without to decide who is right and who not:

enforcing having at least one licence in the package.json or/and to have a 
corresponding file in the root would make live easier for all of us.



Am 27.03.2013 um 18:14 schrieb Isaac Schlueter <[email protected]>:

> 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.
> 
> 
> 
> On Wed, Mar 27, 2013 at 10:00 AM, Dick Hardt <[email protected]> wrote:
>> Actually, that is not true. There are several MIT licenses, so unless the
>> actual license text is included, it is ambiguous what the license is:
>> 
>> http://en.wikipedia.org/wiki/MIT_License#Various_versions
>> 
>> Having a LICENSE file in the package makes it clear what the license is, or
>> alternatively stating the full license in the README.md
>> 
>> -- Dick
>> 
>> On Mar 27, 2013, at 9:55 AM, Austin William Wright
>> <[email protected]> wrote:
>> 
>> A license is something that is granted by the author at distribution-time,
>> it need not be included in the package contents. If an author wholly owns
>> the copyright on their work, they can offer the program to you under any
>> license they want, regardless of what the file inside the repository or
>> package says.
>> 
>> So that paragraph doesn't actually, really, do anything - it's not a
>> clause/stipulation (that is to say, it has no "teeth"). Granted that the
>> author is able to make the full text of the license available upon request,
>> a package that the author says is MIT licensed, even without including the
>> full text, is still MIT licensed.
>> 
>> On Wednesday, March 27, 2013 9:12:03 AM UTC-7, kapouer wrote:
>>> 
>>> Hi,
>>> saying the author's work is MIT licensed is not enough,
>>> the full text of the license must be there too, as written
>>> in its second paragraph :
>>> 
>>> The above copyright notice and this permission notice shall be
>>> included in all copies or substantial portions of the Software.
>>> 
>>> I write this here because i see countless node modules in this case,
>>> whose authors probably believe their software to have a very liberal,
>>> free, and open-source license - but they have de facto no license at all.
>>> 
>>> Jérémy.
>>> 
>>> PS: because i see one module per day in this situation
>> 
>> 
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