Re: [License-discuss] License incompatibility (was Re: Open source license chooser choosealicense.com) launched.

2013-09-05 Thread Rick Moen
Quoting Bradley M. Kuhn (bk...@ebb.org):

 Rick,
 
 I've tried to reply at length below on the issue of license (in)compatibility.
 The below is probably the most I've ever written on the subject, but it's in
 some ways a summary of items that discussed regularly among various Free
 Software licensing theorist for the past decade, particularly Richard Fontana.

Thank you for your very generous and thoughtful reply, Bradley.  I'll
have to spend some time reading it carefully.  I appreciate your time
and trouble.

-- 
Cheers,   I love stateless systems. 
Rick Moen Don't they have drawbacks? 
r...@linuxmafia.com   Don't what have drawbacks?
McQ! (4x80)   -- Sam Hughes
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Re: [License-discuss] License incompatibility (was Re: Open source license chooser choosealicense.com) launched.

2013-09-02 Thread Al Foxone
On Mon, Sep 2, 2013 at 4:16 AM, John Cowan co...@mercury.ccil.org wrote:

 Al Foxone scripsit:

 I doubt that Red Hat’s own End User License Agreement is
 'compatible' (according to you) with the GPL'd components in that
 combined work as whole. Anyway, that combined work as a whole must be
 full of proclaimed 'incompatibly' licensed components (once again
 according to you). How come that this is possible?

 See GPLv2 section 2, the penultimate paragraph:

 # [M]ere aggregation of another work not based on the Program with the
 # Program (or with a work based on the Program) on a volume of a storage
 # or distribution medium does not bring the other work under the scope
 # of this License.

Ultimately to me that just says that the intended scope of
quasi-automatic aggregation (pooling) of copyrights under the GPL
('compatibility' as somehow less strict requirement aside) is limited
to (non-private) derivative works only.

But Mr Kuhn seems to disagree and I don't understand his position.


 The corresponding paragraph of the GPLv3 is the final one of Section 5:

 # A compilation of a covered work with other separate and independent
 # works, which are not by their nature extensions of the covered work,
 # and which are not combined with it such as to form a larger program,

This is somewhat problematic because it uses undefined terms such as
by their nature extensions and a larger program***. But I've been
told that such ambiguities are interpreted against the drafter /
licensor and not against the licensee.

So once again it seems to it says that the scope of reciprocation is
limited to (non-private) derivative works only... but Mr Kuhn seems to
disagree (at least with respect to compatibility) and I don't
understand his position.

***) e.g. 
http://publib.boulder.ibm.com/infocenter/zos/basics/index.jsp?topic=/com.ibm.zos.zappldev/zappldev_91.htm

Program management model in Language Environment

Application programming on z/OS

...

Program management

Program management defines the program execution constructs of an
application, and the semantics associated with the integration of
various management components of such constructs.

Three entities, process, enclave, and thread, are at the core of the
Language Environment program management model.

Processes

The highest level component of the Language Environment program model
is the process. A process consists of at least one enclave and is
logically separate from other processes. Language Environment
generally does not allow language file sharing across enclaves nor
does it provide the ability to access collections of externally stored
data.

Enclaves

A key feature of the program management model is the enclave, a
collection of the routines that make up an application. The enclave is
the equivalent of any of the following:

A run unit, in COBOL
A program, consisting of a main C function and its sub-functions, in C and C++
A main procedure and all of its subroutines, in PL/I
A program and its subroutines, in Fortran.

In Language Environment, environment is normally a reference to the
runtime environment of HLLs at the enclave level. The enclave consists
of one main routine and zero or more subroutines. The main routine is
the first to execute in an enclave; all subsequent routines are named
as subroutines.

Threads

Each enclave consists of at least one thread, the basic instance of a
particular routine. ...
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Re: [License-discuss] License incompatibility (was Re: Open source license chooser choosealicense.com) launched.

2013-09-01 Thread Al Foxone
On Thu, Aug 29, 2013 at 3:51 PM, Bradley M. Kuhn bk...@ebb.org wrote:

 I'd suspect everyone to agree that you must meet the redistribution
 requirements of all copyright licenses for a given work to have permission
 to redistribute. Thus, license compatibility *exists* as a concept because
 if you make a new work that combines two existing works under different
 licenses, you have to make sure you've complied with the terms of both
 licenses.  Again, I'd be surprised if anyone disputes that as a necessary
 task and requirement.

