Thanks all for your input -

I'm finding it quite challenging to follow the conversations and determine who 
is responding to whom. Is there any way for me to access the forum board 
directly, or am I limited to reading the discussions through email 
notifications only?

Respectfully,
 
Daniel Mihai
Founder and CTO
 


Mobile: +353 (0) 87 450 8112
E-mail: dan...@anuinitiative.org
Web-site: https://anuinitiative.org


Let’s take the initiative!


 

-----Original Message-----
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Of license-discuss-requ...@lists.opensource.org
Sent: Thursday, February 8, 2024 12:00 PM
To: license-discuss@lists.opensource.org
Subject: License-discuss Digest, Vol 133, Issue 12

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Contents of License-discuss digest..."


Today's Topics:

   1. Re: License Review Request - Anu Initiative (Bruce Perens)
   2. Re: documentation on un-enforceability of ethical licenses?
      (was Re: License Review Request - Anu Initiative (Bruce Perens)
   3. Re: License-discuss Digest, Vol 133, Issue 3 (Tom Callaway)


----------------------------------------------------------------------

Message: 1
Date: Tue, 6 Feb 2024 20:09:29 +0000
From: Bruce Perens <br...@perens.com>
To: license-discuss@lists.opensource.org
Subject: Re: [License-discuss] License Review Request - Anu Initiative
Message-ID:
        <CAK2MWOuxZ3yGdj=YXM+Sbj_X7szBqjaYcuvksmzjy=kg8xp...@mail.gmail.com>
Content-Type: text/plain; charset="utf-8"

I apologize for the worse phrasing than necessary. It did not further the 
discussion.

I'm not mistaken, everyone knew that the Vaccine license was from me before the 
vote. I accepted the penalty. The penalty process should have ended at that 
point. That two people pursue it today seems strange to me.

I have not returned to license-review since then, nor do I plan to. This is 
simply from my belief in the diminished value of the process, unless it is 
dealing with legislation or case law as Brian mentioned. And of course that is 
rare so far.

If it is the OSI's sentiment that every  submission must go through the process 
and be treated as honorably as any other, and that I should not warn people in 
this forum about the way they can actually hurt developers with a poorly 
constructed license, I will no longer do so. It's your party.
I can talk about such things elsewhere.

Thanks

Bruce








On Tue, Feb 6, 2024, 18:45 Josh Berkus <j...@berkus.org> wrote:

> On 2/6/24 02:01, Bruce Perens via License-discuss wrote:
> > I agree with Brian. Of late OSI has made progress in having other 
> > things that make them meaningful than the approval process. Dealing 
> > with legislation and case law is important. pleasing the legal 
> > neophyte who thinks they've invented better licensing is not.
>
> There is absolutely no reason to be gratuitously rude.
>
> Daniel, please be aware that Bruce does not speak for the OSI Board or 
> any body of the OSI.
>
> --
> Josh Berkus
>
>
> _______________________________________________
> The opinions expressed in this email are those of the sender and not 
> necessarily those of the Open Source Initiative. Official statements 
> by the Open Source Initiative will be sent from an opensource.org email 
> address.
>
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Message: 2
Date: Wed, 7 Feb 2024 05:34:26 +0000
From: Bruce Perens <br...@perens.com>
To: license-discuss@lists.opensource.org
Cc: Stefano Maffulli <stef...@opensource.org>, Roland Turner
        <rol...@rolandturner.com>,  Daniel Mihai <dan...@anuinitiative.org>
Subject: Re: [License-discuss] documentation on un-enforceability of
        ethical licenses? (was Re: License Review Request - Anu Initiative
Message-ID:
        <cak2mwos8ldge1ia5_9bj5ncvofgqavmhyyh06+evrbhjfk9...@mail.gmail.com>
Content-Type: text/plain; charset="utf-8"

This is really very simple. Nations are sovereign powers. You can read up on 
what a sovereign power is. They have to agree to be sued. To make a license 
that would stop Putin from bombing Ukraine would require the existence of a god 
who enforced licenses.

