Novell Cooperative License version 1.0

[John Cowan]

Bruce Perens wrote:

> Here's the draft Novell license. Please note the arbitration and attorney's
> cost issue. I'd like to hear arguments about its fairness or lack therof.

In effect these are both choice-of-law issues.  OSI has accepted several
licenses, such as the QPL, which specify the law to be applied.  AAA arbitration
is not known for being unfair or unreliable, and it is usually quicker and
cheaper than ordinary legal process, which is why commercial contracts
often specify it.

The question of who pays the lawyers is also essentially choice-of-law.  For
example, in Britain, loser pays for both; in the U.S. each party pays his own.
There are arguments on both sides.  I think it is fair for a license to prescribe
either.
 
>    2. You may distribute the Distributions in source code form only under the
>    NCL, and you may distribute the Distributions in binary code form only under
>    the NCL or a license agreement containing a prominent notice informing
>    recipients how to obtain the Distributions in source code form under the NCL;
>    3. If the Distributions contain derivative works created by you, you
>    must place a Notice in the source code of the derivative works stating that
>    your derivative works are being made available under the NCL;

I *think* this means that code licensed by the BSD (or similarly non-restrictive)
license can be included, as long as the whole derived work is licensed
under the NCL.  A statement to that effect would be useful.

> The contents of this file are subject to the Novell Cooperative License
> 1.0 (the "Agreement"); you may not use or distribute this file except in
> compliance with the Agreement.

I object to the word "use" in this sentence, since a copyright license may not
restrict use.  I suggest the language "modify or distribute" instead.

-- 

John Cowan	http://www.reutershealth.com		jcowan at reutershealth.com
Schlingt dreifach einen Kreis vom dies! / Schliess eurer Aug vor heiliger Schau
Den er genoss vom Honig-Tau / Und trank die Milch vom Paradies.
		-- Coleridge (tr. Politzer)