Re: Alternatives to the Affero General Public License

2005-06-28 Thread Nathanael Nerode
[EMAIL PROTECTED] wrote:
 Because the AGPL has some implementation issues that make it possibly
 incompatible with the DFSG, I've been trying to find an alternative that
 would still protect source-code redistribution on line. 

First, do no harm.

Any such license must, at a minimum, guarantee that any activity which is not 
restricted by copyright law, is not restricted by the license.  The AGPL 
fails that pretty conclusively by defining distribution more broadly than 
copyright law.

 If your work based on the Program is designed to interact with users
 through a computer network, your work based on the Program must
 prominently provide to all users who interact with it through a computer
 network the opportunity to receive the complete source code for your
 work based on the Program via that same network and the same protocol
Well, at least you've avoided that problem by only restricting modified 
versions.  However, this type of restriction on modification may fail the 
DFSG (like GPL 2c, which is normally avoided because most programs *don't* 
emit that sort of message).

It would, in any case, require that (for example) an ssh daemon based on a 
work under this license provide source code to anyone using ssh to connect.  
Or perhaps to anyone *trying* to connect, whether or not they succeed.  Is 
this really desirable?

It also specifies networks. Specifying implementation details in a license 
is always a bad idea.

A better version -- though it might still not be free, it's as close as I can 
think of to the AGPL condition while having an outside chance of being 
DFSG-free -- would work something like this:
* If you run the program in a manner such that it is intended to be used by 
the general public, and you do so in a manner which requires a copyright 
license from the program's copyright holder, then you must provide the 
opportunity to receive the source code for the program to any such user.

This attaches conditions only to the undesired activity -- not to 
modification, which can be done for many purposes -- and specifically avoids 
contaminating any activities which don't require a copyright license.

Note incidentally that to make a GPL-like license with more restrictions 
than the GPL, you must chop the preamble and use the FSF's permission to make 
a derived license.


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Re: Alternatives to the Affero General Public License

2005-06-23 Thread Mark Rafn

On Wed, 22 Jun 2005, Gregor Richards wrote:
I doubt that it is compliant with the Dissident Problem by your opinions ( 
plural your), but I think that it's well within line of all of the other 
requirements,


I contend that the dissident problem is not the only sticking point; 
fundamentally you are trying to impose use restrictions, not just 
distribution restrictions.


As long as it's acknowledged to be non-free, we can probably stop using 
d-l as the forum for it.  This will be my last post to the list on the 
topic for now.  I'll reply privately of course.

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Re: Alternatives to the Affero General Public License

2005-06-22 Thread Jacobo Tarrio
O Martes, 21 de Xuño de 2005 ás 20:07:36 -0700, Gregor Richards escribía:

 In response section 6:
 (So that I can reference, the full section:)
 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.
   It seems to me that the license from the original licensor would
   include this new term/condition, as that is how (s)he licensed it. 

 If you look closely, it says subject to these terms and conditions and
the rights granted herein, not subject to the same terms and conditions
under which you received the Program nor the rights granted to you.

   I of course can't make an entirely new license based on the GNU GPL
   without FSF's permission, so is there any way that a term could be added
   at all?

 You can, if you remove the preamble.

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

 In response to the dissident problem:
 I don't see how this hinders said dissident at all.  If said dissident
 has to send the entire source, (s)he as already made it available
 through some computer network.

 Made *what* available? An interface to the program, not the program itself,
like in the GPL.

  If said dissident made it available on a public computer network, they
 have already incriminated themselves

 Not necessarily. For example, in a CMS for dissidents, the source code
might include workflow code that reflects the structure of the dissident
organization (for example, the text is written then sent for approval to the
local coordinator, then to the regional coordinator, then it is published
and a copy is sent to the pamphlet printers). The source code now contains
information which is not present in the user interface but is incriminating.

-- 
   Jacobo Tarrío | http://jacobo.tarrio.org/


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Re: Alternatives to the Affero General Public License

2005-06-22 Thread Gregor Richards
Jacobo Tarrio wrote:

O Martes, 21 de Xuño de 2005 ás 20:07:36 -0700, Gregor Richards escribía:

In response section 6:
(So that I can reference, the full section:)
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.
  It seems to me that the license from the original licensor would
  include this new term/condition, as that is how (s)he licensed it. 


 If you look closely, it says subject to these terms and conditions and
the rights granted herein, not subject to the same terms and conditions
under which you received the Program nor the rights granted to you.

  I of course can't make an entirely new license based on the GNU GPL
  without FSF's permission, so is there any way that a term could be added
  at all?


 You can, if you remove the preamble.

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

In response to the dissident problem:
I don't see how this hinders said dissident at all.  If said dissident
has to send the entire source, (s)he as already made it available
through some computer network.


 Made *what* available? An interface to the program, not the program itself,
like in the GPL.

