Re: GPL, yet again. (The kernel is a lot like a shared library)

2005-09-08 Thread Måns Rullgård
Sean Kellogg <[EMAIL PROTECTED]> writes: >> The thing is that the kernel is indeed much like a library, but not >> like a static one. The kernel is a lot like a shared library in >> that it exists in memory, and has functions that can be called. It >> is different mainly in that it stays in memor

Re: GPL, yet again. (The kernel is a lot like a shared library)

2005-09-08 Thread Florian Weimer
* Måns Rullgård: > The phrase "running the Program" is not directly applicable to a > library, so we have to assume that for libraries, this translates into > using the library, i.e. causing its code to be run, typically by > running a program that uses the library. This act being unrestricted >

Re: GPL, yet again. (The kernel is a lot like a shared library)

2005-09-08 Thread Sven Luther
On Thu, Sep 08, 2005 at 10:27:20AM +0200, Florian Weimer wrote: > * Måns Rullgård: > > > The phrase "running the Program" is not directly applicable to a > > library, so we have to assume that for libraries, this translates into > > using the library, i.e. causing its code to be run, typically by

License implications of OpenSSL in a GPL v2 application

2005-09-08 Thread Roy Hills
I'm the author of ike-scan, which is a GPL v2 licensed application that can optionally use the crypto functions in the OpenSSL library. I am the author and copyright holder of all the ike-scan source files which can use OpenSSL functions. The application uses the MD5 and SHA1 hash functions fr

CDDL, OpenSolaris, Choice-of-venue and the star package ...

2005-09-08 Thread Sven Luther
On Thu, Sep 08, 2005 at 02:06:12AM -0700, Steve Langasek wrote: > On Thu, Sep 08, 2005 at 10:14:50AM +0200, Sven Luther wrote: > > On Wed, Sep 07, 2005 at 02:48:15PM -0700, Steve Langasek wrote: > > > On Wed, Sep 07, 2005 at 10:47:59PM +1000, Paul TBBle Hampson wrote: > > > > > These two do not app

Re: CDDL, OpenSolaris, Choice-of-venue and the star package ...

2005-09-08 Thread Joerg Jaspert
Sven Luther schrieb: > Notice that we already accepted a CDDLed program in debian, namely the star > packages which comes with this clause : Wrong. > So, i wonder why it was accepted, if it was non-free. But maybe we just passed > it up silently and didn't notice ? Who was the ftp-master respons

Re: CDDL, OpenSolaris, Choice-of-venue and the star package ...

2005-09-08 Thread Sven Luther
On Thu, Sep 08, 2005 at 03:10:56PM +0200, Joerg Jaspert wrote: > Sven Luther schrieb: > > > Notice that we already accepted a CDDLed program in debian, namely the star > > packages which comes with this clause : > > Wrong. Well, i installed the package in sid (star 1.5a60-2), and looked at /usr/

Re: CDDL, OpenSolaris, Choice-of-venue and the star package ...

2005-09-08 Thread George Danchev
On Thursday 08 September 2005 16:21, Sven Luther wrote: --cut-- > Yeah, well, i did an apt-get install star and looked at the copyright file, > so i am not sure what facts i have to believe then. > > > http://packages.debian.org/changelogs/pool/main/s/star/star_1.4a17-3/star > >.copyright > > > > T

Re: CDDL, OpenSolaris, Choice-of-venue and the star package ...

2005-09-08 Thread Dalibor Topic
Sven Luther wrote: Notice that we already accepted a CDDLed program in debian, namely the star packages which comes with this clause : 9. MISCELLANEOUS. [snip] The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.

Re: CDDL, OpenSolaris, Choice-of-venue and the star package ...

2005-09-08 Thread Sven Luther
On Thu, Sep 08, 2005 at 03:55:56PM +0200, Dalibor Topic wrote: > Sven Luther wrote: > >Notice that we already accepted a CDDLed program in debian, namely the star > >packages which comes with this clause : > > > >9. MISCELLANEOUS. > > [snip] > > > The application of the > >United Nations Conv

Re: CDDL, OpenSolaris, Choice-of-venue and the star package ...

