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

[Pamela Chestek]

Moving to license-discuss.

Pam

On 8/25/2023 9:42 AM, Josh Berkus wrote:
> 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.
>