[License-review] The Vaccine License

Mon Jan 27 19:22:42 UTC 2020

On Mon, Jan 27, 2020 at 1:11 PM Pamela Chestek <
pamela.chestek at opensource.org> wrote:

> In its regular Board of Directors Meeting on January 10, the Board of the
> Open Source Initiative voted to withhold approval of the Vaccine License as
> an Open Source Initiative Approved Open Source license.
>

So, based on https://opensource.org/approval, I assume this means the OSI has
"determine[d] that approval would require reworking the license and (b) the
license submitter appears willing and able to revise the license
constructively". I'm curious about the basis for part (b), since I don't
remember getting this impression from the license-review discussion.

Richard

>
>  Vote: 9 Yes, 0 No, 0 Abstain
>
> Pam
>
> Pamela Chestek
> Chair, License Review Committee
> Open Source Initiative
>
> On 1/6/2020 9:20 AM, Pamela Chestek wrote:
>
> Dear License Review,
>
> Below is the recommendation of the License Committee to the Board on the
> Vaccine License.
>
> Bet regards,
>
> Pamela Chestek
> Chair, License Review Committee
> Open Source Initiative
>
> License: The Vaccine License (Exhibit A)
> Submitted: October 29, 2019,
> http://lists.opensource.org/pipermail/license-review_lists.opensource.org/2019-October/004420.html
> Decision date: due no later than the first Board meeting after December
> 29, 2019
>
> License Review Committee Recommendation:
>
> Resolved that it is the opinion of the OSI that the Vaccine License does
> not conform to the OSD and assure software freedom and the license is
> therefore not approved.
>
> Rationale Document
>
> Reasons for withholding approval: The Vaccine License does not comply with
> OSD §5 (No Discrimination Against Persons or Groups). No one who
> participated in the license-review process expressed the opinion that this
> license should be approved and all who voiced an opinion on approval stated
> that it was their view the license should not be approved.
>
> The license submitter countered an anticipated refusal under OSD §5 with
> the argument “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.”
> http://lists.opensource.org/pipermail/license-review_lists.opensource.org/2019-October/004420.html
>
> This argument is rejected. The license expressly discriminates against
> those who have not had vaccines. The fact that one could voluntarily join a
> group that the license does not discriminate against does not alter the
> fact that the license discriminates against those who choose not to join
> the group.
>
> Withholding approval of this license, or any license, should not be
> construed as disagreement with the intentions or goals of the license.
>
> Exhibit A
>
> The Vaccine License
>
> Version 1.0, October 2019
>
> SPDX: Vaccine-1.0
>
> https://www.vaccinelicense.com/vaccine-license/
>
> 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
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>
> “Work” shall mean the work of authorship, whether in Source or Object
> form, made available under the License, as indicated by a copyright notice
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>
> “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
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> are managed by, or on behalf of, the Licensor for the purpose of discussing
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>
> “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:
>
>     You must place all Derivative Works under the terms and conditions of
> this license; and
>     You must give any other recipients of the Work or Derivative Works a
> copy of this License; and
>     You must cause any modified files to carry prominent notices stating
> that You changed the files; and
>     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
>     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
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> notices cannot be construed as modifying the License.
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> 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
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>
> 6. Disclaimer of Warranty. Unless required by applicable law or agreed to
> in writing, Licensor provides the Work (and each Contributor provides its
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> KIND, either express or implied, including, without limitation, any
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> 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
>
>
>
> On 10/29/2019 3:17 PM, Filli Liberandum wrote:
>
> 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 listLicense-review at lists.opensource.orghttp://lists.opensource.org/mailman/listinfo/license-review_lists.opensource.org
>
>
>
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>
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>

-- 
Richard Fontana
Senior Commercial Counsel
Red Hat, Inc.
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