Re: [License-discuss] proposal to revise and slightly reorganize the OSI licensing pages

2012-06-11 Thread Ben Tilly
On Mon, Jun 11, 2012 at 8:21 PM, Rick Moen wrote: > Quoting Ben Tilly (bti...@gmail.com): [...] >> If the license dissuades people that you would like to have using your >> software, it is also defective. >> >> Licenses have multiple potential failure modes.  Not all of which >> happen in a court

Re: [License-discuss] proposal to revise and slightly reorganize the OSI licensing pages

2012-06-11 Thread Rick Moen
Quoting Chris Travers (ch...@metatrontech.com): > > Can you name a single reason why this utterly bizarre question has any > > connection whatsover to anything I've said?  It doesn't. > > Yes I can. And I can tell you why it's not so bizarre. It has no discernable connection whatsoever to anythi

Re: [License-discuss] proposal to revise and slightly reorganize the OSI licensing pages

2012-06-11 Thread Chris Travers
On Mon, Jun 11, 2012 at 8:10 PM, Rick Moen wrote: > Quoting Chris Travers (ch...@metatrontech.com): > >> Can you name a single case where a US court has said that if literal >> copying of code is required for interoperability of practical software >> or other practical tools (printer cartridges, g

Re: [License-discuss] proposal to revise and slightly reorganize the OSI licensing pages

2012-06-11 Thread Rick Moen
Quoting Ben Tilly (bti...@gmail.com): > > Mu.  The premise is defective. > > Really? No, just kidding. Or: I was hoping you would argue, as it's much fun. > If the license dissuades people that you would like to have using your > software, it is also defective. > > Licenses have multiple pot

Re: [License-discuss] proposal to revise and slightly reorganize the OSI licensing pages

2012-06-11 Thread Rick Moen
Quoting Chris Travers (ch...@metatrontech.com): > Can you name a single case where a US court has said that if literal > copying of code is required for interoperability of practical software > or other practical tools (printer cartridges, garage door openers, > etc), that this gives the copyright

Re: [License-discuss] proposal to revise and slightly reorganize the OSI licensing pages

2012-06-11 Thread Ben Tilly
On Mon, Jun 11, 2012 at 7:11 PM, Rick Moen wrote: > Quoting Ben Tilly (bti...@gmail.com): [...] >> If a license does what I want 90% of the time quite well, and fails >> 10% of the time, is it better or worse than a license that does >> something you find merely OK 100% of the time? > > Mu.  The p

Re: [License-discuss] proposal to revise and slightly reorganize the OSI licensing pages

2012-06-11 Thread Chris Travers
Rick: Can you name a single case where a US court has said that if literal copying of code is required for interoperability of practical software or other practical tools (printer cartridges, garage door openers, etc), that this gives the copyright owner control over the markets for add-on product

Re: [License-discuss] proposal to revise and slightly reorganize the OSI licensing pages

2012-06-11 Thread Rick Moen
Quoting Chris Travers (ch...@metatrontech.com): > For example, suppose I start selling a binary-only table engine for > MySQL which offers real benefits over Innodb. Let's say less bloat, > less maintenance, faster performance, and no issues with thread > deadlocks when multi-row inserts are done

Re: [License-discuss] proposal to revise and slightly reorganize the OSI licensing pages

2012-06-11 Thread Chris Travers
On Mon, Jun 11, 2012 at 12:39 PM, Rick Moen wrote: > > Anyway, as I just got through saying to Ben Tilly:   (1) People > can and do perform pretty much whatever screwball actions they wish to > perform with their own property.  (2) You should take care to understand > all of the implications of an

Re: [License-discuss] proposal to revise and slightly reorganize the OSI licensing pages

2012-06-11 Thread Rick Moen
Quoting Ben Tilly (bti...@gmail.com): > Seeing these repeated references to my name is getting annoying. This seems a little odd. All I said was that I'd recently made that observation to you -- which was factually correct and certainly not any offence to you or anyone else. > You like to t

Re: [License-discuss] proposal to revise and slightly reorganize the OSI licensing pages

2012-06-11 Thread Chris Travers
On Mon, Jun 11, 2012 at 7:57 AM, Chad Perrin wrote: > These are generally exceptional cases that require either copyright > assignment or carefully controlled maintenance of contribution records > and continued contact with contributors.  In cases where contributions to > the downstream copyleft

Re: [License-discuss] proposal to revise and slightly reorganize the OSI licensing pages

