Re: Commercial Licensing

2013-08-10 Thread Daniel Feenberg



On Fri, 9 Aug 2013, kpn...@pobox.com wrote:


On Fri, Aug 09, 2013 at 08:41:04PM -0500, Someth San wrote:

Hello,

I'm interested in installing FreeBSD into a small form factor PC for
commercial use and was wondering whether there is a EULA in place for that
purpose. I would like to avoid the open source requirement of disclosing my
codes to a public community.




You haven't said if commercial use includes the distribution of 
executables.


Note that the GPL requirement to disclose source applies only if binaries 
are distributed outside your establishment. You can make commercial use of 
the device inside your firm of GPL code without violating the GPL.  This 
is often forgotten in discussion, and leads to unnecessary worry.


Daniel Feenberg
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Re: Commercial Licensing

2013-08-10 Thread Nikola Pavlović
On 10/08/13 03:41, Someth San wrote:
 Hello,
 
 I'm interested in installing FreeBSD into a small form factor PC for
 commercial use and was wondering whether there is a EULA in place for that
 purpose. I would like to avoid the open source requirement of disclosing my
 codes to a public community.
 
 If you can provide some information/direction in this regard, I would
 greatly appreciate it.
 

As others have said, you can do what you want to do with FreeBSD
licenced code.  The third party components in the base system that are
under different licences are in /usr/src/contrib and /usr/src/gnu, so
look there for potential problems.

And as Daniel has said, if you're not going to distribute the binaries
even the GPL code isn't a problem.  In any case, you should consult a
lawyer specializing in *software* copyright, not just any copyright
lawyer because depending on what you want to do, GPL can be very
complicated.


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Commercial Licensing

2013-08-09 Thread Someth San
Hello,

I'm interested in installing FreeBSD into a small form factor PC for
commercial use and was wondering whether there is a EULA in place for that
purpose. I would like to avoid the open source requirement of disclosing my
codes to a public community.

If you can provide some information/direction in this regard, I would
greatly appreciate it.

Thank you.

Regards,

Someth San
Indesyne Inc.


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Re: Commercial Licensing

2013-08-09 Thread James Gosnell
I'm not a lawyer, but you need to read the BSD license. You can pretty much
do anything you want with something that is licensed by it.


On Fri, Aug 9, 2013 at 8:41 PM, Someth San s...@indesyne.com wrote:

 Hello,

 I'm interested in installing FreeBSD into a small form factor PC for
 commercial use and was wondering whether there is a EULA in place for that
 purpose. I would like to avoid the open source requirement of disclosing my
 codes to a public community.

 If you can provide some information/direction in this regard, I would
 greatly appreciate it.

 Thank you.

 Regards,

 Someth San
 Indesyne Inc.


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Re: Commercial Licensing

2013-08-09 Thread mikel king
Greetings Someth,

With FreeBSD you are free use as you see fit. Think of the BSD license in terms 
of 'Free' beer and not the freedom to look under the hood like some other mock 
free licenses. If this were not the case then Apple would not have been able to 
derive Mac OS X from FreeBSD and close the source of their product. 

The nature of the various FreeBSD licenses allow for you to do this with the 
exception of some newer versions of the license the include an anti relicensing 
clause which essentially prohibits you from taking a BSD licensed code based 
and relicensing it under one of the GPL versions. At this point those sorts of 
addendum's are rare but definitely becoming more popular. 

Ultimately there is not requirement that you give back to the BSD community in 
the form of your code additions however you are strongly encourage to do so, 
the choice is yours.

Finally I would recommend consulting an IP attorney for a review of the current 
license just to ensure that everything is still as it was explained to me a 
long time ago by mine.

Regards,
Mikel

On Aug 9, 2013, at 9:41 PM, Someth San s...@indesyne.com wrote:

 Hello,
 
 I'm interested in installing FreeBSD into a small form factor PC for
 commercial use and was wondering whether there is a EULA in place for that
 purpose. I would like to avoid the open source requirement of disclosing my
 codes to a public community.
 
 If you can provide some information/direction in this regard, I would
 greatly appreciate it.
 
 Thank you.
 
 Regards,
 
 Someth San
 Indesyne Inc.
 
 
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Re: Commercial Licensing

2013-08-09 Thread James Gosnell
GPL'ed software in the base system: https://wiki.freebsd.org/GPLinBase


On Fri, Aug 9, 2013 at 9:58 PM, kpn...@pobox.com wrote:

 On Fri, Aug 09, 2013 at 08:41:04PM -0500, Someth San wrote:
  Hello,
 
  I'm interested in installing FreeBSD into a small form factor PC for
  commercial use and was wondering whether there is a EULA in place for
 that
  purpose. I would like to avoid the open source requirement of disclosing
 my
  codes to a public community.

 This requirement of disclosure isn't so much an open source thing, it's
 required by some popular licenses (like the GPL). The rather large group
 of people in software has groups that prefer restrictive licenses like the
 GPL, and other groups who prefer licenses with fewer restrictions.

 Be aware that FreeBSD isn't covered by a single license. Rather, it is
 made up of a large number of pieces of software that came from various
 sources over a lot of years.

 In general FreeBSD tries to avoid using those kinds of license that you
 are saying you want to avoid. But in the set of all software that make up
 FreeBSD there is still code left covered by it. With a little care you can
 avoid getting bitten by this. Which leads to my next point...

  If you can provide some information/direction in this regard, I would
  greatly appreciate it.

 I want to second the advice of talking to a lawyer who specializes in
 copyright. The lawyer should be working for you and paid by you (or your
 business, etc). Any time real money is involved you should hire a lawyer.

 Any time real money is involved you should hire a lawyer. Any time the
 outcome matters you should hire a lawyer.

 Seriously, your use of the term EULA shows you need to talk to a lawyer.

 Give your lawyer the FreeBSD source code and your lawyer can look at it
 and advise you.

 But don't let this scare you. With a little care you will probably be just
 fine.

 --
 A method for inducing cats to exercise consists of directing a beam of
 invisible light produced by a hand-held laser apparatus onto the floor ...
 in the vicinity of the cat, then moving the laser ... in an irregular way
 fascinating to cats,... -- US patent 5443036, Method of exercising a cat
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Re: use of the kernel and licensing

2013-04-01 Thread Joe

snip

How do you explain all the forks of UNIX each claiming their own 
copyright. They all provide the same concept, use the same names for 
their commands, use the same programming language, have a filesystem as 
their base. Just where is the line drawn between a fork and a rewrite?

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Re: use of the kernel and licensing

2013-04-01 Thread Erich Dollansky
Hi,

On Mon, 01 Apr 2013 10:26:15 -0400
Joe fb...@a1poweruser.com wrote:

 snip
 
 How do you explain all the forks of UNIX each claiming their own 
 copyright. They all provide the same concept, use the same names for 
 their commands, use the same programming language, have a filesystem
 as their base. Just where is the line drawn between a fork and a
 rewrite? 

just go back in history and find out why the ATT code in BSD was
rewritten.

Erich

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Re: use of the kernel and licensing

2013-04-01 Thread Steve O'Hara-Smith
On Mon, 01 Apr 2013 10:26:15 -0400
Joe fb...@a1poweruser.com wrote:

 snip
 
 How do you explain all the forks of UNIX each claiming their own 
 copyright.

Look very carefully at the copyrights involved, you will see
copyright attributions retained very carefully (see for example the
file /usr/src/COPYRIGHT in FreeBSD).

 They all provide the same concept, use the same names for 
 their commands, use the same programming language, have a filesystem as 
 their base.

These features are defined in open standards (POSIX and SUS) for
anyone who cares to implement them.

 Just where is the line drawn between a fork and a rewrite?

That's simple in essence, if it's written by taking a copy of the
code and modifying it then it's a fork (until and unless you can prove that
not one single line of the original code remains), if it's written from
scratch with no reference to the original code then it's a rewrite. I
suppose there are edge cases where a rewrite may include a portion taken
from the original (assuming compatible licensing), or where a fork has been
so heavily modified that little of the original remains.

-- 
Steve O'Hara-Smith st...@sohara.org
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Re: use of the kernel and licensing

2013-04-01 Thread Joshua Isom

On 4/1/2013 11:41 AM, kpn...@pobox.com wrote:

Copyright covers expressions of ideas. It does not cover the ideas themselves.
You can't copyright a concept, you can't copyright filesystems, and I
believe in the past few years a high court in the EU ruled that you can't
copyright a programming language. None of the things mentioned above are
covered by copyright.

Copyright would cover the implementations of these things. That's why it
was necessary to reimplement much of BSD.



Here's where it gets annoying, copyrights cover implementations, and 
patents can cover the ideas.  A lot of patents use an on a computer 
line to get it called an invention instead of an math equation.

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Re: use of the kernel and licensing

2013-03-31 Thread Joe

kpn...@pobox.com wrote:

On Sat, Mar 30, 2013 at 09:22:22AM -0400, Maikoda Sutter wrote:

If I use the kernel as a basis for my own system and modify the kernel
should I still maintain the licensing of the kernel bits, or could release
it under it's own license?

For example: I would like to rewrite the headers to be 100% POSIX compliant
and I do like the BSD license, however I was planning on releasing my whole
system under the Unlicense, I understand that certain headers and code that
I do not modify has to be released under the BSD license as that is the
original license of the code, however for headers or code that I modify can
I release it under the Unlicense (http://unlicense.org/)?

I do plan on giving credit where it is due and such to the wonderful
developers of FreeBSD and those that wrote the original code because
without you I would not be able to produce so rapidly that which I am
looking to produce I just would like clarification on the extent that I
would have to license things via the BSD license.


You cannot yourself change the license on code you do not hold the copyright
on. Period.

If you make changes and redistribute them then add your copyright notice
with license to the files. Do not remove the existing copyright notice(s)
and license(s).

You hold the copyright for stuff you wrote, but the original copyright
stays for the parts that did not come from you. Parts means any fraction
of a file from the whole file down to small amounts. You are allowed to
add restrictions (unless the existing license says you can't), but you are
not allowed to loosen the existing restrictions (unless the existing license
says you can). Also, it follows from the copyright that your license only
applies to the parts copyrighted by you.  The existing licenses are similar
in that they apply only to their parts of the file. All licenses must be
followed when the file is treated (copied, used, etc) as a whole.

Make sure your license isn't incompatible with the license that applies
to other parts of the same file. If that happens then how it will turn out
in court is anyone's guess. The file may not be usable by the public, or
the incompatible license terms added by you may be struck down, or a judge
could cook up something else. It can't be predicted in advance so just
don't even go there.

Giving credit where it is due is an important social convention, and I'm
glad to see that you aren't planning on doing anything unethical like
breaking it. But copyright comes from the law and thus must be obeyed even
if you wanted to break purely social conventions.

Read up on copyright, and when you do pay close attention to the reliability
of the source. The issue has become very political in the past 15 years
or so. Don't be badly advised by someone who has their own agenda. Most
people, to varying degrees, have their own agenda.

Finally, if money is at stake (directly or indirectly) I strongly advise
talking to a copyright lawyer in particular. That's just general advice.
Taking advice from random people online is not a good idea if any money
is involved, but I'd give the same advice to my best friend. The general
rule applies here as it does elsewhere: You get what you pay for.



Does one have to file legal paper work with the government to be issued 
a copyright on software?


Does any software not having a copyright statement or any license 
comments included in the source mean that it's public domain?



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Re: use of the kernel and licensing

2013-03-31 Thread Teske, Devin

On Mar 31, 2013, at 6:39 AM, Joe fb...@a1poweruser.com wrote:

 kpn...@pobox.com wrote:
 On Sat, Mar 30, 2013 at 09:22:22AM -0400, Maikoda Sutter wrote:
 If I use the kernel as a basis for my own system and modify the kernel
 should I still maintain the licensing of the kernel bits, or could release
 it under it's own license?
 
 For example: I would like to rewrite the headers to be 100% POSIX compliant
 and I do like the BSD license, however I was planning on releasing my whole
 system under the Unlicense, I understand that certain headers and code that
 I do not modify has to be released under the BSD license as that is the
 original license of the code, however for headers or code that I modify can
 I release it under the Unlicense (http://unlicense.org/)?
 
 I do plan on giving credit where it is due and such to the wonderful
 developers of FreeBSD and those that wrote the original code because
 without you I would not be able to produce so rapidly that which I am
 looking to produce I just would like clarification on the extent that I
 would have to license things via the BSD license.
 You cannot yourself change the license on code you do not hold the copyright
 on. Period.
 If you make changes and redistribute them then add your copyright notice
 with license to the files. Do not remove the existing copyright notice(s)
 and license(s).
 You hold the copyright for stuff you wrote, but the original copyright
 stays for the parts that did not come from you. Parts means any fraction
 of a file from the whole file down to small amounts. You are allowed to
 add restrictions (unless the existing license says you can't), but you are
 not allowed to loosen the existing restrictions (unless the existing license
 says you can). Also, it follows from the copyright that your license only
 applies to the parts copyrighted by you.  The existing licenses are similar
 in that they apply only to their parts of the file. All licenses must be
 followed when the file is treated (copied, used, etc) as a whole.
 Make sure your license isn't incompatible with the license that applies
 to other parts of the same file. If that happens then how it will turn out
 in court is anyone's guess. The file may not be usable by the public, or
 the incompatible license terms added by you may be struck down, or a judge
 could cook up something else. It can't be predicted in advance so just
 don't even go there.
 Giving credit where it is due is an important social convention, and I'm
 glad to see that you aren't planning on doing anything unethical like
 breaking it. But copyright comes from the law and thus must be obeyed even
 if you wanted to break purely social conventions.
 Read up on copyright, and when you do pay close attention to the reliability
 of the source. The issue has become very political in the past 15 years
 or so. Don't be badly advised by someone who has their own agenda. Most
 people, to varying degrees, have their own agenda.
 Finally, if money is at stake (directly or indirectly) I strongly advise
 talking to a copyright lawyer in particular. That's just general advice.
 Taking advice from random people online is not a good idea if any money
 is involved, but I'd give the same advice to my best friend. The general
 rule applies here as it does elsewhere: You get what you pay for.
 
 Does one have to file legal paper work with the government to be issued a 
 copyright on software?
 

No, copyrights are more like artists signing their work -- in a standardized 
way -- but every bit as legally binding.

They are first come priority in the court of law and if-ever disputed, often 
require correlative evidentiary proof to show true ownership (a notarized copy 
of the work mailed to yourself kept in an unopened envelope perhaps).


 Does any software not having a copyright statement or any license comments 
 included in the source mean that it's public domain?
 

Be careful here.

The answer to your question is NO.

If a work lacks a license in the source, it may be on the website. If you can't 
find a license, you must always contact the author(s) before forking something. 
If you can neither find the license nor the contact info, it's always best to 
assume it is not for reuse. Even the, if you used code that was from an unknown 
origin with no license and no author, you should indicate as such in the header 
of such source files.

Essentially what it boils down to, is that in the court of law (if someone 
indicts or brings a civil suit) you may have to account for the origin of every 
line -- so that's why:

1. If a file has an inline license (beerware, gpl, bsd, apple, or even one you 
make up all your own), it must stay there to mark the origins

2. If a file is lacking an inline license, it is often because the license is 
too long or unwieldy to embed and it is in a COPYING file distributed with the 
source code OR in a terms of agreement on the website (in which case you should 
download it and place

Re: use of the kernel and licensing

2013-03-31 Thread Polytropon
On Sun, 31 Mar 2013 09:39:29 -0400, Joe wrote:
 Does one have to file legal paper work with the government to be issued 
 a copyright on software?

With _which_ government? :-)

Basic understanding of copyright is: The stuff _you_ write
happens automatically under _your_ copyright, because you
are the creator. There is nothing you need to do to achieve
the copyright - it's yours by acting. At the moment you
write something like (C) Joe Sixpack 2012 it's set in
stone.

There might be other ways to prove (!) copyright, e. g. when
one of your files appears in someone else's work, but now
with the originator line saying (C) Nick Nosewhite 2013.
In case of a court trial which involves copyright, you can
prove from your CVS log of creation (or whatever source
management system or even file system you use) that _you_
have been writing that code, nobody else.



 Does any software not having a copyright statement or any license 
 comments included in the source mean that it's public domain?

I would assume this. Imagine a snippet of code with no author
mentioned in it (or in the source it comes from, or any file
it is accompanied by), how would you be able to conclude
something _else_ than this is public domain with _no_
copyright holder?



Note that copyright and license are two different things.
A skilled lawyer will be able to explain it more precisely
and show you how it applies for the jurisdiction you're
living in.