 If said dissident made it available on a public computer network, they
have already incriminated themselves


 Not necessarily. For example, in a CMS for dissidents, the source code
might include workflow code that reflects the structure of the dissident
organization (for example, the text is written then sent for approval to the
local coordinator, then to the regional coordinator, then it is published
and a copy is sent to the pamphlet printers). The source code now contains
information which is not present in the user interface but is incriminating.

In response to You can, if you remove the preamble
Yes, I realized that just a bit too late, but have now made a hybrid
license.  The FAQ doesn't make it clear whether you should maintain the
FSF Copyright ... on the one hand, the FAQ seems pretty insistant that
you remove all reference to GNU or FSF, but on the other hand, it's
certainly still copyrighted by the FSF.  :(

In response to An interface to the program, not the program itself
Am I the only person who fails to see this as a significant difference? 
I don't think the freedoms of Free Software should be limited to people
who actually have copies of the software, but to all users of the
software.

In response to the dissident problem:
I see putting it on a public network as equivilant to uploading a binary
of a GPL'd program to www.illegal-dissident-files.com .  If they do that
as a handy means of distribution, they have to provide the sources.  So
what do they do?  They don't put it on a public server.  This is not
discrimination against these dissidents, because they are not required
to put it on a public server.  Well, my proposed modified license also
does not require that they put it on a public server.  Even if they do
put it on a public server, they can put it behind a .htpasswd file. 
Users who are blocked by the .htpasswd file never interact with the
program, and hence the code does not need to be sent.
Realistically, to most users, and even to most programmers most of the
time, a binary is just a black hole that produces output.  Source is
what makes it less than just a black hole.  I don't see why the right to
read the code behind this black hole of functionality should be limited
only to binaries physically on a system, and not to programs running
over a network.
And I think there's too much weight being placed on the distinction
between having a binary on one's system and running it through other
means.
Just my opinion though *shrugs*

 - Gregor Richards
-- 
  Gregor Richards
  [EMAIL PROTECTED]

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Re: Alternatives to the Affero General Public License

2005-06-22 Thread Gregor Richards

On Tue, 21 Jun 2005 23:57:39 -0700, Gregor Richards
[EMAIL PROTECTED] said:
 Jacobo Tarrio wrote:
 
 O Martes, 21 de Xuño de 2005 ás 20:07:36 -0700, Gregor Richards escribía:
 
 In response section 6:
 (So that I can reference, the full section:)
 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.
   It seems to me that the license from the original licensor would
   include this new term/condition, as that is how (s)he licensed it. 
 
 
  If you look closely, it says subject to these terms and conditions and
 the rights granted herein, not subject to the same terms and conditions
 under which you received the Program nor the rights granted to you.
 
   I of course can't make an entirely new license based on the GNU GPL
   without FSF's permission, so is there any way that a term could be added
   at all?
 
 
  You can, if you remove the preamble.
 
  http://www.gnu.org/licenses/gpl-faq.html#ModifyGPL
 
 In response to the dissident problem:
 I don't see how this hinders said dissident at all.  If said dissident
 has to send the entire source, (s)he as already made it available
 through some computer network.
 
 
  Made *what* available? An interface to the program, not the program itself,
 like in the GPL.
 
  If said dissident made it available on a public computer network, they
 have already incriminated themselves
 
 
  Not necessarily. For example, in a CMS for dissidents, the source code
 might include workflow code that reflects the structure of the dissident
 organization (for example, the text is written then sent for approval to the
 local coordinator, then to the regional coordinator, then it is published
 and a copy is sent to the pamphlet printers). The source code now contains
 information which is not present in the user interface but is incriminating.
 
 In response to You can, if you remove the preamble
 Yes, I realized that just a bit too late, but have now made a hybrid
 license.  The FAQ doesn't make it clear whether you should maintain the
 FSF Copyright ... on the one hand, the FAQ seems pretty insistant that
 you remove all reference to GNU or FSF, but on the other hand, it's
 certainly still copyrighted by the FSF.  :(
 
 In response to An interface to the program, not the program itself
 Am I the only person who fails to see this as a significant difference? 
 I don't think the freedoms of Free Software should be limited to people
 who actually have copies of the software, but to all users of the
 software.
 
 In response to the dissident problem:
 I see putting it on a public network as equivilant to uploading a binary
 of a GPL'd program to www.illegal-dissident-files.com .  If they do that
 as a handy means of distribution, they have to provide the sources.  So
 what do they do?  They don't put it on a public server.  This is not
 discrimination against these dissidents, because they are not required
 to put it on a public server.  Well, my proposed modified license also
 does not require that they put it on a public server.  Even if they do
 put it on a public server, they can put it behind a .htpasswd file. 
 Users who are blocked by the .htpasswd file never interact with the
 program, and hence the code does not need to be sent.
 Realistically, to most users, and even to most programmers most of the
 time, a binary is just a black hole that produces output.  Source is
 what makes it less than just a black hole.  I don't see why the right to
 read the code behind this black hole of functionality should be limited
 only to binaries physically on a system, and not to programs running
 over a network.
 And I think there's too much weight being placed on the distinction
 between having a binary on one's system and running it through other
 means.
 Just my opinion though *shrugs*
 
  - Gregor Richards
 -- 
   Gregor Richards
   [EMAIL PROTECTED]
 
 -- 
 http://www.fastmail.fm - A fast, anti-spam email service.
 

