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

2005-09-09 Thread Josselin Mouette
Le vendredi 09 septembre 2005 à 00:41 +0200, Marco d'Itri a écrit : > 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 D

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

2005-09-09 Thread Thomas Bushnell BSG
Henning Makholm <[EMAIL PROTECTED]> writes: > | The Covered Code is a "commercial item," as that term is defined in > | 48 C.F.R. 2.101 (Oct. 1995), consisting of "commercial computer > | software" and "commercial computer software documentation," as such > | terms are used in 48 C.F.R. 12.212 (Se

fresh review of: CDDL

2005-09-09 Thread MJ Ray
Andrew Suffield <[EMAIL PROTECTED]> wrote: > At the same time, I'd like to experiment with an idea I've been toying > with for a slightly more (informally) directed approach to license > analysis, that should prove harder to derail with long pointless > tangents and more immune to revisionism by t

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

2005-09-09 Thread George Danchev
On Friday 09 September 2005 01:41, Marco d'Itri wrote: > 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

Re: fresh review of: CDDL

2005-09-09 Thread Steve Langasek
On Fri, Sep 09, 2005 at 07:44:23AM +, MJ Ray wrote: > Andrew Suffield <[EMAIL PROTECTED]> wrote: > > COMMON DEVELOPMENT AND DISTRIBUTION LICENSE (CDDL) > >Version 1.0 > > * 1. Definitions. > >[...] o 1.13. "You" (or "Your") means an

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

2005-09-09 Thread Henning Makholm
Scripsit Thomas Bushnell BSG <[EMAIL PROTECTED]> > Henning Makholm <[EMAIL PROTECTED]> writes: >> | The Covered Code is a "commercial item," as that term is defined in >> | 48 C.F.R. 2.101 (Oct. 1995), consisting of "commercial computer >> I have managed to find out what "C.F.R." means and to loc

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

2005-09-09 Thread Henning Makholm
Scripsit Josselin Mouette <[EMAIL PROTECTED]> > Well, I'm explaining that it isn't free because of DFSG#5. However, it > seems that you are refusing such arguments de facto. I doubt that "people who do not wish to become legally bound to appear at the the author's home court whenever he files a f

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

2005-09-09 Thread Marco d'Itri
On Sep 09, Josselin Mouette <[EMAIL PROTECTED]> wrote: > > It does not work this way. If you believe that a license is not free > > it's up to you explaining why. > Well, I'm explaining that it isn't free because of DFSG#5. However, it > seems that you are refusing such arguments de facto. I am re

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

2005-09-09 Thread Sven Luther
On Fri, Sep 09, 2005 at 11:46:04AM +0200, Marco d'Itri wrote: > On Sep 09, Josselin Mouette <[EMAIL PROTECTED]> wrote: > > > > It does not work this way. If you believe that a license is not free > > > it's up to you explaining why. > > Well, I'm explaining that it isn't free because of DFSG#5. Ho

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

2005-09-09 Thread Michael Poole
Henning Makholm writes: > Scripsit Josselin Mouette <[EMAIL PROTECTED]> > >> Well, I'm explaining that it isn't free because of DFSG#5. However, it >> seems that you are refusing such arguments de facto. > > I doubt that "people who do not wish to become legally bound to appear > at the the author

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

2005-09-09 Thread Henning Makholm
Scripsit Michael Poole <[EMAIL PROTECTED]> > Henning Makholm writes: >> I doubt that "people who do not wish to become legally bound to appear >> at the the author's home court whenever he files a frivolous lawsuit" >> can be meaningfully described as a "group of persons" that can be >> discrimina

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

2005-09-09 Thread Paul TBBle Hampson
On Fri, Sep 09, 2005 at 01:56:50PM +0200, Henning Makholm wrote: > Scripsit Michael Poole <[EMAIL PROTECTED]> >> Henning Makholm writes: >>> I doubt that "people who do not wish to become legally bound to appear >>> at the the author's home court whenever he files a frivolous lawsuit" >>> can be m

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

2005-09-09 Thread Paul TBBle Hampson
On Thu, Sep 08, 2005 at 02:30:05PM +0200, Sven Luther wrote: > 9. MISCELLANEOUS. > Any law or regulation which provides that the language of a contract > shall be construed against the drafter shall not apply to this License. Can a license exclude application of laws? Maybe there's a juri

