Subject: RE: Legal soundness comes to open source distribution
From: "Lawrence E. Rosen" <lrosen@rosenlaw.com>
Date: Wed, 14 Aug 2002 09:24:24 -0700

> Carol A. Kunze wrote:
> This is very helpful.   I would add to this list of issues 
> the consequences of
> requiring distributors/programmers to enter into complex 
> agreements which you need a lawyer to fully comprehend.

One of the benefits of the OSI Certified certification mark is that
users of such certified software can be assured that the licenses are
OSD compliant without having to read and understand the entire license.

Of course, that makes it even more important for the OSD to be precise,
and for the OSI board to be rigorous and not arbitrary in its review of
licenses.  That's another reason why I don't like Rick Moen's suggestion
that OSI merely apply the "rule of reason" to its license approval
process.  I have informed the OSI board that, under trademark law, they
cannot be arbitrary and capricious and still retain ownership of the
certification mark.

/Larry

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