2012-06-11 Thread Rick Moen
Quoting Tzeng, Nigel H. (nigel.tz...@jhuapl.edu): > Kindly don't tell me what I've read over the years. I'm more than done with this. Not very surprisingly, attempting to post a serious answer to your rhetorical question ('What was the value of this observation?') was simply a waste of time, a

Re: [License-discuss] proposal to revise and slightly reorganize the OSI licensing pages

2012-06-11 Thread Tzeng, Nigel H.
On 6/11/12 6:31 PM, "Rick Moen" wrote: >The language about a 'fixed pool of open source developers' is >revealing: One notes the assumption of entitlement to mindshare. >Perhaps the easiest solution would be to regard copyleft as a >subcategory of proprietary development. Then it'd suddenly bec

Re: [License-discuss] proposal to revise and slightly reorganize the OSI licensing pages

2012-06-11 Thread Chad Perrin
On Mon, Jun 11, 2012 at 03:20:12PM -0700, Rick Moen wrote: > Quoting Tzeng, Nigel H. (nigel.tz...@jhuapl.edu): > > > Again, whatever your self identification is, your comment and statement > > are those espoused by one of those camps over the years. > > No, they most certainly are not. Kindly do

Re: [License-discuss] proposal to revise and slightly reorganize the OSI licensing pages

2012-06-11 Thread Ben Tilly
On Mon, Jun 11, 2012 at 3:20 PM, Rick Moen wrote: > Quoting Tzeng, Nigel H. (nigel.tz...@jhuapl.edu): > >> Again, whatever your self identification is, your comment and statement >> are those espoused by one of those camps over the years. > > No, they most certainly are not.  Kindly do not confuse

Re: [License-discuss] proposal to revise and slightly reorganize the OSI licensing pages

2012-06-11 Thread Chad Perrin
On Mon, Jun 11, 2012 at 03:31:56PM -0700, Rick Moen wrote: > Quoting Tzeng, Nigel H. (nigel.tz...@jhuapl.edu): > > On 6/11/12 3:54 PM, "Chad Perrin" wrote: > > > > > >Rather, I think the complaint is about people making hypocritical > > >statements about exactly the kind of behavior they exhibit w

Re: [License-discuss] proposal to revise and slightly reorganize the OSI licensing pages

2012-06-11 Thread Tzeng, Nigel H.
On 6/11/12 6:20 PM, "Rick Moen" wrote: >Quoting Tzeng, Nigel H. (nigel.tz...@jhuapl.edu): > >> Again, whatever your self identification is, your comment and statement >> are those espoused by one of those camps over the years. > >No, they most certainly are not. Kindly do not confuse me with som

Re: [License-discuss] proposal to revise and slightly reorganize the OSI licensing pages

2012-06-11 Thread Rick Moen
Quoting Tzeng, Nigel H. (nigel.tz...@jhuapl.edu): > On 6/11/12 3:54 PM, "Chad Perrin" wrote: > > >Rather, I think the complaint is about people making hypocritical > >statements about exactly the kind of behavior they exhibit with regard to > >source code appropriation Oddly enough, in the

Re: [License-discuss] proposal to revise and slightly reorganize the OSI licensing pages

2012-06-11 Thread Tzeng, Nigel H.
On 6/11/12 3:54 PM, "Chad Perrin" wrote: >Rather, I think the complaint is about people making hypocritical >statements about exactly the kind of behavior they exhibit with regard to >source code appropriation, and about people pretending there is no >difference between two different edge cases o

Re: [License-discuss] proposal to revise and slightly reorganize the OSI licensing pages

2012-06-11 Thread Rick Moen
Quoting Tzeng, Nigel H. (nigel.tz...@jhuapl.edu): > Again, whatever your self identification is, your comment and statement > are those espoused by one of those camps over the years. No, they most certainly are not. Kindly do not confuse me with some bunch of ideologue wankers. > What was the

Re: [License-discuss] proposal to revise and slightly reorganize the OSI licensing pages

2012-06-11 Thread Tzeng, Nigel H.
On 6/11/12 3:39 PM, "Rick Moen" wrote: >Quoting Tzeng, Nigel H. (nigel.tz...@jhuapl.edu): > >> >I am not, and never have been, in any sense a 'GPL proponent', sir. >> >> This conflict has always been between certain factions of the GPL camp >>and >> certain factions of the BSD camp whatever you

Re: [License-discuss] proposal to revise and slightly reorganize the OSI licensing pages

2012-06-11 Thread Chad Perrin
On Mon, Jun 11, 2012 at 12:39:06PM -0700, Rick Moen wrote: > > Anyway, as I just got through saying to Ben Tilly: (1) People > can and do perform pretty much whatever screwball actions they wish to > perform with their own property. (2) You should take care to understand > all of the implicatio

