Re: Please pass judgement on X-Oz licence: free or nay?

2004-08-05 Thread Simon Law
On Wed, Aug 04, 2004 at 03:15:26PM -0500, Joe Wreschnig wrote:
 The summary I linked to was about reworked X-Oz license, which is
 clearly GPL-incompatible and probably non-free. However, clause 4
 criticized in the summary is identical to a clause in the license that
 started this thread, and all the other X licenses, and very similar to
 the 3-clause BSD license.

I feel that I should admit that I was wrong about clause 4, and
obviously was very sleep deprived at all times that I wrote about it.
*sigh*

We should probably rewrite the summary, so that people know that
only clause 3 is problematic.

Simon



Re: Please pass judgement on X-Oz licence: free or nay?

2004-08-03 Thread Simon Law
On Tue, Aug 03, 2004 at 05:15:16PM +0100, Matthew Garrett wrote:
 Joe Wreschnig [EMAIL PROTECTED] wrote:
  On Tue, 2004-08-03 at 09:31, Anthony DeRobertis wrote:
  On Mon, Aug 02, 2004 at 09:03:33PM +, Jim Marhaus wrote:
   Debian Legal summary of the X-Oz License
   http://lists.debian.org/debian-legal/2004/02/msg00229.html
 
  Clause 4 of the license posted at the start of this thread is, with the
  execption of whos names it protects, word-for-word identical.
 
  Am I missing something?
  
  Yes. Clause 3 is the GPL-incompatible non-free one. Clause 4 is standard
  boilerplate, found in many licenses (it's also superfluous, being
  written into copyright by default in US law).
 
 The summary claims that clause 4 makes the license non-free. Since
 clause 4 is identical to what's contained in the X11 license, it makes
 it difficult to take the summary terribly seriously.

Read more carefully.

Clause 4 of the X-Oz license is a condition on rights to use,
copy, modify, merge, publish, distribute, sublicense, and/or sell copies
of the Software.

This is not the same wording as the X11 license at all.

Simon



Re: Please pass judgement on X-Oz licence: free or nay?

2004-08-02 Thread Simon Law
On Tue, Aug 03, 2004 at 02:01:03AM +1000, Daniel Stone wrote:
 As we're coming up to a release and thus need to close this issue
 quickly, could -legal please comment on this issue for completeness? I
 would really like comments from the peanut gallery, the cheap seats, the
 people who aren't lawyers, the people who are lawyers, whoever.

I'm not sure that this is the _same_ X-Oz license that we've
discussed before [0] on -legal.  The terminology here is probably
confusing.


 [3]:
 /*
  * Copyright 2003 by David H. Dawes.
  * Copyright 2003 by X-Oz Technologies.
  * All rights reserved.
  *
  * Permission is hereby granted, free of charge, to any person obtaining a
  * copy of this software and associated documentation files (the Software),
  * to deal in the Software without restriction, including without limitation
  * the rights to use, copy, modify, merge, publish, distribute, sublicense,
  * and/or sell copies of the Software, and to permit persons to whom the
  * Software is furnished to do so, subject to the following conditions:
  * 
  * The above copyright notice and this permission notice shall be included in
  * all copies or substantial portions of the Software.
  * 
  * THE SOFTWARE IS PROVIDED AS IS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR
  * IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY,
  * FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.  IN NO EVENT SHALL
  * THE COPYRIGHT HOLDER(S) OR AUTHOR(S) BE LIABLE FOR ANY CLAIM, DAMAGES OR
  * OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE,
  * ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR
  * OTHER DEALINGS IN THE SOFTWARE.
  * 
  * Except as contained in this notice, the name of the copyright holder(s)
  * and author(s) shall not be used in advertising or otherwise to promote
  * the sale, use or other dealings in this Software without prior written
  * authorization from the copyright holder(s) and author(s).
  * 
  * Author: David Dawes [EMAIL PROTECTED].
  */

The above appears to be the standard X.org license, with merely
X-Oz and David Dawes as the copyright holders.  I don't think -legal has
a problem with this license at all.

Thanks,
Simon 

[0] http://lists.debian.org/debian-legal/2004/02/msg00229.html



Re: I'm a funny guy...

2004-05-29 Thread Simon Law
On Sat, May 29, 2004 at 02:50:46PM -0500, Ean Schuessler wrote:
 This is an evil move, but you must appreciate the ironic nature of the prank:
 
 http://en.wikipedia.org/wiki/GNU_Free_Documentation_License
 
 ps. Better hurry, I'm not sure how long the About Ean Schuessler section will 
 last.

So, now that they've reverted it, are you going to get into a
WikiWar?

Simon



Re: Summary: Is Open Publication License v1.0 compatible?, was Re: GPL+ for docs

2004-03-10 Thread Simon Law
On Wed, Mar 10, 2004 at 01:56:11PM +0100, Frank Lichtenheld wrote:
  - The person who makes any modifications must be identified, which
violates the dissident test.
 
 Hmm, a question about this: Wouldn't make this the GPL DFSG-nonfree? It states
 You must cause the modified files to carry prominent notices stating
 that you changed the files and the date of any change.
 Or does this not imply that I have to give my name, too? Have I only to
 state the fact _that_ I changed the files?

You don't have to identify yourself.  You must only note that
you've changed the files, and the date of the change.  This is typically
done by including a ChangeLog with the software, by which you do not
have to use your real name.

SImon



Re: Ada Community License - DFSG

2004-03-09 Thread Simon Law
On Tue, Mar 09, 2004 at 08:59:52AM -0500, Nathanael Nerode wrote:
 Mahesh T. Pai wrote:
   d) Make other distribution arrangements with the Copyright
  Holder.
 Not useful for Debian unless we do so.  ;-)

You and I both know that Debian cannot make local distribution
arrangements with the Copyright Holder in order to free the work.
Everyone needs to have the right to use the work as free software.

Simon



Re: Debian Legal summary of the X-Oz License

2004-03-03 Thread Simon Law
On Wed, Mar 03, 2004 at 05:34:41AM -0700, Joe Moore wrote:
 Branden Robinson wrote:
  As I said in my mail to [EMAIL PROTECTED]:
 
   4. Except as contained in this notice, the name of X-Oz
   Technologies
  shall not be used in advertising or otherwise to promote
  the sale, use or other dealings in this Software without
  prior written authorization from X-Oz Technologies.
 
 The cynic in me really wants to ask:
 Is this message in violation of the copyright license?
 
 I mean, Branden is clearly having some dealing with [this] Software, and he
 has invoked the name of x-oz (in the email address).
 
 Branden, did you have prior written authorization?

It doesn't matter.  Branden isn't copying, modifying,
distributing or publically performing any Work covered under this
license.

Simon



Re: Summary: Is Open Publication License v1.0 compatible?, was Re: GPL+ for docs

2004-03-03 Thread Simon Law
On Wed, Mar 03, 2004 at 10:00:44AM -0500, Jeremy Hankins wrote:
 Simon Law [EMAIL PROTECTED] writes:
  On Tue, Mar 02, 2004 at 03:08:29PM -0500, Jeremy Hankins wrote:
 
  Here's a summary, since it doesn't seem like anyone has anything more
  to say on the subject:
 
  Hmm...  I hate to seem authoritarian, but I'd like to see a little
  more formality in d-l summaries.
 
 I think we should take it on a case-by-case basis.  For many cases, I'm
 afraid, this would simply end up taking up most of our time following
 the forms of producing summaries.  My judgement was that there is no
 real controversy on this issue, so I went ahead and posted a simple
 summary. 

Hmmm  I think I'll set up a webpage containing our license
summaries over the weekend.

Simon



Re: license for Federal Information Processing Standards

2004-03-02 Thread Simon Law
On Tue, Mar 02, 2004 at 01:15:32PM -0500, Elizabeth Lennon wrote:
 The latest version is FIPS 180-2, and is available for 
 download free of charge at 
 http://csrc.nist.gov/publications/fips/index.html. All FIPS 
 are free of charge. Liz

I suppose we don't have to summarize this, then?  The archives
should contain the relavant information, I hope.

Well, just in case.  Elizabeth Lennon, an employee of the United
States National Institute of Standards and Technology acknowledged that
the Federal Information Processing Standards are in the public domain.

Simon



Re: Summary: Is Open Publication License v1.0 compatible?, was Re: GPL+ for docs

2004-03-02 Thread Simon Law
On Tue, Mar 02, 2004 at 03:08:29PM -0500, Jeremy Hankins wrote:
 Here's a summary, since it doesn't seem like anyone has anything more to
 say on the subject:

Hmm...  I hate to seem authoritarian, but I'd like to see a
little more formality in d-l summaries.

What would be nice is a draft to go out a couple of days before
the actual summary is published.  This allows people who are busy to get
their last words in.

As well, it would be nice to quote the entire license and our
exact concerns in the summary.  This way, people looking through our
archives in the future won't have to do more research tracking down lost
texts.

Does anyone think this is unreasonable?

Simon



Open Publication License v1.0 is not DFSG-free. WWW pages need relicensing?

2004-03-02 Thread Simon Law
On Tue, Mar 02, 2004 at 03:08:29PM -0500, Jeremy Hankins wrote:
 --- Debian-legal summary ---
 
 The OPL (Open Publication License) is not DFSG free:

Oh yeah.  We now have a small problem:

http://www.debian.org/license

Our webpages are have been judged as non-free by Debian Legal.
I am willing to write up a summary to present to the appropriate people:
[EMAIL PROTECTED] I presume.  Should this be done?  What should we
recommend they do?

Simon



Debian Legal summary of the Petris license

2004-02-27 Thread Simon Law
Debian Legal summary of the Petris license

The original license is available at
http://home1.stofanet.dk/peter-seidler/petris-0.7.tar.gz and is
reproduced below.



You can do whatever you want with the program, it's Public Domain.
(however, it would be nice of you to credit me if you found anything
of this useful).



We believe that this software is DFSG-free.

However, there may be jurisdictions which do not honour an
author's request to divest copyright.  Therefore, we recommend that the
author provide the option to license under the MIT/X11 license [1], if
desired.

[1] http://www.x.org/Downloads_terms.html



Re: Debian Legal summary of the Petris license (Proposed)

2004-02-27 Thread Simon Law
On Fri, Feb 27, 2004 at 08:31:16AM +0100, Jens Peter Secher wrote:
 Simon Law [EMAIL PROTECTED] writes:
  
 
  You can do whatever you want with the program, it's Public Domain.
  (however, it would be nice of you to credit me if you found anything
  of this useful).
 
  
 
  We believe that this software is DFSG-free.
 
 The summaries are a good idea, but this is overdoing it, don't you think?

Andree, the original requestor wrote: PS: I'm not currently
subscribed to the list, so please CC me directly.

Obviously, Andree wanted us to look at it and then send a
response.  I presume that if Andree was able to determine DFSG-freeness
independently, then asking us would have been redundant.

Simon



Debian Legal summary of the X-Oz License

2004-02-25 Thread Simon Law
Debian Legal summary of the X-Oz License

The original license is available at http://www.x-oz.com/licenses.html
and is reproduced below:

---

Copyright © 2003, 2004 X-Oz Technologies. All Rights Reserved.

Permission is hereby granted, free of charge, to any person
obtaining a copy of this software and associated documentation
files (the Software), to deal in the Software without
restriction, including without limitation the rights to use,
copy, modify, merge, publish, distribute, sublicense, and/or
sell copies of the Software, and to permit persons to whom the
Software is furnished to do so, subject to the following
conditions:

   1. Redistributions of source code must retain the above copyright
  notice, this list of conditions, and the following disclaimer.
   2. Redistributions in binary form must reproduce the above
  copyright notice, this list of conditions and the following
  disclaimer in the documentation and/or other materials
  provided with the distribution.
   3. The end-user documentation included with the redistribution, if
  any, must include the following acknowledgment:

This product includes software developed by X-Oz Technologies
 (http://www.x-oz.com/).

  Alternately, this acknowledgment may appear in the software itself,
  if and wherever such third-party acknowledgments normally appear.
   4. Except as contained in this notice, the name of X-Oz Technologies
  shall not be used in advertising or otherwise to promote the sale,
  use or other dealings in this Software without prior written
  authorization from X-Oz Technologies.

   THIS SOFTWARE IS PROVIDED ``AS IS'' AND ANY EXPRESSED OR IMPLIED
   WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES
   OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED.
   IN NO EVENT SHALL X-OZ TECHNOLOGIES OR ITS CONTRIBUTORS BE LIABLE FOR
   ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL
   DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS
   OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION)
   HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT,
   STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING
   IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE
   POSSIBILITY OF SUCH DAMAGE.

---

Clause 3 is a complex statement, which appears to be derived from the
obsolete four-clause BSD license.  Although it appears that this clause
can be satisfied by including the license text as end-user
documentation, the author has refused to make this point explicit in the
license.  Alternatively, it has an additional option for providing this
statement within the software itself, which looks like it could be used
to avoid this additional requirement on the documentation.  Since it is
difficult to ascertain the author's intent, we are not sure whether it
violates DFSG 9 by contaminating the documentation with which it is
distributed.

Clause 4, however, is more worrisome.  When compared to the
normal three-clause BSD license, we see that the X-Oz license is worded
very strongly.  It not only forbids promotion and endorsement, it also
forbids the fair-use of the name X-Oz Technologies, e.g. in a magazine
review of the Software, without prior written permission.

We believe that this licence is not DFSG-free. and we want X-Oz
Technologies to address the problems presented.  We recommend avoiding
this licence at present.



Debian Legal summary of the Petris license (Proposed)

2004-02-25 Thread Simon Law
Debian Legal summary of the Petris license
Proposed

The original license is available at
http://home1.stofanet.dk/peter-seidler/petris-0.7.tar.gz and is
reproduced below.



You can do whatever you want with the program, it's Public Domain.
(however, it would be nice of you to credit me if you found anything
of this useful).



We believe that this software is DFSG-free.

However, there may be jurisdictions which do not honour an
author's request to divest copyright.  Therefore, we recommend that the
author provide the option to license under the MIT/X11 license [1], if
desired.