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

2005-09-09 Thread John Hasler
Henning Makholm writes: > I doubt that "people who do not wish to become legally bound to appear at > the the author's home court whenever he files a frivolous lawsuit" can be > meaningfully described as a "group of persons" that can be discriminated > against. Why do you think that a copyright ow

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

2005-09-09 Thread Sven Luther
On Fri, Sep 09, 2005 at 07:23:10AM -0500, John Hasler wrote: > Henning Makholm writes: > > I doubt that "people who do not wish to become legally bound to appear at > > the the author's home court whenever he files a frivolous lawsuit" can be > > meaningfully described as a "group of persons" that

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

2005-09-09 Thread Humberto Massa Guimarães
> 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

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

2005-09-09 Thread Humberto Massa Guimarães
> I doubt that "people who do not wish to become legally bound to appear > at the the author's home court whenever he files a frivolous lawsuit" > can be meaningfully described as a "group of persons" that can be > discriminated against. If everybody belongs to the group, is it > meaningfull to dis

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

2005-09-09 Thread George Danchev
On Friday 09 September 2005 15:46, Sven Luther wrote: > On Fri, Sep 09, 2005 at 07:23:10AM -0500, John Hasler wrote: > > Henning Makholm writes: > > > I doubt that "people who do not wish to become legally bound to appear > > > at the the author's home court whenever he files a frivolous lawsuit" >

Re: fresh review of: CDDL

2005-09-09 Thread MJ Ray
Steve Langasek <[EMAIL PROTECTED]> wrote: [control definition] > The intent here is to avoid a party to this license spinning choice > assets off into a corporation for the express purpose of playing shell > games and screwing the licensor in the event of license termination. If the screwing has a

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

2005-09-09 Thread Henning Makholm
Scripsit John Hasler > Henning Makholm writes: > > I doubt that "people who do not wish to become legally bound to appear at > > the the author's home court whenever he files a frivolous lawsuit" can be > > meaningfully described as a "group of persons" that can be discriminated > > against. > Wh

Re: CDDL

2005-09-09 Thread Sven Luther
On Thu, Sep 08, 2005 at 07:28:46PM +0100, Andrew Suffield wrote: > * 99.. MMIISSCCEELLLLAANNEEOOUUSS.. > This License represents the complete agreement concerning subject matter > hereof. If any provision of this License is held to be unenforceable, > such prov

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

2005-09-09 Thread Henning Makholm
Scripsit Paul TBBle Hampson <[EMAIL PROTECTED]> > On Thu, Sep 08, 2005 at 02:30:05PM +0200, Sven Luther wrote: >> 9. MISCELLANEOUS. >> Any law or regulation which provides that the language of a contract >> shall be construed against the drafter shall not apply to this License. > Can a l

Re: CDDL

2005-09-09 Thread Henning Makholm
Scripsit Andrew Suffield <[EMAIL PROTECTED]> > o 3.2. Modifications. > The Modifications that You create or to which You > contribute are governed by the terms of this License. I think this is sloppy language - the licensor cannot unilaterally make his license ap

Re: CDDL

2005-09-09 Thread Sven Luther
On Fri, Sep 09, 2005 at 04:51:56PM +0200, Henning Makholm wrote: > Scripsit Andrew Suffield <[EMAIL PROTECTED]> > > > o 3.2. Modifications. > > The Modifications that You create or to which You > > contribute are governed by the terms of this License. > > I think

Re: CDDL

2005-09-09 Thread Walter Landry
Sven Luther <[EMAIL PROTECTED]> wrote: > On Fri, Sep 09, 2005 at 04:51:56PM +0200, Henning Makholm wrote: > > Scripsit Andrew Suffield <[EMAIL PROTECTED]> > > > o 3.3. Required Notices. > > > You must include a notice in each of Your Modifications > > > that identi

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

2005-09-09 Thread Matthew Garrett
Henning Makholm <[EMAIL PROTECTED]> wrote: > Scripsit Matthew Garrett <[EMAIL PROTECTED]> > >> But that's already possible. The majority (all?) of licenses that we >> ship don't prevent me from being sued arbitrarily. > > The majority (all!) of license we ship do not demand that you agree > *in a

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

2005-09-09 Thread Matthew Garrett
George Danchev <[EMAIL PROTECTED]> wrote: > On Friday 09 September 2005 18:24, Matthew Garrett wrote: >> But that's already possible. The majority (all?) of licenses that we >> ship don't prevent me from being sued arbitrarily. The only difference >> that choice of venue makes is that it potentiall

