In message <[EMAIL PROTECTED]> on Sat, 15 Apr 2006 12:44:33 -0700, "Ted 
Mittelstaedt" <[EMAIL PROTECTED]> said:

tedm> If the OpenSSL authors (you included) wanted to change the
tedm> license you all would have done so, it's not like you don't have
tedm> write access to the source and cannot change it.  You could
tedm> change it right now if you want.  So don't pretend that the
tedm> OpenSSL authors don't want the advert clause.  If you all
tedm> didn't, you would have changed it.

And here, you pretend to know everything that's going on behind the
scene.  We (well, the OpenSSL core team, which is our legal body of
sorts) have approached Eric on this subject, more than once.

It is true that we could change the OpenSSL license, and by that, I
mean the OpenSSL portion of the dual license found in the LICENSE
file.  However, the SSLeay portion would still stay the same, so the
net effect of removing the advert clause from the OpenSSL portion
would be to ask everyone to give Eric Young and sometimes Tim Hudson
the credit for the work that is done on OpenSSL.  I suspect that very
few that have contributed would be OK with that.

Therefore, removal of the advert clause from the OpenSSL license is
only realistic if the advert clause in the SSLeay license is removed
first.  And we can't remove the advert clause from the SSLeay license
without Eric's and Tim's consent, that would only lead to deep legal
trouble.

tedm> >Speaking only for myself, I would say that anyone has the right
tedm> >to criticize!  That's part of freedom of speach, and one that
tedm> >is actually exercised every day in form of bug reports!
tedm> 
tedm> Bug reports are not criticism.  This is pure political
tedm> correctness bullcrap.

I disagree, obviously.  But hey, that's just my opinion!

tedm> A bug report is simply an observation of a FACT - which is a
tedm> defect exists.  FACTS are not criticisms.

Ah, yeah, the strict interpretation of "bug report".  I got mixed up,
partly because we use the same tool for feature requests, wishes and
so on.

tedm> specifically the statement:
tedm> 
tedm> "...part because the verb criticize, once neutral between praise
tedm> and censure, is now mainly used in a negative sense..."

Well, we all choose our own interpretation, don't we?

tedm> >If we weren't open to critique, how the hell would we develop
tedm> >to anything but pickers of our own navel fuzz?
tedm> >
tedm> 
tedm> This is a very clever statement since "critique" and "criticize"
tedm> are regarded as having different meanings by most people.

Actually, that was a linguistic mixup.  I'm Swedish/French.  I should
have said "criticism".

tedm> I was using the common meaning of the word, the negative sense,
tedm> whihc I am sure you were aware of, and you are flip-flopping
tedm> between the negative and the neutral sense of the word.

You're right, I am using it in the neutral sense.  But flip-flopping?
Unless I misunderstand that term, it would mean that I would change my
interpretation of critizism, right?  I can't see that I've done so.

[... about the Berne Convnetion, Article 6bis ...]
tedm> In any case I think this section is rather dangerous since all
tedm> satire can be construed as damaging the authors reputation, even
tedm> when the point is to make a joke about it.  You talk about
tedm> stifling speech and criticisms, well this section is pretty much
tedm> guarenteeing that.

And that might be why copyright law usually includes explicit sections
about fair use and satire.

tedm> >They do.  If you read their own pages on it, they have a list
tedm> >of them, and will say for each of them if it is compatible with
tedm> >the GPL or not.
tedm> 
tedm> That isn't being accepting of other licenses.  And by compatible
tedm> they only mean "legal to replace their license with our own"
tedm> they don't mean "a good and reasonable license that follows the
tedm> idea of open source.

Don't be ridiculous, noone can replace someone else's license without
their explicit consent!

Cheers,
Richard

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-- 
Richard Levitte                         [EMAIL PROTECTED]
                                        http://richard.levitte.org/

"When I became a man I put away childish things, including
 the fear of childishness and the desire to be very grown up."
                                                -- C.S. Lewis
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