[License-review] request for review of the 3D Slicer License

[Eric Schultz]

Larry,

I interpret "such uses" as referring to "all ways not otherwise restricted
or conditioned by this License or by law". I may be interpreting that wrong
(IANAL) but if true that would seem to imply the license only applies to
legal uses.

Eric


On Tue, Jun 8, 2021 at 3:42 PM Lawrence Rosen <lrosen at rosenlaw.com> wrote:

> Eric: Read the entire provision: “Licensor promises not to interfere with
> or be responsible for such uses by You.” /Larry
>
>
>
> Lawrence Rosen
>
> 707-478-8932
>
> 3001 King Ranch Rd., Ukiah, CA 95482
>
> lrosen at rosenlaw.com
>
> LinkedIn: Lawrence Rosen
>
>
>
> *From:* Eric Schultz <eric at wwahammy.com>
> *Sent:* Tuesday, June 8, 2021 11:01 AM
> *To:* lrosen at rosenlaw.com; License submissions for OSI review <
> license-review at lists.opensource.org>
> *Subject:* Re: [License-review] request for review of the 3D Slicer
> License
>
>
>
> Larry,
>
>
>
> I'm of the opinion that the AFL is not OSD compliant then.
>
>
>
> The issue isn't whether the user is legally required to comply with
> various laws but whether the licensor has an infringement claim against the
> user if they don't comply with applicable laws. The OSD precludes licenses
> from making such a claim possible.
>
> I'm honestly surprised this is even a discussion, this seems pretty
> fundamental to the rights provided by the OSD and the free software
> definition.
>
>
>
> Eric
>
>
>
> On Tue, Jun 8, 2021 at 12:44 PM Lawrence Rosen <lrosen at rosenlaw.com>
> wrote:
>
> Pam Chestek wrote:
>
> I agree that the sentence "You further agree to use, reproduce, make
> derivative works of, display and distribute the Software in compliance with
> all applicable governmental laws, regulations and orders, including without
> limitation those relating to export and import control" is a field of use
> restriction that we have found unacceptable in the past.
>
>
>
> I don’t agree with this. A requirement to obey “applicable” laws is
> mandatory for every licensor or licensee who wants to stay out of jail. The
> government will (may!) enforce this provision. Here is AFL 3.0, section 15:
>
>
>
> 15) *Right to Use.* You may use the Original Work in all ways not
> otherwise restricted or conditioned by this License or by law, and Licensor
> promises not to interfere with or be responsible for such uses by You.
>
>
>
> /Larry
>
>
>
>
>
> -----Original Message-----
> From: License-review <license-review-bounces at lists.opensource.org> On
> Behalf Of Pamela Chestek
> Sent: Monday, June 7, 2021 9:45 PM
> To: license-review at lists.opensource.org
> Subject: Re: [License-review] request for review of the 3D Slicer License
>
>
>
> On 6/1/2021 1:30 AM, Josh Berkus wrote:
>
> > On 5/30/21 2:25 PM, Thorsten Glaser wrote:
>
> >>> If section B was pulled out, I would recommend that this clause
>
> >>> should not be an agreement but simply inform the user that such
>
> >>> obligations may exist.
>
> >> Oh, good catch! IIRC we have precedence of not allowing such language
>
> >> considering laws differ between places and may change, and because it
>
> >> doesn’t belong into a licence anyway.
>
> >
>
> > ... also because, given a lot of the crazy laws out there, it may be
>
> > impossible to be in compliance with all such laws.
>
> >
>
> I agree that the sentence "You further agree to use, reproduce, make
> derivative works of, display and distribute the Software in compliance with
> all applicable governmental laws, regulations and orders, including without
> limitation those relating to export and import control" is a field of use
> restriction that we have found unacceptable in the past.
>
>
>
> Pam
>
>
>
> Pamela S. Chestek
>
> Chestek Legal
>
> PO Box 2492
>
> Raleigh, NC 27602
>
> pamela at chesteklegal.com
>
> +1 919-800-8033
>
>
>
> _______________________________________________
>
> The opinions expressed in this email are those of the sender and not
> necessarily those of the Open Source Initiative. Communication from the
> Open Source Initiative will be sent from an opensource.org email address.
>
>
>
> License-review mailing list
>
> License-review at lists.opensource.org
>
>
> http://lists.opensource.org/mailman/listinfo/license-review_lists.opensource.org
>
> _______________________________________________
> The opinions expressed in this email are those of the sender and not
> necessarily those of the Open Source Initiative. Communication from the
> Open Source Initiative will be sent from an opensource.org email address.
>
> License-review mailing list
> License-review at lists.opensource.org
>
> http://lists.opensource.org/mailman/listinfo/license-review_lists.opensource.org
>
>
>
> --
>
> Eric Schultz, Developer and FOSS Advocate
>
> wwahammy.com
>
> eric at wwahammy.com
>
> @wwahammy
>
> Pronouns: He/his/him
>


-- 
Eric Schultz, Developer and FOSS Advocate
wwahammy.com
eric at wwahammy.com
@wwahammy
Pronouns: He/his/him
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://lists.opensource.org/pipermail/license-review_lists.opensource.org/attachments/20210608/6234499d/attachment-0001.html>