Re: Open Software License v2.1

2004-09-15 Thread Glenn Maynard
On Wed, Sep 15, 2004 at 12:01:15AM -0400, Brian Thomas Sniffen wrote: > Consider a copyright-only case: Alice and Bob each release some > software under a copyleft, with a clause mentioning that any lawsuit > claiming copyright infringement on the work or any derivative forfeits > all right to the

Re: Debian and Mozilla Trademarks

2004-09-15 Thread Josh Triplett
Glenn Maynard wrote: > On Thu, Sep 09, 2004 at 06:18:08AM -0700, Josh Triplett wrote: >>Andrew Suffield wrote: >>>On Wed, Sep 08, 2004 at 10:30:55PM -0700, Paul C. Bryan wrote: >>> Are there any other examples of restrictions placed on open-source licenses that Debian has had to deal with

Re: Debian and Mozilla Trademarks

2004-09-15 Thread Glenn Maynard
On Tue, Sep 14, 2004 at 11:33:59PM -0700, Josh Triplett wrote: > > I don't think many people are seriously advocating that the DFSG only > > applies to restrictions made under copyright law. > > In that thread, several people suggested that a restriction such as "You > may not use this logo, or an

Re: Debian Hardened project (question about use of the "Debian" trademark)

2004-09-15 Thread Sven Luther
On Tue, Sep 14, 2004 at 04:40:53PM +0100, Martin Michlmayr wrote: > * Lorenzo Hernandez Garcia-Hierro <[EMAIL PROTECTED]> [2004-09-08 16:26]: > > I want to know if i can use the trademark "Debian" on the name of a > > project that i've started , "Debian Hardened" which i want to see as > > an offic

Re: most liberal license

2004-09-15 Thread Harald Geyer
[ Please keep me on cc as I'm not subscribed ] Hi! Thanks, for your response: > > Is there some other "as free as public domain" license? I don't like > > to reinvent the wheel, but I haven't found one yet.\ > > I ususally recommend and use the MIT-Licence for that, it essentially > says the s

Re: Open Software License v2.1

2004-09-15 Thread MJ Ray
On 2004-09-15 04:14:40 +0100 Josh Triplett <[EMAIL PROTECTED]> wrote: Does that really matter, if the condition for termination is acceptable? If the patent license is terminated, the only reason to care whether the copyright license terminates as well is if you intend to ignore the lack of

Re: Open Software License v2.1

2004-09-15 Thread Glenn Maynard
On Wed, Sep 15, 2004 at 09:06:18AM +0100, MJ Ray wrote: > The first is the case where you were licensed no patents to use the > software. Hopefully this will be the most common case, as free > software developers reject software patents. If only the patent > licence terminates, including the sof

Re: most liberal license

2004-09-15 Thread Don Armstrong
[I think we may be saying the same thing here, but I thought some clarification was necessary.] On Wed, 15 Sep 2004, Glenn Maynard wrote: > You can never take someone else's work, place restrictions on it and > sell it. You can if the license allows it. > if a work is in the public domain, nobod

Re: Real names in a football game

2004-09-15 Thread Jacobo Tarrio
O Martes, 14 de Setembro de 2004 ás 22:18:46 +0200, Isaac Clerencia escribía: > I think this can be illegal (also team names?). Yes, it falls under trade mark protection laws. Since team names and logos, and players' names are big assets for their teams and national leagues (put Beckam's name in

Re: Real names in a football game

2004-09-15 Thread Isaac Clerencia
On Wednesday 15 September 2004 11:56, Jacobo Tarrio wrote: > O Martes, 14 de Setembro de 2004 ás 22:18:46 +0200, Isaac Clerencia escribía: > I'd remove the names (i.e. change them to other, innocuous names) even > without asking as I know the answer beforehand. I've uploaded a new package without

Re: Open Software License v2.1

2004-09-15 Thread MJ Ray
On 2004-09-15 09:31:43 +0100 Glenn Maynard <[EMAIL PROTECTED]> wrote: On Wed, Sep 15, 2004 at 09:06:18AM +0100, MJ Ray wrote: The first is the case where you were licensed no patents to use the software. [...] (This much doesn't seem too convincing.) Oh well, it seems a forseeable reasonably

