[License-discuss] The per se license constructor

Tzeng, Nigel H. Nigel.Tzeng at jhuapl.edu
Sun Mar 17 14:04:20 UTC 2019

Again, speaking only for myself, but I find it interesting that the need for legal review is considered so important but when a practicing IP lawyer in a specific domain claims that certain license constructs are required to meet the required regulations for a governmental agency that laypersons can simply say “Nope” and that’s pretty much the end of that.

I guess that ship has sailed and I should simply just drop it in the interest of harmony but if there is soul searching to be done by the OSI then it would be wise to consider why it appears that the current state of affairs on license approval is perceived to be unfair.

From: Bruce Perens <bruce at perens.com<mailto:bruce at perens.com>>
Date: Friday, Mar 15, 2019, 4:32 PM
To: license-discuss at lists.opensource.org <license-discuss at lists.opensource.org<mailto:license-discuss at lists.opensource.org>>
Subject: [License-discuss] The per se license constructor

While we are discussing license approval, this morning's submission had no legal review, the excuse being that it was a mashup of what was presumably the work of unidentified lawyers.

There is great danger in using a license that has had no legal review, since you have little idea of how it will work in court. The per se license constructor transmits that danger to others who use their license.

I thus feel all such things should be rejected, although the reason is entirely outside of the OSD.


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