Re: OSD#5 needs a patch?

2003-10-08 Thread Bruce Dodson
Okay, I guess I see that. I didn't see it as entirely a case of moral positioning. In the example that I created, if I were a member of ethnic group, I would feel like I were not as welcome to use the software as others are. Moreover, depending on what exactly was said, I might also find it

Re: OSD#5 needs a patch?

2003-10-08 Thread Bruce Dodson
Well, the copy attached to Sean's introductory email (also on his web site) states among other things: ..the most expendable, unimportant engineers work on GPL software and the better software engineers work on BSDL-licensed software. In a gift economy / meritocracy like ours, that's just about

Re: Academic Free License version 2.0

2003-07-21 Thread Bruce Dodson
I think this change is mostly-positive. The only negative aspect that I see is that it's twice as long as the previous revision. AFL 1.2 had stricken a nice balance between brevity and precision. May I suggest that, alongside AFL 2.0, you publish one last license in the AFL 1.x series, based on

Re: Problems in Open Source Licensing

2003-02-17 Thread Bruce Dodson
For cases 2 and 3: who is to say that I haven't, in the past, distributed the code to someone else and they happened to distribute a copy back to me? For that matter, did I really get it directly from you, or did I get it from someone else, who was redistributing it under the GPL? If you're

historical permission notice and disclaimer - ready to go?

2002-12-20 Thread Bruce Dodson
So, is this template ready to be put before the board and considered for approval? Is there anything that should change before this happens? Can I assume that, if someone was strongly against this template, I would have heard about it by now? One final question: should this be published with

Re: discuss: approval request: Historical Permission Notice and Disclaimer

2002-12-09 Thread Bruce Dodson
So far, no discussion. Is that a good thing or a bad thing? http://www.geocities.com/brucedodson.rm/hist_pnd.htm Regards, Bruce - Original Message - From: Bruce Dodson [EMAIL PROTECTED] To: [EMAIL PROTECTED] Sent: Saturday, November 09, 2002 12:11 AM Subject: discuss: approval request

discuss: approval request: Historical Permission Notice and Disclaimer

2002-11-29 Thread Bruce Dodson
[ Please discuss this template. It's a clever idea. You'd have thought that someone would have thought of it before. Bruce has sent a few changes since his submission. Please consult his web page (URL at bottom) for the exact current submission. -russ ] I would like to ask that the following

Re: discuss: Duemetri Public License (DPL) Version 1.0

2002-11-21 Thread Bruce Dodson
The pain you speak of, is this from a purely legal stand point? If so, in what manner does it hinder or cause pain to an end user? I'm not a lawyer so I never speak from a legal standpoint, even when I'm talking about licenses. The pain is from a technical standpoint. If I make a modification

Re: discuss: Request for license approval...

2002-11-20 Thread Bruce Dodson
Is it true that changing proper names is not a problem? I had always been of the impression that, e.g. I couldn't just use the Apache License, change the proper names, and call my software OSI Certified. - Original Message - From: John Cowan [EMAIL PROTECTED] I urge you instead to see

time frame between request for approval and acknowledgement of request?

2002-11-20 Thread Bruce Dodson
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? -- Background: On November 6, I wrote to license-discuss suggesting that the style of permission notice used in Python 1.5, OGDI,

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

2002-11-20 Thread Bruce Dodson
I understand that, Russ, and I have a great respect for the work that you do. The role of filter is not a glamorous one. It certainly isn't a job that I would want, and yet there you are, doing it. I was just looking for an ACK that my email hadn't been eaten by your junk mail filter or

Re: discuss: Duemetri Public License (DPL) Version 1.0

2002-11-20 Thread Bruce Dodson
The QPL uses the same tactic to control distribution of customized versions of Qt. But this creates is a pain for developers and end-users alike. At least your term #8 provides an alternative, changing this requirement to distribute patches into something that's optional. But it's confusing the

Re: [kmself@ix.netcom.com: Re: We are looking for an open source licensethat...]

2002-11-11 Thread Bruce Dodson
Just remember, if I can't sell your stuff, it ain't open source. extrapolate some of the benefits of the GPL. I have worked for companies that will not use free software for fear of tainting their development efforts and having their propietary code made free. [CFC] Yes, there are companies

Re: [kmself@ix.netcom.com: Re: We are looking for an open source licensethat...]

2002-11-10 Thread Bruce Dodson
From: Chris F Clark [EMAIL PROTECTED] It is more to discourage commercial users from using the open source version. [CFC] I don't know if you're going to see much support here for a license that discourages use of the open source version, by any particular group. We want to encourage the use

Re: Approval Requested for AFL 1.2 and OSL 1.1

2002-11-07 Thread Bruce Dodson
The amount of damages that courts would award might vary considerably from one jurisdiction to the next, even if the license is interpreted exactly the same way. Without naming any names wink, some countries are just more litigious than others; some courts, more punitive. - Original Message

