Re: Non-Profit Open Software License 3.0

2008-04-13 Thread Francesco Poli
On Fri, 28 Mar 2008 12:13:18 -0600 Peter Saint-Andre wrote: [...] Non-Profit Open Software License (Non-Profit OSL) 3.0 [...] 1) Grant of Copyright License. Licensor grants You a worldwide, royalty-free, non-exclusive, sublicensable license, for the duration of the copyright, to do

Non-Profit Open Software License 3.0

2008-03-28 Thread Peter Saint-Andre
It seems that the IETF Trust uses the Non-Profit Open Software License 3.0 to license code written as work-for-hire under the auspices of the IETF (presumably this applies to efforts like the IETF Tools Team). The text of the license follows, as extracted from the PDF file linked to from http

Re: Non-Profit Open Software License 3.0

2008-03-28 Thread Peter Saint-Andre
Peter Saint-Andre wrote: It seems that the IETF Trust uses the Non-Profit Open Software License 3.0 to license code written as work-for-hire under the auspices of the IETF (presumably this applies to efforts like the IETF Tools Team). The text of the license follows, as extracted from

Re: Non-Profit Open Software License 3.0

2008-03-28 Thread Sune Vuorela
uses the Non-Profit Open Software License 3.0 to license code written as work-for-hire under the auspices of the IETF (presumably this applies to efforts like the IETF Tools Team). The text of the license follows, as extracted from the PDF file linked to from http://trustee.ietf.org

Re: Non-Profit Open Software License 3.0

2008-03-28 Thread Peter Saint-Andre
: It seems that the IETF Trust uses the Non-Profit Open Software License 3.0 to license code written as work-for-hire under the auspices of the IETF (presumably this applies to efforts like the IETF Tools Team). The text of the license follows, as extracted from the PDF file linked to from http

Re: Non-Profit Open Software License 3.0

2008-03-28 Thread Sune Vuorela
of the Original Work and Derivative Works to the public, with the proviso that copies of Original Work or Derivative Works that You distribute or communicate shall be licensed under this Non-Profit Open Software License or as provided in section 17(d); Isn't that just plain copyleft? Yes

Re: Non-Profit Open Software License 3.0

2008-03-28 Thread Michael Poole
From the Non-Profit OSL 3.0: 5) External Deployment. The term External Deployment means the use, distribution, or communication of the Original Work or Derivative Works in any way such that the Original Work or Derivative Works may be used by anyone other than You, whether those works are

Re: Open Software License v2.1

2004-10-05 Thread Nathanael Nerode
Brian Thomas Sniffen wrote: snip Stop right there. You didn't invent the software I wrote, regardless of what the overloaded US Patent Office might think. Sure I did. Well, if you're writing some software to do Diffie-Hellman key exchange, that Diffie and Hellman most certainly *did* invent

Re: Open Software License v2.1

2004-10-05 Thread Brian Thomas Sniffen
Nathanael Nerode [EMAIL PROTECTED] writes: Brian Thomas Sniffen wrote: snip Stop right there. You didn't invent the software I wrote, regardless of what the overloaded US Patent Office might think. Sure I did. Well, if you're writing some software to do Diffie-Hellman key exchange, that

Re: Open Software License v2.1

2004-09-27 Thread Matthew Garrett
Andrew Suffield [EMAIL PROTECTED] wrote: The form of both is Since person performs action, person shall be punished by terminating their license. The claim was that this is somehow acceptable. For some subset of actions, this is acceptable. Suggesting that those acceptable actions are

Re: Open Software License v2.1

2004-09-27 Thread Raul Miller
More generally, actions which would make free software not be treated as free software would seem to be acceptable actions to discriminate against. On Sun, Sep 26, 2004 at 05:00:05PM -0400, Brian Thomas Sniffen wrote: That sounds overbroad. If the license violate other provisions of the

Re: Open Software License v2.1

2004-09-26 Thread Andrew Suffield
On Mon, Sep 20, 2004 at 12:02:56PM -0400, Michael Poole wrote: You have yet to establish why this argument applies to the kind of patent lawsuit clause in the Open Software License, since it protects all licensees equally. You have yet to establish what your argument has got to do

Re: Open Software License v2.1

2004-09-26 Thread Andrew Suffield
On Wed, Sep 22, 2004 at 12:17:08AM +0100, Matthew Garrett wrote: Andrew Suffield [EMAIL PROTECTED] wrote: On Tue, Sep 21, 2004 at 02:43:48PM -0400, Nathanael Nerode wrote: On the other hand, lawsuits attempting to enforce patents on software *are* intrinsically bad for free software.

