Re: GPL and other licences

2006-01-31 Thread Alan Mackenzie
David Kastrup <[EMAIL PROTECTED]> wrote on Tue, 31 Jan 2006 15:39:42 +0100:

> Too bad that in the courts judges rule, and not Wallaces and Terekhovs.

Don't you mean Wallaces and Grommits?  ;-)

-- 
Alan Mackenzie (Munich, Germany)
Email: [EMAIL PROTECTED]; to decode, wherever there is a repeated letter
(like "aa"), remove half of them (leaving, say, "a").

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NYC LOCAL: Wednesday 1 February 2006 NYCBUG: Johnny Lam on Xen and the Art of SysAdmin

2006-01-31 Thread secretary


 Date: Tue, 31 Jan 2006 23:33:11 -0500
 To: [EMAIL PROTECTED]
 From: "Announcements only list for NYCBUG (announcements are not cross-posted
to other lists)." <[EMAIL PROTECTED]>
 Subject: [Announce-NYCBUG] Wednesday NYC*BUG Meeting: Johnny Lam on Xen &
the Art of Sysadmin

 February 01, 2006

 Johnny Lam: Xen and the Art of SysAdmin

 6 pm, Soho Apple Store at 103 Prince Street

 This presentation will be about using Xen in the real world to simplify 
 the maintenance of BSD systems. There will be a short introduction to 
 Xen and how it works, an in-depth look at the details of one particular 
 Xen setup along with some performance results, and how using Xen 
 simplifies life as an admin.

 About the speaker:

 Johnny C. Lam is a senior pkgsrc developer whose main area of work is 
 improving the portability and the capabilities of pkgsrc. He has headed 
 the organizing of two pkgsrcCon meetings in Europe to promote a better 
 understanding of pkgsrc infrastructure development. He is still looking 
 to dupe someone else into taking maintainership of the Perl package.
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Distributed poC TINC:

Jay Sulzberger <[EMAIL PROTECTED]>
Corresponding Secretary LXNY
LXNY is New York's Free Computing Organization.
http://www.lxny.org
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Re: GPL 3 and patents question

2006-01-31 Thread John Hasler
claudio quotes:
> "When you distribute a covered work, you grant a patent license to the
> recipient, and to anyone that receives any version of the work..."

That refers to patents you own and which would otherwise be infringed by
users of the work.  If you don't own any patents it is irrelevant to you.
It would be ridiculous to require that you grant licenses to patents you do
not control or even know about.
-- 
John Hasler 
[EMAIL PROTECTED]
Dancing Horse Hill
Elmwood, WI USA
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Re: GPL 3 and patents question

2006-01-31 Thread John Hasler
Barry Margolin writes:
> Section 12 says "if a patent license would not permit royalty-free
> redistribution by all those who receive copies directly or indirectly
> through you, then the only way you could satisfy both it and this License
> would be to refrain entirely from distribution."

He neither needs nor has a license so this does not apply.
-- 
John Hasler 
[EMAIL PROTECTED]
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Elmwood, WI USA
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Re: Running modified GPL software on a server

2006-01-31 Thread John Hasler
Isaac writes:
> There was a lot of rhetoric about the FSF wanting to change this for GPLv3.
> I don't know if that happened...

There is no hint of it in the draft.
-- 
John Hasler 
[EMAIL PROTECTED]
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Elmwood, WI USA
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Re: GPL 3 and patents question

2006-01-31 Thread Barry Margolin
In article <[EMAIL PROTECTED]>,
 Claudio Nieder <[EMAIL PROTECTED]> wrote:

> Let's say I take GPLv3ed Program xyz and add to it some code. I don't
> conduct any investigation about wether my code infringes on any patents,
> as in Switzerland this is a non-issue. So I give modified xyz to a friend
> here in Switzerland, who gives it to person X who lives in the USA.

Section 12 says "if a patent license would not permit royalty-free 
redistribution by all those who receive copies directly or indirectly 
through you, then the only way you could satisfy both it and this 
License would be to refrain entirely from distribution."  However, 
Section 13 contains the following way to get around this in your case: 
"If the distribution and/or use of the Program is restricted in certain 
countries either by patents or by copyrighted interfaces, the original 
copyright holder who places the Program under this License may add an 
explicit geographical distribution limitation excluding those countries, 
so that distribution is permitted only in or among countries not thus 
excluded."

-- 
Barry Margolin, [EMAIL PROTECTED]
Arlington, MA
*** PLEASE post questions in newsgroups, not directly to me ***
*** PLEASE don't copy me on replies, I'll read them in the group ***
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Re: GPL and other licences

2006-01-31 Thread Barry Margolin
In article <[EMAIL PROTECTED]>,
 Alexander Terekhov <[EMAIL PROTECTED]> wrote:

> Fung wrote:
> > 
> > Dear folks,
> > 
> > I am currently doing some research on open source licences and while
> > reading the GPL licence the following question arose: Distributing a
> > derivative work combined from software licensed under [whatever]
> 
> Combining software doesn't create a derivative work under copyright 
> law. If anything, it creates a compilation, not a derivative work.
...
> 
> consider the case of two scientific papers which reference each other.
> The fact that paper B calls paper A (references it for support) does
> not make B a derivative work of A. This remains true whether B and A
> are published together in a symposium (analogous to static linkage) or
> separately (analogous to dynamic linkage). Computer programs are
> defined in 17 USC as literary works

But that's not really a good analogy.  Combining two programs is not 
just making references, you actually merge parts of one program into a 
copy of the other.  To use your analogy to scientific papers, it would 
be like copying sections of B into A rather than referring to them in a 
footnote.

I think a compilation usually means that the original works can be 
recognized as distinct components of the result.  A conference 
proceedings book is a compilation.  But when the originals are comingled 
as I describe above, the result is a derivative work, not a compilation.

-- 
Barry Margolin, [EMAIL PROTECTED]
Arlington, MA
*** PLEASE post questions in newsgroups, not directly to me ***
*** PLEASE don't copy me on replies, I'll read them in the group ***
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Re: GPL 3 and patents question

2006-01-31 Thread Claudio Nieder
Hi,

> This isn't something related to the GPLv3, it is related to how patent
> law works.  So it is your task to check that you are not violating any
> patents, and you cannot put the burden on someone else.  This is one
> of the major problem with software patents, it is impossible to check
> that you are violating single or several patents, they are written in
> a very vauge language.

