RE: License for a document or presentation?

2004-04-14 Thread Lawrence Rosen
Rod, If all that is being taken from an original work are its underlying ideas, then of course copyright doesn't matter. But what if we want to encourage folks to make copies of works, or modify them, or distribute them. Doesn't an open source license make it clear that those things are doable

RE: Browsewrap Agreements

2004-05-11 Thread Lawrence Rosen
John Cowan wrote: YAAL and I am not, but I think this case is narrowly fact-based and doesn't portend squat. It depends critically on the fact that Verio snarfed Register.com's data over and over, even though they should have known after the first one what the story was. The court's apple

RE: Submitting a new license or using the current ones

2004-05-06 Thread Lawrence Rosen
Alex Rousskov wrote: Is there any active cooperation between OSI leaders and CC leaders to build a common interface to good software licenses? Or are we going to see yet another fragmentation here? What makes you think there isn't already active cooperation? I know from personal experience

RE: Why open-source means free to distribute?

2004-05-06 Thread Lawrence Rosen
, they may not use our certification mark. We don't care what they look like. Lawrence Rosen Rosenlaw Einschlag, technology law offices 3001 King Ranch Road, Ukiah, CA 95482 707-485-1242 * fax: 707-485-1243 email: [EMAIL PROTECTED] www.rosenlaw.com -Original Message- From: Alex Rousskov

RE: Which license to use for MFC based software?

2004-06-02 Thread Lawrence Rosen
John Cowan wrote: Their licenses can reach out to control what you and your whole family had for dinner on June 1, 1999. At least according to them. That is unreasonable. No court would enforce that. On the other hand, perhaps they can control what I have for dinner AFTER I enter into a

RE: Creative Commons Attribution

2004-06-05 Thread Lawrence Rosen
Lawrence Rosen Rosenlaw Einschlag, technology law offices 3001 King Ranch Road, Ukiah, CA 95482 707-485-1242 * fax: 707-485-1243 email: [EMAIL PROTECTED] www.rosenlaw.com -Original Message- From: Evan Prodromou [mailto:[EMAIL PROTECTED] Sent: Friday, June 04, 2004 11:59 AM To: license

RE: For Approval: Educational Community License

2004-06-08 Thread Lawrence Rosen
page includes an invalid copyright notice, an improper and infringing use of OSI's trademark, and is misleading. It is NOT a sufficient disclaimer to say Approval Pending - Sample Only! on this publicly available webpage that is not authorized by OSI. Please change it. /Larry Rosen Lawrence Rosen

RE: Effect of the MySQL FLOSS License Exception?

2004-06-17 Thread Lawrence Rosen
/why_we_use_the_lgpl.pdf. /Larry Lawrence Rosen Rosenlaw Einschlag, technology law offices (www.rosenlaw.com) General counsel, Open Source Initiative (www.opensource.org) 3001 King Ranch Road, Ukiah, CA 95482 707-485-1242 * fax: 707-485-1243 email: [EMAIL PROTECTED] -- license-discuss archive is at http

RE: Effect of the MySQL FLOSS License Exception?

2004-06-17 Thread Lawrence Rosen
the sorts of transformations of software that result in the creation of a derivative work. In the meantime, I have found no case that even suggests that the mere linking of one black-box program to another results in the creation of a derivative work of either. And why should it? /Larry Lawrence

RE: Effect of the MySQL FLOSS License Exception?

2004-06-18 Thread Lawrence Rosen
, the third meaning corresponds to the creation of a derivative work. /Larry Lawrence Rosen Rosenlaw Einschlag, technology law offices (www.rosenlaw.com) General counsel, Open Source Initiative (www.opensource.org) 3001 King Ranch Road, Ukiah, CA 95482 707-485-1242 * fax: 707-485-1243 email: [EMAIL

RE: testing kit conformance as a condition of distribution

2004-06-30 Thread Lawrence Rosen
, including Sun's. I think they help customers to select software that meets important standards. I just don't like it when companies try to force free software to bear certification marks its authors may not want or need. /Larry Lawrence Rosen Rosenlaw Einschlag, technology law offices (www.rosenlaw.com

RE: On the licensing terms of the open source licenses text

2004-07-09 Thread Lawrence Rosen
allows. What part, after all, of my license is copyrightable subject matter? Everything? We've made copyright so expansive that I expect to see such notices on graffiti soon. /Larry Lawrence Rosen Rosenlaw Einschlag, technology law offices (www.rosenlaw.com) General counsel, Open Source Initiative

