE file into the binary, and the text is displayed when
> running `batcat --acknowledgements`, so bat's Apache 2.0 license is
> being followed.  If it's Debian policy to include the NOTICE file in
> the .deb anyway, let me know so I can file a more appropriate bug
> report.

Yes, I think we should include the NOTICE as a file too, so that users
who are looking at the Debian copyright file can find it easily.

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Re: License violations for dependencies of Rust and Go programs?

2023-09-27 Thread Paul Wise
On Wed, 2023-09-27 at 05:24 +, Stephan Verbücheln wrote:

> Are the upstream developers not already legally required to include all
> this information into various places including their “Help-About” menu?

It is definitely not common practice to document the copyright/license
info of dependencies in about dialogs. Sometimes it happens in the
build documentation in the source package but not always and that
usually isn't distributed in the binary package.

In distributions like Debian, usually programs dynamically link their
dependencies so the copyright/license info of dependencies accompanies
the binaries of the dependencies instead of the programs. Then the
dependency information plus the individual package copyright info
ensures that the license information for all components is present.

It is only because of static linking that the issue you mention arises.

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Re: License violations for dependencies of Rust and Go programs?

2023-09-26 Thread Paul Wise
On Tue, 2023-09-26 at 14:20 -0400, John Thorvald Wodder II wrote:

> - bat (In addition to the type of problem discussed above, the source code for
>   bat has an Apache 2.0 `NOTICE` file, yet this is not included in the .deb
>   package.)

Please file a severity serious bug report against bat about the NOTICE
issue, I've mentioned it on the #debian-rust IRC channel though.

https://www.debian.org/Bugs/Reporting

I note that lintian detects the NOTICE issue, so I have requested that
the ftp-master team turn on auto-rejections for the lintian tag.

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Re: License violations for dependencies of Rust and Go programs?

2023-09-26 Thread Paul Wise
On Tue, 2023-09-26 at 14:20 -0400, John Thorvald Wodder II wrote:

> I suspect that this problem applies to all programs written in Go or Rust that
> Debian distributes.  Is Debian handling dependency licenses for these packages
> incorrectly, or is there something I'm missing?

Your analysis is correct, some extra context for this problem:

The problem you have identified applies to other statically linked
languages too, so I have updated the wiki page to link to it.

https://wiki.debian.org/StaticLinking

The problem can be more generally stated as; Debian aggregates the
copyright and license of source files we distribute but does not trace
the path from source files to compiled files, and therefore does not
trace which source files each generated file was created from and as a
subset of that problem, does therefore not trace the flow of copyright
and license information and does not aggregate that information and
does not discover license incompatibilities in the generated files.

This more general problem is very hard to impossible to solve, since it
would mean patching every single build toolchain and source package to
provide traces of the path from source files to compiled files and then
processing those traces to generate copyright info for binary packages.

The specific problem with Rust/Go/etc static linking might be solvable
by a new debhelper command that would read the Built-Using and related
fields and then append each of them to the DEBIAN/copyright files.

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Re: NetData violating DFSG, nonfree?

2023-08-24 Thread Paul Wise
On Thu, 2023-08-24 at 13:56 +, Marius Gripsgard wrote:

> Could someone review this? 
> https://bugs.debian.org/cgi-bin/bugreport.cgi?bug=1045145

On the question of missing source code, looking at the Debian source
package, all the CSS and JavaScript (except that embedded in the HTML)
is minified and there is evidence that some of the minified JavaScript
is from dependencies, under various licenses, including GPLv3.

The same applies to the v1 web gui too.

In addition there is this ominous notice in the v2 README.md file:

   # Do not edit any files in this directory!
   
   If you spot any errors or bugs in these files please open a bug report
   at https://github.com/netdata/netdata/issues/new/choose.
   
   These files are maintained in a seprate private repository and copied
   here when they are updated there, so any changes made in this directory
   will eventually be overwritten.

Similarly the v1 README.md says this:

   # Do not edit any files in this directory!
   
   If you spot any errors or bugs in these files and wish to fix them,
   please submit your changes at
   https://github.com/netdata/dashboard instead.
   
   These files are copied from the most recent release of that repository,
   and any changes you make here will be
   overwritten the next time there’s a new release there.

I think that the netdata web guis should not be in Debian like this.

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Re: NetData violating DFSG, nonfree?

2023-08-24 Thread Paul Wise
On Fri, 2023-08-25 at 11:35 +0800, Paul Wise wrote:

> ## Acceptance
> By using the software, you agree to all of the terms and conditions
> below.

This is icky, not sure about DFSG compliance.

> ## Copyright License
> The licensor grants you a non-exclusive, royalty-free, worldwide, non-
> sublicensable, non-transferable license to use, copy, distribute, make
> available the software, in each case subject to the limitations,
> restrictions and conditions below.

Does not allow modifications, fails DFSG item 3.

> ## Limitations
> This license allows you to use the Software only to interface with the
> licensor's other software components, such as Netdata Agents and
> Netdata Cloud. Any use with replacements for these components is not
> permitted.

Discriminates against Netdata competitors, fails DFSG item 6.

> ## Restrictions
> The Software is provided in a binary form for use by end-users. You may
> not reverse engineer, decompile, disassemble, or modify the Software.
> The Software is licensed as a single product and its component parts
> may not be separated.

Not distributing source code, fails DFSG item 2.

The restrictions seem like they fail DFSG item 6.


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Re: NetData violating DFSG, nonfree?

2023-08-24 Thread Paul Wise
On Thu, 2023-08-24 at 13:56 +, Marius Gripsgard wrote:

> Could someone review this? 
> https://bugs.debian.org/cgi-bin/bugreport.cgi?bug=1045145

Here is a copy of the license for the list archives:

# Netdata Cloud UI License v1.0 (NCUL1)

## Acceptance
By using the software, you agree to all of the terms and conditions
below.

## Copyright License
The licensor grants you a non-exclusive, royalty-free, worldwide, non-
sublicensable, non-transferable license to use, copy, distribute, make
available the software, in each case subject to the limitations,
restrictions and conditions below.

## Limitations
This license allows you to use the Software only to interface with the
licensor's other software components, such as Netdata Agents and
Netdata Cloud. Any use with replacements for these components is not
permitted.

## Restrictions
The Software is provided in a binary form for use by end-users. You may
not reverse engineer, decompile, disassemble, or modify the Software.
The Software is licensed as a single product and its component parts
may not be separated.

## Patents
If you or your company make any written claim that the software
infringes or contributes to infringement of any patent, your license
for the software granted under these terms ends immediately. If your
company makes such a claim, your license ends immediately for work on
behalf of your company.

## Notices
You must ensure that anyone who gets a copy of the Software from you
also gets a copy of these terms.

## No Other Rights
These terms do not imply any licenses other than those expressly
granted in these terms.

## Termination
If you use the Software in violation of any of these terms, such use is
not licensed, and your licenses will automatically terminate. If the
licensor provides you with a notice of your violation, and you cease
all violations of this license no later than 30 days after you receive
that notice, your licenses will be reinstated retroactively. However,
if you violate these terms after such reinstatement, any additional
violation of these terms will cause your licenses to terminate
automatically and permanently.

## No Warranties and No Liability
The software comes "As Is", without any express or implied warranties
of any kind, including but not limited to any warranties of
merchantability, non-infringement, or fitness for a particular purpose.
The licensor will not be liable to you for any damages arising out of
these terms or the use or nature of the Software, under any kind of
legal claim.

## Open Source Components
The software includes certain third party open source components. Each
of these components is subject to its own license. The list of open-
source components used by Netdata Cloud UI is
[here](https://app.netdata.cloud/3D_PARTY_LICENSES.txt).

## Definitions
The "licensor" is Netdata Inc., the entity offering these terms, and
the "**software**" is the Netdata Cloud UI software the licensor makes
available under these terms, including any portion of it.

"**you**" refers to the individual or entity agreeing to these terms.

"**your company**" is any legal entity, sole proprietorship, or other
kind of organization that you work for, plus all organizations that
have control over, are under the control of, or are under common
control with that organization. "**Control**" means ownership of
substantially all the assets of an entity, or the power to direct its
management and policies by vote, contract, or otherwise. Control can be
direct or indirect.

"**your licenses**" are all the licenses granted to you for the
software under these terms.

"**use**" means anything you do with the software requiring one of your
licenses.

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Re: python-sepaxml questions

2023-06-01 Thread Paul Wise
On Thu, 2023-06-01 at 15:54 +0200, Matthias Geiger wrote:

> I was working on packaging sepaxml  [1] when I ran into an issue
> where I'd appreciate some legal guidance. The source contains .xsd
> SEPA files [2] distributed by the iso committee [3] under what I
> believe to be DFSG-compliant licensing [4].
> 
> Is this indeed adhering to the DFSG ?

I don't believe that this is DFSG compliant. None of the terms I found
seem to include the right to modifications. In addition the SWIFT IPR
policy document does not let you sell the SWIFT standard.

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Re: python-sepaxml questions

2023-06-01 Thread Paul Wise
On Fri, 2023-06-02 at 10:42 +0800, Paul Wise wrote:

>    Although the material on this site is intended to be used and reproduced 
> freely
>    by all interested users under the ISO 20022 Intellectual Property Right 
> Policy,

Here is a copy of that policy:

https://www.iso20022.org/intellectual-property-rights

   Intellectual Property Rights Policy
   
   Organizations that contribute information to be incorporated into the ISO 
20022
   Financial Repository shall keep any Intellectual Property Rights (IPR) they
   have on this information. A contributing organization warrants that it has
   sufficient rights on the contributed information to have it published in the
   ISO 20022 Repository through the Registration Authority in accordance with 
the
   rules set in the ISO 20022 standard. To ascertain a widespread, public and
   uniform use of the Financial Repository information, the contributing
   organisation grants third parties a non-exclusive, royalty-free license to 
use
   the published information.
   
   Contributing organizations can communicate their IPR policies to the RA for
   publication on this website. Received IPR policies are available for download
   hereafter.
   
 • CBI
 • SWIFT
   
   Disclaimer:
   
   Although the Registration Authority has used all reasonable efforts to ensure
   accuracy of the contents of this website and the information published 
thereon,
   the Registration Authority assumes no liability whatsoever for any 
inadvertent
   errors or omissions that may appear thereon. 
   
   Moreover, the information is provided on an "as is" basis. The Registration
   Authority disclaims all warranties and conditions, either express or implied,
   including but not limited to implied warranties of merchantability, title,
   non-infringement and fitness for a particular purpose.
   
   The Registration Authority shall not be liable for any direct, indirect,
   special or consequential damages arising out of the use of the information
   published on this website, even if the Registration Authority has been 
advised
   of the possibility of such damages.

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Re: python-sepaxml questions

2023-06-01 Thread Paul Wise
On Thu, 2023-06-01 at 15:54 +0200, Matthias Geiger wrote:

> I was working on packaging sepaxml  [1] when I ran into an issue
> where I'd appreciate some legal guidance. The source contains .xsd
> SEPA files [2] distributed by the iso committee [3] under what I
> believe to be DFSG-compliant licensing [4].
...
> [4] https://www.iso20022.org/terms-use

Here is a copy of the license for posterity:

   Terms of use
   
   This is the official ISO 20022 Website under a grant of authority and 
agreement
   with the ISO Central Secretariat.
   
   Warning:
   
   Although the material on this site is intended to be used and reproduced 
freely
   by all interested users under the ISO 20022 Intellectual Property Right 
Policy,
   all visitors of the site are hereby notified that the material contained on 
the
   site changes, is maintained and kept up to date frequently and should be the
   sole source for such information.  Any replication of this site should make 
the
   statement that theirs is not the official site and that the sole source of
   up-to-date materials and information on ISO 20022 message standards and
   Repository is https://www.iso20022.org/.
   
   Disclaimer:
   
   Although the Registration Authority has used all reasonable efforts to ensure
   accuracy of the contents of this website and the information published 
thereon,
   the Registration Authority assumes no liability whatsoever for any 
inadvertent
   errors or omissions that may appear thereon.
   Moreover, the information is provided on an "as is" basis. The Registration
   Authority disclaims all warranties and conditions, either express or implied,
   including but not limited to implied warranties of merchantability, title,
   non-infringement and fitness for a particular purpose.
   Neither the Registration Authority, nor ISO nor any of its members shall be
   liable for any direct, indirect, special or consequential damages arising out
   of the use of the information published on this website, even if the
   Registration Authority, ISO or any of its members have been advised of the
   possibility of such damages.

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Re: Is GeneralUser soundfont's license suitable for Debian main?

2023-03-23 Thread Paul Wise
On Thu, 2023-03-23 at 14:13 +0300, undef wrote:

> Also I found this soundfont in the existing Debian package minuet-data by path
> /usr/share/minuet/soundfonts/GeneralUser-v1.47.sf2. [1]

I suggest you bring this to the attention of minuet-data upstream and
also file a bug about it in Debian if you didn't already.

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Re: Is GeneralUser soundfont's license suitable for Debian main?

