[License-review] For Approval: License Zero Reciprocal Public License

[Kyle Mitchell]

On 2017-10-26 15:10, Smith, McCoy wrote:
> > I'm not exactly sure I understand the OSD 6 concern,
> > especially to the extent rephrasing alone can avoid it.
>
> This was the concern with your time-limited termination
> provision, which applied to non-open source but not open
> source.  Again, I think this could be drafted to eliminate
> the OSD 6 issue.

Check my understanding?

1. It wasn't the time limit itself that prompted OSD 6
   concerns.  It was the fact that the time limit applied
   differently to open-source and non-open-source software.

2. The "specific field of endeavor" was use of
   non-open-source software.

3. Use of non-open-source software is distinct from creation
   of non-open-source software.  The former is protected by
   OSD 6.  The latter is not.

> > That leaves OSD 9.  GPL "work based on the Program" is
> > clearly within bounds.  Could you give an example of a
> > use out of OSD 9 bounds?
>
> OSD 9 gives an example:  "For example, the license must
> not insist that all other programs distributed on the same
> medium must be open-source software."  I'll give you two
> others which I think would violate OSD 9:
>
> 1. The license must not insist that all programs executing
>    on the same device must be open-source software.
> 2. The license must not attempt to dictate the license of
>    software when that software does not exercise of any of
>    the rights licensed by the open source license.
>
> [as to example 2, the authors of *GPL have been very
> careful to outline that those licenses only apply to
> software that requires an exercise of the derivative or
> collective work rights licensed under *GPL].

Let's revisit in the context of the forthcoming revision.  I
believe the relevant terms there will be "incorporate ...
into other software" and "develop ... other software".

-- 
Kyle Mitchell, attorney // Oakland // (510) 712 - 0933