Re: On the debian-legal Summary of Creative Commons 2.0

2005-04-26 Thread Francesco Poli
On Mon, 25 Apr 2005 19:20:00 -0400 Nathanael Nerode wrote:

 MJ Ray wrote:
 BSD: http://www.debian.org/misc/bsd.license
 MIT/X11: http://www.x.org/Downloads_terms.html
 
 Unfortunately, that is a subtly different X11 license from the one at 
 opensource.org.  :-(  (X11 stuff is actually under a mix of very
 similar but  not quite identical licenses.)  I prefer the one at
 opensource.org, because  it lacks the unnecessary name of a copyright
 holder shall not be used... to  promote... clause.

Wait a second...
AFAICT, there are two main licenses that are ambiguously also known as
MIT license: the Expat license (http://www.jclark.com/xml/copying.txt)
and the X11 license (http://www.x.org/Downloads_terms.html).

AFAIK, the latter is the only one known as X11 license, even though,
as you correctly point out, various free X11 implementations (XFree86
before version 4.3.99cannotremember, Xorg, ...) are under a mix of
different (but similar) licenses, and not only under the X11 license...


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Re: On the debian-legal Summary of Creative Commons 2.0

2005-04-25 Thread Nathanael Nerode
MJ Ray wrote:
BSD: http://www.debian.org/misc/bsd.license
MIT/X11: http://www.x.org/Downloads_terms.html

Unfortunately, that is a subtly different X11 license from the one at 
opensource.org.  :-(  (X11 stuff is actually under a mix of very similar but 
not quite identical licenses.)  I prefer the one at opensource.org, because 
it lacks the unnecessary name of a copyright holder shall not be used... to 
promote... clause.


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Re: On the debian-legal Summary of Creative Commons 2.0

2005-04-15 Thread Pedro A.D.Rezende

MJ Ray wrote:
[EMAIL PROTECTED] (Evan Prodromou) wrote:
On Thu, Apr 14, 2005 at 12:12:44PM +, MJ Ray wrote:
About Creative Commons:
I feel this needs a paragraph on CC's decision-making, but
I do not feel qualified to write it.
I have no way of finding that out, and I don't see why it's necessary.
If you can dig up some information, I'll include it.

Sadly, Creative Commons (as an organisation) seems to lack
the transparency of Software in the Public Interest or Free
Software Foundation Europe. I don't know whether you already
know some of the details from the contact so far. For example,
are we dealing with their board of directors or their technical
advisory board or others? How do they make decisions?
There is a cc license discussion list, and it is open. The decision 
process may use the discussions, at least in it there is talk about. 
There is also one in portuguese I know of, also open. For the main cc 
license discussion list, please read

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Re: On the debian-legal Summary of Creative Commons 2.0

2005-04-15 Thread MJ Ray
Pedro A.D.Rezende [EMAIL PROTECTED] wrote:
 There is a cc license discussion list, and it is open. The decision 
 process may use the discussions, at least in it there is talk about. 

I just reviewed a previous intervention of mine on that mailing list.
There were references to raising something internally but left
me none the wiser about what goes on inside the black box that
calls itself Creative Commons. Is there some information there?

Please don't cc me on posts to this list.

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On the debian-legal Summary of Creative Commons 2.0

2005-04-14 Thread MJ Ray
This is a comment on version 4 of
http://people.debian.org/~evan/ccsummary.html


About debian-legal:

I feel that this would benefit from making it clear who can make
binding decisions on licensing. I suggest:

The decision-makers are the ftpmasters (who are responsible
for archive maintenance) and the package maintainers (who are
responsible for uploading to debian).  Both of these are thought
to listen to advice from debian-legal and debian policy is for
maintainers to send copyright queries to debian-legal.  It is
possible to reverse decisions and issue position statements
through a vote of all developers or the technical committee
(see the constitution), but both of those actions are rare.


About Creative Commons:

I feel this needs a paragraph on CC's decision-making, but
I do not feel qualified to write it.


License summaries:

Removing References - I think this also may conflict with
No Discrimination Against Fields of Endeavour if exercised.

Any Other Comparable Authorship Credit - I consider this
unclear rather than outright breaking guidelines, so I
suggest making the last paragraph would be not is.

Anti-DRM clause - I think this is fine.

Trademark Restrictions - In the final paragraph, this
should appeal to Web Content Accessibility Guideline
2 http://www.w3.org/TR/WCAG/#gl-color to support it.
Maybe this section should also note that there have been
uses of the licence which included this section, so it
is definitely ambiguous.

I agree with the other licence type summaries.


