[License-review] License review

[Pamela Chestek]

All,

Below is the recommendation of the License Committee on the Setup Tool 
License 1.3, which is "/Resolved that it is the opinion of the OSI that 
the Setup Tooling License 1.3 does not conform to the OSD and assure 
software freedom and the license is therefore not approved./"

  The next Board meeting is Friday, August 16, when I expect the Board 
will vote on the recommendation.

Pam

Pamela S. Chestek
Chair, License Committee
Open Source Initiative

=============

License: Setup Tooling License 1.3 (Exhibit A)
Submitted: 15 May 2024, 
https://lists.opensource.org/pipermail/license-review_lists.opensource.org/2024-May/005471.html
Decision date: due no later than the first Board meeting after 15 July 2024

License Review Committee Recommendation:

/Resolved that it is the opinion of the OSI that the Setup Tooling 
License 1.3 does not conform to the OSD and assure software freedom and 
the license is therefore not approved./

_Rationale Document_

Reasons for withholding approval: The limitation “You are not allowed to 
make a proprietary application from the source code of this program, 
unless stated differently by the copyright holder of this software,” is 
a clear violation of OSD 6, “No Discrimination Against Fields of Endeavor.”
_
Exhibit A_

Copyright (c) 2023 Setup Tooling Project

This license is derived from the MIT license.

Permission is hereby granted, free of charge, to any person obtaining a 
copy of this software and associated documentation files (the 
"Software"), to deal in the Software without restriction, including 
without limitation the rights to use, copy, modify, merge, publish, 
distribute, sublicense, and/or sell copies of the Software, and to 
permit persons to whom the Software is furnished to do so, subject to 
the following conditions:

You are not allowed to make a proprietary application from the source 
code of this program, unless stated differently by the copyright holder 
of this software.

The above copyright notice and this permission notice shall be included 
in all copies or substantial portions of the Software.

For any complaints about the license contact us here: legal at 
burningpho3nix.xyz

THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS 
OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF 
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. 
IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY 
CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, 
TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE 
SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.





On 5/15/2024 5:39 AM, Setup Tooling Legal Team wrote:
> Greetings everyone,
>
> I'd like to get a new license approve,
> this license is complying with the OSD.
> The project Setup Tool 
> <https://gitlab.com/setup-tooling-project/setup-tool> is planning to 
> adopt this license as soon as it's approved.
> The person maintaining this license is myself.
> I have not send it to review by the FSF or such yet.
> The license attached is called "Setup Tooling License 1.3".
> This license is not exactly filling a big gap, it is more about 
> matching it to the projects needs.
> As it is derived from the MIT license it is very similar to that,
> the difference made is a restriction to use or better said no use in 
> closed-source software.
> The license was not drafted by a lawyer.
>
> Best regards,
> Eddi-Jay Ohlms
> BurningPho3nix, Maintainer and Project Lead Setup Tooling Project
>
> _______________________________________________
> 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
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-- 
Pamela S. Chestek Chair, License Committee Open Source Initiative
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