Re: standardizing opt-out of EU data mining rights?


Luis Villa
 

On Thu, Nov 10, 2022 at 5:06 PM Richard Fontana <rfontana@...> wrote:
On Thu, Nov 10, 2022 at 3:01 PM Luis Villa <luis@...> wrote:
[...]

> (1) Would SPDX be an appropriate mechanism for representing that opt-out clause in a machine-readable way, eg via a short identifier + WITH?
>
> (2) This would be, to the best of my knowledge, the first proposed Exception that removes permissions[3] rather than granting new permissions. Would that be acceptable to SPDX? Would that break any implicit or explicit expectations of the specifications or tooling?

Recent exchange that is possibly slightly related to those questions:
https://github.com/spdx/change-proposal/issues/4#issuecomment-1283004681
https://github.com/spdx/change-proposal/issues/4#issuecomment-1304842184

Basically, I believe SPDX has locked itself into a model of what an
"exception" is that is based on normative FSF doctrine built up around
FSF-authorized GPL exceptions, but which does not fully reflect how
standardized license terms actually get supplemented by other terms in
the real world with the GPL and other FOSS licenses (in some cases by
removing permissions, and in some cases where it is not actually clear
whether permissions are being removed).

Note that this has gone beyond the hypothetical; for some reason they put the text behind a weird GitHub process-wall so I have not read the text nor seen what they do to make the information machine-readable:

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