Re: Open Software License v2.1

2004-09-26 Thread Raul Miller
On Sun, Sep 26, 2004 at 07:38:14PM +0100, Andrew Suffield wrote: The form of both is Since person performs action, person shall be punished by terminating their license. The claim was that this is somehow acceptable. There are cases where this is acceptable. For example, where action involves

Re: Open Software License v2.1

2004-09-26 Thread Brian Thomas Sniffen
Raul Miller [EMAIL PROTECTED] writes: On Sun, Sep 26, 2004 at 07:38:14PM +0100, Andrew Suffield wrote: The form of both is Since person performs action, person shall be punished by terminating their license. The claim was that this is somehow acceptable. There are cases where this is

Re: Open Software License v2.1

2004-09-26 Thread Michael Poole
Brian Thomas Sniffen writes: Raul Miller [EMAIL PROTECTED] writes: On Sun, Sep 26, 2004 at 07:38:14PM +0100, Andrew Suffield wrote: The form of both is Since person performs action, person shall be punished by terminating their license. The claim was that this is somehow acceptable.

Re: Open Software License v2.1

2004-09-23 Thread Andrew Suffield
On Wed, Sep 22, 2004 at 07:21:50AM -0400, Glenn Maynard wrote: On Wed, Sep 22, 2004 at 11:58:04AM +0100, Andrew Suffield wrote: Licensor brings suit against you alleging massive patent infringement on your part. The chances of you successfully defending them all are slim. Your choices are

Re: Open Software License v2.1

2004-09-22 Thread MJ Ray
On 2004-09-22 02:13:04 +0100 Glenn Maynard [EMAIL PROTECTED] wrote: Bob creates Emacs, under a claim patent infringement in this work and lose your license to it license, which includes GIF decoding. Lose your patent licence or all licence? -- MJR/slefMy Opinion Only and not of any group

Re: Open Software License v2.1

2004-09-22 Thread MJ Ray
On 2004-09-21 23:16:47 +0100 Josh Triplett [EMAIL PROTECTED] wrote: For what it's worth, I agree entirely. No software patent is legitimate, and clauses stating that you can't continue to use a piece of Free Software while claiming that software infringes your patent are both Free and

Re: Open Software License v2.1

2004-09-22 Thread Glenn Maynard
On Wed, Sep 22, 2004 at 09:04:29AM +0100, MJ Ray wrote: Bob creates Emacs, under a claim patent infringement in this work and lose your license to it license, which includes GIF decoding. Lose your patent licence or all licence? Both patent and copyright. -- Glenn Maynard

Re: Open Software License v2.1

2004-09-22 Thread Glenn Maynard
On Wed, Sep 22, 2004 at 11:44:13AM +0100, Andrew Suffield wrote: Bob creates Emacs, under a claim patent infringement in this work and lose your license to it license, which includes GIF decoding. Joe derives XEmacs from that work. This inherits, among many other things, GIF decoding.

Re: Open Software License v2.1

2004-09-22 Thread Henning Makholm
Scripsit Brian Thomas Sniffen [EMAIL PROTECTED] PS You know, I just thought of something. If these clauses cancelled the copyright license to *everybody* as soon as *anybody* *wins* a patent lawsuit over the software, I wouldn't mind them so much. That would spectacularly fail the

Re: Open Software License v2.1

2004-09-22 Thread Josh Triplett
Brian Thomas Sniffen wrote: Raul Miller [EMAIL PROTECTED] writes: On Tue, Sep 21, 2004 at 09:44:47PM -0400, Brian Thomas Sniffen wrote: : A writes some software, and GPLs it. B claims that the software is : on his hard drive, and sues A for that drive. B wins, and now only : B can distribute

Re: Open Software License v2.1

2004-09-22 Thread Brian Thomas Sniffen
Raul Miller [EMAIL PROTECTED] writes: If the software is not free, regardless of the copyright license, then the reason it's not free is not the copyright license. Thus, this scenario has no bearing on the freeness of the license. I don't think that's true. Certainly, I see no reason

Re: Open Software License v2.1

2004-09-22 Thread Brian Thomas Sniffen
Henning Makholm [EMAIL PROTECTED] writes: Scripsit Brian Thomas Sniffen [EMAIL PROTECTED] PS You know, I just thought of something. If these clauses cancelled the copyright license to *everybody* as soon as *anybody* *wins* a patent lawsuit over the software, I wouldn't mind them so much.