[1] http://www.x.org/Downloads_terms.html



Debian Legal summary of the X-Oz License (Proposed)

2004-02-22 Thread Simon Law
Debian Legal summary of the X-Oz License
Proposed

The original license is available at http://www.x-oz.com/licenses.html
and is reproduced below:

---

Copyright © 2003, 2004 X-Oz Technologies. All Rights Reserved.

Permission is hereby granted, free of charge, to any person
obtaining a copy of this software and associated documentation
files (the Software), to deal in the Software without
restriction, including without limitation the rights to use,
copy, modify, merge, publish, distribute, sublicense, and/or
sell copies of the Software, and to permit persons to whom the
Software is furnished to do so, subject to the following
conditions:

   1. Redistributions of source code must retain the above copyright
  notice, this list of conditions, and the following disclaimer.
   2. Redistributions in binary form must reproduce the above
  copyright notice, this list of conditions and the following
  disclaimer in the documentation and/or other materials
  provided with the distribution.
   3. The end-user documentation included with the redistribution, if
  any, must include the following acknowledgment:

This product includes software developed by X-Oz Technologies
 (http://www.x-oz.com/).

  Alternately, this acknowledgment may appear in the software itself,
  if and wherever such third-party acknowledgments normally appear.
   4. Except as contained in this notice, the name of X-Oz Technologies
  shall not be used in advertising or otherwise to promote the sale,
  use or other dealings in this Software without prior written
  authorization from X-Oz Technologies.

   THIS SOFTWARE IS PROVIDED ``AS IS'' AND ANY EXPRESSED OR IMPLIED
   WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES
   OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED.
   IN NO EVENT SHALL X-OZ TECHNOLOGIES OR ITS CONTRIBUTORS BE LIABLE FOR
   ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL
   DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS
   OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION)
   HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT,
   STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING
   IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE
   POSSIBILITY OF SUCH DAMAGE.

---

Clause 3 is a complex statement, which appears to be derived from the
obsolete four-clause BSD license.  We believe that this clause can be
satisfied by including the license text as end-user documentation.
However, it has an additional option for providing this statement within
the software itself.

However, clause 4 is more worrisome.  When compared to the
normal three-clause BSD license, we see that the X-Oz license is worded
very strongly.  It not only forbids promotion and endorsement, it also
forbids the fair-use of the name X-Oz Technologies, e.g. in a magazine
review of the Software, without prior written permission.

We believe that this license is not DFSG-free, and discourage
its use.



Re: Debian Legal summary of the X-Oz License (Proposed)

2004-02-22 Thread Simon Law
On Mon, Feb 23, 2004 at 12:46:24AM +, Henning Makholm wrote:
 I am not so sure anymore, after Branden has testified [:-)] that the
 author has explicitly refused to change it to a more conventional and
 unambiguous. Given that it's certainly *possible* to interpret the
 clause as meaning something nasty, I think we shouldn't touch it with
 a poker until and unless the author officially endorces a clear and
 clearly DFSG-free interpretation of the clause.

Hmm...  It does depend on what the author intends.  I suppose I
could change my summary to say that we think this clause is DFSG-free if
the license text is considered end-user documentation.

But of course, this leads to an interesting discussion.  Does
Debian Legal consider the four-clause BSD license to be DFSG-free?  Does
it violate DFSG 9?  Or is it grandfathered in by DFSG 10?  Note that
DFSG 10 does not indicate _which_ BSD license it is talking about.

Simon



Re: debian-legal review of licenses

2004-02-11 Thread Simon Law
On Wed, Feb 11, 2004 at 09:14:06PM +,
Martin Michlmayr - Debian Project Leader wrote:
 I'd like to hear what other people from -legal think.  I'm certainly
 not going to appoint anyone without the consent of -legal since this
 is just not the way it can work.  But perhaps we can find a solution
 together.

I think this is a marvellous idea.  Manoj and Branden seem to do
these summaries on an ad-hoc basis, but both are maintainers of large
parts of Debian, and have pressing time constraints.

I'm willing to take on a position to summarize our discussions,
and present them to upstream.  I think I can do this diplomatically, and
I have some experience with this.  (I was responsible for ironing out
licensing blips in Nessus and tvtime.)

Of course, perhaps the best thing for -legal to do is have
people self-nominate themselves to this position, and then have a small
vote.

Simon



Re: I'll contact upstream

2003-12-23 Thread Simon Law
On Tue, Dec 23, 2003 at 08:06:28PM +0100, Florian Weimer wrote:
 Anthony DeRobertis wrote:
 
  On Dec 23, 2003, at 13:21, Florian Weimer wrote:
  
  Huh?  Why do you think that running a document written in Texinfo
  through a Texinfo interpreter makes the document a derivative work of a
  (specific) Texinfo interpreter?
  
  Because that's not what we're doing. We're running texinfo.tex and 
  foo.texi through the interpreter.
 
 I still can't see why this should pose a problem.
 
 Do you think that makeinfo shares the same problem?  Why?

As a Texinfo developer, I know that makeinfo does not have this
problem for Info output.  However, you must remember that Texinfo is a
compiled language, not an interpreted one.

  I'm pretty sure various portions of texinfo.tex get copied to the
  output.
 
 Which ones?  Are they even subject to copyright?

As for DVI output, you may be able to get away with saying that
you're making a derivative work.  This only stems from the fact that
texinfo.tex defines many macros that are essential syntax for the file
you are compiling.

The analogous case is #including a header file that declares and
defines all its code.

Simon



Re: BSD Protection License

2003-10-22 Thread Simon Law
On Wed, Oct 22, 2003 at 02:46:09PM -0500, Adam Majer wrote:
 Could anyone tell me if the BSD Protection License can be used
 for main?
 
 It can be found at:
 
http://people.debian.org/~adamm/LICENSE

3. Modification and redistribution under closed license.
   You may modify your copy or copies of the Program, and distribute
   the resulting derivative works, provided that you meet the
   following conditions:
   a) The copyright notice and disclaimer on the Program must be reproduced
  and included in the source code, documentation, and/or other materials
  provided in a manner in which such notices are normally distributed.
   b) The derivative work must be clearly identified as such, in order that
  it may not be confused with the original work.
   c) The license under which the derivative work is distributed must
  expressly prohibit the distribution of further derivative works.

Clause 3c apparently violates DFSG 3.  Here, we are now allowed
to distribute a derived work under the same terms as the license of the
original software.  This looks non-free to me.

Simon



Re: zlib license

2003-10-12 Thread Simon Law
On Sun, Oct 12, 2003 at 09:47:11PM +0200, Bartosz Fenski aka fEnIo wrote:
 I've been thinking about packaging netPantzer (strategy game) but
 it depends on PhysicsFS which is absent in Debian archive 
 (http://www.icculus.org/physfs/).
 
 So I'd like to package it too but this software has got non-popular license. 
 I think it complains DFSG but I'd like to ensure. 
 Could someone read it and tell me if I am right?
 
 It's very short license. It could be reached at:
 http://cvs.icculus.org/horde/chora/co.php/LICENSE?rt=physfsr=1.2

The zlib license is a Free Software license.  I think it is fine
to put it in Debian main.

Simon



Re: use of official logo in app splash screens

2003-09-26 Thread Simon Law
 On releases@openoffice.org recently was announced [1] that there is now
 the Sun logo embedded into the OOo splash screen and that vendors are
 encouraged to add their logos to the screen instead of the Sun
 things
 
 So, we want to add the Debian Logo there.
 
 http://people.debian.org/~rene/openoffice.org/splash-gimp.png
 
 is the Sun screen and an empty one.
 
 Now, we wonder if we are allowed to use the official logo (because it
 is a Debian-product, the Debian-Pakete of OpenOffice.org) or if we
 should use the open one?

The official one is not acceptable for this use.

The open use logo would be great to use, and certain packages
already do, except it has a non-free license!  Please see the following
threads:

http://lists.debian.org/debian-legal/2003/debian-legal-200309/msg00840.html
http://lists.debian.org/debian-legal/2003/debian-legal-200309/msg00877.html
http://lists.debian.org/debian-legal/2002/debian-legal-200209/msg00192.html

Simon



Re: License requirements for DSP binaries?

2003-09-22 Thread Simon Law
On Mon, Sep 22, 2003 at 11:56:27AM +0200, Josselin Mouette wrote:
 If the binaries were entirely written using assembly code, the binary
 here equates the source.

You really mean machine code here, right?  Because I would
appreciate the .s source files if someone wrote it in assembler.

Simon



Re: Does the Official Debian Logo fail the DFSG test?

2003-09-20 Thread Simon Law
On Fri, Sep 19, 2003 at 09:46:22PM -0500, Steve Langasek wrote:
 On Fri, Sep 19, 2003 at 08:53:47PM -0400, Nathanael Nerode wrote:
  Josselin Mouette wrote:
  True, but the swirl logo fails the DFSG as well, as you can only use it
  to refer to the project, and it doesn't allow explicitly other uses.
 
  Quite correct.  It should be relicensed, under a permissive copyright 
  licence, with a note saying:
  * This copyright license does not grant a trademark license.  If it is 
  applied to a trademark, you should be sure that you are not violating 
  trademark rights.
 
  It should be trademarked by SPI as a trademark representing the Debian 
  Project.
 
  I believe this would solve all problems.
 
 Yet this is a solution looking for a problem.  I can't think of any good
 reason why Debian would *want* to distribute the official logo as part
 of the distro itself, if we also want it to be redistributed by third
 parties who we don't want to use said logo.  So why does it matter
 whether the logo is available under a free license?

I believe that Nathanael is refering to the Open Use Logo, which
does ship with the distribution.

Simon



Re: SURVEY: Is the GNU FDL a DFSG-free license?

2003-08-21 Thread Simon Law
On Thu, Aug 21, 2003 at 12:09:54AM -0500, Branden Robinson wrote:
 === CUT HERE ===
 
 Part 1. DFSG-freeness of the GNU Free Documentation License 1.2
 
   Please mark with an X the item that most closely approximates your
   opinion.  Mark only one.
 
   [ X ]  The GNU Free Documentation License, version 1.2, as published
  by the Free Software Foundation, is not a license compatible
  with the Debian Free Software Guidelines.  Works under this
  license would require significant additional permission
  statements from the copyright holder(s) for a work under this
  license to be considered Free Software and thus eligible for
  inclusion in the Debian OS.
 
   [   ]  The GNU Free Documentation License, version 1.2, as published
  by the Free Software Foundation, is a license compatible
  with the Debian Free Software Guidelines.  In general, works
  under this license would require no additional permission
  statements from the copyright holder(s) for a work under this
  license to be considered Free Software and thus eligible for
  inclusion in the Debian OS.
 
   [   ]  The GNU Free Documentation License, version 1.2, as published
  by the Free Software Foundation, can be a license compatible
  with the Debian Free Software Guidelines, but only if certain
  restrictions stated in the license are not exercised by the
  copyright holder with respect to a given work.  Works under
  this license will have to be scrutinized on a case-by-case
  basis for us to determine whether the work can be be considered
  Free Software and thus eligible for inclusion in the Debian OS.
 
   [   ]  None of the above statements approximates my opinion.
 
 Part 2. Status of Respondent
 
   Please mark with an X the following item only if it is true.
 
   [ X ]  I am a Debian Developer as described in the Debian
  Constitution as of the date on this survey.
 
 === CUT HERE ===
 


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Re: Jabber Yahoo transport license

2003-07-06 Thread Simon Law
On Fri, Jul 04, 2003 at 12:38:39AM +0200, Henning Makholm wrote:
 This is a DSFG-free, GPL-compatible, vaguely BSD-like license. No
 problem there.
 
 ... until and unless we learn that the author applies the obnoxious UW
 interpretation of alter it and redistribute it. Our default
 interpretation is that this does give permission to distribute changed
 versions. (Or does anyone want to object that REdistribute only makes
 sense speaking of the original version?)

I highly doubt it.  The copyright was owned by Alladin, the
people who gave us Ghostscript.

Simon



Re: Legal questions about some GNU Emacs files

2003-04-29 Thread Simon Law
On Mon, Apr 28, 2003 at 05:09:05PM -0700, Alex Romosan wrote:
 Mark Rafn [EMAIL PROTECTED] writes:
 
  Sure, but for some of us, _software_ is a very broad category. For
  me, it includes all works which can be encoded as a stream of bits.
 
 wow, what can i say?! everything is software!? an infinite number of
 monkeys, at an infinite number of keyboards will eventually define all
 that is software... the only problem is some bit streams are more
 meaningful than others.
 
 i wouldn't want to live in your world.

Let me go out on a philosophical limb here and go from some more
stable premises.

Axiom: All Debian Developers agree with the Debian Social Contract.

Fact 1; Debian's social contract states in section 1.

1. Debian Will Remain 100% Free Software
   We promise to keep the Debian GNU/Linux Distribution entirely
   free software.  As there are many definitions of free software, 
   we include the guidelines we use to determine if software is 
   free below. [...]

Consider case 1: Documentation is not software.

1A. Documentation is part of the Debian GNU/Linux Distribution.

1B. If the Debian GNU/Linux Distribution contains non-software, it cannot
be comprised entirely of free software.

Therefore:

1C. Debian must purge non-software from the Distribution.

Consider case 2: Documentation is equivalent to software.

2A. Documentation cum software is part of the Debian GNU/Linux
Distribution.

2B. Debian GNU/Linux has a set of guidelines for free software.

2C. Debian GNU/Linux must not contain non-free software, as we can see
from 1C.

Therefore:

2D. Debian GNU/Linux must not contain non-free documentation cum
software.

Feel free to propose that we rip out all documentation from the
distribution and place it in contrib or non-free, as appropriate.

Simon



Re: Proposed statement wrt GNU FDL

2003-04-24 Thread Simon Law
On Thu, Apr 24, 2003 at 08:27:19AM -0500, John Goerzen wrote:
 On Thu, Apr 24, 2003 at 05:47:35PM +1000, Anthony Towns wrote:
  In particular: for emacs21, ``with the Invariant Sections being The
  GNU Manifesto, Distribution and GNU GENERAL PUBLIC LICENSE'', and
  for gdb ``with the Invariant Sections being A Sample GDB Session and
  Free Software'' and ``with the Invariant Sections being Stabs Types
  and Stabs Sections''
 
 While in general I must say that I agree with Branden on this issue, I'm not
 yet completely convinced, and one reason was brought home to me by the
 above: I large majority of our software ships with the file COPYING, which
 states changing it is not allowed.  Combined with the requirement in
 section 1 that the GPL be given to any recipients of the program, this
 strikes me as similar to the invariant section.  It leaves me wondering if
 we are being a bit hyopcritical about it.
 
