Re: The Toll Roads of Open Source

2001-01-23 Thread Angelo Schneider

Rick!
Now you are very polemic:

quote
forebear from referring to software under that licence as "open source",
or it will have a serious public-relations problem.
 
For it is _very_ obvious that, in fact, you do not intend to produce
open-source software, and never did.  Good luck to you.
/quote

The term O-P-E-N S-O-U-R-C-E was long n use before the OSI made a
public, and now widly accepted definition of it.

And the former common sence of US, yes there are MANY O-P-E-N
S-O-U-R-C-E developers who still have a common sence on what this is and
this does not meet the definition of the term the OSI brought up simply
because not everyone who believes he does open source is reading and
understanding the definition of the OSI.

You are right that http://www.intradat.com does not deliver "open
source" in the sence as the OSI defines it but they deliever open-source
as this is not a defined term.
And you are mybe right that they do not want to make "open source"
however they have a different understanding and they like truely to make
open-source.

Manfred: if you distribute a piece of software to a customer A and you
deliever it to a different customer B and both get it under different
conditions for furhter use, even if both can choose the way they get it
and how to use/redistribute it, then it is not open source according to
OSI.

Lets amke it simple: commercial users should pay, regardless how they
use your software right?
Non commercial users should get it for free if they likre.
Both get the source code if they like.

This is not open source(OSI). Period. Thats what all those writing here
try to explain you. You "discriminate" (not in the german sense, in the
latin sense) between both customers, EXACTLY this is not allowed under
OSI/open source.


However I agree with you that your way is the only RIGHT way in making
software successfull especialy if you consider the shift from a
producing industrie to a knowledge/information industrie.

You need to invent a new term for your kind of source-included software
distribution.

Well, my company also works on a similar license. Contributors get a
fair share of the revenues. EVERYBODY get the source code, non
commercial organisations may get the software free of charge, commercial
organisations have to pay. Everybody is encouraged to redistribute:
however if the final user is a commercial one we like to get license
fees and if he is not a commercial one we waive the fees.
If anybody redistributes for a fee we like to get a fair share of those
fees.

Manfred: again, no one here likes to piss you, but the point is somebody
defined boiling water is the water which is at 100 degree centigrade on
sea level.
Your water is only 80 degree centigrade, so you miss that definition.
So either you heat it up or you leave it at 80 degrees but then you can
not call it open source.

Regards,
   Angelo

Rick Moen wrote:
 
  --
  Von:  Rick Moen[SMTP:[EMAIL PROTECTED]]
  Gesendet: Dienstag, 23. Januar 2001 08:51:04
  An:   [EMAIL PROTECTED]
  Betreff:  Re: The Toll Roads of Open Source
  Diese Nachricht wurde automatisch von einer Regel weitergeleitet.
 
 begin Manfred Schmid quotation:
 
  We see that emotions have gone high.
 
 I see that you _continue_ declining to address the subject at hand.
 Which is evaluating whether specific licences are OSD-compliant or not.
 Instead, you digress onto business models, alleged deficiencies in the
 OSD, and a whole circus of diversions.
 
  We take the freedom to make a final statement concerning our requests.
 
 [90-line manifesto snipped]
 
 Farewell!  I sincerely hope that your employer has the good sense to
 forebear from referring to software under that licence as "open source",
 or it will have a serious public-relations problem.
 
 For it is _very_ obvious that, in fact, you do not intend to produce
 open-source software, and never did.  Good luck to you.
 
 --
 Cheers,  "It ain't so much the things we don't know that get us
 Rick Moenin trouble.  It's the things we know that ain't so."
 [EMAIL PROTECTED] -- Artemus Ward (1834-67), U.S. journalist

-- 

Please support a software patent free EU, visit 
 http://petition.eurolinux.org/index_html

--
Angelo Schneider OOAD/UML [EMAIL PROTECTED]
Putlitzstr. 24   Patterns/FrameWorks  Fon: +49 721 9812465
76137 Karlsruhe   C++/JAVAFax: +49 721 9812467



Re: The Toll Roads of Open Source

2001-01-23 Thread Rick Moen

begin Angelo Schneider quotation:

 The term O-P-E-N S-O-U-R-C-E was long n use before the OSI made a
 public, and now widly accepted definition of it.

