chuck at codefab.com
Wed Sep 14 11:53:57 UTC 2005
Brian C wrote:
[ ... ]
> So perhaps the OVPL presents a more specific question to OSI: Is a
> license that grants greater rights to an initial developer than it
> grants to other licensees consistent with OSI's principles, in
> particular, does it constitute "discrimination against persons or groups"?
No. The author of the software generally has significant additional rights on
the original software beyond what a proposed license grants to other people, by
virtue of common law where that applies ("droit d'auteur"), having the right to
release under a different license, etc.
So long as people can continue to modify and redistribute the software openly,
asking people who want to make proprietary modifications to grant the original
developer the right to reuse and redistribute such modifications for themselves
is OK. However, part of granting full Open Source rights to everyone means
that the software has to be feasible for others to redistribute, even if the
original developer disagrees or no longer exists.
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