[License-discuss] Is the OBM License OSD compatible?
rick at linuxmafia.com
Fri Jan 6 10:55:17 UTC 2017
Quoting Gervase Markham (gerv at mozilla.org):
> That page says:
> "OBM is an Free and Open Source messaging and collaboration software,
> distributed under the GNU Affero GPL v3 License terms, with Additional
> Terms pursuant to Section 7 of said license."
> Which is good, because nothing other than Section 7 allows them to add
> additional terms of any sort to the license (see section 10).
> Section 7 says:
> "When you convey a copy of a covered work, you may at your option remove
> any additional permissions from that copy, or from any part of it."
> So if you are concerned about the OSD-compliance of the additional
> terms, you can simply remove them when you redistribute it. Problem solved.
Would that it were so. Lingora characterise their additions near the top as
'Additional Terms pursuant to Section 7 of said license', and clearly
intend this to refer _not_ to additional permissions, but rather to
this bit slightly further on, in 7b):
Notwithstanding any other provision of this License, for material you
add to a covered work, you may (if authorized by the copyright holders
of that material) supplement the terms of this License with terms:
b) Requiring preservation of specified reasonable legal notices or
author attributions in that material or in the Appropriate Legal
Notices displayed by works containing it;
> You do need to obey section 5 about Appropriate Legal Notices. However,
> Section 0 of the AGPL defines what can be considered an Appropriate
> Legal Notice; anything which Linagora attempts to define as such which
> does not meet that definition can be said not to be an Appropriate Legal
Indeed. This is why I called it an abuse of the intent of section 7.
Were I hauled into court on copyright infringement for failure to comply
with the badgeware requirement, that is what I would argue, but like
other SaaS firms pulling this trick with GPLv3 and AGPLv3's 'Additional
Terms' clauses, they are trying to have their way through assertion
rather than adjudication.
Cheers, "To me, it's a good idea to always carry two sacks of
Rick Moen something, when you walk around. That way, if anybody
rick at linuxmafia.com says 'Hey, can you give me a hand?', you can say 'Sorry,
McQ! (4x80) got these sacks.'" -- Deep Thoughts by Jack Handy
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