Re: The legality of cdrecord

2007-11-18 Thread Claus Färber
John Halton [EMAIL PROTECTED] schrieb/wrote:
 As has been said already, the GPL does allow non-GPL code to appear in
 GPL projects, but it requires that code then to be distributed under
 the GPL.

Actually, the later is not completly true.

The _author_ of the GPL code is not able to violate his own copyright.
Therefore, he does not if he adds code not distributable under the GPL.
Unless the license of the non-GPL code prohibits this combination,
everything is ok for him.

By doing this, the author also implicitly gives a license that contains
an exception to the GPL, which allows distributing the resulting
binaries. The code actually is under a GPL-with-exception license.

Of course, this has some implications:

. The license grant is incorrectly worded as it's missing the implicit
  exception. This is very confusing. Better add an explicit exception
  notice.

. Distributing binaries built from modified source (or built by other
  persons) may or may not be allowed, depending on the venue.
  This means the software fails to meet the DFSG. Only an explicit
  exception notice that grants that right can remedy that.

. GPL code from third parties can't be included because its license
  lacks the exception necessary to distribute binaries. (NB: The source
  code might still be distributable as seperate packages.)
  The software can still meet the DFSG, its license is just incompatible
  with the GPL.

Claus



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Re: The legality of cdrecord

2007-11-18 Thread John Halton
On Thu, Nov 08, 2007 at 04:24:00PM +0100, Claus Färber wrote:
 The _author_ of the GPL code is not able to violate his own
 copyright. Therefore, he does not if he adds code not distributable
 under the GPL. Unless the license of the non-GPL code prohibits this
 combination, everything is ok for him.

Agreed. I was referring to downstream modifiers of the original code
(which is the context here) but should have made that clearer. 

 By doing this, the author also implicitly gives a license that
 contains an exception to the GPL, which allows distributing the
 resulting binaries. The code actually is under a GPL-with-exception
 license.

Hmm. That's _possible_, but I'm not sure I'd want to rely on it. Can
you give an example of a situation in which an implicit exception has
been relied upon in this way in a free software context?

I don't think a court would imply additional terms where the express
terms - GPL - are clear and complete, just because an attempt to
exercise some of the rights under that licence would violate rights in
third-party software under a different licence. This is especially
true given the complexity of the implied term (the source code for
this software includes code licensed under the CDDL, and such code is
distributed under the CDDL and not the GPL). In English law terms,
I'm not sure this passes the officious bystander, oh, of course!
test.[1]

And in any case, I'm not sure it would be particularly desirable if
that approach were followed. It would allow people to drive a coach
and horses through the GPL by just saying implied exception!
whenever a licensing conflict came up.

John

(TINLA)

[1] See http://www.glossaryofmanufacturing.com/o.html#Of for a good
explanation of this.


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Re: The legality of cdrecord

2007-11-10 Thread Josselin Mouette
Le samedi 10 novembre 2007 à 12:35 +0100, Joerg Schilling a écrit :
   The GPL explicitely allows to use code under other licenses from GPL code.
 
  No, it does not. If you think it does, please point the line where it
  explicitly allows it.
 
 Well, _I_ did already explain why this is the case. You did not give any 
 evidence for your claim.
 
 GPL §2b) verifies that the GPL is asymmetric.

The fact that you don't understand what derived work means is
irrelevant to this discussion.

 http://www.usfca.edu/law/determann/softwarecombinations060403.pdf
 verifies that GPL §2b) is asymmetric.

After reading such basic, giant misunderstandings like:
The GPL does not prohibit licensees from charging money for
selling software copies. However, the GPL itself already
provides everyone with a license free of charge. As a result,
licensees have no realistic chances to commercialize their
copyrights in works that they “derive” from GPLed code.
I will not read any further this document, sorry. You will have to back
up your claims with people who know what they are talking about.

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Re: The legality of cdrecord

2007-11-10 Thread Joerg Schilling
Josselin Mouette [EMAIL PROTECTED] wrote:

 Le mardi 06 novembre 2007 à 22:10 +0100, Joerg Schilling a écrit :
  Don't belive a site that publishes an incorrect FAQ for their own license.
  Don't believe people who make inappropriate generalisations.
  Don't believe people who do not discuss specific license problems.

 And above all, don't believe Joerg Schilling, like when he says:

Don't believe people who try to be demagogic and don't give evidence
for their claims!

  The GPL explicitely allows to use code under other licenses from GPL code.

 No, it does not. If you think it does, please point the line where it
 explicitly allows it.

Well, _I_ did already explain why this is the case. You did not give any 
evidence for your claim.

GPL §2b) verifies that the GPL is asymmetric.

http://www.usfca.edu/law/determann/softwarecombinations060403.pdf

verifies that GPL §2b) is asymmetric.

If you have problems to understand the asymmetric nature of the GPL, try to 
first understand the difference between:

1)  There is water in the bucket

2)  The bucket is in water

Jörg

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Re: The legality of cdrecord

2007-11-10 Thread Joerg Schilling
Josselin Mouette [EMAIL PROTECTED] wrote:

 Le vendredi 09 novembre 2007 à 11:59 +0100, Joerg Schilling a écrit :
  Please first rething the rest of your text as you did base your claims
  in a way that misses the fact that the GPL makes a clear difference between
  the work and the whole source. GPL licensing only applies to the work.

 Yes, and it considers the work as a whole. That includes any libraries
 that are required to make it run and scripts that are required to make
 it build.

WRONG!

Ask Eben MOglen for help in case you did not understand the GPL.
He did explain that you are wrong at the press conference for the
first GPLv3 draft.

