<div dir="ltr"><div class="gmail_extra"><div class="gmail_quote">On Sun, Apr 7, 2013 at 7:25 PM, Richard Fontana <span dir="ltr"><<a href="mailto:fontana@sharpeleven.org" target="_blank">fontana@sharpeleven.org</a>></span> wrote:<br>
<blockquote class="gmail_quote" style="margin:0 0 0 .8ex;border-left:1px #ccc solid;padding-left:1ex"><div class="im">On Sun, Apr 07, 2013 at 06:01:09PM -0700, Luis Villa wrote:<br>
> - it really isn't a good idea at this<br>
> point to draft a license without real legal consultation; cut and<br>
> paste isn't sufficient. Unfortunately, as currently drafted, the OSD<br>
> has no formal requirement for such a consultation.<br>
<br>
</div>I imagine Larry would agree with this, but I don't entirely<br>
agree. Certainly 'cut and paste isn't sufficient', but access to good<br>
legal advice will be unrealistic to many developers, and yet they seem<br>
to me to have as much a right to draft new purportedly open source<br>
licenses as those developers, or organizations, that do have the<br>
resources to get what is assumed to be good-quality legal<br>
consultation. And they have as much a right to have their new licenses<br>
taken seriously (at least at the outset) as those institutions that<br>
have the resources to hire or otherwise retain legal experts (or to<br>
set up processes likely to encourage helpful lawyer feedback). One<br>
might say they nonetheless have no particular right to have their<br>
licenses given equal review by the OSI, which is true, but this then<br>
means that the OSI will be rewarding the represented and punishing the<br>
unrepresented (which is going to approximate "rich and poor"<br>
respectively).<br></blockquote><br></div><div class="gmail_quote">I sympathize a great deal with this concern; this sort of requirement could easily strongly dampen real innovation in the license space, and I would love alternatives that are better in this respect.<br>
<br></div><div class="gmail_quote">If I were going to quibble with this point, I'm not sure that any individual - lawyer or developer - has much right to have their license taken seriously. At this point, I'm inclined to think that only communities of people who have identified a specific problem, and drafted a license expressly to attack that problem, have much right to have their license taken seriously. But I am not deeply attached to that perspective and could probably be persuaded otherwise.<br>
</div><div class="gmail_quote"><div> </div><blockquote class="gmail_quote" style="margin:0 0 0 .8ex;border-left:1px #ccc solid;padding-left:1ex">
Not all lawyers give good advice anyway -- hope I'm not revealing<br>
another guild secret here. :-)<br><div class="im"></div></blockquote><div><br></div><div>Of course :)<br></div><div> </div><blockquote class="gmail_quote" style="margin:0 0 0 .8ex;border-left:1px #ccc solid;padding-left:1ex">
<div class="im">
> Doing a full legal review of all incoming licenses is impractical for<br>
> OSI (for a variety of reasons)<br>
<br>
</div>Unquestionably.<br>
<div class="im"><br>
> but I'd be interested in hearing<br>
> suggestions on what other things might stand in as a proxy for such a<br>
> review.<br>
><br>
> For example, in the past others have suggested that a public community<br>
> process involving lawyers, such as those conducted for<br>
> GPL3/MPL2/CC[2-4]/copyleft-next, would be a useful proxy and something<br>
> that OSI could more objectively measure than "quality".<br>
<br>
</div>I suppose it will necessarily be something the OSI will take into<br>
account (perhaps in some cases in the form of a mistaken<br>
guess). That's unavoidable. I would hope that it is not seen as<br>
necessary to formalize it.<br>
<br>
(Interesting that you mention copyleft-next, given that it is designed<br>
explicitly to discourage lawyers from participating, though of course<br>
some lawyers have been involved. :)<span class="HOEnZb"><font color="#888888"><br></font></span></blockquote><div><br></div><div>I specifically mentioned copyleft-next for exactly that reason- the other processes listed were somewhere between "lawyer-led" and "lawyer-dominated", and I wanted to be clear that processes that were less-lawyer-friendly were within scope. But as copyleft-next has also demonstrated, a transparent, community-driven process that identifies real problems and seeks to remedy them will probably attract lawyers to help out (for better and for worse).<br>
<br>Thanks-<br>Luis<br></div><div> </div><blockquote class="gmail_quote" style="margin:0 0 0 .8ex;border-left:1px #ccc solid;padding-left:1ex"><span class="HOEnZb"><font color="#888888">
- RF<br>
</font></span><div class="HOEnZb"><div class="h5"><br>
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