kemitchell

10 ms·

61.
by kemitchell 3y ago
You can write the rules for your software in whatever license terms you like, and I stand for your right to do so. My concern is whether you and other companies in your position will have good, reusable options for implementing the rules yo
62.
by kemitchell 3y ago
My blog post bemoans coupling terms for license change to terms for the initial license, effective on release. BUSL does both license change and an initial, "non-production" license, all in one form. This new FSL does license ch
63.
by kemitchell 3y ago
They do not seem to have learned the hard lessons of Familiar License + New Patch from Commons Clause. There are good reasons to expect they'll experience similar confusion and hesitation. I've been working with colleagues to publ
64.
by kemitchell 3y ago
I haven't researched the law here in a while, but my general impression the last time I did was that there isn't much in the way of legal requirements for signing things digitally beyond the federal ESIGN Act, general principles o
65.
by kemitchell 3y ago
You might find the "Acceptance" section of the Blue Oak Model License handy: https://blueoakcouncil.org/license/1.0.0#acceptance We've published a very liberal license for use of the Blue Oak license tex
66.
by kemitchell 3y ago
Following A16Z's RSS feed has gotten weirder and weirder, even mostly just reading headlines and leads. Anecdotally, I feel there was a turn when they went "all in" on blockchain and started having people drum out constant &q
67.
by kemitchell 3y ago
Hey, gavinhoward. Good to see your nick again. If I were going to summarize my mental model overall, I would say that terms like GPL pasted into license notices for published source code memorialize the terms of contracts that grant license
68.
by kemitchell 3y ago
I can't speak for the FSF, SFLC, or those who agreed with the views they promoted. I do think it's important to remember that this all started decades ago, when many fewer cases had been decided and what the law would be likely fe
69.
by kemitchell 3y ago
I do not believe Conservancy is arguing contract to the exclusion of license. They are arguing that they can sue under the source code requirement as a promise enforceable under contract law. Vizio is arguing that the source code requiremen
70.
by kemitchell 3y ago
Redis Labs, Confluent. Pretty sure I'm forgetting some of the smaller Commons Clause adopters.
71.
by kemitchell 3y ago
I've developed a similar mistrust of the term. Blogged about it a while back https://writing.kemitchell.com/2023/01/05/Type-Error-Democra...
72.
by kemitchell 3y ago
Unabashed voice of the Everyman here. Let them compete.
73.
by kemitchell 3y ago
I suspect you're conflating two meanings of "relicense" here. That's understandable: we've badly overloaded the term. For the kind of "relicensing" relevant to HasiCorp and similar, the question is "
74.
by kemitchell 3y ago
I could fork any MIT, BSD, or Apache-2-licensed project without a CLA and start publishing new versions under HashiCorp's BSL tomorrow. HashiCorp's CLA doesn't assign copyright. It just licenses it. Hence CLA---contributor
75.
by kemitchell 3y ago
Also good pizza! And there's more than one location. I believe I read that Nick's, up north, is also heading worker-owned. And of course worker-owned doesn't just mean pizza in Oakland.
76.
by kemitchell 3y ago
Interested. Source to read? Thank you.
77.
by kemitchell 3y ago
Historically, not even the Open Source Initiative tried to define "open source" this way. There were licenses commentators agreed met their definition that they did not approve---open source but not OSI-approved. See also "li
78.
by kemitchell 3y ago
I don't see how license changes that don't adversely affect the vast majority of users break trust, especially when the noops are effectively communicated. Hashi did a much job better job there than its predecessors. I don't
79.
by kemitchell 3y ago
> > There is no contract. > There are social contracts > > Try to enforce it.
80.
by kemitchell 3y ago
> When any company releases their tool as open source, the contract with the community is always the same... There is no contract. Try to enforce it. Even non-binding expectations differ widely among projects. > We believe that Hash
81.
by kemitchell 3y ago
Apparently I can't download the form without giving them my e-mail address. That being the case, I'm betting I don't actually need to read it.
82.
by kemitchell 3y ago
Sheldon's site was hugely influential back in the day. Maybe even more so than the Park blue book. You could find answers you didn't know to questions you didn't know to ask for hours and hours. And then some tangent about Fr
83.
by kemitchell 3y ago
Star Athletica's holding turned on just the kind of "force of law" question I mentioned. The answer there was "no", so the relevant rule was Skidmore, not Chevron. Of course Skimore's still law. But what does i
84.
by kemitchell 3y ago
The assertion about the Copyright Office's batting average was yours. If you want to make the assertion, the research question's also yours! As I recall, Skidmore held that what agencies say laws mean gets only the deference it de
85.
by kemitchell 3y ago
> While the Copyright Office's interpretation of copyright law is not always affirmed by the Courts or Congress, more often than not it is I don't think I've seen that asserted before. I certainly wouldn't bank on it
86.
by kemitchell 3y ago
https://en.wikipedia.org/wiki/Software_copyright#History I wasn't practicing law back then, but my secondhand understanding is that while it wasn't clear that copyright would apply to software, or how, savvy
87.
by kemitchell 3y ago
> Judgements are no longer binding as soon as the market has changed (radically), no? No. That is not how law works in the United States. If you'd like to learn more, try "Common Law" and "Stare Decisis" on Wikip
88.
by kemitchell 4y ago
> exactly analogous This isn't a combo I think I've seen or read from other lawyers. Does it mean "identical"? Again, that's not what's required to make a point "settled"...or an outcome predicta
89.
by kemitchell 4y ago
> Whether it's legally permissible to copy a printed material and distribute that copy as though it were the printed material was/is unresolved. That's what IA wants to believe. But it's just not the case that legal
90.
by kemitchell 4y ago
I really enjoyed learning electronics through tube amps. But gee howdy are we better off not having big filter caps and badly grounded All American Fives around. The guitar guys are A/B testing their way toward modeling. I guess that l

More ›