Re: [License-discuss] Open source license chooser choosealicense.com launched.

2013-08-29 Thread Gwyn Murray
What she said.  

Gwyn


On Aug 28, 2013, at 12:23 PM, Roberta Cairney 
roberta.cair...@cairneylawoffices.com wrote:

 For what it is worth, I am a lawyer that does work in the open source world 
 and I have found the recent discussions, including the Rosen/Kuhn dialog, to 
 be among the interesting and valuable discussions that I've seen on this list 
 in a while.
 And yes, I have been doing open source work long enough to appreciate the 
 fact that it's not the first time that these issues have come up--the 
 discussion still has value.
 
 
 From: Lawrence Rosen lro...@rosenlaw.com
 To: license-discuss@opensource.org 
 Sent: Wednesday, August 28, 2013 8:37 AM
 Subject: Re: [License-discuss] Open source license chooser choosealicense.com 
 launched.
 
 Hi Luis,
 
 I refuse your request to be silent. What is more important to this list than
 this discussion? I won't just sit here like a lump while Bradley and others
 continue to encourage OSI to accept erroneous theories about license
 proliferation and while various groups implement FOSS license choosers
 that ignore legal analysis.
 
 If you believe that this or any other list is overflowing, open your drain
 wider.
 
 /Larry
 
 
 -Original Message-
 From: Luis Villa [mailto:l...@lu.is] 
 Sent: Wednesday, August 28, 2013 8:26 AM
 To: License Discuss; Lawrence Rosen; Bradley M. Kuhn
 Subject: Re: [License-discuss] Open source license chooser
 choosealicense.com launched.
 
 On Tue, Aug 27, 2013 at 9:14 AM, Bradley M. Kuhn bk...@ebb.org wrote:
 
  I don't think we need to (or should have) this debate (again) here
 
 Yes, please, let's not rehash this discussion here. It's been done many
 times, and the list is already overflowing this week.
 
 Luis
 
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Re: [License-discuss] Open source license chooser choosealicense.com launched.

2013-08-28 Thread Luis Villa
On Tue, Aug 27, 2013 at 9:14 AM, Bradley M. Kuhn bk...@ebb.org wrote:

 I don't think we need to (or should have) this debate (again) here

Yes, please, let's not rehash this discussion here. It's been done
many times, and the list is already overflowing this week.

Luis
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Re: [License-discuss] Open source license chooser choosealicense.com launched.

2013-08-28 Thread Lawrence Rosen
Hi Luis,

I refuse your request to be silent. What is more important to this list than
this discussion? I won't just sit here like a lump while Bradley and others
continue to encourage OSI to accept erroneous theories about license
proliferation and while various groups implement FOSS license choosers
that ignore legal analysis.

If you believe that this or any other list is overflowing, open your drain
wider.

/Larry


-Original Message-
From: Luis Villa [mailto:l...@lu.is] 
Sent: Wednesday, August 28, 2013 8:26 AM
To: License Discuss; Lawrence Rosen; Bradley M. Kuhn
Subject: Re: [License-discuss] Open source license chooser
choosealicense.com launched.

On Tue, Aug 27, 2013 at 9:14 AM, Bradley M. Kuhn bk...@ebb.org wrote:

 I don't think we need to (or should have) this debate (again) here

Yes, please, let's not rehash this discussion here. It's been done many
times, and the list is already overflowing this week.

Luis

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Re: [License-discuss] Open source license chooser choosealicense.com launched.

2013-08-28 Thread Roberta Cairney
For what it is worth, I am a lawyer that does work in the open source world and 
I have found the recent discussions, including the Rosen/Kuhn dialog, to be 
among the interesting and valuable discussions that I've seen on this list in a 
while.
And yes, I have been doing open source work long enough to appreciate the fact 
that it's not the first time that these issues have come up--the discussion 
still has value.





 From: Lawrence Rosen lro...@rosenlaw.com
To: license-discuss@opensource.org 
Sent: Wednesday, August 28, 2013 8:37 AM
Subject: Re: [License-discuss] Open source license chooser choosealicense.com 
launched.
 

Hi Luis,

I refuse your request to be silent. What is more important to this list than
this discussion? I won't just sit here like a lump while Bradley and others
continue to encourage OSI to accept erroneous theories about license
proliferation and while various groups implement FOSS license choosers
that ignore legal analysis.

If you believe that this or any other list is overflowing, open your drain
wider.

/Larry


-Original Message-
From: Luis Villa [mailto:l...@lu.is] 
Sent: Wednesday, August 28, 2013 8:26 AM
To: License Discuss; Lawrence Rosen; Bradley M. Kuhn
Subject: Re: [License-discuss] Open source license chooser
choosealicense.com launched.

On Tue, Aug 27, 2013 at 9:14 AM, Bradley M. Kuhn bk...@ebb.org wrote:

 I don't think we need to (or should have) this debate (again) here

Yes, please, let's not rehash this discussion here. It's been done many
times, and the list is already overflowing this week.

