Re: testing kit conformance as a condition of distribution

2004-06-30 Thread Russell Nelson
Mitchell Baker writes: You acknowledge that this software is not designed or intended for use in the design, construction, operation or maintenance of any nuclear facility. Would including this clause in a BSD-license be OK? Sure. It just requires that you say something which is

Re: OSD #6 (fields of endeavor) and research vs commercial rights

2004-06-15 Thread Russell Nelson
Bob Scheifler writes: So the word restrict in OSD#6 (and the word prevent in the rationale) should be interpreted narrowly to mean completely preclude? Meaning, there's no obligation for all fields of endeavor to be on equal footing; it's (definitionally) acceptable for the license to

Re: Dual licensing

2004-06-14 Thread Russell Nelson
Marius Amado Alves writes: (At the SDC we're drafting a new license. We're using the term fair source for internal work. I don't know if that's the term that will be exposed. Suggestions welcome. www.softdevelcoop.org) I use Source Available to describe software where you can get the

Re: Dual licensing

2004-06-12 Thread Russell Nelson
Marius Amado Alves writes: and because your questioning indicates convergence with the SDC philosophy, which is really simple: it's open source, but if it's used commercially, then the authors get a cut. I'm sorry, Marius, I'm confused. How can be it open source, and yet if used

Re: Dual licensing

2004-06-12 Thread Russell Nelson
Marius Amado Alves writes: tout court to mean something different, but life has shown repeatedly that the vast majority of speakers won't follow the suggestion. Actually, it's a small minority of speakers who won't follow the suggestion. Their life is made more complicated by their choice.

Re: free Re: Dual licensing

2004-06-11 Thread Russell Nelson
Chris F Clark writes: Actually, as long as the license is OSI compatible--meaning effectively that some recipient could give the software to the party to which one does not wish to sell, is there any reason that a developer could not sell open source software only to a select group of

Re: Seeking input on license of existing project

2004-06-11 Thread Russell Nelson
Ernest Prabhakar writes: What *is* our policy on licenses that are just name changes? Sigh. This is a problem. We can't let people willy-nilly make just name changes to a license. What if they want to change the controlling law, or jurisdiction? That's why we've pushed hard for licenses

Re: Creative Commons Attribution

2004-06-11 Thread Russell Nelson
Evan Prodromou writes: So, the Creative Commons licenses are not OSI-approved: Only because nobody has submitted them. In discussing this on the Creative Commons cc-licenses list, one commenter thought that the Attribution license element* would not meet the OSD.

Re: RFD: Pixelglow Source License

2004-05-29 Thread Russell Nelson
[EMAIL PROTECTED] writes: Hi all, I've released my C++ header-only library macstl under the Pixelglow Source License, which is basically equivalent to a BSD license except for two things: http://www.pixelglow.com/macstl/license/ 1. It has the modified files attribution clause

Re: For approval: wxWindows-to-wxWidgets license name change

2004-05-27 Thread Russell Nelson
Ernest Prabhakar writes: Hmm. Once upon a time, I though that OSI policy was to require 'templates' for all approved licenses, and that any variations on that template were automatically approved. Is that (or was that ever) a formal policy? Not 'require', but strongly recommend.

Re: Why open-source means free to distribute?

2004-05-27 Thread Russell Nelson
Guilherme C. Hazan writes: Just read carefully their page: http://www.gluecode.com/website/html/prod_licensing.htm Sure, but why the OSI logo at the main page??? It isn't not anymore. -- --My blog is at angry-economist.russnelson.com | You know you have a Crynwr sells support

Re: For Approval: Open Project Public License (OPPL)

2004-04-14 Thread Russell Nelson
Larry Masters writes: May have to put this back on the drawing board. Basically what we are wanting to do with the license is control code created to work with the licensed software, control meaning that any software created to work with it must be released under the same license and

License Committee Report

2004-04-14 Thread Russell Nelson
I'm the chair of the license approval committee. This is my report for the current set of licenses under discussion. If anybody disagrees with my assessment of the committee's conclusions, say so promptly. -- Restricts license termination to only if the original work is alleged to infringe a

