[In response to Kevin, I have changed the subject.]

 

I appreciate learning John Cowan's opinion about the "commons" that is/are 
created by open source licenses, but I wish to differ from his conclusions.

 

Almost all copyleft licenses are compatible with each other for aggregations 
("collective works") because of OSD #1 ("the license shall not restrict any 
party from selling or giving away the software as a component of an aggregate 
software distribution containing programs from several different sources"). But 
none of them are compatible with each other for joint "derivative works" 
without dual licensing. Fortunately, such joint derivative works are 
exceedingly rare in practical computer programming. 

 

This entirely compatible commons includes software under the MPL, Eclipse PL, 
LGPL, and OSL 3.0 licenses. For those licenses, there is only one commons. This 
is true even if you link the programs statically or dynamically, use class 
inheritance, or even (if the Supreme Court agrees) copy header files and 
standard software APIs from one licensed copyleft program to another.  

 

The only exceptions are the GPL/AGPL licenses. These create separate commons 
that are incompatible with other licenses ONLY because the licenses are 
interpreted by FSF to include static linking and other forms of independent 
program interaction as a form of derivative work rather than of simple 
aggregation. This is an FSF license interpretation problem, not an actual 
problem based on copyright law. FSF is entitled to interpret their own 
licenses, but not to foist those interpretations on other licenses. They can 
choose to reject the one open source commons software for their own licenses 
but not for others.

 

Despite what John says, you can aggregate the one open source commons created 
by MOST copyleft (and permissive) licenses to your heart's content without 
fear. Bravo for open source!

 

Best, /Larry

 

 

From: John Cowan <co...@ccil.org> 
Sent: Friday, May 31, 2019 8:27 AM
To: license-discuss@lists.opensource.org
Cc: Lawrence Rosen <lro...@rosenlaw.com>; mas...@opensource.org
Subject: Re: [License-discuss] License licenses

 

 

 

On Fri, May 31, 2019 at 1:11 AM James <purplei...@gmail.com 
<mailto:purplei...@gmail.com> > wrote:

 

FWIW, I only consider about five different licenses for new projects.
Not because they're necessarily better than OSL (I never investigated
that deeply) but because I am against license proliferation, and the
existing five are good enough. 

 

I have a more specific reason for disliking the OSL.  The GPL creates a 
separate commons from

all the permissive open source licenses together because any programs with GPL 
components

must (according to common understanding) be released under the GPL.  In fact 
there are

two such commons, one for GPL-2-only and the other for GPL-2-upgradeable plus 
GPL-3.

 

The OSL also creates its own commons, one that is never going to catch up in 
size and richness

with the GPL's.  Furthermore, there is a separate commons for the Non-Profit 
OSL, and apparently

for each version of both.  Therefore I would always discourage people from 
using it despite its impeccable

FLOSS Buddha-nature.  This does *not* apply to the AFL.

 

But if 1(c) in both the OSL and the NPOSLwere modified in a new version 4 from:

 

with the proviso that copies of Original Work or Derivative Works that You 
distribute or communicate shall be licensed under this Open Software License

 

to:

 

with the proviso that copies of Original Work shall be licensed under this Open 
Software License, and Derivative Works that You distribute or communicate shall 
be licensed either any version of this Open Software License or of the 
Non-Profit Open Software
License or in the alternative under any version of the GNU General Public 
License

 

(or words to that effect), I would withdraw my objection.

 

This can already be achieved on a case-by-case basis by multiple-licensing 
language like "licensed under the

OSL version 3.0 or, at the user's option, under any later version of the OSL, 
under the GNU GPL version 2, or

any later version of the GNU GPL", but most people aren't going to bother with 
that.  I'd like it to be an

inherent part of the OSL.

 

 

John Cowan          http://vrici.lojban.org/~cowan        co...@ccil.org 
<mailto:co...@ccil.org> 
Normally I can handle panic attacks on my own; but panic is, at the moment,
a way of life.                 --Joseph Zitt

 

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