Luis

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Re: [License-discuss] Open source license chooser choosealicense.com launched.

2013-08-28 Thread Rick Moen
Quoting Luis Villa (l...@lu.is):

 Yes, please, let's not rehash this discussion here. It's been done
 many times, and the list is already overflowing this week.

I'd actually be interested in Bradley or Eben pointing to any caselaw
that supports their view.  It's a fair, interesting, and relevant
question, and I'd really like to know the answer.  If it turns out that
the answer is 'That's not been adjudicated in any directly relevant
manner, but here are the reasons we think it will work the way we have
been claiming for many years', that would be interesting and worth
hearing, too.

If Bradley (and/or Eben) just don't want to address that question for
whatever reason fair enough.  It's their time and effort to use as they
wish.  However, no harm raising it.

And, like Larry, I'm not seeing any overwhelming flood of mailing list
traffic.
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Re: [License-discuss] Open source license chooser choosealicense.com launched.

2013-08-27 Thread Bradley M. Kuhn
Larry,

Lawrence Rosen wrote at 18:29 (EDT) on Saturday:
 Just don't try to create *derivative works* by mixing them in that
 special and unusual way. ...  How often is it truly necessary to make
 *derivative works* by intermixing software?

I don't think we need to (or should have) this debate (again) here, but
I will point out for those following the thread (in case anyone still is
:) that your theory about the rarity of derivative work creation isn't
shared by most (including me) in the field of Free Software licensing.

I note that your entire argument about the ease of compatibility is
predicated on your notion that creating a derivative work rarely happens
in practice.  Thus, I hope you can see that if we disagree on that
fundamental point, we're going to come to very different conclusions
about license compatibility.
-- 
   -- bkuhn
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Re: [License-discuss] Open source license chooser choosealicense.com launched.

2013-08-27 Thread Lawrence Rosen
Bradley Kuhn wrote:
 I don't think we need to (or should have) this debate (again) here, 
 but I will point out for those following the thread (in case anyone still
is :) 
 that your theory about the rarity of derivative work creation isn't 
 shared by most (including me) in the field of Free Software licensing.

I asked for practical examples. You cited none. In the world of copyrights
or most logical pursuits, absence of evidence isn't evidence.

 I note that your entire argument about the ease of compatibility is
 predicated on your notion that creating a derivative work rarely happens
 in practice.  

Awaiting your evidence to the contrary

 Thus, I hope you can see that if we disagree on that fundamental point, 
 we're going to come to very different conclusions about license
compatibility.

Not entirely, although you and I have disagreed so often in the past that
you missed a major point I made. Most FOSS licenses (including the GPL!)
don't actually define the term derivative work with enough precision to
make it meaningful for court interpretation. The court will therefore use
the statutory and case law to determine that situation. Lawyers will lead
the discussion, not engineers. although this list may still listen to your
opinion. Our different conclusions won't matter to the judge, though, and
we will have to wait for that court case to arrive. In the FOSS situation,
to the best of my knowledge, nobody (including your group) has ever sued
anyone over the creation of a derivative work. Unless you have evidence to
the contrary, *derivative works* analysis has never mattered to any FOSS
court case

More important, all major FOSS licenses that I'm aware of *except the GPL*
make it abundantly clear that the mere combination of that licensed software
with other software (FOSS or non-FOSS) does not affect (infect?) the other
software. So regardless of what you personally believe and will argue about,
those other FOSS licensors are quite comfortable having their software
intermixed (in the collective work sense). None of those other licensors
have, to my knowledge, ever sued for infringement on the derivative work
theory because of incompatible FOSS licenses.

So what's the worry about license incompatibility all about?  Is it merely
that so many licenses are deemed incompatible with the GPL, even though
those other FOSS license are not incompatible with each other in any
important way? If you take the GPL *linking issue* out of the equation,
almost all FOSS software is compatible with all other software (in the legal
sense). It is no big whoop.

/Larry


-Original Message-
From: Bradley M. Kuhn [mailto:bk...@ebb.org] 
Sent: Tuesday, August 27, 2013 9:15 AM
To: license-discuss@opensource.org
Subject: Re: [License-discuss] Open source license chooser
choosealicense.com launched.

Larry,

Lawrence Rosen wrote at 18:29 (EDT) on Saturday:
 Just don't try to create *derivative works* by mixing them in that 
 special and unusual way. ...  How often is it truly necessary to make 
 *derivative works* by intermixing software?

I don't think we need to (or should have) this debate (again) here, but I
will point out for those following the thread (in case anyone still is
:) that your theory about the rarity of derivative work creation isn't
shared by most (including me) in the field of Free Software licensing.

I note that your entire argument about the ease of compatibility is
predicated on your notion that creating a derivative work rarely happens in
practice.  Thus, I hope you can see that if we disagree on that fundamental
point, we're going to come to very different conclusions about license
compatibility.
-- 
   -- bkuhn
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Re: [License-discuss] Open source license chooser choosealicense.com launched.

