Re: [License-discuss] Open Source Eventually License Development

2013-08-18 Thread Eben Moglen
to the colloquy) is that when it's over, it's over. People can decide for themselves now what these arguments and emotive behaviors add up to. Regards to all. Eben -- Eben Moglenv: 212-461-1901 Professor of Law, Columbia Law School f: 212-580-0898 moglen@ Founding

Re: [License-discuss] Open Source Eventually License Development

2013-08-18 Thread Eben Moglen
You seem determined to take offense, Mr Cowan. In the first place, I think you might have missed the point of the Shakespeare quotation preceding the remark you object to. I didn't compare Mr Rosen to a 1L. I wrote that the unavailability of specific performance in contract is 1L material. I

Re: [License-discuss] Open Source Eventually License Development

2013-08-17 Thread Eben Moglen
On Thursday, 15 August 2013, Richard Stallman wrote: Tahoe-LAFS is licensed to the public under the Transitive Grace Period Public Licence 1.0 [*]. Tahoe-LAFS is Free and Open software. The Transitive Grace Period Public Licence is an Open Source licence. Is that

Re: [License-discuss] Open Source Eventually License Development

2013-08-17 Thread Eben Moglen
On Friday, 16 August 2013, Lawrence Rosen wrote: In the more traditional legal analysis, regardless of the wisdom of such a license, we prefer to treat written promises relating to future actions as binding upon the person making the offer -- at least where there is some form of

Re: [License-discuss] Open Source Eventually License Development

2013-08-17 Thread Eben Moglen
Yes, it is simple. I am asserting that in no meaningful sense is your agreement enforceable, if during the period of the proprietary agreement your promisor revokes and refuses to issue the program under free license. You are implying that the remedy for breach of the contract in that situation

Re: [License-discuss] Open Source Eventually License Development

2013-08-17 Thread Eben Moglen
No doubt my nature is subdued to what it works in, like the dyer's hand. But the resemblance is hardly accidental. Eben ___ License-discuss mailing list License-discuss@opensource.org

Re: [License-discuss] Open Source Eventually License Development

2013-08-17 Thread Eben Moglen
structure of free software commerce. The incorrect architectural ambition to replace the legal role of the intermediaries with better licenses or contribution agreements leads to numerous confusions, of which the present conversation is just a minor one. Eben -- Eben Moglen

Re: [License-discuss] Open Source Eventually License Development

2013-08-16 Thread Eben Moglen
about. Really, you can trust me to know how free software licenses basically work. Eben -- Eben Moglenv: 212-461-1901 Professor of Law, Columbia Law School f: 212-580-0898 moglen@ Founding Director, Software Freedom Law Centercolumbia.edu 1995

Re: [License-discuss] Open Source Eventually License Development

2013-08-14 Thread Eben Moglen
Whatever the truth of the adage may be, the point for us is that none of this has anything to do with licensing. Fred Trotter was actually asking a question, to which the correct answer is: You don't need a license to make something free software at a certain date in the future. Giving a copy to

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

Re: apache license 2.0 for consideration

2004-02-23 Thread Eben Moglen
-- Eben Moglen voice: 212-854-8382 Professor of Lawfax: 212-854-7946 moglen@ Columbia Law School, 435 West 116th Street, NYC 10027 columbia.edu General Counsel, Free Software Foundation http://moglen.law.columbia.edu -- license-discuss

Re: Defense against Patents

2003-03-21 Thread Eben Moglen
Larry, Yes but no. Let's begin, before disagreeing, by agreeing. I haven't said that the measure represented by GPL 7 is enough; that's not a conclusion I am yet prepared to draw. Deciding how and to what extent to invoke other forms of defense against patent assertions is very important in

Re: IETF Patent Licenses are RAND

2003-03-20 Thread Eben Moglen
to all, Eben -- Eben Moglen voice: 212-854-8382 Professor of Lawfax: 212-854-7946 moglen@ Columbia Law School, 435 West 116th Street, NYC 10027 columbia.edu General Counsel, Free Software Foundation http://moglen.law.columbia.edu -- license

Re: IETF Patent Licenses are RAND

2003-03-20 Thread Eben Moglen
On Thursday, 20 March 2003, John Cowan wrote: Eben Moglen scripsit: The license is more robust than that, and indeed--for reasons I've described elsewhere-- section 7 can actually provide important mutual defense against assertions of supposed patent rights, but it can only do so

RE: Compatibility of the AFL with the GPL

2003-03-14 Thread Eben Moglen
On Friday, 14 March 2003, Russell Nelson wrote: Lawrence E. Rosen writes: OK, guys, play with me one more round. This time, let's do it in the form of a law school exam question and let's get the lawyers and IANALs on this list to chime in: Nahhh. None of this is necessary.

Re: OSD modification regarding what license can require of user

2002-03-14 Thread Eben Moglen
We are helping a third party to incorporate our proposed solution to the ASP problem in its own modified GPL for release very shortly (probably within days). Legal work is complete and only some public information documents are not yet final. Use in an FSF-approved third-party license will be