Re: Help with license decision for cluster of similar projects

2004-03-05 Thread Bjorn Reese
On Fri, 2004-03-05 at 18:07, Russell McOrmond wrote:
   This is quickly off-topic for this list again.  I wonder if there needs
 to be an @opensource.org discussion group for discussing the business 
 model and legal analysis of license agreements beyond the question of 
 approving them as OSI compliant?

There are Free Software Business list [EMAIL PROTECTED] and the Free
Software License discussion list
http://lists.alt.org/mailman/listinfo/fsl-discuss.

However, both of these seems to have lost momentum.

   The main feature of a BSD-like (non-copyleft) license is that it allows
 non-free derivatives.  Non-free software minimizes the freedom to develop
 derivative code of that non-free software.  So +1-1=0, meaning that
 BSD-like licenses do not maximize the freedom to develop code as it
 appears in the short term, but in fact minimizes long-term freedom to
 develop the code.

In all the discussions about software freedom that I have
witnessed over the years, the main disagreement has had its origin
in the confusion due to different perceptions of the word freedom.

Proponents of copyleft generally speak of freedom for the
community; e.g. proprietary derivations are considered non-free
because they are not immediately available to the entire community.

Proponents of non-copyleft generally speak of freedom for the
individual; e.g. the individual developer has the freedom to
decide whether or not he wants to share the derivations (or more
correctly, his effort that went into those.)

The above is, of course, a generalization and not universally valid.


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Re: The regrettable use of all in Section 7 of the GPL

2004-02-19 Thread Bjorn Reese
On Thu, 2004-02-19 at 14:23, John Cowan wrote:

 Therefore, the distribution of all GPLed software is, at least in
 the U.S., forbidden by the terms of the GPL, and should come to a
 screeching halt.  I have spoken.

The probationer is not prevented from distributing the software
because of patent restrictions.


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Re: Which License should I pick?

2003-12-09 Thread Bjorn Reese
On Mon, 2003-12-08 at 22:34, Hans Ekbrand wrote:

 No it is the other way around: if the program is released under a less
 restricted license, e.g. xfree86-ish, then you could always, without
 the consent of contributors, change to (L)GPL for newer versions. The

Maybe I am missing something, but why do you think that you can
change the XFree86 license without the consent of contributors?

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Re: That Notorious Suit (Slightly OT)

2003-10-30 Thread Bjorn Reese
On Wed, 2003-10-29 at 21:29, Daniel Carrera wrote:

 I hadn't thought of that.  That might be part of the reason why the 
 GPL-based projects are so much larger than the BSD-based projects.

As much as we, in this forum, would like to believe that licensing
is a prime motivator, empirical data shows that it is not:

http://www.osdn.com/bcg/
http://www.infonomics.nl/FLOSS/report/


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Re: Understanding the LGPL.

2003-10-03 Thread Bjorn Reese
On Thu, 2003-10-02 at 17:44, Daniel Carrera wrote:

 In practical terms, how is the LGPL license different from the BSD?

The article Working Without Copyleft deals explictly with this topic

  http://www.oreillynet.com/pub/a/policy/2001/12/12/transition.html


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Re: Understanding the LGPL.

2003-10-03 Thread Bjorn Reese
On Fri, 2003-10-03 at 14:23, John Cowan wrote:

 As I kinda guessed before I read this article, it's basically about
 freedom for software developers.  The GPL is basically about freedom
 for people who aren't software developers.  That's why *I* use it.

It was not my intention to start a discussion about licensing
preferences by referencing the article, but rather to point out
differences between LGPL and BSD, which the original poster asked
about.

 Speak your experience as your truth.

I am not sure that I understand the above statement.


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Re: For Approval: Open Source Software Alliance License

2003-09-29 Thread Bjorn Reese
On Sun, 2003-09-28 at 19:09, John Cowan wrote:
 David Presotto scripsit:
 
  As an aside, it might have been less inflamatory if the license has said ``if
  source of the program and any derivatives is distributed under an inheritive
  license (e.g. GPL), it must ALSO be distributed under this license.''
  Then Sean would always have access to changed code for his proprietary works
  if anyone has access to them.  Someone must have suggested this already but
  I don't see it in the archive.
 
 No, no one has, and I think this is quite a clever idea.  It's appropriate
 to apply it to derivative works only, not to to distributions of
 unchanged code.

I once asked Stallman about this and he claimed that such a license
would be incompatible with the GPL.


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Re: Model Code for the OSD

2003-01-19 Thread Bjorn Reese
David Johnson wrote:

 My opinion is that deliberately obfuscated source code should be decoupled
 from documentation. The quality and state of documentation is very
 subjective, and should not be a part of the OSD.

I have to agree with David. The documentation quality of the source
code is orthogonal to the availability of source code, and thus has
nothing to do with the OSD.

Trying to establish what documentation quality is, is difficult
in the first place.

Firstly, people differ in intelligence and experience, so what is
obfuscated to one person, may be obvious to another.

Secondly, should the quality be judge on the choice of human
language? For example, if a russian developer releases source
code with comments in Russian, can I claim that he is
deliberately obfuscating the source code? Can the russian
developer claim that all source code with English comments
are obfuscated to him?

