Re: OFL license analysis

2006-01-31 Thread Frank Küster
Mark Rafn [EMAIL PROTECTED] wrote:

 Mark Rafn [EMAIL PROTECTED] wrote:
 This discussion seems to have gone into the weeds about WHY someone
 would want to make a change and whether Debian is able to make such
 changes reasonably.

 On Mon, 30 Jan 2006, Frank Küster wrote:
 Well, only in part.  A font that you can't rely on is mostly useless...

 I assume the you in this sentence is a hapless user of a system
 whose software she does not control/understand, not the person wishing
 to make and distribute changes to the font.  Correct me if this is an
 incorrect reading.

ACK.

 A license that tries to protect a user from an incompetent
 developer/distributor/sysadmin is going to be non-free.  There's
 really no way around this.  The only way to be free is to allow a true
 fork of the software, which means a dropin replacement, even if the
 licensor disapproves.

Most existing forks *do* identify themselves as being something
different.  

 What ever happenened to the LaTex license, by the way?  That had the
 same non-freeness.

 You seem to have a different opinion on this as the debian-legal people
 who negotiated with the LaTeX project and together developped the LPPL
 version 1.3.  In this version, the requirement to change file names (or
 LaTeX package names) was dropped, probably because it was regarded as
 too non-free, whereas it was decided that any changed version should
 indicate that it was changed in the version string that is (or to some
 degree only will be) part of the API.

 Hmm.  I claim that it is a mistake for Debian to consider something
 free if it requires binary incompatibility to distribute a modified
 version. Version strings are a funny edge-case, where if they're
 normally just human-readable information with no programmatic effect I
 can live with it, but when it becomes common to programmatically read
 them and behave differently, then it's part of the API and must be
 modifiable (or not) without restriction.

The revised LPPL says:

  a. If a component of this Derived Work can be a direct replacement
 for a component of the Work when that component is used with the
 Base Interpreter, then, wherever this component of the Work
 identifies itself to the user when used interactively with that
 Base Interpreter, the replacement component of this Derived Work
 clearly and unambiguously identifies itself as a modified version
 of this component to the user when used interactively with that
 Base Interpreter

In practice, this means that the version string displayed in the file
log of a LaTeX run will be different, and that the user, or a developer
of a package that uses the work, has the possibility to check for the
version and act accordingly; it does of course not mean that he must do
such a check.

 It's possible that Debian made a mistake if that's what LaTeX does
 with these strings.  Wouldn't be the first time.

I guess before we continue discussing this, we both should look up in
the archives the discussion that has taken place between the LaTeX team
and Debian people.

 It seems a clear test: if I can't distribute a changed version that
 can be dropped into a system without changing other software,
 it ain't free.

 You can never distribute a bugfixed version of a font with the same name
 (identifiers, ...) and, without changing other software, get the same
 system behavior.  That's not a question of freeness, it's a technical
 problem.

 No, the intent is to get DIFFERENT system behavior by changing the
 free component, without changing other software or documents.  That's
 the freedom I'm worried about here.  Though the ability to get the
 same behavior is there too (perhaps a performance fix or other
 result-compatible implementation change), it's just a special case of
 the real freedom to make changes.

I know, the freedom to shoot yourself into the foot.  But I think it's
not unreasonable to require that the user is at least notified what
happened, and that can only be done by changing the identifier in an
interactive dialog, or by issuing font substitution warnings in a batch
run. 

Regards, Frank
-- 
Frank Küster
Single Molecule Spectroscopy, Protein Folding @ Inst. f. Biochemie, Univ. Zürich
Debian Developer (teTeX)



Re: OFL license analysis

2006-01-31 Thread Mark Rafn

On Tue, 31 Jan 2006, Frank Küster wrote:

In practice, this means that the version string displayed in the file
log of a LaTeX run will be different, and that the user, or a developer
of a package that uses the work, has the possibility to check for the
version and act accordingly; it does of course not mean that he must do
such a check.


