OVPL - wrap-up of objections

[Wilson, Andrew]

Larry Rosen wrote 

>> I can state with certainty that large US corporations will 
>> not accept the validity of the "contractual" rights granted 
>> under OVPL in the absence of a correctly executed agreement 
>> between authorized representatives of the parties.
>> Post SCO/IBM, post Sarbanes-Oxley, you would be remiss to 
>> accept code into your proprietary product absent 
>> well-documented rights to do so.
>
> Certainly you don't mean to suggest that every open source license,
> including the GPL, is unenforceable in the absence of a "correctly
executed"
> agreement? Or to suggest that executing open source licenses as
express
> contracts is essential for acceptance of open source by companies?

Certainly I do not!  The key phrase in my posting is "proprietary
product," and I am specifically referring to the ID, not to
a 3rd party who has simply obtained a copy under OVPL (and would thus
have no rights to make OVPL code proprietary).
I accept the validity of reciprocal open source licenses.
I am, though, suggesting that an ID would be unwise to rely
on the special rights to re-license as proprietary code
purportedly granted in a bare license.  I know we would insist
on a properly executed agreement with the copyright holder.

Andy Wilson
Intel Open Source Technology Center