Re: For Approval: NASA Open Source Agreement Version 1.1

2004-02-13 Thread Richard Schilling
On 2004.02.12 20:42 Ian Lance Taylor wrote: 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

Re: For Approval: NASA Open Source Agreement Version 1.1

2004-02-13 Thread Ben Reser
On Fri, Feb 13, 2004 at 12:05:08AM -0800, Richard Schilling wrote: The OSI can do what it wants. My preference is to see all discussions the OSI endorses regarding licenses be done in the context of legitimate legal analysis (which is done by lawyers) and well trained laypeople. You mean

Re: net-snmp license

2004-02-13 Thread Ben Reser
On Thu, Feb 12, 2004 at 05:28:48PM -0500, Mark W. Alexander wrote: 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. Really

Re: For Approval: NASA Open Source Agreement Version 1.1

2004-02-13 Thread Richard Schilling
Maybe it's just me, but I keep getting back to open source software licenses as a means to efficiently distribute software and allow people ready access to the knowledge it represents, and not so much as a mechanism to try a get license-savvy organizations to let their guard down. On

Re: For Approval: NASA Open Source Agreement Version 1.1

2004-02-13 Thread Ben Reser
On Fri, Feb 13, 2004 at 01:09:47AM -0800, Richard Schilling wrote: Maybe it's just me, but I keep getting back to open source software licenses as a means to efficiently distribute software and allow people ready access to the knowledge it represents, and not so much as a mechanism to try a

Re: For Approval: NASA Open Source Agreement Version 1.1

2004-02-13 Thread Alexander Terekhov
Ben Reser wrote: [...] But seriously I don't think there is an OSI certified license that includes an indemnification clause. Hmm. IPL/CPL section 4? regards, alexander. -- license-discuss archive is at http://crynwr.com/cgi-bin/ezmlm-cgi?3

RE: Initial Developer's Public License

2004-02-13 Thread Alexander Terekhov
Ann W. Harrison wrote: [...] 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 based on, extending and correcting the Guide for Version 8. To my uneducated

RE: Initial Developer's Public License

2004-02-13 Thread Alexander Terekhov
Err. Eclipe.org legal FAQ I meant http://www.eclipse.org/legal/legalfaq.html. To: Ann W. Harrison [EMAIL PROTECTED] cc: [EMAIL PROTECTED], [EMAIL PROTECTED], [EMAIL PROTECTED] Subject:RE: Initial Developer's Public License Ann W. Harrison wrote: [...] In this example, the

Re: For Approval: NASA Open Source Agreement Version 1.1

2004-02-13 Thread Mark W. Alexander
On Fri, Feb 13, 2004 at 12:05:08AM -0800, Richard Schilling wrote: I'm just saying that a stance that NASA, a US government agency with deep pockets, should remove imdenification wording is a haneous idea. And in general bashing the license on non-licensing issues doesn't do any good. It

Re: Initial Developer's Public License

2004-02-13 Thread John Cowan
Alexander Terekhov scripsit: To my uneducated understanding, that's similar to http://www.amazon.com/exec/obidos/ASIN/0387954015 To me, this book is a mere aggregation of papers/works with some glue (start up code, etc ;-) ). Aggregation doesn't make this whole book [just like the

Re: For Approval: NASA Open Source Agreement Version 1.1

2004-02-13 Thread John Cowan
Mark W. Alexander scripsit: NASA legal counsel doesn't seem to be aware of the Title 17 restrictions on government works. Policy cannot trump Title 17 requirements. Adherence to ii, precludes i and iii. The actual license (is anyone looking at it but me??) says that no copyright is claimed

For Approval: Lucent Public License Version 1.02

2004-02-13 Thread David Presotto
I sent the following in the past (see the Sept 2003 archive) and never really got a reply. I figured I'ld try again with a slightly reformated message. = Section 1 - The Lucent Public License version 1.0 was approved in 2003. Since then we've been using it to

