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<div class="moz-cite-prefix">I meant to comment on the name:</div>
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<div class="moz-cite-prefix">On 26/12/20 11:36 pm, Andrew Nassief
wrote (in reply to McCoy Smith):</div>
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<div dir="ltr">The only other inquiry you have is that OIN may
accidentally suggest affiliation with Open Innovation Network.
The term open innovation is used alot in technology and the Open
Innovation Network is not considered an open source license. I
was originally going to be using OIL as an acronym, but I think
it may present unwarranted liabilities making an acronym for a
license after a commodity. Also I was going to adapt OINN, but I
didn't see a need to have two Ns. Since there are actually no
license agreements using OIN as an acronym, I still think it
should be fine. The Open Innovation Network acquires patents and
licenses them as royalty free as long as people who use them
don't agree to make patents against Linux Systems (See <a
href="http://xml.coverpages.org/OIN-Announce.html"
moz-do-not-send="true">http://xml.coverpages.org/OIN-Announce.html</a>).
If we were going to be using the same logic on acronyms one can
say that the COPL license might have people confused w/
Concurrency Oriented Programming Languages or that NTP may be
affiliated with New Trade Policy or India's New Telecom Policy
or Nordic Innovation's NTP program. Outside of specific license
acronyms like ZLIB, the same can be said about other licenses.
Since OIN isn't an open source license identifier currently, I
still want to proceed with it as an acronym and think for
simplicity's sake it should be fine for now.<br>
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<p>Given the proximity of OIN's work to open source generally, I'd
suggest that there's a real problem here that doesn't exist in the
other examples. In the context of open-source licensing, it would
seem a surprising fact that "the OIN license" had nothing to do
with OIN. The other examples wouldn't be surprising in the same
way because they aren't organisations working solely or primarily
on a major problem for open source software.</p>
<p>I'd suggest that effort expended arguing for sustaining a
confusing name might better be spent finding another. There's any
amount of room...</p>
<ul>
<li>You could adopt the German style: OpInLi.</li>
<li>You could use minimally-identifying consonants: OInL, although
this still risks confusion with OIN.<br>
</li>
<li>You could be clearer about your purpose: The safety-promoting
open innovation license, although the acronym may not appeal.</li>
<li>Etc.</li>
</ul>
<p>- Roland</p>
<p><br>
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<div dir="ltr" class="gmail_attr">On Sat, Dec 26, 2020 at 10:02
AM McCoy Smith <a class="moz-txt-link-rfc2396E" href="mailto:mccoy@lexpan.law"><mccoy@lexpan.law></a> wrote:<br>
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<p class="MsoNormal">This one probably needs some careful
legal and grammatical review as it is very awkwardly
drafted and potentially confusing/legally ambiguous. Its
current draft is probably not approvable.</p>
<p class="MsoNormal">The grant itself is drafted in a way
that could be read to restrict the license to only
commercial uses, which obviously would violate the OSD.</p>
<p class="MsoNormal">The context statement could also be
read as a legally binding restriction on the license
grant (the use of “agree” is mainly the problem),
although it seems the intent is *<b>not</b>* to have
those statements to be legally binding but instead
merely suggestions. I’m not sure the language used
accomplishes that goal.</p>
<p class="MsoNormal">The interesting issue this license
raises is whether legally non-binding statements that
would, if legally binding, violate the OSD, can
nevertheless satisfy the OSD. I tend to think if they
are drafted in a way that they are unambiguously
non-legally binding, they probably would be, but it does
present an interesting test of the OSD and I suspect
once a license of that sort is approved, you will likely
have many submissions of licenses with non-legally
binding statements of ethical principles following.</p>
<p class="MsoNormal"> </p>
<p class="MsoNormal">I’d also suggest the use of “OIN” as
the shorthand name of the license is likely a problem
and it would likely suggest an affiliation with the Open
Invention Network, which I’m pretty sure this license
isn’t.</p>
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<p class="MsoNormal"><b>From:</b> License-review
<<a
href="mailto:license-review-bounces@lists.opensource.org"
target="_blank" moz-do-not-send="true">license-review-bounces@lists.opensource.org</a>>
<b>On Behalf Of </b>Andrew Nassief<br>
<b>Sent:</b> Friday, December 25, 2020 4:50 PM<br>
<b>To:</b> <a
href="mailto:license-review@lists.opensource.org"
target="_blank" moz-do-not-send="true">license-review@lists.opensource.org</a><br>
<b>Subject:</b> [License-review] Approval: OIN
License (Open Innovation License)</p>
</div>
</div>
<p class="MsoNormal"> </p>
<div>
<div>
<p class="MsoNormal">Hi, I would like to submit my
license for approval. The LICENSE.md file can be
seen on <a
href="https://github.com/StarkDrones/OIN/blob/main/LICENSE.md"
target="_blank" moz-do-not-send="true">GitHub</a>
with its available markdown. For sake of
simplicity, here is the raw text of the license:</p>
</div>
<div>
<h2><strong><span
style="font-family:"Calibri",sans-serif">Released
under the Open Innovation License</span></strong></h2>
<p>Copyright © // Insert information of license
holder</p>
<p><em><span
style="font-family:"Calibri",sans-serif">Version
1, 10th November 2020</span></em></p>
<p><em><span
style="font-family:"Calibri",sans-serif">Copyright
© 2020 Stark Drones Corporation</span></em><br>
<em><span
style="font-family:"Calibri",sans-serif">Copyright
