[License-review] Anti-IP License

McCoy Smith mccoy at lexpan.law
Fri Oct 16 14:04:13 UTC 2020


This is an interesting concept, but poorly executed. Kevin points out one
problem. Another is that it doesn't anywhere discuss source code (which
would seem to violate OSD 2).
I'd say this is one that really needs a lawyer's involvement, to ensure its
terms meet the goals of the author and also satisfy the OSD. 
FWIW, I'm not sure how this would be found "unconscionable" at least under
USA law; it appears to be something like an attempt to do a copyleft public
domain dedication, which AFAIK, isn't unconscionable.

> -----Original Message-----
> From: License-review <license-review-bounces at lists.opensource.org> On
> Behalf Of Kevin P. Fleming
> Sent: Friday, October 16, 2020 6:29 AM
> To: License submissions for OSI review
<license-review at lists.opensource.org>
> Subject: Re: [License-review] Anti-IP License
> 
> On Fri, Oct 16, 2020 at 8:18 AM Alex Williams <implementnap at gmail.com>
> wrote:
> 
> > No Fraud
> >
> > No Licensable IP or Restricted work may be used to commit fraud. If you
are
> found guilty of committing fraud using any of the Licensable IP or a
Restricted
> work in a court of law, then your license ends immediately.
> 
> This is a restriction on use, and thus generally considered to be
incompatible
> with the OSD. If this was to have any chance at approval at all, the
license
> termination would need to apply to only the limited usage of the covered
> works which were involved in the fraudulent activity. If the licensee also
uses
> the covered works in other activities, which have not been determined to
be
> fraudulent, then those licenses would have to stay in force. My opinion of
> course, IANAL, yadda yadda.
> 
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