Not really. Living in a country which does not have software patents,
patent law does not concern me a lot. It would only if I start selling
my software e.g. into the US. And I have to fear only a lawsuite from
the side of the patent holder.

I fear GPL3 makes the situation worse for me, and want to know if this
is true.

Let's say I take GPLv3ed Program xyz and add to it some code. I don't
conduct any investigation about wether my code infringes on any patents,
as in Switzerland this is a non-issue. So I give modified xyz to a friend
here in Switzerland, who gives it to person X who lives in the USA.

With GPL2 I wouldn't see any problems for myself. The point I'm unsure
about is this sentence in GPL3:

"When you distribute a covered work, you grant a patent license to the
recipient, and to anyone that receives any version of the work,"
   ===

Can Person X sue me for violating GPL3 because of that sentence and ask me
for damages, because e.g. X was sued in the US from the holder of a
sotware patent?

If yes, than there is quite some difference between GPL2 and GPL3 for
anyone living in countries without software patents. They can contribute
to GPL3 software only, if they check that nowhere on the planet the added
code violates a software patent, even though in their place, this is not
an issue.

Does GPL3 really move some burden from contributors in area having
software patents to contributors in ares not having software patents?

claudio
-- 
Claudio Nieder, Kanalweg 1, CH-8610 Uster, Tel +41 79 357 6743
yahoo messenger: claudionieder aim: claudionieder icq:42315212
mailto:[EMAIL PROTECTED]http://www.claudio.ch


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Re: Running modified GPL software on a server

2006-01-31 Thread Isaac
On Mon, 30 Jan 2006 20:27:38 -0600, John Hasler <[EMAIL PROTECTED]> wrote:
> Rex writes:
>> I've seen a lot of people say that if you modify GPL code and run it on a
>> server (e.g. I modify MySQL and then use it as a database for my shopping
>> website), you don't have to GPL your modifications.
> 
> It's bloody well obvious.  Read the license.
> 
>> Can anyone point me to an official statement on this by the FSF or
>> another authority?
> 
> Ask your lawyer.

There was a lot of rhetoric about the FSF wanting to change this for GPLv3.
I don't know if that happened, but somewhere in the FSF or RMS explanations
of why they needed a new version of the GPL ought to be some pretty official
discussion of this issue.

I heard somewhere the the MySQL people had their own opinion about this.

Isaac
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Re: GPL and other licences

2006-01-31 Thread Isaac
On Tue, 31 Jan 2006 17:52:32 +0100, Alfred M. Szmidt <[EMAIL PROTECTED]> wrote:
>To clarify it a bit: providing source code is not the question
>here. I just want to know if it is legal to use the differently
>licensed software in such manner, namely: personal/internal use
>eventhough the licences exclude eachother
> 
> This boils down to: Can you break the law at home?  Of course you
> can't.  So the same applies to the GPL.  Since you cannot mix two
> incompatible licenses legally, then you cannot do this in the privacy
> of your own internal use.  It would in the end still be a violation of
> copyright law.

No it does not quite boil down to that.  What it boils down to is whether
the GPL grants permission to so mix the software at home as long as
you do not distribute the combination.

Looking at the GPL, it seems to me that modifying GPL software and not 
distributing it merely requires providing some notices in the software.  
Unless the non GPLed software has some usage restriction that prevents you 
modifying or combining the other code with GPL software, I believe that the 
GPL allows you to combine or modify as you like on your own system for 
your own use.  In fact, you could use the combination internally within a
single business organization as doing so does not constitute distribution.

No significant GPL restriction kicks in until you try to distribute your
combination.

Isaac
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Re: GNU General Public License?

2006-01-31 Thread David Kastrup
Alexander Terekhov <[EMAIL PROTECTED]> writes:

> Fung wrote:
>
> [... the GPL ...]
>
> The GPL talks about legal regime in the GNU Republic in a nearby 
> alternative universe where First Sale is nonexistent, IP is not 
> property (it belongs to the state),

"Intellectual property" indeed is not property and belongs to the
state _under_ _current_ _laws_.  The originators have _limited_ rights
for exploiting them, limited in extent and time.  Copyright and
patents _expire_, not by an act of the state confiscating the said
"intellectual property", but by the state relinquishing his special
protection for time-limited exclusive exploitation, granted in
exchange for the act of publishing, passing the work into the public.

> and where distributing software under any "license" other than the
> GPL (which is akin to a lottery or any other permits from the state
> and is of course not a contract or a property right in the GNU
> Republic) or "GPL compatible" license (but that's for extra
> regulation fee) is a felony under GNU law.

You are babbling.  Of course you were babbling above as well, but I
chose to use that as an excuse for showing something people tend not
to realize.

-- 
David Kastrup, Kriemhildstr. 15, 44793 Bochum
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Re: GPL and other licences

2006-01-31 Thread Alexander Terekhov

David Kastrup wrote:
[...]
> I can't see the FSF bleeding just because the court tries to pound
> some coherence into Wallace's claims before dismissing them.

"The GPL allows free access to software programs, subject to some 
 limitations. This does not mean that the GPL necessarily aids 
 competition as contemplated by the Sherman Act, as FSF contends."

regards,
alexander.
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Re: GNU General Public License?

2006-01-31 Thread Alexander Terekhov
Hey misc.int-property, enjoy GNUtian view on IP (it "indeed is not 
property and belongs to the state _under_ _current_ _laws_").

GNUtian David Kastrup wrote:
> 
> Alexander Terekhov <[EMAIL PROTECTED]> writes:
> 
> > Fung wrote:
> >
> > [... the GPL ...]
> >
> > The GPL talks about legal regime in the GNU Republic in a nearby
> > alternative universe where First Sale is nonexistent, IP is not
> > property (it belongs to the state),
> 
> "Intellectual property" indeed is not property and belongs to the
> state _under_ _current_ _laws_.  The originators have _limited_ rights
> for exploiting them, limited in extent and time.  Copyright and
> patents _expire_, not by an act of the state confiscating the said
> "intellectual property", but by the state relinquishing his special
> protection for time-limited exclusive exploitation, granted in
> exchange for the act of publishing, passing the work into the public.

You do know that works in public domain are subject to appropriation 
by anyone, eh?

