Re: Bacula and OpenSSL

2007-07-20 Thread Simon Josefsson
Thomas Dickey <[EMAIL PROTECTED]> writes:

> Simon Josefsson <[EMAIL PROTECTED]> wrote:
>> Kern Sibbald <[EMAIL PROTECTED]> writes:
>
 GPL + OpenSSL exception would be enough to be sure. You may have more
 luck convincing copyright owners to grant an OpenSSL exception than to
 accept an entirely new license.
>>>
>>> I am told that FSF never grants exceptions so this is a hopeless path that 
>>> I 
>>> have already explored.
>
>> That is incorrect.  The FSF has granted OpenSSL license exceptions to
>> some software that links to OpenSSL.  For example, GNU wget.
>
> That's not an example (unless you're intending to show a case where
> FSF allows itself to do things that it forbids others ;-)

I don't follow, what do you mean?  GNU wget is distributed under the GPL
with a license exception to permit linking with OpenSSL.

As far as I know, the FSF doesn't forbid anyone to use GPL with an
OpenSSL exception.

/Simon


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Re: Bacula and OpenSSL

2007-07-20 Thread Steve Langasek
Hi Shane,

On Thu, Jul 19, 2007 at 04:22:06PM +0200, Shane M. Coughlan wrote:

> Steve Langasek wrote:
> > I agree that the GPLv3 is not "compatible" with the OpenSSL license, in the
> > sense that code licensed under the OpenSSL license cannot be included in a
> > GPLv3 work.  However, the GPLv3 does include a broader (if no more easily
> > understood) system exception clause, which seems to allow distributing GPLv3
> > binaries that are /dynamically linked/ against OpenSSL.  Is this not the
> > position of FSF/FSF Europe?

> I discussed this issue with Brett Smith of FSF, and as a result of this
> he wrote the following brief summary:

> ===

> We do not believe that OpenSSL qualifies as a System Library in Debian.
> The System Library definition is meant to be read narrowly, including
> only code that accompanies genuinely fundamental components of the
> system.  I don't see anything to suggest that that's the case for
> OpenSSL in Debian: the package only has important priority (as opposed
> to glibc's required), there are only about 350 packages depending on it
> (as opposed to glibc's 8500), and it isn't installed on a base system.
> To put it plainly, if OpenSSL actually were a System Library, I would
> expect it to look more like one.

> - -- Brett Smith Licensing Compliance Engineer, Free Software Foundation

> ===

IMHO that would be a rather unfortunate position for the FSF to take, as it
would mean the changes to the system exception clause are *only* of benefit
to distributors of proprietary operating systems, while GNU/Linux
distributors are left with the same license compatibility problems as ever.

But as AJ noted, the above analysis seems to get some facts wrong.  In
addition to the fact that OpenSSL is part of the base system, the count of
reverse-dependencies seems to be off somewhat.  There are 461 packages in
etch that depend on libssl0.9.8, plus another 11 depending on the
libssl0.9.7 that we aren't quite rid of.  Of course that's nothing close to
glibc's 8500, but if we were to look at some of the individual libraries
within the libc6 package, like librt, libnsl, libm, or libdl, I would expect
that openssl's usage within Debian is at least within an order of magnitude
of some of these.  Surely if libraries such as these qualify as System
Libraries (and I should hope they do!), shouldn't libssl qualify too?

Cheers,
-- 
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Debian Developer   to set it on, and I can move the world.
[EMAIL PROTECTED]   http://www.debian.org/


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Re: Bacula and OpenSSL

2007-07-20 Thread Kern Sibbald
Hello Shane,

On Thursday 19 July 2007 16:22, Shane M. Coughlan wrote:
> Dear Steve
> 
> Steve Langasek wrote:
> > I agree that the GPLv3 is not "compatible" with the OpenSSL license, in 
the
> > sense that code licensed under the OpenSSL license cannot be included in a
> > GPLv3 work.  However, the GPLv3 does include a broader (if no more easily
> > understood) system exception clause, which seems to allow distributing 
GPLv3
> > binaries that are /dynamically linked/ against OpenSSL.  Is this not the
> > position of FSF/FSF Europe?
> 
> I discussed this issue with Brett Smith of FSF, and as a result of this
> he wrote the following brief summary:
> 
> ===
> 
> We do not believe that OpenSSL qualifies as a System Library in Debian.
> The System Library definition is meant to be read narrowly, including
> only code that accompanies genuinely fundamental components of the
> system.  I don't see anything to suggest that that's the case for
> OpenSSL in Debian: the package only has important priority (as opposed
> to glibc's required), there are only about 350 packages depending on it
> (as opposed to glibc's 8500), and it isn't installed on a base system.
> To put it plainly, if OpenSSL actually were a System Library, I would
> expect it to look more like one.

