• Developer's Certificate of Origin

    From Simon Josefsson@21:1/5 to All on Mon Nov 25 08:50:01 2024
    Hi.

    The DCO v1.1 published on https://developercertificate.org/ says:

    Copyright (C) 2004, 2006 The Linux Foundation and its contributors.
    Everyone is permitted to copy and distribute verbatim copies of this
    license document, but changing it is not allowed.

    The license appears non-free to me, does anyone disagree?

    The text is widely included in Debian main packages.

    Is there any policy exception to allow this?

    The DCO is not a license text, which seems to be the only exception I
    know of, so having the text appear under a non-modifiable license
    doesn't seem appropriate for main.

    Does anyone know a way to talk to the Linux Foundation and ask them to
    release the text into the public domain? Or at least release it under
    some license that allows modifications.

    Thoughts?

    Some examples:

    https://sources.debian.org/src/git/1:2.45.2-1.2/Documentation/SubmittingPatches/?hl=294#L294
    https://sources.debian.org/src/libseccomp/2.5.5-1/CONTRIBUTING.md/#L69 https://sources.debian.org/src/qemu/1:9.1.1+ds-5/roms/skiboot/CONTRIBUTING.md/?hl=50#L50
    https://sources.debian.org/src/qtwebengine-opensource-src/5.15.17%2Bdfsg-5/src/3rdparty/chromium/third_party/weston/src/DCO-1.1.txt/
    https://codesearch.debian.net/search?q=Developer%27s+Certificate+of+Origin+1.1 https://sources.debian.org/src/e2fsprogs/1.47.1-1/SUBMITTING-PATCHES/?hl=10#L10

    /Simon

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  • From =?utf-8?Q?Ulrich_M=C3=BCller?=@21:1/5 to All on Mon Nov 25 09:10:01 2024
    On Mon, 25 Nov 2024, Simon Josefsson wrote:

    The DCO v1.1 published on https://developercertificate.org/ says:

    Copyright (C) 2004, 2006 The Linux Foundation and its contributors.
    Everyone is permitted to copy and distribute verbatim copies of this
    license document, but changing it is not allowed.

    The license appears non-free to me, does anyone disagree?

    The text is widely included in Debian main packages.

    Is there any policy exception to allow this?

    The DCO is not a license text, which seems to be the only exception I
    know of, so having the text appear under a non-modifiable license
    doesn't seem appropriate for main.

    Does anyone know a way to talk to the Linux Foundation and ask them to release the text into the public domain? Or at least release it under
    some license that allows modifications.

    It was released under CC-BY-SA-2.5 in 2005:

    | © 2005 Open Source Development Labs, Inc.
    | The Developer's Certificate of Origin 1.1 is licensed under a
    | Creative Commons Attribution-ShareAlike 2.5 License.
    | If you modify you must use a name or title distinguishable from
    | "Developer's Certificate of Origin" or "DCO" or any confusingly
    | similar name.

    https://web.archive.org/web/20060524185355/http://www.osdlab.org/newsroom/press_releases/2004/2004_05_24_dco.html

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  • From Simon Josefsson@21:1/5 to All on Mon Nov 25 10:40:01 2024
    mån 2024-11-25 klockan 08:56 +0100 skrev Ulrich Müller:
    On Mon, 25 Nov 2024, Simon Josefsson wrote:

    The DCO v1.1 published on https://developercertificate.org/ says:

     Copyright (C) 2004, 2006 The Linux Foundation and its
    contributors.
     Everyone is permitted to copy and distribute verbatim copies of
    this
     license document, but changing it is not allowed.

    The license appears non-free to me, does anyone disagree?

    The text is widely included in Debian main packages.

    Is there any policy exception to allow this?

    The DCO is not a license text, which seems to be the only exception
    I
    know of, so having the text appear under a non-modifiable license
    doesn't seem appropriate for main.

    Does anyone know a way to talk to the Linux Foundation and ask them
    to
    release the text into the public domain?  Or at least release it
    under
    some license that allows modifications.

