Re: [License-discuss] FAQ entry (and potential website page?) on why standard licenses?

2014-04-30 Thread Nuno Brito

Note that the GPL is one of the least-understood licenses around,
even by some of its supporters who make the most outrageous claims
about linking. :-)


From professional experience I see some non-GPL supporters top the 
charts in outrageous claims about GPL and linking. A particularly 
interesting case started with it's just a little bit on a dialog and 
then accounted a third of the external resources adopted by a 
proprietary product as GPL. So I guess we can find examples in both 
sides.


If we are looking for a replacement to standard (which in my opinion 
seemed reasonable when explained and used within a specific context), 
then I'd guess even notorious could become a candidate on a voting 
poll if the intention is to find an accurate term that encompasses these 
licenses.



With kind regards,
Nuno Brito
---
spdx: http://triplecheck.de/download
phone:  +49 615 146 03187

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Re: [License-discuss] FAQ entry (and potential website page?) on why standard licenses?

2014-04-29 Thread Philip Odence
Thanks, Larry. The list is not designed exactly for the purpose of this 
discussion, but I thought it might provide some useful, objective data. 
Certainly not taking anything personally.

All of your questions are good questions; most really important if one is 
recommending licenses which Black Duck generally, and the list absolutely, does 
not. The list is simply a ranking by “number of unique programs (in the Black 
Duck KnowledgeBase) under the license.” We call them as we see them, i.e. 
identifying the license declared for each project. So, while you might make a 
great point about the 2- and 3-clause BSD, we make the distinction and let 
lawyers decide whether they “give a damn about” it. We endeavor to capture any 
software freely available on the Internet and thus end up a long tail of 
associated licenses which are not strictly open source licenses. And, yes, we 
keep old projects and deprecated licenses. Understand that one of the key use 
cases the data are meant to support is scanning code to discover its 
composition, and often old components (with old licenses) turn up in new code.

For lawyers who review code, the message of the top 20 list is that there’s a 
clear Paredo distribution; if you understand the top 10 or 20, you are in 
reasonable shape. This is back to Luis’ original point of which we should not 
lose sight; there are a bunch of good reasons to steer developers towards a 
well-understood licenses. Hey maybe “well-understood” is a good alternative to 
“standard.



From: Lawrence Rosen lro...@rosenlaw.commailto:lro...@rosenlaw.com
Reply-To: lro...@rosenlaw.commailto:lro...@rosenlaw.com, 
license-discuss@opensource.orgmailto:license-discuss@opensource.org
Date: Mon, 28 Apr 2014 16:06:41 -0700
To: license-discuss@opensource.orgmailto:license-discuss@opensource.org
Subject: Re: [License-discuss] FAQ entry (and potential website page?) on why 
standard licenses?


Hi Philip,



Thanks for the Black Duck Top 20 list of open source licenses. Your list is 
the best around, so please don't take the following criticism too personally. 
But this list demonstrates that even the ways that we calculate popularity are 
flawed. For example:



· Are GPLv2 and GPLv3 really one license nowadays with total 38% 
popularity, or still two licenses? [Ben Tilly already made that suggestion on 
this list.] And the classpath exception version of the GPL (at  1%) qualifies 
that license for yet a third spot on your Top 20 list?



· Same with the LGPL; is that one license at (5% and 2%, respectively) 
or one license at 7%?



· Are these numbers based on lines of code created, numbers of unique 
programs under the license, or number of copies of the software actually 
distributed? For example, under what criteria does the zlib/libpng license 
count? Wikipedia describes that license as intended for two specific software 
libraries but also used by many other free software packages. That comment in 
Wikipedia is as vague and uninformative as the  1% that you cite in your 
table. I say this to point out that numbers on a list need to be *interpreted* 
and *scaled* to be useful.



· Is there any value to listing the 2-clause and the 3-clause BSD 
licenses separately, given that no company lawyer in the world gives a damn 
about the distinctions between them? Meanwhile, every conversation about the 
BSD licenses on these OSI email lists concludes with the following great 
suggestion: Why don't you use the Apache License 2.0 instead? If OSI is ever 
going to recommend answers to easy legal questions, surely this is among them. 
It serves absolutely no useful purpose at this stage of our maturity to list 
each version of the BSD license separately – not even the two you placed on 
your list.



· You list the CDDL, a license created by a company that no longer 
exists and whose successor company doesn't use it. Do we still count deprecated 
licenses for as long as a even single copy of that code resides in the wild? 
Not only that, but two versions of that single obsolete license are 
individually listed in the Top 20.



· Wikipedia refers to the CPOL license as mainly applied to content 
that is being published on a single community site for software developers 
known as The Code Project. Wikipedia further reports that the CPOL license is 
neither open as defined by OSI nor free as defined by FSF. Why is it on 
your list at all?



/Larry





-Original Message-
From: Philip Odence [mailto:pode...@blackducksoftware.com]
Sent: Monday, April 28, 2014 2:48 PM
To: license-discuss@opensource.orgmailto:license-discuss@opensource.org
Subject: Re: [License-discuss] FAQ entry (and potential website page?) on why 
standard licenses?



