Re: [License-discuss] For Public Comment: The Contribution Public License

2019-08-05 Thread Nicholas Matthew Neft Weinstock
A few points that could do with some thought and possibly clarification: It doesn't seem like this license requires distribution of source code. It seems like the original author could distribute an application only as a precompiled binary, in which case subsequent recipients/modifiers would al

Re: [License-discuss] For Public Comment: The Contribution Public License

2019-08-06 Thread Nicholas Matthew Neft Weinstock
urce.org > Subject: Re: [License-discuss] For Public Comment: The Contribution > Public License > > On Monday, 5 August 2019 19:34:39 CEST Nicholas Matthew Neft Weinstock > wrote: > > A few points that could do with some thought and possibly clarification: > > > > I

Re: [License-discuss] [License-review] For approval: The Cryptographic Autonomy License (Beta 4)

2020-01-06 Thread Nicholas Matthew Neft Weinstock
If OSI pursues this approach, what do you call these licenses that are just starting to be used in the real world but have not yet been reviewed and approved by OSI? Can they be called Open Source? If not, it seems like a significant obstacle to getting these licenses into practical use. How

Re: [License-discuss] [License-review] For approval: The Cryptographic Autonomy License (Beta 4)

2020-01-07 Thread Nicholas Matthew Neft Weinstock
For completeness, there is also a slight variation of MS-PL that I have seen called MS-LPL, the Microsoft Limited Public License. It adds a platform limitation (e.g., "This software may only be used to develop an application intended to be run on the Microsoft Windows Operating System"). The w

Re: [License-discuss] "Fairness" vs. mission objectives

2020-02-24 Thread Nicholas Matthew Neft Weinstock
I’m reading Eric’s proposal and John’s response as addressing slightly different things. OSI publishes the Open Source Definition, and maintains a list of OSI-Approved Licenses. I don’t think there is any dispute that OSI can use whatever criteria it wants to add licenses to the list of OSI-Ap

Re: [License-discuss] exploring the attachment between the author and the code

2020-02-28 Thread Nicholas Matthew Neft Weinstock
** Although I am a practicing attorney, this should not be viewed as legal advice. I am only providing my own thoughts on the subject for the purpose of participating in discussion of a topic that I find interesting. Also, note that the law is much deeper than the points I'm touching upon here.

Re: [License-discuss] exploring the attachment between the author and the code

2020-02-28 Thread Nicholas Matthew Neft Weinstock
As an analogy, think about an artist during the Renaissance. Let's say he paints a work of art simply because he was inspired. Nobody tells him what to paint. He owns the painting, and he can do whatever he wants with it. He has freedom and control over the work. But he also takes the risk.

[License-discuss] CAL clarification

2020-03-19 Thread Nicholas Matthew Neft Weinstock
Hello, I wanted to get clarification on section 3.1(b) of the Cryptographic Autonomy License. The relevant text from the license, as approved: 3.1. Permissions Granted Conditioned on compliance with section 4, and subject to the limitations of section 3.2, Licensor grants You the world-wide, r

Re: [License-discuss] Retroactively disapproving licenses

2022-12-15 Thread Nicholas Matthew Neft Weinstock
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. One of the parts of my job is reviewing commercial contracts. Some of those contracts include r

Re: [License-discuss] The ambiguous scope of the Apache License 2.0 patent grant

2023-03-07 Thread Nicholas Matthew Neft Weinstock
Here's how I think about it. Let's say a patent claim has 5 elements. That means you need all 5 things to "infringe" the patent. Situation A: The project already has all 5 elements of the claim. I make a contribution to a different area of the project, unrelated to the functionality of those

Re: [License-discuss] Evaluating the Enforceability of a License Should Not be a Criteria for OSI License Review

2023-10-25 Thread Nicholas Matthew Neft Weinstock
That's a really interesting way of looking at it: In order to be within the OSD, the license needs to be actually capable of granting the necessary rights/licenses. That's certainly true in other contexts. If the license only grants the right to COPY but not MODIFY or DISTRIBUTE, it doesn't gr

Re: [License-discuss] Open source software licenses and the OSD

2018-11-09 Thread Nicholas Matthew Neft Weinstock
Lawrence Rosen wrote: Instead, as long as the five basic freedoms on the cover of my book are protected, software will be open source enough for me. That is why I have proposed this common definition: “Open source software” means software actually distributed to the public under software

Re: [License-discuss] Open source software licenses and the OSD

2018-11-09 Thread Nicholas Matthew Neft Weinstock
Hi Bruce, I’m sorry, I think there’s a disconnect. I read Larry’s statement to be about the definition of Open Source Software, but you’re referring to standards and patents in standards. I didn’t intend to get into a discussion of standards. I don’t have a problem with Open Source Licenses t

