Re: LPPL and source-less distribution

2005-06-14 Thread Bernhard R. Link
* Michael K. Edwards [EMAIL PROTECTED] [050613 21:21]:
 On 6/13/05, Raul Miller [EMAIL PROTECTED] wrote:
  For the record, I am not at all comfortable with your characterization
  of opinions different from your own as crack-smoking.
 
 C'mon, Raul.  The crack-smoking GPL refers to an interpretation
 (non-contract license, functional use results in a derivative
 work) that I and others have demonstrated to have no basis in law
 [...]

You have expressed this your opinion multiple times. I think your
increasing use of words like words and phrases like crack-smoking,
deceitful etc make a good point about how 'convincing' your 
demonstrations were.

 It wouldn't be the first time that a much-needed reform got put
 off for an extra century because the people carrying the banner of
 reform behaved in a manner repugnant to those who understood that the
 existing system, while flawed, was better than anarchy.

Ah, so we are not only crack-smoking but also targeting anarchy?

  Bernhard R. Link


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Re: LPPL and source-less distribution

2005-06-14 Thread Michael K. Edwards
On 6/14/05, Bernhard R. Link [EMAIL PROTECTED] wrote:
 * Michael K. Edwards [EMAIL PROTECTED] [050613 21:21]:
  C'mon, Raul.  The crack-smoking GPL refers to an interpretation
  (non-contract license, functional use results in a derivative
  work) that I and others have demonstrated to have no basis in law
  [...]
 
 You have expressed this your opinion multiple times. I think your
 increasing use of words like words and phrases like crack-smoking,
 deceitful etc make a good point about how 'convincing' your
 demonstrations were.

Increasing?  Not particularly.  If it really bothers you, I'm happy to
drop crack-smoking, and say I am pro-GPL-as-an-instrument-of law. 
But with respect to deceit:  Eben Moglen has engaged for years in
deceit about the nature of copyright law and licenses.  I see no
reason not to call it by its name.

I'm not sure what point you think you're making about what is or isn't
convincing.  If you're not convinced, that's fine; I don't feel
compelled to convince everyone.

  It wouldn't be the first time that a much-needed reform got put
  off for an extra century because the people carrying the banner of
  reform behaved in a manner repugnant to those who understood that the
  existing system, while flawed, was better than anarchy.
 
 Ah, so we are not only crack-smoking but also targeting anarchy?

Are you not acquainted with Mr. Moglen's essay Anarchism Triumphant:
Free Software and the Death of Copyright?  You personally may not be
advocating anarchy, but that is precisely what Mr. Moglen professes to
favor.

- Michael



Re: LPPL and source-less distribution

2005-06-14 Thread Humberto Massa Guimarães


--
[]s,
Massa
//
First they came for the Jews
and I did not speak out - because I was not a Jew.
Then they came for the communists
and I did not speak out - because I was not a communist.
Then they came for the trade unionists
and I did not speak out - because I was not a trade unionist.
Then they came for me -
and by then there was no one left to speak out for me.



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Re: LPPL and source-less distribution

2005-06-14 Thread Humberto Massa Guimarães
How can a text get lost? Hmpf.

* Michael ::

 On 6/14/05, Bernhard R. Link [EMAIL PROTECTED] wrote:
  * Michael K. Edwards [EMAIL PROTECTED] [050613 21:21]:
   C'mon, Raul.  The crack-smoking GPL refers to an
   interpretation (non-contract license, functional use
   results in a derivative work) that I and others have
   demonstrated to have no basis in law [...]
  
  You have expressed this your opinion multiple times. I think
  your increasing use of words like words and phrases like
  crack-smoking, deceitful etc make a good point about how
  'convincing' your demonstrations were.

 Increasing?  Not particularly.  If it really bothers you, I'm
 happy to drop crack-smoking, and say I am
 pro-GPL-as-an-instrument-of law.  But with respect to deceit:
 Eben Moglen has engaged for years in deceit about the nature of
 copyright law and licenses.  I see no reason not to call it by its
 name.

You know I agree with you in many things, but I see one reason:
Diplomacy. With a capital D. The FSF holds the copyright interest
and is responsible for developing and  publicizing of a lot of free
software; even if your (harsh) word is accurate, IMHO it would be
more polite any of: error, mistaken position, propaganda
euphemisms.

