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Re: hp2pbm_2.0-1_i386.changes REJECTED



Greetings!  I've put together a package of hp2pbm, and, after
consulting with the author, have received his permission to license it
under the GPL.  Unfortunately, I believe the wording I proposed to
him, and to which he has agreed, can be somewhat misinterpreted.  I'd
like the consensus of opinion on this list as to what revised wording
would be clear and acceptable to Debian, so that I won't have to keep
bothering him.

The gist of the author's position is this: if the software is to be
incorporated into a major, commercial, closed-source product earning
significant per-copy license charges, the author would like some
compensation.  Otherwise, as far as he is concerned, the user can use
his code as they see fit.  After some discussion, we both agreed that
releasing the code under the GPL would not violate this goal, as the
viral nature of the GPL *effectively* eliminates the possibility for
companies to charge significant license fees on GPL'ed software.
(i.e. any user purchasing such software could, having access to the
source, redistribute at no charge should they so desire.  It takes
only one such user to circumvent such a license fee structure.)

Again, unfortunately, the wording I proposed could be interpreted to
mean that the author only wishes Debian, and not those receiving
software distributed by Debian, to have access to the code under the
GPL.  To my understanding, this is not what the author intended.
Please see a sample of our discussion below.

To my understanding, the author is looking for *something* like qt's
license, in some respects, which is, AFAIK, DFSG free.  In other
words, (for the purposes of this discussion), qt is free software.  If
you want to use it in a non-free fashion, approach the authors for a
separate license.  Authors can after all license software freely to
all, and commercially to a few for a fee.

I would be most appreciative if those knowledgeable on this list could
suggest a succinct paragraph, as close as possible to the spirit of
our prior discussion, and DFSG compliant, which I could then propose
to the author for the hopefully final time.

Thanks for your contributions to Debian!

=============================================================================
From: clewis@ferret.ocunix.on.ca (Chris Lewis)
Subject: Re: hp2pbm
To: Camm Maguire <camm@enhanced.com>
Date: Fri, 28 Apr 2000 01:03:08 -0400
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In-Reply-To: Camm Maguire <camm@enhanced.com>
       "hp2pbm" (Apr 26, 16:58)
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My license is deliberately GPL-ish in intent, but is not the GPL
itself because the GPL is usually misunderstood, and I don't like
parts of it.

My license is intended to prevent commercial entities from
profiting off it as a standalone product or a major part of
something else ... unless they talk to me first.

When someone wants to do something major we work something out.  I got
a laser printer out of psroff (when SGI wanted to make it a part
of their base OS's printing services facility - it would have
been a fully loaded Indigo Elan, but Adobe caved in when they
realized that SGI wasn't going to pay them $1000/copy for
Transcript.  Sigh.), and I got a dinner out of someone who wanted to
bundle hp2pbm as a critical component of a fairly expensive FAX package.

If it's merely going to be a part of a GPL style distribution with
a modest media charge, I have no problems with your/their redistributing
it.  This is because I consider the GPL to be more restrictive than
my license, and hp2pbm would be a trivial component of Debian.

Tho, a copy of the CD would be nice ;-)

Let me know what version you have.

-- 
Chris Lewis, CyberSheriff (CBC says I am, so it must be true!)
It's not just anyone who has a Starship cruiser class named after them!
For more information on spam, see http://spam.abuse.net/spam


=============================================================================
The current copyright file in the package.
=============================================================================
This package was debianized by Camm Maguire <camm@enhanced.com> on
Wed, 12 Apr 2000 16:49:27 -0400.

It was downloaded from ftp://alpha.greenie.net/pub/mgetty/tools/

Upstream Author(s): 	Chris Lewis
			Box 124
			Dunrobin, Ontario
			Canada K0A 1T0
			(613) 832-0541


Copyright:

	hp2pbm is specially licensed to the Debian project under the terms of
	the GPL.  Commercial entities wishing to license hp2pbm under
	different terms must receive separate permission from the author.

