<div dir="ltr">There is, of course, a contradiction with OSD "non-discrimination" principles here, but, as a - very occasional - License Discuss contributor, I would like to highlight another point that is present in a lot of contributions (and could be submitted as a question to nearly all license steward candidates.<br><br><div>They say "use the code"<br>Or they require (Open Innovation License, recently) that the license must be provided for any *Project*, defined as what is *using* this license”.<br><br>But what is "Using" (apart from private use that is never a distribution) ?<br>- Is it the “normal use”, according to documentation or instruction notice, in the framework of a project, the covered software being distributed “as is” or even modified as one of the components of the project distribution?<br>- Is it the use of the covered software "as a tool", for generating other software components of the project (even if your software itself will not be distributed, the distributed components will integer some code generated by your software, as resulting from the normal use of your software)?<br>- Is it the "integration" of the covered software in a combined work, where the integrator has copied/reproduced the code of the data structures / the APIs of the covered software in its own code, in order to make the covered software interoperable with other components present in the project or with its own software, so all components of the project are distributed after being integrated (i.e. through some hard-coded static linking, based on interoperable APIs)?<div>- Is it the reproduction or merging of functional copyrighted software code in some project components, making the project a derivative of your software? <br>- Etc. (i.e. distribution "as a service"...</div><div><br></div><div>Most of the users' questions received in a legal support service like Joinup.eu are about this ambiguous notion of "using" software. </div></div></div><br><div class="gmail_quote"><div dir="ltr" class="gmail_attr">Le lun. 18 janv. 2021 à 02:24, Kevin P. Fleming <<a href="mailto:kevin%2Bosi@km6g.us" target="_blank">kevin+osi@km6g.us</a>> a écrit :<br></div><blockquote class="gmail_quote" style="margin:0px 0px 0px 0.8ex;border-left:1px solid rgb(204,204,204);padding-left:1ex">On Sun, Jan 17, 2021 at 8:13 PM Tenorgil <<a href="mailto:tenorgil@gmail.com" target="_blank">tenorgil@gmail.com</a>> wrote:<br>
><br>
> Can you clarify this phrase<br>
><br>
> You can basically do whatever you want, as long as you are not a company with shareholders employing lots of people<br>
><br>
> What does it mean if “you” (presumably a person) is not a company (a legal concept). If all the employees of a company can use the code, what does it mean that the company can’t?<br>
<br>
It's not relevant. The employees are free to 'use the code' in their<br>
individual capacities, but the company cannot. For example the company<br>
cannot 'use the code' on its internal computer systems, which are<br>
owned by the company and not the employees. Also the company cannot<br>
'use the code' in its products, which are products of the company and<br>
not its employees. Those employees, when acting on behalf of the<br>
company (doing their jobs) are agents of the company, not individuals,<br>
and the license terms apply to the company.<br>
<br>
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</blockquote></div><br clear="all"><div><br></div>-- <br><div dir="ltr"><div dir="ltr"><div>Patrice-Emmanuel Schmitz<br><a href="mailto:pe.schmitz@gmail.com" target="_blank">pe.schmitz@gmail.com</a><br>tel. + 32 478 50 40 65</div></div></div>