Re: Open Software License v2.1

2004-09-15 Thread Michael Poole
Andrew Suffield writes: > Long-standing conclusions, summarised: > > Terminating licenses (copyright, patent, trademark, dog-humping, or > whatever else might interfere with distribution/modification/use) for > any reason other than non-compliance is a bit of legal insanity to get > contract-like

Re: Open Software License v2.1

2004-09-15 Thread Michael Poole
Bernhard R. Link writes: > * Michael Poole <[EMAIL PROTECTED]> [040915 15:00]: > > On the other hand, I always thought free software was about protecting > > users, not patent litigants who are supposed to already have working > > forms of the patented invention. > > > What about people selling

Re: Open Software License v2.1

2004-09-15 Thread Raul Miller
On Wed, Sep 15, 2004 at 05:42:45PM +0200, Bernhard R. Link wrote: > If a software discriminates against people wanting to sell or even > only those selling free software as binary-only, it is also non-free. If by "discriminates against" you mean "prevents distribution by", then you are correct. I

Re: Open Software License v2.1

2004-09-15 Thread Brian Thomas Sniffen
Glenn Maynard <[EMAIL PROTECTED]> writes: > On Wed, Sep 15, 2004 at 12:01:15AM -0400, Brian Thomas Sniffen wrote: >> Consider a copyright-only case: Alice and Bob each release some >> software under a copyleft, with a clause mentioning that any lawsuit >> claiming copyright infringement on the wor

Re: most liberal license

2004-09-15 Thread Harald Geyer
> > * Even worse, you are required to include the permission notice, thus > > it is half way towards copyleft. (I.e. it doesn't affect other > > software, but still you can't sell it in a proprietary way.) > > You can take MIT-licensed software and sell it to people without providing > source,

Re: most liberal license

2004-09-15 Thread Harald Geyer
Hi! > > Ideally I would put my software in the public domain, but I've been told, > > that this isn't possible in all jurisdictions (I don't even know about > > my own), so I thought to circumwent this by licensing it to give the > > same rights *as* public domain. > Has been proposed, but since P

Re: Open Software License v2.1

2004-09-15 Thread Michael Poole
Brian Thomas Sniffen writes: > Glenn Maynard <[EMAIL PROTECTED]> writes: > > > This isn't claiming that the works of Alice or Bob are infringing > > copyright; it's claiming that Charlie is infringing copyright. > > Neither Alice nor Bob face license termination for each other's > > work for suin

Re: Open Software License v2.1

2004-09-15 Thread Ken Arromdee
On Wed, 15 Sep 2004, Matthew Garrett wrote: > > An elementary point of Free Software is to protect the rights of the > > users, not excluding "bad" ones. (Or will GPL3 have a section > > termination the licence if you breach any FSF copyright?) > > forfeits the right to distribute the code at all"

Re: most liberal license

2004-09-15 Thread Joachim Breitner
Hi, Harald Geyer wrote: If you are right then I need to reword the license such that the user can choose which jurisdictions concept of public domain he likes to use. Would that still be a valid license? I have to fold on that one; I'm not an experience d-legal'er. But I hope someone else can a

Re: Open Software License v2.1

2004-09-15 Thread Brian Thomas Sniffen
Michael Poole <[EMAIL PROTECTED]> writes: > Brian Thomas Sniffen writes: > >> Glenn Maynard <[EMAIL PROTECTED]> writes: >> >> > This isn't claiming that the works of Alice or Bob are infringing >> > copyright; it's claiming that Charlie is infringing copyright. >> > Neither Alice nor Bob face lic

Re: Open Software License v2.1

2004-09-15 Thread Michael Poole
Brian Thomas Sniffen writes: > > A) If "you" are Alice and sue Charlie for patent infringement, and he > >has complied with your open patent license, he can use that license > >as a defense. > > You left out the interesting case -- Alice sues Charlie for patent > infringement, and he has

Re: GPL Compatibility of IFRIT License

2004-09-15 Thread deejoe
Last month, Mark Hymers wrote: >I'm currently working on packaging IFRIT (a piece of data visualization >software which uses VTK and QT). I've been auditing all of the source >files to check their licenses before I finish off the packaging and >apart from a couple of small issues (small files not

