[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.
>>
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>>             authorized by the copyright owner that is granting the
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>>
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>>             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
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>>
>>             “Local Vaccination Authority” shall mean a government
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>>
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>>             Authority which recommend vaccines which should be
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>>
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>>             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.
>>
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>>             Complying Legal Entity exercising permissions granted by
>>             this License.
>>
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>>             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/
>>
>>             ------------------------------------------------------------------------
>>
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