Re: [License-discuss] Trigger for licensee obigations

2019-07-03 Thread Christine Hall
mpact the analysis. -Original Message- From: License-discuss [mailto:license-discuss-boun...@lists.opensource.org] On Behalf Of Kevin P. Fleming Sent: Tuesday, July 2, 2019 2:33 PM To: license-discuss@lists.opensource.org Subject: Re: [License-discuss] Trigger for licensee obigations

Re: [License-discuss] Trigger for licensee obigations

2019-07-03 Thread Smith, McCoy
P. Fleming Sent: Tuesday, July 2, 2019 2:33 PM To: license-discuss@lists.opensource.org Subject: Re: [License-discuss] Trigger for licensee obigations In our analysis at Bloomberg, we settled on the stricter interpretation for the reasons hinted at by Bruce; we cannot guarantee that *only* employee

Re: [License-discuss] Trigger for licensee obigations

2019-07-02 Thread Thorsten Glaser
Bruce Perens via License-discuss dixit: >Please don't tell me that private modifications are a right fundmental to >Free Software or Open Source, because they stop being a right under current >FSF-authored and OSI-accepted licenses if you distribute, deploy, or >perform. Private modifications are

Re: [License-discuss] Trigger for licensee obigations

2019-07-02 Thread Bruce Perens via License-discuss
On Tue, Jul 2, 2019 at 2:44 PM Thorsten Glaser wrote: > >It's the instantiation of Freedom One: "The freedom to study how the > >program works, and change it so it does your computing as you wish." A disclosure obligation does not curtail your freedom to change the program so that it does your

Re: [License-discuss] Trigger for licensee obigations

2019-07-02 Thread John Cowan
On Tue, Jul 2, 2019 at 5:44 PM Thorsten Glaser wrote: (aka “we restrict your freedom to protect freedom”) > Well, that's not as paradoxical as you make it sound: consider “we restrict your freedom [to swing your fist] to protect [other people's] freedom [to keep their noses intact]”. John Cowa

Re: [License-discuss] Trigger for licensee obigations

2019-07-02 Thread Thorsten Glaser
John Cowan dixit: >On Tue, Jul 2, 2019 at 1:07 PM Bruce Perens via License-discuss < >license-discuss@lists.opensource.org> wrote: > >IMO the right to sequester "private modifications" went obsolete as soon as >> there was SaaS. It's not in the OSD and I never considered it fundamental >> to Free

Re: [License-discuss] Trigger for licensee obigations

2019-07-02 Thread Kevin P. Fleming
pensource.org] > >>On Behalf Of VanL > >>Sent: Tuesday, July 2, 2019 10:17 AM > >>To: license-discuss@lists.opensource.org > >>Subject: Re: [License-discuss] Trigger for licensee obigations > > > > >>The difference is that the AGPL is overbroad to w

Re: [License-discuss] Trigger for licensee obigations

2019-07-02 Thread Smith, McCoy
>>From: License-discuss [mailto:license-discuss-boun...@lists.opensource.org] >>On Behalf Of VanL >>Sent: Tuesday, July 2, 2019 10:17 AM >>To: license-discuss@lists.opensource.org >>Subject: Re: [License-discuss] Trigger for licensee obigations >>The differe

Re: [License-discuss] Trigger for licensee obigations

2019-07-02 Thread Bruce Perens via License-discuss
On Tue, Jul 2, 2019 at 10:20 AM John Cowan wrote: > > > On Tue, Jul 2, 2019 at 1:07 PM Bruce Perens via License-discuss < > license-discuss@lists.opensource.org> wrote: > It is the computer version of a trade secret. > I just can't stretch my mind to encompass that the mission of either Open Sou

Re: [License-discuss] Trigger for licensee obigations

2019-07-02 Thread John Cowan
On Tue, Jul 2, 2019 at 1:07 PM Bruce Perens via License-discuss < license-discuss@lists.opensource.org> wrote: IMO the right to sequester "private modifications" went obsolete as soon as > there was SaaS. It's not in the OSD and I never considered it fundamental > to Free Software or Open Source.

Re: [License-discuss] Trigger for licensee obigations

2019-07-02 Thread VanL
Hi McCoy, With regard to most software licensing, including FOSS licensing, network interaction is not an issue. On Tue, Jul 2, 2019 at 11:36 AM Smith, McCoy wrote: > > > >>As soon as the employee has an individual license to the modified work, > the game is up; no other restrictions can be

Re: [License-discuss] Trigger for licensee obigations

2019-07-02 Thread Bruce Perens via License-discuss
On Tue, Jul 2, 2019 at 10:04 AM Christine Hall wrote: > I would think that software being accessed only by employees, whether > through SaaS or by installation on a workstation, constitutes private > use by the licensee. There are probably un-litigated questions here. Like, is a consultant work

Re: [License-discuss] Trigger for licensee obigations

2019-07-02 Thread Bruce Perens via License-discuss
On Tue, Jul 2, 2019 at 9:55 AM Thorsten Glaser wrote: > This breaks the embargo. (Kudos to, IIRC, Florian Weimer for discovering > this… “gem”.) It is therefore not possible, so it’s not possible to run > AGPL-licenced software with security support. This is not necessarily a bad thing. If you

