is it just summertime?

2003-07-09 Thread Russell Nelson
Is it just summertime, and people are outside enjoying themselves?
Otherwise, I have to wonder why there have been no comments on 
http://crynwr.com/cgi-bin/ezmlm-cgi?3:mss:6923:200306:adcbobdimckahfihhlcg
  or

http://crynwr.com/cgi-bin/ezmlm-cgi?3:mss:6976:200306:odefmgncbfagijaemlbg

Are these licenses obviously open source?  It would be helpful if
someone other than myself would say so.

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Re: is it just summertime?

2003-07-09 Thread John Cowan
Russell Nelson scripsit:

 Is it just summertime, and people are outside enjoying themselves?
 Otherwise, I have to wonder why there have been no comments on 
 http://crynwr.com/cgi-bin/ezmlm-cgi?3:mss:6923:200306:adcbobdimckahfihhlcg

This is basically OK, but has two troubling points.  The term depends for
its intended functionality on used in section 3a (and similar language
elsewhere) is not defined and is AFAIK unprecedented.  A web browser
depends for its intended functionality on the correct operation of various
HTTP servers, but cannot be thereby brought under the license terms of
those servers (and a good thing too).  I think this should be stricken
in favor of contains (already present) or is a derivative work of
(equally undefined, but at least familiar).

In addition, it is not clear that section 2a is an implicit patent grant,
and even less clear that there is an implicit patent grant for users of
derivative works.  I suggest an explicit patent grant be added.

 
 http://crynwr.com/cgi-bin/ezmlm-cgi?3:mss:6976:200306:odefmgncbfagijaemlbg

This license is obviously open source.

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Re: is it just summertime?

2003-07-09 Thread Andreas Kuckartz
 Is it just summertime, and people are outside enjoying themselves?
 Otherwise, I have to wonder why there have been no comments on
 http://crynwr.com/cgi-bin/ezmlm-cgi?3:mss:6923:200306:adcbobdimckahfihhlcg

I never access such strange links which arrive by mail. Usually they are
sent by spammers who try to confirm the validity of mail addresses.

Cheers,
Andreas

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RE: is it just summertime?

2003-07-09 Thread Mitchel Sonies

I'm also a little confused by (3b).   Isn't fair market value usually  
determined by what people are willing to pay?   Or are they reserving  
for themselves the right to determine if there is a market inefficiency  
creating non-equilibrium conditions?

This is addressed in the comment to the license.  It is a new provision, but I think 
it plugs a loophole in the whole licensing schema, and I wonder why it's never been 
addressed before.  I think small open vendor A is probably saying that Monopoly X 
shouldn't be able to take the code base, do nothing more than slap the X brand label 
on it and charge a lot of money simply because they advertise their brand on 
television.   That may be efficient in the sense that people pay for brands, but it 
may not result in better software, more competition, more innovation or better options 
for users, etc.  I think the point is that you want distributors to charge for true 
value-added services, not sham offerings.  I don't know why all the A's out there 
aren't more worried about this.

You're right that this provision could be subject to abuse, but it may be a fair 
trade-off to make.  But I think providing some contractual right to go after clear 
sham offerings will just make potential sham offerors think twice.  This would be 
expensive to enforce, so unless A is really really big (I assume they're not), I don't 
think they have the unilateral right to impose unnatural equilibria on the market, in 
large part because the legal fees would probably be a lousy investment.


-Original Message-
From: Dr. Ernie Prabhakar [mailto:[EMAIL PROTECTED]
Sent: Wednesday, July 09, 2003 12:22 PM
To: Russell Nelson
Cc: [EMAIL PROTECTED]
Subject: Re: is it just summertime?


 Is it just summertime, and people are outside enjoying themselves?
 Are these licenses obviously open source?  It would be helpful if
 someone other than myself would say so.

Since its just you and me working, I'll offer a random opinion to make  
you feel less alone. :-)

 http://crynwr.com/cgi-bin/ezmlm- 
 cgi?3:mss:6923:200306:adcbobdimckahfihhlcg

I had a little trouble following all the brackets.  Does their  
definition of Downstream Distribution (1b), (3a) still allow mere  
aggregation, since it specifies contains in addition to depends on?

I'm also a little confused by (3b).   Isn't fair market value usually  
determined by what people are willing to pay?   Or are they reserving  
for themselves the right to determine if there is a market inefficiency  
creating non-equilibrium conditions?

 http://crynwr.com/cgi-bin/ezmlm- 
 cgi?3:mss:6976:200306:odefmgncbfagijaemlbg
 http://rosenlaw.com/osl2.0.html

If Larry can't create an obviously Open Source license, then we're all  
in trouble!

None of the changes seem to affect OSD compliance in any way I can see.

Hope everyone else is enjoying their summer vacation. :-)

-- Ernie P.

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Re: is it just summertime?

2003-07-09 Thread Rick Moen
Quoting Andreas Kuckartz ([EMAIL PROTECTED]):

  Otherwise, I have to wonder why there have been no comments on
  http://crynwr.com/cgi-bin/ezmlm-cgi?3:mss:6923:200306:adcbobdimckahfihhlcg
 
 I never access such strange links which arrive by mail. Usually they are
 sent by spammers who try to confirm the validity of mail addresses.

Point of information:  crynwr.com is Russ Nelson's site.

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