Ok, that seems reasonable to me.  Much like the human-readable version 
info when running a program with -v or whatnot.


A human can tell the difference if he bothers to look.  System software 
does not change behavior based on this human identification.



I know, the freedom to shoot yourself into the foot.  But I think it's
not unreasonable to require that the user is at least notified what
happened, and that can only be done by changing the identifier in an
interactive dialog, or by issuing font substitution warnings in a batch
run.


I think our disagreement is that you think the licensor may require the 
software to actively notify some user, where I think the licensor may 
require that it be identifiable if the recipient of the software package 
cares to look for such identification.  Is this a fair summary?


I can see no way to force notification in most systems that does not 
interfere with the fundamental freedom to make changes.

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

Re: OFL license analysis

2006-01-31 Thread Frank Küster
Frank Küster [EMAIL PROTECTED] wrote:

 In practice, this means that the version string displayed in the file
 log of a LaTeX run will be different, and that the user, or a developer
 of a package that uses the work, has the possibility to check for the
 version and act accordingly; it does of course not mean that he must do
 such a check.

Also note that due to the way TeX works this can, in principle, be done
even without that.  If you think your document should only be processed
with an unchanged version of foo.sty, you can look at every macro
provided *and*used*internally* by foo.sty and check whether it has been
changed.  Having the version number available is just more convenient...

Regards, Frank
-- 
Frank Küster
Single Molecule Spectroscopy, Protein Folding @ Inst. f. Biochemie, Univ. Zürich
Debian Developer (teTeX)



Re: OFL license analysis

2006-01-31 Thread Glenn Maynard
On Tue, Jan 31, 2006 at 01:15:06AM -0800, Mark Rafn wrote:
 A human can tell the difference if he bothers to look.  System software 
 does not change behavior based on this human identification.

Well, it might: if the software uses the human identification to select
which font to use when rendering a document, it's no longer merely
human identification--it's functional, too.

That raises an odd (tangental) question, though.  What if third-party
software scanned output intended for the user; for example, refusing to
run or changing behavior if the name of the software it prints isn't
foo?  Now it's impossible to make a functional drop-in equivalent
without identifying differently.  Same problem with any number of things
required under the assumption that they're not functional: you could
scan strings output for (c) Glenn Maynard if you don't like my code,
or refuse to run if the GPL blurb is detected if you want to hinder GPL
software.

In practice, the only reasonable approach is probably intent.  It's
pretty clear that font licensors actually do want to prohibit me from
modifying a font, distributing it, and having it drop-in over the
original.  That's a non-free goal.

-- 
Glenn Maynard


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Re: OFL license analysis

2006-01-30 Thread Frank Küster
Mark Rafn [EMAIL PROTECTED] wrote:

 [EMAIL PROTECTED] wrote:
 Debian decides to distribute works containing your font. The
 original upstream disappears. A bug is discovered in the font, and
 Debian needs to fix it.

 On Sun, 29 Jan 2006, Marco d'Itri wrote:
 Yes, and this is considered a feature. Usually existing documents
 should not break because a font is changed, even if this fixes a
 bug.

 On Sun, 29 Jan 2006, Don Armstrong wrote:
 The same argument applies equally well to programs. We should be
 intelligent enough in our fixing of bugs in fonts not to break
 existing documents, 

That's plain impossible.  A bug in a font could be a wrong
kerning. Kerning means the hints in the fonts that indicate that in a
particular combination of letters, two adjacent letters need less (or
more) space between them than their size would dictate. For example 
the letters VA must be shifted a little towards each other, otherwise
it will look nearly like a whitespace between them.

If there is such a bug in a font, changing it implies that the
word-wrapping algorithm has a high chance of finding a different
solution, and thus change existing documents.  There's simply no
solution that allows both for stable docments and for bug fixing.

