Re: LGPL module linked with a GPL lib

2005-08-06 Thread Michael K. Edwards
On 8/6/05, Diego Biurrun <[EMAIL PROTECTED]> wrote: > On Sat, Aug 06, 2005 at 01:15:22AM -0700, Michael K. Edwards wrote: > > It's controversial to say that RMS is occasionally reported to behave > > eccentrically? And that being a conference speaker doesn't > > necessarily stop him? > > No. But

Re: Code of conduct and MUAs [was: Re: LGPL module linked with a GPL lib]

2005-08-06 Thread MJ Ray
Francesco Poli <[EMAIL PROTECTED]> wrote: > IIRC, the code of conduct says that the canonical way to ask to be Cc:ed > on replies is setting an appropriate Mail-Followup-To: field. > Asking the same in the message body (in natural language) is a useful > reminder for users of MUAs that do not auto

Re: LGPL module linked with a GPL lib

2005-08-06 Thread Diego Biurrun
On Sat, Aug 06, 2005 at 01:15:22AM -0700, Michael K. Edwards wrote: > On 8/4/05, Diego Biurrun <[EMAIL PROTECTED]> wrote: > > On Wed, Aug 03, 2005 at 07:24:33PM -0700, Michael K. Edwards wrote: > > > If a public figure as remarkable as RMS does not choose to gather > > > sizable donations to his pr

Re: LGPL module linked with a GPL lib

2005-08-06 Thread Michael K. Edwards
On 8/4/05, Diego Biurrun <[EMAIL PROTECTED]> wrote: > On Wed, Aug 03, 2005 at 07:24:33PM -0700, Michael K. Edwards wrote: > > If a public figure as remarkable as RMS does not choose to gather > > sizable donations to his preferred charity in return for his speaking > > engagements, then perhaps con

Re: LGPL module linked with a GPL lib

2005-08-04 Thread Diego Biurrun
Apologies to all innocent bystanders for what has degenerated into an offtopic flamefest. Unfortunately MKE has made some statements directed at myself that I feel I cannot leave unanswered. On Wed, Aug 03, 2005 at 07:24:33PM -0700, Michael K. Edwards wrote: > On 8/3/05, Diego Biurrun <[EMAIL PRO

Re: LGPL module linked with a GPL lib

2005-08-04 Thread Raul Miller
On 8/4/05, Michael K. Edwards <[EMAIL PROTECTED]> wrote: > It's a _little_ more abstract than real property ownership, which is a > lot more abstract than possession of a chattel; but it's rather less > abstract than, say, ownership of a 401(k) account -- a device where > you have limited control o

Re: LGPL module linked with a GPL lib

2005-08-04 Thread Michael K. Edwards
On 8/4/05, Raul Miller <[EMAIL PROTECTED]> wrote: > Nevertheless, intellectual property is fundamentally different from > real property, and the differences, in the general case, make it > impossible to determine the boundaries of intellectual property. It's a _little_ more abstract than real prop

Re: LGPL module linked with a GPL lib

2005-08-04 Thread Raul Miller
On 8/3/05, Michael K. Edwards <[EMAIL PROTECTED]> wrote: > > If we can't even manage this issue in the context of a single > > paragraph, what hope do we have of codifying protection > > for newly thought up instances of this issue, in law? > > That would be the reason that the integrity and compe

Re: LGPL module linked with a GPL lib

2005-08-04 Thread Bernhard R. Link
* Michael K. Edwards <[EMAIL PROTECTED]> [050804 04:24]: > > And I judge your evidence poorly researched. This does not enhance your > > credibility when you expound at length (and length and length) on legal > > affairs. That was a good one. > It's really interesting that people who show no evi

Re: LGPL module linked with a GPL lib

2005-08-04 Thread Michael K. Edwards
I wrote: > RMS may sincerely > believe that the GPL is a successful hack around contract law and the > limits courts have imposed on other software copyright holders; but I > don't see how a court could possibly agree with him. Not to be paranoid or anything, but a reminder-disclaimer: The

Re: LGPL module linked with a GPL lib

2005-08-04 Thread Michael K. Edwards
I wrote: > They're a sidetrack to be sure; but kind of an interesting sidetrack. > His personal history and philosophy strike me as more reminiscent of > Dominic de Guzman or Benedict of Nursia than any modern figure. In > any case, I certainly intended no slur on RMS by that, nor on any > partici

Re: LGPL module linked with a GPL lib

2005-08-03 Thread Michael K. Edwards
On 8/3/05, Raul Miller <[EMAIL PROTECTED]> wrote: > There's probably a lesson in here somewhere. > > "information" is also a term used to describe how people > communicate. Indeed, among other things; and it is a term sufficiently broad and vague as to have very little utility in law. > You try