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

2005-09-09 Thread Matthew Garrett
Henning Makholm <[EMAIL PROTECTED]> wrote: > Scripsit Matthew Garrett <[EMAIL PROTECTED]> >> Without the licensors, there is no commons. Without an ability to >> enforce licenses, the concept of copyleft becomes pointless. > > You seem to assert that licenses cannot be enforces unless the > licens

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

2005-09-09 Thread Humberto Massa Guimarães
** Matthew Garrett :: > Henning Makholm <[EMAIL PROTECTED]> wrote: > > Scripsit Matthew Garrett <[EMAIL PROTECTED]> > > > >> But that's already possible. The majority (all?) of licenses > >> that we ship don't prevent me from being sued arbitrarily. > > > > The majority (all!) of license we ship

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

2005-09-09 Thread Claus Färber
Andrew Suffield <[EMAIL PROTECTED]> schrieb/wrote: > You are the one who is supposedly attempting to offer an argument > here. Not me. I'm just telling you why yours is broken. You are actually creating straw mans which are broken. The original argument isn't. The argument, simplified, basically

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

2005-09-09 Thread Sven Luther
On Fri, Sep 09, 2005 at 05:35:36PM +0100, Matthew Garrett wrote: > George Danchev <[EMAIL PROTECTED]> wrote: > > On Friday 09 September 2005 18:24, Matthew Garrett wrote: > >> But that's already possible. The majority (all?) of licenses that we > >> ship don't prevent me from being sued arbitrarily

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

2005-09-09 Thread Henning Makholm
Scripsit Matthew Garrett <[EMAIL PROTECTED]> > Henning Makholm <[EMAIL PROTECTED]> wrote: >> Scripsit Matthew Garrett <[EMAIL PROTECTED]> >>> Without the licensors, there is no commons. Without an ability to >>> enforce licenses, the concept of copyleft becomes pointless. >> You seem to assert th

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

2005-09-09 Thread Henning Makholm
Scripsit Sven Luther <[EMAIL PROTECTED]> > I wonder, let's say you are going to be judged in some random US court, even > if it is with German laws, you still would fall into common US-practice legal > or something such ? Court procedures always go by the local law of the forum. -- Henning Mak

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

2005-09-09 Thread George Danchev
On Friday 09 September 2005 19:35, Matthew Garrett wrote: > George Danchev <[EMAIL PROTECTED]> wrote: > > On Friday 09 September 2005 18:24, Matthew Garrett wrote: > >> But that's already possible. The majority (all?) of licenses that we > >> ship don't prevent me from being sued arbitrarily. The o

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

2005-09-09 Thread Henning Makholm
Scripsit Matthew Garrett <[EMAIL PROTECTED]> > Why does the "exotic courts" aspect actually make any significant > difference? Are you honestly asserting that the cost of me travelling > to, say, Finland is going to be large compared to the costs of hiring a > lawyer to defend me? I am. If the pl

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

2005-09-09 Thread Matthew Garrett
Henning Makholm <[EMAIL PROTECTED]> wrote: > Scripsit Matthew Garrett <[EMAIL PROTECTED]> >> The licensor *already* has carte blanche to harrass licensees with >> fivolous lawsuits. > > No - if the court throws out the case ex officio because of lack of > jurisdiction, no harassment results. Eh?

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

2005-09-09 Thread Matthew Garrett
George Danchev <[EMAIL PROTECTED]> wrote: > On Friday 09 September 2005 19:35, Matthew Garrett wrote: >> That's choice of law, rather than choice of venue. I was under the >> impression that it was generally accepted. > > I mean the venue designates the jurisdiction where a lawsuit process is held

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

2005-09-09 Thread Olaf van der Spek
On 9/9/05, Matthew Garrett <[EMAIL PROTECTED]> wrote: > Humberto Massa Guimarães <[EMAIL PROTECTED]> wrote: > >> I doubt that "people who do not wish to become legally bound to appear > >> at the the author's home court whenever he files a frivolous lawsuit" > >> can be meaningfully described as a

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

2005-09-09 Thread Humberto Massa Guimarães
> The DFSG are not holy writ, but how about if I phrase it as > discrimination against licensors without money? DFSG #5: "No Discrimination Against Persons or Groups The license must not discriminate against any person or group of persons." This implies, at least to me, that the _licensor_ is not

