Re: [License-discuss] Looking for a license agreement.

2011-10-06 Thread Tom Callaway
On 10/06/2011 12:50 PM, Rudy Lippan wrote:
 There will also  be a community aspect where individuals will
 develop and contribute components, just like every other open source
 project  However, some of the contributed components may not be
 eligible for copyright protections.  A component might be a simple
 configuration file, a pure data set, or even a full description of a
 server farm with data processing and management software.
 
 So what I would like to do is tie the license of the software to the user
 of the software respecting the licenses of the community-distributed 
 components
 they use, whether or not the individual component is eligible for copyright
 protection.

Just my two cents here, but I believe that it will be simpler (and
safer) if you assume that all contributions to your project are
copyrightable, and thus, needing to be under a compatible license.

(Yes, I'm sure someone will feel the urge to be pedantic and point out
that there are multiple assumptions in the above sentence, but please do
not.)

If the contributions are not copyrightable, then the license applied to
those contributions is possibly irrelevant, and the widest possible
range of rights for it apply. However, if a contribution is assumed to
be non-copyrightable and no license is applied, and that turns out to be
false (or false for some jurisdictions), not having the license will be
extremely problematic.

I also think that you should handle contribution licensing requirements
separately from the copyright license of your work. I have seen too many
poorly worded software copyright licenses where the intent was noble,
but the implementation ended up in something that was non-Free or
non-Open Source.

In Fedora, we require contributors to agree to the Fedora Project
Contributor Agreement (https://fedoraproject.org/wiki/Legal:FPCA), to
ensure that contributions (of both code and content) accepted to Fedora
are guaranteed to come with acceptable licensing terms, either via
explicit licensing statement from the copyright holder or explicit
agreement to the default license terms as stated in the FPCA. A similar
model may work for your project, and the FPCA is available under
CC-BY-SA 3.0 Unported (with section 4d waived), although if you do
decide to generate a derived work, I strongly encourage you to have a
lawyer sign off on it first, because Legalese != English.

Hope that helps,

~tom

P.S. I Am Not A Lawyer, this is not to be considered legal advice.

==
Fedora Project
___
License-discuss mailing list
License-discuss@opensource.org
http://projects.opensource.org/cgi-bin/mailman/listinfo/license-discuss


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

2011-12-19 Thread Tom Callaway
On 12/19/2011 10:42 AM, Jeremy C. Reed wrote:
 69 is way too few. In my little research of just around 600 man pages I 
 found over 100 different licenses -- mostly due to slight wording 
 changes.

Fedora is tracking 300+ different FOSS licenses.

~tom

==
Fedora Project
___
License-discuss mailing list
License-discuss@opensource.org
http://projects.opensource.org/cgi-bin/mailman/listinfo/license-discuss


Re: [License-discuss] BSD, MIT [was Re: Draft of new OSI licenses landing page; please review.]

2012-04-05 Thread Tom Callaway
On 04/05/2012 11:35 AM, John Cowan wrote:
 So put Apache before MIT/BSD, but don't drop them altogether.

Perhaps we should simply alphabetize these licenses? I'm not sure we'll
ever reach consensus on ordering by importance or value or usefulness.

~tom

==
Fedora Project
___
License-discuss mailing list
License-discuss@opensource.org
http://projects.opensource.org/cgi-bin/mailman/listinfo/license-discuss


Re: [License-discuss] Does this look like an open source license?

2015-01-26 Thread Tom Callaway
On 01/26/2015 08:42 AM, Maxthon Chan wrote:
 The incident is that one project owner found his code used in an commercial 
 product without attribution but the Chinese-speaking court says that the 
 license is not enforceable if it is written in a language that the judge 
 cannot understand, and that particular judge have only beginner level English.
 
 This lead me to create two thing: a 3c-BSD equivalent in simple English, 
 and a 3c-BSD equivalent in Chinese (under law of Mainland China).

While I completely understand your motivation here, the key point is
that licenses are not written in English (much less simple English), but
rather, in Legalese, which uses a Law Dictionary instead of a standard
English dictionary. It is tricky (though, not impossible) to write a
simple license that parses reasonably the same in English and Legalese,
though, I'm not at all convinced that it is possible to do so with the
limited simple English subset. Rather than even trying that, I would
suggest that it would be better to have a proper legal translation done
of the 3c-BSD into Chinese, than to have a weak simple English version
for the rest of the world to struggle with.

