OVPL - wrap-up of objections

Alex Bligh alex at alex.org.uk
Thu Jul 21 19:53:45 UTC 2005


Larry,

> Certainly you don't mean to suggest that every open source license,
> including the GPL, is unenforceable in the absence of a "correctly
> executed" agreement? Or to suggest that executing open source licenses as
> express contracts is essential for acceptance of open source by companies?
...
> So I hope you will stop confusing the legal advantages of contract
> formation -- a position I have long supported on this list -- with the
> FUD that a "correctly executed agreement" is the only way we have to
> license our copyrights and patents so that licensees will honor the terms
> in commercially important settings.

Thanks. Can I ask a clarificatory question?

Without "express[ing any] position on the basic model of the OVPL with its
mandatory license by the contributor to the ID" ( :-) ), do you agree that
in principle, the desirability (or otherwise) of framing a license in terms
of a contract is unaffected by the addition to a reciprocal license of a
well-framed conditional license-back to the ID (as we are attempting in the
OVPL).

IE in your view, is the argument as to contract vs. bare license is wholly
orthogonal to license-back to ID debate?

Alex



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