Re: [License-discuss] Boilerplate license text for permissive licenses?

2012-11-27 Thread Jeremy C. Reed
On Tue, 27 Nov 2012, Matthew Flaschen wrote:

 But I don't see how you can remove the placeholder from BSD 3-Clause
 while still having it be the same license.  The original says, Neither
 the name of the University nor the names of its contributors  You have
 to put something in place of University.

It commonly has name of the author

I also had the fun scripting to parse out the different licenses (and 
convert to a LaTeX format for 68 printed pages) for a product I sell. It 
has over 100 different BSD and MIT licenses and 26 advertising clauses 
This product includes software developed ...

I just realized that I listed different cases (like author versus 
Author) as different licenses too, but I think that is only a few.
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Re: [License-discuss] BSD, MIT [was Re: Draft of new OSI licenses landing page; please review.]

2012-04-05 Thread Jeremy C. Reed
(responding to two different emails...)

 Even if the rest of Karl's proposal does not go through, and nothing
 else changes with the license list pages, I'd be perfectly happy
 moving BSD and MIT to the redundant or superseded lists.

On Thu, 5 Apr 2012, Luis Villa wrote:

 But I think they should no longer be part of the category of licenses
 labeled if you were to start a new project from scratch, you should
 probably use one of these - which I think is what Karl is aiming at
 here, and what our current page may well be read to imply even if not
 changed.

Superseded should not imply that the projects that actively use them 
have dropped them because they are inferior or replaced with a newer or 
different license. They may have been superseded by you, but generally 
they are not by the existing developers (copyright owners).

Not speaking for my employer (who makes one of the most used softwares), 
but I do agree with their opinion on this ... when we started a new 
software project from scratch, we purposely chose to use a MIT/BSD style 
of license. And we make sure our dependencies match up with the same 
goals and simplicity.

In addition, some significant software collections continue to require 
or highly suggest that new from scratch projects use the BSD/MIT style 
license (even if they are standalone and won't cause tainting of other 
code in the suite.)

Also regarding superseded what features should be changed or added? 
Note that the even the Open Source Definition doesn't include many of 
the longer/newer license features.

Changing topic some ... have there been any precedents related to the 
terms/conditions not included in the MIT/BSD style licenses?

It would be interesting to provide references to case records / court 
opinions related to each criteria in the Open Source Definition and then 
expand on that for each point in some other licenses like Apache 2, GPL 
2, GPL 3, etc.  (Has anyone done this research?)
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Re: [License-discuss] BSD, MIT [was Re: Draft of new OSI licenses landing page; please review.]

2012-04-05 Thread Jeremy C. Reed
On Thu, 5 Apr 2012, John Cowan wrote:

 Jeremy C. Reed scripsit:
 
  Superseded should not imply that the projects that actively use them 
  have dropped them because they are inferior or replaced with a newer or 
  different license. They may have been superseded by you, but generally 
  they are not by the existing developers (copyright owners).
 
 In all cases, the superseded licenses have been superseded by
 later versions from the same source.  They are the APSL 1.0, CPL 1.0,
 Artistic 1.0, Eiffel Forum 1.0, Plan 9, MPL 1.0 and 1.1, OSL 1.0, and
 the Reciprocal PL 1.0.
 
 Likewise, the retired licenses have been abandoned by their stewards:
 they are the Intel Open SL, the Jabber Open SL, the Mitre CVW, and
 the SISSL.
 
 None of these have a place on the main list$, and do not appear on Karl's
 draft list either.

Okay.

I was responding to the earlier suggestion of moving BSD and MIT to the 
redundant or superseded lists.

Using BSD generically can be confusing. Even the CSRG code under 
copyright of The Regents of the University of California had at least 
four different BSD licenses (1987, 1988, 1991, 1999). And then there are 
the derivates of these. Some of these could be considered superseded 
when a owner made changes (such as the advertising clause removal 
specifically for the CSRG BSD code).

(I am authoring a detailed book about Western Electric, ATT, BSD 
licensing... currently around 200 pages with over 75 interviews already 
done left to integrate.)

