[License-discuss] For Public Comment: The Libre Source License

Pamela Chestek pamela at chesteklegal.com
Thu Aug 8 20:06:39 UTC 2019

On 8/8/2019 3:57 PM, Smith, McCoy wrote:
>>> -----Original Message-----
>>> From: License-discuss [mailto:license-discuss-bounces at lists.opensource.org] On Behalf Of Moritz Maxeiner
>>> Sent: Thursday, August 8, 2019 12:45 PM
>>> To: license-discuss at lists.opensource.org
>>> Subject: Re: [License-discuss] For Public Comment: The Libre Source License
>>> If I have misunderstood the ML's purpose, I apologize.
> IMHO the mailing list is for discussing issues with existing OSI approved licenses, or other issues relevant to interpreting them.  It could serve as a place to pre-discuss licenses to be later submitted (which is what you are trying to do).  I'm not sure its purpose is to get you free advice on license drafting by lawyers (although such advice is sometimes provided, within reason, on mailing list discussions, but usually between lawyers).  Maybe other lawyers on the list would like to do so, but I wouldn't count on it.
> If I were you, I'd instead do the following:
> Outline the gaps you are seeing in existing OSI approved licenses vs what your goals are.
> Explain how you'd like to fill those gaps, not via license language, but by discussing the concepts.
> See how people respond as to: whether there are indeed the gaps you see, and whether your goals could be met by an OSD-conformant license.
> After that, I'm afraid, you'd likely need to hire a lawyer, if you want a license that meets your goals, meets the OSD, and is drafted according to good legal standards.
> Other posters may differ; just my opinion.
My opinion is different, I think everything you have done and asked for
is appropriate for this list. However McCoy is right that you're only
getting the largesse of people who have the time and inclination to
respond, each with their own opinion, and you will often get conflicting
views. So I'm not sure it's the best way to go about drafting a license.
But it has been a good demonstration of how difficult it is to write a
good, solid license.


Pamela S. Chestek
Chestek Legal
PO Box 2492
Raleigh, NC 27602
pamela at chesteklegal.com

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