Re: GPL, OpenSSL and Non-Free

2004-12-31 Thread Anthony DeRobertis
hmmm, wasn't non-us on different servers? If so, would that work? (does 
it still even exist?)




Re: GPL, OpenSSL and Non-Free

2004-12-31 Thread Anthony DeRobertis

Don Armstrong wrote:


However, I've maintained that even if that is the case, we still can't
activate this clause because OpenSSL is not normally distributed (in
either source or binary form) with the major components.


That seems to be the easier half. The major components of Debian are 
typically distributed via either HTTP/FTP or CD.


On the full CD set, you will naturally find OpenSSL. Thus, here it is 
distributed w/ the major components. This is the one official CD set. 
[On the smaller businesscard CD, I think you do to (not sure --- would 
have to check)]


On the HTTP/FTP servers, you will also find openssl. If we assume that 
things that accompany (as in GPL 3(b)) are distributed with, then just 
like the source code found on those servers, openssl is distributed 
along with the major components.


Of course, the problem is that non-free is on the same FTP server.



Re: GPL, OpenSSL and Non-Free

2004-12-31 Thread Andrew Suffield
On Fri, Dec 31, 2004 at 04:03:25PM -0500, Anthony DeRobertis wrote:
 hmmm, wasn't non-us on different servers? If so, would that work? (does 
 it still even exist?)

That was the (admittedly rather specious) argument under which we
justified ignoring this problem before. With the demolition of non-us,
it no longer applies.

-- 
  .''`.  ** Debian GNU/Linux ** | Andrew Suffield
 : :' :  http://www.debian.org/ |
 `. `'  |
   `- --  |


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Re: GPL, OpenSSL and Non-Free

2004-12-30 Thread Don Armstrong
On Thu, 30 Dec 2004, Lewis Jardine wrote:
 /unless that component itself accompanies the executable/. (my emphasis)
 
 As I understand it, in a Debian distribution, anything that could
 qualify for the exception 'accompanies the executable' by virtue of
 being on the same CD/web server/etc. Is this a correct
 interpretation?

Typically. Yet, in this particular case, we were talking
(hypothetically) about moving FreeRadius into non-free, and whether or
not that would enable us to distribute it at all by activating this
clause.

Since non-free is not part of Debian, and doesn't get distributed on
the same CD, an argument could be made that it doesn't accompany
OpenSSL. [I don't know if I agree with this argument, but I'll admit
that a sufficiently high powered lawyer could get this argument to
convince a court of law.]

However, I've maintained that even if that is the case, we still can't
activate this clause because OpenSSL is not normally distributed (in
either source or binary form) with the major components. It is
especially telling that openssl is Priority: optional, not even
Priority: standard or higher as are pretty much all of the major
components (kernel[1], compiler, etc.)]


Don Armstrong

1: Well, most kernels are optional too, but you'll be hard pressed to
have a system without one somewhere...
-- 
When I was a kid I used to pray every night for a new bicycle. Then I 
realised that the Lord doesn't work that way so I stole one and asked
Him to forgive me.
 -- Emo Philips.

http://www.donarmstrong.com  http://rzlab.ucr.edu


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Re: GPL, OpenSSL and Non-Free

2004-12-29 Thread Florian Weimer
* Paul Hampson:

 As I understand it, the issue is that anything in the Debian
 archive is considered to be distributed with Debian, and so
 the GPL's exception for libraries that come with the OS
 doesn't apply since the application also comes with the OS.
 (In GPL's terms, the OS comes with the application)

 However, non-free is not part of Debian (as per the social
 contract) so it would be OK to put GPL'd programs that
 depend on OpenSSL into non-free?

I suppose, that in the GPL sense, non-free *is* part of Debian.



Re: GPL, OpenSSL and Non-Free

2004-12-29 Thread Raul Miller
On Thu, Dec 30, 2004 at 02:21:24AM +1100, Paul Hampson wrote:
 However, non-free is not part of Debian (as per the social
 contract) so it would be OK to put GPL'd programs that
 depend on OpenSSL into non-free?

The GPL special exception doesn't care about part of vs. not part of.

What matters there is accompanies.

And, a number of web sites are configured with non-free accompanying main.
If we could guarantee that none of our mirrors accompanied main with
non-free, then it should be ok to put that kind of software in non-free.

-- 
Raul



Re: GPL, OpenSSL and Non-Free

2004-12-29 Thread Don Armstrong
On Thu, 30 Dec 2004, Paul Hampson wrote:
 As I understand it, the issue is that anything in the Debian
 archive is considered to be distributed with Debian, and so
 the GPL's exception for libraries that come with the OS
 doesn't apply since the application also comes with the OS.
 (In GPL's terms, the OS comes with the application)

Just for completeness, here's the clause in question:

 However, as a special exception, the source code distributed need
 not include anything that is normally distributed (in either
 source or binary form) with the major components (compiler,
 kernel, and so on) of the operating system on which the
 executable runs, unless that component itself accompanies the
 executable. (GNU GPL �3)
 
 However, non-free is not part of Debian (as per the social contract)
 so it would be OK to put GPL'd programs that depend on OpenSSL into
 non-free?

Unfortunatly, it is not clear that openssl is normally distributed
with the other components, as we do not require that people actually
install openssl.

Moreover, if we did claim that it did, the fact that they are both on
the same mirror (in the typical case) leads to the conclusion that
openssl accompanies an executable in non-free. [This becomes a the
result is not distributable instead of a the result is not DFSG
free.]

In the end, your best bet is to either 1) get the exception from the
FreeRadius upstream or 2) port FreeRadius to gnutls. Working around
the problem using non-free really isn't going to work.

-- 
There is no mechanical problem so difficult that it cannot be solved
by brute strength and ignorance.
 -- William's Law

http://www.donarmstrong.com  http://rzlab.ucr.edu



Re: GPL, OpenSSL and Non-Free

2004-12-29 Thread Steve Langasek
On Wed, Dec 29, 2004 at 04:47:06PM -0800, Don Armstrong wrote:
 On Thu, 30 Dec 2004, Paul Hampson wrote:
  As I understand it, the issue is that anything in the Debian
  archive is considered to be distributed with Debian, and so
  the GPL's exception for libraries that come with the OS
  doesn't apply since the application also comes with the OS.
  (In GPL's terms, the OS comes with the application)

 Just for completeness, here's the clause in question:

  However, as a special exception, the source code distributed need
  not include anything that is normally distributed (in either
  source or binary form) with the major components (compiler,
  kernel, and so on) of the operating system on which the
  executable runs, unless that component itself accompanies the
  executable. (GNU GPL ???3)

  However, non-free is not part of Debian (as per the social contract)
  so it would be OK to put GPL'd programs that depend on OpenSSL into
  non-free?

 Unfortunatly, it is not clear that openssl is normally distributed
 with the other components, as we do not require that people actually
 install openssl.

 Moreover, if we did claim that it did, the fact that they are both on
 the same mirror (in the typical case) leads to the conclusion that
 openssl accompanies an executable in non-free. [This becomes a the
 result is not distributable instead of a the result is not DFSG
 free.]

 In the end, your best bet is to either 1) get the exception from the
 FreeRadius upstream or 2) port FreeRadius to gnutls. Working around
 the problem using non-free really isn't going to work.

This permission would have to come from more than just FreeRadius
upstream, as it links in a number of other libraries including some that
are distributed under the GPL.

-- 
Steve Langasek
postmodern programmer