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

2005-09-09 Thread Michael Poole
Matthew Garrett writes: > George Danchev <[EMAIL PROTECTED]> wrote: >> On Friday 09 September 2005 18:24, Matthew Garrett wrote: >>> But that's already possible. The majority (all?) of licenses that we >>> ship don't prevent me from being sued arbitrarily. The only difference >>> that choice of ve

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

2005-09-09 Thread Henning Makholm
Scripsit Matthew Garrett <[EMAIL PROTECTED]> > Henning Makholm <[EMAIL PROTECTED]> wrote: >> Scripsit Matthew Garrett <[EMAIL PROTECTED]> >>> The licensor *already* has carte blanche to harrass licensees with >>> fivolous lawsuits. >> No - if the court throws out the case ex officio because of la

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

2005-09-09 Thread Henning Makholm
Scripsit Matthew Garrett <[EMAIL PROTECTED]> >> I don't think it makes any difference. You just open new holes I'm arguing >> against. Why you need to put that baseless challenges on user's souls ? > The presence or absence of a choice of venue clause does not alter the > fact that the licensor

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

2005-09-09 Thread John Hasler
Henning Makholm writes: > A bicycle trip to my local courthouse: DKK 2, including write-offs on the > bicycle. A trip to some court in America: Tens of thousands of DKKs. If I were to sue you for infringing the copyright on my GPL software I would file in US district court. -- John Hasler --

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

2005-09-09 Thread Michael Poole
Matthew Garrett writes: > Henning Makholm <[EMAIL PROTECTED]> wrote: >> Scripsit Matthew Garrett <[EMAIL PROTECTED]> >>> Without the licensors, there is no commons. Without an ability to >>> enforce licenses, the concept of copyleft becomes pointless. >> >> You seem to assert that licenses cannot

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

2005-09-09 Thread Matthew Garrett
Henning Makholm <[EMAIL PROTECTED]> wrote: > Scripsit Matthew Garrett <[EMAIL PROTECTED]> >> In the case you're worrying about (obnoxious large businesses suing >> people in order to intimidate them), the difference in cost is >> unlikely to deter them. > > The point is that the cost *for me* of d

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

2005-09-09 Thread Michael Poole
Matthew Garrett writes: > Henning Makholm <[EMAIL PROTECTED]> wrote: >> Scripsit Matthew Garrett <[EMAIL PROTECTED]> >> >>> But that's already possible. The majority (all?) of licenses that we >>> ship don't prevent me from being sued arbitrarily. >> >> The majority (all!) of license we ship do

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

2005-09-09 Thread Raul Miller
On 09 Sep 2005 17:52:00 +0200, Claus Färber <[EMAIL PROTECTED]> wrote: > The argument, simplified, basically goes like this: > > 1. Program A is licensed under the GPL. => Debian can distribute A. > Library M is licensed under the GPL. => Debian can distribute M. > Program B is a derivative of

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

2005-09-09 Thread Henning Makholm
Scripsit Matthew Garrett <[EMAIL PROTECTED]> > Henning Makholm <[EMAIL PROTECTED]> wrote: >> Scripsit Matthew Garrett <[EMAIL PROTECTED]> >>> In the case you're worrying about (obnoxious large businesses suing >>> people in order to intimidate them), the difference in cost is >>> unlikely to deter

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

2005-09-09 Thread George Danchev
On Friday 09 September 2005 21:03, Matthew Garrett wrote: --cut-- > > That wouldn't make your argument more coherent. We're concerned > > exclusively with which rights the *user* gets. Whether the author > > thinks it is worth it to give the user those rights is not something > > we consider at all

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

2005-09-09 Thread Humberto Massa Guimarães
Raul, 90% of your questions (below) are rethoric. Assume every work eligible for copyright protection, for the sake of the argument, and for $DEITY's sake. AND we're talking ONLY about dynamic linking. AND, to boot, that those bits that end up in a compiled work by way of being in a .h file (for in

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

2005-09-09 Thread Matthew Garrett
Henning Makholm <[EMAIL PROTECTED]> wrote: > Scripsit Matthew Garrett <[EMAIL PROTECTED]> >> You're ignoring the cost of paying for any sort of legal advice, which >> isn't very realistic. > > No I'm not. When the case is trule meritless there is usually no > reason to involve a lawyer (*unless* o

