Re: [Fedora-legal-list] Legal aspects of fedora based appliances

2009-12-09 Thread Paul W. Frields
On Wed, Dec 09, 2009 at 10:22:07PM +0100, Fabian Deutsch wrote:
 Am Mittwoch, den 09.12.2009, 16:14 -0500 schrieb Paul W. Frields:
  On Wed, Dec 09, 2009 at 09:57:10PM +0100, Fabian Deutsch wrote:
   Hello.
   
   Fedora contains various tools for appliance creation. AFAIK it is
   intended that Fedora shall be used as a base for various appliances ISVs
   or OEMs want to create. But there is there some legal-guide which
   summarizes the legal aspects of Fedora based appliances e.g. when I want
   to distribute a Fedora AOS with some proprietary software? (As some kind
   of media-center).
  
  I'm assuming you mean guidance on whether, and how, these types of
  appliances can use the Fedora name and associated trademarks. You
  can find our full trademark guidelines here:
  
https://fedoraproject.org/wiki/Legal:Trademark_guidelines
  
  The particular section on appliances and OS images is here:
  

  https://fedoraproject.org/wiki/Legal:Trademark_guidelines#Virtual_images_or_appliances_with_unmodified_Fedora_software

  https://fedoraproject.org/wiki/Legal:Trademark_guidelines#Virtual_images_or_appliances_with_combinations_of_Fedora_software_with_non-Fedora_or_modified_Fedora_software
 
 The usage of the Fedora tardemark is just one point. There are more
 questions (for me at least :) ), like:
 Will a appliance providers have to keep the sources of all distributed
 packages, even if they are official Fedora packages?

Spot or someone else will correct me if I go wrong here, but because
the Fedora Project ships source pursuant to the requirements of the
GPLv2 section 3(a), downstream remixers cannot simply point to the
Fedora Project for source distribution (as in section 3(c)).  This is
intentional and unlikely to change in the near future.  Also, section
3(c) as I understand it is not workable for commercial redistributors.

The best solution I can imagine is for downstream remixers to simply
prepare the matching source collection, and offer it at the same point
of distribution under GPL 3(a) as well.  IANAL, TINLA, and so forth.

-- 
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[Fedora-legal-list] Re: [publican-list] Adjusting copyright information

2009-10-06 Thread Paul W. Frields
On Tue, Oct 06, 2009 at 01:22:46PM +1000, Ruediger Landmann wrote:
 On 10/06/2009 09:47 AM, Jeffrey Fearn wrote:
 Mikhail Gusarov wrote:
 IANAL, but this can be specified in single file, like
 Common_Content/common/README: all the data in this directory is under
 GFDL, but better check with your legal department.
 
 Rudi is talking with the legal people about this, we expect a
 separate update message shortly.
 
 Thanks Jeff :)
 
 Red Hat legal has identified a number of ambiguities around the
 licenses involved: specifically, the relationship between the
 license of the package against the license of the text in the Common
 Content files, against the license of books that users produce that
 incorporates that Common Content.
 
 One particular problem is that as things stand right now, if the
 text in Common Content is licensed under the GFDL, this means that
 any book that anybody builds in Publican that incorporates that text
 must also be licensed under the GFDL (or a compatible license).
 This, in turn, creates an immediate incompatibility in any brand
 package that loads a legal notice with a different license...
 
 Legal's solution is  that we include a note that explicitly spells
 out that whatever license appears between the legalnotice tags in
 the Legal_Notice.xml file applies only to the books into which it is
 pre-loaded, and not the text of the Legal Notice file itself.
 Furthermore, they suggest pretty much exactly what you suggested,
 Mikhail -- we find as permissive a license as possible for the
 Common Content files, and license them under that, separately from
 the rest of the contents of the package.
 
 So far we've looked at the WTFPL[1], CC0[2], and the so-called GNU
 All-Permissive License[3].
 
 We had to regretfully reject the WTFPL on the basis that some people
 might find it offensive. :( This is a real shame, because it
 basically stands for everything that we need the license on the
 Common Content files to stand for...
 
 When we read the GNU All-Permissive License, it turned out to be
 not what it claims, since rather than being all permissive, it
 requires re-users to leave the license in place. Relicensing is
 therefore as difficult as it is now.
 
 Although CC0 is cumbersome (check out the full legal code! [4]), it
 seems to do what we need it to do. It's therefore the current
 favourite as license of choice for the Common Content files, unless
 anyone on the list knows of a similarly broad license with less
 legalese?
 
 
 Cheers
 
 Ruediger
 
 
 [1] http://en.wikipedia.org/wiki/WTFPL
 
 [2] http://creativecommons.org/publicdomain/zero/1.0/
 
 [3] 
 http://www.gnu.org/prep/maintain/html_node/License-Notices-for-Other-Files.html
 
 [4] http://creativecommons.org/publicdomain/zero/1.0/legalcode

I'm forwarding a copy of this to the fedora-legal-list -- Spot may be
able to suggest something appropriate to cover the publican Common
Content.