  Jeremy C. Reed

echo 'EhZ[h ^jjf0%%h[[Zc[Z_W$d[j%Xeeai%ZW[ced#]dk#f[d]k_d%' | \
  tr'#-~''\-.-{'

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Re: [License-discuss] Greetings, Earthlings! Need quotes for article

2011-12-19 Thread Jeremy C. Reed
On Mon, 19 Dec 2011, Robin 'Roblimo' Miller wrote:

 Tentative title: Are 69 Open Source Licenses Enough?

69 is way too few. In my little research of just around 600 man pages I 
found over 100 different licenses -- mostly due to slight wording 
changes.

 My questions:
 
 Do we really need that many open source licenses?

No.

 Is there any way to consolidate some of them, which would make life simpler
 for a whole lot of people? Or does each one of these licenses serve an
 essential purpose for someone (or some company)?

One way projects (like NetBSD) have consolidated licenses is to ask 
copyright owners if they can change their license text to standard 
boilerplate (or if they can re-assign the copyright and use a standard 
license).

But there is no easy way for this. Changing old codes' licenses is 
difficult to near impossible due to difficulty to finding owners.

Some copyright owners are stubborn and may respond negatively even on a 
polite request.

In the case of significant license changes (such as MIT style changed to 
copyleft), I find it bad taste (and a little dishonest) if code 
contributors over the years shared patches because they knew the license 
was of a certain type of copyright.
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Re: [License-discuss] a Free Island Public License?

2011-12-16 Thread Jeremy C. Reed
  This software is licensed for any purpose excepting
  the right to make publicly available derived works 
  which depend exclusively upon non-free components.


On Fri, 16 Dec 2011, Chad Perrin wrote:

 TL;DR Summary:
 
 My take would be that this satisfies the conditions of the Open
 Source Definition, though I may have overlooked something in my first
 reading.


I think it conflicts with criterion #9.


  It appears to also satisfy the conditions of the FSF/GNU
 Four Freedoms


I think it conflicts with the first freedom.


 and the Debian Free Software Guidelines,


I think it conflicts with description of the first point.


  but fail to
 satisfy the conditions of the Copyfree Standard Definition.  It
 appears to qualify as a copyleft license, but a somewhat atypical
 example of a copyleft license, in that its proliferation mechanism is
 not tied directly to proliferation of itself.
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Re: [License-discuss] a Free Island Public License?

2011-12-16 Thread Jeremy C. Reed
On Fri, 16 Dec 2011, Chad Perrin wrote:

   My take would be that this satisfies the conditions of the Open
   Source Definition, though I may have overlooked something in my first
   reading.
  
  I think it conflicts with criterion #9.
 
 I think that's true only to the extent that other copyleft licenses do,
 as well.  If you have some differing insight, please share.  I'd like to
 know what I missed.
 
 
  
It appears to also satisfy the conditions of the FSF/GNU
   Four Freedoms
  
  I think it conflicts with the first freedom.
 
 I think that, too, is true only to the extent that other copyleft
 licenses do.  Again, I'd like to know what prompts you to think
 otherwise.
 
 
  
   and the Debian Free Software Guidelines,
  
  I think it conflicts with description of the first point.
 
 See my above two responses to your disagreement with my estimation of the
 license's compliance with various standards.  I'm curious about your
 points of disagreement.


Two vague sentences from the license include:

 This software is licensed for any purpose excepting the right to
 make publicly available derived works which depend exclusively
 upon non-free components.
 
 In particular, the Derived Work fails this test if it depends upon
 proprietary software, remote services or hardware to provide
 features that do not have a corresponding Free Software implementation.

I believe these could be understood to conflict with:

- ``The license must not place restrictions on other software that is 
distributed along with the licensed software. For example, the license 
must not insist that all other programs distributed on the same medium 
must be open-source software.''

While I know this is about distribution, it can be said that it is 
distributed with its dependencies. The license in question doesn't 
override others licenses, but if used it implies about its 
dependencies which I'd suggest could be distributed together. This 
argument is weak.

- ``The freedom to run the program, for any purpose (freedom 0).''

How can it be used for any purpose if it can't depend on non-free 
software implementation?  I this think is a strong argument.

- ``The license of a Debian component may not restrict any party from 
selling or giving away the software as a component of an aggregate 
software distribution containing programs from several different 
sources. The license may not require a royalty or other fee for such 
sale.''

This is about distribution collections. Maybe this one isn't a good 
enough argument but it similar to the point above.

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