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Re: Unlicensed files



On Tue, 2014-05-27 at 09:38 +0200, Leopold Palomo-Avellaneda wrote:
> A Dimarts, 27 de maig de 2014, Tobias Frost va escriure:
> > On Tue, 2014-05-27 at 08:08 +0200, Leopold Palomo-Avellaneda wrote:
> > > Hi,
> > > 
> > > I'm making a package and I have two files (scripts) that have no license. 
> I 
> > > have asked to upstream and his answer was that that files are unlicensed.
> > > 
> > > As I have a bug because partially mentions that files, what should I write 
> in 
> > > the copyright file?
> > 
> > Well, if they are really "unclicenesed" they are undistributeable, so
> > you cannot have them in the package at all. Not even in non-free.
> > This is as copyright law defaults to "all rights reserved" in most
> > countries, and "all" includes distribution as well etc. 
> > 
> > Maybe upstream just meant "same license as the remaining files"?
> 
> no ...
> 
> > Or they just not aware that an unlicensed file causes trouble?
> 
> probably.
> 
> I have bug [1] and therefore I asked to upstream about this files. Hi kindly 
> reported me the licenses, but I have some files (for instance javascripts 
> gen_validatorv31.js) that I have not found any information about the license. 

Actually you can find it by just following the URL given in the
gen_validatorv31.js file itself. (Granted, this link points to the right
homepage, but to a newer version of the file. However with the help of
archive.org you can find the version "31" and actually the license terms
did not change since then: 
https://web.archive.org/web/20081230025946/http://www.javascript-coder.com/html-form/javascript-form-validation.phtml https://web.archive.org/web/20081230025946/http://www.javascript-coder.com/html-form/javascript_form.zip

Unfortunatly neigther the license in the file nor the EULA* file in the
zip file grants you explictily the rights for distribution. So I fear
you cannot.
(Additionally -- but this does not really matter without the right for
distribution -- the file is not dfsg-free, as e.g commercial use is
prohibited)

> Also, in the test directory, not in any deb file, I have two shell script with 
> no license in the header, and I have just a sentence in a private mail from 
> upstream.

What does that sentence tell? Was this the "not licensesd" answer you
referred to earlier? 
(Well IMHO as the main directory has a LICENSE file telling of a
3-clause-BSD license for the whole thing, I would expect that this shell
scripts are covered by this licenses without explicitly having a header
in it. Of course having a license header is always clearer/preferred,
but at least its a base IMHO you can safely assume that licensing is ok)

> So, I understand that as we redistribute the sources, we have the same 
> restrictions, no?

Generally, you have to follow the license. Especially you cannot
distribute files where you don't have the rights for.

> May I think to repackage the sources to follow dfsg rules?

As far as I see thats the only possibility. (Other option would be that
the license of that file to be changed -- but that's probably out of
scope)

> Regards,
> 
> Leopold
> 
> 
> [1] https://bugs.debian.org/cgi-bin/bugreport.cgi?bug=741603
> 
> 
> -- 
> --
> Linux User 152692
> Catalonia
-- 
Tobi 

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