Subject: Re: For Approval: Microsoft Public License
From: Rick Moen <>
Date: Wed, 10 Oct 2007 19:53:41 -0700

Quoting Matthew Flaschen (
> Chris Travers wrote:
>> Really?  When I asked about PostgreSQL's version of the BSDL,
>> everyone said that approval wasn't necessary to call it open source.
> I would say it's always better to get the license approved before
> calling it open source.  The obvious corollary is that you should try
> to use an existing approved license if possible.
> However, if the unapproved license is simple (for instance, not like
> Adaptive Public License [] ),
> and reasonable people apparently all agree it's OSD-compliant, it's
> not a big deal to call it open source.  I do think these two Microsoft
> licenses are clearly open source, so it doesn't bother me that much
> that Microsoft's calling them open source in the interim (though it
> would be better to wait).  On the other hand, licenses like Microsoft
> Limited Community License (which can only be used for Windows software
> development) are clearly not open source, so if Microsoft is calling
> them open source (which B Galliart apparently saw) that bothers me.

I concur right down the line with Matt, here -- and also with the rest
of his post -- and appreciate his addressing the matter so deftly.

My point earlier was NOT AT ALL to criticise firms that call licences
"open source" without OSI certification -- particularly ones
self-evidently OSD-compliant, as are the two Microsoft ones -- but
rather to strongly object to Philippe's assertion that OSI lacks rights
to assert authority over that term unless it produces for his scrutiny a
"proof of registration of 'Open Source' as an exclusive trademark owned
by OSI" (Philippe's wording -- "exclusive trademark" being a nonsensical
concept, among numerous other problems).

I believe my point _should_ have already been amply clear as originally
stated, but nonetheless very much appreciate Matt re-stating it for
Chris Travers's benefit, along with any other persons who might have
been confused.

Cheers,                                 Harahefet sh'eli mele'ah betzlofahim.
Rick Moen