Re: open-source x free software

2004-05-07 Thread Guilherme C. Hazan
Hi John,

Just a little question:

 1) The freedom to study the source code and adapt it to your needs
 3) The freedom to improve the program and release your improvements
publicly
 Freedoms 1 and 3 imply that the source code is freely accessible.

When you mean freely accessible, does it means that we can't charge for
downloads?

regards

guich

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Re: open-source x free software

2004-05-07 Thread Robin 'Roblimo' Miller

When you mean freely accessible, does it means that we can't charge for
downloads?
No, you can charge all you want, but since your customers can freely 
redistribute your code, you'd better offer offer your paid users 
something extra so they want to give you money. Suggestions:

- Support services
- Installation help
- Private servers that get new releases faster than free mirrors
- Voluntary, shareware-style registration
- Sell documention
Some companies also produce side by side open source and commercial 
products. OpenOffice is free and freely redistributable, but StarOffice 
costs money and is not freely redistributable even though it's based on 
OO code.

StarOffice comes with support, documention,  and several features OO 
lacks -- and plenty of companies and at least a few individuals seem to 
be buying it.

- Robin 'Roblimo' Miller
  professional troublemaker


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Re: Why open-source means free to distribute?

2004-05-07 Thread clay graham
used with their permission. The permission required is described

um, i think this could be misunderstood. you don't need thier
*permission* you need to meet the guidelines that they require. this
does not require written permission per se (at least that I can find) as
long as you are distributing your code under an existing OSI License.

what does require involvement with the OSI board is a *new* license.

which Gluecode would need to do to use the OSI cert for either of
licenses (doubtful).

Clay



On Thu, 2004-05-06 at 16:57, Ian Lance Taylor wrote:
 Guilherme C. Hazan [EMAIL PROTECTED] writes:
 
  What we need to do to place the logo at our site? Just get it and put in the
  html?
 
 The logo is trademarked by the Open Source Initiative.  It may only be
 used with their permission.  The permission required is described
 here:
 http://opensource.org/docs/certification_mark.php
 
 It may be that gluecode is using the trademark without following the
 required permissions.  If so, that would be unlawful.  An official
 representative of the Open Source Initiative should contact them to
 check.
 
 Ian
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Re: Why open-source means free to distribute?

2004-05-07 Thread Eugene Wee


Alex Rousskov wrote:
Where does it say that OSI certified mark cannot be used with a BSD
license text titled Foo Open License v1.2?
I suppose that might be:
Use of these marks for software that is not distributed under an OSI approved 
license is an infringement of OSI's certification marks and is against the law.
Found at:
http://opensource.org/docs/certification_mark.php

Does OSI certified mark usage terms allow placing the mark on a site
that distributes open and not open software?
I have no idea.
On the other hand, the image in question is found at:
http://www.gluecode.com/website/images_home/osi-certified.gif
But at:
http://opensource.org/trademarks/
It is stated:
We insist and ask that you link to the images of your choice instead of saving 
it on your own server.

So obviously Gluecode has saved the image to its own server, against what was 
expressly stated at opensource.org
As to the legal implications of that, I am not qualified to speculate.

Eugene Wee

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Re: Why open-source means free to distribute?

2004-05-07 Thread Alex Rousskov
On Sat, 8 May 2004, Eugene Wee wrote:

 Alex Rousskov wrote:
  Where does it say that OSI certified mark cannot be used with a BSD
  license text titled Foo Open License v1.2?

 I suppose that might be:
 Use of these marks for software that is not distributed under an OSI approved
 license is an infringement of OSI's certification marks and is against the law.
 Found at:
 http://opensource.org/docs/certification_mark.php

To interpret the above, one needs to know whether OSI approves the
license text, the license title, or a combination of both (i.e., the
core question you stripped).

Alex.
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Re: Why open-source means free to distribute?