Well,

http://www.redhat.com/f/pdf/corp/RH-3573_284204_TM_Gd.pdf

Copyright law protects the expression of an idea. When Red Hat
develops new software, it owns the copyright in the software.
Red Hat® Enterprise Linux® consists of hundreds of software
modules, some developed by Red Hat and many developed by
other members of the open source community. Those authors
hold the copyrights in the modules or code they developed.

At the same time, the combined body of work that constitutes
Red Hat® Enterprise Linux® is a collective work which has been
organized by Red Hat, and Red Hat holds the copyright in that
collective work. Red Hat then permits others to copy, modify
and redistribute the collective work. To grant this permission
Red Hat usually uses the GNU General Public License (“GPL”)
version 2 and Red Hat’s own End User License Agreement.

I doubt that Red Hat’s own End User License Agreement is
'compatible' (according to you) with the GPL'd components in that
combined work as whole. Anyway, that combined work as a whole must be
full of proclaimed 'incompatibly' licensed components (once again
according to you). How come that this is possible?
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Re: [License-discuss] License incompatibility (was Re: Open source license chooser choosealicense.com) launched.

2013-09-01 Thread John Cowan
Al Foxone scripsit:

 I doubt that Red Hat’s own End User License Agreement is
 'compatible' (according to you) with the GPL'd components in that
 combined work as whole. Anyway, that combined work as a whole must be
 full of proclaimed 'incompatibly' licensed components (once again
 according to you). How come that this is possible?

See GPLv2 section 2, the penultimate paragraph:

# [M]ere aggregation of another work not based on the Program with the
# Program (or with a work based on the Program) on a volume of a storage
# or distribution medium does not bring the other work under the scope
# of this License.

The corresponding paragraph of the GPLv3 is the final one of Section 5:

# A compilation of a covered work with other separate and independent
# works, which are not by their nature extensions of the covered work,
# and which are not combined with it such as to form a larger program,
# in or on a volume of a storage or distribution medium, is called an
# “aggregate” if the compilation and its resulting copyright are not
# used to limit the access or legal rights of the compilation's users
# beyond what the individual works permit. Inclusion of a covered work
# in an aggregate does not cause this License to apply to the other
# parts of the aggregate.

-- 
John Cowanco...@ccil.org
I amar prestar aen, han mathon ne nen,http://www.ccil.org/~cowan
han mathon ne chae, a han noston ne 'wilith.  --Galadriel, LOTR:FOTR
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[License-discuss] License incompatibility (was Re: Open source license chooser choosealicense.com) launched.

2013-08-29 Thread Bradley M. Kuhn
Rick,

I've tried to reply at length below on the issue of license (in)compatibility.
The below is probably the most I've ever written on the subject, but it's in
some ways a summary of items that discussed regularly among various Free
Software licensing theorist for the past decade, particularly Richard Fontana.

Rick wrote yesterday:
 It's a fair, interesting, and relevant question, and I'd really like to
 know the answer.

Most things in policy, unlike science, aren't a technical problem where we
can provide a hypothesis and test the results.  So, there probably isn't an
answer.  I've observed that many lawyers often build their careers on
*pretending* that there are answers to questions like this.  Then, they
simply bluster their way through to convince everyone.  Since IANAL (and,
BTW, TINLA), I don't tend to think that way.  I won't pretend license
compatibility is a testable scientific fact like Einstein's theory of
relativity; it's a policy analysis and conclusion, based on what those doing
the analysis think is correct and likely to be permissible under copyright.

 I'd actually be interested in Bradley ... pointing to any caselaw that
 supports [his] view.

So, most importantly, I don't think there has been any litigation anywhere in
the world regarding license compatibility.  Specifically, Jacobsen
v. Katzer didn't consider it AFAICT.  And, (speaking as someone who has
either advised the Plaintiff and/or actually been the 30(b)(6) witness for
Plaintiff in all of the GPL enforcement lawsuits in the USA), I'm not aware
of the license compatibility ever coming up in USA litigation.  Also, note
that, no one else in this thread has put any license compatibility caselaw
forward; it just doesn't exist, AFAIK.