Re: Open Software License v2.1

2004-09-22 Thread Raul Miller
If the software is not free, regardless of the copyright license, then the reason it's not free is not the copyright license. Thus, this scenario has no bearing on the freeness of the license. I don't think that's true. Certainly, I see no reason it should be accepted as obviously

Re: Open Software License v2.1

2004-09-22 Thread Michael Poole
Brian Thomas Sniffen writes: Henning Makholm [EMAIL PROTECTED] writes: The situation the clause aims at is one where a patent owner seeks to gain a monopoly on the original author's work by preventing everybody else - including the original author himself - from using it. Your use of

Re: Open Software License v2.1

2004-09-22 Thread Nathanael Nerode
MJ Ray wrote: On 2004-09-21 23:16:47 +0100 Josh Triplett [EMAIL PROTECTED] wrote: For what it's worth, I agree entirely. No software patent is legitimate, and clauses stating that you can't continue to use a piece of Free Software while claiming that software infringes your patent are

Re: Open Software License v2.1

2004-09-22 Thread Henning Makholm
Scripsit Brian Thomas Sniffen [EMAIL PROTECTED] It think it's free to terminate a public license completely and universally as soon as anybody brings and wins any suit against any party that claims that the work using some patented technology. Still fails the Tentacles of Evil test, this time

Re: Open Software License v2.1

2004-09-22 Thread Nathanael Nerode
Glenn Maynard wrote: Ick. A, B, C, X, VD, MSC, π. I find these hypotheticals to be a lot easier to parse and process if I give these people names and use actual projects to put things in perspective with one another ... On Tue, Sep 21, 2004 at 03:08:04PM -0400, Nathanael Nerode wrote:

Re: Open Software License v2.1

2004-09-22 Thread Nathanael Nerode
Glenn Maynard wrote: (Unrequested CC sent; it just seems like a good idea when sending mails concerning possible MUA problems ...) On Tue, Sep 21, 2004 at 01:16:51PM -0400, Nathanael Nerode wrote: You haven't been reading my postings? I doubt anyone is reading all of your postings, due

Re: Open Software License v2.1

2004-09-22 Thread Andrew Suffield
On Wed, Sep 22, 2004 at 07:09:21AM -0400, Glenn Maynard wrote: On Wed, Sep 22, 2004 at 11:44:13AM +0100, Andrew Suffield wrote: Bob creates Emacs, under a claim patent infringement in this work and lose your license to it license, which includes GIF decoding. Joe derives XEmacs from

Re: Open Software License v2.1

2004-09-22 Thread Glenn Maynard
On Wed, Sep 22, 2004 at 11:36:54PM +0100, Andrew Suffield wrote: On Wed, Sep 22, 2004 at 07:09:21AM -0400, Glenn Maynard wrote: On Wed, Sep 22, 2004 at 11:44:13AM +0100, Andrew Suffield wrote: Bob creates Emacs, under a claim patent infringement in this work and lose your license to it

Re: Open Software License v2.1

2004-09-22 Thread Glenn Maynard
On Wed, Sep 22, 2004 at 05:22:21PM -0400, Nathanael Nerode wrote: However, if he distributed under a non-patent-defense license, it would *still* be non-free. So I'm not clear on how the so-called patent-defence clause makes any difference here. It wouldn't be: Right but if the

Re: Open Software License v2.1

2004-09-22 Thread Glenn Maynard
On Wed, Sep 22, 2004 at 10:27:11AM -0400, Michael Poole wrote: Before Debian considers software free, we require proper licenses for actively enforced patents; any claim of infringement would make the software non-DFSG, even before a lawsuit is resolved. This isn't established. If Microsoft

Re: Open Software License v2.1

2004-09-22 Thread Glenn Maynard
On Wed, Sep 22, 2004 at 04:06:18PM -0400, Brian Thomas Sniffen wrote: I'm not sure it is, in this example. Well. It's important because this is all part of a crusade against software patents taken too far into a crusade against patents which happen to apply to software. I understand what

Re: Open Software License v2.1

2004-09-22 Thread Glenn Maynard
On Wed, Sep 22, 2004 at 10:02:10PM +0100, Henning Makholm wrote: It's not a complete defense, by the way - a smart patent owner would just try to sue everybody else *but* the copyright holder who uses the code instead. The OSL 2.1's clause causes termination if you allege patent violation in

Re: Open Software License v2.1

2004-09-22 Thread Michael Poole
Brian Thomas Sniffen writes: Can you find anything in Debian's devotion to its users and free software, however, which enjoins the project to join in this crusade, not merely by lobbying governments but also by permitting restrictions on the behavior of licensees of allegedly free software?