    It was released under CC-BY-SA-2.5 in 2005:

    © 2005 Open Source Development Labs, Inc.
    The Developer's Certificate of Origin 1.1 is licensed under a
    Creative Commons Attribution-ShareAlike 2.5 License.
    If you modify you must use a name or title distinguishable from "Developer's Certificate of Origin" or "DCO" or any confusingly
    similar name.

    https://web.archive.org/web/20060524185355/http://www.osdlab.org/newsroom/press_releases/2004/2004_05_24_dco.html

    Thanks for the pointer! That DCO v1.1 is not identical either the old
    v1.0 or the v1.1 published on https://developercertificate.org/ - here
    is the wdiff between the two 1.1 versions:

    (c) The contribution was provided directly to me by some other person
    who certified (a), (b) or (c) and I have not modified
    [-it.-] {+it; and+}

    (d) {+In the case of each of (a), (b), or (c),+} I understand and agree
    that this project and the contribution are public and that a record of
    the contribution (including all personal information I submit with it, including my sign-off) is maintained indefinitely and may be
    redistributed consistent with this project or the open source [-
    license(s) involved.-] {+license
    indicated in the file.+}

    /Simon


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  • From Soren Stoutner@21:1/5 to All on Mon Nov 25 10:17:42 2024
    Copy: [email protected] (Simon Josefsson)

    On Monday, November 25, 2024 12:35:17 AM MST Simon Josefsson wrote:
    Hi.

    The DCO v1.1 published on https://developercertificate.org/ says:

    Copyright (C) 2004, 2006 The Linux Foundation and its contributors.
    Everyone is permitted to copy and distribute verbatim copies of this
    license document, but changing it is not allowed.

    The license appears non-free to me, does anyone disagree?

    I am curious as to what aspect of this license you consider non-free? I am not concerned about "Everyone is permitted to copy and distribute verbatim copies of this license document, but changing it is not allowed.” Those exact
    words appear at the top of the GPL, which is considered a free license.

    https://www.gnu.org/licenses/gpl-3.0.html

    --
    Soren Stoutner
    [email protected]
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  • From Mihai Moldovan@21:1/5 to Simon Josefsson on Mon Nov 25 21:00:01 2024
    Copy: [email protected]

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  • From Sam Hartman@21:1/5 to All on Mon Nov 25 22:10:01 2024
    "Simon" == Simon Josefsson <[email protected]> writes:

    Simon> Hi. The DCO v1.1 published on
    Simon> https://developercertificate.org/ says:

    Simon> Copyright (C) 2004, 2006 The Linux Foundation and its
    Simon> contributors. Everyone is permitted to copy and distribute
    Simon> verbatim copies of this license document, but changing it is
    Simon> not allowed.

    Simon> The license appears non-free to me, does anyone disagree?

    Seems fine under DFSG 4 (author's integrity).
    I can say something like
    I assert DCO with the following modifications.

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  • From Simon Josefsson@21:1/5 to Soren Stoutner on Tue Nov 26 08:50:01 2024
    Soren Stoutner <[email protected]> writes:

    On Monday, November 25, 2024 12:35:17 AM MST Simon Josefsson wrote:
    Hi.

    The DCO v1.1 published on https://developercertificate.org/ says:

    Copyright (C) 2004, 2006 The Linux Foundation and its contributors.
    Everyone is permitted to copy and distribute verbatim copies of this
    license document, but changing it is not allowed.

    The license appears non-free to me, does anyone disagree?

    I am curious as to what aspect of this license you consider non-free? I am not concerned about "Everyone is permitted to copy and distribute verbatim copies of this license document, but changing it is not allowed.” Those exact
    words appear at the top of the GPL, which is considered a free license.

    https://www.gnu.org/licenses/gpl-3.0.html

    The difference is that while GPL is the license of a piece of work in
    Debian, I have not interepted the DCO to be a license text related to a
    piece of work. The DCO is just like any other text file included in a
    tarball. Compare it with a GFDL manual with an Invariant sections that
    may not be modified.

    /Simon

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  • From Simon Josefsson@21:1/5 to Sam Hartman on Tue Nov 26 08:50:01 2024
    Sam Hartman <[email protected]> writes:

    "Simon" == Simon Josefsson <[email protected]> writes:

    Simon> Hi. The DCO v1.1 published on
    Simon> https://developercertificate.org/ says:

    Simon> Copyright (C) 2004, 2006 The Linux Foundation and its
    Simon> contributors. Everyone is permitted to copy and distribute
    Simon> verbatim copies of this license document, but changing it is
    Simon> not allowed.

    Simon> The license appears non-free to me, does anyone disagree?

    Seems fine under DFSG 4 (author's integrity).
    I can say something like
    I assert DCO with the following modifications.

    Interesting -- am I understanding you correctly that you would like to
    treat the DCO as a license text? And that it is license that applies to
    the work in Debian?

    As far as I understand, DCO's are about granting rights on
    contributions. Not granting rights to users, which is what the DFSG is
    about. So I'm not sure I follow why the DFSG is relevant for the DCO
    text at all. The DCO appears to me like any other text file in a source package.

    If you believe the DCO is part of the license grant on a work, and there
    is consensus on that interpretation, should it then be mentioned in debian/copyright?