In case it helps, Black Duck publishes a top licenses list based on the number 
of projects in our KnowledgeBase (out of a current total of about a

million) that utilize each respective license.

http

Re: [License-discuss] FAQ entry (and potential website page?) on why standard licenses?

2014-04-29 Thread Lawrence Rosen
Philip Odence suggested:

 Hey maybe well-understood is a good alternative to standard.

 

Note that the GPL is one of the least-understood licenses around, even by
some of its supporters who make the most outrageous claims about linking.
:-)

 

/Larry

 

From: Philip Odence [mailto:pode...@blackducksoftware.com] 
Sent: Tuesday, April 29, 2014 4:52 AM
To: lro...@rosenlaw.com; license-discuss@opensource.org
Subject: Re: [License-discuss] FAQ entry (and potential website page?) on
why standard licenses?

snip 

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Re: [License-discuss] FAQ entry (and potential website page?) on why standard licenses?

2014-04-29 Thread Philip Odence
touché
Maybe than “licenses that people think they understand

From: Lawrence Rosen lro...@rosenlaw.commailto:lro...@rosenlaw.com
Reply-To: lro...@rosenlaw.commailto:lro...@rosenlaw.com, 
license-discuss@opensource.orgmailto:license-discuss@opensource.org
Date: Tue, 29 Apr 2014 08:33:10 -0700
To: license-discuss@opensource.orgmailto:license-discuss@opensource.org
Subject: Re: [License-discuss] FAQ entry (and potential website page?) on why 
standard licenses?

Philip Odence suggested:
 Hey maybe “well-understood” is a good alternative to “standard.

Note that the GPL is one of the least-understood licenses around, even by 
some of its supporters who make the most outrageous claims about linking. :-)

/Larry

From: Philip Odence [mailto:pode...@blackducksoftware.com]
Sent: Tuesday, April 29, 2014 4:52 AM
To: lro...@rosenlaw.commailto:lro...@rosenlaw.com; 
license-discuss@opensource.orgmailto:license-discuss@opensource.org
Subject: Re: [License-discuss] FAQ entry (and potential website page?) on why 
standard licenses?
snip
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[License-discuss] FAQ entry (and potential website page?) on why standard licenses?

2014-04-28 Thread Leon Rozenblit
ᐧ
 On Sun, Apr 27, 2014 at 7:37 PM, lro...@rosenlaw.com lro...@rosenlaw.com
wrote:

 Standard is a loaded term. Licenses are not standards and OSI is not a
 standards organization.  Larry

Louis:
Consider flipping the FAQ subject to say: Why shouldn't I cook-up your own
home-made license? I think it's easier to list the pitfalls of
home-cookery while steering clear of standard. I also find that approach
more compelling: you're telling people about risks that will trip them up,
not warm and fuzzy benefits. :)


-- 

Leon Rozenblit, JD, PhD
President/CEO, Prometheus Research, LLC

55 Church St., New Haven, CT 06510
www.prometheusresearch.com

email: l...@prometheusresearch.com
phone: (203) 672-5810
public calendar: https://bitly.com/leon_apts
responsiveness:  I check email once per-day. Please call if urgent.
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Re: [License-discuss] FAQ entry (and potential website page?) on why standard licenses?

2014-04-28 Thread Lawrence Rosen
Simon Phipps wrote:

 Mind you, OSI has described itself as a standards body for open source 
 licenses 

 for a long time, see http://opensource.org/about (I believe that text used to 
 be

 on the home page).

 

Perhaps, but that term has thus been misused. There is absolutely nothing about 
OSI – its governance policies, its procedures, its membership rules, its board 
selections, or its activities – that would in any sense qualify OSI as a 
standards organization.

 

I'm not quarreling with OSI's attempt to get everyone to use approved licenses, 
but I have long challenged your attempts to steer people toward some subset of 
those licenses. Especially if you hint that they are in any way, shape or form 
standard licenses.  That's overreach for which you are not legally qualified.

 

/Larry

 

Lawrence Rosen

Rosenlaw  Einschlag ( http://www.rosenlaw.com/ www.rosenlaw.com) 

3001 King Ranch Road, Ukiah, CA 95482

Cell: 707-478-8932   Fax: 707-485-1243

 

From: Simon Phipps [mailto:si...@webmink.com] 
Sent: Sunday, April 27, 2014 8:44 PM
To: license-discuss@opensource.org
Subject: Re: [License-discuss] FAQ entry (and potential website page?) on why 
standard licenses?

 

I don't think that's the point of the entry Luis is constructing. He's using 
the word standardized as a term of speech rather than as a technical term. 

 

Mind you, OSI has described itself as a standards body for open source licenses 
for a long time, see http://opensource.org/about (I believe that text used to 
be on the home page).

 

S.

 

On Sun, Apr 27, 2014 at 8:31 PM, Lawrence Rosen lro...@rosenlaw.com 
mailto:lro...@rosenlaw.com  wrote:

How about OSI Approved license? That's what you do. 



Simon Phipps webm...@opensource.org mailto:webm...@opensource.org  wrote:

Care to propose an improvement?

