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

[Pamela Chestek]

On 9/9/2024 7:31 PM, Josh Berkus wrote:
> On 9/1/24 05:53, Stefano Maffulli wrote:
>> - What new challenges do you expect to see in reviewing these licenses?
>
> I see three major challenges:
>
> 1. We'll need to review TOS for types of content which are not subject 
> to copyright law (e.g. collections of model weights).  To date, all of 
> the license eval on this list has been within the framework of 
> copyright law.  I suspect that I lot of us would need some education 
> on how to evaluate non-copyright terms; I know that I will.
That's not accurate. We consider patent rights specifically, and we have 
recently discussed moral rights. I believe there is sufficient expertise 
on the committee to evaluate non-copyright provisions.
>
> 2. We will also need to evaluate whether certain types of content 
> (model weights, training process docs, etc.) require any clarification 
> of the OSD for compliance.
I'm not following - the measure will be against the OSAID, not the OSD.
>
> 3. The OSAID certifies complete software systems, not just licensing 
> documents.  So we will need to verify that the terms submitted are 
> actually applied to the software available.  To date, L-R has operated 
> by waiting for folks to submit documents to us; the OSAID will require 
> us -- or someone else -- to perform a compliance review.
This is not accurate. As Roland noted, Stef's email specifically said 
the OSI will not be certifying systems (not does it certify software - 
we just call people out when the claim is falsely made). The question 
here is only about reviewing documents.
>
> > - Do you recommend any changes to the process in light of potential 
> new challenges?
>
<snip>
>
> Finally, I think we'll want to list approved documents which are not 
> software licenses separately on the website from the software licenses.

I expect we'll have a separate section for AI licenses.

Pam

Pamela S. Chestek
Chestek Legal
300 Fayetteville St.
Unit 2492
Raleigh, NC 27602
+1 919-800-8033
pamela at chesteklegal
www.chesteklegal.com