[License-review] For approval: The Cryptographic Autonomy License (Beta 4)

[Bruce Perens]

On Fri, Dec 6, 2019 at 3:56 PM Josh Berkus <josh at berkus.org> wrote:

> You're gonna need to draw a diagram here, because I'm just not seeing
> how you get that out of the license text.
>

I was one of the folks at Pixar who used a typewriter, sorry, I can only do
this with words.

You're the database guy, that will be important to understand this.

What is the purpose of the data terms? They don't stand alone in a vacuum,
they were put in the license for a purpose, and they have to implement that
purpose. The Holochain is a distributed data storage network, synchronized
by blockchain and operated as a set of independent hardware nodes whose
operators  have the terms of the CAL to govern their behavior. One of the
defining features of this network is that node operators can not sequester
your user data. Thus, the anti-sequestration "data terms" in the CAL.

One would usually expect to see terms like this in a contract governing all
node operators. *Either* (1) the Holochain creators wish to do without such
a contract, *or *(2) it might be that they don't want the software used for
a *competing* network where the data terms do not exist (and this would be
a use restriction IMO). The data terms *have to* be in the CAL to implement
this second purpose, a contract by all Holochain node operators would not
prevent a competing network.

What if a Holochain node operator developed Open Source software
interoperable with Holochain, but not under the CAL? That person would not
be bound by the data terms. And they would be able to sequester user data.
They might even choose not to let modified user data propagate back to the
Holochain. They could have a corner of the Holochain that they entirely
own, and locked-in users, which is against the stated purpose of the
Holochain.

So, how could the Holochain creators fight this? By asserting their
patents. Whether the defendant is Open Source or not, they would have to do
it to protect the Holochain.

    Thanks

    Bruce
-- 
Bruce Perens - Partner, OSS.Capital.
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