Re: Copyright assignement for Debian tools?

2013-02-21 Thread Stefano Zacchiroli
On Sat, Feb 09, 2013 at 06:51:54PM +0100, Stefano Zacchiroli wrote:
 It wouldn't make sense to assign copyright to the Debian Project, but
 it might make sense to assign it to some of our trusted organization,
 like SPI. I'm myself not aware of mechanisms offered by SPI to allow
 volunteer copyright assignment. Hence I've just asked on the
 spi-general mailing list if that is something the organization is
 interested in supporting. I'll let you know if I hear back of anything
 actionable; in the mean time you can follow the discussion there.

The thread is at
http://lists.spi-inc.org/pipermail/spi-general/2013-February/003156.html

In essence, at present there is no standardized mechanisms to assign
copyright (or enter into specific licensing agreements, e.g. to delegate
SPI the power to do license enforcement and/or relicensing) to SPI. My
inquiry has raised some interest in the matter and things might change
in the future, but they are not there yet.

There are entities using copyright notices Copyright (c) SPI... (as we
do in our website), but the validity of that practice is dubious. I'm
myself skeptical it would do any good when it really comes to needing
it, but IANAL.

Bottom line: sorry Thomas, not much help at the moment. But thanks to
your inquiry things might change in the future. (And might change faster
if someone interested and knowledgeable on these matters will join SPI
and help out.)

Cheers.
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Re: Copyright assignement for Debian tools?

2013-02-21 Thread Ian Jackson
Thomas Koch writes (Copyright assignement for Debian tools?):
 I'm currently hacking on the maven-repo-helper package. The source
 code contains copyright statements from the original author. Now
 when I add classes it would be logical to add Copyright 2013 Thomas
 Koch.

Right.

 But I don't see any sense in this. I've no interest to be the copyright 
 holder. I'd much rather like to write Copyright 2013 The Debian Project. 
 (Actually I'm totally annoyed by anything related to copyright...)

I see.

 Do you have any advise for code that originates in the Debian project?

Well, I would advise you to retain your copyright and publish your
code under a suitable licence.  Ie write

  Copyright (C)2013 Thomas Koch

  This program is free software: you can redistribute it and/or modify
  it under the terms of the GNU General Public License as published by
  the Free Software Foundation, either version 3 of the License, or
  (at your option) any later version.

  This program is distributed in the hope that it will be useful,
  but WITHOUT ANY WARRANTY; without even the implied warranty of
  MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE.  See the
  GNU General Public License for more details.

  You should have received a copy of the GNU General Public License
  along with this program.  If not, see http://www.gnu.org/licenses/.

But if you don't want to do that, you do have the possibility to
assign it to Software in the Public Interest.  I'm not sure how the
law works exactly in your jurisdiction but in the UK and the US to do
that you need state it in writing.  Something like:

  Written/modified by Thomas Koch, 2013.

  I hereby assign my copyright in Gnomovision (all past and future
  versions) to Software in the Public Interest, Inc.
  - Thomas Koch 21 Feb 2013

  Copyright (C)2013 Software in the Public Interest, Inc

  This program is free software: you can redistribute it and/or modify
  it under the terms of the GNU General Public License as published by
  the Free Software Foundation, either version 3 of the License, or
  (at your option) any later version.

  This program is distributed in the hope that it will be useful,
  but WITHOUT ANY WARRANTY; without even the implied warranty of
  MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE.  See the
  GNU General Public License for more details.

  You should have received a copy of the GNU General Public License
  along with this program.  If not, see http://www.gnu.org/licenses/.

NB that in your jurisdiction it might be necessary to write something
on paper or something, but in the UK and the US AFAICT writing it in a
computer file is sufficient.

SPI doesn't encourage you to do this.  But they do promise what they
will do with the copyright if you choose to disregard that advice:
  http://www.spi-inc.org/corporate/resolutions/1998/1998-11-16.iwj.2/
See s3 of that resolution in particular.

Ian.


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Re: Copyright assignement for Debian tools?

2013-02-11 Thread Thijs Kinkhorst
On Mon, February 11, 2013 14:54, Antonio Terceiro wrote:
 There are several cases where upstream explicitly puts Copyright 2013 The
 Foo Developers and similar statements. Are they invalid as well? If they
 are valid, wouldn't Copyright 2013 Debian Project have the similar (if
 not the same) meaning?

