The NASA license may be unconstitutional? Re: For Approval: NASA Open Source Agreement Version 1.1

2004-02-12 Thread Andy Tai
The NASA license as proposed may be against the law in
many locations.  For example, in Taiwan the
Constitution of the Republic of China is the supreme
law of the land.  The NASA license demands that it is
governed by US Federal Law, which conflicts with the
ROC's sovereignty and copyright laws and this
requirement is unconstitutional.  

The same probably is true for most locations outside
the US.

--- Bryan Geurts [EMAIL PROTECTED] wrote:
 This Email was prepared in satisfaction of OSI
 Certification Process Step 
 
  ii.  Federal Statute mandates that the U.S.
 Government can only be 
 held subject to United States federal law.  See 5.C.
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Re: Court Forces SCO to Show Code Within 30 Days

2003-12-07 Thread Andy Tai
Mr. Rosen, you did not mention the source of the
article anywhere... 

--- Lawrence E. Rosen [EMAIL PROTECTED] wrote:
 Court Forces SCO To Show Code Within 30 Days
 SCO claims it still intends to file copyright case
 
 
  9:19 PM EST Sat., Dec. 06, 2003
 
 IBM won a significant legal victory on Friday after
 a Utah judge forced The
 SCO Group to show within 30 days the Linux code 
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Re: For Approval: Open Source Software Alliance License

2003-09-24 Thread Andy Tai

For your purpose, the BSD or the MIT license is better
than the OSSAL, which impose on businesses the burden
of not being able to use GPL code for their purposes.

Hopefully you will not force the FreeBSD project to
adapt your license.

--- Sean Chittenden [EMAIL PROTECTED] wrote:
 DISCUSSION:
 The Open Source Software Alliance (hereafter
 known as OSSAL), is
 designed to be a business friendly Open Source
 Software license that
 encourages businesses to release or make use of
 OSSAL software (OSSAL
 is a BSDL-like license).  The intent of OSSAL is
 akin to the phrase,
 if you scratch my back, I'll scratch your back. ...
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Re: For Approval: Creative Commons Attribution-NonCommercial License

2003-09-18 Thread Andy Tai
This is not your license (made by you).

How can you submit other people's license for
approval?

--- Zoe [EMAIL PROTECTED] wrote:
 Hello,
 
 I would like to submit the Creative Commons
 Attribution-NonCommercial 
 License for review toward approval:
 
 http://creativecommons.org/licenses/by-nc/1.0/
 
 Thank you for your consideration.
 
 Z.
 
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Re: license idea (revised)

2003-07-16 Thread Andy Tai
Maybe you are looking for is the AGPL, 

http://www.affero.org/oagpl.html

?


--- Ryo Chijiiwa [EMAIL PROTECTED] wrote:
 
 I have since reassessed my needs, and here is a
 revised proposal.
 
 Would it be possible to have a license identical to
 the GPL, except one
 which has provisions for deployment of software,
 rather than the
 distribution of binary executables?  Web-base
 applications written in
 languages like PHP do not have binary distributions.
  However, the act
 of deploying web applications, that is, the act of
 making a software
 available for use by others, is analogous to the
 distribution of
 compiled binaries.   As such, I believe
 web-applications should be
 warranted similar provisions as those offered to
 binary executables
 under the GPL.
 

=
Andy Tai, [EMAIL PROTECTED]
Free Software: the software by the people, of the people and for the people! Develop! 
Share! Enhance! Enjoy!
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Re: BSD for toolset, GPL for apps

2003-03-25 Thread Andy Tai
This should be perfectly fine.  Seems Free (libre)
Software is making great progress in medical
applications!

--- Donnal Walter [EMAIL PROTECTED] wrote:
 As an academic physician I am working on a set of
 custom clinical 
 applications using Python and wxPython that I wish
 to make open-source. 
 I have started this project by working on a
 *framework* for such 
 applications (called Mindwrapper), and because
 Python and wxPython both 
 have licenses somewhat similar to BSD, I have
 released the first version 
 of Mindwrapper under a BSD license. My intention is
 to continue 
 development of Mindwrapper using BSD.
 