> 
> > and where distributing software under any "license" other than the
> > GPL (which is akin to a lottery or any other permits from the state
> > and is of course not a contract or a property right in the GNU
> > Republic) or "GPL compatible" license (but that's for extra
> > regulation fee) is a felony under GNU law.
> 
> You are babbling.  Of course you were babbling above as well, but I
> chose to use that as an excuse for showing something people tend not
> to realize.

Well, the GNU Law is about this:

http://www.gnu.org/philosophy/copyright-versus-community.html

"RMS: ... the source code might not be available or they might try to 
 use contracts to restrict the users instead. So making software free 
 is not as simple as ending copyright on software: it's amore complex 
 situation than that. In fact, if copyright were simply abolished from 
 software then we would no longer be able to use copyleft to protect 
 the free status of a program but meanwhile the software privateers 
 could use other methods--contracts or withhlding the source to make
 software proprietary. So what would mean is, if we release a free 
 program some greedy bastard could make a modified version and publish 
 just the binaries and make people sign non-disclosure agreements for 
 them. We would no longer have a way to stop them." 

regards,
alexander.
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Re: GPL and other licences

2006-01-31 Thread Alexander Terekhov

David Kastrup wrote:
> 
> Alexander Terekhov <[EMAIL PROTECTED]> writes:
> 
> > David Kastrup wrote:
> > [...]
> >> That must be why we have all those copyright violation lawsuits going
> >> on.
> >
> > "We" don't have any lawsuits. You (gnu.org folk), on the other hand,
> > have a nice lawsuit from Wallace. Kudos to him for calling the bluff
> > and achieving pretty good results already. For example,
> 
> http://sco.tuxrocks.com/Docs/Wallace_v_FSF/Wallace_v_FSF-30.pdf>

Yes. And? The last time the FSF's didn't get what they wanted 
(dismissal with prejudice) and they actually got spanked by judge for 
using "extraneous materials FSF relied upon in drafting the motion". 
Note that the judge also rejected a number of the arguments of the FSF,
including that the nature of the GPL providing free access to software 
programs, subject to some limitations, necessarily aids competition.

And here we go, brave FSF now "incorporates by reference and reasserts 
all of the arguments made in its briefing in support of its prior 
motion to dismiss".

We'll see much more FSF's blood this time, I think.

As for judge's comments about the GPL... one can tie oneself in knots 
trying to make sense of the GPL. It ignores provisions of the 
copyright statutes that allow the modification or redistribution of 
works without permission of the copyright owner. It talks about 
"derived" works which don't seem to be the same as "derivative works", 
etc. etc. It's quite easy for a judge to get a bit confused on a first 
glance. Wallace will gradually straighten him out.

regards,
alexander.
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Re: GNU General Public License?

2006-01-31 Thread Fung
You can make profit of the GPL licence, see for example redhat. But you
should be aware of one thing: using the commoncpp library will probably
mean you need to license your software under GPL, so the source code
must be provided.

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Re: Running modified GPL software on a server

2006-01-31 Thread Alexander Terekhov

John Hasler wrote:
[...]
> No.  You are only required to give copies of the source to those you give
> copies of the binaries to.  

17 USC 109 disagrees. The owner of a lawfully made copy is ENTITLED, 
WITHOUT THE AUTHORITY OF THE COPYRIGHT OWNER, to sell or otherwise 
dispose of the possession of that copy. 106(3) is severely limited 
by the "exception" to 106(3) in section 109. The reason why 106(3) 
is listed in 106 is to provide legal basis to punish not only 
somebody who pirates works and who may not even try or want to 
distribute pirated copies, but also somebody who distributes pirated 
copies to the public that were unlawfully made by another. Now, 
GNUtians, you tell me how does that apply to the GPL (not-a-contract
according to the FSF). Neither RMS nor Moglen can explain it. 

Perhaps you can. I doubt it.

regards,
alexander.
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Re: GPL and other licences

2006-01-31 Thread Alexander Terekhov

David Kastrup wrote:
[...]
> Wallace gets a last chance, but the court has not even found enough
> merit in Wallace's ramblings to even start proper proceedings.

"By making certain software programs available to users at no charge, 
 the GPL may be discouraging developers from creating new and better 
 programs because they will not receive compensation for their work, 
 thereby reducing the number of quality programs available to users. 
 This may be considered anticompetitive effect, and it certainly can 
 be inferred from what Mr. Wallace alleges in his Third Amended 
 Complaint. Therefore, this court finds that the Third Amended 
 Complaint states a claim for violation of Section 1 of the Sherman 
 Act, under the rule of reason doctrine."

> 
> > We'll see much more FSF's blood this time, I think.
> 
> Well, we certainly can't see any less.

See above.

regards,
alexander.
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Re: GPL and other licences

2006-01-31 Thread Alexander Terekhov

David Kastrup wrote:
[...]
> That must be why we have all those copyright violation lawsuits going
> on.

"We" don't have any lawsuits. You (gnu.org folk), on the other hand,
have a nice lawsuit from Wallace. Kudos to him for calling the bluff
and achieving pretty good results already. For example,

http://www.terekhov.de/Wallace_v_FSF_37.pdf

Breaking news. FSF says that the contract controls. 



Plaintiff's mischaracterization of the GPL in his Response has no
bearing on the resolution of the pending Motion to Dismiss because 
the Court can examine the GPL itself. "[T]o the extent that the 
terms of an attached contract conflict with the allegations of the 
complaint, the contract controls."



Reactions:

-
Re: FSF says that the contract controls
by: day5done01/27/06 04:38 pm
 
The lawyers for the FSF must'a been smokin' the good stuff from 
Merkey's stash.

Everyone who is neither blind nor an idiot knows for certain that 
the GPL is a *LICENSE NOT A CONTRACT* -- Richard Stallman has 
clarified that fact at least a hundred times.

Dollar to a dime Eben Moglen fires the lame asses over at the ICE 
MILLER law firm real soon. 
-

-
Re: FSF says that the contract controls
by: day5done

>> I'm sure there would be people willing to take you up on that bet
if they thought you'd actually pay. <<

If Moglen doesn't fire them he has some serious explaining to do to
thousands of people on why he misled programmers and companies on the
legal nature of the GPL -- he is, after all, a Professor of Law and
lead counsel for the FSF.

