Re: [License-discuss] Can OSI take stance that U.S. public domain is open source?

2014-05-05 Thread Karl Fogel
Richard Fontana font...@sharpeleven.org writes: 1) Have licenses out in the world that are OSD-compliant, and that we informally agree are open source, but that we don't certify. This will cause growing divergence between what is open source and what the OSI has approved. That

Re: [License-discuss] Can OSI take stance that U.S. public domain is open source?

2014-05-04 Thread Henrik Ingo
The analoguous explanation for why cc0 didn't qualify is that it explicitly said you get rights a and b but not c, with c a necessary right to copy and use the software. It should be obvious that - even if you'd disagree wrt patents - at least for some values of c that is clearly not open source.

Re: [License-discuss] Can OSI take stance that U.S. public domain is open source?

2014-05-04 Thread John Cowan
Henrik Ingo scripsit: The analoguous explanation for why cc0 didn't qualify is that it explicitly said you get rights a and b but not c, with c a necessary right to copy and use the software. It should be obvious that - even if you'd disagree wrt patents - at least for some values of c that

Re: [License-discuss] Can OSI take stance that U.S. public domain is open source?

2014-05-04 Thread Henrik Ingo
On Sat, May 3, 2014 at 10:34 PM, Richard Fontana font...@sharpeleven.org wrote: On Sat, 3 May 2014 22:07:19 +0300 Henrik Ingo henrik.i...@avoinelama.fi wrote: Does the US government grant itself patents, Yes. and if so, what does it do with those patents? Many are licensed to the

Re: [License-discuss] Can OSI take stance that U.S. public domain is open source?

2014-05-04 Thread Karl Fogel
John Cowan co...@mercury.ccil.org writes: I continue to think that our CC0 decision was wrong insofar as it can be read as saying that the CC0 license is not an open-source (as opposed to OSI Certified) license. There may be reasons not to certify it, but not to deny that it is open source.

Re: [License-discuss] Can OSI take stance that U.S. public domain is open source?

2014-05-04 Thread Rick Moen
Quoting John Cowan (co...@mercury.ccil.org): [Appreciating and agreeing with what you say, FWIW, but I have one thing to add.] In the end, certification is just a convenience to the users: it says that a group of fairly knowledgeable people are willing to stand behind the cliam that each

Re: [License-discuss] Can OSI take stance that U.S. public domain is open source?

2014-05-04 Thread Henrik Ingo
Richard, I just wanted to call out a neat statistical trick you just made: On Sun, May 4, 2014 at 9:06 PM, Richard Fontana font...@sharpeleven.org wrote: On Sun, 04 May 2014 11:48:13 -0500 Karl Fogel kfo...@red-bean.com wrote: I don't know offhand the current count of OSI-approved licenses

Re: [License-discuss] Can OSI take stance that U.S. public domain is open source?

2014-05-04 Thread John Cowan
Henrik Ingo scripsit: Is the US governments exclusion of patents that explicit? The only thing that makes the U.S. Government different from any other actor in IP law is that it cannot (and therefore its employees acting in the scope of their employment cannot) acquire copyright on any works

Re: [License-discuss] Can OSI take stance that U.S. public domain is open source?

2014-05-04 Thread John Cowan
Simon Phipps scripsit: We did not decide against CC0. The discussion was certainly at a low point when Creative Commons withdrew it from the approval process, but that's what happened, not an OSI denial. Had they persisted, I believe OSI would have needed to face the issue of how licenses

Re: [License-discuss] Can OSI take stance that U.S. public domain is open source?

2014-05-03 Thread Karl Fogel
Richard Fontana font...@sharpeleven.org writes: This work's authors seem to explicitly say that they are dedicating it to the public domain, not merely (or explicitly at all, as far as I can see here) relying on the notion of statutory public domain for US government works. I'd argue those are two

Re: [License-discuss] Can OSI take stance that U.S. public domain is open source?

2014-05-03 Thread Henrik Ingo
That's an interesting angle to bite on... Does the US government grant itself patents, and if so, what does it do with those patents? On 3 May 2014 06:45, Richard Fontana font...@sharpeleven.org wrote: On Fri, 02 May 2014 14:55:55 -0500 Karl Fogel kfo...@red-bean.com wrote: This thread on

Re: [License-discuss] Can OSI take stance that U.S. public domain is open source?

2014-05-03 Thread John Cowan
Karl Fogel scripsit: The patent issue would apply just as much if it were MIT- or BSD-licensed, though, and we'd call it open source then, right? Indeed. We may not be in the business of approving licenses without patent grants any more, but nobody can say that licenses that don't grant

Re: [License-discuss] Can OSI take stance that U.S. public domain is open source?

2014-05-03 Thread John Cowan
Henrik Ingo scripsit: Does the US government grant itself patents, and if so, what does it do with those patents? In the case of 6630507, they apply criminal sanctions to people who seek to make use of the patented technology. Google for [patent 6630507]. -- John Cowan

Re: [License-discuss] Can OSI take stance that U.S. public domain is open source?

2014-05-03 Thread Richard Fontana
On Sat, 3 May 2014 22:07:19 +0300 Henrik Ingo henrik.i...@avoinelama.fi wrote: Does the US government grant itself patents, Yes. and if so, what does it do with those patents? Many are licensed to the private sector for revenue. - RF ___

Re: [License-discuss] Can OSI take stance that U.S. public domain is open source?

2014-05-03 Thread Richard Fontana
On Sat, 03 May 2014 14:00:53 -0500 Karl Fogel kfo...@red-bean.com wrote: Richard Fontana font...@sharpeleven.org writes: Also with statutory public domain works you have the same old MXM/CC0 inconsistency problem in a different form. Consider the case of public domain source code created by

Re: [License-discuss] Can OSI take stance that U.S. public domain is open source?

2014-05-03 Thread John Cowan
Richard Fontana scripsit: When the MXM license was considered, some people pointed to OSD #7 as suggesting that a sufficiently narrowly-drawn patent license grant in a license would not be Open Source. This was the problem I raised when CC0 was submitted. It was the inconsistency. It depends

[License-discuss] Can OSI take stance that U.S. public domain is open source?

2014-05-02 Thread Karl Fogel
This thread on GitHub gets (needlessly?) complicated. It's about a public-domain software work put out by the U.S. government, and there's no clarity on whether calling it open source and citing the OSI's definition of the term would be appropriate:

Re: [License-discuss] Can OSI take stance that U.S. public domain is open source?

2014-05-02 Thread Kuno Woudt
Hello Karl, On 02-05-14 14:55, Karl Fogel wrote: This thread on GitHub gets (needlessly?) complicated. It's about a public-domain software work put out by the U.S. government, and there's no clarity on whether calling it open source and citing the OSI's definition of the term would be

Re: [License-discuss] Can OSI take stance that U.S. public domain is open source?

2014-05-02 Thread Richard Fontana
On Fri, 02 May 2014 14:55:55 -0500 Karl Fogel kfo...@red-bean.com wrote: This thread on GitHub gets (needlessly?) complicated. It's about a public-domain software work put out by the U.S. government, and there's no clarity on whether calling it open source and citing the OSI's definition of