CPL

2004-02-24 Thread Tony Linde
Hi,

I am project manager for a scientific s/w dev project, AstroGrid. We are
involved with similar projects worldwide under the banner of an organisation
called IVOA (http://ivoa.net) and I've volunteered to investigate and
deliver an open source license that any of the IVOA member projects,
including AstroGrid, can use.

The goal is that any of the software we develop can be shared amongst the
partner projects without limitations (save retaining copyright and
contribution notices) AND that any code can be taken, adapted and used by
any commercial concern without restriction (again save for copyright
limitations). We don't want gnu-style licenses which force any extension of
the code to be also opened up.

I was initially looking at the IBM public license but note that this has
since morphed into the Common Public License (CPL). Is the CPL suitable for
our purposes?

Thanks,
Tony. 

__
Tony Linde 
Phone:  +44 (0)116 223 1292Mobile: +44 (0)7753 603356
Fax:+44 (0)116 252 3311Email:  [EMAIL PROTECTED]
Post:   Department of Physics  Astronomy,
University of Leicester
Leicester, UK   LE1 7RH

Project Manager,Director,
AstroGrid   Leicester e-Science Centre
http://www.astrogrid.orghttp://www.e-science.le.ac.uk/

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Re: apache license 2.0 for consideration

2004-02-24 Thread Arnoud Engelfriet
Roy T. Fielding wrote:
 On a side note, since software patent law is applied to the method
 of something and not to the particular expression, a patent license
 for doing that something remains in force regardless of the software
 that is later used to do it.  The license is from the owner of the
 method to the legal entity using that method.

Correct, although a patent license grant may very well be limited
to one particular application. For example, I could license you
under my patent to practice a method using only the software I
provide to you.

 In other words, it is a blanket permission -- once you have the
 permission, you can use whatever tool you like (even one not derived
 from the ASL2 work) up until the permission is revoked.
 
The ASL2 grants in clause 3 a patent license to make, have made,
use, offer to sell, sell, import, and otherwise transfer the Work.

If I Contribute software for one of my patented methods to ASL2-
licensed code, you have the right to use *that code* to practice
my patented method. You do not have permission to use your own
software to practice my patented method. In that case you are
not using the Work.

 If a company sues for infringement on the basis of a patent
 being included in XY, where XY consists of X (non-infringing) and
 Y (infringing), then that will be brought up by the defense and
 the company will have to claim Y infringes as well (or drop
 the case entirely).  As such, there is no need for the patent license
 to talk about derivative works. Nor would it be safe to do so,
 since derivative work is a concept of copyright law, not patent law.

I'm not even sure the license still exists if you take out the
Contribution I made (embodying my patented method) and put
it in some other work. 

Arnoud

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Re: apache license 2.0 for consideration

2004-02-24 Thread jcowan
Arnoud Engelfriet scripsit:

 I'm not even sure the license still exists if you take out the
 Contribution I made (embodying my patented method) and put
 it in some other work. 

It's hard to say, certainly.  But consider this case:  I have patented
a gear, and I give you a patent license to make use of this gear.  Now
you build a machine one part of which is the gear, and I sue, claiming
that you were licensed only to use the gear, not the machine of which
the gear is a part.  Surely you would reply that the very essence of a
gear is to be used as a part of something.  And likewise with a software
library.

IANAL, TINLA.

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Re: apache license 2.0 for consideration

2004-02-24 Thread Eben Moglen
On Tuesday, 24 February 2004, Arnoud Engelfriet wrote:

   If a company sues for infringement on the basis of a patent
   being included in XY, where XY consists of X (non-infringing) and
   Y (infringing), then that will be brought up by the defense and
   the company will have to claim Y infringes as well (or drop
   the case entirely).  As such, there is no need for the patent license
   to talk about derivative works. Nor would it be safe to do so,
   since derivative work is a concept of copyright law, not patent law.
  
  I'm not even sure the license still exists if you take out the
  Contribution I made (embodying my patented method) and put
  it in some other work. 
  
In that case there would no mystery about the FSF position.  If that's
the right interpretation of the patent grant, then ASL2 isn't a free
software license at all. 

E
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Re: CPL

2004-02-24 Thread Russell Nelson
Tony Linde writes:
  The goal is that any of the software we develop can be shared amongst the
  partner projects without limitations (save retaining copyright and
  contribution notices) AND that any code can be taken, adapted and used by
  any commercial concern without restriction (again save for copyright
  limitations). We don't want gnu-style licenses which force any extension of
  the code to be also opened up.

The best choice for this list of permissions is Larry Rosen's Academic
Free License.

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Erlang Public License

2004-02-24 Thread Marc van Woerkom
Hi,

could you have a look at the Erlang Public License, which covers
the Open Source version of Ericsson's Erlang language?
I'm just an ordinary Erlang user and would like to know
if it complies with your standards.
They say it is derived from the Mozilla Public License,
but I am not expert enough to judge the differences.
Here is the license

  http://www.erlang.org/EPLICENSE

here is some explanation

  http://www.erlang.org/license/EPL1x0-explained.html

Regards,
Marc
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Re: Erlang Public License

2004-02-24 Thread John Cowan
Marc van Woerkom scripsit:

 could you have a look at the Erlang Public License, which covers
 the Open Source version of Ericsson's Erlang language?

It's absolutely just a variant of the MPL, with a new name, a different
controlling law, and otherwise still as Open Source as ever.  No worries.

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