Re: Subscription/Service Fees - OSD Intent

2001-04-01 Thread Karsten M. Self
on Sat, Mar 31, 2001 at 06:32:07AM -0800, Carol A. Kunze ([EMAIL PROTECTED]) wrote: > At 01:23 AM 3/31/01 -0800, Chris Sloan wrote: > >On Thu, Mar 29, 2001 at 07:51:15AM -0500, Forrest J Cavalier III wrote: > >[...] > > > He explained the difference using the example of a museum > > > open to the

Re: Subscription/Service Fees - OSD Intent

2001-03-31 Thread John Cowan
Karsten M. Self scripsit: > My own experience in this light was with Microsoft's Unix Services for > Windows NT. Several GNU utilities were included in binary format w/o > sources or other GPL section 3 requirements. A note to Doug Miller > (Microsoft VP of product marketing, former CEO of Inte

Re: Subscription/Service Fees - OSD Intent

2001-03-31 Thread David Johnson
Corel had two recent GPL conflicts. First, they held a "private" beta that wasn't that private. Nothing much came of this one. The beta ended and all the source was publicly available. Second, they wrote a (pre-GPL) Qt front end to Debian apt-get. In this case, the original author gave Corel p

Re: Subscription/Service Fees - OSD Intent

2001-03-31 Thread Karsten M. Self
on Fri, Mar 30, 2001 at 11:40:35AM -0800, Laura Majerus ([EMAIL PROTECTED]) wrote: > > -Original Message- > > From: Ben Tilly [mailto:[EMAIL PROTECTED]] > > To: [EMAIL PROTECTED]; [EMAIL PROTECTED] <...> > > >In the case of Open Source licenses, however, this stuff is > > too new for >

RE: Subscription/Service Fees - OSD Intent

2001-03-31 Thread David Davies
On Saturday, 31 March 2001 11:32 PM, Carol A. Kunze wrote: -> Stepping away from a technical interpretation of the OSD, -> the requirement -> of a license fee seems inconsistent because it jeopardizes -> the primary -> byproduct resulting from the open source model of developing and -> distr

Re: Subscription/Service Fees - OSD Intent

2001-03-31 Thread Carol A. Kunze
At 01:23 AM 3/31/01 -0800, Chris Sloan wrote: >On Thu, Mar 29, 2001 at 07:51:15AM -0500, Forrest J Cavalier III wrote: >[...] > > He explained the difference using the example of a museum > > open to the public. Any member of the public has a "right" > > to enter the museum. But they still have

Re: Subscription/Service Fees - OSD Intent

2001-03-31 Thread Chris Sloan
On Thu, Mar 29, 2001 at 07:51:15AM -0500, Forrest J Cavalier III wrote: [...] > He explained the difference using the example of a museum > open to the public. Any member of the public has a "right" > to enter the museum. But they still have to pay the admission fee. I would have said that, pre

RE: Subscription/Service Fees - OSD Intent

2001-03-30 Thread Lou Grinzo
: '[EMAIL PROTECTED]' Subject: RE: Subscription/Service Fees - OSD Intent I'm collecting information on gpl disputes that have been settled amicably (or at least settled out of court). "Plenty of companies" is a bit vague. Pointers anyone? Laura Majerus > -Origi

Re: Subscription/Service Fees - OSD Intent

2001-03-30 Thread Seth David Schoen
Laura Majerus writes: > I'm collecting information on gpl disputes that have been settled amicably > (or at least settled out of court). "Plenty of companies" is a bit vague. > Pointers anyone? You should ask Professor Eben Moglen. http://old.law.columbia.edu/ -- Seth David Schoen <[EMAIL P

RE: Subscription/Service Fees - OSD Intent

2001-03-30 Thread Laura Majerus
March 30, 2001 11:31 AM > To: [EMAIL PROTECTED]; [EMAIL PROTECTED] > Subject: RE: Subscription/Service Fees - OSD Intent > > ... > >In the case of Open Source licenses, however, this stuff is > too new for > >there to be any value in simply sticking with bad language

