[License-discuss] Data portability as an obligation under an open source license

VanL van.lindberg at gmail.com
Fri Jul 5 19:51:50 UTC 2019


Two points. First, and most importantly:

Bruce Perens wrote:

> I don't believe that FSF has ever made any statement in favor of
> encumbering the data processed by their programs. I don't believe they
> will. And I don't believe that encumbering user data is in any way a step *forward
> *for the freedom of that user.
>

*This is incorrect*. *Data is never encumbered by the CAL*. The CAL does
not change the licensing or ownership of user data in any way. All it says
is that if a third party owns data that is processed by CAL-licensed
software, you have to give that third party the ability to get a copy back.

(Look at me, slaughtering helpless typographic conventions in my great
distress).

Bruce Perens further wrote:

> Software system administrators are not always SaaS providers. And users
> are often administrators of their own software, that is a fundamental point
> of Free Software, that you _can_ do that.
>

I don't really understand the thrust of this comment. If users are acting
as "administrators of their own software", then the data portability
elements of the CAL are basically irrelevant. It is only when a person runs
software as an administrator* on behalf of other users* that data
portability becomes an issue.

For example, if I ran a hypothetical CAL-licensed OwnCloud server for my
personal use, then I have no obligations under the CAL; this is the space
of unrestricted private use that is provided for under the CAL.

I can even use a CAL-licensed OwnCloud server for my organization; that is
still in the realm of unrestricted private use.

It is only when I run a CAL-licensed OwnCloud server as a service on behalf
of unrelated third parties that I would have an issue - and compliance with
the CAL would simply mean that I would be responsible for giving those
third parties 1) access to the source code, and 2) to each user a copy of
their personal data stored via the service.

And more broadly, are "users" of SaaS programs not "users"? If I am not
administering my own software, does that mean that software freedom is not
applicable to me?

Thanks,
Van
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