Re: How To Break The GPL

2000-03-08 Thread cszigetv



 "Why should we care how the laws against robbery are drafted?
If Alice doesn't care, at least we should care. 

The point I wanted to make (not clear enough as it seems) is that a license
is only part of protecting the GPL source base. The license by itself will
probably not be enough to do the job, no matter what wording you use.
There has to be someone or some organization behind it, and for that
reason 
its good to have RMS and the FSF, despite of some harsh and sometimes
"radical" 
statements. Another candidate could be RedHat, they seem to be financially
strong enough to enforce a lawsuit in case of need. And they are present
globally (more or less). Though I don't know if they want to get involved
in something like this...

 Most robbers are never captured."
This by itself doesn't mean that robbery is acceptable, IMHO.


---Csaba Szigetvári



Re: Looking to learn more about EXCEPTIONS -- gnu style

2000-03-08 Thread Patrick Doyle


On Tue, 7 Mar 2000, David Johnson wrote:

 The GNU compilers have exceptions, but as I understand it, they're only
 there to placate some fears. I seem to recall some early rumours that
 compiling your programs with a GPL compiler would cause the output to be
 under the GPL. This is patently false, as the GPL already excepts the
 output of most programs, including gcc. Nevertheless, the fear was there
 so the exception was added. 

Actually, I recall a similar problem with flex (or was it bison?).  They
make use of skeleton files which were GPLed, and which appeared verbatim
(plus the generated code) in the program's output.  I don't know if there
was a similar situation with gcc, but it seems a reasonable concern to me.

--
Patrick Doyle
[EMAIL PROTECTED]




Re: Looking to learn more about EXCEPTIONS -- gnu style

2000-03-08 Thread John Cowan

Patrick Doyle wrote:

 Actually, I recall a similar problem with flex (or was it bison?).  They
 make use of skeleton files which were GPLed, and which appeared verbatim
 (plus the generated code) in the program's output.

Bison.  But this is no longer true.

-- 

Schlingt dreifach einen Kreis vom dies! || John Cowan [EMAIL PROTECTED]
Schliesst euer Aug vor heiliger Schau,  || http://www.reutershealth.com
Denn er genoss vom Honig-Tau,   || http://www.ccil.org/~cowan
Und trank die Milch vom Paradies.-- Coleridge (tr. Politzer)



Re: Looking to learn more about EXCEPTIONS -- gnu style

2000-03-08 Thread Tom Hull

David Johnson wrote:
 
 I still wonder why the Linux kernel is GPL+exception, instead of being LGPL.
 Can anyone shed light on this? Was the LGPL available when Linux was put under
 the GPL?

Since GPL extends coverage to whole works, Linux uses the GPL to
ensure that all kernel drivers/modules are GPL-clean. It is a big
advantage for Linux to have all of the drivers and modules in
source form. Had LGPL been used, it would be possible for someone
to build a new non-free kernel using some/all of the Linux kernel
as subroutines.

Note that the exception does not extend to kernel modules, even
though they could be considered "normal use", given that they work
through defined interfaces. The exact wording is "user programs
that use kernel services by normal system calls".

 According to Linus from an interview, the exception is there so
 that programs can make kernel calls without falling under the GPL. Without it,
 one could argue that *every* program running under Linux would be a derivative
 of the kernel and thus have to be GPLd. This would have killed Linux before it
 got a foot off of the ground.

If every user level program had to be GPL in order to run on Linux,
that would either preclude use of or require relicensing of all
sorts of important pieces, including glibc and xfree86. Glibc is
especially interesting, in that almost all user programs access
the kernel through it.

-- 
/*
 * Tom Hull -- [EMAIL PROTECTED] * http://www.ocston.org/~thull
 */



Should governmnet software be Open Source?

2000-03-08 Thread Brice, Richard

Here is a question I'd like to get some thoughts on... Should software
written by our government be Open Source? After all, we pay for it. I think
we be given the opportunity to find new and creative uses for it.

I think open sourcing this software could also serve to make government more
accountable. Take for instance the software that determines who gets Social
Security, how much $$ they get, and then prints the checks. If this software
was open source, a watch-dog group could review that code and verify that
the government was making payments according to the rules. (What about the
software the IRS uses to select tax returns for audits?)

