Frameworx license clause 3b

[Wilson, Andrew]

John Cowan wrote: 

> Is clause 3b of the Frameworx license really consistent with the OSD?
>
> # Any Value-Added Services that you offer or provide, directly or
> # indirectly, in relation to any Downstream Distribution shall be
offered
> # and provided on commercial terms that are reasonably commensurate to
the
> # fair market value of such Value-Added Services. In addition, the
terms
> # and conditions on which any such Value Added Services are so offered
or
> # provided shall be consistent with, and shall fully support, the
intent
> # and purpose of this License Agreement.
>
> That sounds like a restraint on commercial (or non-commercial)
activity.

On non-commercial Value-Added Services, certainly.  An efficient-market
theorist would say that whatever you can successfully charge for
commercial Value-Added Services represents "fair market value,"
reducing this clause to a tautology.  I don't think tautologies
violate the OSD but a (perhaps unintentional) prohibition against
non-commercial deployment of derivatives certainly would.

Andy Wilson
Intel open source technology center