In the spy-community sense ("open sources"), yes, but not in the
software sense.  (You _may_ be able to dredge up a handfull of isolated 
citations that you can claim predate OSI, but please spare us, as that 
would be beside the point.)

And you will find that a large body of people insist on using the OSD 
as the yardstick for that term, as being both a reasonable abstraction
of its principles and the only functional measure we have.

I'm sorry, but I have no time for ideological debate.  We've seen quite
enough of that, recently.  I just wished to warn Interdat that it faces
the same options it had -- and declined to acknowledge -- when it
started this discussion.  Either pursue OSD compliance seriously and
quit hurling all that ridiculous and interminable rhetoric, or eschew
the "open source" label for its software.  

That is sincere advice, aimed at helping the firm's representatives
understand their available options and avoid a serious mistake they 
might yet make.

-- 
Cheers,  "Reality is not optional."
Rick Moen -- Thomas Sowell
[EMAIL PROTECTED]



Re: The Toll Roads of Open Source

2001-01-23 Thread Dan Hensgen

rick:

i understand and respect your perspective, but why do your posts always
sound like mafia threats?

-dan



Re: IPL as a burden

2001-01-23 Thread Angelo Schneider



Manfred Schmid wrote:
 
Hi all!

[...]
 
 "When we speak of free software, we are referring to freedom, not price.
 Our General Public Licenses are designed to make sure that you have the
 freedom to distribute copies of free software (and charge for this
 service if you wish), that you receive source code or can get it if you
 want it, that you can change the software or use pieces of it in new
 free programs; and that you know you can do these things."
 
 GNU reads
 
 "`Free software'' is a matter of liberty, not price. To understand the
 concept, you should think of ``free speech'', not ``free beer.''
 
 ``Free software'' refers to the users' freedom to run, copy, distribute,
 study, change and improve the software."
 
 To me, a lot of the discussion gets down to the "free beer" question.
 May I ask the Board for an official statement: Is the charging of
 license fees (or execution fees) definitely a no-go to qualify it as
 OSI-compliant Open Source?
 
 Up to now, I did not find any such statement on opensource.org
 
 Manfred

Nope, taking fees is no problem either for open source nor for GPL.
The problem is: you can not take fees from customer A and waive thme
from customer B.
You can not say: customer A may redistribute/modify sources and pay a
fee to you and customer B may NOT modify it.

OSI simply says: ALL CUSTOMERS ARE EQUAL.

If your license does not meet that criteria it is not OSI/open source.

Angelo

--
Angelo Schneider OOAD/UML [EMAIL PROTECTED]
Putlitzstr. 24   Patterns/FrameWorks  Fon: +49 721 9812465
76137 Karlsruhe   C++/JAVAFax: +49 721 9812467



RE: The Toll Roads of Open Source

2001-01-23 Thread Lou Grinzo

Enough already, people.

We're about one or two posts away from this devolving in something really
ugly.

Look, I take this licensing stuff as seriously as anyone here, but even I
know that we're all staring it so intently and trying so hard to convince
each other that we're losing our perspective.  It's time for everyone
involved to take a deep breath, step back from the keyboard, and think about
something non-work related for a few minutes.



Take care,
Lou Grinzo
Editor, LinuxProgramming.com


-Original Message-
From: dan [mailto:dan]On Behalf Of Dan Hensgen
Sent: Tuesday, January 23, 2001 11:09 AM
To: [EMAIL PROTECTED]
Subject: Re: The Toll Roads of Open Source

rick:

i understand and respect your perspective, but why do your posts always
sound like mafia threats?

