Re: Should Wine move to LGPL 3?

2007-07-25 Thread Damjan Novak

On 7/24/07, Scott Ritchie [EMAIL PROTECTED] wrote:


MS explicitly excluded Wine from that deal anyway.

Thanks,
Scott Ritchie





I dont think that it matters what the patent covenant covers or not
for this to work, all it takes is that they distribute it via vouchers
as part of the SuSE distribution, and with some luck in the unfolding
of these events, LGPLv3 patent provisions might disarm them by itself,
but IANAL...




Re: Should Wine move to LGPL 3?

2007-07-25 Thread Jesse Allen

On 7/25/07, Scott Ritchie [EMAIL PROTECTED] wrote:

On Wed, 2007-07-25 at 21:01 +0200, Marcus Meissner wrote:
 On Wed, Jul 25, 2007 at 03:28:13PM +0100, Damjan Novak wrote:
  On 7/25/07, Damjan Novak [EMAIL PROTECTED] wrote:
 
  I dont think that it matters what the patent covenant covers or not
  for this to work, all it takes is that they distribute it via vouchers
  as part of the SuSE distribution, and with some luck in the unfolding
  of these events, LGPLv3 patent provisions might disarm them by itself,
  but IANAL...
  
 
  On second thought, reading further the text and FAQ of the licence, I
  think Im wrong, sorry.

 Also, Wine is not on SLED/SLES, just on openSUSE, which is not protected
 by the patent covenant. And it is explicitly left out.

 Ciao, Marcus

On the other hand, it's quite possible that Parallels would enter into
some sort of patent thingy with Microsoft, and they DO distribute Wine.

Thanks,
Scott Ritchie




But it's only wined3d right? And that's based on OpenGL. Why they
would even consider a patent convent would boggle me.

Of course, the threat for unenumerated patents is enough for some.

Jesse




Re: Should Wine move to LGPL 3?

2007-07-25 Thread Scott Ritchie
On Wed, 2007-07-25 at 21:01 +0200, Marcus Meissner wrote:
 On Wed, Jul 25, 2007 at 03:28:13PM +0100, Damjan Novak wrote:
  On 7/25/07, Damjan Novak [EMAIL PROTECTED] wrote:
  
  I dont think that it matters what the patent covenant covers or not
  for this to work, all it takes is that they distribute it via vouchers
  as part of the SuSE distribution, and with some luck in the unfolding
  of these events, LGPLv3 patent provisions might disarm them by itself,
  but IANAL...
  
  
  On second thought, reading further the text and FAQ of the licence, I
  think Im wrong, sorry.
 
 Also, Wine is not on SLED/SLES, just on openSUSE, which is not protected
 by the patent covenant. And it is explicitly left out.
 
 Ciao, Marcus

On the other hand, it's quite possible that Parallels would enter into
some sort of patent thingy with Microsoft, and they DO distribute Wine.

Thanks,
Scott Ritchie





Re: Should Wine move to LGPL 3?

2007-07-25 Thread Marcus Meissner
On Wed, Jul 25, 2007 at 03:28:13PM +0100, Damjan Novak wrote:
 On 7/25/07, Damjan Novak [EMAIL PROTECTED] wrote:
 
 I dont think that it matters what the patent covenant covers or not
 for this to work, all it takes is that they distribute it via vouchers
 as part of the SuSE distribution, and with some luck in the unfolding
 of these events, LGPLv3 patent provisions might disarm them by itself,
 but IANAL...
 
 
 On second thought, reading further the text and FAQ of the licence, I
 think Im wrong, sorry.

Also, Wine is not on SLED/SLES, just on openSUSE, which is not protected
by the patent covenant. And it is explicitly left out.

Ciao, Marcus




Re: Should Wine move to LGPL 3?

2007-07-24 Thread Scott Ritchie
On Sun, 2007-07-22 at 19:22 +0200, Damjan Novak wrote:
 Hi! I  just stumbled on this list and discussion, and though to just
 mention a highly speculative, but potentially very rewarding advantage
 of using LGPLv3 for wine.
 
 According to this opinion at groklaw:
 http://www.groklaw.net/article.php?story=20070709101318827
 Microsoft MIGHT end up being effectively forced to distribute GPLv3
 code under the deal with Novell, and hence loose any chance to sue
 about patents any so licenced projects included in SuSE, and I suppose
 wine is included in that distro.
 
 Given the nature of the wine project, Im thinking it could benefit
 greatly from such potential shelding from Microsofts patent portfolio,
 if things happen to unfold in this very optimistic scenario..
 
 just a thought...
 
