Hi Shane

Open Source Initiative consider that to be "open source" a project
cannot be published under NDA. (see below)
http://www.opensource.org/osr

The question is : is Open Source Initiative stupid to ask for this requirement ?
Look at the board members before to say that they are stupid :
http://www.opensource.org/board

Personally I believe that this requirement is normal and problems that
we have now with Android are a good demonstration : the community out
of the NDA is locked and unhappy.

Regards

Andre Charles Legendre

http://www.opensource.org/osr

Open Standards Requirement for Software
Mon, 2006-07-24 22:14 — Michael Tiemann
The Requirement

An "open standard" must not prohibit conforming implementations in
open source software.
The Criteria

To comply with the Open Standards Requirement, an "open standard" must
satisfy the following criteria. If an "open standard" does not meet
these criteria, it will be discriminating against open source
developers.

   1. No Intentional Secrets: The standard MUST NOT withhold any
detail necessary for interoperable implementation. As flaws are
inevitable, the standard MUST define a process for fixing flaws
identified during implementation and interoperability testing and to
incorporate said changes into a revised version or superseding version
of the standard to be released under terms that do not violate the
OSR.
   2. Availability: The standard MUST be freely and publicly available
(e.g., from a stable web site) under royalty-free terms at reasonable
and non-discriminatory cost.
   3. Patents: All patents essential to implementation of the standard MUST:
          * be licensed under royalty-free terms for unrestricted use, or
          * be covered by a promise of non-assertion when practiced by
open source software
   4. No Agreements: There MUST NOT be any requirement for execution
of a license agreement, NDA, grant, click-through, or any other form
of paperwork to deploy conforming implementations of the standard.
   5. No OSR-Incompatible Dependencies: Implementation of the standard
MUST NOT require any other technology that fails to meet the criteria
of this Requirement.

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