OSD modification regarding what license can require of user

Bruce Perens bruce at perens.com
Thu Mar 14 06:53:58 UTC 2002

Bruce wrote (in part)
> So, what if it turns out that the present GPL doens't hold up with regard
> to dynamic linking? Some future version of the GPL might have to place a
> constraint on the user regarding combination of works on the user's system
> that would, if it were distributed in that form, be considered a derived work.
> I think that should be allowed by the OSD.

On Thu, Mar 14, 2002 at 01:05:34AM -0500, Forrest J. Cavalier III wrote:
> Did you somehow mean "constraint on the publisher regarding 
> combination of works on the user's system"?

If we really _can_ implement this as a constraint on the distributor,
rather than the user, that would leave us in _much_ better shape.
Would you like to float some sample legal language to implement that?
I have access to a legal staff to review it. If we can assure ourselves
that it's possible, that leaves indemnification and the ASP problem.
Indemnification is a must, IMO. The ASP problem, in contrast, is a
wish-list item we could lose.

> "freedom" and "requirement" are direct opposites.

Of course. I hope you accept that we _don't_ live in the libertarian
utopia. Thus, some turning of the dominant legal structure upon its
head is necessary. Our only avenue for doing that is the creative
use of legal restriction.


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