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Re: Why licenses don't need to be free (was: Re: Why licenses *are* free)



Hi,
>>"Marcus" == Marcus Brinkmann <Marcus.Brinkmann@ruhr-uni-bochum.de> writes:

 Marcus> Base-files contains the GPL for the whole distribution for
 Marcus> practical reasons. It can't be removed from main without
 Marcus> breaking law.

	Rubbish. It can just as easily be moved to verbatim, and no
 law is broken. 

 >> We do not ship the GPL bundled with software. The licenses 
 >> /usr/doc/copyright/{Artistic,BSD,GPL,LGPL} are shipped sepatrately,
 >> in one *ONE* package, namely, base-files (the package is in no way
 >> under all those licenses). 

 Marcus> base-files is essential. This is only for practical
 Marcus> reasons. The spirit is there, and we ship the GPL iqn the
 Marcus> Debian MAIN distribution because this is required by
 Marcus> copyright law.
 
	Nope. All that copyright law requires os that the copyright be
 part of Debian. Not that it be included in a particular section of
 the distribution (if the copyright law talks about Debian sections, I
 shall be intereseted in knwoing about it)

 >> We do not ship licenses bundled in with software. Repeat after
 >> me: We do not ship licenses bundled in with software.

 Marcus> We do. The spirit is there. The difference is only a technical.
 
 Marcus> So, we have to ship the license with the software in the main
 Marcus> distribution.

	That des not follow. It should be in debian, yes, but not
 necesarily in main.
 
>> 
 >> Therefore, this statement is also incorrect. We can too put
 >> the GPL in verbatim.

 Marcus> But we can't remove it from main, and this is my point you
 Marcus> choose to ignore.

	We can too remove it from main and put it in verbatim. You
 choose to ignore this fact too. 
 
 Marcus> We don't have a stand-alone GPL package, so this whole
 Marcus> discussion is non-sense.
 >> 
 >> Yes, and no. The apckage also contqains other files, including
 >> other licenses. But is does not contain any executable that I can see
 >> offhand.

 Marcus> So what? Removing the base-files package from main would
 Marcus> still be illegal. 

	Rubbish. Removing it from the distribution would be
 illegal. The sections have no legal meaning. 
 
 >> I think this discussion is not what is non-sense; the
 >> arguments you have presented so far may qualify ;-)

 Marcus> Is it your only intention to be clever or are you actually
 Marcus> trying to be productive in this discussion?

	I try pretty hard. 

 Marcus> You are speaking about stand-alone licenses.
 >> Umm, aren't all licenses stand alone? This makes no sense.

 Marcus> No they are not. They apply to the work they copyright.

	The GPL, by itself does not copyright anything. Various people
 have appled the GPL to their code. The realtionship goes the other
 way. The GPL is stand alone. The software is not.
 
 Marcus> We have to consider solely licenses that are applied to
 Marcus> software and data entities.
 >> 
 >> Yes, true. Like the GPL, artistic, BSD, etc, which we ship
 >> stand alone. 

 Marcus> No, we do not. Stand alone means we could remove them. We
 Marcus> can't remove them without being illegal.
 
	Stand alone means we can ship the GPL alone. With nothing else
 on the gloppy, I can ship the GPL. It stands alone. 

	Now, the software is what we can't ship, so the software is
 not stand alone. 

	This is a critical distinction. 

 >> No more so than standards. The RFC on SMTO doies not itself
 >> implement an smtp service, or indeed, talk about internals of a smtp
 >> server. It is a meta docuent that talks about the interface.

 Marcus> We can choose not to ship a standard, but we can only choose
 Marcus> to not ship a copyright if we ship nothing else, too. The
 Marcus> copyright is the only thing that grants us redistribution.

	Correct. The copyright, however, is stand alone.  

 >> I see little difference between a standard and a license. 

 Marcus> This is your problem. Sorry, I have tried to make it
 Marcus> understandable for you.  If you still can't see the
 Marcus> difference, I can't help you.

	So, if you can't prove something, the instructor is at fault?
 Sorry. If you can't stand behind your arguments, it is *YOUR*
 problem.  You put up 3 reasons why licenses are diffrent. One was
 debatable, two others were plain wrong (as yuou admitted
 yourself). And now you have the gall to say you proced it? Since when
 do invalid points prove an argument? 

 Marcus> Is this bad? No. Has this any influence on our work? No. Does
 Marcus> it make sense to create an extra section for license
 Marcus> documents? 
 >> 
 >> I love this. I can now repeat all your arguments about
 >> standards here.

 Marcus> I take this that you are only discussing for the sake of
 Marcus> discussion. This makes sense, as your comments are failing to
 Marcus> be reasonable and are deliberately missing the point.

	Here goes. These are essentially your arguments. Lets see how
 you like them. 

	There is need for free licenses, as teh NPL and the AbiPL
 demonstrate. There is some discussion on whether the NPL is fully
 free. If they had been able to derive from the GPL, with a few
 additional clauses, this may have been less of an issue.

	My fear is that people shall be satisfied with less than free
  licenses, especially with the bad example the GPL has set.

