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Hi all,<br>
<br>
I'd like to pause this discussion for a few days. As everyone knows
and I think agrees, email is poorly suited for this process. The
License Committee has been discussing trying out a different tool,
probably just a simple issue tracker. If y'all could give us a few
days to figure out if we want to try it out with this discussion,
that would be very greatly appreciated.<br>
<br>
Van, if you would prefer we NOT try a tool other than email, please
let me know.<br>
<br>
Thanks,<br>
Pam<br>
<br>
<div class="moz-signature">Pamela Chestek<br>
Chair, License Review Committee<br>
Open Source Initiative</div>
<div class="moz-cite-prefix"><br>
On 8/19/2019 5:09 PM, VanL wrote:<br>
</div>
<blockquote type="cite"
cite="mid:CAFQvZEO92npqZwVp+ohX14PRq0ef3cGHMRaioB9ir7BQnVFTag@mail.gmail.com">
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<div>Hi Josh,</div>
<div><br>
</div>
<div>Looking again, I didn't really address your question
about the "offer an acceptance" language. So here goes:</div>
<div><br>
</div>
<div>License terms such as these are interpreted as contracts.
Contracts require 1) an offer, 2) an acceptance, and 3)
consideration.<br>
</div>
<div><br>
</div>
> ### 2.2. Offer and Acceptance<br>
> This License is automatically offered to every person and
organization. <br>
</div>
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</div>
<div>This establishes that the license is being offered as-is to
every possible licensee. This is the "offer" part of contract
law. <br>
</div>
<div><br>
</div>
<div>But because I don't want to individually sign an agreement
with every possible licensor, I need some way for someone who
wants to use software under this license to show that they
have accepted it. That's the next part:<br>
</div>
<div dir="ltr"><br>
</div>
<div dir="ltr">> You show that you accept this License and
agree to its conditions by taking any action with the Work
that, absent this License, would infringe any intellectual
property right held by Licensor. <br>
</div>
<div dir="ltr"><br>
</div>
<div>This means that if you do something that, absent the
license, you would not have the right to do, we will both
agree to interpret that as you "accepting" the license,
including all of its terms.</div>
<div><br>
</div>
<div>This also establishes the "consideration" - you get
software, I get your compliance with the terms.<br>
</div>
<div dir="ltr"><br>
>### 2.3. Compliance and Remedies<br>
> Any failure to act according to the terms and conditions
of this License places Your use of the Work outside the scope
of the License and infringes the intellectual property rights
of the Licensor. In the event of infringement, the terms and
conditions of this License may be enforced by Licensor under
the intellectual property laws of any jurisdiction to which
You are subject.</div>
<div dir="ltr"><br>
</div>
<div dir="ltr">
<div>This sentence ties the enforceability of the license back
to intellectual property law. IP law has stronger remedies
than contract law, so we want to be able to use IP as a tool
when enforcing the CAL. But note that only the IP owner can
sue under the IP laws. What about everyone else? What about
a Recipient - a user - who wants a copy of the source and
their data?<br>
</div>
<div dir="ltr"><br>
</div>
</div>
<div>> You also agree that either the Licensor or a Recipient
(as an intended third-party beneficiary) may enforce the terms
and conditions of this License against You via specific
performance.</div>
<div><br>
</div>
<div>This calls out to a doctrine in contract law that
recognizes that sometimes third parties, not named in a
contract, also may have a stake in the contract being
enforced. These are "third party beneficiaries." A third party
beneficiary doesn't have all the rights that the IP holder
does. But they can sue, using this clause, for "specific
performance" - a legal term that means "you must comply with
the license terms".<br>
</div>
<div><br>
</div>
<div>Thanks,<br>
</div>
<div>Van<br>
</div>
<br>
</div>
<br>
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