Re: Subscription/Service Fees - OSD Intent

2001-03-30 Thread Seth David Schoen

Laura Majerus writes:

 I'm collecting information on gpl disputes that have been settled amicably
 (or at least settled out of court).  "Plenty of companies" is a bit vague.
 Pointers anyone? 

You should ask Professor Eben Moglen.

http://old.law.columbia.edu/

-- 
Seth David Schoen [EMAIL PROTECTED]  | And do not say, I will study when I
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Re: Subscription/Service Fees

2001-03-27 Thread Seth David Schoen

David Davies writes:

 Maybe I don't get some key part.
 
 I wasn't thinking of any form of copying restriction, only having it clearly
 stated in the license that if you continue to use the software you are
 required to pay $x to xyz inc.
 
 There is no way to stop user A giving it to user B, and in fact that action
 is likely to be actively encouraged as it is with shareware.  
 However, if the license clearly states an obligation to register and pay a
 subscription fee then users who are complying with either the legal or moral
 implication of the license will often pay.

Some people think that copyright law doesn't actually allow you to
prevent people who have a legal copy of the software from using it in
any way they like.

D. J. Bernstein, author of qmail, is a well-known proponent of this
view:

http://cr.yp.to/softwarelaw.html

The usual assumption in the free software community has been that
probably software _can_ be accompanied with a legally binding license
which even regulates non-copyright activities.  But people don't
necessarily think that this is a good situation, just that this is the
way the courts or the industry are going.

Professor Bernstein points out that there is no consistent legal
precedent in the U.S. for licenses to regulate use.  Free software
licenses mostly don't attempt to -- although some licenses claim to be
contracts.

I think the uncertainty around this question prevented the OSD from
specifically saying that the license must not forbid the program from
being used for any purpose by anyone who has a copy.

-- 
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
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Re: boomberg bloopers

2001-02-16 Thread Seth David Schoen
 it.  So free software development can
continue apace (for some values of "apace") without software companies
doing it commercially.  I mean, lots of the software I'm using to type
this message was written _by a 501(c)(3) charity_ and _using
tax-deductible charitable contributions_!  What kind of competition is
_that_, to be a for-profit company competiting head-to-head with a
501(c)(3) offering directly analogous goods and services to the
general public?

So one possible consequence that some people foresee is that the
"pure-play" proprietary software companies are just going to go out of
business, because they can't compete against charities and hobbyists
once people realize that the charities and hobbyists can write and
support really good general-purpose software.  And this is a
possibility which is not an unusual prediction in the free software
community, and I think we can see from the statements we're discussing
that some people in the proprietary software world _definitely_ see it
as a real possibility.  (This is not to say that there is not going to
be specialized proprietary software and lots of niches of some sort
for software which is not published -- but a trend toward a world
where Richard Stallman's vision of "generally useful software" being
free is realized.)

Going out of business is a real, time-honored, traditional market
response to changing conditions.  Some people (Schumpeter?) have
written entire books on how it's supposed to be a really good thing
that firms can go out of business.  But surely those firms would have
to see that (by whatever means it might happen) as "a threat", surely
they would have to feel threatened by that.

-- 
Seth David Schoen [EMAIL PROTECTED]  | And do not say, I will study when I
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Re: Wording in Open Source Definition

2001-02-16 Thread Seth David Schoen

John Cowan writes:

 Richard Boulton scripsit:
 
  We were unable to come to a satisfactory agreement, so I am asking this
  list:  "Is it permissible in any circumstances for an Open Source license
  to require a royalty or other fee for sale of the software?"
 
 The answer is clearly "no".
 
  If the answer is no, I humbly suggest that the "may not" be changed to
  "must not" where it appears in clause 1, and that "free" be changed to
  "free-of-cost" in the rationale for clause 1, to avoid others falling into
  this same argument.
 
 I think you are absolutely right, and "may not" should be changed to
 "must not" everywhere.
 
 As evidence that "may not" means "must not" in this document, however,
 consider clause 6.  The second sentence purports to be an example of
 the general principle given in the first sentence, yet the second
 sentence reads "may not" where the first reads "must not".

Maybe the OSD should be written to use terms like MAY, MUST, and
SHOULD as defined by RFC 2119:

http://www.ietf.org/rfc/rfc2119.txt

(And it could then say so.)

-- 
Seth David Schoen [EMAIL PROTECTED]  | And do not say, I will study when I
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Re: Public Domain and liability

2000-08-14 Thread Seth David Schoen

Rod Dixon, J.D., LL.M. writes:

 I think it may be a very good idea. In fact, some states are developing free
 software...especially state-run universities. It's fairly well-known that
 the contributions of the Univeristy of Illinois and UC-Berkeley are
 significant in regards to  Internet software.
 
 States, of course, will not give away all (or even most) of their
 intellectual property, but I think some have made significant contributions
 as a result of the software development projects at universities, which
 often are sponsored by Federal grants.

There's some interesting argument going on these days, too, because
under some state public records laws, software developed by a state
(not necessarily by a contractor or vendor) will be a public record,
so that anybody may request a copy.  (Some contractors are kind of
scared about that, too.  Remember that the ACLU recently made a very
high-profile Federal FOIA request for the source code of the FBI's
extremely secret Carnivore software.  There are some law enforcement
exceptions in the FOIA, so the FBI might not have to comply, but in
general, it seems both Federal and state agencies would have to turn
over most source code to most of their software, on request.)

It's pretty clear that states can hold patents, but public records
laws might severely limit their ability to use copyrights to control
use of their original works.

I once made a joke about requesting copies of all the work of a friend
who works for a state government, but it's actually quite possible, in
general.  So what happens if someone tries to redistribute works of
authorship which are matters of public record?  How about derivation
and sublicensing?

