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

2023-11-01 Thread Russell Nelson
Well that's unfortunate.  Consider that anybody who is developing open source software in a cathedral manner is doing a form of delayed open source. The only difference is that they don't distribute the version under development. I think people's dislike of delayed Open Source is the anti-marke

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

2023-11-01 Thread Russell Nelson
It's harmful, but it's part of what people give up in order to get the benefit of whatever the proprietary software does. Just like you get "free" OTA TV (apologies to our British friends) by having commercials interjected. You get "free" web applications by having commercials in the interstice

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

2023-11-01 Thread Russell Nelson
Jesus, Bradley. On 10/29/23 18:57, Bradley M. Kuhn wrote: Russ, thanks for clarifying this point as one of OSI's leaders. Russell Nelson wrote at 19:32 (PDT) on Friday: We [speaking for OSI] don't criticize people for producing proprietary software. Various OSI leaders have indi

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

2023-10-27 Thread Russell Nelson
Producing open source software isn't a bad thing, even if you don't get it immediately. OSI's position toward proprietary software has always been that the proprietary nature has a cost in terms of outside contributions to your software. I mean, I never knew that the Pep Boys were using my Toke

Re: [License-discuss] Retroactively disapproving licenses

2022-12-15 Thread Russell Nelson
On 12/13/22 22:48, Lawrence Rosen wrote: Brad and the OSI have ONLY the authority to determine whether licenses satisfy the Open Source Definition AND NOTHING MORE. Yesbut. We are also the representatives of the idea of Open Source to the community. As such, we have a responsibility to promote

Re: [License-discuss] Modified Apache License

2021-02-06 Thread Russell Nelson
Further, since this seems a reasonable change, why not present it to Apache as a friendly amendment and see if they want to make it into an Apache 2.1 license? I mean, if it's good for Disney, why wouldn't it be good for everyone else? -russ On 2/6/21 8:29 PM, McCoy Smith wrote: You probably

Re: [License-discuss] OSI definition

2021-01-25 Thread Russell Nelson
gelist t: +33 (0)6 63 13 79 06 antoine.tho...@prestashop.com <mailto:antoine.tho...@prestashop.com> On Mon, 25 Jan 2021 at 16:36, Russell Nelson <mailto:nel...@crynwr.com>> wrote: On 1/24/21 12:22 PM, Mat K. Witts wrote: > On 22/01/2021 00:29, McCoy Smith wrote: >

Re: [License-discuss] OSI definition

2021-01-25 Thread Russell Nelson
On 1/25/21 9:13 AM, Nigel T wrote: exploit an ambiguity in the letter of the OSD Not even, Nigel. There is no ambiguity in the word "group". People can group together in all sorts of formal or informal ways. We don't care. A group is any group of more than one person. Doesn't matter if they'r

Re: [License-discuss] OSI definition

2021-01-25 Thread Russell Nelson
On 1/24/21 12:22 PM, Mat K. Witts wrote: On 22/01/2021 00:29, McCoy Smith wrote: A corporation is a group of natural persons. Not on it's own, Yes, on its own. It's a group. You intend to discriminate, we intend for you to not discriminate. Stop. End of sentence. EOT. Ctrl-D. ^D. You're don

Re: [License-discuss] OSI definition

2021-01-25 Thread Russell Nelson
On 1/20/21 7:20 PM, Mat K. Witts wrote: Just to be really clear, leftcopy does not discriminate against human beings from using the licensed code, Just to be really clear, the *purpose* of leftcopy is to discriminate against a group. As such, there is no waffling, no indecision, no wiggle ro

Re: [License-discuss] OSI definition

2021-01-20 Thread Russell Nelson
On 1/19/21 2:58 AM, Thorsten Glaser wrote: No, the engineers acting on behalf of the company are agents of the legal person (“juristische Person” in Germany), and as such it’s the company that’s doing the using. They *could* be programming in their spare time? https://youtu.be/ohDB5gbtaEQ?t=17