Recommendations for Authors:
Recommendations for Creative Commons:

I am happy with these recommendations, but realise that
they are subject to negotiation.


References:

These seem to be truncated. I would also find non-opensource.org
editions of the BSD and MIT licences.

Add WCAG, the debian policy manual and constitution.


I apologise for the late arrival of this comment.

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Re: On the debian-legal Summary of Creative Commons 2.0

2005-04-14 Thread MJ Ray
Correction/clarification, after noticing a context problem:

 Anti-DRM clause - I think this is fine.

I mean: I think that section of the summary is fine.

 [...] I would also find non-opensource.org
 editions of the BSD and MIT licences.

s/find/prefer/


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Re: On the debian-legal Summary of Creative Commons 2.0

2005-04-14 Thread Evan Prodromou
On Thu, Apr 14, 2005 at 12:47:36PM +, MJ Ray wrote:

  [...] I would also find non-opensource.org
  editions of the BSD and MIT licences.
 
 s/find/prefer/

One thing we can do is that I can amass as many links as I can to the
BSD and MIT licenses, and then hold them up to you one at a time like
an optometrist.

 How's this?
 No, that's still no good.
 This one?
 Mmmm... no.
 How about this?
 Still no.
 This?
 Almost, but not quite.

Or, y'know, you could just go out and find the URL that works for you,
and send it to me.

Personally, I prefer option 2.

~Evan


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Re: On the debian-legal Summary of Creative Commons 2.0

2005-04-14 Thread Evan Prodromou
On Thu, Apr 14, 2005 at 12:12:44PM +, MJ Ray wrote:

 About Creative Commons:
 
 I feel this needs a paragraph on CC's decision-making, but
 I do not feel qualified to write it.

I have no way of finding that out, and I don't see why it's necessary.
If you can dig up some information, I'll include it.

 Removing References - I think this also may conflict with
 No Discrimination Against Fields of Endeavour if exercised.

How so? Can you make that clearer? Is it worth including in the summary?

 Any Other Comparable Authorship Credit - I consider this
 unclear rather than outright breaking guidelines, so I
 suggest making the last paragraph would be not is.

Fair enough. How about external clarification could make this free,
but could also make it not free, and fixing the text is the best
solution? (Except more careful wording, esp. w/r/t free.) I need to
think up something similar for the trademark requirements issue.

 Trademark Restrictions - In the final paragraph, this
 should appeal to Web Content Accessibility Guideline
 2 http://www.w3.org/TR/WCAG/#gl-color to support it.
 Maybe this section should also note that there have been
 uses of the licence which included this section, so it
 is definitely ambiguous.

I think it says that already.

Some instances of the license found in the wild include the
trademark restrictions.

New wording welcome.

 Add WCAG, the debian policy manual and constitution.
 
 I apologise for the late arrival of this comment.

No sweat. It's probably worth noting at this point that Creative
Commons did their major review of version 3, and although they're
aware of version 4, they probably are going to respond to 3. I'm going
to do a version 5 after we hear their response. According to Dr.
Lessig, they're meeting to go over their response today.

Thanks for your response.

~Evan


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Re: On the debian-legal Summary of Creative Commons 2.0

2005-04-14 Thread MJ Ray
[EMAIL PROTECTED] (Evan Prodromou) wrote:
 Or, y'know, you could just go out and find the URL that works for you,
 and send it to me.

Sarcasm isn't good for you.

BSD: http://www.debian.org/misc/bsd.license
MIT/X11: http://www.x.org/Downloads_terms.html


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Re: On the debian-legal Summary of Creative Commons 2.0

2005-04-14 Thread MJ Ray
[EMAIL PROTECTED] (Evan Prodromou) wrote:
 On Thu, Apr 14, 2005 at 12:12:44PM +, MJ Ray wrote:
  About Creative Commons:
  
  I feel this needs a paragraph on CC's decision-making, but
  I do not feel qualified to write it.
 I have no way of finding that out, and I don't see why it's necessary.
 If you can dig up some information, I'll include it.

Sadly, Creative Commons (as an organisation) seems to lack
the transparency of Software in the Public Interest or Free
Software Foundation Europe. I don't know whether you already
know some of the details from the contact so far. For example,
are we dealing with their board of directors or their technical
advisory board or others? How do they make decisions?

I think this is necessary to brief people about who is talking
to who and why.

  Removing References - I think this also may conflict with
  No Discrimination Against Fields of Endeavour if exercised.
 How so? Can you make that clearer? Is it worth including in the summary?

It would prevent a CC-licensed work being included in a
biography, in the absence of other permission. I hope
that makes it clearer. I don't know whether this example
is worthy of inclusion.

[...]

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