-- 
Seth David Schoen [EMAIL PROTECTED]  | And do not say, I will study when I
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Re: Simple Public License, v0.20

2000-04-25 Thread Seth David Schoen

John Cowan writes:

 Justin Wells scripsit:
 
   Your improvement must not cause our software to depend on additional 
   software unless that additional software is distributed to the public under 
   a license which allows everyone to use and distribute it free of charge; 
 
 I don't remember if I raised this point before, but this seems to say
 that a patch allowing the software to run on Windows or VMS is impermissible,
 since the patch makes the software "depend" on a non-free operating system.
 This is clearly discrimination against a class of users and as such
 forbidden by the OSD.

It's interesting to compare what the GPL does about this:

... However, as a
special exception, the source code distributed need not
include anything that is normally distributed (in either
source or binary form) with the major components (compiler,
kernel, and so on) of the operating system on which the
executable runs, unless that component itself accompanies the
executable.

I think this gives OS vendors the ability to make proprietary
extensions to GPLed programs!

-- 
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
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Re: Apache v. GPL

2000-04-11 Thread Seth David Schoen

W. Yip writes:

 Hi. I have some trouble grasping why Apache license is incompatible with
 the GPL.
 
 Is it because of the naming restrictions in Apache constituting additional
 restrictions that are prohibited by the GPL? Or is it because of:
 
 
 Redistributions of any form whatsoever must retain the following
  *acknowledgment:
  *"This product includes software developed by the Apache Group
  *for use in the Apache HTTP server project (http://www.apache.org/)."
 
 
 The above sounds like the obnoxious advert clause in the dreaded 'old-BSD'.
 
 Then again, how does an advertisement clause such as the above amount to
 incompatibility with GPL?

The GPL requires people relying on its permissions to grant the same
permissions to others in order to distribute code.

The GPL gives you permission to distribute with no advertising clause, so
if you distribute with a requirement to retain an advertising clause,
you have not successfully

cause[d] any work that you distribute or publish, that in
whole or in part contains or is derived from the Program or any
part thereof, to be licensed as a whole at no charge to all third
parties under the terms of this License.

and you may also be in trouble because

[y]ou may not impose any further restrictions on the recipients'
exercise of the rights granted herein.

The conventional view on GPL compatibility, which has been disputed
sometimes, is that a license must be strictly less restrictive than
the GPL in every regard, or else allow sublicensing under the GPL,
in order to be GPL-compatible.

I shouldn't say "or else" -- because of the passages quoted above, we
can argue that "strictly less restrictive than the GPL in every
regard" _implies_ allowing sublicensing or dual licensing under the GPL.
And that is what the GPL expects.

 My final question is this. When literature mentions 'compatibility', do
 they refer to compatibility of licenses in a situation involving:
 
 (i) dual licensing (eg. Perl under both Artistic and GPL); or

It seems unlikely that a license would be successful in the free software
world if it attempted to prohibit dual licensing, so no.

 (ii) intermixing of code released under different licenses.

Yes -- as Jim Dennis said yesterday, "the ability to merge two projects"
into one, or to excerpt code from one project and re-use it in another,
releasing the end result to the public as a free software program.

-- 
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
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Re: Apache v. GPL

2000-04-11 Thread Seth David Schoen

John Cowan writes:

 Seth David Schoen wrote:
 
  It seems unlikely that a license would be successful in the free software
  world if it attempted to prohibit dual licensing, so no.
 
 Indeed, it would be nonsense.  Nobody but the author can license code
 under any particular license, so saying "I license my code under license
 X and no other" is a promise to one's self alone.

I'm thinking of something like this:

If the copyright holder of this package has granted permission
to anyone to redistribute it under the copyright laws on any
terms other than these, or by any instrument other than this
license, then this permission is void, and you have no right
under this license to distribute the software.

In other words, a license could get so offended when an author
dual-licensed some code that it cancels itself. :-)

So it should be possible to have a license which is resistent to use
in dual licensing situations.  The author of the licensed code wouldn't
be prohibited from granting the permissions; instead, one of the
permission grants, by its own terms, might be inoperative.

-- 
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
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Re: Licensing and public performance

2000-04-03 Thread Seth David Schoen

Andrew J Bromage writes:

  The OSD has no particular comment on this, although many people have
  felt that it is inappropriate to use a license to violate the privacy
  of the users of some software package.
 
 There may be media-creation software "out there" whose licences require
 that works created using the software include a credit.  Could anyone
 who uses such software please take a look at their licences to see if
 they do?
 
 Mind you, that might be based on shrinkwrap agreements rather than
 appealing to "public performance".
 
 As for the OSD's comment, I was worried that it might be discriminatory
 against fields of endeavour: those producing media for distribution
 with this software have to redistribute the software, but others do not.
 That looks too much like "commercial users must redistribute the source
 but non-commercial users don't have to".

Interestingly, the GNU GPL sort of does that:

c) Accompany it with the information you received as to the offer
to distribute corresponding source code.  (This alternative is
allowed only for noncommercial distribution and only if you
received the program in object code or executable form with such
an offer, in accord with Subsection b above.)

More specifically, noncommercial distribution is exempted, some of the
time, from source code distribution responsibilities under the GPL (if
an upstream distributor has made the source code distribution offer under
3(b) of the GPL, instead of distributing source code under 3(a) as would
be nice).

Why does nobody feel that this is an OSD violation?  Is it because it's
traditional, or just because it feels reasonable (and because it's an
exception for some people, rather than an additional burden)?

Does it feel reasonable _because_ it's traditional?  How many people
ever actually consciously exercise a right under the GPL's 3(c)?