-- 
Polytropon
Magdeburg, Germany
Happy FreeBSD user since 4.0
Andra moi ennepe, Mousa, ...
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Re: use of the kernel and licensing

2013-03-31 Thread Michael Ross

On Sun, 31 Mar 2013 16:31:43 +0200, Polytropon free...@edvax.de wrote:


On Sun, 31 Mar 2013 09:39:29 -0400, Joe wrote:

Does one have to file legal paper work with the government to be issued
a copyright on software?


With _which_ government? :-)

Basic understanding of copyright is: The stuff _you_ write
happens automatically under _your_ copyright, because you
are the creator. There is nothing you need to do to achieve
the copyright - it's yours by acting. At the moment you
write something like (C) Joe Sixpack 2012 it's set in
stone.

There might be other ways to prove (!) copyright, e. g. when
one of your files appears in someone else's work, but now
with the originator line saying (C) Nick Nosewhite 2013.
In case of a court trial which involves copyright, you can
prove from your CVS log of creation (or whatever source
management system or even file system you use) that _you_
have been writing that code, nobody else.




Does any software not having a copyright statement or any license
comments included in the source mean that it's public domain?


I would assume this. Imagine a snippet of code with no author
mentioned in it (or in the source it comes from, or any file
it is accompanied by), how would you be able to conclude
something _else_ than this is public domain with _no_
copyright holder?


I think you are wrong here.

quoting http://en.wikipedia.org/wiki/Public_domain_software:
Under the Berne Convention, which most countries have signed, an author  
automatically obtains the exclusive copyright to anything they have  
written, and local law may similarly grant copyright, patent, or trademark  
rights by default. The Berne Convention also covers programs. Therefore, a  
program is automatically subject to a copyright, and if it is to be placed  
in the public domain, the author must explicitly disclaim the copyright  
and other rights on it in some way.


Note the wording explicitly disclaim.

While German law has something like a triviality threshold which may  
well apply to very small code snippets,

i'd say no included license by default means all rights reserved.


Regards,

Michael
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Re: use of the kernel and licensing

2013-03-31 Thread Polytropon
On Sun, 31 Mar 2013 16:43:27 +0200, Michael Ross wrote:
 On Sun, 31 Mar 2013 16:31:43 +0200, Polytropon free...@edvax.de wrote:
 
  On Sun, 31 Mar 2013 09:39:29 -0400, Joe wrote:
  Does one have to file legal paper work with the government to be issued
  a copyright on software?
 
  With _which_ government? :-)
 
  Basic understanding of copyright is: The stuff _you_ write
  happens automatically under _your_ copyright, because you
  are the creator. There is nothing you need to do to achieve
  the copyright - it's yours by acting. At the moment you
  write something like (C) Joe Sixpack 2012 it's set in
  stone.
 
  There might be other ways to prove (!) copyright, e. g. when
  one of your files appears in someone else's work, but now
  with the originator line saying (C) Nick Nosewhite 2013.
  In case of a court trial which involves copyright, you can
  prove from your CVS log of creation (or whatever source
  management system or even file system you use) that _you_
  have been writing that code, nobody else.
 
 
 
  Does any software not having a copyright statement or any license
  comments included in the source mean that it's public domain?
 
  I would assume this. Imagine a snippet of code with no author
  mentioned in it (or in the source it comes from, or any file
  it is accompanied by), how would you be able to conclude
  something _else_ than this is public domain with _no_
  copyright holder?
 
 I think you are wrong here.
 
 quoting http://en.wikipedia.org/wiki/Public_domain_software:
 Under the Berne Convention, which most countries have signed, an author  
 automatically obtains the exclusive copyright to anything they have  
 written, and local law may similarly grant copyright, patent, or trademark  
 rights by default. The Berne Convention also covers programs. Therefore, a  
 program is automatically subject to a copyright, and if it is to be placed  
 in the public domain, the author must explicitly disclaim the copyright  
 and other rights on it in some way.
 
 Note the wording explicitly disclaim.

This exactly expresses my interpretation, maybe I didn't find
the right words. Obtaining copyright is implicit (by creating
stuff), giving up copyright is an explicit act.

Copyright information and licensing statements don't have to
be neccessarily included in the file in question, they could
also be in a file coming with the file in question, such
as a LICENSE text file or AUTHORS, or in a manpage refering
to a specific program (even though it's quite common to place
that information at least as comments in source files). No
not finding this information in the source and therefor _assuming_
there is no copyright holder or no license (and therefor all
rights granted) is wrong.

An exception might actually be code snippets below the 'triviality
threshold' (as you mentioned is at least known in Germany) which
have been published anonymously. In this case, neither an author
or a license can be found, and in the absence of _both_, the
assumption of the snippet being in the public domain would at
least be undertandable. If it is _valid_ under all circumstances
and in all juristictions, that's a totally different questions,
to be answered by two lawyers with three opinions. :-)



 While German law has something like a triviality threshold which may  
 well apply to very small code snippets,
 i'd say no included license by default means all rights reserved.

As for licenses (copyright aside), this may very well be. If
no rights are explicitely granted (even the do whatever you
want right), it could be invalid to simply _assume_ such a
right.

The no license included approach, on the other hand, could
also show the authors attitude as I don't care, also a valid
standpoint...




-- 
Polytropon
Magdeburg, Germany
Happy FreeBSD user since 4.0
Andra moi ennepe, Mousa, ...
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use of the kernel and licensing

2013-03-30 Thread Maikoda Sutter
If I use the kernel as a basis for my own system and modify the kernel
should I still maintain the licensing of the kernel bits, or could release
it under it's own license?

For example: I would like to rewrite the headers to be 100% POSIX compliant
and I do like the BSD license, however I was planning on releasing my whole
system under the Unlicense, I understand that certain headers and code that
I do not modify has to be released under the BSD license as that is the
original license of the code, however for headers or code that I modify can
I release it under the Unlicense (http://unlicense.org/)?

I do plan on giving credit where it is due and such to the wonderful
developers of FreeBSD and those that wrote the original code because
without you I would not be able to produce so rapidly that which I am
looking to produce I just would like clarification on the extent that I
would have to license things via the BSD license.

Respectively Yours,

Maikoda Raine
Arrogant Penguin Industries
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Re: Free BSD Licensing

2010-03-24 Thread Richard Tobin
 As the FreeBSD license is less restrictive than the GPL, it's pretty
 much safe to say that wherever you are permitted install GPL'd software,
 you could substitute FreeBSD licensed software without legal penalty.
 (Note: *install* -- redistribution is a different matter)

You do not have to agree to the GPL to use GPL'd software: it
explicitly says that it only covers copying, distribution and
modification and not running the program.

The FreeBSD licence on the other hand only allows you to use the
software if you agree to the conditions - which only affect
redistribution, so if you do not redistribute it, the licence
terms do not affect you.

I suppose a theoretical difference is that if you redistribute FreeBSD
in violation of the conditions you no longer have the right to use it,
which is not true for the GPL.

-- Richard

-- 
The University of Edinburgh is a charitable body, registered in
Scotland, with registration number SC005336.

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Free BSD Licensing

2010-03-23 Thread jeguelf5
Free BSD representative,

I am inquiring if Free BSD is installable under the The GNU General Public 
License (short: GNU GPL or simply GPL)?  Need to verify that for the 
requester of this software as coming through our subcontracts division.


Jack Guelff
Subcontracts Administrator 
Software and Intellectual Property Licensing 
Office: (319) 263-0985 
Fax: (319) 295-2075 
jegue...@rockwellcollins.com 
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Re: Free BSD Licensing

2010-03-23 Thread Gary Gatten
FBSD has it's own licensing.  I'll defer to others as to the details, or visit 
www.freebsd.org

- Original Message -
From: owner-freebsd-questi...@freebsd.org owner-freebsd-questi...@freebsd.org
To: questi...@freebsd.org questi...@freebsd.org
Sent: Tue Mar 23 09:40:15 2010
Subject: Free BSD Licensing

Free BSD representative,

I am inquiring if Free BSD is installable under the The GNU General Public 
License (short: GNU GPL or simply GPL)?  Need to verify that for the 
requester of this software as coming through our subcontracts division.


Jack Guelff
Subcontracts Administrator 
Software and Intellectual Property Licensing 
Office: (319) 263-0985 
Fax: (319) 295-2075 
jegue...@rockwellcollins.com 
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Re: Free BSD Licensing

2010-03-23 Thread Matthew Seaman
-BEGIN PGP SIGNED MESSAGE-
Hash: SHA1

On 23/03/2010 14:40:15, jegue...@rockwellcollins.com wrote:
 Free BSD representative,
 
 I am inquiring if Free BSD is installable under the The GNU General Public 
 License (short: GNU GPL or simply GPL)?  Need to verify that for the 
 requester of this software as coming through our subcontracts division.

Mostly FreeBSD uses the FreeBSD license:

http://www.freebsd.org/copyright/freebsd-license.html

This is an open-source license according to the OSI terms.  Some
software within the FreeBSD distribution is licensed under the GPL or LGPL.

As the FreeBSD license is less restrictive than the GPL, it's pretty
much safe to say that wherever you are permitted install GPL'd software,
you could substitute FreeBSD licensed software without legal penalty.
(Note: *install* -- redistribution is a different matter)

Cheers,

Matthew

- -- 
Dr Matthew J Seaman MA, D.Phil.   7 Priory Courtyard
  Flat 3
PGP: http://www.infracaninophile.co.uk/pgpkey Ramsgate
  Kent, CT11 9PW
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Version: GnuPG/MacGPG2 v2.0.14 (Darwin)
Comment: Using GnuPG with Mozilla - http://enigmail.mozdev.org/

iEYEARECAAYFAkupGVkACgkQ8Mjk52CukIx/EACghGCkDasLFw/1tVlBO/mlZR3f
P0UAn0iZDeRfWg8t30lPXfHSgo+NycHx
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Re: Free BSD Licensing

2010-03-23 Thread Henrik Hudson
On Tue, 23 Mar 2010, jegue...@rockwellcollins.com wrote:

 Free BSD representative,
 
 I am inquiring if Free BSD is installable under the The GNU General Public 
 License (short: GNU GPL or simply GPL)?  Need to verify that for the 
 requester of this software as coming through our subcontracts division.

How do you install something under a license? FreeBSD is developed
and distributed using the BSD license. More information is available
at www.freebsd.org  

If you're wondering whether or not FreeBSD is freely available and
can be installed in a commerical environment then the short answer would
be yes. However, I encourage you to read the licensing clauses
available on www.freebsd.org, specifically here:
http://www.freebsd.org/copyright/freebsd-license.html

This wiki gives a decent overview of the differences:
http://en.wikipedia.org/wiki/Free_software_licence


Henrik
-- 
Henrik Hudson
li...@rhavenn.net
-
God, root, what is difference? Pitr; UF 

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Re: Free BSD Licensing

2010-03-23 Thread Mehmet Erol Sanliturk
On Tue, Mar 23, 2010 at 10:40 AM, jegue...@rockwellcollins.com wrote:

 Free BSD representative,

 I am inquiring if Free BSD is installable under the The GNU General Public
 License (short: GNU GPL or simply GPL)?  Need to verify that for the
 requester of this software as coming through our subcontracts division.


 Jack Guelff
 Subcontracts Administrator
 Software and Intellectual Property Licensing
 Office: (319) 263-0985
 Fax: (319) 295-2075
 jegue...@rockwellcollins.com
 



I am NOT a lawyer , therefore my views can not be considered a legal advice
.

I think , your best action would be to ask to a lawyer ( being expert on
copyright and licensing issues ) for legal issues of such a question to be
answered properly .

If you consider GPL , its most important requirement is that when a GPL
licensed software is distributed to others , the source is also should be
supplied with respect to GPL license rules .

A BSD licensed software can be used in ANY WAY without removing its license
and copyright terms .

If you study

http://www.gnu.org/licenses/gpl.html
http://www.gnu.org/licenses/gpl-faq.html#CombinePublicDomainWithGPL
http://www.gnu.org/licenses/gpl-faq.html#OrigBSD

you will see that it is not possible to combine each free and permissive
licensed software with a GPL licensed software . Therefore , for FreeBSD ,
it is necessary to review each file with respect to GPL combination .

Another point is that GPL license can cover only USED parts within a GPL
licensed software . If FreeBSD is not , let´s say , called by , or linked
into a GPL licensed software  , it will NOT be GPL license covered . It is
obvious that any software with its own license terms can NOT be re-licensed
as GPL licensed software , at least because GPL can NOT remove its own
license , but it can or can not be utilized within a GPL licensed software .

As a result , my opinion is that FreeBSD can NOT be re-licensed as a GPL
licensed software as a whole .  In reality , this is not necessary also
because FreeBSD sources are open to public through its source repositories .


Thank you very much .


Mehmet Erol Sanliturk
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Re: source code licensing questions

2009-07-28 Thread son goku
Thank you all for your detailed answers.
Indeed, sounds like we will need some lawyer advice...
My gut feeling is that we are going with the BSD license with day one. I am
relatively new to open source myself (Been developing most of my work on
closed source UNIX systems and windows), but I hope to catch up very soon.




On Mon, Jul 27, 2009 at 7:30 PM, Mehmet Erol Sanliturk 
m.e.sanlit...@gmail.com wrote:



 On Mon, Jul 27, 2009 at 8:42 AM, son goku ryu.pla...@gmail.com wrote:

 Thanks guys for the prompt answers!!!
 It seems weird that code that uses dtrace must be opened. I mean every
 serious production level application must have some dtrace-like mechanism
 inside to collect online information when needed. It is a shame that
 because
 of licensing issues, I will have to roll-my-own and re-invent the wheel
 all
 over again, probably with cruder and implementation that is more flawed
 compared to dtrace.

 I wonder what all the proprietary modules for Solaris  (VxVM jumps to
 mind...)  or BSD do? Or there are no such modules anymore...





 http://www.sun.com/cddl/

 -
 http://www.sun.com/cddl/cddl.html


-

*1.3. “Covered Software”* means (a) the Original Software, or (b)
Modifications, or (c) the combination of files containing Original Software
with files containing Modifications, in each case including portions
thereof.



-

*1.6. “Larger Work”* means a work which combines Covered Software or
portions thereof with code not governed by the terms of this License.
-


-

*3.6. Larger Works.*

You may create a Larger Work by combining Covered Software with other
code not governed by the terms of this License and distribute the Larger
Work as a single product. In such a case, You must make sure the
requirements of this License are fulfilled for the Covered Software.

 --

 http://www.opensource.org/licenses/cddl1.php
 http://opensolaris.org/os/licensing/cddllicense.txt
 http://opensolaris.org/os/licensing/opensolaris_license/
 http://www.opensolaris.com/licensing/opensolaris_license/
 http://www.netbeans.org/cddl.html
 http://www.openmediacommons.org/CDDL_License.html

 http://www.gnu.org/philosophy/license-list.html
  Common Development and Distribution License (CDDL), version 
 1.0http://www.opensolaris.org/os/licensing/cddllicense.txt

 This is a free software license. It has a copyleft with a scope that's
 similar to the one in the Mozilla Public License, which makes it
 incompatible with the GNU GPL http://www.gnu.org/licenses/gpl.html. This
 means a module covered by the GPL and a module covered by the CDDL cannot
 legally be linked together. We urge you not to use the CDDL for this reason.

 Also unfortunate in the CDDL is its use of the term “intellectual 
 propertyhttp://www.gnu.org/philosophy/not-ipr.html
 ”.


 http://en.wikipedia.org/wiki/Common_Development_and_Distribution_License
 http://soundadvice.id.au/blog/2005/02/04/#cddl


 ===
 http://www.opensolaris.org/os/about/faq/licensing_faq/

 *If I use code licensed under the CDDL in my proprietary product, will I
 have to share my source code?*

 Yes, for any source files that are licensed under the CDDL and any
 modifications you make. However, you don't need to share the source for your
 proprietary source files.
 ===

 http://lwn.net/Articles/114839/



 I am NOT a lawyer , therefore my opinions does NOT have any legal value .

 In short , CDDL does NOT require to disclose your OWN proprietary sources ,
 BUT ONLY requires to explicitly supply CDDL licensed parts with any changes
 applied to them with respect to CDDL license .

 If you are a commercial entity my suggestion would be to seek legal advise
 from a lawyer with expertise on software licenses and copyrights .


 Thank you very much .


 Mehmet Erol Sanliturk



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source code licensing questions

2009-07-27 Thread son goku
Hi all,
I am a part of a team that is planning to open a start-up company.
We plan to ship a revolutionary storage controller.