Re: [License-discuss] GPL and proprietary WebAPIs

2011-12-22 Thread Lawrence Rosen
a derivative work. If GPL advocates insist upon distinguishing among types of functional linking, then talented software engineers will avoid disputes by building shims, APIs, or use dynamic linking to accomplish their functional goals. More power to them! /Larry Lawrence Rosen Rosenlaw Einschlag

Re: [License-discuss] GPL and proprietary WebAPIs

2011-12-23 Thread Lawrence Rosen
Chad Perrin wrote: Take the most restrictive reasonable interpretation of both if you want to play it safe. That's true as far as it goes but leaves out the fun part of the analysis. The evaluation of risk -- particularly legal risk -- involves the analysis of many factors. Sometimes the most

[License-discuss] Golan v. Holder

2012-01-22 Thread Lawrence Rosen
that the public domain isn't quite as safe as licenses. /Larry Lawrence Rosen Rosenlaw Einschlag, a technology law firm (www.rosenlaw.com) 3001 King Ranch Road, Ukiah, CA 95482 ___ License-discuss mailing list License-discuss@opensource.org

[License-discuss] Linking question

2012-03-02 Thread Lawrence Rosen
Bruce Perens wrote: Despite the fact that Larry and those law review folks are sure about the linking question, every party who would benefit from a case going according to Larry's interpretation has settled their case with the GPL licensor rather than invest what is necessary for a court to

Re: [License-discuss] [License-review] CC withdrawl of CC0 from OSI process

2012-03-02 Thread Lawrence Rosen
Mike Milinkovich wrote: I don't disagree with this, but I feel obliged to point out that truly independent open source softare developers sometimes make available combinations of code which violate license terms. And their work is then included in the work of others. Given the ease with which

Re: [License-discuss] New OSI FAQ items posted about Public Domain and CC0.

2012-04-03 Thread Lawrence Rosen
Karl, those are excellent FAQ entries! They summarize quite well the non-consensus reached on our lists. Good work! /Larry Lawrence Rosen Rosenlaw Einschlag, a technology law firm (www.rosenlaw.com) 3001 King Ranch Road, Ukiah, CA 95482 Cell: 707-478-8932 -Original Message- From

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

2012-04-04 Thread Lawrence Rosen
-bean.com] Sent: Wednesday, April 04, 2012 3:39 PM To: lro...@rosenlaw.com Cc: license-discuss@opensource.org Subject: Re: [License-discuss] Draft of new OSI licenses landing page; please review. Lawrence Rosen lro...@rosenlaw.com writes: There is no way that OSI is qualified to recommend

[License-discuss] CPOL 1.02

2012-04-04 Thread Lawrence Rosen
that matters! /Larry [1] http://www.codeproject.com/info/cpol10.aspx [2] http://osrc.blackducksoftware.com/data/licenses/ Lawrence Rosen Rosenlaw Einschlag, a technology law firm (www.rosenlaw.com) 3001 King Ranch Road, Ukiah, CA 95482 Cell: 707-478-8932 ---BeginMessage--- Hi all

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

2012-04-04 Thread Lawrence Rosen
Karl Fogel wrote: It makes sense to tune the page toward one special kind of visitor: a person who doesn't know much about licenses, doesn't feel the need to get expert help, and is just going to pick one. I would probably recommend to someone who doesn't really care about his copyright other

Re: [License-discuss] SPDX License List v1.14 OSI questions

2012-04-30 Thread Lawrence Rosen
I can find no record of approval of the Academic Free License prior to 3.0. As of 2006-10-31, we were linking to /licenses/afl-3.0.php, and now of course we link to http://opensource.org/licenses/AFL-3.0. http://wayback.archive.org/web/*/http://opensource.org/licenses/* is your friend.