"This right to exclude implies an equally large power to license--that
is, to grant permission to do what would otherwise be forbidden.
Licenses are not contracts: the work's user is obliged to remain
within the bounds of the license not because she voluntarily promised,
but because she doesn't have any right to act at all except as the
license permits."

http://emoglen.law.columbia.edu/publications/lu-12.html

Since the GPL is now proclaimed a contract, its terms are subject to
interpretation under the common law of *fifty* different state
jurisdictions -- there is no "federal common law".

That fact is a real can of worms in its own right. Most states have
their own restraint of trade laws. Linux may face fifty different
Wallace's in fifty different states.

If Wallace lost in Federal Court he could still sue under Indiana law:

IC 24-1-2-1 Illegal combinations; exceptions; offense; defense Sec. 1.
Every scheme, 
contract, or combination in restraint of trade or commerce, ...
-

Furthermore,

-
GPL Hollaaring
by: walter_oak_night01/27/06 03:04 pm
 
ICE on automatic aggregation of software copyrights
In fact, the GPL itself rejects any automatic aggregation of software
copyrights under the GPL simply because one program licensed under the
GPL is distributed together with another program that is not licensed
under the GPL: "In addition, mere aggregation of another work not based
on the Program with the Program (or with a work based on the Program) on
a volume of a storage or distribution medium does not bring the other
work under the scope of this License."

Linux kernel v. application
And as the copyright notice in the kernel sources says, user
applications are not subject to the GPL.

Supported by Hollaar:
With dynamically-linked libraries, the application program being
distributed is no longer a compilation that includes the library.
Because the library is not being distributed with the application
program, no permission is needed from the copyright owner of the library
for the distribution to users. Users must, of course, be authorized to
use the library, but if they are owners of a copy of the library, under
Section 117 they can make any adaptations of the library necessary to
use it with the application program.

FSF GPL FAQ
I'd like to modify GPL-covered programs and link them with the
portability libraries from Money Guzzler Inc. I cannot distribute the
source code for these libraries, so any user who wanted to change these
versions would have to obtained those libraries separately. Why doesn't
the GPL permit this? ….
http://www.gnu.org/licenses/gpl-faq.html#MoneyGuzzlerInc

FAQ as Fact
In 2002, a company named Global Technologies Ltd (now defunct) had
ported some 4.5M lines of GPL/BSD and other open source code to Windows
using AT&T Uwin. They claimed less than 500 lines had to be changed and
all changes went back to original authors. The binaries were distributed
from their web site, but one day disappeared. My $50.00 check for a CD
distribution of the binaries and source, which indicated $25 gift to
FSF, was returned with a letter explaining Moglan threatened legal
action for violating the GPL because the code was linked with AT&T
uwin’s proprietary posix.dll that provided the POSIX interface on
windows.

Hollaar disagress
Some have claimed that an application program that needs a library for
its operation is a derivative work of that library. They 

Re: GNU General Public License?

2006-01-31 Thread Alexander Terekhov

Fung wrote:

[... the GPL ...]

The GPL talks about legal regime in the GNU Republic in a nearby 
alternative universe where First Sale is nonexistent, IP is not 
property (it belongs to the state), and where distributing software 
under any "license" other than the GPL (which is akin to a lottery 
or any other permits from the state and is of course not a contract 
or a property right in the GNU Republic) or "GPL compatible" license 
(but that's for extra regulation fee) is a felony under GNU law. 

> 
> Assumption: commoncpp library is licensed under GPL

Yes. And?

regards,
alexander.
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Re: GPL and other licences

2006-01-31 Thread David Kastrup
Alexander Terekhov <[EMAIL PROTECTED]> writes:

> Fung wrote:
>> 
>> I am currently doing some research on open source licences and
>> while reading the GPL licence the following question arose:
>> Distributing a derivative work combined from software licensed
>> under [whatever]
>
> Combining software doesn't create a derivative work under copyright 
> law. If anything, it creates a compilation, not a derivative work.

Nonsense.  "compilation" in copyright law and "compilation" in
computing are completely different things.

> If you don't happen to live in the GNU Republic, linking of computer
> programs (and libraries are computer programs) isn't one of
> exclusive rights reserved to copyright owners

Quite so.  It will be "fair use" most of the time.  Redistribution of
the results, however, is nothing copyright law permits by default, so
you need to consult your license for the terms, if any, you need to
fulfill for redistribution of a combined work.

So the question of the poster can be resolved without listening to
your usual irresponsible hogwash: he can indeed combine a GPLed work
in private with whatever software he wants to, as long as he does not
redistribute the results.

-- 
David Kastrup, Kriemhildstr. 15, 44793 Bochum
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Re: GPL and other licences

2006-01-31 Thread David Kastrup
Alexander Terekhov <[EMAIL PROTECTED]> writes:

> David Kastrup wrote:
> [...]
>> Wallace gets a last chance, but the court has not even found enough
>> merit in Wallace's ramblings to even start proper proceedings.
>
> "By making certain software programs available to users at no charge, 
>  the GPL may be discouraging developers from creating new and better 
>  programs because they will not receive compensation for their work, 
>  thereby reducing the number of quality programs available to users. 
>  This may be considered anticompetitive effect, and it certainly can 
>  be inferred from what Mr. Wallace alleges in his Third Amended 
>  Complaint. Therefore, this court finds that the Third Amended 
>  Complaint states a claim for violation of Section 1 of the Sherman 
>  Act, under the rule of reason doctrine."

Well, the court is trying to find out a way to interpret Wallace's
ramblings within the context of law, since he is unable to do so
himself.  So they try to construe what he might be talking about
legally, and then dismiss this claim without prejudice.

Not really an impressive achievement.

>> > We'll see much more FSF's blood this time, I think.
>> 
>> Well, we certainly can't see any less.
>
> See above.

I can't see the FSF bleeding just because the court tries to pound
some coherence into Wallace's claims before dismissing them.

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Re: GPL and other licences

2006-01-31 Thread Alexander Terekhov
David Kastrup wrote:
> 
> Alexander Terekhov <[EMAIL PROTECTED]> writes:
> 
> > Fung wrote:
> >>
> >> I am currently doing some research on open source licences and
> >> while reading the GPL licence the following question arose:
> >> Distributing a derivative work combined from software licensed
> >> under [whatever]
> >
> > Combining software doesn't create a derivative work under copyright
> > law. If anything, it creates a compilation, not a derivative work.
> 
> Nonsense.  "compilation" in copyright law and "compilation" in
> computing are completely different things.