Re: LGPL module linked with a GPL lib

2005-08-03 Thread Michael K. Edwards
On 8/3/05, Diego Biurrun <[EMAIL PROTECTED]> wrote: > That would again be news to me. I've just given two talks at LinuxTag > (the biggest Linux-related event in Europe) and all I got was two nights > in a hotel room. That's what all the speakers get, some do get part of > or all of their travel

Re: LGPL module linked with a GPL lib

2005-08-03 Thread Raul Miller
On 8/3/05, Michael K. Edwards <[EMAIL PROTECTED]> wrote: > On 8/3/05, Raul Miller <[EMAIL PROTECTED]> wrote: > > I think his point is that because of the nature of ideas -- that they don't > > exist in and of themselves, but are abstracts used to describe > > communication between people -- that it

Re: LGPL module linked with a GPL lib

2005-08-03 Thread Michael K. Edwards
On 8/3/05, Jeff Licquia <[EMAIL PROTECTED]> wrote: > I consider it a "grievous error" to claim that RMS "preach[es] the > economic superiority of the free software system". You were not calling > for an inquiry of any kind in that statement; you were simply snarking. > And you were called out for

Re: LGPL module linked with a GPL lib

2005-08-03 Thread Diego Biurrun
On Tue, Aug 02, 2005 at 01:40:42PM -0700, Michael K. Edwards wrote: > On 8/2/05, Diego Biurrun <[EMAIL PROTECTED]> wrote: > > That RMS gets paid for all the speeches he gives would indeed be news. > > I have first-hand knowledge that he follows invitations to speak about > > free software when prov

Re: LGPL module linked with a GPL lib

2005-08-03 Thread Michael K. Edwards
On 8/3/05, Raul Miller <[EMAIL PROTECTED]> wrote: > I think his point is that because of the nature of ideas -- that they don't > exist in and of themselves, but are abstracts used to describe > communication between people -- that it's impossible to codify > property rights protecting them. There

Re: LGPL module linked with a GPL lib

2005-08-03 Thread Jeff Licquia
On Wed, 2005-08-03 at 15:21 -0700, Michael K. Edwards wrote: > No, I just explained where I was coming from in characterizing RMS's > public posture as "preach[ing] the economic superiority of the free > software system". How you can call this an attempt to shut down the > debate is beyond me. If

RE: LGPL module linked with a GPL lib

2005-08-03 Thread Jeff Licquia
On Wed, 2005-08-03 at 10:52 -0300, Humberto Massa Guimarães wrote: > IMHO its relevance to d-l is that, if such suspicions are indeed founded, the > FSF GPL FAQ should not be taken by face value and that Debian should > re-evaluate its position about GPL and linking. If you can prove that the FS

Re: LGPL module linked with a GPL lib

2005-08-03 Thread Michael K. Edwards
On 8/3/05, Jeff Licquia <[EMAIL PROTECTED]> wrote: > > In any case, there's a perfectly good argument that for > > Debian to piss off the FSF is not a good idea whether or not they have > > a legal leg to stand on. I personally would be ashamed to lend my > > good name to their conduct in recent

Re: LGPL module linked with a GPL lib

2005-08-03 Thread Raul Miller
On 8/3/05, Michael K. Edwards <[EMAIL PROTECTED]> wrote: > You've got a fair point, in that RMS doesn't see his arguments as > preaching economic superiority; and certainly many commentators have > contrasted RMS's "ethical" perspective with, say, ESR's "economic" > perspective. I don't entirely a

Re: LGPL module linked with a GPL lib

2005-08-03 Thread Michael K. Edwards
On 8/3/05, Jeff Licquia <[EMAIL PROTECTED]> wrote: > I may not be much in the legal department, but you are now commenting on > a field I am trained in. Suffice it to say that you have not thought > seriously about the implications of your conflation of ethics and > economics--or that if you have,

Re: LGPL module linked with a GPL lib

2005-08-03 Thread Michael K. Edwards
On 8/3/05, Jeff Licquia <[EMAIL PROTECTED]> wrote: > It could be the case that everyone who disagrees with you whom you think > should know better has ulterior motives. However, I think you need to > consider the possibility that you simply do not understand the subject > matter as well as you thi

Re: LGPL module linked with a GPL lib

2005-08-03 Thread Jeff Licquia
On Wed, 2005-08-03 at 13:11 -0700, Michael K. Edwards wrote: > On 8/2/05, Patrick Herzig <[EMAIL PROTECTED]> wrote: > > RMS doesn't preach the economic superiority of free software. If you > > fail to understand even such a well-explained position I wonder what > > your references to all kinds of p

