[License-review] Submission of license "MAPOD4D" for approval

Pamela Chestek pamela at chesteklegal.com
Tue Jan 17 01:19:33 UTC 2023


On 1/15/2023 6:20 PM, Josh Berkus wrote:
>
> Second:
>
> "places conditions to prevent the software from being put on the 
> market as commercial product because it can slow down and prevent the 
> spread of culture. That’s why this license does not allow the licensee 
> to ask for payment when distributing a modified version, in any form."
>
> This statement is both completely incorrect, as well as a violation of 
> OSD#1.

On 1/16/2023 8:59 AM, Carlo Piana wrote:
>>> "do not charge any price or cost, you are not allowed to ask for any kind of payment for the distribution or communication of the modified work in non-
>>> source form"
>>>
>>
>> As other have already commented, I think this is against #6. I think this shows
>> a misunderstanding on "free". I cannot condition my permission to use a
>> software artifact to the payment of a sum of money or other requirement,
>> but since nothing imposes me to distribute or provide a build (as opposed to
>> provide the corresponding source code of a build), I can very much ask to be
>> paid for this action, provided I don't otherwise restrict the rights in any
>> proprietary way.
>>
On 1/16/2023 11:48 AM, McCoy Smith wrote:

> To me  this is the most important problem with this license, and since it seems to be one of the motivating factors for creating this license in the first place, it seems this license ought never be approved, since its purpose is to violate the OSD.
>

I agree with these comments. The justification for the license is 
"promoting the circulation of the code /but preventing the software 
product itself from being placed on the market as a commercial 
product/." The license submitter's stated intention is directly contrary 
to OSD6 so I don't see how this license could ever be approved.


Pamela S. Chestek (in my personal capacity)
Chestek Legal
PO Box 2492
Raleigh, NC 27602
pamela at chesteklegal.com
+1 919-800-8033
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