Hi Josh,

> Wanted to quickly share with you all that, with your encouragement, I've 
> continued
> pursuing BTC License in hopes of garnering enough adoption to eventually make 
> it
> a viable SPDX License List contender.

Thank you for the link to the blog. Whilst gaining adoption certainly helps to 
get onto the SPDX license list, it is not the only consideration. The 
fundamental blocker here is that BTC is substantially identical to ISC and 
therefore from the SPDX point of view they are the same license.

Since we may have different understanding of the word license it may help to 
consider the issue using different terms: copyright notice to mean the lines of 
the form ‘Copyright © ….’, and legal terms to mean the listing of rights and 
obligations in order to use the software.

SPDX exists to help make it easier to comply with the legal terms when using 
open source software. It does so by cataloguing the common sets of legal terms 
found in open source code and ensuring that each unique set of legal terms has 
a unique identifier and name. The common identifier means we can communicate 
easily and concisely amongst each other, knowing that we all refer to the same 
legal terms. Requiring unique legal terms for each identifier is an important 
property, as it helps us to avoid unnecessary legal work when reviewing legal 
terms that are identical. SPDX does not consider the copyright notice to be 
relevant for the purposes of identification, because generally the exact 
names/authors in the copyright notice do not affect the rights and obligations 
that exist to a user of that software. Thus, when SPDX uses the term license, 
it principally means the legal terms, and the existence and form of any 
copyright notices is less important.

From your perspective, it sounds like you consider the uniqueness of a license 
to take into account both the legal terms as well as the specific form of the 
copyright notice. This is a perfectly valid alternative view point, but we must 
realise that this differs from SPDX, and unless somebody changes their 
definition then no progress will be made. SPDX has some good reasons for 
choosing this particular stance, as outlined above, so I think it is unlikely a 
change will come from SPDX 😊

Return to your idea, allowing users of software to financially compensate 
developers is a worthy goal. However, I am not convinced that introducing a 
newly named license that differs only from ISC by copyright notice is the best 
way to achieve this. The software world already has too many licenses and the 
decision to introduce a new one in my opinion should really only be done as a 
last resort. Every differently named license adds more work for users to 
determine legal compliance (even if only to check that the legal terms are the 
same as terms that have already been reviewed).

What are the alternatives? I think that rather than pitching this as a new 
license, just instead pitch it as a different form of copyright notice. An 
obvious benefit of doing so is that this can be applied to any license, not 
just ISC. Whether the form of copyright notice proposed actually fulfils any 
legal requirements for such notices ought to be considered and is something 
that I cannot advise on. Additional or alternative ways to apply the idea are 
to list such details in the AUTHORS or MAINTAINERS files that accompany many 
projects or on the project website. I think the idea is more likely to take off 
if it can be more broadly applied in different ways.

Sam.

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