Re: LGPL module linked with a GPL lib

2005-08-03 Thread Michael K. Edwards
On 8/3/05, Raul Miller <[EMAIL PROTECTED]> wrote: > On 8/2/05, Michael K. Edwards <[EMAIL PROTECTED]> wrote: > > Mostly I care about the freedom to pursue what is for me > > both an intellectual interest and a trade, on terms which more or less > > reflect an accurate perspective on the surroundin

Re: LGPL module linked with a GPL lib

2005-08-03 Thread Christofer C. Bell
On 8/3/05, Jeff Licquia <[EMAIL PROTECTED]> wrote: > On Sat, 2005-07-30 at 03:55 -0700, Michael K. Edwards wrote: > > Let me try again. Eben Moglen has a J. D. from Yale. > > It is. And, from my perspective, it completely destroys your > credibility. What makes your opinion more credible than

Re: LGPL module linked with a GPL lib

2005-08-03 Thread Jeff Licquia
On Sat, 2005-07-30 at 03:55 -0700, Michael K. Edwards wrote: > Let me try again. Eben Moglen has a J. D. from Yale. He has been > admitted to the bar in New York and before the Supreme Court. He has > clerked in district court and for Justice Thurgood Marshall. He has > held a professorship of

Re: LGPL module linked with a GPL lib

2005-08-03 Thread Jeff Licquia
On Wed, 2005-07-27 at 14:44 -0700, Michael K. Edwards wrote: > How many participants in the KDE/Qt brouhaha actually cited relevant > case law? I recall that quite a bit of case law was discussed. Perhaps the debian-legal archives could tell you more. > In any case, there's a perfectly good ar

Re: LGPL module linked with a GPL lib

2005-08-03 Thread Michael K. Edwards
On 8/2/05, Patrick Herzig <[EMAIL PROTECTED]> wrote: > RMS doesn't preach the economic superiority of free software. If you > fail to understand even such a well-explained position I wonder what > your references to all kinds of precedents and such are worth. You've got a fair point, in that RMS d

Re: LGPL module linked with a GPL lib

2005-08-03 Thread Raul Miller
On 8/3/05, Humberto Massa Guimarães <[EMAIL PROTECTED]> wrote: > IMHO its relevance to d-l is that, if such suspicions are indeed founded, > the FSF GPL FAQ should not be taken by face value and that Debian > should re-evaluate its position about GPL and linking. Why? Personally, I've quoted th

Re: LGPL module linked with a GPL lib

2005-08-03 Thread Raul Miller
On 8/2/05, Michael K. Edwards <[EMAIL PROTECTED]> wrote: > Mostly I care about the freedom to pursue what is for me > both an intellectual interest and a trade, on terms which more or less > reflect an accurate perspective on the surrounding law and economics. > Misrepresentations and charlatanry

RE: LGPL module linked with a GPL lib

2005-08-03 Thread Humberto Massa Guimarães
** Raul :: > On 8/2/05, Michael K. Edwards <[EMAIL PROTECTED]> wrote: > > I'm just telling you how it looks to me, and pointing you to where I > > got what evidence I have so that you can judge for yourself. The FSF > > is notoriously unforthcoming about their financial dealings, and the > > cash

Re: LGPL module linked with a GPL lib

2005-08-02 Thread Patrick Herzig
On 8/3/05, Michael K. Edwards <[EMAIL PROTECTED]> wrote: > I wrote: > > So yes, inquiring minds want to know. > > And this inquiring mind is now satisfied as to what probably pays > RMS's rent lately -- the ~$268K Takeda Award he received in 2001. > (You couldn't keep a family in Cambridge for fou

Re: LGPL module linked with a GPL lib

2005-08-02 Thread Michael K. Edwards
I wrote: > So yes, inquiring minds want to know. And this inquiring mind is now satisfied as to what probably pays RMS's rent lately -- the ~$268K Takeda Award he received in 2001. (You couldn't keep a family in Cambridge for four years on that, but RMS doesn't have that problem.) Me, I'd be kin

Re: LGPL module linked with a GPL lib

2005-08-02 Thread Michael K. Edwards
On 8/2/05, Raul Miller <[EMAIL PROTECTED]> wrote: > On 8/2/05, Michael K. Edwards <[EMAIL PROTECTED]> wrote: > > I'm just telling you how it looks to me, and pointing you to where I > > got what evidence I have so that you can judge for yourself. The FSF > > is notoriously unforthcoming about thei

