[License-discuss] The per se license constructor

Henrik Ingo henrik.ingo at avoinelama.fi
Sat Mar 16 20:10:48 UTC 2019

It's true that drafting by a lawyer is no guarantee of quality, but I agree
with Bruce that writing a legal license *for others to use* is bordering
legal advice. It's therefore a necessary minimum requirement.

I don't see an issue with barrier to entry. The OSI already provides an
ample menu of approved licenses you can use at no cost. There's no reason
why approving new licenses should be zero cost, it certainly isn't for the
OSI! Other FOSS foundations also provide high quality pro bono legal
advice, it would be clearer if OSI isn't both the prosecutor (or public
defender, in Bruce's words) and judge.


On Sat, Mar 16, 2019 at 12:30 AM Smith, McCoy <mccoy.smith at intel.com> wrote:

> *>>From:* License-discuss [mailto:
> license-discuss-bounces at lists.opensource.org] *On Behalf Of *Bruce Perens
> *>>Sent:* Friday, March 15, 2019 1:31 PM
> *>>To:* license-discuss at lists.opensource.org
> *>>Subject:* [License-discuss] The per se license constructor
> >>I thus feel all such things should be rejected, although the reason is
> entirely outside of the OSD.
> At the risk of arguing against my own interest (I’m a lawyer), requiring a
> submitter to retain a lawyer in license drafting and/or review is a
> potential barrier to entry (lawyers being expensive) and could come across
> as the process being taken over by lawyers (and possibly even a limited
> group of lawyers).  I’m not sure that helps with the perception issues
> other are expressing in threads the past few days
> Drafting or review by a lawyer is no guarantee of quality, and I’d submit
> that drafting and review by a non-lawyer is not a guarantee of non-quality
> (pardon the triple negative).
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henrik.ingo at avoinelama.fi
+358-40-5697354        skype: henrik.ingo            irc: hingo

My LinkedIn profile: http://fi.linkedin.com/pub/henrik-ingo/3/232/8a7
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