It's still not clear to me -- and has never been really clear -- whether
the OSD prohibitions on discrimination only apply to discrimination
which could make software non-free for some class of users, or whether
they apply to _all_ discrimination, because discrimination is perceived
as wrong.

The truth in practice and public opinion and intuition has seemed to be
somewhere in between.

I was involved in OSI certification of at least one license which said
that commercial users agreed to indemnify contributors against
liability arising out of the commercial users' use of the software.
However, noncommercial users were not required to indemnify anyone (if
I remember correctly).  This seemed fair, intuitively, but it is
certainly discriminatory, and certainly someone could object to it.

I often have the feeling that the OSD ought to be revised periodically
by on-going discussions similar to the discussions which resulted in
its creation.  There are still a few situations which present real
ambiguities for interpreting the OSD.

-- 
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
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Re: loophole in the GPL?

2000-03-30 Thread Seth David Schoen

Justin Wells writes:

 On Thu, Mar 30, 2000 at 02:52:38PM -0500, John Cowan wrote:
 
  The term "distribute" must be understood in the sense in which it is
  used in the Copyright Act.  The term is not actually defined there, but
  is used thus:  "distribute copies or phonorecords of the copyrighted work
  to the public by sale or other transfer of ownership, or by rental, lease, or
  lending".  So selling copies is a type, indeed the primary type,
  of distribution.
 
 However, I thought it was well established that a copyright license 
 CANNOT prevent you from selling your copy of a copyrighted work.

Mmmm, I think you're glossing over what "your copy" means here.  I imagine
that you're referring to the "first sale" doctrine, which restricts the
ability of copyright holders to restrict resale of copies _that they
sell_.  First sale does not restrict the ability of copyright holders to
restrict resale of copies _that other people make_.

 Once you have legally acquired a copy, you CAN sell it.

That would be neat, because then you could make "fair use" copies for
yourself, and then they would be legal, so you could sell them.  The
people you sold them to would then have legal copies, so they could
make fair use copies, and then those copies would be legal, too, and
they could sell them...

This would be neat, but I don't think copyright law quite works that
way.

-- 
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
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Re: Violation

2000-03-24 Thread Seth David Schoen

John Cowan writes:

 "W. Yip" wrote:
 
  In the context of GPL, I wish to question whether there is a contract in
  every case. The OSD s.7 'Distribution of License' stresses that no
  subsequent execution of additional license is required for redistribution.
  This implies that the OSS License is 'automatic'. This gives the likelihood
  that in many cases a contract is PRECLUDED from the licensing mechanism.
  For instance, if I were to download RedHat from FTP, and then install it
  after reading and accepting the 'click wrap license' involved, would there
  be a contract in such a case? I doubt it.
 
 IANAL, but I agree with you.  The GNU GPL and other open source "licenses"
 (whether that term is justly applied to them is another matter) are in fact
 conditional non-exclusive transfers of copyright.  They are not contracts not only
 for technical reasons (lack of consideration, etc.) but more fundamentally
 because there is no agreement, no meeting of the minds.  The copyright
 owner grants certain of his otherwise exclusive rights to you, conditional
 on your doing such-and-such and refraining from such-and-such.  Provided
 the conditions are met, you have those rights whether you agree or not.

This is the GPL's theory ("you are not required to accept this licensed,
because you have not signed it...").

A consequence of this interpretation is that it should not be possible to
sue any public license violator for anything _other_ than copyright
infringement (because there was no opportunity for the licensee to
acquire any contractual obligations).

Suppose I write some program and publish it with a public license which
says that anyone may use it, but that, by _distributing_ it, a distributor
implies agreement with my distribution-permission conditions, which are
"paying $1,000,000 into a fund for bearded programmers, to be established
by the Bearded Programmer Foundation".  Now somebody distributes the
program, but does not pay the BPF.

I have a cause of action against the distributor for copyright
infringement (since under copyright law, "nothing else", as the GPL says,
grants permission for copying, and it is forbidden by default).  But
I can't sue to recover the $1,000,000 for the BPF, unless there was
actually a contract there.

Your argument, and a popular argument among people who have looked this
sort of thing over, seems to be that, even though some public licenses
purport to be contracts, or to create obligations for people who
modify or distribute software, they are not actually contracts -- just
conditional permission grants under copyright law, which can either be
accepted or ignored.  The result of this is either a copyright violation
or no copyright violation, but in any case no "license violation".

-- 
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
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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



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
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Re: License Approval Process

2000-02-15 Thread Seth David Schoen

Rob Edgeworth writes:

 snip
 
 The only other reason I can think of to get OSI approval for your
 license is for advertising purposes.  In that case, I guess you'll
 just have to wait until somebody from the OSI speaks up.  I'm no
 expert, but, personally, I don't think it's worth the trouble.  So you
 can't put ``open source'' on your ads.  Just say ``source code
 available'' instead.  Big deal.
 
 Ian
 
 /snip
 
 I'm not certain this is the case.  I recall something a few months ago
 suggesting the application for a trademark on open source was rejected.  Can
 anyone confirm this?  If so it would certainly explain the lack of
 certifications.

"Open Source" was not accepted as a registered trademark.

Because there is an Open Source Definition, and for other historical reasons,
it is still in most cases meaningful to say that it's factually correct that
a particular license (and distribution practice!) "is Open Source" or "is
not Open Source".

When someone says "I have an Open Source license", that claim can be _false_
(and people can point out that it's false), but it can't be a trademark
infringement.

The OSI's new trademark is "OSI Certified Open Source".  OSI certification
is not necessarily important to everyone, and there are other ways to
have an open source license.  I don't believe that OSI certification is
_necessary_ to anyone (it's _always_ been possible to use an existing open
source license, including traditional and useful ones from long before the
term "Open Source" existed; and goodness knows that all sorts of people
have written Open Source licenses or attempts at Open Source licenses
without any comment from the OSI).  I do believe that OSI certification can
be, and has been, useful in many cases.  Among other things, the OSI
certification process has helped identify and eliminate problems in some
proposed licenses before projects were released under them.