 

MS explicitly excluded Wine from that deal anyway.

Thanks,
Scott Ritchie






Should Wine move to LGPL 3?

2007-07-23 Thread Damjan Novak

Hi! I  just stumbled on this list and discussion, and though to just
mention a highly speculative, but potentially very rewarding advantage
of using LGPLv3 for wine.

According to this opinion at groklaw:
http://www.groklaw.net/article.php?story=20070709101318827
Microsoft MIGHT end up being effectively forced to distribute GPLv3
code under the deal with Novell, and hence loose any chance to sue
about patents any so licenced projects included in SuSE, and I suppose
wine is included in that distro.

Given the nature of the wine project, Im thinking it could benefit
greatly from such potential shelding from Microsofts patent portfolio,
if things happen to unfold in this very optimistic scenario..

just a thought...




Should Wine move to LGPL 3?

2007-07-13 Thread Tom Wickline

Hello,

I was wondering if there are any plans in place for Wine to move to
the newly revised LGPL 3 licence before the release of 1.0?

http://www.gnu.org/licenses/lgpl.html

Cheers,

Tom Wickline


--
Microsoft's patent protection scheme is the equivalent of bailing
water with a sieve.




Re: Should Wine move to LGPL 3?

2007-07-13 Thread Tim Schmidt

On 7/13/07, Victor [EMAIL PROTECTED] wrote:

Also Wine isn't just a library. (LGPL)


Nor is the LGPL a license exclusively for libraries.

--tim




Re: Should Wine move to LGPL 3?

2007-07-13 Thread Victor
On Friday 13 July 2007 15:01:26 Tom Wickline wrote:
 Why shouldn't Wine move?
IMHO:
Before changing license, there must be a really good reason to do that - for 
example, if application won't survive without doing so. And before change, 
license must be reread at least one hundred times - just to make sure it is 
understood correctly and there will be no problems. It is a serious step.

Also Wine isn't just a library. (LGPL)

-- 
Victor Eremin ([EMAIL PROTECTED])


signature.asc
Description: This is a digitally signed message part.



Re: Should Wine move to LGPL 3?

2007-07-13 Thread Damjan Jovanovic

On 7/13/07, Tom Wickline [EMAIL PROTECTED] wrote:

On 7/13/07, Michael Stefaniuc [EMAIL PROTECTED] wrote:
 Tom Wickline wrote:
  I was wondering if there are any plans in place for Wine to move to
  the newly revised LGPL 3 licence before the release of 1.0?
 
  http://www.gnu.org/licenses/lgpl.html
 Why should Wine move?
Why shouldn't Wine move?


LGPL3 = GPL3 + additional permissions:
This version of the GNU Lesser General Public License incorporates
the terms and conditions of version 3 of the GNU General Public
License, supplemented by the additional permissions listed below.

The GPL3 has no track record so far, and it's too political and
controversial for my liking. Let's wait a while before making the
decision.



 bye
 michael
 --


Bye
Damjan




Re: Should Wine move to LGPL 3?

2007-07-13 Thread Michael Stefaniuc

Tom Wickline wrote:

I was wondering if there are any plans in place for Wine to move to
the newly revised LGPL 3 licence before the release of 1.0?

http://www.gnu.org/licenses/lgpl.html

Why should Wine move?

bye
michael
--
Michael Stefaniuc   Tel.: +49-711-96437-199
Sr. Network EngineerFax.: +49-711-96437-111




Re: Should Wine move to LGPL 3?

2007-07-13 Thread Tom Wickline

On 7/13/07, Michael Stefaniuc [EMAIL PROTECTED] wrote:

Tom Wickline wrote:
 I was wondering if there are any plans in place for Wine to move to
 the newly revised LGPL 3 licence before the release of 1.0?

 http://www.gnu.org/licenses/lgpl.html
Why should Wine move?

Why shouldn't Wine move?



bye
michael
--





Re: Should Wine move to LGPL 3?

2007-07-13 Thread Kai Blin
On Friday 13 July 2007 13:18:41 Damjan Jovanovic wrote:
 On 7/13/07, Tom Wickline [EMAIL PROTECTED] wrote:
  Why shouldn't Wine move?

 LGPL3 = GPL3 + additional permissions:
 This version of the GNU Lesser General Public License incorporates
 the terms and conditions of version 3 of the GNU General Public
 License, supplemented by the additional permissions listed below.

That's correct. This means that, as the GPLv3, the LGPLv3 is more compatible 
with international laws, as opposed to being US-centric like the (L)GPLv2 
was. Also, all the other reasons to move to the GPLv3 apply.