The lmodern fonts, for example, are still under development, and they
warn the user and reserve themselves the option to change things like
the kerning.  But if you've got a font that is in wide use and regarded
as stable, changing the kerning is a design decision and should in fact
change the name under which the font is available to the user and to
documents. 

just like we should be intelligent enough in our
 fixing of bugs in programs not to break existing scripts.

 This discussion seems to have gone into the weeds about WHY someone
 would want to make a change and whether Debian is able to make such
 changes reasonably.

Well, only in part.  A font that you can't rely on is mostly useless...

 Name-change requirements are
 acceptible (barely) on the package name, but not API identifiers, and
 that includes filenames that are part of an API.

[...]
 What ever happenened to the LaTex license, by the way?  That had the
 same non-freeness.

You seem to have a different opinion on this as the debian-legal people
who negotiated with the LaTeX project and together developped the LPPL
version 1.3.  In this version, the requirement to change file names (or
LaTeX package names) was dropped, probably because it was regarded as
too non-free, whereas it was decided that any changed version should
indicate that it was changed in the version string that is (or to some
degree only will be) part of the API.

 It seems a clear test: if I can't distribute a changed version that
 can be dropped into a system without changing other software,
 it ain't free.

You can never distribute a bugfixed version of a font with the same name
(identifiers, ...) and, without changing other software, get the same
system behavior.  That's not a question of freeness, it's a technical
problem.

Regards, Frank
-- 
Frank Küster
Single Molecule Spectroscopy, Protein Folding @ Inst. f. Biochemie, Univ. Zürich
Debian Developer (teTeX)



Re: OFL license analysis

2006-01-30 Thread Don Armstrong
On Mon, 30 Jan 2006, Frank Küster wrote:
 On Sun, 29 Jan 2006, Don Armstrong wrote:
  The same argument applies equally well to programs. We should be
  intelligent enough in our fixing of bugs in fonts not to break
  existing documents,
 
 That's plain impossible. A bug in a font could be a wrong kerning.

[...]

 There's simply no solution that allows both for stable docments and
 for bug fixing.

There are clearly some classes of bugs which entail breaking
compatibility with existing programs or existing documents. To whit:

 [When we're not, we have the ability to determine which is the proper
  course of action: breaking compatibility or living with the
  bug.] [1]

 if you've got a font that is in wide use and regarded as stable,
 changing the kerning is a design decision and should in fact change
 the name under which the font is available to the user and to
 documents.

This exact argument can be made to apply to programs. We as
distributors (or our users as users) should be able to make the
determination whether it's appropriate to break compatibility to fix
the bug, or keep compatibility and live with the bug. A license really
has no business forcing technical decisions like that on us or our
users.

We've allowed a very narrow compromise to require that the name of the
work itself (or its version) change, but that's it; a requirement that
other parts of the work change beyond its name goes beyond DFSG §4.


Don Armstrong

1: [EMAIL PROTECTED]
-- 
Frankly, if ignoring inane opinions and noisy people and not flaming
them to crisp is bad behaviour, I have not yet achieved a state of
nirvana.
 -- Manoj Srivastava in [EMAIL PROTECTED]

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



Re: OFL license analysis

2006-01-30 Thread Frank Küster
Don Armstrong [EMAIL PROTECTED] wrote:

 This exact argument can be made to apply to programs. We as
 distributors (or our users as users) should be able to make the
 determination whether it's appropriate to break compatibility to fix
 the bug, or keep compatibility and live with the bug. A license really
 has no business forcing technical decisions like that on us or our
 users.

 We've allowed a very narrow compromise to require that the name of the
 work itself (or its version) change, but that's it; a requirement that
 other parts of the work change beyond its name goes beyond DFSG §4.

Well, in a sense every font file (the standard version, the italic,
bold, small caps, etc versions) is a work of its own, and the complete
distribution is only an aggregate work.  For commercial fonts it is
common that you buy each separately.

