A radical approach to rewriting the DFSG

2004-05-30 Thread Henning Makholm
I have been toying with the possibility of rewriting the DFSG such that it enumerates which things a free license *can* do, rather than just give examples of things it *cannot*. I think that such a revision could get the guidelines to be much closer to the *actual* practise of how we evaluate licen

Re: A radical approach to rewriting the DFSG

2004-05-30 Thread Francesco Poli
On 30 May 2004 06:28:12 +0100 Henning Makholm wrote: > I have been toying with the possibility of rewriting the DFSG such > that it enumerates which things a free license *can* do, rather than > just give examples of things it *cannot*. It sounds interesting: it may work better... > I think that

Re: A radical approach to rewriting the DFSG

2004-05-30 Thread Josh Triplett
Francesco Poli wrote: > * question: "Such a restriction is exactly as silly as it sounds. > However, some otherwise free programs come with licenses that specify > that the program must not be sold alone but only as part of an aggregate > software distribution." > Do you regard those programs as fr

Re: A radical approach to rewriting the DFSG

2004-05-30 Thread Henning Makholm
Scripsit Francesco Poli <[EMAIL PROTECTED]> > * the title: why `stuff'? Mostly to emphasize the draftness of the text. Not intended to be permanent. > Should these guidelines become the new DFSG, I think they will be named > Debian Free Software Guidelines version 2.0 Agreed. > * question: "Su

Re: A radical approach to rewriting the DFSG

2004-05-30 Thread Raul Miller
On Sun, May 30, 2004 at 04:59:08PM +0100, Henning Makholm wrote: > Scripsit Francesco Poli <[EMAIL PROTECTED]> > > Just a question: does this mean that you also grandfather GPL#8? > > Um, no. That is a good reason not to have a grandfather clause, > actually. Removed. You might want to add a gene

ipw2100 firmware distributable?

2004-05-30 Thread Sebastian Ley
Hello legal wizards, I need some advice about a license, my legal-english is not enough to determine whether the ipw2100 (popular wifi chipset) firmware by Intel is distributable in non-free. The license can be found here: http://ipw2100.sourceforge.net/firmware.php?fid=2 My problems are: - Are

Re: A radical approach to rewriting the DFSG

2004-05-30 Thread Nathanael Nerode
Henning Makholm wrote: > I have been toying with the possibility of rewriting the DFSG such > that it enumerates which things a free license *can* do, rather than > just give examples of things it *cannot*. Well, I like the approach a lot. > I think that such a revision > could get the guideline

Re: ipw2100 firmware distributable?

2004-05-30 Thread Mahesh T. Pai
Sebastian Ley said on Sun, May 30, 2004 at 09:54:09PM +0200,: > determine whether the ipw2100 (popular wifi chipset) firmware by Intel > is distributable in non-free. > > The license can be found here: > http://ipw2100.sourceforge.net/firmware.php?fid=2 > Here is the text:- Just did a ctr

Re: DFSG#10 [was: Re: Draft Debian-legal summary of the LGPL]

2004-05-30 Thread Anthony DeRobertis
On May 25, 2004, at 01:03, Branden Robinson wrote: I don't think requiring a verbatim statement is "supporting documentation" is any less obnoxious than requiring a verbatim statement in "advertising materials". I disagree. It's usually in any of the "supporting documentation" vs. in all of

Re: DFSG#10 [was: Re: Draft Debian-legal summary of the LGPL]

2004-05-30 Thread Anthony DeRobertis
On May 25, 2004, at 01:28, Branden Robinson wrote: IMO, "Mexicans can't distribute this software" isn't free, even if its part of the GPL. Let's not get carried away. Well, looks like you've failed your humor check today... Let's just say I meant Mexicans as in "people residing in Mexico"

Re: DFSG#10 [was: Re: Draft Debian-legal summary of the LGPL]

2004-05-30 Thread Glenn Maynard
On Sun, May 30, 2004 at 05:36:42PM -0400, Anthony DeRobertis wrote: > On May 25, 2004, at 01:03, Branden Robinson wrote: > >I don't think requiring a verbatim statement is "supporting > >documentation" is any less obnoxious than requiring a verbatim > >statement > >in "advertising materials". > >

Re: A radical approach to rewriting the DFSG

2004-05-30 Thread Glenn Maynard
FWIW, I don't particularly like this idea. The DFSG, in practice, is working very well, and the "case law" developing around it is practical and, at least on debian-legal, well-understood. Perhaps you could call this the "Henning Free Stuff Guidelines" for now? Having the same abbreviation is inc

Re: A radical approach to rewriting the DFSG

2004-05-30 Thread Josh Triplett
Glenn Maynard wrote: > What about the old Apache license: > > 3. The end-user documentation included with the redistribution, >if any, must include the following acknowledgment: > "This product includes software developed by the >Apache Software Foundation (http://www.apache.org/

Re: ipw2100 firmware distributable?