    /Simon

    DFSG 4 -- https://www.debian.org/social_contract.en.html#guidelines

    Integrity of The Author's Source Code

    The license may restrict source-code from being distributed in modified
    form only if the license allows the distribution of "patch files" with
    the source code for the purpose of modifying the program at build
    time. The license must explicitly permit distribution of software built
    from modified source code. The license may require derived works to
    carry a different name or version number from the original
    software. (This is a compromise. The Debian group encourages all authors
    not to restrict any files, source or binary, from being modified.)

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  • From Sam Hartman@21:1/5 to All on Tue Nov 26 18:10:02 2024
    "Simon" == Simon Josefsson <[email protected]> writes:

    Simon> Interesting -- am I understanding you correctly that you
    Simon> would like to treat the DCO as a license text?
    No.

    Simon> And that it
    Simon> is license that applies to the work in Debian?
    No.

    Simon> As far as I understand, DCO's are about granting rights on
    Simon> contributions. Not granting rights to users, which is what
    Simon> the DFSG is about. So I'm not sure I follow why the DFSG is
    Simon> relevant for the DCO text at all. The DCO appears to me like
    Simon> any other text file in a source package.

    I agree, the DCO is another file in a source package.
    Debian does not require that people be granted the right to modify files
    in Debian source packages.


    DFSG 4: The license may restrict source-code from being distributed in
    modified form only if the license allows the distribution of "patch
    files" with the source code for the purpose of modifying the program at
    build time. The license must explicitly permit distribution of software
    built from modified source code. The license may require derived works
    to carry a different name or version number from the original software.

    So, I think it would be problematic if the DCO were included in a built
    binary unless there were mechanisms to change the text of the DCO in a
    built binary (and doing so were legal).

    However, the DCO is generally run by humans rather than computers.
    A project could include contribution guidelines including the text of
    DCO 1.1 and explaining the project specific modifications.
    The humans evaluating whether contributions could be accepted could
    evaluate as appropriate.

    Yes, I am looking for a way to make the DCO fit the DFSG. Yes, in other circumstances I might look for a way to say no rather for a way to say
    yes.
    People have explained why we want to find a yes answer in this
    circumstance and why what the DCO is doing is reasonable.
    I believe DFSG 4 gives us that yes if we choose to use it.

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  • From Sam Hartman@21:1/5 to All on Tue Nov 26 18:00:01 2024
    "Simon" == Simon Josefsson <[email protected]> writes:

    Simon> Sam Hartman <[email protected]> writes:
    >>>>>>> "Simon" == Simon Josefsson <[email protected]> writes:
    >>
    Simon> Interesting -- am I understanding you correctly that you
    Simon> would like to treat the DCO as a license text? And that it
    Simon> is license that applies to the work in Debian?

    Simon> As far as I understand, DCO's are about granting rights on
    Simon> contributions. Not granting rights to users, which is what
    Simon> the DFSG is about. So I'm not sure I follow why the DFSG is
    Simon> relevant for the DCO text at all. The DCO appears to me like
    Simon> any other text file in a source package.

    Simon> If you believe the DCO is part of the license grant on a
    Simon> work, and there is consensus on that interpretation, should
    Simon> it then be mentioned in debian/copyright?

    Simon> /Simon

    Simon> DFSG 4 --
    Simon> https://www.debian.org/social_contract.en.html#guidelines

    Simon> Integrity of The Author's Source Code

    Simon> The license may restrict source-code from being distributed
    Simon> in modified form only if the license allows the distribution
    Simon> of "patch files" with the source code for the purpose of
    Simon> modifying the program at build time. The license must
    Simon> explicitly permit distribution of software built from
    Simon> modified source code. The license may require derived works
    Simon> to carry a different name or version number from the original
    Simon> software. (This is a compromise. The Debian group encourages
    Simon> all authors not to restrict any files, source or binary, from
    Simon> being modified.)

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  • From Soren Stoutner@21:1/5 to Debian Legal on Tue Nov 26 11:29:12 2024
    On Tuesday, November 26, 2024 10:28:18 AM MST Daniel Hakimi wrote:
    The DCO is not technically a license, but it is a legal document that
    usually comes along with a license from the contributor to the project
    (that license usually being the project license). It also serves to replace
    a Contributor License Agreement, offering only a base level of assurances that the contributor has permission to make the contributions. Without a
    DCO, a contribution is legally suspect; it carries no inherent guarantee
    that the contributor wrote the code or owns the code, for all you know the contribution was just copied off stack overflow, or from the contributor's company's private code base.

    In practice, although it is not a license, the DCO should be accepted as is for the same reasons license text is accepted; free software does not
    depend on the freedom to modify the DCO, and is in fact better served by a non-modifiable DCO. There is still no real reason why the DCO itself needs
    to be licensed under free terms, and plenty of reasons why it shouldn't.
    This is a non-issue.

