OSI-approved license that assigns contributor copyright to me
David Barrett
dbarrett at quinthar.com
Tue Jul 12 22:19:02 UTC 2005
Alex Bligh wrote:
>
> Yes - that's exactly the sort of approach we took with the OVPL :-)
> The main difference between our approaches is really that the OVPL is
> long, and your license is short.
Ok, after all this I think I've come around to complete agreement with
you. I agree that:
1) No existing OSI license does what the OPVL does
2) The goals of the OVPL are compatible with OSI principles
3) The goals of the OVPL are the same as mine
So really my remaining hangup on using the OVPL is:
a) It's not yet OSI-approved (symbolic, yes, but important)
b) It's really frickin' long and complicated.
(b) is the bigger hangup of mine. I feel like I'm reading an obfuscated
C contest entry and my eyes glaze over after like the sixth page.
Granted, I think the GPL is way too long too, but at least the GPL has
so much momentum that it's easier to say "well, even if I don't
understand it, people who I trust do". But the OVPL has no such
momentum, so it's a bit scary to release my source code under the
license. I mean, how can I explain to my users what it means if I
personally don't even know?
Specifically, I *think* the portion of the license relevant to this
discussion is the first sentence of section 3.3. However, that sentence
is *30 lines long*, and even after several readings I don't see how it
accomplishes anything at all. At the very least, it doesn't appear to
grant me any additional rights beyond what anybody else has. At best it
says I can "sublicense" the contribution, but this right is already
granted to everyone under section 2.1.a. Furthermore, I don't see the
scope of the word "sublicense" defined anywhere, so it's not at all
clear what prevents anyone else from "sublicensing" my code into a
closed, proprietary fork.
Granted, I bet it does and I'm just not reading it right. But even if
you explain to me how it does work, my point remains -- if I'm not smart
enough to see it after several readings, I can't expect my contributors
to fare any better when they have much less incentive to understand.
For your and others' benefit, I've copied section 3.3 below:
-------------------------------------------------------------------
3.3. Additional License of Modifications to Initial Developer.
To the fullest extent permitted by law, in addition to the license
granted under clause 2, You hereby grant a perpetual, irrevocable,
world-wide royalty-free, sub-licensable, non-exclusive license to the
Licensed Modifications to the Initial Developer in respect of Future
Versions:
(a) under intellectual property rights (other than patent or
trademark) Licensable by You to use, reproduce, modify, display,
perform, sublicense, and distribute the Licensed Modifications (or
portions thereof); and
(b) under Patent Claims infringed by the making, using, or selling
of Licensed Modifications either alone and/or in combination with the
Original Software and prior Modifications used by You (or portions of
such combination), to make, use, sell, offer for sale, have made, and/or
otherwise dispose of: (1) the Licensed Modifications (or portions
thereof); and (2) the combination of the Licensed Modifications, the
Original Software and prior Modifications used by You (or portions of
such combination)
BUT SUCH GRANT SHALL BE AND SHALL REMAIN CONDITIONAL UPON the Initial
Developer procuring that in respect of each Future Version:
(i) all Licensed Modifications incorporated in that Future
Version; and
(ii) either that Future Version or another Future Version
incorporating the same Licensed Modifications (possibly together with
other Modifications)
are made and remain generally available to the public at large under the
terms of this License or a subsequent version of this License released
under Section 4.1, with the Initial Developer identified as such
therein, in addition to under any other license(s) of the Initial
Developer if any. Such license shall be effective on the date that You
first distributed such Modifications and shall apply to the
Modifications both in the form contributed, distributed or otherwise
made available and in Source Code form. If You do not make all of your
Licensed Modifications irrevocably generally available to the public at
large, then, upon written request of the Initial Developer, You must
promptly provide, at the Initial Developer’s cost, a copy of all
Licensed Modifications together with the date at which each grant
thereto became effective. For the avoidance of doubt, in the absence of
such a request, You are not required under this Section to notify the
Initial Developer if you contribute, distribute, or otherwise make
available Modifications.
-------------------------------------------------------------------
So I trust that we have the same goals, and I even trust that your OVPL
accomplishes those goals (merely because I'm a trusting person and you
seem like a nice guy). But my trust is insufficient; it's my
contributor's trust I need. And I don't see how this license will win
my contributor's trust due to its long, verbose, and complicated
structure. It might succeed in satisfying the lawyers, but I fear it
does so at the expense of scaring away small-time contributors that
havent't the resources nor interest to hire a laywer.
So with all that in mind, have you any interest in creating an OVPL-lite
license, designed for the little guy?
-david
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