Re: [License-discuss] The per se license constructor

2019-03-18 Thread Bruce Perens
On Mon, Mar 18, 2019 at 6:07 AM John Cowan wrote: > Well, that pretty much reflects the law: U.S. government employee work > product *is* in the public domain in the U.S., and *isn't* in the public > domain in other countries unless the foreign law makes it so. > I want to see the United States

Re: [License-discuss] The per se license constructor

2019-03-18 Thread John Cowan
On Sun, Mar 17, 2019 at 10:23 PM Bruce Perens wrote: No, I don't believe this is the problem. The problem is that the terms do > pernicious things like attempt to limit the public domain to national > boundaries with contractual terms. It's a terrible precedent for OSI to > approve. > Well, that

Re: [License-discuss] The per se license constructor

2019-03-17 Thread Richard Fontana
On Sun, Mar 17, 2019 at 6:02 PM VanL wrote: > > > I think it gets back to the core purpose of the OSI: To be a steward for the > OSD and to certify licenses as compliant with the OSD. There are many other > good things the OSI *can* do, but that is the one thing it *must* do. > > So how does tha

Re: [License-discuss] The per se license constructor

2019-03-17 Thread Bruce Perens
On Sun, Mar 17, 2019 at 5:45 PM Tzeng, Nigel H. wrote: > I really don’t want to relitigate this > Yeah. Before anyone misunderstands, I am not shouting at Nigel. I AM NOT SHOUTING :-) a) the terms that were deemed questionable existed in the already approved > 1.3 and > The problem here is tha

Re: [License-discuss] The per se license constructor

2019-03-17 Thread Tzeng, Nigel H.
source domain? Because that strikes me as seriously unproductive. From: John Cowan mailto:co...@ccil.org>> Date: Sunday, Mar 17, 2019, 6:20 PM To: license-discuss@lists.opensource.org mailto:license-discuss@lists.opensource.org>> Subject: Re: [License-discuss] The per se license const

Re: [License-discuss] The per se license constructor

2019-03-17 Thread John Cowan
On Sun, Mar 17, 2019 at 10:05 AM Tzeng, Nigel H. wrote: Again, speaking only for myself, but I find it interesting that the need > for legal review is considered so important but when a practicing IP lawyer > in a specific domain claims that certain license constructs are required to > meet the r

Re: [License-discuss] The per se license constructor

2019-03-17 Thread VanL
I think it gets back to the core purpose of the OSI: To be a steward for the OSD and to certify licenses as compliant with the OSD. There are many other good things the OSI *can* do, but that is the one thing it *must* do. So how does that get back to L-D and L-R? Well, the OSI board is not compos

Re: [License-discuss] The per se license constructor

2019-03-17 Thread Tzeng, Nigel H.
license approval is perceived to be unfair. From: Bruce Perens mailto:br...@perens.com>> Date: Friday, Mar 15, 2019, 4:32 PM To: license-discuss@lists.opensource.org mailto:license-discuss@lists.opensource.org>> Subject: [License-discuss] The per se license constructor While we ar

Re: [License-discuss] The per se license constructor

2019-03-16 Thread Bruce Perens
On Sat, Mar 16, 2019 at 7:59 AM Patrick Schleizer wrote: > I've seen that no is being evidence requested about legal review being > actually done vs just claiming legal review was done. > In general we get to talk with the lawyer, and a lot of us on the list know most of the lawyers who are like

Re: [License-discuss] The per se license constructor

2019-03-16 Thread Henrik Ingo
; *>>To:* license-discuss@lists.opensource.org > *>>Subject:* [License-discuss] The per se license constructor > > > > >>I thus feel all such things should be rejected, although the reason is > entirely outside of the OSD. > > > > At the risk of arguing ag

Re: [License-discuss] The per se license constructor

2019-03-16 Thread Patrick Schleizer
Brendan Hickey: > Perhaps legal review is there in part to raise the bar and filter out > noise. In that case we're doing a disservice to submitters by providing > feedback so late in the process. Indeed. Paying for legal review and then have the license rejected for another reason such as non-pro

Re: [License-discuss] The per se license constructor

2019-03-16 Thread Brendan Hickey
On Fri, Mar 15, 2019 at 4:41 PM Smith, McCoy wrote: > *>>From:* License-discuss [mailto: > license-discuss-boun...@lists.opensource.org] *On Behalf Of *Bruce Perens > *>>Sent:* Friday, March 15, 2019 1:31 PM > *>>To:* license-discuss@lists.opensource.org > *>

Re: [License-discuss] The per se license constructor

2019-03-15 Thread Bruce Perens
If the barrier to entry of having a lawyer today is a big enough concern, OSI could provide one, sort of like a public defender. I suspect there could be a credible case that drafting a license and promoting it for others to use is unlicensed practice of law. __

Re: [License-discuss] The per se license constructor

2019-03-15 Thread Smith, McCoy
>>From: License-discuss [mailto:license-discuss-boun...@lists.opensource.org] >>On Behalf Of Bruce Perens >>Sent: Friday, March 15, 2019 1:31 PM >>To: license-discuss@lists.opensource.org >>Subject: [License-discuss] The per se license constructor >>I thus fee

[License-discuss] The per se license constructor

2019-03-15 Thread Bruce Perens
While we are discussing license approval, this morning's submission had no legal review, the excuse being that it was a mashup of what was presumably the work of unidentified lawyers. There is great danger in using a license that has had no legal review, since you have little idea of how it will w