-dan




Re: IPL as a burden

2001-01-23 Thread Brian DeSpain



John Cowan wrote:

 Angelo Schneider wrote:

  Nope, taking fees is no problem either for open source nor for GPL.
  The problem is: you can not take fees from customer A and waive thme
  from customer B.

 Sure you can.  The FSF charges for the GNU CDs it distributes
 (historically a major income source for them), but also gives away
 the exact same software for download via FTP.  You cannot appeal
 to the DFSG/OSD anti-discrimination rule and expect them
 to give you a free or even at-cost CD on the strength of it.

The problem is that you are discriminating based on class of customer. It
is not simply a matter for charging for CDs. The IPL discriminates between
various classes of customers, making some pay a license fee and other don't
have to pay a license fee. The FTP download is freely available to everyone
- not just a specific class of customers.



 Likewise, GPLed software *may* contain technical means that
 compel users to pay a fee when they use the program.  However,
 the libre nature of GPLed software means that anyone can create
 a version of the program which does not contain that code.

  You can not say: customer A may redistribute/modify sources and pay a
  fee to you and customer B may NOT modify it.

 Correct.

  OSI simply says: ALL CUSTOMERS ARE EQUAL.

 In respect of their rights to modify, redistribute, etc.
 Not necessarily in all other respects.

 --
 There is / one art || John Cowan [EMAIL PROTECTED]
 no more / no less  || http://www.reutershealth.com
 to do / all things || http://www.ccil.org/~cowan
 with art- / lessness   \\ -- Piet Hein

Brian DeSpain
VA Linux Systems





Re: The Toll Roads of Open Source

2001-01-23 Thread Ian Lance Taylor

Angelo Schneider [EMAIL PROTECTED] writes:

 The term O-P-E-N S-O-U-R-C-E was long n use before the OSI made a
 public, and now widly accepted definition of it.

No, it wasn't.

That was the whole point behind choosing the term ``open source.''  It
didn't carry any existing freight.  See, e.g.,
http://www.perens.com/OSD.html.

Ian



Re: The Toll Roads of Open Source

2001-01-23 Thread Rick Moen

begin Dan Hensgen quotation:

 i understand and respect your perspective, but why do your posts always
 sound like mafia threats?

Here at linuxmafia.com, we make people offers they can afford -- and
throw in the source code for free.

As we say in California, thanks for sharing.

But seriously, your company talking about "threats" is just yet another
tiresome digression.  Either finally deal with the OSD, or pester some
other list, please.  By and large, we're busy people.

-- 
Cheers,  "Reality is not optional."
Rick Moen -- Thomas Sowell
[EMAIL PROTECTED]



Re: To the keepers of the holy grail of Open Source

2001-01-23 Thread Bryan George

David Johnson wrote:
 
 On Monday 22 January 2001 09:35 am, Bryan George wrote:
 
   Okay, I'm writing it down: "Audience = inflexible Unix bigots =
  document = brain dead ASCII text".  Got it, thanks!
 
 Sigh...
 
 I don't have MS Office, and I am not about to pay for it. This has nothing to
 do with bigotry, but everything to do with my money, my harddrive space,
 etc... And when it comes to a choice between rebooting the system to run your
 document's native OS, or shelling out yet more money to get VMWare, I'll just
 abstain.

I'm just busting your chops a little, really... :)  You don't have to
convince me of the need for a low-cost, accessible, open way to pass
docs around - I just got a little tweaked with the "Real men use ASCII"
crud. %b

 There are alternatives so use them. If the presentation you are sending is
 comprised solely of verbal content, then ASCII is sufficient. If you need
 some small amount of text formatting, try HTML. And if you need to control
 the document's appearance exactly, try PDF.

I was going to suggest that - presumably anyone with pockets for Office
can pick up a copy of Acrobat as well, and the reader's free and
multi-platform.

