Subject: Re: Request - University Jaume I License.
From: Bruce Perens <bruce@perens.com>
Date: Tue, 03 Jun 2008 01:29:22 -0700

Hi Paul,

Requiring email permission is the same as saying "no" and "never" in the 
license. If someone asks your permission through email and you give it, 
that permission is a separate license, not really connected with the 
license you sent to this list.

So, the short answer would be "no, you can't do that in an Open Source 
license". In general, we've found that inclusion in distributions that 
cost money, like Red Hat or even Microsoft Windows, does not harm the 
software author or anyone else. There's always another way to get the 
software for free, so nobody's going to make a lot of money on your 
code. "Reciprocal" licenses like the GPL are a good way to keep a 
company from running away with your software, since GPL would require 
them to release their modifications with the same rights as yours.

I feel your submission is best treated as a question about Open Source 
licensing rather than a license to be approved. If the OSI were to 
approve such casually submitted licenses, there would be harm to the 
community because software developers would have a tremendous legal load 
to analyze all of the available licenses and their combinations before 
the put together software under different licenses into a single 
program. That load is already much too large today.

I don't speak for OSI, but I created the rule set that OSI uses, for 
another project, about 10 months before OSI formed.

    Thanks

    Bruce

Paul Santapau wrote
> Dear license reviewrs, 
>
>   I would like you to consider that formal request to review the license
>   pasted below in order to OSI inclusion. 
>   
>   I have been thinking about the proliferation category it will fit but 
>   I am still having some doubts, I suppose the correct category will be 
>   one of "Special purpose licenses" or  "Other/Miscellaneous licenses".
>
>   I'm also have a doubt with the point 1 of the Open Source Definition when 
>   it states that 
>
>     "shall not restrict any party from selling or giving away the software 
>       as a component"
>
>  I have also doubts if our license meets this requirement or not as far as 
>  sending an email or ask for permission can not be seen as a restriction.
>
> I will be very thank for any feedback on that.
>
> Thank you very much.
> Yours faithfully, 
> Paul. 
> 	
>
> -------------------------------------------------------------------------
>                            Non comercial 
>                 University Jaume I License. 
>
> 1. This program can be executed by the end user 
>     without any restriction.
>
> 2. Anyone is authorized for copy or modify the program
>    with non comercial purposes by any means with the
>    only limitation of  keeping on each copy a mention to 
>    the author of the program and an exact copy of these 
>    license conditions and the disclaimer of the warranty. 
>
> 3. Any software modification must be reported to the author
>     through an e-mail for the correct software  monitoring.
>
> 4. Copying, usage or distribution of this software implies 
>     the acceptance of this conditions.
>
> 5. Any kind of distribution of this software for commercial
>     use,  must be expressly authorized by the author.
>
> 6. Copying and distribution of this software, implies the 
>     aplicance of the present conditions to the recipient.
>     The distributor cannot stablish additional conditions that
>     limit in any way the ones stated here.
>
>
> Disclaimer of Warranty.
> This program is distributed for free. The author, neither offers
> any warranty on this software nor accept any responsibility for
> its use or inability to use it.
>
> -----------------------------------------------------------------------------------
>