Jörg

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Re: The legality of cdrecord

2007-11-10 Thread Josselin Mouette
Le samedi 10 novembre 2007 à 12:51 +0100, Joerg Schilling a écrit :
 A GPL work that uses a CDDL library _may_ be a derived work from the CDDL 
 library. The CDDL library is definitely not a derived work of it's uers.

Of course. But the *combined work* that is constituted by the CDDL
library and the GPL program is derived from *both*. And you cannot
distribute it because it has incompatible requirements.

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Re: The legality of cdrecord

2007-11-10 Thread Joerg Schilling
Josselin Mouette [EMAIL PROTECTED] wrote:

 Le jeudi 08 novembre 2007 à 11:15 +0100, Joerg Schilling a écrit :
  John Halton [EMAIL PROTECTED] wrote:
   As has been said already, the GPL does allow non-GPL code to appear in
   GPL projects, but it requires that code then to be distributed under
   the GPL. But to do so may infringe the licence for that non-GPL code.
  
  This is a false claim! The GPL does not require to change the license of 
  such
  other code and any lawyer would laugh on you as this would be illegal.

 The GPL cannot of course change the license of some other code. However,
 if that other code isn't under the GPL, you cannot link to it. It is as
 simple as that. If the author wanted to allow that, he would have chosen
 the LGPL. And the fact that you can *technically* link GPL code to
 GPL-incompatible code doesn't make it more legal.

The first sentence is correct, all conclusions are of course wrong.

BTW: it is obvious that even RMS concurs with me because he did not sue
Veritas for publishing a modified version of GNU tar.

This Veritas variant of GNU tar:

-   comes with makefiles and a few inline modification in the GNU tar
original source

-   Needs some libraries that are not under GPL in order to link

-   These libraries are _not_ part of the work as they have been
written for another purpose.

-   These libraries are not published in source but binary only.

-   GPL §3 explains that there is a difference between the work and
executable work. For the latter you need only to suply everything
to reproduce the binary.

P.S. This is why cdrtools is GPL compliant but the fork cdrkit is 
not. cdrkit does not include the cmake program.

Jörg

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Re: The legality of cdrecord

2007-11-10 Thread Joerg Schilling
Josselin Mouette [EMAIL PROTECTED] wrote:

 Le vendredi 09 novembre 2007 à 11:14 +0100, Joerg Schilling a écrit :
  Other code that is not derived from the GPL code is not part of the work:
  
  -   You do not need to put non-derived code under the GPL.

 You are basing all of your reasoning on the assumption that a program
 that uses a library isn't a derived work of the library. Which is
 technically wrong and would never hold in front of a court.

You are confused and don't seem to have problems to understand complex cases
where the _direction_ is important.



A GPL work that uses a CDDL library _may_ be a derived work from the CDDL 
library. The CDDL library is definitely not a derived work of it's uers.

Jörg

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Re: The legality of cdrecord

2007-11-10 Thread Joerg Schilling
Josselin Mouette [EMAIL PROTECTED] wrote:

 Le samedi 10 novembre 2007 à 12:35 +0100, Joerg Schilling a écrit :
The GPL explicitely allows to use code under other licenses from GPL 
code.
  
   No, it does not. If you think it does, please point the line where it
   explicitly allows it.
  
  Well, _I_ did already explain why this is the case. You did not give any 
  evidence for your claim.
  
  GPL §2b) verifies that the GPL is asymmetric.

 The fact that you don't understand what derived work means is
 irrelevant to this discussion.

If you continue to missunderstand the term derived work, you don't
seem to be a suited discussion partner.

  http://www.usfca.edu/law/determann/softwarecombinations060403.pdf
  verifies that GPL §2b) is asymmetric.

 After reading such basic, giant misunderstandings like:
 The GPL does not prohibit licensees from charging money for
 selling software copies. However, the GPL itself already
 provides everyone with a license free of charge. As a result,
 licensees have no realistic chances to commercialize their
 copyrights in works that they ???derive??? from GPLed code.
 I will not read any further this document, sorry. You will have to back
 up your claims with people who know what they are talking about.

If you have such basic missunderstandings, you should first start with 
some basic GPL reading...

Jörg

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Re: The legality of cdrecord

2007-11-10 Thread Joerg Schilling
Josselin Mouette [EMAIL PROTECTED] wrote:

 Le samedi 10 novembre 2007 à 12:51 +0100, Joerg Schilling a écrit :
  A GPL work that uses a CDDL library _may_ be a derived work from the CDDL 
  library. The CDDL library is definitely not a derived work of it's uers.

 Of course. But the *combined work* that is constituted by the CDDL
 library and the GPL program is derived from *both*. And you cannot
 distribute it because it has incompatible requirements.

You justz vefied again that you did not yet understand the GPL and Urheberrecht.

The work is the source of the program only.

The executable work is not under GPL. The rules in GPL §3 only require 
only to allow users to be able to reproduce the binary.

Jörg

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Re: The legality of cdrecord

2007-11-09 Thread Joerg Schilling
John Halton [EMAIL PROTECTED] wrote:

 On Thu, Nov 08, 2007 at 01:21:25PM +0100, Alexander Terekhov wrote:
  On 11/8/07, Joerg Schilling [EMAIL PROTECTED] wrote:
   John Halton [EMAIL PROTECTED] wrote:
As has been said already, the GPL does allow non-GPL code to
appear in GPL projects, but it requires that code then to be
distributed under the GPL. But to do so may infringe the licence
for that non-GPL code.
  
   This is a false claim! The GPL does not require to change the
   license of such other code and any lawyer would laugh on you as
   this would be illegal.

 To clarify: it's not that the GPL requires you to change the licence
 of other code. It is that the GPL requires certain code (derivative
 works, build scripts necessary to compile the software) to be licensed
 under the GPL.