We are now investigating possible OS for the product. The choices that we
came up with are either LINUX or Free-BSD.
I am strongly biased toward Free-BSD, however I still need to understand the
licensing impacts of using a Free-BSD kernel.

Browsing the web about the BSD license just made me confused. Seems like to
understand these licensing issues you must be a lawyer.

I got the following questions regarding source license:
1.Do I need to open the source code for my product if I use the BSD kernel
as part of the product?
2.If I do some kernel changes, do I need to open those changes as well?
3.What about Dtrace, if I use DTrace will I need to open code that use it?
4.Suppose the answer for 1-3 is no, s there any other reason why I need to
open the code.

Please understand that my questions stem from the fact that we are afraid of
exposing our source code, especially during the first phases of the project.
It is more than possible, that we will re-consider our approach in later
stages and open some or all our code to the community.

Thanks!!
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Re: source code licensing questions

2009-07-27 Thread Jonathan Chen
On Mon, Jul 27, 2009 at 11:58:14AM +0300, son goku wrote:

[...]
 Browsing the web about the BSD license just made me confused. Seems like to
 understand these licensing issues you must be a lawyer.

Basically the BSD licence is: do what you like, but:

1. don't say you did it all by yourself.
2. you can't blame us for anything.
3. Include the COPYRIGHT notice.

 I got the following questions regarding source license:
 1.Do I need to open the source code for my product if I use the BSD kernel
 as part of the product?

No.

 2.If I do some kernel changes, do I need to open those changes as well?

No.

 3.What about Dtrace, if I use DTrace will I need to open code that use it?

The CDDL licence seems to imply that you do.

 4.Suppose the answer for 1-3 is no, s there any other reason why I need to
 open the code.

Only if you feel like it.

-- 
Jonathan Chen j...@chen.org.nz
--
  Jesus saves.
   Allah forgives.
 Cthulu thinks you'd make a nice sandwich.
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Re: source code licensing questions

2009-07-27 Thread Vincent Hoffman
Jonathan Chen wrote:
 
 4.Suppose the answer for 1-3 is no, s there any other reason why I need to
 open the code.
 
 Only if you feel like it.
 
I'd make that, Only if you feel like it or would like the warm glow of
giving back to the community (and of course all those extra eyes to
audit and improve your code ;) )  That said their is no obligation at all.

Vince
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Re: source code licensing questions

2009-07-27 Thread son goku
Thanks guys for the prompt answers!!!
It seems weird that code that uses dtrace must be opened. I mean every
serious production level application must have some dtrace-like mechanism
inside to collect online information when needed. It is a shame that because
of licensing issues, I will have to roll-my-own and re-invent the wheel all
over again, probably with cruder and implementation that is more flawed
compared to dtrace.

I wonder what all the proprietary modules for Solaris  (VxVM jumps to
mind...)  or BSD do? Or there are no such modules anymore...


On Mon, Jul 27, 2009 at 2:28 PM, Vincent Hoffman vi...@unsane.co.uk wrote:

 Jonathan Chen wrote:
 
  4.Suppose the answer for 1-3 is no, s there any other reason why I need
 to
  open the code.
 
  Only if you feel like it.
 
 I'd make that, Only if you feel like it or would like the warm glow of
 giving back to the community (and of course all those extra eyes to
 audit and improve your code ;) )  That said their is no obligation at all.

 Vince

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Re: source code licensing questions

2009-07-27 Thread Mehmet Erol Sanliturk
On Mon, Jul 27, 2009 at 8:42 AM, son goku ryu.pla...@gmail.com wrote:

 Thanks guys for the prompt answers!!!
 It seems weird that code that uses dtrace must be opened. I mean every
 serious production level application must have some dtrace-like mechanism
 inside to collect online information when needed. It is a shame that
 because
 of licensing issues, I will have to roll-my-own and re-invent the wheel all
 over again, probably with cruder and implementation that is more flawed
 compared to dtrace.

 I wonder what all the proprietary modules for Solaris  (VxVM jumps to
 mind...)  or BSD do? Or there are no such modules anymore...





http://www.sun.com/cddl/

-
http://www.sun.com/cddl/cddl.html


   -

   *1.3. “Covered Software”* means (a) the Original Software, or (b)
   Modifications, or (c) the combination of files containing Original Software
   with files containing Modifications, in each case including portions
   thereof.



   -

   *1.6. “Larger Work”* means a work which combines Covered Software or
   portions thereof with code not governed by the terms of this License.
   -


   -

   *3.6. Larger Works.*

   You may create a Larger Work by combining Covered Software with other
   code not governed by the terms of this License and distribute the Larger
   Work as a single product. In such a case, You must make sure the
   requirements of this License are fulfilled for the Covered Software.

--

http://www.opensource.org/licenses/cddl1.php
http://opensolaris.org/os/licensing/cddllicense.txt
http://opensolaris.org/os/licensing/opensolaris_license/
http://www.opensolaris.com/licensing/opensolaris_license/
http://www.netbeans.org/cddl.html
http://www.openmediacommons.org/CDDL_License.html

http://www.gnu.org/philosophy/license-list.html
Common Development and Distribution License (CDDL), version
1.0http://www.opensolaris.org/os/licensing/cddllicense.txt

This is a free software license. It has a copyleft with a scope that's
similar to the one in the Mozilla Public License, which makes it
incompatible with the GNU GPL http://www.gnu.org/licenses/gpl.html. This
means a module covered by the GPL and a module covered by the CDDL cannot
legally be linked together. We urge you not to use the CDDL for this reason.

Also unfortunate in the CDDL is its use of the term “intellectual
propertyhttp://www.gnu.org/philosophy/not-ipr.html
”.


http://en.wikipedia.org/wiki/Common_Development_and_Distribution_License
http://soundadvice.id.au/blog/2005/02/04/#cddl


===
http://www.opensolaris.org/os/about/faq/licensing_faq/

*If I use code licensed under the CDDL in my proprietary product, will I
have to share my source code?*

Yes, for any source files that are licensed under the CDDL and any
modifications you make. However, you don't need to share the source for your
proprietary source files.
===

http://lwn.net/Articles/114839/



I am NOT a lawyer , therefore my opinions does NOT have any legal value .

In short , CDDL does NOT require to disclose your OWN proprietary sources ,
BUT ONLY requires to explicitly supply CDDL licensed parts with any changes
applied to them with respect to CDDL license .

If you are a commercial entity my suggestion would be to seek legal advise
from a lawyer with expertise on software licenses and copyrights .


Thank you very much .


Mehmet Erol Sanliturk
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Re: source code licensing questions

2009-07-27 Thread PythonAB


On 27 jul 2009, at 14:42, son goku wrote:


Thanks guys for the prompt answers!!!
It seems weird that code that uses dtrace must be opened. I mean every
serious production level application must have some dtrace-like  
mechanism
inside to collect online information when needed. It is a shame that  
because
of licensing issues, I will have to roll-my-own and re-invent the  
wheel all
over again, probably with cruder and implementation that is more  
flawed

compared to dtrace.


Why don't you write it and release it under a BSD license?

gr
Arno
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Re: Licensing

2009-05-11 Thread Chad Perrin
On Sat, May 09, 2009 at 09:47:52AM -0400, Steve Bertrand wrote:
 
 One thing that did not cross my mind prior was regarding the comments
 Chad made, use in media other than within the programming scope itself.

I think that's an important consideration that most programmers overlook.

One of the greatest benefits of open source software is the availability
of the code for viewing by people who want to *learn*.  To use licenses
that make it difficult to include code in a single instructional work
distributed under the terms of a single license seems extremely
short-sighted to me.

Even if you don't think your code will ever be used in such a way, code
that *incorporates* yours may some day be suitable for such a purpose,
and it would be nice if the license you choose lends itself to such use
in the future.


 
 FYI, almost all of my apps are for systems/network management and
 automation. I've written an application that bridges our wireless
 hotspots to our payment bank site (the bank supplied me a Perl module),
 through to radius, and with an expiry method to automatically remove the
 users so that the entire process is hands off.

The bank's Perl module may well impose constraints on how you can license
your code, in addition to any restrictions that may exist as a result of
employment agreements and contracts, at least if the module ends up being
part of, or a source of necessary functionality for, your code.


 
 Most of my code would have to be changed to make it generic and not so
 site specific before being put out there. Being that I'm not really a
 programmer, having my code out there for peer review would make it much,
 much better if it was useful. (I'd probably be on the receiving end of
 finger pointing and laughing, but that's ok ;)

That's a great attitude.  I wish you the best of luck in coming to an
equitable and satisfying decision about licensing, and in future coding
efforts.

-- 
Chad Perrin [ original content licensed OWL: http://owl.apotheon.org ]
Mike Maples, as quoted by James Gleick:  My job is to get a fair share
of the software applications market, and to me that's 100 percent.


pgpGaCcEmMWPz.pgp
Description: PGP signature


Re: Licensing

2009-05-09 Thread Steve Bertrand
Chad Perrin wrote:

[..huge snip..]

 I hope you get some value from my rambling.

I have gained very much value from what everyone has had to say, and I
want to thank everyone.

Although I have very much reading to do, I've come to a few conclusions
thus far.

One thing that did not cross my mind prior was regarding the comments
Chad made, use in media other than within the programming scope itself.

FYI, almost all of my apps are for systems/network management and
automation. I've written an application that bridges our wireless
hotspots to our payment bank site (the bank supplied me a Perl module),
through to radius, and with an expiry method to automatically remove the
users so that the entire process is hands off.

Most of my code would have to be changed to make it generic and not so
site specific before being put out there. Being that I'm not really a
programmer, having my code out there for peer review would make it much,
much better if it was useful. (I'd probably be on the receiving end of
finger pointing and laughing, but that's ok ;)

Thanks all!

Steve



smime.p7s
Description: S/MIME Cryptographic Signature


Re: Licensing

2009-05-08 Thread Mehmet Erol Sanliturk
On Fri, May 8, 2009 at 1:09 AM, Steve Bertrand st...@ibctech.ca wrote:

 I've got a question that is likely not suited for this list, but I know
 that there are people here who can guide me off-list.

 Being a network engineer, I'm far from a developer. With that said, I've
 written numerous network automation programs (mostly in Perl), and have
 developed several small patches for software written in C related to ISP
 operations (including the OS itself).

 I'm looking for advice on how I can take all of my code, and license it
 into the public domain. I'm sure that most people won't have any
 interest in it, but I really want to ensure that what I have done is
 freely accessible.

 All of my code is pretty well separated into different files that
 contain different functions, so isolating portions of my programs that
 use modules or functions that are external is not a problem.

 GPL seems too verbose legally for me. Can the BSD license fit into any
 code, no matter what language it is in, and if so, can I have my code
 overlooked by someone who can verify that the BSD license will fit?

 Steve



Dear Steve ,

You may inspect the following pages and links in them :

http://en.wikipedia.org/wiki/Category:Free_software
http://en.wikipedia.org/wiki/Category:Free_software_licenses
http://en.wikipedia.org/wiki/Category:Software_by_license
http://en.wikipedia.org/wiki/Category:Software_licenses
http://en.wikipedia.org/wiki/Category:Software_distribution
http://en.wikipedia.org/wiki/Category:Public_domain

I am not a lawyer and I can not comment on your possible decisions .
My suggestion would be to study related laws in your country before
making software available to public because some companies may not allow
employees
to disclose any software whether they write themselves without getting any
support form their employers  .

There is no any relationship between programming language used and the
license kind selected .
License is the terms of use of the disclosed sources by the others .

Another concept is Copyrights .  You can only license a source  which its
copyright is exactly belongs to you  .  In some countries  specifying  a
copyright  on a  work actually  copyrighted  by  another   entity  may
induce  a  legal penalty .

For me , the best license is BSD-style licenses because recipients of
software
may use them in open and closed source applications . Since licenses like
GPL and LGPL Version 3 requires disclosure of linked main programs , they
can not be used in closed source applications .
Therefore , any commercial entity can not use them and would NOT support
them .

Thank you very much .

Mehmet Erol Sanliturk
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Re: Licensing

2009-05-08 Thread Mike Jeays
On May 8, 2009 01:09:51 am Steve Bertrand wrote:
 I've got a question that is likely not suited for this list, but I know
 that there are people here who can guide me off-list.

 Being a network engineer, I'm far from a developer. With that said, I've
 written numerous network automation programs (mostly in Perl), and have
 developed several small patches for software written in C related to ISP
 operations (including the OS itself).

 I'm looking for advice on how I can take all of my code, and license it
 into the public domain. I'm sure that most people won't have any
 interest in it, but I really want to ensure that what I have done is
 freely accessible.

 All of my code is pretty well separated into different files that
 contain different functions, so isolating portions of my programs that
 use modules or functions that are external is not a problem.

 GPL seems too verbose legally for me. Can the BSD license fit into any
 code, no matter what language it is in, and if so, can I have my code
 overlooked by someone who can verify that the BSD license will fit?

 Steve


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I would keep away from the term 'public domain', which means you would lose 
any rights to it whatsoever.

I don't think the language makes any difference. Basically, the BSD license is 
OK if you don't mind others taking the code, modifying it and distributing 
binaries without making the modified source available. If you don't like the 
last part, consider the GPL.


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Re: Licensing

2009-05-08 Thread Mehmet Erol Sanliturk
On Fri, May 8, 2009 at 8:38 AM, Mike Jeays mike.je...@rogers.com wrote:

 On May 8, 2009 01:09:51 am Steve Bertrand wrote:
  I've got a question that is likely not suited for this list, but I know
  that there are people here who can guide me off-list.
 
  Being a network engineer, I'm far from a developer. With that said, I've
  written numerous network automation programs (mostly in Perl), and have
  developed several small patches for software written in C related to ISP
  operations (including the OS itself).
 
  I'm looking for advice on how I can take all of my code, and license it
  into the public domain. I'm sure that most people won't have any
  interest in it, but I really want to ensure that what I have done is
  freely accessible.
 
  All of my code is pretty well separated into different files that
  contain different functions, so isolating portions of my programs that
  use modules or functions that are external is not a problem.
 
  GPL seems too verbose legally for me. Can the BSD license fit into any
  code, no matter what language it is in, and if so, can I have my code
  overlooked by someone who can verify that the BSD license will fit?
 
  Steve
 
 
 I would keep away from the term 'public domain', which means you would lose
 any rights to it whatsoever.



Public Domain does NOT  invalidate Copyright : The owner of the work is the
copyright holder .
Public Domain is a license kind which means that there is no any condition
on the usage .  For example , BSD-style licenses generally are mentioned as
2-clause ( conditions ) , 3-clause ( conditions ) , etc. . Public Domain
license means Zero-clause license .



 I don't think the language makes any difference. Basically, the BSD license
 is
 OK if you don't mind others taking the code, modifying it and distributing
 binaries without making the modified source available. If you don't like
 the
 last part, consider the GPL.



Language and used libraries sometimes may cause problems for the users of
the sources when they want to distribute executables .
For example , if a BSD-style licensed source uses GPL parts as called
procedures , NOT the users of the both sources have any restriction , but
when executable is distributed to others , BSD-style licensed sources also
should be distributed due to GPL conditions although BSD-styled licensed
part itself does not require distribution .

My opinion is that most restrictive license is GPL although it is claimed
that it gives freedom to users to get the source and modify it when they
need . One point is forgotten or ignored : A BSD-style licensed source is
also available from its originators whether it is distributed by its users
or not .

Thank you very much .

Mehmet Erol Sanliturk
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Re: Licensing

2009-05-08 Thread Jon Radel

Mehmet Erol Sanliturk wrote:

On Fri, May 8, 2009 at 8:38 AM, Mike Jeays mike.je...@rogers.com wrote:




I would keep away from the term 'public domain', which means you would lose
any rights to it whatsoever.




Public Domain does NOT  invalidate Copyright : The owner of the work is the
copyright holder .
Public Domain is a license kind which means that there is no any condition
on the usage .  For example , BSD-style licenses generally are mentioned as
2-clause ( conditions ) , 3-clause ( conditions ) , etc. . Public Domain
license means Zero-clause license .



Giving advice like this on an international list is practically an 
exercise in futility, as there's pretty much a 100% chance that what 
you're saying is completely wrong in at least one country (and, yes, 
that goes for everything I say below too :-).  However, in some places, 
public domain does indeed mean that there is no copyright on it.  It 
is my understanding that in some countries it is difficult, if not 
impossible, to disclaim copyright, so you can't put your own works into 
the public domain.


Public Domain license is conflating copyrights and licenses, which 
while they interact, are not at all the same thing.  In fairness I will 
grant that this is a common usage, despite the fact that some of us 
deplore its imprecision.