Err, sorry, let me briefly correct myself here...
 I see putting it on a public network as equivilant to uploading a binary
 of a GPL'd program to www.illegal-dissident-files.com .  If they do that
 as a handy means of distribution, they have to provide the sources.
They have to provide the sources ... or a written offer for them, to
anyone who actually downloads the binary, etc, etc.  But the basic point
is still valid.
-- 
  Gregor Richards
  [EMAIL PROTECTED]

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Re: Alternatives to the Affero General Public License

2005-06-22 Thread Humberto Massa Guimarães
Hi Gregor. Let's see if I can understand your motivations, and help
you.

** Gregor Richards ::

  In response to An interface to the program, not the program
  itself Am I the only person who fails to see this as a
  significant difference?  I don't think the freedoms of Free
  Software should be limited to people who actually have copies of
  the software, but to all users of the software.

You have to have in mind that when you copyleft something, you are
not only (potentially at least) augmenting the commons freedom, but
you are also diminishing the individual freedom of your licensees.

What do I mean? Well, if you license your software under the
MIT/BSD, you have given maximum freedom to your licensee, at the
potential cost to the commons freedom, because your licensee can
improve your software and make a proprietary version. If you license
your software under the GPL, you potentially augment the commons
freedom (because if someone improves your software, the improved
version will necessarily stay free -- or not be distributed at all)
at the cost of removing some freedom from your direct and indirect
licensees. What the DFSG does, IMHO, is to strike a balance between
minimum and maximum commons and licensees' freedoms.

What has not being pacified yet, even here in d-l, is exactly if
access to the interface of a program is equivalent -- in terms of
the balance between commons and licensees' freedoms --  to the
access to the program itself. And *that* is the opinion you seemed
to express with am I the only person who fails to see this as a
significant difference?.

I, for one, see a very significant difference between having access
to the program itself and to its interface... Including, but not
restricted to, a hypotetical dissident organization for which access
to the program (even in binary form) can reveal details of the
organization to the Evil Government that simple, plain access to its
interface (even in a publicly accessed server) can hide those
issues.

Your argument seems to be that there is no additional onus in giving
to someone access to some program when you are giving this same
person access to the interface of said program. I disagree, altough
not strongly.

  it less than just a black hole.  I don't see why the right to
  read the code behind this black hole of functionality should be
  limited only to binaries physically on a system, and not to
  programs running over a network.  And I think there's too much
  weight being placed on the distinction between having a binary
  on one's system and running it through other means.  Just my
  opinion though *shrugs*

This is an interesting point-of-view. In fact, I see why many
consider the public performance thing a loophole in the GPL.

I regard, IMHO, the GPL as being (de facto, not by a guideline) the
borderline commons versus licensees case of a Free Software
license.  Explaining: not many more-restrictive-than the GPL
licenses are considered DFSG-free; even the GPL, if the licensor
chooses to use its clause #8 (geographic distribution limitation),
for instance, can be considered non-DFSG-free; and finally, many of
the onerous-to-the-licensee exceptions in the GPL are, by design,
reflected in the DFSG.

This fact adds a difficulty when you try to give the commons an
additional potential freedom, by onerating the licensee when he is
not distributing, but only publically performing the work -- and you
still want to consider your work DFSG-free.

To clarify a little bit more on the public performance thing: if I
GPL a song and establish that its partiture is the source code, if
you record this song and send your .mp3 around, you must make the
partiture available. If I license the same song by your new license,
if you want to go to the nearest square and play it aloud in the
guitar, you must make the partiture available also.  That is the
difference between distribution and public performance, and that is
why I think there is an unacceptable additional onus to the licensee
in the latter case.

--
HTH,
Massa


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Re: Alternatives to the Affero General Public License

2005-06-22 Thread Gregor Richards
On Tue, 21 Jun 2005 19:05:00 -0700, Gregor Richards
[EMAIL PROTECTED] said:
 Because the AGPL has some implementation issues that make it possibly
 incompatible with the DFSG, I've been trying to find an alternative that
 would still protect source-code redistribution on line.  Basically, I'm
 trying to write a special exception to the GNU GPL that would add this
 without some of the practical problems, and possibly with DFSG and OSI
 compliance.  I'm not entirely clear on to what extent point 4 (Integrity
 of The Author's Source Code) applies.  Clearly, the AGPL creates an
 invariant section like the GFDL, which doesn't work.  My proposed
 change works more like clause 2(c) of the GNU GPL.  There's no exact
 code that needs to be kept, but a certain functionality does.  I don't
 think this contradicts anything in the DFSG, but I'm no expert, and
 would like your opinions.
 
