[License-discuss] OSI's purely-neutral policy position on production of proprietary software (was Re: Query on "delayed open source" licensing)

2023-10-29 Thread Bradley M. Kuhn
k of a FOSS system. Beyond that, software is generally just better written to be more easily extensible these days, too. [1] … which is its own irony, since the best DVCS's are, themselves, FOSS, but are widely used to help make authorship of proprietary forks of FOSS easier t

Re: [License-discuss] Query on "delayed open source" licensing

2023-10-27 Thread Bradley M. Kuhn
> On 10/27/23 11:06, Bradley M. Kuhn wrote: > I'm sad (but also sadly not surprised) to see that OSI is not willing to > outright criticize this model, since it is primarily a proprietary software > model. Josh Berkus wrote: > If researchers start out with a predefined

Re: [License-discuss] Query on "delayed open source" licensing

2023-10-27 Thread Bradley M. Kuhn
hat position, but it seems OSI is more neutral on proprietary software than against it these days? IMO, taking a “neutral” position on a practice that is clearly bad for consumers isn't really neutrality; it's merely tacit support of the incumbent authority. Sin

Re: [License-discuss] Retroactively disapproving licenses

2022-12-15 Thread Bradley M. Kuhn
Nicholas Matthew Neft Weinstock of Qualcomm wrote: > Without commenting on WHETHER any licenses should be > deprecated/disapproved/legacy, nor on WHICH licenses are appropriate > candidates, I would like to suggest a consideration related to HOW to do > so. +1 (… and this may be the first time in

Re: [License-discuss] in opposition of 'choice of law' provisions in FOSS licenses

2022-12-15 Thread Bradley M. Kuhn
Pamela Chestek wrote: > I'm asking that the conversation between Larry and Bradley been held > privately. Both have had your say publicly and I'd prefer that the dispute > not escalate here. I had, in fact, started an a offlist discussion with Larry before Pam posted this, and I can report that La

Re: [License-discuss] in opposition of 'choice of law' provisions in FOSS licenses

2022-12-14 Thread Bradley M. Kuhn
Richard Fontana wrote at 18:28 (PST) on Tuesday: > The FSF presumably did not see the presence of a choice of law clause as > raising an inherent free software problem (as they recognized licenses > like MPL 1.1, EPL 1.0, and the QPL as free software licenses) I can speak to that, since, while I n

Re: [License-discuss] in opposition of 'choice of law' provisions in FOSS licenses

2022-12-13 Thread Bradley M. Kuhn
Pam, Pamela Chestek wrote at 08:40 (PST) today: > I'm taking the next step of moving the discussion to > license-discuss. Please continue the discussion there. That makes, sense, although as a point of order, I think you might have typo'ed your email moving the thread. Your post moving it didn't

Re: [License-discuss] Does the LinShare "attribution" notice violate OSD?

2022-09-21 Thread Bradley M. Kuhn
> > Zack had replied: > >>> I agree that the uncertainty here is enough, in practice, to keep users > >>> from actually exercising their rights of stripping further restrictions, > >>> as per *GPL-3 licenses. I replied further: > > Indeed. IMO, the best solution here would be for the OSI to join

Re: [License-discuss] Does the LinShare "attribution" notice violate OSD?

2022-09-21 Thread Bradley M. Kuhn
Florian Weimer wrote: > But when checking for OSD compliance, we shouldn't play this game. If new > licenses are unclear and appear self-contradictory, then they shouldn't be > deemed compliant, particularly if there is still just one copyright holder > using the license, so that it can be easily

Re: [License-discuss] Does the LinShare "attribution" notice violate OSD?

2022-09-20 Thread Bradley M. Kuhn
McCoy Smith wrote at 11:41 (PDT) on Monday: >> Seems like it might violate the definition of appropriate legal notice in >> GPLv3. (It's AGPLv3 in this situations that we're discussing, but the sections in question McCoy is referring to are the same in both AGPLv3 and GPLv3.) Linagora's LinShare

Re: [License-discuss] Question about AGPLv3 with a Plugin Exception

2022-08-15 Thread Bradley M. Kuhn
Joel Kelley wrote: > However, a small team faced with changing business rules is all too likely > to end up hardcoding a position or employee ID number into an approval > plugin instead of using an environmental variable. It's definitely an engineering problem if there is hard-coding of this sort

Re: [License-discuss] Question about AGPLv3 with a Plugin Exception

2022-08-12 Thread Bradley M. Kuhn
McCoy Smith wrote: > the … site does list the Classpath Exception > (https://spdx.org/licenses/Classpath-exception-2.0.html) and the GCC RTL > Exception (https://spdx.org/licenses/GCC-exception-3.1.html), of which you > say you were a "key drafter," so I'm not sure why you think that site > should

Re: [License-discuss] Question about AGPLv3 with a Plugin Exception

2022-08-10 Thread Bradley M. Kuhn
Kevin P. Fleming wrote: >>> Please keep in mind that if your application incorporates or relies upon >>> any other code (to which you do not hold the copyrights) that is also >>> licensed under the AGPL, you cannot grant an exception (really, an >>> 'additional permission') on your code which is co

Re: [License-discuss] Consumer protection, defective product

2021-11-11 Thread Bradley M. Kuhn
Pamela Chestek wrote: > There probably are also consumer protection laws in the US that could be > used with the same defective product theory you mention for Germany. These > are state laws and I'm not familiar with them enough to know if they would > apply in this situation. However, I suspect th

Re: [License-discuss] [License-review] For approval: The Cryptographic Autonomy License (Beta 2)

2019-08-28 Thread Bradley M. Kuhn
cense. Meanwhile, as Pam points out, Van's license is an *even more* of a radical leap than the Affero clause was. In short, the discussion of this nascent license is, frankly, too premature for license-review. Presumably it's reasonable fodder for license-discuss. :) -- Bradley M.

[License-discuss] upgrade clauses & mandatory relicensing (was Re: Approval: Server Side Public License, Version 2 (SSPL v2))

2018-11-22 Thread Bradley M. Kuhn
salient point to OSI's analysis of the license. [0] By mandatory, I mean that the original licensor may not prohibit later downstream redistributors from distributing the copyrighted material under newer versions of the license published by the license steward. [

[License-discuss] Please submit session proposals to FOSDEM Legal & Policy DevRoom and CopyleftConf

2018-11-13 Thread Bradley M. Kuhn
day after FOSDEM). The CFP closes VERY SOON, on Wednesday 14 November 2018 at 23:59 AOE. The full CFP is available at: https://2019.copyleftconf.org/program/call-for-proposals This event is a first-of-its-kind conference to discuss the future of copyleft. -- Bradley M. Kuhn Pls. support the cha

[License-discuss] AGPL "loopholes" (was: [License-review] Approval: Server Side Public License, Version 1 (SSPL v1))

2018-11-09 Thread Bradley M. Kuhn
usually aren't. Judges aren't easily fooled by "work arounds" that seek to circumvent the law, and in my experience when they encounter such "work arounds" of the law being attempted, the judges are become more suspicious that something nefarious is going on. -- Bradl

Re: [License-discuss] Source code availability after end of life

2018-08-16 Thread Bradley M. Kuhn
hat pandemic problem (and the other pandemic problems of non-compliance), so much outweigh any threat from one bad-actor-enforcer who "once-upon-a-time made an argument not supported by the license text", that the latter seems risible to me as a concern. I think we should continue to read co