RE: Subscription/Service Fees - OSD Intent

2001-03-30 Thread Ben Tilly
"Smith, Devin" <[EMAIL PROTECTED]> wrote: > >Lou Grinzo wrote: > > > I've contended for a long time that the primary problem with open/free > > licenses is that they're not specific enough. > >My experience (as a lawyer) with open/free licenses is that many of them >are >not properly drafted. Th

Re: Subscription/Service Fees - OSD Intent

2001-03-30 Thread Randy Kramer
Randy Kramer wrote: > The approved Open Source licenses have been approved on the basis that > we (the OSF or whatever) believe the terms of the approved licenses > achieve the objectives stated above." After a little more thought, maybe I'd want to rephrase the preceding more like: The approved

[Fwd: Re: Subscription/Service Fees - OSD Intent]

2001-03-30 Thread Randy Kramer
> of litigation brewing over the Y2K exclusions that insurance companies > hastily issued before 1/1/00.) > > In the case of Open Source licenses, however, this stuff is too new for > there to be any value in simply sticking with bad language. I did a search > of Lexis recently and

Re: Subscription/Service Fees - OSD Intent

2001-03-29 Thread David Johnson
Replying to several posts, sorry if this is confusing: Phil Hunt wrote: > Or does #7 only apply to usage *other than* copying? If so, does this mean > that if someone illegally encapsulates my GPL'd code then they can still > legally run my program? As I understand it, the GPL does not restrict

Re: Subscription/Service Fees - OSD Intent

2001-03-29 Thread David Johnson
On Thursday March 29 2001 12:51 pm, Forrest J Cavalier III wrote: > There was also another point of contention. Apparently in > German the idea of "right to do something" is not the same > as "permission to do something." (It was very difficult to > determine that it was this difference which w

RE: Subscription/Service Fees - OSD Intent

2001-03-29 Thread phil hunt
On Thu, 29 Mar 2001, Smith, Devin wrote: > > My experience (as a lawyer) with open/free licenses is that many of them are > not properly drafted. The GNU GPL is particularly difficult to interpret, > probably because it was written by a non-lawyer. The resulting legal > uncertainty makes it ver

Re: Subscription/Service Fees - OSD Intent

2001-03-29 Thread Ian Lance Taylor
"Smith, Devin" <[EMAIL PROTECTED]> writes: > The GNU GPL is particularly difficult to interpret, > probably because it was written by a non-lawyer. The GPL was extensively reviewed by the FSF lawyers. I personally have always found the GPL to be clear. The main problem I've seen people have wi

RE: Subscription/Service Fees - OSD Intent

2001-03-29 Thread Lou Grinzo
29, 2001 3:51 PM To: [EMAIL PROTECTED] Subject: RE: Subscription/Service Fees - OSD Intent Lou Grinzo wrote: > I've contended for a long time that the primary problem with open/free > licenses is that they're not specific enough. My experience (as a lawyer) with open/free licen

RE: Subscription/Service Fees - OSD Intent

2001-03-29 Thread Lou Grinzo
Original Message- From: Ian Lance Taylor [mailto:[EMAIL PROTECTED]] Sent: Thursday, March 29, 2001 2:44 PM To: [EMAIL PROTECTED] Subject: Re: Subscription/Service Fees - OSD Intent "Lou Grinzo" <[EMAIL PROTECTED]> writes: > My solution is for some group of people (like us) to

RE: Subscription/Service Fees - OSD Intent

2001-03-29 Thread Smith, Devin
ny value in simply sticking with bad language. I did a search of Lexis recently and could not find a single case interpreting the GNU GPL or the Mozilla GL. Devin Smith -Original Message- From: Randy Kramer [mailto:[EMAIL PROTECTED]] Sent: Thursday, March 29, 2001 2:18 PM To: [EMAIL PROTE

