Re: For reviewing a new free license. People who have read and understand the GPL

[Julian Daich]

El 8/3/22 a las 17:54, Pen-Yuan Hsing escribió:
> On 08/03/2022, Julian Daich <julian.daich@freecomputerlabs.org> wrote:
>> El 6/3/22 a las 14:27, Pen-Yuan Hsing escribió:
>>>
>>> Dear Julian,
>>>
>>> Have you looked at the CERN Open Hardware License 2.0?
>>>
>>> https://ohwr.org/project/cernohl/wikis/Documents/CERN-OHL-version-2
>>>> It has a strongly-reciprocal variant which is like the GPL but for
>>> physical objects:
>>>
>>> https://ohwr.org/cern_ohl_s_v2.txt
>>>
>>
>> Hi Pen-Yuan,
>>
>> I read both licenses. They have very limited enforceability.
>>
>>> Is there something you're trying to do with this LINDS license that the
>>> CERN OHL 2.0 does not?
>>>
>> Yes, better legal enforceability and the way in which trademarks are
>> handled.
>>
>> You are welcome to read and compare.
>>
>> Best,
>> Julian
> 
> Dear Julian,
> 
> What do you mean by "legal enforceability"? What makes a license more
> or less enforceable? It would be important to define this clearly. And
> can you explain why the CERN OHL 2.0 licenses are not enforceable
> enough?
> 

Hi Pen-Yuan,

Legal enforceability is the capability of any licensor to bring to the
court to any licensee who will breach the license to correct the
licensee behavior or otherwise restrict access to the licensed work and/
or eventually pay for damages and legal costs.

> Can you explain in detail what your concerns about
> trademarks are regarding existing licenses such as, but not limited
> to, the CERN OHL 2.0 licenses?

There are many. I recall few. The holding of copyrights is no well
defined for contributors. The terms conditions do not request that the
documenting of changes will be done in a fashion that it produces a
copyright. It is not concise in how a patent claim from a contributor is
linked to a licensed work and does not differentiate properly between
patent claim owner, holder or person in control.

In the above I used the GPL definition of contributor and the WPO
definition of patent claim.

Best,

Julian
-- 
Julian Daich

julian.daich@freecomputerlabs.org

FCL
www.freecomputerlabs.org