shanecoughlan
commented
6 months ago Original:
“Whether such software should be treated as open source (or handled some other way) should be determined by agreement between the software supplier and the recipient.”
- Agency to define something should lie with the two parties making the transaction: supplier and the recipient.
- This means that using a baseline like the OSD or FSD can be useful for clarity, but it not a hard determination per se between the parties.
- However, providing some baseline or guide can be useful.
Update as per call 2024-02-27:
“Whether software should be treated as open source is usually determined by agreement between the software supplier and the recipient, potentially using the Open Source Definition (OSD), Free Software Definition (FSD) or similar.”
Under "Typical Open Source Licenses": “Whether such software should be treated as open source (or handled some other way) should be determined by agreement between the software supplier and the recipient.” Wait, what? This seems to suggest that, if the license is not on the OSI list, supplier and recipient can agree to ignore the license, and I know that’s not what was meant here….