Re: [License-discuss] proposal to revise and slightly reorganize the OSI licensing pages

2012-06-11 Thread Rick Moen
Quoting Tzeng, Nigel H. (nigel.tz...@jhuapl.edu): > >I am not, and never have been, in any sense a 'GPL proponent', sir. > > This conflict has always been between certain factions of the GPL camp and > certain factions of the BSD camp whatever you wish to identify yourself as. I am not a member

Re: [License-discuss] proposal to revise and slightly reorganize the OSI licensing pages

2012-06-11 Thread Tzeng, Nigel H.
On 6/8/12 12:16 PM, "Rick Moen" wrote: >Quoting Tzeng, Nigel H. (nigel.tz...@jhuapl.edu): > >> It amazes me that after all these years GPL proponents are still >> professing willful ignorance as to why some permissive developers see a >> difference between the two practices. Go figure. > >I am n

Re: [License-discuss] proposal to revise and slightly reorganize the OSI licensing pages

2012-06-11 Thread Tzeng, Nigel H.
On 6/8/12 2:15 PM, "Bruce Perens" wrote: >On 06/08/2012 08:55 AM, Tzeng, Nigel H. wrote: >> It amazes me that after all these years GPL proponents [...] >Not a positive contribution. In what matter was Rick's original comment a positive contribution? >There are simple economic justifications f

Re: [License-discuss] proposal to revise and slightly reorganize the OSI licensing pages

2012-06-11 Thread Lawrence Rosen
dge other licenses by the same criteria? /Larry -Original Message- From: Gervase Markham [mailto:gerv-gm...@gerv.net] Sent: Monday, June 11, 2012 8:06 AM To: license-discuss@opensource.org Subject: Re: [License-discuss] proposal to revise and slightly reorganize the OSI licensing pag

Re: [License-discuss] proposal to revise and slightly reorganize the OSI licensing pages

2012-06-11 Thread Gervase Markham
On 05/06/12 17:59, Mike Milinkovich wrote: > I don't think that the inclusion of MPL 2.0 in any way a bad decision. > My assumption is that the Steward of the MPL requested that all > significant references to the the MPL be modified to point to the new > version. Similarly, the original list inclu

Re: [License-discuss] proposal to revise and slightly reorganize the OSI licensing pages

2012-06-11 Thread Chad Perrin
On Fri, Jun 08, 2012 at 08:18:16PM -0700, Rick Moen wrote: > Quoting Ben Tilly (bti...@gmail.com): > > [...] > > However if someone downstream re-releases under a copyleft license, > > there is essentially no chance of changes downstream of that ever > > being re-released under a permissive licens

Re: [License-discuss] proposal to revise and slightly reorganize the OSI licensing pages

2012-06-11 Thread Rick Moen
Quoting Bruce Perens (br...@perens.com): > It's regarding your statement: > >it doesn't seem likely to cast light on other areas of copyright >law. In particular, it cases none on what suffices to create a new >work and what is a derivative work. > > The point is that there's not /a

Re: [License-discuss] proposal to revise and slightly reorganize the OSI licensing pages

2012-06-11 Thread Bruce Perens
On 06/11/2012 12:52 AM, Rick Moen wrote: {scratches head} I think you must somehow be massively misreading what I said. Perhaps you thought I'd expressed a view about using an API (somehow) creating a derivative work? I didn't say anything of the sort. It's regarding your statement: it does

Re: [License-discuss] proposal to revise and slightly reorganize the OSI licensing pages

2012-06-11 Thread Chris Travers
On Mon, Jun 11, 2012 at 12:43 AM, Bruce Perens wrote: > What legal theory would make a user of an API a derivative work if the API > is not itself copyrightable? > > If there was a case like MySQL v. Nusphere without the contract, this is what I'd argue. Note I'd avoid saying "derivative" like th

Re: [License-discuss] proposal to revise and slightly reorganize the OSI licensing pages

2012-06-11 Thread Rick Moen
Quoting Bruce Perens (br...@perens.com): > What legal theory would make a user of an API a derivative work if > the API is not itself copyrightable? {scratches head} I think you must somehow be massively misreading what I said. Perhaps you thought I'd expressed a view about using an API (someho

Re: [License-discuss] proposal to revise and slightly reorganize the OSI licensing pages

