Hi, >>"Marcus" == Marcus Brinkmann <[EMAIL PROTECTED]> writes:
Marcus> On Fri, Aug 14, 1998 at 10:26:01AM -0500, Manoj Srivastava wrote: Marcus> Well, this depends how much weight you give to the advantages Marcus> and disadvantages and is essentially opinion. For me, the Marcus> consequence is to put them in non-free (which does not mean Marcus> that we can't obeye them). What would this express? This Marcus> would express that the current situation is in some way Marcus> sub-optimal, but this does not mean that we can't live with a Marcus> slight dependency on non-free, as we do with pgp. And I think that a freely distributable but not modifiable document is not as undesirable as proprietary software; at least it is freely distributable and follows other things in the DFSG (no discrimination, etc). Verbatim is a good area; it also expresses our discontent that the document is not good enough to go in main, but distinguishes between (fairly common) unchangeable documents and standards, and restricted software in non-free. As to PGP, as son as the replacement (GPG) becomes stable and functional, we are going to start using that. We depend on PGP since so far, there was no choice. Marcus> Many people think there should be a section for immutable Marcus> documents. I consider this solution as sub-optimal. Either Marcus> we are in favour for standards you can derive from (which Marcus> name-change-and-whatever), or we are not. Creating another Marcus> section is sort of laying the problem aside, trying to not Marcus> adress it properly. It can also be seen as a compromise, and Marcus> if the majority wants to see it this way, I'll not object, Marcus> assuming that you can come up with a good definition what Marcus> belongs in the new section. It is not a compromise. It is a better delinieation of the issue. I think things are not just black or white; and the verbatim section recognizes that fact. I think that the FSSTND is actually beneficial to Linux; and QT is not. Lumping them together is highly suboptimal. Marcus> My fear is that people will be satisfied with documents Marcus> belonging in the "verbatim" section. For example, if software Marcus> documentation also is allowed to belong there. I would like Marcus> to see a proposed definition of the new section before I Marcus> express further considerations. Software documentation, we seem to have agreed, follows the same criterion as the software itself. We are talking about other things. >> Why should exeptions be made for licenses >> (which are in just as great a need to be improved and modified look >> at NPL, AbiPL, and other GPL knockoffs [which in some way do dilute >> the GPL, is only psychologically]) but not for standards? Marcus> Reasons why Copyright documents are different from standards. Marcus> 1) Practical reason Marcus> Every piece of software comes with copyright notices. A big Marcus> deal of Debian is under the GPL. If we choose we can't ship Marcus> the GPL, we can't ship those software. For example, we Marcus> couldn't ship dpkg :) and all FSF stuff. I reject this. We know it is wrong, but this is a common mistake, and so we condone it, and, after all, this is the FSF. Sorry. The same reasoning applies to the FSSTND. I know of no standard out there that would be allowed in main; that should be enough reason too. We should not flip-flop from a high moral ground and accept anything pragmatism based on what document we look at. Ship the GPL in verbatim, which is a part of debian. We can still ship stuff. As you say later, either we take a stance on non modifiable documents, or we don't. Putting them in verbatim seems the best solution practically. We can say that an immutable document, bundled with software, does not prevent the inclusion of the software in main. (Software programs can nver go in verbatim). So, packages can happily include the GPL with no changes. But a stand alone package, (say, containing /usr/doc/copyright/GPL), should go in verbatim. Marcus> 2) Legal reason Marcus> No copyright can restrict you on what license you choose to Marcus> put your work No copyright can restrict you on whatever standard your code chooses to follow. Marcus> under. This means, whatever license I write, I don't violate Marcus> a copyright. Not true in the united states. I have no idea what laws you have in germany, this is not applicable here. Maybe the GPL should not go in main in the US, but can in non-us? ;-) Marcus> This applies mainly to the legal text, of course. So, I can Marcus> take the legal text of the GPL (the "terms"), and apply them Marcus> with whatever changes I want to my document. This means: This distinction is not applicable in the US, license documents are submit to copyright as well. Marcus> * Deriving a new license from the GPL using the terms of the Marcus> GPL is already granted by common law. * Not in the UNITED states. Since our repository is in this country, local laws do affect the Project. So point 2 is null and void in the US. Marcus> 3) Technical reason Marcus> The GPL is not a technical document. The only benefit you can gain from Marcus> taking parts of the GPL is taking from the legal text, which Marcus> is already granted by point 2 above. This is not applicable in the US. Snce point 2 is invalid, and that is what you are basing point 3 on, that is invalid too. Marcus> Shouldn't we ask RMS to make the license of the GPL more free? Marcus> No. Because it alöready is as free as it ever needs to be Marcus> (see point 2 above). Essentially, if RMS would change the Marcus> copyright of the GPL text, he would probably choose something Marcus> like this: Since point 2 is invalid, this is invalid too. Marcus> We should judge the freeness not by the verbatim words of the Marcus> copyright, but by the words of the copyright in context with Marcus> common law. Precisely. But ``common'' laws are fairly uncommon, and change from country to country. Stick to the letter of the document, the spirit is different over here. Marcus> Using the first, the GPL may appear non-free, Marcus> considering the common law reveals that it is as free as we Marcus> want. Perhaps in your country. Certainly not in the United states. Maybe it is time to create different distriutions for different countries? This would be easier witrh the package pool idea. Marcus> There is a further argument, I'm not sure people will agree Marcus> with. However, for the sake of completeness, I'll name it Marcus> here: You are correct, I do not agree. Length of the material is immaterial (he he). Is it OK to include short non-propreitary code in main since the software community can rewrite it easily? Marcus> Copyright documents are very short, compared to standard Marcus> documents. Rewriting a copyright from scratch, using quotes Marcus> of legal texts (see point 2 above), is done fast. Rewriting a Marcus> standard from scratch can take many months. However, I think Marcus> this argument is not needed in this discussion, I find point Marcus> 1-3 above already compelling. Point 1 is not compelling (seems like sophistry, if I may quote ;-), points 2 and 3 are invalid in the united states (possibly canada?) Marcus> BTW: If the dfsg is not free, is the Open Source definition Marcus> in violation? Bruce claims to be author. Authors can't violate cpyright. manoj -- The IQ of the group is the lowest IQ of a member of the group divided by the number of people in the group. Manoj Srivastava <[EMAIL PROTECTED]> <http://www.datasync.com/%7Esrivasta/> Key C7261095 fingerprint = CB D9 F4 12 68 07 E4 05 CC 2D 27 12 1D F5 E8 6E