Re: [License-discuss] OSI definition

2021-01-20 Thread Russell Nelson
On 1/16/21 7:05 PM, Mat K. Witts wrote: It features one added restriction that only applies to legal entities having shareholders entitled to receive dividends from profits and employing more people than the license allows. Not open source. We have approved licenses which give some people gr

Re: [License-discuss] Invariant manifestos as an approach to expressing values / beliefs / missions for open source projects

2020-12-29 Thread Russell Nelson
On 12/28/20 10:31 AM, Pamela Chestek wrote: It is a misperception to think that there is any "non-binding" part of a legal document. Which means that we should be very wary of allowing text which takes away freedoms. E.g.: The XYZ license permits you to do anything you want (but you sh

Re: [License-discuss] A modest proposal to reduce the number of BSD licenses

2020-08-20 Thread Russell Nelson
On 8/18/20 4:57 PM, Thorsten Glaser wrote: Lawrence Rosen dixit: This has been proposed before. What is different now is that the Public Software Fund is going to stand behind this process, and defend the project's editor against lawsuits by any licensors who object to this relicense. I’m not

[License-discuss] A modest proposal to reduce the number of BSD licenses

2020-08-18 Thread Russell Nelson
We've all seen the vast variety of BSD licenses. You know the ones I mean: "Do what you want with the code, but if you change it, you can't mis-represent it as the same thing. We don't include any warranty because you didn't pay us for one." I propose that we find two things: 1. A pair of BSD

Re: [License-discuss] Licenses for commercial products

2020-05-03 Thread Russell Nelson
On 5/1/20 7:26 AM, Anton Shepelev wrote: Hello, all May I ask a question in this mailing list about the interpretation of a license for a commercial product? Although it would be patently off-topic, I don't know of another place where one may seek help of people converstant in legalese. Any op

Re: [License-discuss] Generic process for removing approved licenses. Re: REMOVE AAL from list of approved licenses

2020-03-27 Thread Russell Nelson
On 3/27/20 5:19 AM, Henrik Ingo wrote: - A feedback period of 15 months is required before the actual removal takes place. That's way too long. If we can't find anybody using the license, AND the original submitter agrees, we remove it immediately. The only reason to delay removal is because

Re: [License-discuss] How can we as a community help empower authors outside license agreements?

2020-03-21 Thread Russell Nelson
On 3/20/20 7:35 PM, Tobie Langel wrote: So I think the plain meaning, and the conventional understanding, of OSD 5 & 6 is “you cannot put any restriction against any user, or use, of the software, in an open source license” Remember that the argument I’m making here is precisely tha

Re: [License-discuss] How can we as a community help empower authors outside license agreements?

2020-03-21 Thread Russell Nelson
On 3/20/20 7:02 PM, Tobie Langel wrote: I’m reporting on a point of view commonly held within the community. That view has always existed. Some people don't want to delegate the name "open source" to the OSI. Never have, never will. Their presence in the community shouldn't deter us from repres

Re: [License-discuss] How can we as a community help empower authors outside license agreements?

2020-03-21 Thread Russell Nelson
On 3/20/20 6:43 PM, Tobie Langel wrote: Committing genocide is clearly not a field of endeavor as defined by section 6 of the OSD, It is exactly and precisely a field of endeavor. OSD#6 doesn't define "field of endeavor", it makes reference to the idea. Yes, that's an absurd example, but mo

Re: [License-discuss] How can we as a community help empower authors outside license agreements?

2020-03-21 Thread Russell Nelson
On 3/20/20 4:39 PM, Nigel T wrote: You guys should have at least trademarked the "open" badge that the ESD has now taken). You mean the green circle open at the bottom? We did trademark that, and registered it. Can you link to where they are using the "open" badge?

Re: [License-discuss] How can we as a community help empower authors outside license agreements?

2020-03-21 Thread Russell Nelson
On 3/20/20 2:46 PM, Russell McOrmond wrote: I'm involved in the community for the very values which certain individuals wish to expunge. There is no mechanism for both communities to consider themselves the same community, so either values come in common or people go elsewhere. Schisms happen

Re: [License-discuss] How can we as a community help empower authors outside license agreements?