Re: For Approval: NASA Open Source Agreement Version 1.1

2004-02-13 Thread Ian Lance Taylor
Richard Schilling [EMAIL PROTECTED] writes: I'm just saying that a stance that NASA, a US government agency with deep pockets, should remove imdenification wording is a haneous idea. And in general bashing the license on non-licensing issues doesn't do any good. It actually hurts open

Re: For Approval: NASA Open Source Agreement Version 1.1

2004-02-13 Thread Mark W. Alexander
On Fri, Feb 13, 2004 at 09:18:30AM -0500, John Cowan wrote: Mark W. Alexander scripsit: NASA legal counsel doesn't seem to be aware of the Title 17 restrictions on government works. Policy cannot trump Title 17 requirements. Adherence to ii, precludes i and iii. The actual license (is

Inappropriate postings from non-lawyers

2004-02-13 Thread Alex Rousskov
On Thu, 12 Feb 2004, Richard Schilling wrote: I post my response because so many times on this list people try to play armchair lawyer and pick apart a license. It's not appropriate Richard, Could you please point me to this list charter or guidelines? You seem to imply that only

Re: For Approval: NASA Open Source Agreement Version 1.1

2004-02-13 Thread jcowan
Mark W. Alexander scripsit: By my reading, Title 17 says that government works are not protected by copyright. Period. NASA also notes that they are only under the jurisdiction of U.S. federal law. No U.S. law does, or can, subject government works to foreign copyright authority. Well, I'm

Re: U.S. government works in other countries

2004-02-13 Thread jcowan
Richard Schilling scripsit: The WTO countries are supposed to recognize US copyright, as the US is supposed to recognize the IP of the other WTO countries. Easier said then done, but it's there. Indeed. But are the Berne countries supposed to recognize our *non*-copyrights? The U.S. as an

Re: For Approval: NASA Open Source Agreement Version 1.1

2004-02-13 Thread Ben Reser
On Fri, Feb 13, 2004 at 01:00:47PM +0100, Alexander Terekhov wrote: Ben Reser wrote: [...] But seriously I don't think there is an OSI certified license that includes an indemnification clause. Hmm. IPL/CPL section 4? I guess that is an indemnification clause. But it's also pretty much

Re: For Approval: Lucent Public License Version 1.02

2004-02-13 Thread Ben Reser
On Fri, Feb 13, 2004 at 09:59:40AM -0500, David Presotto wrote: I sent the following in the past (see the Sept 2003 archive) and never really got a reply. I figured I'ld try again with a slightly reformated message. = Section 1 - The Lucent Public

Re: Initial Developer's Public License

2004-02-13 Thread Alexander Terekhov
John Cowan wrote: [...] Native executables aren't simply collections, however; linkers break up and redistribute the individual object files into different regions of the executable. Do you seriously believe that such details/linking analysis [whether this or that linker redistributes the

Re: Initial Developer's Public License

2004-02-13 Thread jcowan
Alexander Terekhov scripsit: The resulting *compilation* is copyrightable. I think the distinction compilation-vs-derivative is rather obvious. Whereas I think the distinction is very subtle and full of borderline cases, of which the native executable is just one. First thing you learn when

Re: Initial Developer's Public License

2004-02-13 Thread Ian Lance Taylor
Alexander Terekhov [EMAIL PROTECTED] writes: John Cowan wrote: [...] Native executables aren't simply collections, however; linkers break up and redistribute the individual object files into different regions of the executable. Do you seriously believe that such details/linking

Re: For Approval: NASA Open Source Agreement Version 1.1

2004-02-13 Thread Richard Schilling
On 2004.02.13 07:38 Ian Lance Taylor wrote: [snip] I believe that is a misguided concept in open source licensing that some hold to. Tracking the use of a product does not make a license non-open source. Open Source licensing deals with accessibility and cost, but tracking, per se, is not

