Licenses clearly intended to prevent combination with any 
commercial/proprietary work is clearly not open source.

Licenses clearly intended to prevent commercial/proprietary derivatives can be 
open source.

If an API isn’t a bright line for defining open source then your definition is 
incorrect because that’s just use of a literal copy which any open source 
license should allow for.  It’s freedom 0.

Using a developer provided API shouldn’t create any triggerable “intimacy” and 
any definition/criteria that implies such is clear overreach and should NOT be 
part any open source criteria.

Speaking for myself,

Nigel

From: Bruce Perens <br...@perens.com<mailto:br...@perens.com>>
Date: Tuesday, Jan 22, 2019, 11:18 PM
To: Lawrence Rosen <lro...@rosenlaw.com<mailto:lro...@rosenlaw.com>>
Cc: license-discuss@lists.opensource.org 
<license-discuss@lists.opensource.org<mailto:license-discuss@lists.opensource.org>>
Subject: Re: [License-discuss] Intimacy in open source (SSPL and AGPL)



On Tue, Jan 22, 2019 at 8:02 PM Lawrence Rosen 
<lro...@rosenlaw.com<mailto:lro...@rosenlaw.com>> wrote:
What particular architectural design do you recommend? I want an architecture 
that always permits a programmer to implement her own software in accordance 
with a published API, under any FOSS or proprietary license she chooses, and 
thereby let her software become intimate with some other open source software.

No FOSS license that prohibits that is truly open source!
<http://lists.opensource.org/mailman/listinfo/license-discuss_lists.opensource.org>
Oh, come on, Larry. If you want to write software and combine it with software 
under a license that is clearly intended to prevent combination with 
proprietary software, you are entirely free to use their API under a license 
compatible with their chosen one and release it as their terms require. There 
is nothing about Open Source that says they have to give a free ride to anyone, 
no less deep-pocket companies that are extremely jealous of their own 
intellectual property rights.

If you want to make a product, I will discuss with you how to resolve the issue 
for the particular problem you have, which mostly means you won't be creating a 
derivative work of any kind, but will be architecting a bright line between the 
free and proprietary pieces that would be extremely clear to any court.

    Thanks

    Bruce
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