[CAVO] Definition of "open source software"

Mon Jan 15 22:20:42 UTC 2018

Patrick,

I'm aware of some but not all of those open source references in your note below; thanks for collecting them for us. Like you, we're all for open source! But these aren't the examples I would want for proposed constitutional wording.

I agree with you in principle concerning OSI (or FSF) approval of licenses EXCEPT that the California Constitution shouldn't have specific references to a non-profit whose email website is recently unavailable. Nor to FSF websites. Nor to the private actions decided by such private organizations or their boards.

Suppose the Constitution or federal law said that charitable funds can be given only to "United Way Approved" non-profits? Instead, more reasonably, the IRS is tasked to define the basic requirements for 501(c)(3) corporations (United Way agencies and OSI both qualify!) and to establish appropriate and general regulations for them. 

As for the definition of Open Source that is proposed in the initiative, rest assured that both OSI- and FSF-approved licenses are the only ones that matter nowadays in any practical way, even with that somewhat skimpy definition to describe them. And remember that CAVO itself already proposes GPLv3 for elections software.

Please note the following in the actual text in "Chapter 5:  Open Source Voting Systems" in the elections initiative:

19400.   The Secretary of State shall promulgate regulations to further implement the provisions of this chapter.

http://openvoting.org/ad/e-tas.pdf 

OSI should please feel free to influence those regulations for that proposed government funding, but don't place your organization and its name at a key point in the California Constitution. I don't believe you (yet) qualify for that honor or authority. :-)

/Larry

From: CAVO [mailto:cavo-bounces at lists.opensource.org] On Behalf Of Patrick Masson
Sent: Monday, January 15, 2018 1:22 PM
To: CAVO <cavo at lists.opensource.org>
Subject: Re: [CAVO] Definition of "open source software"

Hi all,

The OSI would expect something like (from our website), "Open source software is software distributed under OSI-approved licenses, guaranteeing that they be freely used, changed, and shared (in modified or unmodified form) by anyone."

The OSI's authority has been referenced in other California departments/agencies/policy etc., see:

AB-668 Voting Modernization Bond Act of 2018.

California State Legislature

September 2, 2017

"(k) 'Open source software or firmware' means software or firmware licensed using a software license approved by the Open Source Initiative."

https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201720180AB668

California Department of Technology

SAM 5300 Definitions

Accessed January 15, 2018

"Open Source Software: Software that includes distribution terms that comply with the following criteria provided by the Open Source Initiative"

https://cdt.ca.gov/security/technical-definitions/

State Administrative Manual (SAM) Section 4819.2

California Department of General Services, INFORMATION TECHNOLOGY (California Department of Technology)

September, 2016

"Open Source Software: Software that includes distribution terms that comply with the following criteria provided by the Open Source Initiative"

https://www.documents.dgs.ca.gov/sam/samprint/new/SAM_Master/SAM_Master_File/Entire_SAM/EntireSAM.pdf

IT Policy: OPEN SOURCE SOFTWARE POLICY (ITPL 10-01 )

Office of the State CIO

January 7, 2010

"Open Source Software: Software that includes distribution terms that comply with the following criteria provided by the Open Source Initiative"

https://cdt.ca.gov/wp-content/uploads/2017/04/ITPL_10-01_OpenSourceSoftware.pdf

If they are interested in similar language from other states' initiatives:

Approved Resolution Concerning Fees for Testing of Open Source Software

New York State Board of Elections

October 16, 2007

The State Board of Elections may elect to waive the fee for examination of voting systems set forth in Section 6209.4(G) if...The vendor submits an application for examination fee waiver including a sworn affidavit stating that the voting system software and documentation are offered under an open source license...(a) The open source license shall meet with the Open Source Definition as set forth by the Open Source Initiative which requires: 

http://www.elections.ny.gov/NYSBOE/hava/Voting_Machines/ProposedResolutionConcerningFeesForTesting.pdf

A Strategy for Openness

New York State CIO, Office for Technology

May, 2008

"Open Source Defined. Open source software (OSS) is software which unlike traditional proprietary software allows anyone to use, read, redistribute and modify the source code without a royalty or other fees. The Open Source Initiative defines ten features which distinguish OSS from other licensing models..."

https://opensource.org/authority

New York State Senate Bill S173A-2013

New York State Assembly

January 9, 2013 

"FOR THE PURPOSES OF THIS SUBSECTION, A PROGRAM SHALL QUALIFY...IF THE CODE FOR SUCH PROGRAM HAS BEEN RELEASED UNDER AN OPEN SOURCE LICENSE RECOGNIZED BY THE OPEN SOURCE INITIATIVE, OR HAS BEEN RELEASED UNDER A FREE SOFTWARE LICENSE RECOGNIZED BY THE FREE SOFTWARE FOUNDATION. (Section 1.2)" 

https://www.nysenate.gov/legislation/bills/2013/S173/amendment/A

On Sat, 2018-01-13 at 14:59 -0800, Lawrence Rosen wrote:

Colleagues:

The following definition is being proposed for the California Constitution in a voter initiative to fund the development of open source election software in this state:

“Open source software” means software actually distributed to the public under software licenses that provide that every licensee is free to make copies of the software or derivative works thereof, to distribute them without payment of royalties or other consideration, and to access and use the complete source code of the software.

Comments?

/Larry

Lawrence Rosen

Rosenlaw ( <http://www.rosenlaw.com/> www.rosenlaw.com) 

3001 King Ranch Rd., Ukiah, CA 95482

Cell: 707-478-8932 

This email is licensed under  <https://creativecommons.org/licenses/by/4.0/> CC-BY-4.0. Please copy freely.  

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