I do not think such claims are invalid: when there's a clear definition of
what The Foo Developers means (e.g., it's expanded in a central README
file), then its nothing more than a shorthand for the set of people
claiming copyright on the work. The actual, legal copyright is in the
hands of the people the string expands to.

In the case at hand, you could indeed add Copyright 2013 Debian Project
but because that doesn't expand to a clear set of legal rights holders, I
believe this would not have the desired effect, namely that a single legal
entity owns the copyright which then has the possibility to make decisions
on that copyright.


Cheers,
Thijs


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Re: Copyright assignement for Debian tools?

2013-02-11 Thread Russ Allbery
Antonio Terceiro terce...@debian.org writes:

 There are several cases where upstream explicitly puts Copyright 2013
 The Foo Developers and similar statements. Are they invalid as well? If
 they are valid, wouldn't Copyright 2013 Debian Project have the
 similar (if not the same) meaning?

*All* copyright statements are close to legally meaningless.  The only
truly important thing that one has to do with copyright statements in
Debian is to retain them as required by the license.  (Many licenses
explicitly require that you retain the copyright notice.)  We also ask
that people copy them into debian/copyright so that we have clear
documentation of who upstream claims are the copyright holders.

In all countries that are signatories of Berne (which is essentially all
of them), no copyright notice is required and copyright is held by the
author (or the person who contracts the work for hire) regardless of any
copyright notice.  The only purpose that copyright notices are permitted
to serve under the Berne convention is that they can affect damages in the
event of a lawsuit.  In the event of a lawsuit, I suspect that a judge
would take a look at whether the copyright notice was clear for that
purpose.  (In the US, the primary legal purpose the copyright notice
serves is to pre-empt a defense of innocent infringement.)

See http://uscode.house.gov/download/pls/17C4.txt for all the gory details
in the US.  Each other country probably has its own version of the law,
and they're probably all at least slightly different (sometimes
significantly different in countries with a stronger moral rights
doctrine than the United States).

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Re: Copyright assignement for Debian tools?

2013-02-10 Thread Stefano Zacchiroli
On Sun, Feb 10, 2013 at 09:14:12AM +0800, Paul Wise wrote:
 If you are contributing to copyleft projects, it is important to have
 diverse copyright holders to prevent converting projects to
 proprietary licenses.

FWIW, we are far from having consensus on this aspect in the free
software world at large. For many, copyright assignments to trusted,
transparent, and non-profits entities is a good thing, because: 1/ it
makes licensing enforcements easier in court, and 2/ allow to switch
between free software licenses (or even only decide whether you want to
move to an or later version of a license or not) downstream even in
case of dramatic events like the death of copyright holders. This is the
reason why entities like FSF and KDE e.V. offer the possibility of
centralizing copyright ownership.

In essence: YMMV. But it seems to me that we are by no mean near a point
where, in the public debate on FOSS policies, it is well established
whether this specific kind of copyright assignment is good or bad.

Cheers.
-- 
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Maître de conférences . . . . . http://upsilon.cc/zack . . . o . . . o o
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Copyright assignement for Debian tools?

2013-02-09 Thread Thomas Koch
Hi,

I'm currently hacking on the maven-repo-helper package. The source code 
contains copyright statements from the original author. Now when I add classes 
it would be logical to add Copyright 2013 Thomas Koch.

But I don't see any sense in this. I've no interest to be the copyright 
holder. I'd much rather like to write Copyright 2013 The Debian Project. 
(Actually I'm totally annoyed by anything related to copyright...)

Do you have any advise for code that originates in the Debian project?

CC-ing debian-java but this discussion might be best for debian-project.

If you think that it makes sense to identify the original author of some code: 
there is still the @author annotation in many languages. And the best thing is 
to use the appropriate tool for exactly this: git blame (or git praise!).

Regards,

Thomas Koch, http://www.koch.ro


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Re: Copyright assignement for Debian tools?

2013-02-09 Thread Stefano Zacchiroli
On Sat, Feb 09, 2013 at 05:23:59PM +0100, Thomas Koch wrote:
 I'm currently hacking on the maven-repo-helper package. The source code 
 contains copyright statements from the original author. Now when I add 
 classes 
 it would be logical to add Copyright 2013 Thomas Koch.
 
 But I don't see any sense in this. I've no interest to be the copyright 
 holder. I'd much rather like to write Copyright 2013 The Debian Project. 
 (Actually I'm totally annoyed by anything related to copyright...)
 
