Re: Is this better for tomsrtbt?

2001-04-25 Thread Tom Oehser


 here with bzip2, I get 51,200 bytes for BSD, GPL, and LGPL, tarred.
 That should be acceptable for a TRB distribution archive, no?

It breaks one of the primary design goals, which is that the tarball can
be created from the floppy and vice versa in a completely symetrical way,
because there is no distribution archive content that isn't available on
the floppy, currently, which is desirable.  So, even if I do it the way
you are suggesting, it means that it is illegal to make a copy of a any
tomsrtbt floppy and give it to someone.  Adding the 51K to the archive is,
given how tomsrtbt is used, irrelevant, and adding it to the floppy image
itself is problematic at best.

If my download link is the only way I distribute it, and if my download
link has the tarball and the licenses, then I am in fact distributing the
licenses with the programs, the risc of non compliance is with anyone who
then might RE-distribute it thinking they could create the tarball from
the floppy and then distribute that tarball without the licenses.  I think
I am OK on that risk with just a one-line notice pointing out that I have
distributed X licenses along with the distribution (and all the mirrors do
the same, that is, they have those top level files in the SAME ARCHIVE as
the tarball), and that if you re-distribute it, you had better do the
same.  I can just picture a user fest where they have a box of tomsrtbt
floppies and a box of license floppies and they clip one of each together
with a paperclip in order to give you tomsrtbt, and then evey time they
hand such a bundle to a user group attendee that person hands back the
licencse floppy, having received it.  Maybe I should distribute it that
way, as a 2 diskette package, where the licenses are on diskette 2?

 support, and list it as a source tarball.  The advantage is that by

Unifying the makefiles into one source tarball that can be build with one
'make' command is in the plan.  I am getting married on 5/7, and have
already a mortgage and 2 children (we've been engaged for 8 years), so
this is not going to be something that happens quickly.  I am going to
focus any short term time on plugging any non-compliant behaviour.

Now, again, as I read it, if I provide an http or ftp directory, which
contains 10 files, and one of those has all the licenses, and one is the
tarball that makes the floppy, and one is an html file that clearly lists
both and explains what they are and why, then *I* am in compliance with:

 ... give any other recipients of the Program a copy of this License
 along with the Program.

Now, if someone chooses to copy 1 from column A and 0 from column B to
their system, they are fine, unless and until they decide to redistribute
it.  I will make sure all the licenses are distributed clearly with the
program (that is, any place you have an opportunity to get the program
from me will also have the licenses shown in the same package or
directory), and I will add notices to the affect that the tomsrtbt floppy
*by itself* cannot be copied or distributed, because it does not include
the license.  Heck, I'll put a prompt right in the clone.s script.

And if it really becomes necessary to replace emacs with 2^17 bytes of
licenses on the actual floppy, there will be a certain balanced irony.
And I'll still have vi.

-Tom




RE: Is this better for tomsrtbt?

2001-04-25 Thread Dave J Woolley

 From: Tom Oehser [SMTP:[EMAIL PROTECTED]]
 
 Now, again, as I read it, if I provide an http or ftp directory, which
 contains 10 files, and one of those has all the licenses, and one is the
 tarball that makes the floppy, and one is an html file that clearly lists
 both and explains what they are and why, then *I* am in compliance with:
 
[DJW:]  The problem here is that you can almost 
guarantee that people will deep link to the floppy
constructing tarball, defeating the whole purpose of
the requirements that the licence accompany the software,
i.e. to ensure that every recipient is fully informed of
the licence.

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





Re: Is this better for tomsrtbt?

2001-04-25 Thread Karsten M. Self

on Wed, Apr 25, 2001 at 07:44:56AM -0400, Tom Oehser ([EMAIL PROTECTED]) wrote:
 
  here with bzip2, I get 51,200 bytes for BSD, GPL, and LGPL, tarred.
  That should be acceptable for a TRB distribution archive, no?
 
 It breaks one of the primary design goals, which is that the tarball
 can be created from the floppy and vice versa in a completely
 symmetrical way, because there is no distribution archive content that
 isn't available on the floppy, currently, which is desirable.  So,
 even if I do it the way you are suggesting, it means that it is
 illegal to make a copy of a any tomsrtbt floppy and give it to
 someone.  Adding the 51K to the archive is, given how tomsrtbt is
 used, irrelevant, and adding it to the floppy image itself is
 problematic at best.

Technical aspects are understood.  Even without knowing or understanding
the technical wizardry involved in making tomsrtbt, I'm damned
impressed.  It's a featureful toolkit.

Note, however, that technical and legal requirements don't always mesh.
And in a world governed by both, there may be two masters to serve.