2013-08-24 Thread Lawrence Rosen
Bradley Kuhn wrote:
 The main community problem with proliferation is license
incompatibility.  

Hi Bradley,

That also exaggerates the problem. FOSS licenses are not generally
incompatible with each other for most important purposes. Except perhaps for
the GPL (because of the *linking* issue), anyone can create functional
collections of FOSS programs at will. Just don't try to create *derivative
works* by mixing them in that special and unusual way. 

There is no reason whatsoever why people can't combine MPL and CPL and OSL
and Apache and MIT and BSD (etc., etc.) FOSS programs with each other. And
even for the GPL, as with GPLv2 Linux or JBoss where the author states the
*linking* exception clearly, one can even combine that software into
collective works. 

How often is it truly necessary to make *derivative works* by intermixing
software? When was the last time you intermixed an Apache Open Office module
with a Linux driver, or a Mozilla plugin with an Eclipse tool, such as to
create a derivative work? But feel free to *combine* Open Office with Linux
with Mozilla with Eclipse to your heart's content. They are definitely not
incompatible in that way!

/Larry

-Original Message-
From: Bradley M. Kuhn [mailto:bk...@ebb.org] 
Sent: Friday, August 23, 2013 9:20 AM
To: license-discuss@opensource.org
Subject: Re: [License-discuss] Open source license chooser
choosealicense.com launched.

Lawrence Rosen wrote at 16:47 (EDT) on Tuesday:
 Perhaps, but the license proliferation issue is not quite helpful when 
 phrased that way. It isn't that MORE licenses are necessarily bad. 
 Instead, say that the proliferation of BAD (or me-too or 
 un-templated or legally questionable) licenses is bad.

The main community problem with proliferation is license incompatibility.
Mozilla Foundation and the FSF did some great work together to reconcile the
compatibility issues of the two most popular copylefts.  We need to ensure
that future license fit in the main compatibility, which I view as (from
weakest copyleft to strongest):

ISC = 2-clause-BSD = permissive-MIT License = Apache License = MPL =
LGPL = GPL = Affero GPL

If new licenses can't drop in somewhere along that spectrum, it's a
proliferation problem, IMO.

I suspect, however, that for-profit corporate folks would disagree with this
as the primary problem here.  I know that company's legal department really
want to keep the license texts they must review quite low, and ISTR that was
the biggest complaint about license proliferation from for-profit entities.

It's hard to blame newcomers for wanting to draft their own licenses, as I
think it's highly difficult to become part of the Free Software license
policy discussion about existing licenses in practice *even* for would-be
insiders.
-- 
   -- bkuhn
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Re: [License-discuss] Open source license chooser choosealicense.com launched.

2013-08-23 Thread Bradley M. Kuhn
 Bradley M. Kuhn scripsit:
 This can be tested now: try it and see if choosealicense.com accepts
 the patches.

John Cowan wrote at 12:30 (EDT) on Thursday:
 I am very disinclined to go to the effort of integrating my ideas (the
actual code, which is plain HTML, is not relevant) into Github's
code, absent some indication that they would be willing to adopt a more
even-handed approach.  I suspect that they favor permissive licenses
for business reasons, as they encourage forking.

I can't blame you for this.   While I put the idea on my TODO list, I
left it very low priority for basically the same reasons you state
above.
-- 
   -- bkuhn
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Re: [License-discuss] Open source license chooser choosealicense.com launched.

2013-08-23 Thread Bradley M. Kuhn
Lawrence Rosen wrote at 16:47 (EDT) on Tuesday:
 Perhaps, but the license proliferation issue is not quite helpful when
 phrased that way. It isn't that MORE licenses are necessarily
 bad. Instead, say that the proliferation of BAD (or me-too or
 un-templated or legally questionable) licenses is bad.

The main community problem with proliferation is license
incompatibility.  Mozilla Foundation and the FSF did some great work
together to reconcile the compatibility issues of the two most popular
copylefts.  We need to ensure that future license fit in the main
compatibility, which I view as (from weakest copyleft to strongest):

ISC = 2-clause-BSD = permissive-MIT License = Apache License = MPL = LGPL 
= GPL = Affero GPL

If new licenses can't drop in somewhere along that spectrum, it's a
proliferation problem, IMO.

I suspect, however, that for-profit corporate folks would disagree with
this as the primary problem here.  I know that company's legal department
really want to keep the license texts they must review quite low, and ISTR
that was the biggest complaint about license proliferation from for-profit
entities.

It's hard to blame newcomers for wanting to draft their own licenses, as
I think it's highly difficult to become part of the Free Software license
policy discussion about existing licenses in practice *even* for
would-be insiders.
-- 
   -- bkuhn
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Re: [License-discuss] Open source license chooser choosealicense.com launched.