Re: [License-discuss] proposal to revise and slightly reorganize the OSI licensing pages

2012-06-04 Thread Lawrence Rosen
that nonsensical list. /Larry Lawrence Rosen Rosenlaw Einschlag, a technology law firm (www.rosenlaw.com) 3001 King Ranch Rd., Ukiah, CA 95482 Office: 707-485-1242 -Original Message- From: Luis Villa [mailto:l...@tieguy.org] Sent: Monday, June 04, 2012 9:17 AM To: License Discuss

[License-discuss] Alternative Proposal: The OSI licensing pages

2012-06-05 Thread Lawrence Rosen
Karl Fogel wrote: As has been explained multiple times, Luis's current proposal is intentionally based on something that was determined a long time ago, and he is doing it this way in order to be able to take one small step now -- and not have it bottlenecked by the larger more complex

Re: [License-discuss] proposal to revise and slightly reorganize the OSI licensing pages

2012-06-11 Thread Lawrence Rosen
Gervase Markham wrote: I'd add that, given that the MPL 2 is used by both Mozilla and LibreOffice, two very substantial projects, I'd say it pretty much fits the criteria on its own merits even without support from the large body of MPL 1.1+ software out there. I fully agree with the general

Re: [License-discuss] Can copyrights be abandoned to the public domain?

2012-08-17 Thread Lawrence Rosen
that collapsed? -russ Lawrence Rosen writes: Russ, have you ever experienced that inferiority in actual open source software? /Larry (from my tablet and brief) Russ Nelson nel...@crynwr.com wrote: Oleksandr Gavenko writes: Moral Rights: Only some countries claim Moral Rights

Re: [License-discuss] Can copyrights be abandoned to the public domain?

2012-08-17 Thread Lawrence Rosen
To: lro...@rosenlaw.com; license-discuss@opensource.org Subject: Re: [License-discuss] Can copyrights be abandoned to the public domain? On Fri, Aug 17, 2012 at 9:12 AM, Lawrence Rosen mailto:lro...@rosenlaw.com lro...@rosenlaw.com wrote: Russ Nelson asked: Larry, have you ever been driving

Re: [License-discuss] Can copyrights be abandoned to the public domain?

2012-08-18 Thread Lawrence Rosen
. I'd almost welcome litigation about this issue so that we can expunge morality from software. If you want to worry about copyright law, consider 17 USC 203. [1] Tell me what you experience as you drive over that bridge /Larry [1] http://www.law.cornell.edu/uscode/text/17/203 Lawrence Rosen

Re: [License-discuss] plain text license versions?

2012-09-06 Thread Lawrence Rosen
at 2:37 PM, Lawrence Rosen lro...@rosenlaw.com wrote: Is distribution of the *link* to the license sufficient compliance with this requirement? For CC and MPL 2, yes. MIT and many others? The conventional interpretation is no. Luis /Larry (from my tablet and brief) Luis Villa l

[License-discuss] License Stewards

2012-10-03 Thread Lawrence Rosen
; and reminded the world that only OSI could bless a revised license as open source. Here's what section 16 of the OSL says: 16) Modification of This License. This License is Copyright C 2005 Lawrence Rosen. Permission is granted to copy, distribute, or communicate this License without modification

Re: [License-discuss] License Stewards

2012-10-04 Thread Lawrence Rosen
Circuit, they can't own the law. /Larry Lawrence Rosen Rosenlaw Einschlag, a technology law firm (www.rosenlaw.com) 3001 King Ranch Rd., Ukiah, CA 95482 Office: 707-485-1242 -Original Message- From: Grahame Grieve [mailto:grah...@healthintersections.com.au] Sent: Wednesday, October 03

Re: [License-discuss] License Stewards

2012-10-05 Thread Lawrence Rosen
Rick Moen wrote: I certainly never turn up my nose if someone offers me promissory estoppel, but I'm not sure a licence steward venting an amateur opinion[1] about the copyrightability of his/her creation establishes estoppel. Let me suggest a way around this issue. Remember that I started

Re: [License-discuss] proposal to revise and slightly reorganize the OSI licensing page [revisited]

2012-11-12 Thread Lawrence Rosen
Count my vote as NO for the same reason that Nigel gave. Count me also as frustrated that OSI continues to silence the arguments against your license categorizations! /Larry Lawrence Rosen Rosenlaw Einschlag, a technology law firm (www.rosenlaw.com) 3001 King Ranch Rd., Ukiah, CA 95482 Office

Re: [License-discuss] objective criteria for license evaluation

2012-12-09 Thread Lawrence Rosen
superseded or withdrawn by the author. Good luck doing this with scientific precision. /Larry Lawrence Rosen Rosenlaw Einschlag, a technology law firm (www.rosenlaw.com) 3001 King Ranch Rd., Ukiah, CA 95482 Office: 707-485-1242 -Original Message- From: Luis Villa [mailto:l

Re: [License-discuss] License which requires watermarking? (Attribution Provision)