License Committee Report v2

2004-04-14 Thread Russell Nelson
[ note the addition of the Adaptive Public License at the end. There have STILL not been sufficient comments on the Adaptive Public License. -russ ] I'm the chair of the license approval committee. This is my report for the current set of licenses under discussion. If anybody disagrees with

Re: CPL

2004-02-24 Thread Russell Nelson
Tony Linde writes: The goal is that any of the software we develop can be shared amongst the partner projects without limitations (save retaining copyright and contribution notices) AND that any code can be taken, adapted and used by any commercial concern without restriction (again save

Re: License Committee report

2004-02-22 Thread Russell Nelson
[EMAIL PROTECTED] writes: I'm the chair of the license approval committee. This is my report for the current set of licenses under discussion. If anybody disagrees with my assessment of the committee's conclusions, say so promptly. The board voted on Thursday afternoon to accept the

Re: very small mistakes in CUA Office Public License

2004-02-18 Thread Russell Nelson
Patranun Limudomporn writes: and thank you for OSI approval too. Your license has been sent to the board for consideration. No action has yet been taken to approve your license, nor any other license submitted since middle August of 2003. -- --My blog is at angry-economist.russnelson.com |

Re: License Committee report

2004-02-18 Thread Russell Nelson
Zooko O'Whielacronx writes: So if I understand correctly, the Simple Permissive License and the (ideally edited) Fair License both pass the litmus test of OSD. In addition to approving licenses which meet the OSD, the OSI also prefers to slow the proliferation of substantially similar

Re: License Committee report

2004-02-18 Thread Russell Nelson
Carmen Leeming writes: Title: Adaptive Public License Submission: http://www.crynwr.com/cgi-bin/ezmlm-cgi?3:mss:6913:200305:bogcdnbbhnfbgpdeahob License: http://www.mamook.net/APL.html This license was submitted in May 2003. I checked in June to make sure that the license had

License Committee report

2004-02-17 Thread Russell Nelson
I'm the chair of the license approval committee. This is my report for the current set of licenses under discussion. If anybody disagrees with my assessment of the committee's conclusions, say so promptly. -- We've sat on this license submission for far too long. It's a clever and innovative

Re: Copyright Act preempts the wave theory of light

2004-02-16 Thread Russell Nelson
BSD Protector writes: With all due respect, this mailing list is called: license-discuss. 1. GPL is a license. 2. It is being discussed. 3. It is not a license under consideration for approval by OSI. Therefore ... it is off-topic for this mailing list. -- --My blog is at

Re: For Approval: NASA Open Source Agreement Version 1.1

2004-02-16 Thread Russell Nelson
Alex Rousskov writes: - If NASA wants to kindly ask users to register, license is not the right place to do that. NASA should change the license before OSI approves it (a simple quality control issue) On the other hand, if NASA wants to require redistributors to

autoresponses

2004-02-12 Thread Russell Nelson
Hi. Sorry about the autoresponses that have gone to list contributors. Here's what happened: 1) Worm forges email from an autoresponder to the list subscription address. 2) list manager sends confirmation. 3) autoresponder confirms. I've unsubscribed the autoresponders. -- --My blog is at

Re: please discuss EU DataGrid

2003-10-10 Thread Russell Nelson
Ernie Prabhakar writes: I have no idea if this is legally coherent, but I don't see anything here that would create an OSD conflict, since other OSI licenses seem to automatically require similar things, just without the separate written license agreement escape clause. Thanks,

Re: For Approval: Open Source Software Alliance License

2003-09-29 Thread Russell Nelson
Chip Salzenberg writes: According to Brian Behlendorf: ... there are people out there who passionately cling to the notion that if you get value for using a piece of software, you should be paying the authors of that software ... What if the authors are of a different opinion? Are