2013-08-22 Thread Bradley M. Kuhn
Pamela Chestek wrote at 09:54 (EDT) on Monday:
 And the major substantive aspects are what is captured in the summary.

A major issue, I think, is that most people are really bad at writing
good summaries of licenses.

FWIW, a group of user interface researchers who have worked with Free
Software extensively offered years ago to help draft user interface
documents/systems that would help navigate an annotated text of various
popular Free Software licenses and explain what they mean in a way
that's grokkable by those who don't read licenses for a living.

I asked many lawyers/licensing experts whom I knew at the time to
volunteer to help on this project, and I sadly couldn't get anyone
interested.  The project died before it began.

If there's interest in this again, I could start a thread off-list.
Email me if you're interested in helping in this sort of effort, and
I'll start the thread, but please be serious and ready to put time
forward -- as I don't want to waste these researchers' time with another
false start.

-- 
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Re: [License-discuss] Open source license chooser choosealicense.com launched.

2013-08-22 Thread Bradley M. Kuhn
Pamela Chestek wrote at 12:18 (EDT) on Sunday:
 Why cannot an advocate for each license write a short blurb with the
 benefits and burdens of their own license? I don't think there's
 anything wrong with all the choices being positively-biased.

This can be tested now: try it and see if choosealicense.com accepts the
patches.

-- 
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Re: [License-discuss] Open source license chooser choosealicense.com launched.

2013-08-22 Thread Ben Tilly
The GPLv3 is a rewritten GPLv2 which is less US specific, and addresses
additional copyleft weaknesses.


On Mon, Aug 19, 2013 at 10:48 AM, Engel Nyst engel.n...@gmail.com wrote:

 Hello license-discuss,


 On 08/18/2013 04:38 AM, Richard Fontana wrote:

 Independent of this point, I'm concerned about inaccurate statements
 made on the choosealicense.com site (one that we talked about was the
 assertion that GPLv3 restricts use in hardware that forbids software
 alterations).


 Please allow me to ask the impossible question: how would you write the
 summary of GPLv3 vs GPLv2 in 8-16 words?

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Re: [License-discuss] Open source license chooser choosealicense.com launched.

2013-08-22 Thread Lawrence Rosen
Pamela Chestek wrote:
 I'm still having a hard time reconciling this with the also-held belief
that 
 license proliferation is bad.

Perhaps, but the license proliferation issue is not quite helpful when
phrased that way. It isn't that MORE licenses are necessarily bad. Instead,
say that the proliferation of BAD (or me-too or un-templated or legally
questionable) licenses is bad.  

Perhaps we might conclude that there aren't enough GOOD licenses on the
various Recommended lists.

The problem on this discussion forum is that hardly anyone (including me!)
is qualified to tell the difference between GOOD and BAD licenses, since
that depends more on the client's needs than the recommender's
predilections.

 I think instead you want licenses to be readily adopted based on decision
 about the major substantive aspects and the rest of it just falls where it
falls.
 And the major substantive aspects are what is captured in the summary.

Go ahead and write license summaries. That may be useful. I've done that for
my own licenses and even for  some licenses I didn't create. But don't try
to make it seem a trivial matter for software developers to license their
software by giving them a simple-minded license chooser. That's less than
helpful. If a lawyer posted such a license chooser that didn't consider the
unique requirements of the client, it might be considered legal malpractice.
Unless there were so many disclaimers as to make it useless advice on other
grounds!

/Larry


-Original Message-
From: Pamela Chestek [mailto:pam...@chesteklegal.com] 
Sent: Monday, August 19, 2013 6:54 AM
To: license-discuss@opensource.org
Subject: Re: [License-discuss] Open source license chooser
choosealicense.com launched.

On 8/18/2013 10:21 PM, Richard Fontana wrote:

 I really believe it is best for anyone to try to read the actual 
 license in question. A summary can be a reasonable starting point, but 
 it especially bothers me if it is distorted (as I think it may almost 
 always be) by political or cultural bias.
This can be fixed. Github has asked for patches and no one has reported
having a patch rejected.
 Also, if a license is really
 too difficult to understand, that is itself useful (for the would-be 
 licensor and for the license steward) to find out.

I'm still having a hard time reconciling this with the also-held belief that
license proliferation is bad. So you would like people to read and
comprehend, we'll say conservatively the 11 Popular Licenses, and find one
that has the major substantive aspects they want but that also does not have
any aspect that could use some tweaking for their own business model -- say,
for example, a delayed release date of source code, which will mean they
will write another license, or find another obscure license that does what
they want but is obscure for a reason.

I think instead you want licenses to be readily adopted based on decision
about the major substantive aspects and the rest of it just falls where it
falls.  And the major substantive aspects are what is captured in the
summary.

Pam

Pamela S. Chestek, Esq.
Chestek Legal
PO Box 2492
Raleigh, NC 27602
919-800-8033
pam...@chesteklegal.com
www.chesteklegal.com
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Re: [License-discuss] Open source license chooser choosealicense.com launched.