The out, if you will, is that you aren't responsible for enforcing
downstream compliance with the GPL (section 6), nor, I believe, the
LGPL, or BSD, nor are downstream distributors answerable to your
compliance status (GPL section 4).  

Breaking technical symmetry by distributing an archive with licenses,
but creating a floppy (and then from it an archive) without them, may be
a non-symmetric, but acceptable, hack.  Notice on the floppy that
distribution requires inclusion of the license(s) (electronic or hardcopy
form should work) may be sufficient or recommended.  I don't see casual
distribution as the concern in any event, it's large-scale distribution
which matters (e.g.: mirror sites, inclusion in other packages such as
the LinuxCare BBC).

Another hack might be to wrap the tarball itself in another tarball
containing the licenses, a README, and the tomsrtbt tarball.  Which
leaves your symmetry problem intact by encapsulating it in a larger
problem.

 If my download link is the only way I distribute it, and if my
 download link has the tarball and the licenses, then I am in fact
 distributing the licenses with the programs, 

This is your interpretation, RMS and/or the copyright holder may feel
differently.  A related situation is the Debian distribution, in which
several licenses, including the GPL, LGPL, BSD, and Artistic License,
are distributed as a separate archive than the software to which they
apply.  Linkage is via the Debian packaging system, or so the argument
goes.  My understanding is that this is acceptable to RMS, he'd raised
the issue at some point last year.  So you might be right. 

It seems clear to me that the licenses should be prominently included on
the archive site, with instructions that both tomsrtbt *and* the
licenses need to be distributed, if this route is taken.

 the risk of non-compliance is with anyone who then might RE-distribute
 it thinking they could create the tarball from the floppy and then
 distribute that tarball without the licenses.  I think I am OK on that
 risk with just a one-line notice pointing out that I have distributed
 X licenses along with the distribution (and all the mirrors do the
 same, that is, they have those top level files in the SAME ARCHIVE as
 the tarball),

Note, as above, third party compliance isn't your concern under the
three licenses in question.

 and that if you re-distribute it, you had better do the same.  I can
 just picture a user fest where they have a box of tomsrtbt floppies
 and a box of license floppies and they clip one of each together with
 a paperclip in order to give you tomsrtbt, and then every time they
 hand such a bundle to a user group attendee that person hands back the
 license floppy, having received it.  Maybe I should distribute it
 that way, as a 2 diskette package, where the licenses are on diskette
 2?

That's a thought.

...or very small print on a floppy label ;-)

Here's a thought for a niche business:  floppy disk envelopes printed
with readable copies of the Debian common-licenses:  GPL, LGPL, BSD,
Artistic, to satisfy licensing requirements.  Probably as a fold-out of
some sort.

  support, and list it as a source tarball.  The advantage is that by
 
 Unifying the makefiles into one source tarball that can be build with
 one 'make' command is in the plan.  I am getting married on 5/7, and
 have already a mortgage and 2 children (we've been engaged for 8
 years), so this is not going to be something that happens quickly.  I
 am going to focus any short term time on plugging any non-compliant
 behavior.

The standard for GPL is that [t]he source code for a work means the
preferred form of the work for making modifications to itplus the
scripts used to control compilation and installation of the executable
-- your existing build process, whatever it is, is the preferred form,
and should be sufficient, if not 

Re: Is this better for tomsrtbt?

2001-04-25 Thread Tom Oehser


Ok, thanks.

By the way, I have as a result of these discussions made a bunch of
enhancements to http://www.toms.net/rb/license.html, which is pretty
difficult to accidentally avoid at this point, and which will be on
all the mirrors tomorrow.  I added a key of what license goes with
which file for the whole contents, all the relevent licenses, and a
few other things.  It is now grown over 100K, I am happy to announce.

-Tom







Re: Is this better for tomsrtbt?

2001-04-22 Thread mirabilos

   about 2 years.  Now, guess what libc5.so.5.4.13 file is currently
in use
   on the MuLinux distribution?  Yep, the 432,684 byte one I created
about
   2 years ago.  Now, the author of MuLinux does *not* mention that
he used

  This is the foundation of LGPL which libc uses. They have the right
to do
  this and you can not stop them from doing that as long as you are
using
  (L)GPL:ed software and make modifications to them.

But you can add a restriction, so everyone has to mention you.
And IIRC no Copyright notice may be removed.

 Of course, I could just be a prick and ask him for the source code.

 I don't in point of fact believe that maintainers of distributions
 that grab binaries are actually keeping track of where the binaries
 came from.  I did not in fact make changes to the source, all I did
 was play with Makefiles and config.h files and compiler options and
 stripping tools, so he could in fact just provide me any boilerplate
 libc5.so.5.4.13 archive and it would be the source that qualifies as
 'the program', but, unless he in fact is tracking where each one of
 the binaries came from, how does he know that?