2020-03-21 Thread Russell Nelson
On 3/20/20 12:55 PM, Tobie Langel wrote: Currently section 5 and 6 are vague (in particular the term "field of endeavor") and imho an ethical licenses could be written that complied with the OSD. OSD #6 is specifically there to prevent a license from restricting licensees whom a licensor does

Re: [License-discuss] How can we as a community help empower authors outside license agreements?

2020-03-21 Thread Russell Nelson
On 3/20/20 10:11 AM, John Cowan wrote: For OSI the effect is even stronger than for UL.  Every time OSI denies certification on grounds other than non-conformance to the OSD (such as redundancy, lack of templatification, etc.), it implicitly concedes that OSI Certified (tm) and open source are

Re: [License-discuss] How can we as a community help empower authors outside license agreements?

2020-03-21 Thread Russell Nelson
On 3/20/20 8:48 AM, Russell McOrmond wrote: Note I’m not saying: “change the OSD to allow ethical licenses,” I’m saying “work hand in hand to account for the concerns of the broader community to find reasonable solutions that meet those concerns.” We have already accounted for

Re: [License-discuss] How can we as a community help empower authors outside license agreements?

2020-03-20 Thread Russell Nelson
On 3/19/20 11:23 AM, John Cowan wrote: On Thu, Mar 19, 2020 at 10:17 AM Russell Nelson <mailto:nel...@crynwr.com>> wrote: On 3/18/20 12:40 PM, John Cowan wrote: > Note that I am fully supportive of the position that there may be and > are Open Source l

Re: [License-discuss] How can we as a community help empower authors outside license agreements?

2020-03-19 Thread Russell Nelson
On 3/18/20 12:40 PM, John Cowan wrote: 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). Who decides that? ___ License-discus

Re: [License-discuss] How can we as a community help empower authors outside license agreements?

2020-03-18 Thread Russell Nelson
On 3/18/20 10:27 AM, Tobie Langel wrote: If the goal is to deter the conversation from happening here, it’s quite effective. If it’s not, please be aware that this is what if feels like to those that are on the receiving end of this. Yes! The goal is to deter the conversation, because there is

Re: [License-discuss] How can we as a community help empower authors outside license agreements?

2020-03-18 Thread Russell Nelson
On 3/17/20 6:14 PM, Tobie Langel wrote: If OSI is to be the custodian of open source, it needs to be representative of the open source community at large. Not based on a winner takes model, which is, by definition, not representative. Sure, but Ethical Software isn't Open Source. That's what w

Re: [License-discuss] How can we as a community help empower authors outside license agreements?

2020-03-18 Thread Russell Nelson
On 3/18/20 4:51 AM, Henrik Ingo wrote: But why would you sum up Coraline and Tobie? Because Coraline is trying to bolster Coarline's poor showing in the OSI elections by double-counting the 11% of OSI membership who voted for both Coraline and Tobie. Coraline thinks that Coraline should get

Re: [License-discuss] How can we as a community help empower authors outside license agreements?

2020-03-17 Thread Russell Nelson
On 3/17/20 6:07 PM, McCoy Smith wrote: From which, I would conclude, the winners got substantial majorities of the voters, and no one else did, even if we combine candidates based on platforms. So they really deserve a seat at the table; everyone else, probably not. Why would you combine candid

Re: [License-discuss] How can we as a community help empower authors outside license agreements?

2020-03-16 Thread Russell Nelson
On 3/15/20 10:06 PM, McCoy Smith wrote: *From:* License-discuss *On Behalf Of *Coraline Ada Ehmke *Sent:* Sunday, March 15, 2020 5:45 PM *To:* license-discuss@lists.opensource.org *Subject:* Re: [License-discuss] How can we as a community help empower authors outside license agreements?

Re: [License-discuss] How can we as a community help empower authors outside license agreements?