Anyway: would, in your opinion, a restriction be acceptable to change
either the version or, as long as there's no technical solution yet that
includes this version in the API, the font name?

Regards, Frank
-- 
Frank Küster
Single Molecule Spectroscopy, Protein Folding @ Inst. f. Biochemie, Univ. Zürich
Debian Developer (teTeX)



Re: OFL license analysis

2006-01-30 Thread Francesco Poli
On Mon, 30 Jan 2006 02:25:34 -0800 Don Armstrong wrote:

 On Mon, 30 Jan 2006, Frank Küster wrote:
[...]
  if you've got a font that is in wide use and regarded as stable,
  changing the kerning is a design decision and should in fact change
  the name under which the font is available to the user and to
  documents.
 
 This exact argument can be made to apply to programs. We as
 distributors (or our users as users) should be able to make the
 determination whether it's appropriate to break compatibility to fix
 the bug, or keep compatibility and live with the bug. A license really
 has no business forcing technical decisions like that on us or our
 users.
 
 We've allowed a very narrow compromise to require that the name of the
 work itself (or its version) change, but that's it; a requirement that
 other parts of the work change beyond its name goes beyond DFSG §4.

Exactly!
Agreed entirely.

-- 
:-(   This Universe is buggy! Where's the Creator's BTS?   ;-)
..
  Francesco Poli GnuPG Key ID = DD6DFCF4
 Key fingerprint = C979 F34B 27CE 5CD8 DC12  31B5 78F4 279B DD6D FCF4


pgpv1K1YwTbhz.pgp
Description: PGP signature


Re: OFL license analysis

2006-01-30 Thread Mark Rafn

Mark Rafn [EMAIL PROTECTED] wrote:

This discussion seems to have gone into the weeds about WHY someone
would want to make a change and whether Debian is able to make such
changes reasonably.


On Mon, 30 Jan 2006, Frank Küster wrote:

Well, only in part.  A font that you can't rely on is mostly useless...


I assume the you in this sentence is a hapless user of a system whose 
software she does not control/understand, not the person wishing to make 
and distribute changes to the font.  Correct me if this is an incorrect 
reading.


A license that tries to protect a user from an incompetent 
developer/distributor/sysadmin is going to be non-free.  There's really no 
way around this.  The only way to be free is to allow a true fork 
of the software, which means a dropin replacement, even if the 
licensor disapproves.



What ever happenened to the LaTex license, by the way?  That had the
same non-freeness.


You seem to have a different opinion on this as the debian-legal people
who negotiated with the LaTeX project and together developped the LPPL
version 1.3.  In this version, the requirement to change file names (or
LaTeX package names) was dropped, probably because it was regarded as
too non-free, whereas it was decided that any changed version should
indicate that it was changed in the version string that is (or to some
degree only will be) part of the API.


Hmm.  I claim that it is a mistake for Debian to consider something free 
if it requires binary incompatibility to distribute a modified version. 
Version strings are a funny edge-case, where if they're normally just 
human-readable information with no programmatic effect I can live with it, 
but when it becomes common to programmatically read them and behave 
differently, then it's part of the API and must be modifiable (or not) 
without restriction.


It's possible that Debian made a mistake if that's what LaTeX does with 
these strings.  Wouldn't be the first time.



It seems a clear test: if I can't distribute a changed version that
can be dropped into a system without changing other software,
it ain't free.



You can never distribute a bugfixed version of a font with the same name
(identifiers, ...) and, without changing other software, get the same
system behavior.  That's not a question of freeness, it's a technical
problem.


No, the intent is to get DIFFERENT system behavior by changing the free 
component, without changing other software or documents.  That's the 
freedom I'm worried about here.  Though the ability to get the same 
behavior is there too (perhaps a performance fix or other 
result-compatible implementation change), it's just a special case of the 
real freedom to make changes.

