Re: RMS on Plan 9 license, with my comments

2000-07-26 Thread John Cowan
David Johnson wrote: I believe that copyright grants the user the right to make modifications. HOWEVER, it does not also confer the right to distribute those modifications. The U.S. Copyright Act (section 106), which I will take as typical, says: # § 106. Exclusive rights in copyrighted

Re: RMS on Plan 9 license, with my comments

2000-07-26 Thread David Johnson
On Tue, 25 Jul 2000, John Cowan wrote: # § 106. Exclusive rights in copyrighted works # Subject to sections 107 through 120, the owner of copyright under this title # has the exclusive rights to do and to authorize any of the following: [...] # (2) to prepare derivative works based upon the

Re: RMS on Plan 9 license, with my comments

2000-07-26 Thread David Johnson
On Mon, 24 Jul 2000, John Cowan wrote: "Own" is a sticky word. What we are talking about is the right to make modified versions, which is clearly within the ambit of copyright. You have no right to make modified versions of a program unless the copyright owner grants you that right. I

RE: RMS on Plan 9 license, with my comments

2000-07-24 Thread Rod Dixon, J.D., LL.M.
ubject: Re: RMS on Plan 9 license, with my comments On Sun, 23 Jul 2000, David Johnson wrote: On Sun, 23 Jul 2000, Matthew Weigel wrote: Is there a problem with deleting the word reasonable? Are you simply arguing that it doesn't need to be deleted, that it's too small detail to

Re: RMS on Plan 9 license, with my comments

2000-07-24 Thread David Johnson
On Sun, 23 Jul 2000, Matthew C. Weigel wrote: I can't understand this. You agree, completely, that we don't know (barring someone doing legal research) what 'reasonable fee' means. And then you argue that as long as the definition of an ephemeral word is not contested, there's no problem,

RE: RMS on Plan 9 license, with my comments

2000-07-24 Thread SamBC
-Original Message- From: Matthew C. Weigel [mailto:[EMAIL PROTECTED]] SNIP I can't understand this. You agree, completely, that we don't know (barring someone doing legal research) what 'reasonable fee' means. And then you argue that as long as the definition of an ephemeral

RE: RMS on Plan 9 license, with my comments

2000-07-24 Thread SamBC
-Original Message- From: Rod Dixon, J.D., LL.M. [mailto:[EMAIL PROTECTED]] I think someone suggested dropping the word "reasonable." I think that is a good idea. RMS seems to think so too. True, but RMS is not a god, and we are debating wether the license is Open Source, not Free

Re: RMS on Plan 9 license, with my comments

2000-07-24 Thread John Cowan
David Johnson wrote: As a practical matter, though, this is just as meaningless as arguing over how many angels can dance on the head of a pin :-) But does computation require a material substrate? :-) You're only supposed to submit the code upon request. First of all, Lucent has to know

Re: RMS on Plan 9 license, with my comments

2000-07-24 Thread John Cowan
SamBC wrote: Sounds like it prohibts nothing, just demands that modifications be submitted to the originator, as in many current licenses. Which is the notional equivalent of demanding that the marginal notes you make in a book you own constitute a modified work, and that you must send a

RE: RMS on Plan 9 license, with my comments

2000-07-24 Thread Rod Dixon, J.D., LL.M.
I Agree. Rod -Original Message- From: SamBC [mailto:[EMAIL PROTECTED]] Sent: Monday, July 24, 2000 9:21 AM To: License Discussion (opensource) Subject: RE: RMS on Plan 9 license, with my comments -Original Message- From: Rod Dixon, J.D., LL.M. [mailto:[EMAIL PROTECTED

Re: RMS on Plan 9 license, with my comments

2000-07-23 Thread Matthew C. Weigel
On Sat, 22 Jul 2000, David Johnson wrote: and may, at Your option, include a reasonable charge for the cost of any media. This seems to limit the price that may be charged for an initial distribution, prohibiting selling copies for a profit. I don't think this is really a

Re: RMS on Plan 9 license, with my comments

2000-07-23 Thread David Johnson
On Sun, 23 Jul 2000, Matthew C. Weigel wrote: But there is, potentially, a difference -- someone can take you to court over whether your fee was 'reasonable.' The GPL has no such limits: The clause in question does not state that Lucent gets to decide what is "reasonable". For all intents and

Re: RMS on Plan 9 license, with my comments

2000-07-23 Thread David Johnson
On Sun, 23 Jul 2000, Matthew Weigel wrote: The clause in question does not state that Lucent gets to decide what is "reasonable". For all intents and purposes, if a buyer and a sell agree on a price, it is reasonable. As such, it is a meaningless adjective. You are trying to treat the

Re: RMS on Plan 9 license, with my comments

2000-07-23 Thread Matthew Weigel
On Sun, 23 Jul 2000, David Johnson wrote: You are trying to treat the license as a cut and dried technical statement, and it's not; its application includes jurisdiction, precedence, judge, and jury. Any one of those can make a decision about what 'reasonable' means. All too often it

RE: RMS on Plan 9 license, with my comments

2000-07-23 Thread SamBC
lto:[EMAIL PROTECTED]] Sent: 23 July 2000 20:15 To: David Johnson Cc: Matthew C. Weigel; [EMAIL PROTECTED] Subject: Re: RMS on Plan 9 license, with my comments [sorry I'm using a different account, it's a little more convenient] On Sun, 23 Jul 2000, David Johnson wrote: On Sun, 23 Jul 200

Re: RMS on Plan 9 license, with my comments

2000-07-23 Thread David Johnson
On Sun, 23 Jul 2000, Matthew Weigel wrote: Is there a problem with deleting the word reasonable? Are you simply arguing that it doesn't need to be deleted, that it's too small detail to matter? Because we don't know what reasonable might mean in a court room, and it might make a

RE: RMS on Plan 9 license, with my comments

2000-07-23 Thread Rod Dixon, J.D., LL.M.
On Sat, 22 Jul 2000, John Cowan wrote: This prohibits modifications for private use, denying the users a basic right I agree with RMS here. Not allowing the private use of private changes is way unreasonable. As a practical matter, though, this is just as meaningless as arguing

Re: RMS on Plan 9 license, with my comments

2000-07-23 Thread Matthew C. Weigel
On Sun, 23 Jul 2000, David Johnson wrote: On Sun, 23 Jul 2000, Matthew Weigel wrote: Is there a problem with deleting the word reasonable? Are you simply arguing that it doesn't need to be deleted, that it's too small detail to matter? Because we don't know what reasonable might mean

RE: RMS on Plan 9 license, with my comments

2000-07-23 Thread Rod Dixon, J.D., LL.M.
PROTECTED] -Original Message- From: John Cowan [mailto:[EMAIL PROTECTED]] Sent: Sunday, July 23, 2000 1:57 AM To: [EMAIL PROTECTED] Cc: [EMAIL PROTECTED] Subject: RMS on Plan 9 license, with my comments RMS wrote an article on the Plan 9 license, available at http://www.gnu.org

RMS on Plan 9 license, with my comments

2000-07-22 Thread John Cowan
RMS wrote an article on the Plan 9 license, available at http://www.gnu.org/philosophy/plan-nine.html . I have made excerpts from it here as a matter of fair use. First, here are the provisions that make the software non-free. You agree to provide the Original Contributor, at its request,

Re: RMS on Plan 9 license, with my comments

2000-07-22 Thread David Johnson
On Sat, 22 Jul 2000, John Cowan wrote: This prohibits modifications for private use, denying the users a basic right I agree with RMS here. Not allowing the private use of private changes is way unreasonable. As a practical matter, though, this is just as meaningless as arguing over