You need to reread the GPL to understand it correctly:

The GPL requires to publish all from the work to be published under the 
GPL but not more. 

-   The build scripts in many cases are not part of the work.
This is true for all software that e.g. uses autoconf.
This is true for all software that usees other independent
build software.
This is true in the cdrtools case.

Your misunderstanding is that you did not grok the fact that the GPL
distinguishes between the work and the whole source. 

-   the work needs to be under GPL

-   The GPL does not require _anyting_ for the other parts that are 
needed to create the whole source except that it needs to be 
published. 


Other code that is not derived from the GPL code is not part of the work:

-   You do not need to put non-derived code under the GPL.


[ the rest of your claims is just a flollow up mistake ]


Jörg

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Re: [Bulk] Re: The legality of cdrecord

2007-11-09 Thread Joerg Schilling
STYLIANOU Konstantinos [EMAIL PROTECTED] wrote:

 People,

 Excuse me for braking into this conversation of yours, but I believe 
 this exchange of wit between you does not serve the interests of this 
 lists anymore. Representing only myself, I would kindly ask you not to 
 flood the list any more, because it is getting annoying. I am sure you 
 are both very well acquainted with the netiquette.

Please to not send this kind of mail as long as there are useful contributions.

Jörg

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Re: The legality of cdrecord

2007-11-09 Thread Joerg Schilling
John Halton [EMAIL PROTECTED] wrote:

 On Thu, Nov 08, 2007 at 08:44:56PM +0100, Alexander Terekhov wrote:
  On 11/8/07, John Halton [EMAIL PROTECTED] wrote:
  [...]
   Of course, that still leaves the question of whether the CDDL code is
   being used in such a way that the GPL would require it to be licensed
   under the GPL. I'm not in a position to comment on that either way,
   but the majority consensus seems to be yes.
  
  When calculating the the majority consensus on that being a yes
  are you using Bayesian probability theory or is it just an epistemic
  community mindset sort of thing?

 OK, fair point, I should have ended that last sentence at the comma.

Please first rething the rest of your text as you did base your claims
in a way that misses the fact that the GPL makes a clear difference between
the work and the whole source. GPL licensing only applies to the work.


Jörg

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Re: The legality of cdrecord

2007-11-09 Thread Simon Josefsson
[EMAIL PROTECTED] (Joerg Schilling) writes:

 The GPL requires to publish all from the work to be published under the 
 GPL but not more. 

 - The build scripts in many cases are not part of the work.
   This is true for all software that e.g. uses autoconf.
   This is true for all software that usees other independent
   build software.
   This is true in the cdrtools case.

 Your misunderstanding is that you did not grok the fact that the GPL
 distinguishes between the work and the whole source. 

 - the work needs to be under GPL

 - The GPL does not require _anyting_ for the other parts that are 
   needed to create the whole source except that it needs to be 
   published. 

I believe the above interpretation is mistaken.  See the recent
http://www.fsf.org/licensing/licenses/quick-guide-gplv3.html.  It
says, regarding both GPL version 2 and version 3:

  Both versions of the GPL require you to provide all the source
  necessary to build the software, including supporting libraries,
  compilation scripts, and so on.

If you want to convince anyone that your interpretation is correct, and
apparently that the FSF is incorrect, I believe you need to make a
better case.  How about writing up a web page that discuss your entire
position with quotes from the relevant licenses?  Then it would be
easier to understand things and discuss this further.

/Simon


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Re: The legality of cdrecord

2007-11-09 Thread Joerg Schilling
Simon Josefsson [EMAIL PROTECTED] wrote:

 [EMAIL PROTECTED] (Joerg Schilling) writes:

  The GPL requires to publish all from the work to be published under the 
  GPL but not more. 
 
  -   The build scripts in many cases are not part of the work.
  This is true for all software that e.g. uses autoconf.
  This is true for all software that usees other independent
  build software.
  This is true in the cdrtools case.
 
  Your misunderstanding is that you did not grok the fact that the GPL
  distinguishes between the work and the whole source. 
 
  -   the work needs to be under GPL
 
  -   The GPL does not require _anyting_ for the other parts that are 
  needed to create the whole source except that it needs to be 
  published. 

 I believe the above interpretation is mistaken.  See the recent
 http://www.fsf.org/licensing/licenses/quick-guide-gplv3.html.  It
 says, regarding both GPL version 2 and version 3:

   Both versions of the GPL require you to provide all the source
   necessary to build the software, including supporting libraries,
   compilation scripts, and so on.

Thank you for proving that I am 100% correct!

The GPL does require you to provide everything that is needed but it does
_not_ require to put more than the work under GPL.


Jörg

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Re: The legality of cdrecord

2007-11-09 Thread Benjamin M. A'Lee
On Fri, Nov 09, 2007 at 02:05:05PM +0100, Joerg Schilling wrote:
 Simon Josefsson [EMAIL PROTECTED] wrote:
  I believe the above interpretation is mistaken.  See the recent
  http://www.fsf.org/licensing/licenses/quick-guide-gplv3.html.  It
  says, regarding both GPL version 2 and version 3:
 
Both versions of the GPL require you to provide all the source
necessary to build the software, including supporting libraries,
compilation scripts, and so on.
 
 Thank you for proving that I am 100% correct!
 
 The GPL does require you to provide everything that is needed but it does
 _not_ require to put more than the work under GPL.

I can't imagine how you came to this conclusion, as the quoted section states
quite the opposite - you need to include the compilation scripts, whether or
not you consider them to be part of the work.

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Re: The legality of cdrecord

2007-11-09 Thread Olive



Please first rething the rest of your text as you did base your claims
in a way that misses the fact that the GPL makes a clear difference between
the work and the whole source. GPL licensing only applies to the work.



