On Tuesday 12 March 2002  4:07 am, Andy Tai wrote:
> While this license probably is open source, 

My reading of the license and the OSD suggests to me that it 
isn't.

OSD, para 1: The license shall not restrict any party from 
selling or giving away the software [...]

License, 3 (c): The license under which the derivative work 
is distributed must expressly prohibit the distribution of 
further derivative works.

This restricts people from selling or giving away the software,
because it imposes a restrictive term on how they can give it 
away.

> (One could even say this license is not open source
> because it discriminates against people doing GPL
> development, but this argument may not be very
> strong.)

You could equally argue that the GPL discriminates against people
writing proprietary software. That clause isn't intended to be 
read that way.

-- 
<"><"><"> Philip Hunt <[EMAIL PROTECTED]> <"><"><">
"I would guess that he really believes whatever is politically 
advantageous for him to believe." 
                        -- Alison Brooks, referring to Michael
                              Portillo, on soc.history.what-if
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