Re: [License-discuss] License compatibility - reg

2013-06-27 Thread Rick Moen
Quoting Ben Tilly (bti...@gmail.com): [Snipping the recap and same old, same old] > There is actually good reason to pay attention to the FSF on this > issue. Ahem. Well, I have great respect for many of the people in FSF, but they have a long history of asserting what they would like to be the

Re: [License-discuss] License compatibility - reg

2013-06-27 Thread Ben Tilly
On Wed, Jun 26, 2013 at 11:14 PM, Rick Moen wrote: > Quoting Ben Tilly (bti...@gmail.com): > >> According to my recollection, she was definitely of the opinion that >> her statements about whether the license should be enforceable at all >> helped sway the judge to the position that it should be.

Re: [License-discuss] License compatibility - reg

2013-06-26 Thread Rick Moen
Quoting Ben Tilly (bti...@gmail.com): > (Note that Robert Jacobsen's state of mind was never a relevant > question. Excuse me, but please see previous analysis of what a judge will logically and relevantly consider in determining what a software licensor intends, and why, in cases where that is f

Re: [License-discuss] License compatibility - reg

2013-06-26 Thread Ben Tilly
On Wed, Jun 26, 2013 at 10:49 PM, Rick Moen wrote: > Quoting Ben Tilly (bti...@gmail.com): > >> For example I point to the efforts of Allison Randal of The Perl >> Foundation in the case Jacobsen v. Katzer in litigation regarding the >> Artistic License. > > And, just another little point. You _a

Re: [License-discuss] License compatibility - reg

2013-06-26 Thread Rick Moen
Quoting Ben Tilly (bti...@gmail.com): > According to my recollection, she was definitely of the opinion that > her statements about whether the license should be enforceable at all > helped sway the judge to the position that it should be. I'm pretty sure you have changed the subject. If your as

Re: [License-discuss] License compatibility - reg

2013-06-26 Thread Ben Tilly
On Wed, Jun 26, 2013 at 9:35 PM, Rick Moen wrote: > Quoting Ben Tilly (bti...@gmail.com): > >> This may be true, but there are many cases where someone who in some >> way represents the drafter of a boilerplate legal vehicle filed an >> amicus brief that was given due weight by a judge. > > On wha

Re: [License-discuss] License compatibility - reg

2013-06-26 Thread Rick Moen
Quoting Ben Tilly (bti...@gmail.com): > For example I point to the efforts of Allison Randal of The Perl > Foundation in the case Jacobsen v. Katzer in litigation regarding the > Artistic License. And, just another little point. You _are_ aware that Randal, despite her many accomplishments, was

Re: [License-discuss] License compatibility - reg

2013-06-26 Thread Rick Moen
Quoting Ben Tilly (bti...@gmail.com): > This may be true, but there are many cases where someone who in some > way represents the drafter of a boilerplate legal vehicle filed an > amicus brief that was given due weight by a judge. On what question, though? That matters, nei? Upthread, Matthew s

Re: [License-discuss] License compatibility - reg

2013-06-26 Thread Lawrence Rosen
I will again. /Larry -Original Message- From: Luis Villa [mailto:l...@lu.is] Sent: Wednesday, June 26, 2013 5:43 PM To: License Discuss Subject: Re: [License-discuss] License compatibility - reg On Wed, Jun 26, 2013 at 4:22 PM, Rick Moen wrote: > >> And who does OSI suggest

Re: [License-discuss] License compatibility - reg

2013-06-26 Thread Ben Tilly
On Wed, Jun 26, 2013 at 4:46 PM, Rick Moen wrote: > Quoting Matthew Flaschen (matthew.flasc...@gatech.edu): > >> Possibly, if the court decides the license is ambiguous. They might >> look to the preamble, as well as the licensor's statements (as you said, >> the licensor is often not the license

Re: [License-discuss] License compatibility - reg

2013-06-26 Thread Luis Villa
On Wed, Jun 26, 2013 at 4:22 PM, Rick Moen wrote: > >> And who does OSI suggest that any of us listen to on an important FOSS >> combination/project like this one? Are you suggesting OSI should give legal advice, Larry? :) The advice I have given clients in the past is to listen to the copyright

Re: [License-discuss] License compatibility - reg

2013-06-26 Thread John Cowan
Rick Moen scripsit: > (There are exceptional situations such as cases covered by the Statute > of Frauds. If you want to endure a really boring one-hour lecture, ask > a legal expert to explain that for you. If that's not enough masochism > for one day, follow up with a request for something abo

Re: [License-discuss] License compatibility - reg

2013-06-26 Thread Rick Moen
Quoting Matthew Flaschen (matthew.flasc...@gatech.edu): > Possibly, if the court decides the license is ambiguous. They might > look to the preamble, as well as the licensor's statements (as you said, > the licensor is often not the license drafter). > > But I think it's reasonable to think they

Re: [License-discuss] License compatibility - reg

2013-06-26 Thread Matthew Flaschen
On 06/26/2013 03:48 PM, Rick Moen wrote: > For a given copyrighted property or set of properties, a court is going > to be looking to determine the licensors' actions (what they have > permitted and subject to what conditions), and be primarily guided in > the case of a written licence by the licen

Re: [License-discuss] License compatibility - reg

2013-06-26 Thread Rick Moen
Quoting Lawrence Rosen (lro...@rosenlaw.com): > WHICH of the licensors do you look to? > > For example, Mr. Satyanarayana plans to combine (in some way) Apache 2.0 and > GPLv3 code under a GPLv2 license. Apache licensors say "That's wonderful! Go > ahead and do that!" The GPLv2 authors -- not a

[License-discuss] License compatibility - reg

2013-06-26 Thread Lawrence Rosen
Rick Moen wrote: > For a given copyrighted property or set of properties, a court is > going to be looking to determine the licensors' actions (what they > have permitted and subject to what conditions), and be primarily > guided in the case of a written licence by the licence text, and to > so