2023-03-22 Thread Paul Wise
On Wed, 2023-03-22 at 23:47 +0300, undef wrote:

> ** License of the complete work **
> You may use GeneralUser GS without restriction for your own music 
> creation, private or commercial.  This SoundFont bank is provided to the 
> community free of charge.  Please feel free to use it in your software 
> projects, and to modify the SoundFont bank or its packaging to suit your 
> needs.

I'm not comfortable with how this mentions specific ways the soundfont
can be used; "your own music creation", "in your software". What about
other people's music or other people's software? This is especially
problematic for collaboratively produced open source software.

> ** License of contained samples **
...
>  I cannot be 100% sure where all of the samples originated
...
> Could you say, is "License of contained samples" allowable for Debian or 
> such files are fully non-allowed?

I don't think this license would pass ftp-master review, there is too
much uncertainty about the provenance and license of the samples.

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Re: About debian/patches/* licenses

2022-12-02 Thread Paul Wise
On Fri, 2022-12-02 at 15:59 +0900, 野崎耕平 wrote:

> In researching the licenses of the dependent libraries of the programs I 
> created,
> I noticed that some packages could be non-GPL library become GPL library by 
> patch.

Generally Debian encourages maintainers to license their packaging
under the same license as upstream, so we can contribute back.
This applies to both GPL projects and non-GPL projects.

> So far I have found heimdal and libsqlite packages.

It might be a good idea to try and contact the patch authors for these
to ask them to relicense their patches and submit them upstream.

> I feel that this is an unintended license change due to the addition of the
> license description for debian/*.

Agreed.

> * The original project is not GPL
> * There is a mention in the copyright that debian/* is GPL
> * Patches to the library source code exist under debian/patches

This license mismatch issue should apply to all licenses not just the
GPL. A good way to detect future instances of this issue and report
them to package maintainers would be if the lintian tool were to
automatically check for it. Please file a bug report against lintian
asking for license mismatch detection to be implemented. 

https://www.debian.org/Bugs/Reporting

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Re: Which parts do we need to open source if we use Debian on our robotics products

2022-09-21 Thread Paul Wise
On Wed, 2022-09-21 at 12:15 +0800, Zhikang Pan wrote:

> This is zhikang Pan, our company wants to use Debian on our robot
> product, which will be sold. So do we need open source for the
> kernel, Robot Operating System framework, and applications on this
> robot product? We actually don't want open source core code because
> there might be commercial benefits involved.

Since you will be redistributing Debian within your robots, you will
need to comply with the licenses of all the software on your robots,
including both Debian and any other software you install on the robots.

Most open source licenses are easy to comply with, you will need to
read them to find out their individual requirements though.

Every Debian source package has a copy of the copyright/license info in
debian/copyright and installing Debian binary packages adds the info to
the filesystem at /usr/share/doc/$packagename/copyright.

One of the main aims of open source licenses is to give the owners of
devices equal access to the software running on them as the owners of
the software have. Everything the open source software authors can do,
the owners of the devices should have the access needed to do too.

If you preserve/present license info, distribute source code and allow
robot owners to modify/rebuild/reinstall the software, this will put
you in compliance with the vast majority of open source licenses.

The most common requirement is to preserve copyright/license info and
present the copyright/license info along with the product, such as
in the documentation or on the screen or on the relevant website.

Some licenses (such as the copyleft family of licenses, including the
GNU GPL) also require that you distribute the source code and allow
people to rebuild the software and reinstall it on your robots. This
applies to the Linux kernel and a lot of other parts of Debian, so it
is easier to just distribute all of the Debian source packages for the
software you use than to distribute source only for copyleft packages.

The other thing to be aware of with copyleft licenses are the
requirements around derivative works. Often derivative works must be
entirely licensed under the same license as the original work, or
entirely licensed under licenses compatible with the original license.
The boundary between a derivative work and two separate works is
usually (but not always) when the two parts are in separate processes.
As long as your proprietary code is in a separate process to any
copyleft code and only communicates with copyleft code through well
defined public interfaces, this part should not be an issue.

PS: some links related to the GNU GPL copyleft licenses:

https://copyleft.org/guide/
https://www.gnu.org/licenses/gpl-faq.html

PS: if you modify any open source packages, especially the Linux
kernel, we recommend you send your modifications back to the software
projects that you modified. You can also send those modifications back
to Debian so we can integrate them if the upstream projects are busy.
It is also recommended that your software engineers get involved in and
support Debian and the upstream projects more generally. These aren't
license requirements, but are open source best practices.

https://www.debian.org/intro/help#organizations

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Re: Is the APSL 2.0 DFSG-compliant?

2022-08-04 Thread Paul Wise
On Thu, 2022-08-04 at 19:09 -0400, Ben Westover wrote:

> Those are based on conversations that are almost a decade old, and some 
> things have changed since then. I just wanted a re-review of the license 
> in 2022 to see if the complaints from before still hold up today.

What would have changed since the 2004 review of APSL 2.0?

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Re: Is the APSL 2.0 DFSG-compliant?

2022-08-04 Thread Paul Wise
On Thu, 2022-08-04 at 19:15 -0400, Ben Westover wrote:

> Interesting, the APSL 2.0 is seen in some relatively important
> packages like Chromium and QtWebEngine.

I wouldn't put any weight on the presence of the APSL 2.0 license text
in the archive, probably it got into Debian in those packages due to
lack of copyright/license review rather than deliberate acceptance,
especially since it is in one of the many code copies in both of them.

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Re: Is the APSL 2.0 DFSG-compliant?

2022-08-04 Thread Paul Wise
On Wed, 2022-08-03 at 23:00 -0400, Ben Westover wrote:

> I was wondering if the Apple Public Source License (version 2.0)
> complies with the DFSG. The Free Software Foundation considers it to be
> a free software license (https://www.gnu.org/philosophy/apsl.en.html),
> but I just wanted to make sure it's compatible with the DFSG. Below is
> the full text of the license.

I don't know about that, but I note some things:

The wiki describes it as being non-free and cites two threads:

https://wiki.debian.org/DFSGLicenses#Apple_Public_Source_License_.28APSL.29
https://lists.debian.org/msgid-search/20010928105424z@physics.utah.edu
https://lists.debian.org/msgid-search/20040626225314.5da7f9da@firenze.linux.it

There are recent challenges to it being non-free in these threads:

https://lists.debian.org/msgid-search/d2119303-b470-9ebe-138e-1b57deb8c...@physik.fu-berlin.de
https://lists.debian.org/msgid-search/eff03d85-7990-af04-caac-57b076cc9...@physik.fu-berlin.de

There are copies of the license in Debian main:

https://codesearch.debian.net/search?q=APPLE+PUBLIC+SOURCE+LICENSE=1

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Re: Need license clarification

2022-07-30 Thread Paul Wise
https://github.com/BrunoLevy/geogram wrote:

>   If you modify this software, you should include a notice giving the
>   name of the person performing the modification, the date of modification,
>   and the reason for such modification.

The word "should" seems to imply this might be optional, since the
verbatim BSD sections use "must" for the mandatory parts.

The GPL has similar requirements for notices of modification.

On Sat, 2022-07-30 at 12:40 -0700, Dima Kogan wrote:

> The leading sections are just a vanilla 3-clause BSD license, but the
> last paragraph is custom for this project. Is this non-free?

Looking at the DFSG, I can't think of any conflicts between the items
in it and this custom license clause.

https://www.debian.org/social_contract#guidelines

All that said, this is license proliferation, which isn't really good,
so you might want to consider asking upstream to drop the clause.

https://en.wikipedia.org/wiki/License_proliferation

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Re: Expat-like license - DFSG-ok?

2022-07-15 Thread Paul Wise
On Fri, 2022-07-15 at 18:08 +0200, Julien Puydt wrote:

> * This copyright and license shall be included in all copies or
> substantial portions of the Software.
> 
> and the last line worries me a little: is it a DFSG-ok license?
> I prefer asking around since I'm not really confortable with it.

The requirement to include copyright and license info is in many
DFSG-free licenses, including the MIT, BSD and GPL licenses.

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Re: Binary file inside fruit package

2022-06-27 Thread Paul Wise
On Mon, 2022-06-27 at 08:32 -0600, Sam Hartman wrote:

> Major factors in making that decision include what data is actually
> available to the upstream author as well as how upstream has generally
> chosen to make modifications.
> If data is available to upstream but not to Debian that's a good sign
> that we have a DFSG problem we cannot resolve.

Indeed, since the FSD/OSD/DFSG are primarily about providing equality
of access to a work between upstream and everyone who receives a work.

Adding gigabytes of PGN files to Debian probably wouldn't be accepted
by ftp-master, so I think we can rule out including that. I think that
a link to a publicly available archive of the full set of game records
should replace the large set of PGN files for Debian and everything
else should be included in Debian. So add the filter rules, the reduced
set of recorded chess games and the tools for converting PGN files to
polyglot bin files to Debian. Since the polyglot bin file would be able
to be generated solely from source and binary packages available in
Debian, it should not be present in any source package and should
always be generated at build time, so that Debian can prove that it can
still generate the file using a rebuild. End users who want to modify
it using their chess programs can use the file in the binary package.

This approach would deliver the maximum possible freedom for everyone.
The only people inconvenienced are folks who want to choose a different
set of games; they are only inconvenienced due to the storage usage
being prohibitively large for Debian. If they have enough storage they
can still download the full game archive themselves and filter it too.
If they don't then maybe they can send their new filter rules to the
game archive and have the archive apply them and return a new game set.

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Re: MIT + explicit "Don't sell this code." - DFSG compliant?

2022-03-01 Thread Paul Wise
On Tue, 2022-03-01 at 14:52 +0100, David Given wrote:

> The usual recommendations are to pick a standard OSI compliant
> license and not customise it. Using a standard license makes life
> easier for users because they don't have to think about the
> implications --- everyone already knows what BSD licenses, GPL
> licenses etc mean. My usual analogy is to suggest thinking about it
> like an API.

These are good recommendations.

> https://choosealicense.com/ is a good resource here and gives
> reasonable advice.

I feel like the framing on this site is slightly incorrect, copyleft
licenses are not about "sharing improvements" with developers, but
about ensuring software freedom for downstream users.

It is only the cultural aspects of the FLOSS community that lead to
sharing improvements, not copyleft licenses. Any license that mandated
sharing improvements probably would not meet the DFSG/OSD/FSD.

> I'd suggest that if the author is concerned about people using their
> work commercially, then the author should look at the LGPL

The LGPL does not preclude using the library commercially and indeed a
license that did this would not meet the DFSG/OSD/FSD.

> this will make it easy to for users to use the library in another
> program, but will require that if the user modifies it or base work
> on it, they have to distribute the modified source.

Indeed. Note the LGPL also requires that it has to be easy for users to
use a modified version of LGPL library with things linked against the
original version of the LGPL library, either through dynamic linking or
by making it possible to re-link applications using the library. 

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Re: Question about Debian redistribution

2022-01-06 Thread Paul Wise
On Wed, 2022-01-05 at 16:08 -0600, Navtej Bhatti wrote:

> If I want Debian to boot with the stock firmware, I need a specific
> partition layout that is completely foreign to UEFI systems. I don't
> think this would integrate well in Linux distributions.

I note that the depthcharge-tools author attempted to get it into
Debian, in the process giving the standard Debian installer support for
booting on Chromebook stock firmware and creating Debian installations
that boot with the Chromebook stock firmware. Looking at the RFS it
seems that more work is needed on the packaging. I suggest that if
anyone is interested in getting this work into Debian then they could
offer Alper Nebi Yasak their assistance.

https://bugs.debian.org/950687
https://bugs.debian.org/950718

PS: IMO when possible stock firmware should always be overwritten with
libre firmware packaged by the distro. Debian doesn't yet have a
coreboot package, but there is some work in progress:

https://wiki.debian.org/Firmware/Open
https://bugs.debian.org/381727

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Re: Question about Debian redistribution

2022-01-05 Thread Paul Wise
Navtej Bhatti wrote:

> I have a project to get Linux (specifically Debian, Ubuntu, Fedora,
> and Arch) working on chromebooks.

This sounds like something that should be done within those
distributions themselves, rather than outside them in a separate
project. General distros want to be able to support Chromebooks too.

Navtej Bhatti wrote on https://milkydeveloper.github.io/cb-linux/:

> Depthcharge does not have the ability of using an initramfs

This is an unsupported configuration for booting Debian, and I bet for
every other Linux distro, since they rely on the initramfs to contain
software needed to load the rootfs.

This requirement could probably be worked around by adding an initramfs
post-build hook that would unpack the built initramfs to the partition
(and copy the Linux kernel) that Depthcharge boots from, the unpacked
initramfs would mount the real rootfs and boot as normal.

The Debian installer could have images containing similarly repacked
installer initramfs for use by Chromebook users.

> the same forked Linux kernel as ChromeOS

Debian and most other distros generally only support the mainline Linux
kernel, so it would be good if those patches could get sent upstream.
Eventually the installed ChromeOS kernel will get too old to run Debian
userland as glibc and systemd Linux kernel requirements increase.