    I agree with the above sentiment, but I would disagree in the way the term “license” is being defined.

    The GPL is a license granted from the project to users of the project.

    The DCO is a license granted from contributors of code to the project, which then becomes part of the license the project grants to users.

    Both are licenses. Above it is stated that the DCO ”serves to replace a Contributor License Agreement”, but I think it would be more accurate to say,
    “the DCO *is* a Contributor License Agreement”.

    The DCO identifies itself as a "license document”, and it is expressly stating
    how the contributor is licensing his contribution, which is, "under the open source license indicated in the file” and then certifies that the person giving
    this license has the appropriate authority to do so.

    In regards to the question raised earlier about if this should appear in debian/copyright, the DCO itself shouldn’t appear, but the results of any contributions to the project made under the DCO should. So, for example, the "open source license indicated in the file” referenced by the DCO should be in
    debian/copyright. And, any copyright information the contributor listed in the file will also be there.

    --
    Soren Stoutner
    [email protected]
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  • From Simon Josefsson@21:1/5 to Sam Hartman on Tue Nov 26 20:50:01 2024
    Sam Hartman <[email protected]> writes:

    "Simon" == Simon Josefsson <[email protected]> writes:

    Simon> Interesting -- am I understanding you correctly that you
    Simon> would like to treat the DCO as a license text?
    No.

    Simon> And that it
    Simon> is license that applies to the work in Debian?
    No.

    Simon> As far as I understand, DCO's are about granting rights on
    Simon> contributions. Not granting rights to users, which is what
    Simon> the DFSG is about. So I'm not sure I follow why the DFSG is
    Simon> relevant for the DCO text at all. The DCO appears to me like
    Simon> any other text file in a source package.

    I agree, the DCO is another file in a source package.
    Debian does not require that people be granted the right to modify files
    in Debian source packages.


    DFSG 4: The license may restrict source-code from being distributed in modified form only if the license allows the distribution of "patch
    files" with the source code for the purpose of modifying the program at
    build time. The license must explicitly permit distribution of software
    built from modified source code. The license may require derived works
    to carry a different name or version number from the original software.

    So, I think it would be problematic if the DCO were included in a built binary unless there were mechanisms to change the text of the DCO in a
    built binary (and doing so were legal).

    However, the DCO is generally run by humans rather than computers.
    A project could include contribution guidelines including the text of
    DCO 1.1 and explaining the project specific modifications.
    The humans evaluating whether contributions could be accepted could
    evaluate as appropriate.

    Yes, I am looking for a way to make the DCO fit the DFSG. Yes, in other circumstances I might look for a way to say no rather for a way to say
    yes.
    People have explained why we want to find a yes answer in this
    circumstance and why what the DCO is doing is reasonable.
    I believe DFSG 4 gives us that yes if we choose to use it.

    Interesting. How do you combine that view with the interpretation that
    went into rejecting GFDL as a free license? I'm having trouble
    following your line of thinking after reading the following, especially regarding 2.1 Invariant Sections:

    https://www.debian.org/vote/2006/vote_001

    To be specific, how is this situation any different from a GFDL document
    with an Invariant Section including the text of the DCO or, say, the GPL license, or the GNU Manifesto?

    /Simon

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  • From Soren Stoutner@21:1/5 to Debian Legal on Tue Nov 26 12:57:44 2024
    On Tuesday, November 26, 2024 11:29:56 AM MST Daniel Hakimi wrote:
    The DCO is very intentionally *not* a license of any kind. A Contributor License Agreement is a license. The DCO was invented because many contributors were uncomfortable with contributor license agreements for various reasons. All the DCO does is confirm that you have the right to
    make the contribution, it does not grant any permission from anybody to anybody.

    I respectfully disagree with you on this point.

    1. The DCO itself says it is a license.

    "Everyone is permitted to copy and distribute verbatim copies of this
    *license* document, but changing it is not allowed."

    2. The DCO is designed to be paired with another document. It expressly *grants the permissions* described in that second document, *and*, it states that the person doing so has the *rights to grant* that license. In that sense, it is similar to a copyright statement, without which a license is not complete (because only a copyright holder can grant a license to another person), but it is more specifically a partial license that is fully understood
    when paired with the other part of the license referenced in the other file, like the abbreviated GPL statement in the header of a source code file that references the full GPL text at a URL.

