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: Why open-source means free to distribute?

2004-05-07 Thread clay graham
used with their permission. The permission required is described um, i think this could be misunderstood. you don't need thier *permission* you need to meet the guidelines that they require. this does not require written permission per se (at least that I can find) as long as you are distributing

Re: Why open-source means free to distribute?

2004-05-07 Thread Eugene Wee
Alex Rousskov wrote: Where does it say that OSI certified mark cannot be used with a BSD license text titled Foo Open License v1.2? I suppose that might be: Use of these marks for software that is not distributed under an OSI approved license is an infringement of OSI's certification marks and

Re: Why open-source means free to distribute?

2004-05-07 Thread Alex Rousskov
On Sat, 8 May 2004, Eugene Wee wrote: Alex Rousskov wrote: Where does it say that OSI certified mark cannot be used with a BSD license text titled Foo Open License v1.2? I suppose that might be: Use of these marks for software that is not distributed under an OSI approved license is an

Re: Why open-source means free to distribute?

2004-05-07 Thread Rod Dixon
I think Larry will have to answer your question authoritatively. In my opinion, the distinctions assumed by your question are impertinent. OSI has the legal authority to control the use of its certification trade mark within the parameters it sets forth. If they say under condition X, vendor Y is

Re: Why open-source means free to distribute?

2004-05-07 Thread jcowan
Rod Dixon scripsit: I think Larry will have to answer your question authoritatively. In my opinion, the distinctions assumed by your question are impertinent. OSI has the legal authority to control the use of its certification trade mark within the parameters it sets forth. If they say under

Re: Why open-source means free to distribute?

2004-05-06 Thread Alex Rousskov
I do not see a license on their web site. What GlueCode's license is OSI-certified? Alex. On Thu, 6 May 2004, Guilherme C. Hazan wrote: Hi, Since my last thread was little deturped from the main question, i'm starting another one. So, people stated that open-source is free to distribute.

Re: Why open-source means free to distribute?

2004-05-06 Thread Guilherme C. Hazan
I do not see a license on their web site. What GlueCode's license is OSI-certified? Do you recognise the green icon at left? http://www.gluecode.com/website/html/index.html See the orange menu? Click the last link: open source licensing Read it. Isnt it distribution-limited? regards

Re: Why open-source means free to distribute?

2004-05-06 Thread Alex Rousskov
On Thu, 6 May 2004, Guilherme C. Hazan wrote: I do not see a license on their web site. What GlueCode's license is OSI-certified? Do you recognise the green icon at left? http://www.gluecode.com/website/html/index.html See the orange menu? Click the last link: open source licensing

Re: Why open-source means free to distribute?

2004-05-06 Thread Guilherme C. Hazan
Hi, The paragraphs you seem to be referring to are not licenses. They only refer to OSL and ESL licenses. What does OSL and ESL stands for? thx guich -- license-discuss archive is at http://crynwr.com/cgi-bin/ezmlm-cgi?3

Re: Why open-source means free to distribute?

2004-05-06 Thread Alex Rousskov
On Thu, 6 May 2004, Guilherme C. Hazan wrote: The paragraphs you seem to be referring to are not licenses. They only refer to OSL and ESL licenses. What does OSL and ESL stands for? Enterprise Source License and OEM Source License. I am guessing these are Gluecode-invented names. I have

Re: Why open-source means free to distribute?

2004-05-06 Thread Guilherme C. Hazan
Hi, Just read carefully their page: http://www.gluecode.com/website/html/prod_licensing.htm ESL: Enterprise Source License OSL: OEM Source License None is an OSI approved license. In particular, the Enterprise Source License is certainly not open-source since it does not allow to

Re: Why open-source means free to distribute?

2004-05-06 Thread Alex Rousskov
On Thu, 6 May 2004, Guilherme C. Hazan wrote: Can i also create a license that is not OSI and place the logo at the main page? That could make my users happy. ;-D Only if you also distribute some software, to some users, under OSI license, I guess. I do not see a direct answer to your question

Re: Why open-source means free to distribute?

2004-05-06 Thread Guilherme C. Hazan
Hi Alex Can i also create a license that is not OSI and place the logo at the main page? That could make my users happy. ;-D Only if you also distribute some software, to some users, under OSI license, I guess. That makes sense. But what we think when we see the logo in the site is that

Re: Why open-source means free to distribute?

