[Pkg-doc-linux-devel] (forw) Re: [vox-tech] [OT] The AFPL (was: some PDF problems: screen and print rendering do not match)

[doug jensen]

On Wed, Aug 11, 2004 at 01:35:16PM -0700, Rick Moen wrote:
> Hullo, Colin and Frank.  I hope you'll take this in the spirit intended.
> Summary:  If the Debian LDP Maintainers consider allegations about
> licensing on "http://www.debian.org/legal/" or
> "http://wiki.debian.net/index.cgi?DFSGLicences" to be binding upon them,
> then they have, I believe, erred:  Debian developers are supposed to
> _consult_ to debian-legal mailing list on licensing issues, but then
> must make up their own minds on DFSG-freeness questions (absent a GR,
> etc. to the contrary).
> 
> Accordingly, I hope you will consider Mr. Salzman's "Linux Gamers' HOWTO" 
> and his "Debian Jigdo HOWTO" on their merits, as (to the best of my
> ability to tell) it is categorically incorrect to state that "OSL has
> been declared non-free by Debian".  If _you_ decide that OSL is
> DFSG-nonfree in -=your=- view, that is a different matter, but you should
> then please state so to Mr. Salzman.
> 
> Thank you for your time, and I (as a longtime Debian sysadmin)
> appreciate your work.

Hi,

Rick, your email wasn't addressed to me, so I don't intend to form any
opinions, the following data is just informational.  Also, both Colin and
Frank have been quite actively preparing for the Debian release, so they
may need some extra time to respond.

The "Debian Jigdo mini-HOWTO" and "The Linux Gamers' HOWTO" are both
licenced under version 1.1 of OSL, most of the recent discussion on
debian-legal has concerned OSL version 2.0.

These links do relate to OSL version 1.1:
http://lists.debian.org/debian-legal/2003/07/msg00245.html and
http://lists.debian.org/debian-legal/2003/07/msg00257.html

Also, the patent clause has received some attention, and that clause was
changed in OSL version 2.0, so I am including both here for reference.

The Open Software License v. 1.1 in Debian doc-linux package at:
http://svn.debian.org/viewcvs/pkg-doc-linux/trunk/doc-linux/debian/copyrights/non-free/OSL-1.1

10) Mutual Termination for Patent Action.
This License shall terminate automatically and You may no longer exercise
any of the rights granted to You by this License if You file a lawsuit in
any court alleging that any OSI Certified open source software that is
licensed under any license containing this "Mutual Termination for Patent
Action" clause infringes any patent claims that are essential to use that
software.

Open Software License v. 2.1 from:
http://www.opensource.org/licenses/osl-2.1.php
10) Termination for Patent Action.
This License shall terminate automatically and You may no longer exercise
any of the rights granted to You by this License as of the date You
commence an action, including a cross-claim or counterclaim, against
Licensor or any licensee alleging that the Original Work infringes a
patent.  This termination provision shall not apply for an action alleging
patent infringement by combinations of the Original Work with other
software or hardware.

Lastly, I will add one opinion, the patent system in the U.S. is not
working like it was originally intented.  I think it is harmful to
innovation and invention.  The accumulation of patents by large
corporations can effectively limit progress, and put too high of a
burden on small business and individuals.  However, if patent
termination clauses have any loop holes, someone will find a way to
abuse them.  As an aside, I think the Apache license has a patent
termination clause that Debian is OK with.

Oh, just one more point.  The Debian project is generally more cautious
about legal and most other issues, than other projects are.  I think
they try to provide the best they can for everyone.  I know Colin and
Frank do, and I'm sure moving some of the documents to non-free is not
a task that they like.

-- 
Doug Jensen