Two new licenses - OVPL & OVLPL

Kevin Bedell kbedell at blackducksoftware.com
Mon Apr 11 13:31:30 UTC 2005


Under what circumstances are developers required to provide code back to the
ID? Am I correct in assuming that code needs to be provided/licensed back to
the ID if one chooses to engage in 'distribution'?

If I create a derivative work in which the ID's code makes up only 10% (or
less) of the overall code base, am I required to license my 90% (or more)
back to the ID under the terms you've described?

Using the GPL, as I understand, I need only provide my code to those I
distribute the derivative work to -- not to the ID as well.

Under this license, it would seem as if I need to distribute source code in
all circumstances both to the people I distribute my application to as well
as back to the ID.

I'd question whether or not this met OSD criteria #1 and #5.

"1. Free Redistribution

The license shall not restrict any party from selling or giving away the
software as a component of an aggregate software distribution containing
programs from several different sources. The license shall not require a
royalty or other fee for such sale."


Comment: If the license requires me to provide a license to the ID of my
modifications in order for me to redistribute code under the license, I'd
question whether or not that could be considered "Free Redistribution".


"5. No Discrimination Against Persons or Groups

The license must not discriminate against any person or group of persons."

Comment: This license clearly provides different rights for the ID than it
provides for all others. I'd ask if this would be considered discrimination.
Even if there is a quid pro quo, it may still be considered discriminatory.


To argue the other side, I can see how this license may provide significant
benefits to a vendor in terms of engaging their customers/business partners
as co-developers. While I believe this license is of value, I'd question
whether or not it could be considered "open source".


IANAL, etc.


-kevin


--
Kevin Bedell
Black Duck Software
100 Beaver St
Waltham, MA 02453
http://www.blackducksoftware.com
(p) 781-891-5100 x-140
(c) 603-422-1517





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