Thanks for following up on this.  However, I am not sure that Brett answered 
the "technical" point concerning the GPLv3 that was brought up by Steve.  
Though I'm not sure that question really needs answering since it is likely 
to lead to lots of different interpretations of subtle points as we are 
currently seeing with the System Library definition.

What struck me as getting closer to the fundamental problem that I am having 
is the remarks in a later email by Anthony Towns where there are apparently 
360 packages on his system that would be removed if he were to remove 
OpenSSL.

I see the positions of the different people who have responded to this 
question about linking Bacula with OpenSSL, and though I obviously cannot 
agree with everyone, since there are opposing interpretations, I can say that 
each has valid points.

To me the issue is much more fundamental.  Apparently the problem with OpenSSL 
is one of an "onerous advertising clause", which I don't find so onerous -- 
so the authors want their names acknowledged for the work they did.  In 
reading the clause that apparently poses the problem:

  *  3. All advertising materials mentioning features or use of this software
 *must display the following acknowledgment:
 *"This product includes cryptographic software written by
 * Eric Young ([EMAIL PROTECTED])"

I have to say, that I am not completely sure what they want.  I've tried to 
ask the authors, but their email addresses seem to be invalid.  I've tried to 
ask the current OpenSSL maintainers, but they have not yet responded to my 
email.  

In any case, I have added explicit acknowlegements in the LICENSE file and in 
the manual.  As far as I know these are the only "advertising" materials that 
are used by Bacula or any of the distros, so I *think* I am in compliance 
with *their* license.

Now, coming back the GPL issue.  I can understand why RMS doesn't like the 
OpenSSL license because of this advertising clause, but what I find *very* 
hard to understand is why that concerns anyone but me and the people 
distributing the binaries.  We are the only ones who "suffer" from that 
clause.  The bottom line is that I see no harm to either the Free Software 
movement nor the authors of GPLed software that I use in Bacula, if I comply 
the best I can with the terms of the OpenSSL license.

Right now, license issues seem to be black and white, that is they either work 
or do not work with GPL period.  It seems to me that in the case of OpenSSL, 
their license is not totally incompatible with GPL, it is just a bit annoying 
to some people. 

I don't want to imply that I encourage such licenses, but given the wide 
spread usage of OpenSSL and the rather trivial nature of this "problem" 
(IMO), it seems to me that the decision on whether or not software can be 
linked to the OpenSSL code should be up to the persons distributing the 
binaries.

Because of the large number of packages where some, if not many, probably have 
the same problem as Bacula, I would appreciate hearing FSF's and RMS' 
position on this.

Best regards,

Kern

> 
> -- Brett Smith Licensing Compliance Engineer, Free Software Foundation
> 
> ===
> 
> Regards
> 
> Shane
> 
> --
> Shane Coughlan
> FTF Coordinator
> Free Software Foundation Europe
> Office: +41435000366 ext 408 / Mobile: +41792633406
> [EMAIL PROTECTED]
> Support Free Software > http://fsfe.org
> 


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Re: Bacula and OpenSSL

2007-07-20 Thread Thomas Dickey
Simon Josefsson <[EMAIL PROTECTED]> wrote:
>>> That is incorrect.  The FSF has granted OpenSSL license exceptions to
>>> some software that links to OpenSSL.  For example, GNU wget.
>>
>> That's not an example (unless you're intending to show a case where
>> FSF allows itself to do things that it forbids others ;-)

> I don't follow, what do you mean?  GNU wget is distributed under the GPL
> with a license exception to permit linking with OpenSSL.

It's a GNU project, as noted.

> As far as I know, the FSF doesn't forbid anyone to use GPL with an
> OpenSSL exception.

That's entirely possible, but you haven't provided an example which
isn't contaminated by self-interest on the part of FSF.  If you can
provide such an example, there's something to discuss.

-- 
Thomas E. Dickey
http://invisible-island.net
ftp://invisible-island.net


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Re: Bacula and OpenSSL

2007-07-20 Thread Simon Josefsson
Thomas Dickey <[EMAIL PROTECTED]> writes:

>> As far as I know, the FSF doesn't forbid anyone to use GPL with an
>> OpenSSL exception.
>
> That's entirely possible, but you haven't provided an example which
> isn't contaminated by self-interest on the part of FSF.  If you can
> provide such an example, there's something to discuss.

The FSF cannot change the license on code they don't own.  As far as I
understand, what you are looking for do not appear to be possible from a
legal point of view.  I'm assuming that you would regard any FSF owned
code to be "contaminated" by the FSFs' self-interest.

What kind of example are you looking for?

/Simon


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Re: Bacula and OpenSSL

2007-07-20 Thread Thomas Dickey
Simon Josefsson <[EMAIL PROTECTED]> wrote:

> What kind of example are you looking for?