~tom

==
Red Hat
attachment: tcallawa.vcf___
License-discuss mailing list
License-discuss@opensource.org
http://projects.opensource.org/cgi-bin/mailman/listinfo/license-discuss


Re: [License-discuss] [Non-DoD Source] Re: Possible alternative was: Re: U.S. Army Research Laboratory Open Source License (ARL OSL) Version 0.4.1

2017-03-16 Thread Tom Callaway
Can't speak for Debian, but Fedora will happily take software licensed as
you describe.

On Mar 16, 2017 3:09 PM, "Karan, Cem F CIV USARMY RDECOM ARL (US)" <
cem.f.karan@mail.mil> wrote:

> I agree that the Government can release it as open source, but as I
> understand it, not as Open Source.  The difference is whether or not the
> code will be accepted into various journals (Journal of Open Source
> Software is one).  It also affects whether or not various distributions
> will accept the work (would Debian?  I honestly don't know).
>
> And I'm not after plain vanilla CC0 code to be called Open Source, I'm
> after the method I outlined earlier.  This side-steps the need to have CC0
> put forth by the license steward (I hope!).  I know that is splitting
> hairs, but at this point I'm tearing my hair out over this, and would like
> to put it to rest before I have to buy a wig.
>
> Thanks,
> Cem Karan
>
> > -Original Message-
> > From: License-discuss [mailto:license-discuss-boun...@opensource.org]
> On Behalf Of Tzeng, Nigel H.
> > Sent: Thursday, March 16, 2017 2:48 PM
> > To: license-discuss@opensource.org
> > Subject: Re: [License-discuss] [Non-DoD Source] Re: Possible alternative
> was: Re: U.S. Army Research Laboratory Open Source License (ARL
> > OSL) Version 0.4.1
> >
> > All active links contained in this email were disabled.  Please verify
> the identity of the sender, and confirm the authenticity of all links
> > contained within the message prior to copying and pasting the address to
> a Web browser.
> >
> >
> >
> >
> > 
> >
> > Cem,
> >
> > The USG does not need OSI’s approval to release code as open source
> under CC0.  It has done so already on code.gov.  This includes the
> > OPM, NASA, GSA, DOT, DOL, DOC and others. CC0 is compliant with the
> Federal Source Code Policy for open source release.
> >
> > It is unlikely that you can push CC0 through license review as you
> aren’t the license steward.  It is up to CC to resubmit CC0 for approval.
> >
> > Regards,
> >
> > Nigel
> >
> > On 3/16/17, 8:56 AM, "License-discuss on behalf of Karan, Cem F CIV
> USARMY RDECOM ARL (US)"  > boun...@opensource.org on behalf of cem.f.karan@mail.mil> wrote:
> >
> > All, I want to keep this alive as I haven't seen a conclusion yet.
> Earlier I
> > asked if OSI would accept the US Government (USG) putting its
> non-copyrighted
> > works out under CC0 as Open Source **provided** that the USG accepts
> and
> > redistributes copyrighted contributions under an OSI-approved
> license.  Is
> > this acceptable to OSI?  Should I move this discussion to the
> license-review
> > list?
> >
> > To recap:
> >
> > 1) This would only cover USG works that do not have copyright.
> Works that
> > have copyright would be eligible to use copyright-based licenses,
> and to be
> > OSI-approved as Open Source would need to use an OSI-approved
> license.
> >
> > 2) The USG work/project would select an OSI-approved license that it
> accepted
> > contributions under.  The USG would redistribute the contributions
> under that
> > license, but the portions of the work that are not under copyright
> would be
> > redistributed under CC0.  That means that for some projects (ones
> that have no
> > copyrighted material at all initially), the only license that the
> works would
> > have would be CC0.
> >
> > I can't speak to patents or other IP rights that the USG has, I can
> only
> > comment on what the Army Research Laboratory (ARL) has done
> > (Caution-https://github.com/USArmyResearchLab/ARL-Open-
> Source-Guidance-and-Instructions),
> > which includes a step to affirmatively waive any patent rights that
> ARL might
> > have in the project before distributing it.  I am hoping that other
> agencies
> > will do something similar, but have no power or authority to say
> that they
> > will.
> >
> > Given all this, is it time to move this to license-review, or
> otherwise get a
> > vote?  I'd like this solved ASAP.
> >
> > Thanks,
> > Cem Karan
> >
> >
> > ___
> > License-discuss mailing list
> > License-discuss@opensource.org
> > Caution-https://lists.opensource.org/cgi-bin/mailman/listinfo/license-
> discuss
>
> ___
> License-discuss mailing list
> License-discuss@opensource.org
> https://lists.opensource.org/cgi-bin/mailman/listinfo/license-discuss
>
>
___
License-discuss mailing list
License-discuss@opensource.org
https://lists.opensource.org/cgi-bin/mailman/listinfo/license-discuss


Re: [License-discuss] [Non-DoD Source] Re: Possible alternative was: Re: U.S. Army Research Laboratory Open Source License (ARL OSL) Version 0.4.1

2017-03-16 Thread Tom Callaway
I'd think the only ones who get to apply the "Open Source" label to
licenses would be the OSI. Fedora's opinion is that CC-0 meets the OSD.

