RE: Re: Open Source Licensing

> >Mike, do you think the Open Software License
> >(www.rosenlaw.com/osl2.0.html) solves those problems? Introduces
> >problems? /Larry

After the Mike's opinion, here is my opinion. I am not a lawyer, sorry, but a simple translator. However a translator is a guy who is _paid by authors_ (or copyholders) to create derivative works. Based on this, I think I have some good, daily practice about what a derivative work is :)

I see 3 fatal problems in OSL (in any "viral" license), all of them related to the derivation problem.

First problem: Where is the contract ?

• Copy or derivation rights may be sold. But OSL does not sell any of these rights.

  Rights on derived works may be bought.   But OSL does not buy any right on derived works.

  Therefore, there is no contract at all.

  Anyway, the license is royalty-free: in case   of simple termination of contract by the   licensee, the licensor cannot determine economic   liability, other than zero.   

Second problem: internationalization

• The OSL refers to the Jurisdictions of licensor. Therefore, Country of licensor will be important to appreciate this license.
• "Perpetual" licenses under IP rights are unlawful in a lot of countries and explicitly prohibited.
• The same prohibition exists against licenses based upon hypothetical or future works.

  The OSL is built on the idea that a license on   an actual work (original) may apply to a future   work (derivation).

  I do not know what a lawyer thinks about this   ontological assertion, but there is no doubt that   if you request derivation services from a   professional, the invoice you will receive will   assert:

  "All rights on this work reserved until your    full payment is received" (!)

Third problem: inconsistency

  The problem is that an author can only   license rights if

• the work actually exists
• if the work belongs to the author!

  An authorA can grant the right-to-derive her   _own work_; but she cannot define the license   that another authorB would apply to his work.   Because she has no rights on his derivative work!

  No author cannot license rights on a work   which does not belong to her.

  There are two (2) rightholders in derivation:   Each of them has the same rights on their respective   versions, and none of these individuals should   make prejudice to the other.

For example, a database contains documents, code samples etc.. which are under the OSL.
All his content may be copied under the OSL.

But the database itself does not include a OSL notice. Would the database be under OSL ?

Really, I do not thing so. :)

I.R.Maturana -- http://www.in3activa.org (LPT-ESv1r3 - http://www.in3activa.org/doc/es/LPT-ES.html) Received on Mon Aug 25 2003 - 19:15:02 GMT