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

2005-09-09 Thread Michael Poole
John Hasler writes: > Henning Makholm writes: >> A bicycle trip to my local courthouse: DKK 2, including write-offs on the >> bicycle. A trip to some court in America: Tens of thousands of DKKs. > > If I were to sue you for infringing the copyright on my GPL software I > would file in US district

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

2005-09-09 Thread Matthew Garrett
George Danchev <[EMAIL PROTECTED]> wrote: > On Friday 09 September 2005 21:03, Matthew Garrett wrote: >> Oh, bollocks. The social contract is with the free software community, >> not just the users. Arguing that the rights of the user are the only >> ones that matter suggests that the GPL ought to

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

2005-09-09 Thread Michael Poole
Matthew Garrett writes: > My insurance optionally covers employment disputes, accidents and > housing issues. I don't have any cover that protects me from arbitrary > legal cases. In any case, "Discriminates against poor people who have an > insurance policy that covers legal cases in their home c

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

2005-09-09 Thread Matthew Garrett
Michael Poole <[EMAIL PROTECTED]> wrote: > Matthew Garrett writes: > >> My insurance optionally covers employment disputes, accidents and >> housing issues. I don't have any cover that protects me from arbitrary >> legal cases. In any case, "Discriminates against poor people who have an >> insuran

Re: fresh review of: CDDL

2005-09-09 Thread Joe Smith
[...] o 1.13. "You" (or "Your") means an individual or a legal entity exercising rights under, and complying with all of the terms of, this License. For legal entities, "You" includes any entity which controls, is controlled by, or is under common control

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

2005-09-09 Thread Michael Poole
Matthew Garrett writes: > Michael Poole <[EMAIL PROTECTED]> wrote: >> As you point out elsewhere, total fabrications can be invented to >> support any claim, but DFSG freedom questions should be limited to >> what the license imposes on or requires from users. > > What's the point in us worrying a

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

2005-09-09 Thread Andrew Suffield
On Fri, Sep 09, 2005 at 05:35:36PM +0100, Matthew Garrett wrote: > George Danchev <[EMAIL PROTECTED]> wrote: > > On Friday 09 September 2005 18:24, Matthew Garrett wrote: > >> But that's already possible. The majority (all?) of licenses that we > >> ship don't prevent me from being sued arbitrarily

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

2005-09-09 Thread Andrew Suffield
On Fri, Sep 09, 2005 at 10:24:19PM +1000, Paul TBBle Hampson wrote: > On Thu, Sep 08, 2005 at 02:30:05PM +0200, Sven Luther wrote: > > 9. MISCELLANEOUS. > > > Any law or regulation which provides that the language of a contract > > shall be construed against the drafter shall not apply to

Re: CDDL

2005-09-09 Thread Joe Smith
"Henning Makholm" <[EMAIL PROTECTED]> wrote in message news:[EMAIL PROTECTED] Scripsit Andrew Suffield <[EMAIL PROTECTED]> o 3.2. Modifications. The Modifications that You create or to which You contribute are governed by the terms of this License. I thin

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

2005-09-09 Thread Andrew Suffield
On Fri, Sep 09, 2005 at 12:44:56PM -0500, John Hasler wrote: > Henning Makholm writes: > > A bicycle trip to my local courthouse: DKK 2, including write-offs on the > > bicycle. A trip to some court in America: Tens of thousands of DKKs. > > If I were to sue you for infringing the copyright on my

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

2005-09-09 Thread Andrew Suffield
On Fri, Sep 09, 2005 at 05:52:00PM +0200, Claus F?rber wrote: > So one of the assumptions made above is wrong. The one where you assumed that dynamic linking was relevent. I've been saying that all along. -- .''`. ** Debian GNU/Linux ** | Andrew Suffield : :' : http://www.debian.org/ | `.