2012-06-11 Thread Henrik Ingo
On Mon, Jun 11, 2012 at 10:37 AM, Bruce Perens wrote: > On 06/11/2012 12:18 AM, Henrik Ingo wrote: >> >> To be clear, NuSphere did not embed MySQL in their product, rather they >> embedded closed source components into MySQL > > Per Eben's testimony, the Gemini storage engine, using the MySQL API

Re: [License-discuss] proposal to revise and slightly reorganize the OSI licensing pages

2012-06-11 Thread Bruce Perens
What legal theory would make a user of an API a derivative work if the API is not itself copyrightable? On 06/11/2012 12:37 AM, Rick Moen wrote: I belive I heard that his holding is that Google wrote or commissioned independent code implementations of all 37, leaving only the question of whethe

Re: [License-discuss] proposal to revise and slightly reorganize the OSI licensing pages

2012-06-11 Thread Bruce Perens
On 06/11/2012 12:18 AM, Henrik Ingo wrote: To be clear, NuSphere did not embed MySQL in their product, rather they embedded closed source components into MySQL Per Eben's testimony, the Gemini storage engine, using the MySQL API for storage engines. Which would be a funny relevation after a coup

Re: [License-discuss] proposal to revise and slightly reorganize the OSI licensing pages

2012-06-11 Thread Rick Moen
Quoting Bruce Perens (br...@perens.com): > On 06/10/2012 10:49 PM, Rick Moen wrote: > >I believe this is entirely consistent with what I said, Bruce. You > >even said 'Read caselaw.' > > I think we need to come to grips to the fact that it may be possible > for GPL software to be embedded within

Re: [License-discuss] proposal to revise and slightly reorganize the OSI licensing pages

2012-06-11 Thread Henrik Ingo
On Mon, Jun 11, 2012 at 9:41 AM, Bruce Perens wrote: > On 06/10/2012 10:49 PM, Rick Moen wrote: >> >> I believe this is entirely consistent with what I said, Bruce. You even >> said 'Read caselaw.' > > > I think we need to come to grips to the fact that it may be possible for GPL > software to be

Re: [License-discuss] proposal to revise and slightly reorganize the OSI licensing pages

2012-06-10 Thread Bruce Perens
On 06/10/2012 10:49 PM, Rick Moen wrote: I believe this is entirely consistent with what I said, Bruce. You even said 'Read caselaw.' I think we need to come to grips to the fact that it may be possible for GPL software to be embedded within a proprietary software product a la NuSphere withou

Re: [License-discuss] proposal to revise and slightly reorganize the OSI licensing pages

2012-06-10 Thread Rick Moen
Quoting Bruce Perens (br...@perens.com): > I'm glad Rick's done. There is a good chance that you, not Rick, are > right. Recent case law is that APIs are bright lines between > separate works and that connections across APIs do not create > derivative works. And this is regardless of the way softw

Re: [License-discuss] proposal to revise and slightly reorganize the OSI licensing pages

2012-06-10 Thread Bruce Perens
On 06/09/2012 01:53 AM, Rick Moen wrote: Read caselaw. I'm done. I'm glad Rick's done. There is a good chance that you, not Rick, are right. Recent case law is that APIs are bright lines between separate works and that connections across APIs do not create derivative works. And this is regardl

Re: [License-discuss] proposal to revise and slightly reorganize the OSI licensing pages

2012-06-09 Thread Chad Perrin
On Thu, Jun 07, 2012 at 03:09:47PM -0700, Luis Villa wrote: > On Thu, Jun 7, 2012 at 3:04 PM, John Cowan wrote: > > Chad Perrin scripsit: > > > >> Is "have been approved through the [OSI's] license review process" really > >> a requirement for being an "open source license", or is that just a > >>

Re: [License-discuss] proposal to revise and slightly reorganize the OSI licensing pages

2012-06-09 Thread Rick Moen
Quoting Chris Travers (ch...@metatrontech.com): > Not exclusively. I cited cases (Lexmark, Sony, etc) where expressive > elements were included without permission but this was held to be de > minimis (Lexmark) or fair use (Sony, Galoob), or allowed on other > grounds. Yes, affirmative defences a

Re: [License-discuss] proposal to revise and slightly reorganize the OSI licensing pages

2012-06-09 Thread Chris Travers
Just one point in support of Rick's assertion here. My points as I stated I think clearly, are under the assumption that a court would look at the GPL v2 and try to map it directly to compiled/collected works (license allows without regard to license of other components) and derivative works (requ

Re: [License-discuss] proposal to revise and slightly reorganize the OSI licensing pages

