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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> Hello Manoj and everyone,

 >> I think it is  a bad decision to stop shipping the FSSTND in main.

 Marcus> Wasn't it your suggestion to make "main" as modificable as
 Marcus> possible? Or do you mean "Debian" here instead main?

	Yes, I mean Debian.

 >> I can write a standard that kinda does the same as the FSSTND,
 >> as long as I don't quote verbatim. Same thing. Licenses and
 >> standards are exactly the same.

 Marcus> This is not true. Stand-alone license documents are exactly
 Marcus> the same as other data entities, but licenses are not written
 Marcus> for this purpose, they are always written to *apply* to a
 Marcus> certain software or other work.

	No more so than standards. The GPL standas alone. Software
 authors can choose to use the GPL as the license under which to
 distribute their software.

	Standards stand alone. Software authors can choose to
 adopt/follow the standard in their code.

	I see very little difference at all.
 

 Marcus> You say above "We can say that an immutable document, bundled
 Marcus> with software, does not prevent the inclusion of the software
 Marcus> in main." This makes sense. However, what are you trying to
 Marcus> discuss here then? We only ship licenses bundled with the
 Marcus> software, this is the whole purpose of licenses. We are not
 Marcus> in the business creating a legal repository.

	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). 

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

 Marcus> Removing the license from the software would be illegal, so
 Marcus> we can't do it (and I wouldn't want to do it).

	Then we are already breaking the law. Find out how many
 packages actually contain a copy of the GPL first, before making
 statements like this. 

 Marcus> So, we have to ship the license with the software in the main
 Marcus> distribution.

	Therefore, this statement is also incorrect. We can too put
 the GPL in verbatim.

 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.

	I think this discussion is not what is non-sense; the
 arguments you have presented so far may qualify ;-)

 Marcus> This makes me wondering what you are trying to
 Marcus> argue. Licenses are at least not a valid reason to warrant a
 Marcus> "verbatim" section.

	Actually, in light f the truth, they are. 

 >> No, the license and standrds are not distinct, at least under
 >> the laws of the united states.

 Marcus> You are speaking about stand-alone licenses.

	Umm, aren't all licenses stand alone? This makes no sense.

 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> License documents are not the data entities we are talking
 Marcus> here about, they are "meta" in the sense that the spoeak
 Marcus> about the date.

	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.

	I see little difference between a standard and a license. 

 Marcus> We can't ship the data without the license, and furthermore
 Marcus> the license is the only thing that grants us our freedom.

	Yes, we need shipt the license. But it can be in the verbatim
 section. No one tells us where in the file system or on the archive
 we have to put the license.

 Marcus> We can't strip the license from the software, so either we
 Marcus> have to drop the Debian project or break the law.

	We do indeed strip it, so in your intrerpretation we are
 breaking the law, or the Debian is dead. Heh.

__> egrep GPL /var/lib/dpkg/info/*.list
/var/lib/dpkg/info/base-files.list:/usr/doc/copyright/GPL
/var/lib/dpkg/info/base-files.list:/usr/doc/copyright/LGPL
/var/lib/dpkg/info/smalleiffel.list:/usr/lib/smalleiffel/misc/header.GPL
/var/lib/dpkg/info/xosview.list:/usr/doc/xosview/COPYING.GPL.gz


	So, we only have 2 packages under the GPL that are not
 breaking the law? 

 Marcus> I'm not in favour for any of these, but I suggest we leave
 Marcus> the licenses in the software and in main were it belongs.
 Marcus> Our freedom to modificate the original source is restricted:

	We do not ship the licenses with the software, so this is nonsense.

 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? No, why should we ship license documents
 Marcus> seperately from the software?

	I love this. I can now repeat all your arguments about
 standards here. Do I have to? I shall, if you want. Licenses can also
 be under rename-if-modified clause which shall allow people the
 freedom to innnovate. And all the other arguments (I can trudge
 through the archive and come up with them).

	You have failed to show that licenses are any different from
 standards, so far. 

	I think I object to treating them differently. Hypocrisy is
 somehting I abhor.

	manoj
-- 
 You can create your own opportunities this week.  Blackmail a senior
 executive.
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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