[License-review] The Vaccine License

Pamela Chestek pamela.chestek at opensource.org
Wed Oct 30 02:31:20 UTC 2019

Dear Fil,

If you were referring to comments from Simon, he is not the "head" of 
the OSI but simply a member of the board along with others, and would 
have been expressing his personal opinion, not that of the OSI.


Pamela Chestek
Open Source Initiative
Chair, Licensing Committee

On 10/29/19 5:18 PM, Filli Liberandum wrote:
> Hi Anand,
> In the mailing list archives, I saw the recent submission of the 
> Cryptographic Autonomy License of Mr. Lindstrom, which asks for the 
> release of some data as its condition. And this appears to have been 
> taken quite seriously, with the head of the Open Source Initiative 
> publicly stating that he did not see a problem with its terms. So, 
> perhaps something has already changed between the submission of your 
> license and now. Or perhaps something should.
>     Thanks
> /Fil/
> On Tue, Oct 29, 2019 at 1:51 PM Anand Chowdhary 
> <anandchowdhary at gmail.com <mailto:anandchowdhary at gmail.com>> wrote:
>     Dear Fil,
>     Quick intro: I’m Anand, and I tried to make an open-source
>     license: https://github.com/AnandChowdhary/twente-license. The
>     idea was similar to yours, and the condition was privacy. The
>     condition was that people using anything Twente licensed need to
>     adhere to some data privacy standards, like you’re asking for
>     vaccines.
>     The problem with my idea (similar to yours), I think is that it’s
>     not the license’s job to do this. We should rely upon
>     local/national/international regulation, and leave open source for
>     what it is — spreading knowledge.
>     Back then, someone on this very list told me “Open source MUST be
>     allowed to do illegal things. It is not up to the copyright owners
>     to perform law enforcement. And something that's illegal for
>     someone is legal for others. Spyware is a good example. Something
>     is illegal someplace might be even compulsory elsewhere.”
>     I think you should read this message from the Twente license
>     thread:
>     http://lists.opensource.org/pipermail/license-review_lists.opensource.org/2019-February/003957.html.
>     I understood that there are better ways to ensure data privacy.
>     Maybe the same applies to you: There are better way to advocate
>     for vaccinations, but open-source licenses are not the way to do it.
>     Best,
>     Anand Chowdhary
>     Chief Executive Officer
>     Oswald Labs <https://oswaldlabs.com>
>     NL +31 6 44 69 10 56
>     US +1‪ 404 795 4042‬
>     IN +91 95552 97989
>     E ceo at oswaldlabs.com <http://mailto:ceo@oswaldlabs.com>
>     For appointments, email Ara at ara at oswaldlabs.com
>     <https://mailto:ara@oswaldlabs.com>.
>     On Oct 29, 2019, 13:45 -0700, Filli Liberandum
>     <filliliberandum at vaccinelicense.com
>     <mailto:filliliberandum at vaccinelicense.com>>, wrote:
>>     Hello Mr. Piana,
>>     In preparing this submission, I read the Mailing List Code of
>>     Conduct at https://opensource.org/codeofconduct
>>     Please familiarize yourself with it. In the name of getting
>>     along, I think it would be best if we all overlooked the tone of
>>     your message - this time.
>>     Obviously this is not the first license which dares to ask for
>>     something in return, more than just sharing source code of
>>     modifications, in exchange for the great work of Open Source
>>     developers.
>>     *There is a rising sentiment in the Open Source community that we
>>     give too much and ask for much too little.*
>>     It is time that the OSI board and the members involved in this
>>     process acknowledged that. This license seeks to change the
>>     balance, in a way that complies with the Open Source Definition,
>>     and deals with a real problem everyone should support, rather
>>     than asking for money and contaminating the developer process
>>     with endless arguments over fairness of compensation, or
>>     attempting to stop a war or some other such absurd thing where we
>>     would be bound to fail. Vaccination is real, practical, and most
>>     people worldwide can get it. And of course it saves lives. It
>>     seems very little to ask for, doesn't it?
>>     /Fil/
>>     On Tue, Oct 29, 2019 at 12:56 PM Carlo Piana <carlo at piana.eu
>>     <mailto:carlo at piana.eu>> wrote:
>>         Nope!
>>         Good intent yelds bad licenses and incompliance. I actually
>>         campaign pro vax, yet this license is not acceptable in the
>>         least bit. I am undecided whether it's a trolling exercise.
>>         Probably it is. I must have read of it somewhere else.
>>         I won't insult this list members' intelligence by discussing why.
>>         Please, stop it.
>>         Cheers
>>         K
>>         29 ott 2019 ha scritto:
>>             Honored Board Members of the Open Source Initiative and
>>             members in the license-review process,
>>             This is a submission for approval as per the license
>>             review process documented at https://opensource.org/approval
>>             *Type of submission:* Approval
>>             *License name:* Vaccine License
>>             *Text of the license:*
>>             The Vaccine License
>>             /Version 1.0, October 2019/
>>             SPDX: Vaccine-1.0
>>             https://www.vaccinelicense.com/vaccine-license/
>>             <http://www.apache.org/licenses/>
>>             PRELUDE
>>             Open Source developers should work for good, not
>>             evil. The misguided rejection of vaccination is one of
>>             the greatest evils that has ever existed. The /Vaccine
>>             License/ is a software license that requires that users
>>             vaccinate their children, and themselves, and that user
>>             businesses make a similar requirement of their employees,
>>             to the greatest extent legally possible.
>>             The Vaccine License is derivative of the text of the
>>             Apache License, but with significantly modified language
>>             and very different effect. The license is reciprocal, and
>>             the grant of copyright and patent license rights only
>>             applies so long as the user complies with local
>>             vaccination recommendations.
>>             1. Definitions.
>>             “License” shall mean the terms and conditions for use,
>>             reproduction, and distribution defined by this document.
>>             “Licensor” shall mean the copyright owner or entity
>>             authorized by the copyright owner that is granting the
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>>             “Legal Entity” shall mean the union of the acting entity
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>>             management of such entity, whether by contract or
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>>             more of the outstanding shares, or (iii) beneficial
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>>             “Source” form shall mean the preferred form for making
