From:     Digestifier <Linux-Misc-Request@senator-bedfellow.mit.edu>
To:       Linux-Misc@senator-bedfellow.mit.edu
Reply-To: Linux-Misc@senator-bedfellow.mit.edu
Date:     Fri, 20 Aug 93 04:13:09 EDT
Subject:  Linux-Misc Digest #25

Linux-Misc Digest #25, Volume #1                 Fri, 20 Aug 93 04:13:09 EDT

Contents:
  Re: A question about the SLS sysinstall script's copyright (Byron A Jeff)
  How about some money for linux...read on (Bo Peng)
  txconn bug (Philip Brown)
  Re: INN1.4 under Linux - WOW !!!!!! (Vince Skahan)
  Re: A question about the SLS sysinstall script's copyright (Michael Kenney)
  Re: A question about the SLS sysinstall script's copyright (Byron A Jeff)
  EISA/ISA Configuration Rules (.CFG files) (Mark J Elkins)
  Re: A question about the SLS sysinstall script's copyright (Byron A Jeff)
  Re: A question about the SLS sysinstall script's copyright (Steve McMahon)
  99pl12 kernel (Joe Klemmer)

----------------------------------------------------------------------------

From: byron@cc.gatech.edu (Byron A Jeff)
Subject: Re: A question about the SLS sysinstall script's copyright
Date: Fri, 20 Aug 1993 05:50:31 GMT

READ THIS ALL THE WAY THROUGH FOLKS! IT'S LONG BUT IMPORTANT!

>>>Steve McMahon <steve.mcmahon@lambada.oit.unc.edu> wrote:
>>>[Steve]
>>>Peter cannot do that. It's against the GPL.
>>[Byron]
>>Yes he can. He wrote the scripts. They are his.
>>
>[Steve]
>No he cannot. These scripts were made specifically for the interface
>and installation of a GPLed product (linux), hence they fall under the
>GPL. If Peter made them for OS/2 or NT it would be another matter, but
>not here.

[Byron]
Let's pull the relavent part of the license and examine it: [ My comments
will be in brackets ]

======================== Begin GPL License ===========================

These requirements apply to the modified work as a whole.  If
identifiable sections of that work are not derived from the Program,
and can be reasonably considered independent and separate works in
themselves, then this License, and its terms, do not apply to those
sections when you distribute them as separate works.  But when you
distribute the same sections as part of a whole which is a work based
on the Program, the distribution of the whole must be on the terms of
this License, whose permissions for other licensees extend to the
entire whole, and thus to each and every part regardless of who wrote it.

[ This is confusing: this paragraph says that if you separately distribute
  a work - like the SLS installation scripts - the license does not apply. 
  However distributing the sections as part of a whole - Like the SLS 
  distribution - The whole distribution must be on the terms of the license. 
  But see below ]
 
Thus, it is not the intent of this section to claim rights or contest
your rights to work written entirely by you; rather, the intent is to
exercise the right to control the distribution of derivative or
collective works based on the Program.

In addition, mere aggregation of another work not based on the Program
with the Program (or with a work based on the Program) on a volume of
a storage or distribution medium does not bring the other work under
the scope of this License.

[ Now is the SLS scripts just an aggregation on the distribution? I don't
  think so. The scripts are an integral part of the distribution. So it
  would seem that the License would apply to them. ]

======================== End GPL License ===========================

So he can't do it. Very interesting.

>It's also against the spirit of the GPL. Take a GPLed software and
>start imposing restrictions on its distribution. That's *exactly* what
>the GPL is intended to impede. You cannot have it both ways: make
>money out of GPL software and then complain when people start making
>use of the fact that it's under the GPL.
>

According to the license you're right. This is what's on the top of the
doinstall script in the Slackware distribution:

# copyright Softlanding Software 92,93.  Distribute freely, don't restrict

Kind of ironic. Considering the copyright and implied license I think
Patrick can keep on distributing copies of doinstall and sysinstall as
he sees fit.