2020-03-16 Thread Russell Nelson
On 3/15/20 8:26 PM, Brendan Hickey wrote: "It encourages fair compensation. The software project’s maintainers may, at their discretion, request remuneration in the form of code contributions, financial consideration, or other forms of voluntary support from organizations that derive commercial

Re: [License-discuss] How can we as a community help empower authors outside license agreements?

2020-03-16 Thread Russell Nelson
On 3/15/20 8:19 PM, Coraline Ada Ehmke wrote: On Mar 15, 2020, at 7:07 PM, Russell Nelson <mailto:nel...@crynwr.com>> wrote: Ethical software is by definition not open source. Can you point to any specific points in the definition of Ethical Open Source that conflicts with the

Re: [License-discuss] How can we as a community help empower authors outside license agreements?

2020-03-15 Thread Russell Nelson
On 3/15/20 12:06 PM, Russell McOrmond wrote: Just because software license agreements aren't an appropriate avenue to express a specific public policy concern doesn't mean that the OSI isn't an appropriate organization to work with for people wishing to do that type of policy work. OSI exists t

Re: [License-discuss] Thoughts on the subject of ethical licenses

2020-03-12 Thread Russell Nelson
On 3/11/20 10:05 PM, andrew.dema wrote: > There is no mutual ground for discussion I'm glad you've come to such a decisive conclusion. If you don't mind, we all get to make that decision for ourselves as well as when to stop soliciting feedback. If you have nothing to add or feel it is not c

Re: [License-discuss] Thoughts on the subject of ethical licenses

2020-03-11 Thread Russell Nelson
On 3/11/20 8:10 PM, Josh Berkus wrote: didn't ever really discuss the merits of ethical clauses (or lack thereof). Yes, I did. Went through all of them one by one, showing that they were not compatible with the OSD, and analyzed the idea of putting restrictions on the USE of software versus t

Re: [License-discuss] What should fit in a FOSS license?

2020-03-11 Thread Russell Nelson
On 3/11/20 1:42 PM, Josh Berkus wrote: On 3/11/20 6:56 AM, Russell Nelson wrote: I still say we should use the Vaccine License as a case example of an unpassable license on our website. Not listing unpassable examples is a long-standing policy decision. We have plenty of examples of what

Re: [License-discuss] What should fit in a FOSS license?

2020-03-11 Thread Russell Nelson
On 3/11/20 10:01 AM, Pamela Chestek wrote: On 3/11/2020 9:56 AM, Russell Nelson wrote: On 3/10/20 8:27 PM, Josh Berkus wrote: I still say we should use the Vaccine License as a case example of an unpassable license on our website. Not listing unpassable examples is a long-standing policy

Re: [License-discuss] What should fit in a FOSS license?

2020-03-11 Thread Russell Nelson
On 3/10/20 8:27 PM, Josh Berkus wrote: I still say we should use the Vaccine License as a case example of an unpassable license on our website. Not listing unpassable examples is a long-standing policy decision. We have plenty of examples of what passes muster. I've never seen why we need to

Re: [License-discuss] Thoughts on the subject of ethical licenses

2020-03-11 Thread Russell Nelson
On 3/10/20 11:13 PM, Grahame Grieve wrote: The question for me is whether there's some useful middle ground. Is there value in having an ethical use license where the creator gives up many but not all rights, in a way that respects some core tenets of the open source movement, and where the eth

Re: [License-discuss] Thoughts on the subject of ethical licenses

2020-03-10 Thread Russell Nelson
On 3/10/20 3:32 PM, Pamela Chestek wrote: On 3/10/2020 1:32 PM, Russell McOrmond wrote: "I think the fundamental thing that bothers me the most about the OSD 1.x is that it grants rights downstream, but doesn’t give the creators any real rights. And that’s a major difference between open and #E

Re: [License-discuss] Thoughts on the subject of ethical licenses

2020-03-10 Thread Russell Nelson
On 3/9/20 4:52 PM, Coraline Ada Ehmke wrote: Not responding to this thread anymore, feel free to carry on without me. No response to my observation that the OSD and ESD solve different problems (one the distribution and changing of software and the other use of software)? None? That's actua