2013-01-01 Thread Lawrence Rosen
* determination of whether the resulting work is or is not a derivative work for which source code must be disclosed? /Larry Lawrence Rosen Rosenlaw Einschlag, a technology law firm (www.rosenlaw.com) 3001 King Ranch Rd., Ukiah, CA 95482 Office: 707-485-1242 -Original Message- From: Ken

[License-discuss] Differences between GPL and LGPL

2013-01-02 Thread Lawrence Rosen
here actually contend that the difference between these two licenses lies in the definition of a derivative work? Or that the GPL and LGPL impose different burdens on licensees depending upon what kind of derivative work they create? /Larry Lawrence Rosen Rosenlaw Einschlag, a technology law

Re: [License-discuss] Differences between GPL and LGPL

2013-01-03 Thread Lawrence Rosen
permission to write video games with their own music under licenses of their choice. /Larry [1] http://en.wikipedia.org/wiki/Sega_v._Accolade Lawrence Rosen Rosenlaw Einschlag, a technology law firm (www.rosenlaw.com) 3001 King Ranch Rd., Ukiah, CA 95482 Office: 707-485-1242 From

Re: [License-discuss] [FAQ] Is some PHP program Open Source?

2013-01-25 Thread Lawrence Rosen
language and the technology). /Larry Lawrence Rosen Rosenlaw Einschlag, a technology law firm (www.rosenlaw.com) 3001 King Ranch Rd., Ukiah, CA 95482 Office: 707-485-1242 -Original Message- From: Richard Fontana [mailto:rfont...@redhat.com] Sent: Friday, January 25, 2013 6:54 AM

Re: [License-discuss] what would de-listing of licenses look like?

2013-03-07 Thread Lawrence Rosen
I note that the plaintiff in the Jacobsen v Katzer case won on appeal to the CAFC. So reading the judge's decision in the district court is kind of irrelevant at this point. /Larry Lawrence Rosen Rosenlaw Einschlag, a technology law firm (www.rosenlaw.com) 3001 King Ranch Rd., Ukiah, CA 95482

Re: [License-discuss] FAQ entry for slight variations in licenses?

2013-03-07 Thread Lawrence Rosen
Richard Fontana wrote: One missile: The idea that you would need a lawyer, competent or otherwise, to be involved in such review, though personally appealing from a guild-aggrandizement standpoint, seems highly dubious, and probably sends the wrong message. Dear Richard, my fellow

Re: [License-discuss] Acceptable LICENSE citation

2013-06-09 Thread Lawrence Rosen
Nirk Niggler asked: I realize including the entire contents is repetitive, but is there an official statement or court case that would justify merely saying MIT rather than including the full license? Is there an official statement or court case that would justify going 56 MPH in a

Re: [License-discuss] License compatibility - reg

2013-06-26 Thread Lawrence Rosen
Luis Villa asked: Are you suggesting OSI should give legal advice, Larry? :) I asked the question that way only to see if you are actually paying attention here. Members of this OSI list frequently give advice, although they preface it with IANAL or please don't listen to me. When it comes to

Re: [License-discuss] Idea for time-dependent license, need comments

2013-07-20 Thread Lawrence Rosen
, contractual agreement. But it isn't. /Larry Lawrence Rosen Rosenlaw Einschlag, a technology law firm (www.rosenlaw.com) 3001 King Ranch Rd., Ukiah, CA 95482 Office: 707-485-1242 Linkedin profile: http://linkd.in/XXpHyu -Original Message- From: Mike Milinkovich [mailto:mike.milinkov

Re: [License-discuss] Idea for time-dependent license, need comments

2013-07-21 Thread Lawrence Rosen
To: lro...@rosenlaw.com; license-discuss@opensource.org Subject: Re: [License-discuss] Idea for time-dependent license, need comments Lawrence Rosen scripsit: It is a nice idea in principle, but it falls flat in practice. Courts usually require more than just a claim of joint authorship

Re: [License-discuss] Idea for time-dependent license, need comments

2013-07-22 Thread Lawrence Rosen
Pamela Chestek wrote: To clarify, a joint owner could authorize use of the work under a license that is different from the original license, but that doesn't effect a change of the license altogether. The original license, from the other joint author(s), remains, so what you really would have is

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

2013-08-14 Thread Lawrence Rosen
proven to be sometimes bad judges of license suckiness. Such categories won't help much, given the wide differences of opinions and business models around here. /Larry Lawrence Rosen Rosenlaw Einschlag, a technology law firm (www.rosenlaw.com) 3001 King Ranch Rd., Ukiah, CA 95482 Office: 707-485