Re: [License-discuss] Open source software licenses and the OSD

2018-11-09 Thread Nicholas Matthew Neft Weinstock
More when I get a chance, but briefly on this: “…and let OSI define Open Source Copyrights with the OSD.” We are of one mind! -Nick From: Lawrence Rosen Sent: Friday, November 9, 2018 11:19 AM To: Nicholas Matthew Neft Weinstock ; license-discuss@lists.opensource.org Cc: Lawrence Rosen

Re: [License-discuss] Proposed license decision process

2018-12-13 Thread Nicholas Matthew Neft Weinstock
I agree. On the flip side, I would also say that there are be some licenses widely understood to be "Open Source" that would seem to fail a highly literalist reading of the OSD. The possibility of unintentionally including licenses as "Open Source" that the community does not view as providi

Re: [License-discuss] Proposed license decision process

2018-12-13 Thread Nicholas Matthew Neft Weinstock
This crossed in the ether with my response to Richard. To your question below, I can cite two examples of Richard's concern: * Ms-LPL is generally viewed as not "Open Source" because it has a platform limitation. It's not listed in SPDX or on OSI. It would satisfy this definition. * Code Pro

Re: [License-discuss] Proposed license decision process

2018-12-13 Thread Nicholas Matthew Neft Weinstock
to make money off that condition; copyleft licenses are granted for the purpose of creating "open source software," which is its own reward. Academic licenses, on the other hand, treat the "condition" of attribution as its own reward, even though there is no way to c

Re: [License-discuss] Special rights granted by open-source licenses

2019-01-09 Thread Nicholas Matthew Neft Weinstock
You’re only talking about Copyright law. The equivalent in Patent law is only for the named inventors. So if a FOSS project wants to change license they would need to be certain that the scope of the patent grant is unchanged, or get approval from every contributor that is actually granting a

Re: [License-discuss] Intimacy in open source (SSPL and AGPL)

2019-01-22 Thread Nicholas Matthew Neft Weinstock
I agree, it would be very helpful to have a clear statement of the intent of that paragraph in (A)GPLv3. I've seen two very different concepts discussed in this thread. On Sunday the 13th, Lukas discussed the idea that "intimate" communication is in regards to distributing Corresponding Source,

Re: [License-discuss] Intimacy in open source (SSPL and AGPL)

2019-01-22 Thread Nicholas Matthew Neft Weinstock
source (SSPL and AGPL) On Tue, Jan 22, 2019 at 10:21 AM Nicholas Matthew Neft Weinstock mailto:nwein...@qti.qualcomm.com>> wrote: On Sunday the 13th, Lukas discussed the idea that “intimate” communication is in regards to distributing Corresponding Source, so the license must mea

Re: [License-discuss] Intimacy in open source (SSPL and AGPL)

2019-01-22 Thread Nicholas Matthew Neft Weinstock
Matthew Neft Weinstock mailto:nwein...@qti.qualcomm.com>> wrote: Can you explain how you reach this conclusion? My reading of section 6 suggests that Corresponding Source must be conveyed under the terms of this License (e.g., GPLv3). Where does the license allow Corresponding Source

Re: [License-discuss] comprehensiveness (or not) of the OSI-approved list

2019-05-20 Thread Nicholas Matthew Neft Weinstock
Hi Van, in pondering your claim that only portions of Debian can be called "Open Source" based on whether they are under an OSI Approved License. I think the logic is backward. I agree that everything in the list of OSI Approved Licenses is Open Source, but I don't think that means that a lice

Re: [License-discuss] comprehensiveness (or not) of the OSI-approved list

2019-05-21 Thread Nicholas Matthew Neft Weinstock
Thanks for the explanation. I would like to follow up on your first point with a comparison to UL. UL acts in a completely neutral manner when determining whether to certify an electronic device. Does it meet the code requirements, yes or no? If all code requirements are met, it is certified

Re: [License-discuss] comprehensiveness (or not) of the OSI-approved list

2019-05-21 Thread Nicholas Matthew Neft Weinstock
: [EXT] Re: [License-discuss] comprehensiveness (or not) of the OSI- > approved list > > On Tue, May 21, 2019 at 12:30 PM Nicholas Matthew Neft Weinstock > wrote: > [...] > > > OSI does not do so with regards to prospective licenses. It considers other > factors besides

Re: [License-discuss] comprehensiveness (or not) of the OSI-approved list

2019-05-23 Thread Nicholas Matthew Neft Weinstock
Agreed. I've been saying for a while (since I started participating on this board) that there needs to be clear recognition of the difference between the LICENSE and the PROGRAM, and make sure we're talking about the right thing. Copyright ownership is more straightforward: Only one person is t

Re: [License-discuss] Request for Comment: Software and Development License, version 3.0

2024-01-29 Thread Nicholas Matthew Neft Weinstock via License-discuss
Can you provide a link to SADL v 1.0 or 2.0 for reference? -Nick From: License-discuss On Behalf Of Alec Bloss Sent: Sunday, January 28, 2024 11:47 AM To: license-discuss@lists.opensource.org Subject: [License-discuss] Request for Comment: Software and Development License, version 3.0 WARNIN