Bruce Perens wrote:

> The fact is, you can do essentially all Open Source with three licenses, and 
> two of them are very short. They are all compatible with each other, they all 
> allow a passive user to do what they want without having a lawyer, and they 
> are all protective of the developer community and have explicit patent terms. 
> Encouraging the community to use a single strategic licensing plan would be 
> better for everyone. But OSI has never seen fit to be that strategic and 
> actively guide the community. If anything is to make OSI irrelevant, that 
> will be it.

 

Bruce, I DO respect you. Indeed, I have encouraged your participation in 
various ways in the open source community, from the very first time I met you 
at the first OSCON in the early days of OSI all the way to the present. But 
when you assert that "three licenses" are enough for open source, then you are 
being uninformed, ill-trained, and destructive. 

 

> I am an un-degreed communication arts major who has taken neither computer 
> science nor law courses.

 

This has become obvious. Neither will I allow you to practice medicine, despite 
your eagerness to make everyone well. Please admit that those of us who are 
trained, who are both computer scientists and lawyers, who have (like you) been 
generous and constructive to the open source community, disagree with you VERY 
strongly on this point.

 

Yes, OSI must do more to educate the public, but your remarks make our 
community stupid.

 

By the way, I have held this position publicly for many years. None of this is 
ad hominem; none is directed to you as an individual, but only as to your 
repetitive and dangerous ideas. Please give the rest of us some credit for 
knowing a bit about what we speak and for having well-thought goals for open 
source. That doesn't necessarily make us right, but your "assertiveness, 
technical competence, and being a decent communicator" certainly doesn't make 
you right either.

 

I'm trying not to write too much to these lists because there is too much 
chatter here already, and almost everyone already knows what I believe. But you 
force me to speak out because you frustrate me. I would much rather give VERY 
competent lawyers and computer specialists like Pam Chestek and Richard Fontana 
and McCoy Smith and Luis Villa and Kyle Mitchell and Van Lindberg and Scott 
Peterson and others an opportunity to transform OSI in ways that I wasn't able 
to in the period when I was its general counsel and executive director. There 
are younger and smarter people here now. Let them work!

 

> I have spared the group my entire lecture....

 

Thank you for that.

 

/Larry

 

 

From: License-review <license-review-boun...@lists.opensource.org> On Behalf Of 
Bruce Perens via License-review
Sent: Sunday, May 26, 2019 4:45 PM
To: Tzeng, Nigel H. <nigel.tz...@jhuapl.edu>
Cc: Bruce Perens <br...@perens.com>; License submissions for OSI review 
<license-rev...@lists.opensource.org>; license-discuss@lists.opensource.org
Subject: Re: [License-review] Evolving the License Review process for OSI

 

 

 

On Sun, May 26, 2019 at 11:31 AM Tzeng, Nigel H. <nigel.tz...@jhuapl.edu 
<mailto:nigel.tz...@jhuapl.edu> > wrote:

That said, I don’t believe that stating my perception that you two dominate the 
list is ad-hom.

 

Perhaps not, but I am really at a loss regarding what to do with "you dominate 
the group". I am an assertive person who has domain expertise. Being assertive 
and having domain expertise should not be any sort of offense. I may have some 
additional credibility due to history, but I am an un-degreed communication 
arts major who has taken neither computer science nor law courses and I am 
innumerate by the standards of this crowd. That I got into Pixar, and became 
Debian project leader, and co-founded OSI, and all of the other stuff is due to 
some combination of assertiveness, technical competence, and being a decent 
communicator. It is not anything anyone else here could not have done.

 

My issue and frustration has been the lack of acceptance that GOSS has its own 
needs and that special purpose licenses are a category where these needs can be 
safely met without necessarily setting precedence for other open source domains.

 

So, I'm frustrated over government Open Source too. I went out to NASA Goddard 
and spoke with the researchers, and they are certainly not calling for the odd 
licenses, they choose the most accepted ones when allowed to do so. We own this 
government, and the work done is with our taxes. We should have the maximal 
utility available from the code. I find it difficult to understand how that 
justifies things like a government attorney finding new ways to contractually 
restrict the public domain. There is certainly no national security issue 
involved.

 

Corporations have lawyers who want things their way, too. They have for the 
most part been more cooperative in coming to reasonable terms than the 
government we own.

 

The call for de-listing existing licenses also makes me very uncomfortable as 
most likely the special purpose licenses are the ones that will get targeted.

 

This is all about OSI doing something they have so far resisted, which is 
encouraging people to use some licenses and not others. We have no force 
stronger than marking a license "legacy" at present.

 

The fact is, you can do essentially all Open Source with three licenses, and 
two of them are very short. They are all compatible with each other, they all 
allow a passive user to do what they want without having a lawyer, and they are 
all protective of the developer community and have explicit patent terms. 
Encouraging the community to use a single strategic licensing plan would be 
better for everyone. But OSI has never seen fit to be that strategic and 
actively guide the community. If anything is to make OSI irrelevant, that will 
be it.

 

It is true that I am much more pro-developer vs pro-user in as much as I lean 
toward permissive licenses providing more developer freedom and less interested 
in further extending the bounds of copyleft which curtails developer freedom.

 

I have spared the group my entire lecture on why I stopped working on Open 
Hardware licenses because they extend copyright in ways that would ultimately 
harm us. I sympathize with you and Russell Ormond and any number of other folks 
on this issue and will continue to lead upon it.

 

    Thanks

 

    Bruce

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