<div dir="ltr"><div dir="ltr"><div>It seems that part of this text has been borrowed from the Unlicense:</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">In jurisdictions that recognize copyright laws, the author or authors<br>of this software dedicate any and all copyright interest in the<br>software to the public domain. We make this dedication for the benefit<br>of the public at large and to the detriment of our heirs and<br>successors.</blockquote><div> </div></div><div>The
proposed PBZC uses this section almost verbatim, with the change of
"the software" to "This Software" and the insertion of "subject to the
provisions above":</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">In jurisdictions that recognize copyright laws, the author or authors<br>of this software dedicate any and all copyright interest in This<br>Software to the public domain subject to the provisions above.<br>We make this dedication for the benefit of the public at large and to <br>the detriment of our heirs and successors.</blockquote><div><br></div><div>Much
has been written about the problems of the Unlicense, with its arguably
contradictory combination of a public domain dedication and a copyright
license, a problem that the PBZC repeats. The Unlicense is not a particularly well-drafted license or PD
dedication, and should not serve as a model for more licenses. That it
was eventually OSI-approved has more to do with its widespread use in
some circles. The legacy-approval discussions can be found in the list
archives starting in March 2020 [1] and then continue for multiple
months. In one of those messages[2], I summarize my concerns with the
Unlicense and provide some links to the even-earlier discussion when the
Unlicense was first submitted in 2012.</div><div><br></div><div>I would be very happy if new licenses/dedications/devices in the "PD dedication" or "PD equivalent" category make use of this wealth of prior discussions (well over a decade) and avoid running into the same problems.</div><div><br></div><div>This general concern about this kind of device is in addition to my reservation about trying to make that PD dedication *conditional*, which seems to contradict itself.</div><div><br></div><div>Another oddity is the narrow definition of "Commercial Open Source Software", and the potential for this license to be interpreted in a way that it is limited to use in the "general public benefit", which would be close to an OSD#6 violation. The provision (1) may be a meaningless statement of the license author's intention, but if it's actually a license condition, then the PBZC is more akin to a non open-source "Ethical Source" license:</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">Anyone is free to copy, modify, publish, use, compile, sell, or<br>distribute this software, either in source code form or as a compiled<br>binary, for any purpose, commercial or non-commercial, and by any<br>means provided:<br><br>1) This Software or Derivative Software is intended to inure to the<br> General Public Benefit,[…]</blockquote><div><br></div><div>So in summary, I am confused, and I'm not 100% confident that this is an OSD-compliant license that provides full Software Freedom. I *think* this device is trying to be a "copyleft ethical public domain dedication", which sounds impossible to achieve.</div><div><br></div><div>[1]: <a href="https://lists.opensource.org/pipermail/license-review_lists.opensource.org/2020-March/thread.html#4795">https://lists.opensource.org/pipermail/license-review_lists.opensource.org/2020-March/thread.html#4795</a></div><div>[2]: <a href="https://lists.opensource.org/pipermail/license-review_lists.opensource.org/2020-March/004799.html">https://lists.opensource.org/pipermail/license-review_lists.opensource.org/2020-March/004799.html</a></div></div>