I guess the config opts dont belong to that. I am distributing the
source
I built it with with it.

 Am I required to provide the *exact* makefile and config.h and compile
 settings that would reproduce the 432,684 object?  I can't do that, I
 have since improved it down to 416,361, and I am *NOT* keeping an RCS
 log of every single config.h and CCFLAGS condition that existed!!!

Did you try # strip -s -R .note -R .comment libc.so.5
It works for me.
And no, I am not keeping logs. (Did you ever meet a programmer who
did not hate to write docu?)

 For that matter, the GPL requires me to provide source for 3 years
 after I distribute something.  Now, it has been 2 years since I
 distributed it.  He is redistributing it now.  What if, 2 years from
 now, someone asks him for the source!  *He* is required to provide it,
 after all, it is within the 3 years since *he* distributed it.  But,
 *I* am no longer required to have kept it around.  So, if he doesn't
 bother to get the source code from where he got the binaries within
 3 years, he may be stuck in a situation where he is breaking the GPL
 and I am past the window where I have to help him.

 What about versions?  If I distributed the "ls" program from fileutils
 version 3.13 2 years ago, do I have to be able to provide the source
to
 exactly 3.13 now, or is 3.14 still 'the program'?  I assume I have to
be
 able to provide the source to *exactly* what I distributed 2 years
ago.
 Now, it adds *enormously* to this if someone is *redistributing* that,
 and they *didn't* get the source code from me 2 years ago.  It means
 that if someone wants the source from them, they'll either say 'sorry,
 I dunno where it came from' or they'll say 'maybe it came from
tomsrtbt
 or slackware or something, ask them'.

 -Tom

I hope versions are ok, but I usually add the source.
And if I bring out a new version, I delete the old.

-mirabilos





Re: Is this better for tomsrtbt?

2001-04-22 Thread Eric Jacobs

Tom Oehser [EMAIL PROTECTED]

 
 What I don't like is other people just copying the *actual binary* 
 without giving any credit or acknoledgement that *they* don't want to 
 bother to compile it *themselves*.  As long as they mention where they 
 got it, I'm
 fine with it.
 
 So, in the case above, am I required not to add the 'give credit and 
 mention where you got it' clause to the binary object, even if I make 
 the source code available without any such restriction?

Yes. That would be in violation of Section 2b of the GPL.

 The GPL doesn't really clarify this, it is, after all, aiming at the 
 source code, and there is probably no consideration that anyone would
 *care* about a particular binary compile output.

Compiling a program into object code is certainly forming a derivative
work, and thus it falls under Section 2. The GPL does not need to
enumerate every different way to form derivative works in order for it
to apply to them.

Also, if you look at the language in the first line of Section 3, it
is clear that the GPL considers object code to fall under Section 2.

 Now, I can *definitely* apply this restriction to all the scripts and 
 Luas that I wrote from scratch, *maybe* apply it to the agglomeration 
 and the arrangement (such as using a very small gzipped root and bzip2ed 
 /usr, is that copyrightable?)

The idea of compressing filesystems? No, as copyright applies to
expressions and not ideas. The actual filesystems of course are
copyrightable, but then they are derivative of the works they contain,
and you will have to follow the GPL.

 and *maybe* apply it to my versions of the 
 documents and man pages.  It is *possible* that I can apply it to binary 
 objects where I am making the program *in source* available *without* 
 restriction, but I dunno from reading the licenses.

Are you talking about the GPL? The GPL states very explicitly in
Section 2b that derived works must be distributed under the terms of
the GPL. There is no provision for extra restrictions.

  But I can 
 *ABSOLUTELY* make it clear that this is my desire, want, and 
 expectation, to the fullest extent legally available to me.

Which, under the GPL, is nil, unless you can find a law requiring
attribution. Don't pretend that this "desire, want, and expectation"
is part of the license, though. IANAL.

 That is 
 what I'm getting at, in my license- "as far as legally possible, if you 
 reuse ANY of this, you must give credit to the source".
 

-- 




Re: Is this better for tomsrtbt?

2001-04-22 Thread Tom Oehser


 Did you add your own copyright notice to these programs?  I'm digging
 around for copyright notices, they're a bit scarce  You ought to be
 covered under GPL in this case.

The GPL says:

  4. You may not ... sublicense ...

and:

  6. ... You may not impose any further restrictions ...

It is pretty clear that I *cannot* require my own copyright be carried.

 Incidentally, where's TRBs sources?

