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Re: Open Card Consortium Source License - DFSG free?



On 27-Mar-2002 Ben Pfaff wrote:
> I'm thinking about packaging the Java-based Open Card Framework
> for use in accessing "smart cards".  It's freely available from
> www.opencard.org.  I'm using it with a Java-based iButton
> (www.ibutton.org).  The license is enclosed below, unchanged
> except for formatting to fit within standard email margins.  
> 
> Does anyone see a reason why it is not DFSG-free?  The paragraph
> that bothers me the most is the one at the end of clause 3:
> 
>     Each Contributor agrees to provide condensed summaries of its
>     Contributions to OCC periodically, from time to time on a
>     schedule decided solely by Contributor, either with or
>     without copies of the Program as modified by such
>     Contributions.
> 
> I know that we've rejected mandatory notification clauses before,
> but this one seems particularly flexible given that the schedule
> is "decided solely by Contributor", and I'm not sure whether it
> would still be a problem.  Comments?
> 

That is a sticky one.  Not sure how I feel about it.  Part of me says they are
being reasonable and flexible.  But then another part of me wants to know why
they are looking over my shoulder.

My only other concern is over a bit of convoluted legalese.  They define a
contribution as 

<quote>
Contributions do not include additions to the Program
which: (i) are separate modules of software distributed
separately or in conjunction with the Program under their own
license agreement or no license agreement, and (ii) are not
derivative works of the Program.  Changes referred to in this
paragraph may be deletions and/or other alterations.
</>

Does this mean a derived work is NOT a Contribution?  Most of the rights given
are for Contributions.  Later on the explicitly give the right to make derived
works.  My feeble non lawyer mind was just a little confused.


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