Re: fresh review of: CDDL

2005-09-09 Thread Henri Sivonen
On Sep 9, 2005, at 22:16, Joe Smith wrote: [...] o 1.13. "You" (or "Your") means an individual or a legal entity exercising rights under, and complying with all of the terms of, this License. For legal entities, "You" includes any entity which controls,

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

2005-09-09 Thread Andrew Suffield
On Fri, Sep 09, 2005 at 09:54:04AM -0300, Humberto Massa Guimar?es wrote: > > 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

Re: fresh review of: CDDL

2005-09-09 Thread Humberto Massa Guimarães
> FWIW, the phrasing comes verbatim from MPL 1.1. MPL 1.1 is DFSG-free, > right? not according to http://lists.debian.org/debian-legal/2004/06/msg00221.html -- HTH, Massa -- To UNSUBSCRIBE, email to [EMAIL PROTECTED] with a subject of "unsubscribe". Trouble? Contact [EMAIL PROTECTED]

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

2005-09-09 Thread David Nusinow
On Fri, Sep 09, 2005 at 02:56:11PM -0400, Michael Poole wrote: > John Hasler writes: > > > Henning Makholm writes: > >> A bicycle trip to my local courthouse: DKK 2, including write-offs on the > >> bicycle. A trip to some court in America: Tens of thousands of DKKs. > > > > If I were to sue you f

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

2005-09-09 Thread Humberto Massa Guimarães
> > FRCP 8(a) requires any such claim to explain why the court has > > jurisdiction over the question and the defendant. How would your > > pleading address this? > > Why would US citizenship not be sufficient? Whose US citizenship? -- To UNSUBSCRIBE, email to [EMAIL PROTECTED] with a subject

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

2005-09-09 Thread David Nusinow
On Fri, Sep 09, 2005 at 08:44:39PM +0100, Andrew Suffield wrote: > On Fri, Sep 09, 2005 at 12:44:56PM -0500, John Hasler wrote: > > Henning Makholm writes: > > > A bicycle trip to my local courthouse: DKK 2, including write-offs on the > > > bicycle. A trip to some court in America: Tens of thousan

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

2005-09-09 Thread David Nusinow
Please stop breaking threads. On Fri, Sep 09, 2005 at 04:53:15PM -0300, Humberto Massa Guimarães wrote: > > > FRCP 8(a) requires any such claim to explain why the court has > > > jurisdiction over the question and the defendant. How would your > > > pleading address this? > > > > Why would US ci

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

2005-09-09 Thread Michael Poole
David Nusinow writes: > On Fri, Sep 09, 2005 at 02:56:11PM -0400, Michael Poole wrote: >> John Hasler writes: >> >> > Henning Makholm writes: >> >> A bicycle trip to my local courthouse: DKK 2, including write-offs on the >> >> bicycle. A trip to some court in America: Tens of thousands of DKKs.

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

2005-09-09 Thread Humberto Massa Guimarães
> > > Why would US citizenship not be sufficient? > > > > Whose US citizenship? > > The plaintiff. No. Because the Court has no bearing on what would a non-US-citizen nor-US-resident (the defendant) will do. If the Court orders you (*) to stop distributing some software and you don't, the Polic

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

2005-09-09 Thread David Nusinow
On Fri, Sep 09, 2005 at 05:01:17PM -0300, Humberto Massa Guimarães wrote: > > > > Why would US citizenship not be sufficient? > > > > > > Whose US citizenship? > > > > The plaintiff. > > No. > > Because the Court has no bearing on what would a non-US-citizen > nor-US-resident (the defendant) wi

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

2005-09-09 Thread Michael Poole
David Nusinow writes: > On Fri, Sep 09, 2005 at 05:01:17PM -0300, Humberto Massa Guimarães wrote: >> > > > Why would US citizenship not be sufficient? >> > > >> > > Whose US citizenship? >> > >> > The plaintiff. >> >> No. >> >> Because the Court has no bearing on what would a non-US-citizen >>

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

2005-09-09 Thread Måns Rullgård
[EMAIL PROTECTED] (Claus Färber) writes: > Andrew Suffield <[EMAIL PROTECTED]> schrieb/wrote: >> You are the one who is supposedly attempting to offer an argument >> here. Not me. I'm just telling you why yours is broken. > > You are actually creating straw mans which are broken. The original > ar

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

2005-09-09 Thread Måns Rullgård
Andrew Suffield <[EMAIL PROTECTED]> writes: > On Fri, Sep 09, 2005 at 09:54:04AM -0300, Humberto Massa Guimar?es wrote: >> > 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

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

2005-09-09 Thread Andrew Suffield
On Fri, Sep 09, 2005 at 09:30:17PM +0100, M?ns Rullg?rd wrote: > >> No, you are not "telling me why my argument is broken". If you are > >> trying, you're not being very clear. Why is my argument broken exactly? > > > > By trivially continuing it to the next obvious point, it concludes > > that the