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

Re: OFL license analysis

2006-01-29 Thread Marco d'Itri
[EMAIL PROTECTED] wrote:

 Anyway, as you can see there is basically one problematic clause for
 inclusion in Debian, and a few other minor issues that should probably
 be resolved before font authors start using this license. 

Are you sure the naming clause is really that problematic for inclusion
in Debian?
I see no reason to believe that DFSG #4 forbids such a clause.

-- 
ciao,
Marco


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Re: OFL license analysis

2006-01-29 Thread Marco d'Itri
[EMAIL PROTECTED] wrote:

What you're trying to prevent is clear, it's just not necessary to use
a license to do this. Consider the following: Debian decides to
distribute works containing your font. The original upstream
disappears. A bug is discovered in the font, and Debian needs to fix
it. We can no longer distribute a fixed version of the font that
interoperates seamlessly with existing user's documents because we're
required to change the name of the font.
Yes, and this is considered a feature.
Usually existing documents should not break because a font is changed,
even if this fixes a bug.

In the case where we introduce a change that breaks the end-user
documents, end-users are (hopefully) intelligent enough to realize
that they've gotten a version that is broken, and go about tracking
down the version that they actually want.
You cannot install at the same time two fonts with the same name, and
anyway you should not force users to do this.

-- 
ciao,
Marco


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Re: OFL license analysis

2006-01-29 Thread Don Armstrong
On Sun, 29 Jan 2006, Marco d'Itri wrote:
 [EMAIL PROTECTED] wrote:
  Debian decides to distribute works containing your font. The
  original upstream disappears. A bug is discovered in the font, and
  Debian needs to fix it.

 Yes, and this is considered a feature. Usually existing documents
 should not break because a font is changed, even if this fixes a
 bug.

The same argument applies equally well to programs. We should be
intelligent enough in our fixing of bugs in fonts not to break
existing documents, just like we should be intelligent enough in our
fixing of bugs in programs not to break existing scripts.

We've proven in the past to be quite capable of doing that, at least
in most cases. [When we're not, we have the ability to determine which
is the proper course of action: breaking compatibility or living with
the bug.]

  In the case where we introduce a change that breaks the end-user
  documents, end-users are (hopefully) intelligent enough to realize
  that they've gotten a version that is broken, and go about
  tracking down the version that they actually want.

 You cannot install at the same time two fonts with the same name,
 and anyway you should not force users to do this.

You can't install two programs with the same name either. [Before
anyone bothers to tell me about $PATH, the same argument applies to
fonts as well.]

In any event, we're not just talking about the mere renaming of a file
that DFSG #4 allows; the clause in question goes much farther than
that.


Don Armstrong

-- 
DIE!
 -- Maritza Campos http://www.crfh.net/d/20020601.html

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


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Re: OFL license analysis

2006-01-29 Thread Mark Rafn

[EMAIL PROTECTED] wrote:

Debian decides to distribute works containing your font. The
original upstream disappears. A bug is discovered in the font, and
Debian needs to fix it.



On Sun, 29 Jan 2006, Marco d'Itri wrote:

Yes, and this is considered a feature. Usually existing documents
should not break because a font is changed, even if this fixes a
bug.


On Sun, 29 Jan 2006, Don Armstrong wrote:

The same argument applies equally well to programs. We should be
intelligent enough in our fixing of bugs in fonts not to break
existing documents, just like we should be intelligent enough in our
fixing of bugs in programs not to break existing scripts.


This discussion seems to have gone into the weeds about WHY someone 
would want to make a change and whether Debian is able to make such 
changes reasonably.


It doesn't matter to the free-ness of a package licensed this way whether 
Debian can or will be a good citizen.  If I can't make any changes I like, 
including nasty, stupid, ugly breakages, and distribute the result, it's 
non-free.  Name-change requirements are acceptible (barely) on the package 
name, but not API identifiers, and that includes filenames that are part 
of an API.


It seems a clear test: if I can't distribute a changed version that 
can be dropped into a system without changing other software,

it ain't free.