    "By making a contribution to this project, I certify that:"

    "(a) The contribution was created in whole or in part *by me* and I
    have the *right to submit* it under the *open source license
    indicated in the file*; or"

    "(b) The contribution is based upon previous work that, to the best
    of my knowledge, is covered under an appropriate open source
    license and *I have the right* under that license to submit that
    work with modifications, whether created in whole or in part
    by me, under the *same open source license* (unless I am
    permitted to submit under a different license), as indicated
    in the file; or"

    The DCO was designed to be generic, but it is easier to see how it is a license if you replace the generic “open source license indicated in the file”
    with the name of whatever license is indicated in the file. For example, in a specific case, the DCO could have the following effective meaning:

    ""(a) The contribution was created in whole or in part *by me* and I
    have the *right to submit* it under the *GPL
    indicated in the file*; or”

    "(b) The contribution is based upon previous work that, to the best
    of my knowledge, is covered *GPL indicated in the file" and *I have the
    right* under *the GPL* to submit that
    work with modifications, whether created in whole or in part
    by me, under the *same open source license* (unless I am
    permitted to submit under a different license), as indicated
    in the file; or"

    So, to summarize, the DCO is a license, but it is not the license under which the files are delivered to the end users. Rather, it is part of the license under which the files are delivered from the contributor to the project.

    --
    Soren Stoutner
    [email protected]
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  • From Soren Stoutner@21:1/5 to Debian Legal on Tue Nov 26 13:16:07 2024
    On Tuesday, November 26, 2024 12:44:18 PM MST Simon Josefsson wrote:
    Interesting. How do you combine that view with the interpretation that
    went into rejecting GFDL as a free license? I'm having trouble
    following your line of thinking after reading the following, especially regarding 2.1 Invariant Sections:

    https://www.debian.org/vote/2006/vote_001

    To be specific, how is this situation any different from a GFDL document
    with an Invariant Section including the text of the DCO or, say, the GPL license, or the GNU Manifesto?

    /Simon

    The GFDL with Invariant Section is not the right comparison. The correct comparison is to the GPL (which has the exact same wording).

    The difference is that nothing that is delivered to the user in the form of code or documentation that they cannot modify according to the GPL and the
    DCO. With invariant sections of the GFDL, documentation is delivered to the end user that they cannot modify. The distinct is important. The very foundation of most DFSG-free licenses is that copyright and license
    information must be preserved in all copies (in other words, copyright and licensing information are invariant, often specifically required to be verbatim). Everything else can be changed by the users. In very few cases in Debian are you free to remove copyright or licensing information from the top of a file and redistribute it.

    If you feel strongly that the DCO is not DFSG-compliant, I would encourage you to make your best argument to the greater Debian community (it would need to
    be an argument that has not to this point been made). I would recommend that instead of focusing on the DCO, you should focus on why you feel the GPL (and, honestly, the Apache License 2.0, all the BSD variants, Expat, and most other licenses distributed in Debian that require that the unchanged text of the license be included in all copies and derivative works) is not compatible with the DFSG as more people are familiar with the GPL than the DCO. Any
    conclusion reached about the GPL will automatically apply to the DCO.

    --
    Soren Stoutner
    [email protected]
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  • From Simon Josefsson@21:1/5 to Soren Stoutner on Tue Nov 26 21:40:02 2024
    Soren Stoutner <[email protected]> writes:

    On Tuesday, November 26, 2024 12:44:18 PM MST Simon Josefsson wrote:
    Interesting. How do you combine that view with the interpretation that
    went into rejecting GFDL as a free license? I'm having trouble
    following your line of thinking after reading the following, especially
    regarding 2.1 Invariant Sections:

    https://www.debian.org/vote/2006/vote_001

    To be specific, how is this situation any different from a GFDL document
    with an Invariant Section including the text of the DCO or, say, the GPL
    license, or the GNU Manifesto?

    /Simon

    The GFDL with Invariant Section is not the right comparison. The correct comparison is to the GPL (which has the exact same wording).

    I disagree. I don't see any problem with the license on the GPL text
    itself, when GPL is used as a license on a piece of work in Debian and documented in debian/copyright. The rest of your argument assume that I
    do. The DCO is not used in that way, and nobody has suggested they
    ought to be treated the same way so far. So the situations aren't
    comparable.

    The GFDL with an Invariant Section can be used to release works, and
    Debian rejects this today presumably because there is no license to
    modify the Invariant Section. Just like there is no license granted to
    make modifications to the Linux Foundation's DCO. So I believe it is a parallel worthwhile to explore.

    /Simon

    The difference is that nothing that is delivered to the user in the form of code or documentation that they cannot modify according to the GPL and the DCO. With invariant sections of the GFDL, documentation is delivered to the end user that they cannot modify. The distinct is important. The very foundation of most DFSG-free licenses is that copyright and license information must be preserved in all copies (in other words, copyright and licensing information are invariant, often specifically required to be verbatim). Everything else can be changed by the users. In very few cases in
    Debian are you free to remove copyright or licensing information from the top
    of a file and redistribute it.

