OVPL & "Otherwise Make Available" (was RE: Change ot topic,back to OVPL)

[Chris Zumbrunn]

On Aug 26, 2005, at 12:52 AM, Alex Bligh wrote:

> --On 25 August 2005 20:45 +0100 Alex Bligh <alex at alex.org.uk> wrote:
>
>> 	"Otherwise Make Available" shall, with reference to software, mean
>> 	the use of that software in such a manner that it may be used by
>> 	one or more parties other than You, or (in the course of their
>> 	employment) your employees, whether such use is achieved by means
>> 	of making that software available to those parties over a computer
>> 	network, or otherwise.
>
> Mod based on text suggested per Andrew Wilson off list (which I am 
> taking
> in the spirit of drafting improvement, rather than by way of approval 
> of
> the license):
>
>> "Otherwise Make Available" shall, with reference to software, mean the
>> use of that software in such a manner that it may be used by one or 
>> more
>> parties other than You, or (in the course of their employment) Your
>> employees, or (in the exclusive course of their duties to You) Your
>> contractors, whether such use is achieved by means of making that
>> software available to those parties over a computer network, or 
>> otherwise.
>
> Alex

As I pointed out back in April when the "ASP use" aspect of the OVPL was
last discussed, I don't believe it is clear enough that  "otherwise make
available" includes ASP use. It could for example be interpreted as a 
way of
clarifying that "distribution" includes passively making the software
available for others to "pull" it.

> At per:
> 	http://www.sun.com/cddl/CDDL_why_details.html
> Sun's lawyers say:
> 	Wherever software distribution is mentioned, added the phrase "or
> 	otherwise makes available" to cover passive types of distribution,
> 	such as with ASPs.

Adding a definition for "Otherwise Make Available" will make this
intention more enforceable. But such a definition is tricky. Where do 
you
draw the line?

If I relay my mail through an OVPL licensed SMTP server, does that mean
the software was "Otherwise Made Available" to me?

Chris

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