Re: Question about the old BSD license and GPL (gtkipmsg)

2001-06-20 Thread Thomas Bushnell, BSG
"none" <[EMAIL PROTECTED]> writes: > I am not sure why the BSD advertising clause is unenforceable in the U.S. To > me it is a contract clause in the BSD like all other clauses > therein. It's obviously not a contract, for the usual reasons. It's a public license, not a contract. > If the BSD

Re: Question about the old BSD license and GPL (gtkipmsg)

2001-06-20 Thread none
This is not legal advice. No lawyer-client relationship is established. etc. etc. - Original Message - From: "Raul Miller" <[EMAIL PROTECTED]> To: "Junichi Uekawa" <[EMAIL PROTECTED]> Cc: Sent: Friday, June 15, 2001 11:43 AM Subject: Re: Question about the old BSD license and GPL (gtkipms

Re: Q: Combining proprietary code and GPL for in-house use

2001-06-20 Thread none
This is not legal advice. No lawyer-client relationship is hereby established. etc. etc. Here are some salient quotes from the 9th Circuit decision in the Napster case: Traditionally, "one who, with knowledge of the infringing activity, induces, causes or materially contributes to the infringing

Re: Q: Combining proprietary code and GPL for in-house use

2001-06-20 Thread Raul Miller
> > Not for the purpose of linking with P, they don't. On Thu, Jun 21, 2001 at 01:48:32AM +0200, Henning Makholm wrote: > They do. GPL 2(b), which is what requires the entire work to be under > GPL, explicitly applies only when the entire work is distributed or > published. The work comprised of

Re: Q: Combining proprietary code and GPL for in-house use

2001-06-20 Thread Thomas Bushnell, BSG
Edmund GRIMLEY EVANS <[EMAIL PROTECTED]> writes: > It certainly is a clear attempt to evade the copyright on L, but that > doesn't mean it's not a successful attempt. Just because A's actions > go against the spirit of what F intended doesn't mean it's illegal. > Law has to be more precise than th

Re: Q: Combining proprietary code and GPL for in-house use

2001-06-20 Thread Thomas Bushnell, BSG
Raul Miller <[EMAIL PROTECTED]> writes: > hire teams of singing strippers to relay > the instructions for putting it together Ah, fond memories of outrageous episodes of Get Smart

Re: OpenSSL and GPLed programs

2001-06-20 Thread Thomas Bushnell, BSG
Mark Wielaard <[EMAIL PROTECTED]> writes: > It not only has the obnoxious advertising clauses, but it also has the > Apache style "trademark" clauses (Products derived from this software may > not be called [some words]). Trademark clauses are a pain in the butt, but remember that they don't impe

Re: Q: Combining proprietary code and GPL for in-house use

2001-06-20 Thread Henning Makholm
Scripsit Raul Miller <[EMAIL PROTECTED]> > On Thu, Jun 21, 2001 at 12:49:07AM +0200, Henning Makholm wrote: > > > Then: P is the source code for a program which includes L. A is > > > instructing people to download L (if necessary) to compile P. > > Which is perfectly fine, because all of those p

Re: Q: Combining proprietary code and GPL for in-house use

2001-06-20 Thread Edmund GRIMLEY EVANS
I haven't made up my mind which side I'm on, but here are some more random criticisms. Raul Miller <[EMAIL PROTECTED]>: > Then: P is the source code for a program which includes L. A is > instructing people to download L (if necessary) to compile P. > > This is a clear attempt to evade the copy

Re: Q: Combining proprietary code and GPL for in-house use

2001-06-20 Thread Raul Miller
On Thu, Jun 21, 2001 at 12:49:07AM +0200, Henning Makholm wrote: > > [1] P has no copyright on it, so it doesn't have a GPL copyright on it. > > Of course there is a copyright on P. It belongs to A. You did not mention that A had granted copyright to anyone else, which makes this incompatible wit

Re: Q: Combining proprietary code and GPL for in-house use

2001-06-20 Thread Henning Makholm
Scripsit Raul Miller <[EMAIL PROTECTED]> > On Thu, Jun 21, 2001 at 12:18:04AM +0200, Henning Makholm wrote: > > I don't see any minor or major copyright violations in this scenario: > > 1) F produces a library L and releases it under the GPL > > 2) A produces a program P that links to L. > >

Re: Q: Combining proprietary code and GPL for in-house use

2001-06-20 Thread Raul Miller
On Thu, Jun 21, 2001 at 12:18:04AM +0200, Henning Makholm wrote: > I don't see any minor or major copyright violations in this scenario: > > 1) F produces a library L and releases it under the GPL > 2) A produces a program P that links to L. > 3) A distributes the source code for P (but not

