[License-review] Request for Approval of 'new' Open Constitution License X

Josh Berkus josh at berkus.org
Fri Aug 25 16:42:39 UTC 2023


On 8/25/23 08:07, Pamela Chestek wrote:
>> OSD 5. No Discrimination Against Persons or Groups
>>
>> /(Y) except Article 5 which sets up relinquishment of rights or 
>> observing exclusion rights attached to any property, against events as 
>> a consequence of violent persons or groups, or prevention of cyber 
>> security harm, and observance of beneficiary data, which is localised 
>> in the attributed AI system. /
>>
> 
> "Yes, except" is "No." This license does not meet the OSD and will not 
> be considered for approval.

Concur.  For that matter, someone who uses the software for criminal or 
espionage purposes is hardly going to be stopped by the fact that 
they're violating the license.  Instead, it would work better if you 
just took Article 5 out of the license and instead put it in the TOS for 
your website/network.  That way you're legally covered (I would add a 
prohibition against CSAM while you're at it), but the license can still 
be OSS.

As a developer, I would like to understand what your other terms 
actually mean.  It's very confusing because you use a lot of words in 
ways that those words are not normally used.  For example, "token" seems 
to refer to an actual piece of software rather than just an encryption 
key.  And you're using "localization" here in a way that I can't 
decipher at all.

By my reading:
- recipients of the Work are required to offer their downstreams a 
"token", which is some kind of binary data and/or compiled code;
- recipients are NOT required to make source code in human-readable 
format available

Is that correct?  Can you explain in straightforward terms what the 
expected open source developer/redistributor workflow and obligations 
with this license are supposed to be, and how this relates to AI?

That's assuming that you remove Article 5, of course.

-- 
Josh Berkus




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