<div>John,</div>
<div> </div>
<div>Pay no mind to the man behind the green curtain... ; -)<BR></div>
<div>One could ask - how do you get to be President of the United States
too, eh?!</div>
<div> </div>
<div>The answer to the Q on the meetings is probably something
around busy people meet when they need to;</div>
<div>plus you can't get elected but you can get fired and you have to be
stupid enough to volunteer in the first place...</div>
<div> </div>
<div>I'm just an interested by-stander here - but based on my
observations this past year and change - I'm sure the stakeholders
at OSI will be sorting this all out with reasonable expedience.</div>
<div> </div>
<div>Cheers, DW</div>
<div><BR>"The way to be is to do" - Confucius (551-472 B.C.)<BR></div>
<DIV id=wmMessageComp name="wmMessageComp"><BR><BR>
<BLOCKQUOTE style="PADDING-LEFT: 8px; MARGIN-LEFT: 8px; BORDER-LEFT:
blue 2px solid">-------- Original Message --------<BR>Subject: RE:
ZDNet article - why attribution matters<BR>From: John-Sugar
<john@sugarcrm.com><BR>Date: Tue, November 28, 2006 1:04
pm<BR>To: license-discuss@opensource.org<BR><BR>David,<BR>Fair points.
To my knowledge OSI does not own the trademark for the
words<BR>‘open source’, only the
domain name. If your whole value proposition is that<BR>your software
is open source, I agree it’s not going to get you
very far.<BR>The software needs to stand on its own merits. Open source
for us is a<BR>descriptor that says the source code is provided, is
extensible,<BR>redistributable, no restrictions of use and is patent
free, etc. <BR><BR>I’ve not met many of the OSI
board members. I do know they are all very<BR>smart, well respected
group of individuals. I don’t know how they got
their<BR>positions, and why they were the chosen ones to create laws
for everyone<BR>else. The website states they have not even had a
meeting in over a year -<BR>http://opensource.org/weblog/.
I’m just trying to understand how
this<BR>organization operates and who exactly are the
‘approvers’ specifically.
<BR><BR>Here is a link to our license: http://www.sugarcrm.com/crm/SPL
<BR>It is a combination of two OSI approved
licenses:<BR>http://www.opensource.org/licenses/mozilla1.1.php
plus<BR>http://www.opensource.org/licenses/attribution.php
<BR><BR>For us though, I’m just voicing my opinion.
Vilify me if you like, Sugar<BR>Open Source is and will always be an
open source licensed code base. This<BR>will likely be my last post on
this issue. <BR>John<BR><BR><BR><BR><BR><BR><BR>David Berlind
wrote:<BR>> <BR>> John:<BR>> <BR>> Thank you for cc:ing
your response to license-discuss on ZDNet. In<BR>> response to what
I've so far seen from Michael, Larry, and you, I'd like<BR>> to add
my observations as an objective observer. First, I meant no<BR>>
disrespect to your values, wives, or families, all of whom
require<BR>> serious wage earning at some point. I have a wife
and three children. I<BR>> totally get it. I hope you understand that
I am neutral to the issue of<BR>> attribution and I'm glad that my
post has provoked some discussion here.<BR>> But I am not neutral to
fine print issues that affect users of<BR>> technology, particularly
where the fine print is missing. I believe in<BR>> my heart
that a failure to disclose the fact that an open source license<BR>>
has so far not yet been approved as such by the defacto consortium
to<BR>> which the open source community currently looks for such
approvals,<BR>> qualifies as fine print that's missing. <BR>>
<BR>> I prefer to stay out of the debate of whether attribution
makes sense or<BR>> not and if it does, how much is enough. There
are people here that are<BR>> far wiser than I who are obviously
prepared to argue the merits of<BR>> various approaches. So, from my
point of view, the line crossed has<BR>> nothing to do with your
selected degree or method of attribution (eg:<BR>> pointing back to
SugarCRM where no advertising exists). The line crossed<BR>> is the
one where one company or organization decides it's OK to
rewrite<BR>> the rules of open source or, in the case of "commercial
open source" to<BR>> declare a new class of open source without
seeking any consensus from<BR>> the open source community itself.
One could argue that no consensus is<BR>> required before a new
commercial license is written and that is of<BR>> course true.
However, there isn't a self-policing community of<BR>> commercial
license providers which has established to seek a standard<BR>>
baseline for what it means to be commercial the way there has been
for<BR>> open source.<BR>> <BR>> Perhaps a consensus, when and
if one is achieved, will yield a result<BR>> that's favorable to your
position on the issue. But even you point out<BR>> that now that
you've done it (modified the MPL), others are doing the<BR>> same.