Re: For Approval: Open Source Software Alliance License

2003-09-29 Thread Russell Nelson
Sean Chittenden writes: Why should the GPL be any different to you? A patch under the GPL is the same as a patch released in an unusable form. My bias and the OSSALs bias against the GPL stems from the terms in the GPL that prevent me from using GPL'ed code in products. Exactly my

Re: Creating Open Source Software for the Insurance Industry

2003-09-28 Thread Russell Nelson
This sounds like a question for the Free Software Business mailing list, rather than the open source initiative license approval committee. [EMAIL PROTECTED] is the submission address; [EMAIL PROTECTED] is the subscription address. -russ James McGovern writes: My employer has asked me to

Re: For Approval: Open Source Software Alliance License

2003-09-28 Thread Russell Nelson
Sean Chittenden writes: Correct, but the BSD license does not ensure that all software developed will be available under terms friendly for businesses, which goes back to the point of me writing the OSSAL. Neither does the OSSAL. Anybody can make changes to OSSAL-licensed code and not

Re: For Approval: Open Source Software Alliance License

2003-09-28 Thread Russell Nelson
Mike Wattier writes: The OSI is a political organization yeah.. and IMHO this is the very reason that many who want to support the Open Source community, will not do so. It is slowly becoming a cheerleading section for the GPL. Not really. The GPL is legally troubled. It attempts

Re: For Approval: Open Source Software Alliance License

2003-09-28 Thread Russell Nelson
Brian Behlendorf writes: It's not flame bait. Show me an open source license that specifies that each user pay the copyright holder for use. You could have a license which specifies that each user have to pay the copyright holder when they get the software from the copyright holder. It

Re: For Approval: Open Source Software Alliance License

2003-09-28 Thread Russell Nelson
Sean Chittenden writes: Because I believe that if I provide, as an example, a programming language and someone writes a module for that language, the least that the module author can do is release the module under business friendly terms. If someone writes a module for my lang but

Re: For Approval: Open Source Software Alliance License

2003-09-28 Thread Russell Nelson
Sean Chittenden writes: What I'm trying to understand is why you say that incorporating BSD code in a proprietary product is a good thing and simulataneously say that incorporating BSD code in a GPL product is a bad thing. Changes made to the BSD code by the authors of the

Re: For Approval: Open Source Software Alliance License

2003-09-27 Thread Russell Nelson
Sean Chittenden writes: Because I want widget makers to be able to take OSSAL code, and use it in proprietary products. But that's what the FSF is doing! Why don't you want them to do it? The OSSAL lets widget makers who use the same set of modules, ensure that any work on the modules

please discuss EU DataGrid

2003-09-26 Thread Russell Nelson
This license has been sitting around for over a month, and nobody has said anything. Maybe it's because it's obviously open source, but as committee members, I'd like to hear it explicitly from your mouths (or keyboards rather) to report back to the board. It's actually a fairly interesting

Re: For Approval: Open Source Software Alliance License

2003-09-26 Thread Russell Nelson
Sean Chittenden writes: The GPL interferes with the creation of proprietary software. Correct, which is what I object to and why I created the OSSAL. Businesses using OSSAL software would give the business the ability to create proprietary software, even though the non-core parts are

Re: For Approval: Open Source Software Alliance License

2003-09-26 Thread Russell Nelson
Ernie Prabhakar writes: It sounds to me like Sean really wants to avoid the emergence of a alternative, viable Open Source fork of his project under the GPL. That is, he is less concerned about what happens to the code per se, and more concerned about the -community- being split by

Re: For Approval: Open Source Software Alliance License

2003-09-25 Thread Russell Nelson
Sean Chittenden writes: Let me clarify some vocabulary: people = home user or developer of applications out side of a commercial entity working on a not for sale piece of software. businesses = commercial developers interested explicitly in the purpose of

Re: THIS IS VERY URGENT

2003-09-13 Thread Russell Nelson
Clay Graham writes: this list needs a filter for this type of stuff. The list HAS a filter for this type of stuff. Why do you think this is the first one that's hit the list in a couple of years? -- --My blog is at angry-economist.russnelson.com | Free markets express in the Crynwr sells

is it just summertime?