PS: your project reminds me of the various chroot-on-Android projects:

https://wiki.debian.org/ChrootOnAndroid

PS: there are some Debian wiki pages about chromebooks:

https://wiki.debian.org/?action=fullsearch=180=chromebook=Titles
https://wiki.debian.org/?action=fullsearch=0=chromebook=180

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Re: Fwd: RNNoise's model and DFSG

2021-10-19 Thread Paul Wise
On Sun, 2021-10-17 at 13:08 +0300, Nicholas Guriev wrote:

> I still have suspicions about RNNoise and its probable non-free model.

I'm the pabs3 in the HN thread you referenced. I think that RNNoise
does not meet my personal standards for Free Software and also for
machine learning. I think that under the Debian Deep Learning Team's
Machine Learning Policy, it should be classified as a ToxicCandy Model.
There isn't an official Debian position on this and there are other
similar machine learning models in Debian; the threads about tesseract
and Japanese text analysis come to mind for example:

https://lists.debian.org/msgid-search/33417ce2bcf9b6a0efaf4771b83c6...@debian.org
https://lists.debian.org/msgid-search/20190608184309.ga10...@goofy.osamu.debian.net

> What is the current consensus on this library in Debian community?

Several maintainers have added it to Debian so it seems accepted:

mumble, chromium, qtwebengine-opensource-src, obs-studio

> I already asked on debian-ai@ but nobody answered ever since.

I suggest you bring this up again.

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Re: Advice on licenses with "funny" amendments

2021-10-07 Thread Paul Wise
On Thu, Oct 7, 2021 at 10:48 PM Francesco Poli wrote:

> What do other debian-legal participants think?

While they are fairly obviously worded in plain English like an
optional request, since they are part of a legal document, they are
supposed to use legal language, and IANAL, so I don't know how a
lawyer or the courts would interpret them. As such they are ambiguous
to me, and I would personally avoid relying on legal ambiguity.

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Re: Advice needed for licensing in modus-themes

2021-09-14 Thread Paul Wise
On Tue, Sep 14, 2021 at 6:51 AM Protesilaos Stavrou wrote:

> As for the Front- and Back- Cover texts, my understanding is that Debian
> does not consider those free because the project cannot patch them
> either, correct?

Correct, the cover texts aren't accepted in Debian main.

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Re: Legal status of Audacity in releases newer than Bullseye

2021-07-04 Thread Paul Wise
On Mon, Jul 5, 2021 at 1:15 AM  wrote:

> there have been a series of changes impacting Audacity.

This sounds like something that should be reported as a bug against
the Debian package requesting to switch to the fork.

https://www.debian.org/Bugs/Reporting

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Re: Declaring license for autogenerated file (W3C)

2021-06-18 Thread Paul Wise
On Fri, Jun 18, 2021 at 11:09 AM Diego M. Rodriguez wrote:

> Actually, while the upstream tarball (from PyPI) does not include the
> unicode.xml file, upon closer inspection upstream does include it in
> their GitHub releases. If using the release for packaging is technically
> viable (looks like it will be), would it be preferable from the legal side?

The upstream source (from GitHub in your case) should always be
preferred over the downstream packaging (on PyPI in your case).
Missing files, generated files, extra cruft and other things are
common problems with the downstream redistributions.

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Re: Copyright notice gives info on source files, not the packaged binaries -is that correct?

2021-05-10 Thread Paul Wise
On Mon, May 10, 2021 at 2:18 PM Alexander Mazuruk wrote:

> I'm writing this as I've noticed that some packages have copyright file
> filled with records for source code, while the package contains binaries.

Essentially all packages in Debian do this, with a couple of
exceptions where the maintainer thought about this problem already.
For example, for src:libicns I installed different copyright files in
each binary package since the license is different for the library vs
the utilities.

> Shouldn't those package's COPYRIGHT contain info about final license
> that those binaries are distributed with?

In theory yes, in practice, no.

>* yes. -> should I file a bug report for such packages?

The problem is an archive-wide one that is just left unsolved, not one
to be solved in individual packages.

>* no -> how can I know what license a package actually has in such
> case? Are there some officially recommended tools?

It is in theory possible to trace the translation from source to
binary, but in practice it is mostly impossible. Even if you ptrace
the full build process (making it much slower), there is no general
way to determine what file is generated from what other file. Fixing
this would involve adding instrumentation to every compiler, build
system, many different tools and probably lots of Debian packaging and
upstream projects. This is a project on the order of magnitude of
Bootstrappable Builds or Reproducible Builds; a multi-decade-long
effort by many different people. There are potentially benefits to
this beyond copyright/license info correctness for binaries too, so it
would be an interesting project, but it would be hard to convince
entire communities of people to work on this.

In practice, shipping the relevant source for the binaries is likely
enough to achieve license compliance, so shipping pedantically correct
copyright/license info for the binaries is not necessary and shipping
source is much easier to do, so that is what Debian tends to do.

> We are trying to do start license compliance for Docker images and are a
> bit stumped on how to proceed with such packages in Debian-based containers.

I suggest you ship source for all the binary packages used, then add
source for all the packages installed during each of their build
processes. Or just ship a full Debian archive containing every source
package.

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Re: Bug#979101: Legally problematic GPL-3+ readline dependency

2021-03-28 Thread Paul Wise
On Mon, Mar 29, 2021 at 1:12 AM Carlos Henrique Lima Melara wrote:

> He (Alec) is the creator and main contributor to devtodo, occasionally he
> had help from other as noted in the AUTHORS files, though no copyright
> statements were added by these occasional contributors. For this license
> change, does he have to contact everyone that sent a patch or PR, or can
> he change the license as creator and main (95% of the code) contributor?

If their contributions are considered copyrightable, then their
permission will be needed to relicense their contributions. If their
contributions are removed then the remaining codebase could be
relicensed without their permission.

The other suggestions by Francesco might also be good options.

-- 
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Re: tomboy-ng package with non standard license.

2020-11-16 Thread Paul Wise
On Mon, 2020-11-16 at 15:52 +1100, David Bannon wrote:

> Hunspell to Pascal Bindings, the saga continues
> 
> OK, I have now separated out the Hunspell 'bindings' from my hunspell
> unit. 

Excellent, I think that concludes the legal proportion of the saga :)

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Re: tomboy-ng package with non standard license.

2020-11-11 Thread Paul Wise
On Thu, 2020-11-12 at 09:25 +1100, David Bannon wrote:

> Are there any further thoughts on this topic ? 

It sounds like FreePascal wiki user Graham created parts of the
spelling.pas file, is presumably the copyright holder (unless their
employer owns it), released it without specifying a license, which
means it was "all rights reserved" and then various other people
modified and re-released it, in violation of copyright law (since they
presumably did not have a license to do so) and eventually it ended up
in the tomboy-ng project, also in violation of copyright law.

There is the additional wrinkle that hunspell is licensed under the MPL
and GPL licenses, presumably the header Graham started with was under
the same licenses and what Graham released was clearly a derivative
work of the hunspell headers, with the additional work copyright by
Graham, so the result would have to comply with one of those licenses,
but as far as I can tell, Graham stripped the licenses off and also did
not include the "source code", in violation of both of these licenses.

I think the solution here would be for you to strip out the code you
copied from Graham and other's work and then repeat the h2pas process,
bearing in mind the requirements of both the GPL and the MPL, the
important ones here are to preserve the license, preserve copyright
holder information and to preserve the "source code".

What the source code is for this work depends on how you would modify
the hunspell Pascal bindings. If (for example when updating to a new
hunspell API) you modify the bindings by updating the C headers and
then re-running h2pas, then you need to preserve the C headers in your
source code alongside spelling.pas but if you would only ever modify
the bindings by editing spelling.pas directly, then you can discard the
C headers but you still need to use the same licenses in the hunspell
bindings. In the latter case it would be a good idea to keep the
bindings in a separate file so it can have a separate license header.

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Re: tomboy-ng package with non standard license.

2020-11-01 Thread Paul Wise
On Sun, 2020-11-01 at 18:17 +1100, David Bannon wrote:

> It is possible to build C style Libraries with FeePascal units but it
> not efficient with time, space or performance in practice.

Thanks for the info. 

> also wanting to use KControls but there is not.

The KControls README and issues shows there are several users, but of
course it is unlikely they would want their software in Debian.

https://github.com/kryslt/KControls#important-info-for-contributors

   ... the package is already heavily used by me and others!

https://github.com/kryslt/KControls/issues

BTW: Debian's information about "vendoring" or embedded copies is here:

https://wiki.debian.org/EmbeddedCopies

> Just the bindings to the hunspell library.  Every Lazarus install
> includes a tool, h2pas, that will generate such a set of bindings from
> the relevant .h files with little effort. As such, I would not expect
> anyone to claim copyright to the result.

Since the hunspell library headers can change over time, adding support
for new functions, constants etc, that sounds like something that
should be generated at build time rather than copied into the source,
can Lazarus convert the installed headers into .pas at build time? Or
does the generated .pas file need editing in order to work properly?
Generating the bindings at build time that would enable you to more
easily support other spelling libraries like nuspell too.

https://nuspell.github.io/

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Re: tomboy-ng package with non standard license.

2020-10-30 Thread Paul Wise
On Fri, Oct 30, 2020 at 7:24 AM David Bannon wrote:

> OK folks, reminding Paul, Daniel, Tobias and Philipp of the discussion
> that took place over the last couple of months about getting tomboy-ng
> into the Debian repos.  The issue at that stage was that, of necessity,
> the source package contains some third party code called KControls, the
> license of which was deemed to be unsuitable for Debian.

I'd like to hear more about what "of necessity" means.

I assume it is related to the comment on the static linking wiki page
about FreePascal. Normally I would assume that static linking doesn't
mean embedded code copies, but perhaps it also means that FreePascal
doesn't support the concept of static libraries like C does (.a
files)? In that case, the solution would be something like what the
Rust/Golang packages in Debian do, .deb packages that contain source
code, which other packages can then build-dep on and use the source
code from.

https://wiki.debian.org/StaticLinking#FreePascal

OTOH, from my research it seems like FreePascal supports writing a
dynamic library in Pascal and loading it from a Pascal or non-Pascal
programs at runtime.

https://wiki.freepascal.org/macOS_Dynamic_Libraries
https://wiki.freepascal.org/shared_library

> TK has completely changed the license to now be the BSD 3-Clause Clear
> License. All (relevant) files are so marked.  I have changed the license
> of my code to match (to simplify things).

Excellent outcome, thanks for all your work on this.

> source/libnotify.pas (bindings to libnotify) is GPL2, thats documented
> in debian/copyright, this is, I believe a non-issue.

Correct.

> source/spelling.pas, has some code that is, again, pascal libary
> bindings, this time to hunspell. This code has been pasted in several
> forums etc, over a number of years without attribution. As such, I
> consider it public domain. It makes up only a small part of the file. I
> have therefore stamped that file too as BSD Clear.

As far as I know the public domain doesn't work this way. Code that is
floating around is still under copyright (since that lasts a long time
by default), people are just ignoring that fact and pretending they
are allowed to use it. In some jurisdictions it is possible to
explicitly release code into the public domain but in many that isn't
possible. The CC0 license was created as a way to release things into
the public domain where possible and give a very permissive license
where that is not possible.

https://creativecommons.org/share-your-work/public-domain/cc0

Which part of the file are you talking about here?

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Re: tomboy-ng package with non standard license.

2020-10-19 Thread Paul Wise
On Fri, 2020-09-25 at 09:10 +1000, David Bannon wrote:

> However, I don't believe it will help. I think TK is concerned about
> conventional licenses allowing someone to remove his name from the
> package, ship it as its own. Near as I can tell, thats permitted if some
> changes are made. Happened to me...

FTR, conventional Free Software licenses don't allow removal of
information about copyright holders. BSD 3-clause license requires
(clause 1) retaining info about copyright holders, so does the Apache
2.0 license (clause 4a) and the GNU GPLv3 (clause 4).

So I don't know enough about your situation, but I doubt that what
happened to you was allowed by the license. Of course, enforcing the
license against violators is costly in modern societies, especially if
they are have more economic power than you.

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Re: tomboy-ng package with non standard license.

2020-09-12 Thread Paul Wise
On Sat, 2020-09-12 at 15:44 +1000, David Bannon wrote:

> Yes, I understand that. However, LCL Packages usually have no existence
> outside the Lazarus IDE.

IIRC the Lazarus IDE has a way to do command-line builds, this came up
in the TomboyReborn RFS #964087.

Is TomboyReborn the same thing as tomboy-ng?
Do we need multiple Tomboy rewrites in Debian?

> Sorry, unsure of what you mean here.

