Request for approval: IPL 1.0

[Ben Tilly]

Ralf Schwoebel <puzzler at intradat.com> wrote:
>Hi Everybody,
>
>hereby we release our OpenSource license as announced in the last
>Open magazine. We are sure that we fullfill the basics from the
>http://www.opensource.org/osd.html
>page, but we already got some feedback like:
>
>"...there is no need for an additional license..."
>
>from the german jurisdiction point of view, we totally disagree.
>
>We kindly ask for serious comments.
>
My first comment is that we don't need an additional
license.

My second comment is that if this meets the open
source definition then that is a flaw in the
definition.

My third comment is that 2.2.a (that people with
this license can use the software appears to me
to be in serious conflict with 3.1 (that people
may need license keys from IPL to run this
software).  You may claim that is because the
section in 2.2.a is subject to other intellectual
property claims.  Be that as it may, but your
requirement conflicts with item 7 of the open
source definition.  (You may not require an
additional license.)

My fourth comment is that 3.3 (that the code for
license keys cannot be deleted and must be
included in anything that copies from the software)
may or may not meet item 3 of the open source
definition (derived works) but to the extent it
does shows a flaw in the wording of that section.

My fifth comment is that section 5.2 (requiring
fees from anyone doing modification and support
for third parties) is particuarly awful, and IMO
violates sections 5 and 6 of the open source
definition.

I could go on, but let me summarize.

I am not a lawyer.  But I do not believe that you
have met the open source definition.  If your
license is by some miracle accepted by the OSI as
being compliant, I will consider that a failure
of the process and not a recommendation for your
license.  I will refuse to use or recommend any
software produced under this license.  I suspect
from your license that you are unclear on what
this whole open-source thing is.

Regards,
Ben Tilly

>best regards,
>Ralf "puzzler" Schwoebel
>CEO, intraDAT international inc.
>11250 Roger Bacon Drive (#3)
>Reston, VA 20190
>Tel.: 703 796 0000
>
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