Cheers,

Bryan

 --
 David Johnson
 ___
 http://www.usermode.org

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title:Lead Signal Processing Engineer
fn:Dr. Bryan George
end:vcard

 S/MIME Cryptographic Signature


Re: To the keepers of the holy grail of Open Source

2001-01-23 Thread Ben Tilly

Bryan George [EMAIL PROTECTED] wrote:

David Johnson wrote:
 
  On Monday 22 January 2001 09:35 am, Bryan George wrote:
 
Okay, I'm writing it down: "Audience = inflexible Unix bigots =
   document = brain dead ASCII text".  Got it, thanks!
 
  Sigh...
 
  I don't have MS Office, and I am not about to pay for it. This has 
nothing to
  do with bigotry, but everything to do with my money, my harddrive space,
  etc... And when it comes to a choice between rebooting the system to run 
your
  document's native OS, or shelling out yet more money to get VMWare, I'll 
just
  abstain.

I'm just busting your chops a little, really... :)  You don't have to
convince me of the need for a low-cost, accessible, open way to pass
docs around - I just got a little tweaked with the "Real men use ASCII"
crud. %b

I didn't say that real men use ASCII.  Merely that with
some audiences you have to if you want to be heard.

  There are alternatives so use them. If the presentation you are sending 
is
  comprised solely of verbal content, then ASCII is sufficient. If you 
need
  some small amount of text formatting, try HTML. And if you need to 
control
  the document's appearance exactly, try PDF.

I was going to suggest that - presumably anyone with pockets for Office
can pick up a copy of Acrobat as well, and the reader's free and
multi-platform.

Why not pick up TeX?  The output looks about as good as
you will get, it can be presented as PDF, the source is
human-readable and small, and bit-rot is zero.

Oh, and both software for reading and creating is free.

OK, so it is not open source.  And before anyone points
me at standard GPLed packages for TeX, allow me to point
out that Knuth's software is under a license that does
not permit modifications.  IANAL, but AFAICS if you
incorporate work which you are not allowed to modify
into GPLed software, then you have no right to permit
modifications as required by section 2 of the GPL, and
under section 7 you are then not allowed to distribute
the GPLed work as a whole.

Not that Knuth is likely to complain unless someone
tries to modify it in some way.  (Like Slackware made the
mistake of doing a while ago...)

Cheers,
Ben
_
Get your FREE download of MSN Explorer at http://explorer.msn.com




Re: IPL as a burden

2001-01-23 Thread kmself

on Tue, Jan 23, 2001 at 01:36:11PM -0500, Lou Grinzo ([EMAIL PROTECTED]) wrote:
 What about dual-licensing?  Can a company say, "this tool is free and
 distributed under the GPL, but only for creating free software; if you want
 to sell your software you have to pay for a license and get it under our
 normal close-source license"?  Or would that violate the GPL and/or OSI
 guidelines?

Cf:  Troll Tech's Qt libraries?

OSI Certified Open Source applies to _licenses_, not _software_.  This
is slightly different from the FSF's definition of free software, which
applies to software.  The mapping of both definitions onto software is
very similar, though not identical.  What is commonly called "public
domain" (Larry tells me there's no such beast until copyright expiry)
is, for example, FSF free software, but not OSI Open Source.

The free software license, if it met the OSD, and was available without
prejudice to all comers, should satisfy the OSI's requirements.
Alternative licensing terms, applying, again, without prejudice to all
comers for other than free software use shouldn't IMO effect this.

 I'm not asking this in an attempt to be a devil's advocate.  I thought
 this was OK, but this thread now has me wondering if my assumption was
 wrong or if there's some reason why using different licenses with
 different customers isn't a viable solution for the company in
 question.

Frankly, my recommendation to them would be either to create a gated
community along the lines of Sun's Java efforts and some of the Collab
projects, forgoing the lable of OSI Certified Open Source, or work out a
dual licensing scheme as we're discussing here.  Intentions appear to be
for source distribution but not fully free terms.  Their problem appears
to be a desire for rivalrous simultaneous confectionary consumptive
activities.  Cake, have, eat, not.

