Re: DRAFT for a GR proposal concerning the Sarge release

2004-04-29 Thread Josh Triplett
Glenn Maynard wrote: > On Wed, Apr 28, 2004 at 08:04:13AM -0400, Stephen Frost wrote: > >>Has anyone asked Linus what his feelings are regarding firmware? If he >>thinks it's acceptable (or possibly even the 'preferred form of >>modification') to have in Linux and that it's not violating the GPL

Re: DRAFT for a GR proposal concerning the Sarge release

2004-04-29 Thread Nathanael Nerode
Thiemo Seufer wrote: > Maintaining a bunch of firmware .(u)debs and keeping them in sync with > their appropriate kernel version is surely more effort that two kernel > packages. No, it's not. The firmware, if done right, will be in architecture-independent, kernel-version-neutral packages. --

Re: DRAFT for a GR proposal concerning the Sarge release

2004-04-28 Thread Glenn Maynard
On Wed, Apr 28, 2004 at 10:51:32PM -0400, Stephen Frost wrote: > We're making a strong effort to paint ourselves into a corner we can't > get out of. We *need* a clarification. This assumption of the worst > possible isn't acceptable or even reasonable. Given that we need a > clarification the b

Re: DRAFT for a GR proposal concerning the Sarge release

2004-04-28 Thread Stephen Frost
* Glenn Maynard ([EMAIL PROTECTED]) wrote: > "We can't reasonably get permission to do this" does *not* mean "therefore > let's just assume we have it". Debian makes a strong effort not to be > that sloppy and careless with licensing. We're making a strong effort to paint ourselves into a corner

Re: DRAFT for a GR proposal concerning the Sarge release

2004-04-28 Thread Glenn Maynard
On Wed, Apr 28, 2004 at 09:34:40PM -0400, Stephen Frost wrote: > If we make a reasonable attempt to get clarification on the license the > kernel is distributed under from the *source* of the kernel tarballs > that we use then that should mitigate the risk. No, it won't remove all > risk like gett

Re: DRAFT for a GR proposal concerning the Sarge release

2004-04-28 Thread Stephen Frost
* Glenn Maynard ([EMAIL PROTECTED]) wrote: > On Wed, Apr 28, 2004 at 04:42:14PM -0400, Stephen Frost wrote: > > Certainly you can develop a case where it's not possible to get > > clarification on the license. That's not constructive or necessary imv. > > If it's the case, then it's the case. "I

Re: DRAFT for a GR proposal concerning the Sarge release

2004-04-28 Thread Thiemo Seufer
Lewis Jardine wrote: > Thiemo Seufer wrote: > > >>As I understand it, Debian makes a point of considering the interests of > >>'unrelated third part[ies]', especially when it comes to the chance of > >>copyright infringement. > >So does Debian consider the interests of SCO then? They also claim

Re: DRAFT for a GR proposal concerning the Sarge release

2004-04-28 Thread Glenn Maynard
On Wed, Apr 28, 2004 at 04:42:14PM -0400, Stephen Frost wrote: > Certainly you can develop a case where it's not possible to get > clarification on the license. That's not constructive or necessary imv. If it's the case, then it's the case. "Inconvenient" does not imply "false", whether we like

Re: DRAFT for a GR proposal concerning the Sarge release

2004-04-28 Thread Stephen Frost
* Glenn Maynard ([EMAIL PROTECTED]) wrote: > I concur with the other responses: Linus is not the sole copyright holder. > > I'll also reiterate the other problem: even if we believe that the entire > Linux kernel developer body agrees (which may be the case, though I doubt > it), I'm sure there's

Re: DRAFT for a GR proposal concerning the Sarge release

2004-04-28 Thread Glenn Maynard
On Wed, Apr 28, 2004 at 08:04:13AM -0400, Stephen Frost wrote: > Has anyone asked Linus what his feelings are regarding firmware? If he > thinks it's acceptable (or possibly even the 'preferred form of > modification') to have in Linux and that it's not violating the GPL then > I don't think we h