We need this license to be compatible with inclusion in works produced
by Fedora Docs, and in works that incorporate content from the Fedora
wiki, right?  If CC0 can coexist peacefully in that role with the new
CC licensing used in both those cases, it does seem like the best
contender.

-- 
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Re: [Fedora-legal-list] Re: [publican-list] Adjusting copyright information

2009-10-06 Thread Paul W. Frields
On Tue, Oct 06, 2009 at 02:14:12PM -0400, Tom spot Callaway wrote:
 On 10/06/2009 02:01 PM, Paul W. Frields wrote:
  We need this license to be compatible with inclusion in works produced
  by Fedora Docs, and in works that incorporate content from the Fedora
  wiki, right?  If CC0 can coexist peacefully in that role with the new
  CC licensing used in both those cases, it does seem like the best
  contender.
 
 Assuming that the CC licensing is CC-BY-SA (Attribution Share-Alike),
 right?
 
 I've asked Red Hat Legal here, just to make sure my instincts are right.

Correct, the Docs project is switching to CC BY-SA 3.0 Unported:
https://www.redhat.com/archives/fedora-announce-list/2009-October/msg1.html

-- 
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[Fedora-legal-list] Re: using public domain documents in fedorahosted projects

2008-09-08 Thread Paul W. Frields
On Mon, 2008-09-08 at 07:55 +1000, Murray McAllister wrote:
 Hi,
 
 http://fedoraproject.org/wiki/Legal/Licenses/CLA states:
 
 '7. Should you wish to submit work that is not your original creation,
 you may submit it to the Project separately from any Contribution,
 identifying the complete details of its source and of any license or
 other restriction (including, but not limited to, related patents,
 trademarks, and license agreements) of which you are personally aware,
 and conspicuously marking the work as Submitted on behalf of a
 third-party: [named here] . '
 
 Does this apply to fedorahosted projects as well? Does this mean I can
 not use/copy+paste text from a public domain document (even if it is
 cited) if it is going to be stored on fedorahosted?

This probably belongs on fedora-legal-list; moving the discussion there.
Certainly there is nothing actually *barring* you from submitting a
public domain work, and the CLA is not intended to do that either.  I
think the intent of this paragraph is to ensure contributors meet their
obligations when submitting work that has some sort of restrictive
license attached, and the contributor isn't also copyright holder.

We are working on a draft for a new and clearer CLA, so if nothing else
this is a point we should be addressing therein.

-- 
Paul W. Frields (IANAL, TINLA, blah blah blah.)
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[Fedora-legal-list] Re: [Fedora-spins] rpmfusion based spin

2008-08-26 Thread Paul W. Frields
Also CC'ing the Fedora legal list which is also concerned with issues
like the trademark guidelines.

Paul

On Tue, 2008-08-26 at 17:16 +0200, Jeroen van Meeuwen wrote:
 CC'ing the Fedora Spins SIG mailing list as this concerns most of the 
 subscribers there as well.
 
 KH KH wrote:
  2008/8/26 Rahul Sundaram [EMAIL PROTECTED]:
  Hi,
 
  I have been keep a tab on rpmfusion progress by reading the archives and  
  it
  seems the repository is getting reading for launch soon. Congrats on that.
 
  My primary interest here at the moment is creating a spin based on 
  rpmfusion
  and Fedora which  Thorsten Leemhuis mentioned as desirable in one of his
  earlier mails to this list.
  I don't know if Thorsten ever mention such spin but having both
  rpmfusion and fedora on the same media is a very hard legal issue.
  Actually that's even not possible at all without removing the name
  Fedora from such spin. (meaning removing artworks and some others
  packages i don't remember).
 
 FWIW, if RPMFusion wishes to provide and distribute their own version of 
 Fedora, including whatever packages not in Fedora, either Free or free 
 or not free at all, right now this is enough:
 
 %packages
 # Remove the fedora-logos package and include something without
 # Fedora trademarked material
 -fedora-logos
 generic-logos (or: rpmfusion-logos if you have the artwork)
 # Include rpmfusion-release as well
 rpmfusion-release
 %end
 
 %post
 # Substitute the Fedora name in /etc/fedora-release and /etc/issue,
 # which are both owned by package fedora-release, so that it doesn't
 # pop up in all kinds of weird places such as when booting the machine
 # (Welcome to  Press I to start interactive ... comes to mind).
 # Note that _all_ trademarks are supposed to be in fedora-logos.
 sed -i -e 's/Fedora/RPMFusion/g' /etc/fedora-release /etc/issue
 %end
 
 And you're done.
 
  To be more accurate: You can do such spins for yourself (either with
  free only or with nonfree packages), but you cannot redistribute the
  spin telling it is Fedora. (because it won't be fedora anymore). But
  you can (have to ?) tell this work is based (derived?) on Fedora.
  
 
 This (being able to say based on Fedora) is pending the new trademark 
 policy at 
 https://fedoraproject.org/wiki/User:Pfrields/NewTrademarkGuidelines
 
 I hope this clarifies some of the issues wrt. a RPMFusion spin.
 
 Kind regards,
 
 Jeroen van Meeuwen
 -kanarip
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