 

On Sun, Apr 27, 2014 at 7:37 PM, lro...@rosenlaw.com 
mailto:lro...@rosenlaw.com  lro...@rosenlaw.com mailto:lro...@rosenlaw.com 
 wrote:

Standard is a loaded term. Licenses are not standards and OSI is not a 
standards organization.  Larry

 


 Original message 
From: Luis Villa 
Date:04/27/2014 6:11 PM (GMT-08:00) 
To: License Discuss 
Subject: [License-discuss] FAQ entry (and potential website page?) on why 
standard licenses? 

Hi, all-

A few of us were talking and realized the FAQ/website have nothing to explain 
why *using standard licenses* is a good idea. This being a sort of basic point, 
I started remedying the problem :) 

Draft FAQ entry addressing the question is here: 
http://wiki.opensource.org/bin/Projects/Why+standardized+licensing%3F

There is also an incomplete potential more-than-FAQ answer that could be put 
somewhere on opensource.org http://opensource.org . The more I think about 
it, the more I think the FAQ may be sufficient, but I'd be curious what others 
here think and whether something longer is worthwhile.

Feedback is probably better on-wiki but the list is fine too. :)

Luis

 

 

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Re: [License-discuss] FAQ entry (and potential website page?) on why standard licenses?

2014-04-28 Thread Miles Fidelman

Lawrence Rosen wrote:


Simon Phipps wrote:

 Mind you, OSI has described itself as a standards body for open 
source licenses


 for a long time, see http://opensource.org/about (I believe that 
text used to be


 on the home page).

Perhaps, but that term has thus been misused. There is absolutely 
nothing about OSI – its governance policies, its procedures, its 
membership rules, its board selections, or its activities – that would 
in any sense qualify OSI as a standards organization.




Can you elaborate on that please?  OSI appears to be at least partially 
acting as a standard formation organization (particularly vis-a-vis the 
Open Source Definition).  In your opinion, what precludes it from 
acting as a voluntary standards organization in a manner similar to 
IEEE, ISOC (IETF), W3C, and so forth.  Arguably, its governance is a 
mess - for example bylaws that state it's not a membership organization, 
while at the same time soliciting members - but is that a show-stopper?


Miles Fidelman


--
In theory, there is no difference between theory and practice.
In practice, there is.    Yogi Berra

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Re: [License-discuss] FAQ entry (and potential website page?) on why standard licenses?

2014-04-28 Thread Ben Cotton
On Mon, Apr 28, 2014 at 11:26 AM, Lawrence Rosen lro...@rosenlaw.com wrote:
 I'm not quarreling with OSI's attempt to get everyone to use approved
 licenses

Larry hit on my suggestion. Anywhere the word standard is used, some
variant of approved or OSI-approved is a reasonable replacement.


Thanks,
BC

-- 
Ben Cotton
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Re: [License-discuss] FAQ entry (and potential website page?) on why standard licenses?

2014-04-28 Thread Lawrence Rosen
Miles and others,

Can you correlate what OSI does with what is described at 
http://opensource.org/osr-intro? 

I should also point out that criteria for open standards have been argued about 
extensively in the standards community. They are by no means widely accepted. 
I'm not suggesting that open standards (whatever that term means) aren't 
essential, but that OSI has a long way to go before it will be respected as a 
standards organization like the ones you mentioned (IEEE, ISOC (IETF), W3C, 
and so forth). 

I'm not sure I'd use your term show-stopper to describe this. I suppose 
anyone can voluntarily hang out a shingle calling himself a standards 
organization. But this isn't a time for amateur definitions of standards that 
won't be respected among standards professionals. That doesn't help anyone.

What's worse, it doesn't help anyone choose an *appropriate* license for 
software.

/Larry

-Original Message-
From: Miles Fidelman [mailto:mfidel...@meetinghouse.net] 
Sent: Monday, April 28, 2014 8:40 AM
To: license-discuss@opensource.org
Subject: Re: [License-discuss] FAQ entry (and potential website page?) on why 
standard licenses?

Lawrence Rosen wrote:

 Simon Phipps wrote:

  Mind you, OSI has described itself as a standards body for open
 source licenses

  for a long time, see http://opensource.org/about (I believe that
 text used to be

  on the home page).

 Perhaps, but that term has thus been misused. There is absolutely 
 nothing about OSI – its governance policies, its procedures, its 
 membership rules, its board selections, or its activities – that would 
 in any sense qualify OSI as a standards organization.


Can you elaborate on that please?  OSI appears to be at least partially acting 
as a standard formation organization (particularly vis-a-vis the Open Source 
Definition).  In your opinion, what precludes it from acting as a voluntary 
standards organization in a manner similar to IEEE, ISOC (IETF), W3C, and so 
forth.  Arguably, its governance is a mess - for example bylaws that state it's 
not a membership organization, while at the same time soliciting members - but 
is that a show-stopper?

Miles Fidelman


--
In theory, there is no difference between theory and practice.
In practice, there is.    Yogi Berra

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Re: [License-discuss] FAQ entry (and potential website page?) on why standard licenses?

2014-04-28 Thread Richard Fontana
On Mon, 28 Apr 2014 11:42:51 -0400
Ben Cotton bcot...@fedoraproject.org wrote:

 On Mon, Apr 28, 2014 at 11:26 AM, Lawrence Rosen
 lro...@rosenlaw.com wrote:
  I'm not quarreling with OSI's attempt to get everyone to use
  approved licenses
 
 Larry hit on my suggestion. Anywhere the word standard is used, some
 variant of approved or OSI-approved is a reasonable replacement.
 
