[DSFG] question: Custom hand written notice

2006-02-09 Thread Jari Aalto

I'm preparing a package and would like to hear if this licence
(author's voice) is DSFG free. I intend to add this to
debian/copyright:

License:

The snow source code and the algorithms contained within it are free
for non-commercial use. Licences for commercial single-customer
applications will usually be granted free of charge, but contact the
author for confirmation. 

Notes:

(*)As of 29 May 1999 the source code has changed from being public
domain to being free for non-commercial use. However, commercial users
are automatically granted a licence for any use of the snow code and
algorithms deployed before this date.

Also in what section would this software go: main, non-free?

Jari


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Re: [DSFG] question: Custom hand written notice

2006-02-09 Thread JC Helary

License:

The snow source code and the algorithms contained within it are  
free

for non-commercial use. Licences for commercial single-customer
applications will usually be granted free of charge, but  
contact the

author for confirmation.

Notes:

(*)As of 29 May 1999 the source code has changed from being public
domain to being free for non-commercial use. However,  
commercial users
are automatically granted a licence for any use of the snow  
code and

algorithms deployed before this date.


Is it possible to take something that had been put in the public  
domain (ie copyright-less) and put a copyright and a license on it  
controling its use ?


JC Helary


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Re: [DSFG] question: Custom hand written notice

2006-02-09 Thread Mahesh T. Pai
Jari Aalto said on Thu, Feb 09, 2006 at 11:04:32AM +0200,:

 > I'm preparing a package and would like to hear if this licence
 > (author's voice) is DSFG free. I intend to add this to
 > debian/copyright:
 > 
 > License:
 > 
 > The snow source code and the algorithms contained within it are free
 > for non-commercial use. Licences for commercial single-customer
 > applications will usually be granted free of charge, but contact the
 > author for confirmation. 

Imposing  restrictions on  users for  re-distribution does  not comply
with the DFSG.

What is `commercial use', BTW?  Does a LUG selling CDs containing this
application engage in a commercial activity?

Fails the ``desert  island test'' too. (What if  the distributor wants
to give  a copy of the  application on a commercial  basis to somebody
else on the island?)

 > 
 > Notes:
 > 
 > (*)As of 29 May 1999 the source code has changed from being public
 > domain   to  being  free   for  non-commercial   use.  However,
 > commercial users

I am  not sure  how this possible.  Once public domain,  always public
domain. No idea if the law in your jurisdiction is different.
 
 > are automatically granted a licence for any use of the snow code and
 > algorithms deployed before this date.
 > 
 > Also in what section would this software go: main, non-free?

 

-- 
Mahesh T. Pai   ||  http://paivakil.blogspot.com
Encryption:   A   powerful  algorithmic   encoding
technique employed  in the creation of
computer manuals.


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Re: [DSFG] question: Custom hand written notice

2006-02-09 Thread Steve Langasek
On Thu, Feb 09, 2006 at 11:04:32AM +0200, Jari Aalto wrote:

> I'm preparing a package and would like to hear if this licence
> (author's voice) is DSFG free. I intend to add this to
> debian/copyright:

> License:

> The snow source code and the algorithms contained within it are free
> for non-commercial use. Licences for commercial single-customer
> applications will usually be granted free of charge, but contact the
> author for confirmation. 

Certainly not; this is a clear use restriction.

> Notes:

> (*)As of 29 May 1999 the source code has changed from being public
> domain to being free for non-commercial use. However, commercial users
> are automatically granted a licence for any use of the snow code and
> algorithms deployed before this date.

> Also in what section would this software go: main, non-free?

This seems to be the same question as the one you asked above?  Perhaps you
meant to ask first whether it's ok for Debian to distribute it.  Anyway, I
don't see anything in this license that constitutes permission to
redistribute; given that the author apparently also doesn't know what
"public domain" means, I certainly wouldn't rely on perceived implicit
permission to redistribute the code when putting it into non-free.

-- 
Steve Langasek   Give me a lever long enough and a Free OS
Debian Developer   to set it on, and I can move the world.
[EMAIL PROTECTED]   http://www.debian.org/


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Re: [DSFG] question: Custom hand written notice

2006-02-09 Thread Glenn Maynard
On Thu, Feb 09, 2006 at 06:19:45PM +0900, JC Helary wrote:
> >License:
> >
> >The snow source code and the algorithms contained within it are  
> >free
> >for non-commercial use. Licences for commercial single-customer
> >applications will usually be granted free of charge, but  
> >contact the
> >author for confirmation.
> >
> >Notes:
> >
> >(*)As of 29 May 1999 the source code has changed from being public
> >domain to being free for non-commercial use. However,  
> >commercial users
> >are automatically granted a licence for any use of the snow  
> >code and
> >algorithms deployed before this date.
> 
> Is it possible to take something that had been put in the public  
> domain (ie copyright-less) and put a copyright and a license on it  
> controling its use ?

I don't think so.  However, after releasing the work into the public
domain, he can refrain from releasing further modifications.  So, if
you can find a copy of the program from before this date, or if you
can take code from today and remove any changes made after it, it's
in the public domain.  (The latter is, of course, very difficult.)

It sounds like he's saying: "if you deployed before this date, then
you can still use today's version commercially".  It sounds like an
attempt to be fair to people who had already deployed and were depending
on the software, so as not to "bait and switch".

Of course, a license that doesn't allow commercial use is non-free.
(Algorithms are not subject to copyright, though.)

