Re: [Zope-dev] ZPL and GPL licensing issues

2001-06-20 Thread Gregor Hoffleit

On Wed, Jun 20, 2001 at 04:50:33PM +0200, Morten W. Petersen wrote:
> we @ thingamy are considering changing our license to a ZPL-ish one [1] to
> better serve our clients' needs.  However, some of the (Zope) products
> we've developed may need to rely on GPL'ed code, or needs to be
> incorporated within it, and the 'obnoxious advertising clause'
> seemingly puts a stop to it..
> 
> The ZPL is listed as a license incompatible with the GPL, but it doesn't
> really say clearly what the reason is, as far as we can figure, it's
> because of the advertising clause.
> 
> Anyways, I'm wondering if any of you have encountered the same issue
> developing Zope products and any solutions towards it.

I recently asked RMS about this exact question. He studied the license and
said that another problem field is that the license is not clear whether
modified versions can be distributed in binary form (paragraph 7 of the
ZPL).


I hope he doesn't mind me quoting the second part of his exact words:

"... If the Zope developers are willing to make just one change, I hope
they will clarify section 7 to clearly say that modified binaries may be
distributed if labeled as unofficial.

If they would like to make the license GPL-compatible as well, that
would require a few more changes:

* Section 4 would have to go.

* The license would have to allow distribution of modified sources, not
just source patches.

* Instead of saying that modified versions have to be "labeled as
unofficial", it would have to say they must be labeled as modified and
by whom.  (That is what the GPL requires.)

If they don't want to make that much change, well, being incompatible
with the GPL is unfortunate but not disastrous.  But I hope they will
clarify the issue of modified binaries, because that issue could be
disastrous.

Please invite them to contact me directly to talk about this.


I forwarded that mail to [EMAIL PROTECTED], but I have no idea if
consultations are going on between them.


Gregor

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Re: [Zope-dev] ZPL and GPL licensing issues

2001-06-20 Thread Jan-Oliver Wagner

Hi,

On Wed, Jun 20, 2001 at 04:50:33PM +0200, Morten W. Petersen wrote:
> Anyways, I'm wondering if any of you have encountered the same issue
> developing Zope products and any solutions towards it.

we (Intevation) would very much welcome if Zope would be licensed
with a GPL compatible license. Since Intevation never develops
software with licenses incompatible with GPL we may sooner
or later need to look for alternatives to Zope.

So, yes we see this as a serious issue and I hope the solution
will be to exchange the ZPL by a GPL-compatible one.

Jan

-- 
Jan-Oliver Wagner   http://intevation.de/~jan/

Intevation GmbH  http://intevation.de/
FreeGIShttp://freegis.org/

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RE: [Zope-dev] ZPL and GPL licensing issues

2001-06-20 Thread Federico Di Gregorio

On 20 Jun 2001 10:38:03 -0500, Steve Drees wrote:
> Here comes the liscence wars again.
> 
> Still haven't figured out how GPL became the holy grail.

the terms on the gpl are (by choice) the strictiest (does that word even
exists?) ever seen in a free software license. but a lot of people
'believe' in free software and have elected the gpl as their license of
choice. because of their true faith :) they are also pickier at license
compatibility. i am sure that the QPL and the ZPL are completely
incompatible but nobody cares because nobody really thinks that one is
better than the other... 

anyway, don't see it as a war. it is more like natural selection... 

federico (a real believer :) )

-- 
Federico Di Gregorio
MIXAD LIVE Chief of Research & Technology  [EMAIL PROTECTED]
Debian GNU/Linux Developer & Italian Press Contact[EMAIL PROTECTED]
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RE: [Zope-dev] ZPL and GPL licensing issues

2001-06-20 Thread Erik Enge

On 20 Jun 2001, Federico Di Gregorio wrote:

> i am sure that the QPL and the ZPL are completely incompatible but
> nobody cares because nobody really thinks that one is better than the
> other...

I might be misunderstanding here, if that's the case I appologies.

Just to clarify, for us at Thingamy (and I'm quite sure this is the real
case behind the license issues) it comes down to business-issues.  I do
very much care whether or not I can use a GPL Zope Python Product with my
ZPL/TPL Zope Python Product.  If I can't, and someone tells me I need to
relicense my product as GPL it would be very bad.

An example could be if I had application G, Z, P.  G is a GPL'ed Zope
Python Product, Z is a ZPL/TPL Zope Python Product and P is some
proprietory stuff I developed for my client.  Now, if the proprietory
application P interacts with my Z application and Z needs to become GPL,
then that would/could require the proprietary stuff I did for the client
to become GPL as well.

Then, I get hell.  If the client has to disclose their business
trade-secrets, the stuff that really makes them them, I'd be sued so hard
I'd see stars for another three decades :)

Or am I wrong (I'd absolutely love to be!)?


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Re: [Zope-dev] ZPL and GPL licensing issues

2001-06-20 Thread Gregor Hoffleit

On Wed, Jun 20, 2001 at 06:27:08PM +0200, Erik Enge wrote:
> On 20 Jun 2001, Federico Di Gregorio wrote:
> 
> > i am sure that the QPL and the ZPL are completely incompatible but
> > nobody cares because nobody really thinks that one is better than the
> > other...
> 
> I might be misunderstanding here, if that's the case I appologies.
> 
> Just to clarify, for us at Thingamy (and I'm quite sure this is the real
> case behind the license issues) it comes down to business-issues.  I do
> very much care whether or not I can use a GPL Zope Python Product with my
> ZPL/TPL Zope Python Product.  If I can't, and someone tells me I need to
> relicense my product as GPL it would be very bad.
> 
> An example could be if I had application G, Z, P.  G is a GPL'ed Zope
> Python Product, Z is a ZPL/TPL Zope Python Product and P is some
> proprietory stuff I developed for my client.  Now, if the proprietory
> application P interacts with my Z application and Z needs to become GPL,
> then that would/could require the proprietary stuff I did for the client
> to become GPL as well.

You're not allowed to distribute a derived work of GPL code with proprietary
code incorporated. I. e. if you want to use that GPL code in your work,
you'll have to make the proprietary code available under a GPL-compatible
license as well (not necessarily the GPL itself).

The Zope license doesn't even get into the play here. It's all between the
GPL and your proprietary license.

The crucial point is whether a work is a derived work of GPL code. The FSF
says that mixing pieces of proprietary and GPL scripts in an application is
a derived work indeed. Other people deny this.

Gregor


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RE: [Zope-dev] ZPL and GPL licensing issues

2001-06-20 Thread Federico Di Gregorio

On 20 Jun 2001 18:27:08 +0200, Erik Enge wrote:
> On 20 Jun 2001, Federico Di Gregorio wrote:
> 
> > i am sure that the QPL and the ZPL are completely incompatible but
> > nobody cares because nobody really thinks that one is better than the
> > other...
> 
> I might be misunderstanding here, if that's the case I appologies.

no, you're quite right. but we have two different problems here:

1/ your problem
2/ wheter a gpl zope product can exists

first some notes on 2. i don't know if python code loading other python
code counts as "linking" but if that is the case, no gpl zope product
can exists (same problem with python, but there is at least one
gpl-compatible release of python around.) 

for example, that's why psycopg, for example, is released under a double
license. you can use the gpl if your product is gpl'ed or the zpl when
using zpsycopgda in zope (and only then: you can include psycopg in your
code without respecting the gpl *only* when using zope and zpsycopgda.)

to your problem now... 

> Just to clarify, for us at Thingamy (and I'm quite sure this is the real
> case behind the license issues) it comes down to business-issues.  I do
> very much care whether or not I can use a GPL Zope Python Product with my
> ZPL/TPL Zope Python Product.  If I can't, and someone tells me I need to
> relicense my product as GPL it would be very bad.
>
> An example could be if I had application G, Z, P.  G is a GPL'ed Zope
> Python Product, Z is a ZPL/TPL Zope Python Product and P is some
> proprietory stuff I developed for my client.  Now, if the proprietory
> application P interacts with my Z application and Z needs to become GPL,
> then that would/could require the proprietary stuff I did for the client
> to become GPL as well.

you are quite right. but here, again, we have a lexical problem. are
zope products really linked? gpl forbids liking but there is no problem,
for example, in piping the data froma gpl'ed program to a proprietary
one. i can only say that **if** zope products count as linked, you can't
in any way use gpl code without releasing *all* the code under a gpl
compatible license (P included.)

anyway, is much better for you to ask the author of the gpl'ed program
for an alternate license. a lot of people will be happy to allow you to
use the program in a proprietary software for a little (or not so
little) fee... and if you have those problems is because you think
you'll make some money out of it, right?

other people won't and your only option is to rewrite the product or
(much better!) ask the customer to release under the gpl.