I might be confused but when Luis speaks of standard licenses I
assumed he means a proper subset of the OSI-approved licenses,
perhaps approximately the set of licenses the OSI has labeled
popular (something I'm known to have criticized in the past), and I
took Larry's initial response to be based on the same interpretation.

To characterize all of the OSI-approved licenses as being standard in
a common-sense sense would really stretch the common-sense meaning of
standard. For an arbitrary example I picked in going down the list of
OSI-approved licenses, to assert that there is something standard
about the Attribution Assurance License would be bizarre; I trust no
one would disagree with that. It's a *nonstandard* license. The fact
that it was approved by the OSI is very important but it does not
transform the Attribution Assurance License into something that is
standard in a common-sense sense.

As to whether it is appropriate to liken OSI to a standards group, that
seems to be an orthogonal issue -- it's a different use of the word
standard from the use I believe Luis is employing.


 - Richard

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Re: [License-discuss] FAQ entry (and potential website page?) on why standard licenses?

2014-04-28 Thread John Cowan
Lawrence Rosen scripsit:

  Mind you, OSI has described itself as a standards body for open
  source licenses for a long time, see http://opensource.org/about
  (I believe that text used to be on the home page).
 
 Perhaps, but that term has thus been misused. There is absolutely
 nothing about OSI – its governance policies, its procedures, its
 membership rules, its board selections, or its activities – that
 would in any sense qualify OSI as a standards organization.

I agree that OSI is not a standards organization *for* licenses.
It has only one standard, the OSD.  But by virtue of that, it is
a standards-defining organization.  There are thousands of SSOs (as
distinct from ISO and the various national standards bodies), and their
organizational structures are extremely diverse, from industry consortia
to closely held companies.

The main OSI activity, of course, is not standards setting or even
standards maintenance, but certification.  It may be compared in a
small way to UL, which both defines standards and certifies a great many
products for compliance to them.

 I'm not quarreling with OSI's attempt to get everyone to use approved
 licenses, but I have long challenged your attempts to steer people
 toward some subset of those licenses. Especially if you hint that they
 are in any way, shape or form standard licenses.  That's overreach
 for which you are not legally qualified.

Nonsense.  I and my friend George can constitute ourselves as an SSO with
no formal legal relationship whatsoever, jointly issue standards for
whatever we want, and even certify products for compliance with those
standards.  Nobody has to listen to us, of course.  Indeed, the Scheme
language is standardized by a process that is only one step up from this
(as distinct from Fortran or C, which are ISO standards).  Not that
programming languages necessarily need standards:  Perl 5 has none.

Furthermore, the term standard is a regular part of Standard English
and may be used freely by anyone.  (Indeed, Standard English itself is a
standard in every sense despite the complete lack of anything resembling
a standards-setting organization for it.)  By the same token, the GPL is
a standard open-source license and the Motosoto Open Source License is
not, though both are equally OSI certified.

-- 
John Cowan  http://www.ccil.org/~cowanco...@ccil.org
In politics, obedience and support are the same thing.  --Hannah Arendt
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Re: [License-discuss] FAQ entry (and potential website page?) on why standard licenses?

2014-04-28 Thread Miles Fidelman

Lawrence Rosen wrote:

Miles and others,
Can you correlate what OSI does with what is described at 
http://opensource.org/osr-intro?


Personally, I think it's up to OSI to make the case for what they do, 
and the extent that they are or are not a standards body.  As far as I 
can tell, their open source definition is useful as a touchstone for 
comparing and contrasting various licenses that are promulgated by others.


Miles Fidelman

--
In theory, there is no difference between theory and practice.
In practice, there is.    Yogi Berra

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Re: [License-discuss] FAQ entry (and potential website page?) on why standard licenses?

2014-04-28 Thread Lawrence Rosen
John, once again you state the obvious to support an invalid argument:
 By the same token, the GPL is a standard open-source license and the
 Motosoto Open Source License is not, though both are equally OSI certified.

Do you expect anyone to argue that the GPL isn't the most widely used and 
popular open source license (although its author might quarrel with the phrase 
open source much as I do to the word standard)? I'm also comfortable with 
the suggestion that the Motosoto license is an irrelevancy in the software 
industry. If your FAQ wants to say that, do so. 

The GPL might also be standard in the way that Richard Fontana carefully used 
that term, but not as your phrase standard license implies. I affirm Richard 
Fontana's interpretation of my earlier note, that OSI often and incorrectly 
uses the word standard to mean popular -- and that's not good.  

Popularity and wide use do not a good standard make! Shall I recount the 
document format wars as an example where the widespread popularity of one 
standard (fostered by a big company with influence) was successfully fought by 
a smaller upstart who purportedly did things better? 

OSI's long-running attempt to reduce the number of open source licenses in 
widespread use doesn't turn OSI into a standards organization, merely advocates 
for easy answers to complex legal questions

/Larry


-Original Message-
From: John Cowan [mailto:co...@mercury.ccil.org] 
Sent: Monday, April 28, 2014 9:10 AM
To: lro...@rosenlaw.com; license-discuss@opensource.org
Subject: Re: [License-discuss] FAQ entry (and potential website page?) on why 
standard licenses?

