Microsoft's near-OSD-compliant shared source license

Rick Moen rick at
Tue Jul 1 06:32:57 UTC 2003

Quoting Brian Behlendorf (brian at

> Any thoughts?
> This is perhaps the one segment that makes it not OSD-compliant,
> violating OSD #9, but I'm not sure:
>   [You agree] [t]hat you are not allowed to combine or distribute the
>   Software with other software that is licensed under terms that seek to
>   require that the Software (or any intellectual property in it) be
>   provided in source code form, licensed to others to allow the creation
>   or distribution of derivative works, or distributed without charge.

I notice that the terms "combine with" and "distribute with" are
undefined -- which tempts one to speculate about the restriction's
scope: On the face of it, such wording might ban covered software's
inclusion with "software under terms that seek to require [etc.]"
physically within (1) a CD-ROM, (2) a knapsack, (3) a FedEx delivery
truck, or perhaps even (4) a commercial jet used for airmail.

That strikes me as waaay over the border of OSD #9, in short.

But hey, at least they're trying their hand at innovation.  ;->

Cheers,              First they came for the verbs, and I said nothing, for
Rick Moen            verbing weirds language.  Then, they arrival for the nouns
rick at  and I speech nothing, for I no verbs. - Peter Ellis
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