Hey retard, I meant compilation as in copyright law. Once you've 
got a lawfully made copy of a "computer program" (a set of 
instructions... see the definition) in source code form, you can 
reproduce it in object code form (as an additional copy per 17 USC 
117) using compilation process (as in computing), link it together 
with other stuff and run. It has nothing to do with "fair use". 

Furthermore, 17 USC 117 entitles the owner of a lawfully made copy 
(source code see above) to distribute additional copies (in object
code form see above) "along with the copy from which such copies 
were prepared".

regards,
alexander.
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Re: GPL 3 and patents question

2006-01-31 Thread Alfred M\. Szmidt
   Let's assume, that GPL 3 is finalized as is today, and that at that
   time the country I live in - Switzerland - still does not allow
   patents on software.

Software patents are still illegal in the majority of European
countries.

   I write some software on my own, and because I live in Switzerland
   I do not care about if what I write is infringing any patents in
   some other countries. I decide to not keep the software for myself
   but rather make it available to others by publishing it.

   Q1: Can I use GPL 3 or would that force me to verify my software is
   encumbered by patents to not violate myself the terms of the GPL 3,
   or be forced to license the patent I would infringe outside of the
   place I live?

I don't think this is related to the GPLv3, or any copyright license
actually.  If you violate a software patent, then you violate it.  A
copyright license cannot give anyone the right to simple violate
patent laws, or any laws.

What a license can do, which the GPLv3 tries to achive, is if a patent
holder uses, modifies, or distributes the program then they cannot sue
you for patent infrigment.

   Q2: If answer to Q1 ist that I cannot use "vanilla" GPL 3, am I
   allowed to add a clause through which I transfer the obligation to
   check for patent infrigements and to apply for a patent licence to
   the user of my software?

That would make the software non-free, since one requires an special
license that allows only a specific subset of people to use the
software.

   Q3: If answer to Q2 ist, that I cannot transfer the obligation to
   check for patents to the user, can I simply license the software
   under GPL 3 with the added clause, that someone may use the
   software only in places which do not know about software patents?

This would also make the software non-free.  The ability to use it for
any purpose, anywhere in the world, is a right that all users must
have.

   Q4: Am I allowed to do such modifications and redistribute the
   software, or am I forced by the provisions of GPL 3 to either make
   sure my modification does not infringe someones patents or license
   myself the patent?

This isn't something related to the GPLv3, it is related to how patent
law works.  So it is your task to check that you are not violating any
patents, and you cannot put the burden on someone else.  This is one
of the major problem with software patents, it is impossible to check
that you are violating single or several patents, they are written in
a very vauge language.

   Q5: If the answer to Q4 is that I am not allowed to do such
   modficiations, but answer to Q2 says that I can transfer the
   obligtion to check for patent infringements and licence the patent
   to the user, am I then allowed to add such a clause to the licence
   of my modified software even though the software I used as base did
   not have such a clause?

Once again, this would make the software non-free.  The user should
not have any obiligation to check anything.

   Q6: If the answer to Q4 is that I am not allowed to do such
   modficiations, but answers to Q3 says that I can limit the places
   where the software can be used, am I then allowed to add such a
   clause to the license of my modified software even though the
   software I used as base did not have such a clause?

Yet again, this would make the software non-free, the right to use,
modify, distribute and study software is a right that _all_ users
_must_ have.

   I appreciate any answers to my questions.

Hopefully my answers will be of help.


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Re: Running modified GPL software on a server

2006-01-31 Thread Alexander Terekhov
For the sake of nailing stupid dak once again...

David Kastrup wrote:
> 
> Alexander Terekhov <[EMAIL PROTECTED]> writes:
> 
> > John Hasler wrote:
> > [...]
> >> No.  You are only required to give copies of the source to those you give
> >> copies of the binaries to.
> >
> > 17 USC 109 disagrees. The owner of a lawfully made copy is ENTITLED,
> > WITHOUT THE AUTHORITY OF THE COPYRIGHT OWNER, to sell or otherwise
> > dispose of the possession of that copy.
> 
> "lawfully made", "dispose of", "possession".  It is clear that this
> applies to physical copies acquired in an exchange of interest with
> the copyright holder, not to things you duplicated yourself.  ["the 
> license"]

HOUSE REPORT NO. 94-1476 (about 109): "any resale of an illegally 
''pirated'' phonorecord would be an infringement, but the 
disposition of a phonorecord legally made under the compulsory 
licensing provisions of section 115 would not."

DMCA Section 104 Report: (ignoring Red Hat's "concerns" orticulated 
by Red Hat attorneys during testimony***)

http://www.copyright.gov/reports/studies/dmca/sec-104-report-vol-1.pdf

"There is no dispute that section 109 applies to works in digital
 form. Physical copies of works in a digital format, such as CDs or
 DVDs, are subject to section 109 in the same way as physical
 copies in analog form. Similarly, a lawfully made tangible copy
 of a digitally downloaded work, such as a work downloaded to a
 floppy disk, Zip™ disk, or CD-RW, is clearly subject to section
 109."

***) < quotes from dmca/sec-104-report-vol-<2|3>.pdf >

Red Hat, Inc.:

  Let me just clarify that I don't think anyone today intends to
  impact our licensing practices. I haven't seen anything in the
  comments, nor have I heard anything today that makes me think
  someone does have that intention. What we're concerned about
  are unintended consequences of any amendments to Section 109.
  The primary difference between digital and nondigital products
  with respect to Section 109 is that the former are frequently
  licensed. ... product is also available for free downloaded
  from the Internet without the printed documentation, without
  the box, and without the installation service. Many open source
  and free software products also embody the concept of copyleft.
  ... We are asking that amendments not be recommended that would
  jeopardize the ability of open source and free software
  licensor to require [blah blah]

Time Warner, Inc.:

  We note that the initial downloading of a copy, from an
  authorized source to a purchaser's computer, can result in
  lawful ownership of a copy stored in a tangible medium.

