[License-review] Adapting the license-review process to AI

[Shuji Sado]

Hi,

- Do you believe that this group should be the one to review the new
documents, or should a separate group be created for it?
Since this group has the most knowledge and experience in dealing with
intellectual property rights licenses, I don't see the need to create a new
group.

- What new challenges do you expect to see in reviewing these licenses?
Consideration of rights other than copyright will likely be necessary.
For example, Creative Commons licenses specify the waiver of moral rights,
publicity rights, privacy rights, etc., so..  with data licenses, it will
be necessary to ensure that these rights are not exercised.

In March, I pointed out that the Blue Oak Model License does not consider
moral rights.
The consensus in this thread was that, for software programs, not
considering moral rights is not an issue in most jurisdictions worldwide,
but it can be a problem in East Asian countries, particularly in Japan.
At the time, I did not take significant action because it seemed to be an
issue limited to a few countries, and there were not many projects adopting
this license.

https://lists.opensource.org/pipermail/license-discuss_lists.opensource.org/2024-March/thread.html#22222

However, recently, there was a request within my organization to apply this
license, and after discussions with multiple legal department members who
hold law degrees,
it was determined that in Japan, the Blue Oak License retains moral rights
with the authors, posing a risk that usage could be stopped at any time.
This cannot be considered an Open Source Data license. Also, regarding
data, there are likely many jurisdictions where moral rights are not as
restricted as they are for software.

- Do you recommend any changes to the process in light of potential new
challenges?
How about creating a system where licenses that have been reviewed and
approved can undergo a re-review?
Frankly, the previously mentioned Blue Oak Model License cannot legally be
treated as open source in Japan.
I hope a re-review mechanism will be established to address cases like
this, where a license might be problematic only in the EU or in certain
countries in Asia, and could otherwise be overlooked.
Thanks,


2024/09/01 21:54 Stefano Maffulli <stefano at opensource.org>:

> Dear license-review volunteers,
>
> It is likely that OSI will be receiving requests to approve new licenses,
> agreements, and terms of use/distribution for open source AI works. These
> documents may apply, not just to copyrighted software, but to non-software
> artifacts like datasets, documentation, and model parameters (aka weights).
>
> To be clear, the OSI has no intention to be evaluating AI systems for
> compliance to the Open Source AI Definition. This is only about reviewing
> licenses and other legal documents, whether intended to accompany a
> complete AI system or the individual components of AI systems.
>
> The questions for this group:
> - Do you believe that this group should be the one to review the new
> documents, or should a separate group be created for it?
> - What new challenges do you expect to see in reviewing these licenses?
> - Do you recommend any changes to the process in light of potential new
> challenges?
>
> Thanks,
> Stef
>
> --
>
> *Executive Director - Open Source Initiative*
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-- 
Shuji Sado
Chairman, Open Source Group Japan
https://opensource.jp/
https://shujisado.com/
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