Subject: Re: For approval: Open Test License v1.1
From: "Rod Dixon, J.D., LL.M." <>
Date: Fri, 9 Jan 2004 19:31:32 -0500

Hmm... If you could answer yes or no to some of my questions I could
possibly provide a helpful response. I think the way you have written the
provision containing condition 3 is problematic, but it is not apparent - -
not to me, at least - - why it is included in your software license. If you
dropped it, you might have a more viable open source license. Have you
considered protecting your "reputation" interest through trademark?
- Rod

: > Is this one way condition 3 might work? Is the intent of condition 3
: > to retain for the original copyright holder some degree of control
: > over what licensees say about test results?
: The intent is to prevent users from using standardizes test names to
: name non-standard tests and their results. Such naming would mislead
: those who read/use results and may damage OWNER's reputation.
: Non-standard tests include any violation of standard rules, including
: modification of the software if standard rules require a specific
: original version to be used.
: It is perfectly fine to use non-standard names for non-standard tests.
: No permission is needed for that and no standard rules can prohibit
: that.
: > If the answers are yes, could you provide a specific example of what
: > you are trying to prevent when you say: "We just do not want users
: > to fiddle with what is already standardized and frozen." It may be
: > easier to provide a suggestion on how to fix your clause.
: Does the above example and discussion clarify? Can the wording of
: clause #3 be improved without adding 10 terminology paragraphs to the
: license?
: Thank you,
: Alex.
: > : 3. Publication of results from standardized tests contained within
: > :    this software (<TESTNAME>, <TESTNAME>) must either strictly
: > :    adhere to the execution rules for such tests or be accompanied
: > :    by explicit prior written permission of <OWNER>.
: --
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