Depending on how you read it (strictly or with implications), the
license either does or does not allow modifications (DFSG item 3). A
license that depends on how you read it is an unclear license. An
unclear license is dangerous since you cannot know what the author
meant to allow. If you cannot know what the author meant then you
cannot be sure you are allowed to do what the unclear parts say. If you
think you are allowed to modify the code but the author does not and
then you modify the code, the author could sue. Personally I would be
fairly uncomfortable with relying on such a license. There are such
unclear licenses in packages in Debian, but usually they come with a
clarification via email about the intent of the clauses.

https://www.debian.org/social_contract#guidelines

In a recent case of this sort of thing that I discovered, I concluded
that the license was intended to cover modification, but only after one
of RedHat's lawyers clarified how they dealt with this case.

https://bugs.debian.org/963103
https://lists.debian.org/msgid-search/a8259f8fb4348c790076ffcaf8721ecba7c714a3.ca...@debian.org
https://lists.debian.org/msgid-search/caktje6gyyvhyvo0rvo-4bslcoofr2zn3e-0sgmtegr7+j7w...@mail.gmail.com

Also, based on Daniel Hakimi's mail, it sounds like the KControls
author may have illegally changed the license, since there is no
indication in the commit message that they got approval from all the
copyright holders and looking at the git history there are a couple of
other contributors other than Tomas Krysl, but OTOH their contributions
don't appear to be large so maybe they aren't copyrightable.

> Paul, I wonder if we can talk about the "should"s and the "must"s ? I
> really have no control over TK's license. If its unacceptable, then
> thats what it is. At some time in the future, its just possible i will
> use RichMemo instead but until then, this approach is the only one open
> to me. 

When it comes to unclear licenses, there is no should vs must, there is
only a murky zone where you cannot know anything correctly. Which way
to go really depends on the interpretation of the person reading the
license. I'm not a member of the Debian ftp-master team so I cannot
really predict which way they will go as the reject FAQ does not
mention unclear licenses.

https://ftp-master.debian.org/REJECT-FAQ.html

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Re: tomboy-ng package with non standard license.

2020-09-11 Thread Paul Wise
On Sat, Sep 12, 2020 at 1:21 AM David Bannon wrote:

> Unusually, I will be adding code from another repository into the Debian 
> Source package.

Dependencies should be packaged separately, not copied into the
package that depends on them.

> This code is distributed as a freeware. You are free to use it as part  of 
> your application for any purpose including freeware, commercial and  
> shareware applications. The origin of this source code must not be   
> misrepresented; you must not claim your authorship. All redistributions  of 
> the original or modified source code must retain the original copyright  
> notice. The Author accepts no liability for any damage that may result  from 
> using this code.

This license contains an implicit permission to modify, but it would
be much better to make it explicit. If you are going to go to the
trouble of asking upstream to get permission from all the copyright
holders to change the license, it would be much better to just switch
to a standard license (GPL, MIT or BSD) though.

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Re: BSDish licenses without explicit modification permission

2020-06-18 Thread Paul Wise
On Sat, Jul 6, 2019 at 1:55 AM Paul Wise wrote:

> conserver package is in non-free because of this issue but it appears a
> lot of people did not notice the lack of modification permission.
...
> https://www.conserver.com/pipermail/users/2019-July/msg1.html

Due to the interpretation provided by RedHat's lawyer and some
clarifications provided by Conserver upstream, I have filed a request
for Conserver to move from non-free to Debian main.

https://bugs.debian.org/963103

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Re: BSDish licenses without explicit modification permission

2020-05-24 Thread Paul Wise
On Sat, Jul 6, 2019 at 1:55 AM Paul Wise wrote:

> Does anyone have any thoughts about this?

I talked to one of RedHat's lawyers and they mentioned that they have
dealt with this problem too and concluded that these licenses were
intended to cover modification. The current wording of the initial
part of the BSD license reflects an attempt to correct an earlier
mistake (i.e. someone pointed out the error and Berkeley added "with
or without modification"). Also note that the anti-endorsement clause
implies a right to modify.

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Re: Is this BSD-3-Clause Variant DFSG-compliant?

2020-05-24 Thread Paul Wise
On Sun, May 24, 2020 at 4:34 PM Eriberto Mota wrote:

> For me it is not DFSG-compatible because I can't see a clause about
> allowing modifications in source code.

I brought this up on debian-legal a while ago:

https://lists.debian.org/msgid-search/a8259f8fb4348c790076ffcaf8721ecba7c714a3.ca...@debian.org

Since then I talked to one of RedHat's lawyers and they mentioned that
they have dealt with this problem too and concluded that these
licenses were intended to cover modification. The current wording of
the initial part of the BSD license reflects an attempt to correct an
earlier mistake (i.e. someone pointed out the error and Berkeley added
"with or without modification"). Also note that the anti-endorsement
clause implies a right to modify.

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Re: UEFI Revocation List being distributed by Debian

2020-05-06 Thread Paul Wise
On Thu, 2020-05-07 at 07:26 +0200, Florian Weimer wrote:

> It also has to be optional and disabled by default because a future
> dbx update may be specifically designed to stop Debian systems from
> booting.  No Debian user will want to install such an update.

Isn't the point of these updates to fix security issues, not to block
systems from booting? Presumably fwupd can be made to not install dbx
updates that would block use of the shim binary currently in use.

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Re: UEFI Revocation List being distributed by Debian

2020-05-06 Thread Paul Wise
On Thu, May 7, 2020 at 3:06 AM Mario Limonciello wrote:

> there are concerns if this would fit within the DFSG
>
> https://uefi.org/revocationlistfile

Since it does not include modification permission and several
restrictions on redistribution, this license is unlikely to meet the
DFSG requirements. I suggest contacting the UEFI folks to ask why
these restrictions are needed at all. A regular BSD/MIT license should
be enough to meet their purposes. OTOH, I'm not sure if the data meets
the requirements for copyrightability, in which case the license would
not need to be complied with at all.

https://www.debian.org/social_contract#guidelines
https://en.wikipedia.org/wiki/Threshold_of_originality

> Recently there has been a discussion within upstream fwupd to start including 
> the UEFI dbx revocation list directly with the fwupd package.

This sort of data is liable to be out of date if included in the
source code of fwupd, I think this should be separate to fwupd in the
same way that tzdata is separate to glibc and DNSSEC root keys are
separate to DNS servers and the web PKI CAs should be separate to web
browsers. I suggest that fwupd download it directly from the UEFI
website and update the copy within the boot firmware that way.

> Furthermore, if it is not acceptable to distribute this raw data in Debian, 
> one of the options being considered is to programmatically re-generate a list 
> of invalid hashes but without the signatures in the original file.  Would 
> that be acceptable to distribute in Debian instead?

I don't think that is meaningfully different to the original files,
since it would be derived from the original files?

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Re: UEFI Revocation List being distributed by Debian

2020-05-06 Thread Paul Wise
On Thu, May 7, 2020 at 3:06 AM Mario Limonciello wrote:

> https://uefi.org/revocationlistfile

For the benefit of the mailing list archive, here is a copy of that
page in plain text form:

UEFI Revocation List File

ACCESS TO THE UEFI REVOCATION LIST FILE

This file is used to update the Secure Boot Forbidden Signature
Database, dbx. It contains the raw bytes passed in *Data to
SetVariable()... an EFI_VARIABLE_AUTHENTICATION_2 concatenated with
the new variable value.  Example usage: SetVariable( "dbx",
EFI_IMAGE_SECURITY_DATABASE_GUID, NV+BS+RT+AT+AppendWrite,
dbxUpdateDotBin_sizeInBytes, *dbxUpdateDotBin_bytes). dbxupdate.bin
already contains a Microsoft KEK signature (encoded as specified by
the UEFI spec).

UEFI Revocation List File - available for download here (last updated
on August 8, 2016).

http://www.uefi.org/sites/default/files/resources/dbxupdate.zip

UEFI Download Page Terms of Use for Microsoft Corporation's UEFI
Revocation List file ("UEFI Revocation List")

By downloading the UEFI Revocation List file ("UEFI Revocation List")
from this website (www.uefi.org), you agree to the following terms.
If you do not accept them, do not download or use the UEFI Revocation
List.

These terms do not provide you with any legal rights to any
intellectual property in any Microsoft product.

You may copy and use the UEFI Revocation List for your internal,
reference purposes and to design, develop, and test your software,
firmware or hardware, as applicable; and you may distribute the UEFI
Revocation List to end users solely as part of the distribution of an
operating system software product, or as part of the distribution of
updates to an operating system product; and you may distribute the
UEFI Revocation List to end users or through your distribution
channels solely as embodied in a firmware product or hardware product
that embodies nontrivial additional functionality. Without limiting
the foregoing, copying or reproduction of the UEFI Revocation List to
any other server or location for further reproduction or
redistribution on a standalone basis is expressly prohibited.

If you are engaged in the business of developing and commercializing
hardware products that include the UEFI standard, you may copy and use
the UEFI Revocation List for your internal, reference purposes and to
design, develop, and test your software; and you may distribute the
UEFI Revocation List end users solely as part of the distribution of
an operation system software product, or as part of the distribution
of updates to an operation system software product. Without limiting
the foregoing, copying or reproduction of the UEFI Revocation List to
any other server or location for further reproduction or
redistribution on a standalone basis is expressly prohibited.

The UEFI Revocation List is provided “as-is.” The information
contained in the UEFI Revocation List may change without notice.
Microsoft does not represent that the UEFI Revocation List is error
free and you bear the entire risk of using it.  NEITHER MICROSOFT NOR
UEFI MAKES ANY WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE
UEFI REVOCATION LIST, AND MICROSOFT AND UEFI EACH EXPRESSLY DISCLAIMS
ALL OTHER EXPRESS, IMPLIED, OR STATUTORY WARRANTIES.  THIS INCLUDES
THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL
MICROSOFT OR UEFI BE LIABLE FOR ANY SPECIAL, INDIRECT OR SONSEQUENTIAL
DAMAGES OR ANY DAMAGES WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH
THE USE OR DISTRIBUTION OF THE UEFI REVOCATION LIST, WHETHER IN AN
ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION.

YOU AGREE TO RELEASE MICROSOFT (INCLUDING ITS AFFLIATES, CONTRACTORS,
AGENTS, EMPLOYEES, LICENSEES AND ASSIGNEES) AND UEFI (INCLUDING ITS
AFFILIATES, CONTRACTORS, AGENTS, EMPLOYEES, LICENSEES AND SUCCESSORS)
FROM ANY AND ALL CLAIMS OR LIABILITY ARISING OUT OF YOUR USE OR
DISTRIBUTION OF THE UEFI REVOCATION LIST AND ANY RELATED INFORMATION.

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Re: FreeMedForms projet

2020-01-11 Thread Paul Wise
On Sat, 2020-01-11 at 17:08 +0100, Eric Maeker wrote:

> I'm really sorry, but I can not answer to everyone and all your
> questions. I feel a bit flooded.

Sorry about that, I hope one final email is not too much.

> About the website and the DFSG compliance, please consider that the
> website translations are out of sync. FreeMedForms integrates now one
> extra content : code128.ttf, that is not clearly licenced (
> https://grandzebu.net/informatique/codbar/code128.ttf /  
> https://www.dafont.com/fr/code-128.font). This is required for all
> user who wants to print bar codes (see 
> https://freemedforms.com/fr/news/versions/110#codes_barres)... This
> is why the package is mentioned "not 100% DSFG compatible". But may
> be we made an error (that anyone can correct) ?

According to the font metadata and the font website, the Code 128 font
is licensed under the GPL so is probably free. Since it is a separate
project to yours though, it should be packaged separately in Debian and
your package should then depend on it.

https://grandzebu.net/informatique/codbar-en/code128.htm

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Re: FreeMedForms projet

2020-01-10 Thread Paul Wise
On Fri, 2020-01-10 at 17:34 +0100, Eric Maeker wrote:

> We know that at least two forks exists (this is what our private data
> server's log tells us). We do not receive any patch, invitation to
> git repos, or any kind of official informations or queries.

Having multiple forks and having folks not bother to send feedback is
normal in Free Software, especially for software that uses github.
There was a blog post about this recently but I'm unable to find it. I
would not worry about there being forks available, instead focus on the
feedback that you do get and try to build a community around the code. 

> we decide that our git repository will not be freely accessible. 

I encourage you to consider changing back to an open repository; as
Andreas has pointed out, this is already affecting other potential
contributors and affecting potential redistribution of your software.

> Approval does only concern ... the ability to join the project as
> member (coder, tester, communication manager...).

This is normally how things work, you build up trust through your
contributions to a project and then they invite you to join.

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Re: FreeMedForms projet

2020-01-10 Thread Paul Wise
On Fri, 2020-01-10 at 13:01 +0100, Eric Maeker wrote:

> Sounds like we are travelling to "contrib" or "non-free" package ? Or
> may be "non-debian" ?

The section of Debian a package is added to depends solely on the DFSG
compliance of the software (freely licensed and released source code).
Whether software is classed as non-Debian depends on the quality of the
software and on Debian having permission to redistribute the software.

https://www.debian.org/social_contract#guidelines

It sounds like your software is probably DFSG compliant but that you
have some organisational issues that are not best practice for a proper
 Free Software project. While I would encourage you to fix those
issues, they are by no means a requirement for your software to enter
Debian.

