BitTorrent

Lawrence Rosen wrote:
> Who has the most incentive to make sure that the term
"Open Source" has
> consistent meaning in Wikipedia? And that licenses that
claim to be open
> source actually are? At least we have OSI and
license-discuss colleagues to
> help us out.

BitTorrent calls the license it wrote (based on the Jabber
license) the
"BitTorrent Open Source License" (see it at
http://bittorrent.c
om/license.myt ). The folks at BitTorrent have never
submitted it to OSI for approval, but because the
modifications they
made to the Jabber license (which is approved) are so
minute, IF it ever
were submitted by its stewards, then I would bet it would be
approved.

But if you don't want people to include the phrase
"Open Source" in the
name of their license unless it is in fact OSI-approved,
then OSI could
simply ask BitTorrent to submit their license for formal
approval to
resolve that (or OSI could step back from its current policy
of
requiring steward-submission and simply opine on its status
without
being formally asked).

Maybe it makes sense in the case of software licenses to
worry about the
usage of the phrase "open source" but in dozens
of other usages the
toothpaste is already out of the tube and there's not going
to be any
stopping people from talking about "open source
politics" or "open
source biology" or what-have-you.

Brian Carver

Brian C wrote:

>But if you don't want people to include the phrase
"Open Source" in the 
>name of their license unless it is in fact OSI-approved,
then OSI could 
>simply ask BitTorrent to submit their license for formal
approval to 
>resolve that (or OSI could step back from its current
policy of 
>requiring steward-submission and simply opine on its
status without 
>being formally asked).

>Maybe it makes sense in the case of software licenses to
worry about 
>the usage of the phrase "open source" but in
dozens of other usages the 
>toothpaste is already out of the tube and there's not
going to be any 
>stopping people from talking about "open source
politics" or "open 
>source biology" or what-have-you.
____________________________________________________________
___________


My response:

On what basis can OSI preclude anyone from designating their
software
license as "open source"?  I am new to this
list, but I cannot comprehend
how OSI would have the legal right to preclude anyone from
using the phrase
"open source" in any fashion.  OSI could,
however, prevent a party from
claiming that its license is OSI-approved...

Dave
David A. Temeles, Jr.
Temeles & Temeles, PC
703.354.7905 x 230 (Tel)
703.354.7905 (Fax)
dtemelesnvalaw.com
1616 Anderson Road, Suite 101
McLean, VA 22102

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-----Original Message-----
From: Brian C [mailto:brianwcocf.berkeley.edu] 
Sent: Friday, April 21, 2006 5:38 PM
To: license-discussopensource.org
Subject: Re: BitTorrent

Lawrence Rosen wrote:
> Who has the most incentive to make sure that the term
"Open Source" has
> consistent meaning in Wikipedia? And that licenses that
claim to be open
> source actually are? At least we have OSI and
license-discuss colleagues
to
> help us out.

BitTorrent calls the license it wrote (based on the Jabber
license) the
"BitTorrent Open Source License" (see it at
http://bittorrent.c
om/license.myt ). The folks at BitTorrent have never
submitted it to OSI for approval, but because the
modifications they
made to the Jabber license (which is approved) are so
minute, IF it ever
were submitted by its stewards, then I would bet it would be
approved.

But if you don't want people to include the phrase
"Open Source" in the
name of their license unless it is in fact OSI-approved,
then OSI could
simply ask BitTorrent to submit their license for formal
approval to
resolve that (or OSI could step back from its current policy
of
requiring steward-submission and simply opine on its status
without
being formally asked).

Maybe it makes sense in the case of software licenses to
worry about the
usage of the phrase "open source" but in dozens
of other usages the
toothpaste is already out of the tube and there's not going
to be any
stopping people from talking about "open source
politics" or "open
source biology" or what-have-you.

Brian Carver