[License-review] Submitting CC0 for OSI approval
Bruce Perens
bruce at perens.com
Sat Feb 18 00:22:42 UTC 2012
I can't confirm this on behalf of OSI, as far as I'm aware I'm still
persona non grata in that camp.
At the time I wrote the OSD, I was ignorant of patent estoppel issues,
and there were no attorneys that would help us.
I did not write the "rationale" segments, they are supplemental to the
OSD rather than part of it, and they sometimes do not reproduce the
rationale I had in mind when writing the section.
However, it seems to me that #7 as I wrote it /would/ apply to any
requirement for a separate patent license.
It does seem that an explicit disclaimer of patent grant, and
abandonment of copyright rather than provision of a license, do not add
up to equitable estoppel regarding patents.
It doesn't seem to me that this non-license would be as safe for
developers as BSD. I would not be so fast to approve it before looking
at this issue /really /carefully.
Thanks
Bruce
On 02/17/2012 03:03 PM, Richard Fontana wrote:
> OK. I would just like the OSI to confirm that this provision of the
> Open Source Definition
>
> 7. Distribution of License
>
> The rights attached to the program must apply to all to whom the
> program is redistributed without the need for execution of an
> additional license by those parties.
>
> Rationale: This clause is intended to forbid closing up software by
> indirect means such as requiring a non-disclosure agreement.
>
> is not in conflict with the provision of CC0 I quoted. (In which case,
> I would be interested in understanding what that plank of the OSD
> actually means. Perhaps Mr. Perens can shed some light.:)
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