2012-06-09 Thread Chris Travers
On Fri, Jun 8, 2012 at 11:01 PM, Rick Moen wrote: > Quoting Chris Travers (ch...@metatrontech.com): > >> Nowhere in these do I see any indication that mere inclusion of one >> work in another creates derivation. > > You will not find a simple acid test there or anywhere else.  And yet, > in my exp

Re: [License-discuss] proposal to revise and slightly reorganize the OSI licensing pages

2012-06-08 Thread Rick Moen
Quoting Chris Travers (ch...@metatrontech.com): > Nowhere in these do I see any indication that mere inclusion of one > work in another creates derivation. You will not find a simple acid test there or anywhere else. And yet, in my experience, if you read those cases, you will get the pattern of

Re: [License-discuss] proposal to revise and slightly reorganize the OSI licensing pages

2012-06-08 Thread Chris Travers
On Fri, Jun 8, 2012 at 7:46 PM, Rick Moen wrote: >> True, which is why I have sought out law review articles and case law. >>  I would think that a case like MySQL v. Nusphere if it came up today >> would still be a case of first impression, would it not?  I haven't >> yet found a case directly o

Re: [License-discuss] proposal to revise and slightly reorganize the OSI licensing pages

2012-06-08 Thread Rick Moen
Quoting Ben Tilly (bti...@gmail.com): [...] > However if someone downstream re-releases under a copyleft license, > there is essentially no chance of changes downstream of that ever > being re-released under a permissive license that can be reintegrated > back into the original project. To be del

Re: [License-discuss] proposal to revise and slightly reorganize the OSI licensing pages

2012-06-08 Thread Rick Moen
Quoting Chris Travers (ch...@metatrontech.com): > I don't think so. When we look at the case where this was raised as a > controversy (a wireless driver in Linux taken from, iirc OpenBSD), the > allegation was actually that no derivative work was created. The code > was just included wholesale a

Re: [License-discuss] proposal to revise and slightly reorganize the OSI licensing pages

2012-06-08 Thread Chris Travers
On Fri, Jun 8, 2012 at 12:49 AM, Rick Moen wrote: > Quoting Chris Travers (ch...@metatrontech.com): > >> Maybe I misunderstood what Larry Rosen was saying about the >> differences in the BSD and MIT licenses in his book then ;-). > > Oh, there is. > > The alleged '{relicensing|sublicensing} of BSD

Re: [License-discuss] proposal to revise and slightly reorganize the OSI licensing pages

2012-06-08 Thread Rick Moen
Quoting Bruce Perens (br...@perens.com): > On 06/08/2012 08:55 AM, Tzeng, Nigel H. wrote: > >It amazes me that after all these years GPL proponents [...] > Not a positive contribution. Factually mistaken premise, too. > There are simple economic justifications for using a > sharing-with-rules li

Re: [License-discuss] proposal to revise and slightly reorganize the OSI licensing pages

2012-06-08 Thread John Cowan
Chris Travers scripsit: > Not necessarily. I don't see why one can't license some rights > exclusively to one party and other rights exclusively to another > party. That's true. Most recent discussion uses the term "transfer of copyright", which may apply to some rights only. The point is that

Re: [License-discuss] proposal to revise and slightly reorganize the OSI licensing pages

2012-06-08 Thread Ben Tilly
On Thu, Jun 7, 2012 at 8:33 PM, Rick Moen wrote: > Quoting John Cowan (co...@mercury.ccil.org): [...] > My surmise is that the thing being referred to as '{sublicensing|relicensing} > of BSD works' is in fact stating the licensing for a derivative. > > A certain number of the BSD regulars remain d

Re: [License-discuss] proposal to revise and slightly reorganize the OSI licensing pages

2012-06-08 Thread Bruce Perens
On 06/08/2012 08:55 AM, Tzeng, Nigel H. wrote: It amazes me that after all these years GPL proponents [...] Not a positive contribution. There are simple economic justifications for using a sharing-with-rules license or a gift-style license. One determines the desired result, and then one or

Re: [License-discuss] proposal to revise and slightly reorganize the OSI licensing pages

2012-06-08 Thread Rick Moen
Quoting Tzeng, Nigel H. (nigel.tz...@jhuapl.edu): > It amazes me that after all these years GPL proponents are still > professing willful ignorance as to why some permissive developers see a > difference between the two practices. Go figure. I am not, and never have been, in any sense a 'GPL pro

Re: [License-discuss] proposal to revise and slightly reorganize the OSI licensing pages

2012-06-08 Thread Tzeng, Nigel H.
It amazes me that after all these years GPL proponents are still professing willful ignorance as to why some permissive developers see a difference between the two practices. Go figure. Perhaps because a proprietary derivative doesn't impact the potential pool of open source contributors but a GP

