CeCILL: La Licence Francaise Du Logiciel Libre 362
News for nerds writes "Researchers at three French government-funded research organizations revealed the new Open-Source license, known as CeCILL (English .pdf here), which they say is compatible with the FSF's GPL. CeCILL is intended to make free software more compatible with French law in two areas where it differs significantly from U.S. law: copyright and product liability. I, for one, welcome our nouvelle overlord of freedom."
I reject this cultural imperialism! (Score:3, Funny)
Re:I reject this cultural imperialism! (Score:2)
About time (Score:5, Interesting)
Now, not being a lawyer and all, my question is: can a french developer use the CeCILL license as a drop-in replacement for the GPL? can he ship both licenses in a software product's tarball and consider both licenses equivalent in terms of rights they grant, in each country?
Re:About time (Score:3, Interesting)
The day the GPL will be translated and adapted for all the countries, will we have to add a 50Mb text containing all this licenses in each software product's tarball ??? I think soureforge will explode!
Re:About time (Score:3, Interesting)
Re:About time (Score:2)
Re:About time (Score:2, Insightful)
Re:About time (Score:3, Interesting)
IANAL either.
OT: IANAL (Score:3, Interesting)
Quote: IANAL either.
Are there any lawyers on
Re:About time (Score:2)
Assuming the developer(s) is/are the sole copyright holder(s) and this new license is GNU-GPL-compatible, they can license the work under both, but they cannot stop people in France from distributing their work under the ters of the
Re:About time (Score:2)
Re:About time (Score:3, Informative)
This doesn't matter because the CeCILL license says the program can be relicenced under the GPL in paragraph 5.
Re:About time (Score:3, Informative)
Please refer to GNU GPL FAQ: What does it mean to say that two licenses are "compatible"? [gnu.org] before reading further. I will make the assumption that "GPL license" means the FSF's GNU GPL. You statement is proved incorrect by any one of the following facts:
Re:About time (Score:3, Interesting)
According to the GNU GPL FAQ linked by you, GPL compatibility means that there is a way of redistributing a combined work under GPL. This is why CeCILL-compatibility of the GPL license is not a requirement for GPL-compatibility of the CeCILL agreement. I will come back to this important point below.
I agree. But the agreement allows the licensee to relicense the s
Re:About time (Score:5, Informative)
Note: I am neither a lawyer, nor a Francophone. However, after reading the English translation, it looks like a French developer should simply release software under the CeCILL license; the freedoms guaranteed are essentially the same as those guaranteed by the GPL (though the section on warranty is much more complex). If any GPL'ed modifications are made to a CeCILL'ed piece of software, the resulting software can be distributed under the GPL thanks to a clause in CeCILL specifically allowing this.
Re:About time (Score:3, Insightful)
What's interesting about this licence is that is has been written by institutions close from the french government - the CEA are strongly bound to it because they're the ones in charge, AFAIK, of both military and civilian nuclear technology, and the CNRS and INRIA are well-known national research institutes.
IANAL, but I'm quite sure such a licence is something that may potentially be taken seriously by courts, at least in France. If only because of its apparently complex french lawyerspeak... And because
Let us celebrate this ... (Score:2, Funny)
... with some delicious Freedom Fries.
I hope you will be diping them in W Ketchup... (Score:3, Funny)
And why not finish your patriotic meal with some Star Spangled Ice Cream [starspangledicecream.com], for the complete Conservative American Experience?
Re:Let us celebrate this ... (Score:2)
Don't you mean Victory Fries.
Bloody Americans.
Re:Let us celebrate this ... (Score:2)
No. According to "A Hard Days Night," most people still wish they had not won.
Re:Let us celebrate this ... (Score:2)
Necessary? (Score:4, Informative)
Also, FSF Europe and the EC recently colaborated on a European trademark license for free software (which basically says that the trademark is allowed to be used only if the software is not sold together with non-free software).
Re:Necessary? (Score:5, Insightful)
Don't say this aloud, but the GPL is not worth the bits it's written on in France. The FSF states [gnu.org] very good reasons not to translate the GPL in other languages, but in France if a contract is not in French, it's not worth anything. There is a law about this, maybe someone will provide a link (sorry my French is not that good).
I was told this by people that have been working on the subject---I help out the KDE-i18n-it team [linux.it], and the issue of translating the GPL surfaces every now and then, and one point made is what I reported here.
I would really like to know whether this separate licence you mention is in French, any chances you find it?