-- 
Karsten M. Self [EMAIL PROTECTED]http://kmself.home.netcom.com/
 What part of "Gestalt" don't you understand?   There is no K5 cabal
  http://gestalt-system.sourceforge.net/ http://www.kuro5hin.org

 PGP signature


Re: To the keepers of the holy grail of Open Source

2001-01-23 Thread Bryan George

Ben Tilly wrote:
 
 ...

 Why not pick up TeX?  The output looks about as good as
 you will get, it can be presented as PDF, the source is
 human-readable and small, and bit-rot is zero.
 
 Oh, and both software for reading and creating is free.

Ah, TeX - that takes me back - wy back... :)

DocBook would be my suggestion if you really want to go fancy and free. 
It's XML-based, the DTD and "db2*" tools are Open Source, and it fans
out to PostScript, DVI, HTML, PDF, and RTF.  Texinfo does a lot of the
same, but doesn't have the XML cachet DocBook has.

 Cheers,
 Ben

Over and out,

Bryan

begin:vcard 
n:George;Bryan
tel;fax:703-883-6708
tel;work:703-883-5458
x-mozilla-html:FALSE
url:http://www.mitre.org
org:The MITRE Corporation;Signal Processing Center
adr:;;1820 Dolley Madison Blvd., M/S W622;McLean;VA;22102-3481;USA
version:2.1
email;internet:[EMAIL PROTECTED]
title:Lead Signal Processing Engineer
fn:Dr. Bryan George
end:vcard

 S/MIME Cryptographic Signature


Document formats (was: To the keepers of the holy grail of Open Source)

2001-01-23 Thread Rick Moen

begin Bryan George quotation:

 I'm just busting your chops a little, really... :)  You don't have to
 convince me of the need for a low-cost, accessible, open way to pass
 docs around - I just got a little tweaked with the "Real men use ASCII"
 crud. %b

There _was_ a time (up to circa 1988) when Microsoft used document
formats that could reasonably be used as a gemerally-readable format
after only a modest amount of reverse-engineering by other parties.  Of
late, unfortunately, especially with the default "fast save" option,
their formats often cannot be deterministically read by anything but the
latest Win32 versions of Microsoft's products.  (And I hear horror
stories even there.)

In any event, I've been tempted to start an information-clearinghouse
site listing the leading formats for various types of data files, the
major drawbacks of each (including vendor lock-in), the state
(functionality, stability, encumbrances if any, coverage among
proprietary packages) of the leading "open" document format, and details
of possible migration stategies.  The aim would be to let people know 
what their options are, if they attempt to move data out of the
proprietary formats where they're held hostage.

I fear that the task is a bit ambitious, and am trying to figure out how
to start with something small yet useful, and aim to build up.

Also, some vital compatibility information will probably be available
only from testing proprietary applications and OSes, which I don't have.
So, this would have to involve participation from users of that
software.

Additionally, I'm a little unclear on what is going to make a format
recommendable in the real world.  It seems debatable.  E.g., TeX  / DVI 
is an ideal, stable, robust format for publishing (modulo some reported
weakness in handling graphics), but reportedly has poor desktop-OS
software support.   

These issues may become clearer if/when I try to prototype a site.

-- 
Cheers,  "Reality is not optional."
Rick Moen -- Thomas Sowell
[EMAIL PROTECTED]



Re: IPL as a burden

2001-01-23 Thread kmself

on Tue, Jan 23, 2001 at 11:15:52AM -0800, Lawrence E. Rosen ([EMAIL PROTECTED]) 
wrote:
  OSI Certified Open Source applies to _licenses_, not _software_.
 
 Actually, no, the certification mark is applied to *software* that is
 distributed under approved *licenses*.  Certification marks cannot be
 applied to licenses, because licenses aren't "goods" distributed in
 commerce.

OK.  Clarifying question:  the certified entity is the license and its
terms.  So distribution under a doctrine of "public domain"
(abandonment, etc.), leaves you without a basis for affixing this lable,
no?  And, yes, I realize that PD is used here advisably.

