Subject: OSL/AFL version 2.1 submitted for approval
From: "Lawrence E. Rosen" <>
Date: Wed, 24 Mar 2004 22:39:17 -0800

 Wed, 24 Mar 2004 22:39:17 -0800
Please review and approve version 2.1 of the Open Software License and the
Academic Free License. 
   OSL 2.1 is here:
   AFL 2.1 is here:
   Redline of OSL 2.1 and 2.0 is here: 
The changes to the OSL and AFL are identical. The only substantive change
replaces section 10 with the following:

   10) Termination for Patent Action. This License shall terminate
   automatically and You may no longer exercise any of the rights 
   granted to You by this License as of the date You commence an 
   action, including a cross-claim or counterclaim, against Licensor
   or any licensee alleging that the Original Work infringes a patent. 
   This termination provision shall not apply for an action alleging 
   patent infringement by combinations of the Original Work with other 
   software or hardware. 

I welcome comments on license-discuss about this change. Since the changed
provision does not affect compatibility of this license with the OSD, I also
request speedy approval of this license by the OSI Board of Directors. 
I will write separately to license-discuss to describe the reasons for this

Lawrence Rosen
Rosenlaw & Einschlag, technology law offices (   
General counsel, Open Source Initiative (
3001 King Ranch Road, Ukiah, CA 95482
707-485-1242 * fax: 707-485-1243

license-discuss archive is at