license-ish vs. Bill of Rights-ish

[Steve Mallett]

> > All philosophy........
> > If you were writing the GPL today...
> >
> > 1) having seen a big software company (Microsoft) fight off legal
> > battles with the US Gov't [let alone you, or the FSF on your behalf],
> > and,
>
> Unfair comparison.  The DoJ is susceptible to political maneuverings.
> It's currently seized defeat from the jaws of victory.  Microsoft didn't
> win the law, they won the politics.

Hmm.  Perhaps.  There will be pressure points (outside of the law) regardless 
of who is fighting.   Who would be a 'fair' comparison?

>
> > 2) having seen other companies recently heed pressure from people
> > involved with this list to bring their activies in line with licensed
> > software they were working from/with and under the intent of
> > 'opensource',
>
> Point to specific examples.

Those are the examples.  I knew you'd remember them.  8^)

>
> There are two general situations we've seen listed here:
>
>   - License noncompliance (particularly GPL).
>
>   - Confusing or misleading use of the term "open source" (which is not
>     a registered trademark for the purposes of discussion).
>
> In the first case, the legal feasability of crossing licensing terms is
> seen as low.  Even by Microsoft (I've direct experience with this).

What do you mean by this?


> > 2) because it is better understood it is picked as the preferred
> >    license for software, thus increasing the breadth of people
> >    knowledgable in its intent, etc etc,
>
> Positive feedback.  Yes.
>
> > 3) clear language and legalese are both open to interpretation. Yet
> >    isn't it better for all to understand the license's intent rather
> >    than write it in strict legal terms which are confusing at the best
> >    of times?
>
> These aren't mutually exclusive propositions.  It's possible to write
> language that's both clear and binding (an opinion, nonlegal).  I
> believe that in software, law, and accounting, transparancy is an
> extremely valuable, and too often underappreciated, characteristic.

They aren't mutually exclusive in theory, but seem to be in practical use.

-- 
Steve Mallett | Stable, Open-Source Apps 
steve at opensourcedirectory.com | http://OSDir.org 
webmaster at opensource.org
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"Non-cooperation with evil is as much a duty as cooperation with good."
        -- Mohandas Gandhi
	





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