 OTOH, I would like to use a GPL license for the
 custom clinical 
 applications (the set of which I call Prism) that I
 will develop using 
 Mindwrapper. Is this combination of licenses
 reasonable?
 
 My thinking is this. I want to make sure that the
 clinical (Prism) 
 programs always remain free, but I don't especially
 care if the 
 (Mindwrapper) tool set is used as part of a
 proprietary product. What I 
 clearly do want is for other Python and wxPython
 developers to feel 
 comfortable contributing to Mindwrapper, and my
 clear sense is that most 
 of them prefer BSD-style over GPL-style licenses.
 
 Donnal Walter, M.D.
 Arkansas Children's Hospital


=
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Re: Open Source Business Found Parasitic, and the ADCL

2003-03-16 Thread Andy Tai
Maybe you shall try to get your software to be
acceptable according to the Debian Free Software
Guidelines.  When your software can be accepted into
Debian GNU/Linux, you shall find no objections to your
software on this list.  Debian is where the real test
is.


--- [EMAIL PROTECTED] wrote:
 Dear list:
 
 You've been very helpful in shaping up my
 controversial draft, including 
 purging it from essential faults. Henceforth
 revisions will be available on
 
   groups.yahoo.com/group/softdevelcoop
 
 This site may also serve as the suggested external
 reference for 'liberal 
 source' seekers.
 
 I'll keep defending my views here on the OSI list
 too, until told to stop ;-)
 
 Cheers,
 --MAA
 

---
 This mail sent through NIAAD:
 http://www.niaad.liacc.up.pt/
 
 
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Re: Compatibility of the AFL with the GPL

2003-03-12 Thread Andy Tai
So the AFL no longer applies to the derived work, is
that what you are saying?

So I can do whatever I want with my derived work, from
a AFL work, licensing my derived work in any terms I
want, and people using the derived work will not be 
bound by conditions of the AFL but by my terms only?


--- John Cowan [EMAIL PROTECTED] wrote:
 Brian Behlendorf scripsit:
 
  But but... your AFL terms persist, so I'm not
 really relicensing.  This
  new one-byte-different derivative work is *not*
 under an Apache license -
  one who picks up that code and follows only the
 Apache license may find
  themselves violating your AFL license.  The
 license on my *modification*
  (that whole byte) may be Apache licensed, but not
 the bits derived from
  your original work.
 
 Nope.  The creator of a derivative work under
 license is the copyright owner
 of the derivative work as a whole.  He cannot, of
 course, prevent other people
 from making derivative works based on the same
 original, but he can certainly
 defend his own copyright.  

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Re: Compatibility of the AFL with the GPL

2003-03-12 Thread Andy Tai
Mr. Rosen, why don't you put your statement referenced
below into the AFL, stating that 

You are permitted to create derived work and relicense
such work under any license terms of your choice, and
I waive all my rights in regard to all such derived
work, including the requirements of this license
(AFL).

(where I means the original author or copyright
holder)

This should make the AFL any and all license
compatible without any doubt.

--- Lawrence E. Rosen [EMAIL PROTECTED] wrote: 
 ***Anyone*** is free to take software licensed under
 the AFL and
 re-license it under any license, including licenses
 not containing the
 Mutual Defense provision [to use, copy, modify,
 merge, publish,
 perform, distribute and/or sell copies of the
 Original Work and
 derivative works thereof,...].  In fact, the AFL
 permits anyone to
 freely relicense their derivative work software
 under the GPL.

 
 /Larry Rosen


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Re: Antiwar License

2003-03-02 Thread Andy Tai
War is waged by sovereign governments or outlaws. 
Outlaws do not care about your license; governments
are not subject to your license.  Unless you have a
military more powerful than any other nation's on
earth, so you can wage war on any party not obeying
your license, you cannot enforce your license; thus
the only way you can succeed is if you conquer the
world and rule it according to your wishes.

And we will resist you if you try anything like this.

--- Sergey Goldgaber [EMAIL PROTECTED] wrote:

 Some licenses allow free use of the author's
 software by private
 individuals and non-profits, but require a fee to be
 paid by
 corporations.  Along similar lines, wouldn't it be
 possible to create a
 license prohibiting the use of one's software by the
 military, the
 Defense Department, and military contractors?