2005-09-08 Thread Sven Luther
On Thu, Sep 08, 2005 at 04:53:12PM +0300, George Danchev wrote: > On Thursday 08 September 2005 16:21, Sven Luther wrote: > --cut-- > > Yeah, well, i did an apt-get install star and looked at the copyright file, > > so i am not sure what facts i have to believe then. > > > > > http://packages.debia

Re: License implications of OpenSSL in a GPL v2 application

2005-09-08 Thread Henning Makholm
Scripsit Roy Hills <[EMAIL PROTECTED]> [program that links to OpenSSL wants to be GPL'ed] > The previous debian-legal advice mentioned above says to add the > following exception text to the GPL announcement in the source code: > 1. Should this be added to every source file, It should be added

Re: CDDL, OpenSolaris, Choice-of-venue and the star package ...

2005-09-08 Thread Dalibor Topic
Sven Luther wrote: On Thu, Sep 08, 2005 at 03:55:56PM +0200, Dalibor Topic wrote: Sven Luther wrote: Notice that we already accepted a CDDLed program in debian, namely the star packages which comes with this clause : 9. MISCELLANEOUS. [snip] The application of the United Nations Conve

Re: CDDL, OpenSolaris, Choice-of-venue and the star package ...

2005-09-08 Thread Yorick Cool
On Thu, Sep 08, 2005 at 03:55:56PM +0200, Dalibor Topic wrote: Dalibor> > The application of the Dalibor> >United Nations Convention on Contracts for the International Sale Dalibor> >of Goods is expressly excluded. Dalibor> Dalibor> [snip] Dalibor> Dalibor> That's my favourite bit of lawy

Re: CDDL, OpenSolaris, Choice-of-venue and the star package ...

2005-09-08 Thread Lionel Elie Mamane
On Thu, Sep 08, 2005 at 04:58:32PM +0200, Yorick Cool wrote: > On Thu, Sep 08, 2005 at 03:55:56PM +0200, Dalibor Topic wrote: >>> The application of the >>>United Nations Convention on Contracts for the International Sale >>>of Goods is expressly excluded. >> That's my favourite bit of la

Re: CDDL, OpenSolaris, Choice-of-venue and the star package ...

2005-09-08 Thread Yorick Cool
On Thu, Sep 08, 2005 at 05:04:00PM +0200, Lionel Elie Mamane wrote: Lionel> Lionel> >>> The application of the Lionel> >>>United Nations Convention on Contracts for the International Sale Lionel> >>>of Goods is expressly excluded. Lionel> Lionel> Yes, but what does it *say*? What are the

Re: CDDL, OpenSolaris, Choice-of-venue and the star package ...

2005-09-08 Thread Henning Makholm
Scripsit Lionel Elie Mamane <[EMAIL PROTECTED]> > On Thu, Sep 08, 2005 at 04:58:32PM +0200, Yorick Cool wrote: >> On Thu, Sep 08, 2005 at 03:55:56PM +0200, Dalibor Topic wrote: The application of the United Nations Convention on Contracts for the International Sale of Goods is

Re: GPL, yet again. (The kernel is a lot like a shared library)

2005-09-08 Thread Humberto Massa Guimarães
** Mark Rafn :: > On Wed, 7 Sep 2005, Joe Smith wrote: > > > It is generally belived that the GPL 'derivative' clauses may > > actually be upheld in the case of static libraries. The fact > > that linking the .o's of the library directly with your program > > is equivelent to linking the library w

Re: legal status of faac, xvid

2005-09-08 Thread Andrew Suffield
On Wed, Sep 07, 2005 at 09:20:13AM -0700, seven sins wrote: > i am looking for information on how the debian teams > views legal status of faac and xvid. work for a > company where we use debian, folks on the research > team want to do use these for some reason. before i > install these i wanted t

Re: GPL, yet again. (The kernel is a lot like a shared library)

2005-09-08 Thread Andrew Suffield
On Thu, Sep 08, 2005 at 01:22:07PM -0300, Humberto Massa Guimar?es wrote: > 3.3. it seems to me that it's absurd to think, for instance, that > Debian cannot dynamic link a GPLd program with OpenSSL. Why? Because > if I write a completely-compatible MassaSSL library and install it > in my system ju

Re: GPL, yet again. (The kernel is a lot like a shared library)

2005-09-08 Thread Andrew Suffield
On Wed, Sep 07, 2005 at 06:50:00PM -0400, Joe Smith wrote: > While I would like to belive that the FSF knew exactly what they were > doing, I am not certain. > > It is generally belived that the GPL 'derivative' clauses may actually be > upheld in the case of static libraries. The fact that link

Re: CDDL, OpenSolaris, Choice-of-venue and the star package ...

