Subject: RE: OSL Version 1.0 dated 8/2/2002
From: "Lawrence E. Rosen" <lrosen@rosenlaw.com>
Date: Fri, 2 Aug 2002 11:19:34 -0700

Ken Arromdee wrote:
> Someone could refuse to accept your license (thus also 
> refusing to accept your definition of distribution).  If he 
> refuses to accept your license, he could then Externally 
> Deploy the code without being bound by the license. This 
> provision accomplishes little.

Are you suggesting that the following provision in the OSL won't work to
prevent the copying that is essential for use of a software program?

  8. Acceptance and Termination.  Nothing else but this
  License (or another written agreement between Licensor
  and You) grants You permission to create Derivative 
  Works based upon the Original Work, and any attempt
  to do so except under the terms of this License 
  (or another written agreement between Licensor and
  You) is expressly prohibited by U.S. copyright law,
  the equivalent laws of other countries, and by
  international treaty.  Therefore, by exercising any
  of the rights granted to You in Section 1 herein,
  You indicate Your acceptance of this License and all
  of its terms and conditions.  This license shall
  terminate immediately upon Your failure to honor
  the proviso in Section 1(c) herein.  

A similar provision is in the GPL.

Please note that I am not particularly worried about people merely
*using* the software in an external deployment fashion.  The real
objective is to capture derivative works through a reciprocity
obligation.

/Larry Rosen

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