[License-review] The Vaccine License

Tue Oct 29 19:55:41 UTC 2019

Nope!

Good intent yelds bad licenses and incompliance. I actually campaign pro vax, yet this license is not acceptable in the least bit. I am undecided whether it's a trolling exercise. Probably it is. I must have read of it somewhere else.

I won't insult this list members' intelligence by discussing why.

Please, stop it.

Cheers

K

29 ott 2019 ha scritto:
>Honored Board Members of the Open Source Initiative and members in the
>license-review process,
>
>This is a submission for approval as per the license review process
>documented at  https://opensource.org/approval
>
>*Type of submission:* Approval
>*License name:* Vaccine License
>
>*Text of the license:*
>
>The Vaccine License
>
>*Version 1.0, October 2019*
>
>SPDX: Vaccine-1.0
>
>https://www.vaccinelicense.com/vaccine-license/
><http://www.apache.org/licenses/>
>
>PRELUDE
>
>Open Source developers should work for good, not evil. The misguided
>rejection of vaccination is one of the greatest evils that has ever
>existed. The *Vaccine License* is a software license that requires that
>users vaccinate their children, and themselves, and that user
>businesses
>make a similar requirement of their employees, to the greatest extent
>legally possible.
>
>The Vaccine License is derivative of the text of the Apache License,
>but
>with significantly modified language and very different effect. The
>license
>is reciprocal, and the grant of copyright and patent license rights
>only
>applies so long as the user complies with local vaccination
>recommendations.
>
>TERMS AND CONDITIONS FOR USE, REPRODUCTION, AND DISTRIBUTION
>
>1. Definitions.
>
>“License” shall mean the terms and conditions for use, reproduction,
>and
>distribution defined by this document.
>
>“Licensor” shall mean the copyright owner or entity authorized by the
>copyright owner that is granting the License.
>
>“Legal Entity” shall mean the union of the acting entity and all other
>entities that control, are controlled by, or are under common control
>with
>that entity. For the purposes of this definition, “control” means (i)
>the
>power, direct or indirect, to cause the direction or management of such
>entity, whether by contract or otherwise, or (ii) ownership of fifty
>percent (50%) or more of the outstanding shares, or (iii) beneficial
>ownership of such entity.
>
>“Source” form shall mean the preferred form for making modifications,
>including but not limited to software source code, documentation
>source,
>and configuration files.
>
>“Object” form shall mean any form resulting from mechanical
>transformation
>or translation of a Source form, including but not limited to compiled
>object code, generated documentation, and conversions to other media
>types.
>
>“Work” shall mean the work of authorship, whether in Source or Object
>form,
>made available under the License, as indicated by a copyright notice
>that
>is included in or attached to the work (an example is provided in the
>Appendix below).
>
>“Derivative Works” shall mean any work, whether in Source or Object
>form,
>that is based on (or derived from) the Work and for which the editorial
>revisions, annotations, elaborations, or other modifications represent,
>as
>a whole, an original work of authorship. For the purposes of this
>License,
>Derivative Works shall not include works that remain separable from, or
>merely link (or bind by name) to the interfaces of, the Work and
>Derivative
>Works thereof.
>
>“Contribution” shall mean any work of authorship, including the
>original
>version of the Work and any modifications or additions to that Work or
>Derivative Works thereof, that is intentionally submitted to Licensor
>for
>inclusion in the Work by the copyright owner or by an individual or
>Legal
>Entity authorized to submit on behalf of the copyright owner. For the
>purposes of this definition, “submitted” means any form of electronic,
>verbal, or written communication sent to the Licensor or its
>representatives, including but not limited to communication on
>electronic
>mailing lists, source code control systems, and issue tracking systems
>that
>are managed by, or on behalf of, the Licensor for the purpose of
>discussing
>and improving the Work, but excluding communication that is
>conspicuously
>marked or otherwise designated in writing by the copyright owner as
>“Not a
>Contribution.“
>
>“Contributor” shall mean Licensor and any individual or Legal Entity on
>behalf of whom a Contribution has been received by Licensor and
>subsequently incorporated within the Work.
>
>“Medical Doctor” shall mean a professional who has completed a
>science-based education in the practice of medicine, and has been
>licensed
>or authorized by the government of the place where they practice to be
>the
>primary authority to plan and order the medical care that should be
>provided to a particular patient.
>
>“Vaccine” shall mean a biological preparation that provides active
>acquired
>immunity to a particular disease, which is prepared, recommended, and
>administered under the supervision of a Medical Doctor.
>
>“Vaccination” shall mean the administration of vaccine to a patient.
>
>“Local Vaccination Authority” shall mean a government agency tasked
>with
>guiding the control of disease by recommending vaccination of persons,
>which enacts the advice of Medical Doctors. In the United States, this
>shall be the Centers For Disease Control And Prevention, or any
>successor
>agency to that one which is given the same task.