What ever happenened to the LaTex license, by the way?  That had the 
same non-freeness.

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


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Re: OFL license analysis

2006-01-29 Thread Glenn Maynard
On Sun, Jan 29, 2006 at 04:04:44PM -0800, Mark Rafn wrote:
 It seems a clear test: if I can't distribute a changed version that 
 can be dropped into a system without changing other software,
 it ain't free.

I'd take this just a little further, in that the user shouldn't have to
change his behavior, either.  Filenames are part of the interface to
the user, when they're binaries in the path (or symlinks to them,
eg. alternatives).

I seem to recall some renaming clauses that said don't name the binary
'foo', which went too far.  (It's always a danger sign when licenses
start talking at so technical a level as to mention things like
filenames at all.)

-- 
Glenn Maynard


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Re: OFL license analysis

2006-01-28 Thread Nicolas Spalinger
 [snip]

 First off; while I am a Debian Developer, and do have some experience
 in auditing licenses for DFSG compliance, I can't make any claims one
 way or another as to whether software licensed under such a license
 will be acceptable for inclusion in main (main being the part of the
 Debian archive where software that is actually a part of the Debian
 distribution is kept; contrib and non-free are distributed by Debian,
 but are not part of the distribution. All works in main are believed
 to satisfy the DFSG.) That responsibility lies with the ftp-masters, a
 group of Debian Developers who are responsible for the content of the
 archive.

Hi Don,

Thanks for your feedback on the Open Font License.


  Permission is hereby granted, free of charge, to any person
  obtaining a copy of the Font Software, to use, study, copy,
  merge, embed, modify, redistribute, and sell modified and
  unmodified copies of the Font Software, subject to the following
  conditions:
 
  1) Neither the Font Software nor any of its individual
  components, in Standard or Modified Versions, may be sold by
  itself.
 
 This is likely to be DFSG free, as anyone can trivially bundle the
 font with something else that can be sold and sell it. However, adding
 this sort of clause to the license, especially in light of the clause
 above, where we are granted Permission [..] to [...] sell modified
 and unmodified copies of the font software. This dissonance is rather
 peculiar.

This small restriction is needed for cultural reasons within the
typography community but is designed to be easily circumventable to
allow wide packaging and distribution so Debian and other distros can
include the fonts in offline or online repositories. It's really no
different than the terms used for the Vera font family which have been
deemed DFSG-free, included in main and used by default for some time
now. It satisfies the requirements of DFSG #1.


  3) No Modified Version of the Font Software may use the Reserved
  Font Name(s), in part or in whole, unless explicit written
  permission is granted by the Copyright Holder. This restriction
  applies to all references stored in the Font Software, such as
  the font menu name and other font description fields, which are
  used to differentiate the font from others.
 
 Limited naming restrictions are permitted by DFSG §4. However, the
 naming restriction above is significantly more broad than the naming
 restriction that DFSG §4 was written to allow. (Earlier versions of
 the LaTeX Project Public License required renaming the filenames of
 modified versions so that they wouldn't conflict; that restriction has
 since been removed.) As such, it's likely that this clause will
 restrict the inclusion of works which have Reserved Font Names in
 Debian.

This restriction only concerns the name of the font as it appears in a
font menu and not the actual names of the files like in the older LPPL
requirement you are referring to. The goal of the OFL is to avoid naming
conflicts so that documents actually render as expected but it doesn't
impose any of the special requirements of the Latex License.

Here's what OFL FAQ entry 2.8 says:

Users who install derivatives (Modified Versions) on their systems
should not see any of the original names (Reserved Font Names) in
their font menus, font properties dialogs, PostScript streams, documents
that refer to a particular font name, etc. Again, this is to ensure that
users are not confused and do not mistake a font for another and so
expect features only another derivative or the Standard Version can
actually offer. Ultimately, creating name conflicts will cause many
problems for the users as well as for the designer of both the Standard
and derivative versions, so please think ahead and find a good name for
your own derivative. Font substitution systems like fontconfig,
OpenOffice.org or Scribus will also get very confused if the name of the
font they are configured to substitute to actually refers to another
physical font on the user's hard drive. It will help everyone if
Standard and derivative fonts can easily be distinguished from one
another, and from other derivatives.

