John, once again you state the obvious to support an invalid argument:
> By the same token, the GPL is a standard open-source license and the
> Motosoto Open Source License is not, though both are equally OSI certified.

Do you expect anyone to argue that the GPL isn't the most widely used and 
popular open source license (although its author might quarrel with the phrase 
"open source" much as I do to the word "standard")? I'm also comfortable with 
the suggestion that the Motosoto license is an irrelevancy in the software 
industry. If your FAQ wants to say that, do so. 

The GPL might also be "standard" in the way that Richard Fontana carefully used 
that term, but not as your phrase "standard license" implies. I affirm Richard 
Fontana's interpretation of my earlier note, that OSI often and incorrectly 
uses the word "standard" to mean "popular" -- and that's not good.  

Popularity and wide use do not a good standard make! Shall I recount the 
document format wars as an example where the widespread popularity of one 
standard (fostered by a big company with influence) was successfully fought by 
a smaller upstart who purportedly did things better? 

OSI's long-running attempt to reduce the number of open source licenses in 
widespread use doesn't turn OSI into a standards organization, merely advocates 
for easy answers to complex legal questions....

/Larry


-----Original Message-----
From: John Cowan [mailto:co...@mercury.ccil.org] 
Sent: Monday, April 28, 2014 9:10 AM
To: lro...@rosenlaw.com; license-discuss@opensource.org
Subject: Re: [License-discuss] FAQ entry (and potential website page?) on "why 
standard licenses"?

Lawrence Rosen scripsit:

> > Mind you, OSI has described itself as a standards body for open 
> > source licenses for a long time, see http://opensource.org/about (I 
> > believe that text used to be on the home page).
> 
> Perhaps, but that term has thus been misused. There is absolutely 
> nothing about OSI – its governance policies, its procedures, its 
> membership rules, its board selections, or its activities – that would 
> in any sense qualify OSI as a standards organization.

I agree that OSI is not a standards organization *for* licenses.
It has only one standard, the OSD.  But by virtue of that, it is a 
standards-defining organization.  There are thousands of SSOs (as distinct from 
ISO and the various national standards bodies), and their organizational 
structures are extremely diverse, from industry consortia to closely held 
companies.

The main OSI activity, of course, is not standards setting or even standards 
maintenance, but certification.  It may be compared in a small way to UL, which 
both defines standards and certifies a great many products for compliance to 
them.

> I'm not quarreling with OSI's attempt to get everyone to use approved 
> licenses, but I have long challenged your attempts to steer people 
> toward some subset of those licenses. Especially if you hint that they 
> are in any way, shape or form "standard" licenses.  That's overreach 
> for which you are not legally qualified.

Nonsense.  I and my friend George can constitute ourselves as an SSO with no 
formal legal relationship whatsoever, jointly issue standards for whatever we 
want, and even certify products for compliance with those standards.  Nobody 
has to listen to us, of course.  Indeed, the Scheme language is standardized by 
a process that is only one step up from this (as distinct from Fortran or C, 
which are ISO standards).  Not that programming languages necessarily need 
standards:  Perl 5 has none.

Furthermore, the term "standard" is a regular part of Standard English and may 
be used freely by anyone.  (Indeed, Standard English itself is a standard in 
every sense despite the complete lack of anything resembling a 
standards-setting organization for it.)  By the same token, the GPL is a 
standard open-source license and the Motosoto Open Source License is not, 
though both are equally OSI certified.

-- 
John Cowan          http://www.ccil.org/~cowan        co...@ccil.org
In politics, obedience and support are the same thing.  --Hannah Arendt

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