Re:Necessary? (Score:2)
Re: (Score:3, Informative)
Re:Differnt languages in different countries (Score:4, Insightful)
Oddly enough, because of Slashdot, I know much more about US copyright law than about EU/Dutch law (I am Dutch). So I could be wrong.
But anyway, if the GPL isn't valid for some reason, then I would think that it is just void, no matter where you are. And yes, then the Berne convention applies - you have to get permission from the author to copy any copyrighted work. There's no reason why it would suddenly be free for all, just because there's an invalid license associated with it.
Re:Differnt languages in different countries (Score:4, Insightful)
Comment removed (Score:5, Informative)
Re:Differnt languages in different countries (Score:5, Interesting)
Even if the license might in theory legally binding on you, it would be highly improbably that any court would find that a claim by you to have licensed the code under certain terms would not consistute estoppel if you claimed as truth that people could distribute the software under the terms of the GPL.
In fact, it goes further than that. If you assert that your software is licensed under the GPL, and that by placing the software under the GPL you're allowing people to do Foo with it, then you will be prevented from later suing people for violating the GPL even if Foo is a violation of the license.
This principle is meant to provide safety that you can rely on statements from someone without needing to have every little detail agreed in writing.
(The term "estoppel" came to English from French, btw.)
ObDisclaimer: IANAL
Re:Differnt languages in different countries (Score:2)
Re:Differnt languages in different countries (Score:3, Insightful)
1. If I give you the right to use, modify, and redistribute my code, I do not thereby lose the right to use, modify, and redistribute my code. This is not true of ice cream, as you pointed out, one of the many ways in which ice cream is a really bad analogy for software.
2. Without applying any license whatsoever, any code I write is protected under the Berne Convention and local copyright laws (in my case, U.S.). These copyright laws give you no rights to copy, modify or redistri
Re:Differnt languages in different countries (Score:2)
"I reserve the right to punch you in the face if you". It's a bollocks as your comment because I never had the right in the first place. The modifier has no rights, other than those granted by the license. Consider if you tried to modify Windows XP and then tried to distribute it...
law (not license) is interpreted differently (Score:3, Insightful)
If you violate the GPL, then the GPL no longer applies to you. But accepting the GPL is voluntary. If what you do with the GPL'd code is not violating copyright law, then the GPL is irrelevant,
Re:Necessary? (Score:2, Informative)
http://www.langue-francaise.org/Loi_toubon.html
(Art.2 in particular).
Re:Necessary? (Score:2)
Article 3 - ACCEPTANCE
The Licensee shall be deemed as having accepted the terms and conditions of this Agreement by the occurrence of the following events:
- (i) loading the software by any or all means, notably, by downloading from a remote server, or by loading from a physical medium;
- (ii) the first time the Licensee exercises any of the rights granted hereunder.
The (i) is incompatible with the GPL where you are not requi
Re:Necessary? (Score:2)
(I'm basing my critique on the English version as my French is awful, and some criticisms may be unfair due to translation problems or cultural differences. However, I am in the UK, and contract law and the distinction between contracts and licenses are basically set by E
Re:Necessary? (Score:2)
Re:Necessary? (Score:3, Informative)
If you don't like or accept the GPL, you can still use the software. However, you just can't modify or redistribute it.
To reiterate, you cannot use computer software without some license.
Think of it more as like a book. If you buy a book, you haven't signed any license, but you can still read it. GPL'd software is like that, except you don't have to pay. With a normal book (software without the GPL), you can't redistribute it. But if the book (software) is under the GPL, then you can correct errors
Re:Necessary? (Score:2)
That's nice (Score:5, Funny)
A Good Thing (Score:3, Interesting)
How long before there is a full-on, EU-wide Open Source push? What with rampant piracy in the former Eastern Bloc countries, official approval for the fair alternative can only benefit ordinary people.
Re:A Good Thing (Score:2)
If you take the view that closed source is evil -- and I mean evil in the same sort of way that slavery is evil -- then the GPL's prohibition against closed-source derivatives is admirable.
Accepted before seen? (Score:5, Insightful)
I consider this part problematic. After all, when you start downloading the software, you may not be able to detect the licence, and therefore how should yoi agree to it? IMHO a license should never be assumed to be agreed on until you had at least the chance to see it. Moreover, what about dual-licensed software? Say, a software comes both under this license and under the GPL, and I want to agree to the GPL only?
