[License-review] License drafting quality and process [was Re: Comment on MOSL and similar licenses]

[Lawrence Rosen]

Patrice-Emmanuel Schmitz wrote:

> If the license could be interesting for developers in Europe or if the
license steward could propose it for software distribution trough the
European Commissions' Joinup.eu platform (this may probably be applicable to
most cases), there is currently one way for obtaining free legal suport: 

 

 

It is great that people can get free legal advice in Europe to develop new
open source licenses. I also agree with Richard Fontana that we don’t want
to treat open source licensing like a game that only the rich and their
lawyers can play.

 

At this stage of our open source paradigm development, however, how many new
wrinkles on license provisions are likely to matter?  I hope that your group
will only provide legal assistance (free or fee-based) to projects that can
identify a clear rationale for a new license rather than simply a new way to
say the same old things.

 

In my view, the wrinkles we might actually like in new licenses are those
that solve patent problems, or apply in new ways to cloud-based or embedded
or mobile software. We don’t need any more Apache or BSD licenses, do we, no
matter how eloquently phrased? 

 

I personally have been frustrated by writing licenses that don’t actually
rock the world of software; how much more such frustration do license
drafters and license reviewers need? This gets back to our old argument
about license proliferation. Too many amateurs and their free lawyers
writing new licenses will only exacerbate that problem.

 

And so, to quote Patrice-Emmanuel once again, this is the most important
factor:

> - explanations on your licensing project, why you submit it, why no
existing licenses does not fit...

 

Regards,

 

/Larry

 

 

From: Patrice-Emmanuel Schmitz [mailto:pe.schmitz at googlemail.com] 
Sent: Monday, April 08, 2013 7:02 AM
To: license-review at opensource.org
Subject: Re: [License-review] License drafting quality and process [was Re:
Comment on MOSL and similar licenses]

 

Richard Fontana dixit:


> ... access to good legal advice will be unrealistic to many developers,
...

 

If the license could be interesting for developers in Europe or if the
license steward could propose it for software distribution trough the
European Commissions' Joinup.eu platform (this may probably be applicable to
most cases), there is currently one way for obtaining free legal suport: 

 

Path:

1. Visit the Joinup Open Source Software page
<https://joinup.ec.europa.eu/software/all>
https://joinup.ec.europa.eu/software/all

2. Hit the right button "Ask a legal question"

3. Fill the form and select the category "Questions on legal issues"

   Example:

"I may propose the new license hereunder to Joinup Open Source developpers,
do you have any legal comments on the draft and rationale prior submission
to OSI?"

 

This is possible now, without formal guarantee of course (depending on
workload).

It is recommended to prepare two separate sections (to insert in the form or
to provide on request to the Joinup team, if too long):

- the draft licence

- explanations on your licensing project, why you submit it, why no existing
licenses does not fit...

 

Best wishes,

P-E.

 

 

2013/4/8 Thorsten Glaser <tg at mirbsd.de>

Richard Fontana dixit:


>agree. Certainly 'cut and paste isn't sufficient', but access to good
>legal advice will be unrealistic to many developers, and yet they seem

I had Till Jäger from the ifrOSS have a short look-over,
which he kindly made for free (though they normally focus
on copyleft licences). Probably better than nothing.

Might be a suggestion. If the prospective author has _some_
resources, maybe the ifrOSS would be happy to negotiate;
asking them probably isn’t bad.

On the other hand, I don’t know which legislations they
can operate in


bye,
//mirabilos
--
  "Using Lynx is like wearing a really good pair of shades: cuts out
   the glare and harmful UV (ultra-vanity), and you feel so-o-o COOL."
                                         -- Henry Nelson, March 1999

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-- 
Patrice-Emmanuel Schmitz
pe.schmitz at googlemail.com
tel. + 32 478 50 40 65 

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