Re: ITP with caution: libdvdcss

2001-06-20 Thread Walter Landry
> On Wed, Jun 20, 2001 at 11:11:00AM -0600, Walter Landry wrote: > > could argue that it has cryptographic software, and so should go into > > non-US. > > This doesn't work. CSS was specifically designed to be export-grade. > And all of the non-US crypto restrictions have already fallen away > fro

Re: Q: Combining proprietary code and GPL for in-house use

2001-06-20 Thread Henning Makholm
Scripsit Raul Miller <[EMAIL PROTECTED]> > On Wed, Jun 20, 2001 at 10:04:23PM +0200, Henning Makholm wrote: > > Oh. In that case I would suppose that "contributory infringement" > > logically requires that somebody actually infringes on the copyright. > > Who would that be in this case? > The ide

Re: FreeDOS and GPL-compatibility

2001-06-20 Thread Raul Miller
On Thu, Jun 21, 2001 at 12:41:49AM +0300, Richard Braakman wrote: > However... this is not an ordinary executable. FreeDOS _is_ an > operating system! It doesn't run on anything else. So I think > the escape clause is unusable here. Hm... actually, that's not true either. The reason we want to

Re: FreeDOS and GPL-compatibility

2001-06-20 Thread Walter Landry
> On Wed, Jun 20, 2001 at 04:50:30PM -0400, Brett Smith wrote: > > Which is why the GPL leaves it up to the particular operating system in > > question. Note again: "the source code distributed need not include > > anything that is normally distributed... with the major components... of > > the ope

Re: FreeDOS and GPL-compatibility

2001-06-20 Thread Richard Braakman
On Wed, Jun 20, 2001 at 04:50:30PM -0400, Brett Smith wrote: > Which is why the GPL leaves it up to the particular operating system in > question. Note again: "the source code distributed need not include > anything that is normally distributed... with the major components... of > the operating sys

Re: FreeDOS and GPL-compatibility

2001-06-20 Thread Raul Miller
On Wed, Jun 20, 2001 at 04:50:30PM -0400, Brett Smith wrote: > Which is why the GPL leaves it up to the particular operating system in > question. Note again: "the source code distributed need not include > anything that is normally distributed... with the major components... of > the operating sys

Re: ITP with caution: libdvdcss

2001-06-20 Thread Aaron Lehmann
On Wed, Jun 20, 2001 at 11:11:00AM -0600, Walter Landry wrote: > could argue that it has cryptographic software, and so should go into > non-US. This doesn't work. CSS was specifically designed to be export-grade. And all of the non-US crypto restrictions have already fallen away from official law

Re: FreeDOS and GPL-compatibility

2001-06-20 Thread Herbert Xu
On Wed, Jun 20, 2001 at 10:52:56AM -0400, Raul Miller wrote: > On Wed, Jun 20, 2001 at 06:51:55PM +1000, Herbert Xu wrote: > > FreeDOS includes components which are licensed under the GPL. Those > > components are currently built with a compiler from Borland, and > > consequently linked with the C

Re: Q: Combining proprietary code and GPL for in-house use

2001-06-20 Thread Raul Miller
On Wed, Jun 20, 2001 at 10:04:23PM +0200, Henning Makholm wrote: > Oh. In that case I would suppose that "contributory infringement" > logically requires that somebody actually infringes on the copyright. > Who would that be in this case? Well, basically yes, in that "contributory infringement" is

Re: FreeDOS and GPL-compatibility

2001-06-20 Thread Brett Smith
IANAL. On Wed, Jun 20, 2001 at 01:16:06PM -0600, Walter Landry wrote: > This implies that the compiler is considered to be a major part of the > operating system, whether it really is or not. The question is then, > which compiler? I would submit that any compiler will do. The > license doesn't

Re: Q: Combining proprietary code and GPL for in-house use

2001-06-20 Thread Branden Robinson
On Wed, Jun 20, 2001 at 10:04:23PM +0200, Henning Makholm wrote: > Oh. In that case I would suppose that "contributory infringement" > logically requires that somebody actually infringes on the copyright. Ha ha ha, you clearly haven't been paying attention to court cases where the MPAA, RIAA, or a

Re: Q: Combining proprietary code and GPL for in-house use

2001-06-20 Thread Henning Makholm
Scripsit Raul Miller <[EMAIL PROTECTED]> > On Tue, Jun 19, 2001 at 10:59:44PM +0200, Henning Makholm wrote: > > > > I think RMS's reasoning is that if you ever distribute the library > > > > to A, you need to accept the contract called GPL - and in that > > > > contract you promise to refrain from