However, even if there were caselaw, I don't think looking at the caselaw
record is somehow the only way to consider these questions.  My primary point
throughout this thread is that Free Software projects are regularly concerned
about compatibility (and license proliferation too), for good policy and
project health reasons; not because of what some Court said.

I'd suspect everyone to agree that you must meet the redistribution
requirements of all copyright licenses for a given work to have permission
to redistribute. Thus, license compatibility *exists* as a concept because
if you make a new work that combines two existing works under different
licenses, you have to make sure you've complied with the terms of both
licenses.  Again, I'd be surprised if anyone disputes that as a necessary
task and requirement.

Where people disagree is about whether or not you actually need copyright
permission at all to create that new work.  Some have a theory that it's
virtually impossible to ever need such permission.  I'm pretty sure that
can't be right, and there is a lot of caselaw on *this* subject, but the
tests that courts have come up are *highly* dependent on the facts of a
specific set of circumstances for a specific work.  (Dan Ravicher's article
the Software Derivative Work: A Circuit Dependent Determination is a
seminal source on that subject about the USA situation.  Till Jaeger's talk
at FOSDEM, a recording of which I already linked to in this thread,
covered the European side quite well IMO.)

Of course, derivative works analysis has almost *nothing* to do with
license compatibility.  It's just that folks love to fall into derivative
works debates because it's an interesting topic, and because those whose
primary goal is to circumvent copyleft as much as possible (and I've found
that's most people who work as Open Source legal experts) prefer to point
to the derivative works issue as some sort of insurmountable problem that
is therefore the base case of every discussion about Free Software
licensing.  And, as you saw, this thread descended into that debate too. I
suspect that's what led Luis Villa to have his oh no, not again reaction.

Meanwhile, license compatibility, as a concept, is a lex mercatoria.
(Fontana and others have talked at length about how much in Free Software
licensing are leges mercatorum; ironically, the derivative work question may
be the only central issue that *isn't* a lex mercatoria.)  Specifically, no
court anywhere in the world, to my knowledge, has sat down and lined two Free
Software licenses up next to each other and tried to determine if, upon
creating a whole work based on two works under the two licenses, if the terms
of any license was violated and thus the distributor of that whole work
infringed copyright of one party or the other.

Thus, people argue about what a court might say.  Some lawyers bluster and
claim they know the answer when they really don't.  (This is why I love Till's
first FOSDEM slide: he admits, as a first principle, the Socratic Epiphany
inherent in this type of work.) In the meantime, though, we have to operate,
share code, and (hopefully) uphold software freedom -- with the tools we have.
That's what led me, back when I started working 

[License-discuss] License incompatibility (was Re: Open source license chooser choosealicense.com launched.)

2013-08-28 Thread Bradley M. Kuhn
Lawrence Rosen wrote at 17:00 (EDT) on Tuesday:
 I asked for practical examples. You cited none. In the world of
 copyrights or most logical pursuits, absence of evidence isn't
 evidence.

License compatibility issues come up regularly on lots of bug tickets
and threads about licensing on lots of projects.  I don't have
a saved file of evidence to hand you, mostly because it's such an
unremarkable occurrence that I don't note it down when it happens.  I
see it at least once a month somewhere.  I suspect anyone who follows
Free Software development regularly sees it just as much.  I can tell
you that I dealt with two issues of license incompatibility in my
day job recently, but I can't disclose the specifics since it
was confidential advice.

Meanwhile, if you need evidence to satisfy your curiosity right away,
I'd suggest debian-legal archives would be a good place to start your
research on this, but...

 Awaiting your evidence to the contrary

... I can't spare the time to do this basic research for you.  If
anyone else here does agree with you that license incompatibility
isn't a problem in the real world, then perhaps it's worth continuing
this thread, but I suspect you may be alone on this one. :)

 Most FOSS licenses (including the GPL!)  don't actually define the
 term derivative work with enough precision to make it meaningful for
 court interpretation. ...  The court will therefore use the statutory
 and case law to determine that situation.