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

2013-08-14 Thread Lawrence Rosen
Richard Stallman wrote: I considered it a problematical compromise. At least it gave us free software after a year. Precisely my point: FOSS is better late than never. /Larry -Original Message- From: Richard Stallman [mailto:r...@gnu.org] Sent: Wednesday, August 14, 2013 2:24 PM

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 Lawrence Rosen
...@gonzalezmosier.com Subject: RE: [License-discuss] Open Source Eventually License Development 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

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. :-) Voilà! Less than a day! /Larry Lawrence Rosen Rosenlaw Einschlag, a technology law firm (www.rosenlaw.com) 3001 King Ranch Rd., Ukiah

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 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

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

2013-08-18 Thread Lawrence Rosen
Dear Eben and others, Here's another interesting case, this one perhaps more directly related to the designation of someone as a trusted and accountable fiduciary for licensing intellectual property: http://en.wikipedia.org/wiki/Motion_Picture_Patents_Company /Larry

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

2013-08-18 Thread Lawrence Rosen
I'll elect to focus on Eben's legal arguments rather than his ad hominem attacks. I do so with the intent of alerting the rest of this list to his misstatements of the law, not to try to educate him. Eben is right that a license can terminate before its terms are completely executed, for reasons

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

2013-08-20 Thread Lawrence Rosen
: John Cowan [mailto:co...@mercury.ccil.org] Sent: Sunday, August 18, 2013 11:37 AM To: Lawrence Rosen Cc: 'Eben Moglen'; license-discuss@opensource.org; mark.atw...@hp.com; ka...@gnome.org; r...@gnu.org; nat...@gonzalezmosier.com; mo...@askmonty.org Subject: Re: [License-discuss] Open Source

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

2013-08-20 Thread Lawrence Rosen
...@mercury.ccil.org] Sent: Sunday, August 18, 2013 11:37 AM To: Lawrence Rosen Cc: 'Eben Moglen'; license-discuss@opensource.org; mark.atw...@hp.com; ka...@gnome.org; r...@gnu.org; nat...@gonzalezmosier.com; mo...@askmonty.org Subject: Re: [License-discuss] Open Source Eventually License Development

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

2013-08-20 Thread Lawrence Rosen
and law professors' articles so prolix? /Larry -Original Message- From: John Cowan [mailto:co...@mercury.ccil.org] Sent: Sunday, August 18, 2013 2:05 PM To: Lawrence Rosen Cc: 'Eben Moglen'; license-discuss@opensource.org; mark.atw...@hp.com; ka...@gnome.org; r...@gnu.org; nat

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

2013-08-22 Thread Lawrence Rosen
Pamela Chestek wrote: I'm still having a hard time reconciling this with the also-held belief that license proliferation is bad. Perhaps, but the license proliferation issue is not quite helpful when phrased that way. It isn't that MORE licenses are necessarily bad. Instead, say that the

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

2013-08-24 Thread Lawrence Rosen
Message- From: Bradley M. Kuhn [mailto:bk...@ebb.org] Sent: Friday, August 23, 2013 9:20 AM To: license-discuss@opensource.org Subject: Re: [License-discuss] Open source license chooser choosealicense.com launched. Lawrence Rosen wrote at 16:47 (EDT) on Tuesday: Perhaps, but the license

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

2013-08-27 Thread Lawrence Rosen
: Tuesday, August 27, 2013 9:15 AM To: license-discuss@opensource.org Subject: Re: [License-discuss] Open source license chooser choosealicense.com launched. Larry, Lawrence Rosen wrote at 18:29 (EDT) on Saturday: Just don't try to create *derivative works* by mixing them in that special and unusual

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

2013-08-28 Thread Lawrence Rosen
choosers that ignore legal analysis. If you believe that this or any other list is overflowing, open your drain wider. /Larry -Original Message- From: Luis Villa [mailto:l...@lu.is] Sent: Wednesday, August 28, 2013 8:26 AM To: License Discuss; Lawrence Rosen; Bradley M. Kuhn Subject: Re

Re: [License-discuss] License incompatibility (was Re: Open source license chooser choosealicense.com launched.)

