For Approval: Some License Or Another

Alvin Oga alvin at
Tue Nov 30 04:16:03 UTC 2004

hi ya chuck

On Mon, 29 Nov 2004, Chuck Swiger wrote:

> > On Mon, 29 Nov 2004, Chuck Swiger wrote:
> Good description!  I agree that some software authors, OS vendors, and 
> redistributors look to this list and similar FSF/GNU lists for help creating 
> an "open license" which "plays nice" with existing software.
> The devil is in the details.  :-)

and the more detailed the better .. :-)

> I admit that I would prefer OSI license candidates to pass the "resume test" 
> (namely, "OSD #11: it all needs to fit on one page or it's too long!" :-)

and yes, there should be a 1page summary of key points too
	- CC licenses are good/simple/easy that way ... just a few lines

> IANAL; while I believe that people have to be able to understand a license 
> before it could be truthfully asserted that such person has agreed to the 
> terms of the license, that is up to the courts.

the big problem, is if one doesn't agree with 1 of the items in the
terms, do you return the widget or live with it or break the agreement ??
	- most everybody breaks the terms ( violating the license terms )

> I am assured that cooks cover their mistakes with more ketchup, that doctors 
> cover their mistakes with more blood, and that lawyers cover their mistakes 
> with more words.

sw code is covered with "patches" :-)
	- more bugs .. more patches, vs new releases w/ "feature

> Frankly, however, we in the software industry have had it easy for decades via 
> the standard "no warranty/disclaimer in CAPS" compared with, say, the legal 
> agreements, arguments, and contracts found in the entertainment industry.

and legal documents have:
	- attorneys fees to be paid
	- all unenforceable terms to be removed, but rest of the license
	to stay intact and enforceable
	- blah blah for more disclaimers too

> > 	"practicing law without a license"
> I believe that applies only to claiming to be a lawyer and providing legal 
> advice to other people.

i don't think you need to "claim to be one", but just provide "advice" or
documents can be dangerous too if one is not careful
 	- and talking and learning from non-lawyers can be good too,
	if it'd save the $500/hr legal bills before you go in to get 
	the "real license written"

have fun

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