Re: [License-discuss] [Non-DoD Source] Re: [Non-DoD Source] Re: U.S. Army Research Laboratory Open Source License (ARL OSL) 0.4.0

2016-08-20 Thread Richard Fontana
On Sat, Aug 20, 2016 at 02:24:53AM +, Tzeng, Nigel H. wrote:
> My understanding then and now was that it had become clear to them that
> Richard and Bruce was going to stall approval for a long time/forever
> unless they took out the patent clause that the open data folks wanted. So
> they withdrew because they were never going to do that and the discussions
> were getting more and more heated.

I'm assuming 'Richard' is me and 'Bruce' is Bruce Perens. Neither of
us were on the OSI board at that time; we were just participants on a
mailing list. Also, I don't recall Bruce Perens' involvement in the
CC0 discussion at all, but my objective was to encourage the OSI take
a consistent approach to the problem of nonstandard provisions dealing
with patents, having remembered the discussion of the MXM license in
~2009, rather than an approach that would be explainable solely by
attitudes towards the license steward.

> If you don¹t believe that was a correct assessment on their part then pray
> tell the status of NOSA v2 that was originally submitted for approval in
> 2013.

That's a special, unfortunate case. With NOSA 2.0 I continued (and
sort of continue) to feel that the license was salvageable with a lot
of work, which no one (including me and I think including NASA) seems
to have the time or inclination to take on individually or
collectively. Possibly, in retrospect, the better approach with NOSA
2.0 would have been to outright reject it as being way too complex
with a number of likely or actual fatal problems. An issue there was
that, until recently, I assumed that the OSI customarily does not
formally reject licenses, as opposed to just not approving those that
are problematic (holding out the possibility of the license steward
submitting revisions or improvements). I think that is actually true
of licenses submitted in the past several years, but I recently
learned that in the distant past there were licenses the OSI actually
formally rejected.

Even now, I still think NOSA 2.0 can be fixed without revising it
beyond all recognition. However, I pointed out at least one
significant problem (related, in fact, to the MXM/CC0 patent
provisions issue) and it did not seem that Bryan was receptive to
discussing it. Even if the OSI did have at least an earlier history of
rejecting licenses, I believe it's true that revised versions of
problematic submitted licenses have generally been prepared by the
license steward rather than that task being taken on by the OSI
itself. That is, it would be strange if the only way to get an
acceptable version of NOSA 2.0 would be for the OSI to take on primary
responsibility for drafting it.

Richard
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Re: [License-discuss] [Non-DoD Source] Re: [Non-DoD Source] Re: U.S. Army Research Laboratory Open Source License (ARL OSL) 0.4.0

2016-08-20 Thread Rick Moen
Quoting Tzeng, Nigel H. (nigel.tz...@jhuapl.edu):

> He said that CC would consider when they had more timeŠback in 2012Šso I
> guess either Creative Commons has been insanely busy the last four years
> or that was a very polite way of saying ³yah whatever, the FSF already
> recommends CC0 even WITH the patent statement. You came to us, not us to
> you².

Or they're _so_ short-staffed that the organisation was actually
almost completely de-funded some time in 2014, closing its
Mountain View office thus leaving it with a grand total of zero offices,
and in some considerable disarray.

> My understanding then and now was that it had become clear to them that
> Richard and Bruce was going to stall approval for a long time/forever
> unless they took out the patent clause that the open data folks wanted. So
> they withdrew because they were never going to do that and the discussions
> were getting more and more heated.

I was part of the (public) discussions, and it is just not correct to
assert that they were getting more and more heated.  (For the record, I
stated consistently, starting immediately upon its submission, that CC0
was manifestly open source on account of its fallback permissive
licence.)

You'll pardon me if I don't simply take your word on what you allege
about behind-the-scenes plotting.  I know only that what has been stated
upthread is a misrepresentation of the 2012 discussion, which I remember
quite well (and is also archived for the curious).

Nor am I going to get derailed onto irrelevancies.  Speaking of looking
silly.

> If you don¹t consider it was damaging then consider this: the White House
> has told government agencies that "Thou Shall Open Source 20% of Your
> Software Portfolio² and their first example was their own code.gov site
> released under CC0*.

Well, it _is_ open source.

Endless variant forms of permissive licences are.

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