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Re: Fwd: Apple GCC source code license (APSL)

2003-01-28 Thread Andy Tai
After a try more than 10 years ago, Steve Jobs does
not dare to do it again.


--- James Michael DuPont [EMAIL PROTECTED] wrote:
 
 I have a question about the APSL :
 http://www.opensource.apple.com/apsl/

 So, that means that the gcc changes are no longer
 under the gpl, but
 under the APSL?
 
 I have downloaded the cvs of the gcc from apple, can
 I create and
 distribute it under the GPL? or only under the APSL?
  
 mike
 
 
 =
 James Michael DuPont
 http://introspector.sourceforge.net/
 
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Re: Questions about publishing translations

2002-12-18 Thread Andy Tai
OSI has no rights to give permissions for works
copyrighted by other people... You need to contact the
authors of the licenses for permission.

The website of the Intellectual Property Office of the
Ministry of the Economic Affairs may be useful, as it
contains copyright laws and related information:

http://www.moeaipo.gov.tw/copyright/copyright_news/copyright_news_main.asp

--- Yale Wu [EMAIL PROTECTED] wrote:

   I have finished translations for all the licenses
 that
 have been proved by OSI. Now I want to publish them
 as a license manual.
 ( many people in my country need it especiall when
 english is hard for them.)
 All the original resources are from
 opensource.org/licenses/.
 I know translation is a kind of derivative work.
 So Could anyone tell me what I should do if I
 publish the translations?
 Must I contact OSI and all the authors of the
 licenses for permission?
 Of course I should place a copyright notice for the
 original work,
 But I don't know what format I should use, could
 anyone give me advices?
 
 Yale Wu
 Dec 19, 2002
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license name arrogance Re: Academic Free License

2002-08-21 Thread Andy Tai

Common Free Software/Open Source license names are
generally specific or unofficially named.  BSD and MIT
licenses are named (customarily) from the school or
project names.  GPL is commonly referred to as such
but RMS/GNU always insisted the official name is GNU
GPL.  

Now, Mr. Rosen prefers to name his licenses in a
grandiose fashion.  Academic Free License and Open
Software License.  These give the impression that
such licenses are official or superior in some way, as
endorsed officially by the OSI. These licenses are
better named (for example) Rosenlaw Academic Free
License and Rosenlaw Open Software License.  The
OSI should encourage specific license names unless a
license is a product of wide community consent. Just a
suggestion.

--- Lawrence E. Rosen [EMAIL PROTECTED] wrote:
 I have modified the Academic Free License to remove
 the word
 sublicense from the copyright grant.  The new
 version, numbered as
 version 1.1, is now posted to
 www.rosenlaw.com/afl.html.
 
 It is best for open source licenses not to be
 sublicenseable 
 
 I request the OSI board to approve that revised
 version.
 
 /Larry Rosen
 
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Re: Open Software License version 1.0

2002-07-28 Thread Andy Tai

What is Open software?  Maybe a more specific name
should be used...

So open software license can be applied to other
than software.  Then why is it called a software
license?  GPL can be applied to other things too, see
the WebGPL.

Should the OSI stay out of the license publishing
game?  OSI judges licenses are Open Source or not. 
OSI should not itself get into the license making
business.
(This license says it is published by the OSI)

The license is not GPL compatible---trying to create
another body of code copylefted under its own
conditions---not good for the community.

--- Lawrence E. Rosen [EMAIL PROTECTED] wrote:
 Attached for your review is version 1.0 of the Open
 Software
 License (OSL).  I am submitting the OSL to Open
 Source
 Initiative for its approval.  
 
 The OSL is intended to serve the same functions as
 the GPL
 except that it is a contract, and to be interpreted
 under
 contract law, rather than a copyright license.  


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Re: copyleft lite?

2002-07-13 Thread Andy Tai

These terms will make it not GPL compatible because
the GPL is not identical to these terms. Maybe
something like the source code (including any
modifications) must be made available to the
recipients under these terms or the terms of the GNU
General Public License...