    If you feel strongly that the DCO is not DFSG-compliant, I would encourage you
    to make your best argument to the greater Debian community (it would need to be an argument that has not to this point been made). I would recommend that
    instead of focusing on the DCO, you should focus on why you feel the GPL (and,
    honestly, the Apache License 2.0, all the BSD variants, Expat, and most other
    licenses distributed in Debian that require that the unchanged text of the license be included in all copies and derivative works) is not compatible with
    the DFSG as more people are familiar with the GPL than the DCO. Any conclusion reached about the GPL will automatically apply to the DCO.


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  • From Soren Stoutner@21:1/5 to Debian Legal on Tue Nov 26 14:08:37 2024
    On Tuesday, November 26, 2024 1:31:51 PM MST Simon Josefsson wrote:
    I disagree. I don't see any problem with the license on the GPL text
    itself, when GPL is used as a license on a piece of work in Debian and documented in debian/copyright.

    Good.

    The rest of your argument assume that I
    do. The DCO is not used in that way, and nobody has suggested they
    ought to be treated the same way so far. So the situations aren't comparable.

    The DCO is part of the chain of custody of the license, similar to the how the copyright is part of the chain of custody of the license. It documents that the person providing the license has the right to provide you with the
    license, similar to how a copyright statement documents that the person providing the license has the right to provide you with the license.

    --
    Soren Stoutner
    [email protected]
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  • From Simon Josefsson@21:1/5 to Soren Stoutner on Wed Nov 27 10:50:01 2024
    Soren Stoutner <[email protected]> writes:

    On Tuesday, November 26, 2024 1:31:51 PM MST Simon Josefsson wrote:
    I disagree. I don't see any problem with the license on the GPL text
    itself, when GPL is used as a license on a piece of work in Debian and
    documented in debian/copyright.

    Good.

    The rest of your argument assume that I
    do. The DCO is not used in that way, and nobody has suggested they
    ought to be treated the same way so far. So the situations aren't
    comparable.

    The DCO is part of the chain of custody of the license, similar to the how the
    copyright is part of the chain of custody of the license. It documents that the person providing the license has the right to provide you with the license, similar to how a copyright statement documents that the person providing the license has the right to provide you with the license.

    I don't follow. Do you beliece the DCO is a license text? And that the
    DCO is part of the license that applies to the work in Debian? There
    doesn't seem to be consensus on that, Sam said no, but I'm interpreting
    what you say as yes, but it would help to get clarity here.

    /Simon

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  • From Soren Stoutner@21:1/5 to Simon Josefsson on Wed Nov 27 03:46:13 2024
    Copy: [email protected] (Debian Legal)

    Simon,

    On Wednesday, November 27, 2024 2:48:51 AM MST Simon Josefsson wrote:
    I don't follow. Do you believe the DCO is a license text?

    Yes. There is no question that the DCO is a license. It says right in the text it is a license.

    And that the DCO is part of the license that applies to the work in Debian?

    The DCO is a license, but it is not the license given to the end users of the project. It is the license given from the contributor to the project (in
    other words, it is a Contributor License Agreement). Similar to copyright statements, when paired with the end-user license, it provides documentation the project had the rights to license the software the way they did.

    --
    Soren Stoutner
    [email protected]
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  • From =?utf-8?Q?Ulrich_M=C3=BCller?=@21:1/5 to All on Wed Nov 27 12:50:01 2024
    On Wed, 27 Nov 2024, Soren Stoutner wrote:

    On Wednesday, November 27, 2024 2:48:51 AM MST Simon Josefsson wrote:
    I don't follow. Do you believe the DCO is a license text?

    Yes. There is no question that the DCO is a license. It says right
    in the text it is a license.

    So if someone wants to include any non-free file in a package, they can
    just claim in its header that it is a license, and it will be excepted
    from the DFSG? That seems like a strange concept.

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  • From Soren Stoutner@21:1/5 to Debian Legal on Wed Nov 27 05:26:26 2024
    On Wednesday, November 27, 2024 4:48:30 AM MST Ulrich Müller wrote:
    On Wed, 27 Nov 2024, Soren Stoutner wrote:
    On Wednesday, November 27, 2024 2:48:51 AM MST Simon Josefsson wrote:
    I don't follow. Do you believe the DCO is a license text?

    Yes. There is no question that the DCO is a license. It says right
    in the text it is a license.

    So if someone wants to include any non-free file in a package, they can
    just claim in its header that it is a license, and it will be excepted
    from the DFSG? That seems like a strange concept.

    I can’t imagine anyone making that claim, and no one has in this thread.

    However, if a project includes their Contributor License Agreement in their source code (the DSO in this case), doing so does not pose any DFSG problems (and, indeed, is a good idea, because it strengthens the chain of custody of the open-source license presented by the project to the end users).

