[License-discuss] Request for Comment: Software and Development License, version 3.0

McCoy Smith mccoy at lexpan.law
Mon Jan 29 19:39:25 UTC 2024

> -----Original Message-----

> From: License-discuss <license-discuss-bounces at lists.opensource.org> On

> Behalf Of Josh Berkus

> Sent: Monday, January 29, 2024 11:13 AM

> To: license-discuss at lists.opensource.org; Alec Bloss
<abloss at libranext.com>

> Subject: Re: [License-discuss] Request for Comment: Software and

> Development License, version 3.0



> More comments:


> 1. There's no patent grant in this license.


B.3. is a patent grant.


> 6. It seems weird to call the first release of a new license "3.0".


Agree with that. Its seems to be an effort to (possibly) indicate that this
is an "improved" version over (non-existing?) predecessor versions.


This one has various basic drafting problems, for example the conditions of
the license grant are strangely articulated (there's a condition on the
copyright grant, a separate condition on all the grants, and no equivalent
condition to the one on the copyright grant to the patent grant). I don't
see any indication (which is a requirement of submission
<https://opensource.org/licenses/review-process/> ) that this was reviewed
by a lawyer, and it's not really clear to me that the other requirements for
submission of a new license were met either. I think a lot of the drafting
issues here could be addressed by having some sort of legal review on this
license (and I don't think submitting it to the list in the hope that the
lawyers on the list will do the legal review ought to count).


So I'd suggest further discussion of this license be deferred until the
initial requirements of the approval process be met.

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