Re: [License-discuss] Thoughts on the subject of ethical licenses

2020-03-09 Thread Russell Nelson
On 3/8/20 3:53 PM, Coraline Ada Ehmke wrote: Can you provide an example of an ethical source license that is based on a controversial social or political line? The Ethical Source Definition doesn't approve or disapprove of licenses. Your question is irrelevant. _

Re: [License-discuss] Ethical open source licensing - Dual Licensing for Justice

2020-03-08 Thread Russell Nelson
On 3/6/20 4:47 PM, Coraline Ada Ehmke wrote: On Mar 6, 2020, at 11:04 AM, Russell Nelson wrote: I do NOT like the idea of ethical open source. It completely turns the idea of "forking without permission" into "you can only run this software if I think you are a good p

Re: [License-discuss] Thoughts on the subject of ethical licenses

2020-03-08 Thread Russell Nelson
On 3/6/20 7:22 PM, Coraline Ada Ehmke wrote: “Hostile takeover” is not a goal of the Ethical Source Movement. Yes, it is. The Ethical Source Definition is hostile to the Open Source Definition -- that's why you want to change it. You want to take our authority, against our will, and use it to

Re: [License-discuss] Thoughts on the subject of ethical licenses

2020-03-08 Thread Russell Nelson
On 3/6/20 7:22 PM, Coraline Ada Ehmke wrote: (I can’t think of a single example in the modern world where “evil people” enjoy the same full set of rights and privileges as the rest of a community.) Evil people still have the right to speak freely (&etc). The First Amendment doesn't have an "e

Re: [License-discuss] Questions Regarding Open Source Hardware Licenses

2020-03-06 Thread Russell Nelson
On 3/4/20 2:30 PM, Michael Bretti wrote: 4. How can open source innovation be protected? Especially in my case were I am working on very high-tech systems in a highly competitive, and normally very secretive and non-transparent field, how can I make sure that I get credit, or protect myself fro

Re: [License-discuss] Questions Regarding Open Source Hardware Licenses

2020-03-06 Thread Russell Nelson
May I recommend Don Lancaster's The Incredible Secret Money Machine? On 3/4/20 2:30 PM, Michael Bretti wrote: As I progress into more high performance and potentially innovative systems however, I increasingly need to worry about protecting myself and my work from competition, being open-sour

Re: [License-discuss] Ethical open source licensing - Dual Licensing for Justice

2020-03-06 Thread Russell Nelson
On 3/6/20 10:07 AM, Jim Jagielski wrote: Again, I personally like the idea of ethical open source, but I don't see how it fits into the OSD, nor should it. As an external branch, ala InnerSource, it makes better sense. I do NOT like the idea of ethical open source. It completely turns the id

Re: [License-discuss] Backfilling Mailman archive gaps

2020-03-02 Thread Russell Nelson
On 2/29/20 8:26 PM, Rick Moen wrote: Quoting McCoy Smith (mc...@lexpan.law): License-approval only goes back to December, 2007; license-discuss goes back to 1999, but as far as I can tell doesn’t include complete discussion about approvals of licenses from 1999-2007 (those discussions are on n

Re: [License-discuss] Ethical open source licensing - Persona non Grata Preamble

2020-03-02 Thread Russell Nelson
On 2/29/20 5:12 AM, Grahame Grieve wrote: This precludes discrimination against illegal activities, either in the source or user jurisdiction, right? Has this ever been tested in court? (E.g. an open source library that was a key contributor to empowering an illegal activity is targeted for al

Re: [License-discuss] Ethical open source licensing - Persona non Grata Preamble

2020-02-28 Thread Russell Nelson
There are, as one might expect, multiple aspects of this idea. Is it legally enforceable? Not even lawyers can answer that question because it depends (as Larry Rosen once said) on which side of the bed the judge has gotten up on. Probably a better question is whether you intend the new terms