admin/notes/copyright

   1 Copyright (C) 2007  Free Software Foundation, Inc.
   2 See the end of the file for license conditions.
   3
   4
   5 NOTES ON COPYRIGHTS AND LICENSES
   6
   7 Some terminology:
   8
   9 A "copyright notice" consists of one or a few lines of this format:
  10 "Copyright (C) 2006, 2007 Free Software Foundation, Inc."
  11
  12 A "license notice" is a statement of permissions, and is usually much
  13 longer, eg the text "GNU Emacs is free software...".
  14
  15
  16 Every non-trivial file distributed through the Emacs CVS should be
  17 self-explanatory in terms of copyright and license. This includes
  18 files that are not distributed in Emacs releases (for example, the
  19 admin/ directory), because the whole Emacs CVS is publicly
  20 available.
  21
  22 The definition of triviality is a little vague, but a rule of thumb is
  23 that any file with less than 15 lines of actual content is trivial. If
  24 a file is auto-generated (eg ldefs-boot.el) from another one in the
  25 CVS, then it does not really matter about adding a copyright statement
  26 to the generated file.
  27
  28 However, here is a quote from Matt Norwood (Software Freedom Law
  29 Center) that suggests we should revise the above policy about trivial
  30 files:
  31
  32     If FSF has a strong policy reason notices off of files it
  33     considers "trivial", this will take a lot more bookkeeping; it
  34     also runs the risk of these "trivial" files later growing into
  35     non-trivial files, and being in the tree without any record of
  36     authorship. All in all, I think it's a better policy to attach the
  37     notice and let future authors decide if something is trivial when
  38     they want to reuse it elsewhere.
  39     [...]
  40     In general, copyright law will step back and look at the overall "work"
  41     consisting of all the assembled components working together as a system;
  42     it will apply protection and permissions to this system, not to its
  43     subcomponents. If parts of it are recombined into another system, it
  44     will consider the protections and permissions for each of the source
  45     components only in order to assess the overall status of the work again.
  46     The assessment of whether a set of components is entitled to copyright
  47     protection is the degree to which they display "creativity": not as
  48     atomic units, but as parts of a system working in concert. Thus, several
  49     "trivial" components working together in some coherent system might be
  50     protectible.
  51
  52 The years in the copyright notice should be updated every year (see
  53 file "years" in this directory). The PS versions of refcards etc
  54 should display copyright notices (an exception to the rule about
  55 "generated" files), but these can just display the latest year. The
  56 full list of years should be kept in comments in the source file. If
  57 these are distributed in CVS, check in a regenerated version when the
  58 tex files are updated.
  59
  60 Copyright changes should be propagated to any associated repositories
  61 (eg Gnus, MH-E), but I think in every case this happens automatically
  62 (?).
  63
  64 All README (and other such text files) that are non-trivial should
  65 contain copyright statements and GPL license notices, exactly as .el
  66 files do (see e.g. README in the top-level directory). (Before 2007,
  67 we used a simple, short statement permitting copying and modification
  68 provided legal notices were retained. In Feb 2007 we switched to the
  69 standard GPL text, on legal advice.)
  70
  71 For image files, the copyright and license details should be recorded
  72 in a README file in each directory with images. (Legal advice says
  73 that we need not add notices to each image file individually, if they
  74 allow for that.)
  75
  76 When installing a file with an "unusual" license (after checking first
  77 it is ok), put a copy of the copyright and license in the file (if
  78 possible. It's ok if this makes the file incompatible with its
  79 original format, if it can still be used by Emacs), or in a README
  80 file in the relevant directory.
  81
  82 The vast majority of files are copyright FSF and distributed under the
  83 GPL. A few files (mainly related to language and charset support) are
  84 copyright AIST alone, or both AIST and FSF. (Contact Kenichi Handa
  85 with questions about legal issues in such files.) In all these cases,
  86 the copyright years in each file should be updated each year.
  87
  88 There are some exceptions to the points in the previous paragraph, and
  89 these are listed below for reference, together with any files where
  90 the copyright needs to be updated in "unusual" ways.
  91
  92 If you find any other such cases, please consult to check they are ok,
  93 and note them in this file. This includes missing copyright notices,
  94 and "odd" copyright holders. In most cases, individual authors should
  95 not appear in copyright statements. Either the copyright has been
  96 assigned (check copyright.list) to the FSF (in which case the original
  97 author should be removed and the year(s) transferred to the FSF); or
  98 else it is possible the file should not be in Emacs at all (please
  99 report!).
 100
 101 Note that it seems painfully clear that one cannot rely on CVS logs,
 102 or even ChangeLogs, for older changes. People often installed changes
 103 from others, without recording the true authorship.
 104
 105 [For reference, most of these points were established via email with
 106 rms, 2007/1, "Copyright years".]