This is not to say, of course, that the certification process is free of
problems, including most obviously significant delays.

I'm going to be talking to the OSI Board about some of the problems which
people have for some time identified in the OSI's certification process.

-- 
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: the skinny -- a LEGAL *nightmare*

1999-11-26 Thread Seth David Schoen
y are so compatible,
 why can't they be interchangable? Just my thoughts on this. (Note: If
 Novell gets upset about this, you can tell them they still hold the
 copyright even if the license changes... and the license cannot change to
 anything too much different than what the NCL is already... Since of
 course, all the OSS licenses are compatible... right? ;-)

The big problem is that the various open source licenses are _not_
compatible, and this is causing lots of trouble in the world.  License
changes can mean code forks.

 Section 5:
 "If the Contributor prevails, You shall pay the Contributors costs and
 attorneys fees, and the licenses granted to you by the contributor shall be
 revoked unless you cure the breach within a reasonable time specified by
 the arbitrator." -- Is this legal? If so, is it legal to do in every
 state/country? Something about this sets off alarm bells in my head...
 
 "If you prevail and the Contributors allegation of breach was brought in
 bad faith, the Contributor shall pay your costs and attorneys fees." --
 Again, this is accepted practice in some parts of Europe (Britain), but I
 do believe this is not covered under Judicial laws in the U.S. and the
 Judge might constitute that this section is far too demanding and basically
 makes the judges decision on punishment for him.

Some people think that the practice of awarding attorney's fees helps make
good legal help accessible to people who are not rich, because more lawyers
are willing to take cases on contingency.

If the judges don't like it, they'll just ignore it, won't they?  With a
proper severability clause, that shouldn't make the rest of the license
unenforceable.

 Otherwise we'd see more
 licenses saying things like, "...and if the defendant fails in court, he
 shall be flogged fifty times, and if the defendant wins, Brent Stone of
 Indiana shall be given a toy for his birthday, every birthday until his
 20th birthday... If he is 20 after this fact, Brent shall have a Bachelor
 party and a pool installed in his backyard." I mean, seriously, give me a
 break.

Instead of flogging the defendant, you should make him write a GPLed
device driver in Visual Basic 6.

 Let me reiterate, this license is far too short and does not cover
 everything that needs be covered.

Have you read the MIT X license recently?  I fully expect to memorize that
thing within the next year and to be able to recite it at parties.

$ wc mit-license.txt; wc symbolum-nicenum 
 20 1671125 mit-license.txt
 15 1631079 symbolum-nicenum

Watch me write a (non-public-domain) free software license in one line:

"Perpetual right to use, modify and redistribute for any purpose is granted."

If you give me _two_ lines, I'll even throw in a free disclaimer! :-)

-- 
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: Copyrighting facts (was: Re: Can you alter the MIT license?)

1999-11-17 Thread Seth David Schoen

[EMAIL PROTECTED] writes:

 There's a great deal of information about copyright and copyrightable
 subject matter available from the Library of Congress Office of Copyright.
 It is probably all on the web too.

Oh, I don't mean to suggest that there aren't standards or that they
aren't published, just that the scope of copyright isn't intuitive (or
logical, or accurately summarized by straightforward rules).  And there
are strange paradoxes and unclear dividing lines everywhere.

 I think, for this conversation, the key thing that applies, in the area of
 literary works (which software once fell into, but I haven't kept track of
 recent revisions), is that copyright applies to original expression.

Caselaw in the United States has had an interesting time trying to explain
the meaning of "expression". :-)

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



Copyrighting facts (was: Re: Can you alter the MIT license?)

1999-11-16 Thread Seth David Schoen

Bruce Perens writes:

 From: Justin Wells [EMAIL PROTECTED]
  How far can you go with this notion that you cannot copyright a fact? Can you
  copyright the arrangement of chess men on a chess board?
 
 The arrangement of chess pieces is not the same sort of concrete fact as
 "Woodhaven Rd. runs between these two points".

The strange paradox of copyright is that facts which result from creative
intellectual effort are nonetheless facts.

For example, the last character of the main text of Douglas Hofstadter's
_Godel, Escher, Bach_ is an "r".  The second character of (l'havdil)
Microsoft Word 97 is a "Z".  These are objective facts.  In the same vein,
I could look up the six hundred twenty-sixth note of Andrew Lloyd Webber's
_Requiem_ (assuming a standard ordering of the instrumental voices within
a work and the notes within an instrumental line).  The identity of that
note would also be an objective fact.

These particular facts are not copyrightable (because of fair use), but
the co-ordinated public mention of a sufficiently large number of them
would still be a copyright violation.

E.g.

The first character of _Neuromancer_ is a "T".
The second character of _Neuromancer_ is an "h".
The third character of _Neuromancer_ is an "e".
The fourth character of _Neuromancer_ is a space.
The fifth character of _Neuromancer_ is an "s".
The sixth character of _Neuromancer_ is a "k".
[...]

If I continued this sequence for a little while longer, I would be guilty
of a copyright violation.

How is that sequence of objective facts essentially different from the
following sequence of objective facts?

The elevation, in feet, of Alameda, California, is 30.
The elevation, in feet, of Berkeley, California, is 150.
The elevation, in feet, of Cupertino, California, is 236.
The elevation, in feet, of Daly City, California, is 300.
The elevation, in feet, of Emeryville, California, is 15.
The elevation, in feet, of Fremont, California, is 53.
[...]

Presumably, the information contained in one is the result of organized
human creative effort, where the other is not.  (It _is_ the result of
human effort, in the form of the USGS GNIS.)

