Got it, thank you for the clarification.

Thanks,
Cem Karan

> -----Original Message-----
> From: License-discuss [mailto:license-discuss-boun...@opensource.org] On 
> Behalf Of Luis Villa
> Sent: Tuesday, January 10, 2017 2:01 PM
> To: license-discuss@opensource.org
> Subject: Re: [License-discuss] [Non-DoD Source] notes on a systematic 
> approach to "popular" licenses
> 
> I may not have been clear - under this proposal, the "special purpose 
> licenses" category would continue to exist, and could be used for
> licenses like the ones you describe, Cem. Same with categories with more 
> negative connotation, like "redundant", non-reusable,
> superseded, etc.
> 
> 
> It's not entirely clear what level of scrutiny should be applied to new 
> licenses proposed in these older categories. I tend to think less
> (reserving the highest scrutiny for those proposed as significantly 
> innovative general-purpose licenses), but Richard may tend to think
> more, and I've not thought it through very carefully.
> 
> 
> Luis
> 
> 
> On Tue, Jan 10, 2017 at 10:28 AM Karan, Cem F CIV USARMY RDECOM ARL (US) 
> <cem.f.karan....@mail.mil < Caution-
> mailto:cem.f.karan....@mail.mil > > wrote:
> 
> 
>       I agree with the idea of this, but there will always be niche licenses 
> that are needed and won't make it into the popular list.  E.g.,
> licenses that can be used on public domain software (like US Government 
> works, which generally don't have copyright).  These will need
> to be handled carefully, as for some of us these are the only licenses we're 
> permitted to use, but we'd still like to be Open Sourcing our
> stuff.  So, is there a method of weighting the list based on unavoidable 
> factors?
> 
>       Thanks,
>       Cem Karan
> 
>       > -----Original Message-----
>       > From: License-discuss 
> [Caution-mailto:license-discuss-boun...@opensource.org < 
> Caution-mailto:license-discuss-
> boun...@opensource.org > ] On Behalf Of Luis Villa
>       > Sent: Tuesday, January 10, 2017 11:08 AM
>       > To: License Discuss <license-discuss@opensource.org < 
> Caution-mailto:license-discuss@opensource.org > >
>       > Subject: [Non-DoD Source] [License-discuss] notes on a systematic 
> approach to "popular" licenses
>       >
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>       >
>       >
>       > Hey, all-
>       >
>       > I promised some board members a summary of my investigation in 
> '12-'13 into updating, supplementing, or replacing the
> "popular
>       > licenses" list. Here goes.
>       >
>       >
>       > tl;dr
>       >
>       > I think OSI should have an data-driven short license list with a 
> replicable and transparent methodology, supplemented by a new-
> and-
>       > good(?) list that captures licenses that aren't yet popular but are 
> high quality and have some substantial improvement that
> advances the
>       > goals of OSI.
>       >
>       >
>       > Purposes of non-comprehensive lists
>       >
>       > If you Google "open source licenses", OSI pages are the top two hits. 
> Historically, those pages were not very helpful unless you
> already
>       > knew something about open source. Having a shorter "top" list can 
> help make the OSI website more useful to newcomers by
> suggesting a
>       > starting place for their exploration and education about open source.
>       >
>       > In addition, third parties often look to OSI as a trusted (neutral?) 
> source for "top" or "best" licenses that they can incorporate
> into
>       > products. (The full OSI-approved list is not practical for many 
> applications.) For example, if OSI had an up-to-date short list, it
> might have
>       > been the basis for GitHub's license chooser.
>       >
>       >
>       > A list that is purely based on popularity would freeze open source in 
> a particular time, likely making it hard for new licenses with
>       > important innovations to get adoption. However, a list based on more 
> subjective criteria is hard to create and update.
>       >
>       >
>       > Past attempts
>       >
>       > The proliferation report attempted to address this problem by 
> categorizing existing licenses. These categories were,
> intentionally or not,
>       > seen as the "popular or strong communities list" and "everything 
> else". Without a process or clear set of criteria to update the
> "popular"
>       > list, however, it became frozen in time. It is now difficult to 
> credibly recommend the list to newcomers or third parties (MPL 1.1
> is
>       > deprecated; no mention of Blackduck #4 GPL v3; etc.).
>       >
>       >
>       > There was also substantial work done towards a license "chooser" or 
> "wizard". However, this runs into some of the same
> problems - either
>       > the chooser is opinionated (and so pisses off people, and potentially 
> locks the licenses in time) or is borderline-useless for
> newcomers
>       > (because it still requires substantial additional research after 
> using it).
>       >
>       >
>       > Data-driven "popular" list
>       >
>       >
>       > With all that in mind, I think that OSI needs a (mostly) data-driven 
> "popular" shortlist, based on a scan of public code +
> application of
>       > (mostly?) objective rules to the outcome of that scan.
>       >
>       >
>       > To maintain OSI's reputation as being (reasonably) neutral and 
> independent, OSI should probably avoid basing this on third-
> party license
>       > surveys (e.g., Black Duck < 
> Caution-Caution-https://www.blackducksoftware.com/top-open-source-licenses < 
> Caution-
> https://www.blackducksoftware.com/top-open-source-licenses >  > ) unless 
> their methodologies and data
>       > sources are well-documented. Ideally someone will write code so that 
> the "survey" can be run by OSI and reproduced by others.
>       >
>       > Hard decisions on how to collect and "process" the data will include:
>       >
>       >
>       > *     choice of data sources: What data sources are drawn on? Key 
> Linux distros? GitHub? per-language repos like maven, cpan,
> npm,
>       > etc?