 107
 108
 109 lib-src/etags.c           # print_version
 110 lib-src/rcs2log           # Copyright
 111 lisp/calc/calc-help.el    # calc-full-help
 112 lisp/startup.el           # fancy-splash-tail
 113 mac/Emacs.app/Contents/Resources/English.lproj/InfoPlist.strings
 114 mac/src/Emacs.r           # resource 'vers'
 115 src/emacs.c
 116   - remember to change the latest copyright year in the --version output.
 117   [Post-release, will automate this like set-version does for version.]
 118
 119
 120 <top-level>/install-sh
 121 lispintro/install-sh
 122  - this file is copyright MIT, which is OK. Leave the copyright alone.
 123
 124 etc/edt-user.doc
 125   - update BOTH notices in this file
 126
 127 etc/letter.pbm.letter.xpm
 128   - trivial, no notice needed.
 129
 130 leim/CXTERM-DIC/4Corner.tit, ARRAY30.tit, CCDOSPY.tit, ECDICT.tit,
 131 ETZY.tit, PY-b5.tit, Punct-b5.tit, Punct.tit, QJ-b5.tit, QJ.tit,
 132 SW.tit, TONEPY.tit, ZOZY.tit
 133   - leave the copyrights alone.
 134
 135 leim/MISC-DIC/CTLau-b5.html, CTLau.html, cangjie-table.b5, cangjie-table.cns,
 136 pinyin.map, ziranma.cin
 137   - leave the copyright alone.
 138
 139 leim/SKK-DIC/SKK-JISYO.L
 140 ja-dic/ja-dic.el
 141   (the latter is auto-generated from the former). Leave the copyright alone.
 142
 143 lib-src/etags.c
 144   - this has a copyright Ken Arnold. We are still deciding what should
 145   be done here (see below).
 146
 147 lib-src/getopt1.c, getopt_int.h
 148   - these are from the GNU C library. Leave the copyrights alone.
 149
 150 lisp/play/tetris.el
 151   - no special rules about the copyright. We note here that we believe
 152   (2007/1) there is no problem with our use of the name "tetris" or
 153   the concept.
 154   rms: "My understanding is that game rules as such are not copyrightable."
 155   <http://lists.gnu.org/archive/html/emacs-devel/2007-01/msg00960.html>
 156
 157 lispref/doclicense.texi
 158 man/doclicense.texi
 159   - leave the copyright alone in this imported file.
 160
 161 lisp/net/tramp.el
 162   - there are also copyrights in the body of the file. Update these too.
 163
 164 msdos/is_exec.c, sigaction.c
 165   - these files are copyright DJ Delorie. Leave the copyrights alone.
 166   Leave the Eli Zaretskii copyright in is_exec.c alone. See the
 167   msdos/README file for the legal history of these files.
 168
 169 src/gmalloc.c
 170   - contains numerous copyrights from the GNU C library. Leave them alone.
 171
 172 src/acldef.h, chpdef.h, ndir.h
 173   - see comments below. These files are OK to be released with Emacs
 174   22, but we may want to revisit them afterwards.
 175
 176 [src/unexhp9k800.c - removed 2007/1/27]
 177 [src/m/sr2k.h - removed 2007/1/27]
 178   - First file removed due to legal uncertainties; second file removed
 179   due to dependency on first. Note that src/m/hp800.h is still needed on
 180   hp800 arch.
 181   NB we would like to re-add this file if we can. Please let us know
 182   if you can clarify its legal status.
 183
 184
 185 *** These are copyright issues that need not be fixed until after
 186     Emacs 22 is released (though if they can be fixed before, that is
 187     obviously good):
 188
 189
 190 Is it OK to just `cvs remove' a file for legal reasons, or is
 191 something more drastic needed? A removed file is still available from
 192 CVS, if suitable options are applied. (This CVS issue obviously does
 193 not affect a release).
 194   rms: will ask lawyer
 195
 196
 197 REMOVED etc/orgcard.tex, orgcard.ps
 198   Re-add these files if an assignment is received from Rooke.
 199
 200 etc/images
 201   Image files from GTK, Gnome are under GPLv2 (no "or later"?). RMS will
 202   contact image authors in regards to future switch to v3.
 203
 204
 205 src/acldef.h, chpdef.h, ndir.h
 206   On legal advice from Matt Norwood, the following comment was added
 207   to these files in Feb 2007:
 208
 209     The code here is forced by the interface, and is not subject to
 210     copyright, constituting the only possible expression of the
 211     algorithm in this format.
 212
 213   With the addition of this notice, these files are OK for the
 214   upcoming Emacs-22 release. Post-release, we can revisit this issue
 215   and possibly add a list of all authors who have changed these files.
 216   (details in email from Matt Norwood to rms, 2007/02/03).
 217
 218
 219 REMOVED src/unexhp9k800.c
 220   - we would like to re-add this file if possible. Please let us know
 221   if you can clarify its legal status.
 222   http://lists.gnu.org/archive/html/emacs-devel/2007-02/msg00138.html
 223
 224
 225
 226 *** These are copyright issues still to be addressed:
 227
 228
 229 Maybe some relevant comments here?
 230 <http://groups.google.com/group/linux.debian.legal/browse_thread/thread/123547ea95437a1f>
 231
 232
 233 All README (and other such files) that are non-trivial and were added
 234 by Emacs developers need copyright statements and copying permissions.
