Re: APSL 1.1

1999-09-10 Thread bruce
I think it's DFSG-free. Bruce

APSL 1.1

1999-09-10 Thread Johnie Ingram
Is software released under the Apple Public Source License 1.1 free enough for our purposes? This was determined earlier, but I forget the outcome. netgod * dark has changed the topic on channel #debian to: Later tonight: After months of careful refrigeration, Debian 2.0 is

Re: APSL 1.1

1999-04-22 Thread Henning Makholm
Chip Salzenberg <[EMAIL PROTECTED]> writes: > OK, point taken. The GPL is a tool of social change, and as such, it > uses patent threats as levers. Wrong. The GPL *is* a tool of social change and uses several levers (some of which are not universally agreed on as Good Things). "Patent threats"

Re: APSL 1.1

1999-04-21 Thread Chip Salzenberg
According to John Hasler: > Besides, even if I do pay him that $100,000 and get a license to use > his patent, my license to use the Apple code that implements it is > still suspended. Quite possibly. -- Chip Salzenberg - a.k.a. - <[EMAIL PROTECTED]> "When do you work?" "Wheneve

Re: APSL 1.1

1999-04-21 Thread John Hasler
Chip Salzenberg writes: > I meant this: >>> If Apple suspends Your rights to Affected Original Code, >>> nothing in this License shall be construed to restrict You, >>> at Your option and subject to applicable law, from [...] >>> independently negotiating for necessary rights from such >>> third p

Re: APSL 1.1

1999-04-21 Thread Chip Salzenberg
According to John Hasler: > Chip Salzenberg writes: > > Given the way patent law works, could it not be argued that the lack of a > > similar phrase in the GPL is actually a defect in the GPL? > > No. OK, point taken. The GPL is a tool of social change, and as such, it uses patent threats as lev

Re: APSL 1.1

1999-04-21 Thread Chip Salzenberg
According to John Hasler: > Chip Salzenberg writes: > > I'm not dismissing you. I'm pointing to the real culprits that have made > > this clause of the APSL *necessary*. > > You have a legal opinion on this? Case law? Relevant statutes? "Ya got me." No, I don't. But the OSI has a lawyer at o

Re: APSL 1.1

1999-04-21 Thread John Hasler
Raul writes: > ...it's also not something to waste a bunch of angst on. I'm expending no angst at all on it. I doubt Apple has anything worthwhile to offer anyway. -- John Hasler [EMAIL PROTECTED] (John Hasler) Dancing Horse Hill Elmwood, WI

Re: APSL 1.1

1999-04-21 Thread Raul Miller
Raul Miller writes: > > Personally, I have no problems with them distributing software under this > > license (that's outside my scope): I just would hate to see us > > misclassify this as a free license. John Hasler <[EMAIL PROTECTED]> wrote: > The problem is that others will misclassify this as

Re: APSL 1.1

1999-04-21 Thread John Hasler
Raul Miller writes: > Personally, I have no problems with them distributing software under this > license (that's outside my scope): I just would hate to see us > misclassify this as a free license. The problem is that others will misclassify this as a free license even if we don't. -- John Hasle

Re: APSL 1.1

1999-04-21 Thread Raul Miller
Ben writes: > > I won't use ``free'' software that can be arbitrarily revoked by a > > corporation, and I hope that no one else will, either. John Hasler <[EMAIL PROTECTED]> wrote: > I won't. I would rather see Apple drop the whole thing than publish under > this license. Personally, I have no p

Re: APSL 1.1

1999-04-21 Thread John Hasler
Chip Salzenberg writes: > Given the way patent law works, could it not be argued that the lack of a > similar phrase in the GPL is actually a defect in the GPL? No. From the GPL: 7. If, as a consequence of a court judgment or allegation of patent infringement or for any other reason (not lim

