Re: [License-discuss] OSI definition

2021-02-01 Thread Pamela Chestek
As I said, it's time to shut this conversation down. No one's mind is going to be changed no matter how logical or illogical the arguments. Pam Pamela Chestek Chair, License Committee Open Source Initiative On 2/1/2021 5:17 AM, Antoine Thomas via License-discuss wrote: I would like to

Re: [License-discuss] OSI definition

2021-02-01 Thread Antoine Thomas via License-discuss
I would like to illustrate with a simplified example. Let's say I am building special cars for a niche market in small quantities (e.g. for people with disabilities). I am an individual, and I work with other individuals, we are not incorporated (that would be foolish because of the risk, but,

Re: [License-discuss] OSI definition

2021-01-31 Thread Johnny A. Solbu
On Tuesday 26 January 2021 17:07, Mat K. Witts wrote: > > Yes, on its own. It's a group. > > Show me the group then. What/who does it contain that is not either an > officer, shareholder, subsidiary company, customer, client or > representative officer. When you strike out a company, nobody

Re: [License-discuss] OSI definition

2021-01-31 Thread Pamela Chestek
I believe this line of discussion, whether or not corporations are people, has been exhausted and no minds are going to be changed. I suggest it's time to end it. Pam Pamela Chestek Chair, License Committee Open Source Initiative On 1/26/2021 11:24 AM, Mat K. Witts wrote: This thread

Re: [License-discuss] OSI definition

2021-01-31 Thread Mat K. Witts
> This thread consists of the list offering consensus that your license fails > the OSD and you replying “nope, you guys are all wrong” That a good description, yes, and yet replies like this one don't fit that description, so that may need further explanation. Many of my replies involve me

Re: [License-discuss] OSI definition

2021-01-31 Thread Mat K. Witts
> Yes, on its own. It's a group. Show me the group then. What/who does it contain that is not either an officer, shareholder, subsidiary company, customer, client or representative officer. When you strike out a company, nobody ceases to exist, it's just the legal entity. That ought to tell you

Re: [License-discuss] OSI definition

2021-01-25 Thread Antoine Thomas via License-discuss
Russel, I think that you should put this quotation in a Frame: "The whole point behind Open Source is the same point behind Free Software -- to transfer the power to discriminate between users to the users themselves. It's the users who decide whether they want to use the software or not. Open

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

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

Re: [License-discuss] OSI definition

2021-01-25 Thread Nigel T
This thread consists of the list offering consensus that your license fails the OSD and you replying “nope, you guys are all wrong” Sorry, but you don’t get to define what the OSD says or even what OSI’s historical interpretation of the OSD...aka the spirit of the law. And you also don’t get

Re: [License-discuss] OSI definition

2021-01-25 Thread Mat K. Witts
On 22/01/2021 00:29, McCoy Smith wrote: > A corporation is a group of natural persons. Not on it's own, (your second assertion diminishes this). Presumably, you are wanting to mean 'shareholders', or possibly you want to also include a combination of 'directors' or maybe 'employees or

Re: [License-discuss] OSI definition

2021-01-25 Thread Mat K. Witts
> 1. Would this license comply with OSD? This question hinges upon the interpretation of TWO things. The license text AND the OSD. The license text is worded more far more carefully than the OSD since the terms are definitive in the license text. The only key word that is not defined in the

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

Re: [License-discuss] OSI definition

2021-01-22 Thread Gil Yehuda
Mat, I have questions to raise aloud: 1. Would this license comply with OSD? 2. Should the OSI licensing board consider the above question? 3. Who does this benefit and how? The first question hinges upon the interpretation of the license text. It’s not carefully worded, requiring you to explain

Re: [License-discuss] OSI definition

2021-01-21 Thread McCoy Smith
> -Original Message- > From: License-discuss On > Behalf Of Mat K. Witts > Sent: Wednesday, January 20, 2021 4:20 PM > To: license-discuss@lists.opensource.org > Subject: Re: [License-discuss] OSI definition > > > Just to be really clear, leftcopy does not

Re: [License-discuss] OSI definition

2021-01-21 Thread Mat K. Witts
There is a lot of latitude around how licenses work in the wild, how people work in teams, how judges come to decisions on licensing, how lawyers write licenses and the legal implications of companies and so on and so forth. Sticking strictly to the license texts and then comparing them to the

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?