© 2020 Andrew Magdy Kamal</span></em></p>
<p>This project is licensed under the <em><span
style="font-family:"Calibri",sans-serif">Open
Innovation License</span></em>. This means any
code, file, diagrams, data format, or other
innovation containing this license within it can
be copied, modified, redistributed, published, or
even used for commercial purposes within the
context of this license.</p>
<h5>Any code, file, diagrams, data format, or other
innovation containing this license is understood
to be fully "AS IS", no claims are made in regards
to safety, security, warranty, usability, or other
form of merchantability and market-readiness. In
no events are copyright holders, authors, or
publishers are to be held liable for any claims,
damage or results from usage of what have been
licensed under this license.</h5>
<p>The context of this license includes: Keeping
this original license text verbatim and permissive
notice, as well as the copyright notice included
in any redistribution of said project. Project is
defined as what is using this license. For
purposes of context, the copyright notice above
version and year is meant to be modified for
whomsoever publishes or releases "any code, file,
diagrams, data format, or other innovation", so
that they can include their information. After
modifying, the comment saying "// Insert
information of license holder" which starts with
// can be removed. This current paragraph however,
will remain in-tact.</p>
<p>Anybody who releases software under the "Open
Innovation License" agrees to at goodwill, build
or release technology for the betterment of
humanity not meant with the intention to harm a
human being. They agree to a prima facie moral
duty through consequential deontology to
understand that technology should be within the
concept of moral good or outcomes that are morally
right and/or ethical. They agree at goodwill to
promote the advancement of humanity and
civilization as a whole. They agree to a sense of
adventurement, edification, and the expansion of
the human mind.</p>
<p>Said agreement which is within the last paragraph
prior to this sentence is meant to be taken as a
general consensus, but not legally enforceable.
Again for context, the last paragraph which starts
with "Anybody" and ends with "human mind" minus
quotations, is outside of the boundaries of being
legally enforceable and within the duties of
oneselve's actions. The rest of the license which
includes the copyright notice and its context is
within a legally enforceable context. For
secondary context, the rest of the license refers
to anything outside of that said paragraph.</p>
<p>____</p>
<p><em><span
style="font-family:"Calibri",sans-serif">Rationale:</span></em></p>
<p>I wanted to release this license for a variety of
different reasons. Infact, I made many posts in
regards to why this license is unique and
valuable, and found many developers willing to
adapt this license through small innovation
challenges. The license was made on the basis of
promoting a mission statement on ethical
technology within the license as well as not being
specific to only software i.e. files, diagrams,
data format or any other innovation. </p>
<p>We also wanted to make sure that the license is
adaptable. Many open source licenses require you
to put tons of header files for compliance. We
wanted to make a license that just requires you to
contain the license file in your directory. While
many other open source licenses also do that or
follow in similar footsteps, we weren't able to
find one that met all these unique qualities.</p>
<p>Currently, a big inspiration for this license was
the idea of promoting free and open software as
well as a mission statement on ethical
technologies. We found that many of the big tech
companies that are hailed as heroes of open source
or doing open source initiatives, built
technologies that are harmful to human activity. A
technically non-legally enforceable mission
statement within an enforceable open source
license was the way to go. We also made sure to go
out of our way to promote the ideals of open
source and free and redistributive software.</p>
<p><em><span
style="font-family:"Calibri",sans-serif">Distinguish:</span></em></p>
<p>I looked at a variety of different open source
licenses. The standard being MIT, then BSD+Patent,
ZLib, CDDL, CPAL, CPL, CAL, BSL, and the AFL
license. I feel like MIT, ZLIB, and the Boost
licenses focus on redistribution and code. Those
are the standards. The open patent licenses and
other licenses focus on derived original work.
However, none of them tried going to the same
extent I wanted in terms of being specific in
regards to data formats or general consensus and
mission. I believe this is an important thing to
take into account.</p>
<p><em><span
style="font-family:"Calibri",sans-serif">Legal
review:</span></em></p>
<p>Currently I have submitted this to SPDX as well
for review through their GitHub/Website. However,
the review time to get approval and receive SPDX
identifiers can be many months. I submitted in
November and decided to submit to OSI while I
wait. As for reviewing the context of language
myself and actual legal review, I have thought out
reviews through my own legal council and self
judgement as a researcher familiar with these
types of languages.</p>
<p><em><span
style="font-family:"Calibri",sans-serif">Proliferation
category:</span></em> </p>
<p>I don't necessarily need to be in a Proliferation
category as of now, as many of the licenses on
your site are not in a category. However, I would
eventually want to get into the <i>Licenses that
are popular and widely used or with strong
communities </i>category.</p>
</div>
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-- <br>
<div dir="ltr" class="gmail_signature">Andrew Magdy Kamal<br>
<a href="http://andsocialrew.wall.fm" target="_blank"
moz-do-not-send="true">http://andsocialrew.wall.fm</a></div>
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