Subject: RE: For Approval: HAL, Hermes Attribution License
From: "Lawrence E. Rosen" <lrosen@rosenlaw.com>
Date: Fri, 7 Nov 2003 10:13:43 -0800

 Fri, 7 Nov 2003 10:13:43 -0800
You ought to consider the Open Software License.
[http://opensource.org/licenses/osl-2.0.php]

It requires those who create derivative works to publish their source code
but, unlike the GPL, it allows licensees to distribute those derivative
works for a fee.  (The GPL's "at no charge" language is not present in the
OSL.)  Of course, since the OSL is reciprocal, basic economic law predicts
that the price of such derivative works will approximate their marginal cost
of production and distribution.

The OSL protects everyone's copyright and patent interests.  It also
encourages attribution notices to protect the original authors from being
associated with unacceptable derivative works.

If I'm reading your email correctly, I think this may address your concerns.

/Larry Rosen

> -----Original Message-----
> From: Staff di Filosofiateoretica.it 
> [mailto:info@filosofiateoretica.it] 
> Sent: Friday, November 07, 2003 4:58 AM
> To: license-discuss@opensource.org
> Subject: For Approval: HAL, Hermes Attribution License
> 
> 
> We need a new kind of license different from previously 
> released, similar to 
> the GPL open source license but able to protect and to grant directly 
> intellectual rights and fees whenever the fees will come from 
> professional 
> (we think "commercial") use of the products bounded with the 
> license. These are the principal differences between our 
> license and the others just 
> approved from OSI: 
> 
> Fees:
>  - We speak of  "open source" when our intents are to offer 
> everyone the 
> possibility to study, to applicate and to upgrade the source 
> code of the 
> software (the License refers in this case to Hermes Net web 
> platform), but 
> we want also to grant everyone for the right economical 
> profits whenever an 
> application based on the core of the platform will be used 
> for any not-free 
> use (we think there are so many ways to use Hermes with money 
> profits, like 
> E-Learning, collective research, case studies, "vortal", and content 
> management used in professional structure (portal, newspaper, 
> industries, 
> private or public school,.). We don't want to have control of 
> any kind of 
> fees based on modification, personalization or adaptation of 
> the code. In 
> this case we want just a feedback of the work developed, to 
> understand and 
> offering in open source mode the eventual significative 
> upgrade of the 
> product or important related plugin. 
> 
> Intellectual right:
>  -We want to protect and grant the intellectual right of the 
> author directly. 
> Hermes is a powerful software able to create a kind of 
> hypermedia/hypertext 
> from a original document. This document belong to its author 
> and could be 
> also under copyright license (we speak about classical text 
> for example, or 
> about poetry, mathematical issue, newspaper articles and so 
> on.). So, if we 
> have an original production which will envolves in a 
> different way creating 
> a sub-web-network of collective derived production then we 
> will consider 
> these productions as author-based "copyrighted" work too, 
> whose grants are 
> the same of the original text. Everytime is used a text that 
> violates the 
> intellectual rights of author the responsability is only of the 
> administrator (single or team) of the platform. Otherwise 
> whenever a text is 
> created and offends anyone, or is immoral, or could be 
> dangerously for its 
> content, only the author is to be considered responsible for 
> his own work. 
> 
> We think there are no problems with others open source 
> licenses, so the 
> software could interacts with other products under the same 
> license or with 
> the standard OSI approved licenses. Our license is like GPL 
> except for the 
> questions of fees and intellectual grants. Every software 
> could interact 
> with our product we have find no limitation since the date of the 
> publication. 
> 
> Best regards 
> 
> Hermes Staff 
> --
> license-discuss archive is at http://crynwr.com/cgi-bin/ezmlm-cgi?3
> 

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