 
 


I think I need to post my updated version, since it's had some minor
changes, plus an added section on temporary outages that I felt was
necessary (though it may just open up a new can of worms).
This would be an added clause 2(d) to the GNU GPL (forming a modified
license which is not, obviously, the GNU GPL)


If your work based on the Program is designed to interact with users
through a computer network, your work based on the Program must
prominently provide to all users who interact with it through a computer
network the opportunity to receive the complete source code for your
work based on the Program via that same network and the same protocol.
At your preference, or if that protocol lacks the means to send the
complete source code to the user, your work based on the Program may
instead use the HTTP protocol for this purpose. (Exception: if the
Program itself is designed to interact with users through a computer
network but does not normally provide this functionality, your work
based on the Program is not required to provide this functionality.)

* Your work based on the Program does not need to functionally
reproduce its own source code to fulfill this requirement. It may
instead send a prefabricated archive of the source code, if you
ensure that the program in the prefabricated archive is the same as
the program that will be interacted with through a computer network.
* You may optionally exclude in this transmission or archive any
files which serve only the purpose of configuring the Program, and
contain no program logic, so long as their complete function is
documented in the other files.
* You are not in violation of this license if a temporary (lasting
less than 24 hours), unpredictable (does not happen on a regular
basis or unusually often) situation beyond your control causes users
who interact with your copy of the Program or your copy of a work
based on the Program through a computer network to be unable to
receive the complete source code. If the situation lasts for more
than 24 hours, you must either disable interaction with the Program
through the affected computer network or by some means restore
source code transmission as described above.
-- 
  Gregor Richards
  [EMAIL PROTECTED]

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Re: Alternatives to the Affero General Public License

2005-06-22 Thread Mark Rafn

Before going too far down this road, see
   http://lists.debian.org/debian-legal/2003/03/msg00805.html
for some fundamental questions about where to draw the line on this 
requirement.  Unless you're willing to say all changes must be published, 
even if never released, it's gonna be tough to find a free way to require 
that any publication in the absence of distribution can be required.


On Tue, 21 Jun 2005, Gregor Richards wrote:


Because the AGPL has some implementation issues that make it possibly
incompatible with the DFSG


Just to be clear: I don't think that the AGPL's incompatibility with the 
freedom level guaranteed by the DFSG is an implementation issue.  It 
intenionally restricts my rights as a recipient/user/modifier more than 
something which claims to be free should do.  It's not an accident or 
problem with the wording, it's the pure reason the author didn't use the 
GPL in the first place.



I've been trying to find an alternative that
would still protect source-code redistribution on line.


I'm pretty sure you mean something other than protect source-code 
redistribution.  force redistribution of modified source is closer.



trying to write a special exception to the GNU GPL that would add this
without some of the practical problems,


I'm afraid your task is impossible, as the problems are not practical. 
They're due to the direct contradiction of what free software means.



If your work based on the Program is designed to interact with users
through a computer network


designed to is an interesting question.  What if it's not designed that 
way, but I make it do so via hackery or whatnot?


Also, users may give you trouble.  I write a lot of software that 
doesn't interact with users, but does interact with client programs that 
interact with hardware that interacts with users.


Am I a user of software in my ISP's routers?  Am I a user of their 
accounting system?  How about if it emails me statements?



your work based on the Program must
prominently provide to all users who interact with it through a computer
network the opportunity to receive the complete source code for your
work based on the Program via that same network and the same protocol.


Unworkable, but you give an out in the next section, so this clause will 
never be used.



At your preference, or if that protocol lacks the means to send the
complete source code to the user, your work based on the Program may
instead use the HTTP protocol for this purpose.


Still unworkable.  I want to use the code for some embedded use (say a 
bluetooth server in a mobile phone).  There's no room to implement an HTTP 
server in addition.  There's also no reason.


Even if there were, fine: I use HTTP to make the source available, but my 
firewall doesn't let that through.  The very fundamental problem you're 
facing is that you want to put a behavior restriction on the licensee (you 
must make source available in a reasonable way), but it cannot be done 
except as serious restrictions on the use of the software.



(Exception: if the
Program itself is designed to interact with users through a computer
network but does not normally provide this functionality, your work
based on the Program is not required to provide this functionality.)


Can I modify the program so that my version is not designed to interact 
with users through a computer network?  Can someone else then use the 
above exception to modify my version under the pure GPL?