So I guess if someone wants to press the case it would seem that Peter
could be prevented from distributing SLS unless he releases the restriction.
Again here is the relavent GPL section:

======================== Begin GPL License ===========================
  4. You may not copy, modify, sublicense, or distribute the Program
except as expressly provided under this License.  Any attempt
otherwise to copy, modify, sublicense or distribute the Program is
void, and will automatically terminate your rights under this License.
However, parties who have received copies, or rights, from you under
this License will not have their licenses terminated so long as such
parties remain in full compliance.

  7. If, as a consequence of a court judgment or allegation of patent
infringement or for any other reason (not limited to patent issues),
conditions are imposed on you (whether by court order, agreement or
otherwise) that contradict the conditions of this License, they do not
excuse you from the conditions of this License.  If you cannot
distribute so as to satisfy simultaneously your obligations under this
License and any other pertinent obligations, then as a consequence you
may not distribute the Program at all.  For example, if a patent
[^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ - OH OH! ]
license would not permit royalty-free redistribution of the Program by
all those who receive copies directly or indirectly through you, then
the only way you could satisfy both it and this License would be to
refrain entirely from distribution of the Program.
 
======================== End GPL License ===========================

Any Compu-legals care to take a crack at it?

Kinda sad that Linux has come to this already. I thought we were all
going to be able to create, distribute, support, and yes even make money
off this wonderful product. So sad that it we humans with our typical
failings can't live up to that expectation.

BAJ
---
Another random extraction from the mental bit stream of...
Byron A. Jeff - PhD student operating in parallel!
Georgia Tech, Atlanta GA 30332   Internet: byron@cc.gatech.edu

------------------------------

From: bo@horus.cem.msu.EDU (Bo Peng)
Subject: How about some money for linux...read on
Date: 20 Aug 1993 05:54:04 GMT

Don't jump up so fast yet. What I mean is perhaps setup some sort of foundation
or something like that. Linux is still free with no obligation whatsoever.But,
just in case, just in case that some feel like paying something -- again, what-
ever they feel appropriate -- for the stuff, the money could be collected and
put into good use. A machine dedicated to linux development/discussion? Pay
for internet costs for someone? Save simtel-20? Charity?

Why not?

I haven't used it. But I've decided to go linux way. It's doubtful that I'd
ever have time to contribute to its development. If I really like it, I...uh...
feel like paying something back. If nothing else, just to make myself feel
better. ;->

Seriously, this whole deal of internet/anonymous ftp/usenet/linux is wonderful.
Almost too good to be free (hey! besides tax...). Thinking that Chinese consider
it a great previlage paying (if I remember it right) ~$40 for 1k of incoming
e-mail (about average monthly salary), I do feel a little guilty.

I know, there'd be lots of technical difficulties. Perhaps there're a few
lawyer linuxers out there?

Bo Peng

------------------------------

From: philb@cats.ucsc.edu (Philip Brown)
Subject: txconn bug
Date: 20 Aug 1993 05:53:27 GMT



Has this bug been addressed?
If I am running txconn, and then start up an additional trsh or
something, txconn dies.

(this is with txconn on the other side of the modem, and me activating
trsh from this side)

-- 
  --------------------------------------------------------------------
"Don't move, Penelope.. I want to remember you just the way you are now.
 Puzzled."
philb@cats.ucsc.edu   philb@soda.berkeley.edu

------------------------------

From: vince@victrola.wa.com (Vince Skahan)
Crossposted-To: news.software.nntp
Subject: Re: INN1.4 under Linux - WOW !!!!!!
Date: 19 Aug 1993 21:56:20 -0700

rsalz@rodan.UU.NET (Rich Salz) writes:
>>upcoming support for, overview files in nn?

>I believe this is being worked on by the nn folks.  You can get a
>prototype done by Geoff Collyer from world.std.com:src/news/nn.dist.tar.Z

this fine example does indeed work well under linux :-)

It seems quite a bit slower to me at first glance when entering the newsgroup,
but it's only a "proof-of-concept" anyway...but it *does* work.