It depends which sources you want, give me a specific component.  For example,
if you want the 'dd' on tomsrtbt, my preference is that you get it directly
from me, either ftp, http, or email; given both that I have modified it and
that the 3.13 version of fileutils would be hard to find otherwise.  If you
want the 'lilo', for example, on tomsrtbt, my preference is that you download
it from the canonical archive, as I have not patched it and it is current; but
if you want it directly from me I can provide it via either http, ftp, or email.
There is no unified source tree or combined build process for tomsrtbt, for the
purpose of providing the source code each component is a seperate entity, and
given that there does not exist a unified source tree, I can't give it to you.
Let me know any particular source you want and how you would prefer to get it.

 ...and have you mentioned this to the MuLinux author?   A lot of license
 enforcement starts out with "say, I noticed" type letters.

The point is, when I distributed it 2 years ago, I did *not* have such a
stated requirement.  I really don't care enough in this case to pursue it.

  I want to prevent people from taking the binary objects and copying
  them into their own mini distributions without mentioning where they
  got them.
 
 If you're modifying works based under the GPL and BSD licenses, the
 existing licenses give you this right.  I think you're asking for what
 you already have.

Nope.  They are free to redistribute the binaries without mentioning anything.
Moreover, they are free under 3(c) to answer a request for the source code by
referring the requestor to me.  (Though I'm a little unclear about the 3-year
thing.  What happens if they are counting on 3(c), and my 3-year period lapses,
well, *his* 3 year period hasn't lapsed, so the implication is that at the end
of the 3rd year, he had better get the source while he still can...

-Tom





Re: Is this better for tomsrtbt?

2001-04-21 Thread Tom Oehser


 What is it you want to protect?

I'll give you an example.

My bootdisk currently includes a libc5.so.5.4.13 that I have down to only
416,361 bytes.  More than 2 years ago, back in October of 1998, I had it
only down to 432,684 bytes.  I havn't distributed that binary libc.so for
about 2 years.  Now, guess what libc5.so.5.4.13 file is currently in use
on the MuLinux distribution?  Yep, the 432,684 byte one I created about
2 years ago.  Now, the author of MuLinux does *not* mention that he used
a bunch (more than just this) of stuff directly out of tomsrtbt, he did
*not* ever contact me about how to build it that small, and I would be
curious in the abstract to know what he would do if someone asked him
for the source code sufficient to rebuild it.  Now, it is within 3 years
of when I distributed it- so he could still ask me for the source to the
libc I distributed 2 years ago- and he does mention tomsrtbt positively
as another minilinux to check out- but I think it is fair that I require
that users of anything I *can* require this of, give me credit.  (Note:
this is not meant to single out MuLinux, there are others doing the same
thing).  At a MINIMUM, it is only fair that a user of one of these know
where the stuff came from, after all, what if I stuck a trojan in it?  I
really want any object file created by a compiler on my machine to be so
documented.  It isn't fair that users of these distributions are allowed
to have the impression that their distribution author actually built it.
In fact, I *do* build everything on tomsrtbt directly from source, and I
*don't* crib stuff without giving fair credit to the authors and others
who do the work.

I want to prevent people from taking the binary objects and copying them
into their own mini distributions without mentioning where they got them.

I guess one question I have is, suppose I have on my web site:

hello.c
 and
a.out

Where hello.c is a GPL program and a.out is an object file that I
artistically chose to use "-m386 -O2 -fomit-frame-pointer
-fno-strength-reduce", stripped with ELF-Tiny elf object utilities,
used an older GCC to save a few bytes, and cetera.

GPL prevents me from adding restrictions to 'the program'.  Well, I am not
restricting it- it is right there- "hello.c" is the program- and I'm glad
to include the *instructions* for how to build it the smallest way- and
the intent of the GPL is clearly to protect the freedom of the source.

What I don't like is other people just copying the *actual binary* without
giving any credit or acknoledgement that *they* don't want to bother to
compile it *themselves*.  As long as they mention where they got it, I'm
fine with it.

So, in the case above, am I required not to add the 'give credit and
mention where you got it' clause to the binary object, even if I make the
source code available without any such restriction?

The GPL doesn't really clarify this, it is, after all, aiming at the
source code, and there is probably no consideration that anyone would
*care* about a particular binary compile output.

Now, I can *definitely* apply this restriction to all the scripts and Luas
that I wrote from scratch, *maybe* apply it to the agglomeration and the
arrangement (such as using a very small gzipped root and bzip2ed /usr, is
that copyrightable?) and *maybe* apply it to my versions of the documents
and man pages.  It is *possible* that I can apply it to binary objects
where I am making the program *in source* available *without* restriction,
but I dunno from reading the licenses.  But I can *ABSOLUTELY* make it
clear that this is my desire, want, and expectation, to the fullest extent
legally available to me.  That is what I'm getting at, in my license- "as
far as legally possible, if you reuse ANY of this, you must give credit
to the source".

-Tom