
OSI Creates License List 67
Russ Nelson writes "The Open Source Initiative voted April 5 to approve the following motion: ``To improve the process of evaluating proposed licenses as OSD-compliant, we will establish an open mailing list where such proposed licenses may be discussed. The names of the companies associated with such licenses may be anonymized.'' That mailing list has been created and is license-discuss.
" Interesting - looks like us legal nerds need to be subscribed to yet another list now...Glad to see OSI opening
up a bit.
its a start (Score:1)
Not likely (Score:1)
Has anybody been subscribed yet? (Score:1)
No, toasters are the appliance of the future (Score:1)
Trademark (Score:1)
The opensource.org page says:
The phrase `open source' has been registered as a certification mark.
I was under the impression that Software in the Public Interest had applied for trademark registration, but that it had not actually yet been registered as a certification mark.
So has it been registered as a certification mark, or is the statement on opensource.org incorrect?
its a start (Score:1)
ok great. so now we rate these licenses... we need to come up with a license that is clear in a legal sense (this is NOT the GPL) and then evangelize it by taking it to the media and basically pushing it as the only true open source...
instead of a viral license how about a chameleon-one....
if they release source, our source is free for them...
if they want to sell something with the source in it, then the author gets a cut...
ad infinitum... the Java license is like this, right?
QPL does this I think. (Score:1)
Not that I think they'd do it, but if what you're saying is true, they could do it.
QPL does this I think. (Score:1)
License Codes? (Score:1)
These guys *are* our friends, after all! (Score:1)
ESR, Bruce Perens, and RMS are all on the side of free source. Their motivations differ, as does precise details of what they consider appropriate, but their overall positions are still clustered quite tightly.
Who needs that mailing list?!? "SLML" instead? (Score:1)
Why do we still have judges and juries?
It's clear that two people can read the same license and come to entirely different conclusions about whether a given license meets the standards that do exist. So for one thing, designing that kind of expert system would be problematic. Not to mention that implementing the kind of free text recognition needed to create the semantic information needed to do the evaluation.
Trademark - you can look them up online (Score:1)
Gosh, why even HAVE a list? (Score:1)
--
No need for a license factory; it is bad, very bad (Score:1)
We don't need more licenses, or a license factory.
We need to discourage new licenses.
And the OSI is a marketing organization. It shall not push a "true" open source license.
And remember, something is not Open Source until the SPI agrees.
QPL does this I think. (Score:1)
Regards
Even so (Score:1)
Even the non-GPL licenses are strong enough for our purposes. If some company were to create a proprietary program out of software with a BSD- or X11-style license, it would be legal, but they still couldn't claim ownership of the original code. They could have their proprietary version, but we would still have our open version, which would pretty quickly outdistance the proprietary one owing to the advantages of open source development.
Apache, oddly enough, is a great example of the invulnerability of open/free software to conventional corporate attack. When IBM was working their deal with Apache, to include Apache on IBM servers in exchange for enhancements to the Apache NT port (which IBM didn't legally have to do, but did out of good faith), IBM's lawyers had a hell of a time becuase they couldn't figure out who they were signing a contract with- Apache just didn't exist as a legal entity. This led to one suit exclaiming, "You mean, we're signing an agreement with a website?" This same lack of a legal existence means that Apache can never be bought. Nobody can ever own or control it because it doesn't legally exist.
Good idea, if the implementation is serious (Score:1)
Credit is due to OSI for opening up the process, if this is in fact what's going on. But it's important for them to realize the importance of follow-through. If we all get to comment on these prospective licenses and the effect of the commentary is minimal, public comment will inevitably follow in other forums.
So good idea guys, but remember that you are performing a service for the community, and as in any free software project, we'll rate you on how good a job you're doing. Publicly, and without apology.