2004-05-06 Thread Fabian Bastin
Guilherme C. Hazan wrote: Hi, Just read carefully their page: http://www.gluecode.com/website/html/prod_licensing.htm ESL: Enterprise Source License OSL: OEM Source License None is an OSI approved license. In particular, the Enterprise Source License is certainly not open-source since it does not

Re: Why open-source means free to distribute?

2004-05-06 Thread jcowan
Guilherme C. Hazan scripsit: But GlueCode's license is OSI-certified and their license is clearly distribution-limited: http://www.gluecode.com/website/html/prod_licensing.htm Simple. Their license is *not* OSI certified and they are misusing the logo under false pretenses. (Their

RE: Why open-source means free to distribute?

2004-05-06 Thread Lawrence Rosen
[mailto:[EMAIL PROTECTED] Sent: Thursday, May 06, 2004 1:42 PM To: Guilherme C. Hazan Cc: [EMAIL PROTECTED] Subject: Re: Why open-source means free to distribute? On Thu, 6 May 2004, Guilherme C. Hazan wrote: The paragraphs you seem to be referring to are not licenses. They only

Re: Why open-source means free to distribute?

2004-05-06 Thread Ian Lance Taylor
Guilherme C. Hazan [EMAIL PROTECTED] writes: What we need to do to place the logo at our site? Just get it and put in the html? The logo is trademarked by the Open Source Initiative. It may only be used with their permission. The permission required is described here:

RE: Why open-source means free to distribute?

2004-05-06 Thread clay graham
, 2004 1:42 PM To: Guilherme C. Hazan Cc: [EMAIL PROTECTED] Subject: Re: Why open-source means free to distribute? On Thu, 6 May 2004, Guilherme C. Hazan wrote: The paragraphs you seem to be referring to are not licenses. They only refer to OSL and ESL licenses. What

Re: Why the GPL is invalid.

2004-02-12 Thread jcowan
daniel wallace scripsit: *sigh* In the case of the GPL an original preexisting author A prepares (authorizes) modification of his preexisting Preparing is what B does, not what A does. There was a meeting of the minds so Author A and Author B are in privity... they are not strangers to

Re: Why the GPL is invalid.

2004-02-12 Thread Seth Johnson
The GPL is not a contract. It requires no consent and no privity. The author simply declares how she exercises her rights. Nobody has to agree to it. Seth Johnson -Original Message- From: daniel wallace [EMAIL PROTECTED] Date: Thu, 12 Feb 2004 16:40:33 -0500 Subject: Why the GPL is

Re: Why the GPL is invalid.

2004-02-12 Thread Russell McOrmond
...etc...more repeats of old arguments already corrected. I find this thread interesting in that it shows that it is not just the lawyers for SCO that have problems understanding copyright law. While this is not to excuse all the confusions here, I do suspect that it lends some

Re: Why the GPL is invalid.

2004-02-12 Thread BSD Protector
--- daniel wallace [EMAIL PROTECTED] wrote: Author A and Author B are in contractual privity. Author A approached Author B with a GPL license and Author B said to Author A, I accept the GPL and agree to its terms. There was a meeting of the minds so Author A and Author B are in privity... they

Re: Why the GPL is invalid.

2004-02-12 Thread BSD Protector
--- daniel wallace wrote: See the Supreme Court citation [i]t goes without saying that a contract cannot bind a nonparty.? And that is precisely the reason why any license, including for instance, the BSD license, would be non-binding as a contract to anyone other than whoever entered the

Re: Why? Re: Will we be sued?

2003-12-30 Thread Nathan Kelley
To John Cowan [EMAIL PROTECTED] and OSI License Discussion subscribers, From: Nathan Kelley [EMAIL PROTECTED], From: John Cowan [EMAIL PROTECTED], All good advice, Larry :-) No no no no no no no. It is *not* advice. It is *not* advice. It is only education! Although this posting was written

Re: Why?

2003-12-30 Thread Jan Dockx
On 30 Dec 2003, at 7:06h, Alex Rousskov wrote: On Tue, 30 Dec 2003, John Cowan wrote: Alex Rousskov scripsit: So far, it looks like to safely place something in public domain, one should not claim a priori ownership/authorship but simply anonymously release the thing into the wild. SourceForge,

Re: Why? Re: Will we be sued?

