[License-discuss] Request Discussion Pre-Reviews For New Licenses (chewkeanho-rlos, chewkeanho-cos, chewkeanho-gpos)

Tue Oct 1 17:28:01 UTC 2024

The word "SHALL" must not be used in a license. Please replace all
occurrences of "SHALL" with "MUST" and see
https://www.plainlanguage.gov/guidelines/conversational/shall-and-must/ for
the reasons you must do so.

I am assuming you are not a legal professional, I think one would not have
missed that issue by now.

In my own license drafting, I am very careful not to propose that anyone
use the text until my own lawyer has revised it for legal correctness.
Please see 1.6 at https://perens.com/static/DEVELOPMENT_LICENSE.txt for the
disclaimer I apply, which also states why it is a bad idea for a
non-legal-professional to inflict a license upon the Open Source developers.

I was expert witness in the appeal of one of the first Open Source license
cases, which resulted from Larry Wall drafting the Artistic License 1.0
without the knowledge of a legal professional, resulting in the lower court
judge parsing it as a simple dedication to the public domain. The lawyer I
worked with was the dean of law at a big college. We, and the court, all
spent a lot of time fixing something we would not have had to fix had Larry
used a lawyer. In his defense: no lawyer would help us draft licenses at
the time, indeed few would talk with us at all and many of those only in
anger. But that is different today.

You should also not assume that OSI or this mailing list is your legal
review. They aren't your lawyer and a good many lawyers do not participate
in this activity due to liability and other issues of giving legal advice
to people they aren't contracted to.

    Thanks

    Bruce

On Mon, Sep 30, 2024, 06:44 (Holloway) Chew, Kean Ho via License-discuss <
license-discuss at lists.opensource.org> wrote:

> Hi all,
>
> Wish you a lovely day. Complying to
> https://opensource.org/licenses/review-process process, I wish to invite
> everyone here to discuss and pre-review my newly drafted open-source
> licenses not just for software but also general intellectual properties
> usage before submitting to license-review mailing list.
>
> The main goal is to create a new set of license frameworks which does not
> require issuing multiple outbound licenses (e.g. Apache 2.0 for software,
> CC-BY-ND for images, CC-BY-SA for video, ...) for a single project
> repository and picked up the latest updates in the market implementations.
>
> What was mainly updated:
>
>    1. Changed Software to Product so that the license can be expanded to
>    non-software product licensing usage (e.g. graphics, video, manufacturing
>    design, audio, etc) without needing to spin multiple outbound licenses; AND
>    2. Added license assignment, ratification, and tenure section to
>    specify when and how is the license applied; AND
>    3. Added version controlled clauses for which version shall be in
>    effect by default; AND
>    4. Added artificial intelligence training dataset usage clauses; AND
>    5. Added Sensitive Data warranty and liability coverage; AND
>    6. Added global vendors (e.g. datacenter) Sensitive Data limitation of
>    liability; AND
>    7. Added force manjure limitation of liability; AND
>    8. Added global vendors (e.g. datacenter) Sensitive Data limitation of
>    liability; AND
>    9. Added judiciary minimal damage values limitation of liability; AND
>    10. Expanded grant clauses into Creative Commons' rights categories;
>    11. AND Added geographical indicator coverage; AND
>    12. Added protected geographical indicator coverage; AND
>    13. Added protected designation indicator coverage; AND
>    14. Added industrial design use coverage; AND
>    15. Added integrated circuit layout design use coverage; AND
>    16. Added trade secret use coverage.
>
> ----
>
> There are 4 sets of licenses (3 are open-source):
>
> (1) chewkeanho-rlos
> A libre-like license similar to BSD3-Clear but reserves registered IPs
> (patent, etc) back to the owner.
>
> Primary license source: https://doi.org/10.5281/zenodo.13777226
> Backup license source: https://github.com/ChewKeanHo/license-rlos
>
>
> (2) chewkeanho-cos
> An Apache 2.0-like license where registered IPs are granting use licenses
> by default.
>
> Primary license source: https://doi.org/10.5281/zenodo.13788522
> Backup license source: https://github.com/ChewKeanHo/license-cos
>
>
> (3) chewkeanho-gpos
> A GPLv2-like general public license. Functions like a backhole open-source
> that makes everything general public and forcing upstream. Copyleft
> boundaries designations (where its effects shall stop) are included and
> warning notice is on the cover page in case of excited junior executives.
>
> Primary license source: https://doi.org/10.5281/zenodo.13825030
> Backup license source: https://github.com/ChewKeanHo/license-gpos
>
>
> (4) chewkeanho-proprietary
> A fallback, safety first, designed specifically for junior executives in
> case of mishaps. The goal is that, when a project is generated, this shall
> be the default license (where everything is locked up). Just in case a
> junior accidentally "open" the project, the proprietary license effect is
> still there where any senior / legal executive can fire-fight the
> situation. The project can be re-licensed into the other open-source
> licenses once the embargo is cleared by the business unit.
>
> IMPORTANT: This is not an open-source license but is listed here for
> reference as the other licenses are inter-relate with each other.
>
> Primary license source: https://doi.org/10.5281/zenodo.13767361
> Backup license source: https://github.com/ChewKeanHo/license-proprietary
>
> ----
>
> Proposed SPDX identifier:
> Recommended: **chewkeanho-Xos** (X is the type like c, gp, rl) since there
> is a version control clause so the stewards can update the primary license
> without backfiring the older versions.
> If version locked is required: **chewkeanho-Xos-5-and-above** (where
> version 5 is reserved and shall includes the feedback from OSI)
>
> Supported languages: English
>
> Available file formats: (1) PDF - for legal folks; AND (2) RTF - for
> Microsoft MSI packager; (3) TXT - for Unix packager (e.g. debian package)
>
> Source redundancies: (1) Zenodo - in the EU that issued the common DOI;
> AND (2) GitHub, in the US.
>
> ----
>
> Feedbacks & amendments are welcome. Version 4 is reserved for OSI feedback
> and improvement for externals.
>
> Site-note: if possible, please let me issue PDF for each iteration. the
> TXT requires manual formatting (to make it human readable friendly) which
> is very time consuming. If possible, I would like the TXT formatting to be
> done only after finalization.
>
> Thank you for your time.
>
>
> Regards,
> (Holloway) Chew, Kean Ho
> *Justus Dominus*
> 202403160286 (003613489-T)
> W: https://www.hollowaykeanho.com
> E: me at hollowaykeanho.com | hollowaykeanho at gmail.com
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