[License-discuss] How can we as a community help empower authors outside license agreements?
McCoy Smith
mccoy at lexpan.law
Mon Mar 16 02:06:19 UTC 2020
From: License-discuss <license-discuss-bounces at lists.opensource.org> On Behalf Of Coraline Ada Ehmke
Sent: Sunday, March 15, 2020 5:45 PM
To: license-discuss at lists.opensource.org
Subject: Re: [License-discuss] How can we as a community help empower authors outside license agreements?
On Mar 15, 2020, at 7:26 PM, Brendan Hickey <brendan.m.hickey at gmail.com <mailto:brendan.m.hickey at gmail.com> > wrote:
"It encourages fair compensation. The software project’s maintainers may, at their discretion, request remuneration in the form of code contributions, financial consideration, or other forms of voluntary support from organizations that derive commercial value from the software.”
So asking for voluntary donations or code contributions is verboten? What about all those projects signed up with Tidelift and OpenCollective, are they not open source anymore?
“Voluntary” modifies “support” not “remuneration” or “financial consideration”
And “shall not” in OSD 1 is the opposite of “may” in ESD 7.
Or to simply matters, a license that says “Exercise of the license rights is conditioned upon You paying me fair compensation” would satisfy ESD 7 but violate both OSD 1 and the FSD 2 & 3 (“Freedom to distribute (freedoms 2 and 3) means you are free to redistribute copies, either with or without modifications, either gratis or charging a fee for distribution, to <https://www.gnu.org/philosophy/free-sw.html#exportcontrol> anyone anywhere. Being free to do these things means (among other things) that you do not have to ask or *pay for permission to do so.*”)
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