--
Mark Rafn[EMAIL PROTECTED]http://www.dagon.net/


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Re: Alternatives to the Affero General Public License

2005-06-22 Thread Mark Rafn
I've trimmed a bunch of stuff, trying to leave only the real sticking 
points.  Basically, I believe the task requires restriction of use, not 
just distribution, and Debian should never accept it, so you may just want 
to ignore me if you think use restrictions are allowed.


Some things your license should clarify if you think this is necessary:

  1) What is a user?  Your response to the Joe's Typesetting mail is 
different from what many would assume you meant, and who knows what a 
court would decide you meant?


  2) What restrictions you place on recipients, as opposed to modifiers of 
code.  Say I modify and distribute code in accordance with your 
requirements, and I sell it to someone who runs it in a datacenter such 
that only the functional aspects are avaialble, and my mini-http server is 
blocked?  I've followed the license, but don't run a service.  They've 
followed the license (they haven't changed the software, so haven't 
broken any rules about what it must do), but don't make source available.


  3) Spend far more time on use cases and when source distribution is or 
is not required, rather than trying to come up with technical measures 
that are incomplete and probably obsolescent.


A few more line-by-line questions are below, but they're more comments 
than questions, and perhaps not productive to pursue further.


On Wed, 22 Jun 2005, Gregor Richards wrote:


The term Free Software is open to interpretation, the DFSG is not the
be-all-end-all of what is and isn't Free.


True.  This is why I use and support Debian - it's the closest thing I can 
find to my personal definition of freedom.


After all, according to www.gnu.org , the Affero General Public License 
is Free Software, and I should think that history would give them 
precedence in making such a decision.


Well, no.  debian-legal is the place that Debian discusses their 
definition.  Nobody has precedence in defining our terms.


If FSF acceptance is your goal, can you not just use the Affero license?


In response to Unworkable, but you give an out in the next section, so
this clause will never be used.
How is this unworkable?  Certainly many, even most, protocols this would
apply to have this support.


I mean that it's a requirement that is obviously non-free as there are 
many applications for which it would be impossible.  It cannot be a 
requirement of free software.  In your example, it's not required, so it's 
not worth spending much time on.



In response to Still unworkable.  I want to use the code for some
embedded use ...
How is this unworkable?  To support the HTTP protocol to the degree of
sending source code does not require a full HTTP sever per se.  Hell,
you could just receive input and ignore it until a blank line, then send
Content-type: application/octet-stream
other headers

data


So if my code has such a thing, but no TCP/IP support so no way to 
actually connect to it, this is allowed?  Oh, and do bugs in my http 
implementation violate the license?



In response to Can someone else then use the above exception to modify
my version under the pure GPL?
Of course not.  Nobody ever said that it defaulted to the GNU GPL if
your modified version was non-networked.  This clause is still part of
the license, it just doesn't apply to you.  When you redistribute it to
the next person, if they make it web-based, they will have to make the
source available again.


Then I'm confused what the provision
  (Exception: if the Program itself is designed to interact with users
  through a computer network but does not normally provide this
  functionality, your work based on the Program is not required to provide
  this functionality.)
means.
--
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Re: Alternatives to the Affero General Public License

2005-06-22 Thread Humberto Massa Guimarães
** Mark Rafn ::

 On Wed, 22 Jun 2005, Gregor Richards wrote:
 
  The term Free Software is open to interpretation, the DFSG is
  not the be-all-end-all of what is and isn't Free.
 
 True.  This is why I use and support Debian - it's the closest
 thing I can find to my personal definition of freedom.
 

AOLMe too/AOL. And the process of discovering what is and what
is not DFSG-free is another thing that attracts me to Debian.

  After all, according to www.gnu.org , the Affero General Public
  License is Free Software, and I should think that history
  would give them precedence in making such a decision.
 
 Well, no.  debian-legal is the place that Debian discusses their
 definition.  Nobody has precedence in defining our terms.
 

Actually, the ftp-masters and other constituted Debian authorities
have precedence, and debian-legal is only their consulting body. But
the process and the discussions on d-l are a beautifully democratic
part of this process, and it's so good that actually the ftpmasters
often (always?) follow the d-l consensus.

 If FSF acceptance is your goal, can you not just use the Affero
 license?
 
  In response to Unworkable, but you give an out in the next
  section, so this clause will never be used. How is this
  unworkable?  Certainly many, even most, protocols this would
  apply to have this support.
 
 I mean that it's a requirement that is obviously non-free as there
 are many applications for which it would be impossible.  It cannot
 be a requirement of free software.  In your example, it's not
 required, so it's not worth spending much time on.
 

It would constitute unacceptable restrictions on the production of
derivative works, possibly combined with discrimination agains
fields of endeavour.