 The GPL3 has no track record so far, and it's too political and
 controversial for my liking.

At Samba, we have decided to switch to GPLv3 for the coming releases, 
releasing the libraries that were under the LGPLv2 under the LGPLv3.

As for other projects, see http://gpl3.palamida.com:8080/index.jsp

 Let's wait a while before making the decision.

What specifically are we waiting for? Until the GPLv3 is tested in court? 
Until someone TiVolizes Wine? Christmas?

Cheers,
Kai

-- 
Kai Blin
WorldForge developer  http://www.worldforge.org/
Wine developerhttp://wiki.winehq.org/KaiBlin
Samba team member http://www.samba.org/samba/team/
--
Will code for cotton.


signature.asc
Description: This is a digitally signed message part.



Re: Should Wine move to LGPL 3?

2007-07-13 Thread David Laight
On Fri, Jul 13, 2007 at 01:18:41PM +0200, Damjan Jovanovic wrote:
 
 The GPL3 has no track record so far, and it's too political and
 controversial for my liking. Let's wait a while before making the
 decision.

Many groups are exceedingly worried about parts of GPL3.
Not only commercial companies who may not have been obeying the
general spirit of the GPL, but also people writing software that
is BSD licensed are worried about having GPL3 utilities
included in a software release, and having GPL3 source residing in
the local CVS tree.

David

-- 
David Laight: [EMAIL PROTECTED]




Re: Should Wine move to LGPL 3?

2007-07-13 Thread Ian Macfarlane

I've been meaning to ask about this since (L)GPL3 was released.

The version 3 of the (L)GPL license has numerous benefits:

- It's much more legally sound in the rest of the world (IMO one of
the most important factors about the new license) - numerous reasons
for this e.g. referencing WIPO rather than US laws.

- It has an explicit patent agreement (really an extension of the
above - (L)GPLv2 has an implicit patent agreement, but this is only
valid in the US) - this means that people who contribute to and/or
distribute WINE cannot sue WINE (or WINE users) for patent
infringement.

- It is compatible with the Apache 2.0 license, meaning that there is
an even bigger pool of source code to draw from.

- It helps ensure that companies cannot prevent people from modifying
the source code by providing them explicit legal rights to change the
code in these circumstances, and requiring information to allow users
to change it.

- For LGPL only, It makes 100% sure that GPL+linking exception and
LGPL can be combined legally in all jurisdictions by merging them
(which is essentially the only real difference, barring slightly
different wording in the v2.1 of LGPL vs v2. of GPL)

- It prevents patent agreements where only some people are protected.

- It provides a mechanism for first-time accidental violations to be
'cured' more easily

- ... and lots of other minor changes to improve the validity of the
legal status of the license.


There are some points not directly related to the license itself that
might be of interest:

- Samba has decided to become GPL3+ only, as they want the added
protections provided by the license. WINE and Samba seem like projects
that may potentially wish to share code (a very quick search brings up
articles like this http://www.winehq.org/?issue=272), and if WINE
sticks to supporting GPLv2+ rather than GPLv3+, then WINE will no
longer be able to integrate Samba code.

- Solaris may go GPLv3, another potentially useful repository of code
to draw from that would not be possible under GPLv2.


So as you can see, (L)GPL version 3 has a lot of benefits. It also has
broad support (excluding Linus of course, who I must point out objects
only to a single clause in the license that can be resolved by adding
an extra permission, as GPLv3 permits), including strong corporate
backing (e.g. IBM, Red Hat, MySQL, Sun, even Novell). As one of the
projects that Microsoft would most like to destroy, the added
protections in this updated version of the license would seem even
more valuable.

Kind regards,

Ian Macfarlane

ps: As a last note to Damjan - all GPL versions have been considered
both radical and political when they were released. In retrospect, the
protections that they provided have been considered invaluable.




Re: Should Wine move to LGPL 3?

2007-07-13 Thread Tomas Kuliavas
 The GPL3 has no track record so far, and it's too political and
 controversial for my liking. Let's wait a while before making the
 decision.

 Many groups are exceedingly worried about parts of GPL3.
 Not only commercial companies who may not have been obeying the
 general spirit of the GPL, but also people writing software that
 is BSD licensed are worried about having GPL3 utilities
 included in a software release, and having GPL3 source residing in
 the local CVS tree.

Code licensed under BSD is not compatible with GPLv2. They can't include
GPLv2 code in codebase licensed under BSD. So there is no difference
between GPLv2 and GPLv3 for BSD people.


-- 
Tomas





Re: Should Wine move to LGPL 3?