> Then, I get hell.  If the client has to disclose their business
> trade-secrets, the stuff that really makes them them, I'd be sued so hard
> I'd see stars for another three decades :)

i'll finish with some bad words, sorry: if the client is so worried
about intellectual property and secrets why is he even thinking about
free software? free software is good in a lot (in a different context i
would say 'all') of cases but imposes some constraints ont your work and
(unfortunately) *even* on your clients.

ciao,

federico

-- 
Federico Di Gregorio
MIXAD LIVE Chief of Research & Technology  [EMAIL PROTECTED]
Debian GNU/Linux Developer & Italian Press Contact[EMAIL PROTECTED]
  Qu'est ce que la folie? Juste un sentiment de liberté si
   fort qu'on en oublie ce qui nous rattache au monde... -- J. de Loctra


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Re: [Zope-dev] ZPL and GPL licensing issues

2001-06-20 Thread Jim Penny

On Wed, Jun 20, 2001 at 06:27:08PM +0200, Erik Enge wrote:
> On 20 Jun 2001, Federico Di Gregorio wrote:
> 
> > i am sure that the QPL and the ZPL are completely incompatible but
> > nobody cares because nobody really thinks that one is better than the
> > other...
> 
> I might be misunderstanding here, if that's the case I appologies.
> 
> Just to clarify, for us at Thingamy (and I'm quite sure this is the real
> case behind the license issues) it comes down to business-issues.  I do
> very much care whether or not I can use a GPL Zope Python Product with my
> ZPL/TPL Zope Python Product.  If I can't, and someone tells me I need to
> relicense my product as GPL it would be very bad.
> 
> An example could be if I had application G, Z, P.  G is a GPL'ed Zope
> Python Product, Z is a ZPL/TPL Zope Python Product and P is some
> proprietory stuff I developed for my client.  Now, if the proprietory
> application P interacts with my Z application and Z needs to become GPL,
> then that would/could require the proprietary stuff I did for the client
> to become GPL as well.
> 
> Then, I get hell.  If the client has to disclose their business
> trade-secrets, the stuff that really makes them them, I'd be sued so hard
> I'd see stars for another three decades :)
> 
> Or am I wrong (I'd absolutely love to be!)?

As far as I can tell you are wrong, but there are certainly gray
areas.  The last time this came up I wrote such a scenario up and 
tried to get FSF clarification.  Nothing ever came back.

The questions arise from the sections around the "mere aggregation"
paragraph.

Quoting:
  These requirements apply to the modified work as a whole.  If
  identifiable sections of that work are not derived from the Program,
  and can be reasonably considered independent and separate works in
  themselves, then this License, and its terms, do not apply to those
  sections when you distribute them as separate works.  But when you
  distribute the same sections as part of a whole which is a work based
  on the Program, the distribution of the whole must be on the terms of
  this License, whose permissions for other licensees extend to the
  entire whole, and thus to each and every part regardless of who wrote it.

  ...

  In addition, mere 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.

It appears to me, that, if you want to play it safe, you would 
not distribute the code under license G and license T on the same
medium.  It is certainly acceptable to call code released under
license G from code released under license T; but it is not clear
that you can do subclassing and such.

But, I think that if you clearly make sure that your programs are
identifiable stand-alone objects that invoke a GPL'ed program
via an API that could be (in principle) be reimplemented in by
a non-GPL program, you are fine.  

However, if you must modify the GPL program for your license T
program to work, make sure that you keep these modifications cleanly
separate.  (And feed them back upstream if at all possible).

But, 
http://www.fsf.org/copyleft/gpl-faq.html
has a lot of information.  Especially note the sections titled

Can I use the GPL for a plug-in for a non-free program?
What is the difference between "mere aggregation" and 
  "combining two modules into one program"?
and 
I'd like to incorporate GPL-covered software in my proprietary system. 
  Can I do this?

Something like Zope is a nightmare for GPL legalists.  Zope pre-exists
and is not GPL.  GPL plug-ins exist, but aren't at "arms-length" to
the extent of fork-and-exec.  Nevertheless, I find it difficult to
conceive that any author of a GPL plug-in is going to object to your
_using_ it.  The question is going to arise when you _extend_ it.

But be careful to read licensing of each package.
For example, Jerome Alet, author of ZShell has a somewhat stronger
position concerning his code.
See
http://cortex.unice.fr/~jerome/zshell/LICENSE

Also, as an aside, if this really concerns you, you might wish to
consider contacting the author of the GPL product.  There is nothing
to prevent him from giving you different licensing terms.  For
most GPL authors, this comes down to a simple question:  "Are
you trying to be excellent unto them", or are you trying to
"use slash and burn agriculture".  If you are using, improving,
giving feedback, writing documentation, helping publicise, or
otherwise aiding them, they are likely to cut you a bit of slack.
If you see the author as someone you can simply take advantage of,
he is not so likely to cooperate with you.

Jim Penny

> 
> 
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Re: [Zope-dev] ZPL and GPL licensing issues

2001-06-20 Thread Jan-Oliver Wagner

On Wed, Jun 20, 2001 at 10:38:03AM -0500, Steve Drees wrote:
> Here comes the liscence wars again.
> 
> Still haven't figured out how GPL became the holy grail.

The license dicussion takes place elsewhere as all of you
surely know. License wars tend to come up at various places
but are usually not competent discussions.

Thus I recommend not to start a thread on licensing basics
here at this place.

Jan

-- 
Jan-Oliver Wagner   http://intevation.de/~jan/

Intevation GmbH  http://intevation.de/
FreeGIShttp://freegis.org/

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Re: [Zope-dev] ZPL and GPL licensing issues

2001-06-20 Thread Gregor Hoffleit

Hmm, I think this discussion doesn't belong to zope-dev.

Still, for those interested in that topic: I raised a similar question on
the debian-legal mailing list just yesterday ("Q: Combining proprietary code
and GPL for in-house use"). The discussion is still ongoing, and it
certainly gives you some insight in the topic:

http://www.geocrawler.com/lists/3/Debian-Linux/208/25/5997636/

Just a few points: It looks that from the viewpoint of the FSF, when you're
using the header files of a GPL library, you already have to accept the
license.



On Wed, Jun 20, 2001 at 01:12:20PM -0400, Jim Penny wrote:
> It appears to me, that, if you want to play it safe, you would 
> not distribute the code under license G and license T on the same
> medium.  It is certainly acceptable to call code released under
> license G from code released under license T; but it is not clear
> that you can do subclassing and such.

I think this is wrong. Providing things on the same media is "mere
aggregation" and therefore not a problem on its own.

It's not acceptable, though, to distribute a proprietary program that has to
be linked with a GPL component by the customer--even if you distribute this
on separate medias!

If you're interested in this, feel free to come over to debian-legal and
read the ongoing discussion.

Gregor


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Re: [Zope-dev] ZPL and GPL licensing issues

2001-06-20 Thread Jim Penny

On Wed, Jun 20, 2001 at 08:05:43PM +0200, Gregor Hoffleit wrote:
> On Wed, Jun 20, 2001 at 01:12:20PM -0400, Jim Penny wrote:
> > It appears to me, that, if you want to play it safe, you would 
> > not distribute the code under license G and license T on the same
> > medium.  It is certainly acceptable to call code released under
> > license G from code released under license T; but it is not clear
> > that you can do subclassing and such.
> 
> I think this is wrong. Providing things on the same media is "mere
> aggregation" and therefore not a problem on its own.

BTW, I was responding to a question implicit in the original message,
but not explicitly asked.  The question is "How do I minimize risk of
inadvertant 'GPL Contamination'?".  In this view, if you never distribute
GPL and non-GPL code on the same medium, you have made a small step
in making sure that they are considered as separate entities.

After all, one of the more ambiguous part of the GPL is what is
"mere aggregation" and what is a "combined work".  It is somewhat
easier to consider something a combined work if it is always distributed
with GPL code.