I do not know if you are right or not but it is not what matter. Debian 
and other distributor may distribute a forked version for whatever 
reason even for a bad one. I do not believe you will succeed to make 
Debian change their opinion. So would it be so difficult for you to 
change the license in other to satisfy Debian (and other Linux 
distributor)? I think it is the only way you can hope they reconsider 
the inclusion of cdrtool.


Olive


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Re: The legality of cdrecord

2007-11-09 Thread Marc Haber
On Fri, 09 Nov 2007 08:27:55 +1100, Ben Finney
[EMAIL PROTECTED] wrote:
For those following along with this thread, Jörg has either chosen not
to respond to Message-ID: [EMAIL PROTECTED]
URL:http://mid.gmane.org/[EMAIL PROTECTED], or is not
reading the list in which this discussion is taking place. Either of
which are his own problem to fix.

From his appearance on debian-user-german, I guess that he is not
reading this list and expects to be Cced without explicitly asking for
it.

Greetings
Marc

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Re: [debian-legal] The legality of cdrecord

2007-11-09 Thread John Halton
Yes, I apologised to Joerg at one point for cc-ing him as well as the
list and he said that's what he wanted anyway.

John

On 09/11/2007, Marc Haber [EMAIL PROTECTED] wrote:
 On Fri, 09 Nov 2007 08:27:55 +1100, Ben Finney
 [EMAIL PROTECTED] wrote:
 For those following along with this thread, Jörg has either chosen not
 to respond to Message-ID: [EMAIL PROTECTED]
 URL:http://mid.gmane.org/[EMAIL PROTECTED], or is not
 reading the list in which this discussion is taking place. Either of
 which are his own problem to fix.

 From his appearance on debian-user-german, I guess that he is not
 reading this list and expects to be Cced without explicitly asking for
 it.

 Greetings
 Marc

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Re: The legality of cdrecord

2007-11-09 Thread Joerg Schilling
I do not know if you are right or not but it is not what matter. Debian 
and other distributor may distribute a forked version for whatever 
reason even for a bad one. I do not believe you will succeed to make 

I get the impression that you are not aware of the real problem.

There is no license problem in cdrtools and this has been discussed ad nauseum.
A few outsiders claim there are problems but they constantly fail to prove 
their claims. This discussion is not different from others. It did not bring
any prove for a problem. The people who claim that there are problems should
finally admit that there are no known problems and stop the FUD against the
true OSS project cdrtools.




there is a problem in wodim.

The GPL and the Urheberrecht both forbid to publish modified versions that
harm the reputation of the Author. The Debian fork is full of extreme bugs
and many people are thus completely unable to use the fork at all.
You should be aware of the possibility that I (as the Author) could disallow 
publikshing the fork.



Debian change their opinion. So would it be so difficult for you to 
change the license in other to satisfy Debian (and other Linux 
distributor)? I think it is the only way you can hope they reconsider 
the inclusion of cdrtool.

This kind of blackmail attempts have been send to me more than once.

Cdrtools uses a license that is widely accepted as true OpenSource and
even the official Debian statement is that the CDDL is obviously free.

Jörg

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Re: The legality of cdrecord

2007-11-09 Thread Olive


The GPL and the Urheberrecht both forbid to publish modified versions that
harm the reputation of the Author. The Debian fork is full of extreme bugs
and many people are thus completely unable to use the fork at all.
You should be aware of the possibility that I (as the Author) could disallow 
publikshing the fork.


Please don't tell me that I should be aware; I have nothing to do with 
the fork, so see with authors of wodim.



This kind of blackmail attempts have been send to me more than once.


I have nothing to do with Debian so I do not like to blackmail you. I 
simply do not really understand what you are hoping for. The page of 
cdrkit does not claim that cdrtools are non free; they just say that it 
is an independent project not affiliated with the original author of 
cdrtools of which they are derived. That is definitively allowed by the 
GPL and I do not see how it can harm your reputation.


Olive


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Re: The legality of cdrecord

2007-11-09 Thread Josselin Mouette
Le mardi 06 novembre 2007 à 22:10 +0100, Joerg Schilling a écrit :
 Don't belive a site that publishes an incorrect FAQ for their own license.
 Don't believe people who make inappropriate generalisations.
 Don't believe people who do not discuss specific license problems.

And above all, don't believe Joerg Schilling, like when he says:

 The GPL explicitely allows to use code under other licenses from GPL code.

No, it does not. If you think it does, please point the line where it
explicitly allows it.

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RE: The legality of cdrecord

2007-11-09 Thread Josselin Mouette
Le jeudi 08 novembre 2007 à 11:07 -0800, Yuhong Bao a écrit :
 That is exactly why the code, not just the build scripts, are CDDL in
 current versions of cdrtools. Now the remaining problem is about the
 GPLed library that the CDDL mkisofs links to. Removing HFS support
 would solve this problem. Yuhong Bao

Maybe.

Unfortunately, the truth is that we don't care anymore. I don't know
anyone in the project who would now trust Jörg Schilling when it comes
to licensing or legal issues. And he has proved repeatedly to be
stubborn about technical issues which are important to our users.

Get over it. The cdrtools crap won't make it back in the archive.
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Re: The legality of cdrecord

2007-11-09 Thread Josselin Mouette
Le vendredi 09 novembre 2007 à 11:59 +0100, Joerg Schilling a écrit :
 Please first rething the rest of your text as you did base your claims
 in a way that misses the fact that the GPL makes a clear difference between
 the work and the whole source. GPL licensing only applies to the work.

Yes, and it considers the work as a whole. That includes any libraries
that are required to make it run and scripts that are required to make
it build.

