Subject: RE: OVPL & "Otherwise Make Available" (was RE: Change ot topic,back to OVPL)
From: "Lawrence Rosen" <lrosen@rosenlaw.com>
Date: Fri, 26 Aug 2005 13:28:22 -0700

> > External deployment occurs in the OSL when the software is 
> > "used by anyone other than You," not when it merely 
> delivers email to 
> > those people.
> 
> Does the prior discussion change this?

Not yet.
 
> I think the OSL would apply to the people responsible for 
> setting up the mail server at their organization, assuming 
> they were to run SMTP software licensed under the OSL.  But 
> the OSL would not be applicable to people sending mail *to* that site.

More precisely, the SMTP software licensed under the OSL would be considered
*distributed* to the people responsible for setting up the mail server at
their organization (whether that is *external* depends on how "You" is
defined), but *not distributed* to people (e.g., named Joe Friendly
Stranger) sending mail *to* that site.

> And it would also not apply to Jane Random User who simply 
> sends mail via her organization's SMTP server...?

I think, in common parlance, we often say that Jane is "using her
organization's SMTP server" to process her email. So if Jane is an employee,
she's part of "You." If Jane is a public user of an ISP ("You") that
provides SMTP services to the public, then I'd call that an "external
deployment."

I think we need to distinguish Jane Random User from the Joe Friendly
Stranger who just happens to send Jane some email.

Is that closer?

/Larry

Lawrence Rosen
Rosenlaw & Einschlag, technology law offices (www.rosenlaw.com)
3001 King Ranch Road, Ukiah, CA 95482
707-485-1242  *  fax: 707-485-1243
Author of "Open Source Licensing: Software Freedom and 
   Intellectual Property Law" (Prentice Hall 2004) 
   [Available also at www.rosenlaw.com/oslbook.htm]
 
 

> -----Original Message-----
> From: Chuck Swiger [mailto:chuck@codefab.com] 
> Sent: Friday, August 26, 2005 11:47 AM
> To: lrosen@rosenlaw.com
> Cc: license-discuss@opensource.org
> Subject: Re: OVPL & "Otherwise Make Available" (was RE: 
> Change ot topic,back to OVPL)
> 
> Lawrence Rosen wrote:
> >> Is making the output of a program publicly available "external 
> >> deployment"?
> > 
> > In OSL, no.
> 
> Agreed.
> 
> >> Is making a program available for remote execution "external 
> >> deployment"?
> >  
> > In OSL, yes.
> > 
> > Or at least that's what I intended. Do you also read 
> section 5 that way?
> > (See www.rosenlaw.com/DRAFT-OSL3.0.pdf.)
> 
> Yes, I read it that way.
> 
> OK.  Let's return to an earlier comment:
> 
> > Nope.  External deployment occurs in the OSL when the software is 
> > "used by anyone other than You," not when it merely 
> delivers email to 
> > those people.
> 
> Does the prior discussion change this?
> 
> I think the OSL would apply to the people responsible for 
> setting up the mail server at their organization, assuming 
> they were to run SMTP software licensed under the OSL.  But 
> the OSL would not be applicable to people sending mail *to* that site.
> 
> And it would also not apply to Jane Random User who simply 
> sends mail via her organization's SMTP server...?
> 
> --
> -Chuck