The bigger problem for entering Debian is what Andreas mentions, that
the software uses Qt4 instead of Qt5. Once you have released a new
version that uses Qt5 it could potentially enter Debian.

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Re: FreeMedForms projet

2020-01-09 Thread Paul Wise
On Fri, Jan 10, 2020 at 2:02 AM Paul Wise wrote:

> I don't like this, people seeking source code should not have to get
> approval first. That said, I note that the source code is available
> directly from the site without approval.

I missed seeing that the git repository containing the source is
private. I don't like that, development versions and the development
process should be public and allow external people to participate.

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Re: FreeMedForms projet

2020-01-09 Thread Paul Wise
On Thu, Jan 9, 2020 at 8:00 PM Eric Maeker wrote:

> Free Source code is provided to any demander approved by the NPO, code 
> licence is still the same.

I don't like this, people seeking source code should not have to get
approval first. That said, I note that the source code is available
directly from the site without approval.

> But, the code documentation is only reserved to approved developers by this 
> NPO.

I definitely don't like this, it would be much better to publish the
code documentation to everyone under a free license.

> We do encourage new dev to apply to our NPO and to sign a CLA (which is still 
> a draft piece of text actually).

I don't like this either, it would be much better for devs to release
their contributions under the same license that you do, then you can
incorporate their changes, preserving their copyright over their
changes and passing on their license to you to downstream users. So
the whole of the software is then owned by a variety of copyright
holders, each of whom also have to abide by the license given to them
by the other contributors. The license on the software then cannot be
changed without contributor consensus, so it becomes a much more solid
project from a user perspective. Single-owner projects are much more
easy to turn proprietary.

http://ebb.org/bkuhn/blog/2014/06/09/do-not-need-cla.html

> The problem is that FreeMedForms EHR needs access to private data

Could you explain why this data needs to be private? It would be much
better to release it publicly under a free license.

> The private data are only available to paying partners to the NPO.

Is this the only form of income that the NPO has available to it? It
sounds like the NPO is seeking what is called an "Open Core" business
model, where the core part of the project is public and freely
licensed but addons are proprietary. The incentives here can be quite
perverse, often companies seek to prevent outside contributions to the
core or even remove features from the core so that more people start
paying them for the proprietary addons. So I encourage you to consider
alternative income streams.

I think the best option for the would be to consult with as many of
the practices, clinics, hospitals and emergency departments that you
know about that use the software and find out the best way for the NPO
to have enough resources to continue development consistent with the
interests of the community of folks who use the software. Examples of
potential income models could include: large grants/sponsorships that
cover development and other costs, a membership subscriber base that
pays for all maintenance and development costs, or more of a
crowd-funding model where folks interested in specific features pay
for their development, or a community of consultants that do all work
on the project as requested by their customers or possibly a
combination of these and other options.

> Forks trie to access our private data using the open sourced server protocol 
> (query to a php script).

I would suggest to just make the data public and under a free license,
but if you don't want to do that, the way to go would be to setup an
e-commerce site where people have to pay before they can download the
private data and then have in the software a way to load the locally
saved data that has been downloaded from the site. I believe there are
some freely licensed e-commerce tools in Debian and the consultants
that offer support for Debian in your area might be able to help with
finding, installing and configuring them.

https://www.debian.org/consultants/
https://lists.debian.org/debian-consultants/

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Re: BSD license + should

2019-11-24 Thread Paul Wise
On Mon, Nov 25, 2019 at 3:40 AM Michael Banck wrote:

> (please CC me on replies)

Done.

> |4. Every use of

I'm not sure copyright restricts mere use of software so this clause
might be unenforceable?

> |should acknowledge the following publication:

It sounds like license drafters should not use the word "should"
because of its legal ambiguity :)

https://legal-dictionary.thefreedictionary.com/should
https://www.faa.gov/about/initiatives/plain_language/articles/mandatory/
https://definitions.uslegal.com/s/shall/

> I am wondering whether this is DFSG-free as this fourth clause is a
> should, not a must (and it is good academic practise to cite anyway)?

It all rests on the interpretation of "should". I lean towards
interpreting should as optional but I lean towards treating ambiguity
as non-free :)

> If not, can you suggest a rephrasing of this clause that would make it
> DFSG-free, but be similar in spirit (i.e. nudge the user to cite the
> package if they publish results based on its use)?

No matter what the DFSG status is, I would suggest rewording and
moving the clause to the software description or documentation, simply
because people using the software aren't necessarily likely to be
reading the license, especially users of redistributors like Debian.

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Re: MIBs from RFCs

2019-10-02 Thread Paul Wise
On Thu, Oct 3, 2019 at 6:45 AM Craig Small wrote:

>  I'm the Debian Developer for net-snmp. This package includes MIB files that 
> translate human-readable SNMP parameters into numbers computers can 
> understand. Sort of like a DNS hosts file for SNMP.

These sound like things that should not be copyrightable, I guess due
to the inclusion of descriptions that they are though.

> * MIB files created from RFCs dated March 2005 to 10 November 2008 might be 
> OK, depending on what people think of the clauses in 3.3.C in RFC 3978[5]

This RFC appears to be only about what contributors to RFCs grant to
the IETF, not the general public?

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BSDish licenses without explicit modification permission

2019-07-05 Thread Paul Wise
Hi all,

There are several packages (including GCC and Linux) in Debian that
contain files released under several different BSDish licenses that are
missing the explicit modification permission. Many of these files
contain comments indicating that they likely have been modified. I
think that these files are non-free and that their license is being
violated by both Debian and the corresponding upstream projects. The
conserver package is in non-free because of this issue but it appears a
lot of people did not notice the lack of modification permission.

Does anyone have any thoughts about this?

 * Is there some aspect of the situation that I have missed?
 * Should we ignore it as we seem to have done since 1989?
 * Should we add a lintian warning about this?
 * Should we file lots of RC bugs about this?
 * Should I be discussing this elsewhere?

https://codesearch.debian.net/search?perpkg=1=Redistribution+and+use+in+source+and+binary+forms+%28are%7Cis%29+permitted
https://www.conserver.com/pipermail/users/2019-July/msg1.html

Examples of the licenses:

---

   Redistribution and use in source and binary forms are permitted
   provided that the above copyright notice and this paragraph are
   duplicated in all such forms and that any documentation,
   advertising materials, and other materials related to such
   distribution and use acknowledge that the software was developed
   by the University of California, Berkeley.  The name of the
   University may not be used to endorse or promote products derived
   from this software without specific prior written permission.
   THIS SOFTWARE IS PROVIDED ``AS IS'' AND WITHOUT ANY EXPRESS OR
   IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE IMPLIED
   WARRANTIES OF MERCHANTIBILITY AND FITNESS FOR A PARTICULAR PURPOSE.

---

   Redistribution and use in source and binary forms are permitted
   provided that this notice is preserved and that due credit is given
   to the University of California at Berkeley. The name of the University
   may not be used to endorse or promote products derived from this
   software without specific written prior permission. This software
   is provided ``as is'' without express or implied warranty.

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Re: Missing source in firefox-esr: EME module

2019-07-05 Thread Paul Wise
On Sat, Jul 6, 2019 at 5:41 AM Francesco Poli wrote:

> Then, the strategy could be similar to [flashplugin-nonfree]:
> a package (in Debian contrib) that automatically downloads and install
> the non-free module from the upstream distributor, and installs it...

IIRC the Debian maintainers of Firefox are now Mozilla employees. I
speculate that Mozilla has a contract with Google about how they bring
Widevine to Firefox users. I speculate that a downloader package might
not comply with that contract. I speculate that Mozilla would not be
willing to deviate from that contract for Firefox upstream since
Firefox users worldwide would lose access to Widevine and to content
they expect to work. I speculate that, due to the contract, modifying
Firefox in Debian to use a downloader package for Widevine might not
be allowed under Firefox's trademark license. That said, it sounds
like a download package could divert the Firefox binaries to a script
that sets the MOZ_GMP_PATH environment variable to the location for
Widevine. That might conflict with the gcm-sources I mentioned in an
earlier mail though, depends on what order the environment variable
and the gcm-sources are loaded in.

https://wiki.mozilla.org/GeckoMediaPlugins

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Re: Missing source in firefox-esr: EME module

2019-07-03 Thread Paul Wise
On Wed, Jul 3, 2019 at 9:38 AM Mihai Moldovan wrote:

> I wonder why no one brought it up yet, but here we go: IMHO, downloading 
> pre-defined proprietary software should completely be disabled/removed in 
> Firefox and the proprietary Widevine module be properly packaged as a package 
> in non-free - with at most a Suggests dependency in the firefox(-esr) 
> package. The nag bar might tell people to install this additional package.

The Widevine license does not allow redistribution.

https://sources.debian.org/src/firefox-esr/60.7.2esr-1/toolkit/content/gmp-sources/widevinecdm.json

"Linux_x86_64-gcc3": {
  "fileUrl":
"https://redirector.gvt1.com/edgedl/widevine-cdm/4.10.1196.0-linux-x64.zip;,

LICENSE.txt from the zip contains this:

"Google Inc. and its affiliates ("Google") own all legal right, title and
interest in and to the content decryption module software ("Software") and
related documentation, including any intellectual property rights in the
Software. You may not use, modify, sell, or otherwise distribute the Software
without a separate license agreement with Google.  The Software is not open
source software.

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Re: Custom license conditions and grant for Wordplay package

2019-04-28 Thread Paul Wise
On Sun, Apr 28, 2019 at 12:40 PM Moshe Piekarski wrote:

> The copyright holder made a statement on Facebook chat that he considers
> the code to be in the public domain. Is that enough for me to consider
> it such?

Unfortunately dedicating code to the public domain is not feasible
world-wide so a license is needed for areas where it does not exist or
cannot be contributed to before death. The Creative Commons Zero (CC0)
license aims to come as close as possible to a world-wide public
domain dedication so the copyright holder might want to use that
instead. Personally I would choose a copyleft license instead like the
GNU General Public License so that people using the software are
likely to also get a buildable copy of the code.

https://creativecommons.org/share-your-work/public-domain/cc0/
https://creativecommons.org/choose/zero/

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Re: Free Software Guidelines Question

2019-04-04 Thread Paul Wise
On Thu, Apr 4, 2019 at 2:15 PM Wade Pinkston wrote:

> My company manufactures high-end IR sensors, IR Quadrant detectors, IR PSDs, 
> and associated electronics.
...
> Is there a way to release a free software package for Debian, but maintain IP 
> rights to it?

>From the perspective of your end users, I expect the best option would
be a standard interface that works with all the hardware of this kind
made by your company and its competitors and a library of FLOSS code
that supports that interface. Failing that, a library of FLOSS code
that abstracts all the vendor-specific interfaces would be acceptable
but more effort to maintain. New entrants would likely have to either
copy one of the other existing interfaces or add their own interface
to the library.

That perspective leads to an ecosystem of vendors focussing on various
niches based on price, quality etc rather than one vendor monopolising
most of the market through lock-in. That might not be desirable to
your company, but if it makes things easier for your potential end
users, it might end up growing the market.

At some point you might find that your end users will, since they are
technical folks, reverse engineer your code and that of your
competitors and write the second solution I suggested above. Then you
might end up spending time and money maintaining code that none of
your end users are using.

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Re: FRR package in Debian violates the GPL

2019-03-18 Thread Paul Wise
On Mon, Mar 18, 2019 at 7:36 PM David Lamparter wrote:

> Huh.  This is slightly surprising to me, I thought binaries always need
> a license attached too.  But now that I think about it, indeed I don't
> even know how I would get a license "label" for a random binary .deb...
> (as you say, the shipped copyright file documents its sources...)

There is a debhelper feature that lets you put different copyright
files into each binary package. I've used it in the past where a utils
package had a different license to the library package. We certainly
don't systematically do this, as there is simply no way to determine
what file in the binary package is derived from what file(s) in the
source package and what command produced them.

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Re: redistribution of the ARIN TAL

2019-02-27 Thread Paul Wise
On Thu, Feb 28, 2019 at 11:17 AM Paul Wise wrote:
> On Thu, Feb 28, 2019 at 6:36 AM Marco d'Itri wrote:
>
> > Contractual law would apply to entities downloading the TAL from the
> > ARIN web site, but I cannot see how they could apply to a Debian
> > maintainer who received anonymously the TAL by email...
>
> IANAL, so I wonder how one could be subject to a contract when
> downloading a file that doesn't even require a click-through agreement
> form?

So far we have come up with possible DMCA & contractual law issues
related to redistributing this file. I think we should get actual
lawyers on the case to figure this out and I suggest you contact the
DPL in order to proceed with that, IIRC Debian has access to lawyers
at Conservancy or the SFLC, I forget which.