A local or state government agency that pays Workman Comp benefits could
take relevant portions from the Social Security check software and apply it
to their system, potentially saving tax payers money on the cost of
development.

What about military software? Would national security be compromised if the
software for the guidance system of an ICBM was open source? Could a tax
paying corporation like Boeing make use of such software in civilian
projects?

What are your thoughts?



Re: Should governmnet software be Open Source?

2000-03-08 Thread Derek J. Balling

Government-written and government-contracted software is NOT Open Source, 
but it IS Public Domain.

Knowing the differences is left as an exercise for the reader, but if you 
want the source code, a FOIA request would probably turn it up for you in 
short order.

D

At 10:17 AM 3/8/00 -0800, Brice, Richard wrote:
Here is a question I'd like to get some thoughts on... Should software
written by our government be Open Source? After all, we pay for it. I think
we be given the opportunity to find new and creative uses for it.

I think open sourcing this software could also serve to make government more
accountable. Take for instance the software that determines who gets Social
Security, how much $$ they get, and then prints the checks. If this software
was open source, a watch-dog group could review that code and verify that
the government was making payments according to the rules. (What about the
software the IRS uses to select tax returns for audits?)

A local or state government agency that pays Workman Comp benefits could
take relevant portions from the Social Security check software and apply it
to their system, potentially saving tax payers money on the cost of
development.

What about military software? Would national security be compromised if the
software for the guidance system of an ICBM was open source? Could a tax
paying corporation like Boeing make use of such software in civilian
projects?

What are your thoughts?



RE: Should governmnet software be Open Source?

2000-03-08 Thread Brice, Richard

Public domain and Open Source are not the same thing... No problem with
that. However, I've seen government agencies exercise their right to
copyright material (at least I assume it is their right because it is done
frequently).

As a specific example, the Pennsylvania Department of Transportation has
written some bridge design software that they refuse to share the source
code and charge non-government agencies upwards of $1500 per copy for the
executables. Please refer to sections 4 and 5 of their license agreement as
it asserts their copyright and position of
ownership(ftp://ftp.dot.state.pa.us/public/pdf/Englicpackage.pdf)
ftp://ftp.dot.state.pa.us/public/pdf/Englicpackage.pdf) .

Assuming I am correct, and government agencies have the right to copyright
software and distribute it with what ever license agreement they choose, I
would contend that the software should be distributed under the terms and
conditions of an open source license.

Public domain is a legal term that means "not copyrighted". Anyone can take
public domain software, tweak it, call it their own, and copyright it. From
that point on, the software might not be "free" at all. If government wants
to provide the maximum benefit of its assets to its citizens, then an Open
Source license is the only way to go. Once a private individual or company
copyrights and restricts the use and further distribution of software that
was originally created by government, the remaining citizens are denied the
maximum benefit of their investment.

-Original Message-
From:   Derek J. Balling [SMTP:[EMAIL PROTECTED]]
Sent:   Wednesday, March 08, 2000 10:26 AM
To: Brice, Richard; '[EMAIL PROTECTED]'
Subject:Re: Should governmnet software be Open Source?

Government-written and government-contracted software is NOT Open
Source, 
but it IS Public Domain.

Knowing the differences is left as an exercise for the reader, but
if you 
want the source code, a FOIA request would probably turn it up for
you in 
short order.

D

At 10:17 AM 3/8/00 -0800, Brice, Richard wrote:
Here is a question I'd like to get some thoughts on... Should
software
written by our government be Open Source? After all, we pay for it.
I think
we be given the opportunity to find new and creative uses for it.

I think open sourcing this software could also serve to make
government more
accountable. Take for instance the software that determines who
gets Social
Security, how much $$ they get, and then prints the checks. If this
software
was open source, a watch-dog group could review that code and
verify that
the government was making payments according to the rules. (What
about the
software the IRS uses to select tax returns for audits?)

A local or state government agency that pays Workman Comp benefits
could
take relevant portions from the Social Security check software and
apply it
to their system, potentially saving tax payers money on the cost of
development.

What about military software? Would national security be
compromised if the
software for the guidance system of an ICBM was open source? Could
a tax
paying corporation like Boeing make use of such software in
civilian
projects?

What are your thoughts?



RE: Should governmnet software be Open Source?