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

2005-09-09 Thread Andrew Suffield
On Fri, Sep 09, 2005 at 03:56:47PM -0400, David Nusinow wrote: > On Fri, Sep 09, 2005 at 08:44:39PM +0100, Andrew Suffield wrote: > > On Fri, Sep 09, 2005 at 12:44:56PM -0500, John Hasler wrote: > > > Henning Makholm writes: > > > > A bicycle trip to my local courthouse: DKK 2, including write-offs

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

2005-09-09 Thread Steve Langasek
[debian-devel dropped, way off topic there] On Fri, Sep 09, 2005 at 07:37:30PM +0200, Henning Makholm wrote: > > In the case you're worrying about (obnoxious large businesses suing > > people in order to intimidate them), the difference in cost is > > unlikely to deter them. > The point is that t

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

2005-09-09 Thread David Nusinow
On Fri, Sep 09, 2005 at 09:55:24PM +0100, Andrew Suffield wrote: > Not really interested in the case where you actually did infringe on > the license. I don't think it's worthwhile to worry about whether we > discriminate against such people. > > Nuisance lawsuits are the canonical example of the

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

2005-09-09 Thread Michael K. Edwards
On 9/9/05, Andrew Suffield <[EMAIL PROTECTED]> wrote: > I am acutely disinterested in that debate because it's long and > boring, but there's a lot of law professors who like it and think that > the GPL does work. I suggest you go argue with them instead. Name one other than Mr. Moglen. - Michael

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

2005-09-09 Thread Matthew Garrett
Michael Poole <[EMAIL PROTECTED]> wrote: > Matthew Garrett writes: >> What's the point in us worrying about licenses granting freedoms that >> can't actually be exercised in life? There is no "freedom not to be >> sued", so it's impossible for a license to contravene that. > > There are the DFSG f

Re: fresh review of: CDDL

2005-09-09 Thread Matthew Garrett
Humberto Massa Guimarães <[EMAIL PROTECTED]> wrote: >> FWIW, the phrasing comes verbatim from MPL 1.1. MPL 1.1 is DFSG-free, >> right? > > not according to > http://lists.debian.org/debian-legal/2004/06/msg00221.html Someone should really file a removal request against Mozilla. (No, Mozilla is

Re: fresh review of: CDDL

2005-09-09 Thread Steve Langasek
On Sat, Sep 10, 2005 at 12:01:13AM +0100, Matthew Garrett wrote: > Humberto Massa Guimarães <[EMAIL PROTECTED]> wrote: > >> FWIW, the phrasing comes verbatim from MPL 1.1. MPL 1.1 is DFSG-free, > >> right? > > not according to > > http://lists.debian.org/debian-legal/2004/06/msg00221.html > Some

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

2005-09-09 Thread Steve Langasek
On Fri, Sep 09, 2005 at 05:17:06PM -0400, David Nusinow wrote: > On Fri, Sep 09, 2005 at 09:55:24PM +0100, Andrew Suffield wrote: > > Not really interested in the case where you actually did infringe on > > the license. I don't think it's worthwhile to worry about whether we > > discriminate agains

Re: fresh review of: CDDL

2005-09-09 Thread Matthew Garrett
Steve Langasek <[EMAIL PROTECTED]> wrote: > On Sat, Sep 10, 2005 at 12:01:13AM +0100, Matthew Garrett wrote: >> (No, Mozilla is not entirely under the GPL yet) > > I have verbal assurance from the Mozilla folks that it is, actually, > regardless of what the various copyright statements in the tree

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

2005-09-09 Thread David Nusinow
On Fri, Sep 09, 2005 at 04:31:17PM -0700, Steve Langasek wrote: > On Fri, Sep 09, 2005 at 05:17:06PM -0400, David Nusinow wrote: > > Ok, thank you for clarifying that. I think we need to consider the point > > that Matthew has been raising though, that a choice of venue clause may be > > important

Re: fresh review of: CDDL

2005-09-09 Thread Steve Langasek
On Sat, Sep 10, 2005 at 12:36:30AM +0100, Matthew Garrett wrote: > Steve Langasek <[EMAIL PROTECTED]> wrote: > > On Sat, Sep 10, 2005 at 12:01:13AM +0100, Matthew Garrett wrote: > >> (No, Mozilla is not entirely under the GPL yet) > > I have verbal assurance from the Mozilla folks that it is, actu