So, can I copyright the following?

1aef 9a8e 707e 8274 391d 6de4 3c76 da65
bd62 d2bc 4635 c915 141b 3a33 2fc2 7baa
7be7 7f3d 0cb5 f460 5adb d52d 1231 274e
2f02 a75e 7cc8 faa5 f2fe ad36 110b ba02
fe23 17eb e15f 484a 776d 6a3a 08a1 686f
a329 9593 58a0 54b4 6f48 75ea bc61 bd3e
90a2 6d76 03f5 a7ab b45e 3d4b 8b6a 8480
964b 614a 0c38 68c2 718b 53ce a39d 89f9
7109 66ed 6000 591e 6006 5e26 9b4b 7143
950a 2272 531d a0cd ccc9 9797 3670 7828

Do you need to know what it is first to say whether I can copyright it?

I don't think it's possible to consider the copyright system reasonable,
logical, intuitive, or founded on readily comprehensible rules.  Certainly
the idea that "you can't copyright facts" won't help someone who desires
to report the fact that the text of Microsoft Word is... (well, that
person is not myself).

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



Re: distribution: how much is enough?

1999-09-18 Thread Seth David Schoen

Signal 11 writes:

 Quick question -
 
 I'm going to be releasing a program under GPL soon,
 and all the libraries I use are LGPL/GPL.  My 
 question is - how much of the original distribution
 do I have to include besides the necessary bits I need
 to get my program to compile?  Is it safe to just
 grab the files I need, and put a note in the readme
 file with a location to get the full source for
 each library if they want it?
 
 I think the GPL/LGPL lets you do this.. but parts of
 it were somewhat vague. :\

There's never any obligation under the FSF's licenses to redistribute
anything.  Combining an excerpt of something with your own code is
still a kind of derived work, which is subject to the same rules
about derived works as any other.

After all, if you _add_ something to my GPLed package, you're not
obliged to distribute my original package as a condition of distributing
your new version.  If you were, every free software FTP site would have
to carry every historical version of every package.

You could use some data structures implementation that had been created
as part of GNOME in your own program, without distributing GNOME at all,
as long as you put your program under the GPL.

-- 
Seth David Schoen [EMAIL PROTECTED]
  They said look at the light we're giving you,  /  And the darkness
  that we're saving you from.   -- Dar Williams, "The Great Unknown"
  http://ishmael.geecs.org/~sigma/  (personal)  http://www.loyalty.org/  (CAF)



Re: support requirement

1999-08-31 Thread Seth David Schoen

VAB writes:

 [...] I've been 
 wondering about dual licensing for some time now.  The example that
 brought it to my attention was the PHP licensing.  PHP consists of
 an interpreted programming languages (much like perl), and a run time
 for that interpreter.  When you download PHP from www.php.net you are
 allowed to choose between the GPL and a less restrictive license
 written by the PHP programmers which allows commercial forking.  What
 position does this put the PHP programmers in?  Are they allowed
 to pick up code from the community (GPL'd code) and include it in
 PHP from which it can then propagate to commercial forks of PHP?

No.

The idea is that the copyright law ordinarily prohibits people to do
certain things, but licenses allow them to do these things.

If the copyright owner grants you a particular license, you may then do
the things which the license allows.  This is true regardless of what other
licenses have been granted to you or to other people.

Nobody is allowed to grant licenses to other people's code.  (The GPL alludes
to this when it says "Thus, it is not the intent of this section to claim
rights or contest your rights to work written entirely by you; rather, the
intent is to exercise the right to control the distribution of derivative or
collective works based on the Program.")  Issuing a program under one license
never precludes you from issuing it under other licenses in the future, but
this doesn't mean that you may ever issue other people's code under arbitrary
licenses.

 I've seen many other people do dual licensing with supposedly "GPL"
 compatible licenses such as the artistic license as well.

They are allowed to do that, if they are the authors.  If they want to do
that with other people's contributions, and those contributions were not
also explicitly dual-licensed, they need to check with the contributors
before dual-licensing the contributions.

 Am I mistaken and this type of dual licensing is only possible 
 with an original work which contains no previously GPL'd code?

It is only possible if all of the authors of the work have consented to it.
Whether or not the authors have issued their work under the GPL in the past
has nothing at all to do with whether it may be re-issued under other
licenses.

 I had thought that this would be the case based on my reading 
 of the GPL, but I have a hard time believing that all of the
 code dual licensed out there is original code.  Will it satisfy
 the GPL's viral clause (Paragraph 2b) to have the code licensed
 by multiple licenses and at least one of those licenses be the
 GPL?

Yes, certainly.  (Remember that "it is not the intent of this section to
claim rights or contest your rights to work written entirely by you".)
But it will not satisfy _copyright_ to have the code licensed by multiple
licenses without the consent of the copyright holders.

 Is there a way I can prevent this from happening to my software?
 Is it legally possible for me to write a license that restricts
 any one at any time in the future from dual licensing any of the
 code that I write and taking it away from the community?

The GPL will do that.

-- 
    Seth David Schoen [EMAIL PROTECTED]
  They said look at the light we're giving you,  /  And the darkness
  that we're saving you from.   -- Dar Williams, "The Great Unknown"
  http://ishmael.geecs.org/~sigma/  (personal)  http://www.loyalty.org/  (CAF)



Re: support requirement

1999-08-30 Thread Seth David Schoen

[EMAIL PROTECTED] writes:

 Vendor X plans on releasing software as Open Source. X makes a number
 of very interesting and useful research-derived programs, and also runs
 an ISO-9000-certified software development shop. Their ISO certification
 requires that they run only supported programs, and thus the development
 shop is prohibited from running the output of their own research
 department. Thus, one of X's _main_goals_ in making the software Open
 Source is that commercial vendors pick it up and _provide_support_ for it.
 