 At the same time, I see no value in making cover sections, etc. of manuals
 invariant.
 
 Any thoughts on that?

It seems that we have an implicit exception that legal
statements about a work about allowed to be non-free.  That seems to be
quite reasonable since tampering with copyright statements is not
allowed in many countries, and also since many licenses are also
non-free.  I don't mind works where it is manditory to reproduce:

Copyright (C) 2003 J. R. Hacker.  This manual is free documentation;
yada yada yada.  You should have received a copy of the license
along with this manual; if not, write to Fubar, Inc.  123 Sesame St,
New York, NY  10023, USA.

There is ample precedent for putting these little notices on all
sorts of things, typically in fine print.  Look, I even have a serviette
on my desk that says (C) 2003 DOCTOR'S ASSOCIATES INC.  All rights
reserved.

Simon



Re: Debian Free Software License?

2003-04-17 Thread Simon Law
On Thu, Apr 17, 2003 at 02:47:20PM +0200, Joerg Wendland wrote:
 Hi fellows,
 
 is there anything like a Debian Free Software License? A license that is
 modelled after the DFSG? For me as free software developer, that would be a
 nice to have. I couldn't find a discussion about something similar in the
 list archives. Is this worth a discussion? 

There are a sufficient number and scope of widely examined Free
Software licenses that we do not need to add to the confusion.

 Regarding the latest FDL
 discussion, would it be feasible to create a Debian Free Documentation
 License?

It has been suggested that we write a license that we believe is
unambiguously Free.  It has also been suggested that we take this slowly
and try to get the GNU project to make the GNU FDL free.  This has not
yet been decided.

Simon



Re: LPPL, take 2

2003-04-17 Thread Simon Law
On Thu, Apr 17, 2003 at 10:53:30AM -0700, Thomas Bushnell, BSG wrote:
 Branden Robinson [EMAIL PROTECTED] writes:
 
 c. In every file of the Derived Work you must ensure that any
addresses for the reporting of errors do not refer to the Current
Maintainer's addresses in any way.
  
  This is somewhat new ground for a DFSG-free license.  Is it *really*
  that important?  If so, I'd like to hear advocates of it explain why
  it's more free than, say, a prohibition against the creator of a Derived
  Work calling the Current Maintainer on the phone to ask for technical
  support.
 
 This is sufficiently awful as to be unacceptible.
 
 For example, suppose Debian takes the package, and modifies it.  We
 prune all the previous bug reporting addresses, and mention only
 normal Debian addresses, including debian-devel.  And then one of the
 Current Maintainers subscribes to debian-devel.
 
 It now becomes *Debian's* responsibility to deal.  Eek!

Simple.  We kick him off the list with a we're sorry, your
license prevents us from letting you subscribe.

In all seriousness, though, Thomas raises a good point.  But I
think that Frank's recent e-mail deals with this issue already.  You're
suffering from lag, my friend.

Simon



Re: Suggestion to maintainers of GFDL docs

2003-04-17 Thread Simon Law
On Fri, Apr 18, 2003 at 04:16:57AM +1000, Anthony Towns wrote:
 On Thu, Apr 17, 2003 at 02:34:36PM +, Brian M. Carlson wrote:
  Debian can't legally distribute such an info document. Because the
  GFDL is incompatible with the GPL, it is prohibited to even
  create an info document from GFDL'd texinfo source. See #183860.
 
 Hrm, if that's the case, we can't distribute, eg, the pcl-cvs.texi
 file either -- after all, it's licensed under a verbatim copying only
 license, but has the \input texinfo line at the top.
 
 I don't think that is the case though, for two reasons:
 
   (1) we don't actually distribute pcl-cvs anything that's made use
   of the TeX stuff; so we haven't made copies of texinfo.tex,
   and don't need to be concerned with its copyright
 
   (2) the TeX output probably comes under the exemption in section 0
   of the GPL -- `...the output from the Program (texinfo.tex)
   is covered only if its contents constitute a work based
   on the Program (independent of having been made by running
   the Program).'

In this case, texinfo.tex is akin to a header file that a
program.  The program would be TeX (or a variant that implements the TeX
macro language.)

However, this only applies to DVI and PDF forms of this work.
The info documentation is generated by makeinfo, which does not put any
significant chunks of itself within the output.

Simon



Re: Suggestion to maintainers of GFDL docs

2003-04-16 Thread Simon Law
On Wed, Apr 16, 2003 at 09:40:49AM -0400, Peter S Galbraith wrote:
 Consider this a suggestion to maintainers of packages that contain
 documentation that are under the GFDL, especially if it contains
 invariant sections.  Imagine if an Emacs user visited Info and saw this:
 
 * Menu:
 
 * Distrib::   How to get the latest Emacs distribution.
 * Copying::   The GNU General Public License gives you permission
 to redistribute GNU Emacs on certain terms;
 it also explains that there is no warranty.
 * GNU Free Documentation License:: The license for this documentation.
 * Why you shouldn't use the GFDL:: Debian doesn't recommend using this 
 license.
 
 And what if this new section listing reasons _not_ to use this license
 were made...  invariant!
 
 If the FSF wants to give redistributors a soapbox, perhaps we should use
 it.

Although incredibly clever, this is not the sort of thing that
we should do.  It would be very hypocritical to use a non-free mechanism
to try to advance free documentation.

Plus, it would make people angry; and who needs to anger more
people?

Simon



Re: Bug#184806: Copyright notices are lacking

2003-03-17 Thread Simon Law
On Mon, Mar 17, 2003 at 04:19:22PM +0100, Henning Makholm wrote:
 Scripsit Simon Law [EMAIL PROTECTED]
 
  The copyright notices on the whois sources are not sufficient.
 
 How not? There is a clear statement from the author that he considers
 his work to be covered by the GPL. That is all we usually require.

If the author does not place appropriate notices at the start of
his source files, it makes it more difficult for him to enforce his
copyright.  Although we as Debian accept his word that it is covered
under the GNU GPL, I noticed that Marco was a Debian Developer and the
author of this software.

As a service to him, because I thought he would appreciate the
legal auditing, I went through the sources and created a patch that
would apply the appropriate copyright notices.  I did this because I had
free time on my hands, and because it would be simple for Marco to just
apply the patch.

But what really concerns me is that the debian/copyright file
does not make clear that Marco is licensing at least one file as GPL
version 2 only.  At the very least, the debian/copyright file should be
expanded upon.

Simon



Re: Is epic package non-free?

2003-03-14 Thread Simon Law
On Fri, Mar 14, 2003 at 10:15:23AM -0300, Gustavo Franco wrote:
 Hi,
 
 [Send Cc: to me, i'm not subscribed]
 
 I was checking the epic package, because i've ITA on it now.After
 the check, i've some doubts about the license:
 
 Quoting debian/copyright:
 
 IRC II is copyright (c) 1990 by Michael Sandrof.  You have the 
 right to copy, compile, and maintain this software.  You also 
 have the right to make modifcations to this code for local use
 only.
 
 ...for local use only. ?!

It doesn't appear that we have the right to redistribute the
Sandrof code.

 Reading the source (source/irc.c):
 [...]
  * Written By Michael Sandrof
  * Copyright(c) 1990 
  * See the COPYRIGHT file, or do a HELP IRCII COPYRIGHT 
 [...]
 
 I can't found the original copyright file in the debian source package.
 
 I'll prepare a new package, but will be it uploaded to the non-free
 section?

I highly recommend that you file a bug requesting the removal of
this package.

Simon



Re: Is epic package non-free?

2003-03-14 Thread Simon Law
On Fri, Mar 14, 2003 at 01:53:53PM -0300, Gustavo Franco wrote:
 On Fri, 2003-03-14 at 13:31, Anthony Towns wrote:
  On Fri, Mar 14, 2003 at 10:15:23AM -0300, Gustavo Franco wrote:
   I was checking the epic package, because i've ITA on it now.After
   the check, i've some doubts about the license:
  
  http://lwn.net/1998/0611/ircii.html
  
Michael Sandrof, Troy Rollo, and Matthew Green are putting the ircII code
under a BSD-like license (without the advertising clause), retroactive
to all versions of ircII, past and present.  This action is to remove
any doubt as to whether ircII is Open Source.
 Thank you aj.
 
 Definitely the debian/copyright file needs a update.ASAP i'll do it and
 upload.
 
 Can we consider this issue solved? Are you agree Simon?

Yes, the issue is now settled.  epic is DFSG-free.

Simon

P.S.Please configure your mail reader to respect Mail-Followup-To
headers.  I see that you have Cced me and AJ, even though we ask 
you not to.



Bug#184806: Copyright notices are lacking

2003-03-14 Thread Simon Law
Package: whois
Version: 4.6.2
Severity: serious
Tags: patch

The copyright notices on the whois sources are not sufficient.  Neither
is the debian/copyright file.  Since the maintainer is also the upstream
author, I presume that he actually _does_ want to license whois under
the GNU GPL.  I have prepared a patch to bring the package into
compliance.

Simon
diff -ruw whois-4.6.2.orig/Makefile whois-4.6.2/Makefile
--- whois-4.6.2.orig/Makefile   2002-12-04 19:22:15.0 -0500
+++ whois-4.6.2/Makefile2003-03-14 12:59:14.0 -0500
@@ -1,3 +1,19 @@
+# Makefile - a make script to build whois
+# Copyright (C) 1999--2002  Marco d'Itri
+# 
+# This program is free software; you can redistribute it and/or modify
+# it under the terms of the GNU General Public License as published by
+# the Free Software Foundation; version 2 of the License.
+# 
+# This program is distributed in the hope that it will be useful,
+# but WITHOUT ANY WARRANTY; without even the implied warranty of
+# MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE.  See the
+# GNU General Public License for more details.
+# 
+# You should have received a copy of the GNU General Public License
+# along with this program; if not, write to the Free Software
+# Foundation, Inc., 59 Temple Place, Suite 330, Boston, MA  02111-1307  USA
+
 prefix=/usr/local
 
 OPTS=-O2
diff -ruw whois-4.6.2.orig/config.h whois-4.6.2/config.h
--- whois-4.6.2.orig/config.h   2003-01-23 12:56:07.0 -0500
+++ whois-4.6.2/config.h2003-03-14 12:59:24.0 -0500
@@ -1,3 +1,20 @@
+/* config.h - macro definitions for whois
+ * Copyright (C) 1999--2003  Marco d'Itri
+ * 
+ * This program is free software; you can redistribute it and/or modify
+ * it under the terms of the GNU General Public License as published by
+ * the Free Software Foundation; version 2 of the License.
+ * 
+ * This program is distributed in the hope that it will be useful,
+ * but WITHOUT ANY WARRANTY; without even the implied warranty of
+ * MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE.  See the
+ * GNU General Public License for more details.
+ * 
+ * You should have received a copy of the GNU General Public License
+ * along with this program; if not, write to the Free Software
+ * Foundation, Inc., 59 Temple Place, Suite 330, Boston, MA  02111-1307  USA
+ */
+
 /* Program version */
 /* not for the inetutils version */
 #define VERSION 4.6.2
diff -ruw whois-4.6.2.orig/data.h whois-4.6.2/data.h
--- whois-4.6.2.orig/data.h 2003-01-23 12:57:06.0 -0500
+++ whois-4.6.2/data.h  2003-03-14 12:59:29.0 -0500
@@ -1,3 +1,20 @@
+/* data.h - a list of servers, and their properties for whois
+ * Copyright (C) 1999--2003  Marco d'Itri
+ * 
+ * This program is free software; you can redistribute it and/or modify
+ * it under the terms of the GNU General Public License as published by
+ * the Free Software Foundation; version 2 of the License.
+ * 
+ * This program is distributed in the hope that it will be useful,
+ * but WITHOUT ANY WARRANTY; without even the implied warranty of
+ * MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE.  See the
+ * GNU General Public License for more details.
+ * 
+ * You should have received a copy of the GNU General Public License
+ * along with this program; if not, write to the Free Software
+ * Foundation, Inc., 59 Temple Place, Suite 330, Boston, MA  02111-1307  USA
+ */
+
 /*
  * RIPE-like servers.
  * All of them do not understand -V2.0Md with the exception of RA and RIPN.
diff -ruw whois-4.6.2.orig/debian/copyright whois-4.6.2/debian/copyright
--- whois-4.6.2.orig/debian/copyright   2003-01-26 12:36:39.0 -0500
+++ whois-4.6.2/debian/copyright2003-03-14 12:35:18.0 -0500
@@ -1,7 +1,21 @@
 This package was debianized by Marco d'Itri [EMAIL PROTECTED] on
 Sun Oct  3 19:46:30 CEST 1999.
 
-It was written by Marco d'Itri.
+It was written by Marco d'Itri [EMAIL PROTECTED].
 
 Copyright: GPL (please see /usr/share/common-licenses/GPL-2).
+whois - an advanced and intelligent whois client.
+Copyright (C) 1999--2003  Marco d'Itri
 
+This program is free software; you can redistribute it and/or modify
+it under the terms of the GNU General Public License as published by
+the Free Software Foundation; either version 2 of the License.
+
+This program is distributed in the hope that it will be useful,
+but WITHOUT ANY WARRANTY; without even the implied warranty of
+MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE.  See the
+GNU General Public License for more details.
+
+You should have received a copy of the GNU General Public License
+along with this program; if not, write to the Free Software
+Foundation, Inc., 59 Temple Place, Suite 330, Boston, MA  02111-1307  USA
diff -ruw whois-4.6.2.orig/make_as_del.pl whois-4.6.2/make_as_del.pl
--- whois-4.6.2.orig/make_as_del.pl 1999-11-07 13:46:31.0 -0500
+++ whois-4.6.2/make_as_del.pl  2003-03-14 

Re: PHP-Nuke: A calling for votes

2003-03-09 Thread Simon Law
On Sun, Mar 09, 2003 at 07:16:07PM +0100, Hugo Espuny wrote:
 1) People who can vote: anyone reading this message (so reading 
 debian-legal)
 2) What you can vote: just one of the next options, just once by person.
  a) Move it to non-free
  b) Stay at main
  c) I don't know
 3) Where i have to send my vote: to debian-devel as a reply of this 
 message, and please cc to my debian address
 4) Duration: ok, more or less a week since now.
 5) Sign: you don't need to sign with pgp/gpg your vote if you don't 
 like. This is not such an official thing.
 