-- 
Karsten M. Self [EMAIL PROTECTED]http://kmself.home.netcom.com/
 What part of "Gestalt" don't you understand?   There is no K5 cabal
  http://gestalt-system.sourceforge.net/ http://www.kuro5hin.org

 PGP signature


Re: Document formats (was: To the keepers of the holy grail of Open Source)

2001-01-23 Thread Ian Lance Taylor

Rick Moen [EMAIL PROTECTED] writes:

 In any event, I've been tempted to start an information-clearinghouse
 site listing the leading formats for various types of data files

See http://www.wotsit.org/

It's probably not everything you want, but it's a start at what you
seem to describing.

Ian



RE: To the keepers of the holy grail of Open Source

2001-01-23 Thread Dave J Woolley

 From: Bryan George [SMTP:[EMAIL PROTECTED]]
 
 I was going to suggest that - presumably anyone with pockets for Office
 can pick up a copy of Acrobat as well, and the reader's free and
 multi-platform.
 
[DJW:]  There are royalty free and "open source" tools for
creating and viewing PDF, from third parties (e.g. recent 
ghostscript, and ghostscript old enough to be GPLed).

-- 
--- DISCLAIMER -
Any views expressed in this message are those of the individual sender,
except where the sender specifically states them to be the views of BTS.





Document formats (was: To the keepers of the holy grail of Open Source)

2001-01-23 Thread Rick Moen

begin Ben Tilly quotation:

[TeX:]

 OK, so it is not open source.  And before anyone points me at standard
 GPLed packages for TeX, allow me to point out that Knuth's software is
 under a license that does not permit modifications.  IANAL, but AFAICS
 if you incorporate work which you are not allowed to modify into GPLed
 software, then you have no right to permit modifications as required
 by section 2 of the GPL, and under section 7 you are then not allowed
 to distribute the GPLed work as a whole.

LaTex is "based on" Knuth's work in the sense that it implements the TeX
design, but my understanding is that it is not a derivative work in a
copyright sense, but rather was written separately by Leslie Lamport,
and is now maintained by the LaTeX3 Project
(http://www.latex-project.org/latex3.html).

I could be mistaken, but am basing my comments on a quick search
of the online FAQs and other documentation.  (I haven't examined the 
copyright notices on LaTeX's source packages.)

-- 
Cheers,  "Reality is not optional."
Rick Moen -- Thomas Sowell
[EMAIL PROTECTED]



RE: IPL as a burden

2001-01-23 Thread Ben Tilly

"Lawrence E. Rosen" [EMAIL PROTECTED] wrote:

  OSI Certified Open Source applies to _licenses_, not _software_.

Actually, no, the certification mark is applied to *software* that is
distributed under approved *licenses*.  Certification marks cannot be
applied to licenses, because licenses aren't "goods" distributed in
commerce.

Then I think your position on Berkeley DB, shipped by
Sleepycat Software, would do wonders in clearing this
up.  To my eyes they are open source and they claim
to be open source.  The product is widely used and
their license seems straightforward and simple.

It boils down to saying that you are free to use this
software, with or without modificaiton, in any software
for which source is available.  You may not remove
their copyright notice.  Said notice includes contact
information in case you want to negotiate a different
license or purchase support for Berkeley DB.

The license is at http://www.sleepycat.com/license.net.

Cheers,
Ben
_
Get your FREE download of MSN Explorer at http://explorer.msn.com




Common Public License (IBM)

2001-01-23 Thread gnu


Hi everyone,

I'm a software developer at IBM, working on a project that we expect to
release as Open Source/Free Software.  I voted for the GPL, but the higher
ups here at IBM have decided it should be released under a new
license called the "Common Public License".  This license is basically the
IBM Public License with almost all references to IBM removed (IBM is still
the 'steward' of the license).  See below for the actual license.

So, I am trying to get this license OSI and FSF approved.  I figured this
would be a good forum to get comments before I send it to the OSI and FSF.

