[License-discuss] How can we as a community help empower authors outside license agreements?

[McCoy Smith]

From: Jasper Horn <jasperhorn at gmail.com> 
Sent: Monday, March 16, 2020 5:39 AM
To: mccoy at lexpan.law; license-discuss at lists.opensource.org
Subject: Re: [License-discuss] How can we as a community help empower authors outside license agreements?

 

ESD Fragment for context:

> 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

 

McCoy Smith:

> “Voluntary” modifies “support” not “remuneration” or “financial consideration”

 

Consider the phrase "cola, guabo, mountain dew, or other fizzy drinks".

Now, you do not know what "guabo" is (because I just made it up), but you do know it must be a fizzy drink. The "other" signifies that the following classifier is the one that the previous items fall under.

 

(This is not an opinion about the ESD, but a statement about language.)

 

“Remuneration”: 1: something that remunerates : RECOMPENSE, PAY https://www.merriam-webster.com/dictionary/remuneration

“Consideration”: 6a: RECOMPENSE, PAYMENT https://www.merriam-webster.com/dictionary/consideration

 

Neither word admits of voluntarism.  And thank goodness for that, for those of use who receive remuneration from our employers for the work we perform.

 

Or to put it another way:
Consider the phrase “water, apple juice or other alcoholic beverages”

Phrasing it way doesn’t turn water into wine.  That requires divine intervention.  Allegedly.

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