RE: Initial Developer's Public License

2004-02-12 Thread Rod Dixon
Larry - For what it is worth, I think your analysis is exactly correct. -Rod On Wed, 11 Feb 2004, Lawrence E. Rosen wrote: Here are two examples that I think would not be allowed under OSL which are allowed under IDPL. A commercial database repair tool that uses the on disk structure

Copyright Act preempts the wave theory of light

2004-02-12 Thread Daniel Carrera
Can we stop these posts already? -- Daniel Carrera | No trees were harmed in the generation of this e-mail. PhD student. | A significant number of electrons were, however, severely Math Dept. UMD | inconvenienced. -- license-discuss archive is at http://crynwr.com/cgi-bin/ezmlm-cgi?3

RE: Initial Developer's Public License

2004-02-12 Thread Ann W. Harrison
I had described A commercial database repair tool ...parts of the Firebird database code.. with proprietary code In this example, the commercial tool would probably be a single executable and not a set of libraries or plug-ins. To my understanding, that's similar to a User's Guide to Version 9

Re: Copyright Act preempts the wave theory of light

2004-02-12 Thread Nathan Kelley
To OSI License Discussion subscribers, From: Daniel Carrera [EMAIL PROTECTED], Can we stop these posts already? About 280KB worth of e-mail has now be exchanged in discussing this topic, including the 'amusing' spin-off discussions. It's certainly an important topic, if for no other reason

For Approval: NASA Open Source Agreement Version 1.1

2004-02-12 Thread Bryan Geurts
This Email was prepared in satisfaction of OSI Certification Process Step 4. for OSI certification of the NASA Open Source Agreement Version 1.1 (NOSA). 4.a. Tell us which existing OSI-approved license is most similar to your license. Explain why that license will not suffice for your needs.

RE: For Approval: NASA Open Source Agreement Version 1.1

2004-02-12 Thread Lawrence E. Rosen
Bryan, Thanks for your detailed explanation of the reasons for your new license. I haven't read the license itself yet, but I want to comment on the supposed differences you identified between the NASA license and other already-approved licenses: i. NASA legal counsel requires that

Re: For Approval: NASA Open Source Agreement Version 1.1

2004-02-12 Thread Alex Rousskov
On Thu, 12 Feb 2004, Bryan Geurts wrote: 1H. Recipient means anyone who acquires the Subject Software under this Agreement, including all Contributors. 1M. Use means the application or employment of the Subject Software for any purpose. 3F. In an effort to track usage and maintain

Re: For Approval: NASA Open Source Agreement Version 1.1

2004-02-12 Thread jcowan
Lawrence E. Rosen scripsit: iii. NASA policy requires an effort to accurately track usage of released software for documentation and benefits realized?purposes. See 3.F. Such provisions are not allowed in an open source license. Reporting requirements are viewed as

Re: For Approval: NASA Open Source Agreement Version 1.1

2004-02-12 Thread Alex Rousskov
On Thu, 12 Feb 2004 [EMAIL PROTECTED] wrote: Note the wording requires an effort to accurately track. It is the effort, not the tracking, that is mandatory, and indeed the draft NOSA requests rather than requires users to register with NASA. If the intent is to show an effort, the

Why the GPL is invalid.

2004-02-12 Thread daniel wallace
In the case of the GPL an original preexisting author A prepares (authorizes) modification of his preexisting work and grants permission to distribute his preexisting work. Author B accepts these permissions granted by the GPL and modifies the preexisting work. This is now a derivative work.

Re: Why the GPL is invalid.

2004-02-12 Thread jcowan
daniel wallace scripsit: *sigh* In the case of the GPL an original preexisting author A prepares (authorizes) modification of his preexisting Preparing is what B does, not what A does. There was a meeting of the minds so Author A and Author B are in privity... they are not strangers to

net-snmp license

2004-02-12 Thread Mark W. Alexander
Hi all, Has the net-snmp license (http://www.net-snmp.org/COPYING.txt) been specifically OSI approved or rejected. It's bsd-like, but OSI certification goes a long way towards selling it to management as safe to use. Thanks, mwa -- Mark W. Alexander [EMAIL PROTECTED] -- license-discuss archive

Re: Why the GPL is invalid.

