AW: For Approval: German Free Software License

Axel Metzger metzger at mpipriv-hh.mpg.de
Wed Nov 24 08:50:43 UTC 2004


Hello Bernhard,

Bernhard Fastenrath wrote:

>This allows the d-fsl.org license board to change the terms of
>the license in any way they desire, even in a way that is no
>longer compliant with the OSI definition of open source software,
>which should be sufficient to make the license unacceptable for
>the OSI.
>
>This clause is also very likely unacceptable as both the licensor and
>the licensee give up control of the content of their contract.
>
>To leave the interpretation of 'required and reasonable' to a court
>seems to overstrain the court as these terms are subject to
>interpretation.

Please see also my long comment on this point in the answer to Chuck Swiger.

There is one substantial new point in your remark. You are suggesting that a
license cannot be considered as an Open Source License if one is not sure
about the exact terms of future license versions. I do not agree to that
point of view. If a new license version would not meet the requirements of
the OSI Definition then this new license version should not be certified. I
do not see why license version 1 should be infected by a (misleadingly!!)
presumed non-compliance of license version 2. BTW: We will make it clear in
the statute of the license board that every new license version will meet the
requirements of the OSI definition.

Best regards

Axel



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