 I still think this software is DFSG and GLP2 compliant. So here is the 
 first (my) vote: +1 to b)

I vote a)

Simon



Re: [Discussioni] OSD DFSG convergence

2003-03-05 Thread Simon Law
On Wed, Mar 05, 2003 at 12:21:41AM -0800, Thomas Bushnell, BSG wrote:
 Russell Nelson [EMAIL PROTECTED] writes:
 
  Thomas Bushnell, BSG writes:
But why should we bother trying to convince you anymore?  What
advantage is their?  Why should we bother proving to you that our
internal processes meet your tests of rationality?  They suit us fine,
and this is about what *we* choose to do, using the discretion
available to us. 
  
  Some people think there should be one and only one
  definition/guideline/understanding of what comprises free software.
  We've got one, you've got another, RMS has a third.  Wouldn't it be a
  good thing if there was less dissention in our community?
 
 Sure.  Why don't we adopt RMS's?  That would be my first vote.

I always thought that the FSF's (and RMS's) Four Freedoms were
always the basis of the DFSG.  I merely thought that the DFSG exists to
codify these concepts and make them more concrete.  Sort of like a
checklist so we don't forget anything.

What might be a useful thing to do is start adding appendices to
the DFSG with examples of how we have interpreted certain sections.
(With valid, and invalid arguments in each.)  It should be made very
clear that these examples are merely to clarify the opinions of
debian-legal, and are in no way binding.

Simon



Re: PHPNuke license

2003-03-05 Thread Simon Law
On Wed, Mar 05, 2003 at 10:58:34AM -0600, Steve Langasek wrote:
 On Tue, Mar 04, 2003 at 08:12:31PM -0500, Glenn Maynard wrote:
  I'm not sure where we could go from there; asking them to change it to only
  the main page is pointless if that's 1: still ambiguous and/or 2: still of
  questionable DFSG-freeness.  Even if that's DFSG-free, it's still probably a
  bad idea to ask them to change to that if it's still a questionable
  interpretation of the GPL.
 
 Let's see if we can build consensus around a few points.
 
 Does anyone here hold the position that requiring the copyright notice on
 the front page would not be DFSG-free, if that's a valid interpretation
 of the GPL?

Requiring an appropriate notice on the front page may not be too
onerous.  I don't see it as being DFSG-nonfree as proper attribution is
already considered a reasonable exception to DFSG 3.  However, I would
define an appropriate notice as not being specific text.  Therefore, a
license that requires specific wording should be thrown out, however a
license that allows you to modify it as appropriate (e.g. to say who
owns the copyright to the system you see, who should be contacted if
this interactive web application breaks, and that there is a warranty
offered by Acme ASP Inc.)  It should probably be formatted in such a way
that it is not misleading, deceptive, or hidden; if it exists.

 Does anyone believe the GPL unambiguously *dis*allows that
 interpretation?

No.  It does not explicitly disallow this interpretation.  Of
course, it also does not unambiguously allow this interpretation either.

 Does anyone believe that this interpretation is sufficiently wrong-headed
 that it should not be considered valid, in spite of statements from the
 copyright holder or a court ruling?

This interpretation of the GPL seems reasonable.  However, I
would like to remind that PHP-Nuke's author has not interpreted the GPL
in this manner at all.

Simon



Re: PHPNuke license

2003-03-05 Thread Simon Law
On Wed, Mar 05, 2003 at 12:16:23PM -0500, Branden Robinson wrote:
 On Tue, Mar 04, 2003 at 04:26:17PM -0600, John Goerzen wrote:
  On Tue, Mar 04, 2003 at 04:31:17PM -0500, Branden Robinson wrote:
   Can you remind me of the advantages of NOT interpreting as object form
   as any form other than the preferred form for modification?
  
  For the detailed description, see
  http://lists.debian.org/debian-legal/2003/debian-legal-200303/msg00131.html
 
 I've read it.
 
  In a nutshell, I don't know of any reasonable person that would define
  object code as the output of tr a-z A-Z on a text file.
 
 Nice to meet you.  :)  That is, I'm perfectly willing to accept that as
 an example of object code if the only alternative is to call it
 source code.

Let us consider the output of tr a-z A-Z as _not_ source code
nor object code.  This implies that it is not exempted by section 2, and
also not exempted by section 3.  So it's not a particularly useful
definition since you would be bound by pure copyright law, and you'd
never be able to redistribute.

Of course, this becomes really silly because I know a lot of
people that run source code through such tranformation tools as
uuencode, tar, and gzip.

Simon



Re: PHPNuke license

2003-03-05 Thread Simon Law
On Wed, Mar 05, 2003 at 11:55:07AM -0600, John Goerzen wrote:
 On Tue, Mar 04, 2003 at 04:41:50PM -0500, Branden Robinson wrote:
  About boxes are fine, but I am not sure it is wise to permit a Free
  Software license to forbid people from removing them.  It makes perfect
  sense to remove an About box if, for instance, one is converting an
  application into a library.
 
 I agree.  (2)(c) should only apply when an application is run interactively. 
 If you make an application into a library, it'd never be run interactively,
 so its relevance should disappear.  I know I haven't worded this quite
 right, but you get the idea.

Here's an interesting GPL puzzle.  Say you completely remove
the interactive functionality of a program that uses (2)(c).  This means
that you can remove that entire chunk of code anyway.  Someone uses your
code and prepares a derivative work that is interactive.  Is this new
author required to put in an appropriate notice?

He knows that one used to exist because you have clearly marked
your changes in the appropriate source files.

Simon



Re: PHPNuke license

2003-03-05 Thread Simon Law
On Wed, Mar 05, 2003 at 12:47:59PM -0500, Branden Robinson wrote:
 On Wed, Mar 05, 2003 at 04:35:02PM +1300, Nick Phillips wrote:
  Consideration of the scenario of use of a modified but undistributed version
  of a program within the modifying organisation would also lead one to
  conclude that our interpretation of 2 as a whole is desirable, and likely
  to be the intention of the license's author(s).
 
 Why does anyone care about modified copies that don't get distributed?
 Has it occurred to anyone how difficult it would be to enforce such a
 restriction?  How is the copyright holder to know that such modification
 has even happened?

Oh...  Let's say you run an ASP service that uses GNU Hello
World to display the appropriate greeting.  Making a modification
without respecting all of 2(a), 2(b), and 2(c) would be in violation of
the GPL as it currently stands.

Since the copyright holder has the exclusive right to
modification under U.S. copyright law, I see this as a flaw in the
wording of the GPL; not a malicious legal trap set by the FSF.

Simon



Re: PHPNuke license

2003-03-05 Thread Simon Law
On Wed, Mar 05, 2003 at 12:45:55PM -0600, Steve Langasek wrote:
 On Wed, Mar 05, 2003 at 01:10:15PM -0500, Simon Law wrote:
  Here's an interesting GPL puzzle.  Say you completely remove
  the interactive functionality of a program that uses (2)(c).  This means
  that you can remove that entire chunk of code anyway.  Someone uses your
  code and prepares a derivative work that is interactive.  Is this new
  author required to put in an appropriate notice?
 
  He knows that one used to exist because you have clearly marked
  your changes in the appropriate source files.
 
 It doesn't matter if it used to exist or not; you're only excused from
 complying with 2(c) if you receive the work in a form that is already
 interactive, AND it does not already contain an appropriate notice.  If
 you take a non-interactive work and make it interactive, the GPL as
 written requires you to add an appropriate notice.  Your only way out of
 this requirement is to go back to an earlier, interactive form which
 legitimately did not include a notice under 2(c).
 
 I would recommend that users of the GPL who find this requirement ugly
 begin adding an additional exemption to 2(c) to their own works.
 Branden, if I'm not mistaken, this would constitute an additional
 permission and is therefore acceptable in your book?

Yes, this makes sense now.  I can see from a more careful
reading that 2(c) does obligate you to do add a correct and appropriate
notice.

Simon



Re: PHPNuke license

2003-03-04 Thread Simon Law
On Tue, Mar 04, 2003 at 07:33:51AM -0600, John Goerzen wrote:
 On Mon, Mar 03, 2003 at 10:52:57PM -0500, Branden Robinson wrote:
   That sounds ludicrous and farfetched to me, given that both statements, by
   themselves, are already farfetched in this circumstance.
  
  Well, it certainly seems plausible that at least some programs can do
  this.  Consider a quine attached to a network socket.
 
 OK, I'll bite -- what's a quine?

Check FOLDOC: http://wombat.doc.ic.ac.uk/foldoc/foldoc.cgi?quine

Simon



Re: PHPNuke license

2003-03-04 Thread Simon Law
On Tue, Mar 04, 2003 at 08:22:45AM -0600, John Goerzen wrote:
 I remind everyone that even if the GPL applies, the below notice is more
 restrictive as it prevents editing to reflect current status.  Additionally,
 the required notice does not include the warranty information, which may be
 a GPL violation.

My personal interpretation is because there is no warranty
information in the author supplied notice, then there is no notice
worthy of (2)(c) consideration.  If the author added the information
required by (2)(c), then that would be a different story since nobody
could simultaneously satisfy the GPL and Mr. Burzi's own addendums.

I suggest that Mr. Burzi, along with his contributors, relicense
to something simpler and more explicit, that conforms to his own
personal wishes.

Simon



Re: PHPNuke license

2003-03-02 Thread Simon Law
On Fri, Feb 28, 2003 at 02:51:18PM -0600, Steve Langasek wrote:
 On Fri, Feb 28, 2003 at 03:18:12PM -0500, Simon Law wrote:
  What I really mean here is for the maintainer to ask the
  PHP-Nuke author to actually relicense their software such that their
  intentions are expressed in the license.  Since it is fairly obvious
  that he is not using the GNU GPL correctly, he probably wants to use
  something else.
 
  Of course, if he has accepted patches from people licensed under
  the GNU GPL, then he's in a deeper uh... legal quagmire.
 
 This would require the PHP-Nuke author to accept patches.  Let us say
 that the author in question is somewhat... notorious.
 
 See Google for accounts of the 'postnuke' fork (also available in
 Debian).

Ack!

PHP-Nuke appears to have forked off of Thatware, so unless
Francisco has exorcised that code...  And it appears that he had
contributions from others.

It sounds like it would take much effort to get its license into
a decent state.

Simon



Re: PHPNuke license

2003-03-02 Thread Simon Law
On Sat, Mar 01, 2003 at 09:24:41PM -0500, Branden Robinson wrote:
 On Sat, Mar 01, 2003 at 09:51:18PM +0100, Henning Makholm wrote:
  Agreed. In particular, in such a hybrid licence, the word this
  License in the GPL text would naturally be taken to refer to the
  entire hybrid rather than just to the GPL.
 
 I don't think the FSF intends the GNU GPL license text to be interpreted
 that way.  (I could be wrong, though...)

One of the strong hints that the GNU GPL is not meant to be part
of a hybrid license with additional restrictions appears right at the top.

Copyright (C) 1989, 1991 Free Software Foundation, Inc.  
59 Temple Place - Suite 330, Boston, MA  02111-1307, USA

Everyone is permitted to copy and distribute verbatim copies
of this license document, but changing it is not allowed.

Everyone who generates a cut-and-paste license out of the GNU
GPL is plagerising, and violating copyright law.  So actually editing
the GPL to include more explicit terms is right out.

If you wish to add additional restrictions before or after the
GPL, then the total license become inconsistent.  The GPL clearly
marks the beginning and the end of this License with:

TERMS AND CONDITIONS FOR COPYING, DISTRIBUTION AND MODIFICATION

END OF TERMS AND CONDITIONS

The makes it fairly clear that this License applies to just the GPL.
Not only that, but there's wording in the GPL that also enforces this
point of view.  Section 8 says In such case, this License incorporates
the limitation as if written in the body of this license.

The reason why you can waive restrictions is that Section 2,
Paragraph 2, allows you to.  By generalising the entire Program under a
more permissive license, a user may choose to use the more permissive
license, or to use just the plain GPL.

Simon



OpenSSH licensing issues [was Re: PHPNuke license]

2003-03-02 Thread Simon Law
On Sat, Mar 01, 2003 at 04:46:50AM +, James Troup wrote:
 Simon Law [EMAIL PROTECTED] writes:
 
  Do you mind, Brandon(sic), if we let Niels finish GNU lsh?  I sort
  of like having a complete SSH protocol implementation in main.
 
 Huh?  The only reference to advertising in openssh's copyright file is
 a clause of a Regents of UoC copyright notice and that's been
 retroactively revoked[1].

True, but licensing is more subtle than that.  ssh depends of
libssl0.9.7.  Look into that copyright file and we see:

  LICENSE ISSUES
  ==

  The OpenSSL toolkit stays under a dual license, i.e. both the conditions of
  the OpenSSL License and the original SSLeay license apply to the toolkit.
  See below for the actual license texts. Actually both licenses are BSD-style
  Open Source licenses. In case of any license issues related to OpenSSL
  please contact [EMAIL PROTECTED]

Unfortunately, Eric Young has not revoked clause 3 of his
4-clause BSD license.  As well, his license prohibits relicensing of his
code, even to a more prohibitive license.

Simon



Re: PHPNuke license

2003-03-02 Thread Simon Law
On Sat, Mar 01, 2003 at 05:04:11PM -0500, Branden Robinson wrote:
  I also don't see a problem with the About Box interpretation of
  (2)(c), which avoids the 4-clause BSD problem.
 
 Maybe you don't, but I don't see it as being easily construed from the
 language of (2)(c); it looks to me like (2)(c) is designed to ensure the
 unconditional presentation of the information described to a passive
 user, whereas about boxes tend to require the user to take positive
 action to reveal them (click on the menu bar, select an item from a
 drop-down menu, etc.).

(2)(c) is much more akin to the splash screen of the GUI
world, which blocks out a meaningful chunk of your screen because it
wants the user to know that the program is actually loading up.