The example that you failed to provide in the posting to which I responded.
(let's not get sidetracked)

-- 
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Re: Why is firebird in Debian?

2007-07-20 Thread Francesco Poli
On Thu, 19 Jul 2007 17:40:46 -0700 Anthony Towns wrote:

> On Wed, Jul 18, 2007 at 11:58:09PM +0200, Francesco Poli wrote:
> > It is my opinion that the MPL license fails to meet the DFSG.
> > This opinion seems to be shared by other debian-legal regulars:
> 
> The MPL is an accepted license for main. I'm sorry your opinion
> differs, and that the views of other non-DDs and non-maintainers on
> the matter have gone uncorrected and left the misleading impression
> that there's any question as to whether the MPL is suitable for main.

ATATIAAWBI, bla, bla, ...

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Re: Why is firebird in Debian?

2007-07-20 Thread Jordi Gutiérrez Hermoso

On 20/07/07, Francesco Poli <[EMAIL PROTECTED]> wrote:
> ATATIAAWBI, bla, bla, ...

WTFOMGBTWBBQ?

- Jordi G. H.


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Re: Why is firebird in Debian?

2007-07-20 Thread Francesco Poli
On Fri, 20 Jul 2007 00:59:16 +0100 (BST) MJ Ray wrote:

> Francesco Poli <[EMAIL PROTECTED]> wrote:
> > Could someone explain to me why firebird is in main?
> 
> Because some ftpmaster hit approve, no-one found a bad enough
> bug to change it and this plan didn't happen yet:
> http://lists.debian.org/debian-legal/2006/03/msg00562.html

In your opinion, what's the best course of action, at this point?

File a serious bug against each firebird source package (firebird1.5 and
firebird2.0), so that we can find out *why* the above-mentioned plan has
not yet happened?  Anyone volunteers to do a more thorough analysis of
the issues (I'm still quite in a rush, sorry)?


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Re: Why is firebird in Debian?

2007-07-20 Thread Francesco Poli
On Fri, 20 Jul 2007 13:01:48 -0500 Jordi Gutiérrez Hermoso wrote:

> On 20/07/07, Francesco Poli <[EMAIL PROTECTED]> wrote:
>  > ATATIAAWBI, bla, bla, ...
> 
> WTFOMGBTWBBQ?

If this means that you failed to "decode" my shorthand, it means:
According To Anthony Towns, I Am Always Wrong Because IANADD/IANAL
(try searching for it on a search engine, you'll find the message[1]
where I coined the acronym).

[1] http://lists.debian.org/debian-legal/2007/06/msg00280.html

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Re: Why is firebird in Debian?

2007-07-20 Thread Josselin Mouette
Le jeudi 19 juillet 2007 à 17:40 -0700, Anthony Towns a écrit :
> On Wed, Jul 18, 2007 at 11:58:09PM +0200, Francesco Poli wrote:
> > It is my opinion that the MPL license fails to meet the DFSG.
> > This opinion seems to be shared by other debian-legal regulars:
> 
> The MPL is an accepted license for main.

Under what rationale did the ftpmasters decide it is OK for Debian not
to respect the licenses of software we distribute?

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Re: Why is firebird in Debian?

2007-07-20 Thread Dan Serban
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Anthony Towns wrote:
> On Wed, Jul 18, 2007 at 11:58:09PM +0200, Francesco Poli wrote:
>> It is my opinion that the MPL license fails to meet the DFSG.
>> This opinion seems to be shared by other debian-legal regulars:
> 
> The MPL is an accepted license for main. I'm sorry your opinion differs,
> and that the views of other non-DDs and non-maintainers on the matter
> have gone uncorrected and left the misleading impression that there's
> any question as to whether the MPL is suitable for main.
> 
> Cheers,
> aj
> 

Could you please point me to debian policy as to where and when the MPL
was decided to be acceptable use for the project?  I've refused to work
on past projects due to them being licensed under the MPL based on some
discussion had on this list a few months/years? ago.  I sure hope I
wasn't wrong in doing so.

Here's what I've found on the topic, linked from:

http://wiki.debian.org/DFSGLicenses

http://lists.debian.org/debian-legal/2004/06/msg00221.html
http://lists.debian.org/debian-legal/2006/03/msg00551.html

I've looked for it, but can't find out where the debian project states
that the MPL is DFSG free.

Thanks.
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Re: Why is firebird in Debian?