2004-02-12 Thread Seth Johnson
The GPL is not a contract. It requires no consent and no privity. The author simply declares how she exercises her rights. Nobody has to agree to it. Seth Johnson -Original Message- From: daniel wallace [EMAIL PROTECTED] Date: Thu, 12 Feb 2004 16:40:33 -0500 Subject: Why the GPL is

Re: For Approval: NASA Open Source Agreement Version 1.1

2004-02-12 Thread Russell McOrmond
(just to the list) On Thu, 12 Feb 2004 [EMAIL PROTECTED] wrote: Note the wording requires an effort to accurately track. It is the effort, not the tracking, that is mandatory, and indeed the draft NOSA requests rather than requires users to register with NASA. Does this really belong in

Re: Why the GPL is invalid.

2004-02-12 Thread Russell McOrmond
...etc...more repeats of old arguments already corrected. I find this thread interesting in that it shows that it is not just the lawyers for SCO that have problems understanding copyright law. While this is not to excuse all the confusions here, I do suspect that it lends some

Re: Why the GPL is invalid.

2004-02-12 Thread BSD Protector
--- daniel wallace [EMAIL PROTECTED] wrote: Author A and Author B are in contractual privity. Author A approached Author B with a GPL license and Author B said to Author A, I accept the GPL and agree to its terms. There was a meeting of the minds so Author A and Author B are in privity... they

Re: Why the GPL is invalid.

2004-02-12 Thread BSD Protector
--- daniel wallace wrote: See the Supreme Court citation [i]t goes without saying that a contract cannot bind a nonparty.? And that is precisely the reason why any license, including for instance, the BSD license, would be non-binding as a contract to anyone other than whoever entered the

The NASA license may be unconstitutional? Re: For Approval: NASA Open Source Agreement Version 1.1

2004-02-12 Thread Andy Tai
The NASA license as proposed may be against the law in many locations. For example, in Taiwan the Constitution of the Republic of China is the supreme law of the land. The NASA license demands that it is governed by US Federal Law, which conflicts with the ROC's sovereignty and copyright laws

Re: For Approval: NASA Open Source Agreement Version 1.1

2004-02-12 Thread Richard Schilling
O.K. - I'm going to rant. Nothing personal here Bryan, but NASA put some good time into this so I'm going to pick apart your resonse as a non-NASA person. Specifically, you state some views that are misguided. So, I post my response because so many times on this list people try to play

autoresponses

2004-02-12 Thread Russell Nelson
Hi. Sorry about the autoresponses that have gone to list contributors. Here's what happened: 1) Worm forges email from an autoresponder to the list subscription address. 2) list manager sends confirmation. 3) autoresponder confirms. I've unsubscribed the autoresponders. -- --My blog is at

Re: For Approval: NASA Open Source Agreement Version 1.1

2004-02-12 Thread Ian Lance Taylor
Richard Schilling [EMAIL PROTECTED] writes: Such provisions are not allowed in an open source license. Reporting requirements are viewed as unreasonable limitations on the rights of licensees to do anything they want internally with open source Biggest problem of all here - who in all of

Re: For Approval: NASA Open Source Agreement Version 1.1

2004-02-12 Thread Ben Reser
First of all general comments. I see real problems for this license in cases where the software was written entirely by civil servents. In such a case it can't be a bare license. It'd have to be a contract. But if it's a contract aren't you trying to create a copyright for the work through the

Re: For Approval: NASA Open Source Agreement Version 1.1

2004-02-12 Thread John Cowan
Ian Lance Taylor scripsit: Lawrence is correctly saying that if the NASA license requires tracking of released software, that license does not conform to the OSD, and therefore the OSI should not bless it. However, the NASA license does *not* require it. -- Eric Raymond is the Margaret Mead

U.S. government works in other countries

2004-02-12 Thread John Cowan
The draft NOSA implies that U.S. government works, though in the public domain in the U.S., are subject to copyright in other countries. Is this really true? The Berne Convention seems ambiguous on the case; it seems to me that it doesn't clearly foresee the case of works which are never in

Re: The NASA license may be unconstitutional? Re: For Approval: NASA Open Source Agreement Version 1.1

2004-02-12 Thread Richard Schilling
On 2004.02.12 20:05 Andy Tai wrote: The NASA license as proposed may be against the law in many locations. For example, in Taiwan the Constitution of the Republic of China is the supreme law of the land. The NASA license demands that it is governed by US Federal Law, which conflicts with the