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Re: The legality of cdrecord

2007-11-09 Thread Josselin Mouette
Le jeudi 08 novembre 2007 à 11:15 +0100, Joerg Schilling a écrit :
 John Halton [EMAIL PROTECTED] wrote:
  As has been said already, the GPL does allow non-GPL code to appear in
  GPL projects, but it requires that code then to be distributed under
  the GPL. But to do so may infringe the licence for that non-GPL code.
 
 This is a false claim! The GPL does not require to change the license of such
 other code and any lawyer would laugh on you as this would be illegal.

The GPL cannot of course change the license of some other code. However,
if that other code isn't under the GPL, you cannot link to it. It is as
simple as that. If the author wanted to allow that, he would have chosen
the LGPL. And the fact that you can *technically* link GPL code to
GPL-incompatible code doesn't make it more legal.

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Re: The legality of cdrecord

2007-11-09 Thread Josselin Mouette
Le vendredi 09 novembre 2007 à 11:14 +0100, Joerg Schilling a écrit :
 Other code that is not derived from the GPL code is not part of the work:
 
 - You do not need to put non-derived code under the GPL.

You are basing all of your reasoning on the assumption that a program
that uses a library isn't a derived work of the library. Which is
technically wrong and would never hold in front of a court.

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Re: The legality of cdrecord

2007-11-09 Thread Josselin Mouette
Le jeudi 08 novembre 2007 à 11:46 -0500, Steve Langasek a écrit :
 If you want my services as an English teacher, you'll
 have to ask me for a quote; otherwise, finding the errors in your logic is
 your problem, not mine.

Le jeudi 08 novembre 2007 à 17:55 +0100, Joerg Schilling a écrit :
 Is this because you need an English teacher or because you have problems 
 understaning  complex sentences? Anyway, ask someone in your vicinty for help!

A, it's so annoying when you think of something nice to say, just to
notice you could only think of it after reading it elsewhere a few
minutes before…

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Re: The legality of cdrecord

2007-11-09 Thread Josselin Mouette
Le vendredi 09 novembre 2007 à 21:28 +0100, Joerg Schilling a écrit :
 there is a problem in wodim.
 
 The GPL and the Urheberrecht both forbid to publish modified versions that
 harm the reputation of the Author. 

There is nothing like that in the GPL. It only forbids misrepresentation
of the Author's work.

 The Debian fork is full of extreme bugs
 and many people are thus completely unable to use the fork at all.
 You should be aware of the possibility that I (as the Author) could disallow 
 publikshing the fork.

Well, to do that, you would have to prove:
  * either that wodim is violating the license - which is not, it is
based on entirely GPL code and follows the GPL to the letter;
  * or that the wodim authors are violating the law - if they do, it
is surely not by misrepresenting your work.

The whole point of free software is to allow forks. If you can't accept
that, you'd better find another hobby.

Anyway, I would *love* to see you do attempting to forbid distribution
of cdrkit. If you lose, we will all have a good laugh. If you win, the
community would have to work on a new, free alternative that would force
us to finally get rid of your crappy code. In all cases, that's a big
win.

 Debian change their opinion. So would it be so difficult for you to 
 change the license in other to satisfy Debian (and other Linux 
 distributor)? I think it is the only way you can hope they reconsider 
 the inclusion of cdrtool.
 
 This kind of blackmail attempts have been send to me more than once.

You must deeply want to see cdrtools back in Debian if you think of such
requests as blackmail…

 Cdrtools uses a license that is widely accepted as true OpenSource and
 even the official Debian statement is that the CDDL is obviously free.

The Debian project also allows OpenSSL code and GPL code, but doesn't
accept mixing both without correct exceptions from the copyright
holders.

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Re: The legality of cdrecord

2007-11-09 Thread Michael Poole
Shriramana Sharma writes:

 Benjamin M. A'Lee wrote:
   Both versions of the GPL require you to provide all the source
   necessary to build the software, including supporting libraries,
   compilation scripts, and so on.
 Thank you for proving that I am 100% correct!

 The GPL does require you to provide everything that is needed but it does
 _not_ require to put more than the work under GPL.

 I can't imagine how you came to this conclusion, as the quoted section states
 quite the opposite - you need to include the compilation scripts, whether or
 not you consider them to be part of the work.

 Schilling has a point here. The GPL does not explicitly say that
 whatever puts the complete in complete source code must also be
 licensed under the same license as the source itself, i.e. under the
 GPL.

From GPLv2:

2(b): You must cause any work [that contains or is derived from the
Program] to be licensed as a whole at no charge to all third parties
under the terms of this License.  Later: These requirements apply to
the modified work as a whole.

3(a): Accompany it with the complete corresponding machine-readable
source code, which must be distributed under the terms of Sections 1
and 2 above[...].

The plainest reading is that the complete source code -- the work as a
whole, including build scripts -- must be licensed under the terms of
the GPL.  Reading it otherwise requires over-parsing the license or
picking things out of context.  To borrow a phrase, most of us do not
have the political clout to successfully argue that the truth depends
on what the meaning of 'is' is.

Michael Poole


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Re: The legality of cdrecord

2007-11-08 Thread Joerg Schilling
John Halton [EMAIL PROTECTED] wrote:


 category anyway. The question is whether those build scripts
 themselves can be distributed under the GPL (as required by the GPL),
 and the answer (as I understand it) is no, because that would breach
 the terms of the CDDL.

Please read the GPL:

The GPL does _not_ require the build scripts to be under GPL.
The GPL only requieres them to be distributed.

