Re: Hebrew Translation tools - freeform text

2011-04-17 חוט Ira Abramov
כיון ששהילת היעד אינה בהכרח טכנית אלא יותר אנשי תכנים חופשיים ואקטיביסטים,
אני חושב שאלך לחקור את אופצית MW+Translate. תודה על הרעיונות.

2011/4/17 Amir E. Aharoni 

> > לגבי הרחבת Translate, אמיר אולי יחלוק עלי אבל היא קצת לא נוחה למטרות שלך,
> > היא יותר מתאימה לטקסטים קצרים ולמחרוזות שמגיעות מראש כ־po.
>
> ניסית אותה במצב Page Translation? במצב הרגיל היא אכן מתאימה יותר
> למחרוזות קצרות, אבל Page Translation אמור להיות שונה.
>
> אני עומד לנסות אותה ב־userbase.kde.org ומזמין את כולכם לעשות את זה.
>
> --
> אָמִיר אֱלִישָׁע אַהֲרוֹנִי · Amir Elisha Aharoni
> http://aharoni.wordpress.com
> "We're living in pieces,
>  I want to live in peace." - T. Moore
> ___
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Re: Fwd: A Weird Interpretation of the GPL

2011-04-17 חוט Mikhael Goikhman
On 17 Apr 2011 21:15:39 +0300, Shlomi Fish wrote:
> 
> I know well enough that I should avoid licensing all my original
> software under the GPL or LGPL

This would be fine, but this is not quite what you do. You lead a
long-time campaign against developers knowingly using GPL.

> Fair enough, in that case, why did the GPL use the term "derived
> work", instead of something less ambiguous and more commonly agreed
> upon?

Every license uses this concept of "derived work". "Redistribution
with modification" in BSDL is nothing else than "derived work".
The term "modification" is not any less or more vague than "derived
work". Only a court can decide whether my software X is a
"modification" (or "derived work" in legal words) of your software Y.
Judges can do this by comparing code and applying common sense.

> However, what is this elusive "derived work" according to the law?
> Does including code constitutes derived work? Does static linking
> constitutes a derived work? Does dynamic linking constitutes a
> derived work? Are Linux system calls to the Linux kernel constitute
> derived works? Are programs I execute using fork()+execve and then
> do something based on their output considered derived works? If I
> write a networked GPLed server, will my queries to it need to be
> GPLed as well?

Copyright Law defines "derivative works" and pretty much forbids them
by default (without an explicit permission from the original author).
There are some minimal fair use cases that are allowed, you should
just go and read Copyright Law and this article if you want details:

  http://en.wikipedia.org/wiki/Derived_work

The FOSS licenses permit derived works by adding explicit
permissions on re/distribution.

> If the GPL was a less ambiguous licence, it would spell exactly
> what can and cannot be done with it, rather than use the uncertain
> "derived work" term.

Wrong unbased claim. Please don't use it anywhere.

> So you mean the text at the beginning of the NMAP licence does not
> hold water in court.

Judges will decide whether definition of "derived work" by NMAP
does not conflict with the same definition in the law document.
So neither me nor you can know whether it does hold water or not.

> I didn't say the GPLed was not a FOSS licence. However, I said that
> the NMAP people can interpret copyright so their GPLed software
> will no longer match the Free Software definition.

What you said is not certainly true. It is also possible that your
understanding of what the 4 freedoms include is not fully correct.
For example, do you have a right to run a program that generates the
GPL'd code? Yes, you have (running a program is freedom #1, many
believe that it is allowed as fair use, even by Copyright Law alone,
without a need in FOSS licenses that add the remaining 3 freedoms).

But do you have the right to use this output however as you want,
ignoring the fact that this is actually a GPL'd code? I don't think
so. The NMAP people similarly don't think that some complex cases are
included in freedom 1, and they are even certain that Copyright Law
agrees with them. And surely (regardless of whether the NMAP position
will be found correct or not in the court) this does not affect GPL
or any other license in any way.

> If the GPL is using vague copyright law terms, then it is also, by 
> implication, vague.

Not any more vague than other licenses. So can I hope you stop your
anti-GPL campaign now?

P.S. If you really want to know how vague are the software licenses,
you should ask the lawer. The FOSS licenses are relatively old and
were inspected by thousands of lawers. Let me know if you find a
single respectful lawer that does not understand GPL and/or who
thinks that BSDL is less vague in all real-life cases.