2003-07-09 Thread Russell Nelson
Is it just summertime, and people are outside enjoying themselves? Otherwise, I have to wonder why there have been no comments on http://crynwr.com/cgi-bin/ezmlm-cgi?3:mss:6923:200306:adcbobdimckahfihhlcg or http://crynwr.com/cgi-bin/ezmlm-cgi?3:mss:6976:200306:odefmgncbfagijaemlbg Are these

three licenses submitted to the board

2003-05-31 Thread Russell Nelson
I've submitted three licenses to the board for approval. ENRL, Entessa, and Lucent Public License 1.0. Of them, Entessa and LPL are recommended for approval. Thanks for your help with these! -- --My blog is at angry-economist.russnelson.com | Rebecca's incredibly neat Crynwr sells support

Re: For approval: ENCUL

2003-05-30 Thread Russell Nelson
Chuck Swiger writes: Given the following two choices: A: software sits on the shelf, unseen, for X years, then is released under, say, the BSD license (if anyone still remembers); ...or... B: software is released to the public with certain restrictions (such as resale for

RE: Compatibility of the AFL with the GPL

2003-03-14 Thread Russell Nelson
Lawrence E. Rosen writes: OK, guys, play with me one more round. This time, let's do it in the form of a law school exam question and let's get the lawyers and IANALs on this list to chime in: Nahhh. None of this is necessary. There's nothing in the AFL that says that you must use the

RE: Compatibility of the AFL with the GPL

2003-03-14 Thread Russell Nelson
Eben Moglen writes: No, that's not quite right. We do have to resolve one question, which is whether the effect of the AFL is to pass through the patent- retaliation provision on code which is relicensed. Larry's taught me not to paraphrase, so let's look at the actual language:

Re: Compatibility of the AFL with the GPL

2003-03-14 Thread Russell Nelson
Greg Pomerantz writes: Lawrence E. Rosen writes: OK, guys, play with me one more round. This time, let's do it in the form of a law school exam question and let's get the lawyers and IANALs on this list to chime in: Nahhh. None of this is necessary. There's nothing in

RE: Compatibility of the AFL with the GPL

2003-03-14 Thread Russell Nelson
Lawrence E. Rosen writes: Sorry to have to knock that leg of the chair out from under you, Foo. And I was on such a roll! That's why the term compatibility has been such a sore point for me. The point of the law school exam being for anyone to be able to show a difference in people's

discuss: No Warranty License (round 2).

2003-03-09 Thread Russell Nelson
[ please discuss this license. I assume that the submittor means to withdraw the previous version. -russ ] The originally posted No Warranty License isn't being lookup upon favorably on the discuss list so here is an updated version to discuss. It is a BSD license with two extra sentences

discuss: No Warranty License.

2003-02-22 Thread Russell Nelson
[ Please discuss this license. Is this discriminating against users in countries where warranty can be disclaimed? -russ ] This license is a standard BSD license without the advertising clause but with a clause (immediately before the warranty and liability disclaimer) which only gives you

Re: OSD Model Code -- Article 1 (Free Distribution)

2003-01-21 Thread Russell Nelson
Lawrence E. Rosen writes: I think [Article 1] really means: The license must permit all licensees to make copies of the software without payment of additional royalties to the licensor. The license cannot restrict licensees from either selling or giving away those

Re: time frame between request for approval and acknowledgement of request?

2002-11-21 Thread Russell Nelson
John Cowan writes: With respect, Russ, that's bassackwards. Collectively if not individually, the members of the list have far more free man-hours than you do. You should pass submissions straight on to the list and let one or more of us shoot them down if they are obvious losers. Okay,

Re: time frame between request for approval and acknowledgement of request?