Library Associations:

  First, as conceded by Time Warner, digital transmissions can
  result in the fixation of a tangible copy. By intentionally
  engaging in digital transmissions with the awareness that a
  tangible copy is made on the recipient's computer, copyright
  owners are indeed transferring ownership of a copy of the work
  to lawful recipients. Second, the position advanced by Time
  Warner and the Copyright Industry Organizations is premised
  on a formalistic reading of a particular codification of the
  first sale doctrine. When technological change renders the
  literal meaning of a statutory provision ambiguous, that
  provision "must be construed in light of its basic purpose"
  and "should not be so narrowly construed as to permit evasion
  because of changing habits due to new inventions and
  discoveries." Twentieth Century Music Corp. v. Aiken, 422 U.S.
  151, 156-158 (1975). The basic purpose of the first sale
  doctrine is to facilitate the continued flow of property
  throughout society.

regards,
alexander.
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Re: GNU General Public License?

2006-01-31 Thread Fung
art 3 of the GPL licence: You may copy and distribute the Program (or a
work based on it, under Section 2) in object code or executable form
under the terms of Sections 1 and 2 ...

art 4 of the GPL licence. You may not copy, modify, sublicense, or
distribute the Program except as expressly provided under this License.
Any attempt otherwise to copy, modify, sublicense or distribute the
Program is void, and will automatically terminate your rights under
this License. However, parties who have received copies, or rights,
from you under this License will not have their licenses terminated so
long as such parties remain in full compliance.

Assumption: commoncpp library is licensed under GPL

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Re: GPL and other licences

2006-01-31 Thread David Kastrup
Alexander Terekhov <[EMAIL PROTECTED]> writes:

> David Kastrup wrote:
> [...]
>> That must be why we have all those copyright violation lawsuits going
>> on.
>
> "We" don't have any lawsuits. You (gnu.org folk), on the other hand,
> have a nice lawsuit from Wallace. Kudos to him for calling the bluff
> and achieving pretty good results already. For example,

http://sco.tuxrocks.com/Docs/Wallace_v_FSF/Wallace_v_FSF-30.pdf>

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Re: Running modified GPL software on a server

2006-01-31 Thread David Kastrup
Alexander Terekhov <[EMAIL PROTECTED]> writes:

> John Hasler wrote:
> [...]
>> No.  You are only required to give copies of the source to those you give
>> copies of the binaries to.  
>
> 17 USC 109 disagrees. The owner of a lawfully made copy is ENTITLED, 
> WITHOUT THE AUTHORITY OF THE COPYRIGHT OWNER, to sell or otherwise 
> dispose of the possession of that copy.

"lawfully made", "dispose of", "possession".  It is clear that this
applies to physical copies acquired in an exchange of interest with
the copyright holder, not to things you duplicated yourself.  For
those copies, your rights are restricted by the license.  The GPL
allows you distributing such copies _under_ _the_ _GPL_, _including_
the source code (or rights to it).  Copyright law does not permit you
to do any distribution of them without license.

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Re: Running modified GPL software on a server

2006-01-31 Thread Alexander Terekhov

David Kastrup wrote:
> 
> Alexander Terekhov <[EMAIL PROTECTED]> writes:
> 
> > David Kastrup wrote:
> > [...]
> >> "lawfully made", "dispose of", "possession".  It is clear that this
> >> applies to physical copies acquired in an exchange of interest with
> >> the copyright holder, not to things you duplicated yourself.  For
> >> those copies, your rights are restricted by the license.  The GPL
> >> allows you distributing such copies _under_ _the_ _GPL_, _including_
> >> the source code (or rights to it).  Copyright law does not permit you
> >> to do any distribution of them without license.
> >
> > Hey dak, Lee Hollaar the author of
> > http://digital-law-online.info/lpdi1.0/treatise2.html (I mean his
> > treatise, not the Foreword written by the Chief Judge and the Chief
> > Intellectual Property Counsel to the Senate Judiciary Committee)
> > told you several times in the past that your understanding of
> > "first sale" is totally wrong. Here's what Lee Hollar who worked
> > with the Chief Judge and the Chief Intellectual Property Counsel to
> > the Senate Judiciary Committee on Internet, copyright, and patent
> > issues as a Committee Fellow had to say about the GNU legal nonsense
> > version 3 (note that most of it applies to GNU legal nonsense
> > version 2 as well).
> 
> You are a practical joker.  Do you even _read_ what you cite?  Hollaar
> is here talking about the right to modify, not the right to copy.  And
> certainly not about "first sale".

You're a real idiot.

http://groups.google.com/group/misc.int-property/msg/4d2438aa5d80f803



In article <[EMAIL PROTECTED]> [EMAIL PROTECTED] writes:
>"Licenses are not contracts: the work's user is obliged to remain
>within the bounds of the license not because she voluntarily promised,
>but because she doesn't have any right to act at all except as the
>license permits." [quoting Eben Moglen]

That might be true IF "she doesn't have any right to act at all except
as the license permits."  But as I have pointed out here and in my
comments to the FSF regarding the new GPLv3, that is not the case.
United States copyright law provides a number of exceptions to the
exclusive rights of the copyright owner, including "first sale" as
covered in 17 U.S.C. 109 and the right in 17 U.S.C. 117 of the owner
of a copy of a computer to reproduce or adapt it if necessary to use
it.

The convenient redefinition of things in the GPL reminds me of a
quote from Abraham Lincoln:
 How many legs does a dog have if you call the tail a leg?
 Four.  Calling a tail a leg doesn't make it a leg.



regards,
alexander.
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Re: GNU General Public License?

2006-01-31 Thread Alexander Terekhov

Alexander Terekhov wrote:
[...]
> http://www.gnu.org/philosophy/copyright-versus-community.html

The funny thing is that the guy pretends to be a sort of anarchist.

In in interview with Spiegel Online Stallman said "I tend toward the
left-wing anarchist idea", and to LinuxWorld Today he said I am a sort
of combination between a liberal and a leftist anarchist."

Now,

http://www.indymedia.org.uk/en/2003/12/283113.html
(The Free Software Movement - Anarchism in Action)


- Crossover

There are currently some points of contact between the free software
movement and the anarchist movement, as well as the wider
anti-capitalist movement. One example is the ActiviX group, who arrange
training days to help activists learn how to use GNU/Linux. There are
also an emerging culture of 'HackLabs' in several European countries,
open computer access in political spaces. One is currently being set up
in Freedom Press book shop in London. Such work should continue and
increase and the connections need to be drawn more. Anarchist theorists
would do well to seriously consider the implications of the movement for
anarchism as a social and industrial theory. For too long anarchist
theorists have had to point to past examples of more libertarian ways of
creating and maintaining complex systems. With the advent of GNU/Linux,
we no longer need to rely on the past alone. Caution should be used in
such analysis. As noted above, the free software movement is not totally
anarchist, nor even fully libertarian. The facts and their implications
should be studied with humility, seeking for learn more than we seek to
teach. Also, we should not be overly concerned with interest shown in
the "open source" movement by Troyskyist and other left groups. Small
groups of free software programming groups jealously guard their
independence by instinct.