-- 
     ---------- Vince Skahan --------- vince@victrola.wa.com -------------
  One living dinosaur and it has to be Barney - lame! lame! lame! lame!
                              - 'the Lame List' on "Almost Live" 7/4/93

------------------------------

From: kenney@stein.u.washington.edu (Michael Kenney)
Subject: Re: A question about the SLS sysinstall script's copyright
Date: 20 Aug 1993 06:17:02 GMT

In article <930819232631.23132@lambada>,
Steve McMahon <steve.mcmahon@lambada.oit.unc.edu> wrote:
>In article <1993Aug20.015821.15839@cc.gatech.edu> byron@cc.gatech.edu (Byron A Jeff) writes:
>>In article <930819205847.23148@lambada>,
>>Steve McMahon <steve.mcmahon@lambada.oit.unc.edu> wrote:
>>
>>>Peter cannot do that. It's against the GPL.
>>
>>Yes he can. He wrote the scripts. They are his.
>>
>
>No he cannot. These scripts were made specifically for the interface
>and installation of a GPLed product (linux), hence they fall under the
>GPL. If Peter made them for OS/2 or NT it would be another matter, but
>not here.
>

Huh????  Does this mean if I package up some GPL code with tar (not
GNU tar) that all of a sudden tar falls under the GPL.  Sounds like a
lot of nonsense to me.

>It's also against the spirit of the GPL. Take a GPLed software and
>start imposing restrictions on its distribution. That's *exactly* what
>the GPL is intended to impede. You cannot have it both ways: make
>money out of GPL software and then complain when people start making
>use of the fact that it's under the GPL.
>

He is not imposing any restrictions on GPLed software ... there are many
other ways to install Linux.  What he is restricting is people taking
the SLS install scripts and using them in their own distributions ...
what is so unreasonable about that?

Jeez.  These GPL Fundamentalists need to lighten up :-)

----
Mike Kenney
UW Applied Physics Lab
mikek@apl.washington.edu



------------------------------

From: byron@cc.gatech.edu (Byron A Jeff)
Subject: Re: A question about the SLS sysinstall script's copyright
Date: Fri, 20 Aug 1993 06:20:02 GMT

In article <1993Aug19.070534.6725@jonh.wimsey.bc.ca>,
John Henders <jhenders@jonh.wimsey.bc.ca> wrote:
>elkins@aerospace.aero.org (Michael Elkins) writes:
>
>>Oops!  Ok, so *almost* everything!  I was thinking more along the lines that
>>most of the software was under the gnu copyleft...  Freely modifiable and
>>re-distributable (ooh!  two new words).
>
>    I don't see where Peter said you can't modify or distribute his
>scripts. He just seems to be saying you have to label them as his and
>not your own.  I fail to see much difference between that and any other
>part of linux.

This is a part of Peter's statement:

- Note also that the copyright notice has been clarified in the
- NOTICE to explain that the installation scripts (but very
- little else) in SLS are copyright Softlanding Software.
- Using them to roll your own distribution, tearing off the
- SLS name, and putting in your own, is not permitted.  These
- scripts "are" SLS, and any distribution built using them
- must be called thus.   Doing otherwise constitutes taking
- credit for the work of others.  Since Slackware has made this mistake,
- it is currently frozen until it develops it's own installation
- and administration system.
 
My points:

1) Patrick did not tear off anything from the installation scripts. I just
   looked the distribution and the copyrights and banner labels are intact.
   When doinstall is run they clearly state that its an SLS installation script.

2) The copyright notice on doinstall clearly states 

   # copyright Softlanding Software 92,93.  Distribute freely, don't restrict

   Patrick did that. So can a copyright on a distributed
   work be later modified especially when the distribution copyright plainly
   states that is can be distributed freely?

3) Then there's the matter of the GPL. See my other post. From my reading of
   it Peter's scripts have to GPL'ed or he can't distribute it. By putting
   a non redistribute copyright on the scripts he's violating the GPL.
   Patrick followed the GPL almost to the letter (he didn't put in the scripts
   that he had modified them and the date modified - an oversight I'm sure). 

4) Lastly I think Peter oversteps his copyright (old and new) by saying that
   any distribution that includes his code must be called SLS. As long as
   there is a copyright attribution and a Banner attribution on execution
   for the SLS code, the claim of "taking the credit for the work of others"
   is negated. Patrick does both in Slackware. In fact in the ANNOUNCE file
   is the following statement:

"This release is based largely on the SLS system, but has been enhanced and
modified substantially."
  
