[License-review] The Vaccine License
Pamela Chestek
pamela.chestek at opensource.org
Mon Jan 27 19:50:45 UTC 2020
I'm happy to give the submitter the benefit of the doubt on their
willingness and another opportunity.
Pam
Pamela Chestek
Chair, License Review Committee
Open Source Initiative
On 1/27/2020 2:22 PM, Richard Fontana wrote:
> On Mon, Jan 27, 2020 at 1:11 PM Pamela Chestek
> <pamela.chestek at opensource.org <mailto: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.
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>> or more of the outstanding shares, or (iii) beneficial ownership
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>> 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.
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>>
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>> responsibility, not on behalf of any other Contributor, and only
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>> 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/
>>>
>>>
>>> _______________________________________________
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