[License-discuss] Data portability as an obligation under an open source license

Alexander Terekhov herr.alter at gmail.com
Sat Jul 13 10:58:06 UTC 2019


stumbled over at

https://medium.com/h-o-l-o/some-legal-aspects-of-the-cryptographic-autonomy-license-cal-c95e18c90388

"The CAL addresses this issue by explicitly dealing with development rights
and user rights. Unlike other Open Source Licenses, the CAL makes the use
and distribution of the software conditional ..."

The thing is that 17 USC 117 makes the act of running/using software
unrestricted and 17 USC 109 also severely impedes ability to control
distribution as far as copyright is concerned. So, you'll have to stick to
contractual covenants and fight against
https://en.wikipedia.org/wiki/Efficient_breach ... good luck with that :)

Am Sa., 13. Juli 2019 um 00:40 Uhr schrieb VanL <van.lindberg at gmail.com>:

> Hi Russell,
>
> Thank you! I appreciate your patient responses to my various questions.
> This was very helpful for me in helping pin down your objection. While we
> may not agree on all the points, it is important for me to understand each
> objection to the CAL so as to see if I can respond to it in some way.
>
> Based on what I am reading, you believe that the AGPL is incompatible with
> FLOSS values, so a license that attempts to 'be a better AGPL' (among other
> things), you also consider incompatible with FLOSS values. This is a
> reasonable and logical point of view, and I appreciate you expressing it.
>
> Unfortunately, in this specific case, it seems there is a fundamental
> disagreement that cannot be resolved through modified drafting. While I
> have various reservations about the AGPL, I do not agree that the AGPL is
> inconsistent with FLOSS values, nor with the right of authors to choose
> this particular tradeoff in the copyleft-to-permissive spectrum.
>
> Thanks,
> Van
>
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>
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