--- Bruce Dodson [EMAIL PROTECTED] wrote:
 I'm trying for a simple, easy-to-read license with
 some degree of copyleft.
 I hope it will be compatible with the GPL also. 

 __
 
 
 
 LICENSE AGREEMENT:
 
 When you
   distribute this software outside your
 organization, the source
   code (including any modifications) must be made
 available to the
   recipients under these license terms.


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Re: UnitedLinux and open source

2002-06-14 Thread Andy Tai

Free software means a well defined set of software. 
Whatever you define is not relevant, if it is not
compatible with the well accepted meanings of the
community.  Software libre, software livre, Tzi4-Yu2
Ran3-Ti3, etc., all are names for the same thing in
different languages of the world.  The fact that you
do not speak Spanish, etc., is not a valid
justification for attacks on the term Free (libre)
software or the refusal to use it, or the claim that
OSI certification is a sufficient substitution for
Free Software. The concept is independent of the
weakness of the English language lacking a clear term
for libre.

In fact, the English-speaking population should be
responsible for adapting a word into the language if
no sufficient words exist at the present.  English
borrowed from other languages throughout history, why
cannot it do so again?   There is really no reason the
rest of the world should suffer the confusion over
Free Software vs. Open Source just because of
English.
 
--- Russell Nelson [EMAIL PROTECTED] wrote:
 John Cowan writes:
   The above program is not free software: see
  

http://www.gnu.org/licenses/license-list.html#ArtisticLicense
 .
 
 You are presuming two things:
   1) that a lack of acceptance is the same thing as
 rejection, and
   2) that RMS defines free software.  The term was
 in wide use
  before RMS came along.
 
 Anybody can call anything free software.  Microsoft
 gives away free
 software (and calls it such).  Free software is
 essentially
 meaningless, which is why OSI Certification of Open
 Source Software
 exists.
 
 Here's what I call free software:
...
 
 Please note that the GPLv2 does not provide all
 those freedoms.  In my
 book, the GPLv2 isn't a free software license, and
 the GPLv3 that I've
 seen is even less of a free software license.
 
 -- 
 -russ nelson  http://russnelson.com | 
 Crynwr sells support for free software  | PGPok | 
 

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Re: UnitedLinux and open source

2002-06-07 Thread Andy Tai

Ah-haa... See the problem with the name Open Source?
I hope people in Brazil you just use the name
software livre for Open Source and avoid all the
problems in the English language.  I hope the OSI
adapts the name software libre and software livre
as the official translation of the term Open Source in
Spanish and Portuguese and avoid any literal
translation of Open Source in these languages.

If the software is livre, in spirit, it should be
libre whether it is in binary or source.  I can share
binaries or source with my neighbor.



--- Rodrigo Barbosa [EMAIL PROTECTED] wrote:
 On Thu, Jun 06, 2002 at 03:14:08PM -0700, Andy Tai
 wrote:
  Hmmm... 
  Ransom Love loves to hold Linux binaries for
 ransom. 
 Lemme see if I got this right.
 
 Holding the BINARIES is agains the spirit of open
 SOURCE ?
 
 Isn't that a little contradictory ? The source is
 open, after all, isn't it ?
 
 -- 
  Rodrigo Barbosa   - rodrigob at
 tisbrasil.com.br
  TIS - Belo Horizonte, MG, Brazil
  Quis custodiet ipsos custodes?  -
 http://www.tisbrasil.com.br/
  Brainbench Certified - Transcript ID #3332104
 
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Re: UnitedLinux and open source

2002-06-07 Thread Andy Tai

I know everything you are saying.  Based on 
John Maddog Hall's story
http://www.linuxjournal.com/article.php?sid=6129mode=threadorder=0

it seems in Brazil, Software Livre  Código Aberto
already by a large margin.

--- Rodrigo Barbosa [EMAIL PROTECTED] wrote:
  
 Free Software (fsf.org) and Open Source
 (opensource.org) are
 completly different matters. 
 Some portuguese translations:
 
 Free Software (as in fsf.org/gnu.org) - Software
 Livre
 Open Source (as in opensource.org)- Código
 Aberto
 
 
 On Fri, Jun 07, 2002 at 12:04:51PM -0700, Andy Tai
 wrote:
  Ah-haa... See the problem with the name Open
 Source?
  I hope people in Brazil you just use the name
  software livre for Open Source and avoid all the
  problems in the English language.  I hope the OSI
  adapts the name software libre and software
 livre
  as the official translation of the term Open
 Source in
  Spanish and Portuguese and avoid any literal
  translation of Open Source in these languages.
  