2007-07-13 Thread Steven Edwards

On 7/13/07, Ian Macfarlane [EMAIL PROTECTED] wrote:

I've been meaning to ask about this since (L)GPL3 was released.


I'd also like to weigh in on my reasons for liking the (L)GPLv3. The
termination clause is clarified and a grace period added for
compliance. As it stands right now, if someone was to inadvertently
not adhere to the terms of a (L)GPLv2 program an over zealous major
contributor could revoke distribution rights downstream to the
offender even if the offender was in the process of trying to remedy
the situation.

It may only be a technicality but this bothers me. When corporate
powers, with their own motives of profit outweigh commitment to
FreeSoftware, are major contributors all the loopholes have to be
closed. Imagine a world where SCO had contributed a lot of (L)GPL code
and then they had gotten lucky to find a technicality in the license
to revoke it for everyone.

--
Steven Edwards

There is one thing stronger than all the armies in the world, and
that is an idea whose time has come. - Victor Hugo




Re: Should Wine move to LGPL 3?

2007-07-13 Thread Michael Stefaniuc

Ian Macfarlane wrote:
  - Samba has decided to become GPL3+ only, as they want the added

protections provided by the license. WINE and Samba seem like projects
that may potentially wish to share code (a very quick search brings up
articles like this http://www.winehq.org/?issue=272), and if WINE
sticks to supporting GPLv2+ rather than GPLv3+, then WINE will no
longer be able to integrate Samba code.
This point is actually moot. Samba is GPL and Wine is LGPL. I don't see 
v3 having changed something in regard to that. If Wine wants to use 
Samba code it has to ask the people that own the copyright to relicense 
their work.


bye
michael
--
Michael Stefaniuc   Tel.: +49-711-96437-199
Sr. Network EngineerFax.: +49-711-96437-111




Re: Should Wine move to LGPL 3?

2007-07-13 Thread Steven Edwards

On 7/13/07, Tomas Kuliavas [EMAIL PROTECTED] wrote:

Code licensed under BSD is not compatible with GPLv2. They can't include
GPLv2 code in codebase licensed under BSD. So there is no difference
between GPLv2 and GPLv3 for BSD people.


BSDv2 is compatible with all versions of the GPL. Very little code is
left floating around under the orginal BSD license these days.

--
Steven Edwards

There is one thing stronger than all the armies in the world, and
that is an idea whose time has come. - Victor Hugo




Re: Should Wine move to LGPL 3?

2007-07-13 Thread Tomas Kuliavas
 Code licensed under BSD is not compatible with GPLv2. They can't include
 GPLv2 code in codebase licensed under BSD. So there is no difference
 between GPLv2 and GPLv3 for BSD people.

 BSDv2 is compatible with all versions of the GPL. Very little code is
 left floating around under the orginal BSD license these days.

Last time I've checked programmers could use code licensed under BSD
license in GPL software, but they couldn't use code licensed under GPL in
BSD licensed software. BSD is compatible with GPL, but GPL is not
compatible with BSD.

BSD people are not concerned about compatibility of BSD license with GPL,
they are concerned about incompatibility of GPL with BSD. Same thing
applies to GPLv2 and GPLv3.

The only people worried about GPLv3 and not worried about GPLv2, are the
ones that use GPL software and restrict end user rights with hardware or
patents.

-- 
Tomas





Re: Should Wine move to LGPL 3?

2007-07-13 Thread Stefan Dösinger
Am Freitag, 13. Juli 2007 17:22 schrieb Kai Blin:
 What specifically are we waiting for? Until the GPLv3 is tested in court?
 Until someone TiVolizes Wine? Christmas?
Some possible TiVolization of wine I have brought up on #winehackers with 
third party signatures:

Hypothetial:
Assumed ddraw.dll was signed by Microsoft. Now we have an app that checks for 
this signature, and refuses to run otherwise. This app is not part of wine, 
and it is not LGPLed. Now some company lures Microsoft into signing a 
compiled ddraw.dll.so, and ships a wine build which makes that picky app 
happy. They provide the source. A user recompiles, and cannot use his own 
build because the non LGPL app, not shipped by that company refuses because 
of a missing signature.

Would the company shipping the signed DLL build be in violation of the LGPL 
v3? They do not own the key, and they do not have any influence on the third 
party app that refuses to run.

Where could this apply in practise:

- If we ever implement Vista's protected audio or video DLLs we may need a 
signature on them.

- Parallels is shipping Wine's D3D code for Windows. Windows Vista, 
especially the 64 bit edition, is pretty picky regarding unsigned drivers. 
Wine's code in Parallels is technically not in the position of a driver, but 
it is related.