Re: APSL 1.1

1999-04-21 Thread John Hasler
Ben writes: > I won't use ``free'' software that can be arbitrarily revoked by a > corporation, and I hope that no one else will, either. I won't. I would rather see Apple drop the whole thing than publish under this license. -- John Hasler [EMAIL PROTECTED] (John Hasler) Dancing Horse Hill Elmw

Re: APSL 1.1

1999-04-21 Thread John Hasler
Ben writes: > Are you willing to trust lawyers? I'm not. I am. Most of the lawyers I have had dealings with have been honest, ethical men who did their best to advance their client's interests. This license was written by lawyers who have Apple for a client. -- John Hasler [EMAIL PROTECTED] (J

Re: APSL 1.1

1999-04-21 Thread John Hasler
Chip Salzenberg writes: > I'm not dismissing you. I'm pointing to the real culprits that have made > this clause of the APSL *necessary*. You have a legal opinion on this? Case law? Relevant statutes? > Individuals and pseudo-individuals like corportations should be trusted > in varying degree

Re: APSL 1.1

1999-04-21 Thread John Hasler
Chip Salzenberg writes: > This view doesn't allow for out-of-court settlements, which are often the > best way to resolve contentious issues quickly. "Out-of-court settlements". Yes. Interesting possibilities there. "We'll trade you a license for our foobar algorithm that is in your foobaz pack

Re: APSL 1.1

1999-04-21 Thread John Hasler
Chip Salzenberg writes: > Perhaps you should consider just how much 'protection' you have with > alternative licenses. "Protection"? What is that supposed to mean? The only 'protection' I need or want with a free software license is protection against claims of infringement by the author. -- Jo

Re: APSL 1.1

1999-04-20 Thread Raul Miller
Chip Salzenberg <[EMAIL PROTECTED]> wrote: > I've never even suggested that the GPL isn't viable. But even viable > or excellent licenses may have flaws that other licences address. And > the nature and likelihood of legal threats varies over time. Sure, but if there's some reason that apple's dra

Re: APSL 1.1

1999-04-20 Thread Chip Salzenberg
According to Raul Miller: > Frankly, if the GPL isn't a viable example of a free software > license then there are no viable examples of a free software > license, and we might as well not pursue this discussion. I've never even suggested that the GPL isn't viable. But even viable or excellent li

Re: APSL 1.1

1999-04-20 Thread Raul Miller
Chip Salzenberg <[EMAIL PROTECTED]> wrote: > > Do you have a lawyer's professional opinion on that approach? I should also note that I don't buy into the idea that law is beyond the understanding of an intelligent person. If someone makes a statement about the way a court is likely to decide ther

Re: APSL 1.1

1999-04-20 Thread Raul Miller
> According to Raul Miller: > > > > > > [0] There is no distinction between bogus claims and > > > > > > reasonable claims. > > > > > > [2] There is no guarantee that a court will ever be involved > > > > > > or that it will make a judgment. > > > > > > [3] There

Re: APSL 1.1

1999-04-20 Thread Chip Salzenberg
According to Raul Miller: > > > > > [0] There is no distinction between bogus claims and > > > > > reasonable claims. > > > > > [2] There is no guarantee that a court will ever be involved > > > > > or that it will make a judgment. > > > > > [3] There is no

Re: APSL 1.1

1999-04-20 Thread Raul Miller
> > > > [0] There is no distinction between bogus claims and > > > > reasonable claims. > > > > [2] There is no guarantee that a court will ever be involved > > > > or that it will make a judgment. > > > > [3] There is no guarantee that Apple will eve

Re: APSL 1.1

1999-04-20 Thread Chip Salzenberg
According to Raul Miller: > > > [0] There is no distinction between bogus claims and > > > reasonable claims. > > > [2] There is no guarantee that a court will ever be involved > > > or that it will make a judgment. > > > [3] There is no guarantee that Apple will ever