    I guess this constitutes taking credit for the work of others....
    By the same token I don't think he should be able to slap the SLS name
    on Linux. Both statement seem ridiculous to me.

Slackware was particularly pointed out that's why I'm directing my 
responses based on it. Patrick did everything right. The more I read and
the more I think about it, Peter is doing everything wrong. But he'd better
be careful because by my reading on the GPL he's in violation. And if that's
the case then he can't distribute Linux because it is a GPL'ed product.

BAJ
---
Another random extraction from the mental bit stream of...
Byron A. Jeff - PhD student operating in parallel!
Georgia Tech, Atlanta GA 30332   Internet: byron@cc.gatech.edu

------------------------------

From: mje@mje99.posix.co.za (Mark J Elkins)
Subject: EISA/ISA Configuration Rules (.CFG files)
Date: 19 Aug 93 20:51:45 GMT

Where is it written how to create an EISA '!ISA0001.CFG' file so I can
import it into a cfg.exe file and have it show pretty switch settings on
Tiwanese hardware that I can afford? I guess what I'd really like is some
dume question/answer script that will generate a '.CFG' file for me. Anyone
know of such a program?... or where I can get the 'rules' from?

Anyone got a selection of ready made ones?.. for cards such as...

Specalix AT-IO Card, WD8013EBT (with the single 3 settings jumper - how
would I do the Software settings???), Dumb Tiwanese 2 serial & 1 parallel -
whith a few jumpers, typical Clone Super VGA card and Adaptec 1542C ???

Thanks.
-- 
  .  .     ___. .__      Olivetti Systems & Networks, Unix Support - Africa
 /| /|       / /__       UUCP: uunet!olsa99!mje (Mark J. Elkins)
/ |/ |ARK \_/ /__ LKINS  mje@olive.co.za (Postmaster) Tel: +27 11 456 3125

------------------------------

From: byron@cc.gatech.edu (Byron A Jeff)
Subject: Re: A question about the SLS sysinstall script's copyright
Date: Fri, 20 Aug 1993 06:49:30 GMT

In article <251q8u$bfl@news.u.washington.edu>,
Michael Kenney <kenney@stein.u.washington.edu> wrote:
>In article <930819232631.23132@lambada>,
>Steve McMahon <steve.mcmahon@lambada.oit.unc.edu> wrote:
>>In article <1993Aug20.015821.15839@cc.gatech.edu> byron@cc.gatech.edu (Byron A Jeff) writes:
>>>In article <930819205847.23148@lambada>,
>>>Steve McMahon <steve.mcmahon@lambada.oit.unc.edu> wrote:
>>>
>>>>Peter cannot do that. It's against the GPL.
>>>
>>>Yes he can. He wrote the scripts. They are his.
>>>
>>
>>No he cannot. These scripts were made specifically for the interface
>>and installation of a GPLed product (linux), hence they fall under the
>>GPL. If Peter made them for OS/2 or NT it would be another matter, but
>>not here.
>>
>
>Huh????  Does this mean if I package up some GPL code with tar (not
>GNU tar) that all of a sudden tar falls under the GPL.  Sounds like a
>lot of nonsense to me.

No. Not exactly

- If your code is just going along for the ride and is not integrally attached
  to the rest of the code - then no the GPL doesn't apply.
- However if your code is an integral part of a distribution with GPL'ed
  code then the whole distribution must be under GPL. SLS definitely applies
  here as the scripts are an integral part of the distribution.

Lesson: If you have your own code and you need to attach it to Linux, then
        you'll have to bundle and distribute it separatly.
 
>
>>It's also against the spirit of the GPL. Take a GPLed software and
>>start imposing restrictions on its distribution. That's *exactly* what
>>the GPL is intended to impede. You cannot have it both ways: make
>>money out of GPL software and then complain when people start making
>>use of the fact that it's under the GPL.
>>
>
>He is not imposing any restrictions on GPLed software ... there are many
>other ways to install Linux.  What he is restricting is people taking
>the SLS install scripts and using them in their own distributions ...
>what is so unreasonable about that?