PUMA or PVP(or however the DRM in Vista is called these days) will most likely 
never work on any platform whose fundamentals are open source, so scenario 1 
is most likely moot.

Scenario 2 doesn't have any technical restrictions, but Microsoft signing Wine 
code sounds like hell freezing over. But that was said about Novell-Like 
contracts too.

So it may be unlikely, but TiVolization of Wine can happen. But are the above 
two scenarios against our interests?




Re: Should Wine move to LGPL 3?

2007-07-13 Thread Kai Blin
On Friday 13 July 2007 18:23:32 Michael Stefaniuc wrote:
 Ian Macfarlane wrote:
- Samba has decided to become GPL3+ only, as they want the added
 
  protections provided by the license. WINE and Samba seem like projects
  that may potentially wish to share code (a very quick search brings up
  articles like this http://www.winehq.org/?issue=272), and if WINE
  sticks to supporting GPLv2+ rather than GPLv3+, then WINE will no
  longer be able to integrate Samba code.

 This point is actually moot. Samba is GPL and Wine is LGPL. I don't see
 v3 having changed something in regard to that. If Wine wants to use
 Samba code it has to ask the people that own the copyright to relicense
 their work.

Yes, I'm afraid I have to agree here. Samba-Wine cooperation on the code 
level is hampered by licensing issues anyway.

However, even though this point is not valid, the other points certainly are. 
For what it's worth, switching to the LGPLv3 gets a +1 from me.

Unless someone can come up with a scenario where the LGPLv3 would actually be 
harmful, let's switch.

Cheers,
Kai
-- 
Kai Blin
WorldForge developer  http://www.worldforge.org/
Wine developerhttp://wiki.winehq.org/KaiBlin
Samba team member http://www.samba.org/samba/team/
--
Will code for cotton.


signature.asc
Description: This is a digitally signed message part.



Re: Should Wine move to LGPL 3?

2007-07-13 Thread Jan Zerebecki
The usual disclaimer, IANAL, yadda yadda.

On Fri, Jul 13, 2007 at 10:55:38PM +0200, Stefan Dösinger wrote:
 Hypothetial:
 Assumed ddraw.dll was signed by Microsoft. Now we have an app that checks for 
 this signature, and refuses to run otherwise. This app is not part of wine, 
 and it is not LGPLed. Now some company lures Microsoft into signing a 
 compiled ddraw.dll.so, and ships a wine build which makes that picky app 
 happy. They provide the source. A user recompiles, and cannot use his own 
 build because the non LGPL app, not shipped by that company refuses because 
 of a missing signature.
 
 Would the company shipping the signed DLL build be in violation of the LGPL 
 v3? They do not own the key, and they do not have any influence on the third 
 party app that refuses to run.

No, I think this is (perhaps deliberately?) not included in
requiring Installation Information:

GPLv3 6. Conveying Non-Source Forms. contains:
G If you convey an object code work under this section in, or
G with, or specifically for use in, a User Product, and the
G conveying occurs as part of a transaction in which the right of
G possession and use of the User Product is transferred to the
G recipient in perpetuity or for a fixed term (regardless of how
G the transaction is characterized), the Corresponding Source
G conveyed under this section must be accompanied by the
G Installation Information.

This is because object code and User Product (here the third
party app.) are in your case not part of a transaction (a as
in the meaning of one, can be derived from context), nor is the
origin the same in both transactions.

There is a twist, because our company didn't sign the
binaries in our hypothetical case, but Microsoft did. So
Microsoft would convey the object code to our company and thus
would need to obey it's licence.

Another twist is that the LGPL (both v3 and v2.1!) require that
the combined work will operate properly with a modified
version. So it seems that the LGPL v2.1 would already forbid
something like this case (obviously this affects the one who
wants to combine the work, be it a user who installs the third
party application or the third party who bundles wine with their
application).

 Scenario 2 doesn't have any technical restrictions, but Microsoft signing 
 Wine 
 code sounds like hell freezing over. But that was said about Novell-Like 
 contracts too.

Btw. the GPL v3 does only speak about something like technical
restriction in:

3. Protecting Users' Legal Rights From Anti-Circumvention Law.
No covered work shall be deemed part of an effective
technological measure under any applicable law...

This part does not try or want to forbid copy prevention (TPM
enforced or not). The LGPL also has an exception for this
section: You may convey a covered work [...] without being bound
by section 3 of the GNU GPL. .

The part that should prevent tivo-ization is the part about
Installation Information under 6. Conveying Non-Source
Forms., which avoids to talk about something like that.


I hope nothing slipped my mind here :) ,
Jan