Simon



Re: OSD DFSG convergence

2003-03-02 Thread Simon Law
On Sun, Mar 02, 2003 at 08:47:29PM -0500, Russell Nelson wrote:
 Thomas Bushnell, BSG writes:
   Russell Nelson [EMAIL PROTECTED] writes:
   
What term of the DFSG *clearly* says that a license cannot require
click-wrap?
   
   DFSG says that modifications must be permitted.  One modification that
   must be permitted is to modify the software removing the click-wrap
   implementation.  
 
 You are not allowed to remove the copyright statement from a source
 file.  You are not allowed to remove the code which announces the
 license on a GPL'ed program.

Russell, correct me if I'm wrong, but a click-wrap license
otherwise known as an End-User License Agreement is not a copyright
statement.  This, of course, is what Thomas was referring to.

Simon



Re: PHPNuke license

2003-02-28 Thread Simon Law
On Fri, Feb 28, 2003 at 10:12:41AM -0600, John Goerzen wrote:
 Hello,
 
 This is in /usr/share/doc/phpnuke/copyright:
 
 Note from upstream author:
 
 ##
 #I M P O R T A N TN O T E#
 ##
 # IMPORTANT: I saw many sites that removes the copyright line in the footer  #
 # of each page. YOU'RE NOT ALLOWED TO REMOVE NOR CHANGE/EDIT THAT NOTE. If I #
 # still see this problem happening I'll need to take extreme measures that   #
 # can include: to change the PHP-Nuke license, to encrypt some parts of the  #
 # code, stop distributing it for free and in an extreme case stop developing #
 # it. The decision is in your hands. #
 # If you do not agreed with this simple rule, delete all PHP-Nuke files  #
 # right now and move away from it. Thanks.   #
 ##
 
 I think this is not good for the same reason as the BSD advertising clause.
 
 The notice is:
 
 Web site engine's code is Copryight (C) 2002 by PHP-Nuke.  All Rights
 Reserved.  PHP-Nuke is Free Software released under the GNU/GPL license.
 
 This would seem to also prohibit modifications and derived works, since a
 proper copyright notice would reflect the status of the modifier.  

PHP-Nuke's license is ambiguous.  I don't like it at all.  Here's
a sample culled from footer.php

//
/* PHP-NUKE: Advanced Content Management System */
/*  */
/*  */
/* Copyright (c) 2002 by Francisco Burzi*/
/* http://phpnuke.org   */
/*  */
/* This program is free software. You can redistribute it and/or modify */
/* it under the terms of the GNU General Public License as published by */
/* the Free Software Foundation; either version 2 of the License.   */
//

So it appears that he doesn't apply the GPL properly, but at
least we see his intent.  Of course, unlike Bison, Francisco does not
exempt the output of his program, which contains snippets of clear-text
HTML and JavaScript within.  Therefore, I suspect most people
using PHP-Nuke are in violation of Section 0 of its license.

Activities other than copying, distribution and modification are not
covered by this License; they are outside its scope.  The act of
running the Program is not restricted, and the output from the Program
is covered only if its contents constitute a work based on the
Program (independent of having been made by running the Program).
Whether that is true depends on what the Program does.

This, of course, means that people who run PHP-Nuke must have
their webpages licensed as a whole under the GNU GPL.  It also implies
that they need to reproduce the copyright notices in the output, perhaps
as HTML comments up at the top.  This all seems rather silly though,
since the author has obviously not understood the license he has
applied.

Could the maintainer of PHP-Nuke please have a little chat with
the author?

Simon



Re: PHPNuke license program is free software; you can redistribute it and/or

2003-02-28 Thread Simon Law
On Fri, Feb 28, 2003 at 01:09:36PM -0600, John Goerzen wrote:
 On Fri, Feb 28, 2003 at 01:38:52PM -0500, Peter S Galbraith wrote:
  Branden Robinson [EMAIL PROTECTED] wrote:
  
   What this restriction is much *more* like is the Zope web bug (all
   pages rendered with Zope have to have our little image on it), against
   which Bruce Perens successfully campaigned some years ago.
  
  Perhaps, but the Zope license required it explicitely, while the PHPNuke
  author is relying on the GPL section 2c to enforce it.
 
 I don't think I gather that from this:
 
 YOU'RE NOT ALLOWED TO REMOVE NOR CHANGE/EDIT THAT NOTE.
 
 explicitly stated in the Debian copyright file for the package.
 
 I think that is an extra restriction.

It appears to be an extra restriction.  If it were to fall under
2c, then the HTML it generates should be similar to this:

centerfont class=footmsg
PHP-Nuke version 6.5, Copyright copy; 2003 by Francisco Burzi.
PHP-Nuke comes with a href=http://phpnuke.org/no-warranty.html;
ABSOLUTELY NO WARRANTY/a.
This is free software, and you are welcome
to redistribute it under a href=http://phpnuke.org/license.html;
certain conditions/a.
/font/center

Of course, it doesn't.  The author himself fails to print or
display an appropriate copyright notice and a notice that there is no
warranty and that users may redistribute the program under these
conditions, and telling the user how to view a copy of this License.
Thus falling under the exception clause immediately following.

However, since the Program includes itself within the output,
every PHP-Nuke generated page must contain appropriate copyright
information within.  So there should probably be some text before the
/head tag.  Perhaps a comment that looks like this:

!--
PHP-Nuke is an advanced web-based content management system.
Copyright (C) 2003  Francisco Burzi

This program is free software; you can redistribute it and/or
modify it under the terms of the GNU General Public License
as published by the Free Software Foundation; version 2
of the License.

This program is distributed in the hope that it will be useful,
but WITHOUT ANY WARRANTY; without even the implied warranty of
MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE.  See the
GNU General Public License for more details.

You should have received a copy of the GNU General Public License
along with this program; if not, write to the Free Software
Foundation, Inc., 59 Temple Place - Suite 330, Boston, MA  02111-1307, USA.
--
/head

Simon



Re: PHPNuke license

2003-02-28 Thread Simon Law
On Fri, Feb 28, 2003 at 11:19:34AM -0600, John Goerzen wrote:
 On Fri, Feb 28, 2003 at 11:44:56AM -0500, Simon Law wrote:
  Could the maintainer of PHP-Nuke please have a little chat with
  the author?
 
 I think that the author is unlikely to relent on this, given
 http://www.phpnuke.org/modules.php?name=Newsfile=articlesid=5536

Well, the full context of that sentence is below.

  This, of course, means that people who run PHP-Nuke must have
  their webpages licensed as a whole under the GNU GPL.  It also implies
  that they need to reproduce the copyright notices in the output, perhaps
  as HTML comments up at the top.  This all seems rather silly though,
  since the author has obviously not understood the license he has
  applied.
  
  Could the maintainer of PHP-Nuke please have a little chat with
  the author?

What I really mean here is for the maintainer to ask the
PHP-Nuke author to actually relicense their software such that their
intentions are expressed in the license.  Since it is fairly obvious
that he is not using the GNU GPL correctly, he probably wants to use
something else.

Of course, if he has accepted patches from people licensed under
the GNU GPL, then he's in a deeper uh... legal quagmire.

Simon



Re: PHPNuke license

2003-02-28 Thread Simon Law
On Fri, Feb 28, 2003 at 03:04:10PM -0500, Branden Robinson wrote:
 On Fri, Feb 28, 2003 at 01:07:21PM -0600, John Goerzen wrote:
  I didn't try to reach a conclusion about DFSG-freeness with the above
  statement for the precise reason that I couldn't find a consensus on the
  issue with my quick list searching.  I'm just saying I don't like the BSD
  advertising clause, and this is like that, and I dont like it either.
 
 Okay.  Ultimately I think we should try to reform the DFSG or our
 interpretation of it such that the advertising clause is no longer
 regarded as DFSG; it is impractical, and the vast majority of important
 software that used to carry the 4-clause BSD license has transitioned to
 the 3-clause BSD license (or a different license entirely).

Do you mind, Brandon, if we let Niels finish GNU lsh?  I sort of
like having a complete SSH protocol implementation in main.

 Furthermore, a broad interpretation of 2c would be inconsistent with the
 way most FSF programs actually work.  The stuff in GNU coreutils doesn't
 generally spew a copyright notice and warranty disclaimer to standard
 output or standard error when these programs are are run for their
 typical uses; otherwise normal shell sessions would be awash in legal
 notices and we'd need 100,000 lines of scrollback in our terminals just
 so we could get some work done.

Well, that's because the copyright holder, in this case the FSF,
has chosen not to print or display the appropriate notices.  Therefore,
no subsequent contributors need to, although they could add one if they
wished.

Simon



Re: PHPNuke license

2003-02-28 Thread Simon Law
On Fri, Feb 28, 2003 at 03:07:20PM -0600, John Goerzen wrote:
 On Fri, Feb 28, 2003 at 03:09:45PM -0500, Branden Robinson wrote:
  On Fri, Feb 28, 2003 at 02:02:32PM -0600, John Goerzen wrote:
   On Fri, Feb 28, 2003 at 02:22:44PM -0500, Don Armstrong wrote:
We do have some software that is GNU GPL with exceptions, but these
exceptions grant additional rights, instead of imposing additional
restrictions.
   
   Good point.  I wonder, though, if the difference is important?
  
  Uh, why do you think the FSF went to the trouble of writing sections 6
  and 7 of the GNU GPL in the first place?
 
 Those don't apply to the copyright holder.  The GPL applies only to people
 that receive a copy from them.  The You in You may not impost any further
 restrictions in section 6 refers to people that receive the program from
 someone other than the copyright holder that is redistributing it under the
 GPL.  It would not be the redistributor that is imposing the additional
 restrictions; it would be the copyright holder.

This is true.  However, you cannot include the full text of the
GNU GPL verbatim, and include additional restrictions as they stand and
still have a consistent license.  In this case, the GPL helpfully
nullifies itself because you cannot meet both its obligations and the
additional restrictions imposed.  Therefore, your users do not get the
privledge of copying, modifying or redistributing.

This basically means that your program is freeware and not
really copyleft.

Simon



Bug#182402: ttf-freefont is violating the GNU GPL

2003-02-25 Thread Simon Law
Package: ttf-freefont
Version: 20021016-2
Severity: serious

The package ttf-freefont is licensed under the GNU General Public
License, as listed in the appended debian/copyright file.  I can confirm
this from http://savannah.nongnu.org/download/freefont/COPYING .

Since ttf-freefont _does_ _not_ include the complete
corresponding machine-readable source code, nor does it have a
written offer, nor does it pass on information received; this package
and Debian is in violation of Section 3 of freefont's license.

I recommend that you immediately upload a package containing the
source SFD files to satisfy our licensing obligations.  You should use
both http://savannah.nongnu.org/download/freefont/freefont-ttf.tar.gz
and http://savannah.nongnu.org/download/freefont/freefont-sfd.tar.gz to
construct the package.

--- BEGIN debian/copyright ---
This package was debianized by Peter Hawkins [EMAIL PROTECTED] on
Fri, 27 Sep 2002 12:42:49 +1000.

It was downloaded from http://www.nongnu.org/freefont/

Upstream Author: Primoz Peterlin

Copyright:
This package is free software; you can redistribute it and/or modify
it under the terms of the GNU General Public License as published by
the Free Software Foundation; either version 2, or (at your option)
any later version.

You should have received a copy of the GNU General Public License with
your Debian GNU/Linux system, in /usr/share/common-licenses/GPL, or with
the Debian GNU/Linux ttf-freefont source package as the file COPYING.  If not,
write to the Free Software Foundation, Inc., 59 Temple Place - Suite
330, Boston, MA 02111-1307, USA.
 END debian/copyright 

As well, the debian/copyright notice does not actually specify
the correct copyright statement.  I suggest revising it thus:

--- BEGIN suggested debian/copyright ---
This package was debianized by Peter Hawkins [EMAIL PROTECTED] on
Fri, 27 Sep 2002 12:42:49 +1000.

It was downloaded from http://savannah.nongnu.org/download/freefont/

Upstream Maintainer: Primoz Peterlin [EMAIL PROTECTED]

Copyright:

freefont is a collection of free Universal Character Set outline fonts.
Copyright (C) 2002  Free Software Foundation

This program is free software; you can redistribute it and/or modify
it under the terms of the GNU General Public License as published by
the Free Software Foundation; either version 2 of the License, or
(at your option) any later version.

This program is distributed in the hope that it will be useful,
but WITHOUT ANY WARRANTY; without even the implied warranty of
MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE.  See the
GNU General Public License for more details.

You should have received a copy of the GNU General Public License
along with this program; if not, write to the Free Software
Foundation, Inc., 675 Mass Ave, Cambridge, MA 02139, USA.

On Debian GNU/Linux systems, the complete text of the GNU General
Public License can be found in `/usr/share/common-licenses/GPL'.
 END suggested debian/copyright 



Re: mod_ldap for proftpd is now post-card licensed (proftpd 1.2.7+)...

2003-01-30 Thread Simon Law
On Thu, Jan 30, 2003 at 03:13:02PM +0100, Francesco P. Lovergine wrote:
 On Thu, Jan 30, 2003 at 01:06:22PM +0100, Francesco P. Lovergine wrote:
  
  Any hints
 
  are welcome :) 

Send him a postcard with the appropriate GPL section
highlighted.

Simon



Re: mod_ldap for proftpd is now post-card licensed (proftpd 1.2.7+)...

2003-01-30 Thread Simon Law
On Thu, Jan 30, 2003 at 07:51:27PM +0100, Henning Makholm wrote:
 Scripsit Simon Law [EMAIL PROTECTED]
 
  Send him a postcard with the appropriate GPL section
  highlighted.
 
 Um, but what is the appropriate GPL section? It is clear to us that
 what the author is trying to do is not compatible with claiming it is
 GPL'ed - but the reason *why* it's incompatible is that the GPL
 contains no postcard requirement. How do you hightlight a section that
 is no there?

Two sections actually:

The zeroth section states why his condition:

As of mod_ldap 2.8.10, you _must_ send me a postcard at the following
address if you use mod_ldap. If you do not send a postcard, you are in
violation of mod_ldap's licensing.

cannot hold under U.S. copyright law.

