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A EULA in FOSS clothing?

Accepted submission by canopic jug at 2019-01-11 08:11:21
Digital Liberty

Software developer Bryan Cantrill has a second, more detailed, blog post on EULA plus Copyright frankenlicenses. The combination of the two appears to bring in a lot of baggage from both proprietary licensing and EULAs while being dressed up as FOSS. He writes a blog post in response to a longer discussion on HN and blog post from the CEO of Confluent []. He discusses the situation, raises quite a few questions (three are quoted below), and concludes with an assessment on the seriousness of the problem and a call to action.

This prompts the following questions, which I also asked Jay via Twitter:

1. If I git clone software covered under the Confluent Community License, who owns that copy of the software?

2. Do you consider the Confluent Community License to be a contract?

3. Do you consider the Confluent Community License to be a EULA?

[...] To foundations concerned with software liberties, including the Apache Foundation, the Linux Foundation, the Free Software Foundation, the Electronic Frontier Foundation, the Open Source Initiative, and the Software Freedom Conservancy: the open source community needs your legal review on this! I don’t think I’m being too alarmist when I say that this is potentially a dangerous new precedent being set; it would be very helpful to have your lawyers offer their perspectives on this, even if they disagree with one another. We seem to be in some terrible new era of frankenlicenses, where the worst of proprietary licenses are bolted on to the goodwill created by open source licenses; we need your legal voices before these creatures destroy the village!

Original Submission