[License-review] Approval: Server Side Public License, Version 1 (SSPL v1)

Bruce Perens bruce at perens.com
Wed Oct 17 03:28:26 UTC 2018


It looks like the GPL copyright issue is moot:
https://www.gnu.org/licenses/gpl-faq.html#ModifyGPL

On Tue, Oct 16, 2018 at 4:41 PM Bruce Perens <bruce at perens.com> wrote:

> The issue of the license text being infringing of FSF's copyright needs to
> be addressed. I doubt FSF is going to give permission for this use of their
> text. There is a possible 17 USC 102(b) argument, but most sources (Nimmer,
> Adams) disagree, and I don't know of any case law. This might require a
> full rewrite, and IMO OSI would face a risk of being a contributory
> infringer simply by hosting a copy of the current text on their site. The
> legal ambiguity of that might be sufficient reason for rejection.
>
> I am most concerned with the second paragraph of section 13, and its
> conflict with OSD #9 and #6. The definition of how those pieces are coupled
> needs to be tighter. Management software, backup software, etc. may be used
> as part of the offering of a service, but they don't create a derivative
> work, nor are they combined into the same program. So, we get a restriction
> on works that are simply aggregated together (#9) or a restriction on use
> of the program if the data is backed up using a non-Open-Source backup
> program (#6).
>
>     Thanks
>
>     Bruce
>
> On Tue, Oct 16, 2018 at 8:31 AM Richard Fontana <fontana at sharpeleven.org>
> wrote:
>
>> On Tue, Oct 16, 2018 at 09:03:02AM -0400, Eliot Horowitz wrote:
>> > This license is being submitted for approval by its steward, MongoDB,
>> Inc.
>>
>> Apologies if this was already noted in your submission: MongoDB,
>> Inc. has made a redline from AGPLv3 available here:
>> https://webassets.mongodb.com/_com_assets/legal/SSPL-compared-to-AGPL.pdf
>>
>> Eliot, have you also contacted the Free Software Foundation about this
>> license (to see whether they would consider it, or rather software
>> licensed under it, to meet the Free Software Definition)?
>>
>> Richard
>>
>>
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>>
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>>
>
>
> --
> Bruce Perens K6BP - CEO, Legal Engineering
> Standards committee chair, license review committee member, co-founder,
> Open Source Initiative
> President, Open Research Institute; Board Member, Fashion Freedom
> Initiative.
>


-- 
Bruce Perens K6BP - CEO, Legal Engineering
Standards committee chair, license review committee member, co-founder,
Open Source Initiative
President, Open Research Institute; Board Member, Fashion Freedom
Initiative.
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