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Re: UnitedLinux and open source

2002-06-06 Thread Andy Tai

Hmmm... 
Ransom Love loves to hold Linux binaries for ransom. 
Whether that follows the OSD or not, the community
should actively oppose Ransom Love, because holding
binaries for ransom is contrary to the spirit of open
source.  Hopefully the community leaders like Mr.
Perens and the OSI can publicly issue statements
opposing Ransom's plan.


--- Ned Lilly [EMAIL PROTECTED] wrote:
 Saw this interview with Ransom Love, Caldera CEO
 (http://zdnet.com.com/2100-1104-928704.html) and was
 wondering about this exchange:
 
 --
 
 Q: So UnitedLinux will remain an open-source
 project?
 
 A: Absolutely. The only difference is that the
 UnitedLinux binaries will not freely distributed.
 People will be able to download the source code and
 compile their own binaries, but they will not be
 able to use the UnitedLinux brand. 
 
 --
 
 Does that square with a) the GPL, and/or b) the OSI
 definition?
 
 I posed a similar question about restricting the
 distribution of binaries on this list several months
 ago, and got an earful.  Am I missing something?
 
 Thanks,
 Ned Lilly
 
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Re: LUCENT TECHNOLOGIES INC. MICROMONITOR SOFTWARE PUBLIC LICENSE AGREEMENT

2002-03-15 Thread Andy Tai

Whether a license is OSI-approved does not address
these issues...

--- David Christensen [EMAIL PROTECTED]
wrote:
 However,
 there are some clauses
 in the license which give me concern (patent
 entanglements, license
 entanglements, revocation upon litigation, etc.). 
  
 I am hoping that the experts at OSI will evaluate
 the MicroMonitor
 license and render a decision

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Re: Discuss: BSD Protection License

2002-03-12 Thread Andy Tai

--- Colin Percival [EMAIL PROTECTED]
wrote:
 At 20:07 11/03/2002 -0800, Andy Tai wrote:
 While this license probably is open source, it is
 misnamed (by using the term BSD in its name
 
Of course this isn't a BSD license; if I wanted a
 BSD license, I'd be using the BSD license.

Then please don't use BSD in the license name.  It
confuses people.


I maintain, however, that it incorporates the
 spirit
 of BSD

Except with restrictions.  That goes against the BSD
spirit.

The only point in this license seems to be the GPL
incompatibility.  And you then blame the GPL?  If the
GPL is guilty of anything, then you are guilty of
the same.

So this license creates walls in open source code
and divides the community, on purpose.  Maybe this
license should be discouraged just for this.

The fault, IMHO, for this license being
 incompatible
 with the GPL lies entirely with the GPL,  Colin
Percival
 
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Re: Discuss: BSD Protection License

2002-03-11 Thread Andy Tai

While this license probably is open source, it is
misnamed (by using the term BSD in its name).  It is
not a BSD license because it does NOT always permit
improvements to be used wherever they will help,
without idealogical or metallic constraint. For
example, it does not allow the use of such code in
GPLed software.

The spirit of BSD is to allow the code to be used by
anyone, for virtually any purpose.  For example, Bill
Gates can use the code in proprietary software, and
Linus Torvalds can use the code in GPLed software. 
This BSD Protection license carries extra constraints
that limit the freedom of other people to use such
code.  It is not BSD, although Craig Mundie would love
it. Anti-GPL is not the spirit of BSD.

(One could even say this license is not open source
because it discriminates against people doing GPL
development, but this argument may not be very
strong.)

--- Colin Percival [EMAIL PROTECTED]
wrote:
 [ Please discuss this license.  Is he reinventing
 the LGPL? ]
 
I submit for your consideration the BSD
 Protection License, as found 
 at

http://web.comlab.ox.ac.uk/oucl/work/colin.percival/source/BSDPL.html
(A plaintext version can be found by s/html/txt/
 on the URL.)
 
