Russ Nelson writes: "We changed the Open Source Definition today. Some people had the idea that "may not" in Section 1 meant that they had a choice. We changed it to "shall not". Other changes may be in the offing. The OSD says nothing about use licenses or patents, for example.
"A use license is largely unenforcable by itself. How can you tell what people are doing with software if anyone is allowed to redistribute it to anyone they want? Some parties have tried to enforce a use license by requiring the non-removal of certain parts of the code. This is, in itself, already prohibited by the OSD, however it's best not to rely on indirection to keep use licenses off Open Source software.
"Patents are a problem that have been anticipated by some licensors. In part the furor over the APSL 1.0 was produced because they reserved the right to revoke the license if it turned out that they were licensing software patented by someone else. A number of new licenses have specifically included terms that require contributors to license any applicable patents. And yet the OSD does not require this. What is the good of an OSI Certified piece of Open Source unless you can use it? And you certainly shouldn't allow someone to sue any contributor over patent infringement and still have a license to use the software.
"Are there other lapses in the Open Source Definition? Send them to me and I'll summarize for the board. Speaking of the board, Brian Behlendorf (Apache/Collab) and Ian Murdock (he put the ian in Debian/Progeny) have resigned, and Guido van Rossum (creator of Python) and Michael Tiemann (co-founder of Cygnus) have taken their place."