That's as it should be.  It's not the job (nor is it really appropriate)
for a copyright license to define statutory terms, so the GPL doesn't do
that.  The GPL has always tried to go as far as copyright would allow to
mandate software freedom.  That's what Michael Meeks (and/or Jeremy
Allison -- I heard them both use this phrase within a few weeks of each
other and not sure who deserves credit) call copyleft's judo move on
copyright.  It's the essence of strong copyleft.

 all major FOSS licenses that I'm aware of *except the GPL* make it
 abundantly clear that the mere combination of that licensed software
 with other software (FOSS or non-FOSS) does not affect (infect?) the
 other software.

Indeed, weaker copylefts give guidelines for certain derivative works
that can be proprietarized, and the rest are left under copyleft.

BTW, if you are interested in how the European lawyers view this question,
I refer you to an excellent talk by Till Jaeger at FOSDEM 2013:
   http://www.faif.us/cast/2013/mar/26/0x39/

 So what's the worry about license incompatibility all about?  Is it
 merely that so many licenses are deemed incompatible with the GPL,

Many licenses are incompatible with the Eclipse Public License, too,
since it's a stronger copyleft than, say, the MPL or LGPL.  There aren't
very many strong copylefts around.

 with other software (FOSS or non-FOSS) does not affect (infect?) the
 other software.

Finally, I'm unlikely to respond to this thread further as I think the
use of slurs like infect (notwithstanding the quotes, and '?') to
refer to copyleft are just unnecessarily inflammatory.  I've asked you
not to talk about copyleft using slur words so many times before in the
thirteen years we've known each other, it's really hard for me to believe
you aren't saying infect intentionally just to spread needless discord.
-- 
   -- bkuhn
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Re: [License-discuss] License incompatibility (was Re: Open source license chooser choosealicense.com launched.)

2013-08-28 Thread Patrice-Emmanuel Schmitz
Till Jaeger answer to the question What is a derivative work? is (on slide
4): I dont know (and probably nobody else) !
I do agree with him as long there is no case law, but my personal feeling
(which as no value as case law !) is that the Court of Justice of the
European Union would *not* follow the assumption Linking makes derivative
especially when 2 open source programs are linked (even statically).
These doubts on the concept of strong copyleft are reported in comments
on EUPL (see point 4.1. - pages 19-20 in
http://www.europarl.europa.eu/document/activities/cont/201307/20130708ATT69346/20130708ATT69346EN.pdf
 ).
Just another European lawyer opinion...
Thank you also for considering multi-lingual and multicultural aspects in
license (licence?) chooser :-) 



2013/8/28 Bradley M. Kuhn bk...@ebb.org

 Lawrence Rosen wrote at 17:00 (EDT) on Tuesday:
  I asked for practical examples. You cited none. In the world of
  copyrights or most logical pursuits, absence of evidence isn't
  evidence.

 License compatibility issues come up regularly on lots of bug tickets
 and threads about licensing on lots of projects.  I don't have
 a saved file of evidence to hand you, mostly because it's such an
 unremarkable occurrence that I don't note it down when it happens.  I
 see it at least once a month somewhere.  I suspect anyone who follows
 Free Software development regularly sees it just as much.  I can tell
 you that I dealt with two issues of license incompatibility in my
 day job recently, but I can't disclose the specifics since it
 was confidential advice.

 Meanwhile, if you need evidence to satisfy your curiosity right away,
 I'd suggest debian-legal archives would be a good place to start your
 research on this, but...

  Awaiting your evidence to the contrary

 ... I can't spare the time to do this basic research for you.  If
 anyone else here does agree with you that license incompatibility
 isn't a problem in the real world, then perhaps it's worth continuing
 this thread, but I suspect you may be alone on this one. :)

  Most FOSS licenses (including the GPL!)  don't actually define the
  term derivative work with enough precision to make it meaningful for
  court interpretation. ...  The court will therefore use the statutory
  and case law to determine that situation.