2005-09-08 Thread Andrew Suffield
On Thu, Sep 08, 2005 at 04:53:12PM +0300, George Danchev wrote: > On Thursday 08 September 2005 16:21, Sven Luther wrote: > --cut-- > > Yeah, well, i did an apt-get install star and looked at the copyright file, > > so i am not sure what facts i have to believe then. > > > > > http://packages.debia

Re: GPL, yet again. (The kernel is a lot like a shared library)

2005-09-08 Thread Humberto Massa Guimarães
** Andrew Suffield :: > On Thu, Sep 08, 2005 at 01:22:07PM -0300, Humberto Massa Guimar?es > wrote: > > 3.3. it seems to me that it's absurd to think, for instance, > > that Debian cannot dynamic link a GPLd program with OpenSSL. > > Why? Because if I write a completely-compatible MassaSSL library

Re: CDDL, OpenSolaris, Choice-of-venue and the star package ...

2005-09-08 Thread Sven Luther
On Thu, Sep 08, 2005 at 06:24:34PM +0100, Andrew Suffield wrote: > On Thu, Sep 08, 2005 at 04:53:12PM +0300, George Danchev wrote: > > On Thursday 08 September 2005 16:21, Sven Luther wrote: > > --cut-- > > > Yeah, well, i did an apt-get install star and looked at the copyright > > > file, > > > s

Re: GPL, yet again. (The kernel is a lot like a shared library)

2005-09-08 Thread Humberto Massa Guimarães
** Andrew Suffield :: > On Wed, Sep 07, 2005 at 06:50:00PM -0400, Joe Smith wrote: > > While I would like to belive that the FSF knew exactly what they > > were doing, I am not certain. > > > > It is generally belived that the GPL 'derivative' clauses may > > actually be upheld in the case of stat

Re: GPL, yet again. (The kernel is a lot like a shared library)

2005-09-08 Thread Sean Kellogg
On Thursday 08 September 2005 10:22 am, Andrew Suffield wrote: > On Wed, Sep 07, 2005 at 06:50:00PM -0400, Joe Smith wrote: > > While I would like to belive that the FSF knew exactly what they were > > doing, I am not certain. > > > > It is generally belived that the GPL 'derivative' clauses may ac

Re: GPL, yet again. (The kernel is a lot like a shared library)

2005-09-08 Thread Humberto Massa Guimarães
> Seems to me those signs all point to the idea the the mere > linking against a > dynamically linked library does not constitute a copyrighted work. s/copyrighted/derivative/ ?? -- To UNSUBSCRIBE, email to [EMAIL PROTECTED] with a subject of "unsubscribe". Trouble? Contact [EMAIL PROTECTED]

Re: GPL, yet again. (The kernel is a lot like a shared library)

2005-09-08 Thread Sean Kellogg
On Thursday 08 September 2005 10:47 am, Humberto Mass Guimarães wrote: > > Seems to me those signs all point to the idea the the mere > > linking against a > > dynamically linked library does not constitute a copyrighted work. > > s/copyrighted/derivative/ ?? Good save The linked work is stil

Re: GPL, yet again. (The kernel is a lot like a shared library)

2005-09-08 Thread Humberto Massa Guimarães
> Here is the US definition of a derivative: > > - > A “derivative work” is a work based upon one or more > preexisting works, such > as a translation, musical arrangement, dramatization, > fictionalization, > motion picture version, sound recording, art reproduction, > abridgment, >

Re: CDDL, OpenSolaris, Choice-of-venue and the star package ...

2005-09-08 Thread George Danchev
On Thursday 08 September 2005 20:24, Andrew Suffield wrote: > On Thu, Sep 08, 2005 at 04:53:12PM +0300, George Danchev wrote: > > On Thursday 08 September 2005 16:21, Sven Luther wrote: > > --cut-- > > > > > Yeah, well, i did an apt-get install star and looked at the copyright > > > file, so i am n

Re: CDDL, OpenSolaris, Choice-of-venue and the star package ...

