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

[Kyle Mitchell]

On 2018-10-18 15:10, Bruce Perens wrote:
> There is already a defined term, "public performance". It is problematic in
> that the US Copyright title only defines that there is a controllable right
> for public performance of certain kinds of media, not including software.
> But I don't see why it can not be used in contractual language, which is
> where we will always get in attempting to synthesize a public performance
> right where the law provides none.

Contract may have seemed the whole legal toolkit in 2002,
when I understand AGPLv1 saw first light.  And still in
2007, for AGPLv3.  That was before _Vernor_ in 2010.
_Jacobsen_ came between, smudging the line between license
and contract, which we've seen again in _Artifex_.

Contract might _still_ seem the only tool, if for
philosophical or strategic reasons we confine ourselves to
an alternative copyright law, copyright law as we would like
it to be.  Adjacent movements haven't done so.  We see that
in CC-BY-NC-*.

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