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

Pamela Chestek pamela at chesteklegal.com
Tue Jun 8 23:22:22 UTC 2021


As others have pointed out, there's a difference between my duty to 
comply with laws, in which case compliance with those laws may mean I am 
not at liberty to exercise the license granted to me, and whether or not 
the license to me terminates because I failed in a duty not to break the 
law. It is the latter situation that is a violation of OSD6 and the 
objection to the license under review.

If you believe that the language in the 3D Slicer license doesn't 
terminate the license I'd be interested in hearing how you parse the 
sentence. For your reference, the sentence is: "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."


Pamela S. Chestek
Chestek Legal
PO Box 2492
Raleigh, NC 27602
pamela at chesteklegal.com

On 6/8/2021 4:49 PM, Lawrence Rosen wrote:
> Simon, I’ve never been to Thailand nor reviewed its software laws. But 
> in the US, if you distribute open source software that violates the 
> export law of the US, you could go to jail. “Open source” is 
> irrelevant. Copyright law is irrelevant. /Larry
> Lawrence Rosen
> 707-478-8932
> 3001 King Ranch Rd., Ukiah, CA 95482
> lrosen at rosenlaw.com <mailto:lrosen at rosenlaw.com>
> LinkedIn: Lawrence Rosen
> *From:* Simon Phipps <simon at webmink.com>
> *Sent:* Tuesday, June 8, 2021 12:04 PM
> *To:* Lawrence Rosen <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
> On Tue, Jun 8, 2021 at 6:46 PM Lawrence Rosen <lrosen at rosenlaw.com 
> <mailto:lrosen at rosenlaw.com>> wrote:
>     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.
> Please help me understand this. If I were in Thailand and used AFL 3.0 
> licensed software to publish a call for a republic, would I be in 
> breach of the author's copyright as well as in breach of their /lese 
> majeste/ laws?
> S.
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