>
>“Local Vaccination Recommendations” shall mean recommendations
>published by
>the Local Vaccination Authority which recommend vaccines which should
>be
>administered to certain persons, on the basis of age, travel
>destination,
>occupation, health status, and other factors. An example is
>“Recommended
>Vaccines by Age”, which has been published by the United States Centers
>for
>Disease Control and Prevention.
>
>“Complying Person” shall mean a natural person who, to the extent that
>they
>are able to do so, under the direction and care of a Medical Doctor,
>elects
>to have administered to themselves and to all legal minors to whom they
>are
>parent or guardian all vaccines recommended by their Local Vaccination
>Recommendations which are appropriate for the patient’s medical
>condition.
>This requirement is waived only to the extent that it is not reasonably
>possible, for example if the person can not afford the vaccine, does
>not
>have access to it, or can not make the vaccine decision without the
>consent
>of another party which will not agree.
>
>“Complying Legal Entity” shall mean a Legal Entity other than a natural
>person that, to the greatest extent legally possible in its locality,
>requires its employees to be Complying Persons. This requirement is
>waived
>only to the extent that the government where it is applied would
>prohibit
>its application.
>
>“You” (or “Your“) shall mean a Complying Person or Complying Legal
>Entity
>exercising permissions granted by this License.
>
>2. Grant of Copyright License. Subject to the terms and conditions of
>this
>License, each Contributor hereby grants to You a worldwide,
>non-exclusive,
>no-charge, royalty-free, copyright license to reproduce, prepare
>Derivative
>Works of, publicly display, publicly perform and distribute the Work
>and
>such Derivative Works in Source or Object form, so long as You remain a
>Complying Person or Complying Legal Entity.
>
>3. Grant of Patent License. Subject to the terms and conditions of this
>License, each Contributor hereby grants to You a worldwide,
>non-exclusive,
>no-charge, royalty-free, patent license to make, have made, use, offer
>to
>sell, sell, import, and otherwise transfer the Work, where such license
>applies only to those patent claims licensable by such Contributor that
>are
>necessarily infringed by their Contribution(s) alone or by combination
>of
>their Contribution(s) with the Work to which such Contribution(s) was
>submitted, so long as You remain a Complying Person or Complying Legal
>Entity.
>
>If You institute patent litigation against any entity (including a
>cross-claim or counterclaim in a lawsuit) alleging that the Work or a
>Contribution incorporated within the Work constitutes direct or
>contributory patent infringement, then any patent licenses granted to
>You
>under this License for that Work shall terminate as of the date such
>litigation is filed.
>
>4. Redistribution. You may reproduce and distribute copies of the Work
>or
>Derivative Works thereof in any medium, with or without modifications,
>and
>in Source or Object form, provided that You meet the following
>conditions:
>
>1. You must place all Derivative Works under the terms and conditions
>of
>   this license; and
>2. You must give any other recipients of the Work or Derivative Works a
>   copy of this License; and
>3. You must cause any modified files to carry prominent notices stating
>   that You changed the files; and
>4. You must retain, in the Source form of any Derivative Works that You
>distribute, all copyright, patent, trademark, and attribution notices
>from
>the Source form of the Work, excluding those notices that do not
>pertain to
>   any part of the Derivative Works; and
>   5. If the Work includes a “NOTICE” text file as part of its
>distribution, then any Derivative Works that You distribute must
>include a
>readable copy of the attribution notices contained within such NOTICE
>file,
>excluding those notices that do not pertain to any part of the
>Derivative
>Works, in at least one of the following places: within a NOTICE text
>file
> distributed as part of the Derivative Works; within the Source form or
>documentation, if provided along with the Derivative Works; or, within
>a
>display generated by the Derivative Works, if and wherever such
>third-party
>   notices normally appear. The contents of the NOTICE file are for
>informational purposes only and do not modify the License. You may add
>Your
>   own attribution notices within Derivative Works that You distribute,
>alongside or as an addendum to the NOTICE text from the Work, provided
>that
>such additional attribution notices cannot be construed as modifying
>the
>   License.
>
>   You may add Your own copyright statement to Your modifications.
>
>5. Trademarks. This License does not grant permission to use the trade
>names, trademarks, service marks, or product names of the Licensor,
>except
>as required for reasonable and customary use in describing the origin
>of
>the Work and reproducing the content of the NOTICE file.
>
>6. Disclaimer of Warranty. Unless required by applicable law or agreed
>to
>in writing, Licensor provides the Work (and each Contributor provides
>its
>Contributions) on an “AS IS” BASIS, WITHOUT WARRANTIES OR CONDITIONS OF
>ANY
>KIND, either express or implied, including, without limitation, any
>warranties or conditions of TITLE, NON-INFRINGEMENT, MERCHANTABILITY,
>or
>FITNESS FOR A PARTICULAR PURPOSE. You are solely responsible for
