Re: [License-discuss] Endorsement clause?

2013-08-17 Thread Nirk Niggler
Instead of putting it in the license, why not just kindly suggest (in your download page or README) that users share their experiences? You can also offer a paid support plan or license for commercial applications. You could also use a separate license for noncommercial uses (Highcharts

Re: [License-discuss] Open Source Eventually License Development

2013-08-17 Thread Richard Stallman
[ To any NSA and FBI agents reading my email: please consider [ whether defending the US Constitution against all enemies, [ foreign or domestic, requires you to follow Snowden's example. Tahoe-LAFS is licensed to the public under the Transitive Grace Period Public

Re: [License-discuss] Open Source Eventually License Development

2013-08-17 Thread Eben Moglen
On Thursday, 15 August 2013, Richard Stallman wrote: Tahoe-LAFS is licensed to the public under the Transitive Grace Period Public Licence 1.0 [*]. Tahoe-LAFS is Free and Open software. The Transitive Grace Period Public Licence is an Open Source licence. Is that

Re: [License-discuss] Open Source Eventually License Development

2013-08-17 Thread zooko
On Thu, Aug 15, 2013 at 09:23:23PM -0400, Richard Stallman wrote: Tahoe-LAFS is licensed to the public under the Transitive Grace Period Public Licence 1.0 [*]. Tahoe-LAFS is Free and Open software. The Transitive Grace Period Public Licence is an Open Source licence. Is

Re: [License-discuss] Open Source Eventually License Development

2013-08-17 Thread Lawrence Rosen
Eben Moglen wrote: This isn't a matter for copyright licensing, because licenses are, in J.L. Austin's term, performative utterances. They are present acts of permission, not declarations of future intention, like testaments. There's no point in a copyright holder writing a license that says

Re: [License-discuss] Open Source Eventually License Development

2013-08-17 Thread Eben Moglen
On Friday, 16 August 2013, Lawrence Rosen wrote: In the more traditional legal analysis, regardless of the wisdom of such a license, we prefer to treat written promises relating to future actions as binding upon the person making the offer -- at least where there is some form of

Re: [License-discuss] Minor change to website

2013-08-17 Thread Luis Villa
Hi, Pam- Right place; right comment. I'm a bit out of pocket right now with regards to passwords for the site (a long, sad story involving multiple computers and a lot of travel ;) but will fix it at some point. [Anyone else with access to the CMS on the list should feel free to fix as well :)

[License-discuss] Note on moderation

2013-08-17 Thread Luis Villa
Hi, all- Sorry for the lag in moderation during the recent large discussion. I've been traveling and attending to a family member, and our other regular moderator is having a bit of an internet sabbatical. Most of the list discussants should now be approved as regular posters (even if not members)

Re: [License-discuss] Open Source Eventually License Development

2013-08-17 Thread zooko
Hi there, Fred Trotter: Thanks for working on this topic and for citing my Transitive Grace Period Public Licence [1, 2]. 1. https://tahoe-lafs.org/trac/tahoe-lafs/browser/trunk/COPYING.TGPPL.rst 2. https://tahoe-lafs.org/~zooko/tgppl.pdf I have one objection to raise right at the beginning:

Re: [License-discuss] Open source license chooser choosealicense.com launched.

2013-08-17 Thread John Cowan
Bradley M. Kuhn scripsit: Richard Fontana pointed out in his OSCON talk that license choosers generally make political statements about views of licenses. He used the GitHub chooser as an example, which subtly pushes people toward permissive licenses. Surely he jests. Choosealicense.com

Re: [License-discuss] Open Source Eventually License Development

2013-08-17 Thread Lawrence Rosen
Larry, my dear man, how do you arrange to get specific performance of this promise to license in future once the underlying original license is revoked? How did it get revoked? This is quite simple, Eben: By dealing with this as a standard two-party contractual arrangement, the person who

Re: [License-discuss] Open Source Eventually License Development

2013-08-17 Thread Eben Moglen
Yes, it is simple. I am asserting that in no meaningful sense is your agreement enforceable, if during the period of the proprietary agreement your promisor revokes and refuses to issue the program under free license. You are implying that the remedy for breach of the contract in that situation

Re: [License-discuss] Open Source Eventually License Development

2013-08-17 Thread Lawrence Rosen
In a strange way, Eben, I relish our occasional online discussions, if only to see how long it will take you to compare me with a first-year law student. :-) VoilĂ ! Less than a day! /Larry Lawrence Rosen Rosenlaw Einschlag, a technology law firm (www.rosenlaw.com) 3001 King Ranch Rd.,

Re: [License-discuss] Open Source Eventually License Development

2013-08-17 Thread Eben Moglen
No doubt my nature is subdued to what it works in, like the dyer's hand. But the resemblance is hardly accidental. Eben ___ License-discuss mailing list License-discuss@opensource.org

Re: [License-discuss] Open Source Eventually License Development

2013-08-17 Thread Richard Stallman
[ To any NSA and FBI agents reading my email: please consider [ whether defending the US Constitution against all enemies, [ foreign or domestic, requires you to follow Snowden's example. Tahoe-LAFS is also available under the GPL, at your option. That makes

Re: [License-discuss] Open Source Eventually License Development

2013-08-17 Thread Richard Stallman
[ To any NSA and FBI agents reading my email: please consider [ whether defending the US Constitution against all enemies, [ foreign or domestic, requires you to follow Snowden's example. Suppose developer Ds give the code to organization O, and signs a contract with O

Re: [License-discuss] Open Source Eventually License Development

2013-08-17 Thread Lawrence Rosen
Dear Eben, You wanted to cut short our conversation, but I believe it is important to clarify the arguments you made about the enforceability, through specific performance, of a software license. It is ironic that you wrote: Specific performance, a mandatory remedial order to perform a promise,

Re: [License-discuss] Open Source Eventually License Development

2013-08-17 Thread Eben Moglen
On Saturday, 17 August 2013, Richard Stallman wrote: Suppose developer Ds give the code to organization O, and signs a contract with O giving O the right to distribute that code under the GNU GPL starting at a future date F. Is that something O can rely on? Is there any way for D to

Re: [License-discuss] Open Source Eventually License Development

2013-08-17 Thread Lawrence Rosen
Eben Moglen explained: Yes, that's the alternative I originally recommended and that we have been discussing Larry Rosen's objection to. The agreement between D and O might be one designed to create a fiduciary relationship, of special trust and accountability, to which the legal system

[License-discuss] Moderator note

2013-08-17 Thread Simon Phipps
I've just cleared the moderation backlog again. List members should note that e-mail with multiple recipients on cc may trigger moderation even if you are a list member, and you may wish to trim the list of addressees if you are responding to a long thread. S.