Re: Why in the world you should have a vote: was RE: Please don't change Beastie to another crap logo suchas NetBSD!!!

2005-02-14 Thread Anthony Atkielski
Peter N. M. Hansteen writes:

 copyright assignment isn't entirely doable in all jurisdictions, and
 beside the point.

Generally, commercial rights can always be assigned.  Moral rights often
cannot be assigned, but since they are practically worthless, this
usually isn't a problem.

 i assume you have been told about the 'published under a license'
 phenomenon.

You need written documentation of a license, signed by the copyright
holder.  You need this for every module or group of modules that is
copyrighted by any specific person or entity.

-- 
Anthony


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Re: Why in the world you should have a vote: was RE: Please don't change Beastie to another crap logo suchas NetBSD!!!

2005-02-13 Thread Ceri Davies
On 12 Feb 2005, at 07:12, Ted Mittelstaedt wrote:
With BSD, the copyrights on it are held by the University of Berkeley
and by the FreeBSD Project.
Really?  Grepped for Copyright in /usr/src recently?
Ceri
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Re: Why in the world you should have a vote: was RE: Please don't change Beastie to another crap logo suchas NetBSD!!!

2005-02-13 Thread Anthony Atkielski
Ceri Davies writes:

 Really?  Grepped for Copyright in /usr/src recently?

Wow!  What a mess!  How much would it cost to have a team of lawyers
verify that all those copyrights are cleared?  Why are people asserting
their own copyrights in the code?

-- 
Anthony


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Re: Why in the world you should have a vote: was RE: Please don't change Beastie to another crap logo suchas NetBSD!!!

2005-02-13 Thread Peter N. M. Hansteen
Anthony Atkielski [EMAIL PROTECTED] writes:

 Why are people asserting their own copyrights in the code?

Because they wrote the software in question, perhaps?

-- 
Peter N. M. Hansteen, member of the first RFC 1149 implementation team
http://www.blug.linux.no/rfc1149/ http://www.datadok.no/ http://www.nuug.no/
First, we kill all the spammers The Usenet Bard, Twice-forwarded tales

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Re: Why in the world you should have a vote: was RE: Please don't change Beastie to another crap logo suchas NetBSD!!!

2005-02-13 Thread Kris Kennaway
On Sun, Feb 13, 2005 at 05:02:19PM +0100, Anthony Atkielski wrote:
 Ceri Davies writes:
 
  Really?  Grepped for Copyright in /usr/src recently?
 
 Wow!  What a mess!  How much would it cost to have a team of lawyers
 verify that all those copyrights are cleared?  Why are people asserting
 their own copyrights in the code?

Uh, because they're the author, of course.

Kris


pgpykFPfy16T2.pgp
Description: PGP signature


Re: Why in the world you should have a vote: was RE: Please don't change Beastie to another crap logo suchas NetBSD!!!

2005-02-13 Thread Anthony Atkielski
Peter N. M. Hansteen writes:

 Because they wrote the software in question, perhaps?

So?  If it's truly open source, the copyrights should be assigned.  All
it takes is one copyright holder who withdraws a license and an entire
package can become unusable.

-- 
Anthony


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Re: Why in the world you should have a vote: was RE: Please don't change Beastie to another crap logo suchas NetBSD!!!

2005-02-13 Thread Dick Davies
* Anthony Atkielski [EMAIL PROTECTED] [0216 21:16]:
 Peter N. M. Hansteen writes:
 
  Because they wrote the software in question, perhaps?
 
 So?  If it's truly open source, the copyrights should be assigned.  All
 it takes is one copyright holder who withdraws a license and an entire
 package can become unusable.

Shut up now, ok? or take it elsewhere.

-- 
'A little rudeness and disrespect can elevate a meaningless interaction
into a battle of wills and add drama to an otherwise dull day.'
-- Calvin discovers Usenet
Rasputin :: Jack of All Trades - Master of Nuns
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Re: Why in the world you should have a vote: was RE: Please don't change Beastie to another crap logo suchas NetBSD!!!

2005-02-13 Thread Anthony Atkielski
Dick Davies writes:

 Shut up now, ok? or take it elsewhere.

