Re: For Approval: Open Project Public License (OPPL)

2004-04-14 Thread Russell Nelson
Larry Masters writes:
  May have to put this back on the drawing board. Basically what we are 
  wanting to do with the license is control code created to work with 
  the licensed software, control meaning that any software created to work 
  with it must be released under the same license and source code made 
  avaiable.

Yes, back on the drawing board.  The control you want is unavailable
to OSI Certified Open Source Software.  You're trying to control use.

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For Approval: Open Project Public License (OPPL)

2004-03-16 Thread Larry Masters
Just wanted to bring this up again. Did not have any comments on it 
before. Also would like some input from others if you think this covers 
derivatives, or other projects based on the licensed projects code.

Hi
I would like to submit the Open Project Public License (OPPL) for OSI
compliance.
This license is based on the QPL license with changes to allow
distribution of combined application and other modifications noted below.
(PERMISSION NOTICE)
[snip]
This license applies to any software containing a notice placed by the
copyright holder saying that it may be distributed under the terms of
the Open Project Public License (OPPL) version 1.0 or above. Such
software is herein referred to as the Software. This license covers
modification and distribution of the Software or components of the
Software, use of third-party application programs based on the Software
or components of the Software, third-party applications that interact
with this software and development of free software which uses the
Software or components of the Software.
(GRANTED RIGHTS)
[snip]
1. You are granted the non-exclusive rights set forth in this license
provided you agree to and comply with any and all conditions in this
license. Whole or partial distribution of the Software, items that link
with the Software, items that link with a component of the Software, or
items that interact with any portion of the Software in any form
signifies acceptance of this license.
2. Same as QPL license

3. Remove in a form that is separate from the Software, such as patches

   a. Same as QPL
   b. Same as QPL
Added sub section c.
   c. When modifications to the Software are released any files
modified must carry prominent notices stating that you changed the files
and the date of any change.
Section 4 unchanged.

5. You may use the original or modified versions of the Software to
link, run, or interact in anyway with application programs or components
legally developed by you or by others.
6. You may develop application programs, reusable components and other
software items that link or interact with the original or modified
versions of the Software or other reusable components of the Software.
These items, when distributed, are subject to the following requirements:
   subsections a b and c unchanged.

[snip]
NO WARRANTY
Sections 7 and 8: verbatim of the GPL License Sections 11 and 12
MISCELLANEOUS

Section 9: modified version of Section 11 of the Mozilla Public License
to name venue for any disputes arising from license.(State and Court
district changed)
License is viewable online: http://nextco.net/~matti/awaiting_approval.htm

Thank you in advance,

Larry E. Masters



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Re: For Approval: Open Project Public License (OPPL)

2004-03-16 Thread Alex Rousskov

On Tue, 16 Mar 2004, Larry Masters wrote:

 1. You are granted the non-exclusive rights set forth in this license
 provided you agree to and comply with any and all conditions in this
 license. Whole or partial distribution of the Software, items that link
 with the Software, items that link with a component of the Software, or
 items that interact with any portion of the Software in any form
 signifies acceptance of this license.

If I distribute an text editor that can be used to edit Software or
its components, does it mean I am suddenly accepting the license
because my editor is interacting with a portion of the Software in
some form?

Thanks,

Alex.
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Re: For Approval: Open Project Public License (OPPL)

2004-03-16 Thread Larry Masters
Alex,

Do you think section 5 covers this?

5. You may use the original or modified versions of the Software to
link, run, or interact in anyway with application programs or components
legally developed by you or by others.
Larry E. Masters

Alex Rousskov wrote:

On Tue, 16 Mar 2004, Larry Masters wrote:

 

1. You are granted the non-exclusive rights set forth in this license
provided you agree to and comply with any and all conditions in this
license. Whole or partial distribution of the Software, items that link
with the Software, items that link with a component of the Software, or
items that interact with any portion of the Software in any form
signifies acceptance of this license.
   

If I distribute an text editor that can be used to edit Software or
its components, does it mean I am suddenly accepting the license
because my editor is interacting with a portion of the Software in
some form?
Thanks,

Alex.
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Re: For Approval: Open Project Public License (OPPL)

2004-03-16 Thread Larry Masters
Alex,

Under section 5 the user would be able to use the editor if the editor 
was legally created or obtained. At least this is what I would think.

May have to put this back on the drawing board. Basically what we are 
wanting to do with the license is control code created to work with 
the licensed software, control meaning that any software created to work 
with it must be released under the same license and source code made 
avaiable.

Larry E. Masters

Alex Rousskov wrote:

The hypothetical editor in question has nothing to do with Software.
It does not use Software. Its author is unaware of the Software.
However, Item 1 quoted below is so broad that, it seems to me,
distributing said text editor would signify acceptance of this
license because the editor may interact with Software in some
environments. For example, a user may use the editor to edit Software.
Would distributing the editor signify acceptance of the license?

Alex.

 

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Re: For Approval: Open Project Public License (OPPL)

2004-03-16 Thread John Cowan
Larry Masters scripsit:

 May have to put this back on the drawing board. Basically what we are 
 wanting to do with the license is control code created to work with 
 the licensed software, control meaning that any software created to work 
 with it must be released under the same license and source code made 
 avaiable.

In that case, I suggest you consider the Open Source License or the GPL,
both of which have that property.

-- 
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Re: For Approval: Open Project Public License (OPPL)

2004-03-16 Thread Alex Rousskov

On Tue, 16 Mar 2004, Larry Masters wrote:

 Under section 5 the user would be able to use the editor if the
 editor was legally created or obtained. At least this is what I
 would think.