2005-09-08 Thread Sven Luther
On Thu, Sep 08, 2005 at 08:57:59PM +0300, George Danchev wrote: > On Thursday 08 September 2005 20:24, Andrew Suffield wrote: > > On Thu, Sep 08, 2005 at 04:53:12PM +0300, George Danchev wrote: > > > On Thursday 08 September 2005 16:21, Sven Luther wrote: > > > --cut-- > > > > > > > Yeah, well, i d

Re: GPL, yet again. (The kernel is a lot like a shared library)

2005-09-08 Thread Andrew Suffield
On Thu, Sep 08, 2005 at 10:46:32AM -0700, Sean Kellogg wrote: > But what is clear is that a derivative work requires an act of copying the > original work of authorship. The caselaw in question is Lee v. A.R.T. Co. > (125 F.3d 580) where someone took a piece of art they purchased, fused it to >

Re: GPL, yet again. (The kernel is a lot like a shared library)

2005-09-08 Thread Andrew Suffield
On Thu, Sep 08, 2005 at 02:27:45PM -0300, Humberto Massa Guimar?es wrote: > ** Andrew Suffield :: > > On Thu, Sep 08, 2005 at 01:22:07PM -0300, Humberto Massa Guimar?es > > wrote: > > > 3.3. it seems to me that it's absurd to think, for instance, > > > that Debian cannot dynamic link a GPLd program

Re: CDDL, OpenSolaris, Choice-of-venue and the star package ...

2005-09-08 Thread Marco d'Itri
On Sep 08, Sven Luther <[EMAIL PROTECTED]> wrote: > 2) Any argument i may have are only the lame repetition of the opinion of a > single person here on debian-legal. Indeed, the "choice of venue is a fee" argument is just that: an opinion which has at best no clear roots in the DFSG, therefore

Re: legal status of faac, xvid

2005-09-08 Thread Don Armstrong
On Thu, 08 Sep 2005, Andrew Suffield wrote: > The MPEG-LA claims to hold all the patents applicable to MPEG, and > that all these patents are valid, but since it's impossible for them > to know either of these things they are obviously lying. They don't claim to do this at all.[1] All they say is

CDDL

2005-09-08 Thread Andrew Suffield
On Thu, Sep 08, 2005 at 03:55:56PM +0200, Dalibor Topic wrote: > The discussions on > CDDL in 2005-01 seem to have petered out inconclusively. Let's do something about this. At the same time, I'd like to experiment with an idea I've been toying with for a slightly more (informally) directed appr

Re: GPL, yet again. (The kernel is a lot like a shared library)

2005-09-08 Thread Humberto Massa Guimarães
> > Remember: DERIVATIVE <==> TRANSFORMATION. > > Word games, no change in meaning. You're saying that "Only the > verbatim copying of a copyrighted text, possibly with modifications, > can constitute copyright infringement; all other actions are legal". > > The rest of your mail just ranted the

Re: GPL, yet again. (The kernel is a lot like a shared library)

2005-09-08 Thread Andrew Suffield
On Thu, Sep 08, 2005 at 03:32:26PM -0300, Humberto Massa Guimar?es wrote: > I did _not_ just ranted the same. I did offer you an example of how you > are simply plain wrong -- as is the GPL FSF FAQ -- when you say that linking > to a library creates a derivative work. Argument from authority and a

Re: legal status of faac, xvid

2005-09-08 Thread Andrew Suffield
On Thu, Sep 08, 2005 at 10:36:19AM -0700, Don Armstrong wrote: > > It's never been seriously tested in court. > > What's to test? It's just method of licensing a slew of patents. The legitimacy of their claimed patents. -- .''`. ** Debian GNU/Linux ** | Andrew Suffield : :' : http://www.de

Re: GPL, yet again. (The kernel is a lot like a shared library)

2005-09-08 Thread Sean Kellogg
On Thursday 08 September 2005 11:38 am, Andrew Suffield wrote: > There's an awful lot of lawyers and law professors who think that the > GPL works. Go start by arguing with them. Based on my readings of law review articles and the common legal arguments surrounding the GPL, the reason it works is

Re: GPL, yet again. (The kernel is a lot like a shared library)

2005-09-08 Thread Humberto Massa Guimarães
> If you're going to make an argument at odds with established > understanding and industry practice then you'll have to come up with > more than that. > > There's an awful lot of lawyers and law professors who think that the > GPL works. Go start by arguing with them. I can't argue with someone