My suggestion to the OP:

1)  Make sure your employer (if any) doesn't have rules on this that you 
wish to follow,


2)  Pick a license that appeals to you,

3a)  If the software isn't important enough or valuable enough that you 
see hiring a lawyer if somebody violates your license, you're done, as 
so long as the license expresses what you'd prefer people to do, it 
really doesn't matter much whether or not you theoretically could 
enforce it,


3b)  If this is valuable software, see a lawyer *before* you publish the 
software, preferably one who understands intellectual property *and* the 
various licenses that are available for free software.  Do NOT depend 
on free advice from amateurs such as myself.


Frankly, unless you see this software as providing revenue, or being 
part of some grand product you're releasing in phases, your license is 
making a philosophical declaration that a fair percentage of honorable 
users will more or less honor.  The costs of bringing legal action to 
actually enforce a license are probably completely out of line with the 
value of the network utilities that you want to share.


--

--Jon Radel
j...@radel.com


smime.p7s
Description: S/MIME Cryptographic Signature


Re: Licensing

2009-05-08 Thread Jerry McAllister
On Fri, May 08, 2009 at 01:09:51AM -0400, Steve Bertrand wrote:

 I've got a question that is likely not suited for this list, but I know
 that there are people here who can guide me off-list.
 
 Being a network engineer, I'm far from a developer. With that said, I've
 written numerous network automation programs (mostly in Perl), and have
 developed several small patches for software written in C related to ISP
 operations (including the OS itself).
 
 I'm looking for advice on how I can take all of my code, and license it
 into the public domain. I'm sure that most people won't have any
 interest in it, but I really want to ensure that what I have done is
 freely accessible.
 
 All of my code is pretty well separated into different files that
 contain different functions, so isolating portions of my programs that
 use modules or functions that are external is not a problem.
 
 GPL seems too verbose legally for me. Can the BSD license fit into any
 code, no matter what language it is in, and if so, can I have my code
 overlooked by someone who can verify that the BSD license will fit?

The first thing to determine is if any other entity might hold
some interest (ownership/copyright interest) in any of it.  If you
were employed by someone or some institution to do the work or the
work was done during time paid by those entities, then they may
have an interest.

If that is not the case, then the next thing to determine is if
any of it should be submitted to existing OSen or Utilities as
patches - bug fixes or improvements.  These two may not be a conflict
as many businesses will have no problem with you submitting back
fixes in software you are using in their behalf.   eg, for example,
if you are using FreeBSD to run a system for the business and write
a patch for FreeBSD while on company time that helps that business
operate better, they probably will have no problem with your 
submitting the patch for permanent inclusion in FreeBSD.

As much as possible, then, submit PRs and include the diffs that
cover the fixes or improvements.

Finally, if you have complete clear ownership of some unique
utilities, then include license terms in the source with a requirement
that the license term be included in any subsequent distributions
and then submit the utilitie as a port - if it is for FreeBSD.

For a reasonable idea of how to compose license terms, check out
the license terms for FreeBSD on the web site.

I really don't know where to submit it if it is not for FreeBSD,
although there are several sites that such as SourceForge that make
themselves repositories for various usefull utilities.  You'd have
to check with them for how to go about submitting things and what
is expected in the way of support, etc.

Please include well documented source and clear statements as to
what the utilities do and how to use them.  Writing man pages
and why-to as well as how-tos is important.

You don't have to worry a whole lot
Good luck,

jerry

 
 Steve
 
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Re: Licensing

2009-05-08 Thread Chad Perrin
On Fri, May 08, 2009 at 01:09:51AM -0400, Steve Bertrand wrote:
 
 I'm looking for advice on how I can take all of my code, and license it
 into the public domain. I'm sure that most people won't have any
 interest in it, but I really want to ensure that what I have done is
 freely accessible.

The term public domain has a very specific legal meaning and,
unfortunately, that meaning can actually vary from jurisdiction to
jurisdiction.  For instance, while France does have a public domain, you
cannot release a work into the public domain -- you must use a specific
license if you want to grant open access to that work.  In most
jurisdictions, public domain refers to a state where one has disclaimed
copyright for something or otherwise given up all copyright claims on it.

Note that copyright and credit are not the same thing, however.
Attribution is ethically a matter of fraud, and most jurisdictions will
legally treat it as a matter of fraud as well if something is
misrepresented as being written by someone other than its actual author,
though some jurisdictions add additional attribution protection through
copyright.

It is for reason of the fact that copyright law is much more widely
supported across different jurisdictions (i.e., in different countries or
legal systems) than any standardized understanding of public domain that
most people with any understanding of the complexities will recommend
using a license rather than the public domain, even if what you want is
effectively the public domain.  If that's your actual goal, select a
license whose terms most closely approximate the public domain as you
understand it, and let that be your legally binding statement of intent
(for any jurisdiction that recognizes your copyright and your licensing
privilege under copyright law).

I'm happy to see someone wanting to make his code available to the world,
by the way.  Kudos to you.  If there are no competing copyright claims on
any of the work (such as an employment agreement that might interfere
with your sole copyright claims), I absolutely encourage you to see
through your intent to open the code up.

Note, however, that I am not a lawyer in *any* jurisdiction, and the
above should not be considered legal advice per se.  Courts of law are
notoriously fickle things that, for some reason, tend to be really bad at
interpreting things the way the majority of humans believe they should be
interpreted.  Let the buyer beware, as they say.


 
 All of my code is pretty well separated into different files that
 contain different functions, so isolating portions of my programs that
 use modules or functions that are external is not a problem.
 
 GPL seems too verbose legally for me. Can the BSD license fit into any
 code, no matter what language it is in, and if so, can I have my code
 overlooked by someone who can verify that the BSD license will fit?

Have you considered choosing a license that doesn't lock what you give to
the world into the realm of code?  While the terms of the BSD license
for code in particular are great in my opinion, the fact that they
specify software source code is not so great, because sticky ambiguities
can arise when someone wants to include that code in a non-software
context (such as writing an article or a book that makes use of the code,
including it in music lyrics, showing it in a video production of some
sort, and so on).

My favorite license for all purposes at present is the Open Works
License, and I actually use it to license all my emails to this mailing
list:

  http://owl.apotheon.org

While I'm at it, my favorite general licensing policy is copyfree.  Where
strong copyright protection is the default for many countries, notably
the US and much of Europe, and copyleft is the Free Software Foundation's
answer to copyright as a way of turning the purpose of copyright on its
head, copyfree is kind of a rejection of both copyright and copyleft.
Check out the canonical explanation:

  http://copyfree.org/policy/

Both the BSD license and the Open Works License are copyfree licenses, as
are a number of other popular and widely used licenses.

I hope you get some value from my rambling.

-- 
Chad Perrin [ original content licensed OWL: http://owl.apotheon.org ]
Quoth Thomas McCauley: The measure of a man's real character is what he
would do if he knew he would never be found out.


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Description: PGP signature


Licensing

2009-05-07 Thread Steve Bertrand
I've got a question that is likely not suited for this list, but I know
that there are people here who can guide me off-list.

Being a network engineer, I'm far from a developer. With that said, I've
written numerous network automation programs (mostly in Perl), and have
developed several small patches for software written in C related to ISP
operations (including the OS itself).

I'm looking for advice on how I can take all of my code, and license it
into the public domain. I'm sure that most people won't have any
interest in it, but I really want to ensure that what I have done is
freely accessible.

All of my code is pretty well separated into different files that
contain different functions, so isolating portions of my programs that
use modules or functions that are external is not a problem.

GPL seems too verbose legally for me. Can the BSD license fit into any
code, no matter what language it is in, and if so, can I have my code
overlooked by someone who can verify that the BSD license will fit?

Steve


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Re: Licensing question about GPL/LGPL binaries

2007-02-25 Thread Gabor Kovesdan

Ted Mittelstaedt schrieb:
- Original Message - 
From: Jeffrey Goldberg [EMAIL PROTECTED]

To: Kövesdán Gábor [EMAIL PROTECTED]
Cc: freebsd-questions@freebsd.org
Sent: Friday, February 23, 2007 9:02 AM
Subject: Re: Licensing question about GPL/LGPL binaries


  

[freebsd-emulation cut from cc]


On Feb 23, 2007, at 5:53 AM, Kövesdán Gábor wrote:



The question is that can we extract and provide these binaries in a
simple tar.gz file or is that considered a GPL/LGPL violation? The
sources are freely available on slackware.com, but we are not sure
doing so is legally correct. What do you think about this?
  

Gábor,

What you plan to do is perfectly fine under the GPL as long as

(1) What you distribute is under the GPL license
(2) You let people know where they can freely get the source
(3) You don't take credit for work that isn't yours.




Jeffrey,

  Kovesdan is not modifying the binaries or the sources, thus there is no
need for him to GPL license his distribution - the files in his distribution
already carry their own GPL license.  He just needs to include all of the
files, which by GPL requirement, are going to include a copies of the GPL
licenses that are applied to those files, as well as instructions as to
where
to get the sources.  He does not need to further apply some kind
of 'overall' GPL license to his distribution.

  It's a similar issue as someone running an FTP server with GPL software
on it, they are merely serving as a venue for the distribution.

  It's a fine point to be sure, but an important one espically as the FSF is
aiming to have multiple, incompatible, versions of the GPL floating around.

Ted

  


Thanks for the answers to both of you. We just modify the packaging of 
the file: gzipped tarball instead of floppy images, so it will be fine 
to redistribute them with the pointer to the sources then.


Regards,
Gabor
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Re: Licensing question about GPL/LGPL binaries

2007-02-25 Thread Jeffrey Goldberg

On Feb 25, 2007, at 8:26 AM, Gabor Kovesdan wrote:


Thanks for the answers to both of you.


Szivesen

We just modify the packaging of the file: gzipped tarball instead  
of floppy images, so it will be fine to redistribute them with the  
pointer to the sources then.


Yes.

As a shameless plug, there is an article about the GPL that appeared  
in Alaplap in 1994 titled Van aki szabadon szereti (Some like it  
free) by me and translated from English to Hungarian by Horlai  
Janos.  Unfortunately, I can't find the exact reference.


Cheers,

-j


--
Jeffrey Goldberghttp://www.goldmark.org/jeff/

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Re: Licensing question about GPL/LGPL binaries

2007-02-24 Thread Ted Mittelstaedt

- Original Message - 
From: Jeffrey Goldberg [EMAIL PROTECTED]
To: Kövesdán Gábor [EMAIL PROTECTED]
Cc: freebsd-questions@freebsd.org
Sent: Friday, February 23, 2007 9:02 AM
Subject: Re: Licensing question about GPL/LGPL binaries


 [freebsd-emulation cut from cc]


 On Feb 23, 2007, at 5:53 AM, Kövesdán Gábor wrote:

  The question is that can we extract and provide these binaries in a
  simple tar.gz file or is that considered a GPL/LGPL violation? The
  sources are freely available on slackware.com, but we are not sure
  doing so is legally correct. What do you think about this?

 Gábor,

 What you plan to do is perfectly fine under the GPL as long as

 (1) What you distribute is under the GPL license
 (2) You let people know where they can freely get the source
 (3) You don't take credit for work that isn't yours.


Jeffrey,

  Kovesdan is not modifying the binaries or the sources, thus there is no
need for him to GPL license his distribution - the files in his distribution
already carry their own GPL license.  He just needs to include all of the
files, which by GPL requirement, are going to include a copies of the GPL
licenses that are applied to those files, as well as instructions as to
where
to get the sources.  He does not need to further apply some kind
of 'overall' GPL license to his distribution.

  It's a similar issue as someone running an FTP server with GPL software
on it, they are merely serving as a venue for the distribution.

  It's a fine point to be sure, but an important one espically as the FSF is
aiming to have multiple, incompatible, versions of the GPL floating around.

Ted

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Licensing question about GPL/LGPL binaries

2007-02-23 Thread Kövesdán Gábor

Hi Folks,

we have a shiny new linux_base based on the Slackware distribution in 
ports/104680. The only problem is with this, that Slackware people 
distribute some binaries in ext2fs floppy images. We would like to avoid 
using such, because that would need some kernel module trick in the port 
and that is very difficult to handle. The question is that can we 
extract and provide these binaries in a simple tar.gz file or is that 
considered a GPL/LGPL violation? The sources are freely available on 
slackware.com, but we are not sure doing so is legally correct. What do 
you think about this?


Thanks in advance,
Gabor
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Re: Licensing question about GPL/LGPL binaries

2007-02-23 Thread Jeffrey Goldberg

[freebsd-emulation cut from cc]


On Feb 23, 2007, at 5:53 AM, Kövesdán Gábor wrote:

The question is that can we extract and provide these binaries in a  
simple tar.gz file or is that considered a GPL/LGPL violation? The  
sources are freely available on slackware.com, but we are not sure  
doing so is legally correct. What do you think about this?


Gábor,

What you plan to do is perfectly fine under the GPL as long as

(1) What you distribute is under the GPL license
(2) You let people know where they can freely get the source
(3) You don't take credit for work that isn't yours.

Szervusz,

-j


--
Jeffrey Goldberghttp://www.goldmark.org/jeff/

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Re: ipw(4) and iwi(4): Intel's Pro Wireless firmware licensing problems

2006-10-07 Thread Constantine A. Murenin

On 06/10/06, Chuck Swiger [EMAIL PROTECTED] wrote:

On Oct 5, 2006, at 7:31 PM, Constantine A. Murenin wrote:
 On 05/10/06, Chuck Swiger [EMAIL PROTECTED] wrote:
 On Oct 4, 2006, at 7:46 PM, Constantine A. Murenin wrote:
  Why are none of the manual pages of FreeBSD say anything about why
  Intel Wireless devices do not work by default?
 
  http://www.freebsd.org/cgi/man.cgi?query=ipw
  http://www.freebsd.org/cgi/man.cgi?query=iwi

 The manpages you've linked to explicitly state:

 This driver requires firmware to be loaded before it will
 work.  You need to obtain ipwcontrol(8) from the IPW web page
 listed below to accomplish loading the firmware before ifconfig(8)
 will work.

 Is there some part of this which is unclear to you, Constantine?

 Yes, Chuck, some part is indeed unclear to me, precisely the part that
 explains why does one have to go into that much trouble to have a
 working system.

That was explained below.  You might not like the reasons, or agree
with them, but your claim that the FreeBSD manpages do not say
anything about the need for firmware is obviously mistaken.


How is the claim obviously mistaken if the man-page DO NOT say what's
the reason that the firmware must be downloaded from a web-site?


 There's no need to be curious about the matter; the Intel Pro
 Wireless adaptors, like many other brands of wireless adaptors, use a
 software-controlled radio which is capable of broadcasting at higher
 power levels and/or at frequencies outside of those allocated for
 802.11 connectivity for specific regulatory domains.  The US FCC,
 along with other regulatory agencies in Europe such as ETSI and
 elsewhere, require that end-users not have completely open access to
 these radios to prevent problems from deliberate misuse such as
 interference with other frequency bands.

 Yes, regulatory bodies, of cause, table specific requirements that
 must be satisfied by systems that utilise RF, i.e. the manufacturer
 must make reasonable attempt to prevent users from using non-permitted
 frequencies.

 Not permitting the firmware to be redistributed has nothing to do with
 the FCC, however.

That's right.  Intel permits you to redistribute their firmware under
the terms of their license.

 This isn't a matter of choice on Intel's part; if you want this
 situation to change, you're going to have to obtain changes in the
 radio-frequency laws and policies in the US and a number of other
 countries first.

 No, firmware redistribution is ENTIRELY up to Intel. I want the
 firmware to be available under a BSD or ISC licence, just as with
 Ralink. Intel's firmware is already available, but under a different
 licence. Where does the FCC say that Intel must distribute firmware
 under a non-OSS-friendly licence?

The BSD license and all other OSS-friendly licenses permit the user
to modify the software and redistribute that modified version as a
derivative work.  A modified version of the firmware has not received
FCC certification-- see Title 47 of the Code of Federal Regulations,
Chapter I, section 15 in general, and specificly:

http://www.access.gpo.gov/nara/cfr/waisidx_05/47cfr15_05.html

Sec. 15.21  Information to user.

 The users manual or instruction manual for an intentional or
unintentional radiator shall caution the user that changes or
modifications not expressly approved by the party responsible for
compliance could void the user's authority to operate the equipment.


Right, this means a notice on the device or supporting documentation.
It does not require a legal term in the firmware's licence.


Sec. 15.202  Certified operating frequency range.