2004-05-07 Thread Rod Dixon
I think Larry will have to answer your question authoritatively. In my
opinion, the distinctions assumed by your question are impertinent. OSI
has the legal authority to control the use of its certification trade mark
within the parameters it sets forth. If they say under condition X, vendor
Y is not authorized to use the mark, vendor Y must follow that
determination or risk infringing the mark. At this point, your question is
really more straightforward than the one you posed, I think. You want to
know: whether developer/vendor/whomever is authorized to use the mark.

Rod


On Fri, 7 May 2004, Alex Rousskov wrote:

 On Sat, 8 May 2004, Eugene Wee wrote:

  Alex Rousskov wrote:
   Where does it say that OSI certified mark cannot be used with a BSD
   license text titled Foo Open License v1.2?
 
  I suppose that might be:
  Use of these marks for software that is not distributed under an OSI approved
  license is an infringement of OSI's certification marks and is against the law.
  Found at:
  http://opensource.org/docs/certification_mark.php

 To interpret the above, one needs to know whether OSI approves the
 license text, the license title, or a combination of both (i.e., the
 core question you stripped).

 Alex.
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Which OS license should we use?

2004-05-07 Thread Clint Oram
Hi there -
 
We are building a professional open source company and are curious which
open source license you suggest we use.  Our goal is to build a profitable
company around dual licensing - providing an open source version of our
product and a commercial version of the product.  
 
We feel that a software company built around an open source product will
first significantly reduce our sales and marketing costs.  Second, we expect
the open source version will greatly reduce barriers-to-entry to our product
from both a partner ecosystem perspective and more importantly a customer
acquisition perspective.  Finally, we flat out believe that delivering an
open source product will enable users/customers to have a more direct voice
in the building of the product which will result in a better product.
 
We plan to translate this combination of factors into a lower cost product
offering that will delight end-users.
 
Our goals for the open source license and commercial license are:
1. Enable partners and customers to easily enhance/enrich/expand the product
through GPL-like conditions
2. Allow our company to roll 'contributed open source code' into our
commercial release.  What do you think about the Mozilla Public License?  Or
the eCos open source license (
http://ecos.sourceware.org/license-overview.html
http://ecos.sourceware.org/license-overview.html)
3. The ability to sell our open source code line as a commercial release
a. With additional modules contributed to our open source project
b. With additional value-add modules not in the open source product 
c. With full support, maintenance, warranty and indemnification

So with that said, which open source license do you think best meets those
goals?
 
I appreciate your advice.
 
Clint
 
Clint Oram
Co-Founder and VP Products  Services
[EMAIL PROTECTED]
(650) 315-6321
SUGARCRM Inc.  It's a sweet deal.
Startup in residence at the SDForum   http://www.sdforum.org/
http://www.sdforum.org
 

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Re: Why open-source means free to distribute?

2004-05-07 Thread jcowan
Rod Dixon scripsit:

 I think Larry will have to answer your question authoritatively. In my
 opinion, the distinctions assumed by your question are impertinent. OSI
 has the legal authority to control the use of its certification trade mark
 within the parameters it sets forth. If they say under condition X, vendor
 Y is not authorized to use the mark, vendor Y must follow that
 determination or risk infringing the mark. 

Doubtless, but it's not clear whether the title of a license is an essential part
of the license.  If I take an OSI-certified license and change just the title,
is the resulting license still OSI-certified?

-- 
May the hair on your toes never fall out! John Cowan
--Thorin Oakenshield (to Bilbo) [EMAIL PROTECTED]
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Re: Which OS license should we use?

2004-05-07 Thread Danese Cooper
Clint,

I'd be *shocked* if anyone on license-discuss was willing to give you 
free legal advice.  You need to consult a lawyer about this (you'll 
probably get a number of contacts at least from your email).

In general, you need to figure out what your business goals are and then 
consult with a lawyer to find the best license choices for your 
particular goals.  Dual-licensing is a means to an end which several 
other companies have used successfully but much depends on the 
composition of your codebase, the market conditions you are dealing 
with, the types of partners you wish to attract, etc.