Re: Open Software License v2.1

2004-09-15 Thread Glenn Maynard
On Wed, Sep 15, 2004 at 01:12:06PM -0400, Brian Thomas Sniffen wrote: > But that's where patents differ from copyright -- they have no concept > of derivative works, only of protected methods. So if you sue > claiming that the implementation in Charlie's is bad, you're also > claiming the implemen

Re: GPL Compatibility of IFRIT License

2004-09-15 Thread Mark Hymers
On Wed, 15, Sep, 2004 at 03:23:39PM -0500, [EMAIL PROTECTED] spoke thus.. > upstream claims to be releasing it under the GPL or the QPL, but > with a blatantly GPL-incompatible proviso against generating any > income with the software: > >IFRIT is distributed under the terms of GNU Public Lice

Re: GPL Compatibility of IFRIT License

2004-09-15 Thread Mark Hymers
On Wed, 15, Sep, 2004 at 09:54:24PM +0100, Mark Hymers spoke thus.. > I'll take this up with upstream immediately and report back to > debian-legal. Thanks for spotting this. Upstream has (very promptly, I must say) removed the clause from the website. Hope that solves all the problems with the

Re: Open Software License v2.1

2004-09-15 Thread Andrew Suffield
On Wed, Sep 15, 2004 at 09:00:39AM -0400, Michael Poole wrote: > Andrew Suffield writes: > > > Long-standing conclusions, summarised: > > > > Terminating licenses (copyright, patent, trademark, dog-humping, or > > whatever else might interfere with distribution/modification/use) for > > any reaso

Re: Open Software License v2.1

2004-09-15 Thread Michael Poole
Andrew Suffield writes: > On Wed, Sep 15, 2004 at 09:00:39AM -0400, Michael Poole wrote: > > Andrew Suffield writes: > > > > > Long-standing conclusions, summarised: > > > > > > Terminating licenses (copyright, patent, trademark, dog-humping, or > > > whatever else might interfere with distribut

Re: Patent clauses in licenses

2004-09-15 Thread MJ Ray
On 2004-09-14 23:38:26 +0100 Michael Poole <[EMAIL PROTECTED]> wrote: MJ Ray writes: The OSI lists no licences as "free". While pedantically true, I claim this is irrelevant on the basis of the similarity between the Open Source Definition and the DFSG. The only significant difference is that

Re: Open Software License v2.1

2004-09-15 Thread Glenn Maynard
On Wed, Sep 15, 2004 at 01:20:10PM +0100, Andrew Suffield wrote: > Anything that requires a contract-like construct, rather than a simple > license, is probably non-free. DFSG-free licenses give things to the > licensee, not to the copyright holder. They are not a trade (although > the grant of per

Re: most liberal license

2004-09-15 Thread Lewis Jardine
Harald Geyer wrote: there are some things I dislike about the MIT-License: * It is an enumerate style license, which means that - you might forget something - it is water on the mills of those who write wired legal text saying you might do everything, but afterwards try to define what

Re: Debian Hardened project (question about use of the "Debian" trademark)

2004-09-15 Thread Lorenzo Hernandez Garcia-Hierro
Hi, El mié, 15-09-2004 a las 09:35, Sven Luther escribió: > On Tue, Sep 14, 2004 at 04:40:53PM +0100, Martin Michlmayr wrote: > > * Lorenzo Hernandez Garcia-Hierro <[EMAIL PROTECTED]> [2004-09-08 16:26]: > > > I want to know if i can use the trademark "Debian" on the name of a > > > project that i

Re: Open Software License v2.1

2004-09-15 Thread Bernhard R. Link
* Michael Poole <[EMAIL PROTECTED]> [040915 15:00]: > On the other hand, I always thought free software was about protecting > users, not patent litigants who are supposed to already have working > forms of the patented invention. What about people selling non-free software, builders of nuclear b

Re: Open Software License v2.1

2004-09-15 Thread Bernhard R. Link
* Michael Poole <[EMAIL PROTECTED]> [040915 17:12]: > (Your choice whether that describes you or an item you omitted. If > you want to make a serious attempt to apply DFSG #5 or #6 to patent > termination, I'm listening, but please craft your argument so that it > does not classify the GPL as non-

