Indeed, the fact that OSCHA continues to promote PrimaCare despite it not being either Open Source or Libre Software is a serious problem.
I am sympathetic to your need to make an organization work, and would probably not have complained about some of the other things that Tim has mentioned, but continuing to mention Primacare in the same breath as OpenMRS is complete violation on your role within OSCHA. Your last justification on this list was that essentially your role as a leader in OSCHA was not in conflict with your role with Primacare. You held "As for my role in OSHCA and other organisations, I wish to have the liberty to advocate beyond supporting and promoting open source softwares." However, you are now doing exactly what we were concerned about, using OSCHA as a platform for advocating a proprietary application. I have never heard of IOSN before but I already like them, the introduction page to there conference states: "An appreciation of what open source software might offer health informatics is gradually developing. The fact that the software is free is plainly a major attraction. " In short this organization is supporting FOSS, they used both the terms "free" and open source in a reasonable manner. Molly *in her role as a representative of OSCHA* is promoting Primacare to this organization as open source software, see the quote below. >> > (e.g. CHITS) a disaster management system (like SAHANA), a primary >> > care ehr system (like OpenMRS, PrimaCare), open source HL7 enabling >> > system like the MIRTH project etc. This needs be corrected. Here are Molly's options as I see them. 1. Resign from any leadership role in OSCHA 2. Release Primacare under an approved FOSS license 3. Publish a webpage on all of the Primacare sites clarifying that it "uses a FOSS stack" but it is not Open Source or "Free/Libre" software. Otherwise, I will be forced to publish something to the effect of #3 myself. This is not an academic question. Here is a link to the Primacare license: http://202.9.99.46:84/en/license.html Representing this as a license that respects freedom, to those who are interested in this issue of freedom respecting software in medicine is simple deception. For the record, here is a copy of the text of the license in question. User License Agreement for PrimaCare 4 IMPORTANT & "READ CAREFULLY: This End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and PCDOM . for the PCDOM PrimaCare Software that accompanies this EULA, which includes any associated files and Internet-based services. BY USING THIS SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS EULA. 1. GRANT OF LICENSE. This license is a non-transferable, limited use of the software which governs the legal use of PCDOM PrimaCare (funded by DAGS) in the clinic premises of the licensed user only. PCDOM grants you the following rights provided that you comply with all terms and conditions of this EULA: 1.1 Installation and use. You may install and use the software only in the stated premises whose address is shown below. 1.2 PCDOM may publish revised and/or new versions of the license from time to time. Each version will be given a distinguishing version number. This EULA shall apply to all subsequent versions of this software. 1.3 License Grant for Documents and Materials in the Software. The Software may include documents and CPG. You may copy and modify the document templates available as part of the Software. You may not sell, resell, license, rent, lease, lend, or otherwise transfer for value, the documents and materials. 1.4 License Grant for Documentation. The documentation that accompanies the Software is licensed for internal, non-commercial reference purposes only. 1.5 Distribution of the Software. Redistribution and reproduction in source and binary forms, with or without modification, is currently strictly prohibited. 1.6 This license is dependant on the requirements in the Agreement (N0: NITC/209/26) dated 24th May 2001 signed between MIMOS BERHAD, on behalf of the Government of Malaysia and Primary Care Doctors' Organization Malaysia under the Demonstrator Application Grant Scheme (DAGS). 2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS. You may not use any PrimaCare related Internet-based services associated with the Software in any manner that could damage, disable, overburden, or impair such services or interfere with any other party's use and enjoyment of them. You may not attempt to gain unauthorized access to any service, account, computer systems or networks associated with the Internet-based services. 3. RESERVATION OF RIGHTS AND OWNERSHIP. PCDOM reserves all rights not expressly granted to you in this EULA. The Software is protected by copyright and other intellectual property laws and treaties. PCDOM or its suppliers own the title, copyright, and other intellectual property rights in the Software. The Software is licensed, not sold. The name "PCDOM" and "PrimaCare" must not be used to endorse or promote products derived from this software without prior written permission. For written permission, please contact [EMAIL PROTECTED] This EULA does not grant you any rights to trademarks or service marks of PCDOM. 4. NO RENTAL/COMMERCIAL HOSTING. You may not rent, lease, lend or provide commercial hosting services with the Software. 5. CONSENT TO USE OF DATA. You agree that PCDOM may collect and use non-medical (technical) information gathered as part of the product support services provided to you, if any, related to the Software. PCDOM may use this information solely to improve our products or to provide customized services or technologies. Unless expressly approved by you via written consent, PCDOM will not disclose this information in a form that personally identifies you to third parties. 6. ADDITIONAL SOFTWARE/SERVICES. This EULA applies to updates, supplements, add-on components, or Internet-based services components, of the Software that PCDOM may provide to you or make available to you after the date you obtain your initial copy of the Software, unless they are accompanied by separate terms. PCDOM reserves the right to discontinue Internet-based services provided to you or made available to you through the use of the Software. 7. TERMINATION. Without prejudice to any other rights, PCDOM may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the Software and all of its component parts. 8. DISCLAIMER OF WARRANTIES. THIS SOFTWARE IS PROVIDED UNDER THE PCDOM PRIMACARE PROJECT "AS IS."ANY DATA DISCREPENCIES DUE OR ANY EXPRESSED OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE PCDOM DEVELOPMENT TEAM OR ITS CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. WE STRONGLY DISCOURAGE AGAINST UNAUTHORISED MODIFICATIONS OF THE SOURCE CODE. 9. ENTIRE AGREEMENT; SEVERABILITY. This EULA (including any addendum or amendment to this EULA which may be included with the Software) is the entire agreement between you and PCDOM relating to the Software and the support services (if any) and they supersede all prior or contemporaneous oral or written communications, proposals and representations with respect to the Software or any other subject matter covered by this EULA. To the extent the terms of any PCDOM policies or programs for support services conflict with the terms of this EULA, the terms of this EULA shall control. If any provision of this EULA is held to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force and effect. -- Fred Trotter http://www.fredtrotter.com