- Our favorite web sites use free software

It is also worth remembering that anarchists and activists in general
use plenty of free software already (though we could stand to use it on
the desktop more). If you are reading this article on enrager.net you
are using free software as you browse, even if you used a Windows or
Apple machine to access the site. You are using GNU/Linux and other free
software every time you use the following web sites (only a few among
thousands): Indymedia UK and international, Infoshop,
flag.blackened.net, AK Press UK. Many of the community based online
software systems, forums and open content packages for web sites are
free software, including the Indymedia code bases.

- Engels' "steering a ship" argument

In his campaign against anti-authoritarian ideas within the First
International, Engels asked in a letter written in January 1872 "how do
these people [the anarchists] propose to run a factory, operate a
railway or steer a ship without having in the last resort one deciding
will, without a single management?" (15) Anarchists know full well that
the way in which co-ordinated work takes place -authoritarian hierarchy
or by freely co-operating groups electing recallable delegates where
needed- makes all the difference. Now we have in GNU/Linux and the rest
of free software movement many compelling examples of complex systems
that have no leader, no central government or management (Linus may be
the 'dictator' of the Linux kernel, but attempts no domination of other
projects, even if that were feasible, which it is not).

- The contradictory role of big business

Big businesses with a vested interest in GNU/Linux like Sun, HP and IBM
often employ their programmers to adapt it to add a new feature which
will make it more usable with one of their hardware products. The nature
of the GPL, however, means that these modifications and additions must
be shared with the community. Why would large corporations give stuff
away for free? It should be remembered that these are generally
companies who make their money from hardware, not software. Software is
regarded as an expense. Being able to draw on the resources of the
community is a big plus for them, and this is something that the Open
Source movement has often argued to get them on board. This accounts for
the corporate embrace of GNU/Linux and "open source" in recent years.
Apple's OS X uses as its core the BSD UNIX operating system. However,
because BSD uses a more permissive non-copyleft free software license,
the freeness of BSD did not 'infect' OS X and it remains non-free. The
core of the OS (without the nice graphical Mac interface) is maintained
separately as the free 'Darwin'. This is a good example of why copyleft
should be used to protect common property.

* The Future

So anarchists should realise that although free software pushes the
boundaries of freedom, ultimately, it works within capitalism and could
never 'infect' the whole system. It does nothing about more general
wealth-sharing, decision making in other industries (or even many in its
own), or wider social relations. Although the concept of cop

GPL and other licences

2006-01-31 Thread Fung
Dear folks,

I am currently doing some research on open source licences and while
reading the GPL licence the following question arose: Distributing a
derivative work combined from software licensed under the Apache
Software Licence 2.0 and software licensed under the GNU GPL 2.0 is not
possible, due to the patent terminating clause in the Apache Software
Licence. But is it forbidden to create a derivative work from software
licensed under those two licences, without distributing? So only using
it for personal/internal use.

In the GPL licence I can only find provisions on distribution of the
original form or modified/covered form. Or is this restricted by
copryright law?

Yours,


Fung

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Re: GPL and other licences

2006-01-31 Thread Fung
To clarify it a bit: providing source code is not the question here. I
just want to know if it is legal to use the differently licensed
software in such manner, namely: personal/internal use eventhough the
licences exclude eachother

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Re: GPL and other licences

2006-01-31 Thread David Kastrup
Alexander Terekhov <[EMAIL PROTECTED]> writes:

> David Kastrup wrote:
>> 
>> Alexander Terekhov <[EMAIL PROTECTED]> writes:
>> 
>> > David Kastrup wrote:
>> > [...]
>> >> That must be why we have all those copyright violation lawsuits going
>> >> on.
>> >
>> > "We" don't have any lawsuits. You (gnu.org folk), on the other hand,
>> > have a nice lawsuit from Wallace. Kudos to him for calling the bluff
>> > and achieving pretty good results already. For example,
>> 
>> http://sco.tuxrocks.com/Docs/Wallace_v_FSF/Wallace_v_FSF-30.pdf>
>
> Yes. And? The last time the FSF's didn't get what they wanted
> (dismissal with prejudice) and they actually got spanked by judge
> for using "extraneous materials FSF relied upon in drafting the
> motion".

Uh, the case has been dismissed.  Without prejudice, meaning that
Wallace gets a last chance, but the court has not even found enough
merit in Wallace's ramblings to even start proper proceedings.

> We'll see much more FSF's blood this time, I think.

Well, we certainly can't see any less.

> As for judge's comments about the GPL... one can tie oneself in
> knots trying to make sense of the GPL.

Well, so far you are tieing yourself in knows trying to pass it off as
nonsense.

> It's quite easy for a judge to get a bit confused on a first
> glance.  Wallace will gradually straighten him out.

Certainly so, since Wallace has had a profound legal education like
yourself, in contrast to the judge who is confused about legal
matters.

Too bad that in the courts judges rule, and not Wallaces and
Terekhovs.

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Re: GPL and other licences

2006-01-31 Thread David Kastrup
Alexander Terekhov <[EMAIL PROTECTED]> writes:

> David Kastrup wrote:
>> 
>> Alexander Terekhov <[EMAIL PROTECTED]> writes:
>> 
>> > Fung wrote:
>> >>
>> >> I am currently doing some research on open source licences and
>> >> while reading the GPL licence the following question arose:
>> >> Distributing a derivative work combined from software licensed
>> >> under [whatever]
>> >
>> > Combining software doesn't create a derivative work under copyright
>> > law. If anything, it creates a compilation, not a derivative work.
>> 
>> Nonsense.  "compilation" in copyright law and "compilation" in
>> computing are completely different things.
>
> Hey retard, I meant compilation as in copyright law. Once you've 
> got a lawfully made copy of a "computer program" (a set of 
> instructions... see the definition) in source code form, you can 
> reproduce it in object code form (as an additional copy per 17 USC 
> 117) using compilation process (as in computing), link it together 
> with other stuff and run. It has nothing to do with "fair use". 
>
> Furthermore, 17 USC 117 entitles the owner of a lawfully made copy 
> (source code see above) to distribute additional copies (in object
> code form see above) "along with the copy from which such copies 
> were prepared".