2003-12-30 Thread Rick Moen
Quoting John Cowan ([EMAIL PROTECTED]): Although this posting was written by a non-lawyer, I am not *your* non-lawyer, nor are you my non-client. If you have a specific problem, you should pay your own non-lawyer the big bucks to give you his very own personalized non-answer. Is it just me,

Re: Why?

2003-12-29 Thread David Presotto
I can answer it for the Lucent public license at least. We write code for a living and would like to share as much of it as possible with the outside, both because it makes us feel good and because it increases the number of people making it better. For that copy-center or copy-left would work.

Re: Why?

2003-12-29 Thread Alex Rousskov
On Mon, 29 Dec 2003, David Presotto wrote: I can answer it for the Lucent public license at least. ... to be most useful to the rest of the company, we need to let our code also be mixable with proprietary stuff in the company. We could do lots of bookkeeping to separate what we wrote from

Re: Why?

2003-12-29 Thread Ian Lance Taylor
Jan Dockx [EMAIL PROTECTED] writes: Why do organizations that release software under a permissive, non-copyleft license, use a license in the first place? What is the difference between BSD and public domain? I've read elsewhere that it's actually not clear how to release code in the public

Re: Why?

2003-12-29 Thread Alex Rousskov
On Mon, 29 Dec 2003, Ian Lance Taylor wrote: I've read elsewhere that it's actually not clear how to release code in the public domain in the U.S. The [U.S.] law is based on prior cases and/or changing interpretation, so nothing can be 100% clear. However, Creative Commons, O'Reilly, and other

Re: Why?

2003-12-29 Thread Rick Moen
Quoting Alex Rousskov ([EMAIL PROTECTED]): The [U.S.] law is based on prior cases and/or changing interpretation, so nothing can be 100% clear. However, Creative Commons, O'Reilly, and other folks seem to know a sufficiently good solution. For example,

Re: Why?

2003-12-29 Thread John Cowan
Rick Moen scripsit: It should be pointed out that a public domain declaration would _not_ be a licence, but rather an attempt to nullify copyright title (which may or may not work, and may have differing results depending on jurisdiction). In any case, the right to recapture the copyright

Re: Why?

2003-12-29 Thread Alex Rousskov
On Mon, 29 Dec 2003, Rick Moen wrote: http://creativecommons.org/licenses/publicdomain/ In any event, note that the page doesn't (even at that) assert that such a declaration is legally effective. I believe the context implies that such a declaration is believed to be legally

Re: Why?

2003-12-29 Thread Rod Dixon, J.D., LL.M.
: Why do organizations that release software under a permissive, : non-copyleft license, use a license in the first place? This is an interesting question. I am assuming that the poster is really asking why use a non-copyleft license rather than a dedication to the public domain, but since

Re: Why?

2003-12-29 Thread Rod Dixon, J.D., LL.M.
PROTECTED] To: Rick Moen [EMAIL PROTECTED] Cc: [EMAIL PROTECTED] Sent: Monday, December 29, 2003 3:50 PM Subject: Re: Why? : Rick Moen scripsit: : : It should be pointed out that a public domain declaration would _not_ : be a licence, but rather an attempt to nullify copyright title (which : may

RE: Why?

2003-12-29 Thread Lawrence E. Rosen
: [EMAIL PROTECTED] Subject: Re: Why? I have puzzled over John's comment concerning the right to recapture the copyright. As a response to Rick's statement, I do not know what John means??? -Rod Rod Dixon Open Source Software Law Blog: http://opensource.cyberspaces.org

Re: Why?

2003-12-29 Thread Jan Dockx
Thanks for all your answers, but let me go at this one by one: 1) a) Do I understand it correctly that you _believe_ that you can be sued for damages if code that is distributed for free _fails_, at least in the States? And that a disclaimer as it is presented with most Open Source licenses

Re: Why?

2003-12-29 Thread Peter Fairbrother
Jan Dockx wrote: Why do organizations that release software under a permissive, non-copyleft license, use a license in the first place? I'd guess the idea is so that other people can feel free to (re)use their code/ software. If there is no licence then the other people wouldn't feel free to

Re: Why?