Re: Express and implied warranties in software licenses

2002-11-07 Thread Bruce Dodson
with the warranty. I would no longer let it stop me from using AFL in situations where I might currently use MIT or Apache-style licenses. bruce - Original Message - From: Lawrence E. Rosen [EMAIL PROTECTED] To: 'Bruce Dodson' [EMAIL PROTECTED] Cc: [EMAIL PROTECTED] Sent: Thursday, November

Re: Approval Requested for AFL 1.2 and OSL 1.1

2002-11-06 Thread Bruce Dodson
From: Mike Nordell [EMAIL PROTECTED] Bruce Dodson top-posted: Derivative Works means derivative works based upon the Original Work, as upposed to derivative works based upon Marvel Comics characters, or derivative works based upon previously-unreleased Elvis tracks. Since the definition

Re: Plan 9 license

2002-11-06 Thread Bruce Dodson
I disagree. (I know, I do that a lot, but I mean well.) It's best if licenses are simply either approved or not approved. There is no list of licenses that have been rejected or withdrawn; that would be punitive. By the same token, there should be no special status given to licenses in limbo.

a template for the CWI permission notice (Python 1.5.x) and similar licenses

2002-11-05 Thread Bruce Dodson
I would like to suggest that a license template like the one below be put forward for approval by the OSI board. This is not really intended for new software. Nevertheless it's pragmatic to approve it since many OSD-compliant licenses follow this template. Examples include Scintilla/SciTE,

Re: Approval Requested for AFL 1.2 and OSL 1.1

2002-11-05 Thread Bruce Dodson
It seems clear to me, yet another non-lawyer: Derivative Works means derivative works based upon the Original Work, as upposed to derivative works based upon Marvel Comics characters, or derivative works based upon previously-unreleased Elvis tracks. Prepare - it doesn't say to prepare yourself

Re: a proposed change to the OSD

2002-11-02 Thread Bruce Dodson
I can offer something without entering a relationship with each recipient. I have software published on SourceForge; I entered into an agreement with SourceForge but I have no relationship with the people who downloaded my stuff from there. The people who downloaded might or might not have a

Re: a proposed change to the OSD

2002-11-02 Thread Bruce Dodson
disagree? Also, does it give a different answer for software than for cats? - Original Message - From: Lawrence E. Rosen [EMAIL PROTECTED] To: 'John Cowan' [EMAIL PROTECTED]; 'Bruce Dodson' [EMAIL PROTECTED] Cc: [EMAIL PROTECTED]; 'David Johnson' [EMAIL PROTECTED]; [EMAIL PROTECTED] Sent

Re: OSL 1.1 treatment of documentation

2002-10-30 Thread Bruce Dodson
I took it to mean any technical documentation which is provided by a licensor, which may make the source code more accessible to a licensee. Then you would be compelled to provide such documentation as was provided to you when you received your copy of the source code. So, access in the sense of

Re: OSL 1.1 treatment of documentation

2002-10-30 Thread Bruce Dodson
(Larry said...) Not if it ain't a Derivative Work, I'd say. ... What do you think? I think the same. Common sense tells me that a book that isn't a derivative work should be outside the scope of the contract. This concept is probably non-technical enough that even a judge would be able to

Re: Revised versions of the OSL and AFL

2002-10-23 Thread Bruce Dodson
I like the revised AFL. It's getting to the point where I may even use it. I have just one concern, and that is with the warranty of copyright which appears in both of these licenses. I think there must be a better way to achieve that - it smells like a cludge to me - but since I'm not a lawyer

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

2002-10-06 Thread Bruce Dodson
I don't know if this is quite what Larry was saying, but I for one consider it an unfair tactic to try to discourage RSW from seeking approval. Russ and other board members may think he is misguided in believing that others will want to use his license, and might even be right, but that does not

Re: Procedure for using an approved license

2002-10-06 Thread Bruce Dodson
For what it's worth, so far Netscape has been very responsible and careful about not making ad-hoc changes to their license. Look at the trouble they've been going to recently, to try and get all of their code MPL/GPL/LGPL tri-licensed. It would have been easy to take advantage of their right

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

2002-10-06 Thread Bruce Dodson
they said. Too much was said in private email for me to form an opinion. I can only look to the result, which was an RSW discouraged to the point where he was ready to say have a nice life and walk away. Bruce - Original Message - From: Lawrence E. Rosen [EMAIL PROTECTED] To: 'Bruce Dodson

Re: discuss: Modified Artistic License (eNetwizard Content Application Server)

2002-09-04 Thread Bruce Dodson
In one of my licenses, I use the phrase the copyright holders and contributing authors instead of my own name, in the disclaimers. The BSD license says copyright holders and contributors, and the AFL goes one step further, saying licensor, contributors, and copyright owners. (I think licensor

how NOT to form a contract? (second try)

2002-09-04 Thread Bruce Dodson
I have published software under an MIT-style License, and I don't know if that makes a good contract or not, but I get the feeling that it's pretty vague, and that I might be better off to treat it as a permission notice and not enter into contracts with all my users. This ties back to recent

Re: Legal soundness comes to open source distribution

2002-08-13 Thread Bruce Dodson
I kept my own email short because I knew there were other people, better qualified to speak on this. Rod, thanks for stepping forward. You presented the facts more thoroughly than I could. By the way, although you say you disagree with me, I don't think I disagree with you. I'm not sure