 Thus, their license requires that if you distribute a derived work of their
 program _and_ you provide support on reasonably comparable programs,
 that you provide support for their program too. The provision has no effect
 on organizations like Debian that don't provide support.
 
 This is currently the stumbling block for X's license being Open Source.
 Any ideas, folks?

They could approach individual companies that might be interested in doing
supported derived works and try to work something out in advance.  For
instance, they could tell their favorite ISV or consulting house that they
will provide source code for something, and _promise_ to purchase a support
contract on certain terms if that firm will offer one.

Assuming that the contract is big enough, I imagine many companies could be
interested in a proposition like that.

It's still a really desirable goal to keep as much complexity as possible
out of free software licenses.  If a company has a particular business goal
in releasing free software, it's much nicer if it can get the assurances
it wants through side contracts rather than license provisions.

-- 
Seth David Schoen [EMAIL PROTECTED]
  They said look at the light we're giving you,  /  And the darkness
  that we're saving you from.   -- Dar Williams, "The Great Unknown"
  http://ishmael.geecs.org/~sigma/  (personal)  http://www.loyalty.org/  (CAF)



Re: support requirement

1999-08-30 Thread Seth David Schoen

Dj writes:

 VAB wrote:
 
  A fact rarely mentioned on the list is that release under a
  license other than the GPL brings with it the danger that
  the software product will be reimplemented under the GPL.
  This is likely if Vendor X releases under a license which
  is unattractive due to say, required support terms.
 
 That reads more like carefully couched GPL blackmail.
 
 "Release under GPL or we'll copy your product make it GPL ourselves".
 
 [...]
 
 What are the ethics of duplicating the functionality of an application?

It's somewhat traditional.  For instance, the GNU project duplicated the
functionality of essentially _all_ of the standard Unix utilities.  I can
hardly count how many re-implementations of vi have been done.

Most people in the free software world are willing to accept the idea of
duplicating a proprietary program based on observing it (and reading its
documentation) without access to its source code.  In _many_ cases,
proprietary libraries, kernels, or APIs have been re-implemented; this
sort of happened in BSD because of the ATT lawsuit, and the WINE project is
very consciously doing it with the Win32 API at the moment.

Some people are willing to accept duplicating a program through disassembly,
decompilation, and other reverse engineering techniques (assuming that no
actual code is copied).  That's much more controversial, ethically and
legally.

-- 
    Seth David Schoen [EMAIL PROTECTED]
  They said look at the light we're giving you,  /  And the darkness
  that we're saving you from.   -- Dar Williams, "The Great Unknown"
  http://ishmael.geecs.org/~sigma/  (personal)  http://www.loyalty.org/  (CAF)



Re: support requirement

1999-08-30 Thread Seth David Schoen

Dj writes:

 DEVILSADVOCATE
 
 [...]
 So, I'm Vendor Q. I have a working product and I make money from it.
 "Hey, GPL your product" says a section of the community
 (not necessarily my customers). "Why?" ask I. "Well, if you don't do it
 then we'll do it for you" comes the response. "So why should I make it
 easier for you?"... "But we won't duplicate it  by looking at your code,
 but by external reverse engineering". "So you don't need my code"?
 "Er, no, but it'd be nice if you went GPL". "Why?"...
 [...]
 
 /DEVILSADVOCATE

This can be put a little less harshly.

(1) Free software developers are always trying to produce software that
they need or want.  Sometimes they write things from scratch, sometimes
they join on an existing project, sometimes they try to imitate someone
else's program.

(2) If a company is persuaded that free software or Open Source is a good
idea, they have to consider how to go about it.  This includes the choice
of a license.

(3) If a company chooses a good license that developers are willing to
accept, more developers will release improvements.  If it chooses an
unfriendly license, or an extremely complex or unusual license, fewer
developers will be willing to contribute under that license, and many
will be more interested in reimplementing the software in order to get
equivalents under licenses that they are willing to deal with.

The canonical comment that I think of on this subject is Jamie Zawinski's
phrase "magic pixie dust".

http://www.jwz.org/gruntle/nomo.html

Just because something is released under an Open Source license does not
guarantee its the unconditional embrace by the community.  Choosing a
standard free license is one thing that could help on that score.

-- 
Seth David Schoen [EMAIL PROTECTED]
  They said look at the light we're giving you,  /  And the darkness
  that we're saving you from.   -- Dar Williams, "The Great Unknown"
  http://ishmael.geecs.org/~sigma/  (personal)  http://www.loyalty.org/  (CAF)



Re: gpl backlash?

1999-07-27 Thread Seth David Schoen

John Cowan writes:

 Kyle Rose scripsit:
 
  [T]he LGPL, the license under which the major libraries are
  released, specifically allows non-free programs to link to binaries
  under that license.
 
 The kernel, however (which is just another library), is under the GPL.
 I know that Linus explicitly states that the GPL's viral properties
 do not spread from the kernel to user-mode code, but I don't see how that
 can be made consistent with the GPL's claim that "changing it [the GPL]
 is not allowed."

It could be viewed as an additional permission, making Linux dual-licensed,
except that Linus doesn't have authority to grant that permission on behalf
of all of the other developers -- who presumably have the right to assert
that this is either

(1) merely Linus's personal opinion, and factually incorrect; or

(2) merely Linus's personal decision to dual-license _his own_ code, and
therefore not applicable to their own code, which, in compliance with
the terms of the GPL, was released under the GPL (so that Linus lacks
the authority to unilaterally re-license their work); or

(3) a copyright violation on Linus's part, because he made an unauthorized
derived work from the GPL, which is copyrighted by the Free Software
Foundation; or

(4) a mistake on Richard Stallman's part, because Linus's change to the
GPL is fair use, and not a copyright violation.

