On Mon, Sep 29, 2003 at 05:02:00PM -0600, Barak Pearlmutter wrote: > Branden Robinson <[EMAIL PROTECTED]> wrote: > > > On Sun, Sep 28, 2003 at 12:22:31PM -0600, Barak Pearlmutter wrote: > > > Scanning all our packages for such snippets would be a truly > > > gargantuan task. > > > > And yet at the same time you claim that the inclusion of any particular > > such "snippet" was a fully conscious decision made at the time the > > Social Contract and Debian Free Software Guidelines were adopted. > > > > Have you any evidence that this "truly gargantuan task" was undertaken > > back then? > > > > You undermine your own argument. > > > > When we find non-DFSG-free materials in main, we should remove them, or > > request their relicensing. > > Why was this begging the question? > > First (as a comment on a completely tangential portion of the train of > logic you're responding to) you say that somehow not doing something > now is a lot of work because it was more work to not do it in the > past. If we'd known we were doing it, so we must not have known. > Which would be a lot of work. Or something like that.
I cannot follow this at all. It is riddled with sentence fragments and vagueness. To convincingly illustrate a logical fallacy (such as begging the question) in someone else's argument, one must do by the same standards of logic one purports to uphold. As I understand it, you assert: 1 The Debian OS is riddled with minutae and desiderata whose origins are unknown and/or whose copyright lineage and licensing is vague or nonexistent. 2 All developers who were around when the Social Contract was ratified knew, or should have known, that the Debian OS was riddled with such materials. 3 We should not remove any one of these minute bits of detritus unless we are willing to undertake the gargantuan task of scrunitizing our OS for all of them and purging them. Mixed in with the above is your assertion that the GNU Manifesto is so important, and should have been so obviously known to all developers when the Social Contract and DFSG were adopted, that we cannot possibly have meant any interpretation of those documents which would exclude it (the GNU Manifesto) from our distribution. I concur with assertion 1. I find assertion 2 irrelevant. If the minutae and desiderata are truly unimportant then we cannot insist that they loom large in anyone's consciousness. Perhaps people were aware of them, but because they shared your implied premise that they are unimportant, explicitly excluded them from their deliberations of the impact of the Social Contract and DFSG. I reject premise 3. I see no reason we cannot scrutinize minutae and desiderata on an ad hoc, case-by-case basis. If they're unimportant, they're unimportant. Let them remain so until someone makes them important. This is very close to the same argument I made in the PennMUSH thread. In that situation, people have made reasonable efforts to track down all copyright holders and establish their intentions. We (Debian) believe the upstream maintainers have been as diligent and careful as we can expect them to be under the circumstances. We therefore do not insist that every line of source code be associated with some corresponding affidavit of origin and licensing. We can reasonably have a good-faith belief that we are not infringing anyone's rights or privileges. We may turn out to be wrong, in which case we will have to act. But until then, why should we sweat details on behalf of an offended party which we have no reason to believe even exists? You specifically used the example of jokes in your argument. Do you attempt to identify a copyright holder before re-telling, say, a timely political joke[1] at your table in a restaurant, which could constitute a "public performance" and thus impose a responsibility upon for payment of royalties to the rightsholder? I think the above example is laughably absurd, and I think you are asking Debian to be no less anal-retentive. You attempted to divorce your argument on this point from the ongoing GNU FDL discussions, but I'll bring them back in. Anything the FSF goes to the trouble of placing under the GNU FDL, and any portion of a work under the GNU FDL that they care to identify as an Invariant Section, is clearly important to them. Anything that is important enough to a copyright holder to warrant such treatment (which fortunately is usually accompanied by clear copyright and license notices) cannot be regarded as a desideratum or minutia under premise 1. > Then you state your conclusion. Or premise, it's hard to tell. But > you seem to find the conclusion you advocate so patently obvious---as > obvious as the fact that the people who edit movies are software > engineers because movies are digital now and hence software following > our brave newspeak general-purpose all-encompassing definition of > software---that it requires no support, mere restatement. The above is an example of the "straw man" fallacy, in which you have constructed an argument (movie editors in digital media are software engineers), placed it in my mouth, and then ridiculed it. In any event, I find your argument that I begged the question unconvincing. That you claim to be unable to distinguish my premises from my conclusions either means that I argued unclearly (which you explicitly disclaimed in your next message), or that you have misapplied the term. For future reference, I recommend using direct quotations from a person's argument to illustrate their fallacies, instead of translating them into analogies of your own making, retelling them in the form of sentence fragments, and wrapping up your point with a strong "Or something like that.". [1] A timely political joke is likely to have been coined recently, and thus not have had its copyright lapse (this assumes a joke can be copyrighted at all, which is a dubious proposition in my view). -- G. Branden Robinson | If you're handsome, it's flirting. Debian GNU/Linux | If you're a troll, it's sexual [EMAIL PROTECTED] | harassment. http://people.debian.org/~branden/ | -- George Carlin
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