2002-11-20 Thread Russell Nelson
Bruce Dodson writes: What should one expect as a reasonable time period between the sumission of a license-approval request, and some acknowledgement that the request has been made? I'm a volunteer, Bruce, with a TODO list longer than your arm. The problem with license submittals is that I

a data licensing problem

2002-11-08 Thread Russell Nelson
I have a problem that I would like y'all to consider. A company sells datasets. They wish to cooperate with the opensource folks to the extent that opensource folks can use a free copy of their dataset. They would also like to be able to sell that same dataset to people using proprietary

Re: License FAQ

2002-11-08 Thread Russell Nelson
[EMAIL PROTECTED] writes: Hello All, Please excuse me if I've overlooked this but I can't seem to find any sort of FAQ or reference that gives an overview of the various licenses. Does anyone know of a good resource that compares and contrasts the major open source licenses in

Re: a data licensing problem

2002-11-08 Thread Russell Nelson
John Cowan writes: to insist (by legal, not technical, means) that your page on the WWW is only to be read by people with Mozilla (etc.) browsers, and not IE browsers. How do you manage to enforce such a thing? Aha! Bing! That's how you do it! You publish the data in a special open

Re: a data licensing problem

2002-11-08 Thread Russell Nelson
John Cowan writes: Russell Nelson scripsit: Aha! Bing! That's how you do it! You publish the data in a special open source format, which is unusable by Windows applications. Sure, somebody in the open source world might create a format converter, but why would they bother

RE: a proposed change to the OSD

2002-10-30 Thread Russell Nelson
[EMAIL PROTECTED] writes: 1. Use Restrictions. It is not Sybase's intent (by use of a clickwrap format or otherwise) to restrict the use of the software for any purpose. Right. That's a different but related issue. 1) if there's no contract, there cannot possibly be any restrictions. 2)

click-wrap is legally supportable?

2002-10-28 Thread Russell Nelson
I wonder if you are deemed to have accepted a click-wrap license if software requiring a click-wrap appears on your machine? Have you agreed to every license which was clicked past on your machine? What if an employee with no authority to bind the company to a contract clicked? What if someone

RE: Re: a proposed change to the OSD

2002-10-28 Thread Russell Nelson
Robert Samuel White writes: as Russ and some his cronies. I don't have cronies. I have minions. -- -russ nelson http://russnelson.com | Crynwr sells support for free software | PGPok | businesses persuade 521 Pleasant Valley Rd. | +1 315 268 1925 voice | governments coerce

Re: click-wrap is legally supportable?

2002-10-28 Thread Russell Nelson
Rod Dixon, J.D., LL.M. writes: Some of your hypotheticals are interesting, but I think you are missing the point. We are discussing licenses that are presumably issued by licensors. In that respect, it is in the interest of the licensor to follow the steps that might ensure that his or her

Re: a proposed change to the OSD

2002-10-27 Thread Russell Nelson
John Cowan writes: Russell Nelson scripsit: At the end of the day, Larry, the community doesn't want to use software for which it has to contract to use. Amen. I was reflecting on the Open Software License, and I realized that it is not only viral, it is super-viral

Re: a proposed change to the OSD

2002-10-27 Thread Russell Nelson
John Cowan writes: Russell Nelson scripsit: How about this legal theory instead of click-wrap: you got the software for free. If you continue to use it, it is because you agree with the terms under which the software is offered. If ever you disagree, you have simply to delete

Re: a proposed change to the OSD

2002-10-26 Thread Russell Nelson
Giacomo A. Catenazzi writes: Russell Nelson wrote: I'm going to propose a change the Open Source Definition at our board meeting next Thursday. It is simply this: 0) A license may not restrict use or modification of a lawfully obtained copy of a work. Anybody have

RE: a proposed change to the OSD

2002-10-26 Thread Russell Nelson
Lawrence E. Rosen writes: the courts are clear about the importance of such notices for contract formation. What attributes of a license make a contract necessary? I know that you need a contract to disclaim warranties, but I'm not sure that it's necessary to disclaim a warranty on a gift.