Re: GPL, yet again. (The kernel is a lot like a shared library)

2005-09-08 Thread Måns Rullgård
Sean Kellogg <[EMAIL PROTECTED]> writes: > On Thursday 08 September 2005 11:38 am, Andrew Suffield wrote: >> There's an awful lot of lawyers and law professors who think that the >> GPL works. Go start by arguing with them. > > Based on my readings of law review articles and the common legal argum

RE: GPL, yet again. (The kernel is a lot like a shared library)

2005-09-08 Thread Humberto Massa Guimarães
** Sean Kellogg :: > On Thursday 08 September 2005 11:38 am, Andrew Suffield wrote: > > There's an awful lot of lawyers and law professors who think > > that the GPL works. Go start by arguing with them. > > Based on my readings of law review articles and the common legal > arguments surrounding t

Re: CDDL, OpenSolaris, Choice-of-venue and the star package ...

2005-09-08 Thread Sven Luther
On Thu, Sep 08, 2005 at 08:21:57PM +0200, Marco d'Itri wrote: > On Sep 08, Sven Luther <[EMAIL PROTECTED]> wrote: > > > 2) Any argument i may have are only the lame repetition of the opinion of > > a > > single person here on debian-legal. > Indeed, the "choice of venue is a fee" argument is

Re: CDDL, OpenSolaris, Choice-of-venue and the star package ...

2005-09-08 Thread Marco d'Itri
On Sep 08, Sven Luther <[EMAIL PROTECTED]> wrote: > > Indeed, the "choice of venue is a fee" argument is just that: an > > opinion which has at best no clear roots in the DFSG, therefore it > > cannot make a license non-free. > Yeah, but there is certainly more than a single person arguing that we

Re: CDDL, OpenSolaris, Choice-of-venue and the star package ...

2005-09-08 Thread Josselin Mouette
Le vendredi 09 septembre 2005 à 00:00 +0200, Marco d'Itri a écrit : > > Yeah, but there is certainly more than a single person arguing that we > > should > > not distribute software with such licence. > There is nothing wrong with this, and I'm not a fan of choice of venue > clauses either, but th

Re: CDDL, OpenSolaris, Choice-of-venue and the star package ...

2005-09-08 Thread Dalibor Topic
Henning Makholm wrote: > Scripsit Lionel Elie Mamane <[EMAIL PROTECTED]> > >>On Thu, Sep 08, 2005 at 04:58:32PM +0200, Yorick Cool wrote: >> >>>On Thu, Sep 08, 2005 at 03:55:56PM +0200, Dalibor Topic wrote: > > >The application of the > United Nations Convention on Contracts for the In

Re: CDDL, OpenSolaris, Choice-of-venue and the star package ...

2005-09-08 Thread Marco d'Itri
On Sep 09, Josselin Mouette <[EMAIL PROTECTED]> wrote: > > There is nothing wrong with this, and I'm not a fan of choice of venue > > clauses either, but they should try to modify the DFSG then. > Could you explain why DFSG#5 couldn't be invoked in this case? It does not work this way. If you beli

Re: GPL, yet again. (The kernel is a lot like a shared library)

2005-09-08 Thread Andrew Suffield
On Thu, Sep 08, 2005 at 11:53:57AM -0700, Sean Kellogg wrote: > On Thursday 08 September 2005 11:38 am, Andrew Suffield wrote: > > There's an awful lot of lawyers and law professors who think that the > > GPL works. Go start by arguing with them. > > Based on my readings of law review articles and

Re: GPL, yet again. (The kernel is a lot like a shared library)

2005-09-08 Thread Andrew Suffield
On Thu, Sep 08, 2005 at 04:22:18PM -0300, Humberto Massa Guimar?es wrote: > > If you're going to make an argument at odds with established > > understanding and industry practice then you'll have to come up with > > more than that. > > > > There's an awful lot of lawyers and law professors who thi

Re: CDDL, OpenSolaris, Choice-of-venue and the star package ...

2005-09-08 Thread Sven Luther
On Fri, Sep 09, 2005 at 12:00:54AM +0200, Marco d'Itri wrote: > On Sep 08, Sven Luther <[EMAIL PROTECTED]> wrote: > > > > Indeed, the "choice of venue is a fee" argument is just that: an > > > opinion which has at best no clear roots in the DFSG, therefore it > > > cannot make a license non-free.