Subject: Re: For Approval: NASA Open Source Agreement Version 1.1
From: Robin 'Roblimo' Miller <robin@roblimo.com>
Date: Fri, 13 Feb 2004 23:12:11 +0530



>     F. In an effort to track usage and maintain accurate records of the
>     Subject Software, each Recipient, upon receipt of the Subject
>     Software, is requested to register with NASA by visiting the following
>     website: ______________________________.  
> 
> Note that each recipient is requested to register, not merely each
> recipient who downloads the software directly from NASA.  If this were
> a requirement rather than a request, then I think the license would
> not be OSD-compliant.

I have no personal problem with this. I'm sure NASA's reasons for 
gathering user information are totally benign, and that if their people 
can show that many individuals and companies benefit from thei work, it 
will help them get scarce budget dollars from Congress.

But I don't think this really belongs in the license itself, any more 
than a request for all users of your software to (voluntarily) smile at 
their neighbor once a day, even though it certainly would be nice if we 
all smiled at each other a little more.

I like licenses to be as simple and clear as possible. Therefore, I ask 
NASA, please, to consider removing the "tracking" clause from the 
license itself and make the request elsewhere. Another person thought it 
should be in the "readme" file. I agree. The documentation is probably 
the best place for this request.

On the indemnification clause... Isn't a simple "no warrenty" disclaimer 
of liability enough? I'll defer to Larry and the other lawyers as to 
whether or not this clause has anything to do with the license's 
OSI-worthiness, but in the interests of simplification I would 
personally rather see it removed.

- Robin 'Roblimo' Miller
   U.S. Taxpayer




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