2013-08-28 Thread Lawrence Rosen
-Original Message- From: Bradley M. Kuhn [mailto:bk...@ebb.org] Sent: Wednesday, August 28, 2013 8:00 AM To: license-discuss@opensource.org Subject: [License-discuss] License incompatibility (was Re: Open source license chooser choosealicense.com launched.) Lawrence Rosen wrote at 17

Re: [License-discuss] Red Hat compilation copyright RHEL contract

2013-09-06 Thread Lawrence Rosen
Bradley Kuhn asked: It's odd in that Red Hat is the only entity that I know of to ever claim this sort of licensing explicitly. Are there any other examples? When I think of compilation and arrangement copyright on copylefted software, I'm usually focused on things like the maintainer

Re: [License-discuss] License incompatibility (was Re: Open source license chooser choosealicense.com

2013-09-11 Thread Lawrence Rosen
Jaeger [mailto:jae...@jbb.de] Sent: Tuesday, September 10, 2013 10:25 AM To: license-discuss@opensource.org Cc: Bradley M. Kuhn; Lawrence Rosen Subject: Re: [License-discuss] License incompatibility (was Re: Open source license chooser choosealicense.com Dear list, Bradley and Larry have asked me

Re: [License-discuss] Red Hat compilation copyright RHEL contract

2013-09-11 Thread Lawrence Rosen
proprietary parts) under licenses of their choice. /Larry Lawrence Rosen Rosenlaw Einschlag, a technology law firm (www.rosenlaw.com) 3001 King Ranch Rd., Ukiah, CA 95482 Office: 707-485-1242 Linkedin profile: http://linkd.in/XXpHyu -Original Message- From: Nick Yeates [mailto:nyeat

Re: [License-discuss] License incompatibility (was Re: Open source license chooser choosealicense.com

2013-09-11 Thread Lawrence Rosen
source license chooser choosealicense.com Lawrence Rosen scripsit: Does the distribution of a GPL-licensed work along with those separate works convert them into something not separate in the copyright sense? Does a staple or a paper clip or a book binding convert separate works to something

Re: [License-discuss] License incompatibility (was Re: Open source license chooser choosealicense.com

2013-09-11 Thread Lawrence Rosen
Lawrence Rosen scripsit: I would guess that Bob's adding a bunch of calls to syslog() into Alice's work might create a derivative work of Alice's work, but that wouldn't convert syslog() itself a derivative work owned by either Alice or Bob, even if Bob statically linked it with Alice's

Re: [License-discuss] License incompatibility (was Re: Open source license chooser choosealicense.com

2013-09-12 Thread Lawrence Rosen
- From: John Cowan [mailto:co...@mercury.ccil.org] Sent: Thursday, September 12, 2013 12:27 PM To: lro...@rosenlaw.com; license-discuss@opensource.org Subject: Re: [License-discuss] License incompatibility (was Re: Open source license chooser choosealicense.com Lawrence Rosen scripsit

[License-discuss] PLI Open Source and Free Software 2013 -- SF/web on December 11

2013-11-15 Thread Lawrence Rosen
and Free Software 2013 - December 11, 2013 in San Francisco (and web) 9:00 - 9:10 Introduction to the Program Lawrence Rosen (Rosenlaw Einschlag) 9:10 - 9:30 Setting the Stage: An Introduction to FOSS and Copyright Concepts Jim Jagielski (Apache Software Foundation and Red Hat) 9:30 - 10:15

Re: [License-discuss] Issue on licenses pages

2013-11-26 Thread Lawrence Rosen
fighting over patent provisions and has grown accustomed to OSL/AFL/NOSL 3.0. It has been frustrating to watch people here try to place licenses in broad categories without understanding fully the subtle differences in their legal provisions that can have enormous financial impacts. /Larry Lawrence

Re: [License-discuss] Issue on licenses pages

2013-11-27 Thread Lawrence Rosen
my own history how much of a challenge this is. /Larry Lawrence Rosen Rosenlaw Einschlag, a technology law firm (www.rosenlaw.com) 3001 King Ranch Rd., Ukiah, CA 95482 Office: 707-485-1242 Linkedin profile: http://linkd.in/XXpHyu -Original Message- From: Luis Villa [mailto:l...@lu.is

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: ___ License-discuss mailing list License-discuss@opensource.org

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

2014-04-28 Thread Lawrence Rosen
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

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

2014-04-28 Thread Lawrence Rosen
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

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

2014-04-28 Thread Lawrence Rosen
...@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

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

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

[License-discuss] How licenses treat patents

2014-05-04 Thread Lawrence Rosen
to the patent problem is the one proposed by Richard Stallman and lots of others: Prohibit software patents entirely. But that ain't gonna happen in our lifetimes, so I hope OSI doesn't waste its time traveling down that particular long and winding road. /Larry Lawrence Rosen Rosenlaw

Re: [License-discuss] [Osi] [General enquiries] OS license for seeds (!)