IANAL.

-- 
Glenn Maynard


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Re: [DSFG] question: Custom hand written notice

2006-02-09 Thread Jari Aalto
Steve Langasek <[EMAIL PROTECTED]> writes:

> On Thu, Feb 09, 2006 at 11:04:32AM +0200, Jari Aalto wrote:
>
>> I'm preparing a package and would like to hear if this licence
>> (author's voice) is DSFG free. I intend to add this to
>> debian/copyright:
>
>> License:
>
>> The snow source code and the algorithms contained within it are free
>> for non-commercial use. Licences for commercial single-customer
>> applications will usually be granted free of charge, but contact the
>> author for confirmation. 
>
> Certainly not; this is a clear use restriction.
>
>> Notes:
>
>> (*)As of 29 May 1999 the source code has changed from being public
>> domain to being free for non-commercial use. However, commercial users
>> are automatically granted a licence for any use of the snow code and
>> algorithms deployed before this date.
>
>> Also in what section would this software go: main, non-free?
>
> This seems to be the same question as the one you asked above?  Perhaps you
> meant to ask first whether it's ok for Debian to distribute it.  

Yes, this was the intention of the second question.

> Anyway, I don't see anything in this license that constitutes
> permission to redistribute; given that the author apparently also
> doesn't know what "public domain" means, I certainly wouldn't rely
> on perceived implicit permission to redistribute the code when
> putting it into non-free.

So the correct procedure, in order to submit the package to Debian, is
to get the Author to agree with a licence that's in par with DSFG. I'll
see what I can do.

Btw, is DSFG close to OSI approved or are there list somewhere that
describes the difference?

Thanks,
Jari


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Re: [DSFG] question: Custom hand written notice

2006-02-09 Thread Mahesh T. Pai
Jari Aalto said on Thu, Feb 09, 2006 at 01:08:19PM +0200,:

 > Btw, is DSFG close to OSI approved or are there list somewhere that
 > describes the difference?

DFSG applies to software, `OSI-approved' relates to licenses.  A 
package under a OSI approved licence *may* not be DFSG free if, for 
example, it includes a procedure which implemnts an actively enforced 
patent; or depends on a non-free software (eg. for compliation). 
 
-- 
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--Thomas B. Macaulay


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Re: [DSFG] question: Custom hand written notice

2006-02-09 Thread Glenn Maynard
On Thu, Feb 09, 2006 at 05:12:31PM +0530, Mahesh T. Pai wrote:
> Jari Aalto said on Thu, Feb 09, 2006 at 01:08:19PM +0200,:
> 
>  > Btw, is DSFG close to OSI approved or are there list somewhere that
>  > describes the difference?
> 
> DFSG applies to software, `OSI-approved' relates to licenses.  A 
> package under a OSI approved licence *may* not be DFSG free if, for 
> example, it includes a procedure which implemnts an actively enforced 
> patent; or depends on a non-free software (eg. for compliation). 

Er.  DFSG applies to the restrictions in effect on a piece of software.
Most of the time, that means the same thing: the license.  In practice,
there are many licenses that are OSI-approved but are not DFSG-free,
because the OSD and the DFSG are interpreted by widely different groups
of people, with different goals and principles.

(The interpretation isn't even close.  As I understand it, OSI uses the
OSD as a literal set of rules--a "definition", which is in stark contrast
to Debian's use of the DFSG as a set of guidelines.)

-- 
Glenn Maynard


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Re: [DSFG] question: Custom hand written notice

2006-02-09 Thread Steve Langasek
On Thu, Feb 09, 2006 at 01:08:19PM +0200, Jari Aalto wrote:
> >> Notes:

> >> (*)As of 29 May 1999 the source code has changed from being public
> >> domain to being free for non-commercial use. However, commercial users
> >> are automatically granted a licence for any use of the snow code and
> >> algorithms deployed before this date.

> >> Also in what section would this software go: main, non-free?

> > This seems to be the same question as the one you asked above?  Perhaps you
> > meant to ask first whether it's ok for Debian to distribute it.  

> Yes, this was the intention of the second question.

> > Anyway, I don't see anything in this license that constitutes
> > permission to redistribute; given that the author apparently also
> > doesn't know what "public domain" means, I certainly wouldn't rely
> > on perceived implicit permission to redistribute the code when
> > putting it into non-free.

> So the correct procedure, in order to submit the package to Debian, is
> to get the Author to agree with a licence that's in par with DSFG. I'll
> see what I can do.

If you want it to be in main, it needs to be available under terms that meet
the DFSG.  If you just want it to be distributed from Debian ftp servers, a
license that permits redistribution is sufficient; there's plenty of other
"non-commercial use only" software that we distribute in non-free.

> Btw, is DSFG close to OSI approved or are there list somewhere that
> describes the difference?

The Open Source Definition is based on the DFSG, but is applied very
differently by the OSI.  If you're going to recommend a license to an
upstream in order to achieve DFSG compliance, it's usually easiest to go
with either the GPL or X11/MIT depending on the goals of your upstream --
but given that your upstream has recently *withdrawn* various permissions
that are required for Debian main, I don't know how much luck you'll have in
getting them to again agree to a more permissive license. :)

Cheers,
-- 
Steve Langasek   Give me a lever long enough and a Free OS
Debian Developer   to set it on, and I can move the world.
[EMAIL PROTECTED]   http://www.debian.org/


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