    --
    Soren Stoutner
    [email protected]
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  • From Simon Josefsson@21:1/5 to Soren Stoutner on Wed Nov 27 14:50:01 2024
    Soren Stoutner <[email protected]> writes:

    On Wednesday, November 27, 2024 4:48:30 AM MST Ulrich Müller wrote:
    On Wed, 27 Nov 2024, Soren Stoutner wrote:
    On Wednesday, November 27, 2024 2:48:51 AM MST Simon Josefsson wrote:
    I don't follow. Do you believe the DCO is a license text?

    Yes. There is no question that the DCO is a license. It says right
    in the text it is a license.

    So if someone wants to include any non-free file in a package, they can
    just claim in its header that it is a license, and it will be excepted
    from the DFSG? That seems like a strange concept.

    I can’t imagine anyone making that claim, and no one has in this thread.

    However, if a project includes their Contributor License Agreement in their source code (the DSO in this case), doing so does not pose any DFSG problems (and, indeed, is a good idea, because it strengthens the chain of custody of the open-source license presented by the project to the end users).

    I don't think so -- the fact that a DCO is included does not guarantee
    that contributions were made under that DCO. It is just an auxilliary
    text file with a non-free license, referred to by a README. It may be
    that some contributions were given under the DCO, but there is no
    guarantee, and this doesn't modify anything about the rights I'm given
    as a user from the outgoing license.

    Generally, I can't align your thinking with the decisions about the FDL:

    https://www.debian.org/vote/2006/vote_001

    I made the example earlier of a manual that has an FDL Invariant Section
    that includes a copy of the GPL. I believe Debian consider that as
    non-free, since a manual shouldn't contain things that cannot be
    modified, but if I'm understanding you correctly you argue that would be acceptable.

    /Simon

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  • From Soren Stoutner@21:1/5 to Simon Josefsson on Wed Nov 27 10:05:07 2024
    Copy: [email protected] (Debian Legal)

    On Wednesday, November 27, 2024 6:40:11 AM MST Simon Josefsson wrote:
    Soren Stoutner <[email protected]> writes:
    On Wednesday, November 27, 2024 4:48:30 AM MST Ulrich Müller wrote:
    On Wed, 27 Nov 2024, Soren Stoutner wrote:
    On Wednesday, November 27, 2024 2:48:51 AM MST Simon Josefsson wrote:
    I don't follow. Do you believe the DCO is a license text?

    Yes. There is no question that the DCO is a license. It says right
    in the text it is a license.

    So if someone wants to include any non-free file in a package, they can
    just claim in its header that it is a license, and it will be excepted
    from the DFSG? That seems like a strange concept.

    I can’t imagine anyone making that claim, and no one has in this thread.

    However, if a project includes their Contributor License Agreement in
    their
    source code (the DSO in this case), doing so does not pose any DFSG
    problems
    (and, indeed, is a good idea, because it strengthens the chain of custody
    of
    the open-source license presented by the project to the end users).

    I don't think so -- the fact that a DCO is included does not guarantee
    that contributions were made under that DCO. It is just an auxilliary
    text file with a non-free license, referred to by a README. It may be
    that some contributions were given under the DCO, but there is no
    guarantee, and this doesn't modify anything about the rights I'm given
    as a user from the outgoing license.

    No, it doesn’t *guarantee* anything (I believe I have been very careful never
    to use the word guarantee in anything I have written about the DCO), just like nothing in a Debian package guarantees that one of the contributors didn’t lie
    about their copyright claims. But it does *document* the claims that are made about the code contributions to the project, just like the copyright information Debian distributes documents the claims that are being made about copyright of code in the project.

    Generally, I can't align your thinking with the decisions about the FDL:

    https://www.debian.org/vote/2006/vote_001

    I made the example earlier of a manual that has an FDL Invariant Section
    that includes a copy of the GPL. I believe Debian consider that as
    non-free, since a manual shouldn't contain things that cannot be
    modified, but if I'm understanding you correctly you argue that would be acceptable.

    I am familiar with the outcome of the vote you mentioned earlier, and I fully agree that the GFDL with Invariant Sections is not DFSG-free. For the sake of others who might not be aware, other similar licenses are DFSG-free, including the GPL and the GFDL with No Invariant Sections, No Front Cover Texts, and No Back Cover Texts (abbreviated in Debian as GFDL-NIV). As I have explained multiple times in this thread, trying to compare the DCO with the GFDL with Invariant Sections is the wrong comparison. You need to compare it to the GPL. The text of the DCO that has raised concerns here was never discussed as a problem in https://www.debian.org/vote/2006/vote_001. Identical text appears in the GPL. If you would like to continue this discussion, please stop referencing https://www.debian.org/vote/2006/vote_001 (or prove how it is somehow connected to the DCO) and make a argument about why both the DCO and the GPL should be considered DFSG-non-free.