Re: [License-discuss] Trigger for licensee obigations

2019-07-02 Thread Christine Hall
Behalf Of *VanL *>>Sent:* Tuesday, July 2, 2019 9:21 AM *>>To:* license-discuss@lists.opensource.org *>>Subject:* Re: [License-discuss] Trigger for licensee obigations Let's work it through: The licensee in this case is the corporation: it is the one exercising the rights

Re: [License-discuss] Trigger for licensee obigations

2019-07-02 Thread Thorsten Glaser
VanL dixit: >For example: I am a corporation, running modified AGPL software, in a way Or even: AGPL software to which a not publicly disclosed security patch has been pre-applied. This breaks the embargo. (Kudos to, IIRC, Florian Weimer for discovering this… “gem”.) It is therefore not possible

Re: [License-discuss] Trigger for licensee obigations

2019-07-02 Thread Smith, McCoy
>>From: License-discuss [mailto:license-discuss-boun...@lists.opensource.org] >>On Behalf Of VanL >>Sent: Tuesday, July 2, 2019 9:21 AM >>To: license-discuss@lists.opensource.org >>Subject: Re: [License-discuss] Trigger for licensee obigations >>Let's w

Re: [License-discuss] Trigger for licensee obigations

2019-07-02 Thread VanL
Hi McCoy, great question. On Tue, Jul 2, 2019 at 11:05 AM Smith, McCoy wrote: > >>For example: I am a corporation, running modified AGPL software, in a > way that is only accessible to my employees. Per the AGPL, I must give my > employees code and rights to the modified version, even though the

Re: [License-discuss] Trigger for licensee obigations

2019-07-02 Thread Smith, McCoy
>>From: License-discuss [mailto:license-discuss-boun...@lists.opensource.org] >>On Behalf Of VanL >>Sent: Tuesday, July 2, 2019 8:56 AM >>To: license-discuss@lists.opensource.org >>Subject: Re: [License-discuss] Trigger for licensee obigations >>For example:

Re: [License-discuss] Trigger for licensee obigations

2019-07-02 Thread VanL
On Tue, Jul 2, 2019 at 10:42 AM Pamela Chestek wrote: > > How does the AGPL fail? The right to run unmodified software has no > burdens in the AGPL. But there is with CAL, the burden of providing data. > The AGPL fails, in part, because there is no private right of use for a modified version. F

Re: [License-discuss] Trigger for licensee obigations

2019-07-02 Thread Smith, McCoy
>>From: License-discuss [mailto:license-discuss-boun...@lists.opensource.org] >>On Behalf Of VanL >>Sent: Tuesday, July 2, 2019 8:31 AM >>To: license-discuss@lists.opensource.org >>Subject: Re: [License-discuss] Trigger for licensee obigations >>On Sat, Jun

Re: [License-discuss] Trigger for licensee obigations

2019-07-02 Thread Pamela Chestek
On 7/2/2019 11:31 AM, VanL wrote: > > On Sat, Jun 29, 2019 at 12:01 PM Pamela Chestek > mailto:pam...@chesteklegal.com>> wrote: > > [snip bit about synthetic performance right in AGPL] > I assume you mean the AGPL, but only if the software has been > modified. Under the CAL, one cannot

Re: [License-discuss] Trigger for licensee obigations

2019-07-02 Thread VanL
On Sat, Jun 29, 2019 at 12:01 PM Pamela Chestek wrote: > [snip bit about synthetic performance right in AGPL] > > I assume you mean the AGPL, but only if the software has been modified. > Under the CAL, one cannot simply run the software without the licensee > having an obligation. Is it a princi

Re: [License-discuss] Trigger for licensee obigations

2019-07-02 Thread VanL
On Sat, Jun 29, 2019 at 1:47 PM Bruce Perens via License-discuss < license-discuss@lists.opensource.org> wrote: > On Sat, Jun 29, 2019 at 10:01 AM Pamela Chestek > wrote: > >> I assume you mean the AGPL, but only if the software has been modified. >> Under the CAL, one cannot simply run the softw

Re: [License-discuss] Trigger for licensee obigations

2019-06-29 Thread Bruce Perens via License-discuss
On Sat, Jun 29, 2019 at 10:01 AM Pamela Chestek wrote: > I assume you mean the AGPL, but only if the software has been modified. > Under the CAL, one cannot simply run the software without the licensee > having an obligation. Is it a principle of open source software that one > should be able to

Re: [License-discuss] Trigger for licensee obigations

2019-06-29 Thread Pamela Chestek
On 6/29/19 9:08 AM, Pamela Chestek wrote: > > On 6/28/19 11:40 PM, Bruce Perens via License-discuss wrote: >> >> 2._At what point the licensor can oblige licensee behavior_.  >> The trigger for meeting license obligations can differ across >> licenses. The most common, almost univer

Re: [License-discuss] Trigger for licensee obigations

2019-06-29 Thread Pamela Chestek
On 6/28/19 11:40 PM, Bruce Perens via License-discuss wrote: > > 2._At what point the licensor can oblige licensee behavior_.  > The trigger for meeting license obligations can differ across > licenses. The most common, almost universal trigger, is > distribution of software. T