--
HTH, Always,
Massa


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Re: LPPL and source-less distribution

2005-06-14 Thread Raul Miller
On 6/13/05, Michael K. Edwards [EMAIL PROTECTED] wrote:
 I thought I'd done rather well in responding politely to a polite
 inquiry as to whether I might be a Tentacle of Evil.  I think of
 myself as representing forthright radicalism within the system, and if
 you think about it you'll realize why the FSF's deceitful (and, in my
 opinion, rather amateurish) misrepresentations of the law annoy me so
 much.

I think you are correct in identifying this as the crucial issue.

However, I disagree with you about your characterization of this
issue.

For one thing, you've used this kind of language in a number of 
contexts -- not simply when someone questions your motives.  I
can understand that having yourself be questioned leads to all
sorts of implications about you as a person, but I guess that's
not really what I was concerned about.

I don't see FSF as being deceitful.  I see them as honestly
having a difference of opinion from you about the nature of
the legal issues at stake.

Characterizing this difference of opinion as deceitful implies
to me that you don't think that people disagreeing with your
opinion are being honest.  But that would also mean that you
are not being honest when you appear to be debating these
issues: you'd only be providing the appearance of logical
reasoning, because you would've assumed the question.

I wouldn't mind so much if when you made these kinds of
assertions you provided a reference to some page
which clearly spells out the issues you're talking about.
That way, people inclined to thinking that agreeing or
disagreeing with you is important could see for themselves
what it is that you're trying to say.  [I'd probably mind
somewhat, because I'm one of the people who thinks
that agreeing or disagreeing with you on this issue is
important, but presumably I'd also have factual issues that
I could debate if I felt the need.]

I also wouldn't mind so much if you instead simply spelled out
the issue(s) on which you have a difference of opinion.

But, instead, you seem to imply that your opinion has more 
weight than those of legal professionals, which is totally at 
odds with some of your disclaimers.  Granted, this is
merely an implication -- not something you've stated outright --
but you have indicated that you're concerned about 
analogous implications.

If you want to be dismissed as an unthinking radical, I
guess I can be talked into describing you that way, but
I was under the impression that that was not at all what 
you are trying to achieve.

Thanks,

-- 
Raul



Re: LPPL and source-less distribution

2005-06-13 Thread Humberto Massa Guimarães
* Bernhard ::

 * Michael K. Edwards [EMAIL PROTECTED] [050611 20:05]:
  The FSF is not in the business of giving truthful advice about
  the law.

 Sorry to ask the following, but I am getting really curious and
 hope you do not feel insulted. But I really have to ask:

 Are you sponsored by, employed by or otherwise related to
 Microsoft or any other large company selling non-free software?

While I can't speak for Michael, I tought you should know other
people (such as myself) agree with him in many of his points,
including that one above.

And *I* am employed by the Legislative branch of the government of
Minas Gerais, Brasil, which is conducting a massive migration to
Free Software, and I do not have any financial interest whatsoever
involving proprietary software.

Furthermore, while IANAL, I *try* to base things I put on d-l in my
reasonable knowledge of Brazilian law and legal research (I worked
two years as a paralegal, and I have another two years of legal
training).

--
HTH,
Massa


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Re: LPPL and source-less distribution

2005-06-13 Thread Raul Miller
On 6/12/05, Michael K. Edwards [EMAIL PROTECTED] wrote:
 Oh, and just to remind you: I am pro-non-crack-smoking-GPL, and have
 even been known to advocate that it be required as a matter of law

For the record, I am not at all comfortable with your characterization
of opinions different from your own as crack-smoking.

That's fine if you aren't intending to seriously debate those points
of view, but you seem to be rather interested in that kind of debate.

I recognize that a specific legal case will proceed in a specific
and logical fashion, but it's presumptious to assume too much
about how a judge will decide on any particular dispute.

-- 
Raul



Re: LPPL and source-less distribution

2005-06-13 Thread Michael K. Edwards
On 6/13/05, Raul Miller [EMAIL PROTECTED] wrote:
 For the record, I am not at all comfortable with your characterization
 of opinions different from your own as crack-smoking.