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Re: redistribution of the ARIN TAL

2019-02-27 Thread Paul Wise
On Thu, Feb 28, 2019 at 6:36 AM Marco d'Itri wrote:

> Contractual law would apply to entities downloading the TAL from the
> ARIN web site, but I cannot see how they could apply to a Debian
> maintainer who received anonymously the TAL by email...

IANAL, so I wonder how one could be subject to a contract when
downloading a file that doesn't even require a click-through agreement
form?

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Re: redistribution of the ARIN TAL

2019-02-27 Thread Paul Wise
iction, then to the extent
necessary to make such provision and/or this Agreement
legal, valid, or otherwise enforceable, such provision will be
limited, construed, or severed and deleted from this
Agreement, and the remaining portion of such provision and the
remaining other provisions hereof will survive, remain in
full force and effect, and continue to be binding, and will be
interpreted to give effect to the intention of the parties insofar
as possible.

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On Thu, Feb 28, 2019 at 6:36 AM Marco d'Itri  wrote:
>
> (Please Cc me on replies.)
>
> On Feb 16, Paul Wise  wrote:
>
> > > And they are arguing that people cannot download this file from
> > > a well-known location without first agreeing to some conditions.
> > Do you have any info on the conditions?
> Here they are:
> https://www.arin.net/resources/rpki/tal.html
>
> > IANAL, but it doesn't seem copyrightable to me. I guess there could be
> > other laws affecting this though.
> Contractual law would apply to entities downloading the TAL from the
> ARIN web site, but I cannot see how they could apply to a Debian
> maintainer who received anonymously the TAL by email...
>
> Some background: 
> https://pc.nanog.org/static/published/meetings/NANOG75/1900/20190219_Yoo_Rpki_Legal_Barriers_v1.pdf
>
> --
> ciao,
> Marco



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Re: redistribution of the ARIN TAL

2019-02-15 Thread Paul Wise
On Fri, Feb 15, 2019 at 7:00 PM Marco d'Itri wrote:

> And they are arguing that people cannot download this file from
> a well-known location without first agreeing to some conditions.

Do you have any info on the conditions?

> Does everybody agree that this is bullshit and that we can distribute
> this data in Debian packages as much as we like?

IANAL, but it doesn't seem copyrightable to me. I guess there could be
other laws affecting this though.

> (Please Cc: me on replies.)

Done.

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Re: Hacking License

2018-12-10 Thread Paul Wise
On Tue, Dec 11, 2018 at 1:45 AM Paul Jakma wrote:

> There is an issue with the GPL style copyleft of abuse by corporates. In
> particular, abusing the ability to discharge source distribution
> privately, and then using various forms of side-contracts to
> (indirectly) "discourage" recipients from exercising their GPL rights.
>
> As this all happens in private, it makes it hard for copyright holders
> to take action. It can be hard to gather basic facts (e.g. the side
> contracts). The recipients - who are potentially having their GPL
> rights impinged - are not necessarily willing to even tell the
> copyright holders about this, never mind co-operate. Etc.

If you are talking about grsecurity, the contract from 2017 was on
their website, is now on archive.org but the current version is not
public:

https://web.archive.org/web/20170805231029/https://grsecurity.net/agree/agreement.php
https://grsecurity.net/agree/agreement.php
https://grsecurity.net/agree/agreement_faq.php

> Then there's the more general issue that the AGPL doesn't really work
> for non-interactive distributed-system software, should you want your
> distributed-system software to have its source be made available to
> anyone operating other bits (or implementations of) the distributed
> system.

I think that would depend on the protocol used and that many of them
would have room for extensions that could include instructions for
obtaining source code.

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Re: Compatibility of GPLv2 and Apache v2 (OpenSSL again)

2018-12-07 Thread Paul Wise
On Sat, Dec 8, 2018 at 2:53 AM Sebastian Andrzej Siewior wrote:
> On December 7, 2018 6:34:39 PM UTC, Francesco Poli wrote:
> >
> >It was a long ongoing process.
> >The news is that it seems to have finally come to an end...

This appears to be the commit where it happened:

https://github.com/openssl/openssl/commit/151333164ece49fdba3fe5c4bbdccd9ae66d

Subsequent commits changed mention of the license in various locations.

> Yes. It is okay for "GPLv2 or later" but I'm curious if it is still okay for 
> GPLv2 only projects with the exception I mentioned to link against libssl 
> once it is Apache v2 licensed.

It depends on the wording of the particular exception used, but IIRC
the standard one allows linking with OpenSSL regardless of license.

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Re: [Fedora-legal-list] The license of OpenMotif (Open Group Public License)

2018-10-26 Thread Paul Wise
On Sat, Oct 27, 2018 at 3:36 AM Florian Weimer wrote:

> Is it necessary that an open source license must allow porting to
> proprietary systems?  I don't think so today.  But based on what I
> found out about the OpenMotif license, people actually thought that
> back then.  This surprises me.  Has this changed?

If I am stuck on a proprietary platform because the available libre
platforms do not support my hardware (or for other reasons), I don't
think it is appropriate to disconnect me from the FLOSS world and
force me to only use proprietary software on top of the proprietary
platform. That would only *reduce* the amount of software freedom in
the universe, not increase it. As I understand it, the system library
exception is a way to work around the license incompatibility between
copyleft projects and the proprietary platforms they might be able to
run on, in order to *increase* the places Free Software can be used.

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Re: MongoDB Server Side Public License, Version 1 (SSPL v1)

2018-10-16 Thread Paul Wise
On Tue, Oct 16, 2018 at 10:04 PM Paul Wise wrote:

> I noticed MongoDB are pushing a new license that tries to be like the
> AGPL but more expansive in what software it covers and more expansive
> in what activities trigger the clauses within it.

These changes seem to be designed to create an unfair advantage for
their proprietary MongoDB Atlas tool for cloud hosting of MongoDB.

They are essentially trying to force one of a few possible actions out
of Amazon:

1) publish part of its proprietary infrastructure
2) stop providing mongodb
3) pay mongodb for a different license
4) fork it and continue providing an old version
5) purchase MongoDB Inc and use it against MS/Google

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MongoDB Server Side Public License, Version 1 (SSPL v1)

2018-10-16 Thread Paul Wise
Hi all,

I noticed MongoDB are pushing a new license that tries to be like the
AGPL but more expansive in what software it covers and more expansive
in what activities trigger the clauses within it.

They have posted to the OSI license review mailing list:

http://lists.opensource.org/pipermail/license-review_lists.opensource.org/2018-October/003603.html

For your convenience, I have included a full copy of the mail below,
which includes a justification section as well as full license terms.

From: Eliot Horowitz 
Date: Tue Oct 16 13:03:02 UTC 2018
Subject: [License-review] Approval: Server Side Public License, Version 1 (SSPL 
v1)

This license is being submitted for approval by its steward, MongoDB, Inc.

Rationale: Clearly state rationale for a new license

Today, Affero GPL 3.0 uses the broadest scope of copyleft, among the
commonly used open source licenses.  MongoDB has been making its
database software available under AGPL for many years now. AGPL was
written to close the “SaaS loophole” by requiring those offering
software as a service to make source code available. However, for some
kinds of software that is popular for cloud deployment, AGPL has not
resulted in sufficient legal incentives for some of the largest users
of infrastructure software, such as international cloud providers, to
participate in the community.   Many open source developers are
struggling with a similar reality, and some of our competitors have
moved to proprietary licensing models. The alternative, to be blunt,
is for us to be that last standing unpaid open source database
developer for cloud providers, who sell access to our software for
significant fees, but may not adequately contribute back to our
community. Faced with the choice of moving to a proprietary model by
applying licensing restrictions to our software, we prefer instead to
continue using the copyleft model to create a workable incentive for
cloud providers to share with the rest of the community.

The Remote Network Interaction provision of AGPL has not provided
enough incentive to change the behavior of cloud providers for several
reasons:

·It is not clear that it extends to software that controls the
functionality of the database software, such as management,
automation, monitoring, storage and hosting software.

·It only applies if the software is modified, and the
definition of a modification references back to copyright principles
that are not settled law.

We have addressed each of these concerns in the Server Side Public
License, by (i) clarifying that the copyleft obligation applies to
those who make the functionality of the software available to third
parties, (ii) expressly including management, automation, monitoring,
storage and hosting software that is integrated with the functionality
of the database software, and (iii) removing the modification
requirement.


Distinguish: Compare to and contrast with the most similar
OSI-approved license(s)

This license is based on GPL 3.0, with the addition of a new Section
13 (Offering the Program as a Service) and other minor conforming
changes.  The text of the new Section 13 appears below, and we have
submitted the entire document in plain text as well.

“If you make the functionality of the Program or a modified version
available to third parties as a service, you must make the Service
Source Code available via network download to everyone at no charge,
under the terms of this License. Making the functionality of the
Program or modified version available to third parties as a service
includes, without limitation, enabling third parties to interact with
the functionality of the Program or modified version remotely through
a computer network, offering a service the value of which entirely or
primarily derives from the value of the Program or modified version,
or offering a service that accomplishes for users the primary purpose
of the Software or modified version.

“Service Source Code” means the Corresponding Source for the Program
or the modified version, and the Corresponding Source for all programs
that you use to make the Program or modified version available as a
service, including, without limitation, management software, user
interfaces, application program interfaces, automation software,
monitoring software, backup software, storage software and hosting
software, all such that a user could run an instance of the service
using the Service Source Code you make available.”

Legal review: Describe any legal review the license has been through,
and provide results of any legal analysis if available.

This new clause for the license was drafted with input from the
business and legal team at MongoDB, Inc., with assistance from outside
counsel Heather Meeker, and with input from certain outside community
members.  Its drafting has been the subject of significant internal
discussion, including as to its compliance with the requirements of
the Open Source Definition, and the efficacy of 

Re: dual licensed + build generated png (GPL-2+ or CC-BY-SA-4.0+)

2018-09-14 Thread Paul Wise
On Fri, Sep 14, 2018 at 2:30 PM, Samuel Henrique wrote:

> Looking at the files of the software, Example of that is that some
> files like .sh ones are GPL-2+ and some .svg are CC-BY-SA-4.0+.
>
> I'm assuming this can be solved by:
>
> Files: *
> Copyright: YEARS NAME
> License: GPL-2+
>
> Files: *.svg
> Copyright: YEARS NAME
> License: CC-BY-SA-4.0+

Correct.

> Although part of the build process consists of generating some png
> files from the svg ones, and by using the above I would be licensing
> them as GPL-2+, so...

debian/copyright only documents the license of the source, not any
license for build products. If you want to document the license for
the contents of the binary package, you can add a
debian/foobinpkg.copyright that represents the built binary package.
There are no standards in Debian for what binary package
copyright/license information should look like. Generally Debian does
not care about accurately representing the copyright information for
binary packages and just copies the source package copyright file into
the binary package.

> Considering that the d/copyright above is ok, there's still one thing
> missing, upstream don't explicitly mentions any license for png files,
> so am I correct that as long as we respect the svg license, we can
> chose the one we want to for the pngs and upstream doesn't have to
> care about that? And in that case, the license would obviously be the
> same as of the svg.

I assume that the png files are the result of mechanical conversion
from svg. If so the SVG copyright holders and license are transferred
to the PNG files. So the SVG and PNG files are CC-BY-SA-4.0+ and IIRC
CC-SA licenses do not allow relicensing (similar to the GPL).

> Oh, there is another thing, upstream does not mention its name on any
> of the svg files, it don't even mention the proper license on the
> file[2], the only place where there's [kinda] clearly attribution of
> license to svg files is on the README.md[3].

This is not true. I only looked at one file and found a license declaration:

  
...
http://creativecommons.org/licenses/by-sa/4.0/; />
  

https://salsa.debian.org/debian/adapta-gtk-theme/raw/6aa1f96171de5c8a3a45795c5153ade4e995a3fa/wm/asset/assets-metacity/button_close.svg

> Considering only this aspect, I would like advice on what I should
> suggest upstream to change in order to explicitly license its svgs (I
> would be glad to see examples on other softwares), it looks like
> upstream could be using other RDF fields on the svg for that[4].

They seem to be using that RDF for the SVG you linked to:

  
...
http://creativecommons.org/licenses/by-sa/4.0/;
/>https://creativecommons.org/choose/#metadata
  

https://salsa.debian.org/debian/adapta-gtk-theme/raw/6aa1f96171de5c8a3a45795c5153ade4e995a3fa/wm/asset/assets-xfwm/hide-inactive.svg

> And now considering that upstream still didn't made this changes, I
> could upload the package to Debian, right? I understand that the
> license could be more explicit but having it that way on README.md and
> on the other files seems like enough for a first upload, what do you
> think?

I think that if the RDF license information mentioned above was
actually missing and you made sure to comment on that and the note in
the README in debian/copyright, ftp-master would probably accept it.

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Re: DFSG compatibility of OASIS Open Document Format schema licenses

2018-08-19 Thread Paul Wise
On Mon, Aug 20, 2018 at 2:58 AM, Rob Browning wrote:

>   # However, this document itself may not be modified in any way

This part is fairly clearly non-free.