Clearly, there's no consensus on how the MPL should be
modified,<BR>> or, at the very least, all those who have followed in
your footsteps<BR>> would not have felt the need to write their own
modifications to it.<BR>> They would have picked yours. You're
clearly testing the boundaries.<BR>> That may have not been your
intent. But to this independent observer,<BR>> your choice (and the
choices of others) to modify the MPL without<BR>> following the
community's accepted practice for making such changes, and<BR>> to
continue referring to your license as an open source license<BR>>
(commercial or otherwise) has tested the customs of the community.
It<BR>> tests the limits of the clause in the MPL that allows for
changes. It<BR>> tests the OSI's process. <BR>> <BR>>
There's an old George Carlin bit where he talks about how, when
he's<BR>> driving on the road, everyone going slower than him is an
idiot, and<BR>> everyone going faster than him is a maniac.<BR>>
<BR>> There are a lot of open source developers that don't have any
mouths to<BR>> feed but their own and are happy to operate within
the norms of the<BR>> community. And then, there will be people who,
based on the precedent<BR>> you've already set and are defending,
will take it upon themselves to<BR>> cross a line that even you
wouldn't dare cross in modifying an existing<BR>> open source
license (while still referring to it as open source). You<BR>> and
others who have already taken matters into their own hands will
of<BR>> course have to remain silent. Pot, kettle, black. Think it
won't happen?<BR>> Trust me. There are people who didn't think what
you've done could have<BR>> happened. One day, "open source" will
simply be meaningless or may even<BR>> carry negative connotations
(it's possible that "free software" could<BR>> survive such a
debacle, perhaps become stronger because of it).<BR>> <BR>> Why
do I say any of this? Here's where I hope it becomes clear that
none<BR>> of what I just said is meant as a put down to you, Ross,
Glenn, Scott or<BR>> the others. The net result for SugarCRM and
others who believe that<BR>> associations with "open source" are
positive associations for their<BR>> brands will one day find that
they are associated with something that<BR>> means absolutely
nothing. Or worse, something negative.<BR>> <BR>> You must ask
yourselves if that's what you really want.<BR>> <BR>> db<BR>>
-----Original Message-----<BR>> From: Michael Tiemann
[mailto:tiemann@redhat.com] <BR>> Sent: Monday, November 27, 2006
10:08 PM<BR>> To: Lawrence E. Rosen<BR>> Cc: 'John-Sugar';
license-discuss@opensource.org; David Berlind<BR>> Subject: RE:
ZDNet article - why attribution matters<BR>> <BR>> On Mon,
2006-11-27 at 18:50 -0800, Lawrence Rosen wrote:<BR>>> Hi
John,<BR>>> <BR>>> The issue isn't just "Why attribution
matters," because it obviously<BR>> does.<BR>>> Attribution is
already mentioned in lots of FOSS licenses. Attribution<BR>>
<BR>>> is important to every author, not just commercial ones who
work for a <BR>>> living (although most do!). Notice of authorship
is so important that <BR>>> the US Copyright Act even makes the
fraudulent removal of a copyright <BR>>> notice a criminal
offense. 17 USC 506(d).<BR>>> <BR>>> We should instead be
asking: How much attribution is enough? How much <BR>>>
attribution can be demanded in an open source license?<BR>> <BR>>
This conflates two very important questions.<BR>> <BR>>> I
don't believe anyone has argued yet that Sugar's license crosses
the<BR>> line.<BR>>> Most of us simply aren't sure where the
line should be drawn. You can <BR>>> legally require in a
software license that licensees put neon signs on<BR>> <BR>>>
the highway to announce your copyrighted work, but is that open<BR>>
source?<BR>> <BR>> First: is it attribution? The Creative
Commons folks seem to agree that<BR>> attribution "in the manner
specified by the author" is not a blank<BR>> check, and they say so
in the code (but not the deed) of the license. A<BR>>
requirement for neon in attribution is not, strictly speaking, needed
to<BR>> satisfy the legal requirements of legal attribution.<BR>>
<BR>> Second: is it open source? Just as a lawyer cannot say
for sure what<BR>> the law says until a judge renders a verdict (and
even then a successor<BR>> judge can render a different judgment),
the only way to know for sure<BR>> that something satisfies the Open
Source Definition is to put the<BR>> license before the OSI approval
process and see if it is approved by the<BR>> process.<BR>>
<BR>> M<BR>> <BR>> <BR>> <BR><BR>-- <BR>View this message
in context:
http://www.nabble.com/ZDNet-article---why-attribution-matters-tf2715092.html#a7584294<BR>Sent
from the OpenSource - License-Discuss mailing list archive at
Nabble.com. </BLOCKQUOTE></DIV>