Activities other than copying, distribution and modification are not
covered by this License; they are outside its scope.  The act of
running the Program is not restricted, and the output from the Program
is covered only if its contents constitute a work based on the
Program (independent of having been made by running the Program).
Whether that is true depends on what the Program does.

The sixth section tells us why no-one but the author is allowed
to distribute the Program.

  6. Each time you redistribute the Program (or any work based on the
Program), the recipient automatically receives a license from the
original licensor to copy, distribute or modify the Program subject to
these terms and conditions.  You may not impose any further
restrictions on the recipients' exercise of the rights granted herein.
You are not responsible for enforcing compliance by third parties to
this License.

Simon



Re: CLUEBAT: copyrights, infringement, violations, and legality

2003-01-29 Thread Simon Law
On Tue, Jan 28, 2003 at 11:16:24PM -0500, Branden Robinson wrote:
 * Some countries, particularly some in Europe, have a concept of moral
   rights that attach to creative works.  I admit I am not too familiar
   with these, but they are not the same thing as copyright and have
   little in common with copyright.  Moreover, moral rights are seldom
   asserted in anything the Debian Project seeks to distribute.  So, let
   us not confuse moral rights with copyrights and thus lazily introduce
   the language of the former when speaking of the latter.

Here in Canada, we too have moral rights on our work.  From
http://www.trytel.com/~pbkerr/copyright.html

Moral rights include the author's right to be associated with the work
by name, or pseudonym and the right to remain anonymous, and include the
author's right to the integrity of the work (that is, the author's right
to stop the work from being distorted, mutilated or modified, to the
prejudice of the author's honour or reputation, or from being used in
association with a product, service, cause or institution).

So moral rights can be very well asserted aside from licensing.
For instance, if I allow modification and redistribution of a technical
document that I have written, that is a relaxation of copyright
restrictions.  However, if I understand Canadian law correctly; this
does not relax my moral rights.  If you edit my technical document such
that it uses language that is offensive (replacing the word woman
with a derogatory equivalent,) then you have violated my moral right to
the integrity of the work.

As well, my moral rights allow me to pursue legal action if
another institution adopts it as some form of symbol, and I do not wish
it to be associated as such.

Simon



Re: OSD DFSG convergence

2003-01-27 Thread Simon Law
On Sun, Jan 26, 2003 at 09:54:54PM -0500, Russell Nelson wrote:
 Simon Law writes:
  Public domain software that is unlicensed does not have the
   protection of copyright law.  Therefore, it is likely to meet all the
   DFSG criteria.
 
 How can it?  There is no license, so how can it meet #3 Derived Works?
 I'm not being trivial and pointless here, I'm being careful.

Ah... I see that you are being pedantic.  Thankfully, the DFSG
is not a legal document; so although it is a literal interpretation, any
sane Debian Developer will realise that public domain software needs no
license whatsoever to meet all other DFSG criteria.

Notice that I was careful in not specifying that it would meet
OSD criteria.  Your world and ours is ever so slightly different.

Simon



Re: OSD DFSG convergence

2003-01-27 Thread Simon Law
On Mon, Jan 27, 2003 at 04:53:16PM +0200, Antti-Juhani Kaijanaho wrote:
 On 20030126T194352-0500, Branden Robinson wrote:
  On Sun, Jan 26, 2003 at 10:57:01PM +0200, Antti-Juhani Kaijanaho wrote:
  Also, there is -- again in the U.S. -- such a thing as an
  uncopyrightable work, and such things can be in the public domain[1].
 
 Sure there are uncopyrightable works.  There are such things in Finland,
 too.  I was explicitly limiting myself to software, for which I am not
 aware of any uncopyrightability.
 
  The Debian distribution contains things that aren't software, like
  word lists, and some of things are neither software nor subject to
  copyright law (in the U.S.).
 
 If it is not software, then it is not public-domain software.
 
 (I even remember past discussions on Debian lists, perhaps even this
 one, where it was debated whether the DFSG, _software_ guidelines,
 apply to such works.)

It seems that the Debian community also attempts to shoehorn the
DFSG into non-software situations.  Granted that this is sub-optimal
since we argue endlessly over semantics; but the end results are decent.

Simon



Re: OSD DFSG convergence

2003-01-26 Thread Simon Law
On Sun, Jan 26, 2003 at 12:55:05PM -0500, Russell Nelson wrote:
 Hi.  I'm the vice-president of the Open Source Initiative, and I'm
 writing to you today in that stead.

N.B.  I am CCing you since you do not have a Mail-Followup-To:
that says otherwise.  If you are reading this list, please tell me so I
won't pollute your Inbox.

 We want to explore convergence between the Open Source Definition, and
 the Debian Free Software Guidelines.  OSI is interested in mending
 differences in our community, so that we can stand together.
 
 Is there anything in the OSD which would prevent the Debian project
 from adopting it whole cloth?  Is there anything the Debian project
 would like to see changed in the OSD before it could adopt the OSD?

To facilitate discussion, there are only two major differences
that I can see.

DFSG 2:
The OSD appends the following text:

Where some form of a product is not distributed with source code, there
must be a well-publicized means of obtaining the source code for no more
than a reasonable reproduction costpreferably, downloading via the
Internet without charge. The source code must be the preferred form in
which a programmer would modify the program. Deliberately obfuscated
source code is not allowed. Intermediate forms such as the output of a
preprocessor or translator are not allowed.

DFSG 10:
The OSD removes the grandfathering clause and substitutes:

No provision of the license may be predicated on any individual
technology or style of interface.

 Regardless of the merits of this proposal, I see two problems with the
 current DFSG.  One is that software must comply with the DFSG to be a
 part of Debian, and yet the DFSG does not admit the possibility of
 public-domain unlicensed software.  Then again, neither does the OSD,
 because we're only applying it to licenses.  Another problem is that

Public domain software that is unlicensed does not have the
protection of copyright law.  Therefore, it is likely to meet all the
DFSG criteria.  Public domain software that is embedded within other
licensed software may or may not meet DFSG criteria.  Nevertheless, the
DFSG can be applied.

 the DFSG does not prohibit a license from requiring a specific form of
 affirmative assent known as click-wrap.  Our recently-passed change to 
 the OSD fixes that problem.

I fail to see how a useful software license could be DFSG-free
and have a detrimental click-wrap license.  Perhaps you could provide an
example?

Simon



Re: OSD DFSG convergence

2003-01-26 Thread Simon Law
On Sun, Jan 26, 2003 at 10:57:01PM +0200, Antti-Juhani Kaijanaho wrote:
 On 20030126T125505-0500, Russell Nelson wrote:
  Another problem is that the DFSG does not prohibit a license from
  requiring a specific form of affirmative assent known as click-wrap.
 
 I have a vague memory of such licenses been deemed non-DFSG-compliant in
 the past, but I don't have references.

Typically, these licenses are used to impose further
restrictions on copyright.  Since all rights reserved already violates
the DFSG, this sub-class of click-through (or EULA) licenses are
DFSG-nonfree as well.

Simon



Re: gnuplot license

2002-12-16 Thread Simon Law
On Mon, Dec 16, 2002 at 07:01:07PM -0600, Joe Wreschnig wrote:
 On Mon, 2002-12-16 at 09:23, Peter S Galbraith wrote:
  OT, but I'm sure most people first pick gnuplot because they think it is
  the GNU tool for the job.  It's too bad that it capitalizes on the name
  with such a license.
 
 Well, what *is* the GNU tool for the job? AFAIK there isn't one.

Use GNU graph, which is encapsulated within GNU plotutils.

Simon



Re: what license is ?

2002-09-25 Thread Simon Law
On Thu, Sep 26, 2002 at 01:53:20AM +0200, Samuele Giovanni Tonon wrote:
 hi,
 i'm making the package of a library (libevent) which has this license 
 this looks like a derived form of BSD license anyway i don't know
 if i can put it under bsd license or i have to cut'n paste the license
 inside the copyright file (anyway it looks debian compatible) .
 the only difference seem to be point 3 beetween this and BSD Lic.
 What do you suggest ?

Dude, I've ITPed [0] that, and have a copy of that package on my
hard disk.  I plan on tweaking fragroute before uploading the whole set.

Simon

[0] http://bugs.debian.org/cgi-bin/bugreport.cgi?bug=155447repeatmerged=yes



Re: truetype font licensing

2002-08-16 Thread Simon Law
On Thu, Aug 15, 2002 at 11:53:06PM -0700, Michael Cardenas wrote:
 Hello everyone. Please cc me on any replies as I am not subscribed. 

Done.  You should set your Mail-Followup-To: header to say that,
then any intelligent mail reader will CC you.

 Unfortunately, I only know of two ttf fonts that are explicitly
 licensed under the gpl: dustismo, from cheapskate fonts, and metatype,
 from metatype.sourceforge.net. 

I have investigated this for a while, and have also noticed the
lack of Free TTFs.

 I will be making a package shortly for dustismo, and am talking with
 the author about the possibility of more gpl'ed fonts. I have also
 emailed the maintainer of metatype, as his font needs some more work
 and I'm willing to work on it, but I haven't received a response yet. 

Thank you for your time and effort.  It is nice to see
Lindows.com contributing directly to the Debian project.

 What a long winded prelude! I want to ask you about how, or if, I
 should approach some other font authors to see if they are interested
 in releasing their fonts under the gpl. 

I believe you should.  However, there are legal implications to
using the GPL which are subtle.  You may want to consider asking them to
dual license, or to consider the LGPL.

 Searching for free fonts, I came across this list from a prof at
 mcgill university:
 
 http://cgm.cs.mcgill.ca/~luc/freefonts.html
 
 and emailed him to see if he knows of any which are gpl'ed or under
 similar free licenses. he pointed me to this list, of original font
 authors, not just collections:
 
 http://jeff.cs.mcgill.ca/~luc/originalfonts.html
 
 and said I should talk to those authors, and that he doesn't know of
 any under free licenses. 
 
 So, should I contact these font authors to ask them about licensing?
 How should I approach them? Is there someone else more appropriate and
 interested who is a dd and has a d.o email address? (i'm still in the
 nm process)

I think that since you have done a lot of research, you ought to
approach them.  You should approach them in a friendly way, introduce
yourself as a Debian volunteer, and explain our predicament.  Then ask
them if they would like to help.  You can then explain the legal issues
surrounding their current licensing, and how alternative licenses could
help.  Since most fontographers are not lawyers, it may be that they
have just picked the wrong license for their intent.

I've been dealing with the Nessus people on a similar licensing
problem; and I'm also in the NM queue.  As long as you're friendly, kind
and understanding; most upstreams I've talked to are pretty
accomodating.  If they say no, then don't push the issue.  Licensing
is a pretty hot topic for some people.

 There is also the issue of the Bigelow and Holmes fonts in xfree86,
 which are licensed under a non free license which restricts
 modification. Branden Robinson and Juliusz Chroboczek already
 contacted them to discuss licensing, and received no response. I think
 we should try again. 

Most definitely!  I would encourage you to do so.

 I'm very interested in providing high quality type to the free
 software community, and I want to do whatever I can to make that
 happen. If that means finding gpl or dfsg compliant fonts, then so be
 it. If I can't find any and have to make my own, I plan to do so. 

Actually, we probably should make our own.  The dirth of Free
tools for making TrueType is a major roadblock, and should be something
to be worked upon.

The reason why we should make our own is so that documents
coming from the non-free world can carry reasonably well.  We need a
Times clone and a Helvetica clone, with the same dimensions and kerning.
A Zapf Dingbats clone would also be beneficial.  They don't have to look
the same, but they ought to have the same characters, in the same place,
with the same _behaviour_ so that documents can be shared without gross
formatting changes.

 thank you for your time

No, thank you Michael.

Simon



Re: truetype font licensing

2002-08-16 Thread Simon Law
On Thu, Aug 15, 2002 at 11:53:06PM -0700, Michael Cardenas wrote:
 Hello everyone. Please cc me on any replies as I am not subscribed. 

Done.  You should set your Mail-Followup-To: header to say that,
then any intelligent mail reader will CC you.

 Unfortunately, I only know of two ttf fonts that are explicitly
 licensed under the gpl: dustismo, from cheapskate fonts, and metatype,
 from metatype.sourceforge.net. 

I have investigated this for a while, and have also noticed the
lack of Free TTFs.

 I will be making a package shortly for dustismo, and am talking with
 the author about the possibility of more gpl'ed fonts. I have also
 emailed the maintainer of metatype, as his font needs some more work
 and I'm willing to work on it, but I haven't received a response yet. 

Thank you for your time and effort.  It is nice to see
Lindows.com contributing directly to the Debian project.

 What a long winded prelude! I want to ask you about how, or if, I
 should approach some other font authors to see if they are interested
 in releasing their fonts under the gpl. 

I believe you should.  However, there are legal implications to
using the GPL which are subtle.  You may want to consider asking them to
dual license, or to consider the LGPL.

 Searching for free fonts, I came across this list from a prof at
 mcgill university:
 
 http://cgm.cs.mcgill.ca/~luc/freefonts.html
 
 and emailed him to see if he knows of any which are gpl'ed or under
 similar free licenses. he pointed me to this list, of original font
 authors, not just collections:
 
 http://jeff.cs.mcgill.ca/~luc/originalfonts.html
 
 and said I should talk to those authors, and that he doesn't know of
 any under free licenses. 
 
 So, should I contact these font authors to ask them about licensing?
 How should I approach them? Is there someone else more appropriate and
 interested who is a dd and has a d.o email address? (i'm still in the
 nm process)

I think that since you have done a lot of research, you ought to
approach them.  You should approach them in a friendly way, introduce
yourself as a Debian volunteer, and explain our predicament.  Then ask
them if they would like to help.  You can then explain the legal issues
surrounding their current licensing, and how alternative licenses could
help.  Since most fontographers are not lawyers, it may be that they
have just picked the wrong license for their intent.

I've been dealing with the Nessus people on a similar licensing
problem; and I'm also in the NM queue.  As long as you're friendly, kind
and understanding; most upstreams I've talked to are pretty
accomodating.  If they say no, then don't push the issue.  Licensing
is a pretty hot topic for some people.

 There is also the issue of the Bigelow and Holmes fonts in xfree86,
 which are licensed under a non free license which restricts
 modification. Branden Robinson and Juliusz Chroboczek already
 contacted them to discuss licensing, and received no response. I think
 we should try again. 