Re: LGPL module linked with a GPL lib

2005-08-02 Thread Michael K. Edwards
I wrote: > There's a lot of money to be made in this > area (although it's a pretty hard life if you have close friends and > like your home); and if RMS had a way of laundering the money ("don't > give it to me; but donate to the FSF if you like") so as to appear > saintly, he wouldn't be th

Re: LGPL module linked with a GPL lib

2005-08-02 Thread Raul Miller
On 8/2/05, Michael K. Edwards <[EMAIL PROTECTED]> wrote: > I'm just telling you how it looks to me, and pointing you to where I > got what evidence I have so that you can judge for yourself. The FSF > is notoriously unforthcoming about their financial dealings, and the > cash flows involved are no

Re: LGPL module linked with a GPL lib

2005-08-02 Thread Michael K. Edwards
On 8/2/05, Diego Biurrun <[EMAIL PROTECTED]> wrote: > That RMS gets paid for all the speeches he gives would indeed be news. > I have first-hand knowledge that he follows invitations to speak about > free software when provided free travel and lodging. Do you know the numbers? As I wrote, I don't

Re: LGPL module linked with a GPL lib

2005-08-02 Thread Diego Biurrun
On Wed, Jul 27, 2005 at 04:04:34PM -0700, Michael K. Edwards wrote: > > Although I have no personal knowledge on the financial side, it > certainly looks to me like it has made them both rich men. Little > snippets in the public record -- Jim Blandy's comment at > http://www.jwz.org/doc/lemacs.ht

Re: LGPL module linked with a GPL lib

2005-07-31 Thread Michael K. Edwards
On 7/31/05, Francesco Poli <[EMAIL PROTECTED]> wrote: > Maybe a license that fits Michael's needs, but definitely *not* a > DFSG-free one: unfortunately, at the moment, there are no CC licenses > that comply with the DFSG... I do not, at present, need a license at all; I am perfectly content with

Re: LGPL module linked with a GPL lib

2005-07-31 Thread Francesco Poli
On Sun, 31 Jul 2005 14:11:15 +0200 Diego Biurrun wrote: > On Sat, Jul 30, 2005 at 11:30:15AM -0700, Michael K. Edwards wrote: > > On 7/30/05, Francesco Poli <[EMAIL PROTECTED]> wrote: > > > Well, let's say "Almost All Rights Reserved". > > > Anyway, it's still really far away from a DFSG-free docu

Re: LGPL module linked with a GPL lib

2005-07-31 Thread Raul Miller
On 7/30/05, Michael K. Edwards <[EMAIL PROTECTED]> wrote: > On 7/30/05, Raul Miller <[EMAIL PROTECTED]> wrote: > > I count four issues the judge considered, with a bit of detail on each > > of those issues. > > I didn't say six "issues". I said "six reasons why it would be > inappropriate to gran

Re: LGPL module linked with a GPL lib

2005-07-31 Thread Diego Biurrun
On Sat, Jul 30, 2005 at 11:30:15AM -0700, Michael K. Edwards wrote: > On 7/30/05, Francesco Poli <[EMAIL PROTECTED]> wrote: > > Well, let's say "Almost All Rights Reserved". > > Anyway, it's still really far away from a DFSG-free document: that's > > basically what I meant... > > Oddly enough, the

Re: LGPL module linked with a GPL lib

2005-07-31 Thread Michael K. Edwards
I wrote: > The contributory / direct infringement difference is kind of > interesting from a tactical point of view ... followed by some discussion about the Micro Star opinion that was more inarticulate than usual. The point I was trying to make, in sentences of 25 words or less: The important p

Re: LGPL module linked with a GPL lib

2005-07-30 Thread Michael K. Edwards
On 7/30/05, Ken Arromdee <[EMAIL PROTECTED]> wrote: > By this reasoning, if linking is normally a breach of rights, I could give you > some BSD licensed software and do exactly the same thing. I am estopped from > suing you for linking with my BSD software, but I can still prevent other > people f

Re: LGPL module linked with a GPL lib

2005-07-30 Thread Michael K. Edwards
On 7/30/05, Francesco Poli <[EMAIL PROTECTED]> wrote: > Well, let's say "Almost All Rights Reserved". > Anyway, it's still really far away from a DFSG-free document: that's > basically what I meant... Oddly enough, there is some useful knowledge out there that is not currently available in a DFSG-

Re: LGPL module linked with a GPL lib

2005-07-30 Thread Francesco Poli
On Fri, 29 Jul 2005 13:07:00 -0700 Michael K. Edwards wrote: > On 7/29/05, Francesco Poli <[EMAIL PROTECTED]> wrote: > > In other words, "All Rights Reserved"... :-( > > I did say that I would be happy to give you advance permission to > circulate a reasonable number of copies privately, which w

