<div dir="ltr"><br><div class="gmail_extra"><br><div class="gmail_quote">On Mon, Oct 23, 2017 at 1:27 PM, Kyle Mitchell <span dir="ltr"><<a href="mailto:kyle@kemitchell.com" target="_blank">kyle@kemitchell.com</a>></span> wrote:<br><blockquote class="gmail_quote" style="margin:0 0 0 .8ex;border-left:1px #ccc solid;padding-left:1ex"><span class=""><br></span>These are contributors who identify strongly, on<br>
a personal level, with "open source". People for whom "open<br>
source" rings mostly in the kind of collaborative practices,<br>
governance concerns, and social values <br></blockquote><div><br></div><div>Which is unsettling because it allows them to get rid of the nasty freedom part. There has been an effort to recast Open Source as the "open source development paradigm". Which doesn't really exist. There is an open development paradigm and there is Open Source, and one is not the other nor is one necessary for the other. If OSI is being seduced into that idea, it's a mistake.</div><div><br></div><blockquote class="gmail_quote" style="margin:0 0 0 .8ex;border-left:1px #ccc solid;padding-left:1ex">Whatever happens, OSI shouldn't talk past those whose views don't fit on that line. There are more than a few of them. Many are doing vitally important work right now.<br></blockquote><div><br></div><div>Au contraire. OSI exists to draw a line in the sand, clearly define it, promote that you should do things that way and make it clear what is, and what is not that way, and nurture the development community that works in the specific way we stand for. Lots of people do great work and we can appreciate it, but it's not OSI's job to be inclusive of it.</div><div><br></div><blockquote class="gmail_quote" style="margin:0 0 0 .8ex;border-left:1px #ccc solid;padding-left:1ex">If OSI measures need and community sentiment by volume, like a vote by applause at a battle of the bands, it will always hear consumers' preference louder than maintainers'. Software itself, especially with permissive Open Source<br>
terms, fairly well guarantees the former will outnumber the latter. And of course users would, as a rule, rather have the most permissive, legally tenable license they can get.<br></blockquote><div><br></div><div>Many years ago a "summit" of Open Source using companies was held in which they issued their consensus statement that the developer community should only use permissive licenses. A fellow named Christopher Blizzard responded to this with an essay entitled "Every little girl wants a pony". I no longer have a copy - can anyone find it and the statement that elicited it?</div><div><br></div><div>The mission of Open Source developers is not to be a vast pool of creators providing corporate welfare for the world's richest companies, functioning as their unpaid employees. We have not set out to facilitate the development of proprietary software with our work, but to create more Open Source. To the extent that the proprietary world participates, they do so under our rules, not the other way around. Or they call it something other than "Open Source".</div><div><br></div><div>Thus, it is within the purview of OSI to recognize that every little girl wants a pony, and to say "no" when appropriate in the interest of the developers.</div><div><br></div><blockquote class="gmail_quote" style="margin:0 0 0 .8ex;border-left:1px #ccc solid;padding-left:1ex">The number one requested feature is setting _negative_ rules instead. Rules like "no GPL", or "anything but copyleft".<br></blockquote><div><br></div><div>I suspect this request is coming from parties that can afford Palamida or Black Duck but are unwilling to go to the expense. The corporations need to have a compliance effort. OSI did not set out to absolve them of that responsibility.</div><div><br></div><blockquote class="gmail_quote" style="margin:0 0 0 .8ex;border-left:1px #ccc solid;padding-left:1ex"><br>
<a href="http://lillicense.org/" rel="noreferrer" target="_blank">http://lillicense.org/</a></blockquote><div><br></div><div>The less-informed approach legal language with the firm belief that they could improve upon it if only they were allowed to state it simply. But this "cry in the dark" ends up duplicating the Apache license in its effect, and the Apache license is brief, well-understood and not baffling in its legal language. OSI's major responsibility in regard to this sort of effort is to explain why it ultimately harms the developer community.</div><div><br></div><blockquote class="gmail_quote" style="margin:0 0 0 .8ex;border-left:1px #ccc solid;padding-left:1ex">I wouldn't underestimate how alienating and frustrating is legal English to minds not yet ruined for it.</blockquote><div><br></div><div>As you can see from the wording, when I wrote the OSD I was a systems programmer at Pixar who worked on Linux for a hobby. I had little understanding of how to properly phrase it, or it might have been written as a list of permissions rather than a list of prohibitions. Any development of legal knowledge that followed that was out of necessity.</div><div><br></div><div>OSI (and FSF before it) did not create the framework of intellectual property law, indeed we are more prisoners of it than anything else. The alienation and frustration arises from the fact that the system was not built to accommodate us, but to thwart us. It literally exists to make copying a tort.</div><div><br></div><div>It is the unfortunate truth that the words of the license are only a portion of what needs to be parsed. There is the context of law and case law. Thus, we arrive at things like an exhaustion doctrine that applies to the BSD license in regard to patents, but is completely unstated within the license.</div><div><br></div><div>Unfortunately if a developer believes they understand a plain-language license, they are probably understanding less than half of it due to the lack of context. We can warn them, or we can train them. We might harm them by doing neither.</div><div><br></div><blockquote class="gmail_quote" style="margin:0 0 0 .8ex;border-left:1px #ccc solid;padding-left:1ex"><br>
There is still at least one lawyer, somewhere, doing the analysis.</blockquote><div><br></div><div>We hope. Many times I have asked a company what their Open Source strategy is, and the reply has been something like "we run Black Duck". My experience with Black Duck and its ilk is that they can't provide the necessary advice on their own.</div><div><br></div><div> Thanks</div><div><br></div><div> Bruce</div></div></div></div>