Lawrence Rosen scripsit:

  Mind you, OSI has described itself as a standards body for open 
  source licenses for a long time, see http://opensource.org/about (I 
  believe that text used to be on the home page).
 
 Perhaps, but that term has thus been misused. There is absolutely 
 nothing about OSI – its governance policies, its procedures, its 
 membership rules, its board selections, or its activities – that would 
 in any sense qualify OSI as a standards organization.

I agree that OSI is not a standards organization *for* licenses.
It has only one standard, the OSD.  But by virtue of that, it is a 
standards-defining organization.  There are thousands of SSOs (as distinct from 
ISO and the various national standards bodies), and their organizational 
structures are extremely diverse, from industry consortia to closely held 
companies.

The main OSI activity, of course, is not standards setting or even standards 
maintenance, but certification.  It may be compared in a small way to UL, which 
both defines standards and certifies a great many products for compliance to 
them.

 I'm not quarreling with OSI's attempt to get everyone to use approved 
 licenses, but I have long challenged your attempts to steer people 
 toward some subset of those licenses. Especially if you hint that they 
 are in any way, shape or form standard licenses.  That's overreach 
 for which you are not legally qualified.

Nonsense.  I and my friend George can constitute ourselves as an SSO with no 
formal legal relationship whatsoever, jointly issue standards for whatever we 
want, and even certify products for compliance with those standards.  Nobody 
has to listen to us, of course.  Indeed, the Scheme language is standardized by 
a process that is only one step up from this (as distinct from Fortran or C, 
which are ISO standards).  Not that programming languages necessarily need 
standards:  Perl 5 has none.

Furthermore, the term standard is a regular part of Standard English and may 
be used freely by anyone.  (Indeed, Standard English itself is a standard in 
every sense despite the complete lack of anything resembling a 
standards-setting organization for it.)  By the same token, the GPL is a 
standard open-source license and the Motosoto Open Source License is not, 
though both are equally OSI certified.

-- 
John Cowan  http://www.ccil.org/~cowanco...@ccil.org
In politics, obedience and support are the same thing.  --Hannah Arendt

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Re: [License-discuss] FAQ entry (and potential website page?) on why standard licenses?

2014-04-28 Thread Bruno F. Souza

Sidestepping the whole discussion around standard's bodies and other meanings 
of standard, when I read Luis' FAQ entry, the use of the term standard is 
really confusing...

Specially since the Wiki page does not seem to imply any of the things being 
discussed in this thread...

The entry seems to equate standard with OSI-approved: 
Using standard, OSI-approved open source licenses
standard licenses that comply with the Open Source Definition
standard licenses that have been approved by the Open Source 
Initiative
Using standard, widely-used terms that comply with the Open Source 
Definition

It has nothing to do with popularity or license proliferation, because 
standard is not used in this way in the text. More specifically:
Using standard licenses [...] particularly those licenses that are 
widely-used
(for me this clearly states that all approved licenses are standard, 
not only the widely-used ones)

It also opposes standard with custom or new:
reducing [...] legal errors that can be present in new, custom 
licenses.

And some times, it seems to be one thing more then OSI-approved:
using a well-known license that is standard in the community *and* 
[OSI-]approved
(emphasis added)

So, I think the text is really calling for a less confusing term, and I think 
OSI-approved is probably what we want here. After all, talking about the 
advantages of the OSI-approved licenses for projects, developers and managers 
is a great way to promote OSI.

Cheers,
Bruno.



On 28/04/2014, at 13:04, Richard Fontana font...@sharpeleven.org wrote:

 On Mon, 28 Apr 2014 11:42:51 -0400
 Ben Cotton bcot...@fedoraproject.org wrote:
 
 On Mon, Apr 28, 2014 at 11:26 AM, Lawrence Rosen
 lro...@rosenlaw.com wrote:
 I'm not quarreling with OSI's attempt to get everyone to use
 approved licenses
 
 Larry hit on my suggestion. Anywhere the word standard is used, some
 variant of approved or OSI-approved is a reasonable replacement.
 
 I might be confused but when Luis speaks of standard licenses I
 assumed he means a proper subset of the OSI-approved licenses,
 perhaps approximately the set of licenses the OSI has labeled
 popular (something I'm known to have criticized in the past), and I
 took Larry's initial response to be based on the same interpretation.
 
 To characterize all of the OSI-approved licenses as being standard in
 a common-sense sense would really stretch the common-sense meaning of
 standard. For an arbitrary example I picked in going down the list of
 OSI-approved licenses, to assert that there is something standard
 about the Attribution Assurance License would be bizarre; I trust no
 one would disagree with that. It's a *nonstandard* license. The fact
 that it was approved by the OSI is very important but it does not
 transform the Attribution Assurance License into something that is
 standard in a common-sense sense.
 
 As to whether it is appropriate to liken OSI to a standards group, that
 seems to be an orthogonal issue -- it's a different use of the word
 standard from the use I believe Luis is employing.
 
 
 - Richard
 
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http://www.javaman.com.br  bruno at javaman.com.br
if I fail, if I succeed, at least I live as I believe



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Re: [License-discuss] FAQ entry (and potential website page?) on why standard licenses?

