Frameworx license clause 3b

[Chris Travers]

On 10/15/07, Wilson, Andrew <andrew.wilson at intel.com> wrote:

>
> 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.

FWIW I agree with Andrew here.  I can see three questions that arise
from the example:
1)  Would overcharging be barred?  Andrew's response (which I agree
with) is that the highest price you can charge is OK.
2)  Would undercharging be barred?  I.e. can I sell services for far
*less* than my competitors?  If not, then one could argue that the
clause does not apply since it might run amok with collusion law
(IANAL).  It is not our problem either way (it is either void or it is
not a problem).
3)  What is this clause of the OSD intended to do?  In my view this is
designed to disqualify licenses by academic institutions which require
additional licenses for commercial use.

Best Wishes,
Chris Travers


>
> Andy Wilson
> Intel open source technology center
>