I'm taking the liberty of breaking it into four threads for the four topics, to make it easier (I hope) to keep the comments on each topic together.
Pam On 6/28/19 11:40 PM, Bruce Perens via License-discuss wrote: > I have brought this discussion to license-discuss, as requested by Pam. > / > / > /The mechanism of “public performance”: The health of an open source > software project relies on a predictable and consistent understanding > of what the license permits and what it requires for compliance. > However, this license uses a term specific to US law, which is “public > performance.”/ > > There are a few issues here. > > 1. The license is being held to a standard for universal applicability > of terms of art that I am not aware has been applied to Open Source > licenses before. That said, license quality is important, and this may > simply reflect the fact that more trained attorneys are participating > in license-review. But where are globally-accepted terms defined? > Shall OSI at least informally adopt a particular dictionary of Legal > English? Will the objection to local terms of art > influence license drafters to avoid terms of art in general, and would > that detrimental? > > 2. In the Affero family of licenses, the drafters went to some lengths > to synthesize a public performance right, I think in the belief that > no such thing applied to software in at least one administration. At > the time I thought that administration was the USA. I heard, during > consideration of this license, continuing disagreement among attorneys > regarding whether a protected public performance right exists for > software today in US law. Larry Rosen can give you a lecture on his > use of "External Deployment" in OSL. > > 3. I don't personally find it objectionable for license terms > requiring source code distribution to trigger upon public performance. > It seems reasonable in the age of SaaS, and licenses with some form of > this right have been previously accepted by OSI. > >
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