It would be unreasonable if someone did that and said or implied they
wrote the scripts themselves. However in the Slackware distribution, which
Peter decided to pick on, the copyright notices, banners, and announce file
clearly state that it's based on SLS. And worse than that when Patrick
took the SLS scripts they were clearly labeled as freely distributable.

Now Peter said that any distribution that use his scripts must be named
SLS. not just the scripts, the whole distribution. Is that resonable, 
especially when the scripts used are clearly labeled as SLS scripts?

And by saying that you cannot release GPLed software because of his restriction,
Peter IS in fact violating the GPL. 

Lastly the GPL flatly states that if you cannot resolve the copyright conflict
with the GPL, then you can't distribute GPLed code at all. SLS should be pulled.
(no smiley).

Of course this is all moot. All the other distributions will have their own
scripts. But it's an interesting excercise is seeing how the GPL works....

>
>Jeez.  These GPL Fundamentalists need to lighten up :-)

I'm the worst kind, a new convert.

"KNEEL DOWN BEFORE THE GPL OR DIE, INFIDEL!" ;=)

BAJ
---
Another random extraction from the mental bit stream of...
Byron A. Jeff - PhD student operating in parallel!
Georgia Tech, Atlanta GA 30332   Internet: byron@cc.gatech.edu

------------------------------

From: steve.mcmahon@lambada.oit.unc.edu (Steve McMahon)
Subject: Re: A question about the SLS sysinstall script's copyright
Date: 20 Aug 93 07:19:09 GMT

In article <251q8u$bfl@news.u.washington.edu> kenney@stein.u.washington.edu (Michael Kenney) writes:
>In article <930819232631.23132@lambada>,
>Steve McMahon <steve.mcmahon@lambada.oit.unc.edu> wrote:
>
>>No he cannot. These scripts were made specifically for the interface
>>and installation of a GPLed product (linux), hence they fall under the
>>GPL. If Peter made them for OS/2 or NT it would be another matter, but
>>not here.
>>
>
>Huh????  Does this mean if I package up some GPL code with tar (not
>GNU tar) that all of a sudden tar falls under the GPL.  Sounds like a
>lot of nonsense to me.
>

No, tar is not made specifically for the interface and installation of
a GPLed product, and is not packaged with it.

>>It's also against the spirit of the GPL. Take a GPLed software and
>>start imposing restrictions on its distribution. That's *exactly* what
>>the GPL is intended to impede. You cannot have it both ways: make
>>money out of GPL software and then complain when people start making
>>use of the fact that it's under the GPL.
>>
>
>He is not imposing any restrictions on GPLed software ... there are many
>other ways to install Linux.  What he is restricting is people taking
>the SLS install scripts and using them in their own distributions ...
>what is so unreasonable about that?
>

His scripts fall under the GPL. If one says: `but I wrote this and
worked hard on it', well then distributing GPLed softwate is the wrong
field for such person. Remember, Linus, Eric, H Lu, and others worked
hard too, that's how the GPL works. Peter can certainly separate the
scripts from SLS and market them as an add-on package like Motif,
that's another thing.

>Jeez.  These GPL Fundamentalists need to lighten up :-)
>

Well, let's say Peter is allowed to restrict the distribution of SLS
and prevent others from selling packages based on it. What if he hikes
the price tomorrow to $299.99? With an internet account, you may not
mind, but others will. The GPL, however, makes sure that free software
like linux remains available to the masses.

-Steve


------------------------------

From: Joe.Klemmer@f370.n109.z1.fidonet.org (Joe Klemmer)
Subject: 99pl12 kernel
Date: Fri, 20 Aug 1993 00:08:52 -0500

I was wondering, since I've been out of touch with c.o.l for a while....

When Peter posted the boot disk for 99pl12 he mentioned that it would only be
for the 3.5 disks and that the 5.25 would remane 99pl9 "for obvoius reasons."
What might those "obvious reasons" be?

Thanks,
Joe


------------------------------


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