 Client devices that operate in a master/client network may be
certified if they have the capability of operating outside permissible
part 15 frequency bands, provided they operate on only permissible part
15 frequencies under the control of the master device with which they
communicate. Master devices marketed within the United States must be
limited to operation on permissible part 15 frequencies. Client devices
that can also act as master devices must meet the requirements of a
master device.

Also see:

http://www.fcc.gov/cgb/consumerfacts/unauthorizedradio.html

Section 301 of the Communications Act of 1934 prohibits the use or
operation of any apparatus for the transmission of energy or
communications or signals by radio without a license issued by the
Federal Communications Commission (FCC). Thus, generally, in order to
use or operate a radio station, the Communications Act requires that
you first obtain a license by the FCC.
However, there are certain limited exceptions. For example, the FCC
has provided blanket authorization to operators of Citizens Band (CB)
radios, radio control stations, domestic ship and aircraft radios and
certain other types of devices. This blanket authorization means that
operators of these radio facilities are not required to have
individual station licenses. Operators are required to operate their

Re: ipw(4) and iwi(4): Intel's Pro Wireless firmware licensing problems

2006-10-06 Thread Chuck Swiger

On Oct 5, 2006, at 7:31 PM, Constantine A. Murenin wrote:

On 05/10/06, Chuck Swiger [EMAIL PROTECTED] wrote:

On Oct 4, 2006, at 7:46 PM, Constantine A. Murenin wrote:
 Why are none of the manual pages of FreeBSD say anything about why
 Intel Wireless devices do not work by default?

 http://www.freebsd.org/cgi/man.cgi?query=ipw
 http://www.freebsd.org/cgi/man.cgi?query=iwi

The manpages you've linked to explicitly state:

This driver requires firmware to be loaded before it will
work.  You need to obtain ipwcontrol(8) from the IPW web page
listed below to accomplish loading the firmware before ifconfig(8)  
will work.


Is there some part of this which is unclear to you, Constantine?


Yes, Chuck, some part is indeed unclear to me, precisely the part that
explains why does one have to go into that much trouble to have a
working system.


That was explained below.  You might not like the reasons, or agree  
with them, but your claim that the FreeBSD manpages do not say  
anything about the need for firmware is obviously mistaken.



There's no need to be curious about the matter; the Intel Pro
Wireless adaptors, like many other brands of wireless adaptors, use a
software-controlled radio which is capable of broadcasting at higher
power levels and/or at frequencies outside of those allocated for
802.11 connectivity for specific regulatory domains.  The US FCC,
along with other regulatory agencies in Europe such as ETSI and
elsewhere, require that end-users not have completely open access to
these radios to prevent problems from deliberate misuse such as
interference with other frequency bands.


Yes, regulatory bodies, of cause, table specific requirements that
must be satisfied by systems that utilise RF, i.e. the manufacturer
must make reasonable attempt to prevent users from using non-permitted
frequencies.

Not permitting the firmware to be redistributed has nothing to do with
the FCC, however.


That's right.  Intel permits you to redistribute their firmware under  
the terms of their license.



This isn't a matter of choice on Intel's part; if you want this
situation to change, you're going to have to obtain changes in the
radio-frequency laws and policies in the US and a number of other
countries first.


No, firmware redistribution is ENTIRELY up to Intel. I want the
firmware to be available under a BSD or ISC licence, just as with
Ralink. Intel's firmware is already available, but under a different
licence. Where does the FCC say that Intel must distribute firmware
under a non-OSS-friendly licence?


The BSD license and all other OSS-friendly licenses permit the user  
to modify the software and redistribute that modified version as a  
derivative work.  A modified version of the firmware has not received  
FCC certification-- see Title 47 of the Code of Federal Regulations,  
Chapter I, section 15 in general, and specificly:


http://www.access.gpo.gov/nara/cfr/waisidx_05/47cfr15_05.html

Sec. 15.21  Information to user.

The users manual or instruction manual for an intentional or
unintentional radiator shall caution the user that changes or
modifications not expressly approved by the party responsible for
compliance could void the user's authority to operate the equipment.

Sec. 15.202  Certified operating frequency range.

Client devices that operate in a master/client network may be
certified if they have the capability of operating outside permissible
part 15 frequency bands, provided they operate on only permissible part
15 frequencies under the control of the master device with which they
communicate. Master devices marketed within the United States must be
limited to operation on permissible part 15 frequencies. Client devices
that can also act as master devices must meet the requirements of a
master device.

Also see:

http://www.fcc.gov/cgb/consumerfacts/unauthorizedradio.html

Section 301 of the Communications Act of 1934 prohibits the “use or  
operation of any apparatus for the transmission of energy or  
communications or signals by radio” without a license issued by the  
Federal Communications Commission (FCC). Thus, generally, in order to  
use or operate a radio station, the Communications Act requires that  
you first obtain a license by the FCC.
However, there are certain limited exceptions. For example, the FCC  
has provided blanket authorization to operators of Citizens Band (CB)  
radios, radio control stations, domestic ship and aircraft radios and  
certain other types of devices. This blanket authorization means that  
operators of these radio facilities are not required to have  
individual station licenses. Operators are required to operate their  
stations in a manner consistent with the FCC’s operational and  
technical rules for those services. Failure to do so could be  
considered an unauthorized operation.



Again, is there some part of this that is unclear or which you fail
to understand?


Yes, precicely, I don't understand why you think FCC 

Re: ipw(4) and iwi(4): Intel's Pro Wireless firmware licensing problems

2006-10-05 Thread Chuck Swiger

On Oct 4, 2006, at 7:46 PM, Constantine A. Murenin wrote:

My acquaintance with Unix started with FreeBSD, which I used for quite
a while before discovering OpenBSD. I now mostly use OpenBSD, and I
was wondering of how many FreeBSD users are aware about the licensing
restrictions of Intel Pro Wireless family of wireless adapters?


I would imagine that all FreeBSD users who are using the Intel Pro  
Wireless adaptors are familiar with the license, given that they have  
to agree to the license in order to get the adaptor working.  Even  
someone like me who doesn't have one is aware of the license.



Why are none of the manual pages of FreeBSD say anything about why
Intel Wireless devices do not work by default?

http://www.freebsd.org/cgi/man.cgi?query=ipw
http://www.freebsd.org/cgi/man.cgi?query=iwi


The manpages you've linked to explicitly state:

 This driver requires firmware to be loaded before it will  
work.  You need
 to obtain ipwcontrol(8) from the IPW web page listed below to  
accomplish

 loading the firmware before ifconfig(8) will work.

Is there some part of this which is unclear to you, Constantine?


If you are curious as to why things are the way they are, I suggest
that you check the problems that are described in the misc@openbsd.org
mailing list, and contact Intel people and say what you think about
their user-unfriendly policy in regards to Intel Pro Wireless
firmwares, which are REQUIRED to be loaded from the OS before the
device functions, i.e. the OS developers must be allowed to freely
distribute the firmware in order for the devices to work
out-of-the-box.


There's no need to be curious about the matter; the Intel Pro  
Wireless adaptors, like many other brands of wireless adaptors, use a  
software-controlled radio which is capable of broadcasting at higher  
power levels and/or at frequencies outside of those allocated for  
802.11 connectivity for specific regulatory domains.  The US FCC,  
along with other regulatory agencies in Europe such as ETSI and  
elsewhere, require that end-users not have completely open access to  
these radios to prevent problems from deliberate misuse such as  
interference with other frequency bands.


This isn't a matter of choice on Intel's part; if you want this  
situation to change, you're going to have to obtain changes in the  
radio-frequency laws and policies in the US and a number of other  
countries first.


Again, is there some part of this that is unclear or which you fail  
to understand?



For some recent information about Intel being an Open Source Fraud,
see http://marc.theaimsgroup.com/?l=openbsd- 
miscm=115960734026283w=2.


The firmware license for these devices has never been submitted to  
the OSI board for approval as an Open Source license, and I have  
never seen Intel claim that this license is an Open Source license.


It might suit OpenBSD's advocacy purposes to deliberately  
misrepresent Intel's position, but doing so is unfair and is not  
especially helpful to the FreeBSD community, which does have somewhat  
decent relations with vendors like Intel, Lucent, Aironet, Broadcomm,  
and so forth.


As to the point raised above, the firmware license actually does  
permit an individual user, including an OS developer, to copy and  
redistribute the software to others, so long as the recepient agrees  
to the license terms:


LICENSE. You may copy and use the Software, subject to these  
conditions:
1. This Software is licensed for use only in conjunction with Intel  
component
   products. Use of the Software in conjunction with non-Intel  
component

   products is not licensed hereunder.
2. You may not copy, modify, rent, sell, distribute or transfer any  
part of the
   Software except as provided in this Agreement, and you agree to  
prevent

   unauthorized copying of the Software.
3. You may not reverse engineer, decompile, or disassemble the Software.
4. You may not sublicense the Software.
5. The Software may contain the software or other property of third  
party

   suppliers.

[ ... ]
You may transfer the Software only if a copy of this license  
accompanies the

Software and the recipient agrees to be fully bound by these terms.

If a project such as OpenBSD wishes to redistribute the software,  
then it would probably be considered an Independent Software Vendor,  
and again the firmware license grants permission to redistribute the  
Intel Pro Wireless software, under the following terms:


For OEMs, IHVs, and ISVs:

LICENSE. This Software is licensed for use only in conjunction with  
Intel
component products. Use of the Software in conjunction with non-Intel  
component
products is not licensed hereunder. Subject to the terms of this  
Agreement,
Intel grants to you a nonexclusive, nontransferable, worldwide, fully  
paid-up
license under Intel's copyrights to: (i) copy the Software internally  
for your
own development and maintenance purposes; (ii) copy and distribute

Re: ipw(4) and iwi(4): Intel's Pro Wireless firmware licensing problems

2006-10-05 Thread Constantine A. Murenin

On 05/10/06, Chuck Swiger [EMAIL PROTECTED] wrote:

On Oct 4, 2006, at 7:46 PM, Constantine A. Murenin wrote:
 Why are none of the manual pages of FreeBSD say anything about why
 Intel Wireless devices do not work by default?

 http://www.freebsd.org/cgi/man.cgi?query=ipw
 http://www.freebsd.org/cgi/man.cgi?query=iwi

The manpages you've linked to explicitly state:

  This driver requires firmware to be loaded before it will
work.  You need
  to obtain ipwcontrol(8) from the IPW web page listed below to
accomplish
  loading the firmware before ifconfig(8) will work.

Is there some part of this which is unclear to you, Constantine?


Yes, Chuck, some part is indeed unclear to me, precisely the part that
explains why does one have to go into that much trouble to have a
working system.


 If you are curious as to why things are the way they are, I suggest
 that you check the problems that are described in the misc@openbsd.org
 mailing list, and contact Intel people and say what you think about
 their user-unfriendly policy in regards to Intel Pro Wireless
 firmwares, which are REQUIRED to be loaded from the OS before the
 device functions, i.e. the OS developers must be allowed to freely
 distribute the firmware in order for the devices to work
 out-of-the-box.

There's no need to be curious about the matter; the Intel Pro
Wireless adaptors, like many other brands of wireless adaptors, use a
software-controlled radio which is capable of broadcasting at higher
power levels and/or at frequencies outside of those allocated for
802.11 connectivity for specific regulatory domains.  The US FCC,
along with other regulatory agencies in Europe such as ETSI and
elsewhere, require that end-users not have completely open access to
these radios to prevent problems from deliberate misuse such as
interference with other frequency bands.


Yes, regulatory bodies, of cause, table specific requirements that
must be satisfied by systems that utilise RF, i.e. the manufacturer
must make reasonable attempt to prevent users from using non-permitted
frequencies.

Not permitting the firmware to be redistributed has nothing to do with
the FCC, however.


This isn't a matter of choice on Intel's part; if you want this
situation to change, you're going to have to obtain changes in the
radio-frequency laws and policies in the US and a number of other
countries first.


No, firmware redistribution is ENTIRELY up to Intel. I want the
firmware to be available under a BSD or ISC licence, just as with
Ralink. Intel's firmware is already available, but under a different
licence. Where does the FCC say that Intel must distribute firmware
under a non-OSS-friendly licence?


Again, is there some part of this that is unclear or which you fail
to understand?


Yes, precicely, I don't understand why you think FCC requires Intel to
not release the firmware under a BSD-like licence.


 For some recent information about Intel being an Open Source Fraud,
 see http://marc.theaimsgroup.com/?l=openbsd-
 miscm=115960734026283w=2.

The firmware license for these devices has never been submitted to
the OSI board for approval as an Open Source license, and I have
never seen Intel claim that this license is an Open Source license.

It might suit OpenBSD's advocacy purposes to deliberately
misrepresent Intel's position, but doing so is unfair and is not
especially helpful to the FreeBSD community, which does have somewhat
decent relations with vendors like Intel, Lucent, Aironet, Broadcomm,
and so forth.

As to the point raised above, the firmware license actually does
permit an individual user, including an OS developer, to copy and
redistribute the software to others, so long as the recepient agrees
to the license terms:

LICENSE. You may copy and use the Software, subject to these
conditions:
1. This Software is licensed for use only in conjunction with Intel
component
products. Use of the Software in conjunction with non-Intel
component
products is not licensed hereunder.


So if I don't have an Intel Wireless in the system, is it still legal
to have the firmware in my system files?


2. You may not copy, modify, rent, sell, distribute or transfer any
part of the
Software except as provided in this Agreement, and you agree to
prevent
unauthorized copying of the Software.
3. You may not reverse engineer, decompile, or disassemble the Software.


What's exactly the purpose of this term, if reverse engineering is
permitted under many jurisdictions? Is it just to scare potentional
reverse-engineers?


4. You may not sublicense the Software.
5. The Software may contain the software or other property of third
party
suppliers.

[ ... ]
You may transfer the Software only if a copy of this license
accompanies the
Software and the recipient agrees to be fully bound by these terms.

If a project such as OpenBSD wishes to redistribute the software,
then it would probably be considered an Independent Software Vendor,
and again the 

ipw(4) and iwi(4): Intel's Pro Wireless firmware licensing problems

2006-10-04 Thread Constantine A. Murenin

Hi,

My acquaintance with Unix started with FreeBSD, which I used for quite
a while before discovering OpenBSD. I now mostly use OpenBSD, and I
was wondering of how many FreeBSD users are aware about the licensing
restrictions of Intel Pro Wireless family of wireless adapters?

Why are none of the manual pages of FreeBSD say anything about why
Intel Wireless devices do not work by default?

http://www.freebsd.org/cgi/man.cgi?query=ipw
http://www.freebsd.org/cgi/man.cgi?query=iwi

If you are curious as to why things are the way they are, I suggest
that you check the problems that are described in the misc@openbsd.org
mailing list, and contact Intel people and say what you think about
their user-unfriendly policy in regards to Intel Pro Wireless
firmwares, which are REQUIRED to be loaded from the OS before the
device functions, i.e. the OS developers must be allowed to freely
distribute the firmware in order for the devices to work
out-of-the-box.

For some recent information about Intel being an Open Source Fraud,
see http://marc.theaimsgroup.com/?l=openbsd-miscm=115960734026283w=2.

Cheers,
Constantine.
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Implementing software licensing in FreeBSD

2005-10-12 Thread Jonathon McKitrick

Setting aside opinions on copy protection and licensing, suppose I wanted to
implement such a scheme.

The key itself might be a network license, or an encrypted file containing
license info and system-specific info.  But the real issue is how to protect
the code that accesses the key.  I know that 'wrappers' don't have much of an
application in Unix, and are actually impractical.  But what techniques could
be implemented within a library or archive that would make it difficult for
someone to trace the algorithm and/or make changes to the code to remove the
protection checks?

jm
-- 
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Re: Implementing software licensing in FreeBSD

2005-10-12 Thread Andrew P.
On 10/12/05, Jonathon McKitrick [EMAIL PROTECTED] wrote:

 Setting aside opinions on copy protection and licensing, suppose I wanted to
 implement such a scheme.

 The key itself might be a network license, or an encrypted file containing
 license info and system-specific info.  But the real issue is how to protect
 the code that accesses the key.  I know that 'wrappers' don't have much of an
 application in Unix, and are actually impractical.  But what techniques could
 be implemented within a library or archive that would make it difficult for
 someone to trace the algorithm and/or make changes to the code to remove the
 protection checks?

 jm
 --
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No matter what the platform is, one of the most
effective tricks is to check different checksums
(CRC, MD5, SHA256...) of different parts of
different binaries at different (random) points by
inline functions. Failure to verify a binary
integrity should lead to immediate program
termination.

