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Carlo Piana explains controversial MXM Public License proposal to OSI

Posted by Scott_Ruecker on · 3 comments
Law is Freedom; By Carlo Piana
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I wanted to keep a low key on that, but the news hit the press and the avalanche started mounting. I have submitted for approval to OSI a license on behalf of my good friend and client Mr. Leonardo Chiariglione, convenor of the ISO/IEC JTC1 WG11 (also known as MPEG).

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Comments (3)

However, the sad truth is that if we did not offer a patent-agnostic license we would have made all efforts to have an open source reference implementation moot.

Which would have been better. This license doesn't grant freedoms which we don't already have. We will end up with the situation that the LAME codec is in. You can shovel around the source as much as you want, but if you compile it for use, you are a potential patent infringer.

The only thing this license will do, is legitimize the practice of locking down of FOSS with patents. It will be the poster example of proprietary interest to point at when the community fights against patents. "FOSS is not against the use of patents to protect IP. See the MXM license, written by FOSS supporters themselves"

Why do we keep "poisoning the well" ourselves? Mr. Piana undoubtedly is a fierce proponent of software freedom, but despite all his protestations he still is the one producing an OSL with patent encumbrance expressly built in. I don't think the "I just pulled the trigger, it was the bullet that killed!" defense has much credibility.
Moreover, in my opinion he shouldn't use the term 'FOSS' when he means 'not FS, maybe OSS'.
Funny, I subscribe to license-discuss, so I have followed this loosly from its start. Somewhere in the first 30 seconds of it's life I discounted the whole thing as asinine, and many others seem to have oratorically taken the same stance.

The license is a non starter IMHO, and should be stuffed into the bit bucket under the premise of non-proliferation.

my .02

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