Frameworx license clause 3b

[Donovan Hawkins]

Andrew Wilson wrote:
> 
> 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. 

They appear to
define Value-Added Services as "any
commercial or fee-based software-related service...", so a
non-commercial service would not be restricted by that clause.