Most definitely!  I would encourage you to do so.

 I'm very interested in providing high quality type to the free
 software community, and I want to do whatever I can to make that
 happen. If that means finding gpl or dfsg compliant fonts, then so be
 it. If I can't find any and have to make my own, I plan to do so. 

Actually, we probably should make our own.  The dirth of Free
tools for making TrueType is a major roadblock, and should be something
to be worked upon.

The reason why we should make our own is so that documents
coming from the non-free world can carry reasonably well.  We need a
Times clone and a Helvetica clone, with the same dimensions and kerning.
A Zapf Dingbats clone would also be beneficial.  They don't have to look
the same, but they ought to have the same characters, in the same place,
with the same _behaviour_ so that documents can be shared without gross
formatting changes.

 thank you for your time

No, thank you Michael.

Simon



Re: Can someone please help look over this

2002-08-13 Thread Simon Law
On Tue, Aug 13, 2002 at 02:41:45PM +1200, Corrin Lakeland wrote:
 Hi all,
 
 This licence has got me a bit confused.  Can someone please help to see if I 
 can add this to a GPL program (aspell) without affecting its DFSG status. I'm 
 aware languages are distributed in seperate packages and I _could_ put it in 
 non-free, but I'd really rather not.
 
 The point I'm hesitant about is the non-commercial since the GPL permits you 
 to charge for copies.

The requirement for non-commercial distribution (2.1.3 and 2.2)
violates DFSG 7.  I suspect that the return all changes to author
clause (2.1) is non-DFSG free, but I forget the specific interpretation.

Now, adding linking this to aspell and distributing the result
is not possible.  The GPL explicitly says that any derived works cannot
have any additional restrictions.  The license employed here has many
restrictions above and beyond the GPL.  It seems to me that the author
wants a) to be acknowledged and b) to keep his software Free.  I suppose
you have already suggested the use of the GPL to him?

Simon



Re: TeX Licenses teTeX (Was: Re: forwarded message from Jeff Licquia)

2002-08-10 Thread Simon Law
On Sat, Aug 10, 2002 at 03:40:19PM -0400, Boris Veytsman wrote:
 However, there is a big difference between TeX programs and, say, C or
 Perl programs. The innards of the C compiler or Perl interpreters are
 hidden from the user program. You cannot patch your compiler or
 interpreter DURING the run. TeX is different by design. You can patch
 it from the program it runs. Everything defined in plain.tex, cmr10.mf
 (or latex.ltx and article.sty) can go under knife from
 foo.tex. Therefore you obviously CAN patch the sources during the
 build and CAN distribute both the built files AND patches.

That is silly.  You can definitely modify the behaviour of the C
compiler through the C preprocessor.  You can do it in C++ with
templates.  Perl allows you to fiddle with its symbol table (typeglobs)
so that you can redefine the language on the fly.  You can even change
the behaviour of already compiled programs under UNIX with LD_PRELOAD.
But Frank has already (sensibly) admitted that this is not free enough.

Just because it's the accepted way doesn't mean that it is
free enough.  For instance, many Windows programmers will re-write their
Windows system DLL libraries in order to get functionality they need.and
Due to the way Windows loads libraries, the system DLLs can be
overloaded; but this does not make Windows system libraries more free
than if the library loader did not have this feature.

Simon



Re: TeX Licenses teTeX (Was: Re: forwarded message from Jeff Licquia)

2002-08-10 Thread Simon Law
On Sat, Aug 10, 2002 at 06:36:56PM -0400, Boris Veytsman wrote:
 Let me ask you this question. Suppose the libfoo-dev.deb package has
 only include files (no compiled libs and objects). The author of the
 package requires that absolutely no changes are done to the
 includes. However, you have the right to distribute patches to any
 foo*.h to be loaded at compile time. Moreover, you are allowed to
 distribute /usr/include/fixedfoo along with /usr/include/foo, and
 there is no restriction of putting into Makefiles 
 
 CFLAGS += -I /usr/include/fixedfoo
 
 
 Would you consider libfoo-dev.deb to be free?

Is this not what proprietary library vendors sell?  They sell
shrink-wrapped libraries, with copyrighted headers that you may use but
must not modify.  This makes sense for them, since you must expose the
source of the header files in order to compile.

Of course, you are allowed make your own source code redefine
these includes, which is equivalent to the system LaTeX provides.
However, the FSF has advised authors not to do this with proprietary
libraries, because it could be interpreted that you are making a derived
work by editing the header files, and that you are in a legally shaky
position.

I would consider this situation to be an edge case, and a very
precarious cliff to be teetering above.  Under some interpretations, it
may be free; but under trial conditions, a judge may very well rule
against those interpretations.  THIS IS NOT A GOOD THING!

Simon



Re: TeX Licenses teTeX (Was: Re: forwarded message from Jeff Licquia)

2002-08-08 Thread Simon Law
On Thu, Aug 08, 2002 at 03:04:11PM -0400, Boris Veytsman wrote:
  Date: Thu, 8 Aug 2002 20:26:26 +0200
  From: Bernhard R. Link [EMAIL PROTECTED]
 
  
  I will try to describe some worst-case scenario, to describe, what
  it is 
 
 
 [the scenario is omitted].
 
 You would be surprised, but this scenario is *not* imaginary. Actually
 this is what really happened to me. I think this story might be
 instructive in this discussion, so please bear with me. 
 
 This story is very unusual in LaTeX word, where stability is prized,
 but it did happen.
 
 Carl Heinz, the author of listings package, changed the API several
 times. He was nice enough to number the versions by 0.xx, so I SHOULD
 know better than to use alpha code on production machines, but I badly
 needed this package for my own system of automatic code generation
 (what I call semi-literate programming; at some point I am going to
 write a paper about it for TUG). Actually some changes were made at my
 own request, so I should not complain.
 
 To make a long story short, each of his incompatible upgrades broke my
 old documents! So what did I do? Several things -- there are several
 of them because I have been living with Carl's changes for four years
 now. 

My goodness!  Here's where all our experiences with dynamic
libraries pay off.

For the love of all that is good in this world, when the LaTeX3
team finally releases it to the world: please include these two things:

1. SONAMES
2. Versioned symbols
3. Namespaces

This solves all your problems in one fell stroke, as long as the
official LaTeX team follows all of them.  You can install new packages
with completely different behaviour and if you want documents to always
work; just make sure you declare what version of \documentclass{foo} and
\usepackage{bar} you want.  Backward compatibility issues solved.

Actually, come to think of it, you could probably implement the
same thing _now_ in LaTeX2e.  Make the default behaviour grab the most
recent versions of things, and people who use versioned stuff can ask
for \usepackage[v1]{bar} or something.  Then, you don't need legal
hackery to maintain document compatibility across platforms.  This will
make the sun shine, the grass green, birds sing, and lawyers unhappy.

Simon



Re: TeX Licenses teTeX (Was: Re: forwarded message from Jeff Licquia)

2002-08-06 Thread Simon Law
On Tue, Aug 06, 2002 at 12:15:32AM +0300, Richard Braakman wrote:
 On Mon, Aug 05, 2002 at 05:03:02PM -0400, Boris Veytsman wrote:
  I think you mix things here a lot.
  
  1. We already discussed the fact that LaTeX does have a patch
 mechanism. We demonstrated it here.
 
 The crucial difference is that the TeX patching happens at build time,
 and the restriction does not affect what can be installed on a user's
 machine.

It is also clear that the TeX license only applies to TeX which
relies on WEB.  The _draft_ LPPL is intended to apply to all manner of
works, which may or may not have any patching mechanism.  For example,
even if LaTeX were compilable to bytecode at build-time, and provided a
patching system; it is still conceivable that another work would
infringe on the _draft_ LPPL's filenaming restriction.

Simon



Re: GPL exception for the OpenSSL library

2002-07-30 Thread Simon Law
On Tue, Jul 30, 2002 at 02:53:19PM +0200, Bodo Moeller wrote:
 http://lists.debian.org/debian-legal/2002/debian-legal-200207/msg00454.html:
 
  I would then include the entire OpenSSL license in the file
  COPYING.OpenSSL in the hpoj package.  Mark, please forward the LICENSE
  file distributed with the OpenSSL version that Debian provides, so I can
  make sure it's truly identical to what I think it is.  Hopefully they
  don't change the wording of their license on a regular basis.  :-)
 
 http://lists.debian.org/debian-legal/2002/debian-legal-200207/msg00665.html:
 
  Could we also pseudo-uniquely identify COPYING.OpenSSL with an
  MD5 checksum?
 
 
 Please note that one line of the OpenSSL license *is* in fact changed
 on a regular basis:
 
  * Copyright (c) 1998-2002 The OpenSSL Project.  All rights reserved.
   
 
 MD5 checksums should be predictable, though.

I believe that the copyright statement is not a part of the
license.  The copyright statement is merely informational text, in
countries that are Berne convention signatories, is it not?  I have been
under the impression that the license is the stuff following the
copyright statement which outlines your rights and restrictions _in_
_addition_ to standard copyright.

Somebody correct me if I'm wrong.

Simon


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Re: GPL exception for the OpenSSL library

2002-07-30 Thread Simon Law
On Tue, Jul 30, 2002 at 03:33:49PM +0200, Bodo Moeller wrote:
 On Tue, Jul 30, 2002 at 09:21:34AM -0400, Simon Law wrote:
 
  I believe that the copyright statement is not a part of the
  license.  The copyright statement is merely informational text, in
  countries that are Berne convention signatories, is it not?  I have been
  under the impression that the license is the stuff following the
  copyright statement which outlines your rights and restrictions _in_
  _addition_ to standard copyright.
 
 Probably you are right, the problem is just that MD5 does not know
 about this :-)

Well, perhaps you don't have to include the copyright statement
in COPYING.OpenSSL.  Then you'd still be reproducing the license, no?
Can someone find out if this is the case?

Simon


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Bug#154398: Whisker 2.0 is out

2002-07-26 Thread Simon Law
On Fri, Jul 26, 2002 at 09:46:14PM +0200, Thomas Seyrat wrote:
 On July 26, 15:02 (-0400), Simon Law wrote:
  Yes.  I have noticed that just now.  It appears that Whisker and
  its libraries are free, but its tests are non-free.

   Mmh, yes, this is weird. Maybe rfp had to leave the main code GPL
   simply because it derives from the one used in Whisker 1.4, but
   rewrote the test engine and the test themselves, which would allow him
   to make them non-free ... That is strange.

  This data is odd,
  and seems to be in the form of code; so I suppose the best way to get
  around it would be to reimplement main.test as GPLed code.

   Doooh. This one's gonna tough.

  If you want someone to send you a Chinese Wall implementation of
  main.test, I think I can help you out.
 
   Thanks for that, but I want to make sure that this licensing is not
   just temporarily applied to Whisker 2.0, so I think I'm going to wait
   for Whisker 2.1, and contact rfp then if situation has not changed.

More bad news on the licensing front.  libwhisker-1.4 is GPLed
but it links to OpenSSL.  *sigh*  Looks like I'm going to have to join
the Whisker mailing lists and talk to him about all the legal issues he 
has.

Simon


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Re: [hpoj-devel] Bug#147430: hpoj: Linking against OpenSSL licensing modification (GPL)

2002-07-25 Thread Simon Law
On Thu, Jul 25, 2002 at 03:06:47AM -0700, David Paschal wrote:
 Let me know ASAP if there are any problems I need to fix before
 releasing hpoj-0.90.  If nothing comes up then I plan to start the
 release process approximately 12-24 hours from now.
 
 Thanks for everybody's patience and cooperation in this matter.

I've e-mailed RMS and this is what he had to say in 
http://lists.debian.org/debian-legal/2002/debian-legal-200207/msg00603.html

I see one possible flaw: if someone includes a different COPYING.OpenSSL
file, this notice would give permission for linking with something
under that replaced file.  I think that's a bug.  It needs to state
the OpenSSL license in some more reliable way.


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Re: GPL exception for the OpenSSL library

2002-07-25 Thread Simon Law
On Wed, Jul 24, 2002 at 09:12:03PM -0600, Richard Stallman wrote:
   My question is: do you think this license exception is
 acceptable for use?  That is, does it prevent the proprietary hijacking
 of the linked GPL-incompatible library?  Can you see any flaws in this?
 
 I see one possible flaw: if someone includes a different COPYING.OpenSSL
 file, this notice would give permission for linking with something
 under that replaced file.  I think that's a bug.  It needs to state
 the OpenSSL license in some more reliable way.

I suppose it would be tighter then, if you were to include the
OpenSSL license as an appendix to the copyright exception itself?

Could we also pseudo-uniquely identify COPYING.OpenSSL with an
MD5 checksum?  That is:

  In addition, as a special exception, Hewlett-Packard Company
  gives permission to link the code of this program with any
  version of the OpenSSL library which is distributed under a
  license identical to that listed in the included COPYING.OpenSSL
  file (which has an MD5 checksum of d41cc83b1cb9c19efde98744211a0b16),
  and distribute linked combinations including the two.  You must
  obey the GNU General Public License in all respects for all of
  the code used other than OpenSSL.  If you modify this file, you
  may extend this exception to your version of the file, but you
  are not obligated to do so.  If you do not wish to do so, delete
  this exception statement from your version.

Simon


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Re: GPL exception for the OpenSSL library

2002-07-25 Thread Simon Law
On Fri, Jul 26, 2002 at 01:14:12AM +0200, Florian Weimer wrote:
 Simon Law [EMAIL PROTECTED] writes:
 
  Could we also pseudo-uniquely identify COPYING.OpenSSL with an
  MD5 checksum?  That is:
 
 I think in the upstream sources, the file is called LICENSE, and it
 changes once a year (because of the included copyright statement), so
 including a md5sum is not a terribly good idea.

However, including COPYING.OpenSSL without the MD5SUM has the
same problem.  Both versions imply that you can only link to certain
versions of OpenSSL when distributing the GPLed program.

Is there any legal means of allowing COPYING.OpenSSL to be the
version released by the OpenSSL project _now_ but with minor changes in
such things as copyright dates?  The OpenSSL group may one day change
their license to something completely different and non-free.