Don't forget discovery.

-- 
Anthony


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Re: Why in the world you should have a vote: was RE: Please don't change Beastie to another crap logo suchas NetBSD!!!

2005-02-13 Thread Peter N. M. Hansteen
Anthony Atkielski [EMAIL PROTECTED] writes:

  Because they wrote the software in question, perhaps?
 
 So?  If it's truly open source, the copyrights should be assigned.  

copyright assignment isn't entirely doable in all jurisdictions, and
beside the point.

 All it takes is one copyright holder who withdraws a license and an
 entire package can become unusable.

i assume you have been told about the 'published under a license' phenomenon.

To me it sounds like you need to read up on a few things.

-- 
Peter N. M. Hansteen, member of the first RFC 1149 implementation team
http://www.blug.linux.no/rfc1149/ http://www.datadok.no/ http://www.nuug.no/
First, we kill all the spammers The Usenet Bard, Twice-forwarded tales

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Re: Why in the world you should have a vote: was RE: Please don't change Beastie to another crap logo suchas NetBSD!!!

2005-02-12 Thread Dag-Erling Smørgrav
Ted Mittelstaedt [EMAIL PROTECTED] writes:
 With BSD, the copyrights on it are held by the University of Berkeley
 and by the FreeBSD Project.

No, they aren't.  RTFS.  Just a couple of examples:

[EMAIL PROTECTED] ~% grep -r 'Copyright.*Dag-Erling' /usr/src | wc -l
  59
[EMAIL PROTECTED] ~% grep -r 'Copyright.*Poul.Henning' /usr/src | wc -l
 109
[EMAIL PROTECTED] ~% grep -r 'Copyright.*Matt.*Dillon' /usr/src | wc -l
  30
[EMAIL PROTECTED] ~% grep -r 'Copyright.*Network.*Associates' /usr/src | wc -l
 334

(about a third of the code in the latter category was written by yours
truly under contract)

DES
-- 
Dag-Erling Smørgrav - [EMAIL PROTECTED]
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RE: Why in the world you should have a vote: was RE: Please don't change Beastie to another crap logo suchas NetBSD!!!

2005-02-12 Thread Ted Mittelstaedt


 -Original Message-
 From: [EMAIL PROTECTED]
 [mailto:[EMAIL PROTECTED] Behalf Of Dag-Erling
 Smørgrav
 Sent: Saturday, February 12, 2005 3:12 AM
 To: Ted Mittelstaedt
 Cc: Robert Marella; freebsd-questions@freebsd.org; Garance A Drosehn
 Subject: Re: Why in the world you should have a vote: was RE: Please
 don't change Beastie to another crap logo suchas NetBSD!!!


 Ted Mittelstaedt [EMAIL PROTECTED] writes:
  With BSD, the copyrights on it are held by the University of Berkeley
  and by the FreeBSD Project.

 No, they aren't.  RTFS.  Just a couple of examples:

 [EMAIL PROTECTED] ~% grep -r 'Copyright.*Dag-Erling' /usr/src | wc -l
   59
 [EMAIL PROTECTED] ~% grep -r 'Copyright.*Poul.Henning' /usr/src | wc -l
  109
 [EMAIL PROTECTED] ~% grep -r 'Copyright.*Matt.*Dillon' /usr/src | wc -l
   30
 [EMAIL PROTECTED] ~% grep -r 'Copyright.*Network.*Associates' /usr/src | wc -l
  334

 (about a third of the code in the latter category was written by yours
 truly under contract)


OK, so I didn't go look at every little port and piece in the project.
I was trying to dumb the explanation down for someone who was quite
obviously totally clueless about the philosophy of the software he
was using.  It was not to denegrate any contribution that anyone has
made.

But this does point out that you people when you put your stuff into
the distribution and you don't assign over the copyright to The FreeBSD
Project, that you need to submit this to the documentation
people so they can update

http://www.freebsd.org/copyright/index.html

I don't see why you are so proud of not doing this.  Is it your
intention to cause problems for companies that want to use FreeBSD
in their products?  This sort of thing is exactly what the
chicken littles like Anthony are talking about.  It isn't going
to matter to some lawyer charged with vetting the code to make
sure that using it in a company's project is OK, that your and
the other's copyright is equivalent to the BSD one.  He is going
to see this and wonder why it wasn't disclosed in the docs where
it should have been, and what else is being hidden.

