Subject: RE: OSI certification mark and BSD licence
From: "Lawrence E. Rosen" <lrosen@rosenlaw.com>
Date: Tue, 22 Oct 2002 10:08:17 -0700

> YAAL, but what's the source of Licensor's enforceable 
> obligation, seeing that Licensee need not accept the AFL 
> merely to use the software? I smell a nudum pactum.
> 
> (To which the response is:  "I feel a draft." :-) )

Licensor under the AFL (and the OSL) has an obligation to make the
source code available to his licensees, whoever they may be.  Any
licensee who accepts the license may enforce the license against the
Licensor.  If any person wants to get the source code, he must merely
become a licensee.  Utter the following magic words at midnight on a
drafty Friday the 13th:  "I, Licensee, do hereby take you, Licensor, up
on your obligation to make the source code available, pursuant to the
'License to Source Code' section of the license."  

Then wait patiently for the draft to abate and the light of reason shall
shine down upon the earth.

Here's what a Licensor should say in the notices in or on his software:

   (C) Copyright <year> <name of Licensor>
   Licensed under the Academic Free License v.x.
   Source code available at www.licensorwebsite.com/source.

/Larry Rosen

--
license-discuss archive is at http://crynwr.com/cgi-bin/ezmlm-cgi?3