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Massa


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Re: Alternatives to the Affero General Public License

2005-06-22 Thread Jeff Licquia
On Wed, 2005-06-22 at 10:19 -0700, Gregor Richards wrote:
 In response to Still unworkable.  I want to use the code for some
 embedded use ...
 How is this unworkable?  To support the HTTP protocol to the degree of
 sending source code does not require a full HTTP sever per se.  Hell,
 you could just receive input and ignore it until a blank line, then send
 Content-type: application/octet-stream
 other headers
 
 data
 
 and make a suitable HTTP server in about 25 lines of code.  Any device
 with networking capability could support such a simplNobody said it
 needed to support sending any other files, etc.

I submit that there are embedded environments that will, despite your
helpful 25 line (assembly?  C?  Java?) HTTP server, not have the
capacity to include it.

But let's say that your 25-line HTTP server, with a few tweaks, can be
made to fit in absolutely every net-connected embedded device in
existence.  Now where do you put the source archive the HTTP server is
supposed to serve?

You could, I suppose, mandate to the poor developer that he has to add
sufficient flash memory to the device to hold the source.  But now we're
talking about using the law to mandate design decisions against the
developer's wishes.  I don't know what definition of free gives you the
right to tell developers how much memory their devices must, by law,
have; none of them I have heard does so.


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Re: Alternatives to the Affero General Public License

2005-06-22 Thread Gregor Richards
On Wed, 22 Jun 2005 16:04:27 -0500, Jeff Licquia [EMAIL PROTECTED]
said:
 On Wed, 2005-06-22 at 10:19 -0700, Gregor Richards wrote:
  In response to Still unworkable.  I want to use the code for some
  embedded use ...
  How is this unworkable?  To support the HTTP protocol to the degree of
  sending source code does not require a full HTTP sever per se.  Hell,
  you could just receive input and ignore it until a blank line, then send
  Content-type: application/octet-stream
  other headers
  
  data
  
  and make a suitable HTTP server in about 25 lines of code.  Any device
  with networking capability could support such a simplNobody said it
  needed to support sending any other files, etc.
 
 I submit that there are embedded environments that will, despite your
 helpful 25 line (assembly?  C?  Java?) HTTP server, not have the
 capacity to include it.
 
 But let's say that your 25-line HTTP server, with a few tweaks, can be
 made to fit in absolutely every net-connected embedded device in
 existence.  Now where do you put the source archive the HTTP server is
 supposed to serve?
 
 You could, I suppose, mandate to the poor developer that he has to add
 sufficient flash memory to the device to hold the source.  But now we're
 talking about using the law to mandate design decisions against the
 developer's wishes.  I don't know what definition of free gives you the
 right to tell developers how much memory their devices must, by law,
 have; none of them I have heard does so.
 
 
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So let me ask this (I also put this somewhere else, but it's lost to the
thread now ;) )
If the alternatives provided by clause 3 of the GNU GPL were also
options, would that be an improvement?  That is, if, instead of
providing source within the page itself, an offer to provide source was
given, would that work?
I suppose the issue here is that you certainly couldn't give a physical,
printed, written offer to every one who used a web server, but then, it
may be reasonable to put source is available on request to ... in the
output.
There's another problem posed by that, though ... if somebody modified
the version, and forgot to change that line ... disaster.

 - Gregor Richards
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Re: Alternatives to the Affero General Public License

2005-06-22 Thread Gregor Richards

Mark Rafn wrote:

I'd like to encourage you to think less along the lines it's 
currently a web server, so the license should cater to that case and 
more like people should be able to make things out of this that I 
haven't thought of, using methodologies yet undreamt. This can't 
happen if you're prescribing things like network protocols, output 
text, or specific behaviors.


If I can't turn it into a random-number service that runs on my phone 
over some crazy bluetooth RPC mechanism, it ain't free.



I've been considering this, and have written a completely different 
clause, with no mention of computer networks, HTTP, or anything such. It 
might, however, be more difficult to enforce. I tried to write it in 
such a way that giving somebody SSH access to your computer does not 
necessitate providing source for all of your programs under this license 
... that was the hardest part, and makes it read a bit kludgely.
I doubt that it is compliant with the Dissident Problem by your opinions 
( plural your), but I think that it's well within line of all of the 
other requirements, and as an added bonus isn't tied to any particular 
technology.

This would not be 2(d), but a new clause between 3 and 4.


If you provide to a person or persons a means of accessing an 
interactive interface to the Program which does not include access to 
the source code, object code or executable, you must also provide to 
that person or those persons (henceforth called Indirect Users) access 
to the complete source code of the Program in one of the following ways:
a) Cause the Program to provide its source code in said interactive 
interface upon the request of an Indirect User; or,
b) Make a means of immediate retrieval of the Program's source code 
easily visible to all Indirect Users; or,
c) Provide a written offer, easily visible to all Indirect Users and 
valid for at least three years, to give to any third party, for a charge 
no more than your cost of physically performing source distribution, a 
complete machine-readable copy of the corresponding source code, to be 
distributed under the terms of Sections 1 and 2 above on a medium 
customarily used for software interchange.


Thoughts?