OTOH I like the following part:
Note that there's no limitation of that clause to software derived from the licensed one, which IMHO means as soon as I accepted this license for a specific piece of software, I'm entitled to use all the licensor's patents covering that code freely in any project, even those not derived from this (i.e. basically the licensor is completely opening up the patents used in that code). However IANAL, and also I fear that this will be refined before any real software is licensed with this.
(BTW, it sucks not having Copy&paste enabled in that PDF)
Re:Accepted before seen? (Score:3, Insightful)
Even without the download clause, what I don't like about this license is that you have to accept it. The GPL specifically says that to use the software, you do not need to accept the GPL [gnu.org]:
Re:Accepted before seen? (Score:2)
KWord imports it (Score:2)
French laws are not the same as european laws. (Score:4, Informative)
For example, the intelectual ownership, the 'author' so to say.
In holland this is slightly different. If i am employed for a company, then this company is allowed to claim intellectual ownership about every line of code i write, also for open-source projects. This is because it is hard to distinguish 'personal' knowledge and 'professional' knowledge. In this case, the employer is protected a lot.
So, when employed as programmer, it is necessary to make a good arrangement, at least personal but preferably on paper, that you are allowed to write code in your own time and may publish this under a license chosen by you and that the company will grant you intellectual ownership of your code. However, it may be tough to get this black-on-white.. In practice it is no real problem, but juridical seen it is.
The french have arranged this better: intellectual ownerships is always at the author, as far as i understood.
maybe
Re:French laws are not the same as european laws. (Score:4, Informative)
Actually, there's a copyright transfer (similar to the copyight transfer one can do with the FSF for GNU software) to the employer, for whatever we write during work hours; what we do during our spare time is ours.
this message © my employer.
Re:French laws are not the same as european laws. (Score:2)
Netherlands Creative Commons, too (Score:4, Informative)
see: http://creativecommons.org/ for more info.
Waag Society in Amsterdam were having some seminars about this issue (though their site is a bit broken at the moment www.waag.org).
French bashing (Score:4, Insightful)
The jokes are often funny and the criticism is okay. Just not on every single subject that touches France.
French bashing justified??? Perhaps. (Score:2, Insightful)
I don't say this to bash the french, or your comment (as it is a respectable opinion) however, in many instances throughout many aspects of the French economy, politics or culture, there is an "arrogance". It may be a cultural style of isolationism... but whatever you call it - it's prevelant in the medical industry (at times) a
Re:French bashing justified??? Perhaps. (Score:3, Insightful)
I think the whole arrogance thing is overblown. Yes Parisian waiters are arrogant - you expect that. But by and large they're just regular people trying to get by in the world just like most people. You find some friendly people, some @$$holes. Same everywhere you go.
It's no different to American tourists in London. The knee-jerk reaction is that they're just a bunch of fat, loud, obnoxious Yanks. But I bet some of them are
Re:French bashing justified??? Perhaps. (Score:3, Insightful)
But then, I'd also say that a fair percentage of Londoners are obnoxious wankers with their own share of arrogance. Not for nothing do the residents of London enjoy a certain reputation around the rest of the country.
I wouldn't call either group representative of the general population of their countries though. Most of the French people I've met here or in France hav
The word you're looking for is 'chauvinism' (Score:2)
And no, it has nothing to do with either being feminist, male or a pig.
Re:The word you're looking for is 'chauvinism' (Score:2)
Re:French bashing justified??? Perhaps. (Score:2, Insightful)
But would it be reasonable to say that 'this is the way Americans are' just because your government and military are like that?
Re
Re:French bashing justified??? Perhaps. (Score:5, Insightful)
They went on showing major French tech achievements: the TGV (French bullet train), the Airbus, and the Ariane rocket.
Not a single word was spoken about the fact that THREE OTHER NATIONS were involved in the Airbus project, not to mention SIXTEEN in the Ariane project.
On that very day, it finally dawned on me why so many people hated us and yet most of us didn't even know it.
Or consider the French European policy. The French government has grown so used to treating the EU as a modern-day colonial empire that it was shocked when most European governments turned their back to it at the first chance they could get - namely supporting the Iraq war, even though it'd mean contempting international law and alienating voters.
OTOH, quite the same thing can be said about the USA. I guess it is related to the fact both countries consider themselves as models to be followed.
