License question

2003-07-15 Thread Nigel Wetters
I guess some of you have thought about licensing issues, so might be able to help me.

I have some code that can't be included in the Debian project because it doesn't work 
without some bundled data. The bundled data is free (as in beer), but has a 
non-Debian-compliant license (it cannot be used to spam people).

I can avoid bundling the data by having a second program that does know about the data 
write the program I wish to distribute. A bit tortuous, but if it avoids the licensing 
clash, probably worth the effort. But does it avoid the licensing clash?

--nwetters





Re: License question

2003-07-15 Thread Alex Hudson
On Tue, Jul 15, 2003 at 09:59:52AM +0100, Nigel Wetters wrote:
 I have some code that can't be included in the Debian project because
 it doesn't work without some bundled data. The bundled data is free (as 
 in beer), but has a non-Debian-compliant license (it cannot be used to
 spam people).

It does sound non-free, I'm afraid - if the data is an integral part of
the program, then it makes the program non-free. But, it would very much
depend on the interaction between the program and the data.

If it's impossible to use the program without the data, then my instinct
says it's non-free (it's not just non-DFSG-free, but sounds like non-FSF-
free and non-OSI-open too). The only option open to you would be to replace
the non-free data with free data - this happens on a fairly frequent basis.
Look up the recent debian-legal discussion on Unicode tables.

Cheers,

Alex.




Re: License question

2003-07-15 Thread the hatter
On Tue, 15 Jul 2003, Nigel Wetters wrote:

 I can avoid bundling the data by having a second program that does know
 about the data write the program I wish to distribute. A bit tortuous,
 but if it avoids the licensing clash, probably worth the effort. But
 does it avoid the licensing clash?

Maybe add a -datafile option that allows you to specify the files location
(and include in --help a URL for where to the the free-as-in-beer one)


the hatter




Re: License question

2003-07-15 Thread Sam Vilain
On Tue, 15 Jul 2003 09:59, Nigel Wetters wrote:
 I have some code that can't be included in the Debian project because it
 doesn't work without some bundled data. The bundled data is free (as in
 beer), but has a non-Debian-compliant license (it cannot be used to spam
 people).

Oh, excellent, so it has all of the drawbacks with none of the
advantages of an open source license then!

Does anyone *really* think that putting a clause against using a piece
of software to spam in the license will work?
-- 
Sam Vilain, [EMAIL PROTECTED]

An eye for eye only ends up making the whole world blind.
 -- Mahatma Gandhi




Re: License question

2003-07-15 Thread Jason Clifford
On Tue, 15 Jul 2003, Nigel Wetters wrote:

 I guess some of you have thought about licensing issues, so might be able to help me.
 
 I have some code that can't be included in the Debian project because 
 it doesn't work without some bundled data. The bundled data is free (as 
 in beer), but has a non-Debian-compliant license (it cannot be used to 
 spam people).

I can only assume that the data includes personal identifying data such as 
email addresses if it can be used in such a manner.

Why not simply remove the data altogether and release the application with 
notes on how to build the required data.

Then the application can stand on it's own.

So long as it does not depend upon the specific data you provide that 
should work and you could still include details in the readme file of the 
data you have available and where it can be obtained.

I would comment however that if you are publishing such identifying data 
you probably require the explicit consent of those identified in it.

Jason Clifford
-- 
UKFSN.ORG   Finance Free Software while you surf the 'net
http://www.ukfsn.org/   ADSL Broadband available now




Re: License question

2003-07-15 Thread Nigel Wetters
On Tue, 15 Jul 2003, Jason Clifford wrote:

 I can only assume that the data includes personal identifying data 
 such as email addresses if it can be used in such a manner.

No. The original data source contains these identifiers. I am bundling data that has 
been stripped of all identifers, but it is still derived from the data that has been 
released under the restrictive license.

 Why not simply remove the data altogether and release the application with 
 notes on how to build the required data.

Ah. I probably need to explain a bit more. Here is the link to the module in question 
(note the licenses at the bottom):
http://search.cpan.org/author/NWETTERS/IP-Country-2.14/lib/IP/Authority.pm

The module's purpose is to identify the regional Internet registry where an IP address 
was registered. The only people who need this are writing an interface to the whois 
system. My module allows them to reduce the amount of calls they make to the whois 
servers.

I cannot imagine how the remaining data could be used for spamming, but the license 
still is incompatible with debian.

There are instructions within the CPAN distribution about how to build the database 
that is used by the module, but it involves a 300MB download and a 1-hour parse of the 
data (taking 600MB of RAM). The usefulness of my module is that this work has already 
been done.

I could dispense with the database if I created a second (non-distributed) program 
that used the database to build the distributed program. Does the distributed program 
still need to carry the liceses for the original data??

--nwetters




Re: License question

2003-07-15 Thread Alex Hudson
On Tue, Jul 15, 2003 at 01:18:50PM +0100, Nigel Wetters wrote:
 I could dispense with the database if I created a second (non-distributed)
 program that used the database to build the distributed program. Does the
 distributed program still need to carry the liceses for the original data??

I don't understand what you're suggesting here - are you saying that by
writing a second program which produces the first, you somehow get around
the copyright of the data? Unlikely.

'Specially in the UK, we have the concept of the copyright of a database. 

I would take a look at the Unicode and GNU miscutils discussion I pointed
you at; it sounds like that might be a solution, but you probably need to
check with an actual lawyer. debian-legal is again the place to raise
this.

Cheers,

Alex.




Re: License question

2003-07-15 Thread Shevek
On Tue, 15 Jul 2003, Alex Hudson wrote:

 On Tue, Jul 15, 2003 at 01:18:50PM +0100, Nigel Wetters wrote:
  I could dispense with the database if I created a second (non-distributed)
  program that used the database to build the distributed program. Does the
  distributed program still need to carry the liceses for the original data??
 
 I don't understand what you're suggesting here - are you saying that by
 writing a second program which produces the first, you somehow get around
 the copyright of the data? Unlikely.

The programs as distributed are then free. Any data they generate using 
third party sources might not be. This is valid. A distribution of the 
generated data is not free.

S.

-- 
Shevekhttp://www.anarres.org/
I am the Borg. http://www.gothnicity.org/