Jim
> 
> It's not acceptable, though, to distribute a proprietary program that has to
> be linked with a GPL component by the customer--even if you distribute this
> on separate medias!
> 
> If you're interested in this, feel free to come over to debian-legal and
> read the ongoing discussion.
> 
> Gregor
> 
> 

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Re: [Zope-dev] ZPL and GPL licensing issues

2001-06-20 Thread Federico Di Gregorio

On 20 Jun 2001 13:12:20 -0400, Jim Penny wrote:

> Also, as an aside, if this really concerns you, you might wish to
> consider contacting the author of the GPL product.  There is nothing
> to prevent him from giving you different licensing terms.  For
> most GPL authors, this comes down to a simple question:  "Are
> you trying to be excellent unto them", or are you trying to
> "use slash and burn agriculture".  If you are using, improving,
> giving feedback, writing documentation, helping publicise, or
> otherwise aiding them, they are likely to cut you a bit of slack.
> If you see the author as someone you can simply take advantage of,
> he is not so likely to cooperate with you.

i think this express extremely what i (we?) feel. as long as you give
back *something* you're wellcome.

ciao,
federico

-- 

Federico Di Gregorio
MIXAD LIVE Chief of Research & Technology  [EMAIL PROTECTED]
Debian GNU/Linux Developer & Italian Press Contact[EMAIL PROTECTED]
  The reverse side also has a reverse side.  -- Japanese proverb


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Re: [Zope-dev] ZPL and GPL licensing issues

2001-06-20 Thread Michel Pelletier

On Wed, 20 Jun 2001, Gregor Hoffleit wrote:

> Hmm, I think this discussion doesn't belong to zope-dev.

It's very informitive to me so far.  I have no problem with discussing it
here.

-Michel


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Re: [Zope-dev] ZPL and GPL licensing issues

2001-06-21 Thread Erik Enge

On Wed, 20 Jun 2001, Gregor Hoffleit wrote:

> You're not allowed to distribute a derived work of GPL code with proprietary
> code incorporated.

Ok, this is the situation.  We in Thingamy usually create all our products
under the GPL.  Then we give the whole shebang to the client we have been
working for and they have all the lovely rights that they should have.  If
they want to redistribute, they can.

Then, we have the other clients, that's the clients that are scared
shitless from the GPL because if someone gets ahold of the code, that is
their business-processes, it could be devastating for their business.  It
is a semi-legitimate fear, but only if they have the intention of actually
redistributing the code (eg. becomming software-vendors, which some
actually want to do...).

If I have the proprietory program P (that is the clients business-process
workflow application *phew*) as a Zope Python Product and then we have
Morten's GUM under the GPL, which also is a Zope Python Product, can P
application utilise GUM without having to be relicensed as GPL?  (And I
realise that the word "utilise" is ambigous, that was intentional.)

To ask again, if it was unclear: can I use GPL Zope Python Products with
non-copylefted Zope Python Products without relicensing?  It is imperative
for me as a professional Zope-developer (ie, I charge for my services) to
know the answer to that question, and I should think it is vital to other
developers as well.

Surely someone from DC already as the answer?

Another question which I feel is very related, and to which I cannot get
any real clarification:  Can Zope run GPL Zope Python Products without
being relicensed as GPL?

All the GPL Zope Python Products I've writted as subclassed from
Persistent, for example.

> I. e. if you want to use that GPL code in your work, you'll have to
> make the proprietary code available under a GPL-compatible license as
> well (not necessarily the GPL itself).

"use [...] in your work", what does that mean?  Subclassing?  Interaction
between the products in a management-interface?
 
> The Zope license doesn't even get into the play here. It's all between
> the GPL and your proprietary license.

Hm.  What about a ZPL Zope Python Product and a GPL Zope Python
Product?  Isn't the problem exactly the same?


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Re: [Zope-dev] ZPL and GPL licensing issues

2001-06-21 Thread Federico Di Gregorio

i'll try to answer as clearly as possible but remeber that what follows
are *my* oppinions, not mixad live's nor debian's.

On 21 Jun 2001 10:52:28 +0200, Erik Enge wrote:
> On Wed, 20 Jun 2001, Gregor Hoffleit wrote:
[snip]
> If I have the proprietory program P (that is the clients business-process
> workflow application *phew*) as a Zope Python Product and then we have
> Morten's GUM under the GPL, which also is a Zope Python Product, can P
> application utilise GUM without having to be relicensed as GPL?  (And I
> realise that the word "utilise" is ambigous, that was intentional.)

if your product derives from GUM or uses internal interfaces, no, you
can't. if your product uses only well the defined external api or access
gum through zope, then, imho, yes.

> Another question which I feel is very related, and to which I cannot get
> any real clarification:  Can Zope run GPL Zope Python Products without
> being relicensed as GPL?

good question. imho, licensing a zope product under gpl is a non-sense
because you won't be able to use it (usually products inherit on zope
classes) and respect the gpl at the same time. that's why i always
release under a double license. i really hope dc will release zope under
a gpl compatible license soon or later.

> "use [...] in your work", what does that mean?  Subclassing?  Interaction
> between the products in a management-interface?

i personally consider subclassing as linking.

> Hm.  What about a ZPL Zope Python Product and a GPL Zope Python
> Product?  Isn't the problem exactly the same?

yes. terrible, terrible problem. but, please don't see that as a
"license war". different people like different licenses for different
reasons and that's Right (TM). this "war" is just all of us trying to
cooperate to put free software to a better use.

federico 

-- 
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MIXAD LIVE Chief of Research & Technology  [EMAIL PROTECTED]
Debian GNU/Linux Developer & Italian Press Contact[EMAIL PROTECTED]
  The number of the beast: vi vi vi. -- Delexa Jones


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Re: [Zope-dev] ZPL and GPL licensing issues

2001-06-21 Thread Erik Enge

On 21 Jun 2001, Federico Di Gregorio wrote:

> if your product derives from GUM or uses internal interfaces, no, you
> can't. if your product uses only well the defined external api or
> access gum through zope, then, imho, yes.

Ok, that's good.  Then it means we can potentially use GPL Zope Python
Products with non-copyleft ones.
 
> good question. imho, licensing a zope product under gpl is a non-sense
> because you won't be able to use it (usually products inherit on zope
> classes) and respect the gpl at the same time. that's why i always
> release under a double license. i really hope dc will release zope
> under a gpl compatible license soon or later.

Because if you have a gpl-compatible license you dont have to relicense to
redistribute, right?
 
> yes. terrible, terrible problem. but, please don't see that as a
> "license war". different people like different licenses for different
> reasons and that's Right (TM). this "war" is just all of us trying to
> cooperate to put free software to a better use.

Amen to that :-)


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Re: [Zope-dev] ZPL and GPL licensing issues

2001-06-21 Thread Nils Kassube

* Jim Penny <[EMAIL PROTECTED]> [2001-06-20 19:12]:
 
> As far as I can tell you are wrong, but there are certainly gray
> areas.  The last time this came up I wrote such a scenario up and 
> tried to get FSF clarification.  Nothing ever came back.

I got a clarification from the FSF. It's in the mailing list
archives at

http://lists.zope.org/pipermail/zope/2000-September/118024.html

Some topics never die :-) 

Cheers,
Nils

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Re: [Zope-dev] ZPL and GPL licensing issues

2001-06-21 Thread Toby Dickenson

On Wed, 20 Jun 2001 16:50:33 +0200 (CEST), "Morten W. Petersen"
<[EMAIL PROTECTED]> wrote:

>and the 'obnoxious advertising clause'
>seemingly puts a stop to it..

I understand that 'obnoxious advertising clause' is the phrase used by
the FSF to describe this type of license clause, however I wonder
whether you (personally, or as an organisation) really find it to be
'obnoxious'?

Personally, I am *happy* to respect clause 4.

Toby Dickenson
[EMAIL PROTECTED]

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Re: [Zope-dev] ZPL and GPL licensing issues

2001-06-21 Thread Gregor Hoffleit

On Thu, Jun 21, 2001 at 11:47:49AM +0100, Toby Dickenson wrote:
> On Wed, 20 Jun 2001 16:50:33 +0200 (CEST), "Morten W. Petersen"
> <[EMAIL PROTECTED]> wrote:
> 
> >and the 'obnoxious advertising clause'
> >seemingly puts a stop to it..
> 
> I understand that 'obnoxious advertising clause' is the phrase used by
> the FSF to describe this type of license clause, however I wonder
> whether you (personally, or as an organisation) really find it to be
> 'obnoxious'?
> 
> Personally, I am *happy* to respect clause 4.



Please, don't try to critize the FSF just for the fun of it.


Have you read the FSF's comment about the original 'obnoxious advertising
clause' ? The problem is a practical one, and a real one: The old BSD
license said that, if you incorporated their code in your product, every
advertisement for your product had to carry this line:

 This product includes software developed by the University of
 California, Berkeley and its contributors.

As long as there was only this UCB license, this was no real problem. But
imagine you're preparing a *BSD distribution, and you're using material from
a dozen different sources. Would you like to include something like this in
every advertisement for a *BSD CD-ROM ?

