Re: [License-discuss] For Public Comment: The Libre Source License

2019-08-13 Thread Bruce Perens via License-discuss
On Tue, Aug 13, 2019 at 7:34 PM Russell McOrmond wrote: > Is it the act of me typing the software into my computer that offends you? > Obviously, the act which would offend many reasonable software developers who place reciprocal terms upon their works is not your typing. It is your creation of

Re: [License-discuss] For Discussion: Cryptographic Autonomy License (CAL) Beta 2

2019-08-13 Thread Bruce Perens via License-discuss
On Tue, Aug 13, 2019 at 8:15 PM Russell McOrmond wrote: > I am left puzzled how the Affero clauses, which also target SaaS (or what > RMS likes to call Service as a Software Substitute - SaaSS), passed the > OSD #6 test? > I wasn't around when this license was argued, so other folks can represen

Re: [License-discuss] For Discussion: Cryptographic Autonomy License (CAL) Beta 2

2019-08-13 Thread Russell McOrmond
On Tue, Aug 13, 2019 at 5:31 PM Bruce Perens via License-discuss wrote: > Those are examples. They don't restrict "field of endeavor" to exclude all > of the very many decisions necessary to carry out your business. It's > really obvious that SaaS providers have lock-in strategies as a major part

Re: [License-discuss] For Public Comment: The Libre Source License

2019-08-13 Thread Russell McOrmond
On Fri, Aug 9, 2019 at 8:45 AM Moritz Maxeiner wrote: > On Friday, 9 August 2019 05:36:26 CEST Russell McOrmond wrote: > > Curious: Since I have the capability to write software, but I decide not > to > > write some specific software, does that constitute a restriction on the > > source code of t

Re: [License-discuss] For Discussion: Cryptographic Autonomy License (CAL) Beta 2

2019-08-13 Thread Bruce Perens via License-discuss
On Tue, Aug 13, 2019 at 3:32 PM VanL wrote: > > There is not a 1:1 correspondence between a tactic and a field of endeavor. > I submit that a field of endeavor incorporates all visible details of the operation of a business. Does that mean there is a 1:1 correspondence between tactics and fields

Re: [License-discuss] For Discussion: Cryptographic Autonomy License (CAL) Beta 2

2019-08-13 Thread VanL
There is not a 1:1 correspondence between a tactic and a field of endeavor. Otherwise, there is no rule - as you describe: > We have the restrictions that achieve the purpose of Open Source, as > stated by the definition, and we have *all other restrictions.* The OSD > specifically says that dist

Re: [License-discuss] For Discussion: Cryptographic Autonomy License (CAL) Beta 2

2019-08-13 Thread Bruce Perens via License-discuss
On Tue, Aug 13, 2019 at 12:50 PM VanL wrote: > This is a completely fair point, and I apologize for the tone. > Well spoken, and accepted of course! > The CAL does require that a licensee make available the user's data to the > user, but it does not impose restrictions on how the data is used,

Re: [License-discuss] For Discussion: Cryptographic Autonomy License (CAL) Beta 2

2019-08-13 Thread VanL
Hi Bruce, On Tue, Aug 13, 2019 at 2:09 PM Bruce Perens wrote: > > In a discussion like this, you can expect people to disagree, and to *continue > *to disagree. It seems to me that if we are all going get along, the > appropriate response to such disagreement is *not *to take a strident > tone a

Re: [License-discuss] For Discussion: Cryptographic Autonomy License (CAL) Beta 2

2019-08-13 Thread Bruce Perens via License-discuss
On Tue, Aug 13, 2019 at 11:46 AM VanL wrote: > > This is incorrect. I have corrected you on this point repeatedly, but you > continue to make this unsupported argument. > Van, In a discussion like this, you can expect people to disagree, and to *continue *to disagree. It seems to me that if we

Re: [License-discuss] For Discussion: Cryptographic Autonomy License (CAL) Beta 2

2019-08-13 Thread VanL
Hi Bruce, On Tue, Aug 13, 2019 at 11:05 AM Bruce Perens via License-discuss < license-discuss@lists.opensource.org> wrote: > It looks like this is the main reason for objection: > > *No Withholding User Data* > > *Throughout any period in which You exercise any of the permissions > granted to You

Re: [License-discuss] For Discussion: Cryptographic Autonomy License (CAL) Beta 2

