Subject: RE: Apache chairman: Days numbered for commercial software
From: "Lawrence Rosen" <lrosen@rosenlaw.com>
Date: Fri, 24 Mar 2006 09:05:35 -0800

Russ Nelson wrote:
> The license for software which is not distributed is moot.

The meaning of "distributed" can be defined in the license. For example:

   5) External Deployment. The term "External Deployment" means the use,
   distribution, or communication of the Original Work or Derivative Works
   in any way such that the Original Work or Derivative Works may be used 
   by anyone other than You, whether those works are distributed or 
   communicated to those persons or made available as an application 
   intended for use over a network. As an express condition for the grants 
   of license hereunder, You must treat any External Deployment by You of 
   the Original Work or a Derivative Work as a distribution under section
   1(c). [OSL/AFL 3.0]

/Larry Rosen

-----Original Message-----
From: Russ Nelson [mailto:nelson@crynwr.com] 
Sent: Friday, March 24, 2006 8:59 AM
To: fsb@crynwr.com
Subject: Re: Apache chairman: Days numbered for commercial software

Seth Johnson writes:
 > Commercial, closed source software will not go away "because
 > there's so many small niches that people will be able to exploit
 > or be able to make commercial solutions off of," D'Amours said.

At that point, there is no difference between the price of a
proprietary solution and an open source solution that you immediately
sell to the entire market.

 > Even licenses associated with Google (Profile, Products,
 > Articles), where Stein is employed, Yahoo and MSN are closed, he
 > said. "Their software is also closed. It's proprietary; you can't
 > get at it," said Stein.

The license for software which is not distributed is moot.

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