Basically, it's about keeping the namespace sane while allowing
branching and merging for font designers and - more importantly -
avoiding a big messy breakage of end-user documents.


 Beyond the mere DFSG Freeness issues of this clause, it also has a few
 practical problems, as in part or in whole appears to preclude the
 use of any part of the font name in a derivative version. [Taken to an
 insane extreme, if the font was named 'abc', a derivative 'bad' would
 contain the name in part, thus violating the license.] Nathanael
 Nerode pointed this out as well in the discussion on debian-legal in
 December.[1]

Yes, this is an area of possible ambiguity - indeed an extreme case -
that we're looking at clarifying in future refinements of the 

Re: OFL license analysis

2006-01-28 Thread Don Armstrong
On Sat, 28 Jan 2006, Nicolas Spalinger wrote:
   Permission is hereby granted, free of charge, to any person
   obtaining a copy of the Font Software, to use, study, copy,
   merge, embed, modify, redistribute, and sell modified and
   unmodified copies of the Font Software, subject to the following
   conditions:
  
   1) Neither the Font Software nor any of its individual
   components, in Standard or Modified Versions, may be sold by
   itself.
  
  This is likely to be DFSG free, as anyone can trivially bundle the
  font with something else that can be sold and sell it. However, adding
  this sort of clause to the license, especially in light of the clause
  above, where we are granted Permission [..] to [...] sell modified
  and unmodified copies of the font software. This dissonance is rather
  peculiar.
 
 This small restriction is needed for cultural reasons within the
 typography community but is designed to be easily circumventable to
 allow wide packaging and distribution so Debian and other distros
 can include the fonts in offline or online repositories. It's really
 no different than the terms used for the Vera font family which have
 been deemed DFSG-free, included in main and used by default for some
 time now. It satisfies the requirements of DFSG #1.

The DFSG freeness of the clause isn't the point of my comment; the
point was that the restriction was almost useless, as it could be
bundled with a README file and then sold. From this is seems clear
that the typography community isn't too interested in restricting
their work's sale, which is why I questioned the clause's inclusion on
general grounds. Furthermore, it also conflicts with the language
immediately preceeding this clause, where we are granted Permission
[..] to [...] sell modified and unmodified copies of the font
software, as we aren't actually allowed to sell them.

   3) No Modified Version of the Font Software may use the
   Reserved Font Name(s), in part or in whole, unless explicit
   written permission is granted by the Copyright Holder. This
   restriction applies to all references stored in the Font
   Software, such as the font menu name and other font
   description fields, which are used to differentiate the font
   from others.
  
  Limited naming restrictions are permitted by DFSG §4. However, the
  naming restriction above is significantly more broad than the
  naming restriction that DFSG §4 was written to allow. [...] As
  such, it's likely that this clause will restrict the inclusion of
  works which have Reserved Font Names in Debian.
 
 This restriction only concerns the name of the font as it appears in
 a font menu and not the actual names of the files [...]. The goal of
 the OFL is to avoid naming conflicts so that documents actually
 render as expected but it doesn't impose any of the special
 requirements of the Latex License.

That may be the intent, but the way the clause is written makes it
read as I have indicated, as the filenames of the fonts themselves are
references stored in the Font Software; indeed any mention of the
Reserved Font Name(s) in part or in whole in the Font Software
appears to be verboten by this clause.

 Here's what OFL FAQ entry 2.8 says:

[...]

The OFL FAQ explains the intentions of the drafter of the license;
unfortunatly, the drafters of the OFL are not necessarily the
copyright holders who will be enforcing the licence. As such, the FAQ
is basically useless in terms of -legal's analysis of works under such
a license.