Rob Levin
Head of Operations, Open Projects
"Open source, open technology, open information"
These guys *are* our friends, after all! (Score:1)
Rik wrote: Agreed that we are on the same side, but that does not relieve anybody the responsibility of "getting it right." In cases where the community feels it is not being represented by prominent people who claim to do so, public noise is going to happen. So if someone claims to representing us, they need to try really hard to get it right, to avoid these problems....
Rob Levin
Head of Operations, Open Projects
"Open source, open technology, open information"
``Things Hackers Detest and Avoid'' (Score:1)
Things Hackers Detest and Avoid
IBM mainframes.
Hmmph. Clearly you've never had the opportunity to hack bare iron on a 3090. Much more fun then you would think
``Things Hackers Detest and Avoid'' (Score:1)
Things Hackers Detest and Avoid
IBM mainframes.
Hmmph. Clearly you've never had the opportunity to hack bare iron on a 3090. Much more fun then you would think
pedant point (Score:1)
"#include ","int main","return 0"
Trademark (Score:1)
If you do a search [uspto.gov] "open source" [uspto.gov] only turns up only when you do a search that shows pending marks.
QPL does this I think. (Score:1)
Nobody ever applied for a trademark (Score:1)
Digital TVs will never replace computers. They will just change things.
Mike
--
Well, Mike. Digital TV's will connect to the Net (Score:1)
Mike
--
Who needs that mailing list?!? "SLML" instead? (Score:1)
The fact that there can be entirely different interpretations of the same license makes me wonder how many of these licenses have been put together properly. This ambiguity is exactly what such a license coding would try to prevent.
Would it be possible to build an expert system which decides on compliance based on these codes?
Good idea, if the implementation is serious (Score:1)
cd
chmod -R g+rw .
chgrp -R opensource .
Thank you for your prompt attention to this detail.
-russ
OSI, this makes me happy (Score:2)
So I consider it important that I at least try. I've tried actually talking with Richard Stallman and Eric Raymond, and they don't much listen to me (but then, understandably -- I am not a prolific coder, and I have nothing like the years they do on the scene).
And hopefully, if a lot of OSI's 'supporters' and OSI's 'critics' get on the list, it won't be just me, but a lot of people trying to sort these things out.
So people, if you have an interest in keeping the Open Source trademark close to what you believe in, please join!
Multiple Licenses -- this is to evaluate new ones (Score:2)
People who want to use licenses that don't meet the requirements are free to do so, but they shouldn't call them Open Source.
Another example of a similar use of trademark that in practice works well is the way foods are marked kosher (acceptable under Jewish law). There are a number of symbols that are used, the most common one being a "U" inside an "O". The Orthodox Union monitors/supervises the production processes for foods to determine if the meet spec, and if they do, they allow the manufacturer to place the "OU" tag on the food. Manufacturers who use the OU symbol that are not under supervision get hauled into court. So the symbol indicates that an independent body has evaluated the food and determined that it meets the requirements.
This, BTW, is why trademarks are one form of "intellectual property" that I consider good in certain circumstances, because it allows people trusted by the community to set standards and evaluate products against those standards.
In the spirit of free source (my "neutral" term), it sounds like the process will be an open one.
Multiple Licenses (Score:2)
But to insist that original developers cannot use a license of their choice -- even one that they make up themselves -- is counter to the developers' freedom. Is limiting the developers' choices any different than Microsoft's efforts to limit users' choices?
Christopher A. Bohn
pedant revision (Score:2)
#include "/usr/include/stdio.h"
int main()
}{
Would have posted a diff, but it looked real nasty, as we have no access to the PRE element.
---------------------------------
"The Internet interprets censorship as damage,
Good call, OSI (Score:2)
This has been my one major frustration with the OSI lately. Their closed structure has caused them to apparently miss some important points until it was too late to correct them without losing face. This mailing list is a crucial step towards opening up.
The big questions now are, first, will the OSI's critics join the list, and participate fully in making sure there are no repeats of the ASPL debacle? Secondly, and equally importantly, will the OSI be able to listen to, and act on, the issues that are raised in the list?