C'mon, Raul.  The crack-smoking GPL refers to an interpretation
(non-contract license, functional use results in a derivative
work) that I and others have demonstrated to have no basis in law and
to be a deliberate attempt to subvert the legal regime surrounding
software copyright.  As such, it's intended as a bit of humorous
hyperbole to lighten the atmosphere surrounding a quite serious topic.
 I hardly refer to general differences of opinion as crack-smoking.

I thought I'd done rather well in responding politely to a polite
inquiry as to whether I might be a Tentacle of Evil.  I think of
myself as representing forthright radicalism within the system, and if
you think about it you'll realize why the FSF's deceitful (and, in my
opinion, rather amateurish) misrepresentations of the law annoy me so
much.  It wouldn't be the first time that a much-needed reform got put
off for an extra century because the people carrying the banner of
reform behaved in a manner repugnant to those who understood that the
existing system, while flawed, was better than anarchy.

Cheers,
- Michael



Re: LPPL and source-less distribution

2005-06-12 Thread Bernhard R. Link
* Michael K. Edwards [EMAIL PROTECTED] [050611 20:05]:
 The FSF is not in the business of giving truthful advice about the
 law.

Sorry to ask the following, but I am getting really curious and hope
you do not feel insulted. But I really have to ask:

Are you sponsored by, employed by or otherwise related to Microsoft
or any other large company selling non-free software?

  Bernhard R. Link


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Re: LPPL and source-less distribution

2005-06-12 Thread Michael K. Edwards
On 6/12/05, Bernhard R. Link [EMAIL PROTECTED] wrote:
 * Michael K. Edwards [EMAIL PROTECTED] [050611 20:05]:
  The FSF is not in the business of giving truthful advice about the
  law.
 
 Sorry to ask the following, but I am getting really curious and hope
 you do not feel insulted. But I really have to ask:
 
 Are you sponsored by, employed by or otherwise related to Microsoft
 or any other large company selling non-free software?

I happen to work for a company which sells both hardware and software
(not Microsoft or any close relative), but not in any legal (or
polemical) capacity, and my opinions are my own.  I've gotten so
deeply involved in this debate, and spent so much time on it, that I
gave a company lawyer of my acquaintance a heads-up last week; but
he's more likely to be horrified by the possibility of the company
becoming the target of a free-software-enthusiast vendetta than to
approve.

Cheers,
- Michael



Re: LPPL and source-less distribution

2005-06-12 Thread Michael K. Edwards
Oh, and just to remind you: I am pro-non-crack-smoking-GPL, and have
even been known to advocate that it be required as a matter of law
that software other than e-toys be offered substantially under the
GPL terms.  In most circles I would be seen as a radical free software
enthusiast.  I just don't approve of attempts to subvert the legal
system by deceit about the nature of the law.

Cheers,
- Michael



Re: LPPL and source-less distribution

2005-06-11 Thread Jonathan Fine

Joachim Schrod wrote:

Jonathan Fine wrote:




I am not a license expert, but here is my take at this question:

I don't think that the passage quoted above is relevant here. We are not
talking about distributing a `Derived Work'. The question whether or not
source less distribution is allowed is IMO concerned with a `Compiled
Work'. Concerning that, we find in the LPPL:



A translation is an example of a derived work. In my opinion (I'm not
a lawyer), latex.fmt is a derived work



A derived work is a work where the source has been changed, not where 
the source has been processed.


Go and ask your lawyer.



I think the FSF may have already asked a lawyer this question.

In the LGPL we read:
===
  When a program is linked with a library, whether statically or using
a shared library, the combination of the two is legally speaking a
combined work, a derivative of the original library.  The ordinary
General Public License therefore permits such linking only if the
entire combination fits its criteria of freedom.  The Lesser General
Public License permits more lax criteria for linking other code with
the library.
===

This is an example of a derived work, where no change is made to the
source.

This seems to contradict your broad statement:
 A derived work is a work where the source has been changed, not where
 the source has been processed.

Of course, showing that you are wrong does not show that I am right.


You may also ask on debian-legal@lists.debian.org, they have lots of 
patience to discuss all kinds of license legalese with you.


I've copied this message to that list, and asked that followup go
to that list.

For the benefit of that list, 'latex.fmt' is a dumped execution
state of a program, namely TeX, which can be reloaded at high speed.

Inputs to the creation of latex.fmt include program files, such
as latex.ltx, font metric files, and hyphenation tables.

--
Jonathan






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