OpenDesk.com License Proposal

[Bruce Perens]

RMS has considered attaching requirements to "public performance" in the next
version of the GPL. Copyright law addresses public performance, and that could
be made to fit presentation on a web server, etc.

From: Andrew J Bromage <ajb at buzzword.cc.monash.edu.au>
> Modern techniques of application serving and programming language
> implementation mean that it doesn't really help preserve either the
> openness or freedom (take your pick) of many modern applications.

True. IMO the biggest problem is that copyright law does not consider
_reference_ a form of derivation. For example, if you use a library without
copying it, that's reference. Fortunately, you are still copying the headers
into your executable, but this is legaly rather shaky as it might be an API
copyright.

So, IMO, if you want to preserve the "partnership" quality like that of the
GPL (I don't say "viral", I think it's pejorative), you must write your
license as a tear-open contract, not a straight copyright permission, and
you must have language covering "reference" in your license. Nobody's done
this under an Open Source license so far, so I have yet to see language that
addresses this and is still Open Source.

	Thanks

	Bruce