2000-03-08 Thread Derek J. Balling

At 10:52 AM 3/8/00 -0800, Brice, Richard wrote:
Public domain and Open Source are not the same thing... No problem with
that. However, I've seen government agencies exercise their right to
copyright material (at least I assume it is their right because it is done
frequently).

It would be interesting to challenge the copyright. :)  As far as I knew, 
the government didn't have any ability to DO that.

As a specific example, the Pennsylvania Department of Transportation has
written some bridge design software that they refuse to share the source
code and charge non-government agencies upwards of $1500 per copy for the
executables. Please refer to sections 4 and 5 of their license agreement as
it asserts their copyright and position of
ownership(ftp://ftp.dot.state.pa.us/public/pdf/Englicpackage.pdf)
ftp://ftp.dot.state.pa.us/public/pdf/Englicpackage.pdf) .

I don't know about State gov't's, but I'm almost positive the US gov't 
can't do things like that.

Considering that the code is paid for by tax dollars, I would suspect an 
FOIA request would still yield the source code, since it IS public property.

Public domain is a legal term that means "not copyrighted". Anyone can take
public domain software, tweak it, call it their own, and copyright it. From
that point on, the software might not be "free" at all. If government wants
to provide the maximum benefit of its assets to its citizens, then an Open
Source license is the only way to go. Once a private individual or company
copyrights and restricts the use and further distribution of software that
was originally created by government, the remaining citizens are denied the
maximum benefit of their investment.

Open Source requires the ability to copyright and "protect" the data, which 
to my recollection the US gov't at least cannot do. To use your example, 
let's say the gov't create Widget-Software-1.0, which does something 
"neat". Evil-Company (located in a Seattle suburb) gets WS1.0 and tries to 
copyright it. They CAN'T copyright 1.0, it's already in the public domain. 
They can take it, tweak it a little, call it 1.1, and copyright THAT all 
they want. That's their legal right. They have taken what their/your/my tax 
dollars paid for and modified it to their needs. The changed version has 
THEIR modifications, which they are free to deny you. You can still obtain 
the original 1.0 "from the source" and do whatever you like with it 
(possible creating a more open version of 1.1 to compete with 
Evil-Company's product).

D



RE: Should governmnet software be Open Source?

2000-03-08 Thread Brice, Richard

I would contend that if any level or branch of government has the right to
copyright software, then it is in the best interest of the public to use an
open source license. I say this for all the same reasons one might prefer to
use GPL over not-copyrighting. The benefits of an open source license are
greater than public domain. As a tax payer, I want to maximize my investment
in this nation. If Evil-company makes something I own better, I want access
to the better version so my employees (civil servants) can then make it
better to better serve me and my fellow investor.

Slightly off topic, where would one go about making and FOIA request...

And one last thing... I should have said this up front... I am employed by
the government of the State of Washington. I am a strong proponent of Open
Source Software for government. I develop bridge engineering software, and
have applied an Open Source license to it. I thought that info might be
relevant or at least give you a better picture of where I'm coming from.

-Original Message-
From:   Derek J. Balling [SMTP:[EMAIL PROTECTED]]
Sent:   Wednesday, March 08, 2000 11:05 AM
To: Brice, Richard
Cc: '[EMAIL PROTECTED]'
Subject:RE: Should governmnet software be Open Source?

At 10:52 AM 3/8/00 -0800, Brice, Richard wrote:
Public domain and Open Source are not the same thing... No problem
with
that. However, I've seen government agencies exercise their right
to
copyright material (at least I assume it is their right because it
is done
frequently).

It would be interesting to challenge the copyright. :)  As far as I
knew, 
the government didn't have any ability to DO that.

As a specific example, the Pennsylvania Department of
Transportation has
written some bridge design software that they refuse to share the
source
code and charge non-government agencies upwards of $1500 per copy
for the
executables. Please refer to sections 4 and 5 of their license
agreement as
it asserts their copyright and position of
ownership(ftp://ftp.dot.state.pa.us/public/pdf/Englicpackage.pdf)
ftp://ftp.dot.state.pa.us/public/pdf/Englicpackage.pdf) .

I don't know about State gov't's, but I'm almost positive the US
gov't 
can't do things like that.

Considering that the code is paid for by tax dollars, I would
suspect an 
FOIA request would still yield the source code, since it IS public
property.