Re: DRAFT for a GR proposal concerning the Sarge release

2004-04-28 Thread Mahesh T. Pai
Thiemo Seufer said on Wed, Apr 28, 2004 at 06:18:00AM +0200,: > What exactly are these great benefits? I see diminished driver > support and a lack of documentation, or alternatively non-free as a > rather That is what I used to think, till I realised that the prospect of a large numbe

Re: DRAFT for a GR proposal concerning the Sarge release

2004-04-28 Thread Michael Banck
On Wed, Apr 28, 2004 at 10:36:20AM -0700, Don Armstrong wrote: > [I think I really should have sent this originally to -legal... feel > free to send it back over there if you think it's more > appropriate.[1]] M-F-T (hopefully correctly) set. > On Wed, 28 Apr 2004, Michael Banck wrote: > > I woul

Re: DRAFT for a GR proposal concerning the Sarge release

2004-04-28 Thread John Hasler
Stephen writes: > In these cases of ambiguity it makes sense to me to ask the copyright > holder to clarify for us instead of assuming that they're violating their > own license. Linus is only the copyright owner of those portions of the kernel that he personally wrote. Each contributor owns the

Re: DRAFT for a GR proposal concerning the Sarge release

2004-04-28 Thread Xavier Roche
On Wed, 28 Apr 2004, Stephen Frost wrote: > Has anyone asked Linus what his feelings are regarding firmware? Good idea. And two interesting posts related tot his issue: (Wed, 10 Dec 2003 ) http://groups.google.fr/groups?selm=11gWH-4XN-1%40gated-at.bofh.it&oe=UTF-8&output=gplain "And I think thi

Re: DRAFT for a GR proposal concerning the Sarge release

2004-04-28 Thread Stephen Frost
* Glenn Maynard ([EMAIL PROTECTED]) wrote: > On Wed, Apr 28, 2004 at 06:21:27AM +0200, Thiemo Seufer wrote: > > For "possible", that is, unsubstantioned license violation claims, yes. > > Distributing a GPL binary linked against code whose source is not available > is a clear-cut violation of the

Re: DRAFT for a GR proposal concerning the Sarge release

2004-04-28 Thread Francesco P. Lovergine
On Wed, Apr 28, 2004 at 06:20:10AM +0100, Lewis Jardine wrote: > Thiemo Seufer wrote: > > >>As I understand it, Debian makes a point of considering the interests of > >>'unrelated third part[ies]', especially when it comes to the chance of > >>copyright infringement. > >So does Debian consider t

Re: DRAFT for a GR proposal concerning the Sarge release

2004-04-28 Thread Manoj Srivastava
On Wed, 28 Apr 2004 16:22:29 +1000, Hamish Moffatt <[EMAIL PROTECTED]> said: > On Tue, Apr 27, 2004 at 06:02:40PM -0500, Manoj Srivastava wrote: >> The former is fine, this merely reinstates the former release >> policy. But wilfully distributing software that violates the >> license it is shippe

Re: DRAFT for a GR proposal concerning the Sarge release

2004-04-28 Thread Lewis Jardine
Thiemo Seufer wrote: As I understand it, Debian makes a point of considering the interests of 'unrelated third part[ies]', especially when it comes to the chance of copyright infringement. So does Debian consider the interests of SCO then? They also claim copyright infringement. I'd hope so, i

Re: DRAFT for a GR proposal concerning the Sarge release

2004-04-28 Thread Glenn Maynard
On Wed, Apr 28, 2004 at 06:21:27AM +0200, Thiemo Seufer wrote: > For "possible", that is, unsubstantioned license violation claims, yes. Distributing a GPL binary linked against code whose source is not available is a clear-cut violation of the terms of the GPL. I don't think even existing practi

