On Wed, Mar 18, 2020 at 11:39 AM Russell Nelson <nel...@crynwr.com> wrote:
> there is no common ground between Ethical Software (If I don't like you, > you can't use my software) and Open Source (even if I don't like you, you > can use my software). > Distinguo. There is *no* inconsistency that I can see between the OSD, which puts constraints on _licenses_ (except for OSD #2 which mandates source availability) and the ESD, which I now consider point by point: ESD #1 is the same as OSD #3. ESD #2 and #3 constrain the behavior of the developer community, which is not something regulated by the OSD. ESD #4-#6 are constraints on what the software does; again, irrelevant to the OSD. ESD #7 is just permission to ask for compensation, which is something the OSD doesn't regulate (OSD #1 prohibits *demanding* compensation) and which anyone can do anyway. So it is perfectly possible for software, its license, and its developers to comply with both the ESD and the OSD. HOWEVER, AND VERY IMPORTANT: *None* of the three licenses given as examples of open-source licenses that meet the ESD are Open Source licenses, as they flatly contravene OSD #1, and the ESD's footnote concedes as much, except that it says "may or may not" rather than "does not". Of course, the term "Open Source" is not legally restricted, and anyone can use it for any license or software without legal consequences. If the common understanding of "Open Source" has changed to include licenses that do not meet OSD #1, the burden of persuasion is on the claimant, and that burden has not been met. Note that I am fully supportive of the position that there may be and are Open Source licenses, in the sense of meeting the OSD's terms, that are not OSI Certified (TM). John Cowan http://vrici.lojban.org/~cowan co...@ccil.org Uneasy lies the head that wears the Editor's hat! --Eddie Foirbeis Climo
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