>       >
>       > *     what are you counting? Projects? (May favor small, throwaway 
> projects?) Lines of code? (May favor the largest, most
> complex
>       > projects?) ... ?
>       >
>       > *     which license tools? Some scanners are more aggressive in 
> trying to identify something, while others prefer accuracy over
>       > comprehensiveness. In 2013 there was no good answer to this, but my 
> understanding is that fossology now has three different
> scanners,
>       > so for OSI's purposes it may be sufficient to take those three and 
> average.
>       >
>       >
>       >       *       Could throw in Black Duck or other non-transparent 
> surveys as a fourth, fifth, etc.?
>       >
>       >
>       > *     new versions? If a new version exists but isn't widely adopted 
> yet, how does the list reflect that? e.g., MPL 1.1 still shows up
> in
>       > Black Duck's survey; should OSI replace 1.1 with 2.0 in the 
> "processed" list? What about GPL v2 v. v3? BSD/MIT v. UPL?
>       > *     gaps/"mistakes": What happens when the board thinks the data is 
> incorrect? :) e.g., should ISC be listed?
>       >
>       >
>       > Part of why we didn't go very far in 2013 is because there are no 
> great answers for these - different answers will reflect
> different values,
>       > and have different engineering impact. They're all hard choices for 
> the board, the developers, hopefully license-discuss, and
> perhaps a
>       > broader community.
>       >
>       >
>       > Hat tip: Daniel German was invaluable to me in thinking through these 
> questions.
>       >
>       >
>       > Supplementing with high-quality, value-adding options
>       >
>       > To encourage progress, while still avoiding proliferation, I'd 
> suggest a second list of licenses that are good but not (yet?) popular.
> "Good"
>       > would be defined as something like:
>       >
>       >
>       > 1.    meets the OSD
>       >
>       > 2.    isn't on the data-driven popularity list
>       >
>       > 3.    drafted by an attorney (at minimum) or by a collaborative, 
> public drafting process with clear support from a sponsoring-
>       > maintaining organization (ideal)
>       > 4.    has a new "feature" that is firmly in keeping with the overall 
> goals of open source and can be concisely explained in a few
>       > sentences (e.g., for UPL, "GPL-compatible permissive license with 
> explicit patent grant")
>       >
>       >
>       >       1.      but not "just for a particular community" - has to be 
> at least plausible applicable to most open source projects
>       >       2.      this is unavoidably subjective; suggest having it fall 
> to the board with pre-discussion on license-review.
>       >
>       >
>       > #4 allows for some innovation (and OSI support of such innovation) 
> while #3 applies a quality filter. (Both #3 and #4 have anti-
>       > proliferation effects.) Hopefully licenses that meet #3 and #4 would 
> eventually move into #2, but you could imagine placing a
> time limit
>       > on this list; if you're not in the top 10 most popular within five 
> years, then you get retired? But not sure that's a good idea at all
> - just
>       > throwing it out as one option.
>       >
>       >
>       > If a new license meets #1, but not #3 and #4, then OSI's formal 
> policy should be to approve, but bury it in one of the other
> proliferation list
>       > groups. (Those groups are actually quite good, and should be fairly 
> non-controversial — once you have a good policy for what
> gets in the
>       > more "favored" groups.) I don't think a new "deprecated" group is 
> necessary - the proliferation categories are basically a good
> list of that
>       > already.
>       >
>       > This is still a somewhat subjective process, and if it had been in 
> place in '99-'06, it would have been fairly fraught. However, I
> think most of
>       > the "action" in open source organization has moved on to other areas 
> (e.g., foundation structure, CoCs, etc.), and the field has
> matured in
>       > other ways, so I think this is now a practicable approach in ways it 
> would not have been a decade or even five years ago.
>       >
>       >
>       > Miscellaneous notes
>       >
>       > *     I don't recommend merely updating the existing "popular and..." 
> list through a subjective or one-time process. The politics
> of that
>       > will be messy, and without a documented, mostly-objective, 
> data-driven method, it'll again become an outdated mess.
>       >
>       > *     The OSD should probably be updated. At the least this should be 
> by addressing things like whether a formal patent grant is
>       > required of new licenses; more ambitiously it might follow Open Data 
> Definition 2.x < Caution-Caution-
> http://opendefinition.org/od/2.1/en/ < 
> Caution-http://opendefinition.org/od/2.1/en/ >  >  by
>       > splitting out open licenses from open works.
>       >
>       > *     With SPDX and Fedora providing more comprehensive lists of FOSS 
> licenses, it might make sense for OSI to link to those as
>       > "extended" resources, to reduce pressure from obscure license authors 
> to get their license approved.
>       > *     The biggest pressure on this process will continue to be 
> licenses that try to open up space for new commercial business
> models
>       > (e.g., Fair Source). The more OSI can write/document/buttress OSD #1, 
> the better.
>       > *     I used to think a license wizard was a good idea, but I don't 
> any more. I thought copyleft spectrum was really the only
> important
>       > decision-making factor, which made the idea plausible, but 
> non-copyleft factors matter much more than I once thought, and
> make
>       > simplifying to a "wizard" too hard for OSI (though perhaps still 
> plausible for a third party).
>       >
>       > *     Documentation of what the copyleft spectrum is, what the key 
> licenses on it are, and what other factors might be relevant,
> is still
>       > a good idea, but are secondary to getting the basic lists right.
>       >
>       > HTH-
>       >
>       > Luis
>       >
> 
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