On Wednesday, March 27, 2013 10:14:00 AM UTC-7, Isaac Schlueter wrote:
>
> I had no idea there were so many experienced IP lawyers on this 
> mailing list!  How lucky we are!  It's amazing that you all found time 
> to learn JavaScript, what with going to law school, passing the bar, 
> and then becoming familiar with the massive libraries of case-law on 
> this subject! 
>
> Sadly, I'm not a lawyer, just a simple programmer.  So I'm not an 
> expert on these matters, and as a non-expert, I'm not really 
> comfortable encoding strong opinions in npm on the subject.  This way, 
> npm is a tool, and humans can work out their preferences using it, 
> however they like. 
>
> Depending on who you ask, to be valid/enforceable, a license must be 
> one or more of the following: 
>
> 1. declared in every file 
> 2. declared in any file 
> 3. declared somewhere in a file along with the source 
> 4. mentioned by the author, ever, in any context (even verbally) 
> 5. mentioned along with a link to the full text 
> 6. mentioned by name 
> 7. exist in a database of osi-approved licenses 
> 8. exist in the author's head, even if never mentioned, linked, or 
> printed anywhere else 
> 9. differentiate between variants of the name (ie, "BSD" is not ok, 
> but "BSD-2-clause" is) 
> 10. Nothing.  OSS/Free Software licenses aren't actually enforceable. 
>
> Yes, all of these are real statements that real people have made to 
> me, very confident that they were correct.  Some of those people were 
> lawyers.  Most were just programmers playing pretend.  But as a 
> non-legal-expert myself, I have a hard time telling the difference 
> between a good lawyer, a bad lawyer, and a duck in a lawyer costume. 
>
> npm has a "license" field, and the common pattern is to also put a 
> LICENSE (or LICENCE, for imperials) file in the root of your project. 
> Do whatever you want.  I'm not going to get more involved than that. 
>
> For me, if you send me a pull req with the same BSD license that I put 
> on all my code, I'll accept it without question. 
>
 
Fwiw, options 1-6 are all acceptable methods of receiving a license from a 
copyright holder to use their work.

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