(I think most, if not all, people who contribute to the kernel are willing
to accept Linus's judgment on this point, but that doesn't mean that it
might not be an issue in the future.)

-- 
    Seth David Schoen [EMAIL PROTECTED]
  They said look at the light we're giving you,  /  And the darkness
  that we're saving you from.   -- Dar Williams, "The Great Unknown"
  http://ishmael.geecs.org/~sigma/  (personal)  http://www.loyalty.org/  (CAF)



Re: gpl backlash?

1999-07-27 Thread Seth David Schoen

Matthew C. Weigel writes:

 On Tue, 27 Jul 1999, Seth David Schoen wrote:
 
  It could be viewed as an additional permission, making Linux
  dual-licensed, except that Linus doesn't have authority to grant that
  permission on behalf of all of the other developers -- who presumably have
  the right to assert that this is either
 
 No, he only has the authority to grant that on the code he originally wrote
 -- but that is part of the license, which by the GPL's viral nature ensures
 that all code distributed which is a derivative work of the kernel is, then,
 under the same license.

_If_ Linus is allowed to modify the GPL, and actually did so (or if he
modified it despite being forbidden to do so).

It's not totally obvious that the sentence there is intended to be "part
of the license", as opposed to a non-binding observation by Linus, or an
expression of his wishes.

  (2) merely Linus's personal decision to dual-license _his own_ code, and
  therefore not applicable to their own code, which, in compliance with
  the terms of the GPL, was released under the GPL (so that Linus lacks
  the authority to unilaterally re-license their work); or
 
 But it wasn't released under the pristine GPL.

_If_ Linus is allowed to modify the GPL, and actually did so (or if he
modified it despite being forbidden to do so).

  (3) a copyright violation on Linus's part, because he made an unauthorized
  derived work from the GPL, which is copyrighted by the Free Software
  Foundation; or
 
 Except that such additions are authorized -- hence it's not "...an
 unauthorized derived work..."

They're not authorized, so far as we can tell from what's stated in
public:

Copyright (C) 1989, 1991 Free Software Foundation, Inc. [...]
Everyone is permitted to copy and distribute verbatim copies
of this license document, but changing it is not allowed.

It's possible that the FSF explicitly gave Linus permission to modify
the GPL, but we don't have any way of knowing that.

  (4) a mistake on Richard Stallman's part, because Linus's change to the
  GPL is fair use, and not a copyright violation.
 
 ???  How is it a mistake on RMS' part, even given that your above statements
 are true?

Each of these possibilities, (1) through (4), is meant to be mutually
exclusive with all the others.

The "mistake" would be if fair use allows Linus to modify the GPL by
adding to it (as opposed to "mere aggregation" with another, separate
license :-) additional terms or permissions, since Stallman certainly
did _not_ want people to be able to do so as a general rule.  In that
case, Stallman's claim that "changing it is not allowed" is not
correct, and this would be the "mistake" to which (4) refers.

-- 
Seth David Schoen [EMAIL PROTECTED]
  They said look at the light we're giving you,  /  And the darkness
  that we're saving you from.   -- Dar Williams, "The Great Unknown"
  http://ishmael.geecs.org/~sigma/  (personal)  http://www.loyalty.org/  (CAF)



Re: GPL and LGPL question

1999-05-18 Thread Seth David Schoen

Bruce Perens writes:

 I don't agree. It's just like the public-domain to GPL case. You have the
 option to distribute the program under the LGPL. You choose the GPL. You
 re-distribute that. The person to whom you redistribute it has the option to
 use the GPL, just as you did.

Sure, but the current version of OSD 7 doesn't say that.  It says that
anyone who gets a copy has to have the same legal rights that were
originally granted.

I don't personally think there's any problem left here, except that OSD 7
is unclear.  There are a few possible approaches to fixing it for greater
clarity.

Anyone who thinks that LGPL 3 is broken is certainly welcome to e-mail
[EMAIL PROTECTED] and say so.  I don't think there's any problem in it from
the perspective of the OSD: the LGPL _allows_ redistribution under the
same terms as the software was originally distributed, and developers who
write under the LGPL choose to do so, with the knowledge (hopefully) that
their efforts could possibly be distributed under the GPL.  If they don't
like that, they could write a new library public license that did most of
what the LGPL does but didn't allow the license of the covered code to
be changed.

As I see it, license-discuss is intended for discussions of whether the
Open Source Initiative should approve or disapprove of licenses under the
OSD (and whether it should make improvements and revisions to the OSD).
It's not really for discussions about whether particular licenses are
wise or unwise, although that's not an unimportant discussion.

-- 
Seth David Schoen [EMAIL PROTECTED]
  They said look at the light we're giving you,  /  And the darkness
  that we're saving you from.   -- Dar Williams, "The Great Unknown"
  http://ishmael.geecs.org/~sigma/  (personal)  http://www.loyalty.org/  (CAF)



Re: GPL and LGPL question

1999-05-18 Thread Seth David Schoen

Wilfredo Sanchez writes:

   So this linking business is RMS's interpretation, but is not in  
 the license text.  I know certain other licenses get heavily  
 critiqued for being vague, but I don't see the same scrutiny applied  
 to the GPL here.

Well, that sort of scrutiny _has_ been applied to the GPL on many lists for
many years, so that many people are sick of it. :-)  Take a look at
gnu.misc.discuss, and you should find such a thread fairly quickly.

I personally have seen an interpretation-and-merits-of-GPL thread show
up on three mailing lists and two newsgroups, none of which were
license-related.  That debate has been going on for years, and it's
pretty easy to be tired of it already.