Re: Open Software License v2.1

2004-09-15 Thread Michael Poole
Bernhard R. Link writes: > * Michael Poole <[EMAIL PROTECTED]> [040915 17:12]: > > (Your choice whether that describes you or an item you omitted. If > > you want to make a serious attempt to apply DFSG #5 or #6 to patent > > termination, I'm listening, but please craft your argument so that it >

Re: Open Software License v2.1

2004-09-15 Thread Matthew Garrett
Bernhard R. Link <[EMAIL PROTECTED]> wrote: > An elementary point of Free Software is to protect the rights of the > users, not excluding "bad" ones. (Or will GPL3 have a section > termination the licence if you breach any FSF copyright?) RMS is quoted as saying "Misusing a GPL-covered program pe

Re: most liberal license

2004-09-15 Thread Brian Thomas Sniffen
Harald Geyer <[EMAIL PROTECTED]> writes: >> > * Even worse, you are required to include the permission notice, thus >> > it is half way towards copyleft. (I.e. it doesn't affect other >> > software, but still you can't sell it in a proprietary way.) >> >> You can take MIT-licensed software an

Re: most liberal license

2004-09-15 Thread Glenn Maynard
On Wed, Sep 15, 2004 at 09:32:27AM +0200, Harald Geyer wrote: > [ Please keep me on cc as I'm not subscribed ] Please set your Mail-Followup-To mail header. > * Even worse, you are required to include the permission notice, thus > it is half way towards copyleft. (I.e. it doesn't affect other >

Re: most liberal license

2004-09-15 Thread Joachim Breitner
Hi, Harald Geyer wrote: Yes, I know the MIT-License and it is the option if there are any objections against my draft. However there are some things I dislike about the MIT-License: * You are forced to include the original copyright notice, in whatever "substantial portions of the Software"

Re: Real names in a football game

2004-09-15 Thread Edmund GRIMLEY EVANS
David Schleef <[EMAIL PROTECTED]>: > Names of people are (curiously) less protected. It's probably > defendable to use players' names in a game, but (at least in the > US) it would likely attract annoying lawyers, too. I wouldn't > recommend it. But then, I morally feel celebrities deserve the

Re: Debian and Mozilla Trademarks

2004-09-15 Thread Rob Weir
On Thu, Sep 09, 2004 at 01:42:03AM -0700, tom said > Maybe I should know much about buld_deb packaging, but from what I can > read from mozilla [0], dealing with logos and trademark are allowed if > there is no change in the code. Building a .deb is a change of the > code, or is just an adaptation

Re: Open Software License v2.1

2004-09-15 Thread Andrew Suffield
On Tue, Sep 14, 2004 at 06:59:29PM -0400, Glenn Maynard wrote: > On Tue, Sep 14, 2004 at 10:53:55PM +0100, Andrew Suffield wrote: > > This whole "consensus" nonsense is just an excuse to discard any > > argument without responding to it. Note how it is only ever advanced > > by people who want to d

Re: Open Software License v2.1

2004-09-15 Thread Andrew Suffield
On Tue, Sep 14, 2004 at 08:14:40PM -0700, Josh Triplett wrote: > Furthermore, if you *sue claiming that the work infringes your patent*, > I see absolutely no reason why you should have any rights to the work, > since you are trying to eliminate the rights of others to the work. I > can understand

Re: Open Software License v2.1

2004-09-15 Thread Andrew Suffield
On Tue, Sep 14, 2004 at 08:20:02PM -0700, Josh Triplett wrote: > I'm not sure that this clause necessarily passes the DFSG, but it's clear > that the OSI has made a good and, in my opinion, successful effort to > clean > it up. It's neither fair nor correct to say that nothing has

Re: Open Software License v2.1

2004-09-15 Thread Michael Poole
Brian Thomas Sniffen writes: > No, you did that when you invented it and filed for a patent. It's > *already* your own proprietary software, and you're going to the > courts to get that enforced. > > Consider a copyright-only case: Alice and Bob each release some > software under a copyleft, wit