Re: Open Software License v2.1

2004-09-22 Thread Brian Thomas Sniffen
Raul Miller [EMAIL PROTECTED] writes: Raul Miller [EMAIL PROTECTED] writes: The claim that copyleft software isn't free is nonsense. On Tue, Sep 21, 2004 at 09:44:47PM -0400, Brian Thomas Sniffen wrote: Yes, but only you've made that claim. I certainly haven't, and I invite you to quote

Re: Open Software License v2.1

2004-09-22 Thread Raul Miller
GPL 7 isn't relevant here. GPL 7 is for cases where someone else holds the patent. [Note the uses of the phrase imposed on you and the phrase do not excuse you.] Try GPL 5 and 6, instead. On Wed, Sep 22, 2004 at 10:39:38AM -0400, Brian Thomas Sniffen wrote: Right. So I set up a

Re: Open Software License v2.1

2004-09-22 Thread Michael Poole
Andrew Suffield writes: On Tue, Sep 21, 2004 at 07:29:10PM -0400, Michael Poole wrote: If you distribute a program under the GPL, you lose most or all of your ground to claim damages in court on the basis that the program infringes your patent or copy rights. (GPL sections 5, 6, et al.)

Re: Open Software License v2.1

2004-09-22 Thread Raul Miller
On Wed, Sep 22, 2004 at 12:02:49PM +0100, Andrew Suffield wrote: Word games. If you license something then you lose the ability to sue people for acting in the manner you licensed them to do. Don't waste my time; you know full well that's irrelevant. How is that irrelevant? If agreement not

Re: Open Software License v2.1

2004-09-22 Thread Joe Moore
Nathanael Nerode wrote: Consider the Malicious Software Corporation (MSC). Consider work X by author Joe. MSC holds patent A covering X and patent B covering something else. Valiant Defender (VD) holds patent C covering X. Normally, MSC can sue any user of X for infringing patent A. With

Re: Open Software License v2.1

2004-09-22 Thread Brian Thomas Sniffen
Glenn Maynard [EMAIL PROTECTED] writes: On Mon, Sep 20, 2004 at 01:33:17PM -0400, Brian Thomas Sniffen wrote: real invention, whether implemented in software or hardware. The RSA cryptosystem is a decent example of this. So there are some legitimate patents, though they're probably a

Re: Open Software License v2.1

2004-09-21 Thread Andrew Suffield
On Mon, Sep 20, 2004 at 06:37:43PM -0400, Glenn Maynard wrote: On Mon, Sep 20, 2004 at 01:07:33PM +0100, Andrew Suffield wrote: On Sun, Sep 19, 2004 at 05:36:12PM -0400, Glenn Maynard wrote: On Sun, Sep 19, 2004 at 03:00:53PM +0100, Andrew Suffield wrote: I am not sure why some people

Re: Open Software License v2.1

2004-09-21 Thread Glenn Maynard
On Tue, Sep 21, 2004 at 09:04:26AM +0100, Andrew Suffield wrote: ... commence an action, including a cross-claim or counterclaim, against Licensor or any licensee alleging that the Original Work infringes a patent. Please not or any licensee. This clause is not

Re: Open Software License v2.1

2004-09-21 Thread Nathanael Nerode
Matthew Wilcox wrote: I'd like to start by thanking Jeremy Hankins for his summary of debian-legal's objections to the Open Software License v2.0 in http://lists.debian.org/debian-legal/2004/05/msg00118.html Version 2.1 is upon us. It can be found at http://www.opensource.org/licenses

Re: Open Software License v2.1

2004-09-21 Thread Nathanael Nerode
Andrew Suffield wrote: On Mon, Sep 13, 2004 at 04:15:59PM -0400, Glenn Maynard wrote: On Mon, Sep 13, 2004 at 12:24:31PM +0100, Andrew Suffield wrote: On Sun, Sep 12, 2004 at 10:39:39PM -0400, Glenn Maynard wrote: I'm not sure that this clause necessarily passes the DFSG, but it's clear

Re: Open Software License v2.1

2004-09-21 Thread Nathanael Nerode
Andrew Suffield wrote: On Sun, Sep 12, 2004 at 01:48:31PM -0400, Glenn Maynard wrote: On Sun, Sep 12, 2004 at 05:25:52PM +0100, Andrew Suffield wrote: On Sun, Sep 12, 2004 at 02:46:17PM +0100, Matthew Wilcox wrote: I believe the change to section 10 of the licence is sufficient to