2013-08-22 Thread Richard Fontana
On Tue, Aug 20, 2013 at 03:01:24AM -0400, Richard Fontana wrote:
 license oompatibility, 

License compatibility, that is. :)


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Re: [License-discuss] Open source license chooser choosealicense.com launched.

2013-08-22 Thread John Cowan
Bradley M. Kuhn scripsit:

 This can be tested now: try it and see if choosealicense.com accepts
 the patches.

I am very disinclined to go to the effort of integrating my ideas
(the actual code, which is plain HTML, is not relevant) into Github's
code, absent some indication that they would be willing to adopt a more
even-handed approach.  I suspect that they favor permissive licenses
for business reasons, as they encourage forking.

-- 
Is not a patron, my Lord [Chesterfield],John Cowan
one who looks with unconcern on a man   http://www.ccil.org/~cowan
struggling for life in the water, and when  co...@ccil.org
he has reached ground encumbers him with help?
--Samuel Johnson
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Re: [License-discuss] Open source license chooser choosealicense.com launched.

2013-08-20 Thread Rick Moen
Quoting Engel Nyst (engel.n...@gmail.com):

 Please allow me to ask the impossible question: how would you write
 the summary of GPLv3 vs GPLv2 in 8-16 words?

  'I have written a truly remarkable comparison, 
  which, alas, this margin is too small to contain.'
 -- apologies to Pierre de Fermat
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Re: [License-discuss] Open source license chooser choosealicense.com launched.

2013-08-20 Thread Pamela Chestek

On 8/19/2013 1:48 PM, Engel Nyst wrote:

Hello license-discuss,

Please allow me to ask the impossible question: how would you write 
the summary of GPLv3 vs GPLv2 in 8-16 words?


No need to be so parsimonious -- the current blurb is 44 words.

Pam

Pamela S. Chestek, Esq.
Chestek Legal
PO Box 2492
Raleigh, NC 27602
919-800-8033
pam...@chesteklegal.com
www.chesteklegal.com
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Re: [License-discuss] Open source license chooser choosealicense.com launched.

2013-08-20 Thread Richard Fontana
On Mon, Aug 19, 2013 at 08:48:06PM +0300, Engel Nyst wrote:
 Hello license-discuss,
 
 On 08/18/2013 04:38 AM, Richard Fontana wrote:
 Independent of this point, I'm concerned about inaccurate statements
 made on the choosealicense.com site (one that we talked about was the
 assertion that GPLv3 restricts use in hardware that forbids software
 alterations).
 
 Please allow me to ask the impossible question: how would you write
 the summary of GPLv3 vs GPLv2 in 8-16 words?

GPLv3 is lengthier, with additional provisions concerning patents,
'Tivoization', anticircumvention law, license oompatibility, and
cure.

- RF

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Re: [License-discuss] Open source license chooser choosealicense.com launched.

2013-08-19 Thread Richard Fontana
On Sun, Aug 18, 2013 at 11:10:52AM -0400, Pamela Chestek wrote:
 On 8/17/2013 9:38 PM, Richard Fontana wrote:
 
 Speaking just for myself, it is difficult for me to imagine any
 license chooser or license explanation site that I wouldn't think was
 more problematic than useful. Linking to a *wide* variety of license
 choosers or summary sites with a very strong caveat emptor statement
 might be okay.
 
 Because you are so intimately familiar with the licenses and know every 
 feature
 and blemish, so you seek the perfect when maybe we should only aspire to the
 better-than-nothing. Maybe not; I read your slides and take your point that
 nothing isn't really all that scary. 

I really believe it is best for anyone to try to read the actual
license in question. A summary can be a reasonable starting point, but
it especially bothers me if it is distorted (as I think it may almost
always be) by political or cultural bias. Also, if a license is really
too difficult to understand, that is itself useful (for the would-be
licensor and for the license steward) to find out. 

- RF
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Re: [License-discuss] Open source license chooser choosealicense.com launched.

2013-08-19 Thread Jim Jagielski
The problem/issue is that it is difficult to address licenses
without, imo at least, the politics of said license leaking
in.

It is difficult to write things without personal biases filtering
out, something which happens with me fwiw.

On Aug 17, 2013, at 8:59 PM, Bradley M. Kuhn bk...@ebb.org wrote:

 Bradley M. Kuhn scripsit:
 Richard Fontana pointed out in his OSCON talk that license choosers
 generally make political statements about views of licenses.  He used
 the GitHub chooser as an example, which subtly pushes people toward
 permissive licenses.
 
 John Cowan wrote at 09:49 (EDT):
 Surely he jests.  Choosealicense.com *blatantly* pushes people toward
 the MIT license.
 
 :)  Fontana has been known to jest.
 
 Still, my view is that it's tough to compliance about this; the
 choosealicense.com site says patches welcome, so we should offer them.
 
 I don't believe, however, that my chooser http://ccil.org/~cowan/floss
 has any such biases.
 