That must be why we have all those copyright violation lawsuits going
on.

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Re: Running modified GPL software on a server

2006-01-31 Thread Alexander Terekhov

David Kastrup wrote:
[...]
> "lawfully made", "dispose of", "possession".  It is clear that this
> applies to physical copies acquired in an exchange of interest with
> the copyright holder, not to things you duplicated yourself.  For
> those copies, your rights are restricted by the license.  The GPL
> allows you distributing such copies _under_ _the_ _GPL_, _including_
> the source code (or rights to it).  Copyright law does not permit you
> to do any distribution of them without license.

Hey dak, Lee Hollaar the author of
http://digital-law-online.info/lpdi1.0/treatise2.html (I mean his
treatise, not the Foreword written by the Chief Judge and the Chief
Intellectual Property Counsel to the Senate Judiciary Committee)
told you several times in the past that your understanding of 
"first sale" is totally wrong. Here's what Lee Hollar who worked 
with the Chief Judge and the Chief Intellectual Property Counsel to 
the Senate Judiciary Committee on Internet, copyright, and patent 
issues as a Committee Fellow had to say about the GNU legal nonsense 
version 3 (note that most of it applies to GNU legal nonsense 
version 2 as well).

comment 388: Not a correct statement of copyright law
Regarding the text: However, nothing else grants you permission to
propagate or modify the Program or any covered works.
In section: gpl3.notacontract.p0.s3

Submitted by: hollaar
comments:

This is not a correct statement of copyright law, at least in the
United States. With respect to "propagate", it is likely a tautology
because of the defintion of "propagate" covering only things "that
require permission under applicable copyright law". But for "modify",
17 U.S.C. 117 permits the "owner of a copy of a computer program" to
make an "adaptation" in particular circumstances, and makes it clear
that making that adaptation does not "infringe copyright if you do not
accept this License." It also does not seem to recognize the "first
sale" doctrine codified in 17 U.S.C. 109, that permits the transfer of
a lawfully-made copy "without the authority of the copyright owner".
Perhaps the interplay between the definition of "propagate" and this
section covers it, but it is certainly not made clear and, in fact,
misleads one in thinking that the only way to redistribute a lawful
copy is to accept the License.
noted by hollaar

comment 389: Not a correct statement
Regarding the text: You may not propagate, modify or sublicense the
Program except as expressly provided under this License.
In section: gpl3.termination.p0.s1
Submitted by: hollaar
comments:

As I noted in more detail in my comments on Paragraph 9, this is not
an accurate statement. In the United States, 17 U.S.C. 109 ("first
sale") and 117 ("computer programs") allow the owner of a
lawfully-made copy to modify it in certain circumstances and to
redistribute it without permission of the copyright owner.
noted by hollaar

comment 390: Permission may not be required for use
Regarding the text: which means permission for use
In section: gpl3.licensecompat.p6.s1
Submitted by: hollaar
comments:

In the United States, at least, permission may not be required to use
a computer program if the user is the lawful owner of a copy. See 17
U.S.C. 117. United States copyright law does not give the copyright
owner a right to control use (although the DMCA does provide sort of
an access right if the information is protected by DRM, see 17 U.S.C.
1201(a), which does not apply here because of the anti-DRM language).
Even if you regard the "use" of the computer program as a
"reproduction" because it is being copied into memory (see MAI v.
Peak, http://digital-law-online.info/cases/26PQ2D1458.htm), that
reproduction is specifically allowed by 17 U.S.C. 117 for the lawful
owner of the copy of the computer program.
noted by hollaar

comment 570: Just saying it doesn't make it so
Regarding the text: No covered work constitutes part of an effective
technological protection measure
In section: gpl3.drm.p1.s1
Submitted by: hollaar
comments:

A covered work will be "part of an effective technological protection
measure" (a term that mimics the DMCA "technological measure that
effectively controls access to a work", much like "derived from"
mimics "derivative work") based on what it does, not what you say. For
example, you can't exempt yourself from patent law by simply stating
that the "covered work is not a process, machine, manufacture, or
composition of matter" (the classes of patentable things in the United
States).
noted by hollaar

regards,
alexander.
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Re: GNU General Public License?

2006-01-31 Thread Alexander Terekhov

Fung wrote:
> 
> You can make profit of the GPL licence, see for example redhat. But you
> should be aware of one thing: using the commoncpp library will probably
> mean you need to license your software under GPL, so the source code
> must be provided.

Sez who?

regards,
alexander.
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Re: Intellectual Property II

2006-01-31 Thread Alexander Terekhov

Rui Miguel Silva Seabra wrote:
[...]
> > You're a brainwashed GNUtian. Of course it doesn't make sense to you.
> 
> Geez, I guess I must be... I don't remember the brainwashing sessions,

Of course you don't remember.

> so there's your proof :)

A whole bunch of proofs can be found in the archives of this newsgroup 
on google.

regards,
alexander.
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Re: Running modified GPL software on a server

2006-01-31 Thread John Hasler
Rex writes:
> Do you mean this?

Who is "you"?  Are you replying to someone in particular?  Hint: this is
Usenet, not a "forum".

> In other words, it wouldn't be OK to modify Emacs and allow people full
> remote use of it on my server without giving out the source, but it would
> be OK to modify MySQL so people can do simple searchbox queries through
> HTTP that query my customized database. Does that sound right?

No.  You are only required to give copies of the source to those you give
copies of the binaries to.  Allowing someone to run the software remotely
does not involve giving them copies of anything.  Therefor you do not need
to supply copies of the Emacs source to people who run it remotely on your
server.  The same applies to MySQL or any other GPL software.

Read the license.  If you can't understand it consult an attorney.
-- 
John Hasler 
[EMAIL PROTECTED]
Dancing Horse Hill
Elmwood, WI USA
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Re: Running modified GPL software on a server

2006-01-31 Thread Alfred M\. Szmidt
   I've seen a lot of people say that if you modify GPL code and run
   it on a server (e.g. I modify MySQL and then use it as a database
   for my shopping website), you don't have to GPL your
   modifications. Can anyone point me to an official statement on this
   by the FSF or another authority?

The GUN General Public License has the offical "statement" about this.
Notable section 3 of GPLv2.


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