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>>             medicine, and has been licensed or authorized by the
>>             government of the place where they practice to be the
>>             primary authority to plan and order the medical care that
>>             should be provided to a particular patient.
>>             “Vaccine” shall mean a biological preparation that
>>             provides active acquired immunity to a
>>             particular disease, which is prepared, recommended, and
>>             administered under the supervision of a Medical Doctor.
>>             “Vaccination” shall mean the administration of vaccine to
>>             a patient.
>>             “Local Vaccination Authority” shall mean a government
>>             agency tasked with guiding the control of disease by
>>             recommending vaccination of persons, which enacts the
>>             advice of Medical Doctors. In the United States, this
>>             shall be the Centers For Disease Control And Prevention,
>>             or any successor agency to that one which is given the
>>             same task.
>>             “Local Vaccination Recommendations” shall mean
>>             recommendations published by the Local Vaccination
>>             Authority which recommend vaccines which should be
>>             administered to certain persons, on the basis of age,
>>             travel destination, occupation, health status, and other
>>             factors. An example is “Recommended Vaccines by Age”,
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>>             Disease Control and Prevention.
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>>             administered to themselves and to all legal minors to
>>             whom they are parent or guardian all vaccines recommended
>>             by their Local Vaccination Recommendations which are
>>             appropriate for the patient’s medical condition. This
>>             requirement is waived only to the extent that it is not
>>             reasonably possible, for example if the person can not
>>             afford the vaccine, does not have access to it, or can
>>             not make the vaccine decision without the consent of
>>             another party which will not agree.
>>             “Complying Legal Entity” shall mean a Legal Entity other
>>             than a natural person that, to the greatest extent
>>             legally possible in its locality, requires its employees
>>             to be Complying Persons. This requirement is waived only
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>>             would prohibit its application.
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>>             this License.
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>>             *end of license text.*
>>             *Rationale:*
>>             Open Source software is used to commit all sorts of evil.
>>             Open Source developers contribute their work freely to be
>>             used in this way. It’s time for Open Source developers to
>>             /ask for something /in return for that work.
>>             /But what to ask for?/ We have chosen vaccination,
>>             because the need for it is scientifically verified,
>>             because so many people are killed or maimed because their
>>             parents deny them vaccination, and because the ignorance
>>             that causes rejection of vaccination is an
>>             easily-identifiable evil. There are no legal ambiguities
>>             where rejection of vaccination is concerned, so it is
>>             simple to require it in a license.
>>             The rejection of vaccination is not a distant evil. It is
>>             happening right around you. It effects people you care
>>             about, but you’re unable to intervene. Or you were, until
>>             now.
>>             Here are some expected arguments which might be attempted
>>             as justification to reject the Vaccine License.
>>             Argument: /The Vaccine License does not benefit the Open
>>             Source Community sufficiently to be adopted as an Open
>>             Source License./
>>             Refutation: /By improving the physical health of members
>>             of the Open Source Community, since it requires that
>>             those members get their shots, the Vaccine License is of
>>             greater benefit to the community than any other license
>>             that simply governs the use, distribution, and
>>             modification of software./
>>             Argument: /The Vaccine License Violates Article 5
>>             <https://opensource.org/osd/#persons-or-groups> of the
>>             Open Source Definition <https://opensource.org/osd>, “No
>>             Discrimination Against Persons or Groups”, since it
>>             discriminates against anti-vaxers./
>>             Refutation: The text of /Article 5 /is
>>                 The license must not discriminate against any person
>>                 or group of persons.
>>             Since any person or group, without exception, may receive
>>             a vaccine which is medically appropriate for them, the
>>             Vaccine License does not discriminate against any person
>>             or group. So-called “anti-vaxxers” identify themselves by
>>             their misguided rejection of vaccines, but such rejection
>>             is an /action /rather than /membership in a group./
>>             Argument: /The Vaccine License Violates Article 6
>>             <https://opensource.org/osd/#fields-of-endeavor> of the
>>             Open Source Definition, “No Discrimination Against Fields
>>             of Endeavor”/
>>             Refutation: The text of /Article 6/ is
>>                 The license must not restrict anyone from making use
>>                 of the program in a specific field of endeavor. For
>>                 example, it may not restrict the program from being
>>                 used in a business, or from being used for genetic
>>                 research.
>>             The Vaccine License does not include terms discriminating
>>             against any field of endeavor. It only places a
>>             requirement upon Complying Legal Entities that, to the
>>             greatest extent legally possible, they perform that field
>>             of endeavor using Complying Persons as their employees.
>>             There is an exception in the Vaccine License if such an
>>             action is prohibited by the locality’s law.
>>             *Distinguish (from other OSI-approved licenses):* There
>>             is not a similar license currently approved by the OSI
>>             *Legal Review:* The license was prepared by a licensing
>>             professional. In the client's best interest, the legal
>>             review can not be made public. We note that other license
>>             submissions have not submitted a detailed legal review.
>>             *License proliferation category:* This license is not yet
>>             popular. It is not duplicative of other licenses.
>>               Respectfully Submitted
>>             /Filli Liberandum/
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