And in any case, if you want to get into this, the C compiler carries
GPL without which it is impossible to build the OS, and as that copyright
is fundamentally different than either
the BSD copyrights, or the copyrights of yourself and the others
listed, it is a much more serious issue and I don't understand why
you didn't bring it up.  Although, at least, it IS disclosed in
the appropriate place on the website.

Ted

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Re: Why in the world you should have a vote: was RE: Please don't change Beastie to another crap logo suchas NetBSD!!!

2005-02-12 Thread Anthony Atkielski
Ted Mittelstaedt writes:

 I don't see why you are so proud of not doing this.  Is it your
 intention to cause problems for companies that want to use FreeBSD
 in their products?  This sort of thing is exactly what the
 chicken littles like Anthony are talking about.

It surprises and worries me that anyone does it, for precisely the
reasons that you describe.  Should I ever contribute code to FreeBSD,
I'll just assign the copyright, or release the code to the public
domain.  I have to wonder about the motivations of someone who says he
wants to contribute to a Great Cause but then insists on retaining his
copyright.

Remember that in some jurisdictions, copyright reverts to the author
after a certain number of years, no matter what he says to the contrary.
This includes the U.S.; see 17 USC 203.

-- 
Anthony


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Re: Why in the world you should have a vote: was RE: Please don't change Beastie to another crap logo suchas NetBSD!!!

2005-02-12 Thread Mark Rowlands
On Saturday 12 February 2005 12:46, Anthony Atkielski wrote:
 Ted Mittelstaedt writes:
  I don't see why you are so proud of not doing this.  Is it your
  intention to cause problems for companies that want to use FreeBSD
  in their products?  This sort of thing is exactly what the
  chicken littles like Anthony are talking about.

 It surprises and worries me that anyone does it, for precisely the
 reasons that you describe.  Should I ever contribute code to FreeBSD,
 I'll just assign the copyright, or release the code to the public
 domain.  I have to wonder about the motivations of someone who says he
 wants to contribute to a Great Cause but then insists on retaining his
 copyright.

 Remember that in some jurisdictions, copyright reverts to the author
 after a certain number of years, no matter what he says to the contrary.
 This includes the U.S.; see 17 USC 203.

from the mailling list info :-

freebsd-chatNon-technical items related to the FreeBSD community

freebsd-questions   User questions and technical support

I think it should be clear where this conversation belongs. 
The issues you are discussing are emphatically non-technical.

Please?
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Re: Why in the world you should have a vote: was RE: Please don't change Beastie to another crap logo suchas NetBSD!!!

2005-02-12 Thread Dag-Erling Smørgrav
Ted Mittelstaedt [EMAIL PROTECTED] writes:
 I don't see why you are so proud of not doing this.  Is it your
 intention to cause problems for companies that want to use FreeBSD
 in their products?  This sort of thing is exactly what the
 chicken littles like Anthony are talking about.  It isn't going
 to matter to some lawyer charged with vetting the code to make
 sure that using it in a company's project is OK, that your and
 the other's copyright is equivalent to the BSD one.  He is going
 to see this and wonder why it wasn't disclosed in the docs where
 it should have been, and what else is being hidden.

You need to understand the difference between copyright and license,
and stop looking for black helicopters.

DES
-- 
Dag-Erling Smørgrav - [EMAIL PROTECTED]
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Re: Why in the world you should have a vote: was RE: Please don't change Beastie to another crap logo suchas NetBSD!!!

2005-02-12 Thread Robert Marella
On Fri, 2005-02-11 at 23:12 -0800, Ted Mittelstaedt wrote:
 

 
  Why in the world should I expect to be able to vote on whether a new
  logo is adopted or not?
 
 
 I will tell you exactly why and it is one of the most exciting reasons
 to use FreeBSD.
 
mucho snipo

 It is EVERYONE WHO CONTRIBUTES ANYTHING TO FREEBSD.  You, me, anyone
 who wants to be involved in the FreeBSD Project, all you need to do
 is start contributing and YOU ARE IN IT!!!
 