Re: [License-discuss] proposal to revise and slightly reorganize the OSI licensing pages

2012-06-08 Thread Rick Moen
Quoting Chris Travers (ch...@metatrontech.com): > Maybe I misunderstood what Larry Rosen was saying about the > differences in the BSD and MIT licenses in his book then ;-). Oh, there is. The alleged '{relicensing|sublicensing} of BSD code', however, inevitably turns out in the real world to be

Re: [License-discuss] proposal to revise and slightly reorganize the OSI licensing pages

2012-06-08 Thread Rick Moen
Quoting Chuck Swiger (ch...@codefab.com): > What is a matter of concern is when someone removes a copyright statement > and the BSD license terms from source code Obviously both abhorrent and illegal, irrespective of anything that follows. > I'm thinking of the g4u vs g4l situation. You may

Re: [License-discuss] proposal to revise and slightly reorganize the OSI licensing pages

2012-06-07 Thread Chris Travers
On Thu, Jun 7, 2012 at 10:52 PM, John Cowan wrote: > Chris Travers scripsit: > >> I am not 100% sure but I think after the changes in 2010, exclusive >> licensees are now assumed to have sublicense rights as well. > > An exclusive license is really a transfer of copyright ownership, and the > enti

Re: [License-discuss] proposal to revise and slightly reorganize the OSI licensing pages

2012-06-07 Thread John Cowan
Chris Travers scripsit: > I am not 100% sure but I think after the changes in 2010, exclusive > licensees are now assumed to have sublicense rights as well. An exclusive license is really a transfer of copyright ownership, and the entire bundle of rights (including the right to say what the lic

Re: [License-discuss] proposal to revise and slightly reorganize the OSI licensing pages

2012-06-07 Thread Chuck Swiger
On Jun 7, 2012, at 8:33 PM, Rick Moen wrote: > My surmise is that the thing being referred to as '{sublicensing|relicensing} > of BSD works' is in fact stating the licensing for a derivative. Probably. My own opinion is that folks who do anything less than a substantial rewrite of software ought

Re: [License-discuss] proposal to revise and slightly reorganize the OSI licensing pages

2012-06-07 Thread Chris Travers
On Thu, Jun 7, 2012 at 8:18 PM, John Cowan wrote: > Rick Moen scripsit: > >> I keep hearing a limited group of people speaking of this alleged tort >> ('purporting to sublicense'), but fail to find it in copyright law. > > Is there actually such a thing as copyright sublicensing?  I suspect not. >

Re: [License-discuss] proposal to revise and slightly reorganize the OSI licensing pages

2012-06-07 Thread Rick Moen
Quoting John Cowan (co...@mercury.ccil.org): > Is there actually such a thing as copyright sublicensing? I suspect not. > In which case "purporting to sublicense" an unchanged copy of a work > is usurping the copyright owner's right to control the license, and > likewise for a copy whose changes

Re: [License-discuss] proposal to revise and slightly reorganize the OSI licensing pages

2012-06-07 Thread John Cowan
Rick Moen scripsit: > I keep hearing a limited group of people speaking of this alleged tort > ('purporting to sublicense'), but fail to find it in copyright law. Is there actually such a thing as copyright sublicensing? I suspect not. In which case "purporting to sublicense" an unchanged copy

Re: [License-discuss] proposal to revise and slightly reorganize the OSI licensing pages

2012-06-07 Thread Rick Moen
Quoting Chris Travers (ch...@metatrontech.com): > Therefore, I think that lawsuits will more likely occur regarding the > scope of requirements of the license than excusing one from the > requirements directly So, basically, 'Yes, this licence articulates the licensor's requirements, and he/s

Re: [License-discuss] proposal to revise and slightly reorganize the OSI licensing pages

2012-06-07 Thread Luis Villa
On Thu, Jun 7, 2012 at 3:04 PM, John Cowan wrote: > Chad Perrin scripsit: > >> Is "have been approved through the [OSI's] license review process" really >> a requirement for being an "open source license", or is that just a >> requirement for being *certified* as an "open source license" by the OS

Re: [License-discuss] proposal to revise and slightly reorganize the OSI licensing pages

2012-06-07 Thread John Cowan
Chad Perrin scripsit: > Is "have been approved through the [OSI's] license review process" really > a requirement for being an "open source license", or is that just a > requirement for being *certified* as an "open source license" by the OSI? Clearly the latter. The text should be adjusted acco