Re: For Approval: NASA Open Source Agreement Version 1.1

2004-02-13 Thread Arnoud Engelfriet
[EMAIL PROTECTED] wrote: But all those works were once in Australian copyright. The question is, can a work which is born into the public domain in its country of origin be in copyright anywhere at any time? As far as I understand the Berne Convention, the answer is yes. Article 5(3) of the

Re: Inappropriate postings from non-lawyers

2004-02-13 Thread Richard Schilling
On 2004.02.13 08:35 Alex Rousskov wrote: On Thu, 12 Feb 2004, Richard Schilling wrote: I post my response because so many times on this list people try to play armchair lawyer and pick apart a license. It's not appropriate Richard, Could you please point me to this list charter or

Re: For Approval: NASA Open Source Agreement Version 1.1

2004-02-13 Thread jcowan
Arnoud Engelfriet scripsit: Article 5(3) of the BC says: The enjoyment and the exercise of these rights ... shall be independent of the existence of protection in the country of origin of the work. Article 7(1) puts the duration of protection at life+50, but article 5(1) states that an

Re: Inappropriate postings from non-lawyers

2004-02-13 Thread Ian Lance Taylor
Ian Lance Taylor [EMAIL PROTECTED] writes: The arguments that the GPL is invalid are totally bogus. I need to qualify that by saying that I'm referring to the arguments which have appeared recently on the license-discuss list. There are other theories that the GPL, while valid, does not have

Re: Inappropriate postings from non-lawyers

2004-02-13 Thread jcowan
Richard Schilling scripsit: Look, folks the entire purpose of a license of any kind is to have something to present to a judge in case something goes wrong, and to clarify what rights are transferred to the end user. The true test of a license (for open source work in a business) is what

Re: Initial Developer's Public License

2004-02-13 Thread Alexander Terekhov
Ian Lance Taylor wrote: [...] I think it is a pretty big stretch to say that static linking does not produce a derivative work of the objects included in the link. ... With all those $$ legal funds to protect open source of lately, I just wonder whether the time is right for some

Re: Inappropriate postings from non-lawyers

2004-02-13 Thread Alex Rousskov
Look, folks the entire purpose of a license of any kind is to have something to present to a judge in case something goes wrong, and to clarify what rights are transferred to the end user. ... and since the user is often not a lawyer, those who write licenses should try to strike a balance

Re: Initial Developer's Public License

2004-02-13 Thread Ian Lance Taylor
Alexander Terekhov [EMAIL PROTECTED] writes: Ian Lance Taylor wrote: [...] I think it is a pretty big stretch to say that static linking does not produce a derivative work of the objects included in the link. ... With all those $$ legal funds to protect open source of lately, I

Re: For Approval: NASA Open Source Agreement Version 1.1

2004-02-13 Thread Alex Rousskov
On Fri, 13 Feb 2004, Richard Schilling wrote: I would rather know that more details about the product's use are being tracked than not. When a company tracks the usage of their product they have an easier time gaining support from onlookers, which is good for the product. I want to write

Re: Initial Developer's Public License

2004-02-13 Thread Alexander Terekhov
Ian Lance Taylor wrote: [...] Who would benefit from taking such an action? The Global Economy, of course. For a free software organization, the upside is minimal, and the downside is severe. Really? I see nothing wrong if a free software organization would have to adopt some EULA (to

Re: For Approval: NASA Open Source Agreement Version 1.1

2004-02-13 Thread Robin 'Roblimo' Miller
F. In an effort to track usage and maintain accurate records of the Subject Software, each Recipient, upon receipt of the Subject Software, is requested to register with NASA by visiting the following website: __. Note that each recipient is

RE: Initial Developer's Public License

2004-02-13 Thread Lawrence E. Rosen
With all those $$ legal funds to protect open source of lately, I just wonder whether the time is right for some vendor-neutral organization to bring the issue of linking into court. It could be a friendly, relatively-inexpensive summary judgment action, oder? Just an idea. Courts