[od-discuss] v2 - use

[Herb Lainchbury]

We could turn the former "fields of endeavour" text into a comment to make
it clearer:

1.1.1 Use
The license must allow the use of the licensed work.

1.1.6 Impartiality
The license must treat all persons or groups of persons equally.

1.1.8 Application to Any Purpose
The license must allow use, redistribution, modification and compilation,
by any person or group of persons, for any purpose.

Comment:
The license must not restrict anyone from making use of the work in a
specific field of endeavor. For example, it may not restrict the work from
being used in a business, or from being used for genetic research.

Comment: The major intention of this clause is to prohibit license traps
that prevent open material from being used commercially. We want commercial
users to join our community, not feel excluded from it.

Comment: this is adapted from item 6 of the OSD.

----

"I also wonder re-reading now whether we need something about charging in
the license section"

I think it does make sense to add another condition in the license section
about charging.

Here is my first attempt.  note: It doesn't allow for "reasonable
reproduction costs" as 1.x does.  I can't think of a reason to leave that
door open, nor can I think of an current example of open data were the
publisher charges.  Would be happy to hear about examples that mean that
this allowance should be left in.


1.1.x Gratis
The license must not impose any fee arrangements, compensation or monetary
remuneration as part of it's conditions.


Herb



On Tue, Mar 25, 2014 at 9:54 AM, Rufus Pollock <rufus.pollock at okfn.org>wrote:

> Hmmm. I'm not sure here. I think it might be good to keep item 1 really
> simple and just say use and then reserve for any purpose to 1.1.8 (where we
> can also be super clear about commercial being ok in the comment or text).
>
> I also wonder re-reading now whether we need something about charging in
> the license section (I know we have it in access) but is also a key aspect
> of the license (i.e. license cannot impose any fee arrangement as part of
> its conditions).
>
> Rufus
>
>
> On Tuesday, 25 March 2014, Herb Lainchbury <herb.lainchbury at gmail.com>
> wrote:
>
>> In my previous note:
>>
>> https://lists.okfn.org/pipermail/od-discuss/2014-March/000807.html
>>
>> I mentioned that I think there is some redundancy in the v2 conditions,
>> which I would consider eliminating if it makes sense.
>>
>> Specifically, condition 1.1.1 states:
>>
>> 1.1.1 Use
>> The license must allow the use of the licensed work for any purpose.
>>
>> and condition 1.1.6 states:
>>
>> 1.1.6 Impartiality
>> The license must treat all persons or groups of persons equally.
>>
>> while condition 1.1.8 states:
>>
>> 1.1.8 Application to Any Purpose
>> The license must allow use, redistribution, modification and compilation,
>> by any person or group of persons, for any purpose. These rights must apply
>> independently of other legal agreements, without any obligation to agree to
>> additional terms.
>>
>> It seems to me that the first line of 1.1.8 is simply a combination of
>> 1.1.1 and 1.1.6.  I like having them as separate items rather than a
>> combination as it makes it easier to test a license for conformance and
>> easier to be specific on what's wrong in the case of non-conformance.
>>
>> I believe the second line of 1.1.8 is new.
>>
>> Does this seem correct to others?  Is the first line in fact redundant?
>>  Is the second new?
>>
>> If so, I recommend we remove 1.1.8 and move the new line to the "ideas"
>> document for later consideration.
>>
>> Thoughts?
>>
>> --
>> Herb
>>
>
>
> --
>
>
> * Rufus Pollock Founder and CEO | skype: rufuspollock | @rufuspollock
> <https://twitter.com/rufuspollock> The Open Knowledge Foundation
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>


-- 
Herb Lainchbury
Dynamic Solutions Inc.
www.dynamic-solutions.com
http://twitter.com/herblainchbury
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