Re: Subscription/Service Fees - OSD Intent

2001-03-29 Thread Angelo Schneider
David Johnson wrote: > > > -- > > Von: David Johnson[SMTP:[EMAIL PROTECTED]] > > Gesendet: Mittwoch, 28. März 2001 22:56:46 > > An: Eric Jacobs; [EMAIL PROTECTED] > > Betreff: Re: Subscription/Service Fees - OSD Intent > > Diese Nach

Re: Subscription/Service Fees - OSD Intent

2001-03-29 Thread Ian Lance Taylor
"Lou Grinzo" <[EMAIL PROTECTED]> writes: > My solution is for some group of people (like us) to collectively assemble a > list of every permutation of activity we can think of involving > software--sell it modified/unmodified with/without source, linked/not linked > with non-free/open SW, bundled

Re: Subscription/Service Fees - OSD Intent

2001-03-29 Thread Randy Kramer
some details only after we've > all had a chance to think about it for some time, but in the long run > wouldn't that be far better than perpetuating all this confusion? > > Take care, > Lou > > -Original Message- > From: phil hunt [mailto:[EMAIL PROTECTED]] &g

RE: Subscription/Service Fees - OSD Intent

2001-03-29 Thread Lou Grinzo
far better than perpetuating all this confusion? Take care, Lou -Original Message- From: phil hunt [mailto:[EMAIL PROTECTED]] Sent: Thursday, March 29, 2001 5:57 AM To: [EMAIL PROTECTED] Subject: Re: Subscription/Service Fees - OSD Intent On Wed, 28 Mar 2001, David Johnson wrote: > On Thursday

Re: Subscription/Service Fees - OSD Intent

2001-03-29 Thread phil hunt
On Wed, 28 Mar 2001, David Johnson wrote: > On Thursday March 29 2001 03:25 am, Eric Jacobs wrote: > > > It is this sort of illogical argument that will prevent this issue from > > ever coming to rest. Let me offer an analogy. > > I did manage to pass logic in college. However, I don't always d

Re: Subscription/Service Fees - OSD Intent

2001-03-29 Thread phil hunt
On Wed, 28 Mar 2001, Eric Jacobs wrote: > > Plainly, this is not what #7 means. OK, what does #7 mean? -- * Phil Hunt * "An unforseen issue has arisen with your computer. Don't worry your silly little head about what has gone wrong; here's a pretty animation of a paperclip to look a

Re: Subscription/Service Fees - OSD Intent

2001-03-29 Thread phil hunt
On 28 Mar 2001, Ian Lance Taylor wrote: > the recipient is permitted to run the program. The last time this was > discussed, Russ Nelson (who is on the OSI board) said this: > > | If you have legally received a copy of a program (and > | OSD #1 guarantees the right of the person giving you a co

Re: Subscription/Service Fees - OSD Intent

2001-03-29 Thread phil hunt
On 28 Mar 2001, Ian Lance Taylor wrote: > > I myself am uncertain, which is why I would be happier if the OSD had > an explicit statement that a recipient of a program was permitted to > run it. That seems a good idea. Also, OSD #1 says that you can redistribute "as a component of an aggregate

Re: Subscription/Service Fees - OSD Intent

2001-03-29 Thread Forrest J Cavalier III
Eric Jacobs <[EMAIL PROTECTED]> wrote: > But whether or not shareware-with-source can be practically or legally > enforced is not my main point. My main point is that OSD #7 cannot be > sensibly construed as a criterion that a requirement-to-pay be waived > for users to whom the software is redis

Re: Subscription/Service Fees - OSD Intent

2001-03-29 Thread John Cowan
Eric Jacobs scripsit: > Indeed, if the execution of a software program is not an > exclusive right of the copyright holder, then all shareware concepts > (with or without source) are faced with a problem -- how to get the > user to execute the license at all. Considering that most shareware users

Re: Subscription/Service Fees - OSD Intent

2001-03-28 Thread David Johnson
On Thursday March 29 2001 05:35 am, Eric Jacobs wrote: > My statement that Bob has all the rights which Andy has but does not > have the requirement of distributing under the GPL is derived from > David Johnson's argument about OSD #7 -- namely, that a recipient of > Open Source software gains al

