ask for APSL? for real this time?

Andrew C. Greenberg werdna at
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 

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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