Re:French bashing justified??? Perhaps. (Score:3, Insightful)
However I have witnessed how American tourists often gets treated both in the UK and in France, often because they are perceived as loud, obnoxious and entirely without manners. Sometimes it might be true, but just as often it is a case of cultural mismatches.
I think the main reasons Amer
Re:French bashing justified??? Perhaps. (Score:2)
Re:French bashing (Score:5, Insightful)
The French are a wonderfully polite race. All they ask is that you make some sort of effort to fit in with their culture and their language. It's their country, and they feel they have a right to expect it of you. Even if it is only just saying "Bonjour" [hello], "J'en veux comme celui-la, s'il vous plait" [I want one like that, please] and "Ou est la toilette?" [Where is the toilet?]
Once you have indicated that you are making at least some small token attempt, then you will be treated to the usual Continental hospitality. Speak English to a Frenchman in France, though, and you have just earned yourself an enemy for life.
Re:French bashing (Score:3, Insightful)
I say speak the language of the country you're living in. It's official language, and properly as best you can.
This bi,tri-lingual shiz really gets annoying to a great many people. If you live here, speak "American" please! If not, at least get your green card/citizenship before you bitch about things!
It does help to speak the language of the country you
Re:French bashing (Score:3, Insightful)
This bi,tri-lingual shiz really gets annoying to a great many people. If you live here, speak "American" please! If not, at least get your green card/citizenship before you bitch about things!
Hm. Why does it get annoying? Some other people speak other languages. Shrug. Worried about the cost of offering government services in other languages? Yep--it costs money. Probably would cost more
Small cultral differences (Score:5, Informative)
The French are more polite than Americans in certain situations and less so in others. For example, have you ever stood in line in France? It's every one for his or her self. Americans would find this very rude, but in France it's normal. On the other hand, in France you say hello and good-bye at least once to everyone you do business with, including the person at the toll booth as you plunk change into her palm while hardly even stopping the car. An American probably wouldn't think twice about never saying a word in such a situation, but a French person would probably find it rude.
There are many other examples of courtesies that are simply different between the two cultures. If an American isn't aware of the differences, he or she may find French people rude and perhaps arrogant, and vice versa.
here we go (Score:2, Insightful)
Just stop it! (Score:3, Informative)
Interesting GPL compatibility (Score:3, Insightful)
This seems somewhat weird as it seems to imply that all CeCILL licence code can easily be transformed into GPL, thus removing all the specificies and french-law related subtelties of the original licence
Waddaya, Nuts?!? (Score:4, Funny)
Hey dumbass, you can't surrender to the French! (I'm kidding...really...I even married one!)
Yes but... (Score:4, Funny)
What about Article 13.2? (Score:3, Insightful)
Does this mean companies can rob French OSS, and then force the creator to haul his ass to Paris to stop them? Or dows it just mean he has to get his ass to a fench law court? Either way some OSS writers may not be able to travel.
Also considering the agreement requires the matter to be taken to a French court with jurisdiction, won't that mean that US, UK or other compnaies who breach it won't be held liable as they were outside the juristiction of any French court?
Vive le difference.
Re:What about Article 13.2? (Score:3, Interesting)
This is a huge hole, and I'm not even sure it would hold up in U.S. courts... as in if an American modified software using this this license, would the license even be recognized at all by U.S. Courts? As in would this license even be held to be recognized in a U.S. Cou
Note to Monolinguists (Score:3, Interesting)
CeCILL : première licence francaise de logiciel libre élaborée par le CEA, le CNRS et l'INRIA
Now compare it with the
CeCILL: La Licence Francaise Du Logiciel Libre
Notice how not every single word (including the articles) is capitalized? (Also, why don't Slashdot support accents and foreign characters?)
Not compatible with GPL (Score:2, Interesting)
Article 13 of the English translation says: "The Agreement is governed by French law. ... In the absence of an out-of-court settlement within two (2) months as from their occurrence, and unless emergency proceedings are necessary, the disagreements or disputes shall be referred to the Paris Courts having jurisdiction, by the first Party to take
Moi, j'accueille notre nouveaux suzerains. (Score:3, Funny)
Unfortunately, the grammarian shock troops would probably just toss you in a re-education camp as soon as they arrived.
You probably meant nouveau suzerain (or nouveaux suzerains to maintain parity with the Simpsons.)
Of course, by posting this in the clear and not as an AC, I'm now exposing myself to our new overlords as someone who may also need a few years of work^h^h^h^hre-education, otherwise know as "French II".