 John, have you considered offering text from your license chooser as a
 patch to chosealicense.com?  I think it'd be good to test their claim
 that they want contribution, and you seem the right person to do it,
 since you've worked on this problem before.
 
 -- 
   -- bkuhn
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Re: [License-discuss] Open source license chooser choosealicense.com launched.

2013-08-19 Thread Pamela Chestek

On 8/18/2013 10:21 PM, Richard Fontana wrote:


I really believe it is best for anyone to try to read the actual
license in question. A summary can be a reasonable starting point, but
it especially bothers me if it is distorted (as I think it may almost
always be) by political or cultural bias.
This can be fixed. Github has asked for patches and no one has reported 
having a patch rejected.

Also, if a license is really
too difficult to understand, that is itself useful (for the would-be
licensor and for the license steward) to find out.

I'm still having a hard time reconciling this with the also-held belief 
that license proliferation is bad. So you would like people to read and 
comprehend, we'll say conservatively the 11 Popular Licenses, and find 
one that has the major substantive aspects they want but that also does 
not have any aspect that could use some tweaking for their own business 
model -- say, for example, a delayed release date of source code, which 
will mean they will write another license, or find another obscure 
license that does what they want but is obscure for a reason.


I think instead you want licenses to be readily adopted based on 
decision about the major substantive aspects and the rest of it just 
falls where it falls.  And the major substantive aspects are what is 
captured in the summary.


Pam

Pamela S. Chestek, Esq.
Chestek Legal
PO Box 2492
Raleigh, NC 27602
919-800-8033
pam...@chesteklegal.com
www.chesteklegal.com
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Re: [License-discuss] Open source license chooser choosealicense.com launched.

2013-08-19 Thread Tzeng, Nigel H.
Speaking for myself I find the CC mechanism and license chooser quite nice
and not problematic at all for the vast majority of use cases.

On 8/17/13 9:38 PM, Richard Fontana font...@sharpeleven.org wrote:


Speaking just for myself, it is difficult for me to imagine any
license chooser or license explanation site that I wouldn't think was
more problematic than useful. Linking to a *wide* variety of license
choosers or summary sites with a very strong caveat emptor statement
might be okay.

 - RF

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Re: [License-discuss] Open source license chooser choosealicense.com launched.

2013-08-19 Thread Engel Nyst

Hello license-discuss,

On 08/18/2013 04:38 AM, Richard Fontana wrote:

Independent of this point, I'm concerned about inaccurate statements
made on the choosealicense.com site (one that we talked about was the
assertion that GPLv3 restricts use in hardware that forbids software
alterations).


Please allow me to ask the impossible question: how would you write the 
summary of GPLv3 vs GPLv2 in 8-16 words?

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Re: [License-discuss] Open source license chooser choosealicense.com launched.

2013-08-18 Thread Bradley M. Kuhn
 Bradley M. Kuhn scripsit:
 Richard Fontana pointed out in his OSCON talk that license choosers
 generally make political statements about views of licenses.  He used
 the GitHub chooser as an example, which subtly pushes people toward
 permissive licenses.

John Cowan wrote at 09:49 (EDT):
 Surely he jests.  Choosealicense.com *blatantly* pushes people toward
 the MIT license.

:)  Fontana has been known to jest.

Still, my view is that it's tough to compliance about this; the
choosealicense.com site says patches welcome, so we should offer them.

 I don't believe, however, that my chooser http://ccil.org/~cowan/floss
 has any such biases.

John, have you considered offering text from your license chooser as a
patch to chosealicense.com?  I think it'd be good to test their claim
that they want contribution, and you seem the right person to do it,
since you've worked on this problem before.

-- 
   -- bkuhn
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Re: [License-discuss] Open source license chooser choosealicense.com launched.

2013-08-18 Thread Richard Fontana
On Thu, Aug 15, 2013 at 10:17:47AM -0400, Bradley M. Kuhn wrote:
 Sorry for posting a month late on this thread [I hadn't poked into the
 folder for this list in some time], but I didn't see a consensus and
 wanted to add my $0.02.
 
 Luis Villa wrote on 16 July:
  In the long-term, I'd actually like OSI to promote a license chooser
  of its own. But in the meantime I'm pretty OK with linking to a
  variety of license choosers.
 
 Richard Fontana pointed out in his OSCON talk that license choosers
 generally make political statements about views of licenses.  He used
 the GitHub chooser as an example, which subtly pushes people toward
 permissive licenses.
 
 I was told GitHub's chooser accepts patches, and I was planning at some
 point to try to patch out this bias myself and see if my patch was
 accepted -- but of course any patch I produce is going to have subtle
 copyleft biases -- which I think was Fontana's point.
 
 (Fontana, do I have that right?)

It is fairly obvious that the GitHub site's presentation of what
licenses it recommends, and why, is politically biased, though I
wouldn't say it subtly pushes people toward permissive licenses.
Rather, the impression I get is that it was originally designed to
blatantly encourage non-copyleft licenses but threw in the GPL in its
top three recommended licenses as a kind of simple political
concession.