Re: [License-discuss] proposal to revise and slightly reorganize the OSI licensing pages

2012-06-07 Thread Christopher Allan Webber
Just chiming in... I am also 1000% behind this. Looks like a great move forward. Karl Fogel writes: > I completely support this, and am very happy to have it supersede my > original proposed new page -- this way is better, both in the short term > and the long term. Thanks for the well-explain

Re: [License-discuss] proposal to revise and slightly reorganize the OSI licensing pages

2012-06-07 Thread Chris Travers
On Wed, Jun 6, 2012 at 7:23 PM, Rick Moen wrote: > Quoting Chris Travers (ch...@metatrontech.com): > >> That assumes the goal is to invalidate a license's grant of rights. > > Shortly below what you quoted: > >  There are of course other parties who might sue (other than a licensee), >  and other

Re: [License-discuss] proposal to revise and slightly reorganize the OSI licensing pages

2012-06-06 Thread Rick Moen
Quoting Chris Travers (ch...@metatrontech.com): > That assumes the goal is to invalidate a license's grant of rights. Shortly below what you quoted: There are of course other parties who might sue (other than a licensee), and other matters that might be asserted. > Far more likely, I wo

Re: [License-discuss] proposal to revise and slightly reorganize the OSI licensing pages

2012-06-06 Thread Chad Perrin
I'll try to avoid the minor tempest about the list that has nothing to do with the proposal for a new format for a landing page, and just ask a question: On Sat, Jun 02, 2012 at 12:35:06PM -0700, Luis Villa wrote: > > Open Source licenses are licenses that comply with the Open Source > Defini

Re: [License-discuss] proposal to revise and slightly reorganize the OSI licensing pages

2012-06-05 Thread Chris Travers
On Tue, Jun 5, 2012 at 8:32 PM, Rick Moen wrote: > And why in particular might litigation be dumb?  Consider permissive > licences, for example.  A licensee suing to invalidate such a licence's > grant of rights would achieve... having fewer rights.  I.e., licensee > would have some implied right

Re: [License-discuss] proposal to revise and slightly reorganize the OSI licensing pages

2012-06-05 Thread Bruce Perens
Rick, I suggested that metric to tease Larry. He's been vociferous about the GPL and its enforcement previously. You bring up the issue of court tests, though. It's not really the licenses that need testing, but some of the assumptions upon which they are built. So, Jacobsen v. Katzer was us

Re: [License-discuss] proposal to revise and slightly reorganize the OSI licensing pages

2012-06-05 Thread Rick Moen
I wrote: > Quoting Bruce Perens (br...@perens.com): > > > On 06/04/2012 09:36 AM, Lawrence Rosen wrote: > > >Get rid of any indication that "popularity" [1] has anything to do > > >with legal viability. > > Yes. Let's instead rank the legal viability of licenses according to > > which ones have b

Re: [License-discuss] proposal to revise and slightly reorganize the OSI licensing pages

2012-06-05 Thread Mike Milinkovich
Larry, I think that there is a broad consensus that a new attempt at license categorization should be undertaken. However, I think it is fair to say that everyone believes that such a process will take a significant amount of time to initiate, and run to completion. And we all need to recogniz

Re: [License-discuss] proposal to revise and slightly reorganize the OSI licensing pages

2012-06-05 Thread Mike Milinkovich
I don't think that the inclusion of MPL 2.0 in any way a bad decision. My assumption is that the Steward of the MPL requested that all significant references to the the MPL be modified to point to the new version. Similarly, the original list included both the CPL and the EPL. When the CPL was depr

Re: [License-discuss] proposal to revise and slightly reorganize the OSI licensing pages

2012-06-05 Thread Karl Fogel
e----- >From: Karl Fogel [mailto:kfo...@red-bean.com] >Sent: Tuesday, June 05, 2012 8:24 AM >To: lro...@rosenlaw.com >Cc: Luis Villa >Subject: Re: [License-discuss] proposal to revise and slightly >reorganize the OSI licensing pages > >  > >"Lawrence Rosen" writ

Re: [License-discuss] proposal to revise and slightly reorganize the OSI licensing pages

2012-06-05 Thread Bruce Perens
On 06/05/2012 09:22 AM, Lawrence Rosen wrote: [I’ll add something now about MPL 2.0: It was submitted for approval in early December of last year and approved within a few months, as it should have been; it is a good license. Yet it appears already on the list of OSI-approved licenses” as “po

Re: [License-discuss] proposal to revise and slightly reorganize the OSI licensing pages

