[License-discuss] FAQ entry on CLAs

Allison Randal allison at opensource.org
Tue Jan 20 17:50:21 UTC 2015


On 01/18/2015 11:14 AM, Engel Nyst wrote:
> The relevant aspect here, seems to me, is that OSI's criteria for open
> source licenses *include* whether the *license used inbound* is giving
> rights to anyone receiving the software, as set out in the OSD.
> 
> Anyone includes the "project", a legal entity behind the project, the
> interest groups around a project, just like it includes individual
> users, recipients of the software from the original developer or
> project, etc.
> 
> OSI criteria do this by OSD #5, #6 and #7.

It is true that for the rights required by the OSD, those rights are
granted to anyone who receives the software. OSD #3 is an even greater
protector of inbound=outbound, since it requires that any open source
license permit modification with redistribution under the same license.

But, these facts don't guarantee that all open source licenses are
appropriate for use as inbound=outbound, they only demonstrate that the
licenses have *some* characteristics that fit with inbound=outbound.

I wrote up an example of an open source license that has different legal
effects when used inbound and outbound, but I've deleted it to avoid
taking this thread down a rabbit hole.

The key point is that inbound=outbound is a contribution policy, a
specific use of an open source license within a particular context. OSI
reviews the text of licenses, it doesn't review contribution policies.

Allison



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