Re: Open Software License v2.1

2004-09-21 Thread Nathanael Nerode
Andrew Suffield wrote: Terminating licenses (copyright, patent, trademark, dog-humping, or whatever else might interfere with distribution/modification/use) for any reason other than non-compliance is a bit of legal insanity to get contract-like provisions into a license. These provisions

Re: Open Software License v2.1

2004-09-21 Thread Nathanael Nerode
Brian Thomas Sniffen wrote: No. The GPL terminates only for non-compliance, and places no restrictions beyond those imposed by law. That's free. Attempts to bargain in a license, to say I'll give you a license to this stuff, but only if you give me a license to stuff you already own are

Re: Open Software License v2.1

2004-09-21 Thread Nathanael Nerode
Ken Arromdee wrote: On Wed, 15 Sep 2004, Matthew Garrett wrote: An elementary point of Free Software is to protect the rights of the users, not excluding bad ones. (Or will GPL3 have a section termination the licence if you breach any FSF copyright?) forfeits the right to distribute the

Re: Open Software License v2.1

2004-09-21 Thread Nathanael Nerode
Brian Thomas Sniffen wrote: Josh Triplett [EMAIL PROTECTED] writes: snip Furthermore, if you *sue claiming that the work infringes your patent*, I see absolutely no reason why you should have any rights to the work, since you are trying to eliminate the rights of others to the work. I can

Re: Open Software License v2.1

2004-09-21 Thread Nathanael Nerode
Brian Thomas Sniffen wrote: So there are some legitimate patents, though they're probably a minority.  But that means that those people do have a legitimate recourse to the courts to enforce their intellectual capital grants. And a license which compels them to surrender that recourse is no

Re: Open Software License v2.1

2004-09-21 Thread Nathanael Nerode
Brian Thomas Sniffen wrote: Brian Thomas Sniffen [EMAIL PROTECTED] writes: For example, imagine a license which said any attempt to sue over Oops, left part out. This should say something like: Imagine a license which is just like the patent-terminating-copyright license in question,

Re: Open Software License v2.1

2004-09-21 Thread Nathanael Nerode
Andrew Suffield wrote: Distribution of binaries without source is intrinsically bad for free software. Distributing source with binaries is not appreciably difficult or limiting; this requirement is trivially accomplished without any real cost. Lawsuits are not intrinsically bad for free

Re: Open Software License v2.1

2004-09-21 Thread Nathanael Nerode
Andrew Suffield wrote: On Sun, Sep 19, 2004 at 04:03:18PM +0100, Matthew Garrett wrote: Lawsuits are not intrinsically bad for free software. Prohibiting lawsuits is significantly limiting and imposes real, significant costs. It's fairly obvious that a requirement that you not sue the

Re: Open Software License v2.1

2004-09-21 Thread Nathanael Nerode
Glenn Maynard wrote: Now, there's a practical issue: the copyright holder may change, so the copyright holder isn't the original licensor--if I buy the copyright for the work, the existing licensees aren't going to suddenly get a license to *my* patents, as well. (I don't presently agree with

Re: Open Software License v2.1

2004-09-21 Thread Raul Miller
On Tue, Sep 21, 2004 at 02:43:13PM -0400, Nathanael Nerode wrote: No, to infringe your bogus software patent. I agree here. If I'm suing someone on the grounds that the software they wrote is illegal, it's probably a bad idea for me to be distributing their software. -- Raul

Re: Open Software License v2.1

2004-09-21 Thread Nathanael Nerode
Anthony DeRobertis wrote: 3) Grant of Source Code License. The term Source Code means the preferred form of the Original Work for making modifications to it and all available documentation describing how to modify the Original Work. non-free: all available documentation seems to contaminate

Re: Open Software License v2.1

2004-09-21 Thread Brian Thomas Sniffen
Nathanael Nerode [EMAIL PROTECTED] writes: Andrew Suffield wrote: Terminating licenses (copyright, patent, trademark, dog-humping, or whatever else might interfere with distribution/modification/use) for any reason other than non-compliance is a bit of legal insanity to get contract-like

Re: Open Software License v2.1

2004-09-21 Thread Raul Miller
On Tue, Sep 21, 2004 at 03:35:16PM -0400, Brian Thomas Sniffen wrote: Because it's a copyright license. If I give away all these freedoms with respect to my work, then I should really be giving them away. If I'm only giving them away contingent on others with rights to the work giving