Within a nation you can to some degree enforce rules against munitions 
contractors. This will end up in something I'm working on, to the joy of the 
ethical crowd, but not for the reason they would want it.

Both ITAR and EAR have carve outs for open source due to lawsuits. The carve 
outs specifically mention information in the public domain. This is not public 
domain in the copyright sense, but the opposite of trade secret.
So technically we can share anything we want with North Korea. And that makes 
Open Source possible for anything that is on the munitions list in ITAR 121, 
because how could we keep North Korea from downloading? These "munitions" 
include ultra low bandwith digital voice CODECs and satellite ground stations, 
both Open Source projects I'm involved with in the amateur radio community.

The problem comes up when some military contractor pops up on the mailing list 
of an Open Source project. If you answer them, you might be rendering defense 
services, and suddenly your project is subject to ITAR and EAR.

The best way to protect from that is simply to rule that use out in the 
license. Which would obviously not meet the OSD.





On Tue, Feb 6, 2024, 22:41 Roland Turner via License-discuss < 
license-discuss@lists.opensource.org> wrote:

> On 6/2/24 23:39, Stefano Maffulli wrote:
>
> Question for the wider group: Can you point me to a document (legal or
> otherwise) that argues the unenforceability of ethical clauses, like 
> these ones?
>
> Not on unenforceability but on harm to F/OSS communities, I spoke on 
> The critical importance of use-neutrality in F/OSS licensing 
> <https://rolandturner.com/sots/> at SOTS 2020
>
>
> - Roland
>
>
> _______________________________________________
> The opinions expressed in this email are those of the sender and not 
> necessarily those of the Open Source Initiative. Official statements 
> by the Open Source Initiative will be sent from an opensource.org email 
> address.
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Message: 3
Date: Tue, 6 Feb 2024 19:28:47 +0000
From: Tom Callaway <spo...@gmail.com>
To: license-discuss@lists.opensource.org
Cc: dan...@anuinitiative.org
Subject: Re: [License-discuss] License-discuss Digest, Vol 133, Issue
        3
Message-ID:
        <cacp8zrlyfsoonud+tgnrgp_ci6uydq7_8afk5lyvyikhbxp...@mail.gmail.com>
Content-Type: text/plain; charset="utf-8"

I think it is worth noting that your license may not hold up to scrutiny should 
you attempt to enforce it.

If you choose to put this into use, you would be well served to have it 
rewritten by a lawyer with experience in copyright licensing.

~spot

On Tue, Feb 6, 2024, 6:43?PM Josh Berkus <j...@berkus.org> wrote:

> On 2/5/24 08:38, Daniel Mihai wrote:
> > AI-OAL Section 4
> > 4. Environmental Responsibility Clause You must use The Product in a 
> > way that positively contributes to environmental conservation and 
> > sustainability.
> > You shall not use The Product in any way that significantly harms 
> > the environment, as determined at the discretion of the Organization.
> >
> > We are happy to remove the restriction of use for positive 
> > ecological conservation and sustainability, yet we are not happy to 
> > allow usage of the product for means that significantly harms the 
> > environment - as this
> >   would go against our companies values/mission/vision.
> >
> > Can you please let us know how best we can amend Section 4 in a way that
> >   is compliant with ODS 6?
>
> There is no method or wording which allows you to reconcile these two 
> incompatible goals.
>
> OSD6 exists because it's not possible for software to be open source 
> while restricting what industries or purposes it's used in.  A lot of 
> us would love to see a workable legal framework for ethical open 
> source licenses, but there simply isn't one.  And folks have been 
> trying for quite some time.
>
> That's not to say that you can't use this license.  You can, and you 
> should, given your company's mission.  It just won't be open source.
>
> --
> Josh Berkus
>
>
> _______________________________________________
> The opinions expressed in this email are those of the sender and not 
> necessarily those of the Open Source Initiative. Official statements 
> by the Open Source Initiative will be sent from an opensource.org email 
> address.
>
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>
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