 This product includes software developed by the University of
 Clifornia, Berkeley and its contributors.
 This product includes software developed by the University of
 Dalifornia, Derkeley and its contributors.
 This product includes software developed by the University of
 Edinburgh, UK and its contributors.
 This product includes software developed by the University of
 Frankfurt, Germany, and its contributors. 
 This product includes software developed by Gimian Inc., MA, 
 and its contributors.
 This product includes software developed by Himian Inc., MA,
 and its contributors.
 This product includes software developed by Kimian Inc., MA, 
 and its contributors.
 This product includes software developed by Limian Inc., MA, 
 and its contributors.
 This product includes software developed by Nimian Inc., MA, 
 and its contributors.
 This product includes software developed by Ximian Inc., MA, 
 and its contributors.
 This product includes software developed by Ximian Inc., MA, 
 and its contributors.
 This product includes software developed by Timian Inc., MA,
 and its contributors.
 This product includes software developed by Mark Red, NY,
 and other contributors.
 This product includes software developed by Mark Brown, OH,
 and other contributors. 
 This product includes software developed by Mark Green, IL,
 and other contributors.
 This product includes software developed by Mark Blue, IL,
 and other contributors. 
 This product includes software developed by the University of
 Taipeh, Taiwan and its contributors. 
 This product includes software developed by the University of
 Greenland and its contributors. 


This is why the FSF calls this clause obnoxious
(http://www.gnu.org/philosophy/bsd.html).

I don't know about you, but IMHO they're right at this point.

Gregor



PS: Please also note that the University of California, where this clause
originated, has removed it from their licenses. I don't think they did it
without a reason.

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Re: [Zope-dev] ZPL and GPL licensing issues

2001-06-21 Thread Erik Enge

On Thu, 21 Jun 2001, Nils Kassube wrote:

> * Jim Penny <[EMAIL PROTECTED]> [2001-06-20 19:12]:
>  
> > As far as I can tell you are wrong, but there are certainly gray
> > areas.  The last time this came up I wrote such a scenario up and 
> > tried to get FSF clarification.  Nothing ever came back.
> 
> I got a clarification from the FSF. It's in the mailing list archives
> at [...]

So, the outcome is that one cannot use GPL Zope Python Products and
distribute the system.  That sounds logical, since ZPL is not GPL
compatible.

What then, is to "distribute the system"?  If I install GUM (GPL) on a
clients Zope instance, have I distributed anything?  Is it putting it on
the same website, same tarball, under the same invoice of consultant
services or what?  Help.

Can I raise I question without getting flamed (since the question isn't
rethorical but a sincear one): was the "advertisement"-clauses in the ZPL
meant to secure Zope's progress to become a big and respected piece of
software?  Has it not secured that now?  My real question is: what good
will the advertisement-clauses do us now?  What harm would it do to remove
them?  (No, that last one isn't rethorical :-)


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RE: [Zope-dev] ZPL and GPL licensing issues

2001-06-21 Thread Toby Dickenson

> > >and the 'obnoxious advertising clause'
> > >seemingly puts a stop to it..
> > 
> > I understand that 'obnoxious advertising clause' is the 
> phrase used by
> > the FSF to describe this type of license clause, however I wonder
> > whether you (personally, or as an organisation) really find it to be
> > 'obnoxious'?
> > 
> > Personally, I am *happy* to respect clause 4.
> 
> Please, don't try to critize the FSF just for the fun of it.

I did not intend any fun, nor criticism.
 
> Have you read the FSF's comment about the original 'obnoxious 
> advertising
> clause' ? The problem is a practical one, and a real one: The old BSD
> license said that, if you incorporated their code in your 
> product, every
> advertisement for your product had to carry this line:
> 
>  This product includes software developed by the University of
>  California, Berkeley and its contributors.

Yes, but thats *not* what the ZPL clause 4 says.

ZPL says you only need to include the acknowledgement in an
advertisement "mentioning features derived from or use of
this software".

As I read this you need not include the acknowlegement if
your advertisement:
a. does not mention features derived from Zope
b. does not mention that it uses Zope



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Re: [Zope-dev] ZPL and GPL licensing issues

2001-06-21 Thread Gregor Hoffleit

On Thu, Jun 21, 2001 at 12:50:03PM +0100, Toby Dickenson wrote:
> > Please, don't try to critize the FSF just for the fun of it.
> 
> I did not intend any fun, nor criticism.
>  
> > Have you read the FSF's comment about the original 'obnoxious 
> > advertising
> > clause' ? The problem is a practical one, and a real one: The old BSD
> > license said that, if you incorporated their code in your 
> > product, every
> > advertisement for your product had to carry this line:
> > 
> >  This product includes software developed by the University of
> >  California, Berkeley and its contributors.
> 
> Yes, but thats *not* what the ZPL clause 4 says.
> 
> ZPL says you only need to include the acknowledgement in an
> advertisement "mentioning features derived from or use of
> this software".
> 
> As I read this you need not include the acknowlegement if
> your advertisement:
> a. does not mention features derived from Zope
> b. does not mention that it uses Zope

Ooops, sorry, yes, you're right. I misread your posting.

The original BSD license indeed can be obnoxious (I hope you agree).

The ZPL has a few precautions against this (additionally to a. and b.,
there's also the exception that the clause is waived when the product
includes an 'intact Zope distribution'), so this is certainly much better
than the original BSD clause. Point taken.

Gregor


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Re: [Zope-dev] ZPL and GPL licensing issues

2001-06-21 Thread Jim Penny

On Thu, Jun 21, 2001 at 12:28:01PM +0200, Nils Kassube wrote:
> * Jim Penny <[EMAIL PROTECTED]> [2001-06-20 19:12]:
>  
> > As far as I can tell you are wrong, but there are certainly gray
> > areas.  The last time this came up I wrote such a scenario up and 
> > tried to get FSF clarification.  Nothing ever came back.
> 
> I got a clarification from the FSF. It's in the mailing list
> archives at
> 
> http://lists.zope.org/pipermail/zope/2000-September/118024.html
> 
> Some topics never die :-) 

I went and reread the "clarification".

OK, consider this from another point of view.  If I have an operating
system may I install a piece of GPL software on the operating system?
May I redistribute the operating system?  With the GPL software?
May I invoke/run the GPL software?

My understanding is that the answer to every one of these is yes.

May I modify the GPL software and distribute it without giving
downstream the same opportunity.  Clearly no.

Now, s/operating system/zope/g

Do the answers to the questions change?  And, if so, why?

>From my perspective, and I think from fog's the answer is that
it should not change the answers.

Maybe the easy way out of this is to simply declare zope an
"operating system" rather than an "application".  Snippy
thoughts cut here.

> 
> Cheers,
> Nils
> 
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Re: [Zope-dev] ZPL and GPL licensing issues

2001-06-21 Thread Federico Di Gregorio

On 21 Jun 2001 11:08:30 -0400, Jim Penny wrote:
[snip]
> OK, consider this from another point of view.  If I have an operating
> system may I install a piece of GPL software on the operating system?
> May I redistribute the operating system?  With the GPL software?
> May I invoke/run the GPL software?
> 
> My understanding is that the answer to every one of these is yes.

yes. only if it is free. only if it is free. yes, but only because gpl
allows for gpl code linking with the major components of the os even if
they are proprietary.

> May I modify the GPL software and distribute it without giving
> downstream the same opportunity.  Clearly no.
> 
> Now, s/operating system/zope/g
> 
> Do the answers to the questions change?  And, if so, why?
> 
> >From my perspective, and I think from fog's the answer is that
> it should not change the answers.

err, no. if you write an external module using only python code, as long
as you use a gpl-compatible python to run zope, you can call your
external code from zope. if you write a product suclassing dc code,
you're effectively 'linking' and gpl limitations apply. 

> Maybe the easy way out of this is to simply declare zope an
> "operating system" rather than an "application".  Snippy
> thoughts cut here.

eheh. nice try... :)

-- 
Federico Di Gregorio
MIXAD LIVE Chief of Research & Technology  [EMAIL PROTECTED]
Debian GNU/Linux Developer & Italian Press Contact[EMAIL PROTECTED]
   Don't dream it. Be it. -- Dr. Frank'n'further


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Re: [Zope-dev] ZPL and GPL licensing issues

2001-06-21 Thread Gregor Hoffleit

On Thu, Jun 21, 2001 at 11:08:30AM -0400, Jim Penny wrote:
> OK, consider this from another point of view.  If I have an operating
> system may I install a piece of GPL software on the operating system?
> May I redistribute the operating system?  With the GPL software?
> May I invoke/run the GPL software?
> 
> My understanding is that the answer to every one of these is yes.
> 
> May I modify the GPL software and distribute it without giving
> downstream the same opportunity.  Clearly no.
> 
> Now, s/operating system/zope/g
> 
> Do the answers to the questions change?  And, if so, why?
> 
> >From my perspective, and I think from fog's the answer is that
> it should not change the answers.
> 
> Maybe the easy way out of this is to simply declare zope an
> "operating system" rather than an "application".  Snippy
> thoughts cut here.