Jörg

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Re: The legality of cdrecord

2007-11-08 Thread Brett Parker
On Thu, Nov 08, 2007 at 12:27:56PM +0100, Joerg Schilling wrote:
 John Halton [EMAIL PROTECTED] wrote:
 
 
  category anyway. The question is whether those build scripts
  themselves can be distributed under the GPL (as required by the GPL),
  and the answer (as I understand it) is no, because that would breach
  the terms of the CDDL.
 
 Please read the GPL:
 
 The GPL does _not_ require the build scripts to be under GPL.
 The GPL only requieres them to be distributed.

I believe your interpretation of the GPL and the interpretation by the
sane world differ wildly...


The source code for a work means the preferred form of the work for
making modifications to it.  For an executable work, complete source
code means all the source code for all modules it contains, plus any
associated interface definition files, plus the scripts used to
control compilation and installation of the executable.  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.


Would suggest that the build scripts need to be distributed under the
same licence as the program, so, that'd be the GPL then.

Please go and read the GPL and stop telling others to. Stop making stuff
up because it suits *your* development model.

Thanks,
-- 
Brett Parker


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Re: The legality of cdrecord

2007-11-08 Thread Joerg Schilling
John Halton [EMAIL PROTECTED] wrote:

 On 07/11/2007, Joerg Schilling [EMAIL PROTECTED] wrote:
GPL forbids GPL code to
appear inside non-GPL project, but it allows non-GPL code to appear in 
GPL
projects.

 As has been said already, the GPL does allow non-GPL code to appear in
 GPL projects, but it requires that code then to be distributed under
 the GPL. But to do so may infringe the licence for that non-GPL code.

This is a false claim! The GPL does not require to change the license of such
other code and any lawyer would laugh on you as this would be illegal.

If you still belive it, give a proof by sending an apropeiate quote from the 
original GPL text.

Jörg

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Re: The legality of cdrecord

2007-11-08 Thread Benjamin A'Lee
On Thu, Nov 08, 2007 at 12:27:56PM +0100, Joerg Schilling wrote:
 John Halton [EMAIL PROTECTED] wrote:
 
 
  category anyway. The question is whether those build scripts
  themselves can be distributed under the GPL (as required by the GPL),
  and the answer (as I understand it) is no, because that would breach
  the terms of the CDDL.
 
 Please read the GPL:
 
 The GPL does _not_ require the build scripts to be under GPL.
 The GPL only requieres them to be distributed.

The build scripts are considered to be part of the source code (GPL2 §3,
GPL3 §1), and therefore must be under the GPL or a compatible licence;
the CDDL is neither (http://www.fsf.org/licensing/licenses#CDDL).

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Re: The legality of cdrecord

2007-11-08 Thread Joerg Schilling
Steve Langasek [EMAIL PROTECTED] wrote:

 On Wed, Nov 07, 2007 at 11:34:48AM +0100, Joerg Schilling wrote:
  You have been aked to proove _your_ claima many time but you did not do.
  Let us safely asume that as long as you are not able to proove the converse
  that my claims (being aligned with lawyer statements) are true.

 You can assume whatever you want, I don't care.  I don't owe you any
 explanations, and everybody else involved is competent enough to have read
 the text of the GPL and understood its plainly written meaning with only
 minimal hinting in the direction of the relevant sections, which is all

If you are able to read the GPL text, you should agree with me.

If you don't, you obviously have problems understanding the GPL text.

Is this because you need an English teacher or because you have problems 
understaning  complex sentences? Anyway, ask someone in your vicinty for help!
But please do not try to distort the meaning of the GPL.





Jörg

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Re: [Bulk] Re: The legality of cdrecord

2007-11-08 Thread STYLIANOU Konstantinos

People,

Excuse me for braking into this conversation of yours, but I believe 
this exchange of wit between you does not serve the interests of this 
lists anymore. Representing only myself, I would kindly ask you not to 
flood the list any more, because it is getting annoying. I am sure you 
are both very well acquainted with the netiquette.


Kindly yours,
KS


Joerg Schilling wrote:

Steve Langasek [EMAIL PROTECTED] wrote:

  

On Wed, Nov 07, 2007 at 11:34:48AM +0100, Joerg Schilling wrote:


You have been aked to proove _your_ claima many time but you did not do.
Let us safely asume that as long as you are not able to proove the converse
that my claims (being aligned with lawyer statements) are true.
  

You can assume whatever you want, I don't care.  I don't owe you any
explanations, and everybody else involved is competent enough to have read
the text of the GPL and understood its plainly written meaning with only
minimal hinting in the direction of the relevant sections, which is all



If you are able to read the GPL text, you should agree with me.

If you don't, you obviously have problems understanding the GPL text.

Is this because you need an English teacher or because you have problems 
understaning  complex sentences? Anyway, ask someone in your vicinty for help!

But please do not try to distort the meaning of the GPL.





Jörg

  


Re: The legality of cdrecord

2007-11-08 Thread Steve Langasek
On Wed, Nov 07, 2007 at 11:34:48AM +0100, Joerg Schilling wrote:
 You have been aked to proove _your_ claima many time but you did not do.
 Let us safely asume that as long as you are not able to proove the converse
 that my claims (being aligned with lawyer statements) are true.

You can assume whatever you want, I don't care.  I don't owe you any
explanations, and everybody else involved is competent enough to have read
the text of the GPL and understood its plainly written meaning with only
minimal hinting in the direction of the relevant sections, which is all
that matters here.  If you want my services as an English teacher, you'll
have to ask me for a quote; otherwise, finding the errors in your logic is
your problem, not mine.

-- 
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Debian Developer   to set it on, and I can move the world.
[EMAIL PROTECTED]   http://www.debian.org/


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RE: The legality of cdrecord

2007-11-08 Thread Yuhong Bao

 Not anymore. Now almost all of the program is CDDL, except 2 libraries, one 
 GPL, and one LGPL. mkisofs links to the GPL library, and that is the 
 remaining problem.
And it can be solved by removing HFS support.