It is certainly true that any patch you make will reflect your own
political biases and maybe this is difficult for anyone to avoid
unless they either struggle to overcome or correct for bias or don't
have any bias to begin with.

Independent of this point, I'm concerned about inaccurate statements
made on the choosealicense.com site (one that we talked about was the
assertion that GPLv3 restricts use in hardware that forbids software
alterations). This is a general problem with all efforts I have seen
to summarize or provide simplified explanations of licenses, and it
happens even where the summary is provided by the license steward.

 Therefore, I think OSI should likely avoid license chooser lest OSI
 end up in the quagmire of taking a position in the copyleft/permissive
 debates.

Speaking just for myself, it is difficult for me to imagine any
license chooser or license explanation site that I wouldn't think was
more problematic than useful. Linking to a *wide* variety of license
choosers or summary sites with a very strong caveat emptor statement
might be okay.

 - RF
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Re: [License-discuss] Open source license chooser choosealicense.com launched.

2013-08-18 Thread Pamela Chestek

On 8/17/2013 9:38 PM, Richard Fontana wrote:

Speaking just for myself, it is difficult for me to imagine any
license chooser or license explanation site that I wouldn't think was
more problematic than useful. Linking to a*wide*  variety of license
choosers or summary sites with a very strong caveat emptor statement
might be okay.
Because you are so intimately familiar with the licenses and know every 
feature and blemish, so you seek the perfect when maybe we should only 
aspire to the better-than-nothing. Maybe not; I read your slides and 
take your point that nothing isn't really all that scary. But I'm 
having a little difficulty reconciling the concepts that a narrower 
choice of tested licenses is better (i.e., license proliferation is bad) 
but we're not going to help you understand how these licenses work so 
you can make a better-informed, albeit perhaps not perfect, choice.


Pam

Pamela S. Chestek, Esq.
Chestek Legal
PO Box 2492
Raleigh, NC 27602
919-800-8033
pam...@chesteklegal.com
www.chesteklegal.com
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Re: [License-discuss] Open source license chooser choosealicense.com launched.

2013-08-18 Thread Pamela Chestek

On 8/15/2013 10:17 AM, Bradley M. Kuhn wrote:

I was told GitHub's chooser accepts patches, and I was planning at some
point to try to patch out this bias myself and see if my patch was
accepted -- but of course any patch I produce is going to have subtle
copyleft biases -- which I think was Fontana's point.
Why cannot an advocate for each license write a short blurb with the 
benefits and burdens of their own license? I don't think there's 
anything wrong with all the choices being positively-biased.


Pam

Pamela S. Chestek, Esq.
Chestek Legal
PO Box 2492
Raleigh, NC 27602
919-800-8033
pam...@chesteklegal.com
www.chesteklegal.com
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Re: [License-discuss] Open source license chooser choosealicense.com launched.

2013-08-17 Thread John Cowan
Bradley M. Kuhn scripsit:

 Richard Fontana pointed out in his OSCON talk that license choosers
 generally make political statements about views of licenses.  He used
 the GitHub chooser as an example, which subtly pushes people toward
 permissive licenses.

Surely he jests.  Choosealicense.com *blatantly* pushes people toward
the MIT license.

I don't believe, however, that my chooser http://ccil.org/~cowan/floss
has any such biases.  Certainly I myself have no skin in the
permissive/GPL game, though I am against non-GPL non-permissive licenses
because they create islands in the overall software commons.  The GPL
commons, like Australia, is too big to be called an island.

-- 
Principles.  You can't say A is John Cowan co...@ccil.org
made of B or vice versa.  All mass  http://www.ccil.org/~cowan
is interaction.  --Richard Feynman
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Re: [License-discuss] Open source license chooser choosealicense.com launched.

2013-08-16 Thread Bradley M. Kuhn
Sorry for posting a month late on this thread [I hadn't poked into the
folder for this list in some time], but I didn't see a consensus and
wanted to add my $0.02.

Luis Villa wrote on 16 July:
 In the long-term, I'd actually like OSI to promote a license chooser
 of its own. But in the meantime I'm pretty OK with linking to a
 variety of license choosers.

Richard Fontana pointed out in his OSCON talk that license choosers
generally make political statements about views of licenses.  He used
the GitHub chooser as an example, which subtly pushes people toward
permissive licenses.

I was told GitHub's chooser accepts patches, and I was planning at some
point to try to patch out this bias myself and see if my patch was
accepted -- but of course any patch I produce is going to have subtle
copyleft biases -- which I think was Fontana's point.

(Fontana, do I have that right?)


Therefore, I think OSI should likely avoid license chooser lest OSI
end up in the quagmire of taking a position in the copyleft/permissive
debates.
-- 
   -- bkuhn
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Re: [License-discuss] Open source license chooser choosealicense.com launched.

