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Re: localedata (non-)copyright policy from FSF


  Hi!

  Note that while I personally (and as IANAL) disagree with Keld about
whether the locales fall under copyright, I can't really imagine not
having his buy-in on anything we do in this area, given the amount of
locales he contributed. We should find some compromise, and I don't
think that this actually requires changing our respective opinions
on whether locales are copyrightable.

On Thu, Feb 21, 2013 at 12:38:14AM +0200, Keld Simonsen wrote:
> I have  copyrights on many of these locales, and I will contact a lawyer
> to see that my copyrights are respected.
> 
> I think your way of trying to  resolve this issue is not adequate.
> I have relesed my locales under GPL v2.
> I am willing to proceed with updating the texts with a revised 
> copyright clause.
> 
> I am aware of a number of other contributers, whuch would not see mildly
> on the infringement of ther copyrights.

  Keld, if I look at the proposed text

% This file is part of the GNU C Library and contains locale data.
% The Free Software Foundation does not claim any copyright interest
% in the locale data contained in this file.  The foregoing does not
% affect the license of the GNU C Library as a whole.  It does not
% exempt you from the conditions of the license if your use would
% otherwise be governed by that license.

I don't actually see a contradiction to your stance.

  (i) It does not say "these files do not fall under copyright" or
that "if the files fall under copyright, FSF has the copyright".
The text says that FSF does not claim any copyright interest, i.e.
either (a) there is no copyright or (b) the copyright is not with FSF
(so it's by default with the locale author). The text doesn't seem to
me to even imply there is no copyright, just that it's not FSF's (which
is good to note as FSF holds copyright on a large portion of glibc).

  (ii) It says "if copyright applies, the glibc licence applies".
Isn't this in accordance with your release of the locales under GPLv2?

  I agree that consulting a lawyer to confirm the text does not go
against your interests is a good idea, but to me as a layman it
doesn't really seem to be bad for you.

On Thu, Feb 21, 2013 at 01:39:14AM +0200, Keld Simonsen wrote:
> I am afraid that this policy will backfire on FSF and
> our locale activities. If FSF would remove the GNU v2
> copyrights on these locales, other organisation with more lawyers
> and deeper pockets may take over the copyrights, and bar
> the locales to be used in glibc. It is quite questionable
> that the proposed FSF position will hold in court.

  How could other organisations "take over the copyrights"? Besides,
if the locale authors agree with the proposed text now, that says
essentially "if copyright applies, the glibc licence applies" so at that
point the usage cannot be restricted further than GPLv2 permits.

  Kind regards,

-- 
				Petr "Pasky" Baudis
	For every complex problem there is an answer that is clear,
	simple, and wrong.  -- H. L. Mencken


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