Public domain is a legal term that means "not copyrighted". Anyone
can take
public domain software, tweak it, call it their own, and copyright
it. From
that point on, the software might not be "free" at all. If
government wants
to provide the maximum benefit of its assets to its citizens, then
an Open
Source license is the only way to go. Once a private individual or
company
copyrights and restricts the use and further distribution of
software that
was originally created by government, the remaining citizens are
denied the
maximum benefit of their investment.

Open Source requires the ability to copyright and "protect" the
data, which 
to my recollection the US gov't at least cannot do. To use your
example, 
let's say the gov't create Widget-Software-1.0, which does something

"neat". Evil-Company (located in a Seattle suburb) gets WS1.0 and
tries to 
copyright it. They CAN'T copyright 1.0, it's already in the public
domain. 
They can take it, tweak it a little, call it 1.1, and copyright THAT
all 
they want. That's their legal right. They have taken what
their/your/my tax 
dollars paid for and modified it to their needs. The changed version
has 
THEIR modifications, which they are free to deny you. You can still
obtain 
the original 1.0 "from the source" and do whatever you like with it 
(possible creating a more open version of 1.1 to compete with 
Evil-Company's product).

D



Re: Should governmnet software be Open Source?

2000-03-08 Thread Seth David Schoen

Derek J. Balling writes:

 At 10:52 AM 3/8/00 -0800, Brice, Richard wrote:
 Public domain and Open Source are not the same thing... No problem with
 that.

But public domain is one form of Open Source; see below.

 As a specific example, the Pennsylvania Department of Transportation has
 written some bridge design software that they refuse to share the source
 code and charge non-government agencies upwards of $1500 per copy for the
 executables. Please refer to sections 4 and 5 of their license agreement as
 it asserts their copyright and position of
 ownership(ftp://ftp.dot.state.pa.us/public/pdf/Englicpackage.pdf)
 ftp://ftp.dot.state.pa.us/public/pdf/Englicpackage.pdf) .
 
 I don't know about State gov't's, but I'm almost positive the US gov't 
 can't do things like that.

Well, the Regents of the University of California, a public corporation of
the State of California, certainly hold a lot of copyrights.

 Public domain is a legal term that means "not copyrighted". Anyone can take
 public domain software, tweak it, call it their own, and copyright it. From
 that point on, the software might not be "free" at all. If government wants
 to provide the maximum benefit of its assets to its citizens, then an Open
 Source license is the only way to go. Once a private individual or company
 copyrights and restricts the use and further distribution of software that
 was originally created by government, the remaining citizens are denied the
 maximum benefit of their investment.

I think you are confusing Open Source with copyleft; there are lots of Open
Source licenses which are not copyleft licenses, such as the BSD license.

The argument that government agencies should use a copyleft license is a
difficult one; copyleft is an activist tactic which might not be very
patable to governments.

 Open Source requires the ability to copyright and "protect" the data, which 
 to my recollection the US gov't at least cannot do. To use your example, 
 let's say the gov't create Widget-Software-1.0, which does something 
 "neat". Evil-Company (located in a Seattle suburb) gets WS1.0 and tries to 
 copyright it. They CAN'T copyright 1.0, it's already in the public domain. 
 They can take it, tweak it a little, call it 1.1, and copyright THAT all 
 they want. That's their legal right. They have taken what their/your/my tax 
 dollars paid for and modified it to their needs. The changed version has 
 THEIR modifications, which they are free to deny you. You can still obtain 
 the original 1.0 "from the source" and do whatever you like with it 
 (possible creating a more open version of 1.1 to compete with 
 Evil-Company's product).

Since last year the OSI has accepted source code in the public domain as Open
Source.

Free software has existed longer than statutory recognition of copyright in
computer programs.  Proprietary software was originally treated as a trade
secret (which is how I wish it were still treated, but the law has changed
dramatically); presumably, at that time, _all_ free software was in the
public domain.

-- 
Seth David Schoen [EMAIL PROTECTED]  | And do not say, I will study when I
Temp.  http://www.loyalty.org/~schoen/  | have leisure; for perhaps you will
down:  http://www.loyalty.org/   (CAF)  | not have leisure.  -- Pirke Avot 2:5



Novell license revision

2000-03-08 Thread Bruce Perens

The enclosed Novell license revision is submitted for OSI approval and
public discussion.

