Subject: RE: A new "use" clause in the OSD
From: "Lawrence E. Rosen" <lrosen@rosenlaw.com>
Date: Tue, 6 Aug 2002 09:27:50 -0700

My preference is for a clause that is more general and doesn't list only
the things we can think of today:

   OSD #10: No open source license may limit or restrict 
   a person's rights to use the software that would be
   available in the absence of a license, including their
   fair use rights under the copyright law.

By the way, Russ, how did you jump to OSD#11?  Are you saving OSD#10 for
something REALLY IMPORTANT?  :-)

/Larry Rosen

> -----Original Message-----
> From: Russell Nelson [mailto:nelson@crynwr.com] 
> Sent: Tuesday, August 06, 2002 7:41 AM
> To: license-discuss@opensource.org
> Subject: A new "use" clause in the OSD
> 
> 
> We need to introduce a new clause into the OSD.  The new 
> clause must specify what restrictions on user activity are 
> allowed.  Here is my
> suggestion:
> 
> OSD#11: A license must not restrict the use or modification 
> of the software in any way except the following: it may 
> disclaim warranties, it may grant limited patent use rights, 
> it may specify arbitration, it may suspend use rights if the 
> user sues for patent infringement, and it may prohibit 
> modifications which remove legal information.
> 
> Whether this is accompanied by an acceptance ceremony
> (e.g. click-wrap) is a different subject.  This needs to be 
> added to forestall any number of unattractive terms such as 
> those showing up in 
> Microsoft EULA's and which are not otherwise prohibited by 
> the OSD now.
> 
> -- 
> -russ nelson              http://russnelson.com |  New 
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