On Mar 16, 2017 4:31 PM, "Karan, Cem F CIV USARMY RDECOM ARL (US)" <
cem.f.karan@mail.mil> wrote:

> Cool!  Would Fedora/Red Hat consider it to be Open Source?
>
> Thanks,
> Cem Karan
>
> > -Original Message-
> > From: License-discuss [mailto:license-discuss-boun...@opensource.org]
> On Behalf Of Tom Callaway
> > Sent: Thursday, March 16, 2017 3:31 PM
> > To: license-discuss@opensource.org
> > Subject: Re: [License-discuss] [Non-DoD Source] Re: Possible alternative
> was: Re: U.S. Army Research Laboratory Open Source License (ARL
> > OSL) Version 0.4.1
> >
> > All active links contained in this email were disabled. Please verify
> the identity of the sender, and confirm the authenticity of all links
> > contained within the message prior to copying and pasting the address to
> a Web browser.
> >
> >
> > 
> >
> >
> >
> > Can't speak for Debian, but Fedora will happily take software licensed
> as you describe.
> >
> > On Mar 16, 2017 3:09 PM, "Karan, Cem F CIV USARMY RDECOM ARL (US)" <
> cem.f.karan@mail.mil < Caution-
> > mailto:cem.f.karan@mail.mil > > wrote:
> >
> >
> >   I agree that the Government can release it as open source, but as
> I understand it, not as Open Source.  The difference is whether
> > or not the code will be accepted into various journals (Journal of Open
> Source Software is one).  It also affects whether or not various
> > distributions will accept the work (would Debian?  I honestly don't
> know).
> >
> >   And I'm not after plain vanilla CC0 code to be called Open Source,
> I'm after the method I outlined earlier.  This side-steps the need
> > to have CC0 put forth by the license steward (I hope!).  I know that is
> splitting hairs, but at this point I'm tearing my hair out over this, and
> > would like to put it to rest before I have to buy a wig.
> >
> >   Thanks,
> >   Cem Karan
> >
> >   > -Original Message-
> >   > From: License-discuss [Caution-mailto:license-
> discuss-boun...@opensource.org < Caution-mailto:license-discuss-
> > boun...@opensource.org > ] On Behalf Of Tzeng, Nigel H.
> >   > Sent: Thursday, March 16, 2017 2:48 PM
> >   > To: license-discuss@opensource.org < Caution-mailto:license-
> disc...@opensource.org >
> >   > Subject: Re: [License-discuss] [Non-DoD Source] Re: Possible
> alternative was: Re: U.S. Army Research Laboratory Open Source
> > License (ARL
> >   > OSL) Version 0.4.1
> >   >
> >   > All active links contained in this email were disabled.  Please
> verify the identity of the sender, and confirm the authenticity of all
> > links
> >   > contained within the message prior to copying and pasting the
> address to a Web browser.
> >   >
> >   >
> >   >
> >   >
> >   > 
> >   >
> >   > Cem,
> >   >
> >   > The USG does not need OSI’s approval to release code as open
> source under CC0.  It has done so already on code.gov < Caution-
> > http://code.gov > .  This includes the
> >   > OPM, NASA, GSA, DOT, DOL, DOC and others. CC0 is compliant with
> the Federal Source Code Policy for open source release.
> >   >
> >   > It is unlikely that you can push CC0 through license review as
> you aren’t the license steward.  It is up to CC to resubmit CC0 for
> > approval.
> >   >
> >   > Regards,
> >   >
> >   > Nigel
> >   >
> >   > On 3/16/17, 8:56 AM, "License-discuss on behalf of Karan, Cem F
> CIV USARMY RDECOM ARL (US)"  >   > boun...@opensource.org < Caution-mailto:boun...@opensource.org
> >  on behalf of cem.f.karan@mail.mil < Caution-
> > mailto:cem.f.karan@mail.mil > > wrote:
> >   >
> >   > All, I want to keep this alive as I haven't seen a
> conclusion yet.  Earlier I
> >   > asked if OSI would accept the US Government (USG) putting
> its non-copyrighted
> >   > works out under CC0 as Open Source **provided** that the USG
> accepts and
> >   > redistributes copyrighted contributions under an
> OSI-approved license.  Is
> >   > this acceptable to OSI?  Should I move thi