 Do you have any advise for code that originates in the Debian project?

In essence, you're asking for some sort of volunteer copyright
assignment (or more likely contributor licensing agreement), similar to
what KDE e.V. offers to contributors of the KDE project, see
http://ev.kde.org/rules/fla.php

Those kind of agreements are entirely optional and interesting for
contributors like you, who don't want to care about copyright related
matter and empower trusted 3rd party entities to take care of them
(e.g. for licensing enforcements if/when the need arises).

It wouldn't make sense to assign copyright to the Debian Project, but it
might make sense to assign it to some of our trusted organization, like
SPI. I'm myself not aware of mechanisms offered by SPI to allow
volunteer copyright assignment. Hence I've just asked on the spi-general
mailing list if that is something the organization is interested in
supporting. I'll let you know if I hear back of anything actionable; in
the mean time you can follow the discussion there.

Thanks for raising this topic!
Cheers.
-- 
Stefano Zacchiroli  . . . . . . .  z...@upsilon.cc . . . . o . . . o . o
Maître de conférences . . . . . http://upsilon.cc/zack . . . o . . . o o
Debian Project Leader . . . . . . @zack on identi.ca . . o o o . . . o .
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Re: Copyright assignement for Debian tools?

2013-02-09 Thread Brian Gupta
On Sat, Feb 9, 2013 at 12:51 PM, Stefano Zacchiroli lea...@debian.org wrote:
 On Sat, Feb 09, 2013 at 05:23:59PM +0100, Thomas Koch wrote:
 I'm currently hacking on the maven-repo-helper package. The source code
 contains copyright statements from the original author. Now when I add 
 classes
 it would be logical to add Copyright 2013 Thomas Koch.

 But I don't see any sense in this. I've no interest to be the copyright
 holder. I'd much rather like to write Copyright 2013 The Debian Project.
 (Actually I'm totally annoyed by anything related to copyright...)

 Do you have any advise for code that originates in the Debian project?

 In essence, you're asking for some sort of volunteer copyright
 assignment (or more likely contributor licensing agreement), similar to
 what KDE e.V. offers to contributors of the KDE project, see
 http://ev.kde.org/rules/fla.php

 Those kind of agreements are entirely optional and interesting for
 contributors like you, who don't want to care about copyright related
 matter and empower trusted 3rd party entities to take care of them
 (e.g. for licensing enforcements if/when the need arises).

 It wouldn't make sense to assign copyright to the Debian Project, but it
 might make sense to assign it to some of our trusted organization, like
 SPI. I'm myself not aware of mechanisms offered by SPI to allow
 volunteer copyright assignment. Hence I've just asked on the spi-general
 mailing list if that is something the organization is interested in
 supporting. I'll let you know if I hear back of anything actionable; in
 the mean time you can follow the discussion there.

 Thanks for raising this topic!

Zack,

It may also be worth reaching out to the Software Freedom Conservancy
if this turns out to be out of scope for SPI
http://sfconservancy.org/members/current/ (If I recall the SFLC helped
get them off the ground, and they were founded to own projects that
weren't a good fit for the FSF's GNU project).

-Brian

 Cheers.
 --
 Stefano Zacchiroli  . . . . . . .  z...@upsilon.cc . . . . o . . . o . o
 Maître de conférences . . . . . http://upsilon.cc/zack . . . o . . . o o
 Debian Project Leader . . . . . . @zack on identi.ca . . o o o . . . o .
 « the first rule of tautology club is the first rule of tautology club »


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Re: Copyright assignement for Debian tools?

2013-02-09 Thread Stefano Zacchiroli
On Sat, Feb 09, 2013 at 01:00:27PM -0500, Brian Gupta wrote:
 It may also be worth reaching out to the Software Freedom Conservancy
 if this turns out to be out of scope for SPI
 http://sfconservancy.org/members/current/ (If I recall the SFLC helped
 get them off the ground, and they were founded to own projects that
 weren't a good fit for the FSF's GNU project).