- Gregor Richards

PS: While it would be great for me if I could find some way to get a 
license with some provision like this considered DFSG free (nothing is 
impossible! ;) ), I would also like your opinions on whether you think 
that this would cause any undue harm besides non-DFSG-compliance 
(unnecessary trouble for innocent users, etc)



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Re: Alternatives to the Affero General Public License

2005-06-22 Thread Gregor Richards

On Wed, 22 Jun 2005 20:36:50 -0700, Gregor Richards [EMAIL PROTECTED]
said:
 Mark Rafn wrote:
 
  I'd like to encourage you to think less along the lines it's 
  currently a web server, so the license should cater to that case and 
  more like people should be able to make things out of this that I 
  haven't thought of, using methodologies yet undreamt. This can't 
  happen if you're prescribing things like network protocols, output 
  text, or specific behaviors.
 
  If I can't turn it into a random-number service that runs on my phone 
  over some crazy bluetooth RPC mechanism, it ain't free.
 
 
 I've been considering this, and have written a completely different 
 clause, with no mention of computer networks, HTTP, or anything such. It 
 might, however, be more difficult to enforce. I tried to write it in 
 such a way that giving somebody SSH access to your computer does not 
 necessitate providing source for all of your programs under this license 
 ... that was the hardest part, and makes it read a bit kludgely.
 I doubt that it is compliant with the Dissident Problem by your opinions 
 ( plural your), but I think that it's well within line of all of the 
 other requirements, and as an added bonus isn't tied to any particular 
 technology.
 This would not be 2(d), but a new clause between 3 and 4.
 
 
 If you provide to a person or persons a means of accessing an 
 interactive interface to the Program which does not include access to 
 the source code, object code or executable, you must also provide to 
 that person or those persons (henceforth called Indirect Users) access 
 to the complete source code of the Program in one of the following ways:
 a) Cause the Program to provide its source code in said interactive 
 interface upon the request of an Indirect User; or,
 b) Make a means of immediate retrieval of the Program's source code 
 easily visible to all Indirect Users; or,
 c) Provide a written offer, easily visible to all Indirect Users and 
 valid for at least three years, to give to any third party, for a charge 
 no more than your cost of physically performing source distribution, a 
 complete machine-readable copy of the corresponding source code, to be 
 distributed under the terms of Sections 1 and 2 above on a medium 
 customarily used for software interchange.
 
 Thoughts?
 
 - Gregor Richards
 
 PS: While it would be great for me if I could find some way to get a 
 license with some provision like this considered DFSG free (nothing is 
 impossible! ;) ), I would also like your opinions on whether you think 
 that this would cause any undue harm besides non-DFSG-compliance 
 (unnecessary trouble for innocent users, etc)
 
 
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Damn ... I just posted the email address that I was hoping not to get
posted on line.  That sender is me, I'm that sender, and damn it, there
is now going to be a link to my email address for all spam bots to read
_

/me slaps himself in the head.

 - Gregor Richards
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Alternatives to the Affero General Public License

2005-06-21 Thread Gregor Richards
Because the AGPL has some implementation issues that make it possibly
incompatible with the DFSG, I've been trying to find an alternative that
would still protect source-code redistribution on line.  Basically, I'm
trying to write a special exception to the GNU GPL that would add this
without some of the practical problems, and possibly with DFSG and OSI
compliance.  I'm not entirely clear on to what extent point 4 (Integrity
of The Author's Source Code) applies.  Clearly, the AGPL creates an
invariant section like the GFDL, which doesn't work.  My proposed
change works more like clause 2(c) of the GNU GPL.  There's no exact
code that needs to be kept, but a certain functionality does.  I don't
think this contradicts anything in the DFSG, but I'm no expert, and
would like your opinions.



Here's my proposition so far:


As an exception to the GNU General Public License, any user who wishes
to distribute modified copies of program (the Program) is also
required to abide by this additional rule:

If your work based on the Program is designed to interact with users
through a computer network, your work based on the Program must
prominently provide to all users who interact with it through a computer
network the opportunity to receive the complete source code for your
work based on the Program via that same network and the same protocol.
At your preference, or if that protocol lacks the means to send the
complete source code to the user, your work based on the Program may
instead use the HTTP protocol for this purpose. (Exception: if the
Program itself is designed to interact with users through a computer
network but does not normally provide this functionality, your work
based on the Program is not required to provide this functionality.)
* Your work based on the Program does not need to functionally
reproduce its own source code to fulfill this requirement. It may
instead send a prefabricated archive of the source code, if you
insure that the program in the prefabricated archive is the same as
the program that will be interacted with through a computer network.
* You may optionally exclude in this transmission or archive any
files which serve only the purpose of configuring the Program, and
contain no program logic, so long as their complete function is
documented in the other files.
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Re: Alternatives to the Affero General Public License