 That's as it should be.  It's not the job (nor is it really appropriate)
 for a copyright license to define statutory terms, so the GPL doesn't do
 that.  The GPL has always tried to go as far as copyright would allow to
 mandate software freedom.  That's what Michael Meeks (and/or Jeremy
 Allison -- I heard them both use this phrase within a few weeks of each
 other and not sure who deserves credit) call copyleft's judo move on
 copyright.  It's the essence of strong copyleft.

  all major FOSS licenses that I'm aware of *except the GPL* make it
  abundantly clear that the mere combination of that licensed software
  with other software (FOSS or non-FOSS) does not affect (infect?) the
  other software.

 Indeed, weaker copylefts give guidelines for certain derivative works
 that can be proprietarized, and the rest are left under copyleft.

 BTW, if you are interested in how the European lawyers view this question,
 I refer you to an excellent talk by Till Jaeger at FOSDEM 2013:
http://www.faif.us/cast/2013/mar/26/0x39/

  So what's the worry about license incompatibility all about?  Is it
  merely that so many licenses are deemed incompatible with the GPL,

 Many licenses are incompatible with the Eclipse Public License, too,
 since it's a stronger copyleft than, say, the MPL or LGPL.  There aren't
 very many strong copylefts around.

  with other software (FOSS or non-FOSS) does not affect (infect?) the
  other software.

 Finally, I'm unlikely to respond to this thread further as I think the
 use of slurs like infect (notwithstanding the quotes, and '?') to
 refer to copyleft are just unnecessarily inflammatory.  I've asked you
 not to talk about copyleft using slur words so many times before in the
 thirteen years we've known each other, it's really hard for me to believe
 you aren't saying infect intentionally just to spread needless discord.
 --
-- bkuhn
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-- 
Patrice-Emmanuel Schmitz
pe.schm...@googlemail.com
tel. + 32 478 50 40 65
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Re: [License-discuss] License incompatibility (was Re: Open source license chooser choosealicense.com launched.)

2013-08-28 Thread Richard Fontana
On Wed, Aug 28, 2013 at 10:59:43AM -0400, Bradley M. Kuhn wrote:
 The GPL has always tried to go as far as copyright would allow to
 mandate software freedom.  That's what Michael Meeks (and/or Jeremy
 Allison -- I heard them both use this phrase within a few weeks of each
 other and not sure who deserves credit) call copyleft's judo move on
 copyright.  It's the essence of strong copyleft.

A few sources credit Richard Stallman with saying that the GPL is a
form of intellectual jujitsu, using the legal system that software
hoarders have set up against them in a _Byte_ interview in July 1986.
However, I do not see any RMS interview in that issue of _Byte_ (which
is now available at archive.org).

The gnu.org site has republished what it says is a July 1986 _Byte_
interview of RMS, but this contains no jujitsu quote.

It seems likely that RMS *did* originate this characterization of the
GPL, and probably in a _Byte_ interview, but it would be nice to track
down the precise date of publication.

- RF

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Re: [License-discuss] License incompatibility (was Re: Open source license chooser choosealicense.com launched.)

2013-08-28 Thread Lawrence Rosen
Bradley Kuhn wrote:
 Finally, I'm unlikely to respond to this thread further as I think the 
 use of slurs like infect (notwithstanding the quotes, and '?') to refer
 to copyleft are just unnecessarily inflammatory.  I've asked you not to
 talk about copyleft using slur words so many times before in the 
 thirteen years we've known each other, it's really hard for me to
 believe you aren't saying infect intentionally just to spread needless
 discord.


Bradley, 

The fear that *you* sow is infectious, not the GPL. I do not slur that
license and certainly not copyleft!!! Indeed, I have argued at length here
and elsewhere [1] that fear of the GPL is unwarranted. It is instead the
fear that companies will be challenged by aggressive folks suing on some
bogus derivative work theory that infects our community.

To revert to the subject of this thread: The GPL should clearly be on every
FOSS license chooser. But don't leave licenses off those license choosers
simply because they are deemed incompatible under those false derivative
work enforcement theories or some generalized fear of license
proliferation.

Here's what I suggest for license choosers:  

(1) Ask first whether the developer is intending to integrate his or her
software most with Eclipse, Apache, Linux, Mozilla or other specific current
FOSS projects. 

(2) Recommend that FOSS project's license (with appropriate IANAL caveats!).

(3) Otherwise, consult a lawyer before choosing a license on your own.