Code of conduct and MUAs [was: Re: LGPL module linked with a GPL lib]

2005-07-30 Thread Francesco Poli
On Fri, 29 Jul 2005 13:07:00 -0700 Michael K. Edwards wrote: > On 7/29/05, Francesco Poli <[EMAIL PROTECTED]> wrote: [...] > > P.S.: please do not reply to me directly, while Cc:ing the list, as > > I didn't ask you to do so... since I'm a debian-legal subscriber, > > I'd rather not receive messag

Re: LGPL module linked with a GPL lib

2005-07-30 Thread Ken Arromdee
On Fri, 29 Jul 2005, Michael K. Edwards wrote: > > If the GPL lets the user do it, it isn't infringement at all. You can't > > have contributory infringement if there's no infringement. > The GPL is not a new copyright statute with the power to override the > meaning of infringement, nor do its dr

Re: LGPL module linked with a GPL lib

2005-07-30 Thread Michael K. Edwards
On 7/30/05, Raul Miller <[EMAIL PROTECTED]> wrote: > I count four issues the judge considered, with a bit of detail on each > of those issues. I didn't say six "issues". I said "six reasons why it would be inappropriate to grant a preliminary injunction for breach of the GPL terms, any one of whi

Re: LGPL module linked with a GPL lib

2005-07-30 Thread Raul Miller
On 7/28/05, Michael K. Edwards <[EMAIL PROTECTED]> wrote: > On 7/28/05, Raul Miller <[EMAIL PROTECTED]> wrote: > > For example, take Progress v. MySql -- here, the "stop > > distribution" penalty was not used in part because Progress > > didn't have anything else -- it would have been destroyed > >

Re: LGPL module linked with a GPL lib

2005-07-30 Thread Raul Miller
On 7/28/05, Michael K. Edwards <[EMAIL PROTECTED]> wrote: > On 7/28/05, Raul Miller <[EMAIL PROTECTED]> wrote: > > I don't think that the point is that people would be going to jail for > > violating the GPL. > > "Violating the GPL" doesn't mean anything. Yes it does -- it means actions in the

Re: LGPL module linked with a GPL lib

2005-07-30 Thread Raul Miller
On 7/28/05, Humberto Massa Guimarães <[EMAIL PROTECTED]> wrote: > The only good answer people in d-l gave me to the question: > "why is the assumption that such linking is a violation of the > GPL valid?" is "because Eben Moglen said so in the GPL > FAQ, and he is a law teacher, so it must be tr

Re: LGPL module linked with a GPL lib

2005-07-30 Thread Raul Miller
> > GPL violators appear to face several potential penalties: > On 7/28/05, Michael Poole <[EMAIL PROTECTED]> wrote: > Potential penalties are irrelevant to my question. You assume a > priori that such linking is a violation of the GPL. My question was > why that assumption is valid. As I expl

Re: LGPL module linked with a GPL lib

2005-07-30 Thread Raul Miller
On 7/28/05, Humberto Massa Guimarães <[EMAIL PROTECTED]> wrote: > Strawman? > > Fact: the creation of a derivative work is the application of some > transformation > on the original work. > > The above snippet (which isn't even copyrightable, for its sheer size and the > necessity of expressin

Re: LGPL module linked with a GPL lib

2005-07-29 Thread Michael K. Edwards
On 7/29/05, Francesco Poli <[EMAIL PROTECTED]> wrote: > In other words, "All Rights Reserved"... :-( I did say that I would be happy to give you advance permission to circulate a reasonable number of copies privately, which would leave me with no recourse against you unless you set out to misappr

Re: LGPL module linked with a GPL lib

2005-07-29 Thread Michael K. Edwards
On 7/29/05, Ken Arromdee <[EMAIL PROTECTED]> wrote: > While that's true, the right of users to link the software in private isn't > a personal-use safe harbor--it's explicitly allowed by the GPL. > > If the GPL lets the user do it, it isn't infringement at all. You can't > have contributory infri

Re: LGPL module linked with a GPL lib

2005-07-29 Thread Francesco Poli
On Thu, 28 Jul 2005 17:06:58 -0700 Michael K. Edwards wrote: > On 7/28/05, Francesco Poli <[EMAIL PROTECTED]> wrote: > > What do you mean "freely available"? > > Should I request a copy, which license would you send it under? > > None whatsoever. :-) Just like sending you a paper copy in the ma

