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

Russell McOrmond russellmcormond at gmail.com
Wed Aug 14 14:15:00 UTC 2019

On Wed, Aug 14, 2019 at 1:30 AM Bruce Perens via License-discuss <
license-discuss at lists.opensource.org> wrote:

> On Tue, Aug 13, 2019 at 7:34 PM Russell McOrmond <
> russellmcormond at gmail.com> wrote:
>> Is it the act of me typing the software into my computer that offends you?
> Obviously, the act which would offend many reasonable software developers
> who place reciprocal terms upon their works is not your typing. It is your
> creation of a derivative work, an act that is restricted under copyright
> law *whether you perform it in private or not. *

Software patents, interface copyright, and legal protection for
technological measures (DRM) is the law of the land in many countries.
Does this mean that it is consistent with the OSD to fully embrace these
concepts within licenses?  Consistent with Open Source, should we instead
try to diminish the harm that software proprietors can have over software
users by encouraging software proprietors to deliberately waive these
restrictions where they exist?

Some of us choose, in our licenses, to allow you to perform that act in
> private. We *choose *to do so. We are not compelled by law to do that.
> You do not fundamentally have that right.
> Law does not permit you to perform any act whatsoever in private,
> regardless of whether it is harmful to anyone else or whether anyone else
> would even notice you doing it. Sorry.

The question isn't whether the law in some countries allows software
proprietors to restrict these private activities, but:

a) whether these restrictions of private activities should be considered
consistent with the OSD.
b) whether, separately from the OSI or other entities with charitable
status, the community should be supporting enhancements to the law to
remove the ability of software proprietors to have that level of control
over private activities (lobbying lawmakers, amicus curiae briefs to
courts, etc).

Russell McOrmond, Internet Consultant: <http://www.flora.ca/>

Please help us tell the Canadian Parliament to protect our property rights
as owners of Information Technology. Sign the petition! http://l.c11.ca/ict/

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