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

Re: [License-discuss] OSI definition

2021-01-19 Thread Rick Moen
Quoting Gil Yehuda (tenor...@gmail.com): > I’m wondering if this license is OSD compliant by accident. Re-read > the initial question on this thread and you’ll see that this license > does not say what the author seems to wish it did. > > Meaning: I don’t see how this license (as written)

Re: [License-discuss] OSI definition

2021-01-19 Thread Thorsten Glaser
David Woolley dixit: > On 18/01/2021 22:08, Gil Yehuda wrote: >>A team of engineers at any >>company can use the code under the terms of the license, for anything they >>please. They can make a product for profit. Only the company itself No, the engineers acting on behalf of the company are

Re: [License-discuss] OSI definition

2021-01-18 Thread Josh Berkus
On 1/18/21 2:08 PM, Gil Yehuda wrote: > I’m not suggesting the OSI consider this license as an open source > candidate. I’m suggesting that if employees at Big Companies encounter > code licensed under this license, they can be glad they are people, and > people get to use this code for whatever

Re: [License-discuss] OSI definition

2021-01-18 Thread David Woolley
On 18/01/2021 22:08, Gil Yehuda wrote: This license seems to be snagged by the anthropomorphism we tend to use when we talk about companies. It's more than an anthropomorphism. Companies are legal persons, and most commercial law that applies to human beings (legally: natural persons) also

Re: [License-discuss] OSI definition

2021-01-18 Thread Gil Yehuda
I’m wondering if this license is OSD compliant by accident. Re-read the initial question on this thread and you’ll see that this license does not say what the author seems to wish it did. Meaning: I don’t see how this license (as written) prevents employees at a Big Company from using the code to

Re: [License-discuss] OSI definition

2021-01-18 Thread Johnny A. Solbu
On Monday 18 January 2021 02:23, Kevin P. Fleming wrote: > On Sun, Jan 17, 2021 at 8:13 PM Tenorgil wrote: > > > > Can you clarify this phrase > > > > You can basically do whatever you want, as long as you are not a company > > with shareholders employing lots of people > > > > What does it mean

Re: [License-discuss] OSI definition

2021-01-18 Thread Patrice-Emmanuel Schmitz via License-discuss
There is, of course, a contradiction with OSD "non-discrimination" principles here, but, as a - very occasional - License Discuss contributor, I would like to highlight another point that is present in a lot of contributions (and could be submitted as a question to nearly all license steward

Re: [License-discuss] OSI definition

2021-01-17 Thread Kevin P. Fleming
On Sun, Jan 17, 2021 at 8:13 PM Tenorgil wrote: > > Can you clarify this phrase > > You can basically do whatever you want, as long as you are not a company with > shareholders employing lots of people > > What does it mean if “you” (presumably a person) is not a company (a legal > concept). If

Re: [License-discuss] OSI definition

2021-01-17 Thread Tenorgil
Can you clarify this phrase You can basically do whatever you want, as long as you are not a company with shareholders employing lots of people What does it mean if “you” (presumably a person) is not a company (a legal concept). If all the employees

Re: [License-discuss] OSI definition

2021-01-17 Thread McCoy Smith
21 4:06 PM > To: license-discuss@lists.opensource.org > Subject: [License-discuss] OSI definition > > The Open Source Definition (Annotated) is located on the internet at > https://opensource.org/osd-annotated > > Section 5, 'No Discrimination Against Persons or Groups' states, 'T

Re: [License-discuss] OSI definition

2021-01-17 Thread David Woolley
On 17/01/2021 00:05, Mat K. Witts wrote: employing more people than the license allows Open source licence cannot limit the number of people allowed. ___ The opinions expressed in this email are those of the sender and not necessarily those of the

[License-discuss] OSI definition

2021-01-17 Thread Mat K. Witts
The Open Source Definition (Annotated) is located on the internet at https://opensource.org/osd-annotated Section 5, 'No Discrimination Against Persons or Groups' states, 'The license must not discriminate against any person or group of persons'. The Rationale concludes: '[...] we forbid any