Re: LGPL module linked with a GPL lib

2005-07-29 Thread Ken Arromdee
On Thu, 28 Jul 2005, Michael K. Edwards wrote: > > But that doesn't apply in the case of automatic systems for users to do the > > link. The GPL allows users to do what they want privately, so the users > > aren't performing infringing acts themselves. > While Andrew's parallel to Grokster is IMHO

Re: LGPL module linked with a GPL lib

2005-07-29 Thread Andrew Suffield
On Thu, Jul 28, 2005 at 08:04:40AM -0400, Michael Poole wrote: > Andrew Suffield writes: > > > On Wed, Jul 27, 2005 at 02:42:35PM -0300, Humberto Massa Guimar?es wrote: > >> Static linking can *not* create a derived work, because it is an > >> automatic process. Poster case: is hello, generated fr

Re: LGPL module linked with a GPL lib

2005-07-29 Thread Andrew Suffield
On Thu, Jul 28, 2005 at 09:19:15AM -0700, Ken Arromdee wrote: > On Thu, 28 Jul 2005, Andrew Suffield wrote: > > > Anyway, the person who "recombines" the "film" and "track", in the > > > case of dynamic linking, is the *USER*, in the process of using the > > > program, and copyrights protection do

Re: LGPL module linked with a GPL lib

2005-07-28 Thread Michael K. Edwards
On 7/28/05, Francesco Poli <[EMAIL PROTECTED]> wrote: > What do you mean "freely available"? > Should I request a copy, which license would you send it under? None whatsoever. :-) Just like sending you a paper copy in the mail, with no obligation of confidentiality as such; the copy is yours, fe

Re: LGPL module linked with a GPL lib

2005-07-28 Thread Francesco Poli
On Wed, 27 Jul 2005 16:04:34 -0700 Michael K. Edwards wrote: > On 7/27/05, Jeff Licquia <[EMAIL PROTECTED]> wrote: > > Excuse me for asking, but why is this monograph not freely > > available? Surely, as a non-lawyer, you have no hope of profiting > > from it, and having a succint, linkable statem

Re: LGPL module linked with a GPL lib

2005-07-28 Thread Michael K. Edwards
On 7/28/05, Raul Miller <[EMAIL PROTECTED]> wrote: > For example, take Progress v. MySql -- here, the "stop > distribution" penalty was not used in part because Progress > didn't have anything else -- it would have been destroyed > by this penalty. And, Progress had agreed in court to release > th

Re: LGPL module linked with a GPL lib

2005-07-28 Thread Michael K. Edwards
On 7/28/05, Ken Arromdee <[EMAIL PROTECTED]> wrote: > On Thu, 28 Jul 2005, Andrew Suffield wrote: > > You Are Wrong. Under US law, this is Contributory Infringement, which > > carries a full array of jail terms. SCOTUS just upheld it against > > Grokster a few weeks ago. Providing an automated syst

Re: LGPL module linked with a GPL lib

2005-07-28 Thread Michael K. Edwards
On 7/28/05, Raul Miller <[EMAIL PROTECTED]> wrote: > I don't think that the point is that people would be going to jail for > violating the GPL. "Violating the GPL" doesn't mean anything. The GPL is not a statute. It's just an offer of contract. The only way to "enforce" it is for a party with

Re: LGPL module linked with a GPL lib

2005-07-28 Thread Humberto Massa Guimarães
** Michael Poole :: > Potential penalties are irrelevant to my question. You assume a > priori that such linking is a violation of the GPL. My question was > why that assumption is valid. As I explained above, his citation of > case law does not fit the facts. The only good answer people in d-

Re: LGPL module linked with a GPL lib

2005-07-28 Thread Michael Poole
Raul Miller writes: > On 7/28/05, Michael Poole <[EMAIL PROTECTED]> wrote: >> What statute or case law supports this position? Comparison to >> Grokster et al doesn't hold, for reasons that should have been >> obvious: The GPL explicitly allows a user to use and modify code in >> any way the user

Re: LGPL module linked with a GPL lib

2005-07-28 Thread Humberto Massa Guimarães
** Raul Miller :: > On 7/27/05, Humberto Massa Guimarães > <[EMAIL PROTECTED]> wrote: > > Static linking can *not* create a derived work, because it is an > > automatic process. Poster case: is hello, generated from hello.c: > > > > #include > > int main(int argc, char** argv) { > > pri

Re: LGPL module linked with a GPL lib

2005-07-28 Thread Raul Miller
On 7/27/05, Michael K. Edwards <[EMAIL PROTECTED]> wrote: > Whether or not that agreement purports to bind a developer in ways > that copyright law does not, there are limits to what terms a court > will permit in a contract of adhesion. Agreed. Then again, the penalties I'd expect the court to