Re: Open Software License v2.1

2004-09-21 Thread Brian Thomas Sniffen
Nathanael Nerode [EMAIL PROTECTED] writes: Brian Thomas Sniffen wrote: Josh Triplett [EMAIL PROTECTED] writes: snip Furthermore, if you *sue claiming that the work infringes your patent*, I see absolutely no reason why you should have any rights to the work, since you are trying to

Re: Open Software License v2.1

2004-09-21 Thread Raul Miller
On Tue, Sep 21, 2004 at 03:44:04PM -0400, Brian Thomas Sniffen wrote: That's fine, but if you haven't *really* freely licensed it to me unless I refrain from suing you, then it's not a free license. That's the assertion in question, but it seems almost like we're arguing about schrodinger's

Re: Open Software License v2.1

2004-09-21 Thread Josh Triplett
Glenn Maynard wrote: On Mon, Sep 20, 2004 at 01:33:17PM -0400, Brian Thomas Sniffen wrote: real invention, whether implemented in software or hardware. The RSA cryptosystem is a decent example of this. So there are some legitimate patents, though they're probably a minority. But that means

Re: Open Software License v2.1

2004-09-21 Thread Josh Triplett
Nathanael Nerode wrote: (Wait. I thought of a case: suppose the patent license requires a statement of credit -- and that's considered free -- and joe-rsa doesn't contain the credit statement. Then the RSA patent holders would sue to enforce their free patent license, and lose their free

Re: Open Software License v2.1

2004-09-21 Thread Josh Triplett
Brian Thomas Sniffen wrote: Matthew Garrett [EMAIL PROTECTED] writes: Andrew Suffield [EMAIL PROTECTED] wrote: This idea is a variation on You may not use this software for military applications and goes against DFSG#5/#6. They're both intrinsically non-free, no matter how laudable you may

Re: Open Software License v2.1

2004-09-21 Thread Andrew Suffield
On Tue, Sep 21, 2004 at 02:43:13PM -0400, Nathanael Nerode wrote: Andrew Suffield wrote: On Sun, Sep 19, 2004 at 04:03:18PM +0100, Matthew Garrett wrote: Lawsuits are not intrinsically bad for free software. Prohibiting lawsuits is significantly limiting and imposes real, significant

Re: Open Software License v2.1

2004-09-21 Thread Andrew Suffield
On Tue, Sep 21, 2004 at 02:43:48PM -0400, Nathanael Nerode wrote: Andrew Suffield wrote: Distribution of binaries without source is intrinsically bad for free software. Distributing source with binaries is not appreciably difficult or limiting; this requirement is trivially accomplished

Re: Open Software License v2.1

2004-09-21 Thread Andrew Suffield
On Tue, Sep 21, 2004 at 02:43:01PM -0400, Nathanael Nerode wrote: It's critically different from a copyleft, because there there isn't a pre-existing property right. Actually, yes there is: it's called copyright. The default in copyright law is that a derivative work can only be

Re: Open Software License v2.1

2004-09-21 Thread Michael Poole
Andrew Suffield writes: This is a very different scenario, where you could perform certain actions until you accepted the license. Your freedom has been reduced in a fundamental manner by this license. A copyleft license in no manner reduces your freedom; after accepting the license, you can

Re: Open Software License v2.1

2004-09-21 Thread Raul Miller
On Wed, Sep 22, 2004 at 12:06:12AM +0100, Andrew Suffield wrote: Which can trivially be twisted to smite any lawsuit you care to bring, thereby granting them a de facto carte blanche license to do anything they like. We've been over this already. I'd agree with you if I could find the clause

Re: Open Software License v2.1

2004-09-21 Thread Brian Thomas Sniffen
Raul Miller [EMAIL PROTECTED] writes: On Tue, Sep 21, 2004 at 03:35:16PM -0400, Brian Thomas Sniffen wrote: Because it's a copyright license. If I give away all these freedoms with respect to my work, then I should really be giving them away. If I'm only giving them away contingent on

Re: Open Software License v2.1

2004-09-21 Thread Brian Thomas Sniffen
Raul Miller [EMAIL PROTECTED] writes: On Tue, Sep 21, 2004 at 03:44:04PM -0400, Brian Thomas Sniffen wrote: That's fine, but if you haven't *really* freely licensed it to me unless I refrain from suing you, then it's not a free license. That's the assertion in question, but it seems almost

Re: Open Software License v2.1

2004-09-21 Thread Raul Miller
On Tue, Sep 21, 2004 at 03:35:16PM -0400, Brian Thomas Sniffen wrote: Because it's a copyright license. If I give away all these freedoms with respect to my work, then I should really be giving them away. If I'm only giving them away contingent on others with rights to the work giving