Thanks

Bruce Perens

 Novell.pdf


Is it possible to sue infringers under the GPL?

2000-03-08 Thread Justin Wells


A big problem with the GPL, and other OSS licenses, is that very few people
have standing to press a complaint. If someone violate's a GPL license, 
only the author of the software has the right to press the complaint (or
so I think, and I am not a lawyer). 

Worse, if there are multiple authors, you probably need a majority 
of them present to press the complaint. How do you find out who the 
authors of an OSS project are, and how on earth would you track down
a majority of them?

This doesn't bode well for OSS projects that are developed by someone who
has since vanished, and are now maintained by someone else. 

In my SPL, which I am *still* working on, I have this clause:

  For the sole purpose of taking action against an infringer of our
  copyrights, including actions seeking remedies, compensation, or the
  recovery of damages, anyone engaged in the lawful distribution of our 
  software shall be considered a beneficial owner of the rights to copy and 
  distribute it, and therefore has the authority to pursue such actions.

The goal here is to give someone like Red Hat the standing to press a 
claim against a violator, even if the original author has vanished from
the face of the earth. The copyright act (in the US) has some similar
language granting television broadcasters "beneficial owner" status
so they can go after pirates in their broadcast area, without having
to track down the copyright owners.

Any comments? Is this viable? Does it give the distributor enough power
to subvert the license? Does it give them enough standing to go after
an infringer in court?

The full text of the current SPL is here, and I would appreciate other
comments on it:

   http://shimari.com/SPL/

But at the moment I am particularly interested in this beneficial 
owner idea.

Justin



Re: Novell license revision

2000-03-08 Thread John Cowan

Bruce Perens wrote:

 The enclosed Novell license revision is submitted for OSI approval and
 public discussion.

Thanks for posting this license.  It's interesting, and fairly
clearly Open Source.

I'm not clear on the actual intent of the license, however.  It seems like it
is meant to be GNU-style viral: any work containing parts licensed
under the NCL must be entirely licensed under the NPL.   If that is
the intent, then an exception should probably be created for the
GNU GPL so that the licenses are mutually compatible.  (The GNU GPL
does not exclude this license, as far as I can tell.)

OTOH, if it is really BSD-ish, then it should say so.  As far as I
can tell from reading it, releasing a binary containing unmodified
NCLed code (e.g. an NCLed library) plus restrictively licensed code
can be accompanied by (an offer of) a source-code library of merely
the NCLed parts.  The full source of such a program is a mere collection,
not a derivative work as such, so the NCL does not automatically
extend to it.


-- 

Schlingt dreifach einen Kreis vom dies! || John Cowan [EMAIL PROTECTED]
Schliesst euer Aug vor heiliger Schau,  || http://www.reutershealth.com
Denn er genoss vom Honig-Tau,   || http://www.ccil.org/~cowan
Und trank die Milch vom Paradies.-- Coleridge (tr. Politzer)



Re: Should governmnet software be Open Source?

2000-03-08 Thread Rick B. Dietz

Is anyone familiar with the IRS's effort to create free (as in beer) tax
software?  As I recall, Congress shut this project down at the behest of
Intuit, et al.  The argument was the same as that often made against the
USPS, government intrusion in the market space of what would otherwise be
a profitable private enterprise.  This position would seem to be very much
a hinderence to the adoption/creation of free (as in freedom) software as
well by the gov't.

Rick Dietz




Re: Should governmnet software be Open Source?

2000-03-08 Thread Derek J. Balling

At 04:13 PM 3/8/00 -0500, Rick B. Dietz wrote:
The issue to the IRS was not that it was competing with commercial
services, rather it was making interaction with an existing government
beaurocracy easier for citizens for nothing over the internet.  Intuit was
saying, wait a second, we like this ugly bureaucratic mess just the way it
is because we profit from it as an unneccessary middleman.

You seem to suggest that a bureaucracy such as the IRS should not try to
improve its services in light of advances in technology.  That is an
argument for greater centralization, inefficiency and stagnation.

No, but making taxes available to be done over the net is NOT what you 
said, you said they were going to provide software to do it. My contention 
there was "which platforms will the software run on, and more importantly, 
which platforms will not be 'officially sanctioned for doing your taxes on'?"