Re: LGPL module linked with a GPL lib

2005-07-28 Thread Raul Miller
On 7/27/05, Humberto Massa Guimarães <[EMAIL PROTECTED]> wrote: > Static linking can *not* create a derived work, because it is an > automatic process. Poster case: is hello, generated from hello.c: > > #include > int main(int argc, char** argv) { > printf("Hello\n"); > return 0; >

Re: LGPL module linked with a GPL lib

2005-07-28 Thread Raul Miller
On 7/28/05, Michael Poole <[EMAIL PROTECTED]> wrote: > What statute or case law supports this position? Comparison to > Grokster et al doesn't hold, for reasons that should have been > obvious: The GPL explicitly allows a user to use and modify code in > any way the user sees appropriate; section

Re: LGPL module linked with a GPL lib

2005-07-28 Thread Ken Arromdee
On Thu, 28 Jul 2005, Andrew Suffield wrote: > > Anyway, the person who "recombines" the "film" and "track", in the > > case of dynamic linking, is the *USER*, in the process of using the > > program, and copyrights protection do not apply at that moment, as > > per 17USC. > You Are Wrong. Under US

Re: LGPL module linked with a GPL lib

2005-07-28 Thread Michael Poole
Andrew Suffield writes: > On Wed, Jul 27, 2005 at 02:42:35PM -0300, Humberto Massa Guimar?es wrote: >> Static linking can *not* create a derived work, because it is an >> automatic process. Poster case: is hello, generated from hello.c: >> >> #include >> int main(int argc, char** argv) { >>

Re: LGPL module linked with a GPL lib

2005-07-28 Thread Andrew Suffield
On Wed, Jul 27, 2005 at 02:42:35PM -0300, Humberto Massa Guimar?es wrote: > Static linking can *not* create a derived work, because it is an > automatic process. Poster case: is hello, generated from hello.c: > > #include > int main(int argc, char** argv) { > printf("Hello\n"); > retu

Re: LGPL module linked with a GPL lib

2005-07-27 Thread Michael K. Edwards
On 7/27/05, Jeff Licquia <[EMAIL PROTECTED]> wrote: > Excuse me for asking, but why is this monograph not freely available? > Surely, as a non-lawyer, you have no hope of profiting from it, and > having a succint, linkable statement of your arguments would do wonders > for preventing such go-around

Re: LGPL module linked with a GPL lib

2005-07-27 Thread Michael K. Edwards
On 7/27/05, Jeff Licquia <[EMAIL PROTECTED]> wrote: > Does such compilation in itself give Debian any rights on its own, or is > the compilation seen as non-copyrightable? The collective work (special case of compilation) that is a Debian CD is copyrightable. The copyright covers the creative exp

Re: LGPL module linked with a GPL lib

2005-07-27 Thread Jeff Licquia
On Wed, 2005-07-27 at 12:00 -0700, Michael K. Edwards wrote: > The message to which I pointed you has a link back into the main fray > (threads with titles like "Urgently need GPL compatible libsnmp5-dev > replacement", "GPL and linking", and "What makes software > copyrightable anyway?"). I've pu

Re: LGPL module linked with a GPL lib

2005-07-27 Thread Jeff Licquia
On Wed, 2005-07-27 at 14:42 -0300, Humberto Massa Guimarães wrote: > ** Jeff Licquia :: > > > On Wed, 2005-07-27 at 10:05 -0300, Humberto Massa Guimarães wrote: > > > First of all, Debian GNU/Linux is *NOT* a derivative work of > > > OpenSSL, GStreamer, nor any of its plugins. A derivative work >

Re: LGPL module linked with a GPL lib

2005-07-27 Thread Michael K. Edwards
On 7/27/05, Jeff Licquia <[EMAIL PROTECTED]> wrote: > On Wed, 2005-07-27 at 10:05 -0300, Humberto Massa Guimarães wrote: > > First of all, Debian GNU/Linux is *NOT* a derivative work of > > OpenSSL, GStreamer, nor any of its plugins. A derivative work has a > > definition in the statute (in the US

Re: LGPL module linked with a GPL lib

2005-07-27 Thread Humberto Massa Guimarães
** Jeff Licquia :: > On Wed, 2005-07-27 at 10:05 -0300, Humberto Massa Guimarães wrote: > > First of all, Debian GNU/Linux is *NOT* a derivative work of > > OpenSSL, GStreamer, nor any of its plugins. A derivative work > > has a definition in the statute (in the US case, 17USC). > > Hmm. I suppo