Re: FreeDOS and GPL-compatibility

2001-06-20 Thread Walter Landry
> Here's a teaser for all the licence enthusiasts here. > > FreeDOS includes components which are licensed under the GPL. Those > components are currently built with a compiler from Borland, and > consequently linked with the C library that comes with it. The licence > of the library is of cours

Re: ITP with caution: libdvdcss

2001-06-20 Thread Walter Landry
> Hi, > > > The libdvdcss is the Videolan project's DVD decryption software. I > would like to know other's position on packaging and distributing it > with Debian. > > http://www.videolan.org/libdvdcss/ > > I am all for political activism, but I realize that it may cause > trouble to Debian so

Re: FreeDOS and GPL-compatibility

2001-06-20 Thread Raul Miller
On Wed, Jun 20, 2001 at 06:51:55PM +1000, Herbert Xu wrote: > FreeDOS includes components which are licensed under the GPL. Those > components are currently built with a compiler from Borland, and > consequently linked with the C library that comes with it. The licence > of the library is of course

Re: Q: Combining proprietary code and GPL for in-house use

2001-06-20 Thread Raul Miller
On Tue, Jun 19, 2001 at 10:59:44PM +0200, Henning Makholm wrote: > > > I think RMS's reasoning is that if you ever distribute the library > > > to A, you need to accept the contract called GPL - and in that > > > contract you promise to refrain from ever distributing to B a program > > > that links

Re: Q: Combining proprietary code and GPL for in-house use

2001-06-20 Thread Henning Makholm
Scripsit Raul Miller <[EMAIL PROTECTED]> > On Tue, Jun 19, 2001 at 10:59:44PM +0200, Henning Makholm wrote: > > I think RMS's reasoning is that if you ever distribute the library > > to A, you need to accept the contract called GPL - and in that > > contract you promise to refrain from ever distri

Re: FreeDOS and GPL-compatibility

2001-06-20 Thread Edmund GRIMLEY EVANS
Herbert Xu <[EMAIL PROTECTED]>: > Here's a teaser for all the licence enthusiasts here. > > FreeDOS includes components which are licensed under the GPL. Those > components are currently built with a compiler from Borland, and > consequently linked with the C library that comes with it. The lic

Re: FreeDOS and GPL-compatibility

2001-06-20 Thread Herbert Xu
Sam Hartman <[EMAIL PROTECTED]> wrote: >> "Herbert" == Herbert Xu <[EMAIL PROTECTED]> writes: >Herbert> This will decide whether we can distribute FreeDOS binary >Herbert> packages as currently it requires the Borland compiler to >Herbert> build. -- Debian > Hmm, I assume this pus

Re: Q: Combining proprietary code and GPL for in-house use

2001-06-20 Thread Edmund GRIMLEY EVANS
Marcus Brinkmann <[EMAIL PROTECTED]>: > Who knows, for a court it might be enough that you used the GPL'ed stuff for > your development, and link to it on some web page. I don't know, as IANAL. Yes, courts are very unpredictable. However, we shouldn't get too obsessed about what a court might or

Re: FreeDOS and GPL-compatibility

2001-06-20 Thread Sam Hartman
> "Herbert" == Herbert Xu <[EMAIL PROTECTED]> writes: Herbert> This will decide whether we can distribute FreeDOS binary Herbert> packages as currently it requires the Borland compiler to Herbert> build. -- Debian Hmm, I assume this pushes it into non-free if we can distribute? H

Re: Q: Combining proprietary code and GPL for in-house use

2001-06-20 Thread Marcus Brinkmann
On Wed, Jun 20, 2001 at 10:23:09AM +0200, Marcelo E. Magallon wrote: > >> Marcus Brinkmann <[EMAIL PROTECTED]> writes: > > > Copyright law is not concerned about that, and the question if > > something is a derived work from something else has nothing to do > > with the specific details of an a

FreeDOS and GPL-compatibility

2001-06-20 Thread Herbert Xu
Here's a teaser for all the licence enthusiasts here. FreeDOS includes components which are licensed under the GPL. Those components are currently built with a compiler from Borland, and consequently linked with the C library that comes with it. The licence of the library is of course not compat

Re: Q: Combining proprietary code and GPL for in-house use

2001-06-20 Thread Marcelo E. Magallon
>> Marcus Brinkmann <[EMAIL PROTECTED]> writes: > Copyright law is not concerned about that, and the question if > something is a derived work from something else has nothing to do > with the specific details of an abstract idea like an interface, only > with the fine details on its implementa