Yuhong Bao
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RE: The legality of cdrecord

2007-11-08 Thread Yuhong Bao

 The build scripts are considered to be part of the source code (GPL2 §3, 
 GPL3 §1), and therefore must be under the GPL or a compatible licence; the 
 CDDL is neither (http://www.fsf.org/licensing/licenses#CDDL). That is exactly 
 why the code, not just the build scripts, are CDDL in current versions of 
 cdrtools. Now the remaining problem is about the GPLed library that the CDDL 
 mkisofs links to. Removing HFS support would solve this problem. Yuhong Bao

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Re: The legality of cdrecord

2007-11-08 Thread John Halton
On Thu, Nov 08, 2007 at 01:21:25PM +0100, Alexander Terekhov wrote:
 On 11/8/07, Joerg Schilling [EMAIL PROTECTED] wrote:
  John Halton [EMAIL PROTECTED] wrote:
   As has been said already, the GPL does allow non-GPL code to
   appear in GPL projects, but it requires that code then to be
   distributed under the GPL. But to do so may infringe the licence
   for that non-GPL code.
 
  This is a false claim! The GPL does not require to change the
  license of such other code and any lawyer would laugh on you as
  this would be illegal.

To clarify: it's not that the GPL requires you to change the licence
of other code. It is that the GPL requires certain code (derivative
works, build scripts necessary to compile the software) to be licensed
under the GPL.

If you are not the author of that code then you have to then consider
whether you have the right to license that code under the GPL. In the
case of CDDL-licensed code, the answer is no, because the CDDL
requires the code to be licensed under the CDDL, which contains
restrictions that are then incompatible with the GPL.

Of course, that still leaves the question of whether the CDDL code is
being used in such a way that the GPL would require it to be licensed
under the GPL. I'm not in a position to comment on that either way,
but the majority consensus seems to be yes.

John


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Re: The legality of cdrecord

2007-11-08 Thread Ben Finney
[EMAIL PROTECTED] (Joerg Schilling) writes:

 John Halton [EMAIL PROTECTED] wrote:
 
  As has been said already, the GPL does allow non-GPL code to
  appear in GPL projects, but it requires that code then to be
  distributed under the GPL. But to do so may infringe the licence
  for that non-GPL code.
 
 This is a false claim! The GPL does not require to change the
 license of such other code and any lawyer would laugh on you as this
 would be illegal.
 
 If you still belive it, give a proof by sending an apropeiate quote
 from the original GPL text.

This has already been provided in this thread.

For those following along with this thread, Jörg has either chosen not
to respond to Message-ID: [EMAIL PROTECTED]
URL:http://mid.gmane.org/[EMAIL PROTECTED], or is not
reading the list in which this discussion is taking place. Either of
which are his own problem to fix.

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Ben Finney


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Re: The legality of cdrecord

2007-11-08 Thread John Halton
On Thu, Nov 08, 2007 at 08:44:56PM +0100, Alexander Terekhov wrote:
 On 11/8/07, John Halton [EMAIL PROTECTED] wrote:
 [...]
  Of course, that still leaves the question of whether the CDDL code is
  being used in such a way that the GPL would require it to be licensed
  under the GPL. I'm not in a position to comment on that either way,
  but the majority consensus seems to be yes.
 
 When calculating the the majority consensus on that being a yes
 are you using Bayesian probability theory or is it just an epistemic
 community mindset sort of thing?

OK, fair point, I should have ended that last sentence at the comma.

John


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Re: The legality of cdrecord

2007-11-07 Thread John Halton
On 07/11/2007, Joerg Schilling [EMAIL PROTECTED] wrote:
   GPL forbids GPL code to
   appear inside non-GPL project, but it allows non-GPL code to appear in GPL
   projects.

As has been said already, the GPL does allow non-GPL code to appear in
GPL projects, but it requires that code then to be distributed under
the GPL. But to do so may infringe the licence for that non-GPL code.

To take an extreme example, including proprietary source code in
software that was then distributed under the GPL would not infringe
the GPL, but it would certainly infringe the copyright in that
proprietary code. The same principle applies with a free licence such
as the CDDL.

 my claims (being aligned with lawyer statements) are true.

I'd be interested to know which lawyer statements you are referring
to (genuine question - feel free to mail me the details off-list if
you've previously posted them here).

John

(TINLA)


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Re: The legality of cdrecord

2007-11-06 Thread Joerg Schilling
I talked to someone on IRC and looks like the only license issue concerns 
mkisofs. This links to both GPL and CDDL code and this is illegal. 

This is of course a lie: 
 
None of the programs in cdrtools has license problems. 
 
cdrecord and other programs are 100% CDDL. 
 
mkisofs is GPL but uses CDDL library code. This is intentionally allowed by 
the GPL as the GPL is a highly asymmetric license. The GPL forbids GPL code to
appear inside non-GPL project, but it allows non-GPL code to appear in GPL 
projects. 
 
No non-GPL source is based on or derived from GPL code. 

 In particular, I just got an email from the author of cdparanoia that he has 
already given permission to the author of cdrtools to use the cdparanoia code 
as it was
 LGPL. 

This is also a lie - cdparanoia _was_ _not_ LGPL!

The paranoia code was under GPLv2 only. I created a library from the code 
and I asked the paranoia author for the permission to change the license to 
LGPL. This was needed as libparanoia is used by a CDDL projekt. 
 
BTW: The reason for the Debian fork was definitely not a license problem but 
the missing will from a few Debian maintainers to cooperate.

