RE: Re: Open Source Licensing

Mike,

Thanks for your comments.

I used copyright to protect the license because I don't want lots of versions proliferating around the world. OSI's certification mark applies to software that is licensed a particular way, not to licenses themselves.

/Larry

> -----Original Message-----
> From: CNI-COPYRIGHT -- Copyright & Intellectual Property
> [mailto:CNI-COPYRIGHT[_at_]cni.org] On Behalf Of Mike Oliver
> Sent: Friday, August 22, 2003 9:18 AM
> To: CNI-COPYRIGHT -- Copyright & Intellectual Property
> Subject: [CNI-(C)] Re: Open Source Licensing
>
>
> Lawrence E. Rosen wrote:
>
> >Mike, do you think the Open Software License
> >(www.rosenlaw.com/osl2.0.html) solves those problems? Introduces
> >problems? /Larry
> >
> Larry: Your license is in proper form, and does not use the
> ambiguous
> language that the GPL/LGPL does. It still has that patent
> clause that I
> wonder about in terms of enforceability (as between the
> parties, I think
> it is enforceable, I just wonder about whether it flies if
> the licensee
> asserts its patent rights against a third party), however,
> your license
> has a properly worded savings clause, so even if that is a
> problem, the
> license itself is probably fine. (I don't recall whether the savings
> clause was discussed in Lasercomb - the copyright misuse case??)
>
> I hope you are successful in getting more people to use it,
> and not the GPL.
>
> (I notice you have copyrighted the license form itself, and granted a
> right to copy and distribute it, but no right to modify it
> (or publicly
> display?). I am just curious why that would be - it seems to me the
> right way to protect it [and the way I think OSI has done it] is with
> trademark rights - i.e. - a person can modify it, but if they do so
> without your permission, they cannot use the certification
> mark that OSI
> has, because the license then does not meet the standards for an open
> source license as required by OSI? Just curious.)
>
> best regards, mike oliver
> Bowie & Jensen, LLC
>
>
>
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Received on Fri Aug 22 2003 - 23:37:24 GMT