I don't see a single reason for this question
being asked here.
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Re: Implementing software licensing in FreeBSD

2005-10-12 Thread Kirk Strauser
On Wednesday 12 October 2005 05:42 am, Jonathon McKitrick wrote:

 But what techniques could be implemented within a library or archive that
 would make it difficult for someone to trace the algorithm and/or make
 changes to the code to remove the protection checks?  

There is none.  The closest possibility is obfuscating the code that verifies 
the license keys and calling that code pervasively throughout your program.  
Of course, this will make your program much more complex, fragile, and 
resource-intensive, and some guy who's been cracking protected software for 
20 years will snip out your patch and release a faster, more robust version 
of your program.

Forget the licensing issues.  Copy protection will never do as it's intended.  
Please, seriously, dig back into its history of failure and see why nothing 
good can come of this.
-- 
Kirk Strauser


pgpNtwI4CmxK0.pgp
Description: PGP signature


Re: [FYI] QT4 licensing looks very bad for *BSD

2005-07-01 Thread Chuck Swiger

Josh Ockert wrote:

I'm not so sure you guys have this right.

No BSD-licensed code is allowed to use a GPL library and remain
BSD-licensed.   According to the GPL, Section 2:

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.


The derivative work as a whole must be released under the terms of the GPL 
because of this.  The parts of the derivative work which originally were under 
that other license remain available under that other license alone, just as the 
parts which originally were under the GPL remain available under the GPL, alone.


Nothing in the GPL forces the other code by itself to be under the GPL.
How could that possibly be the case?  [1]

Many simple permissive licenses are GPL-miscable, including the BSDL and 
MIT/X11 licenses.  See:


http://www.fsf.org/licensing/licenses/index_html#GPLCompatibleLicenses

You can even link GPL'ed code with proprietary code, but the result cannot be 
redistributed per GPL #7.  Such a combination can still be used by you as an 
individual, because GPL #0 states: The act of running the Program is not 
restricted


--
-Chuck

[1]: You can choose to use any license you want for original code that you've 
written.  Software licenses apply to the code which is under that license, and 
to derivative works (assuming the license permits such to be created); 
conversely, a license does not apply to code which is not under that license.


Unless you are the author, or unless the author grants permission for you to 
relicense the original source code, you do not have the right to take 
BSD-licensed code and put it under the GPL just because you feel like doing so, 
or just because you've linked the original program against (eg) GNU readline.

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Re: [FYI] QT4 licensing looks very bad for *BSD

2005-07-01 Thread Danny Pansters
 of 3rd party code under GPL goes beyond the 
scope and applicability of the GPL as far as I can tell. That's what this is 
about. Do they really require that or was it just stated in a somewhat 
mangled way.

 As far as binding, if it links with the program, then it's covered
 under the GPL.

Yes. I'm not disputing that at all. The GPL allows me to write something based 
on a GPL piece of code and release *my* stuff as BSDL (and likely with a 
notice about licensing for the next guy). The GPL does not even permit any 
stipulation on which license a 3rd party may use. I'm sure that's a conscious 
decision. The GPL code is protected already as it is. 

 I think you're seriously confused on something. The GPL does require
 that derivative works (including programs linked to GPL libraries) be
 distributed under the GPL. It does NOT require that the GPL be the
 sole license applicable to that code.

ABIDING to the GPL not UNDER the GPL itself (the 3rd party program).

 In essence, you're releasing any BSDL code linked with Qt under the
 GPL and there's nothing you can do to stop this.

Except not releasing but I didn't dispute this. Well, they had the QPL before 
which was slightly different but for us practically the same.

 Thing is, I don't see why this is a big deal. The BSDL forces you to
 release it under the GPL as well. The BSDL-granted rights are a
 superset of the GPL-granted rights, and according to the BSDL license
 I can redistribute any BSDL code under any license I want, whether
 that be a restrictive EULA (like with Microsoft's ftp) or the GPL.

You are never allowed to relicense anything.

 I think I've gone and confused myself. But my point is that no BSDL
 code will be found to be infringing on the GPL by not being
 distributable, so why does this even matter?

It matters if I write code and I want to give away that code on MY terms, not 
the FSF's terms. That code only of course, we agree on that.

Cheers,

Dan


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RE: [FYI] QT4 licensing looks very bad for *BSD

2005-06-30 Thread Ted Mittelstaedt


-Original Message-
From: [EMAIL PROTECTED]
[mailto:[EMAIL PROTECTED] Behalf Of Chuck Swiger
Sent: Wednesday, June 29, 2005 7:47 AM
To: Danny Pansters
Cc: freebsd-questions@freebsd.org
Subject: Re: [FYI] QT4 licensing looks very bad for *BSD


Also note that the Open Source Definition does not allow 
restrictions on the 
field of endeavor:

The license must not restrict anyone 

Chuck,

  The copyright laws govern this sort of thing not the GPL, and
the courts have consistently held that a Copyright holder can
pretty much do what they want, and can put any kind of licensing
terms they want on something.  In short a Copyright holders
right to control how his work is used trumps anything else.

  What this means is that if you have a case where someone
takes the GPL license and rewrites it to cover their work,
what a court is going to rule is that while the FSF may have
infringement grounds for suing the person for modifying the GPL,
that still does not affect the copyright status of the work
under the modified GPL.  What the person would be required to
do is cease infringing the GPL which means they would have
to strike all references to the name GPL from their modified
license, and probably significantly change sentences in it
so that it's not a verbatim copy, but a 1st year legal student
could do that.  They would not be barred from creating TERMS
that are mostly similar to the GPL's terms, yet containing
additional un-GPL-like restrictions.

  This also means that if you happened to be using software
under this modified GPL license, you would have no grounds for
a defence of well your honor his license was supposed to
be less restrictive because he says it's GPL and the GPL is
less restrictive than what his license terms are, so I just
followed the GPL terms, not his modified terms

  Now, there IS one loophole in the Qt modified GPL license.
That is, you could use a program like emacs to write a C++
program that calls Qt classes.  You could then distribute this
program in source form, with a commercial or restrictive
license, despite the fact that Trolltech's wording is:

By using this version of Qt/QSA, you agree to

 and legally you would not be infringing.  Any user that
compiled your program with Qt would be infringing.  However, if
you used QtDesigner or any of that to write your C++ program,
your source would be subject to the Qt license restrictions.

Of course, if you removed references in your source to Qt
Designer, it would be impossible for TrollTech to prove
that you used it, rather than Emacs, to write your source,
but that's a side issue. ;-)

Ted
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Re: [FYI] QT4 licensing looks very bad for *BSD

2005-06-30 Thread Chuck Swiger

Ted Mittelstaedt wrote:
[ ... ]

  The copyright laws govern this sort of thing not the GPL, and
the courts have consistently held that a Copyright holder can
pretty much do what they want, and can put any kind of licensing
terms they want on something.  In short a Copyright holders
right to control how his work is used trumps anything else.


This generalization is correct, within certain important limits: a copyright 
right holder can put pretty much any license terms they want onto something.


This generalization is also wrong: lots of licenses contain terms which are not 
enforcable, and there exist considerations which trump copyright law.  For 
exmaple, if you write a program and distribute it under a license which says 
that anyone who uses your software must kill Ted's mother-in-law, one would 
discover that your mother-in-law's right to life trumps this license.


Plenty of licenses claim that the user may only make one archival or backup 
copy of the software.  Fair use (here in the US) and data retention 
requirements (here and elsewhere) permit people to take as many backups as they 
need to.  This sort of thing happens often enough that non-trivial software 
licenses expect that some of their terms may be found to be unenforcable, 
leading to clauses such as:


If any portion of this section is held invalid or unenforceable under
any particular circumstance, the balance of the section is intended to
apply and the section as a whole is intended to apply in other
circumstances. (GPL clause #7)

[ ... ]

  Now, there IS one loophole in the Qt modified GPL license.
That is, you could use a program like emacs to write a C++
program that calls Qt classes.  You could then distribute this
program in source form, with a commercial or restrictive
license, despite the fact that Trolltech's wording is:

By using this version of Qt/QSA, you agree to

 and legally you would not be infringing.


Of course you could.  In fact, you could even release a binary version of the 
program which dynamicly loaded the Qt library if present, and still not be 
infringing, so long as your code is seperate and independent of Qt.


This is precisely what the proprietary video drivers from ATI and nVidia for 
Linux do.  ATI and nVidia cannot redistribute a Linux kernel plus their 
drivers, since that combination would violate GPL #7, but so long as they do 
not redistribute GPL'ed code, they are not subject to the terms of the GPL.



Any user that compiled your program with Qt would be infringing.


If the user compiled the program *and* redistributed a binary containing both 
that software and Qt, it would be infringing.  But if the end-user simply uses 
the combination without redistributing it, then there is no infringement.


See GPL clause #0 just below (qv).


However, if you used QtDesigner or any of that to write your C++ program,
your source would be subject to the Qt license restrictions.


The output of a tool like an editor is generally not covered by the license 
which applies to the tool itself:


Activities other than copying, distribution and modification are not
covered by this License; they are outside its scope.  The act of
running the Program is not restricted, and the output from the Program
is covered only if its contents constitute a work based on the
Program (independent of having been made by running the Program).
Whether that is true depends on what the Program does. (GPL #0)

Microsoft doesn't own the Word or Excel documents you might create using 
Office, and TrollTech doesn't own the software you might create using QtDesigner.


--
-Chuck

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Re: [FYI] QT4 licensing looks very bad for *BSD

2005-06-30 Thread Danny Pansters
snipped

I'd like to say that my mail to trolltech was before yours and I haven't had 
an answer yet save for an automated reply. Perhaps I'm not important 
enough :)

I'm not sure if I want this to go on the list (and archive) but this is what I 
sent them, and yes, I was voicing concern but I don't think I got abusive or 
impolite at any point. If anything I'm directly pointing out where problems 
may/will arise (after re-reading I thought there's nothing wrong copying it 
to the list):

-

LIcensing of new QT4
From: Danny Pansters [EMAIL PROTECTED]
To: [EMAIL PROTECTED]
Date: 29/06/05 13:02

Hi there,

congratulations with the new QT. 

But there was something on your download page where the licensing is explained 
that made me very worried. I use and work on FreeBSD and there is no way I'm 
going to write code (for FreeBSD/KDE and in most cases useless for Linux) 
that is forced to become GPL because it uses QT. And I don't think you can 
enforce relicensing like that.

See, if I release code under BSDL that uses (but not changes) any GPL'd QT 
code I am abiding to the GPL. So is this situation still the same and is the 
wording on the webpage a bit mangled, or do you really mean that any and all 
code (including code under other open source licenses from people external to 
QT) must be released under GPL if it use QT?

Please give me a clear answer on this, because for *BSD people this means a 
lot and we'd need to have a long hard talk about QT if indeed everything is 
forced into GPL. I'm working on a TV app for FreeBSD using PyQt and now I'm 
wondering if I should just keep it to myself. That can't be the intention of 
the licensing.

Thanks,

Danny Pansters

--

They're still not clear about this as far as I can tell.

It's interesting that what you said about relicensing in a GPL context (that 
this may not be a requirement if to be GPL compliant/compatible) was also the 
first thing that came to my mind. It may even void their GPL based license if 
taken to the letter. I fact that would be likely.

I'll be satisfied if they make a statement about this or something alike, but 
I do agree with you that a requirement to relicensing while complying with 
gpl would not be possible if abiding to gpl themselves.

Again, thanks, you clearly know what this stuff (from a *bsd perspective) is 
about, unlike others even if they *gasp* wrote a book.

I dunno I feel somewhat silly about persuing this, but I also feel that if no 
one does we might end up with a dreadful deal etched in stone and that would 
be bye bye qt/kde development specifically for *BSD and released as such. 
That would very much hinder newcomers or veterans alike who want to enhance 
our desktop (can you say pc-bsd which adapted a GPL license based on exactly 
this presumable FUD!)

Anayway I apreciate your input and effords talking with the Trolls. Thanks.

Cheers,

Dan
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Re: [FYI] QT4 licensing looks very bad for *BSD

2005-06-30 Thread Josh Ockert
I'm not so sure you guys have this right.

No BSD-licensed code is allowed to use a GPL library and remain
BSD-licensed. According to the GPL, Section 2:

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.

This very specifically includes works which use libraries; use of
libraries with non-GPL software is to be done with the LGPL. That's
why the first L in LGPL used to stand for Library. Now it stands for
Lesser, because RMS wants to discourage its use; he has in fact
claimed that many projects have been made open source because they
wanted to use the readline library: The Readline library implements
input editing and history for interactive programs, and that's a
facility not generally available elsewhere. Releasing it under the GPL
and limiting its use to free programs gives our community a real
boost. At least one application program is free software today
specifically because that was necessary for using Readline (see
http://software.newsforge.com/software/04/07/15/163208.shtml).

The GPL clarifies this point: This General Public License does not
permit incorporating your program into proprietary programs. If your
program is a subroutine library, you may consider it more useful to
permit linking proprietary applications with the library. If this is
what you want to do, use the GNU Library General Public License
instead of this License. While this only explicitly refers to
proprietary licenses, other open source licenses are also excluded
because the 'viral' part of the GPL requires that they be distributed
under the terms of this License (meaning the GPL).

I believe where the confusion comes in is here: The QT Public License.
It allowed redistribution of any linked work under any Open Source
license. To wit:

6. You may develop application programs, reusable components and
other software items that link with the original or modified versions
of the Software. These items, when distributed, are subject to the
following requirements: (a) You must ensure that all recipients of
machine-executable forms of these items are also able to receive and
use the complete machine-readable source code to the items without any
charge beyond the costs of data transfer. (b) You must explicitly
license all recipients of your items to use and re-distribute original
and modified versions of the items in both machine-executable and
source code forms. The recipients must be able to do so without any
charges whatsoever, and they must be able to re-distribute to anyone
they choose. (c) If the items are not available to the general public,
and the initial developer of the Software requests a copy of the
items, then you must supply one.

You can read a whole flamewar on the Debian lists from when the QPL
was first coming out:
http://lists.debian.org/debian-legal/1999/03/msg00064.html

If QT4 is licensed exclusively under GPL I do not believe that BSDL
software can continue to be written with it without exploiting some
kind of legal loophole. I'd need to read the GPL in more detail before
giving my opinion. Please note that I'm not a licensed lawyer, just a
law geek applying to law school and finishing up his senior year in
undergrad; take my opinion with a grain of salt. But please do look up
the references, and if you have doubts, read the BSDL, the QPL, the
GPL, and the LGPL, and any clarifying text thereon.
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Re: [FYI] QT4 licensing looks very bad for *BSD

2005-06-30 Thread Danny Pansters
Sorry for top posting...

The crucial words are: under the terms of this License. The confusion is due 
to contradictions in the License. Which are theirs. And it's very disputed as 
in might be void.

What GPL quotes can be used (remember it's a license not a law, BTW) for the 
case when I use python bindings instead of C++ and (real) binding?

And what about Use of the Program. A toolkit has a clear Use. And there 
we have the LGPL case all over again.

Personally I wouldn't mind if the QPL came back to life. For *BSD it was a 
workable solution.


On Friday 1 July 2005 04:44, Josh Ockert wrote:
 I'm not so sure you guys have this right.

 No BSD-licensed code is allowed to use a GPL library and remain
 BSD-licensed. According to the GPL, Section 2:

 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.

 This very specifically includes works which use libraries; use of
 libraries with non-GPL software is to be done with the LGPL. That's
 why the first L in LGPL used to stand for Library. Now it stands for
 Lesser, because RMS wants to discourage its use; he has in fact
 claimed that many projects have been made open source because they
 wanted to use the readline library: The Readline library implements
 input editing and history for interactive programs, and that's a
 facility not generally available elsewhere. Releasing it under the GPL
 and limiting its use to free programs gives our community a real
 boost. At least one application program is free software today
 specifically because that was necessary for using Readline (see
 http://software.newsforge.com/software/04/07/15/163208.shtml).

 The GPL clarifies this point: This General Public License does not
 permit incorporating your program into proprietary programs. If your
 program is a subroutine library, you may consider it more useful to
 permit linking proprietary applications with the library. If this is
 what you want to do, use the GNU Library General Public License
 instead of this License. While this only explicitly refers to
 proprietary licenses, other open source licenses are also excluded
 because the 'viral' part of the GPL requires that they be distributed
 under the terms of this License (meaning the GPL).