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Re: Font-Awesome 5 no build system DFSG compatibility

2018-07-25 Thread Paul Wise
On Thu, Jul 19, 2018 at 6:38 AM, Alexis Murzeau wrote:

> I have a question regarding the font-awesome v5 [0] and the DFSG.
>
> Since version 5, font-awesome upstream repository contains both source
> files and generated files but not the build system [1].

I would like to point out here that the build system exists, but is
both secret and proprietary, because upstream have a proprietary
version of the fonts that they are selling:

"Because Font Awesome sales a Pro version our build system will for
the time being remain private (we've got all of our for-pay icons in
there)."

> So it is not possible to regenerate generated files from source files
> without guessing which file are generated and which are sources.
> I've asked upstream about that [2] (but no response yet).

Personally, I don't consider things proper Free Software unless they
are built using an automatic, repeatable and
reproducible/deterministic mechanism from freely licensed source using
only tools that are themselves proper Free Software. Modification of
that source also must be possible using only tools that are themselves
proper Free Software. In addition I don't accept something as proper
Free Software if upstream has created one form of data from another,
truer, source form, thrown away the source form (or never saved it)
and then distributes only the prebuilt form, which they use as if it
were source but in truth intend to keep it read-only.

Debian's standards are somewhat lower, we require source be available
and DFSG-freely licensed. In addition the ftp-master policy (not sure
about the rest of Debian) has a policy that packages be buildable (but
not necessarily built) using tools only in main. We don't yet require
an automated build process, we don't yet require rebuilding from
source by Debian, we don't yet require reproducible/deterministic
builds, we don't have a policy about tools to modify the source, we
err on the side of taking upstream's word for it about source and we
don't have any policy about what counts as proper source.

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Re: Logos in Dask documentation

2018-06-05 Thread Paul Wise
On Wed, Jun 6, 2018 at 1:01 PM, Diane Trout wrote:

> Several logos are linked to in the Dask documentation, and
> I was wondering how I should resolve them.

Are they present in the source package or are you concerned about
privacy violations from browsers downloading remote images when
loading the local documentation?

In either case, having upstream remove the logos and replace them with
plain text will solve the issue.

> Here' is the list of logos and what I found for their terms of use.

I wouldn't recommend it, but one other solution is to just ignore the
logos and their licensing and keep them as-is. This is what Debian's
firefox packages do for the search engine logos.

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Re: legal implications of linking to libssl/openssl

2018-05-05 Thread Paul Wise
On Sun, May 6, 2018 at 8:39 AM, Sandro Tosi wrote:

> I know there were issues linking with openssl, but i dont know if it's
> still accurate, so i would like to ask the list: is it ok from a legal pov
> to switch from gnutls to openssl for transmission?

The situation is currently unchanged, the OpenSSL license is
incompatible with the GNU GPL family of licenses and an exception is
needed to allow combining code under those licenses and OpenSSL in the
same work.

https://people.gnome.org/~markmc/openssl-and-the-gpl.html

In the (very) near future, OpenSSL is planning to switch to the Apache
2 license, which is compatible with GPLv3 but not GPLv2. So code under
GPLv3-only, GPLv3+ and GPLv2+ licenses will be compatible with the new
license but GPLv2-only code will require an exception as before. The
standard exception used for the current license looks like it will
also be fine under the new license.

https://www.openssl.org/blog/blog/2017/03/22/license/
https://license.openssl.org/
https://www.openssl.org/blog/blog/2018/03/01/last-license/

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Re: clearing the use of a QP solver, and example code posted to a mailing list

2018-05-02 Thread Paul Wise
On Wed, May 2, 2018 at 10:08 PM, Stephen Sinclair wrote:

> I am preparing a package for Siconos: http://siconos.gforge.inria.fr/
>
> This software contains several 3rd-party sources used for numerical
> solutions etc.

In general, Debian and other distributions do not like it when
projects embed copies of their dependencies or other 3rd-party sources
in their own source repository or tarballs. Please talk to upstream
about removing them, or only adding them to their binary packages.

https://wiki.debian.org/EmbeddedCodeCopies

> with the exception of the QP solver, ql0001.f.  As far as I
> can tell this comes originally from
> http://www.klaus-schittkowski.de/ql.htm and, therefore, it has a
> non-DSFG license (free for educational use), which, as an upstream
> contributor, I have documented here:
> https://github.com/siconos/siconos/blob/master/externals/optim_misc/copyright

I agree with your assessment that this is not DFSG-free.

Since the QL author is easily contactable you might want to ask for
relicensing to something DFSG-free, like GPLv3+.

> [1] 
> https://github.com/ScilabOrg/scilab/blob/master/scilab/modules/optimization/src/fortran/ql0001.f

I quote the license from that URL for posterity:

c  NOTICE  c
c 1. The routines contained in this file are due to Prof. K.Schittkowski
c of the University of Bayreuth, Germany (modification of routines
c due to Prof. MJD Powell at the University of Cambridge). They can
c be freely distributed.
c
c 2. A minor modification was performed at the University of Maryland.
c It is marked in the code by "c umd".
c
c A.L. Tits and J.L. Zhou
c University of Maryland

Personally, I do not believe this text constitutes a DFSG-free license grant.

> Now, due to this I have made sure that Siconos compiles and runs
> without this file, but it implies significantly disabling the software
> as the QP solver is important to its functionality.  Given that this
> code (ql0001.f) is just an updated (and slightly modified by Siconos
> authors) version of the code found in Scilab [1], already packaged in
> Debian, I am wondering whether it really needs to be removed from the
> archive for the Siconos package to be DSFG-friendly.  The authors of
> Siconos consider it free specifically because it is already used by
> Scilab, but I cannot tell whether the version in Scilab was released
> under a different license.  It is also hard to tell since the upstream
> author does not host the source code as far as I can tell, but only a
> usage example and a license.

I believe that Scilab folks didn't consider the implications of the
original licensing when including the file into Scilab, nor when
modifying it. I don't think the code can be considered DFSG-free. I
think it should be removed from both Scilab and Siconos upstream. I
don't believe the license above even allows distributing copies of the
file. It allows transferring the code to someone else (making a copy
and deleting your copy), but not giving out copies.

> A second issue: one header file [2] used in the project contains code
> that was taken from a mailing list post [3] from 2008, and does not
> have a license.  However, it consists merely of a function
> demonstrating how to use the lu_factorize function from BOOST uBLAS to
> compute a determinant.  Although I have emailed the original author,
> it was posted many years ago, and I have not received a reply after a
> few weeks.  It seems silly to worry about a license for, basically,
> example code posted to a list with the clear intention of being used,
> but the function is not 100% trivial.  Does fair use or something play
> in here?  How to deal with this?

Debian is distributed in locations where fair use does not exist so we
cannot rely on fair use defences to copyright infringement. I'm not
sure if the function can be considered copyrightable but I think the
best approach here would be to delete the function from the code and
then have someone reimplement it.

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Re: Are register names and locations under copyright?

2018-01-11 Thread Paul Wise
On Thu, Jan 11, 2018 at 5:13 PM, Philipp Klaus Krause wrote:

> The source file would be pic16f1320.inc, which is part of gputils (which
> is packaged in Debian, the .inc file gets installed to
> /usr/share/gputils/header/pic16f1320.inc).

Hmm, I'm not sure these files should be in Debian main, a lot of them
say "Copyright 1999-2014 Microchip Technology, All rights reserved"
without specifying any license.

> For the future (i.e. post 3.7.0 release), SDCC plans to no longer ship
> the .h files for PIC in the tarball. Instead they would be generated at
> build-time from the .inc source files in the installed gputils.

That sounds like a reasonable plan, except it runs into the above
problem. The current situation also runs into that problem though.

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Re: Are register names and locations under copyright?

2018-01-10 Thread Paul Wise
On Wed, Jan 10, 2018 at 9:11 PM, Philipp Klaus Krause wrote:

> Problem: Hardware vendors want to impose non-free terms on the header
> files (via a copyright claim on the files that the headers were
> generated from).

I think we need more details. Are the files the headers were generated
from publicly available? Do they list any copyright/license
information?

> Are the register names and locations under copyright? Is the generated
> header file under copyright? If yes, who are the owners of the
> copyright? Does the situation vary across jurisdictions?
>
> SDCC developers are currently unsure about this.

I would strongly suggest SDCC developers obtain legal advice on this
topic, especially in light of Oracle v Google.

Software Freedom Conservancy may be able to help with this:

https://sfconservancy.org/

> For some targets, SDCC already has such files (e.g.
> https://sourceforge.net/p/sdcc/code/HEAD/tree/trunk/sdcc/device/non-free/include/pic16/pic18f1320.h).

I note this in the file you mention:

 * This file is generated automatically by the cinc2h.pl, 2016-04-13
17:23:42 UTC.

In addition to the hardware vendors copyright issue, clearly this
header is not the source form under the GPL's "preferred form for
modification" requirements, nor under DFSG item 2 and therefore Debian
cannot distribute it without the source.

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Re: Are register names and locations under copyright?

2018-01-10 Thread Paul Wise
On Thu, Jan 11, 2018 at 1:13 AM, Milan Kupcevic wrote:

> It is widely held in the IT industry, and in technical industries in
> general, that interface descriptions and definitions can not be legally
> protected as that would stop development and production of compatible
> replacement parts by third parties. This widely held belief could be
> changed by a court decision or a new law in any given jurisdiction at
> any time.

As we saw in the Oracle v Google case over the Java APIs, this widely
held belief is not necessarily correct.

https://en.wikipedia.org/wiki/Oracle_America%2C_Inc._v._Google%2C_Inc.

The result of the case was that the Java APIs are copyrightable, but
that Google's use of them was fair use. Unfortunately fair use is not
internationally widespread and not the same everywhere it is
implemented.

https://en.wikipedia.org/wiki/Fair_use#Influence_internationally

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Re: Inquire about ECCN for Debian GNU/Linux and how to deal with revised EAR

2017-12-21 Thread Paul Wise
On Thu, 2017-12-21 at 17:22 +0900, Ikeda Yuichi wrote:

> Thank you for reply, it has helped me to discuss with experts.

If you reach a conclusion, please let us know the results.

> I have shared this announcements to some engineers
> who has related work about Linux and embedded systems.

Excellent, thank you for that.

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Re: Inquire about ECCN for Debian GNU/Linux and how to deal with revised EAR

2017-12-12 Thread Paul Wise
On Tue, Dec 12, 2017 at 8:57 PM, Ikeda Yuichi wrote:

> I like excellent package system of Debian operating system.
> I have been using for a long time. Thank you.

You might like to have your company listed as a commercial user of
Debian on our website.

https://www.debian.org/users/

> Therefore, please let me ask questions about the following.

The last time we had any interaction with the BIS/EAR/ECCN was a very
long time ago, so it isn't surprising that the regulations have
changed. I don't think people on this mailing list have any more
information than what is listed on the USExportControl wiki page and
legal web page..

PS: based on your email address your company seems to be located in
Japan? Next year the annual Debian conference will be in Asia for the
first time and it will be held in Hsinchu, Taiwan. We welcome
sponsorship, volunteers and attendees, hopefully your company is
interested in sponsoring and can send some developers to Taiwan next
year.

https://debconf18.debconf.org/
https://debconf18.debconf.org/sponsors/
https://wiki.debconf.org/wiki/DebConf18

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Re: Preinstall slightly modified Debian on laptops for sale

2017-12-07 Thread Paul Wise
On Thu, Dec 7, 2017 at 8:27 PM, Kumar Appaiah wrote:

> I am working with a team that is working on a low-cost laptop that
> would be GNU/Linux based. When it comes to choice of distribution that
> would be preinstalled on the laptop, Debian is among them.

When that happens, please ensure you get added to our list of preinstallers:

https://www.debian.org/distrib/pre-installed

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Re: configure.in is missing but...

2017-11-24 Thread Paul Wise
On Fri, Nov 24, 2017 at 9:33 PM, Ian Jackson wrote:

> Can't you find a copy of the configure.ac somewhere ?  If not, you may
> be able to reconstruct one.  Skimreading the configure script suggests
> that wouldn't be too hard.

It looks like the jpeg-6b-steg is a modified embedded code copy of
libjpeg6b. outguess upstream really should send their patches in
jpeg-6b-steg.diff to libjpeg upstream and remove the copy. I expect
that outguess is probably vulnerable to the various libjpeg CVEs that
have been released over the years.

Looking at the unmodified source code, libjpeg upstream didn't release
their configure.ac file until libjpeg7:

http://ijg.org/files/jpegsrc.v6b.tar.gz
http://ijg.org/files/jpegsrc.v7.tar.gz

So I think what needs to happen here is that outguess needs a proper
upstream project to exist and be active, remove the embedded code copy
and port the diff to a newer libjpeg and upstream that and then get
that uploaded to Debian.