(4) Invent a new license only as a very last resort and only when justified
by something missing in all other approved licenses.

/Larry

[1] In 2005 I published this: http://rosenlaw.com/pdf-files/Rosen_Ch06.pdf.
See also my antique 2001 article on the topic of GPL infection:
http://www.rosenlaw.com/html/GPL.pdf 



-Original Message-
From: Bradley M. Kuhn [mailto:bk...@ebb.org] 
Sent: Wednesday, August 28, 2013 8:00 AM
To: license-discuss@opensource.org
Subject: [License-discuss] License incompatibility (was Re: Open source
license chooser choosealicense.com launched.)

Lawrence Rosen wrote at 17:00 (EDT) on Tuesday:
 I asked for practical examples. You cited none. In the world of 
 copyrights or most logical pursuits, absence of evidence isn't 
 evidence.

License compatibility issues come up regularly on lots of bug tickets and
threads about licensing on lots of projects.  I don't have a saved file of
evidence to hand you, mostly because it's such an unremarkable occurrence
that I don't note it down when it happens.  I see it at least once a month
somewhere.  I suspect anyone who follows Free Software development regularly
sees it just as much.  I can tell you that I dealt with two issues of
license incompatibility in my day job recently, but I can't disclose the
specifics since it was confidential advice.

Meanwhile, if you need evidence to satisfy your curiosity right away, I'd
suggest debian-legal archives would be a good place to start your research
on this, but...

 Awaiting your evidence to the contrary

... I can't spare the time to do this basic research for you.  If anyone
else here does agree with you that license incompatibility isn't a problem
in the real world, then perhaps it's worth continuing this thread, but I
suspect you may be alone on this one. :)

 Most FOSS licenses (including the GPL!)  don't actually define the 
 term derivative work with enough precision to make it meaningful for 
 court interpretation. ...  The court will therefore use the statutory 
 and case law to determine that situation.

That's as it should be.  It's not the job (nor is it really appropriate) for
a copyright license to define statutory terms, so the GPL doesn't do that.
The GPL has always tried to go as far as copyright would allow to mandate
software freedom.  That's what Michael Meeks (and/or Jeremy Allison -- I
heard them both use this phrase within a few weeks of each other and not
sure who deserves credit) call copyleft's judo move on copyright.  It's
the essence of strong copyleft.

 all major FOSS licenses that I'm aware of *except the GPL* make it 
 abundantly clear that the mere combination of that licensed software 
 with other software (FOSS or non-FOSS) does not affect (infect?) the 
 other software.

Indeed, weaker copylefts give guidelines for certain derivative works that
can be proprietarized, and the rest are left under copyleft.

BTW, if you are interested in how the European lawyers view this question, I
refer you to an excellent talk by Till Jaeger at FOSDEM 2013:
   http://www.faif.us/cast/2013/mar/26/0x39/

 So what's the worry about license incompatibility all about?  Is it 
 merely that so many licenses are deemed incompatible with the GPL,

Many licenses are incompatible with the Eclipse Public License, too, since
it's a stronger copyleft than, say, the MPL or LGPL.  There aren't very many
strong copylefts around.

 with other software (FOSS or non-FOSS) does not affect (infect?) the 
 other software.

Finally

Re: [License-discuss] License incompatibility (was Re: Open source license chooser choosealicense.com launched.)

2013-08-28 Thread Al Foxone
I also believe that incompatibility is a myth.

Here's excellent paper:

http://www.btlj.org/data/articles/21_04_04.pdf

DANGEROUS LIAISONS—SOFTWARE
COMBINATIONS AS DERIVATIVE WORKS?
DISTRIBUTION,INSTALLATION, AND EXECUTION
OF LINKED PROGRAMS UNDER COPYRIGHT LAW,
COMMERCIAL LICENSES, AND THE GPL

By Lothar Determann†

† Prof. Dr. Lothar Determann teaches courses on computer and internet
law at the University of California, Berkeley School of Law (Boalt
Hall), University of San Francisco School of Law, and Freie
Universität Berlin (www.lothar.determann.name), and practices law as a
partner in the technology practice group of Baker  McKenzie LLP, San
Francisco/Palo Alto office (www.bakernet.com). The author is grateful
for assistance from his students, in particular Tal Lavian, Principal
Scientist at Nortel Labs (valuable comments from computer science
perspective), Steven B. Toeniskoetter, Lars F. Brauer, and Neda
Shabahang (legal research and footnote editing).