2014-10-20 Thread Lawrence Rosen
on this. /Larry [1] http://www.uspto.gov/patents/resources/types/plant_patents.jsp Lawrence Rosen Rosenlaw Einschlag ( http://www.rosenlaw.com/ www.rosenlaw.com) 3001 King Ranch Rd., Ukiah, CA 95482 Cell: 707-478-8932 LinkedIn: http://lnkd.in/D9CWhD http://lnkd.in/D9CWhD From: Patrick

[License-discuss] Why CAVO Recommends GPLv3

2014-11-14 Thread Lawrence Rosen
/newsletter1.html. Please direct any comments or questions or support to cavocont...@gmail.com mailto:cavocont...@gmail.com . /Larry ** Why CAVO Recommends GPLv3 by Lawrence Rosen There are many ways to distribute software. Valuable software nowadays

Re: [License-discuss] Wikipedia Content

2014-12-01 Thread Lawrence Rosen
Henri, this issue keeps coming up here! On your behalf and on behalf of other curious readers here on this list, I will ask our Creative Commons friends your question: Is the CC-SA license GPL-like? Boldly presaging their answer, I will equivocate: Yes and no. Yes, it requires

Re: [License-discuss] Wikipedia Content

2014-12-01 Thread Lawrence Rosen
Content Lawrence Rosen scripsit: Henri, this issue keeps coming up here! On your behalf and on behalf of other curious readers here on this list, I will ask our Creative Commons friends your question: Is the CC-SA license GPL-like? [snip] Yes, it requires reciprocation by anyone who creates

Re: [License-discuss] 3-clause BSD with additional clause forbidding key disclosure

2015-02-06 Thread Lawrence Rosen
Could you however elaborate on why the additional restriction would not be OSD-compliant? Why are you trying to open source your additional clause forbidding key disclosure? It is hard for me to recognize such private and confidential commercial transactions as open source. Already some

Re: [License-discuss] FAQ entry on CLAs

2015-01-17 Thread Lawrence Rosen
John Cowan wrote: Open source licenses grant things to whomever has the source code; Do you mean grant things to whomever accepts the terms and conditions of the license? /Larry -Original Message- From: John Cowan [mailto:co...@mercury.ccil.org] Sent: Saturday, January 17, 2015

Re: [License-discuss] Reverse Engineering and Open Source Licenses

2015-03-11 Thread Lawrence Rosen
[side issue below] John Cowan wrote: In licensed software, however, there *is* privity of contract. I'm not sure that's true for sublicensed software. That's why I objected to the sublicensing provision in a recently-approved license. Most licenses nowadays fortunately are directly from the

Re: [License-discuss] Reverse Engineering and Open Source Licenses

2015-03-11 Thread Lawrence Rosen
to copyrighted articles! Lawrence Rosen If this were legal advice it would have been accompanied by a bill. -Original Message- From: Pamela Chestek [mailto:pam...@chesteklegal.com] Sent: Wednesday, March 11, 2015 2:34 PM To: license-discuss@opensource.org Subject: Re: [License-discuss] Reverse

Re: [License-discuss] [FTF-Legal] Reverse Engineering and Open Source Licenses

2015-03-06 Thread Lawrence Rosen
Nigel and others, We needn't rely on some DT document to justify our reverse engineering. Here is what EFF says we can do in the United States: https://www.eff.org/issues/coders/reverse-engineering-faq Perhaps we can rely on their well-researched legal analysis for now. Someone complained

Re: [License-discuss] [FTF-Legal] Reverse Engineering and Open Source Licenses

2015-03-06 Thread Lawrence Rosen
:09, Lawrence Rosen lro...@rosenlaw.com mailto:lro...@rosenlaw.com wrote: Nigel and others, We needn't rely on some DT document to justify our reverse engineering. Here is what EFF says we can do in the United States: https://www.eff.org/issues/coders/reverse-engineering-faq Perhaps we can

[License-discuss] Open Source and Open Standards

2015-03-12 Thread Lawrence Rosen
Friends, I presented a few months ago at Santa Clara University about Open Source and Open Standards http://htlj.org/symposium/speakers/lawrence-rosen/ . If you get a free hour sometime, play that presentation. Follow that link and enjoy a legal/software topic. I'm the short chubby guy

