ask for APSL? for real this time?
Andrew C. Greenberg
werdna at mucow.com
Sat Jan 10 00:00:57 UTC 2004
Two parties disputing what licenses apply to what software, whether
works by persons having access to code are derivative or not, and
whether one or another license controls the right to the software?
Look to SCO for an example.
I tried, so far as I can, to explain that the one, clear and
fundamental question that will make Squeak useful for a particular
purpose is whether it is CLEAR or not what one can do with it. Where
the distributed image has code licensed under a plurality of licenses,
and the possibility of disputes over whether works are or are not
derivative in an open source community, having competing or plural
licensing is a recipe for failure.
EVERY CORPORATE COUNSEL looks to its IP lawyers for clear and
unequivocal advice before moving forward with a project. As soon as
the answer gets complicated, the answer is already decided -- let's do
something else. More finished film projects in the can have DIED
because of last-minute clearance issues. Likewise books and likewise
code.
Folks, we need to keep this simple, as simple as we can possibly make
it -- but no simpler.
I recommend one plan:
a) seek consensus as to the form of a license;
b) seek to get unianimous consensus of stakeholders on the license; and
c) convert
alternatively, just deal with Squeak-L, or where we cannot use code
otherwise because the code is subject to too-limiting licenses such as
GPL or LGPL, dual licensed third party code for plug-ins and the like.
On Jan 9, 2004, at 12:29 PM, Lothar Schenk wrote:
> Andrew C. Greenberg wrote:
>
>> It is my conclusion (a considered view of a seasoned
>> intellectual property attorney) that plural licensing will kill the
>> project and make it absolutely impossible to make changes in the
>> future.
>
> Please give an example why you think this is so. I'd like to
> understand where
> you see the difficulties.
>
> Lothar
>
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