On Wed, Aug 28, 2013 at 4:59 PM, Bradley M. Kuhn bk...@ebb.org wrote:
 Lawrence Rosen wrote at 17:00 (EDT) on Tuesday:
 I asked for practical examples. You cited none. In the world of
 copyrights or most logical pursuits, absence of evidence isn't
 evidence.

 License compatibility issues come up regularly on lots of bug tickets
 and threads about licensing on lots of projects.  I don't have
 a saved file of evidence to hand you, mostly because it's such an
 unremarkable occurrence that I don't note it down when it happens.  I
 see it at least once a month somewhere.  I suspect anyone who follows
 Free Software development regularly sees it just as much.  I can tell
 you that I dealt with two issues of license incompatibility in my
 day job recently, but I can't disclose the specifics since it
 was confidential advice.

 Meanwhile, if you need evidence to satisfy your curiosity right away,
 I'd suggest debian-legal archives would be a good place to start your
 research on this, but...

 Awaiting your evidence to the contrary

 ... I can't spare the time to do this basic research for you.  If
 anyone else here does agree with you that license incompatibility
 isn't a problem in the real world, then perhaps it's worth continuing
 this thread, but I suspect you may be alone on this one. :)

 Most FOSS licenses (including the GPL!)  don't actually define the
 term derivative work with enough precision to make it meaningful for
 court interpretation. ...  The court will therefore use the statutory
 and case law to determine that situation.

 That's as it should be.  It's not the job (nor is it really appropriate)
 for a copyright license to define statutory terms, so the GPL doesn't do
 that.  The GPL has always tried to go as far as copyright would allow to
 mandate software freedom.  That's what Michael Meeks (and/or Jeremy
 Allison -- I heard them both use this phrase within a few weeks of each
 other and not sure who deserves credit) call copyleft's judo move on
 copyright.  It's the essence of strong copyleft.

 all major FOSS licenses that I'm aware of *except the GPL* make it
 abundantly clear that the mere combination of that licensed software
 with other software (FOSS or non-FOSS) does not affect (infect?) the
 other software.

 Indeed, weaker copylefts give guidelines for certain derivative works
 that can be proprietarized, and the rest are left under copyleft.

 BTW, if you are interested in how the European lawyers view this question,
 I refer you to an excellent talk by Till Jaeger at FOSDEM 2013:
http://www.faif.us/cast/2013/mar/26/0x39/

 So what's the worry about license incompatibility all about?  Is it
 merely that so many licenses are deemed incompatible with the GPL,

 Many licenses are incompatible with the Eclipse Public License, too,
 since it's a stronger copyleft than, say, the MPL or LGPL.  There aren't
 very many strong copylefts around.

 with other software (FOSS or non-FOSS) does not affect (infect?) the
 other software.

 Finally, I'm unlikely to respond to this thread further as I think the
 use of slurs like infect (notwithstanding the quotes, and '?') to
 refer to copyleft are just unnecessarily inflammatory.  I've asked you
 not to talk about copyleft using slur words so many times before in the
 thirteen years we've known each other, it's really hard for me to believe
 you aren't saying infect intentionally just to spread needless discord.
 --
-- bkuhn
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Re: [License-discuss] License incompatibility (was Re: Open source license chooser choosealicense.com launched.)

2013-08-28 Thread Bradley M. Kuhn
Larry, it seems that you responded to my point that calling the GPL by the
name 'infection' is a slur that spreads needless discord with (paraphrased)
it's not the GPL; it's the work that *you*, Bradley, and others have done
enforcing the GPL that's an infection on our community.

This doesn't seem a very civil manner of debate.  Recall that I recently
defended you, Larry, on this very list, when someone was uncivil to you.
Please don't be uncivil to me and the orgs that I work with / volunteer for.

I have no objection to your policy disagreements and disputes with GPL
enforcement or anything else I've worked.  I do object to your insinuation
that my and others' work in this regard is a virus plagued upon our
community.

   -- bkuhn
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