Re: Open Software License v2.1

2004-09-21 Thread Raul Miller
On Tue, Sep 21, 2004 at 03:44:04PM -0400, Brian Thomas Sniffen wrote: That's fine, but if you haven't *really* freely licensed it to me unless I refrain from suing you, then it's not a free license. Raul Miller [EMAIL PROTECTED] writes: That's the assertion in question, but it seems almost

Re: Open Software License v2.1

2004-09-21 Thread Glenn Maynard
On Tue, Sep 21, 2004 at 01:55:28PM -0400, Nathanael Nerode wrote: Consider a copyright-only case: Alice and Bob each release some software under a copyleft, with a clause mentioning that any lawsuit claiming copyright infringement on the work or any derivative forfeits The clause we are

Re: Open Software License v2.1

2004-09-21 Thread Brian Thomas Sniffen
Raul Miller [EMAIL PROTECTED] writes: On Tue, Sep 21, 2004 at 03:35:16PM -0400, Brian Thomas Sniffen wrote: Because it's a copyright license. If I give away all these freedoms with respect to my work, then I should really be giving them away. If I'm only giving them away contingent on

Re: Open Software License v2.1

2004-09-21 Thread Glenn Maynard
Ick. A, B, C, X, VD, MSC, π. I find these hypotheticals to be a lot easier to parse and process if I give these people names and use actual projects to put things in perspective with one another ... On Tue, Sep 21, 2004 at 03:08:04PM -0400, Nathanael Nerode wrote: (Essentially, by buying the

Re: Open Software License v2.1

2004-09-21 Thread Glenn Maynard
On Wed, Sep 22, 2004 at 12:06:12AM +0100, Andrew Suffield wrote: On Tue, Sep 21, 2004 at 02:43:13PM -0400, Nathanael Nerode wrote: Andrew Suffield wrote: On Sun, Sep 19, 2004 at 04:03:18PM +0100, Matthew Garrett wrote: Lawsuits are not intrinsically bad for free software. Prohibiting

Re: Open Software License v2.1

2004-09-21 Thread Glenn Maynard
(Unrequested CC sent; it just seems like a good idea when sending mails concerning possible MUA problems ...) On Tue, Sep 21, 2004 at 01:16:51PM -0400, Nathanael Nerode wrote: You haven't been reading my postings? I doubt anyone is reading all of your postings, due to your well-known bad habit

Re: Open Software License v2.1

2004-09-21 Thread Raul Miller
Raul Miller [EMAIL PROTECTED] writes: The claim that copyleft software isn't free is nonsense. On Tue, Sep 21, 2004 at 09:44:47PM -0400, Brian Thomas Sniffen wrote: Yes, but only you've made that claim. I certainly haven't, and I invite you to quote where you think I've done so. That isn't

Re: Open Software License v2.1

2004-09-21 Thread Matthew Garrett
Andrew Suffield [EMAIL PROTECTED] wrote: On Tue, Sep 21, 2004 at 02:43:48PM -0400, Nathanael Nerode wrote: On the other hand, lawsuits attempting to enforce patents on software *are* intrinsically bad for free software. This argument says that since it's bad for nuclear power plant

Re: Open Software License v2.1

2004-09-21 Thread Matthew Garrett
Andrew Suffield [EMAIL PROTECTED] wrote: You've been tricked by lawyers. This clause says that only the copyright holder may file patent lawsuits. These licenses tend to include patent licenses. As a result, the copyright holder /doesn't/ get to sue you (at least, not if they want to win).

Re: Open Software License v2.1

2004-09-21 Thread Nathanael Nerode
Michael Poole wrote: I think we all agree that If you sue the Original Author for any patent violation, you lose rights granted by this license (e.g. RPSL 1.0) is not free, but that's different from either of the above. Yes, we all agree on that. (Just to make it clear.) -- This space

Re: Open Software License v2.1

2004-09-20 Thread Andrew Suffield
On Sun, Sep 19, 2004 at 05:36:12PM -0400, Glenn Maynard wrote: On Sun, Sep 19, 2004 at 03:00:53PM +0100, Andrew Suffield wrote: I am not sure why some people think the latter is acceptable, since it is similar in spirit and effect to the MS EULA (which says that you can't do anything the

Re: Open Software License v2.1

2004-09-20 Thread Andrew Suffield
On Sun, Sep 19, 2004 at 04:03:18PM +0100, Matthew Garrett wrote: Lawsuits are not intrinsically bad for free software. Prohibiting lawsuits is significantly limiting and imposes real, significant costs. It's fairly obvious that a requirement that you not sue the licensor doesn't impose

