[License-review] The Vaccine License
Pamela Chestek
pamela.chestek at opensource.org
Wed Oct 30 02:31:20 UTC 2019
Dear Fil,
If you were referring to comments from Simon, he is not the "head" of
the OSI but simply a member of the board along with others, and would
have been expressing his personal opinion, not that of the OSI.
Pam
Pamela Chestek
Open Source Initiative
Chair, Licensing Committee
On 10/29/19 5:18 PM, Filli Liberandum wrote:
> Hi Anand,
>
> In the mailing list archives, I saw the recent submission of the
> Cryptographic Autonomy License of Mr. Lindstrom, which asks for the
> release of some data as its condition. And this appears to have been
> taken quite seriously, with the head of the Open Source Initiative
> publicly stating that he did not see a problem with its terms. So,
> perhaps something has already changed between the submission of your
> license and now. Or perhaps something should.
>
> Thanks
>
> /Fil/
>
> On Tue, Oct 29, 2019 at 1:51 PM Anand Chowdhary
> <anandchowdhary at gmail.com <mailto:anandchowdhary at gmail.com>> wrote:
>
> Dear Fil,
>
> Quick intro: I’m Anand, and I tried to make an open-source
> license: https://github.com/AnandChowdhary/twente-license. The
> idea was similar to yours, and the condition was privacy. The
> condition was that people using anything Twente licensed need to
> adhere to some data privacy standards, like you’re asking for
> vaccines.
>
> The problem with my idea (similar to yours), I think is that it’s
> not the license’s job to do this. We should rely upon
> local/national/international regulation, and leave open source for
> what it is — spreading knowledge.
>
> Back then, someone on this very list told me “Open source MUST be
> allowed to do illegal things. It is not up to the copyright owners
> to perform law enforcement. And something that's illegal for
> someone is legal for others. Spyware is a good example. Something
> is illegal someplace might be even compulsory elsewhere.”
>
> I think you should read this message from the Twente license
> thread:
> http://lists.opensource.org/pipermail/license-review_lists.opensource.org/2019-February/003957.html.
>
> I understood that there are better ways to ensure data privacy.
> Maybe the same applies to you: There are better way to advocate
> for vaccinations, but open-source licenses are not the way to do it.
>
> Best,
>
> Anand Chowdhary
> Chief Executive Officer
> Oswald Labs <https://oswaldlabs.com>
>
> NL +31 6 44 69 10 56
> US +1 404 795 4042
> IN +91 95552 97989
> E ceo at oswaldlabs.com <http://mailto:ceo@oswaldlabs.com>
>
> For appointments, email Ara at ara at oswaldlabs.com
> <https://mailto:ara@oswaldlabs.com>.
> On Oct 29, 2019, 13:45 -0700, Filli Liberandum
> <filliliberandum at vaccinelicense.com
> <mailto:filliliberandum at vaccinelicense.com>>, wrote:
>> Hello Mr. Piana,
>>
>> In preparing this submission, I read the Mailing List Code of
>> Conduct at https://opensource.org/codeofconduct
>> Please familiarize yourself with it. In the name of getting
>> along, I think it would be best if we all overlooked the tone of
>> your message - this time.
>>
>> Obviously this is not the first license which dares to ask for
>> something in return, more than just sharing source code of
>> modifications, in exchange for the great work of Open Source
>> developers.
>>
>> *There is a rising sentiment in the Open Source community that we
>> give too much and ask for much too little.*
>>
>> It is time that the OSI board and the members involved in this
>> process acknowledged that. This license seeks to change the
>> balance, in a way that complies with the Open Source Definition,
>> and deals with a real problem everyone should support, rather
>> than asking for money and contaminating the developer process
>> with endless arguments over fairness of compensation, or
>> attempting to stop a war or some other such absurd thing where we
>> would be bound to fail. Vaccination is real, practical, and most
>> people worldwide can get it. And of course it saves lives. It
>> seems very little to ask for, doesn't it?
>>
>> /Fil/
>>
>> On Tue, Oct 29, 2019 at 12:56 PM Carlo Piana <carlo at piana.eu
>> <mailto:carlo at piana.eu>> wrote:
>>
>> 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
>> <mailto:License-review at lists.opensource.org>
>> http://lists.opensource.org/mailman/listinfo/license-review_lists.opensource.org
>>
>> _______________________________________________
>> License-review mailing list
>> License-review at lists.opensource.org
>> <mailto:License-review at lists.opensource.org>
>> http://lists.opensource.org/mailman/listinfo/license-review_lists.opensource.org
>>
>> _______________________________________________
>> License-review mailing list
>> License-review at lists.opensource.org
>> <mailto:License-review at lists.opensource.org>
>> http://lists.opensource.org/mailman/listinfo/license-review_lists.opensource.org
> _______________________________________________
> License-review mailing list
> License-review at lists.opensource.org
> <mailto:License-review at lists.opensource.org>
> http://lists.opensource.org/mailman/listinfo/license-review_lists.opensource.org
>
>
> _______________________________________________
> 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/f37fbfd2/attachment-0001.html>
More information about the License-review
mailing list