2003-12-29 Thread Rick Moen
Quoting Alex Rousskov ([EMAIL PROTECTED]): I believe the context implies that such a declaration is believed to be legally effective. You can believe that, but, from inquiries so far, it is not clear Creative Common does. The matter, indeed, appears to occasion some controversy. Again, by

Re: Why?

2003-12-29 Thread Peter Fairbrother
Lawrence E. Rosen wrote: Can we assume he means the right to terminate a license under certain conditions? 17 U.S.C. ยง 203. This is an oft-confused issue. /Larry I _think_ he's answering the question Can abandonment be irrevocable?, which I asked a while ago. Assuming a PDD is abandoning

Re: Why?

2003-12-29 Thread Rick Moen
Quoting Jan Dockx ([EMAIL PROTECTED]): 3) I do not understand how the Lucent example relates to my question about the difference between a permissible license such as BSD and public domain. My main question here is: why are we so obsessed with licenses? I understand for the FSF, and the

Re: Why?

2003-12-29 Thread David Presotto
If you say so. I understand that for the patent infringement (see lower and above), but for damages, I think it is weird. I would expect the party that made money of it to get sued, and possibly convicted, but not the original authors that put the thing in the public domain. Actually, that

Re: Why?

2003-12-29 Thread Alex Rousskov
On Tue, 30 Dec 2003, Peter Fairbrother wrote: The real problem is of course that copyright is a statutory right and like all statutory rights cannot be abandoned Wow. Looks like you are saying that we have something that expires or disappears after X years, but cannot be forced (accelerated)

Re: Why?

2003-12-29 Thread John Cowan
Alex Rousskov scripsit: So far, it looks like to safely place something in public domain, one should not claim a priori ownership/authorship but simply anonymously release the thing into the wild. SourceForge, CreativeCommons, or somebody should offer such a service. Anonymous code is too

Re: Why?

2003-12-29 Thread Alex Rousskov
On Tue, 30 Dec 2003, John Cowan wrote: Alex Rousskov scripsit: So far, it looks like to safely place something in public domain, one should not claim a priori ownership/authorship but simply anonymously release the thing into the wild. SourceForge, CreativeCommons, or somebody should

Re: Why? Re: Will we be sued?

2003-12-29 Thread Nathan Kelley
To OSI License Discussion subscribers, From: Jan Dockx [EMAIL PROTECTED], From: David Presotto [EMAIL PROTECTED], From: Jan Dockx [EMAIL PROTECTED], From: Lawrence E. Rosen [EMAIL PROTECTED], Are we really afraid that we will be sued for damages by something we give away for free (as in free

Re: why MPL is hard for other companies to adopt? (was RE: Open SourceBusiness Found Parasitic, and the ADCL)

2003-03-14 Thread John Cowan
James Harrell scripsit: The obvious major issue, is now that another commercial entity (Netscape) has the authority to subvert the license. Not that they would, but they could. Not having this section templated (ie: Insert company name here) is a show stopper. Am I missing something? If you

Re: Why is BSD OSI certified?

2002-10-17 Thread John Cowan
Rod Dixon scripsit: Article 2 of the OSD sets out a requirement that if the applicable license ignored the restriction or contained provisions that were contra, the license would not be consistent with Article 2. I suspect the OSI Board might reject such a license, if it were submitted. In

Re: Why is BSD OSI certified?

2002-10-16 Thread John Cowan
Alain =?iso-8859-1?Q?D=E9silets?= scripsit: Looking on OSI's web site, I see that BSD is OSI certified. However, one criteria for OSI certification is that: Where some form of a product is not distributed with source code, there must be a well-publicized means of obtaining the source

Re: Why is BSD OSI certified?

2002-10-16 Thread Rod Dixon
John, would you further clarify your point? I am unsure whether I understand the distinction you are making. An open source software license governs open source software. How did you splice this to get to Netscape 7.0? I can post part of Netscape's license, if necessary, but paragraph 5 (I think)

Re: Why is BSD OSI certified?

2002-10-16 Thread Rod Dixon
Rod Dixon scripsit: John, would you further clarify your point? I am unsure whether I understand the distinction you are making. An open source software license governs open source software. Although the OSI certifies licenses, the OSD is a definition of what it means for *software*