2013-07-16 Thread Patrice-Emmanuel Schmitz
This guide ignores a FAQ or category (at least in non English-speaking
countries where local administrations have an obligation to refer to legal
instruments with a working value in their local language).
The license must have the same working value in English, Bulgarian,
Croatian, Czech, Danish, Dutch, Estonian, Finnish, French, German, Greek,
Hungarian, Irish, Italian, Latvian, Lithuanian, Maltese, Polish,
Portuguese, Romanian, Slovak, Slovene, Spanish, Swedish...
I know Chinese is still missing...
P-E.


2013/7/15 Karl Fogel kfo...@red-bean.com

 Some of you may have seen this already -- from Ben Balter (of GitHub):

   http://choosealicense.com/

 We may want to consider linking to it from OSI's FAQ, but it would be
 great to get people's opinions first.

 Ben's announcement is below:

   From: Ben Balter ben.bal...@github.com
   Subject: Choosing an open source license doesn't need to be scary --
 choosealicense.com
   To: mil-oss [probably among other places]
   Date: Mon, 15 Jul 2013 10:45:48 -0700 (PDT)

   Launched a small resource today, choosealicense.com to help software
   developers make the decision of which license to use when releasing
   software.

   The site itself is open source and I'd love any feedback / pull
   requests you may have. To make the process even easier, there's also
   now a license picker when creating a new repository on GitHub.com
   which will automatically add the license to the project.

   * The Site: http://choosealicense.com

   * The Source: https://github.com/github/choosealicense.com

   * Full Background:
 https://github.com/blog/1530-choosing-an-open-source-license

   Cheers and open source,
   - Ben
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-- 
Patrice-Emmanuel Schmitz
pe.schm...@googlemail.com
tel. + 32 478 50 40 65
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Re: [License-discuss] Open source license chooser choosealicense.com launched.

2013-07-15 Thread John Cowan
Karl Fogel scripsit:

   http://choosealicense.com/
 
 We may want to consider linking to it from OSI's FAQ, but it would be
 great to get people's opinions first.

While I am obviously just me and not GitHub, and my site is not as
pretty, I would also ask the OSI to look at http://ccil.org/~cowan/floss
as a license-choosing resource.  Historically OSI has shyed away from
such things because they involve recommending licenses without being
lawyers, and also suggest that some licenses are more useful than others.

-- 
Possession is said to be nine points of the law,John Cowan
but that's not saying how many points the law might have.   co...@ccil.org
--Thomas A. Cowan (law professor and my father)
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Re: [License-discuss] Open source license chooser choosealicense.com launched.

2013-07-15 Thread Bruno F. Souza

On 15/07/2013, at 15:10, John Cowan co...@mercury.ccil.org wrote:

 Karl Fogel scripsit:
 
  http://choosealicense.com/
 
 We may want to consider linking to it from OSI's FAQ, but it would be
 great to get people's opinions first.
 
 While I am obviously just me and not GitHub, and my site is not as
 pretty, I would also ask the OSI to look at http://ccil.org/~cowan/floss
 as a license-choosing resource.  Historically OSI has shyed away from
 such things because they involve recommending licenses without being
 lawyers, and also suggest that some licenses are more useful than others.
 

Although OSI may not want to recommend licenses, having a set of license
choosers linked from the FAQ I think is a great idea. Each site will probably 
have its own level of disclaimers anyway. Having a few choosers will help
users, and being more then one, it has no chance in being confused with
a specific OSI recommendation. Choosers will probably cary their own bias, and
developers can learn from each view on the respective sites. 

I think your license chooser is very straightforward and simple, what is great 
and
helpful! The one thing I would add to it is some context, since it is a bit 
bare, IMHO.

Thanks!
Bruno.

 -- 
 Possession is said to be nine points of the law,John Cowan
 but that's not saying how many points the law might have.   co...@ccil.org
--Thomas A. Cowan (law professor and my father)
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__
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http://www.javaman.com.br  bruno at javaman.com.br
if I fail, if I succeed, at least I live as I believe



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Re: [License-discuss] Open source license chooser choosealicense.com launched.

2013-07-15 Thread Luis Villa
On Mon, Jul 15, 2013 at 1:49 PM, Bruno F. Souza br...@javaman.com.br wrote:

 Although OSI may not want to recommend licenses, having a set of license
 choosers linked from the FAQ I think is a great idea. Each site will probably
 have its own level of disclaimers anyway. Having a few choosers will help
 users, and being more then one, it has no chance in being confused with
 a specific OSI recommendation. Choosers will probably cary their own bias, and
 developers can learn from each view on the respective sites.

In the long-term, I'd actually like OSI to promote a license chooser
of its own. But in the meantime I'm pretty OK with linking to a
variety of license choosers. One place to put that list could be this
page, once we finish it up and decide where it goes:

http://wiki.opensource.org/website_license_howto

(Thanks to Engel for putting that together - welcome thoughts/feedback
from others).

Luis
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