RE: a proposed change to the OSD

2002-10-26 Thread Russell Nelson
Lawrence E. Rosen writes: Do you really mean: A license may not restrict use or modification by the possessor of a lawfully obtained copy of a work. That's what I mean. How can you use or modify something unless you possess it? Remote control?? But I'm not sure that this particular

RE: a proposed change to the OSD

2002-10-26 Thread Russell Nelson
Lawrence E. Rosen writes: I have proposed a click-wrap notice that would allow ONE single notice for all the programs in a distribution. I believe that one notice is legally sufficient and indeed necessary to obtain affirmative assent to the licenses for the individual works comprising

Re: a proposed change to the OSD

2002-10-26 Thread Russell Nelson
John Cowan writes: Russell Nelson scripsit: I'm going to propose a change the Open Source Definition at our board meeting next Thursday. It is simply this: 0) A license may not restrict use or modification of a lawfully obtained copy of a work. What about verbatim

Re: a proposed change to the OSD

2002-10-26 Thread Russell Nelson
Dr. David Alan Gilbert writes: * Bruce Perens ([EMAIL PROTECTED]) wrote: My only concern is how this would interact with Larry's new license. Well I was thinking about GPL on libraries since that restricts what you are allowed to link the library against; (No I'm not trying to get into

Re: a proposed change to the OSD

2002-10-26 Thread Russell Nelson
Rod Dixon, J.D., LL.M. writes: Despite the expressed sentiment of some OSI members, I doubt that any lawyer would advise support of this change to the OSD, if it pertains to the clickwrap issue. I didn't write it to address the clickwrap issue, although I can see that it does affect it. I

a proposed change to the OSD

2002-10-25 Thread Russell Nelson
I'm going to propose a change the Open Source Definition at our board meeting next Thursday. It is simply this: 0) A license may not restrict use or modification of a lawfully obtained copy of a work. Anybody have problems with this? Does this have any problems? -- -russ nelson

Re: a proposed change to the OSD

2002-10-25 Thread Russell Nelson
Ralph Mellor writes: PS. I haven't been able to thru to http://www.opensource.org for an hour or so. Packets seem to be stuck in San Jose... Yes, Brian Behlendorf's server was not healthy earlier today. I'm sure that he's working on fixing it. Oh, and I only CC'ed Bruce Perens because he

Re: Moral Rights (was Simplified Artistic License (A Proposed Compromise))

2002-10-07 Thread Russell Nelson
Bruce Dodson writes: You misunderstood me, Larry. I was not saying that YOU were trying to discourage RSW from pursuing approval. On the contrary I was surmising, without putting words in your mouth, that you'd agree that this would be unconscionable. As for Russ and others, I

Re: Simplified Artistic License (A Proposed Compromise)

2002-10-03 Thread Russell Nelson
Robert Samuel White writes: I can understand your point of view, I just wonder if you can see mine? Of course. Do you understand that I see your point of view, and that I'm trying to help you achieve your goal? I am an artist. I develop software, and that's what I love doing. I also

discuss: OCLC Office of Research Open Source License

2002-09-30 Thread Russell Nelson
[ Please discuss this license. -russ ] Open Source Initiative. September 23, 2002 Dears Sirs, We are submitting the OCLC Office of Research Public License 2.0 as a candidate for OSI Certification. Feel free to post the license to the license-discuss list.

RE: Legal soundness comes to open source distribution

2002-08-15 Thread Russell Nelson
Brian Behlendorf writes: On Wed, 14 Aug 2002, Russell Nelson wrote: I like mine (well duh!) because it explicitly says that all is fair in love, war, and software use and modification except for a few things. That's also its weakness because the list needs to be right; no more

RE: Legal soundness comes to open source distribution

2002-08-14 Thread Russell Nelson
Lawrence E. Rosen writes: Several people, including Bruce Perens, Russ Nelson, myself, and most recently David Johnson, have suggested wording for such an OSD provision. None of those versions has caused the others on this list to stand up and cheer. Particularly Bruce's, which he never

Re: Legal soundness comes to open source distribution

2002-08-14 Thread Russell Nelson
Rick Moen writes: Quoting Russell Nelson ([EMAIL PROTECTED]): Oh, it's *always* had to be changed. Anybody could insert restrictions on use into a license and ask us to approve it. Since the OSD says nothing about a license not being allowed to have restrictions on use, we

