Re: DRAFT for a GR proposal concerning the Sarge release

2004-04-27 Thread Thiemo Seufer
Glenn Maynard wrote: > On Wed, Apr 28, 2004 at 05:07:55AM +0200, Thiemo Seufer wrote: > > If you want to avoid every imaginable legal risk, you have to shut down > > Debian immediately. > > Your arguments could be used to dismiss *any* question about possible > license violation. For "possible",

Re: DRAFT for a GR proposal concerning the Sarge release

2004-04-27 Thread Thiemo Seufer
Lewis Jardine wrote: [snip] > As I understand it, Debian makes a point of considering the interests of > 'unrelated third part[ies]', especially when it comes to the chance of > copyright infringement. So does Debian consider the interests of SCO then? They also claim copyright infringement. >

Re: DRAFT for a GR proposal concerning the Sarge release

2004-04-27 Thread Glenn Maynard
On Wed, Apr 28, 2004 at 05:07:55AM +0200, Thiemo Seufer wrote: > If you want to avoid every imaginable legal risk, you have to shut down > Debian immediately. Your arguments could be used to dismiss *any* question about possible license violation. -- Glenn Maynard

Re: DRAFT for a GR proposal concerning the Sarge release

2004-04-27 Thread Thiemo Seufer
Glenn Maynard wrote: > On Wed, Apr 28, 2004 at 03:45:37AM +0200, Thiemo Seufer wrote: > > An unrelated third party, whose stance doesn't matter for the issue. > > How is Debian unrelated? They're risking violating the GPL, and putting > themselves at legal risk. If you want to avoid every imagin

Re: DRAFT for a GR proposal concerning the Sarge release

2004-04-27 Thread Lewis Jardine
Thiemo Seufer wrote: [I'm not subscribed to -legal] Glenn Maynard wrote: On Wed, Apr 28, 2004 at 02:22:58AM +0200, Thiemo Seufer wrote: Currently those concerns are vented by people who aren't authors of kernel stuff. Indeed: it's by people who are concerned about violating the licensing

Re: DRAFT for a GR proposal concerning the Sarge release

2004-04-27 Thread Glenn Maynard
On Wed, Apr 28, 2004 at 03:45:37AM +0200, Thiemo Seufer wrote: > An unrelated third party, whose stance doesn't matter for the issue. How is Debian unrelated? They're risking violating the GPL, and putting themselves at legal risk. This isn't a matter of a "stance"; this is a matter of trying to

Re: DRAFT for a GR proposal concerning the Sarge release

2004-04-27 Thread Thiemo Seufer
[I'm not subscribed to -legal] Glenn Maynard wrote: > On Wed, Apr 28, 2004 at 02:22:58AM +0200, Thiemo Seufer wrote: > > Currently those concerns are vented by people who aren't authors > > of kernel stuff. > > Indeed: it's by people who are concerned about violating the licensing > terms of thos

Re: DRAFT for a GR proposal concerning the Sarge release

2004-04-27 Thread Glenn Maynard
On Wed, Apr 28, 2004 at 02:22:58AM +0200, Thiemo Seufer wrote: > Currently those concerns are vented by people who aren't authors > of kernel stuff. Indeed: it's by people who are concerned about violating the licensing terms of those who are. > >From what I gathered, the vast majority of kernel

Re: DRAFT for a GR proposal concerning the Sarge release

2004-04-27 Thread Thiemo Seufer
[I'm not subcribed to -legal] Glenn Maynard wrote: > On Wed, Apr 28, 2004 at 01:47:17AM +0200, Thiemo Seufer wrote: > > Do we? WRT kernel firmware, the driver authors seem to see it as a > > collection of works (with the firmware being one part), and at least > > I tend to prefer the author's opin

Re: DRAFT for a GR proposal concerning the Sarge release

2004-04-27 Thread Glenn Maynard
On Wed, Apr 28, 2004 at 01:47:17AM +0200, Thiemo Seufer wrote: > Do we? WRT kernel firmware, the driver authors seem to see it as a > collection of works (with the firmware being one part), and at least > I tend to prefer the author's opinion over third-party interpretations. The author's opinion

Re: contracts vs. licenses, OSI, and Debian (was: The QPL licence)

2004-04-27 Thread Glenn Maynard
On Tue, Apr 27, 2004 at 05:45:39PM -0500, Branden Robinson wrote: > Indeed. Larry Rosen, who is an attorney and is the legal advisor to the > Board of the Open Source Initiative[1], is a major advocate of > converting copyright licenses into contracts[2], as are major media[3] > and proprietary so

Re: Forgent starts litigating JPEG...

2004-04-27 Thread Branden Robinson
On Mon, Apr 26, 2004 at 07:14:49PM +0100, Andrew Suffield wrote: > On Mon, Apr 26, 2004 at 11:30:55AM -0400, Anthony DeRobertis wrote: > > "Forgent Networks said Friday it sued 31 major hardware and software > > vendors, including Dell and Apple Computers, for allegedly infringing > > on its cl

[OT] Re: Not inherently free, but inherently non-free?

