Subject: Re: Is Packaging Copyrightable (was: is copyleft packaging bad for Debian?)

Hi Soren,
Quoting Soren Stoutner (2026-02-02 20:04:57)

On Monday, February 2, 2026 11:43:34?AM Mountain Standard Time Jonas Smedegaard wrote:

Related to that, I now (since yesterday) add the following section to
the debian/copyright file of packages that I maintain:

Files: debian/patches/*
Copyright: None
License: None
Comment:
Patches are generally assumed not copyright-protected by default.
Please list any patch with copyright claims separately.

As I just wrote in a separate email, I disagree strongly with the
idea that Debian packaging is not copyrightable. I do not think that
any packages with the above debian/copyright entry should be allowed
in Debian.

I read your previous email and I fully agree with you on that, but I
disagree with your conclusion (second sentence of your above).
For the record: I disagree strongly with the idea that Debian packaging
is *in general* is not copyrightable.
The reason I disagree with your conclusion has to do with a work
consisting of multiple parts, where some parts may be both easily
identifiable and also not in itself be copyrightable. Debian packaging
consist of such a subset, which has a third feature of being
potentially upstreamable: patches to upstream source.
(please see my response to Russ for more details on that reasoning)
Initially I talked about Debian packaging, but then I shifted to talk
more narrowly about the subset of "debian/patches*", and that is what
you quoted. Your position I fully agree with, but I am unsure if you
really mean that it holds true also for debian/patches as a subset on
its own - and I suspect that I would disagree with such a position.
Do you insist so very strongly that *patches* are not copyrightable?
- Jonas
--
* Jonas Smedegaard - idealist & Internet-arkitekt
* Tlf.: +45 40843136 Website: http://dr.jones.dk/
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[x] quote me freely [ ] ask before reusing [ ] keep private


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Subject: Re: Is Packaging Copyrightable (was: is copyleft packaging bad for Debian?)

On Tuesday, February 3, 2026 6:16:46?AM Mountain Standard Time Jonas Smedegaard wrote:

Hi Soren,

Quoting Soren Stoutner (2026-02-02 20:04:57)

On Monday, February 2, 2026 11:43:34?AM Mountain Standard Time Jonas

Smedegaard wrote:

Related to that, I now (since yesterday) add the following section to
the debian/copyright file of packages that I maintain:

Files: debian/patches/*
Copyright: None
License: None

Comment:
Patches are generally assumed not copyright-protected by default.
Please list any patch with copyright claims separately.

As I just wrote in a separate email, I disagree strongly with the
idea that Debian packaging is not copyrightable. I do not think that
any packages with the above debian/copyright entry should be allowed
in Debian.

I read your previous email and I fully agree with you on that, but I
disagree with your conclusion (second sentence of your above).

For the record: I disagree strongly with the idea that Debian packaging
is *in general* is not copyrightable.

The reason I disagree with your conclusion has to do with a work
consisting of multiple parts, where some parts may be both easily identifiable and also not in itself be copyrightable. Debian packaging consist of such a subset, which has a third feature of being
potentially upstreamable: patches to upstream source.

(please see my response to Russ for more details on that reasoning)

Initially I talked about Debian packaging, but then I shifted to talk
more narrowly about the subset of "debian/patches*", and that is what
you quoted. Your position I fully agree with, but I am unsure if you
really mean that it holds true also for debian/patches as a subset on
its own - and I suspect that I would disagree with such a position.

Do you insist so very strongly that *patches* are not copyrightable?

Not all patches are the same. I agree that there are some that would not pass the copyrightable test. But, in general, I strongly believe that *most* patches are copyrightable because they, generally, require some form of creative work.
--
Soren Stoutner
soren@debian.org


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