[CAVO] FW: [LN] Definition of "open source software"

[Lawrence Rosen]

CAVO: I forward the below email that I wrote to a lawyer in Germany. This is relevant to CAVO because we recommend the GPLv3 license for such elections software. I know that Brian Fox is also a strong supporter of copyleft licenses like the GPLv3.  /Larry

 

“Open source software” means software actually distributed to the public under software licenses that provide that every licensee is free to make copies of the software or derivative works thereof, to distribute them without payment of royalties or other consideration, and to access and use the complete source code of the software.

 

<snip>

 

Till Jaeger wrote:

> Would "without consideration" exclude copyleft software? The concept of consideration does not exist in my jurisdiction.

 

The primary definition of "consideration" in the legal dictionary is "payment or money." http://legal-dictionary.thefreedictionary.com/consideration. 

 

Copyleft should definitely not be excluded.

 

We can avoid any confusion by expressly recommending the GPLv3 for election software. The proponents of this ballot initiative like copyleft and actively support the GPL. 

 

Anyway, this proposal is for the California Constitution, where consideration is a well-understood contractual and licensing concept that isn't directly related to or incompatible with copyleft. 

 

/Larry

 

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