2004-04-27 Thread Branden Robinson
On Tue, Apr 27, 2004 at 01:28:59AM -0400, Anthony DeRobertis wrote: > 2) None of the proponents of this position came up with good > reasons why the freedoms we consider so important for software > don't apply to documentation. That's easy. So we can ship more shit in main

Re: Not inherently free, but inherently non-free?

2004-04-27 Thread Branden Robinson
On Tue, Apr 27, 2004 at 02:32:05AM +0200, Florian Weimer wrote: > Martin Schulze <[EMAIL PROTECTED]> writes: > > > There seems to be some confusion about whether the GNU FDL renders > > every document non-free or only those that include invariant > > sections. > > Personally, I think the GNU FDL

non-freeness of 4-clause BSD license (was: The QPL licence)

2004-04-27 Thread Branden Robinson
On Tue, Apr 27, 2004 at 01:51:04AM -0400, Glenn Maynard wrote: > On Tue, Apr 27, 2004 at 01:30:52AM -0400, Anthony DeRobertis wrote: > > The only thing I can think of is the 4-clause BSD's advertising clause, > > which seems to be widely thought --- for reasons no one can discern --- > > to be un

contracts vs. licenses, OSI, and Debian (was: The QPL licence)

2004-04-27 Thread Branden Robinson
On Sun, Apr 25, 2004 at 07:29:57PM -0400, Nathanael Nerode wrote: > To veer off the subject a little, we don't like licenses which engage > in too much contract-like behavior, because they're usually non-free. > In particular, any license which requires that you agree to it in > order to *use* it -

Re: The QPL licence

2004-04-27 Thread Branden Robinson
On Sat, Apr 24, 2004 at 10:25:17PM -0400, Glenn Maynard wrote: > On Sat, Apr 24, 2004 at 06:26:02PM -0700, Josh Triplett wrote: > > The QPL doesn't prevent forking, but the requirement to distribute > > changes to the original source as patches makes a fork significantly > > more difficult. This r

Re: SEPL (Swiss Ephemeris Public License)

2004-04-27 Thread Branden Robinson
On Fri, Apr 23, 2004 at 02:38:33PM -0400, Steven Augart wrote: > Branden Robinson wrote: > >On Thu, Apr 22, 2004 at 03:51:05PM +0530, Mahesh T. Pai wrote: > >>Joshua Tacoma said on Thu, Apr 22, 2004 at 02:58:34AM -0400,: > >> > >>> I am looking at packaging the Swiss Ephemeris: > [...] > >>This iss

Re: Is OSL 2.0 compliant with DFSG?

2004-04-27 Thread Branden Robinson
On Fri, Apr 23, 2004 at 07:23:06PM -0400, Nathanael Nerode wrote: > > However, I do agree that it's not necessary to fight this battle right > > now, as the OSL 2.0 is defective in other, less controversial, respects. > > I think it's not controversial that the OSL "software patent" clause is > ov

Re: Not inherently free, but inherently non-free?

2004-04-27 Thread Lewis Jardine
Milan Zamazal wrote: "HM" == Humberto Massa <[EMAIL PROTECTED]> writes: HM> 2. restricts redistribution (in a DRM'd medium): DFSG#1 DFSG#1: The license of a Debian component may not restrict any party from selling or giving away the software as a component of an aggregate

Re: The QPL licence

2004-04-27 Thread Humberto Massa
@ 27/04/2004 18:47 : wrote Arnoud Engelfriet : I do know Dutch law, and under Dutch law a choice of law is certainly respected in contracts, unless it's clearly totally inappropriate. And there has been quite some European caselaw that acknowledges the possibility. Here, the only law that c

Re: Forgent starts litigating JPEG...

2004-04-27 Thread Josh Triplett
Måns Rullgård wrote: > Andrew Suffield <[EMAIL PROTECTED]> writes: >>On Tue, Apr 27, 2004 at 12:38:15AM +0200, Florian Weimer wrote: >>>Andrew Suffield <[EMAIL PROTECTED]> writes: Their patent expires *really* soon, like, a few months away. It's likely that the issue will become moot. >>> >

Re: Not inherently free, but inherently non-free?

2004-04-27 Thread Humberto Massa
I will try again, before going home. @ 27/04/2004 18:03 : wrote Milan Zamazal : "HM" == Humberto Massa <[EMAIL PROTECTED]> writes: HM> man, have you *read* the thing? Yes. HM> Ok, I'll try to summarize the summary :-) :: I asked for a particular DFSG term which is viol

Re: Not inherently free, but inherently non-free?

2004-04-27 Thread Glenn Maynard
On Tue, Apr 27, 2004 at 11:03:32PM +0200, Milan Zamazal wrote: > DFSG#1: > > The license of a Debian component may not restrict any party from > selling or giving away the software as a component of an aggregate > software distribution containing programs from several different >

Re: The QPL licence

2004-04-27 Thread Arnoud Engelfriet
Humberto Massa wrote: > @ 27/04/2004 10:05 : wrote Arnoud Engelfriet : > >I have no idea whether a US court would like to apply this > >clause, but if the author goes to court, he is likely to get > >the court to use Dutch law, using this clause. > > > > > I don't believe this for a moment. Not in

Re: Not inherently free, but inherently non-free?