Happy Passover.

Regards,
Mikhael.
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Re: Fwd: A Weird Interpretation of the GPL

2011-04-17 חוט Shlomi Fish
Hi Mikhael,

On Sunday 17 Apr 2011 16:11:24 Mikhael Goikhman wrote:
> Dear Shlomi,
> 
> You are very confused here, because it seems you miss the juridical
> background. I strongly suggest you to start to learn the topic in
> depth for several years before making any further comments on it.

You are right that I may be confused about it. I can try studying it to an 
extent, until I know enough, but I cannot halt production for the time being. 
I'd rather become a better software developer, essayist and writer (as well as 
in other kinds of digital arts) than a better legal expert. That is because I 
know well enough that I should avoid licensing all my original software under 
the GPL or LGPL (and in case I contribute to a third-party software under a 
non-permissive licence, then I almost always disclaim any rights and place myc 
contributions under the Public Domain / CC0 / MIT/X11-license). 

> 
> The definition of "derived work" can not be a part of a license,
> because this is a legal term discussed in Copyright Law. All licenses
> stop to work if this Copyright Law stops to work. Only the court can
> decide whether some piece of code or as a whole is a derived work of
> an other piece of code (in which case it should be bound by the
> license terms of the used code. if they allow derived works at all).
> This is all license agnostic. I.e. the court's decision on whether
> something is a derived work or wholly original work will be the same
> regardless of the license used (BSDL, GPL or proprietary).

Fair enough, in that case, why did the GPL use the term "derived work", 
instead of something less ambiguous and more commonly agreed upon? 

If I were to use a GPLed program or library, then I agree that whatever 
"derived work" I make from it is also GPLed. However, what is this elusive 
"derived work" according to the law? Does including code constitutes derived 
work? Does static linking constitutes a derived work? Does dynamic linking 
constitutes a derived work? Are Linux system calls to the Linux kernel 
constitute derived works? Are programs I execute using fork()+execve and then 
do something based on their output considered derived works? If I write a 
networked GPLed server, will my queries to it need to be GPLed as well?

According to my understanding of how "derived works" in respect to the GPL is 
interpreted by most people, the derived works constitute of either including 
code in a larger source file, or alternatively static or dynamic linking (or 
similar mechanisms in other languages). But, obviously the NMAP people have 
interepreted "derived work" in consideration to the GPLv2 much more radically, 
and if the courts accept their interpretation, then all hell will break loose 
because every program generated by a C compiler, every data file output by any 
GPLed interpreters, and every program that makes a system call to the Linux 
kernel will need to be distributed under a GPL-compatible licence.

If the GPL was a less ambiguous licence, it would spell exactly what can and 
cannot be done with it, rather than use the uncertain "derived work" term.

> 
> The developers can have their vision of how the court will act in
> each case (and document it in FAQ or other documents), but they are
> not the authority here, and the license can't really help here.
> This question is out of the license scope.

So you mean the text at the beginning of the NMAP licence does not hold water 
in court.

> 
> It is wrong thus to call this vision as "interpetation of a license".
> Your whole argument is wrongly based and void. It is astonishing that
> you still continue with it, even after several years.

Well, it may be an interpretation of copyright law. But since the GPL uses the 
term "derived work" instead of a term, which, in the context of software, is 
mroe commonly understood - it is an interpretation of the GPL, and may be 
considered valid by some courts.

> 
> Please don't use the screwed logic. The GPL is Free Software.
> The NMAP developers interpret the Copyright Law, not the license.

I didn't say the GPLed was not a FOSS licence. However, I said that the NMAP 
people can interpret copyright so their GPLed software will no longer match 
the Free Software definition.

> 
> Your phrases like "violates the Free Software Definition" or "GPL
> allows such blatant misinterpretations of it" or "GPL licences are so
> vague" are more than misplaced. Please reword them to:
> 
>   GPL being explicit is one of the most non-vague licenses.
>   Developers knowingly using GPL do not misinterpret it.
> 
>   Copyright Law is vague regarding some software issues (linking?).
>   Developers have slightly different visions on Copyright Law.
> 

If the GPL is using vague copyright law terms, then it is also, by 
implication, vague.

Happy Passover!