=============================================================================
From: clewis@ferret.ocunix.on.ca (Chris Lewis)
Subject: Re: [Camm Maguire <camm@enhanced.com>] Re: hp2pbm
To: Camm Maguire <camm@enhanced.com>
Date: Fri, 5 May 2000 23:42:09 -0400
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       "[Camm Maguire <camm@enhanced.com>] Re: hp2pbm" (May  3, 22:29)
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On May 3, 22:29, Camm Maguire wrote:
} Subject: [Camm Maguire <camm@enhanced.com>] Re: hp2pbm
} --Multipart_Wed_May__3_22:29:46_2000-1
} Content-Type: text/plain; charset=US-ASCII
} 
} Greetings!  This is just a followup in case my last message (below)
} did not reach you.  I would greatly appreciate your thoughts on the
} proper license wording to include in the Debian package.

The licensing wording is fine.

Thanks.
 
} Take care,
} 
} 
} --Multipart_Wed_May__3_22:29:46_2000-1
} Content-Type: message/rfc822
} 
} To: clewis@ferret.ocunix.on.ca (Chris Lewis)
} cc: camm@enhanced.com
} Subject: Re: hp2pbm
} References: <m12l2vl-00003kC@ferret.ocunix.on.ca>
} Mime-Version: 1.0 (generated by tm-edit 7.106)
} Content-Type: text/plain; charset=US-ASCII
} From: Camm Maguire <camm@enhanced.com>
} Date: 28 Apr 2000 09:42:34 -0400
} Message-ID: <54ln1y5ol1.fsf@intech19.enhanced.com>
} 
} Greetings, and thank you so much for your reply!
} 
} clewis@ferret.ocunix.on.ca (Chris Lewis) writes:
} 
} > If it's merely going to be a part of a GPL style distribution with
} > a modest media charge, I have no problems with your/their redistributing
} > it.  This is because I consider the GPL to be more restrictive than
} > my license, and hp2pbm would be a trivial component of Debian.
} > 
} 
} So would the following statement accurately summarize the above?
} 
} "hp2pbm is specially licensed to the Debian project under the terms of
} the GPL.  Commercial entities wishing to license hp2pbm under
} different terms must receive separate permission from the author."
} 
} This is because, as you say, the GPL is more restrictive than your
} license, and that therefore your rights to a portion of any commercial
} profits of the code are not forfeited by allowing Debian to distribute
} under the GPL.
} 
} [snip]
} 
} Take care,
} 
} > -- 
} > Chris Lewis, CyberSheriff (CBC says I am, so it must be true!)
} > It's not just anyone who has a Starship cruiser class named after them!
} > For more information on spam, see http://spam.abuse.net/spam
} 
} -- 
} Camm Maguire			     			camm@enhanced.com
} ==========================================================================
} "The earth is but one country, and mankind its citizens."  --  Baha'u'llah
} 
} 
} --Multipart_Wed_May__3_22:29:46_2000-1--
}-- End of excerpt from Camm Maguire



-- 
Chris Lewis, CyberSheriff (CBC says I am, so it must be true!)
It's not just anyone who has a Starship cruiser class named after them!
For more information on spam, see http://spam.abuse.net/spam

=============================================================================
package evaluator's response:
=============================================================================
James Troup <troup@debian.org> writes:

> Hi,
> 
> >From the copyright:
> 
>    hp2pbm is specially licensed to the Debian project under the terms of
>    the GPL.  Commercial entities wishing to license hp2pbm under
>    different terms must receive separate permission from the author.
> 
> Sorry, this fails point 8 of the DFSG.  If you disagree with this
> analysis, please take it up on debian-legal@lists.debian.org (quoting
> the entire copyright file).
> 
> -- 
> James
> 
> If you don't understand why your files were rejected, or if the
> override file requires editing, reply to this email.
> 
> Your rejected files are in incoming/REJECT/.  (Some may also be in
> incoming/ if your .changes file was unparsable.)  If only some of the
> files need to repaired, you may move any good files back to incoming/.
> Please remove any bad files from incoming/REJECT/.
> 
> 
=============================================================================
-- 
Camm Maguire			     			camm@enhanced.com
==========================================================================
"The earth is but one country, and mankind its citizens."  --  Baha'u'llah



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