The specific exception in the GPL reads:

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.e. if you declared Zope an operating system on its own (which is certainly
arguable), then you could link GPL components with Zope (be it scripts, Zope
products, or C libraries) without worrying about the license of Zope.

Still, this would not include add-ons to Zope that are not distributed with
the main Zope distribution.

I.e. you would not be allowed to use ZPL add-on products alongside with GPL
components (the add-ons didn't come with the OS, therefore the exception
doesn't cover them).

Strange, isn't it ?


Gregor


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Re: [Zope-dev] ZPL and GPL licensing issues

2001-06-21 Thread Jim Penny

On Thu, Jun 21, 2001 at 05:18:40PM +0200, Federico Di Gregorio wrote:
> On 21 Jun 2001 11:08:30 -0400, Jim Penny wrote:
> [snip]
> > OK, consider this from another point of view.  If I have an operating
> > system may I install a piece of GPL software on the operating system?
> > May I redistribute the operating system?  With the GPL software?
> > May I invoke/run the GPL software?
> > 
> > My understanding is that the answer to every one of these is yes.
> 
> yes. only if it is free. only if it is free. yes, but only because gpl
> allows for gpl code linking with the major components of the os even if
> they are proprietary.

Uh, you might want to reconsider the "only if it is free" parts.  After
all Interix had a business of selling GPL software for a non-free
OS.  Now Microsoft has that business (NT Services for Unix Pack).
IBM distributes gcc and perl.  Cygwin sells GPL software for non-free
OS's.

> 
> > May I modify the GPL software and distribute it without giving
> > downstream the same opportunity.  Clearly no.
> > 
> > Now, s/operating system/zope/g
> > 
> > Do the answers to the questions change?  And, if so, why?
> > 
> > >From my perspective, and I think from fog's the answer is that
> > it should not change the answers.
> 
> err, no. if you write an external module using only python code, as long
> as you use a gpl-compatible python to run zope, you can call your
> external code from zope. if you write a product suclassing dc code,
> you're effectively 'linking' and gpl limitations apply. 

GPL limitations apply to whom:  To you, the developer?  To a
downstream user invoking the product via dtml-call or dtml-var or their
pythonish equivalents?  To a downstream developer who modifies your
product and redistibutes the modified product?  To a downstream
developer who writes a component that invokes the GPL component?

In my mind the only sensible answers are developer - no,
user - no (but see Jerome Alet's codacil), downstream modifier - yes,
downstream developer who uses - no.

The only other sensible option is that, indeed, no one may distribute
GPL components for Zope, including the original developer.

> 
> > Maybe the easy way out of this is to simply declare zope an
> > "operating system" rather than an "application".  Snippy
> > thoughts cut here.
> 
> eheh. nice try... :)
> 
> -- 
> Federico Di Gregorio
> MIXAD LIVE Chief of Research & Technology  [EMAIL PROTECTED]
> Debian GNU/Linux Developer & Italian Press Contact[EMAIL PROTECTED]
>Don't dream it. Be it. -- Dr. Frank'n'further
> 

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Re: [Zope-dev] ZPL and GPL licensing issues

2001-06-21 Thread Federico Di Gregorio

On 21 Jun 2001 11:39:37 -0400, Jim Penny wrote:
> On Thu, Jun 21, 2001 at 05:18:40PM +0200, Federico Di Gregorio wrote:
> > On 21 Jun 2001 11:08:30 -0400, Jim Penny wrote:
> > [snip]
> > > OK, consider this from another point of view.  If I have an operating
> > > system may I install a piece of GPL software on the operating system?
> > > May I redistribute the operating system?  With the GPL software?
> > > May I invoke/run the GPL software?
> > > 
> > > My understanding is that the answer to every one of these is yes.
> > 
> > yes. only if it is free. only if it is free. yes, but only because gpl
> > allows for gpl code linking with the major components of the os even if
> > they are proprietary.
> 
> Uh, you might want to reconsider the "only if it is free" parts.  After
> all Interix had a business of selling GPL software for a non-free
> OS.  Now Microsoft has that business (NT Services for Unix Pack).
> IBM distributes gcc and perl.  Cygwin sells GPL software for non-free
> OS's.

ops. ok, poorly worded. third parties can distribute only if the os is
free, vendor can do as he please, obviously...

[snip]
> > err, no. if you write an external module using only python code, as long
> > as you use a gpl-compatible python to run zope, you can call your
> > external code from zope. if you write a product suclassing dc code,
> > you're effectively 'linking' and gpl limitations apply. 
> 
> GPL limitations apply to whom:  To you, the developer?  To a
> downstream user invoking the product via dtml-call or dtml-var or their
> pythonish equivalents?  To a downstream developer who modifies your
> product and redistibutes the modified product?  To a downstream
> developer who writes a component that invokes the GPL component?
> 
> In my mind the only sensible answers are developer - no,
> user - no (but see Jerome Alet's codacil), downstream modifier - yes,
> downstream developer who uses - no.
> 
> The only other sensible option is that, indeed, no one may distribute
> GPL components for Zope, including the original developer.

as i said before, writing gpl code subclassing zope is a non-sense. even
the author cannot, imho, redistribute its work with a plain gpl attached
to it. the gpl says that if you link with gpl code *all* the code should
be gpl or gpl-compatible (major os components like clibs, compilers, etc
are an exception). so even the author cannot do that without licensing
under gpl plus some exception ("as a special exception you're allowed to
link this code with zope or any other zope product distributed under the
zpl".) see the (in)famous gpl vs. qt thread in the debian mailing lists
for an in-depth analisys of this problem.

ciao,
federico

-- 
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MIXAD LIVE Chief of Research & Technology  [EMAIL PROTECTED]
Debian GNU/Linux Developer & Italian Press Contact[EMAIL PROTECTED]
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Re: [Zope-dev] ZPL and GPL licensing issues

2001-06-21 Thread Jim Penny

> > > err, no. if you write an external module using only python code, as long
> > > as you use a gpl-compatible python to run zope, you can call your
> > > external code from zope. if you write a product suclassing dc code,
> > > you're effectively 'linking' and gpl limitations apply. 
> > 
> > GPL limitations apply to whom:  To you, the developer?  To a
> > downstream user invoking the product via dtml-call or dtml-var or their
> > pythonish equivalents?  To a downstream developer who modifies your
> > product and redistibutes the modified product?  To a downstream
> > developer who writes a component that invokes the GPL component?
> > 
> > In my mind the only sensible answers are developer - no,
> > user - no (but see Jerome Alet's codacil), downstream modifier - yes,
> > downstream developer who uses - no.
> > 
> > The only other sensible option is that, indeed, no one may distribute
> > GPL components for Zope, including the original developer.
> 
> as i said before, writing gpl code subclassing zope is a non-sense. even
> the author cannot, imho, redistribute its work with a plain gpl attached
> to it. the gpl says that if you link with gpl code *all* the code should
> be gpl or gpl-compatible (major os components like clibs, compilers, etc
> are an exception). so even the author cannot do that without licensing
> under gpl plus some exception ("as a special exception you're allowed to
> link this code with zope or any other zope product distributed under the
> zpl".) see the (in)famous gpl vs. qt thread in the debian mailing lists
> for an in-depth analisys of this problem.
> 
> ciao,
> federico

OK, this is essentially what I wanted.  Now the problem is completely
distilled.

DC and FSF somehow have to come to some understandings of the following
questions.

Can a GPL (unmodified) component be distributed for Zope (at all)?
Can a GPL (modified per fog) component be distributed for Zope?
If yes to either, may the component be invoked (dtml-var, dtml-call,
or equivalent) from a non-GPL component?
If yes to either, may the component be subclassed by a non-GPL component?