2012-06-05 Thread Lawrence Rosen
ith cronyism, misinformation, and unnecessary politics. Not good at all /Larry > > >-Original Message- >From: Karl Fogel <mailto:[mailto:kfo...@red-bean.com]> [mailto:kfo...@red-bean.com] >Sent: Sunday, June 03, 2012 4:14 PM >

Re: [License-discuss] proposal to revise and slightly reorganize the OSI licensing pages

2012-06-04 Thread Lawrence Rosen
3001 King Ranch Rd., Ukiah, CA 95482 Office: 707-485-1242 -Original Message- From: Bruce Perens [mailto:br...@perens.com] Sent: Monday, June 04, 2012 10:24 AM To: lro...@rosenlaw.com; license-discuss@opensource.org Subject: Re: [License-discuss] proposal to revise and slightly reorganize

Re: [License-discuss] proposal to revise and slightly reorganize the OSI licensing pages

2012-06-04 Thread Rick Moen
Quoting Bruce Perens (br...@perens.com): > On 06/04/2012 09:36 AM, Lawrence Rosen wrote: > >Get rid of any indication that "popularity" [1] has anything to do > >with legal viability. > Yes. Let's instead rank the legal viability of licenses according to > which ones have been enforced successfull

Re: [License-discuss] proposal to revise and slightly reorganize the OSI licensing pages

2012-06-04 Thread Lawrence Rosen
1242 -Original Message- From: Luis Villa [mailto:l...@tieguy.org] Sent: Monday, June 04, 2012 10:02 AM To: lro...@rosenlaw.com; license-discuss@opensource.org Subject: Re: [License-discuss] proposal to revise and slightly reorganize the OSI licensing pages On Mon, Jun 4, 2012 at 9:36

Re: [License-discuss] proposal to revise and slightly reorganize the OSI licensing pages

2012-06-04 Thread Bruce Perens
On 06/04/2012 09:36 AM, Lawrence Rosen wrote: Get rid of any indication that "popularity" [1] has anything to do with legal viability. Yes. Let's instead rank the legal viability of licenses according to which ones have been enforced successfully the most times. You have no problem with that, d

Re: [License-discuss] proposal to revise and slightly reorganize the OSI licensing pages

2012-06-04 Thread Chuck Swiger
Hi-- On Jun 4, 2012, at 9:36 AM, Lawrence Rosen wrote: > Luis Villa writes: >> The following Open Source licenses are popular, widely used, or >> have strong communities: > > As long as that list remains, I will object. It is inaccurate, incomplete, > misleading, subject to cronyism and personal

Re: [License-discuss] proposal to revise and slightly reorganize the OSI licensing pages

2012-06-04 Thread Luis Villa
On Mon, Jun 4, 2012 at 9:36 AM, Lawrence Rosen wrote: > Luis Villa writes: >> The following Open Source licenses are popular, widely used, or >> have strong communities: > > As long as that list remains, I will object. It is inaccurate, incomplete, > misleading, subject to cronyism and personal bi

Re: [License-discuss] proposal to revise and slightly reorganize the OSI licensing pages

2012-06-04 Thread Lawrence Rosen
y.org] Sent: Monday, June 04, 2012 9:17 AM To: License Discuss Subject: Re: [License-discuss] proposal to revise and slightly reorganize the OSI licensing pages On Sat, Jun 2, 2012 at 12:35 PM, Luis Villa wrote: >    The following Open Source licenses are popular, widely used, or > have s

Re: [License-discuss] proposal to revise and slightly reorganize the OSI licensing pages

2012-06-04 Thread Luis Villa
On Sat, Jun 2, 2012 at 12:35 PM, Luis Villa wrote: >    The following Open Source licenses are popular, widely used, or > have strong communities: > >        Apache License, 2.0 (Apache-2.0) >        BSD 3-Clause "New" or "Revised" license (BSD-3-Clause) >        BSD 3-Clause "Simplified" or "Free

Re: [License-discuss] proposal to revise and slightly reorganize the OSI licensing pages

2012-06-03 Thread Karl Fogel
I completely support this, and am very happy to have it supersede my original proposed new page -- this way is better, both in the short term and the long term. Thanks for the well-explained proposal, Luis. I especially like the second item under Miscellany, by the way :-). That will make mainten

[License-discuss] proposal to revise and slightly reorganize the OSI licensing pages

2012-06-02 Thread Luis Villa
Hi, all- Following up on Karl's email of a few months ago, this is a deliberately low-key proposal from me and other board members to simplify and improve how the OSI-approved licenses are presented on the OSI website. As it currently stands, we don't have a page we can point a newcomer to to lear