[License-discuss] Improvement to the License-Review Process

Andrew DeMarsh andrew.dema at gmail.com
Tue Aug 25 18:29:20 UTC 2020


To be clear if this was addressed squarely to me (sorry if not, contest is
harder to read via text), it is not that I don't care about the points you
have addressed; it is simply that I think a focus on the exploited weakness
in L-R is more productive, it is easier and less work to ensure that it is
understood that doing this is inappropriate rather than focussing only on
the person who did it every time. I do not wish to diminish anyone's
feelings, or effort they put in here, I'd just like to focus on dealing
with a "next time". I personally trust the board and moderators to deal
with "People" issues so we can focus on license discussion and not doling
out punishment via messages on a mailing list.

On Tue, Aug 25, 2020 at 1:35 PM Coraline Ada Ehmke <coraline at idolhands.com>
wrote:

> Even if you don’t care about Bruce Perens’s mockery of attempts by
> practitioners to address the ethical shortcomings of traditional FLOSS, you
> should care about his abuse of the time and effort of volunteers on this
> list who took his “joke” seriously.
>
> Ban him.
>
>
> On Aug 25, 2020, at 12:04 PM, Andrew DeMarsh <andrew.dema at gmail.com>
> wrote:
>
> I would at least like to suggest that at minimum wording be added to the
> requirements for L-R such that the license submission must be made with the
> express purpose of a License be considered for actual real world use and
> that the request be made with a professional intent for a usable OSI
> License to exist which fills a need not addressed by previously approved
> licenses. This should deal with this kind of issue and other licenses that
> are merely a rebranded form of another license. I only wish to point out
> that the OSI be careful when trying to qualify what counts as a legal
> person they worked with as this could harshly affect some people's ability
> to participate/problem solve issues specific to their country if the
> definition is too exact. (some countries may have exceptionally few people
> that deal specifically in the idea of software licensing or deal with it at
> all and specific wording requiring the person to be a Lawyer specialising
> in software licensing would put an undue burden on them to be represented).
>
> On Tue, Aug 25, 2020 at 12:31 PM McCoy Smith <mccoy at lexpan.law> wrote:
>
>> In view of the fact that the OSI is going to be forming a committee to
>> review the process:
>>
>> https://wiki.opensource.org/bin/Working+Groups+%26+Incubator+Projects/Licens
>> e+List+Working+Group/
>> <https://wiki.opensource.org/bin/Working+Groups+%26+Incubator+Projects/License+List+Working+Group/>,
>> here's one thing to consider:
>>
>>
>>
>> In late 2019, a submission was made to approve the "Vaccine License":
>>
>> https://lists.opensource.org/pipermail/license-review_lists.opensource.org/2
>> 019-October/004420.html
>> <https://lists.opensource.org/pipermail/license-review_lists.opensource.org/2019-October/004420.html>
>>
>> The submission purported to satisfy all the criteria required for a
>> submission (listed here: https://opensource.org/approval), stated that it
>> had undergone legal review and "was prepared by a licensing professional."
>> It was filed by "Filli Liberandum," which almost certainly is a pseudonym.
>>
>>
>>
>> The commenters on this submission pointed out the license did not meet the
>> OSD, and it was rather quickly rejected by the Board:
>>
>> https://lists.opensource.org/pipermail/license-review_lists.opensource.org/2
>> 020-January/004635.html
>> <https://lists.opensource.org/pipermail/license-review_lists.opensource.org/2020-January/004635.html>
>>
>>
>>
>> It turns out that the author of this license was Bruce Perens, who now
>> admits it was "a joke" and a "test"
>> https://www.youtube.com/watch?v=vTsc1m78BUk (scroll forward to 44:00). He
>> even responded (using his real name and e-mail account) to the
>> License-Review thread, suggesting that the license that he drafted (and
>> most
>> likely also submitted under a pseudonym) not be approved:
>>
>> https://lists.opensource.org/pipermail/license-review_lists.opensource.org/2
>> 019-October/004427.html
>> <https://lists.opensource.org/pipermail/license-review_lists.opensource.org/2019-October/004427.html>
>>
>>
>>
>> Might it be time to require license submitters to actually identify
>> themselves, the organization they represent, and the name of the legal
>> person they worked with in creating and submitting the license?
>>
>> I know this was a minor blip in the process, but isn't the all-volunteer
>> Board busy enough that they shouldn't have to go through the motions of
>> convening a meeting and scheduling a vote on someone's joke proposal?
>>
>>
>>
>> [I'd also suggest that people caught doing these sorts of non-serious or
>> pseudonymous submissions not have the right to submit or comment on the
>> mailing lists in the future]
>>
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>>
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>>
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>>
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