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

2005-09-09 Thread Gunnar Wolf
John Hasler dijo [Fri, Sep 09, 2005 at 12:44:56PM -0500]: > Henning Makholm writes: > > A bicycle trip to my local courthouse: DKK 2, including write-offs on the > > bicycle. A trip to some court in America: Tens of thousands of DKKs. > > If I were to sue you for infringing the copyright on my GPL

Re: fresh review of: CDDL

2005-09-09 Thread Joe Smith
"Henri Sivonen" <[EMAIL PROTECTED]> wrote in message news:[EMAIL PROTECTED] On Sep 9, 2005, at 22:16, Joe Smith wrote: [...] o 1.13. "You" (or "Your") means an individual or a legal entity exercising rights under, and complying with all of the terms of, this Lice

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

2005-09-09 Thread Gunnar Wolf
Matthew Garrett dijo [Fri, Sep 09, 2005 at 05:33:09PM +0100]: > > The majority (all!) of license we ship do not demand that you agree > > *in advance* to waive your usual protections against arbitrary > > lawsuits in exotic courts. > > Why does the "exotic courts" aspect actually make any signific

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

2005-09-09 Thread John Hasler
I wrote: > If I were to sue you for infringing the copyright on my GPL software I > would file in US district court. Gunnar Wolf writes: > Does law apply extraterritorially? I don't think so. If he is infringing > your copyright in Indonesia, you can sue him in Indonesia... If I find that Nokia i

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

2005-09-09 Thread Don Armstrong
On Fri, 09 Sep 2005, John Hasler wrote: > Gunnar Wolf writes: > > ...Or get him extradited somehow. > > Extradition has nothing to do with civil lawsuits. Hey, copyright infringement is a crime these days... Don Armstrong -- [A] theory is falsifiable [(and therefore scientific) only] if the c

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

2005-09-09 Thread Andrew Suffield
On Fri, Sep 09, 2005 at 06:52:07PM -0700, Don Armstrong wrote: > On Fri, 09 Sep 2005, John Hasler wrote: > > Gunnar Wolf writes: > > > ...Or get him extradited somehow. > > > > Extradition has nothing to do with civil lawsuits. > > Hey, copyright infringement is a crime these days... And the US

Re: fresh review of: CDDL

2005-09-09 Thread Andrew Suffield
On Sat, Sep 10, 2005 at 12:01:13AM +0100, Matthew Garrett wrote: > Humberto Massa Guimarães <[EMAIL PROTECTED]> wrote: > >> FWIW, the phrasing comes verbatim from MPL 1.1. MPL 1.1 is DFSG-free, > >> right? > > > > not according to > > http://lists.debian.org/debian-legal/2004/06/msg00221.html >

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

2005-09-09 Thread George Danchev
On Saturday 10 September 2005 02:48, David Nusinow wrote: --cut-- > If someone is going to file a lawsuit, someone has to pay for it. If the > two sides live in different places, one of them has to travel no matter > what, and thus pay for that expense. If we say that choice of venue clauses > aren

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

2005-09-09 Thread Matthew Garrett
Humberto Massa Guimarães <[EMAIL PROTECTED]> wrote: >> I doubt that "people who do not wish to become legally bound to appear >> at the the author's home court whenever he files a frivolous lawsuit" >> can be meaningfully described as a "group of persons" that can be >> discriminated against. If ev

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

2005-09-09 Thread Humberto Massa Guimarães
> Whereas the alternative may be that licensors are unable to afford the > enforcement of their license. Would you prefer to discriminate against > them? YES. Please. The DFSG #5 says you should not discriminate the licensee; the licensor is OK. Debian does, in an active basis, discriminate agains

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

2005-09-09 Thread George Danchev
On Friday 09 September 2005 17:35, Matthew Garrett wrote: > Humberto Massa Guimarães <[EMAIL PROTECTED]> wrote: > >> I doubt that "people who do not wish to become legally bound to appear > >> at the the author's home court whenever he files a frivolous lawsuit" > >> can be meaningfully described a

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

2005-09-09 Thread Matthew Garrett
Humberto Massa Guimarães <[EMAIL PROTECTED]> wrote: > Free Software is about the licensors (copyright owners) relinquishing some > of their rights to assure the rights of the "commons". Without the licensors, there is no commons. Without an ability to enforce licenses, the concept of copyleft bec

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