<div dir="ltr"><div dir="ltr">On Tue, Apr 30, 2019 at 6:58 PM Richard Fontana <<a href="mailto:rfontana@redhat.com" target="_blank">rfontana@redhat.com</a>> wrote:<br></div><div dir="ltr"><div class="gmail_quote"><blockquote class="gmail_quote" style="margin:0px 0px 0px 0.8ex;border-left:1px solid rgb(204,204,204);padding-left:1ex">It discriminates against<br>
the class of persons that wish to create re-implementations of APIs,<br>
that wish not to be forced to distribute the source code for such<br>
implementations, and that (if they do distribute the source code) that<br>
wish not to be restricted in terms of the licenses they can use.</blockquote><div><br></div><div>Terms that require modifications to our own software to be shared are viewed very differently than terms that require other things, because sharing modifications achieves the goal of Free Software / Open Source, and sharing modifications to our own software is something that it's fair for us to ask for. Before Open Source came about, we drew a line in the sand about <i>running</i> software for any purpose, etc., and codified that in the licenses that Debian was using when the DFSG was written. That our rules don't have total sympathy for proprietary software developers is necessary. But they have sympathy for everyone else.<br></div><div><br></div><div>What I am finding bothersome about most of the network copyright proposals is that they change the fundamental deal of Free Software / Open Source. No more running for any use, no more sympathy for eveyone but proprietary software makers - there is a new set of evils including, in this case, data hoarders. Approving the network copyright licenses would be a slippery slope to approving a whole family of worse ones and IMO, people would abscond and we would end with FSF being looked to as the arbiter of licenses. Which wouldn't be so bad for the community and FSF, just for OSI. The new generation of leadership at FSF and SFC is pretty cool.</div><div><br></div><div>API copyrights are politically a bad idea for us to stand behind right now, because we don't want them used against us. However, if we do end up being forced to live with API copyrights, we will in turn adopt licenses that require that people who copy our APIs share their software. It's going to be our only defense. The asymmetry of having everyone else share our APIs with impunity while we can share none of theirs would be unworkable for Open Source / Free Software. So, the Supreme Court might fundamentally change Open Source / Free Software. Be warned.</div><div> </div><blockquote class="gmail_quote" style="margin:0px 0px 0px 0.8ex;border-left:1px solid rgb(204,204,204);padding-left:1ex">
Also, the OSI has clarified recently that the purpose of the license<br>
approval process is to "Ensure approved licenses conform to the Open<br>
Source Definition and provide software freedom".</blockquote><div><br></div><blockquote class="gmail_quote" style="margin:0px 0px 0px 0.8ex;border-left:1px solid rgb(204,204,204);padding-left:1ex">And I will say as someone who<br>
was on the board at the time that one of the reasons that language was<br>
used was because of growing concern about "gaming" of the license<br>
review process through literalist or legalistic readings of the OSD.<br></blockquote><div><br></div><div>So, we can do this in one of two ways: we can have a court and legislature and a "living" OSD that is treated like a body of law, have the court interpret it literally to approve licenses and the legislature add to it every time somebody games the process and gets a license by us. Or we can be intelligent interpreters rather than literal ones. We aren't a court or legislature and aren't compelled to act as one.</div><div> </div><blockquote class="gmail_quote" style="margin:0px 0px 0px 0.8ex;border-left:1px solid rgb(204,204,204);padding-left:1ex"> it seems really unlikely that this license --<br>
which is relatively complex, seemingly special-purpose and proposed by<br>
a business entity -- would see any adoption by any other licensors<br>
(perhaps not itself a reason for nonapproval but I think worth<br>
thinking about).</blockquote><div><br></div><div>The danger here is that people see its probable non-use by anyone but Van's customer as a reason to approve it because it won't do much harm. OSI should guard its imprimatur better than that.</div><div> </div><blockquote class="gmail_quote" style="margin:0px 0px 0px 0.8ex;border-left:1px solid rgb(204,204,204);padding-left:1ex">Also I am fairly sure I heard Van say at CopyleftConf<br>
that his client was contemplating using this license as the basis of a<br>
proprietary/copyleft dual-licensing scheme (Van if I misheard that<br>
please correct me). If that's so, then the only likely user of this<br>
license will be using it not in the hope that it will result in more<br>
open source software but rather that it will result in *less* open<br>
source software, and may even strategize to make that the more likely<br>
outcome. See Chris Webber's recent license-discuss posting, where he<br>
points out that "proprietary relicensors" want noncompliance, not<br>
compliance.<br></blockquote><div><br></div><div>If the vendor covenants to keep issuing all of their work as Open Source, they are being paid by people who want proprietary software to make more Open Source. This is not necessarily a bad thing.</div><div><br></div><blockquote class="gmail_quote" style="margin:0px 0px 0px 0.8ex;border-left:1px solid rgb(204,204,204);padding-left:1ex">
I don't think it's frivolous in a litigant argument sense. However, I<br>
question what it could possibly mean to publicly perform an *API*.</blockquote><div><br></div><div>To use it at all.</div><div><br></div><div> Thanks</div><div><br></div><div> Bruce</div></div></div>
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