I'm assuming that since the IBM Public License is already OSI and FSF
approved (well, really only FSF evaluated) that there shouldn't be any
issues with this license.

The license is not yet available on any official IBM website, so I've
included it at the end of this email (if it's running off the right
side of your screen, sorry about the formatting...).  For those who would
rather view an html version, I didn't want to include it in this email so
I've (temporarily!) put it on my home computer which is at:

http://www.root.cx/

or I can email an html version to anyone who wants it (or if my home
computer is down).  As a reference for comparison, you can view the IBM
Public License at:

http://oss.software.ibm.com/developerworks/opensource/license10.html

Thanks!

--
Dan Streetman
[EMAIL PROTECTED]
[EMAIL PROTECTED]



Common Public License - v 1.0

THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS OPEN PUBLIC LICENSE 
("AGREEMENT").
ANY USE, REPRODUCTION OR DISTRIBUTION OF THE PROGRAM CONSTITUTES RECIPIENT'S 
ACCEPTANCE OF THIS AGREEMENT.

1.  DEFINITIONS
"Contribution" means:
a) in the case of the initial Contributor, the initial code and documentation 
distributed under this Agreement, and
b) in the case of each subsequent Contributor:
i)  changes to the Program, and
ii) additions to the Program;
where such changes and/or additions to the Program originate from and are distributed 
by that particular Contributor.  A Contribution 'originates' from a Contributor if it 
was added to the Program by such Contributor itself or anyone acting on such 
Contributor's behalf.  Contributions do not include additions to the Program which:  
(i) are separate modules of software distributed in conjunction with the Program under 
their own license agreement, and (ii) are not derivative works of the Program.  

"Contributor" means any person or entity that distributes the Program.

"Licensed Patents " mean patent claims licensable by a Contributor which are 
necessarily infringed by the use or sale of its Contribution alone or when combined 
with the Program.  

"Program" means the Contributions distributed in accordance with this Agreement.

"Recipient" means anyone who receives the Program under this Agreement, including all 
Contributors.

2.  GRANT OF RIGHTS
a)  Subject to the terms of this Agreement, each Contributor hereby grants 
Recipient a non-exclusive, worldwide, royalty-free copyright license to reproduce, 
prepare derivative works of, publicly display, publicly perform, distribute and 
sublicense the Contribution of such Contributor, if any, and such derivative works, in 
source code and object code form.

b)  Subject to the terms of this Agreement, each Contributor hereby grants 
Recipient a non-exclusive, worldwide, royalty-free patent license under Licensed 
Patents to make, use, sell, offer to sell, import and otherwise transfer the 
Contribution of such Contributor, if any, in source code and object code form.  This 
patent license shall apply to the combination of the Contribution and the Program if, 
at the time the Contribution is added by the Contributor, such addition of the 
Contribution causes such combination to be covered by the Licensed Patents.  The 
patent license shall not apply to any other combinations which include the 
Contribution.  No hardware per se is licensed hereunder.   

c)  Recipient understands that although each Contributor grants the licenses to 
its Contributions set forth herein, no assurances are provided by any Contributor that 
the Program does not infringe the patent or other intellectual property rights of any 
other entity.  Each Contributor disclaims any liability to Recipient for claims 
brought by any other entity based on infringement of intellectual property rights or 
otherwise.  As a condition to exercising the rights and licenses granted hereunder, 
each Recipient hereby assumes sole responsibility to secure any other intellectual 
property rights needed, if any.  For example, if a third party patent license is 
required to allow Recipient to distribute the Program, it is Recipient's 
responsibility to acquire that license before distributing the Program.

d)  Each Contributor represents that to its knowledge it has sufficient copyright 
rights in its Contribution, if any, to grant the copyright license set forth in 

Berkeley DB: (was RE: IPL as a burden)

2001-01-23 Thread Forrest J. Cavalier III

"Ben Tilly" [EMAIL PROTECTED]

 It boils down to saying that you are free to use this
 software, with or without modificaiton, in any software
 for which source is available.  You may not remove
 their copyright notice.  Said notice includes contact
 information in case you want to negotiate a different
 license or purchase support for Berkeley DB.
 