Jim

> 
> -- 
> Federico Di Gregorio
> MIXAD LIVE Chief of Research & Technology  [EMAIL PROTECTED]
> Debian GNU/Linux Developer & Italian Press Contact[EMAIL PROTECTED]
>   The number of the beast: vi vi vi. -- Delexa Jones
> 

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Re: [Zope-dev] ZPL and GPL licensing issues

2001-06-21 Thread Casey Duncan

Federico Di Gregorio wrote:
> 
> On 21 Jun 2001 11:39:37 -0400, Jim Penny wrote:
> > On Thu, Jun 21, 2001 at 05:18:40PM +0200, Federico Di Gregorio wrote:
> > > On 21 Jun 2001 11:08:30 -0400, Jim Penny wrote:
> > > [snip]
> > > > OK, consider this from another point of view.  If I have an operating
> > > > system may I install a piece of GPL software on the operating system?
> > > > May I redistribute the operating system?  With the GPL software?
> > > > May I invoke/run the GPL software?
> > > >
> > > > My understanding is that the answer to every one of these is yes.
> > >
> > > yes. only if it is free. only if it is free. yes, but only because gpl
> > > allows for gpl code linking with the major components of the os even if
> > > they are proprietary.
> >
> > Uh, you might want to reconsider the "only if it is free" parts.  After
> > all Interix had a business of selling GPL software for a non-free
> > OS.  Now Microsoft has that business (NT Services for Unix Pack).
> > IBM distributes gcc and perl.  Cygwin sells GPL software for non-free
> > OS's.
> 
> ops. ok, poorly worded. third parties can distribute only if the os is
> free, vendor can do as he please, obviously...
> 
> [snip]
> > > err, no. if you write an external module using only python code, as long
> > > as you use a gpl-compatible python to run zope, you can call your
> > > external code from zope. if you write a product suclassing dc code,
> > > you're effectively 'linking' and gpl limitations apply.
> >
> > GPL limitations apply to whom:  To you, the developer?  To a
> > downstream user invoking the product via dtml-call or dtml-var or their
> > pythonish equivalents?  To a downstream developer who modifies your
> > product and redistibutes the modified product?  To a downstream
> > developer who writes a component that invokes the GPL component?
> >
> > In my mind the only sensible answers are developer - no,
> > user - no (but see Jerome Alet's codacil), downstream modifier - yes,
> > downstream developer who uses - no.
> >
> > The only other sensible option is that, indeed, no one may distribute
> > GPL components for Zope, including the original developer.
> 
> as i said before, writing gpl code subclassing zope is a non-sense. even
> the author cannot, imho, redistribute its work with a plain gpl attached
> to it. the gpl says that if you link with gpl code *all* the code should
> be gpl or gpl-compatible (major os components like clibs, compilers, etc
> are an exception). so even the author cannot do that without licensing
> under gpl plus some exception ("as a special exception you're allowed to
> link this code with zope or any other zope product distributed under the
> zpl".) see the (in)famous gpl vs. qt thread in the debian mailing lists
> for an in-depth analisys of this problem.
> 

To me this is the key point. If you GPL license a product (or other
software) for Zope, you cannot subclass ZPL coded classes in your
product without violating the GPL. This makes a strict GPL license
nearly useless for Zope development and incompatible (license-wise) with
Zope itself. What bugs me is when people point to the ZPL being the
"problem", it is the GPL that is the limiting factor IMEHO. 
-- 
| Casey Duncan
| Kaivo, Inc.
| [EMAIL PROTECTED]
`-->

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Re: [Zope-dev] ZPL and GPL licensing issues

2001-06-21 Thread Gregor Hoffleit

On Thu, Jun 21, 2001 at 10:02:34AM -0600, Casey Duncan wrote:
> To me this is the key point. If you GPL license a product (or other
> software) for Zope, you cannot subclass ZPL coded classes in your
> product without violating the GPL. This makes a strict GPL license
> nearly useless for Zope development and incompatible (license-wise) with
> Zope itself. What bugs me is when people point to the ZPL being the
> "problem", it is the GPL that is the limiting factor IMEHO. 

But that's a little bit like standing in front of a mountain and saying "Go
away", isn't it ?

>From the viewpoint of the GPL, the ZPL is the limiting factor, since it
employs restrictions (does it really ???) regarding the distribution of
binaries, and since it has a advertisement clause that restricts your right
to distribute Zope.

On the other side, from the viewpoint of the ZPL, these requirements of the
GPL are the limiting factor.

But I'm afraid the discussion on who's guilty won't solve the problem, which
indeed is perceived by all of us (is it ?).

Gregor


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Re: [Zope-dev] ZPL and GPL licensing issues

2001-06-21 Thread Oliver Bleutgen

>> as i said before, writing gpl code subclassing zope is a non-sense. even
>> the author cannot, imho, redistribute its work with a plain gpl attached
>> to it. the gpl says that if you link with gpl code *all* the code should
>> be gpl or gpl-compatible (major os components like clibs, compilers, etc
>> are an exception). so even the author cannot do that without licensing
>> under gpl plus some exception ("as a special exception you're allowed to
>> link this code with zope or any other zope product distributed under the
>> zpl".) see the (in)famous gpl vs. qt thread in the debian mailing lists
>> for an in-depth analisys of this problem.


> To me this is the key point. If you GPL license a product (or other
> software) for Zope, you cannot subclass ZPL coded classes in your
> product without violating the GPL. This makes a strict GPL license
> nearly useless for Zope development and incompatible (license-wise) with
> Zope itself. What bugs me is when people point to the ZPL being the
> "problem", it is the GPL that is the limiting factor IMEHO.
> --
> | Casey Duncan
> | Kaivo, Inc.
> | [EMAIL PROTECTED]
> `-->

Either this is wrong, or I don't get it. 

The GPL talks just about _distribution_ of a product,
or more precisely, about the rights of _others_
for distribution.
I can distribute my products with any license I want,
who should have a problem with that and what license
may be violated?
To cite the GPL:
"You must cause 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

"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. "

and (from the GPL-FAQ):

"Is the developer of a GPL-covered program bound by the GPL? 
Could the developer's actions ever be a violation of the GPL?

Strictly speaking, the GPL is a license from the developer for 
others to use, distribute and change the program. 
The developer itself is not bound by it, 
so no matter what the developer does, 
this is not a "violation" of the GPL. 
However, if the developer does something that would violate the 
GPL if done by someone else, the developer will surely 
lose moral standing in the community. "

I.e. I also can publish internet explorer specific
javascript under the gpl (or vb-macros for that 
matter).

and (also from the GPL-FAQ)

"I'm writing a Windows application with Microsoft Visual C++ 
and I will be releasing it under the GPL. Is dynamically 
linking my program with the Visual C++ run-time library 
permitted under the GPL?

Yes, because that run-time library normally accompanies 
the compiler you are using."


The only problem I see is when someone (DC) wants
to incorporate someone else's GPLed product 
together with zope, or when someone wants to modify 
someone elses GPLed zope product and distribute it.

But I think even the second part isn't a problem,
because the GPL says (under section 2, the "viral"
part):

"These requirements apply to the modified work as a whole. 
If identifiable sections of that work are not derived from the 
Program, and can be reasonably considered independent and 
separate works in themselves, then this License, and its 
terms, do not apply to those sections when you distribute 
them as separate works. But when you distribute the same 
sections as part of a whole which is a work based on the Program, 
the distribution of the whole must be on the terms of this License, 
whose permissions for other licensees extend to the entire whole, 
and thus to each and every part regardless of who wrote it. "

For me that means that as long as I distribute someone elses
GPL'ed zope product without zope, it's ok. I guess that we
all are in agreement that zope "can be reasonably considered
independent and separate work in themselves".


cheers,
oliver

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Re: [Zope-dev] ZPL and GPL licensing issues

2001-06-21 Thread Bill Anderson

On 21 Jun 2001 17:18:40 +0200, Federico Di Gregorio wrote:
> On 21 Jun 2001 11:08:30 -0400, Jim Penny wrote:
> [snip]
> > OK, consider this from another point of view.  If I have an operating
> > system may I install a piece of GPL software on the operating system?
> > May I redistribute the operating system?  With the GPL software?
> > May I invoke/run the GPL software?
> > 
> > My understanding is that the answer to every one of these is yes.
> 
> yes. only if it is free. only if it is free. yes, but only because gpl
> allows for gpl code linking with the major components of the os even if
> they are proprietary.
> 
> > May I modify the GPL software and distribute it without giving
> > downstream the same opportunity.  Clearly no.
> > 
> > Now, s/operating system/zope/g
> > 
> > Do the answers to the questions change?  And, if so, why?
> > 
> > >From my perspective, and I think from fog's the answer is that
> > it should not change the answers.
> 
> err, no. if you write an external module using only python code, as long
> as you use a gpl-compatible python to run zope, you can call your

No, No, no, NO!

The License of PYTHON only applies to modifications, derivations, etc.
of _PYTHON_, NOT anything _written_ in it.


(BTW, according to the gnu site, Python 2.0.1 and 2.1.1 (and later) ARE
GPL-compatible :)

Bill



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Re: [Zope-dev] ZPL and GPL licensing issues

2001-06-21 Thread Federico Di Gregorio

On 21 Jun 2001 12:07:36 -0600, Bill Anderson wrote:
[snip]
> > err, no. if you write an external module using only python code, as long
> > as you use a gpl-compatible python to run zope, you can call your
> 
> No, No, no, NO!
> 
> The License of PYTHON only applies to modifications, derivations, etc.
> of _PYTHON_, NOT anything _written_ in it.


you stand right here. i was thinking about psycopg that actually is C
code that gets linked to python. but the border is not that clear. the
question, as always, is: what if i subclass python core classes
(released under the python license)? but that's a purely academical
question, i think...

federico

-- 
Federico Di Gregorio
MIXAD LIVE Chief of Research & Technology  [EMAIL PROTECTED]
Debian GNU/Linux Developer & Italian Press Contact[EMAIL PROTECTED]
  All programmers are optimists. -- Frederick P. Brooks, Jr.


