[License-discuss] For Discussion: Cryptographic Autonomy License (CAL) Beta 2

VanL van.lindberg at gmail.com
Tue Aug 13 22:31:46 UTC 2019

There is not a 1:1 correspondence between a tactic and a field of endeavor.
Otherwise, there is no rule - as you describe:

> We have the restrictions that achieve the purpose of Open Source, as
> stated by the definition, and we have *all other restrictions.* The OSD
> specifically says that distribution of source code must be allowed. The OSD
> implicitly provides you with a way to separate restrictions into two
> categories, one that achieves the purpose of Open Source as defined, and
> one that does not. Having made that separation, there is no *reducto ad
> absurdum. *There are simply permitted restrictions, and those not
> permitted.

This is where I think we fundamentally disagree. While this is artfully
stated, the result is to gerrymander the line in such a way as to reduce it
only to a series of rules. It invites "no true open source license
restricts X" arguments - because without an articulable, general-purpose
rule, that is all that is left.

Or in your words, "allowed restrictions" and "anything else."

What is an articulable, non-gerrymandered rule that says "you may use this
>> for any field of endeavor" that allows current licenses, but disallows the
>> CAL?
> I would simply say "You may use the software for any purpose" is a
> sufficient filter. I would say that OSD #6 states this same rule, in
> different language.

If that is the articulable rule, then CAL complies:

"*This License gives You unlimited permission to use and modify the
software to which it applies (the “Work”), either as-is or in modified
form, for Your private purposes*... This License also strives to protect
the freedom and autonomy of third parties who receive the Work from you.
If any non-affiliated third party receives any part, aspect, or element of
the Work from You, this License requires that You provide that third party
all the permissions and materials needed to independently use and modify
the Work without that third party having a loss of data or capability due
to your actions."

Run the software on your own server, for your own use, for any purpose
whatsoever. Your permission to do so is unlimited. You only need to conform
with any conditions if you start providing the software, in whole or in
part, to another person.

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