Re: Legal soundness comes to open source distribution

2002-08-13 Thread Russell Nelson
Carol A. Kunze writes: Berstein says - In the United States, once you own a copy of a program, you can back it up, compile it, run it, and even modify it as necessary, without permission from the copyright holder. See 17 USC 117. You have to OWN the copy. When I say that in a

Re: Legal soundness comes to open source distribution

2002-08-13 Thread Russell Nelson
David Johnson writes: On Tuesday 13 August 2002 08:52 pm, Russell Nelson wrote: Oh, it's *always* had to be changed. Anybody could insert restrictions on use into a license and ask us to approve it. Since the OSD says nothing about a license not being allowed to have

Re: Legal soundness comes to open source distribution

2002-08-12 Thread Russell Nelson
[ Catching up on mail from ten days ago ] Carol A. Kunze writes: Here is the theoretical difference between proprietary and traditional (GPL, BSD) free software. With the former the user agrees to a license and does not get title to the copy of the program. Without agreeing to the

Re: Legal soundness comes to open source distribution

2002-08-03 Thread Russell Nelson
Brian Behlendorf writes: On Fri, 2 Aug 2002, Russell Nelson wrote: From what various legal scholars tell me, a non-contractual license (such as the GPL) cannot cause you to give up your warranty rights. Is there a reference of some sort for this? It's about the only solid

Re: Legal soundness comes to open source distribution

2002-08-03 Thread Russell Nelson
David Johnson writes: Click-thru threatens to overturn this fundamental tenet. Regardless of what other effects it may have, it will severly damage the philosophical core of Open Source. I share your fear, and brought it to the board at the last meeting. Allowing contractural licenses

RE: Legal soundness comes to open source distribution

2002-08-03 Thread Russell Nelson
Lawrence E. Rosen writes: The MPL (and almost all similar licenses), for example, contains a patent grant that specifically applies to use and practice and it disclaims application of those patents to the combination of the Original Code with other software or devices. But that, by

Re: Legal soundness comes to open source distribution

2002-08-03 Thread Russell Nelson
John Cowan writes: Russell Nelson scripsit: If you could put restrictions on modification, then BitKeeper is open source. The GPL puts modest restrictions on modification, at least of interactive programs. Indeed. One has to wonder whether the GPL should be an approved

Re: Legal soundness comes to open source distribution

2002-08-02 Thread Russell Nelson
Michael St . Hippolyte writes: On 2002.08.01 23:18 Russell Nelson wrote: At the July OSI board meeting last week, we approved the Academic Free License (think MIT/BSD/X11/Apache with a patent grant) and we sent four licenses back for reconsideration. As someone who has submitted

Re: Legal soundness comes to open source distribution

2002-08-02 Thread Russell Nelson
Brian Behlendorf writes: I see a practical issue - if I install Debian from CD and fire up Mozilla, I don't want to have to go through ten dozen different dialog boxes with I don't like it any more than you do. You're being asked to agree to give up the right to any warranty. From what

Re: Legal soundness comes to open source distribution

2002-08-02 Thread Russell Nelson
M. Drew Streib writes: Use licenses scare me. They scare me too. That's why I think we need to change the OSD. -- -russ nelson http://russnelson.com | New Internet Acronym: Crynwr sells support for free software | PGPok | 521 Pleasant Valley Rd. | +1 315 268 1925 voice |

RE: Legal soundness comes to open source distribution

2002-08-02 Thread Russell Nelson
Lawrence E. Rosen writes: Then how about a provision of the OSD that reads something like the following: An open source license cannot restrict any fair use rights that would be available for a copyrighted work in the absence of a license. That certainly would prevent

Re: discuss: SHPTRANS License Template

2002-08-01 Thread Russell Nelson
[ Thanks, folks. Approval discussion of the SHPTRANS License Template is now closed. ] Bruce Dodson writes: I made a revision to the SHPTRANS License Template. http://gisdeveloper.tripod.com/shptrans_license_template.html The changes are highlighted in the HTML. By suggesting that