 Thus, FREEBSD BELONGS TO YOU!!  That's, right YOU!!  Your a member
 of the FreeBSD Project - you are one of the owners of the FreeBSD
 code.  That's it, simple as that.
 
 So, of course you should have a vote.
 
 Ted
 
Let me be the first to nominate Ted as the ballot magistrate. He will
decide who gets to vote by how they have committed to the project. 

Unless he wants to open it up to every man, woman, and child who has
access to the internet. I guess then we wouldn't need a magistrate.

Robert

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Re: Why in the world you should have a vote: was RE: Please don't change Beastie to another crap logo suchas NetBSD!!!

2005-02-12 Thread Dag-Erling Smørgrav
Anthony Atkielski [EMAIL PROTECTED] writes:
 It surprises and worries me that anyone does it, for precisely the
 reasons that you describe.  Should I ever contribute code to FreeBSD,
 I'll just assign the copyright

To whom?  The FreeBSD project is not a legal entity.

 or release the code to the public
 domain.

That is a very bad idea, because you can't disclaim liability for work
which you release in the public domain.

DES
-- 
Dag-Erling Smørgrav - [EMAIL PROTECTED]
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Re: Why in the world you should have a vote: was RE: Please don't change Beastie to another crap logo suchas NetBSD!!!

2005-02-12 Thread Anthony Atkielski
Dag-Erling Smørgrav writes:

 You need to understand the difference between copyright and license,
 and stop looking for black helicopters.

There isn't any difference.  Without copyrights, there are no licenses;
without licenses, there are no copyrights.

-- 
Anthony


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Re: Why in the world you should have a vote: was RE: Please don't change Beastie to another crap logo suchas NetBSD!!!

2005-02-12 Thread Anthony Atkielski
Dag-Erling Smørgrav writes:

 To whom?  The FreeBSD project is not a legal entity.

Then I can release it to the public domain.

 That is a very bad idea, because you can't disclaim liability for work
 which you release in the public domain.

Whether you retain or relinquish the copyright has no effect on your
liability.

-- 
Anthony


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Re: Why in the world you should have a vote: was RE: Please don't change Beastie to another crap logo suchas NetBSD!!!

2005-02-12 Thread Chuck Swiger
Anthony Atkielski wrote:
Dag-Erling Smørgrav writes:
You need to understand the difference between copyright and license,
and stop looking for black helicopters.
There isn't any difference.  Without copyrights, there are no licenses;
without licenses, there are no copyrights.
A = copyright, B = license.  A != B.
If this still does not make it clear, go look up the words or talk to somebody 
who knows the difference and is willing to explain it to you.  Until then, 
your comments resemble someone who is color-blind explaining that there is no 
difference between red and green to people who possess normal sight.

For all of the sound and fury of these threads, I don't see any code being 
written, any PRs being filed, or any technical questions being asked.  Please 
use chat or advocacy.

--
-Chuck
PS: I want a pony, too!
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Re: Why in the world you should have a vote: was RE: Please don't change Beastie to another crap logo suchas NetBSD!!!

2005-02-12 Thread Anthony Atkielski
Chuck Swiger writes:

 A = copyright, B = license.  A != B.

A license is limited permission to use copyrighted material.  A
copyright is the right to restrict the use of material without a
license.

-- 
Anthony


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Why in the world you should have a vote: was RE: Please don't change Beastie to another crap logo suchas NetBSD!!!

2005-02-11 Thread Ted Mittelstaedt


 -Original Message-
 From: [EMAIL PROTECTED]
 [mailto:[EMAIL PROTECTED] Behalf Of Robert Marella
 Sent: Friday, February 11, 2005 2:16 PM
 To: Ted Mittelstaedt
 Cc: freebsd-questions@freebsd.org; Garance A Drosehn
 Subject: RE: Please don't change Beastie to another crap logo suchas
 NetBSD!!!


 On Thu, 2005-02-10 at 21:31 -0800, Ted Mittelstaedt wrote:
 
   What if they put it
  to a vote and the userbase all votes for logos that clearly
  represent the Beastie image?  What will have been the point of
  the contest?

