Subject: RE: a proposed change to the OSD
From: Russell Nelson <>
Date: Sat, 26 Oct 2002 13:03:52 -0400 (EDT)

Lawrence E. Rosen writes:
 > Do you really mean:
 > A license may not restrict use or modification by the possessor of a
 > lawfully obtained copy of a work.

That's what I mean.  How can you use or modify something unless you
possess it?  Remote control??

But I'm not sure that this particular term prohibits click-wrap.  For
example, a warranty disclaimer would restrict neither use nor

 > On the other hand, this provision, either your wording or mine, might
 > conflict with the following provision in the OSL:
 >    5) External Deployment. The term "External Deployment" 
 >    means the use or distribution of the Original Work or 
 >    Derivative Works in any way such that the Original
 >    Work or Derivative Works may be accessed or used by
 >    anyone other than You,

I want the terms to be interpreted to mean that private use and
private modifications may never, under any circumstances, be
restricted.  I'm fine with the idea that letting other people use code
you have modified is distribution of a derived work.

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