Re: Open Software License v2.1

2004-09-20 Thread Michael Poole
then it would not be free. An example of a non-free license along these lines is the old NPL. You have yet to establish why this argument applies to the kind of patent lawsuit clause in the Open Software License, since it protects all licensees equally. Michael Poole

Re: Open Software License v2.1

2004-09-20 Thread Brian Thomas Sniffen
Glenn Maynard [EMAIL PROTECTED] writes: On Sun, Sep 19, 2004 at 08:12:25PM -0400, Brian Thomas Sniffen wrote: Lawsuits are not intrinsically bad for free software. Software patent lawsuits attempting to prevent the use and distribution of free software certainly is intrinsically bad for

Re: Open Software License v2.1

2004-09-20 Thread Michael Poole
Brian Thomas Sniffen writes: I think you're taking this to a further extreme than necessary, and in so doing passing straight through the truth out on to the other side. That is, you're right about the situation you describe, but it's not the interesting situation. The interesting way to

Re: Open Software License v2.1

2004-09-20 Thread Glenn Maynard
On Mon, Sep 20, 2004 at 01:33:17PM -0400, Brian Thomas Sniffen wrote: real invention, whether implemented in software or hardware. The RSA cryptosystem is a decent example of this. So there are some legitimate patents, though they're probably a minority. But that means that those people do

Re: Open Software License v2.1

2004-09-20 Thread Michael Poole
to the copyright holder then it would not be free. An example of a non-free license along these lines is the old NPL. You have yet to establish why this argument applies to the kind of patent lawsuit clause in the Open Software License, since it protects all licensees equally. You have yet

Re: Open Software License v2.1

2004-09-20 Thread Glenn Maynard
On Mon, Sep 20, 2004 at 01:07:33PM +0100, Andrew Suffield wrote: On Sun, Sep 19, 2004 at 05:36:12PM -0400, Glenn Maynard wrote: On Sun, Sep 19, 2004 at 03:00:53PM +0100, Andrew Suffield wrote: I am not sure why some people think the latter is acceptable, since it is similar in spirit and

Re: Open Software License v2.1

2004-09-20 Thread Andrew Suffield
On Sun, Sep 19, 2004 at 10:38:51AM -0400, Michael Poole wrote: Andrew Suffield writes: On Sun, Sep 19, 2004 at 09:41:05AM -0400, Michael Poole wrote: The former is objectionable -- and I think not free -- because the author's alleged patent infringement need not be related to the

Re: Open Software License v2.1

2004-09-20 Thread Andrew Suffield
clause in the Open Software License, since it protects all licensees equally. You have yet to establish what your argument has got to do with the price of tea in China. -- .''`. ** Debian GNU/Linux ** | Andrew Suffield : :' : http://www.debian.org

Re: Open Software License v2.1

2004-09-19 Thread Andrew Suffield
On Sat, Sep 18, 2004 at 12:15:24PM -0700, Josh Triplett wrote: In the world of proprietary software, the copyright holders of that software often have large numbers of software patents with which to defend themselves. Free Software developers, as you said, do not normally have software

Re: Open Software License v2.1

2004-09-19 Thread Matthew Garrett
Andrew Suffield [EMAIL PROTECTED] wrote: This idea is a variation on You may not use this software for military applications and goes against DFSG#5/#6. They're both intrinsically non-free, no matter how laudable you may consider them to be. Why is discrimination against people who want to

Re: Open Software License v2.1

2004-09-19 Thread Michael Poole
Matthew Garrett writes: Andrew Suffield [EMAIL PROTECTED] wrote: This idea is a variation on You may not use this software for military applications and goes against DFSG#5/#6. They're both intrinsically non-free, no matter how laudable you may consider them to be. Why is

Re: Open Software License v2.1

2004-09-19 Thread Andrew Suffield
On Sun, Sep 19, 2004 at 01:01:29PM +0100, Matthew Garrett wrote: Andrew Suffield [EMAIL PROTECTED] wrote: This idea is a variation on You may not use this software for military applications and goes against DFSG#5/#6. They're both intrinsically non-free, no matter how laudable you may

Re: Open Software License v2.1

2004-09-19 Thread Andrew Suffield
On Sun, Sep 19, 2004 at 09:41:05AM -0400, Michael Poole wrote: Note that there are two kinds of patent clauses floating around: One says that if you sue the software's authors for *any* patent infringement, your license is terminated. The other says that if you sue claiming that the

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