Simon


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GPL exception for the OpenSSL library

2002-07-24 Thread Simon Law
Hi Richard!

I have a question to ask of you, which involves exception
statements to the GNU General Public License.  It is slightly
complicated, so I will give you some background.

Hewlett-Packard released a driver called the HP OfficeJet Linux
Driver which is packaged in the Debian GNU/Linux system as hpoj  A
description can be found at
http://packages.debian.org/unstable/utils/hpoj.html

Fortunately, HP was wise enough to license hpoj under the GNU
GPL.  Unfortunately, it is linked to the OpenSSL library (libcrypto)
which you and I know is GPL-incompatible.  This was reported to Debian
in http://bugs.debian.org/cgi-bin/bugreport.cgi?archive=no\bug=147430

HP looked at the exception presented at in the FSF's GPL FAQ
http://www.gnu.org/licenses/gpl-faq.html#WritingFSWithNFLibs and decided
that it was too broad for their tastes.  They were afraid that if
someone were to link a library that was not OpenSSL from the OpenBSD
team, and their OpenSSL non-free; the exception statement would apply
to it.  Another developer, Renaud de Raison of Nessus, had the same
difficulty with the exception statement; and was also worried that
someone could hijack his GPLed software by using this exception
statement.

On debian-legal, we ask if it is possible to use a GPL
compatible library, such as GNU TLS, but in both cases the authors
prefered to use OpenSSL as it fit their needs better.  

HP went to its corporate attorney, and it drafted this exception
statement, presented on debian-legal@lists.debian.org (and archived at
http://lists.debian.org/debian-legal/2002/debian-legal-200207/msg00454.html)

  In addition, as a special exception, Hewlett-Packard Company
  gives permission to link the code of this program with any
  version of the OpenSSL library which is distributed under a
  license identical to that listed in the included COPYING.OpenSSL
  file, and distribute linked combinations including the two.
  You must obey the GNU General Public License in all respects
  for all of the code used other than OpenSSL.  If you modify
  this file, you may extend this exception to your version of the
  file, but you are not obligated to do so.  If you do not wish to
  do so, delete this exception statement from your version.

Notice how it is very similar to the FSF approved statement.
The only difference is that the license of OpenSSL is bundled with the
Free software, and referenced in the exception, so it appears that no
proprietary hijacking can occur.

My question is: do you think this license exception is
acceptable for use?  That is, does it prevent the proprietary hijacking
of the linked GPL-incompatible library?  Can you see any flaws in this?

As well, if you believe this is a good exception statement,
perhaps you could revise the GPL FAQ in some manner to present a
generalised version of this statement as an alternative to the one you
currently provide?  I can see how this exception may be applicable and
useful for linking with non-OpenSSL works (that is Free Software that is
sadly GPL-incompatible.)

Thank you for your input in this complicated manner.  I hope I
have not wasted any of your time.

Yours sincerely,
Simon Law

c.c. debian-legal@lists.debian.org


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Re: Distributing GPL Software as binary ISO

2002-07-18 Thread Simon Law
On Thu, Jul 18, 2002 at 01:34:34PM -0500, Steve Langasek wrote:
 On Thu, Jul 18, 2002 at 08:04:03PM +0200, Martin Schulze wrote:
  I'm asking what A and B should do to bring themselves into
  compliance.  I don't want to sue or attack entities.  I would like to
  document the required behaviour somewhere, though, so entities know
  what their obligation is if they are repackaging and redistributing
  the Debian system.
 
 Once A or B has distributed GPLed binaries in this manner without the
 source, the offense is there, and they are vulnerable to a lawsuit
 because of the license violation.  C.f. the widely-publicized MySQL
 court case.  Assuming all parties are acting in good faith, which has
 tended to be the case in the Free Software community, it is probably
 sufficient if A and B take steps to ensure that all further distribution
 of binaries complies with the GPL.  If A or B knows how to reach some or
 all of those they distributed binaries to commercially, as an additional
 show of good faith they might send a copy of the sources to these
 recipients as the GPL originally required them to do.

Also remember that once someone has violated the GPL, they are
no longer licensed and do _not_ have the freedoms granted by the GPL.
Thus, many companies like to settle in a mutually acceptable agreement.

Simon


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Re: Motivations; proposed alternative license

2002-07-17 Thread Simon Law
On Tue, Jul 16, 2002 at 10:48:28PM -0500, Branden Robinson wrote:
 On Tue, Jul 16, 2002 at 09:23:14PM -0400, Boris Veytsman wrote:
  TeX people are from a different culture. TeX is not going to evolve.
  It is frozen. As Knuth said, These fonts are never going to change
  again (http://sunburn.stanford.edu/~knuth/cm.html). 
 
 If that philosophy is embodied in a copyright license, it violates
 clause 3 of the DFSG and is unsuitable for the Debian distribution.

TeX is not being distributed by Debian.  teTeX, a distribution
that includes a TeX-like component is.  Thankfully, the TeX license is
simple, and easily understood, unlike the LPPL-1.3 draft.  I would
recommend reading it yourself, Branden, just so that you don't get
thrown red herrings.

Simon


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Re: the basis below LaTeX, texinfo et al

2002-07-17 Thread Simon Law
On Wed, Jul 17, 2002 at 09:28:05AM +0200, Frank Mittelbach wrote:
 Simon Law writes:
  TeX is not being distributed by Debian.  teTeX, a distribution
 
 please, who is throwing red herrings here?

Apologies all around.  I obviously did a thinko, and forgot
that I saw This is TeX everytime I fired it up.

Simon


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Re: [PATCH] License exception for OpenSSL (was Re: Linking Nessus with OpenSSL)

2002-07-16 Thread Simon Law
Hi Renaud,

On Wed, Jun 26, 2002 at 01:08:42AM +0200, Renaud Deraison wrote:
 On Tue, Jun 25, 2002 at 07:04:32PM -0400, Simon Law wrote:
  Just touching base with you regarding the license conflict with
  OpenSSL.  Have you had a chance to talk to your lawyer?  I'm not
  pushing, but I'd like to remind you that there is still a legal problem
  with distributing copies of Nessus linked to OpenSSL.
 
 I did not find the time to see my lawyer yet.  I'll try to get the
 problem solved next week (and for some reason, I really need my lawyer's
 advice on this).

I hope you're doing well.  Were you able to find acceptable
terms that allow a GPL exception that allows us to link with the OpenSSL
library?  I know you thought the standard FSF exception had a legal
loophole that you were uncomfortable including.  I'd like to remind you
that Debian cannot distribute a version of Nessus 1.2.x with SSL support
because of the GPL violation that would entail.

To refresh your memory, we need your explicit permission to link
with OpenSSL.  As well, that exception clause must be removable so that
Nessus reverts to pure GPL, so that Nessus will remain Free.

Thanks for all your time and effort.  I certainly look forward
to the day that Debian can legally distribute Nessus with SSL support!

Simon


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Re: Linux Fonts

2002-07-09 Thread Simon Law
On Tue, Jul 09, 2002 at 01:19:57PM -0500, Branden Robinson wrote:
 On Tue, Jul 09, 2002 at 04:47:08PM +0200, Radovan Garabik wrote:
  so the GPL text itself is not DFSG compliant?
  Oops.
 
 Old news.  Read the archives of debian-legal for the past 9 months.
 
 That's right, every word of them.  Only then are you allowed to make
 snotty remarks about copyright, licenses, or license texts.  :-P

I started going back in the archives about three months ago.
All I know is that copyright, license and license texts got somehow
intertwined with fluffy towels and millionaires in Nigeria sometime back
there.

No wonder people blindly accept an EULA.  They probably think
they're getting 20% of a milionaire's fluffy velour towers.

Simon


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GPLed software and OpenSSL

2002-05-29 Thread Simon Law
Hi guys,

My work with Renaud and the Nessus team has led me to be more sensitive
to the OpenSSL situation.  (Unfortunately, we still don't have a
resolution yet.)

This is why my eyebrows raised when I looked at snort and found
that it had the same problem!  We distributed snort-mysql linked with
OpenSSL which we are not allowed to do!

I think it is indicative that there is a huge flaw in the
OpenSSL licensing; specifically, that thrice damned advertising clause.
I decided to take a look at what Reverse Depends on OpenSSL:

[EMAIL PROTECTED]:~/src/snort-1.8.6$ apt-cache showpkg libssl0.9.6 | grep
'^  ' | wc -l
165

These 165 packages include such GPLed software as: nessus,
snort, wget-ssl, proftpd, kdelibs3-crypto, postgresql, gnustep-ssl,
etc...  I'm very disturbed by this discovery, as we would be doing
something illegal by distributing these packages in the upcoming
release.  What should we do?

Simon


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Re: GPLed software and OpenSSL

2002-05-29 Thread Simon Law
On 29 May 2002, Jeff Licquia wrote:

 On Wed, 2002-05-29 at 08:11, Simon Law wrote:
  I decided to take a look at what Reverse Depends on OpenSSL:
  
  [EMAIL PROTECTED]:~/src/snort-1.8.6$ apt-cache showpkg libssl0.9.6 | grep
  '^  ' | wc -l
  165
  
  These 165 packages include such GPLed software as: nessus,
  snort, wget-ssl, proftpd, kdelibs3-crypto, postgresql, gnustep-ssl,
  etc...  I'm very disturbed by this discovery, as we would be doing
  something illegal by distributing these packages in the upcoming
  release.  What should we do?
 
 Out of curiosity, do you have non-us in your sources.list?  It would be
 interesting to find out how much of that software is really in main.

Yes, I do have non-us in my list.  Removing it narrow our group
down to 16, none of which seem to be in violation.

 One solution to the problem, assuming that most of the violations are
 in non-us, would be to not generate ISOs with non-us on them.  This is
 practical now that crypto-in-main is done.  At least in theory, then,
 OpenSSL (which is in main) would be normally distributed with Debian,
 and these components would not accompan[y] the executable.  I don't
 like it much, but it would at least have a veneer of respectability.

Well, if the stuff is available off Debian servers, then we are
basically distributing them.  As well, libssl0.9.6 isn't automatically
installed with the system.  It sort of seems like you're using a
quirk in the wording as opposed to real technical differences.

 As for GPLed stuff in main linked against OpenSSL: I don't know.  It
 really should be pulled.  OTOH, we're already nearly a month behind on
 releasing woody, and pulling some of that stuff would be a bit harsh.

It would be.  I wish that I had caught this stuff sooner.

 I'd also be careful, though, and check your licenses.  At least one that
 you mention (postgresql) is BSD.

You are correct.  It's license is XFree86-style, and not GPL.

Simon


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Re: GPLed software and OpenSSL

2002-05-29 Thread Simon Law
On 29 May 2002, Jeff Licquia wrote:

 On Wed, 2002-05-29 at 13:01, Edmund GRIMLEY EVANS wrote:
  Steve Langasek [EMAIL PROTECTED]:
   In the legal world, wording makes all the difference.  The GPL
   specifically talks about code that's distributed *with* the GPLed
   binary, not about code distributed *by the same people as* the GPLed
   binary, and we have no reason to believe that this distinction was
   unintentional.  Many vendors of proprietary Unices (e.g., Sun) seem to
   already be counting on the fact that it is not.
  
  This seems very dodgy. Firstly, you're claiming that main does not
  accompany non-us, which is very hard to justify as it's all on the
  same servers and non-us doesn't make much sense without main.
 
 The fact that non-us doesn't make sense without main isn't really
 relevant.  We're trying to fit into the GPL exception for system
 libraries; if we can fit, then the dependency on the OpenSSL system
 library isn't a problem.

libssl0.9.6 is a standard library in main, so I guess it could
very well be construed as a standard Debian Operating System library.
Could we get the FSF to clarify if this would allow us to link GPLed
software to this library under the OS linking provision?

If the FSF approves this, then we can take corrective action
with the software authors; as I'm sure most of them don't want their
users violating the GPL by accident.

Simon


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Re: GPLed software and OpenSSL

2002-05-29 Thread Simon Law
On 29 May 2002, Jeff Licquia wrote:

 In most cases, I think that rebuilding the package with --no-ssl or
 some such should do the trick.  For others, simply removing the
 offending package may also suffice.

This would seriously cripple most security software.  Which is
not something I'd like to see.

Simon


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Re: Bug#147430: hpoj: Linking against OpenSSL licensing modification (GPL)

2002-05-22 Thread Simon Law
On 22 May 2002, Jeff Licquia wrote:
 If you are looking for a sample license statement that has been
 considered to be good, you might want to look at the license that the
 authors of CUPS are planning to use.  A copy can currently be found at
 http://www.cups.org/new-license.html.  It has additional rights you
 probably aren't interested in; the main salient points are that it
 describes as exactly as possible what exceptions to the GPL are allowed,
 and it allows third parties to strip out the exceptions so the code can
 be linked to straight-GPLed code without such exceptions.
 
 Of course, it doesn't explain what the OpenSSL Toolkit is much better
 than the proposed text does, so you will probably want to modify that.

Please use the official GNU sanctioned statement.  It highlights
that you shouldn't modify the GPL, and it also provides good
boilerplate; so you don't have to make up your own.

http://www.gnu.org/licenses/gpl-faq.html#WritingFSWithNFLibs

Simon


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Linking Nessus with OpenSSL

2002-05-15 Thread Simon Law
Hi Renaund et al.,

First off, I want to thank everyone for a great job with Nessus
1.2.0.  It's much better compared to Nessus 1.0.10, which I was running
before.  You guys are fantastic.

As I was compiling Nessus 1.2.0, I noticed something of concern.
It seems like Nessus, a piece of GPL'ed software, links with the OpenSSL
libraries, a piece of BSD software that includes the advertising clause.
Unfortunately, we all know that those two licenses don't play well
together.

Now, I'm sure that this is completely accidental.  However, I
propose that you can remedy the situation by performing a slight
modification to the current license by which you are distributing
nessus-core, libnasl, and nessus-plugins.  You may put in a special
exemption to the GPL allowing Nessus to be linked to OpenSSL and
distributed freely.  As well, to keep Nessus free, you should also put
in a clause allowing anyone else to remove this exemption in their
derivative works.

Please see http://www.cups.org/new-license.html for an example
of how GPL'ed software can be linked with the OpenSSL toolkit.

Thanks for your time.

Simon




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