Re: LGPL module linked with a GPL lib

2005-07-27 Thread Jeff Licquia
On Wed, 2005-07-27 at 10:05 -0300, Humberto Massa Guimarães wrote: > First of all, Debian GNU/Linux is *NOT* a derivative work of > OpenSSL, GStreamer, nor any of its plugins. A derivative work has a > definition in the statute (in the US case, 17USC). Hmm. I suppose this is part and parcel of th

Re: LGPL module linked with a GPL lib

2005-07-27 Thread Humberto Massa Guimarães
** Jeff Licquia :: > On Tue, 2005-07-26 at 11:14 -0300, Humberto Massa Guimarães wrote: > > I find this discussion ultimately absurd. Debian is *not* > > distributing a derivative work. Debian does *not* distribute a > > work that includes both plugins/libraries. The fact that the > > things are (

Re: LGPL module linked with a GPL lib

2005-07-26 Thread Michael K. Edwards
I wrote: > ... only those few d-l participants with actual legal credentials seem to > agree with me ... Er, that overreaches a bit in both directions; sorry. I'm more strident on the topic than the people with credentials are, and there are certainly other d-l regulars who question the FSF FAQ'

Re: LGPL module linked with a GPL lib

2005-07-26 Thread Michael K. Edwards
On 7/26/05, Michael Poole <[EMAIL PROTECTED]> wrote: [snip] > A compilation or collective work under US law is not necessarily a > derivative work of any of its components. The GPL's use of > "derivative" and "derived" is fuzzy in this sense, which is one reason > the terms from copyright law are

Re: LGPL module linked with a GPL lib

2005-07-26 Thread Michael Poole
Jeff Licquia writes: > On Tue, 2005-07-26 at 11:14 -0300, Humberto Massa Guimarães wrote: >> I find this discussion ultimately absurd. Debian is *not* >> distributing a derivative work. Debian does *not* distribute a work >> that includes both plugins/libraries. The fact that the things are >> (dy

Re: LGPL module linked with a GPL lib

2005-07-26 Thread Jeff Licquia
On Tue, 2005-07-26 at 11:14 -0300, Humberto Massa Guimarães wrote: > I find this discussion ultimately absurd. Debian is *not* > distributing a derivative work. Debian does *not* distribute a work > that includes both plugins/libraries. The fact that the things are > (dynamically) linked at run tim

Re: LGPL module linked with a GPL lib

2005-07-26 Thread Humberto Massa Guimarães
** Loïc Minier :: > Hi, > > On Mon, Jul 25, 2005, Jeff Licquia wrote: > > >From the GPL: Activities other than copying, distribution and > modification are not > > > covered by this License; they are outside its scope. The act > > > of running the Program is not restricted... > > So the

Re: LGPL module linked with a GPL lib

2005-07-26 Thread Loïc Minier
Hi, On Mon, Jul 25, 2005, Jeff Licquia wrote: > >From the GPL: > > Activities other than copying, distribution and modification are not > > covered by this License; they are outside its scope. The act of > > running the Program is not restricted... > So the particular details of how thing

Re: LGPL module linked with a GPL lib

2005-07-26 Thread Andrew Suffield
On Mon, Jul 25, 2005 at 09:17:25AM -0500, Jeff Licquia wrote: > On Mon, 2005-07-25 at 11:59 +0200, Loïc Minier wrote: > > GStreamer's build process builds separate binaries for the various > > plugins, these are then dlopened when requested. > > > > I would personnally think that installing onl

Re: LGPL module linked with a GPL lib

2005-07-25 Thread Jeff Licquia
On Mon, 2005-07-25 at 11:59 +0200, Loïc Minier wrote: > GStreamer's build process builds separate binaries for the various > plugins, these are then dlopened when requested. > > I would personnally think that installing only Debian's GStreamer > packages that are linked to LGPL libraries doesn

Re: LGPL module linked with a GPL lib

2005-07-25 Thread Loïc Minier
Hi, I agree with most of what you said, except I'd like clarification on this part: On Sun, Jul 24, 2005, Jeff Licquia wrote: > The copyright of the rest of GStreamer depends on how it's distributed. > In Debian, it's clear that GStreamer is distributed with MAD support, > which makes i

Re: LGPL module linked with a GPL lib

2005-07-24 Thread Jeff Licquia
On Sun, 2005-07-24 at 20:50 +0200, Loïc Minier wrote: > The GStreamer suite ships a lot of plugins which are dlopened() when > needed. Some of them link with GPL libraries. > > I received a bug report (#317129) to change the copyright files of > libgstreamer0.8-0 and gstreamer0.8-mad to GPL.