 The license is at http://www.sleepycat.com/license.net.

The license says 

 *Redistributions in any form must be accompanied by information on
 *how to obtain complete source code for the DB software and any 
 *accompanying software that uses the DB software

You can derive "closed source" software from the Berkely DB software.
If you choose to distribute, you must publish the source.

(This is similar to the GPL.)

Forrest J. Cavalier III, Mib Software  Voice 570-992-8824 

http://www.rocketaware.com/ has over 30,000 links to  
source, libraries, functions, applications, and documentation.   



RE: IPL as a burden

2001-01-23 Thread Lawrence E. Rosen

OSI Certified Open Source Software is software that is distributed under an
approved open source license.  So software that is "public domain" (to use
your term) is not certifiable.  This is not intended as a value judgment,
merely as a description of what our certification mark is used for.  /Larry
Rosen

 -Original Message-
 From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED]]
 Sent: Tuesday, January 23, 2001 11:36 AM
 To: [EMAIL PROTECTED]
 Subject: Re: IPL as a burden


 on Tue, Jan 23, 2001 at 11:15:52AM -0800, Lawrence E. Rosen
 ([EMAIL PROTECTED]) wrote:
   OSI Certified Open Source applies to _licenses_, not _software_.
 
  Actually, no, the certification mark is applied to *software* that is
  distributed under approved *licenses*.  Certification marks cannot be
  applied to licenses, because licenses aren't "goods" distributed in
  commerce.

 OK.  Clarifying question:  the certified entity is the license and its
 terms.  So distribution under a doctrine of "public domain"
 (abandonment, etc.), leaves you without a basis for affixing this lable,
 no?  And, yes, I realize that PD is used here advisably.

 --
 Karsten M. Self [EMAIL PROTECTED]http://kmself.home.netcom.com/
  What part of "Gestalt" don't you understand?   There is no K5 cabal
   http://gestalt-system.sourceforge.net/ http://www.kuro5hin.org





Re: Document formats (was: To the keepers of the holy grail of Open Source)

2001-01-23 Thread Rick Moen

begin Ben Tilly quotation:

 See http://www.latex-project.org/guides/ltx3info/node2.html
 for confirmation.  See also
 http://www.latex-project.org/guides/ltx3info/node4.html for
 evidence that there is at present no plan to remove the
 dependency upon TeX.

Thanks for the clarification.  LaTeX is made to work atop "any standard
TeX system (or whatever replaces it)".

-- 
Cheers,  "Reality is not optional."
Rick Moen -- Thomas Sowell
[EMAIL PROTECTED]



Re: trademarked logos and GPL

2001-01-23 Thread Matthew C. Weigel

On Tue, 23 Jan 2001, Rodent of Unusual Size wrote:

  I want to discourage license-discuss participants from answering
  questions like this one.
   :
  But non-lawyers have to avoid giving legal advice
 
 Sorry, but this really rubs me the wrong way.  In a word, BS.

I agree.  If "non-lawyers have to avoid giving legal advice" is the
rule here, I guess we can all pack up and go home.  We're talking about
software licenses, and whether or not they fit the OSD.  Given that
we must consider whether or not the license, as is legally enforcable,
conforms to the guidelines of the OSD, we must discuss legal issues. 
We may even say things that sound like legal advice, like "the text of
that license leaves holes people could use to set up their own
closed-source derivative product."

Liability is not an issue; this is a list largely composed of software
developers, not lawyers, and people shouldn't confuse the two.  On a
list of this nature, I refuse to accept it as a burden on *my*
shoulders to avoid statements that people might use as legal advice.
-- 
 Matthew Weigel
 Research Systems Programmer
 [EMAIL PROTECTED]