Re:I suspect... (Score:5, Insightful)
It's funny (as in sad "funny") that americans seem to think that others dislike them a lot more than people really do. Of course, as some parts of the US have acted out on that misrepresentation the past few years, they are at serious risk of making it self-fulfilling.
Re:I suspect... (Score:3, Interesting)
No you don't--the GNU GPL works fine in France. Due to the Bern convention the basics of copyright are the same all over the world. There are other additional author rights in France, but there already exist free licenses to cover these.
In fact, logically, if the GNU GPL was somehow incompatible or did not work fully with French law then the French government could not claim that their license was compatible with the GNU GPL under French
USan (Score:2)
Re:I suspect... (Score:2)
Re:I suspect... (Score:5, Insightful)
Okay, I shouldn't feed the trolls, but...
Yes, you're right: many french people do think "stupide Americians". Most software developers don't however, simply because they deal with other developers from all countries in the world on a regular basis. But if a Franco-French GPL is what it takes to further the cause of free software in the eyes of the general population and in courts, why not? I'm all for it.
This is about developing free software, not about your stupid france-vs-america bull. If you can't talk about developing free software without communicating your totally unrelated biases, then please don't.
Re:I suspect... (Score:2, Funny)
As for us, GPL nerds, we don't care about the USA because we're all some kind of techno hippies that love to share software, there's not even a religious barrier.
But don't be scared if a french guy is insulting an a
Re:I suspect... (Score:3, Insightful)
Anyway, the "hate" is more linked to Americans being perceived as being arrogant: "American's imperialism" is the major reason.
The recent war with Irak is a good example of this domination in action: America wants to go to war with Irak, show unconvincing proof to NATA
Re:I suspect... (Score:3, Insightful)
Re:I suspect... (Score:2)
A : Buy him for what he's worth, and sell him for what he thinks he's worth...
See, you can also make fun of stupides français
Re:When ideologies clash (Score:2)
What is there to question? There is no way a totalitarian state can force such a license to be included with the original source. And a totalitarian state probably won't care about the license, anyway. After all, who's going to enforce it?
You could question the morality of free software being used by totalitarian governments, but there's very little the FSF/OS community can do about that.
--
In Soviet Russia, a Beowulf cluster of insensitive clods hates YOU!
Re:When ideologies clash (Score:2)
Re:When ideologies clash (Score:2)
You could try adding code "IF domain=$Regime THEN Crash" but oh wait, the whole point of OSS is that the source is published...
So 'being ethical' about it won't accomplish anything.
Re:When ideologies clash (Score:2)
br> Let the governments make use of free software.
Let free software implant their heads with new ideas of collaboration outside of a central heirarchy.
The open source butterfly has flapped its wings. Let the reprecussions unfold... watching governments despertly stuggle yet fail to keep control.
Re:When ideologies clash (Score:3, Interesting)
Re:SECAM Licence (Score:5, Funny)
Q. Why are American pool tables blue?
A. So they look green on NTSC TV.
Re:SECAM Licence (Score:2)
Re:SECAM Licence (Score:2)
Re:nice one (Score:5, Informative)
We saw him at Toulouse last Saturday, where he gave a speech about free software. Someone asked about CeCILL during the questions part of the speech, and he basically said it was fine (negating other FSF people's comments like these ones (in French) [zdnet.fr].
Re: (Score:2)
Re:Is French a big language? (Score:2)
Re:Is French a big language? (Score:2)
BTW, the CeCILL in addition grants rights to use the licensor's patents which may cover the code. Your text doesn't.
Re:Is French a big language? (Score:4, Insightful)
Personally, I'd rather people continued to contribute changes to open source projects because they considered the existence of good open source software to be beneficial to themselves, rather than because they were forced to by the GPL, but then I still have some faith left in humanity.
Re:Is French a big language? (Score:2)
Of course this could just be a fluke, but then so I've heard in language statistics, English on the whole is shorter than most of the languages out there. In fact, in computer internationalization rules, you want to predict a longer than English translation in all cases.
Re:Confusing... GPL and this license? (Score:2)
The strength of the GPL is that it's fully based on copyright law; the weakness of the GPL (in the non-US part of the planet) is that it's fully based on US copyright law.
When open source software is developed and mainly targeted at a particular country (e.g.: France), it may not be a bad choice to add a licence that is based on the local copyright laws. That will make it a
Re:In advance: To all American French haters. (Score:2)
Re:Confusing for us Portuguese (Score:3, Funny)