[License-review] For Approval: OpenMDW License Agreement, versions 1.1 (OpenMDW-1.1)

[Pamela Chestek]

On 9/10/2026 6:57 PM, Luis Villa wrote:
> With the usual caveat that I’m just dipping my toe in this thread and 
> reading every fifth post at best:
>
> On Thu, Sep 10, 2026 at 6:08 PM Pamela Chestek 
> <pamela at chesteklegal.com> wrote:
>
>     What I find distinguishable about a termination of the copyright
>     license versus the patent license is that copyright infringement
>     doesn't happen by accident. There is no copyright infringement
>     without deliberate, knowing copying. Someone may have made the
>     judgment call that the copying is lawful, and therefore not an
>     infringement, but it was nevertheless intentional conduct.
>
> This conflates two different things: copying is always intentional, 
> but not all copying is copyright infringement. There are very clear 
> good-faith arguments (under both the EU’s TDM exception and US fair 
> use) that the sorts of copying we’re mostly talking about here are not 
> copyright infringement.
>
> Now, maybe you don’t agree with those arguments (I move back and forth 
> myself a lot of the time!) but intentional copying doesn’t mean 
> intentional infringement.
I very carefully did not say that all copying was copyright 
infringement. But the license doesn't distinguish. Someone could 
intentionally and knowingly infringe copyright, slap this license on it, 
and restrict the ability of the wronged party to use their software or 
AI model/system. That's the scenario I am thinking about.

Pam

Pamela S. Chestek
Chestek Legal
4641 Post St.
Unit 4316
El Dorado Hills, CA 95762
+1 919-800-8033
pamela at chesteklegal.com
www.chesteklegal.com
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