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Re: EULA vs BSL

2017-11-17 Thread Paul Wise
On Fri, Nov 17, 2017 at 10:24 PM, IOhannes m zmölnig (Debian/GNU) wrote:

> i was playing with the idea about packaging the Decklink SDK by
> Blackmagic (this is an SDK to access digital video grabbing cards).

It might be better to invest in more Free Software friendly cards that
are supported by v4l/etc. I have no idea about this field, but I
believe the DebConf video team is now using this board:

https://hdmi2usb.tv/numato-opsis/

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Re: Can a license be "DFSG approved"?

2017-10-27 Thread Paul Wise
On Thu, Oct 26, 2017 at 9:53 PM, David Seaward wrote:

> I suggested DFSG flagging, and SPDX are interested in a machine-
> readable status list. [2] Is there such a thing?

There is not such a thing.

> I was also reminded of the comment below, and wondered in retrospect if
> a flagging licenses as "DFSG approved" actually makes sense?

The DFSG is not a body that can approve things. You could say "DFSG
compatible", or "foo version X under license Y was approved by the
Debian ftp-masters".

> It is possible to have a package containing software under a "free"
> license with some other aspect that makes it non-free.

Yes, the DFSG covers more than just licensing.

> debian-legal comments on a license in abstract, not applied to any
> particular software. While these discussion can suggest possible
> problems, often no firm answers can be reached until some specific
> software is examined. [3]

debian-legal is just a discussion forum, not any official Debian body.
Often folks here try to avoid discussion in the abstract because
discussions without details can lead to incorrect or poor-fit
conclusions and suggestions. We can of course try to suggest possible
problems even without full details.

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Re: Is there a list contains all debian packages and it's license ?

2017-09-23 Thread Paul Wise
On Sat, Sep 23, 2017 at 8:38 AM, Yanhao Mo wrote:

> but what I really want to know is that is there such a list that display
> all debian packages with their licenses, just like the following link
> about rhel[1].

There is no single list of licenses for each Debian package,
just the individual copyright files in each source/binary package.

What are you doing that requires a single list for all packages?

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Re: Do i need to purchase any License

2017-07-17 Thread Paul Wise
On Tue, Jul 18, 2017 at 1:33 AM, ardavan izadi wrote:

> I’m not sure about Debian licensing and don’t understand very well as it’s
> long and confusing to me.

A fairly good introduction to Free Software licensing is available here:

https://www.debian.org/intro/free

The FAQ Walter Landry sent a link to is good too.

> I would like to use Debian on a single board computer for commercial use.
> We’re going to produce an IoT gadget and eventually sell to the market.

Since you are going to distribute Debian to users, and Debian includes
a lot of copyleft-licensed software, you might be interested in this
guide to GPL license compliance:

http://compliance.guide/

This section offers an example of a product that meets the GPL requirements:

http://compliance.guide/pristine

Some more background on copyleft is available here:

https://copyleft.org/

> Change the log screen during booting and display our logo

This is perfectly acceptable to do.

If you intend to also show the Debian logo, please note our trademark policy:

https://www.debian.org/trademark

> Run our custom software (written in Python & C) instead of OS desktop
> environment

If appropriate, I would encourage you to release this under a Free
Software license and have your developers package it for Debian.

> Do I need to purchase any license for my product from Debian?

The Debian project does not sell any licenses.

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Re: advice for free software package named almost identically to non-free software

2017-06-10 Thread Paul Wise
On Sun, Jun 11, 2017 at 7:42 AM, Nicholas D Steeves wrote:

> Do you think it's ok to internally provide backwards compatibility?
> eg, for a library, newname provides/fulfils oldname, for a long period
> of time...perhaps a year.  I'm trying to think of all the non-Debian
> users who would also be affected by this change.

That would be a decision for upstream but I guess it would probably be OK.

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Re: advice for free software package named almost identically to non-free software

2017-06-08 Thread Paul Wise
On Fri, Jun 9, 2017 at 6:29 AM, Nicholas D Steeves wrote:

> An upstream has named their GPL software almost identically to a
> proprietary piece of software.

I think it would be best to pro-actively rename the software now
rather than wait until renaming the software would be more painful.
Even if the proprietary software developer gives their permission,
they could always sell the software to someone else, who might not be
as forgiving of the naming similarity.

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Re: [licence] specific licenses for backdoor-factory software

2017-05-30 Thread Paul Wise
On Tue, May 30, 2017 at 8:45 PM, Philippe THIERRY wrote:

> The main tool is based on the  following license file (LICENSE.txt) :

This is almost identical to the 3-clause BSD license, the only change
is s/university|regents/copyright holder/

> You may not redistribute aPLib without all of the files.

May violate DFSG item 3.

> You may not edit or reverse engineer any of the files (except the header
> files and the decompression code, which you may edit as long as you do not 
> remove
> the copyright notice).

May violate DFSG item 5.

> You may not sell aPLib, or any part of it, for money (except for charging
> for the media).

May violate DFSG item 6.

> - Is the main software legaly acceptable for Debian ?

The 3-clause BSD license is a very common DFSG-free license.

> - Do i need to clean the upstream (deleting aPlib dir) making a dfsg package
> or the upstream can be kept in the source package untouched if the aPlib is
> not installed in the bin packages ?

If you want the source package in Debian main, it must be fully
DFSG-free. So your options are to either put the whole thing in
non-free, strip the aPlib dir or convince the aPlib copyright holders
to release it under a DFSG-free license.

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Re: License Issue about Distributing NVIDIA's cuDNN library via Debian

2017-05-25 Thread Paul Wise
On Thu, May 25, 2017 at 10:51 AM, Paul Wise wrote:

> Personally I would like to see the amount of proprietary nVidia stuff
> in Debian reduced, not increased. I would suggest focussing your
> efforts on OpenCL/Vulkan based and open source deep learning libraries
> instead of proprietary stuff that only acts as lock-in for other
> proprietary nVidia technologies (CUDA).

For example, Intel's just released clDNN:

https://github.com/01org/cldnn

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Re: License Issue about Distributing NVIDIA's cuDNN library via Debian

2017-05-24 Thread Paul Wise
On Wed, May 24, 2017 at 2:42 PM, lumin wrote:

> Hi Debian Legal Team,

debian-legal are not Debian's legal advisors, just a bunch of people
subscribed to a mailing list.

> I intend to package[1] a proprietary deep learning
> library named "cuDNN"[2], which is definitely useful
> to deep learning researchers.

Personally I would like to see the amount of proprietary nVidia stuff
in Debian reduced, not increased. I would suggest focussing your
efforts on OpenCL/Vulkan based and open source deep learning libraries
instead of proprietary stuff that only acts as lock-in for other
proprietary nVidia technologies (CUDA).

> @lyeager kindly provided some help[3] on this but I'm
> not really good at these legal terms.
>
> Generally, to download the cudnn library, one needs
> to fist register or login at nvidia's website. Next,
> the user is required to click "I agree ..."[4] to continue.
> Now the secured library download link is exposed to the user.[5]

The license you linked to both allows and disallows redistribution,
seems like it needs a rewrite to be less bizarre. The allowance of
distribution is time-limited. Personally I would not be comfortable
distributing this and I do not think that Debian should do so either.

> Initially I don't think such a well-protected proprietary
> can be distributed by Debian, untill I find this package
> in Archlinux's community repo[6].

They may be relying on the clauses allowing time-limited
redistribution, or they may have simply not read the EULA.

> I don't know how the Arch guys achieved this but in their
> PKGBUILD file (arch packaging script) there is a anonymously
> downloadable link to the cudnn library[7]. What is notable
> is the "redist" keyword in the URL. I can't find this "redist"
> URL in nvidia's website.

Probably nVidia need to remove this redist directory from their
website, since it is supposed to be only distributed behind a
click-wrap license.

> What makes me more confused is nvidia legal guy's word conveyed
> by @lyeager [8]. Once a package is uploaded to the Archive, isn't
> the distributor (legally) the Debian Organization? It's so weird
> for an individual to take the role of distributor for a package
> in Archive and I think it's impossible.

There is a long chain of many distributors: firstly you distribute it
to mentors.d.n, then mentors.d.n distributes it to your sponsor, then
your sponsor distributes it to Debian ftpmasters, then Debian
ftpmasters distribute it to Debian mirrors and CD vendors, then Debian
mirrors and CD vendors distribute it to Debian users, then Debian
derivatives (Ubuntu etc) distribute it to their mirrors and users.
Every one of those is potentially liable if they have been found to do
something illegal.

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Re: GPL compliance for commercial hardware product running Debian

2017-02-22 Thread Paul Wise
On Wed, Feb 22, 2017 at 10:29 PM, kevin anthoney wrote:

> Would we need to provide source code for all the GPL software running on the
> PC?  Assuming the answer is "yes", is there a sensible method of collating
> all the necessary source code?

Yes, you would. I would encourage you to ship source for all the
software you are shipping instead of just for the GPL software.

This command will download the corresponding source packages for all
binary packages installed on a Debian system:

dpkg -l | tail -n+6 | awk '{ print $2 "=" $3 }' | xargs apt-get source
--download-only --

I'd encourage you to take a look at this example of a device with GPL
compliance:

https://compliance.guide/pristine

I would discourage you from using the "offer-of-source" provisions of
the GPL, they have various downsides:

https://compliance.guide/offer-for-source

More here:

https://copyleft.org/

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Re: what to think of these patents grants (from facebook, google) ?

2016-12-05 Thread Paul Wise
On Mon, Dec 5, 2016 at 10:04 PM, Jérémy Lal wrote:

> what to think of these patents grants?

https://www.debian.org/legal/patent
https://www.debian.org/reports/patent-faq

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Re: Updating CIDER's Research Software Agreement License For Use in Ngspice

2016-10-21 Thread Paul Wise
On Fri, Oct 21, 2016 at 12:45 PM, Eric Kuzmenko wrote:

> Curt, who is an Associate Director of the Office of Technology Licensing for
> University of California, Berkeley, has stated that UCB is willing to
> relicense CIDER1b1 (1994) under the modified BSD license.

Excellent.

> Curt has also stated that he and his team are unable to modify the page and
> associated tarball which are used to distribute CIDER1b1 at
> https://embedded.eecs.berkeley.edu/pubs/downloads/cider/index.htm

Have they tried contacting the EECS department?

> They are requesting advice as to how they should handle the change in
> license, particularly with respect to their current technical restriction.

If the EECS department can't put a statement on the web page, I would
go with something similar to what was done for the BSD Unix license
change; IIRC that was a press release, a statement on the main UCB FTP
server and a new copy of the tarball on the FTP server with updated
license notices.

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Re: would this custom license considered DFSG-free/GPL-compatible

2016-10-04 Thread Paul Wise
On Tue, Oct 4, 2016 at 9:45 PM, Yaroslav Halchenko wrote:
> On Tue, 04 Oct 2016, Paul Wise wrote:
>> On Tue, Oct 4, 2016 at 8:56 PM, Yaroslav Halchenko wrote:
>
>> > // 4. If anything other than configuration, indentation or comments have 
>> > been
>> > //altered in the code, the modified code must be made accessible to the
>> > //original author(s).
>
>> This is impossible to comply with for those who do not have Internet
>> access so I think it would fail DFSG item 5; No Discrimination Against
>> Persons or Groups.
>
> ok -- playing devil's advocate (just a phrase, I am not of that opinion
> about the upstream ;)) -- nothing there states about connectivity
> (Internet) or media (digitized, printed) how they must be made
> accessible.  Could be via mail, bottle in the ocean, ...

... telepathy might be another option ;)

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Re: would this custom license considered DFSG-free/GPL-compatible

2016-10-04 Thread Paul Wise
On Tue, Oct 4, 2016 at 8:56 PM, Yaroslav Halchenko wrote:

> // 4. If anything other than configuration, indentation or comments have been
> //altered in the code, the modified code must be made accessible to the
> //original author(s).

This is impossible to comply with for those who do not have Internet
access so I think it would fail DFSG item 5; No Discrimination Against
Persons or Groups.

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Re: Can "rockyou" wordlist be packaged in Debian?

2016-10-02 Thread Paul Wise
On Mon, Oct 3, 2016 at 5:09 AM, Florian Weimer wrote:

> And a password database can be protected as a database in the EU.

Some recent interesting articles on this topic:

http://lu.is/blog/2016/09/12/copyleft-and-data-database-law-as-poor-platform/
http://lu.is/blog/2016/09/14/copyleft-and-data-databases-as-poor-subject/
http://lu.is/blog/2016/09/21/copyleft-attribution-and-data-other-considerations/
http://lu.is/blog/2016/09/26/public-licenses-and-data-so-what-to-do-instead/

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Re: Can "rockyou" wordlist be packaged in Debian?

2016-09-21 Thread Paul Wise
On Wed, Sep 21, 2016 at 8:00 PM, Eriberto Mota wrote:

> It is also a list about what don't to use for security.

For security, don't use passwords unless you are forced to.
If you must use passwords, use Diceware or similar:

https://en.wikipedia.org/wiki/Diceware
https://packages.debian.org/unstable/diceware
https://packages.debian.org/unstable/xkcdpass

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