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

Bruce Perens bruce at perens.com
Wed Aug 14 02:07:01 UTC 2019

On Tue, Aug 13, 2019 at 3:32 PM VanL <van.lindberg at gmail.com> wrote:

> There is not a 1:1 correspondence between a tactic and a field of endeavor.

I submit that a field of endeavor incorporates all visible details of the
operation of a business. Does that mean there is a 1:1 correspondence
between tactics and fields of endeavor? I don't believe that it is
necessary to come up with a ratio. A tactical decision is part of the whole.

> 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's easy to refer to any interpretation of a rule that you don't like as
"gerrymandering", and I could, if I wished to replace argument with
something closer to name-calling, say the same for the obvious attempt to
stretch the meaning of Open Source to take on the cause of data rights.

It invites "no true open source license restricts X" arguments - because
> without an articulable, general-purpose rule, that is all that is left.

We can make a number of obviously true statements of the form "no true Open
Source license restricts X", whether or not the rule is articulated to your
satisfaction. We have a 22-year history of interpreting #6 as prohibiting
use restrictions, and I continue to see the implementation of the data
return term as a use restriction.

"*This License gives You unlimited permission to use...* 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."

The cited text does not entirely express the data term, but I submit that
it is self-contradictory, in that it states that the licensee has unlimited
permission to use, and then limits that permission by specifying a
particular way in which the software can *not* be used.


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