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Re: [Zope-dev] ZPL and GPL licensing issues

2001-06-21 Thread Casey Duncan

Gregor Hoffleit wrote:
> 
> On Thu, Jun 21, 2001 at 10:02:34AM -0600, Casey Duncan wrote:
> > To me this is the key point. If you GPL license a product (or other
> > software) for Zope, you cannot subclass ZPL coded classes in your
> > product without violating the GPL. This makes a strict GPL license
> > nearly useless for Zope development and incompatible (license-wise) with
> > Zope itself. What bugs me is when people point to the ZPL being the
> > "problem", it is the GPL that is the limiting factor IMEHO.
> 
> But that's a little bit like standing in front of a mountain and saying "Go
> away", isn't it ?
> 
> >From the viewpoint of the GPL, the ZPL is the limiting factor, since it
> employs restrictions (does it really ???) regarding the distribution of
> binaries, and since it has a advertisement clause that restricts your right
> to distribute Zope.
> 
> On the other side, from the viewpoint of the ZPL, these requirements of the
> GPL are the limiting factor.
> 
> But I'm afraid the discussion on who's guilty won't solve the problem, which
> indeed is perceived by all of us (is it ?).
> 
> Gregor
> 

You are correct my friend. And both sides (DC and FSF) are unwilling to
change their licenses for compatibility with the other. So, the
incompatibility stands and there is little we can do about it; except
understand that it exists and make informed choices that are acceptable
to ourselves as developers. That may mean if you are a staunch GPL
advocate, adding a "Zope" clause to you license.

-- 
| Casey Duncan
| Kaivo, Inc.
| [EMAIL PROTECTED]
`-->

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Re: [Zope-dev] ZPL and GPL licensing issues

2001-06-21 Thread Dieter Maurer

Erik Enge writes:
 > Another question which I feel is very related, and to which I cannot get
 > any real clarification:  Can Zope run GPL Zope Python Products without
 > being relicensed as GPL?
I think, we can answer this with a clear yes:

  As an analogy:

You can use a Windows (TM) command line interpreter to
start and interact with a GPL programm that in turn
call the Windows (TM) operating system services
without the need to relicense the Windows (TM) operating
system under the GPL.

  I would expect that you can use any freely available
  (freely available does not mean non-commercial)
  product and combine it with GPL components as
  long as you license *your* integration code under
  GPL and you do not distribute the non-GPL components
  in the same package as the GPL components.

  Another example:

You build a complex system consisting of GPL components
and a commercial database (say Oracle).
I do not expect RMS to require Oracle to become GPL in order
for GPL components to interact with it.
Not yet, at least.


Dieter

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Re: [Zope-dev] ZPL and GPL licensing issues

2001-06-21 Thread Bill Anderson

On 21 Jun 2001 21:18:16 +0200, Federico Di Gregorio wrote:
> On 21 Jun 2001 12:07:36 -0600, Bill Anderson wrote:
> [snip]
> > > err, no. if you write an external module using only python code, as long
> > > as you use a gpl-compatible python to run zope, you can call your
> > 
> > No, No, no, NO!
> > 
> > The License of PYTHON only applies to modifications, derivations, etc.
> > of _PYTHON_, NOT anything _written_ in it.
> 
> 
> you stand right here. i was thinking about psycopg that actually is C
> code that gets linked to python. but the border is not that clear. the
> question, as always, is: what if i subclass python core classes
> (released under the python license)? but that's a purely academical
> question, i think...
> 

At that point, it is rather academic. To carry it to the full, we would
then need to look at the license on C, and determine if that had an
effect, and I am sure we could carry it down even further, but as you
said, it is academic. Almost philosophical.




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Re: [Zope-dev] ZPL and GPL licensing issues

2001-06-21 Thread Shane Hathaway

Jim Penny wrote:
> DC and FSF somehow have to come to some understandings of the following
> questions.

Here is my own view (not DC's offical word!)

> Can a GPL (unmodified) component be distributed for Zope (at all)?

I think the message by Bradley Kuhn is a little misleading.

If you are the original developer, you can distribute your product.  The
GPL does not try to limit the rights of the original developer.  As the
original developer you have the rights granted by copyright law, which
is a "higher" law than the GPL.

The GPL primarily affects redistribution.  If, for example, Apple
decides they like your product, even though you tried to GPL it they'll
have to ask you to re-release your product under a different license
before they can redistribute your product since it depends on Zope and
the ZPL is not compatible.

> Can a GPL (modified per fog) component be distributed for Zope?

Yes, but only by the original developer or with permission from the
original developer.  You can post your product on zope.org, but since
the GPL and ZPL aren't compatible, another site cannot mirror your
product unless you specifically grant permission.  The intent of the GPL
is to grant specific redistribution rights to those who receive your
product, but since a condition of the GPL cannot be met, the license is
effectively meaningless.

So what does a voided license mean?  It means that the recipient of your
product effectively has no rights to redistribute your product in any
way, except according to your terms expressed through other means.

Now let's say some company decides to take your product and distribute a
derivative without source code.  Let's say you don't like what they've
done and the case goes to court.

I'm no lawyer, but as I see it the GPL won't be in effect, yet the fact
that you tried to use the GPL clearly demonstrates your intent.  The
intent was clearly stated from the start.  It's hard to say how much
legal weight intent really has (especially outside the U.S.), but
regardless of the GPL your work would still be covered by copyright law.
The only time copyright law no longer applies is when you declare your
work to be in the "public domain".

> If yes to either, may the component be invoked (dtml-var, dtml-call,
> or equivalent) from a non-GPL component?
> If yes to either, may the component be subclassed by a non-GPL component?

These are really the same question in the eyes of the GPL.

The answer is yes, but the non-GPL component can't be distributed except
under terms not contained in the GPL.  Let's take a real-life example:
Simon Michael created the ZWiki product and released it under the GPL. 
Digital Creations modified it to fit better in the CMF.  Digital
Creations cannot redistribute the derivative unless Simon (assuming he
is the copyright holder) specifically says we can. He holds copyright
privileges and can release the work under multiple licenses or under
special terms.

Now, if the ZPL were GPL compatible, the GPL would be in full effect for
products.  Digital Creations would automatically have the rights to
redistribute derivatives of ZWiki.  I believe DC would even be able to
distribute ZWiki with Zope as long as any dependent products (such as
CMFWiki) are also GPL'ed.  Zope itself would not have to be GPL'ed since
it does not depend in any way on ZWiki.

By the way, the "operating system" clause of the GPL does not apply. 
The clause is there because it's clear that although an operating system
is required to run most GPL'ed software, a *specific* operating system
is not required.  If there were multiple distinct implementation of the
Zope APIs, there would be grounds for a different interpretation of the
GPL.

So let me summarize:

- GPL applied to Zope products is currently meaningless.  If, however,
the ZPL is made GPL compatible at some time, the GPL will automatically
take effect for products that currently attempt to apply the GPL.

- As the original developer you can distribute to whomever you please,
but trying to use the GPL to grant rights to redistributors is
ineffective right now.  (Technically, those who receive the product
don't have the right to use the product at all, except for the fact that
posting it on zope.org and attempting to apply the GPL is a somewhat
weak means of expressing permission.)

- Unless you're making something substantial, you shouldn't be concerned
that your code will be stolen by code sharks.  You might consider a
dual-licensing scheme where users are allowed to apply either the GPL,
when it becomes possible, or some other license.

- The GPL is designed to build a pool of software from which anyone can
draw as long as they play by the rules.  As long as the ZPL is not
compatible with the GPL, no one can truly add Zope products to this
pool.  If your philosophy agrees with the GPL, I urge you to lobby DC to
get the ZPL changed.

- DC has not changed the ZPL because there hasn't been any strong push
to make it happen.  I certainly can'

Re: [Zope-dev] ZPL and GPL licensing issues

2001-06-22 Thread Erik Enge

On Fri, 22 Jun 2001, Shane Hathaway wrote:

> Now, if the ZPL were GPL compatible, the GPL would be in full effect
> for products.  Digital Creations would automatically have the rights
> to redistribute derivatives of ZWiki.  I believe DC would even be able
> to distribute ZWiki with Zope as long as any dependent products (such
> as CMFWiki) are also GPL'ed.  Zope itself would not have to be GPL'ed
> since it does not depend in any way on ZWiki.

