[License-review] For Approval: The Cryptographic Autonomy License

[VanL]

Hello Bruce,

There are a number of misapprehensions in your post.

On Mon, Apr 22, 2019 at 7:59 PM Bruce Perens via License-review <
license-review at lists.opensource.org> wrote:

>
> The purpose of the license is to implement a sort of market and to protect
> the operation *of the market,* rather than simply *the rights regarding
> the program.*
>

You are correct that there is a business purpose that we believe will be
furthered by this license. But you are fundamentally incorrect in your
assertion: the license itself is written to be completely independent of
the business purpose. It can be used in many different ways by many
different users.

This necessarily requires that the terms of the license go substantially
> beyond  terms regarding the software itself.
>

Again this is incorrect. The license only and exclusively 1) grants
permissions to the Work, and 2) places conditions on the use of the Work.


> Thus, we have the terms regarding user data, which apply to *any data
> whatsoever* which the program has touched in some way:
>
> *b) Throughout any period in which You exercise any of the permissions
> granted to You under this License, You must also provide to any third party
> with which you have an enforceable legal agreement, a no-charge copy,
> provided in a commonly used electronic form, of the User Data in your
> possession in which that third party has a Lawful Interest;*
>
> And then we define user data this way:
>
>
> *l) “User Data” means any data that is either a) an input to, or b) an
> output from, the Work or a Modified Work, in which a third party other than
> the Licensee has a Lawful Interest in the data.*
>
>
> But we never define* lawful interest. *We refer to GDPR and, I guess,
> vaguely wave at the body of law entire.
>

Again incorrect. Lawful Interest is a defined term (as indicated by the
capitalization). It is defined in 6(e):

“Lawful Interest” means either 1) an ownership interest or 2) a
non-ownership property or possessory interest, including but not limited to
lawful possession of a particular copy of a work.

[snip]

The further commentary is moot due to its depending on not noticing the
provided definition of Lawful Interest. User Data is data that a user a)
owns, or b) has a property interest in, or c) has a possessory interest in.
These are known legal terms and concepts.

Thanks,
Van
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