[License-discuss] Ethical open source licensing - Persona non Grata Preamble

McCoy Smith mccoy at lexpan.law
Wed Feb 26 17:58:29 UTC 2020

>>-----Original Message-----
>>From: License-discuss <license-discuss-bounces at lists.opensource.org> On
Behalf Of Thorsten Glaser
>>Sent: Wednesday, February 26, 2020 8:52 AM
>>To: license-discuss at lists.opensource.org
>>Subject: Re: [License-discuss] Ethical open source licensing - Persona non
Grata Preamble

>>John Cowan dixit:

>>>>Social justice clauses /Does Not/ belong in licenses, in any form.
>>>I agree, for reasons stated.

>>OSD #11?

>>(just kidding, a common practice used by the approvers will suffice)

OSD 5 & 6 may suffice here, although it's an interesting interpretive
question as to whether the various ideas floating around about license
preamble statements of principals*, or use of ethical marks, or
ethical/non-ethical notice requirements would violate those provisions.
There's a case to be made that even a call-out -- that is not a condition of
the license -- that specified uses, or users, are bad, or shouldn't use the
software, violates OSD 5 and/or 6.

*I don't find the reference to the software patent statements in GPLv2 and
GPLv3 to be compelling antecedents for the proposed sorts of preambles, as
that is directed to actions outside of exercise of the license rights to the
software.  It does not bar software patent holders from exercising GPL
rights, nor does it shame those entities from pursuing patents on software. 

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