APSL 1.2

[Forrest J Cavalier III]

Ron Dumont <rond at apple.com> wrote:

> Hello,
> 
> Just to clarify.  The APSL 1.2 actually makes an *exception* for Private 
> Use (as well as internal R&D); i.e. Private Use is not considered a 
> "Deployment" and therefore such use is exempt from the requirements 
> attached to Covered Code that is Deployed.
> 
>  From the APSL 1.2 definitions:
> 
> "1.4 'Deploy' means to use, sublicense or distribute Covered Code other 
> than for Your internal research and development (R&D) and/or Personal 
> Use, and includes without limitation, any and all internal use or 
> distribution of Covered Code within Your business or organization except 
> for R&D use and/or Personal Use, as well as direct or indirect 
> sublicensing or distribution of Covered Code by You to any third party 
> in any form or manner."
> 
> and
> 
> "1.8 'Personal Use' means use of Covered Code by an individual solely 
> for his or her personal, private and non-commercial purposes. An 
> individual's use of Covered Code in his or her capacity as an officer, 
> employee, member,  independent contractor or agent of a corporation, 
> business or organization (commercial or non-commercial) does not qualify 
> as Personal Use."
> 

It appears to me that these fail OSD #5.

    "The license must not discriminate against any person or group of
    persons."

If the license were split into two, one for commercial, one
for personal, (keeping the applicable conditions), would both still be
OSD compliant?  I suppose that the OSI board decided yes.  

Since they are in the same license, OSD #5 would seem to prohibit
treating personal and commercial users differently.  Can the
board explain?

Did anyone from the board, (ESR maybe) try to convince Apple
that this condition was just shooting themselves
in the foot? It will decrease the likelihood of use by
commercial developers. 

Forrest J. Cavalier III, Mib Software  Voice 570-992-8824 

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