Re: License Committee report

2004-02-17 Thread Richard Schilling
On 2004.02.17 17:43 Zooko O'Whielacronx wrote: [snip] So if I understand correctly, the Simple Permissive License and the (ideally edited) Fair License both pass the litmus test of OSD. In addition to approving licenses which meet the OSD, the OSI also prefers to slow the proliferation of subs

Re: License Committee report

2004-02-17 Thread Alex Rousskov
On Tue, 17 Feb 2004, Russell Nelson wrote: > While I agree with the goals of the license author, he's putting > restrictions on the use of the software, and restrictions on use are > not allowed. He points to other licenses which restrict some > modifications, but they do it at redistribution tim

Re: License Committee report

2004-02-17 Thread Zooko O'Whielacronx
> This must surely be the shortest open source license ever! Still, we > should send it back to the author because he uses the hated word > "utilize". Don't use utilize! Utilize "use" instead. Means the same > thing and avoids a phony formality. > > Title: Fair License > Submission: > Orig

Re: apache license 2.0 for consideration

2004-02-17 Thread Roy T. Fielding
On Tuesday, February 17, 2004, at 04:04 PM, Mark Shewmaker wrote: On Sun, 2004-02-08 at 14:19, Rodent of Unusual Size wrote: it is our belief that this new licence is just as osi-compliant as the 1.1 version, and is more clearly compatible with the gpl to boot. Is the patent grant section GPL com

License Committee report

2004-02-17 Thread Russell Nelson
I'm the chair of the license approval committee. This is my report for the current set of licenses under discussion. If anybody disagrees with my assessment of the committee's conclusions, say so promptly. -- We've sat on this license submission for far too long. It's a clever and innovative l

Re: apache license 2.0 for consideration

2004-02-17 Thread Mark Shewmaker
On Sun, 2004-02-08 at 14:19, Rodent of Unusual Size wrote: > it is our belief that this new licence is just as osi-compliant > as the 1.1 version, and is more clearly compatible with the gpl > to boot. Is the patent grant section GPL compatible? >From the Apache License, Version 2.0: | If You i

Re: apache license 2.0 for consideration

2004-02-17 Thread jcowan
Rodent of Unusual Size writes: > i don't think anyone has submitted it yet. the apache software > foundation approved version 2.0 of its licence, and would like to > submit it for osi approval. it's online at > > http://www.apache.org/licenses/LICENSE-2.0 > > and i'm attaching the text version

Re: International treatment of the public domain

2004-02-17 Thread jcowan
Russell McOrmond scripsit: > > > If NASA has the ability to apply a license in a foreign country to a > > > works that is in the public domain in the USA, then does not any other US > > > citizen have the ability to apply a license as well? If these other US > > > citizens do not, then does NAS

Re: For Approval: NASA Open Source Agreement Version 1.1

2004-02-17 Thread jcowan
Lawrence E. Rosen scripsit: > I don't think so, John. Anyone can do ANYTHING to a public domain work. No > license is required, whether it is to do plastic surgery or simply to put on > lipstick. If anything, the proper question is whether the degree of > creativity in the "derivative work" is suf

Re: International treatment of the public domain

2004-02-17 Thread Russell McOrmond
Lets continue down this line of thinking... (just trying to understand the logic people have presented...) On Tue, 17 Feb 2004 [EMAIL PROTECTED] wrote: > Russell McOrmond scripsit: > > > If NASA has the ability to apply a license in a foreign country to a > > works that is in the public do

making public domain dedication safer

2004-02-17 Thread Alex Rousskov
I use Creative Commons public domain dedication[1] for some of the software I author. I am concerned that some people believe that it is impossible to permanently and/or reliably place software in public domain in some countries. It appears that while Creative Commons public domain dedication make

RE: For Approval: NASA Open Source Agreement Version 1.1

2004-02-17 Thread Lawrence E. Rosen
> > So I have no right to create a derivative work of a public > domain work > > and release that derivative work under a license of my choice? For > > example, I can not take PD code and incorporate it into > Apache httpd? > > I must misunderstand what public domain means, then. > > Oh yes,

RE: For Approval: NASA Open Source Agreement Version 1.1

2004-02-17 Thread Lawrence E. Rosen
> > You can do anything you want to with a public domain work > except try > > to assert a valid copyright on it, which is one of the incidents of > > the BSD or any other open-source license. So, no. > > So I have no right to create a derivative work of a public > domain work and release tha

Re: International treatment of the public domain

2004-02-17 Thread jcowan
Russell McOrmond scripsit: > If NASA has the ability to apply a license in a foreign country to a > works that is in the public domain in the USA, then does not any other US > citizen have the ability to apply a license as well? If these other US > citizens do not, then does NASA? Why, because

Re: International treatment of the public domain

2004-02-17 Thread Rod Dixon
I do not have an answer to the specific question, but I suspect the answer may reside in a treaty or an international agreement that is not a treaty. The Uruguay Round Agreements Act (URAA), for instance, allows works in the public domain in the U.S. to be scooped out of the public domain retroacti

Re: apache license 2.0 for consideration

2004-02-17 Thread Rodent of Unusual Size
Arnoud Engelfriet wrote: > > I do wonder about > 5. Submission of Contributions. Unless You explicitly state otherwise, any > Contribution intentionally submitted for inclusion in the Work by You to the > Licensor shall be under the terms and conditions of this License, without > any additional te