This is a wonderful opportunity to begin to reconcile the OSI's proponents and opponents. Let's not blow it. Eric Raymond, Bruce Perens, our eyes are on you. In this community especially, actions speak louder than words.
Reasons for anonymity (Score:2)
By removing company and product names from the discussion, the discussion will focus on the licensing issues rather than extraneous discussion of company beliefs/actions/etc. I'm all for the idea... as well as the mailing list itself.
Ryan
Who needs that mailing list?!? "SLML" instead? (Score:2)
In other words, have all the different features and variations of a license represented like the Geek Code, and then be able to derive legalese and informal descriptions from it. Then a parent website which interprets the license for you, and compares it with other licenses.
The web site would also have a 'Build Your Own License' section for software authors.
What would be most useful would be to have a utility which can compare the license to other licenses and requirements, and tells you how they differ/whether they conform.
Question: is it possible to create a simple question tree (expert system) to decide whether a license is Open Source [with capital letters], or GNU [well, GNU-like], etc. ?
If this all could be done, then what's the point in having a mailing list to harumph about whether licenses conform, when you could just go to "http://www.licenses-r-us.com/", and click on 'Conformity'? =)
License Codes? (Score:2)
Having lots of different licenses expressed in a uniform way, so you can see at a glance what they mean would help a lot, I think.
Mumbleco Corporation's lawyers won't find a standard license which says exactly how they want to license their new Widget Pro(TM) software. So they'll create their own. If they've got the option of doing that, but in a nice clean uniform agreed way, it's a good compromise.
We can't even hope that all the big players will stick to a single license, so let's not bother.
its a start (Score:2)
And of course, the 'chameleon' licenses are all mutually exclusive so you'll never be able to combine code in a safe and sane way.
QPL does this I think. (Score:2)
The major problem is that as far as I know, the phrase Initial Developer has not been tried in court. It is used to denote the original copyright holder to the oldest included code, but that can rapidly become fuzzy if you include code from other sources.
You also have the difficulty that you cannot revoke an Initial Developership, so you may be in the clear as long as you include code from one other source (altho they retain rights to the code that you will not have), but if you have two different sources where you get code with two different Initial Developers, then you're in a very precarious legal situation. You'll probably end up with an illegal work (since the QPL includes a disclosure clause it would be illegal to even create such a work for private use).
QPL and GPL, both viral, both allow charging. (Score:2)
The QPL is just slightly incompatible with the GPL and it lacks the extensive history and knowledge on its legal effects.
QPL does this I think. (Score:2)
Re-read your Friedman (Score:2)
p.s. yes, unions, lobbies and all the rest are indeed bad.
mail to license-discuss-subscribe@opensource.org (Score:2)
-russ
Good idea, if the implementation is serious (Score:2)
So, thanks to openprojects.net, we have a shiny new home with lots of bandwidth, and once we move there, a mailing list manager of some repute.
-russ
Impracticality of GPL? Or unmarketability? (Score:2)
This is what people don't get.. no one is being forced to release GPL code. No one is being forced to *use* GPL code. The *only* thing the GPL does is allow programmers who don't want their code to be commercially exploited, to have an avenue of release.
So what if commercial interests dislike the GPL? GOOD. THEY'RE SUPPOSED TO. THAT MEANS THE GPL IS DOING IT'S JOB.
Rob Warren
aleris@iag.net
Bad approach (Score:3)
Honestly, I don't use the words "open source" any more. Its plain wrong how they have twisted words around to imply they are owners/founders of this movement that has been going on for many years.
The whole idea of "free software" being determined by a "service mark" or having an organisation tell others who is free or not, or who has the right to use certain words, is a contradiction in terms.
However well-meaning some proponents of this may be, this just a step in the direction of certification programs, professional organizations, unions, lobbies, and similar horrors. Read Milton Friedman on the subject.