2004-05-30 Thread Henning Makholm
Scripsit "Mahesh T. Pai" <[EMAIL PROTECTED]> > Here is the text:- ... > CONFIDENTIALITY. If you wish to have a third party consultant or > subcontractor ("Contractor") perform work on your behalf which > involves access to or use of Software, That would seem to include our mirror network... >

Re: A radical approach to rewriting the DFSG

2004-05-30 Thread Henning Makholm
Scripsit Raul Miller <[EMAIL PROTECTED]> > You might want to add a general statement about optional clauses which > require release-time steps from the "author", which would cause problems > if invoked, but which haven't been invoked. I had hoped that the general approach would make this unnecess

Re: A radical approach to rewriting the DFSG

2004-05-30 Thread Lewis Jardine
Henning Makholm wrote: Scripsit Raul Miller <[EMAIL PROTECTED]> You might want to add a general statement about optional clauses which require release-time steps from the "author", which would cause problems if invoked, but which haven't been invoked. I had hoped that the general approach wo

Re: A radical approach to rewriting the DFSG

2004-05-30 Thread Henning Makholm
Scripsit Nathanael Nerode <[EMAIL PROTECTED]> > I actually don't think the GPL Preamble is entirely legally irrelevant; it > would presumably color the legal interpretation of the GPL if a question of > interpretation came up. Hm, what about "a non-legal piece of text", then? > Typo, should be "

Re: A radical approach to rewriting the DFSG

2004-05-30 Thread Glenn Maynard
On Mon, May 31, 2004 at 03:27:06AM +0100, Henning Makholm wrote: > I understand what you're saying, but when I attempt to explain it such > that it is clear for an uninitiated reader what the problem is, it > gets very convoluted. Can't we just hope that an attempt to ITP a > license text as a work

Re: A radical approach to rewriting the DFSG

2004-05-30 Thread Henning Makholm
Scripsit Glenn Maynard <[EMAIL PROTECTED]> > FWIW, I don't particularly like this idea. The DFSG, in practice, > is working very well, and the "case law" developing around it is > practical and, at least on debian-legal, well-understood. I understand and respect your opinion. However, it seems l

Re: A radical approach to rewriting the DFSG

2004-05-30 Thread Henning Makholm
Scripsit Lewis Jardine <[EMAIL PROTECTED]> > Maybe an explicit statement of this point would be a useful addition, > possibly in the introduction? I think you're right in general, but I'm not happy with your exact text: > Note that the /license/ is the terms of the /license text/ as > interprete

Re: ipw2100 firmware distributable?

2004-05-30 Thread Raul Miller
On Mon, May 31, 2004 at 02:19:42AM +0530, Mahesh T. Pai quotes: > LICENSE. This Software is licensed for use only in conjunction with > Intel component products. Use of the Software in conjunction with > non-Intel component products is not licensed hereunder. How can this be free? -- Raul

Re: ipw2100 firmware distributable?

2004-05-30 Thread Raul Miller
Oh, wait, you were asking a different question... On Mon, May 31, 2004 at 02:19:42AM +0530, Mahesh T. Pai wrote: > non-Intel component products is not licensed hereunder. Subject to the > terms of this Agreement, Intel grants to you a nonexclusive, > nontransferable, worldwide, fully paid-up licen

Re: A radical approach to rewriting the DFSG

2004-05-30 Thread Raul Miller
On Mon, May 31, 2004 at 02:48:19AM +0100, Henning Makholm wrote: > I had hoped that the general approach would make this unnecessary - > the text ought to be framed such that it speaks only of the freedom of > the actual license grant made by the author. Part 5 doesn't seem to fit this descriptio

Re: ipw2100 firmware distributable?

2004-05-30 Thread Raul Miller
Bah, I need sleep, minor nitpick: On Mon, May 31, 2004 at 12:42:33AM -0400, I wrote: > (iii) only covers end-users (iii) only covers documentation