 I believe where the confusion comes in is here: The QT Public License.
 It allowed redistribution of any linked work under any Open Source
 license. To wit:

 6. You may develop application programs, reusable components and
 other software items that link with the original or modified versions
 of the Software. These items, when distributed, are subject to the
 following requirements: (a) You must ensure that all recipients of
 machine-executable forms of these items are also able to receive and
 use the complete machine-readable source code to the items without any
 charge beyond the costs of data transfer. (b) You must explicitly
 license all recipients of your items to use and re-distribute original
 and modified versions of the items in both machine-executable and
 source code forms. The recipients must be able to do so without any
 charges whatsoever, and they must be able to re-distribute to anyone
 they choose. (c) If the items are not available to the general public,
 and the initial developer of the Software requests a copy of the
 items, then you must supply one.

 You can read a whole flamewar on the Debian lists from when the QPL
 was first coming out:
 http://lists.debian.org/debian-legal/1999/03/msg00064.html

 If QT4 is licensed exclusively under GPL I do not believe that BSDL
 software can continue to be written with it without exploiting some
 kind of legal loophole. I'd need to read the GPL in more detail before
 giving my opinion. Please note that I'm not a licensed lawyer, just a
 law geek applying to law school and finishing up his senior year in
 undergrad; take my opinion with a grain of salt. But please do look up
 the references, and if you have doubts, read the BSDL, the QPL, the
 GPL, and the LGPL, and any clarifying text thereon.

No. It's not about being licensed GPL. That allows for parts being BSDL. It's 
about having to relicense BSDL - GPL and we believe that can not be 
enforcable (at least not when abiding to GPL)


Cheers,

Dan
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Re: [FYI] QT4 licensing looks very bad for *BSD

2005-06-30 Thread Josh Ockert
On 6/30/05, Danny Pansters [EMAIL PROTECTED] wrote:
 Sorry for top posting...
 
 The crucial words are: under the terms of this License. The confusion is due
 to contradictions in the License. Which are theirs. And it's very disputed as
 in might be void.
 
 What GPL quotes can be used (remember it's a license not a law, BTW) for the
 case when I use python bindings instead of C++ and (real) binding?
 
 And what about Use of the Program. A toolkit has a clear Use. And there
 we have the LGPL case all over again.
 
 Personally I wouldn't mind if the QPL came back to life. For *BSD it was a
 workable solution.
 
 
 On Friday 1 July 2005 04:44, Josh Ockert wrote:
  I'm not so sure you guys have this right.
 
  No BSD-licensed code is allowed to use a GPL library and remain
  BSD-licensed. According to the GPL, Section 2:
 
  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.
 
  This very specifically includes works which use libraries; use of
  libraries with non-GPL software is to be done with the LGPL. That's
  why the first L in LGPL used to stand for Library. Now it stands for
  Lesser, because RMS wants to discourage its use; he has in fact
  claimed that many projects have been made open source because they
  wanted to use the readline library: The Readline library implements
  input editing and history for interactive programs, and that's a
  facility not generally available elsewhere. Releasing it under the GPL
  and limiting its use to free programs gives our community a real
  boost. At least one application program is free software today
  specifically because that was necessary for using Readline (see
  http://software.newsforge.com/software/04/07/15/163208.shtml).
 
  The GPL clarifies this point: This General Public License does not
  permit incorporating your program into proprietary programs. If your
  program is a subroutine library, you may consider it more useful to
  permit linking proprietary applications with the library. If this is
  what you want to do, use the GNU Library General Public License
  instead of this License. While this only explicitly refers to
  proprietary licenses, other open source licenses are also excluded
  because the 'viral' part of the GPL requires that they be distributed
  under the terms of this License (meaning the GPL).
 
  I believe where the confusion comes in is here: The QT Public License.
  It allowed redistribution of any linked work under any Open Source
  license. To wit:
 
  6. You may develop application programs, reusable components and
  other software items that link with the original or modified versions
  of the Software. These items, when distributed, are subject to the
  following requirements: (a) You must ensure that all recipients of
  machine-executable forms of these items are also able to receive and
  use the complete machine-readable source code to the items without any
  charge beyond the costs of data transfer. (b) You must explicitly
  license all recipients of your items to use and re-distribute original
  and modified versions of the items in both machine-executable and
  source code forms. The recipients must be able to do so without any
  charges whatsoever, and they must be able to re-distribute to anyone
  they choose. (c) If the items are not available to the general public,
  and the initial developer of the Software requests a copy of the
  items, then you must supply one.
 
  You can read a whole flamewar on the Debian lists from when the QPL
  was first coming out:
  http://lists.debian.org/debian-legal/1999/03/msg00064.html
 
  If QT4 is licensed exclusively under GPL I do not believe that BSDL
  software can continue to be written with it without exploiting some
  kind of legal loophole. I'd need to read the GPL in more detail before
  giving my opinion. Please note that I'm not a licensed lawyer, just a
  law geek applying to law school and finishing up his senior year in
  undergrad; take my opinion with a grain of salt. But please do look up
  the references, and if you have doubts, read the BSDL, the QPL, the
  GPL, and the LGPL, and any clarifying text thereon.
 
 No. It's not about being licensed GPL. That allows for parts being BSDL. It's
 about having to relicense BSDL - GPL and we believe that can not be
 enforcable (at least not when abiding to GPL)
 
 
 Cheers,
 
 Dan
 

I don't really see the contradiction in the GPL. 

Regardless of whether it's a law or a license, it's binding. Nothing
else gives you the right to use the Qt libraries.

As far as binding, if it links with the program, then it's covered
under the GPL.

I think you're seriously confused on something. The GPL does require
that derivative works (including programs linked to GPL libraries) be
distributed under the GPL. It does NOT require that the GPL 

Re: [FYI] QT4 licensing looks very bad for *BSD

2005-06-30 Thread Josh Ockert
PS - Not that I'm claiming that BSD is a total giveaway, but as long
as the required notices are intact, there's nothing wrong with BSDL
code being imported to GPL code.
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[FYI] QT4 licensing looks very bad for *BSD

2005-06-29 Thread Danny Pansters
Folks,

I don't want to scare anyone but today QT4 was released and their web page

(http://www.trolltech.com/download/opensource.html)

specifically states several times that if using the free version one is 
required to release their own code under GPL. That's effectively a 
requirement to relicense which goes much further than the GPL itself. The 
former licensing amounted to abide to the GPL or QPL as is normal for a GPL 
project and in that case one could release code under BSDL and if anything 
let the next guy worry about it (if they want to distribute a derivative).

I think this should be discussed. I already sent the Trolls an email asking 
for clarification about this, or rather if it's as bad as it seems for us. 
Perhaps they just overlooked the *BSDs...


Dan

PS keep your flames to yourselves. This is serious.

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Re: [FYI] QT4 licensing looks very bad for *BSD

2005-06-29 Thread RW
On Wednesday 29 June 2005 12:30, Danny Pansters wrote:
 Folks,

 I don't want to scare anyone but today QT4 was released and their web page

 (http://www.trolltech.com/download/opensource.html)

 specifically states several times that if using the free version one is
 required to release their own code under GPL. That's effectively a
 requirement to relicense which goes much further than the GPL itself. The
 former licensing amounted to abide to the GPL or QPL as is normal for a
 GPL project and in that case one could release code under BSDL and if
 anything let the next guy worry about it (if they want to distribute a
 derivative).

I don't see what you are getting at. As I read it, they give an informal 
informational precis of what the GPL is, and then say: This is because the 
Open Source versions of our software are governed by the terms of the GNU GPL 
license.  
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Re: [FYI] QT4 licensing looks very bad for *BSD

2005-06-29 Thread Chuck Swiger

Danny Pansters wrote:

I don't want to scare anyone but today QT4 was released and their web page

(http://www.trolltech.com/download/opensource.html)

specifically states several times that if using the free version one is 
required to release their own code under GPL. That's effectively a 
requirement to relicense which goes much further than the GPL itself. The 
former licensing amounted to abide to the GPL or QPL as is normal for a GPL 
project and in that case one could release code under BSDL and if anything 
let the next guy worry about it (if they want to distribute a derivative).


TrollTech is playing the same type of game that MySQL is doing.  If you write 
your own program, and use it with QT which results in a derivative work, then 
you may not redistribute your program without complying with the terms of the 
GPL.  Nothing in the GPL requires someone else's code to be relicensed under 
the GPL, it just requires that code to be under a GPL-miscable license.  The 
new BSDL (ie, without the advertizing clause) is fine.


Also note that the Open Source Definition does not allow restrictions on the 
field of endeavor:


The license must not restrict anyone from making use of the program in a 
specific field of endeavor. For example, it may not restrict the program from 
being used in a business, or from being used for genetic research.


Rationale: The major intention of this clause is to prohibit license traps that 
prevent open source from being used commercially. We want commercial users to 
join our community, not feel excluded from it.


--
-Chuck

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Re: [FYI] QT4 licensing looks very bad for *BSD

2005-06-29 Thread Danny Pansters
Hey Chuck, thanks for answering.

On Wednesday 29 June 2005 16:47, Chuck Swiger wrote:
 Danny Pansters wrote:
  I don't want to scare anyone but today QT4 was released and their web
  page
 
  (http://www.trolltech.com/download/opensource.html)
 
  specifically states several times that if using the free version one is
  required to release their own code under GPL. That's effectively a
  requirement to relicense which goes much further than the GPL itself. The
  former licensing amounted to abide to the GPL or QPL as is normal for a
  GPL project and in that case one could release code under BSDL and if
  anything let the next guy worry about it (if they want to distribute a
  derivative).

 TrollTech is playing the same type of game that MySQL is doing.  If you
 write your own program, and use it with QT which results in a derivative
 work, then you may not redistribute your program without complying with the
 terms of the GPL.  Nothing in the GPL requires someone else's code to be
 relicensed under the GPL, it just requires that code to be under a
 GPL-miscable license.  The new BSDL (ie, without the advertizing clause)
 is fine.

But they specifically state it:

(I)

Add a notice to your program that it is GPL licensed when it runs

This is because the Open Source versions of our software are governed by the 
terms of the GNU GPL license. Using the Open Source Edition means you agree 
that the source of the software you write also will be published according to 
this license.

on their download page: http://www.trolltech.com/download/opensource.html

Their licensing page (I just noted) OTOH, has:

(II)

If you wish to use the Qt Open Source Edition, you must contribute all your 
source code to the open source community in accordance with the GPL when your 
application is distributed.

That's on http://www.trolltech.com/products/qt/opensource.html

The two are obviously different (the latter being the same as for qt3-gpl). 
Abiding to and applying a licence are not the same. And that's what get's 
mangled up (perhaps accidentally).

 Also note that the Open Source Definition does not allow restrictions on
 the field of endeavor:

 The license must not restrict anyone from making use of the program in a
 specific field of endeavor. For example, it may not restrict the program
 from being used in a business, or from being used for genetic research.

 Rationale: The major intention of this clause is to prohibit license traps
 that prevent open source from being used commercially. We want commercial
 users to join our community, not feel excluded from it.

Yeah but if the letter of (I) is to be followed we'd be barred from releasing 
any qt/kde desktop enhancing stuff for *BSD if we'd insist on releasing that 
code (our own) on our own license terms (to be expected) which complies with 
what GPL asks of us. Hence I'm saying that (I) would go a lot further than 
GPL requirements.

Cheers,

Dan
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Re: [FYI] QT4 licensing looks very bad for *BSD

2005-06-29 Thread Chuck Swiger

Danny Pansters wrote:

Hey Chuck, thanks for answering.


No problem.  (I'm not completely convinced this thread belongs on 
freebsd-questions, but I don't know where else to move it to.  :-)


Anyway, I contacted someone at TrollTech with pretty much what I said in my 
last email, and got a positive response that they would look into this.  My 
impression is that their download page reflects a somewhat clumsy explanation 
of what the GPL requires for derivative works, rather than an attempt by 
TrollTech to force other people to use the GPL.


--
-Chuck

From: [EMAIL PROTECTED]
Subject: Re: [Issue N77189] QT4 Open Source compliance...
In-reply-to: [EMAIL PROTECTED]
To: Chuck Swiger [EMAIL PROTECTED]
Cc: [EMAIL PROTECTED]
Message-id: [EMAIL PROTECTED]

[ ... ]

If one were to write your own program, and use it with QT in a fashion
which results in a derivative work, then one may not redistribute the
program without complying with the terms of the GPL.


Exactly. Deriving from Qt and QSA is all you do when you use it.


However, nothing in the GPL requires someone else's code to be
relicensed under the GPL, it simply requires that code to be under a
GPL-miscable license. For instance, the new BSDL (ie, without the
advertizing clause) is fine, as is the MIT/X11 license and others.


We don't require this either:


Make the complete source code of your program available to all end
users  Allow all users to re-use, modify and re-distribute the code
Give up your right to demand compensation for re-use and
re-distribution  Add a notice to your program that it is GPL licensed
when it runs


When you have end users, then you obviously redistributed it. Since the
GPL is viral, you have to license under the GPL or a compatible license
(which is what we mean when we says GPL licensed).

[ ... ]

-- and -

Subject: Re: [Issue N77189] QT4 Open Source compliance...
In-reply-to: [EMAIL PROTECTED]
To: Charles Swiger [EMAIL PROTECTED]
Cc: [EMAIL PROTECTED]
Message-id: [EMAIL PROTECTED]


The specific problem with OSD-compliance is this phrase:

Give up your right to demand compensation for re-use


Hello Chuck,

thanks for clarifying, now I know what you are commenting on.


People can and do sell GPL'ed software all of the time. People can and
do sell services or charge usage fees for systems which use GPL'ed
software.

What you cannot do with GPL'ed software is prevent someone you've sold
the software to from giving it away for free, if they so choose.  And
once you've redistributed the software (in either source or binary
form), you must also make the complete source code available for free.


I think you have a point, I'll pass this on to our legal department for
review.


When you have end users, then you obviously redistributed it. Since
the GPL is viral, you have to license under the GPL or a compatible
license (which is what we mean when we says GPL licensed).
 
The GPL is reciprocal or copyleft, yes. I would suggest there is a

significant difference between you must use a GPL-compatible license
if you redistribute a binary containing Qt and you must license your
code under the GPL.


I think the GPL is quite fuzzy when it comes to inhouse development.
But you are right, development itself does not constitute an act
relevant for the GPL. I was oversimpifying :)

Regards,
Volker

--
Volker Hilsheimer, Support Manager
Trolltech AS, Waldemar Thranes gate 98, NO-0175 Oslo, Norway

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Re: ACX100 Firmware Licensing

2004-10-31 Thread Jay Moore
On Wednesday 27 October 2004 11:16 am, Christian Weisgerber wrote:
 Compared to other types of hardware, the support for wireless cards
 is lacking on *BSD because many vendors don't provide documentation
 or the cards require the upload of a binary firmware image that,
 absurdly as it sounds, may not be redistributed.  Well, some people
 are working on improving this situation step by step and you can
 help by writing to the hardware vendors.

 Specifically, there already is a FreeBSD 5.x driver for the Texas
 Instruments ACX100 802.11b chipset (DLink DWL-520+, DWL-650+, and
 others), which is currently maintained externally:

 http://wlan.kewl.org/modules/mantis/main_page.php

 However, a firmware binary blob must be uploaded to the card, and
 since TI doesn't allow redistribution it can't be included with the
 driver, rendering it useless.

 mucho snippo 

A few comments/questions:

1) The only driver I've tried is: 
http://acx100.sourceforge.net/
It worked pretty well for me. As I recall there is a script to download the 
firmware - I don't recall from where it was d/l, but I don't remember having 
to check off any license agreement forms during the process. Pretty 
painless... I never realized it was an issue 'til I saw your post.

2) Wouldn't voting with your pocketbook be more persuasive than whining? I 
recently bought two WiFI cards that use the Prism chipset 
(seattlewireless.net) 'cause they've got better support in the systems I use. 
This purchase represents a loss for TI  the mfrs who buy their ACX100 chips, 
and a gain for Intersil and their customers. The free market is pretty 
effective at sorting these things out.

3) As far as 'activism' goes, I think you and the other merry men would be 
heard much more clearly if you each bought a single share of TI stock (it's 
real cheap right now :) and used your status as shareholders to submit 
motions or resolutions to TI's Board of Directors. Better yet, attend the 
annual shareholder's meeting, and let your voices be heard! 

Good Luck,
Jay
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Re: ACX100 Firmware Licensing

2004-10-31 Thread Michael Nottebrock
On Sunday, 31. October 2004 09:51, Jay Moore wrote:

 2) Wouldn't voting with your pocketbook be more persuasive than whining? I
 recently bought two WiFI cards that use the Prism chipset
 (seattlewireless.net) 'cause they've got better support in the systems I
 use. This purchase represents a loss for TI  the mfrs who buy their ACX100
 chips, and a gain for Intersil and their customers. The free market is
 pretty effective at sorting these things out.

