It's incompatible with the GPL

[Akil Franklin]

I found the comments surrounding the GPL quite interesting and
thought-provoking. I normally don't indulge in long list responses, but
I hope that you will forgive this lapse:

Ferndando Velloso wrote:

>>After reviewing The Open Source Milestone Application Framework
>>License, Version 1.5, I coclude that it's incompatible with the GNU
>>GPL. The clauses 3 and 6 make this incompatibility.

This is probably true. But we must remember that the intent of the GNU
license is to "license" totally free software for the creation of other
totally free software. In other words, this license is not commercially
viable.

It seems to me that it is impossible to have a license that is
"compatible" with the GNU GPL given clause 6 of the GPL:

------------------------------------------------------------------------
6. Each time you redistribute the Program (or any work based on the
Program), the recipient automatically receives a license from the
original licensor to copy, distribute or modify the Program subject to
these terms and conditions. You may not impose any further restrictions
on the recipients' exercise of the rights granted herein. You are not
responsible for enforcing compliance by third parties to this License.
------------------------------------------------------------------------

This clause would seem to make the GNU license incompatible with all
other licenses... as it should be. Its strength is its clear intent to
ensure that all users play by their rules of free software-- and their
rules only. Unfortunately however, these rules make commercial viability
for GNU-licensed software an impossibility.

It should be noted that clause 3 of the MAF license is taken directly
from the Apache License's clause 3:
------------------------------------------------------------------------
3. The end-user documentation included with the redistribution, if any,
must include the following acknowledgment:

"This product includes software developed by the Apache Software
Foundation (http://www.apache.org/)."

Alternately, this acknowledgment may appear in the software itself, if
and wherever such third-party acknowledgments normally appear.
------------------------------------------------------------------------

Since this clause appears in another approved license its presence here
can't be seen as a bar to approval. It should be noted that clause 6
also appeared in version 1.0 of the Apache license and does not conflict
with the OSD.

Further, these clauses are included to provide commercial viability.
This product is the result of over 3 years of application framework
research and development effort and represents a considerable fiscal
investment. We could always release the software under the GNU
license... but then no one would use it for a commercial purpose. 

In order for open source products to be commercially viable at all,
there must be some recognizable benefit. Consider the "mission" of the
Open Source Initiative as published on www.opensource.org:

------------------------------------------------------------------------
We in the open source community have learned that this rapid
evolutionary process produces better software than the traditional
closed model, in which only a very few programmers can see the source
and everybody else must blindly use an opaque block of bits.

Open Source Initiative exists to make this case to the commercial world.
------------------------------------------------------------------------

Clauses 3 & 6 are of the MAF License v1.5 therefore are not only
COMPLIANT with the OSD, they are IN THE SPIRIT of the Open Source
Initiative.

At this point I feel obliged to deliver a rendition of the National
Anthem and bake an apple pie, but instead I will provide clauses 3 & 6
are of the MAF License v1.5 for your convenience:
--------------------------------------------------------------------
3. The end-user documentation included with the redistribution, if any,
must include the following acknowledgment: "This product includes
software developed by Milestone Technology Group, LLC.
(www.techMilestone.com)." This acknowledgment must also appear in the
software itself, if and wherever such third-party acknowledgments
normally appear. 

6. All advertising materials mentioning features or use of this software
must display the following acknowledgement: "Powered by the Milestone
Application Framework (www.techMilestone.com)" 
--------------------------------------------------------------------

-- Akil

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