If we're talking about something in a web page, that's a whole 'nuther story.

My main point is that Opensourcing gov't software will likely have the
same impact as the gov't making software freely (0$) available.   It will
improve gov't services and efficiency and threaten private interests which
profit from the bloated and less than user friendly interface our
institutions currently present.  If it threatens private interests with
enough cash, opensource in gov't software won't happen.

Your argument seems to go something like "These guys profit on the bloat, 
so why not let the gov't make some software that will put the bloat-abusers 
out of business."

I would argue that idea is fundamentally flawed. You SHOULD be arguing:

"Get rid of the bloated system and replace it with a non-bloated system."

The government should not be competing with businesses just for the sake of 
competing with them. Where is the direct value to the taxpayer if 
additional tax dollars are spent developing and supporting tax-software 
that will create no extra revenue (to be potentially self-sufficient)? If 
you release that open-source, how do you train your support people to 
recognize the "pure" IRS version versus the one that Joe Geek hacked up and 
compiled himself (to make it BETTER, of course!), and do you incur extra 
costs trying to support every hacked version out there?

Two words: Logistical nightmare.  This is a case where the private sector 
and closed-source are a better solution (IMHO).

D



Re: Should governmnet software be Open Source?

2000-03-08 Thread Seth David Schoen

Derek J. Balling writes:

 At 11:37 AM 3/8/00 -0800, Seth David Schoen wrote:
   At 10:52 AM 3/8/00 -0800, Brice, Richard wrote:
   Public domain and Open Source are not the same thing... No problem with
   that.
 
 But public domain is one form of Open Source; see below.
 
 Fair enough, BUT, I think the discussion was centering around "using some 
 open source license" and "releasing it into Public Domain".
 
 Public Domain allows end-users FAR greater lee-way (they can close the 
 source on their forked-tree if they like and go private) than a 
 conventional Open Source License would do.

Conventional wisdom is that you can do that with licenses like the BSD
license and MIT license.

I've heard that disputed recently, but this was at least the traditional
interpretation upon which several vendors have relied.

  Well, the Regents of the University of California, a public corporation of
 the State of California, certainly hold a lot of copyrights.
 
 Either (a) they shouldn't be allowed to do that with taxpayer-funded works, 
 or (b) all it takes is for someone with money,balls,time,energy to tell 
 them to get stuffed and dare them to fight it in court. :)

I'll look into that sometime.

 I think you are confusing Open Source with copyleft; there are lots of Open
 Source licenses which are not copyleft licenses, such as the BSD license.
 
 The problem is that it is a LICENSE at all. Using gov't-funded software is 
 not something the gov't CAN[1] license. It's a right you have, since you 
 paid for it. You can't license a right. I have the right to do what I want 
 with gov't code, whether that be closed it, open it, sell copies of it 
 verbatim, what-have-you. For the gov't to have a License, then you (a) 
 cannot use it if you are a minor, since you cannot legally agree to the 
 license, and (b) you have to agree to terms and conditions. There are no 
 acceptable terms and conditions for using taxpayer-funded code.

This is a difficult argument; after all, paying taxes does not allow you
to attend a public university without being admitted, nor to enter
government buildings and offices or military bases.

 Unless you know of the "Do Anything" license, which has OSI approval which 
 says "You can download this code from me and literally do whatever you want 
 with it. This is MY code, but you can do whatever floats your boat with it."

Well, I once wrote the "World's Shortest Open Source License", but it's never
been certified by anyone.

-- 
Seth David Schoen [EMAIL PROTECTED]  | And do not say, I will study when I
Temp.  http://www.loyalty.org/~schoen/  | have leisure; for perhaps you will
down:  http://www.loyalty.org/   (CAF)  | not have leisure.  -- Pirke Avot 2:5



Re: Is it possible to sue infringers under the GPL?

2000-03-08 Thread Seth David Schoen

Justin Wells writes:

 A big problem with the GPL, and other OSS licenses, is that very few people
 have standing to press a complaint. If someone violate's a GPL license, 
 only the author of the software has the right to press the complaint (or
 so I think, and I am not a lawyer). 
 
 Worse, if there are multiple authors, you probably need a majority 
 of them present to press the complaint. How do you find out who the 
 authors of an OSS project are, and how on earth would you track down
 a majority of them?

