[License-review] For Approval: Cryptographic Autonomy License (Beta 2)

[VanL]

Hello all,

I noted the recording of the vote on the CAL Beta 1 previously presented
here. As seen on the license-discuss list, I am now submitting CAL Beta 2
for approval. The license text is here:

https://docs.google.com/document/d/1PFX7PtPoSbSe7cC7BEoh44OjbWN91-IQOyGzO5Zr-1Q/edit?usp=sharing

I have reworked the CAL to remove the reasons for rejection and to address
the concerns that led into the “further discussion” items. In particular, I
worked on laying out the scope of the private right of use, clarifying when
the conditions apply, and avoiding constructions that may result in adverse
policy inferences. I also simplified the language to enhance
interpretability.

The most controversial aspect of the CAL remains: it requires someone who
is communicating the software (or a part of the software) to a "Recipient"
(a non-affiliated third party), to also allow that Recipient access to the
Recipient's own user data. To show how this fits into the broader concept
of software freedom, the policy associated with this requirement is also
laid out: to allow a Recipient to fully use an independent copy of the Work
generated from the Source Code provided with the Recipient’s own User Data.

For those only following this list, I also provided a changelog on
license-discuss [1] which prompted some discussion. From that discussion,
I'll note that Russell McOrmond is on record as believing that the CAL is
part of a class of licenses - which includes the AGPL, and the GPL as
applied) is not compliant with the OSD. Bruce Perens is on record as
believing the any requirements that an operator provide user data is a
violation of "no field of use" restriction in OSD 6. Bruce is also on
record as believing that the identification of the private right of use is
a field of use restriction.

Thanks,

Van


[1]
http://lists.opensource.org/pipermail/license-discuss_lists.opensource.org/2019-August/020937.html
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