If my understanding of this issue is correct, then it seems pretty clear
cut that this is a restriction that can't be part of an open source license.
Open source licenses (again, according to my understanding -- folks with
many years experience at OSI should correct me if I'm wrong) should
apply only to the software being licensed, and the data collected by or
stored within a software application is clearly not part of the software
itself.
By including anything, be it data collected by applications or other
software used to deliver the application, could open a door that would
eventually make open source software irrelevant.
While the advent of cloud and uses such as Software as a Service have
opened new avenues for skirting software freedom, I don't think that
software licensing is the proper way to deal with these issues,
especially given the provision in the OSD that license must be
technology-neutral.
Christine Hall
Board - Open Source Initiative
On 6/29/19 9:08 AM, Pamela Chestek wrote:
On 6/28/19 11:40 PM, Bruce Perens via License-discuss wrote:
3. _A license that requires data portability_.
Section 2.3(b) obliges the user of a software to “provide to any
third party with which you have an enforceable legal agreement, a
no-charge copy … of the User Data in your possession in which that
third party has a Lawful Interest ….” The license submitter
confirmed in this sequence of emails that the intent of this
provision is to expand the scope of software freedom:
http://lists.opensource.org/pipermail/license-review_lists.opensource.org/2019-May/004123.html
<http://lists.opensource.org/pipermail/license-review_lists.opensource.org/2019-May/004123.html>
http://lists.opensource.org/pipermail/license-review_lists.opensource.org/2019-May/004124.html
<http://lists.opensource.org/pipermail/license-review_lists.opensource.org/2019-May/004124.html>
http://lists.opensource.org/pipermail/license-review_lists.opensource.org/2019-May/004126.html
<http://lists.opensource.org/pipermail/license-review_lists.opensource.org/2019-May/004126.html>
The members of the License Review Committee do not agree whether
this is appropriate for an open source license. It therefore
requires extensive additional public discussion before the OSI
will be able to reach a conclusion on this point.
It's my opinion that this is out of scope for an Open Source license.
My argument is on the record above and I'm glad to elaborate. I think
Arthur (Van's customer) could explain what he wants to do with this
and why he thinks it's important. But even if I end up approving of
the sentiment, so far I think it would remain out of scope for an OSI
approved Open Source license. Of course, you don't need OSI's approval
to use any license you wish.
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