2005-06-21 Thread Brian M. Carlson
On Tue, 2005-06-21 at 19:05 -0700, Gregor Richards wrote:
 Because the AGPL has some implementation issues that make it possibly
 incompatible with the DFSG, I've been trying to find an alternative that
 would still protect source-code redistribution on line.  Basically, I'm
 trying to write a special exception to the GNU GPL that would add this
 without some of the practical problems, and possibly with DFSG and OSI
 compliance.  I'm not entirely clear on to what extent point 4 (Integrity
 of The Author's Source Code) applies.  Clearly, the AGPL creates an
 invariant section like the GFDL, which doesn't work.  My proposed
 change works more like clause 2(c) of the GNU GPL.  There's no exact
 code that needs to be kept, but a certain functionality does.  I don't
 think this contradicts anything in the DFSG, but I'm no expert, and
 would like your opinions.
 
 
 
 Here's my proposition so far:
 
 
 As an exception to the GNU General Public License, any user who wishes
 to distribute modified copies of program (the Program) is also
 required to abide by this additional rule:

This is an additional restriction, forbidden by section 6.  Section 6
states, in part:

  You may not impose any further restrictions on the recipients'
  exercise of the rights granted herein.

This results in having an inconsistent license, and is consequently not
distributable at all, except by the copyright holder.

Also, the word insure should be ensure, on the fourth line of the
first starred item.  The word insure means to secure against loss.
The word ensure means to make sure or to be certain.

As a side note, what you are trying to do is not compliant with the
DFSG.  We have rejected software that requires that people send copies
or otherwise make copies available[0] as compatible with the DFSG.

Whether it is compliant with the OSI is not a discussion for this list.

[0] See http://wiki.debian.net/?DissidentTest

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Re: Alternatives to the Affero General Public License

2005-06-21 Thread Gregor Richards

On Wed, 22 Jun 2005 02:52:55 +, Brian M. Carlson
[EMAIL PROTECTED] said:
 On Tue, 2005-06-21 at 19:05 -0700, Gregor Richards wrote:
  Because the AGPL has some implementation issues that make it possibly
  incompatible with the DFSG, I've been trying to find an alternative that
  would still protect source-code redistribution on line.  Basically, I'm
  trying to write a special exception to the GNU GPL that would add this
  without some of the practical problems, and possibly with DFSG and OSI
  compliance.  I'm not entirely clear on to what extent point 4 (Integrity
  of The Author's Source Code) applies.  Clearly, the AGPL creates an
  invariant section like the GFDL, which doesn't work.  My proposed
  change works more like clause 2(c) of the GNU GPL.  There's no exact
  code that needs to be kept, but a certain functionality does.  I don't
  think this contradicts anything in the DFSG, but I'm no expert, and
  would like your opinions.
  
  
  
  Here's my proposition so far:
  
  
  As an exception to the GNU General Public License, any user who wishes
  to distribute modified copies of program (the Program) is also
  required to abide by this additional rule:
 
 This is an additional restriction, forbidden by section 6.  Section 6
 states, in part:
 
   You may not impose any further restrictions on the recipients'
   exercise of the rights granted herein.
 
 This results in having an inconsistent license, and is consequently not
 distributable at all, except by the copyright holder.
 
 Also, the word insure should be ensure, on the fourth line of the
 first starred item.  The word insure means to secure against loss.
 The word ensure means to make sure or to be certain.
 
 As a side note, what you are trying to do is not compliant with the
 DFSG.  We have rejected software that requires that people send copies
 or otherwise make copies available[0] as compatible with the DFSG.
 
 Whether it is compliant with the OSI is not a discussion for this list.
 
 [0] See http://wiki.debian.net/?DissidentTest
 
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 5:75Q96AT9V1YF%L=G-P;6IX9BP)
 

In response section 6:
(So that I can reference, the full section:)
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.
  It seems to me that the license from the original licensor would
  include this new term/condition, as that is how (s)he licensed it. 
  Perhaps a rephrase as an additional term or something that made it
  obvious that this was a part of the license of the program and hence
  is not an additional restriction when redistributed?  I of course
  can't make an entirely new license based on the GNU GPL without FSF's
  permission, so is there any way that a term could be added at all?

In response to {i,e}nsure:
Of course you are correct, my current draft now has this changed.

In response to the dissident problem:
I don't see how this hinders said dissident at all.  If said dissident
has to send the entire source, (s)he as already made it available
through some computer network.  If said dissident made it available on a
public computer network, they have already incriminated themselves - if
said dissident made it available on a private computer network, the
distribution of source does not need to extend beyond that network.  If
said dissident simply made changes and had it on no computer network,
(s)he could distribute it as described in that wiki page.  It seems to
me that by committing to send source code via the same interface, users
are not committing to any more than they already have by having the
program on that interface.  Perhaps I don't understand the application
of this rule?

 - Gregor Richards
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