[License-review] PSCL Python Statistics Calculator Review

Kevin P. Fleming lists.osi-license-review at kevin.km6g.us
Mon Nov 4 15:09:27 UTC 2024


On Thu, Oct 31, 2024, at 06:07, Recovery Account via License-review wrote:
> Dear OSI License Review Committee,
> 
> I am submitting the Python Statistics Calculator License (PSCL) for your review and approval. The PSCL is designed to balance open-source collaboration with quality control by restricting modifications to experienced and intermediate developers, and it features a unique Criterion for Speedy Protection (CFSP) mechanism to safeguard against unconstructive modifications.

Please follow the submission process: https://opensource.org/licenses/review-process. There are many pieces of information which the submitter must provide in addition to the text of the license.

> 
> Attached is a detailed proposal outlining the purpose, comparisons with existing licenses, and the full text of the PSCL.

The promised 'comparisons' are not present.

> 
> ### **Python Statistics Calculator License (PSCL) Documentation**
> 
> #### **Overview**
> The Python Statistics Calculator License (PSCL) outlines the terms and conditions for using, copying, distributing, and creating derivative works from the Python Statistics Calculator software. This license aims to balance flexibility with control, ensuring the integrity of the software while promoting contributions from experienced and intermediate developers.
> 
> #### **License Terms**
> 
> 1. **Permission**
>    Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to copy, distribute, and create derivative works from the Software for commercial purposes, subject to the following conditions:

This is a violation of OSD 6, as it only permits these actions 'for commercial purposes'.

> 
> 2. **Attribution**
>    You must give appropriate credit to the author by providing a link to the original work. This helps recognize the contributions of the original authors and maintain the credibility of the software.
> 
> 3. **Modification by Experienced and Intermediate Developers Only**
>    Only individuals or entities with proven expertise in software development or those meeting the criteria for intermediate developers are permitted to modify the original work. 

This is a violation of OSD 5, discrimination against persons or groups.

> 
>    - **Experienced Developers**: Individuals or entities with proven expertise in software development, having made at least one meaningful contribution or program, and proficient in creating powerful programs.
>    - **Intermediate Developers**: Individuals or entities that have created 3-7 programs ideal for practicing the basics of coding, can add decent styling better than the average webpage, and capable of making slight improvements, tweaks, or enhancements.
> 
>    **Criterion for Speedy Protection (CFSP)**: If the project/hard work is likely to have unconstructive modifications, it will be protected by this license to maintain the integrity of the source code within 2-6 hours.

This paragraph doesn't make any sense at all.

> 
>    Any derivative works must be based on the original but not alter it directly except by those qualified.

This precludes derivatives made from other derivatives, which is a violation of OSD 3.

> 
> 4. **Distribution**
>    If you distribute the Software, you must distribute it under the same terms as this license. This ensures that all copies of the Software, whether distributed in their original form or as derivative works, are bound by the same conditions, maintaining consistency and fairness.
> 
> 5. **Disclaimer**
>    The Software is provided "as is," without warranty of any kind, express or implied, including but not limited to the warranties of merchantability, fitness for a particular purpose, and non infringement. In no event shall the authors or copyright holders be liable for any claim, damages, or other liability, whether in an action of contract, tort, or otherwise, arising from, out of, or in connection with the Software or the use or other dealings in the Software.
> 
> #### **Purpose**
> The purpose of this license is to:
> - Ensure that the Python Statistics Calculator software remains user-friendly and reliable.

A software license is not a suitable place to ensure that software remains 'user friendly' or 'reliable', since those are qualitative attributes of the software and not subject to intellectual property protection.

> - Allow experienced and intermediate developers to contribute meaningful improvements and bug fixes, enhancing the Software's functionality and performance.
> - Promote open-source collaboration by providing a clear and fair framework for using, copying, and distributing the Software.
> 
> #### **Definitions**
> 
> **Experienced Developer**: An individual or entity with proven expertise in software development. The criteria for qualifying as an experienced developer are:
> - Proven expertise in software development.
> - At least one meaningful contribution or program.
> - Proficiency in creating powerful programs.
> 
> **Intermediate Developer**: An individual or entity that has created 3-7 programs ideal for practicing the basics of coding, can add decent styling better than the average webpage, and capable of making slight improvements, tweaks, or enhancements.
> 
> **Criterion for Speedy Protection (CFSP)**: If the project/hard work is likely to have unconstructive modifications, it will be protected by this license to maintain the integrity of the source code within 2-6 hours.
> 
> #### **Additional Information**
> For more detailed information on how to qualify as an experienced or intermediate developer, examples of proper attribution, and guidelines for distributing the Software, please refer to the accompanying documentation file or visit our project website.
> 
> Thank you for your consideration.
> 
> Best regards,
> 
> _______________________________________________
> The opinions expressed in this email are those of the sender and not necessarily those of the Open Source Initiative. Communication from the Open Source Initiative will be sent from an opensource.org email address.
> 
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