Re: [License-discuss] 3rd Party License policy, the board, and the term FREE

2015-05-14 Thread Lawrence Rosen
. /Larry Lawrence Rosen If this were legal advice it would have been accompanied by a bill. ___ License-discuss mailing list License-discuss@opensource.org http://projects.opensource.org/cgi-bin/mailman/listinfo/license-discuss

Re: [License-discuss] Strong and weak copyleft

2015-04-09 Thread Lawrence Rosen
Maybe we can summarize so far: ULTRA-STRONG(AGPL) STRONG (GPL) MORE THAN WEAK (LGPL) ALMOST WEAK (EPL) WEAK(MPL) VERY WEAK (APACHE) ULTRA-WEAK (CC0) This rather simple scale is not reflected in copyright law or any

[License-discuss] Strong and weak copyleft

2015-04-07 Thread Lawrence Rosen
Patrice-Emmanuel Schmitz referred me to this thought-provoking link: https://joinup.ec.europa.eu/community/eupl/news/meaning-%E2%80%9Ccopyleft%E2 %80%9D-eupl Can anyone here precisely identify the language in the GPL licenses that makes it strong rather than weak copyleft? And can anyone

Re: [License-discuss] Shortest copyleft licence

2015-04-01 Thread Lawrence Rosen
not much of an issue recently in many jurisdictions. :-) As a self-employed lawyer, I'm glad that not every programmer has the need to become a lawyer also. /Larry Lawrence Rosen If this were legal advice it would have been accompanied by a bill. Rosenlaw Einschlag (www.rosenlaw.com

Re: [License-discuss] Proposal: Apache Third Party License Policy

2015-05-20 Thread Lawrence Rosen
copyright law. I will lend my horses to others to ride into the sunset if (PLEASE!) attorneys say something supportive. /Larry -Original Message- From: Ralph Goers [mailto:ralph.go...@dslextreme.com] Sent: Wednesday, May 20, 2015 1:18 PM To: Legal Discuss; Lawrence Rosen Subject: Re: Proposal

[License-discuss] Note from another list by OSI's Patrick Masson

2015-05-20 Thread Lawrence Rosen
FYI. /Larry By Patrick Masson mas...@opensource.org mailto:mas...@opensource.org . Here is some general information in our FAQ: http://opensource.org/faq#approved-licenses-only Interestingly, as this appears to be increasing (i.e. governments/agencies looking to adopt open

Re: [License-discuss] Is what's made with Open Source, Open Source?

2015-06-12 Thread Lawrence Rosen
Gareth, it all depends on what is a work based on the Program. See GPLv2 §0, part of which is copied below. Opinions on that definition differ. Activities other than copying, distribution and modification are not covered by this License; they are outside its scope. The act of running the

Re: [License-discuss] Proposal: Apache Third Party License Policy

2015-05-29 Thread Lawrence Rosen
with other FOSS software. The above is a relevant open source question to all of our customers. Thanks for your thoughts. /Larry From: Simon Phipps [mailto:webm...@opensource.org] Sent: Friday, May 29, 2015 4:51 AM To: Lawrence Rosen; license-discuss@opensource.org Subject: Re: [License

Re: [License-discuss] Proposal: Apache Third Party License Policy

2015-05-27 Thread Lawrence Rosen
Nigel, your answer echoes many others: If I have to start checking every Apache package for GPL code I'll have to strongly recommend that we approach all Apache packages with caution. If we amended the proposal to leave out the GPL licenses, would that calm your concerns? I'd

Re: [License-discuss] [CAVO] SF - LAFCO open source voting draft

2015-05-26 Thread Lawrence Rosen
/528d46a2e4b059766439fa8b/t/53558db1e4b 0191d0dc6912c/1398115761233/OPL_FAQ_Apr14.pdf. Should OSI say more than not approved? /Larry -Original Message- From: Allison Randal [mailto:alli...@opensource.org] Sent: Tuesday, May 26, 2015 3:44 PM To: license-discuss@opensource.org; Lawrence Rosen Cc: CAVO Subject

[License-discuss] Disclosure of patents by Apache projects

2015-05-24 Thread Lawrence Rosen
[cross-posted to legal-discuss@apache and license-discuss@opensource] [The below is my response to someone else's email on another list. It is rather legal/technical, but some of you may now understand why I'm not as afraid of patents as I used to be. I'd like to calm some of you down also and

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