2004-04-27 Thread Milan Zamazal
> "HM" == Humberto Massa <[EMAIL PROTECTED]> writes: HM> man, have you *read* the thing? Yes. HM> Ok, I'll try to summarize the summary :-) :: I asked for a particular DFSG term which is violated and explanation of the violation. HM> Section 2 (VERBATIM COPYING): HM> 1.

Re: Forgent starts litigating JPEG...

2004-04-27 Thread Måns Rullgård
Andrew Suffield <[EMAIL PROTECTED]> writes: > On Tue, Apr 27, 2004 at 12:38:15AM +0200, Florian Weimer wrote: >> Andrew Suffield <[EMAIL PROTECTED]> writes: >> >> > Their patent expires *really* soon, like, a few months away. It's >> > likely that the issue will become moot. >> >> One patent in

Re: Not inherently free, but inherently non-free?

2004-04-27 Thread Humberto Massa
@ 27/04/2004 11:31 : wrote Milan Zamazal : "PO" == Per Olofsson <[EMAIL PROTECTED]> writes: PO> On Mon, Apr 26, 2004 at 08:10 -0400, Walter Landry wrote: >> Martin Schulze <[EMAIL PROTECTED]> wrote: > There seems to be >> some confusion about whether the GNU FDL renders

Re: The QPL licence

2004-04-27 Thread Humberto Massa
@ 27/04/2004 10:05 : wrote Arnoud Engelfriet : I have no idea whether a US court would like to apply this clause, but if the author goes to court, he is likely to get the court to use Dutch law, using this clause. I don't believe this for a moment. Not in the US, and most certainly not in Br

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2004-04-27 Thread Rodolphe de Biolley
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Re: Forgent starts litigating JPEG...

2004-04-27 Thread Andrew Suffield
On Tue, Apr 27, 2004 at 12:38:15AM +0200, Florian Weimer wrote: > Andrew Suffield <[EMAIL PROTECTED]> writes: > > > Their patent expires *really* soon, like, a few months away. It's > > likely that the issue will become moot. > > One patent in their portfolio expires between 2007 and 2014. Rando

Re: Not inherently free, but inherently non-free?

2004-04-27 Thread Don Armstrong
On Tue, 27 Apr 2004, Milan Zamazal wrote: > Unfortunately, the draft position statement doesn't explain, which > section of DFSG is violated in such a case and why. It actually does, for every single instance where -legal located a problem. Scroll down, and read carefully. [Or search for DFSG.]

Re: Not inherently free, but inherently non-free?

2004-04-27 Thread Milan Zamazal
> "PO" == Per Olofsson <[EMAIL PROTECTED]> writes: PO> On Mon, Apr 26, 2004 at 08:10 -0400, Walter Landry wrote: >> Martin Schulze <[EMAIL PROTECTED]> wrote: > There seems to be >> some confusion about whether the GNU FDL renders >> > every document non-free or only those that

Re: The QPL licence

2004-04-27 Thread Glenn Maynard
On Tue, Apr 27, 2004 at 01:30:52AM -0400, Anthony DeRobertis wrote: > The only thing I can think of is the 4-clause BSD's advertising clause, > which seems to be widely thought --- for reasons no one can discern --- > to be unenforceable. [It'd be non-free because it contaminates other > softwar

Re: The QPL licence

2004-04-27 Thread Arnoud Engelfriet
Henning Makholm wrote: > Scripsit Glenn Maynard <[EMAIL PROTECTED]> > > This license is governed by the Laws of the Netherlands. Disputes shall > > be settled by Amsterdam City Court." > > > I'm not particularly familiar with these clauses, but isn't the second > > sentence a choice of venue? It

Re: The QPL licence

2004-04-27 Thread Anthony DeRobertis
On Apr 26, 2004, at 16:12, Glenn Maynard wrote: I do seem to recall this, but I can't place it. Does anyone remember a license which was considered free, and had non-free but unenforcable clauses? The only thing I can think of is the 4-clause BSD's advertising clause, which seems to be widel

Re: Not inherently free, but inherently non-free?

2004-04-27 Thread Anthony DeRobertis
On Apr 26, 2004, at 20:32, Florian Weimer wrote: Martin Schulze <[EMAIL PROTECTED]> writes: There seems to be some confusion about whether the GNU FDL renders every document non-free or only those that include invariant sections. Personally, I think the GNU FDL is acceptable as a free docum

Re: Forgent starts litigating JPEG...

2004-04-27 Thread Anthony DeRobertis
On Apr 26, 2004, at 18:41, Florian Weimer wrote: Anthony DeRobertis <[EMAIL PROTECTED]> writes: Is JPEG any different than GIF was I don't remember that anyone was actually sued for using the LZW compression algorithm (certainly not a company rather close to Debian). Maybe the case was so c