On 3/15/20 10:06 PM, McCoy Smith wrote:

*From:* License-discuss <[email protected]> *On Behalf Of *Coraline Ada Ehmke
*Sent:* Sunday, March 15, 2020 5:45 PM
*To:* [email protected]
*Subject:* Re: [License-discuss] How can we as a community help empower authors outside license agreements?



    On Mar 15, 2020, at 7:26 PM, Brendan Hickey
    <[email protected] <mailto:[email protected]>>
    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 value from the software.”

So asking for voluntary donations or code contributions is verboten? What about all those projects signed up with Tidelift and OpenCollective, are they not open source anymore?

“Voluntary” modifies “support” not “remuneration” or “financial consideration”

And “shall not” in OSD 1 is the opposite of “may” in ESD 7.

Or to simply matters, a license that says “Exercise of the license rights is conditioned upon You paying me fair compensation” would satisfy ESD 7 but violate both OSD 1 and the FSD 2 & 3 (“Freedom to distribute (freedoms 2 and 3) means you are free to redistribute copies, either with or without modifications, either gratis or charging a fee for distribution, to anyone anywhere <https://www.gnu.org/philosophy/free-sw.html#exportcontrol>. Being free to do these things means (among other things) that you do not have to ask or **pay for permission to do so.**”)

If it's not clear already, I have a very low opinion of any attempt to convert Open Source into Ethical Open Source, but this whole clause means nothing. "Encourage" implies a lack of requirement. "Request" implies that a refusal is possible. "voluntary" applies to all forms of remuneration.

It's a stupid clause. It should simply be removed.


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