2014-04-28 Thread Richard Fontana
On Mon, 28 Apr 2014 15:03:20 -0300
Bruno F. Souza br...@javaman.com.br wrote:

 Sidestepping the whole discussion around standard's bodies and other
 meanings of standard, when I read Luis' FAQ entry, the use of the
 term standard is really confusing...

I think so too now, in light of this thread at least. 

 The entry seems to equate standard with OSI-approved: 
   Using standard, OSI-approved open source licenses
   standard licenses that comply with the Open Source
 Definition standard licenses that have been approved by the Open
 Source Initiative Using standard, widely-used terms that comply
 with the Open Source Definition
 
 It has nothing to do with popularity or license proliferation,
 because standard is not used in this way in the text. More
 specifically: Using standard licenses [...] particularly those
 licenses that are widely-used (for me this clearly states that all
 approved licenses are standard, not only the widely-used ones)
 
 It also opposes standard with custom or new:
   reducing [...] legal errors that can be present in new,
 custom licenses.
 
 And some times, it seems to be one thing more then OSI-approved:
   using a well-known license that is standard in the community
 *and* [OSI-]approved (emphasis added)
 
 So, I think the text is really calling for a less confusing term, and
 I think OSI-approved is probably what we want here. After all,
 talking about the advantages of the OSI-approved licenses for
 projects, developers and managers is a great way to promote OSI. 

I'll pick on the Motosoto License here since someone else brought it up.

If OSI-approved is what is meant by standard, then these arguments
get much weaker. There is much to be said for the fact that the
Motosoto License was OSI-approved. But any new project resurrecting the
Motosoto License today would not inspire confidence or increase trust
as a result of that license choice. (Maybe for a legacy project it
would be different.)  

To make use of another use of the word standard, OSI approval
signifies to me that a license meets minimum standards of
acceptability, minimum standards of conformance to FLOSS norms, and I
believe this is true of the Motosoto License. But only some OSI-approved
licenses go further and inspire for me the kind of trust and confidence
spoken of in Luis's draft FAQ entry. (For me, these are not limited to
the licenses the OSI has recommended as popular or widely-used.)
 

 - RF






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Re: [License-discuss] FAQ entry (and potential website page?) on why standard licenses?

2014-04-28 Thread Ben Tilly
On Mon, Apr 28, 2014 at 9:55 AM, Lawrence Rosen lro...@rosenlaw.com wrote:
 John, once again you state the obvious to support an invalid argument:
 By the same token, the GPL is a standard open-source license and the
 Motosoto Open Source License is not, though both are equally OSI certified.

 Do you expect anyone to argue that the GPL isn't the most widely used
 and popular open source license (although its author might quarrel with
 the phrase open source much as I do to the word standard)? I'm also
 comfortable with the suggestion that the Motosoto license is an irrelevancy
 in the software industry. If your FAQ wants to say that, do so.

Suggested solution, can we use the word common instead of
standard?  And our definition of common should be something
relatively objective, like the top X licenses in use on github, minus
licenses (like the GPL v2) whose authors are pushing to replace with a
different license.

The problem is simple.  Larry has a vested interest because he is the
author of several licenses, and makes money in helping clients find
the license that best meets their needs.

Most other people in this conversation don't particularly care whether
the license best meets the needs of the person writing software - as
software consumers they want to have a small number of licenses to
understand and deal with.  Hence there is a desire to call some of
them standard licenses.  But when you throw the word standard out
there, you give the implicit notion that there is a standard by
which things were judged.  And standards processes are always going to
be very, very political because, by definition, they are attempting to
select approved winners and the disapproved losers will always try
(generally loudly) to influence the selection process.

However we have no standards process, no standards body, and shouldn't
be triggering that reaction lightly.

But it seems to me that common pushes developers in a desirable
direction, but does so subtly enough to leave Larry room for what he
does, and without triggering the OMG, we're not following a
standard! reaction where it is not warranted.
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Re: [License-discuss] FAQ entry (and potential website page?) on why standard licenses?

2014-04-28 Thread Richard Fontana
On Mon, 28 Apr 2014 13:31:06 -0700
Ben Tilly bti...@gmail.com wrote:

 Suggested solution, can we use the word common instead of
 standard?  And our definition of common should be something
 relatively objective, like the top X licenses in use on github, minus
 licenses (like the GPL v2) whose authors are pushing to replace with a
 different license. 

You'd exclude the most commonly-used FLOSS license from common?

 - RF
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Re: [License-discuss] FAQ entry (and potential website page?) on why standard licenses?

2014-04-28 Thread John Cowan
Richard Fontana scripsit:

 You'd exclude the most commonly-used FLOSS license from common?

Well, the most common license is probably GPLV2+, not GPLV2-only.

-- 
John Cowan  http://www.ccil.org/~cowanco...@ccil.org
All Norstrilians knew that humor was pleasurable corrigible malfunction.
--Cordwainer Smith, Norstrilia
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Re: [License-discuss] FAQ entry (and potential website page?) on why standard licenses?

2014-04-28 Thread Ben Tilly
Apparently so.  Because if you agree with the goals of the GPL, you
should probably be using GPL v3+ rather than GPL v2+.

