Re: Advice needed for licensing in modus-themes
On 2021-09-14, 04:43 +0000, Dhavan V <quark@codingquark.com> wrote:
> I maintain modus-themes[1] for Emacs team. In the process of upgrading
> to upstream version, I have come across
> license-problem-gfdl-invariants[2] in ~doc/modus-themes.info~ [3].
>
> I do not understand legality of the matter fully and seek advice as to
> how this can be easily handled. I am also including Protesilaos
> (upstream) to have a conversation with everyone included.
>
> I think it will be of great help if debian-legal could explain the case
> and possible solutions to Emacs team as well as upstream.
>
> Thanks!
>
> [1]: https://salsa.debian.org/emacsen-team/modus-themes
> [2]: https://wiki.debian.org/qa.debian.org/gfdlinvariant
Thank you Dhavan for maintaining the modus-themes for Debian and for
contacting me about this issue!
For context that may help the debian-legal team:
The Modus themes have been part of Emacs (Emacs28) for about a year now.
Basically after Dhavan had created the modus-themes package for Debian.
As such, I had to update the note that goes with my themes' license (GNU
Free Documentation License) to include front-cover and back-cover texts.
This is the same for other manuals in emacs.git inside the /doc/misc/
directory where the license of the modus-themes is found.
The current text reads as follows:
Copyright (C) 2020-2021 Free Software Foundation, Inc.
Permission is granted to copy, distribute and/or modify this document
under the terms of the GNU Free Documentation License, Version 1.3 or
any later version published by the Free Software Foundation; with no
Invariant Sections, with the Front-Cover Texts being “A GNU Manual,” and
with the Back-Cover Texts as in (a) below. A copy of the license is
included in the section entitled “GNU Free Documentation License.”
(a) The FSF’s Back-Cover Text is: “You have the freedom to copy and
modify this GNU manual.”
There are no invariant sections, which would pose a clear constraint.
As for the Front- and Back- Cover texts, my understanding is that Debian
does not consider those free because the project cannot patch them
either, correct?
Perhaps what needs to be determined is whether Front- and Back- Cover
Texts are considered "invariant" as well. If, in other words, they are
unmodifiable. By reading the license, my understanding is that Debian
can add further text but maybe not modify those specific words that the
license mandates.
I highlight this point from "3. COPYING IN QUANTITY" of the GNU Free
Documentation License:
If you publish printed copies (or copies in media that commonly have
printed covers) of the Document, numbering more than 100, and the
Document's license notice requires Cover Texts, you must enclose the
copies in covers that carry, clearly and legibly, all these Cover
Texts: Front-Cover Texts on the front cover, and Back-Cover Texts on
the back cover. Both covers must also clearly and legibly identify
you as the publisher of these copies. The front cover must present
the full title with all words of the title equally prominent and
visible.
And the sentences that follow right after:
You may add other material on the covers in addition. Copying with
changes limited to the covers, as long as they preserve the title of
the Document and satisfy these conditions, can be treated as verbatim
copying in other respects.
So we have this:
+ Debian can add more words to the covers. So they are not "invariant",
strictly speaking. Though it is not clear whether the wording
mandated by the license is editable as well, namely, the Front-Cover
"A GNU Manual" and the Back-Cover "You have the freedom to copy and
modify this GNU manual."
+ Does Debian print those manuals? Will it potentially print them? If
so, it needs to add the cover texts, without prejudice to the
aforementioned. If not, then I see no immediate problem.
Given that the themes are shipped with Emacs, I cannot edit the license
to remove the Front- and Back- Cover texts. Otherwise I would have done
it already.
Thank you for your time and cooperation!
All the best,
Protesilaos (or simply "Prot")
--
Protesilaos Stavrou
https://protesilaos.com
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