	The GPL doesn't need to be under copyleft, just a sensible
copyright.  IMHO, the GPL should simply say 'Anyone may freely
distribute verbatim copies of this document, as well as derived works,
as long as any derived license clearly indicates its heritage, and
also indicates that it is unaffiliated with the GPL'.  Or something
like that.

 If you allow modifications or if you use your right to the full
 extend. The following has to be kept in mind: ----- With the
 name-changing-clause, there will EVER be only ONE version of a
 license, the official one. All derivations from it are renamed and
 therefore there is no additional confusion created.

	Ask yourself, 'Might I, or might one of our users, want to
 create a derived work?'

 One of the advantages of main, IMHO, is that I know I can create a
 dervied work from anything therein, without carefully reading the
 license.  I would not like to give up that right too easily...

 If Debian takes a stand on this, and stands for Free Content in
 general (which is really Free Software and all that goes with it), we
 could lead this movement.  But if we accept the assumption that
 licenses, or novels and other artwork need not be free, we may set it
 back considerably.

 If licenses can't be modified, how can they be improved?  I think
 there is gain in allowing licenses to be modified.  Modified
 licenses must be distributed with a prominent notice that this is not
 the original license and that the original license may be obtained
 from wherever.

 But isn't innovation important?  If I come up with a new modified
 license, and prominently plaster big warnings all over it that this
 isn't the original license, why shouldn't I be allowed to distribute
 it?  Why shouldn't I be allowed to distribute patches so that programs
 follow this new license?  What if my idea is a good one and the
 licenses author see it and incorporates it into the next license?
 
 Is innovation of licenses only allowed to come from the specified
 license authors temself?

	I don't see why it is *necessarily* a problem if
 annotated clearly, and if the derivation does not pose as the
 original in any way.
 
	Non free licenses can't be translated. That does hurt the
 non-english-speaking free-software community. One needs to know what
 one can do with software, but to a non-english speaker a license
 written in english is like no license at all. If its author doesn't
 allow translations, someone else has to write a new license from scratch.
 If everybody choose the "no-translation" terms that means the community
 needs different licenses for english, french, german, spanish, italian,
 japanese, chinese, ...

 Trust is one thing, honesty another. Silly changes to licenses will be
 followed by nobody, especially not by Debian.
 
 Taking precautions is one thing, making improvements impossible in the first
 place another.

 Including anything that is non-DFSG in main, means that people have to start
 checking licences, before playing with the source --- a Bad Thing IMHO.


distribution is a question of the copyright: free or non-free
   I'm always wondering why people are *afraid* that such a thing could
   happen. If the license writers do their job well, the free software
   community honours it and follows. And if the license requires a name
   change, people who distribute different versions under the same name are
   already violating the copyright (so the stricter license wouldn't stop them,
   too). I'm always wondering that people are afraid that a license could
   be subverted, but nobody is afraid that somebody releases a gcc that adds
   back-doors to all executables compiled with it. It is clear to me that
   people would only follow a derived license if it is significantly better,
   and then there is a problem with the license anyway.

(Actually, I *still* believe that there is a strong case for suggesting
that licenses should allow derived works, with an appropriate
name-change).

Maybe it helps to draw a parallel with software patents?  Many proponents
of free software, myself included, feel that their shouldn't be any kind
of IP over 'ideas' or 'algorithms'.  I find that, for me, *most*
license documents, technical or not, falls into this category.


let's not talking about compromises (and it is a compromise) before
all facts are on the table.

Great option. Imagine the free software would follow the same criterion. "If
you want to publish a variant C compiler, you can always rewrite gcc".

The whole point about the freeness is that we don't have to rewrite
everything if we want to reuse good parts of other things.

A license will ever be a license, regardless if there are also a few
renamed and changed derivations. If ever one of the derivated works becomes
more popular and known than the license itself, there must be something
wrong with the original license.

In the free community the people are leading who do the work. If the
license commitee does its work well, nobody will feel the need to derive
from the license.

In general, we can expect license documents to be very useful in this
way.  A policy that puts them off limits for modification is going to
cause a major problem.

I have a suggestion for how to achieve both goals.  This is to permit
modification of the document with the requirement that certain
non-technical sections (the ones that explain that it is a license)
are *deleted* from any modified version.  

I think we should add something to the social contract which
encourages 'free' licenses, and explains our rationale for including
non-free licenses, while indicating that we very much prefer free
ones (RMS's point about GNU C went right home for me.)

 Marcus> There are now many ways for authors to do this:

 Marcus> a) Require a name change.
 Marcus> b) Reuqire clear marks where the document has been changed.
 Marcus> c) Require original source with diff.
 Marcus> d) Require that a non-technical part is only shipped with the verbatim
 Marcus>    license (see below).

	Works for me.

 Marcus> If this mail sounds like I'm pissed off by your behaviour in this
 Marcus> discussion, take it for granted.

	Your being pissed of is your problem too.

	manoj

-- 
 "Life's a bitch, and life's got lots of sisters." Ross Presser
Manoj Srivastava  <srivasta@acm.org> <http://www.datasync.com/%7Esrivasta/>
Key C7261095 fingerprint = CB D9 F4 12 68 07 E4 05  CC 2D 27 12 1D F5 E8 6E


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