Subject: Re: Are implicit dual-licensing agreements inherently anti-open?
From: David Barrett <dbarrett@quinthar.com>
Date: Tue, 19 Jul 2005 17:31:28 -0700

Chuck Swiger wrote:
> David Barrett wrote:
>> If so, this still leaves the question of whether or not it's
>> legally enforceable.  Has anyone any opinion on this?
> 
> I'm not sure that this question is completely useful.  Lots of 
> OSI-approved licenses contain clauses which are not enforcable 
> everywhere (disclaimer of all liability comes to mind), or which
> would require a countersigned contract agreement rather than "consent
> implied by usage or clickwrap".

Ok, that's even better -- I'm eager to limit discussion to the minimum 
that is useful.

I'm just trying to figure out how to move the discussion forward toward 
conclusion.  Alex mentioned that he's gone up to step #4 in the approval 
process:

	http://www.opensource.org/docs/certification_mark.php#approval

#5 includes discussion on this list, of which there has been plenty.

#6 is defined as:
> If license-discuss mailing list members find that the license does
> not conform to the Open Source Definition, they will work with you to
> resolve the problems. Similarly, if we see a problem, we will work
> with you to resolve any problems uncovered in public comment.

On this note it sounds like we've generally agreed the OVPL is 
consistent with the OSI definition of "open source", albeit might not be 
"free" or "fair" (or even "open") as defined by others.

The one remaining hole I see is to what degree the OSI interprets its 
principles (especially the redistribution and no-discrimination clauses) 
so as to prevent granting the ID additional rights -- specifically the 
right to relicense.  I think anywhere between "yes" and "no" can be (and 
has been) competently and reasonably argued with a clean conscience. 
However, I don't see how more discussion can bring us closer to closure 
on this, as in the end it's a judgment call by the OSI board.

Would you agree with this summary?  If not, how would you enumerate what 
remains to be discussed on this list before it's left to the OSI board 
to make a judgement?

-david