 Basically, it's about keeping the namespace sane while allowing
 branching and merging for font designers and - more importantly -
 avoiding a big messy breakage of end-user documents.

What you're trying to prevent is clear, it's just not necessary to use
a license to do this. Consider the following: Debian decides to
distribute works containing your font. The original upstream
disappears. A bug is discovered in the font, and Debian needs to fix
it. We can no longer distribute a fixed version of the font that
interoperates seamlessly with existing user's documents because we're
required to change the name of the font.

In the case where we introduce a change that breaks the end-user
documents, end-users are (hopefully) intelligent enough to realize
that they've gotten a version that is broken, and go about tracking
down the version that they actually want.

  Beyond the mere DFSG Freeness issues of this clause, it also has a few
  practical problems, as in part or in whole appears to preclude the
  use of any part of the font name in a derivative version. [Taken to an
  insane extreme, if the font was named 'abc', a derivative 'bad' would
  contain the name in part, thus violating the license.] Nathanael
  Nerode pointed this out as well in the discussion on debian-legal in
  December.[1]
 
 Yes, this is an area of possible ambiguity - indeed an extreme case -
 that we're looking at clarifying in 

Re: OFL license analysis

2006-01-28 Thread Glenn Maynard
On Sat, Jan 28, 2006 at 09:35:33PM +0100, Nicolas Spalinger wrote:
   3) No Modified Version of the Font Software may use the Reserved
   Font Name(s), in part or in whole, unless explicit written
   permission is granted by the Copyright Holder. This restriction
   applies to all references stored in the Font Software, such as
   the font menu name and other font description fields, which are
   used to differentiate the font from others.
  
  Limited naming restrictions are permitted by DFSG §4. However, the
  naming restriction above is significantly more broad than the naming
  restriction that DFSG §4 was written to allow. (Earlier versions of
  the LaTeX Project Public License required renaming the filenames of
  modified versions so that they wouldn't conflict; that restriction has
  since been removed.) As such, it's likely that this clause will
  restrict the inclusion of works which have Reserved Font Names in
  Debian.
 
 This restriction only concerns the name of the font as it appears in a
 font menu and not the actual names of the files like in the older LPPL
 requirement you are referring to. 
 The goal of the OFL is to avoid naming
 conflicts so that documents actually render as expected

That's impossible to accomplish in a copyright license.  I can take a
completely unrelated font, rename it to your font name, and release it.
Your copyright license can do nothing, since the font I'm using is not
under that license.

It takes a trademark to do this; copyright is ill-suited for it.  (But,
copyright licenses are free to try--within reasonable limits.)

 Users who install derivatives (Modified Versions) on their systems
 should not see any of the original names (Reserved Font Names) in
 their font menus, font properties dialogs, PostScript streams, documents
 that refer to a particular font name, etc. Again, this is to ensure that

Font metadata might list similar fonts, to show in a dialog Fonts
that look similar to   This license prohibits this, since it says
I can't use the original name *at all* in the derived version.

It might also have metadata that says if you need a glyph that isn't
present here, try getting it from the font named   The license also
prohibits this.  (This isn't contrived; I've implemented a simple bitmap
font system that did this.)

I believe restricting these things is beyond what DFSG#4 allows.

 The in part is really meant to cover the case when there are various
 words used in reserved font names. If Foo and Org are both are RFN
 for the font Foo Org, any designer can branch and create his
 derivative but calling it Bar Org or Foo Inc is not allowed. The
 unit to consider here is the word and not the letter.

If a font name is Times Roman, I can't create a derivative named
Glenn Roman; worse, if it's Times New Roman, I can't name it Glenn's
New Font?

Again, trademark handles this much more gracefully, since it already has
well-established mechanisms in place for determining things like
confusingly similar.  Trying to replicate this in a copyright license
really isn't going to work.

-- 
Glenn Maynard


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