Anyone interested in applying, defending, or embracing some buzzword or other abstraction is just living in some groups' consensual hallucination. There are only trees... don't try to define what a forest is, who deserves to belong to it, or where the boundaries are.
Bad approach (Score:3)
After ESR blasted those who dared to go public on their criticism of the APSL, and denigrated the intelligence, integrity and maturity of
Anonymizer? Have they been reading too much Dilbert? Are they afraid of being nuked by Gates? Give me a break. Any company who is not willing to have an OPEN discussion of its OPEN source licence is not really interested in OPENing themselves up to the world. And if so, who cares? Most of us, I'm sure, have better things to do with our time then support a PR campaign of some greedy corporation riding the latest buzzword bandwagon.
In short, the OSI is becoming more marginal and irrelevant the harder it tries to "lead."
Might well be an improvement (Score:3)
I have not been happy with some of the OSI's actions and with its organisational structure. But I know a potential improvement when I see it. This mailing list is. I urge those interested in free software licensing issues (e.g. the debian-legal subscribers and misc.int-property and misc.legal.computing readers) to join. License dissemination is best done in the open.
And now that work is done on reorganising SPI [spi-inc.org] into an open and democratic organisation (join the spi-general list if you're interested), it will hopefully be able to manage the Open Source mark itself in the not too distant future.
``Things Hackers Detest and Avoid'' (Score:3)
Exercise: Construct a sentence using at least three of the things hackers detest and avoid.
Example:
*See Aesop's Fables [stevens-tech.edu]; specifically, those relating to the Fox.
The quote contained herein is derived from the campaign slogan of the 1992 Democratic party candidates for the presidency of the United States; William Clinton and Albert Gore. It is believed to be in the public domain, and thus derived works do not present any legal problems. If that is not the case, fuck you.
This program is free software; you can redistribute it and/or modify it under the terms of the GNU General Public License as published by the Free Software Foundation; either version 2 of the License, or (at your option) any later version.
This program is distributed in the hope that it will be useful, but WITHOUT ANY WARRANTY; without even the implied warranty of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. See the GNU General Public License for more details.
You should have received a copy of the GNU General Public License along with this program; if not, write to the Free Software Foundation, Inc., 59 Temple Place - Suite 330, Boston, MA 02111-1307, USA.
*/
/* Compile with '-o remember'. Run at least once a day for best results.
*/
main(){
}
---------------------------------
"The Internet interprets censorship as damage,
Not likely (Score:3)
Let's be clear about what is at stake. The OSI is an effort to bring the practicalities, as well as the freedoms, of open-sourced software to the corporate world. In doing so it is trying to make the software world a better place. Who knows whether they will succeed, or are even on the right track. The worst that can happen is that the PHBs sieze on the notion of Open Source, fail to comprehend it and screw up, and move on to the next software fad. The future of Linux, and of free software, is NOT at stake. In other words, we stand to gain if the OSI succeeds, but we do not stand to lose if it fails.
The prospect of Linux, or the free software community in general, selling its soul and becoming corporate or proprietary is nearly impossible. There are several reasons for this.
Useing the Open Source Namesake as a selling point (Score:3)
It's about market forces where just about everything is driven by financial initiatives, and now Open Source is one of them. There is of course more than just a buzzword with the label. It is a process and philosophy, and if by adopting and co-opting that process and philosophy the company gains, so does Open Source, as a vindication of the processa and a legitamitzation of the concept, that it indeed is workable and useable in the marketplace.
I'm not so sure I can agree with you that there lies a beauty in the elite nature of the movement and its software. I find it hard to envision any justification in which the term elite can be applied in a positive manner. An elite cadre of programmers describes the top notch talent of the programmers. Open Source being elite just seems to be a form of discrimination and arrogance, as it is a philosophy and a practice, not a social standing or ranking.