I'm just curious why you need a majority.  In the absence of some agreement
between developers about the disposition of the copyright, isn't a GPLed
work normally copyrighted in part by each of its contributors?

 In my SPL, which I am *still* working on, I have this clause:
 
   For the sole purpose of taking action against an infringer of our
   copyrights, including actions seeking remedies, compensation, or the
   recovery of damages, anyone engaged in the lawful distribution of our 
   software shall be considered a beneficial owner of the rights to copy and 
   distribute it, and therefore has the authority to pursue such actions.
 
 The goal here is to give someone like Red Hat the standing to press a 
 claim against a violator, even if the original author has vanished from
 the face of the earth. The copyright act (in the US) has some similar
 language granting television broadcasters "beneficial owner" status
 so they can go after pirates in their broadcast area, without having
 to track down the copyright owners.

Isn't that ownership granted by law?  If it weren't granted by law, could
you create such a thing simply by publishing that statement in a license?

-- 
Seth David Schoen [EMAIL PROTECTED]  | And do not say, I will study when I
Temp.  http://www.loyalty.org/~schoen/  | have leisure; for perhaps you will
down:  http://www.loyalty.org/   (CAF)  | not have leisure.  -- Pirke Avot 2:5



Re: Should governmnet software be Open Source?

2000-03-08 Thread Mark Wells



On Wed, 8 Mar 2000, Seth David Schoen wrote:

 This is a difficult argument; after all, paying taxes does not allow you
 to attend a public university without being admitted, nor to enter
 government buildings and offices or military bases.

I think the difference here is precisely that software isn't scarce.  I
don't _own_ the post office even though my taxes paid for it, because
everyone's taxes paid for it and we can't all own it.  We _can_ all own
a piece of software.

That's why I think keeping it in public domain is sensible.



Re: Should governmnet software be Open Source?

2000-03-08 Thread David Johnson

On Wed, 08 Mar 2000, Brice, Richard wrote:
 Here is a question I'd like to get some thoughts on... Should software
 written by our government be Open Source? After all, we pay for it. I think
 we be given the opportunity to find new and creative uses for it.

Of course! And more than that, it should be Public Domain! At the minimum, it
should have an unrestricted license like MIT or BSD. I would strongly disagree
with the GPL for the simple reason that Microsoft and Sun have to pay taxes as
well, so don't restrict their usage of it.

However, I would disagree with the government funding or mandating open source.
I don't feel that it is their role to determine or influence the development
models used by the software industry.

-- 
David Johnson...
_
http://www.meer.net/~arandir/



Re: Looking to learn more about EXCEPTIONS -- gnu style

2000-03-08 Thread David Johnson

On Wed, 08 Mar 2000, Patrick Doyle wrote:

 Actually, I recall a similar problem with flex (or was it bison?).  They
 make use of skeleton files which were GPLed, and which appeared verbatim
 (plus the generated code) in the program's output. 

There is a similar problem with KDevelop. The skeleton KDE and Qt applications
have GPL headers on them. However, the created template applications are NOT
under the GPL. The manual clarifies this a bit, but I can see a lot of
confusion over it.  I wonder how many newbies learning Qt programming on
KDevelop think that they *have* to use the GPL?

-- 
David Johnson...
_
http://www.meer.net/~arandir/



Re: Is it possible to sue infringers under the GPL?

2000-03-08 Thread David Johnson

On Wed, 08 Mar 2000, Seth David Schoen wrote:

  Worse, if there are multiple authors, you probably need a majority 
  of them present to press the complaint. How do you find out who the 
  authors of an OSS project are, and how on earth would you track down
  a majority of them?
 
 I'm just curious why you need a majority.  In the absence of some agreement
 between developers about the disposition of the copyright, isn't a GPLed
 work normally copyrighted in part by each of its contributors?

Ouch! Is that how people view Open Source modifications? It's a wonder
development even occurs. As I see it, if you submit a patch to my application,
and say that is what it is, that patch falls under my copyright. You still have
full rights to it outside of my application, but once it's included with your
permission, the whole is still mine.

But I can see where the opposite viewpoint is also valid. So, are contributors
automatically copyright holders?

-- 
David Johnson...
_
http://www.meer.net/~arandir/