Re: DRAFT for a GR proposal concerning the Sarge release

2004-04-27 Thread Thiemo Seufer
Glenn Maynard wrote: > On Wed, Apr 28, 2004 at 05:07:55AM +0200, Thiemo Seufer wrote: > > If you want to avoid every imaginable legal risk, you have to shut down > > Debian immediately. > > Your arguments could be used to dismiss *any* question about possible > license violation. For "possible",

Re: DRAFT for a GR proposal concerning the Sarge release

2004-04-27 Thread Thiemo Seufer
Lewis Jardine wrote: [snip] > As I understand it, Debian makes a point of considering the interests of > 'unrelated third part[ies]', especially when it comes to the chance of > copyright infringement. So does Debian consider the interests of SCO then? They also claim copyright infringement. >

Re: DRAFT for a GR proposal concerning the Sarge release

2004-04-27 Thread Glenn Maynard
On Wed, Apr 28, 2004 at 05:07:55AM +0200, Thiemo Seufer wrote: > If you want to avoid every imaginable legal risk, you have to shut down > Debian immediately. Your arguments could be used to dismiss *any* question about possible license violation. -- Glenn Maynard

Re: DRAFT for a GR proposal concerning the Sarge release

2004-04-27 Thread Thiemo Seufer
Glenn Maynard wrote: > On Wed, Apr 28, 2004 at 03:45:37AM +0200, Thiemo Seufer wrote: > > An unrelated third party, whose stance doesn't matter for the issue. > > How is Debian unrelated? They're risking violating the GPL, and putting > themselves at legal risk. If you want to avoid every imagin

Re: DRAFT for a GR proposal concerning the Sarge release

2004-04-27 Thread Lewis Jardine
Thiemo Seufer wrote: [I'm not subscribed to -legal] Glenn Maynard wrote: On Wed, Apr 28, 2004 at 02:22:58AM +0200, Thiemo Seufer wrote: Currently those concerns are vented by people who aren't authors of kernel stuff. Indeed: it's by people who are concerned about violating the licensing

Re: DRAFT for a GR proposal concerning the Sarge release

2004-04-27 Thread Glenn Maynard
On Wed, Apr 28, 2004 at 03:45:37AM +0200, Thiemo Seufer wrote: > An unrelated third party, whose stance doesn't matter for the issue. How is Debian unrelated? They're risking violating the GPL, and putting themselves at legal risk. This isn't a matter of a "stance"; this is a matter of trying to

Re: DRAFT for a GR proposal concerning the Sarge release

2004-04-27 Thread Thiemo Seufer
[I'm not subscribed to -legal] Glenn Maynard wrote: > On Wed, Apr 28, 2004 at 02:22:58AM +0200, Thiemo Seufer wrote: > > Currently those concerns are vented by people who aren't authors > > of kernel stuff. > > Indeed: it's by people who are concerned about violating the licensing > terms of thos

Re: DRAFT for a GR proposal concerning the Sarge release

2004-04-27 Thread Glenn Maynard
On Wed, Apr 28, 2004 at 02:22:58AM +0200, Thiemo Seufer wrote: > Currently those concerns are vented by people who aren't authors > of kernel stuff. Indeed: it's by people who are concerned about violating the licensing terms of those who are. > >From what I gathered, the vast majority of kernel

Re: DRAFT for a GR proposal concerning the Sarge release

2004-04-27 Thread Thiemo Seufer
[I'm not subcribed to -legal] Glenn Maynard wrote: > On Wed, Apr 28, 2004 at 01:47:17AM +0200, Thiemo Seufer wrote: > > Do we? WRT kernel firmware, the driver authors seem to see it as a > > collection of works (with the firmware being one part), and at least > > I tend to prefer the author's opin

Re: DRAFT for a GR proposal concerning the Sarge release

2004-04-27 Thread Glenn Maynard
On Wed, Apr 28, 2004 at 01:47:17AM +0200, Thiemo Seufer wrote: > Do we? WRT kernel firmware, the driver authors seem to see it as a > collection of works (with the firmware being one part), and at least > I tend to prefer the author's opinion over third-party interpretations. The author's opinion