2019-08-13 Thread VanL
Hi Richard, On Tue, Aug 13, 2019 at 10:56 AM Richard Fontana wrote: > On Thu, Aug 8, 2019 at 5:19 PM VanL wrote: > > If I understand correctly, this has the effect of replacing the > language in the earlier version that would have imposed copyleft > obligations on APIs by choosing not to addres

Re: [License-discuss] For Discussion: Cryptographic Autonomy License (CAL) Beta 2

2019-08-13 Thread VanL
Hi McCoy, On Tue, Aug 13, 2019 at 11:21 AM Smith, McCoy wrote: > > > >>Can you explain why this is "problematic" in relation to OSD 9 please > Richard? To my eyes the phrase "any modifications, elaborations, or > implementations created by You that contain any licenseable >>portion of > the Work

Re: [License-discuss] For Discussion: Cryptographic Autonomy License (CAL) Beta 2

2019-08-13 Thread Bruce Perens via License-discuss
On Tue, Aug 13, 2019 at 9:42 AM Simon Phipps wrote: > That's calling the user data clauses both outside the scope of open source > licensing and so integral they can trigger an OSD violation, both at the > same time. > Terms which are outside of the scope of Open Source licensing *are *likely to

Re: [License-discuss] For Discussion: Cryptographic Autonomy License (CAL) Beta 2

2019-08-13 Thread Simon Phipps
Calling user data "software" is a massive stretch. That's calling the user data clauses both outside the scope of open source licensing and so integral they can trigger an OSD violation, both at the same time. I don't agree with either, but if I was persuaded by either it would inherently exclude t

Re: [License-discuss] For Discussion: Cryptographic Autonomy License (CAL) Beta 2

2019-08-13 Thread Bruce Perens via License-discuss
I concur with Richard. To the extent that the user data can be considered to be software, the license imposes terms upon software which is merely processed by the program. Thus, it runs awry of #9 On Tue, Aug 13, 2019 at 9:21 AM Smith, McCoy wrote: > >>*From:* License-discuss [mailto: > license-

Re: [License-discuss] For Discussion: Cryptographic Autonomy License (CAL) Beta 2

2019-08-13 Thread Smith, McCoy
>>From: License-discuss [mailto:license-discuss-boun...@lists.opensource.org] >>On Behalf Of Simon Phipps >>Sent: Tuesday, August 13, 2019 9:06 AM >>To: license-discuss@lists.opensource.org >>Subject: Re: [License-discuss] For Discussion: Cryptographic Autonomy License >>(CAL) Beta 2 >>Can you

Re: [License-discuss] For Discussion: Cryptographic Autonomy License (CAL) Beta 2

2019-08-13 Thread Simon Phipps
On Tue, Aug 13, 2019 at 4:55 PM Richard Fontana wrote: > On Thu, Aug 8, 2019 at 5:19 PM VanL wrote: > > > 5. Scope of copyleft. > > > > > > - Beta 2 has been reworked to focus on the transfer of "licenseable" > parts of the Work. This limits the application to what can be properly > reached by a

Re: [License-discuss] For Discussion: Cryptographic Autonomy License (CAL) Beta 2

2019-08-13 Thread Bruce Perens via License-discuss
It looks like this is the main reason for objection: *No Withholding User Data* *Throughout any period in which You exercise any of the permissions granted to You under this License, You must also provide to any Recipient to whom you provide services via the Work, a no-charge copy, provided in a

Re: [License-discuss] For Discussion: Cryptographic Autonomy License (CAL) Beta 2

2019-08-13 Thread Richard Fontana
On Thu, Aug 8, 2019 at 5:19 PM VanL wrote: > 5. Scope of copyleft. > > > - Beta 2 has been reworked to focus on the transfer of "licenseable" parts of > the Work. This limits the application to what can be properly reached by a > license, regardless of what the scope of copyleft turns out to be

Re: [License-discuss] For Discussion: Cryptographic Autonomy License (CAL) Beta 2

2019-08-13 Thread VanL
There has been a lot of noise on this list recently. Bumping this thread to give anyone who wishes a chance to comment. Thanks, Van On Thu, Aug 8, 2019 at 4:18 PM VanL wrote: > Subject: Cryptographic Autonomy License Beta 2 > > Thanks again to the license-review committee for the response to Be