>determining the appropriateness of using or redistributing the Work and
>assumes any risks associated with exercise of permissions under this
>License.
>
>7. Limitation of Liability. In no event and under no legal theory,
>whether
>in tort (including negligence), contract, or otherwise, unless required
>by
>applicable law (such as deliberate and grossly negligent acts) or
>agreed to
>in writing, shall any Contributor be liable to You for damages,
>including
>any direct, indirect, special, incidental, or consequential damages of
>any
>character arising as a result of this License or out of the use or
>inability to use the Work (including but not limited to damages for
>loss of
>goodwill, work stoppage, computer failure or malfunction, or any and
>all
>other commercial damages or losses), even if such Contributor has been
>advised of the possibility of such damages.
>
>8. Accepting Warranty or Additional Liability. While redistributing the
>Work or Derivative Works thereof, You may choose to offer, and charge a
>fee
>for, acceptance of support, warranty, indemnity, or other liability
>obligations and/or rights consistent with this License. However, in
>accepting such obligations, You may act only on Your own behalf and on
>Your
>sole responsibility, not on behalf of any other Contributor, and only
>if
>You agree to indemnify, defend, and hold each Contributor harmless for
>any
>liability incurred by, or claims asserted against, such Contributor by
>reason of your accepting any such warranty or additional liability.
>
>END OF TERMS AND CONDITIONS
>
>*end of license text.*
>
>*Rationale:*
>
>Open Source software is used to commit all sorts of evil. Open Source
>developers contribute their work freely to be used in this way. It’s
>time
>for Open Source developers to *ask for something *in return for that
>work.
>
>*But what to ask for?* We have chosen vaccination, because the need for
>it
>is scientifically verified, because so many people are killed or maimed
>because their parents deny them vaccination, and because the ignorance
>that
>causes rejection of vaccination is an easily-identifiable evil. There
>are
>no legal ambiguities where rejection of vaccination is concerned, so it
>is
>simple to require it in a license.
>
>The rejection of vaccination is not a distant evil. It is happening
>right
>around you. It effects people you care about, but you’re unable to
>intervene. Or you were, until now.
>
>Here are some expected arguments which might be attempted as
>justification
>to reject the Vaccine License.
>
>Argument: *The Vaccine License does not benefit the Open Source
>Community
>sufficiently to be adopted as an Open Source License.*
>
>Refutation: *By improving the physical health of members of the Open
>Source
>Community, since it requires that those members get their shots, the
>Vaccine License is of greater benefit to the community than any other
>license that simply governs the use, distribution, and modification of
>software.*
>
>Argument: *The Vaccine License Violates Article 5
><https://opensource.org/osd/#persons-or-groups> of the Open Source
>Definition <https://opensource.org/osd>, “No Discrimination Against
>Persons
>or Groups”, since it discriminates against anti-vaxers.*
>
>Refutation: The text of *Article 5 *is
>
>The license must not discriminate against any person or group of
>persons.
>
>Since any person or group, without exception, may receive a vaccine
>which
>is medically appropriate for them, the Vaccine License does not
>discriminate against any person or group. So-called “anti-vaxxers”
>identify
>themselves by their misguided rejection of vaccines, but such rejection
>is
>an *action *rather than *membership in a group.*
>
>Argument: *The Vaccine License Violates Article 6
><https://opensource.org/osd/#fields-of-endeavor> of the Open Source
>Definition, “No Discrimination Against Fields of Endeavor”*
>
>Refutation: The text of *Article 6* is
>
>The license must not restrict anyone from making use of the program in
>a
>specific field of endeavor. For example, it may not restrict the
>program
>from being used in a business, or from being used for genetic research.
>
>The Vaccine License does not include terms discriminating against any
>field
>of endeavor. It only places a requirement upon Complying Legal Entities
>that, to the greatest extent legally possible, they perform that field
>of
>endeavor using Complying Persons as their employees. There is an
>exception
>in the Vaccine License if such an action is prohibited by the
>locality’s
>law.
>
>*Distinguish (from other OSI-approved licenses):* There is not a
>similar
>license currently approved by the OSI
>
>*Legal Review:* The license was prepared by a licensing professional.
>In
>the client's best interest, the legal review can not be made public. We
>note that other license submissions have not submitted a detailed legal
>review.
>
>*License proliferation category: *This license is not yet popular. It
>is
>not duplicative of other licenses.
>
>    Respectfully Submitted
>
>    *Filli Liberandum*
>
>
>------------------------------------------------------------------------
>
>_______________________________________________
>License-review mailing list
>License-review at lists.opensource.org
>http://lists.opensource.org/mailman/listinfo/license-review_lists.opensource.org
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://lists.opensource.org/pipermail/license-review_lists.opensource.org/attachments/20191029/eaedd668/attachment-0001.html>