On Mon, Apr 28, 2014 at 1:57 PM, Richard Fontana
font...@sharpeleven.org wrote:
 On Mon, 28 Apr 2014 13:31:06 -0700
 Ben Tilly bti...@gmail.com wrote:

 Suggested solution, can we use the word common instead of
 standard?  And our definition of common should be something
 relatively objective, like the top X licenses in use on github, minus
 licenses (like the GPL v2) whose authors are pushing to replace with a
 different license.

 You'd exclude the most commonly-used FLOSS license from common?

  - RF
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Re: [License-discuss] FAQ entry (and potential website page?) on why standard licenses?

2014-04-28 Thread Philip Odence
In case it helps, Black Duck publishes a top licenses list based on the
number of projects in our KnowledgeBase (out of a current total of about a
million) that utilize each respective license.
http://www.blackducksoftware.com/resources/data/top-20-open-source-licenses
 
The webpage only shows the top 20, but if OSI thought that 30, say, was a
good number, we could provide those.

By the way, we are working on improving the presentation of the list, but
I didn¹t want to wait for that before throwing the thought into the mix.



On 4/28/14, 4:57 PM, Richard Fontana font...@sharpeleven.org wrote:

On Mon, 28 Apr 2014 13:31:06 -0700
Ben Tilly bti...@gmail.com wrote:

 Suggested solution, can we use the word common instead of
 standard?  And our definition of common should be something
 relatively objective, like the top X licenses in use on github, minus
 licenses (like the GPL v2) whose authors are pushing to replace with a
 different license.

You'd exclude the most commonly-used FLOSS license from common?

 - RF
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Re: [License-discuss] FAQ entry (and potential website page?) on why standard licenses?

2014-04-28 Thread Lawrence Rosen
Hi Philip,

 

Thanks for the Black Duck Top 20 list of open source licenses. Your list
is the best around, so please don't take the following criticism too
personally. But this list demonstrates that even the ways that we calculate
popularity are flawed. For example:

 

* Are GPLv2 and GPLv3 really one license nowadays with total 38%
popularity, or still two licenses? [Ben Tilly already made that suggestion
on this list.] And the classpath exception version of the GPL (at  1%)
qualifies that license for yet a third spot on your Top 20 list? 

 

* Same with the LGPL; is that one license at (5% and 2%,
respectively) or one license at 7%?

 

* Are these numbers based on lines of code created, numbers of
unique programs under the license, or number of copies of the software
actually distributed? For example, under what criteria does the zlib/libpng
license count? Wikipedia describes that license as intended for two specific
software libraries but also used by many other free software packages.
That comment in Wikipedia is as vague and uninformative as the  1% that
you cite in your table. I say this to point out that numbers on a list need
to be *interpreted* and *scaled* to be useful.

 

* Is there any value to listing the 2-clause and the 3-clause BSD
licenses separately, given that no company lawyer in the world gives a damn
about the distinctions between them? Meanwhile, every conversation about the
BSD licenses on these OSI email lists concludes with the following great
suggestion: Why don't you use the Apache License 2.0 instead? If OSI is
ever going to recommend answers to easy legal questions, surely this is
among them. It serves absolutely no useful purpose at this stage of our
maturity to list each version of the BSD license separately – not even the
two you placed on your list.

 

* You list the CDDL, a license created by a company that no longer
exists and whose successor company doesn't use it. Do we still count
deprecated licenses for as long as a even single copy of that code resides
in the wild? Not only that, but two versions of that single obsolete license
are individually listed in the Top 20.

 

* Wikipedia refers to the CPOL license as mainly applied to content
that is being published on a single community site for software developers
known as The Code Project. Wikipedia further reports that the CPOL license
is neither open as defined by OSI nor free as defined by FSF. Why is it
on your list at all?

 

/Larry

 

 

-Original Message-
From: Philip Odence [mailto:pode...@blackducksoftware.com] 
Sent: Monday, April 28, 2014 2:48 PM
To: license-discuss@opensource.org
Subject: Re: [License-discuss] FAQ entry (and potential website page?) on
why standard licenses?

 

In case it helps, Black Duck publishes a top licenses list based on the
number of projects in our KnowledgeBase (out of a current total of about a

million) that utilize each respective license.

 
http://www.blackducksoftware.com/resources/data/top-20-open-source-licenses

http://www.blackducksoftware.com/resources/data/top-20-open-source-licenses

The webpage only shows the top 20, but if OSI thought that 30, say, was a
good number, we could provide those.

 

By the way, we are working on improving the presentation of the list, but I
didn¹t want to wait for that before throwing the thought into the mix.

 

 

 

On 4/28/14, 4:57 PM, Richard Fontana  mailto:font...@sharpeleven.org
font...@sharpeleven.org wrote:

 

On Mon, 28 Apr 2014 13:31:06 -0700

Ben Tilly  mailto:bti...@gmail.com bti...@gmail.com wrote:

 

 Suggested solution, can we use the word common instead of 

 standard?  And our definition of common should be something 

 relatively objective, like the top X licenses in use on github, minus 
licenses (like the GPL v2) whose authors are pushing to replace with 

 a different license.

 

You'd exclude the most commonly-used FLOSS license from common?