Feel free to redistribute this as relevant (eg to
 license-discuss); I 
 have no desire to remain anonymous (and the URL
 would identify me anyway).
 
The included preamble should clarify the purpose
 of this license, but to 
 summarize briefly, this license has a GPL flavour
 and a BSD spirit, and 
 exists in order to allow closed source use of
 licensed code, while 
 protecting the code from having that freedom
 removed.
 
 Colin Percival
 
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Re: Squeak License OSD-compliance

2002-02-26 Thread Andy Tai


Hope you can make the Squeak license GNU GPL
compatible.  That will make Squeak useful to a lot of people.

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Re: Is the Guile license OSI approved?

2001-11-29 Thread Andy Tai

Given the history of Free Software and Open Source
(that Open Source is a marketing name (Bruce Perens)
or marketing program (Eric Raymond) for Free
Software), can there be any question that a software
license the Free Software Foundation published is not
Open Source?

FSF may never seek OSI approval for its licenses (the
source needs no approval from the derivative), but
implicitly any GNU software license is Open Source... 

--- Martin Wolters [EMAIL PROTECTED] wrote:
 To whom it may concern:
 
 You can find a few open source projects on the web
 that use the so 
 called guile license which is the GPL + the
 following paragraph:
 
 
  As a special exception, if you link this
 library with other files
  to produce an executable, this library does
 not by itself cause
  the resulting executable to be covered by the
 GNU General Public
  License. This exception does not however
 invalidate any other
  reasons why the executable file might be
 covered by the GNU
  General Public License. 
 
 
 Example project: 
 http://www.gnu.org/software/classpathx/jaxp/
 
 I expect, that software which uses this kind of
 license is still OSI 
 certified although the license does not appear on
 the list of OSI 
 approved licenses. Is this a correct assumption?
 
 -Martin W.


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model for Apache Re: FYI: New revision of the Zope Public License

2001-11-21 Thread Andy Tai

Hope this license can be a model for the Apache
license to follow/emulate/envolve to. (Yes, Apache can
follow Zope)

 * Paul Everitt [EMAIL PROTECTED] [011121 16:41]:
  
  Hello to all.  We at Zope Corporation have
 finished a final draft of a 
  major update to the Zope Public License:
  
http://www.zope.org/Resources/ZPL2.0-Draft
  
  This license was derived from the previous ZPL 1.0
 (and 1.1) license, 
  which received an OSI stamp of approval almost two
 years ago, before the 
  OSI started this more official process.  The
 original ZPL was very close 
  in spirit to the Apache license.
  
  The major goal of the license change has been to
 become GPL compatible. 

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license-discuss archive is at http://crynwr.com/cgi-bin/ezmlm-cgi?3



Cygwin license (GPL + exception) question

2001-09-10 Thread Andy Tai

The RedHat Cygwin (gnuwin-32) library is licensed
under the GNU GPL, with the exception (additional
permission) that it is ok to link Cygwin with any
software under a license that fits the Open Source
Definition, without the software forced to be under
the GPL.  This seems to be a very desirable way to
solve the code sharing problem due in incompatible
licenses.  

However, if a case rises that someone links Cygwin
with software under a license that he claims is Open
Source, and others think it is not, so there is a
lawsuit, how can this be resolved?  Can the OSI be
counted to provide support for proving the license is
not Open Source? Or the OSI does not have the resource
to get involved in this case where OSI is just a third
party? Or will the court refuse to even recognize the
OSI has such power? After all, the Open Source
definition is not a legal document.

The same question can be asked if the exception is to
allow linking to software that fits the Debian Free
Software Guidelines, or to allow linking to software
that is Free as defined by the Free Software
Foundation.  Both the Debian Project and the FSF may
not have the will or the resource or the legal
standing to get involved.

=
Andy Tai, [EMAIL PROTECTED], +1 408 943 0287, +1 408 393 6370

Dept of ECE, UC San Diego, La Jolla, CA 92093-0407, USA
[EMAIL PROTECTED]

Free Software: the software by the people, of the people and for the people! Develop! 
Share! Enhance! Enjoy!

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