 235   missed any?
 236   etc/BABYL?
 237   lisp/term/README?
 238   borderline "trivial" cases (see below)...?
 239 These should use the standard GPL text (same as .el files), rather
 240 than the short notices we have been using till now.
 241 rms: "If a README file is under 60 lines long, using the long version
 242 might be ugly. Please tell me if you encounter one that is under 60
 243 lines."
 244
 245
 246 Clarify the legal status of image files. It's not necessary to put a
 247 notice in each image (where the format allows it). It's OK to put the
 248 information in a README file in the associated directory. Files can be
 249 listed in groups. See etc/README for an example.
 250 Image files to consider:
 251  etc/emacs.xbm, gnu.xpm  # rms: ask fx at gnu.org
 252  etc/emacs.icon
 253  etc/images/mh-logo
 254  etc/images/gnus/
 255  etc/images/smilies/
 256  nt/icons/
 257 rms: "Can you find this by searching for items in copyright.list that
 258 assign images for Emacs?" [this suggests we ask Bill Wohler]
 259
 260
 261 admin/check-doc-strings
 262   Author is Martin Buchholz, but no assignment from him on file, and
 263   rms has no way to reach him.
 264 etc/ms-kermit - no copyright, but ms-7bkermit has one
 265 etc/e/eterm-color.ti  - no copyright
 266   rms: "I think that is not copyrightable under the merger doctrine
 267   because the entries are all forced. At least that is the case in the
 268   US; I am not sure whether we can rely on that in general."
 269
 270 For the above files, mail sent from rms to Matthew Norwood
 271 asking what to do (via Eben Moglen), 2007/1/22 ("Copyright years").
 272
 273
 274 etc/sk-refcard.ps, pl-refcard.ps, cs-refcard.ps
 275 These refcards need to be regenerated (by those with suitable TeX
 276 setups) to get updated copyrights.
 277
 278
 279 lib-src/etags.c - no 'k.* arnold' in copyright.list'
 280  rms: "That is ok, in principle. I used free code released by Ken
 281  Arnold as the starting point. However, it may be that we need to get
 282  and insert whatever his license was for his code."
 283
 284  - 1984 version of ctags, with no copyright, posted to net.sources:
 285    http://groups.google.com/group/net.sources/msg/a21b6c21be12a98d
 286
 287
 288 lwlib/lwlib-int.h, lwlib.h - no copyright
 289 lwlib/Makefile.in, lwlib-utils.c, lwlib.c - copyright Lucid
 290 lwlib/lwlib-Xaw.c - copyright Chuck Thompson
 291 lwlib/lwlib.c - copyright Lucid, but FSF copyright was added in 2002 -
 292    was that correct?
 293   rms: "I asked Matthew Norwood about these, I believe."
 294
 295
 296 man/back.texi
 297   - what license is appropriate for this file? Seems not to be used by
 298   anything - just remove it? Actually seems to be part of the Emacs
 299   Lisp manual, not the Emacs manual.
 300
 301
 302 oldXMenu/
 303  - should there be any FSF copyrights at all in here? Some were added
 304    in 2005, without licence notices. Was this right?
 305 oldXMenu/Makefile.in, Makefile, Imakefile, descrip.mms, insque.c
 306   - issues described in mail to rms, 2006/12/17.
 307 rms: "I have asked for lawyer's advice about these."
 308
 309
 310 src/gnu.h
 311 src/m/mips4.h, news-r6.h, news-risc.h, pmax.h
 312 src/s/aix3-2.h, bsd386.h, hpux8.h, hpux9.h, irix4-0.h, irix5-0.h,
 313 isc2-2.h, netbsd.h, osf1.h, sol2-3.h, sunos4-0.h, umips.h, usg5-4-2.h
 314   - all these (not obviously trivial) files are missing copyrights.
 315   rms: "I should talk about these with Matthew Norwood."
 316 The current legal advice seems to be that we should attach FSF
 317 copyright and GPL for the time being, then review post-release. But it
 318 is still under discussion.
 319
 320 \f
 321 This file is part of GNU Emacs.
 322
 323 GNU Emacs is free software; you can redistribute it and/or modify
 324 it under the terms of the GNU General Public License as published by
 325 the Free Software Foundation; either version 2, or (at your option)
 326 any later version.
 327
 328 GNU Emacs is distributed in the hope that it will be useful,
 329 but WITHOUT ANY WARRANTY; without even the implied warranty of
 330 MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE.  See the
 331 GNU General Public License for more details.
 332
 333 You should have received a copy of the GNU General Public License
 334 along with GNU Emacs; see the file COPYING.  If not, write to the
 335 Free Software Foundation, Inc., 51 Franklin Street, Fifth Floor,
 336 Boston, MA 02110-1301, USA.