Re: International treatment of the public domain

2004-02-17 Thread Russell McOrmond
On Tue, 17 Feb 2004, Arnoud Engelfriet wrote: > I don't think it is legal in the USA to apply your own license to > a public domain work. How can you license something to which you > do not have a copyright? This is just some of the odd things we end up if we play the word game we were being l

Re: For Approval: NASA Open Source Agreement Version 1.1

2004-02-17 Thread Rod Dixon
Technically, you could slap a license on the work (and, thereby, assert copyright), but no one may care about your licensed version since the work remains in the public domain. As a practical matter, you could "add value" to the public domain work and then license it. Or, you could create a derivat

Re: International treatment of the public domain

2004-02-17 Thread jcowan
Russell McOrmond scripsit: > It appears that with US government created works that every US > citizen has the right to apply licenses to the work, Not so. See my other posting. > Given that term expiry is not the only way for a work to > enter the public domain, and term expiry can be differen

Re: apache license 2.0 for consideration

2004-02-17 Thread Arnoud Engelfriet
Russell Nelson wrote: > If nobody else reviews this license, then the license approval > committee will have to work without your input. As we're only human, > we might make a mistake, and approve an Apache license which didn't > comply with the OSD (cough, cough). But still, could somebody else

Re: For Approval: NASA Open Source Agreement Version 1.1

2004-02-17 Thread jcowan
Brian Behlendorf scripsit: > So I have no right to create a derivative work of a public domain work and > release that derivative work under a license of my choice? For example, I > can not take PD code and incorporate it into Apache httpd? I must > misunderstand what public domain means, then.

Re: For Approval: NASA Open Source Agreement Version 1.1

2004-02-17 Thread Arnoud Engelfriet
Brian Behlendorf wrote: > On Tue, 17 Feb 2004 [EMAIL PROTECTED] wrote: > > Brian Behlendorf scripsit: > > > So what happens when I download the code under a FOIA/public domain issue, > > > and then relicense under a BSD license? Don't I have the right to > > > relicense PD works? > > > > You can d

Re: apache license 2.0 for consideration

2004-02-17 Thread Brian Behlendorf
On Tue, 17 Feb 2004, Mahesh T. Pai wrote: > Russell Nelson said on Mon, Feb 16, 2004 at 05:12:21PM -0500,: > > > If nobody else reviews this license, then the license approval > > > comply with the OSD (cough, cough). But still, could somebody else > > take a gander at this? > > This license w

Re: International treatment of the public domain

2004-02-17 Thread Arnoud Engelfriet
Russell McOrmond wrote: > On Mon, 16 Feb 2004, Russell Nelson wrote: > > [EMAIL PROTECTED] writes: > > > So Americans can ignore the civil-servant version of the NOSA license with > > > impunity, but not so Australians. [This was in response to my quoting from the Berne Convention to show that co

Re: For Approval: NASA Open Source Agreement Version 1.1

2004-02-17 Thread Brian Behlendorf
On Tue, 17 Feb 2004 [EMAIL PROTECTED] wrote: > Brian Behlendorf scripsit: > > > So what happens when I download the code under a FOIA/public domain issue, > > and then relicense under a BSD license? Don't I have the right to > > relicense PD works? > > You can do anything you want to with a public

International treatment of the public domain

2004-02-17 Thread Russell McOrmond
I believe that the OSI is not USA only, so I hope this question does receive some discussion. On Mon, 16 Feb 2004, Russell Nelson wrote: > [EMAIL PROTECTED] writes: > > So Americans can ignore the civil-servant version of the NOSA license with > > impunity, but not so Australians. > > Inter

Re: For Approval: NASA Open Source Agreement Version 1.1

2004-02-17 Thread jcowan
Brian Behlendorf scripsit: > So what happens when I download the code under a FOIA/public domain issue, > and then relicense under a BSD license? Don't I have the right to > relicense PD works? You can do anything you want to with a public domain work except try to assert a valid copyright on it

Re: For Approval: NASA Open Source Agreement Version 1.1

2004-02-17 Thread Brian Behlendorf
On Fri, 13 Feb 2004 [EMAIL PROTECTED] wrote: > Thanks; that looks definitive. So a U.S. government work is born into the > public domain in the U.S., but is in copyright for 50 years after its > publication date in Australia. Amazing. > > So Americans can ignore the civil-servant version of the N

Re: apache license 2.0 for consideration

2004-02-17 Thread Mahesh T. Pai
Russell Nelson said on Mon, Feb 16, 2004 at 05:12:21PM -0500,: > If nobody else reviews this license, then the license approval > comply with the OSD (cough, cough). But still, could somebody else > take a gander at this? This license was discussed on [EMAIL PROTECTED], and I had seen quite

Re: For Approval: NASA Open Source Agreement Version 1.1

2004-02-17 Thread Ben Reser
On Fri, Feb 13, 2004 at 03:27:52PM -0500, [EMAIL PROTECTED] wrote: > So Americans can ignore the civil-servant version of the NOSA license with > impunity, but not so Australians. Depends. If there are patent rights then no. NOSA covers more than just copyrights. I don't believe there's a restr