2007-07-20 Thread Anthony Towns
On Fri, Jul 20, 2007 at 08:03:37PM +0200, Francesco Poli wrote:
> On Fri, 20 Jul 2007 00:59:16 +0100 (BST) MJ Ray wrote:
> > Francesco Poli <[EMAIL PROTECTED]> wrote:
> > > Could someone explain to me why firebird is in main?
> > Because some ftpmaster hit approve, no-one found a bad enough
> > bug to change it and this plan didn't happen yet:
> > http://lists.debian.org/debian-legal/2006/03/msg00562.html
> In your opinion, what's the best course of action, at this point?
> File a serious bug against each firebird source package (firebird1.5 and
> firebird2.0), so that we can find out *why* [...]

Serious bugs are not a tool so you can learn more about Debian. Don't abuse
the bug tracking system.

Yeesh.

Cheers,
aj



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Re: Why is firebird in Debian?

2007-07-20 Thread Anthony Towns
On Thu, Jul 19, 2007 at 11:43:17PM -0700, Walter Landry wrote:
> So where is the source for old versions stored?  The alioth CVS is not
> publicly available.

On Fri, Jul 20, 2007 at 08:16:45PM +0200, Francesco Poli wrote:
> According To Anthony Towns, I Am Always Wrong Because IANADD/IANAL

On Fri, Jul 20, 2007 at 10:48:17PM +0200, Josselin Mouette wrote:
> Under what rationale did the ftpmasters decide it is OK for Debian not
> to respect the licenses of software we distribute?

On Fri, Jul 20, 2007 at 02:22:33PM -0700, Dan Serban wrote:
> I've refused to work
> on past projects due to them being licensed under the MPL based on some
> discussion had on this list a few months/years? ago.  I sure hope I
> wasn't wrong in doing so.

Uh, guys, stop being insane.

1) The MPL requires you to make the source code to your modifications
available for six-to-twelve months electronically _or_ to make it
available on the same media as the executable version. We do the latter.

In addition, old sources are available unofficially via snapshot.debian.net,
http://snapshot.debian.net/archive/pool/f/firebird2.0/source/Sources.gz

2) That you're not a lawyer or a DD means that you're not trained in
interpreting licenses, and that Debian's policies aren't based on your
opinion -- in both cases. That means that you're not in a position to
speak authoritively about most of the issues that come up on this list,
so when what you write is written in a way that people will misinterpret
as an authoritative answer, that's a problem, which is only compounded
if what you say is also incorrect.

Licensing analysis requires an ability to understand subtleties of
language, and I wouldn't expect anyone who's competent at that to need
the above repeatedly explained.

3) Not understanding the license or how we're complying with it doesn't mean
we aren't.

4) That a license is DFSG-free doesn't mean it's "good" any more than
a license not being DFSG-free means it's "bad" -- there are lots of
reasons to not use DFSG-free licenses or software under the licenses,
and there are lots of reasons to use and work on software that's under
DFSG-non-free licenses. The DFSG is *Debian's* free software guidelines,
that're meant to be useful for *Debian* to make decisions. 

Personally, if I've got a choice, I don't use licenses that are GPL
incompatible, eg, which the MPL certainly is. Another complaint with
the MPL is that it's designed for Mozilla, rather than general use
by random organisations, which has led to a fair bit of unnecessary
license proliferation as people make minor changes to the MPL to apply
it to their software. But those considerations aren't ones that make a
difference for DFSG-freeness.

Cheers,
aj



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Re: Why is firebird in Debian?

2007-07-20 Thread Mike Bird
Anthony Towns,

MPL section 3.6 says in relevant part:
> You may distribute Covered Code in Executable form only if the
> requirements of Sections 3.1, 3.2, 3.3, 3.4 and 3.5 have been met
> for that Covered Code, and if You include a notice stating that the
> Source Code version of the Covered Code is available under the terms
> of this License, including a description of how and where You have
> fulfilled the obligations of Section 3.2.

IPL section 3.6 is equivalent in relevant part:
> You may distribute Covered Code in Executable form only if the
> requirements of Section 3.1-3.5 have been met
> for that Covered Code, and if You include a notice stating that the
> Source Code version of the Covered Code is available under the terms
> of this License, including a description of how and where You have
> fulfilled the obligations of Section 3.2.

I have downloaded and installed firebird2-common 1.5.3.4870-12 which
contains a copy of the IPL in /usr/share/doc/firebird2-common/copyright.

I am unable to find "a description of how and where You have fulfilled
the obligations of Section 3.2", an obligation which you seem to
imagine is fulfilled by snapshot.debian.net(fn1).

# zgrep -i snapshot.debian.net $(dpkg -L firebird2-common)
gzip: /usr/lib/firebird2/firebird.log.gz: No such file or directory
gzip: /usr/lib/firebird2/help.gz: No such file or directory
#

It appears that You are distributing firebird2-common in violation
of IPL section 3.6, and therefore in violation of copyright law in
many jurisdictions.

Did I miss something?

--Mike Bird

(fn1) For a more rigorous approach, consider a version for which the
  source is either not available or available only from snapshot.


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