Thanks Brian. As a matter of fact, I discuss with Bradley (Conservancy's
Executive Director) fairly regularly and I've in the past discussed with
him the possibilities of benefiting of SF Conservancy services as Debian
Project. The problem is that SF Conservancy, for various good reasons,
adopt a more exclusive model than SPI. They generally do not welcome
projects that have assets (of various kinds) scattered throughout
different organizations, which is the case for Debian. This has been a
blocker in the past. It *might* be that voluntary copyright assignments
are a special case, especially if SPI does not offer that service, but
I very much doubt it. Either way, several people active in SF
Conservancy people are also active on SPI mailing list, so we won't miss
chances of collaborating on this if there are some!

Cheers.
-- 
Stefano Zacchiroli  . . . . . . .  z...@upsilon.cc . . . . o . . . o . o
Maître de conférences . . . . . http://upsilon.cc/zack . . . o . . . o o
Debian Project Leader . . . . . . @zack on identi.ca . . o o o . . . o .
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Re: Copyright assignement for Debian tools?

2013-02-09 Thread Russ Allbery
Stefano Zacchiroli lea...@debian.org writes:

 Thanks Brian. As a matter of fact, I discuss with Bradley (Conservancy's
 Executive Director) fairly regularly and I've in the past discussed with
 him the possibilities of benefiting of SF Conservancy services as Debian
 Project. The problem is that SF Conservancy, for various good reasons,
 adopt a more exclusive model than SPI. They generally do not welcome
 projects that have assets (of various kinds) scattered throughout
 different organizations, which is the case for Debian. This has been a
 blocker in the past.

Doesn't Debian as a whole also have nearly as many assets as all other
projects in the Software Freedom Conservancy put together?  It may not be
healthy for them to take on Debian, as we could fairly easily turn into
the tail that wags the dog.  I think they mostly deal with much smaller
projects than we are.

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Re: Copyright assignement for Debian tools?

2013-02-09 Thread Stefano Zacchiroli
On Sat, Feb 09, 2013 at 11:20:17AM -0800, Russ Allbery wrote:
 Doesn't Debian as a whole also have nearly as many assets as all other
 projects in the Software Freedom Conservancy put together?

In terms of reserves, it might be. But in terms of expenses / revenue
they're way more active than we are due to the fact they have employees
(for the orga itself or on behalf of affiliated projects), revenues from
court settlement, etc. Both SPI and SFC are very transparent in their
budgets, so anyone can check the actual numbers.

... here we're getting off-topic I suspect :)

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Re: Copyright assignement for Debian tools?

2013-02-09 Thread Charles Plessy
Le Sat, Feb 09, 2013 at 05:23:59PM +0100, Thomas Koch a écrit :
 
 I've no interest to be the copyright 
 holder. I'd much rather like to write Copyright 2013 The Debian Project. 
 (Actually I'm totally annoyed by anything related to copyright...)

Hi Thomas,

I share the same feeling and in some of my latest packages, I simply make no
mention of copyright for my contributions, so that they are distributed under
the same terms as the whole.

Cheers,

-- 
Charles


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Re: Copyright assignement for Debian tools?

2013-02-09 Thread Jonathan Carter (highvoltage)

On 10/02/2013 03:14, Paul Wise wrote:

My advice would just to put Copyright 2013 Thomas Koch and a
DFSG-free license, anything else would be more effort on your part.


I've considered using Copyright 2013 Debian Project for the licensing 
of packaging that's intended to go into Debian. What would happen if I 
do that? Would the package get rejected? Is it possible for an entity 
like Debian to gain copyright to something if it's more or less unknowingly?


-Jonathan


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Re: Copyright assignement for Debian tools?

2013-02-09 Thread Russ Allbery
Jonathan Carter (highvoltage) jonat...@ubuntu.com writes:
 On 10/02/2013 03:14, Paul Wise wrote:

 My advice would just to put Copyright 2013 Thomas Koch and a
 DFSG-free license, anything else would be more effort on your part.

 I've considered using Copyright 2013 Debian Project for the licensing
 of packaging that's intended to go into Debian. What would happen if I
 do that? Would the package get rejected? Is it possible for an entity
 like Debian to gain copyright to something if it's more or less
 unknowingly?

I'm not sure what the ftp-team would do, but that statement is basically
legally meaningless.  It doesn't change the fact that you personally hold
the copyright, it doesn't give anyone in Debian (or Software in the Public
Interest) the ability to defend the license in court... it basically has
the same amount of effect as putting the moon is made of green cheese in
your packaging.  (There may be some impact on seeking statutory damages in
countries like the US where damages can change based on the presence of a
copyright notice, but that's pretty much an edge case.)

-- 
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