Regards,

Shlomi Fish

P.S: for a fun link see: http://www.gplv4.org/ .

-- 
-
Shlomi Fish   

Re: Fwd: A Weird Interpretation of the GPL

2011-04-17 חוט Mikhael Goikhman
On 17 Apr 2011 16:52:12 +0300, Nadav Har'El wrote:
> 
> On Sun, Apr 17, 2011, Mikhael Goikhman wrote about "Re: Fwd: A Weird 
> Interpretation of the GPL":
> >...
> > It is wrong thus to call this vision as "interpetation of a license".
> > Your whole argument is wrongly based and void. It is astonishing that
> > you still continue with it, even after several years.
> > 
> > Please don't use the screwed logic. The GPL is Free Software.
> > The NMAP developers interpret the Copyright Law, not the license.
> >..
> 
> While I generally agree with you, you should also remember that
> courts only act on cases that are brought before them. So if your
> use of a certain GPLed code is according to company X's
> "interpretation" of why they used the GPL, they won't sue you, but
> if your use of company Y's code is against their "interpretation",
> they *can* sue you - and if their lawyers is good enough, and the
> law is ambiguous enough on the matter - they can win.
> 
> So sometimes, it's wiser to listen to how companies "interpret"
> your rights on the code they release, and obey these
> interpretations, rather than what you believe to be the letter of
> the law and the GPL. It doesn't really matter if the
> "interpretation" reinterprets basic copyright law or the text of
> the license - in either case, you might be wise to adhere to it.

I intentionally didn't express any opinion on whether the NMAP
clarifications about the applicability of the license are common
sense or not (i.e. will be taken in account by the court or not).
Just pointed that these clarifications are mere interpretations of
the copyright law applied to software and not of the license.

This is to show logical and factual errors in the endless anti-GPL
campaign lead by Shlomi.

Regards,
Mikhael.
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Re: Fwd: A Weird Interpretation of the GPL

2011-04-17 חוט Nadav Har'El
On Sun, Apr 17, 2011, Mikhael Goikhman wrote about "Re: Fwd: A Weird 
Interpretation of the GPL":
>...
> It is wrong thus to call this vision as "interpetation of a license".
> Your whole argument is wrongly based and void. It is astonishing that
> you still continue with it, even after several years.
> 
> Please don't use the screwed logic. The GPL is Free Software.
> The NMAP developers interpret the Copyright Law, not the license.
>..

While I generally agree with you, you should also remember that courts only
act on cases that are brought before them. So if your use of a certain GPLed
code is according to company X's "interpretation" of why they used the GPL,
they won't sue you, but if your use of company Y's code is against their
"interpretation", they *can* sue you - and if their lawyers is good enough,
and the law is ambiguous enough on the matter - they can win.

So sometimes, it's wiser to listen to how companies "interpret" your rights
on the code they release, and obey these interpretations, rather than what
you believe to be the letter of the law and the GPL. It doesn't really matter
if the "interpretation" reinterprets basic copyright law or the text of the
license - in either case, you might be wise to adhere to it.

-- 
Nadav Har'El|   Sunday, Apr 17 2011, 13 Nisan 5771
n...@math.technion.ac.il |-
Phone +972-523-790466, ICQ 13349191 |A Nobel Peace Prize? I would KILL for one
http://nadav.harel.org.il   |of those.
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Re: Fwd: A Weird Interpretation of the GPL

2011-04-17 חוט Mikhael Goikhman
Dear Shlomi,

You are very confused here, because it seems you miss the juridical
background. I strongly suggest you to start to learn the topic in
depth for several years before making any further comments on it.

The definition of "derived work" can not be a part of a license,
because this is a legal term discussed in Copyright Law. All licenses
stop to work if this Copyright Law stops to work. Only the court can
decide whether some piece of code or as a whole is a derived work of
an other piece of code (in which case it should be bound by the
license terms of the used code. if they allow derived works at all).
This is all license agnostic. I.e. the court's decision on whether
something is a derived work or wholly original work will be the same
regardless of the license used (BSDL, GPL or proprietary).

The developers can have their vision of how the court will act in
each case (and document it in FAQ or other documents), but they are
not the authority here, and the license can't really help here.
This question is out of the license scope.

It is wrong thus to call this vision as "interpetation of a license".
Your whole argument is wrongly based and void. It is astonishing that
you still continue with it, even after several years.