Agreed. My concern is not about the user of the editor, but about the
author of the editor. It seems odd to me that innocent actions of
unsuspecting author automatically signify acceptance of your
license. Again, the author and the editor have nothing to do with
Software, but the editor may interact in some form with your
Software, just because editors can edit any software.

In other words, by saying interact with Software in any form you are
subjecting the whole world to your license, and that seems wrong, even
for a viral license.

An editor interacts with Software. An ISP carrying Software bits over
the network interacts with Software. A web browser displaying Software
sources interacts with Software. A compiler compiling Software
interacts with Software. Revision control system interacts with
Software. Etc., etc. All these interactions should be out of your
license scope, I guess, but they seem to automatically signify
acceptance instead.

 May have to put this back on the drawing board. Basically what we
 are wanting to do with the license is control code created to work
 with the licensed software, control meaning that any software
 created to work with it must be released under the same license and
 source code made avaiable.

I understand the intent. IMHO, you need to define created to work
with the licensed software in a much more narrow sense than any form
of interaction for the license to be sane/certifiable. An editor is
created to work with any software sources and, hence, with your
Software. Same for debugger, compiler, etc. But all of them should be
outside of your license restrictions.

Does this clarify?

Thanks,

Alex.
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Re: For Approval: Open Project Public License (OPPL)

2004-03-16 Thread Larry Masters
John,

I do not agree that the GPL would work for this.
I have seen problems in other projects where someone creates an program 
to work with another program but the source code is not released because 
it is argued that the new program is not derived from the other, which 
with my understanding of the GPL and US copyright law this could be true 
that the new program is not derived.

Program X does this.
Program Y does something else, but will work with Program X.
The GPL also states that the license covers works as a whole. We want to 
make sure that even a plugin when distributed by itself must follow the 
license of the original program, and make source code available. The QPL 
is somthing like what we want, but it did not allow releasing modified 
version of the original program as a whole, you can only release patches.

Larry E. Masters

John Cowan wrote:

Larry Masters scripsit:

 

May have to put this back on the drawing board. Basically what we are 
wanting to do with the license is control code created to work with 
the licensed software, control meaning that any software created to work 
with it must be released under the same license and source code made 
avaiable.
   

In that case, I suggest you consider the Open Source License or the GPL,
both of which have that property.
 

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Re: For Approval: Open Project Public License (OPPL)

2004-03-16 Thread Alex Rousskov

On Tue, 16 Mar 2004, Larry Masters wrote:

 I have seen problems in other projects where someone creates an
 program to work with another program but the source code is not
 released because it is argued that the new program is not derived
 from the other, which with my understanding of the GPL and US
 copyright law this could be true that the new program is not
 derived.

 Program X does this.
 Program Y does something else, but will work with Program X.

My understanding is that ones license cannot restrict something that
has not been derived from ones work. And for a good reason!

Alex.
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Re: For Approval: Open Project Public License (OPPL)

2004-03-16 Thread John Cowan
Larry Masters scripsit:

 I have seen problems in other projects where someone creates an program 
 to work with another program but the source code is not released because 
 it is argued that the new program is not derived from the other, which 
 with my understanding of the GPL and US copyright law this could be true 
 that the new program is not derived.
 
 Program X does this.
 Program Y does something else, but will work with Program X.

The trouble is that it's impossible to say where the borderline is.
A Windows version of your program works with Windows, and a Linux
version works with Linux, neither of which is under your license.
Even if we neglect the operating system, what about a program under
your license which generates output on the standard output?  If you
use a pager (such as more or less), your program is working with
the pager, which is under the GPL or BSD license depending on which
version it is.  And so on.

I fear you are asking more than is reasonable.

-- 
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http://www.reutershealth.comhttp://www.ccil.org/~cowan
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Re: For Approval: Open Project Public License (OPPL)

2004-03-16 Thread Larry Masters
John and Alex,

How does this sound?

Original QPL version:

1. You are granted the non-exclusive rights set forth in this license 
provided you agree to and comply with any and all conditions in this 
license. Whole or partial distribution of the Software, or software 
items that link with the Software, in any form signifies acceptance of 
this license.

OPPL

1. You are granted the non-exclusive rights set forth in this license 
provided you agree to and comply with any and all conditions in this 
license. Whole or partial distribution of the Software, *items that 
link with the Software, items that link with a component of the 
Software, or* items that interact with any portion of the Software to 
form an extended version of the Software signifies acceptance of this 
license.

It may also be possible to leave out the quoted text above, or add the 
text to form an extended version of the Software after those 2 items???

I do thank you both for your time.
BTW this is for a scripted project using PHP that can be extended using 
plugins.

Larry E. Masters
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Re: For Approval: Open Project Public License (OPPL)

2004-03-16 Thread Alex Rousskov
On Tue, 16 Mar 2004, Larry Masters wrote:

 Whole or partial distribution of the Software, *items that link
 with the Software, items that link with a component of the Software,
 or* items that interact with any portion of the Software to form an
 extended version of the Software signifies acceptance of this
 license.

 It may also be possible to leave out the quoted text above, or add
 the text to form an extended version of the Software after those 2
 items???

How do you define an extended version of the Software? Is it
different than a derivative work based on the Software?

For example, does a PHP compiler that produces bytecode from your
scripts interact to form an extended version of your software? Does a
webserver that produces HTML from your scripts interact to form an
extended version of your software? It looks like the answer could be
yes in both cases.

Also, how does one define a minimal component that is still protected
by the license? Your license says any portion. I suspect that small
pieces of your Software will be repeated by other authors without any
intentional relation to your Software. Is mentioning of any portion
significant?

Thanks,

Alex.
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