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Re: Open Software License

On Mon, 2003-06-02 at 16:16, Joey Hess wrote:

>   c) to distribute copies of the Original Work and Derivative Works
>   to the public, with the proviso that copies of Original Work or
>   Derivative Works that You distribute shall be licensed under the
>   Open Software License;
> 3) Grant of Source Code License. The term "Source Code" means the
> preferred form of the Original Work for making modifications to it and
> all available documentation describing how to access and modify the
> Original Work. Licensor hereby agrees to provide a machine-readable
> copy of the Source Code of the Original Work along with each copy of
> the Original Work that Licensor distributes.

Damn is that a weird way to phrase copyleft. I'm not sure its
enforceable, quite frankly. How can a copyright license put demands on
the copyright holder?

> 5) External Deployment. The term "External Deployment" means the use
> or distribution of the Original Work or Derivative Works in any way
> such that the Original Work or Derivative Works may be accessed or
> used by anyone other than You, [...]

Already noted by another poster as non-free. Gotta wonder how to comply
with this one if, e.g, I decide to use it as part of a router.

> 6) Warranty and Disclaimer of Warranty. LICENSOR WARRANTS THAT THE

Wow, that's taking on a lot of liability, at least compare to normal
open source works.

> 9) Mutual Termination for Patent Action. This License shall terminate
> automatically and You may no longer exercise any of the rights granted
> to You by this License if You file a lawsuit in any court alleging
> that any OSI Certified open source software that is licensed under any
> license containing this "Mutual Termination for Patent Action" clause
> infringes any patent claims that are essential to use that software.

Hmmm, too bad its so easy to get around that clause, methinks... "No, we
didn't sue you --- our wholly-owned subsidiary did!"

> 10) Jurisdiction, Venue and Governing Law. You agree that any lawsuit
> arising under or relating to this License shall be maintained in the
> courts of the jurisdiction wherein the Licensor resides or in which
> Licensor conducts its primary business, and under the laws of that
> jurisdiction excluding its conflict-of-law provisions.

Haven't we rejected these clauses before? This is no different than
"Under the laws of the Commonwealth of Virginia, United States" except
its much more confusing (where does the licensor live today?)

> The application
> of the United Nations Convention on Contracts for the International
> Sale of Goods is expressly excluded.

WTF is this convention, anyway? Everyone seems to exclude it.

> Any use of the Original Work
> outside the scope of this License or after its termination shall be
> subject to the requirements and penalties of the U.S. Copyright Act,
> 17 U.S.C. § 101 et seq., the equivalent laws of other countries, and
> international treaty. This section shall survive the termination of
> this License.

(If you break the law, you are subject to the penalties for breaking the
law --- what a surprise! Anyone want to change Title 17 to Title 51?)

> 13) Definition of "You" in This License. "You" throughout this
> License, whether in upper or lower case, means an individual or a
> legal entity exercising rights under, and complying with all of the
> terms of, this License.

Nice way to define section 9 right out of existence. After all a "You"
in section 9 is not complying with the license...

> For legal entities, "You" includes any entity
> that controls, is controlled by, or is under common control with you.
> For purposes of this definition, "control" means (i) the power, direct
> or indirect, to cause the direction or management of such entity,
> whether by contract or otherwise, or (ii) ownership of fifty percent
> (50%) or more of the outstanding shares, or (iii) beneficial ownership
> of such entity.

Well, at least that closes the wholly-owned subsidiary problem.

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