Open Source's strength and power would not be diluted even if everyone and their brother use the operating system and software associated with Open Source. The concepts and philosophies don't get watered down, don't get diluted by usage, and likewise it's elitist nature doesn't make it powerful. This sounds suspiciously similar to the arguments and rationalizations of devout Mac-heads or OS/2 proponents. Elitism is only justified by actions and respect, not by the trappings and choices you make. Using Linux, driving a Lexus, eating caviar does not make one Elite. Being able to scan and debug assembly in machine code, write 3d engines in a bored afternoon stupor, or surfing the jaws of Hawaii with the best are all examples of being elite.
Open Source should not become an issue of Us vs Them. As a philosophy I can understand the desire to remain unsullied, unpolluted, undesecrated by commercial interests, but it is also a practice and a principle which can be applied, and that any enterprising business would be stupid to just ignore out of hand.
AS
Soapbox Mode (Score:3)
Disclaimer out of the way, I'll continue with the rant. Open Source seems to be two things that are tied together by the people involved. A philosophy of sharing, openness, cooperation and interoperability, and a practice of which involves massively distributed parallelism, high turn around and response, self involvment through self interest, and the end result of increased participation and code quality.
I'm sure many businesses could care less about the philosophy while expressing interest in the practice. These are not individuals we are speaking off, but corporate entities with a dedication to output and income. As such they may seek to incorporate the many strengths and benefits of Open Source without changing their own corporate culture, but I really can't see that happening. The process will change them by its very nature.
I would extend an analogy; Open Source is akin to stock options or performance based bonuses, in which an individual's choices and performance are reflected in their rewards. For many the reward can be seen in an excellent sample of code, a working piece of software, the esteem and respect of their peers, or getting their hardware operational. Traditionally non Open Source models used a paycheck as reward for any and all of those; pay an individual to slave away to produce those results. Open Source models would instead substitute more code and more problems as a reward, to be worked on, analyzed, and dissected.
It would seem that in traditional models the reward is the ends, and the work the means. Perhaps in Open Source it is the path and the journey which are the reward, with no real ends in sight. The value of the process is inherent in the process itself, though of course pleasure and happiness exists with a working end product. I suspect that for many involved in Open Source the act of coding and programming is a joy and an ends in of itself, and a working end product merely a beneficial side effect of the process. IE, nature enthusiasts enjoy the hike and the climb as much as the waterfall or cliffs or lake at the end of their journey, if not more.
That being said, I don't see how a company can tap into Open Source and remain closed and proprietary at the same time. If the supporters and contributors don't or can't have access to the final product, they won't know that their contribution means anything at all, or worse yet, if they have to buy the product they contributed, they have to pay just to see the fruits of their labors, if it even got included!
It may seem contradictory to espouse the value of the journey and then speak of the end product, but in any journey one ostensibly has a goal, even if it is never reached or seen. It is the destination one is walking towards, rather than just walking in circles, even as one enjoys and absorbs the value of the journey itself.
This is just an observation of one who is surrounded by OS geeks and nerds(I'm a CS major at Caltech!), by Slashdot, and the chaos that is the www, as well as a sometime student of economics and philosophy...
Comment away!
AS
Useing the Open Source Namesake as a selling point (Score:3)
Just my worthless meandering.
Archive and subscription confirmation (Score:3)
-russ
I guess they do listen (Score:4)
Now OSI needs to follow up on this, and actually listen to and participate on this open list. If this list is not used by OSI in the decision making process, the list gives the community nothing. Only time will tell how successful this move is.
If OSI respects the opinions of people on the list, the actions of OSI and the process by which licences are approved will be much closer to the open model some people wanted for OSI from the start.
The idea of having anonymity for the companies proposing licences is good for two reasons. First it will allow companies thinking about releasing source code to keep their internal decisions private until they want to tell people about it. Also it should make list members more objective about what they are reviewing (would you be more critical of a new proposed open source licence from Microsoft or one from companies you may consider friendly like Netscape or Cygnus?).
The other thing needed for this list to succeed in its goal is for the right people to subscribe (this means both ESR and Bruce Perens among others -- I hope they can stay civil).