On 3/15/2020 8:19 PM, Coraline Ada Ehmke wrote: > >> On Mar 15, 2020, at 7:07 PM, Russell Nelson <nel...@crynwr.com >> <mailto:nel...@crynwr.com>> wrote: >> >> Ethical software is by definition not open source. > > Can you point to any specific points in the definition of Ethical Open > Source that conflicts with the OSD? (I’m not talking about ELOS.) > > https://ethicalsource.dev/definition/ > > The ESD is orthogonal in many respects. It talks about aspects that are exterior to the software, e.g., having a Code of Conduct, deleting user data on request, and requesting voluntary payment. The OSD describes attributes of the software itself.
As to those aspects of the ESD that are about the attributes of software, whether a license will comply with both is going to depend on what the actual license itself says. As an example, a license could still comply with ESD 7 by not asking for royalty payments (since ESD 7 is voluntary) and it would also meet the OSD 1, but if a license did ask for royalty payments then it would not meet OSD 1. So it's not possible to generalize and say that in all cases a license will necessarily meet both standards or that one standard is a superset of the other. Are ESD 4 and 5 internally inconsistent with ESD 1? It depends on what you mean by "not prohibit[ng] modification [and] derivative works ..." ESD 4 and 5 do prohibit certain kinds of modifications, i.e., those that would impair accessibility or not prioritize user safety. I would say these kinds of limitation is not "in the general spirit" of open source distribution but it would be a case-by-case evaluation based on how that limitation was included in the license. If a license was submitted that said something like "you must include text-to-speech functionality in you modifications," I would say that limitations would be a violation of OSD 3 as historically interpreted. If you said "you may not modify this software to limit a visually impaired user's access," that would be a violation of OSD 5 because it discriminates based on visual acuity. Pam Pamela S. Chestek Chestek Legal PO Box 2492 Raleigh, NC 27602 919-800-8033 pam...@chesteklegal.com www.chesteklegal.com
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