So much silly posturing on this thread. If it's an issue with a specific
module post a bug in their issue tracker on github (or even better, a pull
request). Posting a generic "please EVERYONE check your hundreds of
modules" on here isn't going to fix anything.


On Wed, Mar 27, 2013 at 2:49 PM, Mark Hahn <[email protected]> wrote:

> > But may I ask, why is your company listening to these lawyers.
>
> Who should we listen to then?
>
> >  I'm not aware of any case law where someone got in trouble for
> utilizing code published publicly by the author for the purpose of being
> used (though I can imagine it, IF you're re-distributing the code in
> question)
>
> We are only concerned about code we use with our SAAS, which the user pays
> for.  We include twenty-four 3rd-party modules in out app.  And that
> doesn't include all the dependent modules.
>
> >  AND you should have known better.
>
> I am not a lawyer and I can definitely see you aren't either.  The next
> time the highway patrol pulls me over I'll say I didn't know better.  :-)
>
>
>
>
>
> On Wed, Mar 27, 2013 at 9:43 AM, Austin William Wright <
> [email protected]> wrote:
>
>> If a work is creative enough to be covered by copyright (there's no rule
>> for code, but usually anything not straightforward and more than a few
>> lines), then yeah, you need some form of license.
>>
>> But may I ask, why is your company listening to these lawyers.
>>
>> No, really, while they are *technically* correct in what they say,
>> perhaps your company should consider also buying the services of an
>> economist, who would promptly inform you that the expected financial impact
>> is somewhere in the vicinity of a zero to none. And the lawyers should
>> theoretically know that too, I'm not aware of any case law where someone
>> got in trouble for utilizing code published publicly by the author for the
>> purpose of being used (though I can imagine it, IF you're re-distributing
>> the code in question). The author of the package would have to know that
>> you're using the code at all, THEN file a lawsuit, AND ask for damages, AND
>> demonstrate that there's no implied license AND you should have known
>> better.
>>
>>
>> On Wednesday, March 27, 2013 10:22:55 AM UTC-7, Mark Hahn wrote:
>>
>>> Even as a non-lawyer, I can assert that having no mention of any license
>>> at all is a real problem.  My company won't allow any software to be used
>>> without a license.
>>>
>>> By coincidence our lawyers contacted me a few days ago and wanted to
>>> know the licensing for the software we use.  I went to google on every
>>> module and I found four different modules with no mention of any license.
>>>  I sent a request for a license to each author (usually submitting an
>>> issue).
>>>
>>> I am bummed because I have gotten only one response.  I will have to
>>> remove the non-licensed code, replace it, and rewrite my code.  I hate
>>> doing work just for lawyers.
>>>
>>>
>>> On Wed, Mar 27, 2013 at 10:14 AM, Isaac Schlueter <[email protected]> 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.
>>>>
>>>>
>>>>
>>>> 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<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
>>>> > <diamon...@users.**sourceforge.net> 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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