Danese Cooper

Clint Oram wrote:

Hi there -
 
We are building a professional open source company and are curious which
open source license you suggest we use.  Our goal is to build a profitable
company around dual licensing - providing an open source version of our
product and a commercial version of the product.  
 
We feel that a software company built around an open source product will
first significantly reduce our sales and marketing costs.  Second, we expect
the open source version will greatly reduce barriers-to-entry to our product
from both a partner ecosystem perspective and more importantly a customer
acquisition perspective.  Finally, we flat out believe that delivering an
open source product will enable users/customers to have a more direct voice
in the building of the product which will result in a better product.
 
We plan to translate this combination of factors into a lower cost product
offering that will delight end-users.
 
Our goals for the open source license and commercial license are:
1. Enable partners and customers to easily enhance/enrich/expand the product
through GPL-like conditions
2. Allow our company to roll 'contributed open source code' into our
commercial release.  What do you think about the Mozilla Public License?  Or
the eCos open source license (
http://ecos.sourceware.org/license-overview.html
http://ecos.sourceware.org/license-overview.html)
3. The ability to sell our open source code line as a commercial release
a. With additional modules contributed to our open source project
b. With additional value-add modules not in the open source product 
c. With full support, maintenance, warranty and indemnification

So with that said, which open source license do you think best meets those
goals?
 
I appreciate your advice.
 
Clint
 
Clint Oram
Co-Founder and VP Products  Services
[EMAIL PROTECTED]
(650) 315-6321
SUGARCRM Inc.  It's a sweet deal.
Startup in residence at the SDForum   http://www.sdforum.org/
http://www.sdforum.org
 

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Re: Which OS license should we use?

2004-05-07 Thread jcowan
Clint Oram scripsit:

 Our goals for the open source license and commercial license are:
 1. Enable partners and customers to easily enhance/enrich/expand the product
 through GPL-like conditions
 2. Allow our company to roll 'contributed open source code' into our
 commercial release.  What do you think about the Mozilla Public License?  

Certainly the MPL was designed for just this purpose.  You will need to get
copyright transfers or licenses for the contributions, however.

I am not a lawyer; this is not legal advice.

-- 
John Cowan  [EMAIL PROTECTED]http://www.reutershealth.com
Not to know The Smiths is not to know K.X.U.  --K.X.U.
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Adaptive Public License v0.1C

2004-05-07 Thread Carmen Leeming
Based on the suggestions I have been given, I have modified the Adaptive 
Public License and have re-posted it as version 0.1C.

http://mamook.net/APL.html

The following changes were made:
- One sentence within section 3.2 did not conform to the rules of Open 
Source.  The sentence has been modified (as previously discussed) in 
order to conform.

A Distributor may choose to distribute the Licensed Work, or any 
portion thereof, in Executable form (an EXECUTABLE DISTRIBUTION) to 
any third party, under the terms of Section 2 of this License, provided 
the Executable Distribution is made available under and accompanied by a 
copy of this License ***and is distributed at no more than the cost of 
physically performing Executable Distribution***, AND provided at least 
ONE of the following conditions is fulfilled:

(section between '***' marks was removed)

- The timeframe of thirty-six months for Subsequent Contributors to make 
their source available was considered too lengthy.  It has been modified 
to twelve months (section 3.1a).

A Subsequent Contributor shall make that Subsequent Contributor's 
Subsequent Work(s) available to the public via an Electronic 
Distribution Mechanism for a period of at least ***twelve (12)*** 
months. The aforesaid ***twelve (12)*** month period shall begin within 
a reasonable time after the creation of the Subsequent Work and no later 
than sixty (60) days after first distribution of that Subsequent 
Contributor's Subsequent Work.

(sections between '***' marks modified from 36 to 12 months)

I invite further discussion and hope this license is now suitable for 
OSI approval.

--Carmen Leeming

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