[License-review] Submission of the Upstream Compatibility License v1.0 (UCL-1.0) for approval

[Josh berkus]

On 10/24/2016 02:04 PM, Nigel T wrote:
> OSI License Submission for Upstream Compatibility License (UCL) v1.0
> 
> The attached license is submitted to the Open Source Initiative for
> approval as
> an OSI-approved Open Source license.
> 
> RATIONALE:
> 
> To provide developers wishing to open source an existing closed source
> product
> with an Open Source license that is Copyleft for downstream developers and
> Permissive for upstream developers

Can someone explain how this is legally even possible?  Larry?

Can you explain why you need this license, either directly or using
pseudonyms? It's certainly unique, it might be permissible, but it'll be
really hard to explain to people.

I really can't figure out how it would work though; it seems like I
could easily work around it to get whatever I wanted as Apache-licensed:

1. I grab Appy under the UPL
2. I create derivative work AppyApp and license it under the UPL
3. My buddy Bob creates derivative work AppyApp++
4. He then licenses AppyApp++ to me under Apache 2.0.

If you're resting on the idea that the "Original Work" only applies to
Appy in that case, that doesn't seem to hold water to me ... as far as
Bob is concerned, AppyApp is the "Original Work" he worked with.

If the status of "original work" can be specificially carved out as only
the contributors to Appy, that seems like the license creates a special
class of contributors, which I'm really not keen on, and I'm fairly sure
violates one or more OSI principles.

Also, this license provides no provision for upgrading to Apache 3.0,
whenever that becomes a reality.

--Josh Berkus (developer)