Re: discuss: SHPTRANS License Template

2002-08-01 Thread Russell Nelson
Bruce Dodson writes: I thought this process was one in which the license is submitted for discussion, minor revisions are made if needed, and the license is eventually accepted or rejected. How can one resolve problems if one is not allowed to change the license? I don't know? WHAT

Legal soundness comes to open source distribution

2002-08-01 Thread Russell Nelson
At the July OSI board meeting last week, we approved the Academic Free License (think MIT/BSD/X11/Apache with a patent grant) and we sent four licenses back for reconsideration. Here's the hitch: we were asked to approve a license which includes a requirement for click-wrap. The submittor had

discuss: SHPTRANS License Template

2002-07-29 Thread Russell Nelson
[ Please discuss this license. This version is different from earlier versions seen here. I have appended the license text to Bruce's email. Please note that the license must stand on its own, since GPL compatibility is an option, not a requirement. -russ ] Bruce Dodson writes: I've been

Re: UnitedLinux and open source

2002-06-15 Thread Russell Nelson
John Cowan writes: Russell Nelson scripsit: Here's what I call free software: If you can get the source code, AND If you can make any changes you want to the source, AND Not even the MIT or new-BSD licenses allow that: some parts of the source have to remain invariant

Re: UnitedLinux and open source

2002-06-14 Thread Russell Nelson
Rodrigo Barbosa writes: Also, as you can see (if you take the time to read the infos on the site), not all Open Source licenses are free software licenses. All software which is OSI Certified Open Source (that is, licensed under an approved license) is free software. -- -russ nelson

Re: UnitedLinux and open source

2002-06-14 Thread Russell Nelson
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

Re: Hi,so cool a flash,enjoy it

2002-05-13 Thread Russell Nelson
Karsten M. Self writes: These are Klez mailings. Might help to filter the list on these. Filter strings have been posted at Slashdot. Even better: no text/html postings, no multipart/alternative postings. -- -russ nelson http://russnelson.com | Okay, enough is enough! Crynwr

Re: Discuss: Request for OSI approval

2002-04-25 Thread Russell Nelson
Rick Moen writes: Submitters should ideally do their own text-janitorial work. We specifically ask them for HTML, because it's easier to remove markup than create it from scratch. -- -russ nelson http://russnelson.com | Economic ignoramuses find Crynwr sells support for free

RE: Static v. Dynamic Linking -- redux

2002-03-16 Thread Russell Nelson
Emiliano writes: I don't think it'd be a good approach (legally or morally), but isn't the licensee bound by the text of the license, and nothing else? Again, I must stress that this is not based on experience, but instead on learning. From what I have read, what really matters is your

Re: OSD modification regarding what license can require of user

2002-03-15 Thread Russell Nelson
Richard Stallman writes: The reason we've decided that this ASP requirement is legitimate is that it is a matter of requiring making the modified source code available in a case of public use. It extends existing GPL requirements coherently to a new scenario of usage. We've never

Re: OSD modification regarding what license can require of user

2002-03-15 Thread Russell Nelson
Richard Stallman writes: A simple example: it is totally trivial on Windows to build a 'service' from a DLL, exposing its entire interface. This would be running as a separate executable, but would look like a regular library to any windows program. The FSF's position

RE: Static v. Dynamic Linking -- redux

2002-03-15 Thread Russell Nelson
Emiliano writes: I am totally uneducated in the matters of license legalities, but is it actually illegal to circumvent a license? If the wording of the license allows a particular use, will the court read the letter of the license or the spirit of the license? In my admittedly limited

Re: OSD modification regarding what license can require of user

2002-03-14 Thread Russell Nelson
Emiliano writes: I see the issues this brings, but my immediate choices are 1) keep the source closed, or 2) release the sources under conditions that give the users of the service that my software will provide the same freedoms as the entity running that software for them has. You

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