Please don't use the screwed logic. The GPL is Free Software.
The NMAP developers interpret the Copyright Law, not the license.

Your phrases like "violates the Free Software Definition" or "GPL
allows such blatant misinterpretations of it" or "GPL licences are so
vague" are more than misplaced. Please reword them to:

  GPL being explicit is one of the most non-vague licenses.
  Developers knowingly using GPL do not misinterpret it.

  Copyright Law is vague regarding some software issues (linking?).
  Developers have slightly different visions on Copyright Law.

Best regards,
Mikhael.

On 17 Apr 2011 12:32:16 +0300, Shlomi Fish wrote:
> 
> Hi Mikhael,
> 
> you did not get this post to Hamakor discussions and to you due to
> an E-mail misconfiguration. Please read it and reply.
> 
> Regards,
> 
> -- Shlomi Fish
> 
> --  Forwarded Message  --
> 
> Subject: A Weird Interpretation of the GPL
> Date: Friday 11 Dec 2009, 13:13:36
> From: Shlomi Fish 
> To: Hamakor 
> CC: Mikhael Goikhman 
> 
> Hi Mikhael and all!
> 
> In the previous discussion about the FOSS Licences Wars, Migo has protected 
> the GPL and the LGPL claiming they were the best strong copyleft and weak 
> copyleft (respectively) licences , and that there was no point in phrasing 
> shorter, easier to understand and shorter ones.
> 
> However, as I discovered based on this Linux-IL discussion:
> 
> http://www.mail-archive.com/linux-il@cs.huji.ac.il/msg56993.html
> 
> NMAP added the following clauses of interpretation to the GPL (possibly mis-
> interpretation) at the top here:
> 
> http://www.mail-archive.com/linux-il@cs.huji.ac.il/msg57004.html
> 
> 
> * Note that the GPL places important restrictions on "derived works", yet *
>  * it does not provide a detailed definition of that term.  To avoid   *
>  * misunderstandings, we consider an application to constitute a   *
>  * "derivative work" for the purpose of this license if it does any of the *
>  * following:  *
>  * o Integrates source code from Nmap  *
>  * o Reads or includes Nmap copyrighted data files, such as*
>  *   nmap-os-db or nmap-service-probes.*
>  * o Executes Nmap and parses the results (as opposed to typical shell or  *
>  *   execution-menu apps, which simply display raw Nmap output and so are  *
>  *   not derivative works.)* 
>  * o Integrates/includes/aggregates Nmap into a proprietary executable *
>  *   installer, such as those produced by InstallShield.   *
>  * o Links to a library or executes a program that does any of the above   *
>  * 
> 
> 
> Now this is not only not according to the commonly accepted interpretation of 
> the GPL (which allows one to execute GPLed programs from other programs, and 
> to re-use their output without restrictions), it also violates the Free 
> Software Definition that reads:
> 
> 
> The freedom to run the program, for any purpose (freedom 0).
> 
> 
> To his "defence", Fyodor (the nmap developer) said that:
> 
> <<
> Software can be considered free software without being straight GPL.
> The BSD licenses are one example of this.  Also, we don't claim that
> Nmap is plain GPLv2.  And to reduce confusion even further, we're
> planning to change to a license like this somday:
> 
> http://nmap.org/npsl/npsl-annotated.html
> 
> But we've been too busy coding to get it reviewed by an open source
> lawyer, and I believe that step is important as I'm 

Re: Hebrew Translation tools - freeform text

2011-04-17 חוט Amir E. Aharoni
> לגבי הרחבת Translate, אמיר אולי יחלוק עלי אבל היא קצת לא נוחה למטרות שלך,
> היא יותר מתאימה לטקסטים קצרים ולמחרוזות שמגיעות מראש כ־po.

ניסית אותה במצב Page Translation? במצב הרגיל היא אכן מתאימה יותר
למחרוזות קצרות, אבל Page Translation אמור להיות שונה.

אני עומד לנסות אותה ב־userbase.kde.org ומזמין את כולכם לעשות את זה.

--
אָמִיר אֱלִישָׁע אַהֲרוֹנִי · Amir Elisha Aharoni
http://aharoni.wordpress.com
"We're living in pieces,
 I want to live in peace." - T. Moore
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