Thirdly, the source code may implement algorithms or domain
knowledge that is inherently difficult to understand, and which
would require a book-sized explanation. Would it be considered
compliant with the OSD to refer to a (commercially available)
book? If not, how does the developer avoid infringing the
copyright of the book author while adhering to the suggested
OSD documentation requirements?

I am sure that there are other concerns as well; the above was
simply off the top of my head. I understand the good intentions
behind the proposal, but I definitely see it as a slippery slope.
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Re: Approval Requested for AFL 1.2 and OSL 1.1

2002-11-07 Thread Bjorn Reese
Henry Pijffers wrote:

 However, suppose big US company didn't register to do business
 anywhere in Europe, and just licensed some open source software to
 me through the Internet, and later decides to change their mind, then
 how can I defend my rights on anything I did with their software
 (assuming I didn't do anything illegal)?

I am not aware of any Open Source or Free Software license that
handles this situation.
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Re: Bounty Castle license and GNU GPL compatibility ?

2002-08-26 Thread Bjorn Reese

Alexandre,

The license used by Bounty Castle is the MIT license, which is already
known to be GPL compatible.

Having said that, the appropriate organization to ask about GPL
compatibility is Free Software Foundation, so you may want to verify
with them.

[1] http://www.opensource.org/licenses/mit-license.php

PS: This is not legal advice.
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Re: license name arrogance Re: Academic Free License

2002-08-22 Thread Bjorn Reese

Andy Tai wrote:

 Now, Mr. Rosen prefers to name his licenses in a
 grandiose fashion.  Academic Free License and Open
 Software License.  These give the impression that
 such licenses are official or superior in some way, as
 endorsed officially by the OSI. These licenses are
 better named (for example) Rosenlaw Academic Free
 License and Rosenlaw Open Software License.  The

The other licenses were created for specific projects. The AFL and
OSL are not, so I think that it is perfectly fine to give them
generic names (and yes, they are superior in some way.)

 OSI should encourage specific license names unless a
 license is a product of wide community consent. Just a
 suggestion.

How can a license gain such consent prior to having a name, and
if it already had a well-known name would it be wise to change it?

The only concern I have about the names is that Free and Open seems
to be switched. The OSL is based on reciprocity, which is usually
associated with Free Software, and the AFL is not, which is usually
associated with Open Source (especially when seen in the light of
RMS's rejection of Open Source.)
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Re: Open Source Click-Wrap Notice

2002-08-10 Thread Bjorn Reese

Forrest J. Cavalier III wrote:

 You can't run most source code.  You must compile it, which is
 preparing a derivative work.

Not quite...

[T]he U.S. Copyright Office has traditionally taken the view that object
 code is not a derivative work of source code. Instead, the Copyright
 Officers consider the source code of a piece of software and the
 corresponding object code as the same literary work. [1]

For the full explanation read paragraph 32 through 34 in [1].

[1] Mathias Strasser
A New Paradigm in Intellectual Property Law?
 The Case Against Open Sources
http://stlr.stanford.edu/STLR/Article/01_STLR_4
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Re: copyleft lite?

2002-07-13 Thread Bjorn Reese

Bruce Dodson wrote:

   disclaimers appear in supporting documentation.  When you
   distribute this software outside your organization, the source
   code (including any modifications) must be made available to the
   recipients under these license terms.

You have not defined the copyleft scope. That is, how much of the source
code has to be made available? Only the source code put under this license
(like MozPL), the source code that somehow belongs together (like LGPL),
or everything that goes into the executable (like GPL).
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Re: UnitedLinux and open source

2002-06-29 Thread Bjorn Reese

Andy Tai wrote:
 
 Free software means a well defined set of software.

Yes, to most English-speaking people it means software that
is free of cost (i.e. gratis).

 Whatever you define is not relevant, if it is not
 compatible with the well accepted meanings of the
 community.

Following your own line of argumentation, whatever the
community defines is not relevant, it it is not compatible
with the well accepted meanings of the English-speaking
population.
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Re: Right to distribute modifications?

2002-02-03 Thread Bjorn Reese

John Cowan wrote:

 AFAIK the free software community has always understood the right
 to distribute modifications to be implied by this license, but
 of course (as usual) no court has spoken, and so nobody can say
 for sure.  RMS is being cautious, that's all.

Then what differentiates the right to distribute the software with
modifications from, say, the right to use the software with
modifications (which relates to the FSF's freedom 0), to warrant
explicit caution?
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Re: Is inherited class a derivative work?

2001-10-17 Thread Bjorn Reese

[ Apologies if multiple copies were sent -- mail server problems ]

Michael Beck wrote:

 I just got a response from FSF lawyers stating that inheritance is considered
 ^^^
 modifying the library (see below). My question was related to releasing code
[...]
  -David Novalis Turner,
  Licensing Question Volunteer,
  Free Software Foundation

David Turner may have received his reply from a lawyer, but that
is not clear from his reply. Please note that David Turner himself
is not a lawyer, but a programmer, so I would not recommend taking
his reply as legal advice.

http://web.novalis.org/resume.html
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