 

 - RF

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[License-discuss] FAQ entry (and potential website page?) on why standard licenses?

2014-04-27 Thread Luis Villa
Hi, all-

A few of us were talking and realized the FAQ/website have nothing to
explain why *using standard licenses* is a good idea. This being a sort of
basic point, I started remedying the problem :)

Draft FAQ entry addressing the question is here:
http://wiki.opensource.org/bin/Projects/Why+standardized+licensing%3F

There is also an incomplete potential more-than-FAQ answer that could be
put somewhere on opensource.org. The more I think about it, the more I
think the FAQ may be sufficient, but I'd be curious what others here think
and whether something longer is worthwhile.

Feedback is probably better on-wiki but the list is fine too. :)
Luis
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Re: [License-discuss] FAQ entry (and potential website page?) on why standard licenses?

2014-04-27 Thread lro...@rosenlaw.com
Standard is a loaded term. Licenses are not standards and OSI is not a 
standards organization.  Larry


Sent from my smartphone

 Original message 
From: Luis Villa l...@lu.is 
Date:04/27/2014  6:11 PM  (GMT-08:00) 
To: License Discuss license-discuss@opensource.org 
Subject: [License-discuss] FAQ entry (and potential website page?) on why  
standard licenses? 

Hi, all-

A few of us were talking and realized the FAQ/website have nothing to explain 
why *using standard licenses* is a good idea. This being a sort of basic point, 
I started remedying the problem :) 

Draft FAQ entry addressing the question is here: 
http://wiki.opensource.org/bin/Projects/Why+standardized+licensing%3F

There is also an incomplete potential more-than-FAQ answer that could be put 
somewhere on opensource.org. The more I think about it, the more I think the 
FAQ may be sufficient, but I'd be curious what others here think and whether 
something longer is worthwhile.

Feedback is probably better on-wiki but the list is fine too. :)
Luis
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Re: [License-discuss] FAQ entry (and potential website page?) on why standard licenses?

2014-04-27 Thread Simon Phipps
Care to propose an improvement?


On Sun, Apr 27, 2014 at 7:37 PM, lro...@rosenlaw.com lro...@rosenlaw.comwrote:

 Standard is a loaded term. Licenses are not standards and OSI is not a
 standards organization.  Larry


 Sent from my smartphone


  Original message 
 From: Luis Villa
 Date:04/27/2014 6:11 PM (GMT-08:00)
 To: License Discuss
 Subject: [License-discuss] FAQ entry (and potential website page?) on why
 standard licenses?

 Hi, all-

 A few of us were talking and realized the FAQ/website have nothing to
 explain why *using standard licenses* is a good idea. This being a sort of
 basic point, I started remedying the problem :)

 Draft FAQ entry addressing the question is here:
 http://wiki.opensource.org/bin/Projects/Why+standardized+licensing%3F

 There is also an incomplete potential more-than-FAQ answer that could be
 put somewhere on opensource.org. The more I think about it, the more I
 think the FAQ may be sufficient, but I'd be curious what others here think
 and whether something longer is worthwhile.

 Feedback is probably better on-wiki but the list is fine too. :)
 Luis

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-- 
Simon Phipps*, OSI President*
+44 238 098 7027 or +1 415 683 7660 : www.opensource.org
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Re: [License-discuss] FAQ entry (and potential website page?) on why standard licenses?

2014-04-27 Thread Lawrence Rosen
How about OSI Approved license? That's what you do. 

Larry 



Sent from my tablet and thus brief

Simon Phipps webm...@opensource.org wrote:

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Re: [License-discuss] FAQ entry (and potential website page?) on why standard licenses?

2014-04-27 Thread Simon Phipps
I don't think that's the point of the entry Luis is constructing. He's
using the word standardized as a term of speech rather than as a
technical term.

Mind you, OSI has described itself as a standards body for open source
licenses for a long time, see http://opensource.org/about (I believe that
text used to be on the home page).

S.


On Sun, Apr 27, 2014 at 8:31 PM, Lawrence Rosen lro...@rosenlaw.com wrote:

 How about OSI Approved license? That's what you do.


 Simon Phipps webm...@opensource.org wrote:

 Care to propose an improvement?


 On Sun, Apr 27, 2014 at 7:37 PM, lro...@rosenlaw.com 
 lro...@rosenlaw.comwrote:

 Standard is a loaded term. Licenses are not standards and OSI is not a
 standards organization.  Larry


  Original message 
 From: Luis Villa
 Date:04/27/2014 6:11 PM (GMT-08:00)
 To: License Discuss
 Subject: [License-discuss] FAQ entry (and potential website page?) on
 why standard licenses?

 Hi, all-

 A few of us were talking and realized the FAQ/website have nothing to
 explain why *using standard licenses* is a good idea. This being a sort of
 basic point, I started remedying the problem :)

 Draft FAQ entry addressing the question is here:
 http://wiki.opensource.org/bin/Projects/Why+standardized+licensing%3F

 There is also an incomplete potential more-than-FAQ answer that could be
 put somewhere on opensource.org. The more I think about it, the more I
 think the FAQ may be sufficient, but I'd be curious what others here think
 and whether something longer is worthwhile.

 Feedback is probably better on-wiki but the list is fine too. :)
 Luis


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