Subscription/Service Fees - OSD Intent

[Eric Jacobs]

David Johnson <david at usermode.org>:

> 
> It may certainly be possible to have a registration fee for Open Source 
> software. I am not denying that. However, until such a time as the 
> registration fee is paid, the software cannot be considered Open Source. 
> If a
> registration fee were allowed in an Open Source license, then if Andy 
> has
> paid the registration fee, then gives the software to Bob, Bob does not 
> have to pay the registration fee, since all the rights attached to the 
> Andy's copy of the software transfer to Bob (#7).

It is this sort of illogical argument that will prevent this issue from
ever coming to rest. Let me offer an analogy.

) It may certainly be possible to have a [requirement that derivative works
) be licensed under the GPL] for Open Source software. I am not denying
) that. However, until such a time as the [requirement that derivative
) works be licensed under the GPL] is [met], the software cannot be
) considered Open Source. If a [requirement that derivative works be
) licensed under the GPL] were allowed in an Open Source license, then
) if Andy has [met the requirement by distributing his derivative work
) under the GPL], then gives the software to Bob, Bob does not have to
) [meet the requirement to distribute derivative works under the GPL],
) since all the rights attached to the Andy's copy of the software
) transfer to Bob (#7).

Plainly, this is not what #7 means.

Eric
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