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This queue is for tickets about the Authen-CAS-Client CPAN distribution.

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The Basics
Id: 122237
Status: open
Priority: 0/
Queue: Authen-CAS-Client

People
Owner: pravus [...] cpan.org
Requestors: ppisar [...] redhat.com
Cc: DBOOK [...] cpan.org
gregoa [...] cpan.org
AdminCc:

Bug Information
Severity: (no value)
Broken in: 0.08
Fixed in: (no value)



Subject: Nil license does not allow other people to use the code
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0.08 changed license from MIT to to Nil: =head1 LICENSE This software is information. It is subject only to local laws of physics. Unfortunately this license does not grant users any permission to execute, distribute, or modify the code. And because default set of permissions based on local jural laws is empty, the Authen-CAS-Client-0.08 code cannot be used by other people that the author. Please consider changing license to something more usable. E.g. CC0 <https://creativecommons.org/publicdomain/zero/1.0/legalcode>. Or a text similar to FSF Unlimited License <https://fedoraproject.org/wiki/Licensing/FSF_Unlimited_License#License_Text>.
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I'm sorry you feel the need to have legal representation and authority in order to execute electronic instructions via computing machinery. My license is simply a reflection of physical law and fact. The ability to execute, distribute, or modify the code is in no way hindered by my license.
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On Mon Jun 26 09:44:13 2017, PRAVUS wrote: Show quoted text
> I'm sorry you feel the need to have legal representation and authority > in order to execute electronic instructions via computing machinery. > My license is simply a reflection of physical law and fact. The > ability to execute, distribute, or modify the code is in no way > hindered by my license.
Sorry but that is not how software licensing works. Unlicensed code is protected by default and is essentially unusable. See https://choosealicense.com/no-license/ for more information. Petr gave you some options that are very similar in practice to what you seem to be trying to achieve.
It is only unusable in circumstances where fear of authority outweighs common sense.
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On Mon Jun 26 22:58:57 2017, PRAVUS wrote: Show quoted text
> It is only unusable in circumstances where fear of authority outweighs > common sense.
CPAN is intended for code where the license allows re-use in an open source fashion. Copyright law is weird and therefore requires you to add a license. If you're trying to avoid that, please add either "I dedicate this code to the public domain" or the WTFPL to your code. Currently, this code is neither free software nor usefully open source and nobody can use it legally, and as such you are currently consuming disk space of volunteers who intended to host actual open source software to no advantage to them. BSD is fine, MIT is fine, WTFPL is fine, right now you're insulting the spirit of CPAN and the efforts of all the CPAN hosts; please either adopt *something* that allows people to legally install and use your work, or delete it from CPAN and let me and the other PAUSE admins arrange an adoption to somebody who actually likes releasing free software. I've re-opened this ticket since currently your code is not fit to be on CPAN and this is a major problem that needs to be resolved. The current situation is dumb and against the spirit of CPAN. Please fix it.
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I released my software under the fewest terms possible in the spirit of maximal freedom. I'm sorry this is not congruent with your views on open source. What is "copyright law"? There are no defined universal laws of copyright and cases are handled on a jurisdictional basis. I am incapable of reliably providing a legal representation of my software in a way that allows me to express my views of inherent human freedom. Not even the "public domain" can do this since it requires a legal entity which I have not authorized to represent my interests in the code. My license is a statement of fact which is generally protected under law although I don't consider that to be required. I have no idea why this is a "situation". No one seemingly uses my software and prior versions exist which still should be licensed according to whatever standards you seem fit.
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On Mon Jun 26 23:50:38 2017, PRAVUS wrote: Show quoted text
> What is "copyright law"? There are no defined > universal laws of copyright and cases are handled on a jurisdictional > basis.
And you have uploaded this dist to a server that exists within one of those jurisdictions. Uploading something that cannot be legally handled by the server you uploaded to is an abuse of those resources.
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On Mon Jun 26 23:50:38 2017, PRAVUS wrote: Show quoted text
> I released my software under the fewest terms possible in the spirit > of maximal freedom.
Your original license here - https://st.aticpan.org/source/PRAVUS/Authen-CAS-Client-0.01/LICENSE - actually gives downstream users more freedom. Show quoted text
> My license is a statement of fact which is generally protected under > law although I don't consider that to be required. I have no idea why > this is a "situation". No one seemingly uses my software and prior > versions exist which still should be licensed according to whatever > standards you seem fit.
Without an explicit grant to use, users in any first world legal jurisdiction that I'm familiar with cannot legally use your software, and I'm not 100% sure CPAN can legally host it. I'm confused as to what you hope to gain by causing the people providing and using your software to potentially put themselves at risk when your previous zero-condition license worked absolutely fine.
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On 2017-06-26 20:50:38, PRAVUS wrote: Show quoted text
> I released my software under the fewest terms possible in the spirit > of maximal freedom.
You did no such thing. You released it granting no one any rights to use it under any circumstances. Show quoted text
> I'm sorry this is not congruent with your views > on open source.
This was coming from one of the administrators of PAUSE, the service to which you uploaded your software. The information is authoritative. If you do not wish to add a licence to your software, please do not upload it to this service. You are free to distribute it from github or your own website or some other place, but you should remove it from PAUSE.
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Just out of curiosity, is anyone involved in this conversation a contract lawyer, or has anyone involved in this conversation asked a contract lawyer about it?
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On Mon Jun 26 23:50:38 2017, PRAVUS wrote: Show quoted text
> I released my software under the fewest terms possible in the spirit > of maximal freedom. I'm sorry this is not congruent with your views > on open source. What is "copyright law"? There are no defined > universal laws of copyright and cases are handled on a jurisdictional > basis. I am incapable of reliably providing a legal representation of > my software in a way that allows me to express my views of inherent > human freedom. Not even the "public domain" can do this since it > requires a legal entity which I have not authorized to represent my > interests in the code. > > My license is a statement of fact which is generally protected under > law although I don't consider that to be required. I have no idea why > this is a "situation". No one seemingly uses my software and prior > versions exist which still should be licensed according to whatever > standards you seem fit.
While copyright law is jurisdictional to an extent, there are international treaties which were established specifically to attempt to define standards for copyright across signatories. The most prominent of these is the Berne Convention (https://en.wikipedia.org/wiki/Berne_Convention), which is signed by 175 countries. Most notably, the Berne Convention establishes that copyright is established upon creation of a work, and thus, certain rights are reserved for the copyright holder. The entire point of putting a license on a copyrighted work is to enable other people to also have some of those rights. Case law in the United States (and UK and the EU) has established that software is copyrightable. Without a proper license, no one other than the copyright holder has any rights to distribute or modify that software work. Your current license does not explicitly grant the rights to modify or distribute software under that license. As a copyrighted work, your software is still subject to international copyright law (and not just the "laws of physics"), unless you waive your copyright. If you do that, then the work is considered to be in the Public Domain, and anyone may do anything they please with it (except in some countries where you cannot waive your Moral Rights on a work). Alternately, you can grant permissions to others through a license, but you have to be clear and explicit. We want to use, modify, and distribute your software. Please put it under a license which allows us to do so.
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Please also see the PAUSE operating model for its licensing policy: https://github.com/andk/pause/blob/master/doc/operating-model.md#5-licensing--copyright
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I no longer consider myself to be a CPAN author or part of the larger Perl community in general. As per the terms of my license you are free to remove my software from the CPAN. Please also remove all instances from BackPAN or any other service which illicitly distributes this software. I would also request that I be removed from the Perl AUTHORS file since my name was added without my explicit permission. Responses to this ticket or any other Perl software distributed under my name will be ignored.


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