 I am a FreeBSD user. I read and sometimes respond to several of the
 lists. I have donated money and will continue to donate money
 to FreeBSD
 no matter what the logo will be.

 I also donate money and volunteer my time to Hospice. I do not get nor
 expect to be able to vote on any issues that may arise  at a board
 meeting for The Hospice of Kona.

 Why in the world should I expect to be able to vote on whether a new
 logo is adopted or not?


I will tell you exactly why and it is one of the most exciting reasons
to use FreeBSD.

With almost ALL OTHER so-called open source projects, and this includes
Linux,
Apple's open source, etc. the source code copyright is held by a company
or
an individual, not by a non-profit that specifically exists for the
purpose
of holding the copyright in public trust.

The exceptions are, of course, the HANDFUL of GNU utilities (such as gcc)
where the copyright was assigned over to the FSF by the authors.

Most of this code is also under the GPL, which is a restrictive license,
not an open one.

Because of this, LOTS of situations exist such as MySQL AB, where the
owners of the copyright - in this case Mysql AB - license mysql out
to companies.  At the same time they issue mysql under the GPL.

Of course, as long as they continue feeding the advances that are
driven by their commercial customers back into the open source code
that is under the GPL, then everything is great for the rest of us.

But, NOTHING prevents them from simply NOT doing this.  Even the Linux
kernel itself remains copyrighted by Linus Torvalds.

So what you say, Linus would never do anything to harm Linux so why
does this matter?

Well, unfortunately the copyright on the Linux kernel is going to
supersede Linus's lifespan.  His heirs will determine what happens
to it.  He has shown no interest in donating it to the FSF.

So what you say, the GPL-licensed Linux kernel will just immediately
fork if his heirs try going after anybody.

Yes, that will happen.  Then for the next 20 years the heirs will file
lawsuits that will make the SCO-suing-IBM lawsuit look like child's play.
Imagine how the FUD will affect commercial users.  And I'm sorry to say
but forking WON'T remove the heir's copyright on Linux - all it will
do is make it possible to continue adding new stuff to it.

This could potentially happen to ANY GPL software that has a copyright
retained by the developer.

The GPL has NEVER YET BEEN TESTED IN COURT.  The FSF in fact has an
entire team of lawyers that specialize in out-of-court settlements
SPECIFICALLY TO PREVENT the GPL from EVER being legally tested.  So
far this HAS worked because all plaintiffs have had their price.

But sooner or later a plaintiff will come along that will not give
a crap how much money the FSF offers them, they will insist on going
to trial and having a judge decide.  If the judge then rules the
GPL is a pile of dog poop - imagine what will happen.

In fact, no less than the FSF themselves, STRONGLY ENCOURAGE anyone
licensing their code under GPL to donate the copyright to the FSF
simply to avoid this kind of problem.  Very few so far have done so.

With BSD, the copyrights on it are held by the University of Berkeley
and by the FreeBSD Project.  The COPYRIGHT, (not the license) is
SPECIFICALLY written to PERMIT COMPLETELY UNRESTRICTED USE of the
code - with the one exception - that is if you use any BSD code
in your product, that YOUR OWN COPYRIGHT MUST mention that some of
the code is copyrighted by UCB and the FreeBSD Project.

YOU ARE NOT PREVENTED FROM ANY REDISTRIBUTION of the software.  Meaning
that you can use it and sell it the SAME as if you wrote a product
from scratch and sold it.

And here is the best part:

WHO makes up The FreeBSD Project?

Is it the committers?  NO

Is it UCB?  NO

Is it any single developer? NO

It is EVERYONE WHO CONTRIBUTES ANYTHING TO FREEBSD.  You, me, anyone
who wants to be involved in the FreeBSD Project, all you need to do
is start contributing and YOU ARE IN IT!!!

Thus, FREEBSD BELONGS TO YOU!!  That's, right YOU!!  Your a member
of the FreeBSD Project - you are one of the owners of the FreeBSD
code.  That's it, simple as that.

So, of course you should have a vote.

Ted

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