Since the OSD hasn't existed for as long as the GPL, it's a new opportunity
to try to harmonize the GPL with something or something with the GPL; most
other GPL topics have already been done to death.

Version 3 of the GPL is being written and supposedly close to release.
Many people have provided input, and there have been some _huge_
debates about what GPL v3 should contain.  I'm very optimistic that
it will fix some outstanding problems and ambiguities.

 The lack of clarity here is the biggest reason I know of why some
 companies prefer to avoid dealing with the GPL at all costs, even when
 they are open to the idea of open source in general.

There are some very solid arguments for that decision.  On the other
side, the GPL has been used with tremendous success in the past as the
license for a number of projects.  One reason that many people trust
that GPL is that it has such a long track record in comparison with
some other free software licenses.

This proves that the developers who worked on those projects, at least,
had enough confidence in the GPL to make it useful to them.  A particular
concern for companies, I know, is whether a license would stand up in
court, and whether it can be interpreted easily and clearly.  At LinuxWorld,
I talked with some license enthusiasts about whether _any_ free software
license has ever been an issue in a lawsuit.  Apparently, the answer is
no.  The current version was written with the assistance of a law professor,
but it would be an appeal to authority to say that this means that it would
hold up.  In the absence of litigation over the GPL (o si sic omnes!), each
company needs to decide for itself whether the current GPL is enforceable
and whether it contains loopholes or ambiguous wording.

 If you have some proprietary code which may ship alongside  
 GPL'ed code, you may accidentally fall into the "derived work"  
 category.  Certainly, it is reasonable to be wary of this.
 
   I realize that this is intentional; after all, proprietary code is  
 inherently evil in the eyes of the GPL's authors.  But I would argue  
 that this hardly represents freedom.  Protecting one's right to  
 share code by removing one's right not to doesn't seem like a Good  
 Thing to me.

It's a question of emulation, an extremely old tradition in computing.

-- 
    Seth David Schoen [EMAIL PROTECTED]
  They said look at the light we're giving you,  /  And the darkness
  that we're saving you from.   -- Dar Williams, "The Great Unknown"
  http://ishmael.geecs.org/~sigma/  (personal)  http://www.loyalty.org/  (CAF)



Re: Get ready....

1999-04-14 Thread Seth David Schoen

Derek J. Balling writes:

 Your position seems contradictory. You support "freedom for the people",
 but you don't support the right of people to pick the pieces of licenses
 that best suit their needs.
 
  The only true freedom you have is choice -- the choice of not using
  software if you cannot abide by its license agreement, or developing your
  own application using the license of your choice to compete with the
  offending product.
 
 Allowing someone to use portions of a license does NOT deny people freedom.
 It is simply not necessarily granting them privileges the same privileges
 as others choose to. Let's remember that any alteration of a copyrighted
 work is a PRIVILEGE, not a right. It is something which is granted by the
 owner of the copyrighted work, NOT something which you inherently have by
 being alive. Rights CANNOT be taken away, privileges can. I can say that
 "no future versions of my software will be released under the GPL", and you
 no longer have the privilege of copying the code.
 
 The sooner you stop confusing "rights" and "privileges", you'll be a lot
 better equipped for the discussion. :)

The author of the GPL, as far as I can infer from his writings and talking to
him, does not believe that "alteration of a copyrighted work is a PRIVILEGE,
not a right", because he does not believe that software should have any owners
at all.

Without understanding that, you can't understand the language of the GPL in
its proper context.  To put this another way, if copyright is not a real
right (or intellectual property is not real property), then "true freedom"
includes the choice to _ignore_ license restrictions altogether.  Since
copyright law does not provide this, Richard Stallman invented copyleft in an
attempt to emulate as far as possible what life would be like if that choice
were recognized as a right.

If you think it's obvious that intellectual property exists, you'd naturally
say that it's essential for software authors to have the choice of what
license to use.  If you think it's obvious that intellectual property doesn't
exist, you'd equally naturally say that it's essential for users to have the
freedom to copy (etc.), and that it's wrong to try to use licenses and
copyright law to deny these freedoms to users.  The philosophy of the GPL,
which you don't have to accept in order to use it, and which accounts for
Stallman's decision to copyright the GPL itself, presupposes that users have
the right to use and copy software, and that software owners do not have the
right to stop them: in other words, that IP does not exist.

As Martin Pool just wrote in another message:

 The text of the GPL is not licensed to you under the GPL: you may think
 that's inconsistent, but it makes sense in terms of the FSF's goals.

(And, of course, it doesn't make sense in terms of goals which are at odds
with the FSF's goals.)

http://www.fsf.org/copyleft/copyleft.html

etc.

-- 
Seth David Schoen [EMAIL PROTECTED]
  They said look at the light we're giving you,  /  And the darkness
  that we're saving you from.   -- Dar Williams, "The Great Unknown"
  http://ishmael.geecs.org/~sigma/  (personal)  http://www.loyalty.org/  (CAF)



GPL context

1999-04-14 Thread Seth David Schoen
t a LITTLE say in how the code was used so that he could try and
 get some recognition for all the work. :)  That's not bad, its a natural
 thing - to want recognition for your work. FSF (and company) have put a lot
 of effort into GNU, and their license allowed people to take all the work,
 call it something else and package it up as Linux.

The GPL's a document that comes from elder days, when circumstances were
very different.  The conditions people face today are very different from
what they were when the GPL v. 2 was written, and I think you could also say
that Stallman probably wishes he knew then what he knows now.

-- 
Seth David Schoen [EMAIL PROTECTED]
  They said look at the light we're giving you,  /  And the darkness
  that we're saving you from.   -- Dar Williams, "The Great Unknown"
  http://ishmael.geecs.org/~sigma/  (personal)  http://www.loyalty.org/  (CAF)