Jörg

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Re: The legality of cdrecord

2007-11-06 Thread John Halton
On Tue, Nov 06, 2007 at 08:38:39PM +0100, Joerg Schilling wrote:
 mkisofs is GPL but uses CDDL library code. This is intentionally
 allowed by the GPL as the GPL is a highly asymmetric license. The
 GPL forbids GPL code to appear inside non-GPL project, but it allows
 non-GPL code to appear in GPL projects.
  
 No non-GPL source is based on or derived from GPL code.

I think the question is not whether there is an infringement of the
GPL, but whether there is an infringement of the CDDL.

According to the FSF, the CDDL is incompatible with the GPL because of
the notice provisions and patent retaliation clause (6.2) in the CDDL
(http://www.gnu.org/licenses/license-list.html). 

If CDDL-licensed code is included in a GPL program, then this will
breach the CDDL, which requires modifications to be licensed under the
CDDL. But if the CDDL licence is used, then this will conflict with
the GPL.

So the question is whether the CDDL library code in mkisofs is being
used in such a way that it should in fact be licensed under the CDDL.
If so, then by my reading that is a breach of the CDDL, not of the
GPL.

John

(IAAL, but TINLA)


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Re: The legality of cdrecord

2007-11-06 Thread Joerg Schilling
John Halton [EMAIL PROTECTED] wrote:

 On Tue, Nov 06, 2007 at 08:38:39PM +0100, Joerg Schilling wrote:
  mkisofs is GPL but uses CDDL library code. This is intentionally
  allowed by the GPL as the GPL is a highly asymmetric license. The
  GPL forbids GPL code to appear inside non-GPL project, but it allows
  non-GPL code to appear in GPL projects.
   
  No non-GPL source is based on or derived from GPL code.

 I think the question is not whether there is an infringement of the
 GPL, but whether there is an infringement of the CDDL.

It is not!

 According to the FSF, the CDDL is incompatible with the GPL because of
 the notice provisions and patent retaliation clause (6.2) in the CDDL
 (http://www.gnu.org/licenses/license-list.html). 

Don't belive a site that publishes an incorrect FAQ for their own license.
Don't believe people who make inappropriate generalisations.
Don't believe people who do not discuss specific license problems.

 If CDDL-licensed code is included in a GPL program, then this will
 breach the CDDL, which requires modifications to be licensed under the
 CDDL. But if the CDDL licence is used, then this will conflict with
 the GPL.

It definitely does not as the CDDL explicitly allows to use CDDL code with
code under different licenses.

The GPL explicitely allows to use code under other licenses from GPL code.

OS distributors that asked their lawyers _do_ publish the original cdrtools.

Only laymen claim that there is a problem

Jörg

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 URL:  http://cdrecord.berlios.de/old/private/ ftp://ftp.berlios.de/pub/schily


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Re: The legality of cdrecord

2007-11-06 Thread Steve Langasek
On Tue, Nov 06, 2007 at 08:38:39PM +0100, Joerg Schilling wrote:
 I talked to someone on IRC and looks like the only license issue concerns 
 mkisofs. This links to both GPL and CDDL code and this is illegal. 

 This is of course a lie: 

 None of the programs in cdrtools has license problems. 

 mkisofs is GPL but uses CDDL library code. This is intentionally allowed by 
 the GPL as the GPL is a highly asymmetric license. The GPL forbids GPL code to
 appear inside non-GPL project, but it allows non-GPL code to appear in GPL 
 projects. 

Oooh, let me give that a try.

I'm a millionaire who lives in a house on the beach.  I'm a millionaire who
lives in a house on the beach.  I'm a millionaire who lives in a house on
the beach.

Drat, it didn't work.  I guess repeating a thing doesn't make it true after
all!

-- 
Steve Langasek   Give me a lever long enough and a Free OS
Debian Developer   to set it on, and I can move the world.
[EMAIL PROTECTED]   http://www.debian.org/


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Re: The legality of cdrecord

2007-11-06 Thread Yuhong Bao

The CDDL-licensed code is not included in the GPL program; the CDDL only
applies to the build scripts. 

Not anymore. Now almost all of the program is CDDL, except 2 libraries, one 
GPL, and one LGPL. mkisofs links to the GPL library, and that is the remaining 
problem.

Yuhong Bao

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Re: The legality of cdrecord

2007-11-06 Thread Ben Finney
[EMAIL PROTECTED] (Joerg Schilling) writes:

 The GPL explicitely allows to use code under other licenses from GPL
 code.

Please point out exactly where the GPLv2 explicitly permits this.

On the contrary, in section 2b, the GPLv2 explicitly requires
redistribution under the terms of the GPLv2.

=
  2. You may modify your copy or copies of the Program or any portion
of it, thus forming a work based on the Program, and copy and
distribute such modifications or work under the terms of Section 1
above, provided that you also meet all of these conditions:

[...]
b) You must cause any work that you distribute or publish, that in
whole or in part contains or is derived from the Program or any
part thereof, to be licensed as a whole at no charge to all third
parties under the terms of this License.
=

Redistributing a GPL work in such a way that it's not licensed as a
whole [...] under the terms of this license is thus a violation of
the license terms on the work.

-- 
 \I was in the grocery store. I saw a sign that said 'pet |
  `\  supplies'. So I did. Then I went outside and saw a sign that |
_o__)  said 'compact cars'.  -- Steven Wright |
Ben Finney


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[debian-legal] The legality of cdrecord

2007-11-05 Thread Yuhong Bao

I talked to someone on IRC and looks like the only license issue concerns 
mkisofs. This links to both GPL and CDDL code and this is illegal.
In particular, I just got an email from the author of cdparanoia that he has 
already given permission to the author of cdrtools to use the cdparanoia code 
as it was LGPL.

Yuhong Bao
 
 
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