Subject: Re: License Proliferation and OSL 3.0
From: Alex Bligh <alex@alex.org.uk>
Date: Sat, 03 Sep 2005 01:02:56 +0100

Larry,

I think your doing this is very helpful.

I'd make a couple of drafting comments.

--On 02 September 2005 13:52 -0700 Lawrence Rosen <lrosen@rosenlaw.com> 
wrote:

> However, You may modify the text of
> this
>    License and copy and distribute your modified version (the "Modified
> License")
>    and apply it to other original works of authorship subject to the
> following
>    conditions:

This is going to be ultimately ineffective (you may already know this,
but...). This is because person A can make a modified version of the OSL
(LA) that complies with your three conditions, but modifies them. In fact
they HAVE to do to this, to meet condition (ii) (i.e. even a minimal
modification elsewhere means that a modified license must also carry a
modification to 10(ii) such that it no longer refers to the 'OSL' by the
second part of the sentence). Person B (or even possibly person A) can then
take A's license LA, let's call that LB. There will be no obligation on B
to make LB conform to the three OSL conditions, for refer to the OSL,
because 10(ii) of LA (if it exists at all) cannot prohibit LB referencing
the OSL because LA cannot mention the OSL.

Further, 10 prevents you even being given credit for the OSL (for instance
writing "This licensed is derived from, but is not, the OSL, details of
which may be found at [...]". This may be intentional given you have no
control over derivatives.

Alex