Now I think I have two different answers to one of my fundamental
questions in this discussion: if I have a GPL-compatible licensed product
and I distribute it with a GPL product, do I need to relicense the former
one to GPL?  Because that is what I understand you to say.  Others have
said the opposite.

This is very important.  Because if you can't be compatible without
escaping to have to relicense to GPL, the GPL is worthless to me.
 
> If your philosophy agrees with the GPL, I urge you to lobby DC to get
> the ZPL changed.
: 
> - DC has not changed the ZPL because there hasn't been any strong push
> to make it happen. [...] Make your voice heard.  Keep in mind that
> many on the management team don't have time to read the zope-dev and
> zope lists.

I hope that you guys at DC reading the list make them aware of the fact
that many people as frustrated with this.  And it is not a small issue,
either, as I'm sure we are all too aware of.

I'd love to lobby DC to start thinking about this, how do I get in touch
with the management team?  It would be great if we could discuss this on
[EMAIL PROTECTED] (or similar) and have them read/comment on that
list.  To start off with, it would be great if we could see the rationale
for the ZPL, and how they think it applies to the current situation.


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Re: [Zope-dev] ZPL and GPL licensing issues

2001-06-22 Thread Morten W. Petersen

On Fri, 22 Jun 2001, Erik Enge wrote:

> Now I think I have two different answers to one of my fundamental
> questions in this discussion: if I have a GPL-compatible licensed product
> and I distribute it with a GPL product, do I need to relicense the former
> one to GPL?  Because that is what I understand you to say.  Others have
> said the opposite.

Yes, you can distribute a GPL-compatible licensed code with GPL
licensed code without licencing the former under GPL.  Take a look in the
Linux-kernel source tree for example.

And yes, it would be very interesting to see the underlying reason(s) for
the ZPL..

Regards,

Morten


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Re: [Zope-dev] ZPL and GPL licensing issues

2001-06-22 Thread Erik Enge

On Fri, 22 Jun 2001, Morten W. Petersen wrote:

> Yes, you can distribute a GPL-compatible licensed code with GPL
> licensed code without licencing the former under GPL.  Take a look in
> the Linux-kernel source tree for example.

Ok, good.  Then Thingamy's intermediate solution will be to create a TPL
which is basically the ZPL with the incompatible-clauses ripped out
(number 4 and 7, I think).  That way we are compatible with both the ZPL
and the GPL.

It's still a mess, though.


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Re: [Zope-dev] ZPL and GPL licensing issues

2001-06-22 Thread Morten W. Petersen

On Fri, 22 Jun 2001, Erik Enge wrote:

> Ok, good.  Then Thingamy's intermediate solution will be to create a TPL
> which is basically the ZPL with the incompatible-clauses ripped out
> (number 4 and 7, I think).  That way we are compatible with both the ZPL
> and the GPL.

Something like that.  Verifying the license with the GNU people now.

-Morten


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Re: [Zope-dev] ZPL and GPL licensing issues

2001-06-22 Thread Shane Hathaway

On Friday 22 June 2001 04:24, Erik Enge wrote:
> On Fri, 22 Jun 2001, Shane Hathaway wrote:
> > Now, if the ZPL were GPL compatible, the GPL would be in full effect
> > for products.  Digital Creations would automatically have the rights
> > to redistribute derivatives of ZWiki.  I believe DC would even be
> > able to distribute ZWiki with Zope as long as any dependent products
> > (such as CMFWiki) are also GPL'ed.  Zope itself would not have to be
> > GPL'ed since it does not depend in any way on ZWiki.
>
> Now I think I have two different answers to one of my fundamental
> questions in this discussion: if I have a GPL-compatible licensed
> product and I distribute it with a GPL product, do I need to relicense
> the former one to GPL?  Because that is what I understand you to say. 
> Others have said the opposite.

I agree with Morten--yes, you can distribute GPL compatible code and GPL 
code together.  ZWiki is just in a strange position because the GPL is 
not actually in effect.

> > - DC has not changed the ZPL because there hasn't been any strong
> > push to make it happen. [...] Make your voice heard.  Keep in mind
> > that many on the management team don't have time to read the zope-dev
> > and zope lists.
>
> I hope that you guys at DC reading the list make them aware of the fact
> that many people as frustrated with this.  And it is not a small issue,
> either, as I'm sure we are all too aware of.
>
> I'd love to lobby DC to start thinking about this, how do I get in
> touch with the management team?  It would be great if we could discuss
> this on [EMAIL PROTECTED] (or similar) and have them read/comment
> on that list.  To start off with, it would be great if we could see the
> rationale for the ZPL, and how they think it applies to the current
> situation.

Explain why it's important to you and why you can't get by on the current 
situation.  You can send them directly or I can forward emails to the 
management.

Shane

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Re: [Zope-dev] ZPL and GPL licensing issues

2001-06-22 Thread Federico Di Gregorio

On 22 Jun 2001 10:29:19 -0400, Shane Hathaway wrote:
> On Friday 22 June 2001 04:24, Erik Enge wrote:
> > I'd love to lobby DC to start thinking about this, how do I get in
> > touch with the management team?  It would be great if we could discuss
> > this on [EMAIL PROTECTED] (or similar) and have them read/comment
> > on that list.  To start off with, it would be great if we could see the
> > rationale for the ZPL, and how they think it applies to the current
> > situation.
> 
> Explain why it's important to you and why you can't get by on the current 
> situation.  You can send them directly or I can forward emails to the 
> management.

a lot of people use Zope. a lot of people release under the GPL, mainly
because they don't want others (companies?) to "use" their code wothout
giving back something (their code) or release modified code without
giving back the modifications. a lot of people belongs _both_ groups and
experience a lot of difficulties releasing code for zope.

i think that releasing zope under a gpl-compatible license or under a
double license (zpl+gpl, the distributor can choose) will do a lot of
good to the people using the gpl and *no harm* to dc, because being dc
holder of the copyright can always distribute under alternate licenses,
usefull to its business plans, etc.

also, the gpl-compatible license seems better to me than double license,
because everybody (not only the users on one of the two licenses) will
be able to include and distribute *any* code written for zope. 

ciao,
federico

-- 
Federico Di Gregorio
MIXAD LIVE Chief of Research & Technology  [EMAIL PROTECTED]
Debian GNU/Linux Developer & Italian Press Contact[EMAIL PROTECTED]
 Quis custodiet ipsos custodes? -- Juvenal, Satires, VI, 347


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[Zope-dev] Re: [Zope-dev]ZPL and GPL licensing issues

2001-06-22 Thread Simon Michael

Simon Michael <[EMAIL PROTECTED]> writes:
> Well, I'm guessing there was a shout of joy around the world - it made
> my day. I think many of us then said "well thank god for some sanity"

PS, and in case that wasn't clear - 

I want to say a BIG THANK YOU to all who put so much hard work into
solving the Python licensing problems. 

-Simon

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[Zope-dev] Re: [Zope-dev]ZPL and GPL licensing issues

2001-06-22 Thread Simon Michael

Now you're talking. Seconded.

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Re: [Zope-dev] Re: [Zope-dev]ZPL and GPL licensing issues

2001-06-23 Thread Erik Enge

[Simon Michael]

| Now you're talking. Seconded.

Me too!

And if the management team really needs alot of serious breakdowns as
to why this is a problem (GPL-incompatability, that is) let me know
and I'll drum up a nice little mail of my own.  :)

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Re: [Zope-dev] Re: [Zope-dev]ZPL and GPL licensing issues

2001-06-25 Thread ender

On Saturday 23 June 2001 11:20, Erik Enge wrote:
>>[Simon Michael]
>>
>>| Now you're talking. Seconded.
>>
>>Me too!

i'd very much like to see a GPL compatible zope license as well, both for 
products i create and to integrate with third party gpl products.

would a petition be useful?

kapil




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Re: [Zope-dev] Re: [Zope-dev]ZPL and GPL licensing issues

2001-06-25 Thread Gregor Hoffleit

On Sun, Jun 24, 2001 at 07:49:40PM -0700, ender wrote:
> On Saturday 23 June 2001 11:20, Erik Enge wrote:
> >>[Simon Michael]
> >>
> >>| Now you're talking. Seconded.
> >>
> >>Me too!
> 
> i'd very much like to see a GPL compatible zope license as well, both for 
> products i create and to integrate with third party gpl products.
> 
> would a petition be useful?


As much as I would appreciate it if DC was able (from an economic viewpoint,
this it) to release Zope under the GPL, I think that it's much more
important that they release Zope under a GPL compatible license (which is
definitely a very different thing).

If this is what you meant, I agree with all of you ;-)

Gregor


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