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

[Patrick Masson]

Thanks Larry,
I would just want to be sure that we avoid confusion over open source
== copyleft. I am sure you already know this.
Patrick

On Tue, 2018-01-16 at 09:17 -0800, Lawrence Rosen wrote:
> 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/con
> sideration. 
>  
> 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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> g
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Patrick Masson
General Manager & Director, Open Source Initiative
855 El Camino Real, Ste 13A, #270
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