[License-review] For Approval: OpenMDW License Agreement, versions 1.1 (OpenMDW-1.1)

[Carlo Piana]

Shuji-san, thank you! 

By way of clarification, a couple of quick remarks where my thought could be obscure: 

> Da: "Shuji Sado" <shujisado at gmail.com>
> A: "License submissions for OSI review" <license-review at lists.opensource.org>
> Cc: "Carlo Piana" <carlo at piana.eu>
> Inviato: Lunedì, 31 agosto 2026 17:43:30
> Oggetto: Re: [License-review] For Approval: OpenMDW License Agreement, versions
> 1.1 (OpenMDW-1.1)

[...] 

> On the other hand, regarding Carlo-san's phrase "general waiver of one's right
> to the licensor," if "waiver" is meant literally, I am not sure that it
> accurately describes the structure of OpenMDW.

To clarify it was not a discussion about what OpenMDW results into, but a more generic discussion pointing at the upper limit of an hypothetical curve of retaliatory burden imposed by the license. If one entity controlled the entirety of rights over an essential facility, the retaliation would mean either waive any of your rights against us, because you will have no chances of litigating them without losing access to an entire market. Establishing where a retaliation clause ends to be acceptable, if at all, and in which dimension, is the crux of this debate, I believe. 

[...] 

> However, the Review Process does not define the OSD as "merely a means."

I agree that if I used "merely" I would have heavily -- and probably stupidly -- mischaracterized OSD. It is a means, an important one, because it provides an operative, however incomplete and laconic at times, breakdown of do's and dont's to separate Open Source, or Free, Software, from non open and non free software. The duality is clear, because of the OSD was largely derived directly form the Debian Free Software Guidelines. 

Best regards, 

Carlo 
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