Re: Legal soundness comes to open source distribution

2002-08-12 Thread Bruce Dodson
I thought that section 117 was about the right to crack a program's copy protection (if necessary) in order to make a legitimate backup copy. Well, that's an oversimplification, but I think it's closer to the truth than Mr. Bernstein's argument. It goes to show that you shouldn't believe every

RE: Open Source Click-Wrap Notice

2002-08-11 Thread Bruce Dodson
Er, I agree. :-). But, as an open source author, does the limitation of liability protect me? The contract that the end user clicked is between the distributor and the end user; does it protect the original developer, who is a third-party? (Or is the distributor is seen as an agent,

Re: Open Source Click-Wrap Notice

2002-08-11 Thread Bruce Dodson
Here, here. I agree completely that this would be absurd. Yet I still worry. Hopefully the law will eventually agree with us on this point. In Canada we have a good samaritan law; I don't know whether something like that exists in the USA. The good samaritan law says that, in an

Re: Open Source Click-Wrap Notice

2002-08-11 Thread Bruce Dodson
Let me try to make it clear that I know the good samaritan laws don't apply to software or any other non-emergency situation - only for emergencies, where the time it takes to get a waiver signed could otherwise cost a life (or a house). I am also quite aware that liability has nothing to do

Re: discuss: SHPTRANS License Template

2002-08-02 Thread Bruce Dodson
[Whew!] I'm glad I checked this again before going to bed. From now on until this approval process is done, I will talk about my WILLINGNESS to make changes here on the list first, but I will not actually MAKE the changes until someone from OSI tells me whether that will help or harm my bid for

Re: discuss: SHPTRANS License Template

2002-08-01 Thread Bruce Dodson
I made a revision to the SHPTRANS License Template. http://gisdeveloper.tripod.com/shptrans_license_template.html The changes are highlighted in the HTML. For those looking at the text version which Russ posted: I reversed the order of the first two conditions, got rid of the required brief

Re: discuss: SHPTRANS License Template

2002-08-01 Thread Bruce Dodson
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. From your web page describing the approval process: 6. At the same time, we will monitor the license-discuss list and work with

Re: ESST license

2002-07-30 Thread Bruce Dodson
If copyright statute says that all rights not explicitly granted are reserved to the copyright holder, doesn't that mean the user ought to have gone looking for a license to make sure they had the right to use it? If the premise is that you are not aware, then the assumption should be that you

Re: discuss: SHPTRANS License Template

2002-07-30 Thread Bruce Dodson
So far there have been no comments on the list since I submitted this template for approval. I have tried to address the concerns raised in the previous discussions (copyleft lite? and simple copyleft...) Perhaps those who had suggestions for the previous versions could tell me whether I

Re: discuss: WGPL (WebGPL)

2002-07-28 Thread Bruce Dodson
I think the GPL itself would be fine for web pages, as long as you make it clear that your page content is source code as far as you're concerned. You can do that by putting the GPL's license notice in a comment block. But the trouble there, I guess, is that GPL's idea of linkage doesn't mesh

thanks for helpful suggestions - (simple copyleft license template)

2002-07-25 Thread Bruce Dodson
Thanks for your help with the license template, folks. Although my last few revisions have not generated any discussion on the list itself, helpful comments have continued to trickle in through private email. I have now submitted my license template to the OSI for approval. In case you want

Re: open source applications with closed source components

2002-07-16 Thread Bruce Dodson
Zacharias [EMAIL PROTECTED] To: Bruce Dodson [EMAIL PROTECTED] CC: [EMAIL PROTECTED] Subject: Re: open source applications with closed source components Date: Mon, 15 Jul 2002 16:59:28 -0400 MIME-Version: 1.0 (Apple Message framework v482) Received: from ns.crynwr.com ([192.203.178.14]) by mc1-f39.law16

Re: open source applications with closed source components

2002-07-15 Thread Bruce Dodson
Do your recipients have permission to distribute the two closed-source frameworks freely with their apps? -- license-discuss archive is at http://crynwr.com/cgi-bin/ezmlm-cgi?3

copyleft lite? - rev 3

2002-07-15 Thread Bruce Dodson
Thanks for the feedback so far! By without fee I meant that copyright holder(s) were not imposing a fee; this was confusing and unnecessary so I removed it. I see what you meant meant about the rights not specifically granted are reserved being superfluous. I've removed it for now, but might

Re: copyleft lite?

2002-07-13 Thread Bruce Dodson
) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. The recipient must assume the entire risk of using this software. - Original Message - From: Andy Tai [EMAIL PROTECTED] To: Bruce Dodson [EMAIL PROTECTED]; [EMAIL PROTECTED] Sent

copyleft lite?

2002-07-12 Thread Bruce Dodson
I'm trying for a simple, easy-to-read license with some degree of copyleft. I hope it will be compatible with the GPL also. Please take a look at the following, and help me find any flaws. Thanks, Bruce __ software program name. Copyright (c) year(s) copyright holder(s). All