<div dir="ltr"><div dir="ltr">Larry, the standards engagement is off-topic for this list so I will do this briefly. I resigned the position some time ago because of my job change, and am waiting for someone whom OSI feels to be acceptable to step into the role. Since this is about the patent issue, that may not be you. The engagement is no picnic and a person based in California will be attending 6 AM meetings regularly.<div><br></div><div>Like Rick, I felt the "bullying" accusation was over the top. Way over the top. And I believe what we are seeing here is not enforcing civility but <a href="https://en.wikipedia.org/wiki/Tone_policing" target="_blank">Tone Policing</a>. To quote Pamela: "However, what I sometimes find problematic is your tone and aggressiveness."</div><div><br></div><div>I want to go over the issue of working with the license submitter, since Pamela felt I had misrepresented Van's presentation. This isn't particularly about Van, it's about anyone who submits a license, and also about the occupation of attorney.</div><div><br></div><div>In the standards engagement, we are working with an attorney long known to Simon and I for his work on Open Source at companies, who worked with Simon at one company and was a regular presenter at an Open Source seminar that I helped to create. Now, he's on the other side of the issue for his present employer, and has been asserting that Open Source is about copyright only, and that explicitly asking for patent royalties is compatible with Open Source, even when it's done directly by the licensor. He even asserted that Richard Stallman intended for Free Software to include a carve-out for patents, and I think you can all agree that's absurd. He has commissioned reports on this that IMO are falsifications of fact, which have been presented to an international standards body and work to our detriment.</div><div><br></div><div>It's this fellows job to represent his employer to the best of his ability and to tell the story that is most advantageous to them. He is not under oath, and I don't believe that even outright lies are out of scope for him. Similarly, I believe that license submitters will tell the story as it is most advantageous to them, and that attorneys are honor bound to represent their clients to the best of their ability, even if that involves rhetorical trickery, etc. This is simply part of the engagement, and as reviewers we should keep in mind that lawyers don't agree on significant issues, and that what is told us can't always be counted upon.</div><div><br></div><div> Thanks</div><div><br></div><div> Bruce</div><div><br></div></div><div class="gmail_quote"><div dir="ltr" class="gmail_attr">On Sat, May 25, 2019 at 8:21 AM Lawrence Rosen <<a href="mailto:lrosen@rosenlaw.com" target="_blank">lrosen@rosenlaw.com</a>> wrote:<br></div><blockquote class="gmail_quote" style="margin:0px 0px 0px 0.8ex;border-left:1px solid rgb(204,204,204);padding-left:1ex"><div lang="EN-US"><div class="m_3171541973613234809gmail-m_-6800406533206884603gmail-m_-718280478564074293gmail-m_9203627938115784975WordSection1"><p class="MsoNormal"><span style="font-size:12pt">Bruce, I am disappointed to hear your complaint about the recent changes to the OSI license discussion and review process. I don't see that as an offense to you. I am sorry you are taking it so poorly. <u></u><u></u></span></p><p class="MsoNormal"><span style="font-size:12pt"><u></u> <u></u></span></p><p class="MsoNormal"><span style="font-size:12pt">But now, perhaps, you can appreciate my disappointment when I first learned, several months ago, that you have been representing OSI in their open standards activities. There are several others on this list (including me) who are more knowledgeable and experienced than you in this arena. For example, Scott Peterson is an expert at this, and his skills at this are more than those of the two of us put together – despite the fact that I occasionally consider his opinions to be absurd, and vice versa. It is important for OSI to let us know who speaks on their behalf. That is another reason why I liked Pam's recent email.<u></u><u></u></span></p><p class="MsoNormal"><span style="font-size:12pt"><u></u> <u></u></span></p><p class="MsoNormal"><span style="font-size:12pt">As for list moderation, I believe that this and other open source lists go way too far when they impose strict codes of conduct. I am an even greater fan of free speech than I am of free software. If you send too many emails, that is why God created the delete key. If anyone thinks that words like "absurd" deserve censure, then it is <u>they</u> who need a spine implant.<u></u><u></u></span></p><p class="MsoNormal"><span style="font-size:12pt"><u></u> <u></u></span></p><p class="MsoNormal"><span style="font-size:12pt">I also want to commend Pam Chestek for her calm and reasoned explanation of OSI's new license approval process. It is far more helpful than the mysterious processes that preceded it. I wish OSI success with this new protocol.<u></u><u></u></span></p><p class="MsoNormal"><span style="font-size:12pt"><u></u> <u></u></span></p><p class="MsoNormal"><span style="font-size:12pt">Best, /Larry<u></u><u></u></span></p><p class="MsoNormal"><span style="font-size:8pt;color:black">This email is licensed under </span><a href="https://creativecommons.org/licenses/by/4.0/" target="_blank"><span style="font-size:8pt;color:rgb(5,99,193)">CC-BY-4.0</span></a><span style="font-size:8pt;color:black">. Please copy freely.</span><span style="font-size:12pt;color:black"> <img border="0" width="89" height="31" style="width:0.9236in;height:0.3263in" id="m_3171541973613234809gmail-m_-6800406533206884603gmail-m_-718280478564074293gmail-m_9203627938115784975Picture_x0020_1" src="cid:16af000bccf4cff311" alt="https://licensebuttons.net/l/by/4.0/88x31.png"></span><span style="font-size:8pt;color:black"><u></u><u></u></span></p></div></div></blockquote></div><br clear="all"><div><br></div>-- <br><div dir="ltr" class="m_3171541973613234809gmail-m_-6800406533206884603gmail-m_-718280478564074293gmail_signature"><div dir="ltr"><div><div dir="ltr">Bruce Perens - Partner, <a href="http://OSS.Capital" target="_blank">OSS.Capital</a>.</div></div></div></div>
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