Re: Subscription/Service Fees - OSD Intent

2001-03-28 Thread Ian Lance Taylor
Eric Jacobs <[EMAIL PROTECTED]> writes: > My statement that Bob has all the rights which Andy has but does not > have the requirement of distributing under the GPL is derived from > David Johnson's argument about OSD #7 -- namely, that a recipient of > Open Source software gains all of the rights

Re: Subscription/Service Fees - OSD Intent

2001-03-28 Thread Eric Jacobs
Ian Lance Taylor <[EMAIL PROTECTED]>: > > ) It may certainly be possible to have a [requirement that derivative > > works > > ) be licensed under the GPL] for Open Source software. I am not > > denying > > ) that. However, until such a time as the [requirement that derivative > > ) works be lic

Re: Subscription/Service Fees - OSD Intent

2001-03-28 Thread Ian Lance Taylor
Eric Jacobs <[EMAIL PROTECTED]> writes: > David Johnson <[EMAIL PROTECTED]>: > > > > > It may certainly be possible to have a registration fee for Open Source > > software. I am not denying that. However, until such a time as the > > registration fee is paid, the software cannot be considered

Re: Subscription/Service Fees - OSD Intent

2001-03-28 Thread David Johnson
On Thursday March 29 2001 03:25 am, Eric Jacobs wrote: > It is this sort of illogical argument that will prevent this issue from > ever coming to rest. Let me offer an analogy. I did manage to pass logic in college. However, I don't always do so well in English. Let me restate what I meant: So

Re: Subscription/Service Fees - OSD Intent

2001-03-28 Thread Eric Jacobs
David Johnson <[EMAIL PROTECTED]>: > > It may certainly be possible to have a registration fee for Open Source > software. I am not denying that. However, until such a time as the > registration fee is paid, the software cannot be considered Open Source. > If a > registration fee were allowed

Re: Subscription/Service Fees - OSD Intent

2001-03-28 Thread David Johnson
On Thursday March 29 2001 02:05 am, David Davies wrote: > on Wednesday, 28 March 2001 6:14 PM, David Johnson wrote: > > -> It's pretty clear that the software can be used without > -> payment. The only > -> fees allowable are for the purposes of obtaining it. > > Where is it made clear ? The OSD

RE: Subscription/Service Fees - OSD Intent

2001-03-28 Thread David Davies
on Wednesday, 28 March 2001 6:14 PM, David Johnson wrote: -> It's pretty clear that the software can be used without -> payment. The only -> fees allowable are for the purposes of obtaining it. Where is it made clear ? The only clear statements I have seen to date appear to be personal viewpo

Re: Subscription/Service Fees - OSD Intent

2001-03-28 Thread David Johnson
On Wednesday March 28 2001 09:07 am, David Davies wrote: > Is there a secondary purpose to also ensure that the software can be > obtained and used without payment? It's pretty clear that the software can be used without payment. The only fees allowable are for the purposes of obtaining it. --

RE: Subscription/Service Fees - OSD Intent

2001-03-28 Thread David Davies
On Wednesday, 28 March 2001 8:45 AM, David Johnson wrote -> The OSD is an attempt to formally define Free Software (*). -> It was never -> meant, I believe, to be a list of restrictions on licenses. Because of the well known ambiguity between Free (Beer) and Free (Speech) It would seem this

Re: Subscription/Service Fees - OSD Intent

2001-03-27 Thread David Johnson
On Wednesday March 28 2001 07:28 am, David Davies wrote: > So back to one of the questions in my original e-mail > > "Is this a practice that is intended to be prohibited?" > [under the OSD] I would say that registration fees are intended to be prohibited. > If so why isn't there a more specif

RE: Subscription/Service Fees - OSD Intent

2001-03-27 Thread David Davies
On Wednesday, 28 March 2001 6:20 AM, David Johnson wrote -> > To allow the user to improve the software for themselves -> to suit there -> > environments. -> -> But you can do that without the software being Open Source. -> You do not need -> the approval of the OSI in order to make your so