    --
    Soren Stoutner
    [email protected]
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  • From Florian Weimer@21:1/5 to All on Fri Nov 29 09:30:01 2024
    * Soren Stoutner:

    The GFDL with Invariant Section is not the right comparison. The correct comparison is to the GPL (which has the exact same wording).

    The FSF gives permission to make modified versions of the GPL,
    though: <https://www.gnu.org/licenses/gpl-faq.html#ModifyGPL>

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  • From Soren Stoutner@21:1/5 to Debian Legal on Fri Nov 29 11:57:51 2024
    Copy: [email protected] (Florian Weimer)

    Florian,

    On Friday, November 29, 2024 1:22:07 AM MST Florian Weimer wrote:
    * Soren Stoutner:
    The GFDL with Invariant Section is not the right comparison. The correct comparison is to the GPL (which has the exact same wording).

    The FSF gives permission to make modified versions of the GPL,
    though: <https://www.gnu.org/licenses/gpl-faq.html#ModifyGPL>

    That is a good point. Basically, that FAQ is a list of what your legal rights are under fair use of copyrighted material.

    At the top of the GPL it states:

    "Copyright © 2007 Free Software Foundation, Inc. <https://fsf.org/>

    "Everyone is permitted to copy and distribute verbatim copies of this license document, but changing it is not allowed.”

    Althought not explicitly stated in this text, the meaning is this:

    "Everyone is permitted to copy and distribute verbatim copies of this license document, but changing it is not allowed, **except at fair use provisions of copyright law allows you to make changes without our permission**.”

    The FAQ at the link you listed above explains when the FSF will not attempt to enforce their copyright claims and restrictions on changing the text. One argument is that they are here granting you some rights you haven’t previously
    had. But the other argument is that they are just explaining what rights you already have under fair use (these actually vary by jurisdictions, so aren’t necessarily the same in all parts of the world).

    "You can legally use the GPL terms (possibly modified) in another license provided that you call your license by another name and do not include the GPL preamble, and provided you modify the instructions-for-use at the end enough to make it clearly different in wording and not mention GNU (though the actual procedure you describe may be similar).”

    If you modify a copyrighted text under fair use, you have to distinguish it in such a way that nobody confuses it with the original text, and nobody thinks it was produced or endorsed by the original party. One aspect of that is you must change the name.

    Just like your ability to do this isn’t spelled out in the GPL itself, but is
    granted to you by copyright law’s fair use provisions anyway, these same fair
    use provisions also apply to the DCO, even though they aren’t spelled out there.

    My purpose here is not to try to explain when you have a fair use to modify a copyrighted text without the permission of the copyright holder. If someone wants to have that full discussion, I would recommend they start a new thread for that. But as a starting point, I would recommend that you read over the Wikipedia page on the subject:

    https://en.wikipedia.org/wiki/Fair_use

    The rest of the text in the FAQ explains why they discourage you from doing this even though you can:

    "It is possible to make modified versions of the GPL, but it tends to have practical consequences.”

    "If you want to use our preamble in a modified license, please write to <[email protected]> for permission. For this purpose we would want to check the actual license requirements to see if we approve of them."

    "Although we will not raise legal objections to your making a modified license in this way, we hope you will think twice and not do it. Such a modified license is almost certainly incompatible with the GNU GPL, and that incompatibility blocks useful combinations of modules. The mere proliferation of different free software licenses is a burden in and of itself."

    "Rather than modifying the GPL, please use the exception mechanism offered by GPL version 3.”

    There is one other paragraph that explains that you can request explicit copyright permission in a way that goes beyond fair use, but there is no guarantee they will grant it (handled on a case-by-case basis):

    "If you want to use our preamble in a modified license, please write to <[email protected]> for permission. For this purpose we would want to check the actual license requirements to see if we approve of them."

    --
    Soren Stoutner
    [email protected]
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  • From Soren Stoutner@21:1/5 to All on Fri Nov 29 12:11:09 2024
    On Friday, November 29, 2024 12:03:34 PM MST Daniel Hakimi wrote:
    I don't think the unsigned DCO really supports the chain of custody/title
    all that much, but it may still put minds at ease that the project is following best practices regarding IP.

    You can certainly make an argument that the DCO isn’t *effective* at supporting
    the chain of custody of the end-user licensing of the code, but I think that without question that is what the *intention* of the DCO is.

    https://wiki.linuxfoundation.org/dco

    --
    Soren Stoutner
    [email protected]
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