[License-discuss] System 76's BeanBooks Public License v1.0
Luis Villa
luis at lu.is
Wed Sep 18 02:50:29 UTC 2013
I just wanted to raise this thread again; I'm interested in
discussion/comment from others but have had only the barest time to
skim.
Sec. 3.3 strikes me as odd; essentially a very strong CLA baked into
the license. Not non-free/open, per se, at least at first glance -
just... odd?
Sec. 4.3 strikes me as actually conceptually somewhat interesting,
inasmuch as many commercial lawyers have argued that this type of
clause is often implicit in software that contains a protect trademark
embedded in the software and not removed by a downstream licensee.
This, obviously, makes it very explicit. I'd suggest that it violates
the spirit of the OSD, but not necessarily the letter (again, with
only very brief thought to the matter - I may be forgetting something
obvious in the OSD).
Luis
On Wed, Aug 28, 2013 at 8:11 AM, Bradley M. Kuhn <bkuhn at ebb.org> wrote:
> A colleague of mine asked for my comment on the following license:
> https://beansbooks.com/home/opensource (included in full text below for
> the archives). It's reminiscent of the Yahoo! Public License and Zimbra
> Public License.
>
> I notice that it seems that the Zimbra Public License and Yahoo! are
> listed as Free Software licenses by the FSF but not as Open Source by
> OSI.
>
> Does someone from OSI want talk to System 76 about this and why this is
> a "bad idea" to make their own license? System 76 is generally a pretty
> friendly company to Open Source and Free Software.
> ######################################################################
> URL: https://beansbooks.com/home/opensource
> BeansBooks Public License v1.0
>
> This BeansBooks Public License (this "Agreement") is a legal
> agreement that describes the terms under which System76, Inc., a
> Colorado corporation ("System76") will provide software to you via
> download or otherwise ("Software"). By using the Software, you, an
> individual or an entity ("You") agree to the terms of this
> Agreement. In consideration of the mutual promises and upon the
> terms and conditions set forth below, the parties agree as follows:
>
> 1. Grant of Copyright License
> 1.1 - Subject to the terms and conditions of this Agreement,
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> does not contain any part of the Software is not a
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> --
> -- bkuhn
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