Re: APSL 1.1

1999-04-20 Thread Raul Miller
> > [0] There is no distinction between bogus claims and > > reasonable claims. > > [2] There is no guarantee that a court will ever be involved > > or that it will make a judgment. > > [3] There is no guarantee that Apple will ever lift the > > suspe

Re: APSL 1.1

1999-04-20 Thread Chip Salzenberg
According to Ben Pfaff: > Chip Salzenberg <[EMAIL PROTECTED]> writes: > > Ben: > > > [0] There is no distinction between bogus claims and > > > reasonable claims. > > > [2] There is no guarantee that a court will ever be involved > > > or that it will make a judgment. >

Re: APSL 1.1

1999-04-20 Thread Ben Pfaff
Chip Salzenberg <[EMAIL PROTECTED]> writes: According to Ben Pfaff: > Maybe you think that the last clause in that paragraph, ``If Apple > suspends Your rights... nothing in this License shall be construed to > restrict You... from replacing the Affected Original Code...'', means >

Re: APSL 1.1

1999-04-20 Thread Chip Salzenberg
According to Ben Pfaff: > Maybe you think that the last clause in that paragraph, ``If Apple > suspends Your rights... nothing in this License shall be construed to > restrict You... from replacing the Affected Original Code...'', means > that you have some additional rights. No, I don't think tha

Re: APSL 1.1

1999-04-20 Thread Ben Pfaff
Chip Salzenberg <[EMAIL PROTECTED]> writes: According to John Hasler: > This is improved, but it still allows revocation on the basis of a > mere allegation of infringement. I could send a letter to Apple > claiming that the Original Code infringes the copyright on the term > paper

APSL 1.1

1999-04-20 Thread Chip Salzenberg
According to John Hasler: > This is improved, but it still allows revocation on the basis of a > mere allegation of infringement. I could send a letter to Apple > claiming that the Original Code infringes the copyright on the term > paper I wrote for Anthro 101 in 1967 and it would be grounds for

Re: [brian@hyperreal.org: APSL 1.1 available for comment.]

1999-04-20 Thread John Hasler
Henning Makholm writes: > Are anyone resending these comments to the OSI mailing list mentioned? I'm not, but feel free to forward mine. -- John Hasler [EMAIL PROTECTED] (John Hasler) Dancing Horse Hill Elmwood, WI

Re: [brian@hyperreal.org: APSL 1.1 available for comment.]

1999-04-20 Thread Henning Makholm
John Hasler <[EMAIL PROTECTED]> writes: > Ben Pfaff writes: > > The URL to the APSL 1.1 is at > > http://publicsource.apple.com/apsl/ > > Still not acceptable: > > [revocation clause] > I agree. Are anyone resending these comments to the OSI mailing list mentioned? -- Henning Makholm

Re: [brian@hyperreal.org: APSL 1.1 available for comment.]

1999-04-20 Thread John Hasler
Ben Pfaff writes: > The URL to the APSL 1.1 is at > http://publicsource.apple.com/apsl/ > Still not acceptable: > [revocation clause] I agree. This is improved, but it still allows revocation on the basis of a mere allegation of infringement. I could send a letter to Apple claim

Re: [brian@hyperreal.org: APSL 1.1 available for comment.]

1999-04-19 Thread Ben Pfaff
The URL to the APSL 1.1 is at http://publicsource.apple.com/apsl/ Still not acceptable: 9.1 Infringement. If any portion of, or functionality implemented by, the Original Code becomes the subject of a claim of infringement, Apple may, at its option: (a) attempt to

[brian@hyperreal.org: APSL 1.1 available for comment.]

1999-04-19 Thread Ean R . Schuessler
Just in case you hadn't subscribed. - Forwarded message from Brian Behlendorf <[EMAIL PROTECTED]> - Delivered-To: license-discuss@crynwr.com Date: Mon, 19 Apr 1999 15:10:40 -0700 (PDT) From: Brian Behlendorf <[EMAIL PROTECTED]> To: license-discuss@opensource.org