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We don't think we can get anything ready in time to review the CAL
license, so unfortunately we shall carry on with email.<br>
<br>
Thanks,<br>
<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 7:17 PM, Pamela Chestek wrote:<br>
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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>
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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>
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</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>
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</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>
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</div>
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<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>
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<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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