It's obviously not, because (as a !Windows user) your pocketbook isn't even 
registered for voting.

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 (/^ ^\) | FreeBSD - The Power to Serve | http://www.freebsd.org
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Re: ACX100 Firmware Licensing

2004-10-31 Thread Jay Moore
On Sunday 31 October 2004 07:41 am, Michael Nottebrock wrote:

  2) Wouldn't voting with your pocketbook be more persuasive than whining?
  I recently bought two WiFI cards that use the Prism chipset
  (seattlewireless.net) 'cause they've got better support in the systems I
  use. This purchase represents a loss for TI  the mfrs who buy their
  ACX100 chips, and a gain for Intersil and their customers. The free
  market is pretty effective at sorting these things out.

 It's obviously not, because (as a !Windows user) your pocketbook isn't even
 registered for voting.

Oh yes it is... my vote may go for Ralph Nader, but it's still a vote! 

And I think you may under-estimate just how many people and organizations are 
using open source and/or free software. 

Respectfully,
Jay
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Re: ACX100 Firmware Licensing

2004-10-31 Thread Michael Nottebrock
On Sunday, 31. October 2004 18:21, Jay Moore wrote:

 And I think you may under-estimate just how many people and organizations
 are using open source and/or free software.

No, it doesn't work that way. You as a *BSD/Linux user were never meant to 
purchase a $40 wireless NIC with a TI chipset that says software 
requirements: Windows 98/ME/2000/XP on the box or a $1399 OEM notebook with 
a builtin TI chipset that comes with Windows XP Home Edition.

If you do, it's your problem, and if you don't, your purchase won't be missed 
by anyone.

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Re: ACX100 Firmware Licensing

2004-10-31 Thread Jay Moore
On Sunday 31 October 2004 11:36 am, Michael Nottebrock wrote:

  And I think you may under-estimate just how many people and organizations
  are using open source and/or free software.

 No, it doesn't work that way. You as a *BSD/Linux user were never meant to
 purchase a $40 wireless NIC with a TI chipset that says software
 requirements: Windows 98/ME/2000/XP on the box or a $1399 OEM notebook
 with a builtin TI chipset that comes with Windows XP Home Edition.

 If you do, it's your problem, and if you don't, your purchase won't be
 missed by anyone.

Well join the whiners then, Michael.

 
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ACX100 Firmware Licensing

2004-10-27 Thread Christian Weisgerber
Compared to other types of hardware, the support for wireless cards
is lacking on *BSD because many vendors don't provide documentation
or the cards require the upload of a binary firmware image that,
absurdly as it sounds, may not be redistributed.  Well, some people
are working on improving this situation step by step and you can
help by writing to the hardware vendors.

Specifically, there already is a FreeBSD 5.x driver for the Texas
Instruments ACX100 802.11b chipset (DLink DWL-520+, DWL-650+, and
others), which is currently maintained externally:

http://wlan.kewl.org/modules/mantis/main_page.php

However, a firmware binary blob must be uploaded to the card, and
since TI doesn't allow redistribution it can't be included with the
driver, rendering it useless.

THIS CONCERNS ALL OPEN SOURCE OPERATING SYSTEMS: FreeBSD, the other
BSDs, Linux, you name it.

OpenBSD's Ryan McBride has tried to contact TI about this but has
been ignored and now asks the user community for assistance.  Please
contact the people at Texas Instruments by email or phone and ask
them to enable us to provide a useful driver.  Time and again it
has been shown that vendors will be swayed if the user community
expresses its interest vocally enough.

Here is a list of contacts scrounged together from various sources:

Bill Carney [EMAIL PROTECTED] +1 707 521 3069
Mr Taketo Fukui [EMAIL PROTECTED] 81-3-4331-2060
Dr John T Coffey [EMAIL PROTECTED] +1 707 284 2224
Mr Srikanth Gummadi [EMAIL PROTECTED] +1 707 284 2209
Dr Srinath Hosur [EMAIL PROTECTED] (214) 480-4432
Dr Jie Liang [EMAIL PROTECTED] (214) 480-4105
Mr Joe Mueller [EMAIL PROTECTED] 858 646 3358
Mr Lior Ophir [EMAIL PROTECTED] (972) 9 970-6542
Dr Stephen Pope [EMAIL PROTECTED] (510) 841-8315 
Mr Yoram Solomon [EMAIL PROTECTED] (408) 965-2196
Tim Riker [EMAIL PROTECTED]
DuVal, Mary [EMAIL PROTECTED]
Anand Dabak [EMAIL PROTECTED]
Anand G. Dabak [EMAIL PROTECTED]
Tim Schmidl [EMAIL PROTECTED]
Sean Coffey [EMAIL PROTECTED]
Srikanth Gummadi [EMAIL PROTECTED]
Srinath Hosur [EMAIL PROTECTED]
Muhammad Ikram [EMAIL PROTECTED]
Joseph Mueller [EMAIL PROTECTED]
Lior Ophir [EMAIL PROTECTED]
Stephen Pope [EMAIL PROTECTED]
Ian Sherlock [EMAIL PROTECTED]
Manoneet Singh [EMAIL PROTECTED]
Richar Williams [EMAIL PROTECTED]
Hirohisa Yamaguchi [EMAIL PROTECTED]


- Forwarded message from Ryan McBride [EMAIL PROTECTED] -

From: Ryan McBride [EMAIL PROTECTED]
Subject: ACX100 Firmware Licensing

Greetings

Since I do not know which one of you to contact, I am contacting all
of you in the hopes that someone can redirect me to the responsible
party who can help me.

I am contacting on behalf of the open source operating system called
OpenBSD, but the message applies to all of the other open source
operating systems (Linux, the other BSD's, etc).

In open source operating systems the support for some 802.11 devices,
drivers such as TIs ACX100 chip, is lagging because the vendors are
taking rather restrictive approaches regarding their technology.
We have begun working on a driver for this chip, but it will be crippled
in our operating system due to the absence of a freely available
firmware image.

Our policy is as follows: We will include a firmware from a vendor if it
is freely redistributable.  It can be a binary blob of data.  It must be
copyrighted, of course, but that is in the interest of the vendor.

Our user community is very compatibility driven in their purchasing
decisions; they seek out the components that are stable and well
supported, and it is not the ACX100 varients that they will select.
Even if a free driver exists, they will avoid these cards since the
firmware is not included in the operating system, so you are selling
fewer cards than you could.  I don't know if the open source operating
systems are rising as much some of the press leads us to believe, but if
they are, you can no longer afford to turn your back on a fickle and
technically savvy community.

In the past, vendors have gotten by because there were no options, but
now that some have begun opening up with freely licensed firmware and
usable technical documentation, open source users have a choice, and
they will be chosing the best supported cards, ie those from vendors who
cooperate with the open source projects.

There is another threat to your business model of remaining closed.
Some vendors like RealTek and Ralink have come out with fully documented
chipsets.  Even Intel's Centrino-associated chipsets are now fully
documented, and Cisco's remain documented.  And of course we fully
support the old Lucent, Prism, and Symbol devices.

Texas Instruments can avoid getting sidelined in the open source market,
by working with us to release the firmware in a way we can use it.

Other companies that have met with the same firmware choices?

Qlogic ISP scsi/fiberchannel PCI cards
3com Ethernet cards that do IPSEC offloading
Adaptec
Intel 100mbit card firmware upgrades for bugs
NCR for their scsi products

licensing

2004-08-18 Thread Chris Knipe
Quick question

I'm not sure about the license that FreeBSD falls under.  Are we allowed to modify 
code (specifically /sbin/natd) and resell it commercially as part of a product??

Secondly, natd runs via divert in usermode.  Is there something similar in kernel 
mode?  Kernelmode will obviously operate allot faster than usermode... 

--
me
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[Fwd: Re: licensing]

2004-08-18 Thread Mike Jeays
I omitted sending this reply to Chris to the list by mistake. Please
correct me if I am wrong.
---BeginMessage---
On Wed, 2004-08-18 at 11:06, Chris Knipe wrote:
 Quick question
 
 I'm not sure about the license that FreeBSD falls under.  Are we allowed to modify 
 code (specifically /sbin/natd) and resell it commercially as part of a product??
 
 Secondly, natd runs via divert in usermode.  Is there something similar in kernel 
 mode?  Kernelmode will obviously operate allot faster than usermode... 
 
 --
 me
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My understanding of the BSD license is that you can sell applications
that include code licensed under it, modified or not, and you don't have
to distribute the modified source code.  This is what happened with the
Mac OS X operating system.

This is of course NOT true for GNU/GPL-licensed software - that is the
whole point of the difference. There, you can modify it and sell it, but
you must distribute or make available at a low price your modifications
in source code form. Much software that accompanies FreeBSD is licensed
under the GPL, but the FreeBSD OS is BSD licensed.  Check the license
carefully for the components you are interested in.

If I am wrong, there will be lots of corrections from the other list
members.
---End Message---
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[OT?] Sun/Java licensing

2004-08-01 Thread Bill Moran

I'm getting lost in Suns marketing-oriented webpages, and I can't seem
to find the information I need.

I'm going to start doing Java development, and I'm trying to make sure
that all my legal ducks are in a row.  Can someone point me to a
document that explains what's up with Java licensing.  I mean, if I
install jdk14 to develop java apps, can I resell those apps?  There was
a warning that said something about not redistributing binaries, but
it's too vague to tell me whether that means bytecode genereated by
the java compiler, or binaries that would result from me tweaking the
jdk itself.

I'm looking for a little clarification!

TIA.

-- 
Bill Moran
Potential Technologies
http://www.potentialtech.com
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Re: [OT?] Sun/Java licensing

2004-08-01 Thread orv
Bill Moran wrote:
I'm getting lost in Suns marketing-oriented webpages, and I can't seem
to find the information I need.
I'm going to start doing Java development, and I'm trying to make sure
that all my legal ducks are in a row.  Can someone point me to a
document that explains what's up with Java licensing.  I mean, if I
install jdk14 to develop java apps, can I resell those apps?  There was
a warning that said something about not redistributing binaries, but
it's too vague to tell me whether that means bytecode genereated by
the java compiler, or binaries that would result from me tweaking the
jdk itself.
I'm looking for a little clarification!
TIA.
not sure of a specific url that answers your questions.
However having been a java developer for a while you can redistribute 
your app anyway you'd like, however you cannot redistribute SUN's 
JRE/JDK without their premission.

Only apps i've seen that redistribute JRE/JDK are IDE's ...
hth
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Re: [OT?] Sun/Java licensing

2004-08-01 Thread Chuck Swiger
Bill Moran wrote:
I'm going to start doing Java development, and I'm trying to make sure
that all my legal ducks are in a row.  Can someone point me to a
document that explains what's up with Java licensing.
There are two licenses you care about, the one with the Java 1.4 SDK, which says:
B.  Redistribution.  This Agreement does not grant you the right to 
redistribute Software.  Please refer to the following URL for information 
regarding the redistribution of Software if you are interested in redistribution:

http://sun.com/software/products/appsrvr/appsrvr_oem.html
...in other words, Sun would like to sell you a license to run the software in 
production.  However, you don't have to do that if you don't want to, as the 
other license for the Java Runtime Environment, at:

http://java.sun.com/j2se/1.4.2/j2re-1_4_2_05-license.txt
...is freely available, and is what your end-users will need to accept in 
order to run your programs.

I mean, if I install jdk14 to develop java apps, can I resell those apps?
Sure, you own the software you write-- obviously providing you don't include 
any of Sun's code with your software, indemnify Sun against all evil, etc etc.

There was a warning that said something about not redistributing binaries,
but it's too vague to tell me whether that means bytecode genereated by the
java compiler, or binaries that would result from me tweaking the jdk
itself.
That's correct.  You're not supposed to tweak the JRE itself, nor write 
software which changes things like how the java.* and com.sun.* packages work.

[ No, Virginia, Java is not OSI open source. :-)]
--
-Chuck
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VMWare licensing file problem.

2004-02-06 Thread Geir Svalland
Hi everybody.
I have a problem with the vmware licensing file
after installing the vmware2 port.
I've received an e-mail with the evaluation key, copied it into 
/home/user/.vmware, named it license2.0 but it don't seem to work.
The message I get is that there is no valid license for this version of 
VMware workstation.
After checking at vmware's website and reading troubleshooting 
instructions, it seems like there should have been an atachment with a 
licencefile to the mail I received, but there was none. 
Just a 30 days evolution license-key.
Anybody have any clues ?

TIA
Regards
Geir Svalland

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VMWare licensing file problem.

2004-02-06 Thread Sean Welch
Version 2 of VmWare is no longer sold so the evaluation license you got is
most likely for version 4 (which does not run on FreeBSD yet).  The confusion
results from the fact that with version 2 you got a license file but starting with
version 3 (which DOES run under FreeBSD) you are only supplied with a key
which is to be entered into a form in the VmWare gui once it has been started
(there is a register menu or some such).

I'm affraid you are out of luck with vmware2 unless you can manage to locate
a license file somewhere.

It is still possible to find boxed copies of version 3 online (check ebay and such)
and that version will run on either 4-STABLE or 5.1 and higher.  I'm currently
running it under a patched 4.9-RELEASE and also under 5.2-RELEASE.

Sean

--

 Hi everybody.
 I have a problem with the vmware licensing file
 after installing the vmware2 port.
 I've received an e-mail with the evaluation key, copied it into 
 /home/user/.vmware, named it license2.0 but it don't seem to work.
 The message I get is that there is no valid license for this version of 
 VMware workstation.
 After checking at vmware's website and reading troubleshooting 
 instructions, it seems like there should have been an atachment with a 
 licencefile to the mail I received, but there was none. 
 Just a 30 days evolution license-key.
 Anybody have any clues ?
 
 TIA
 Regards
 Geir Svalland


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Re: VMWare licensing file problem.

2004-02-06 Thread Geir Svalland
Hi Sean.
Thx a lot for your answer.
Helped me a lot.
/ Geir.

On Friday 06 February 2004 16.07, Sean Welch wrote:
 Version 2 of VmWare is no longer sold so the evaluation license you
 got is most likely for version 4 (which does not run on FreeBSD yet).
  The confusion results from the fact that with version 2 you got a
 license file but starting with version 3 (which DOES run under
 FreeBSD) you are only supplied with a key which is to be entered
 into a form in the VmWare gui once it has been started (there is a
 register menu or some such).

 I'm affraid you are out of luck with vmware2 unless you can manage to
 locate a license file somewhere.

 It is still possible to find boxed copies of version 3 online (check
 ebay and such) and that version will run on either 4-STABLE or 5.1
 and higher.  I'm currently running it under a patched 4.9-RELEASE and
 also under 5.2-RELEASE.

 Sean

 -
-

  Hi everybody.
  I have a problem with the vmware licensing file
  after installing the vmware2 port.
  I've received an e-mail with the evaluation key, copied it into
  /home/user/.vmware, named it license2.0 but it don't seem to work.
  The message I get is that there is no valid license for this
  version of VMware workstation.
  After checking at vmware's website and reading troubleshooting
  instructions, it seems like there should have been an atachment
  with a licencefile to the mail I received, but there was none.
  Just a 30 days evolution license-key.
  Anybody have any clues ?
 
  TIA
  Regards
  Geir Svalland

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Re: Licensing issues

2003-12-19 Thread Dirk-Willem van Gulik
 official
policies, either expressed or implied, of the Regents of the University
of California.


NOTE: The copyright of UC Berkeley's Berkeley Software Distribution (BSD)
source has been updated.  The copyright addendum may be found at
ftp://ftp.cs.berkeley.edu/pub/4bsd/README.Impt.License.Change and is
included below.

July 22, 1999

To All Licensees, Distributors of Any Version of BSD:

As you know, certain of the Berkeley Software Distribution (BSD) source
code files require that further distributions of products containing all or
portions of the software, acknowledge within their advertising materials
that such products contain software developed by UC Berkeley and its
contributors.

Specifically, the provision reads:

 * 3. All advertising materials mentioning features or use of this software
  *must display the following acknowledgement:
  *This product includes software developed by the University of
  *California, Berkeley and its contributors.

Effective immediately, licensees and distributors are no longer required to
include the acknowledgement within advertising materials.  Accordingly, the
foregoing paragraph of those BSD Unix files containing it is hereby deleted
in its entirety.

William Hoskins
Director, Office of Technology Licensing
University of California, Berkeley

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