Re: [bitcoin-dev] Possible change to the MIT license

From: Patrick Murck <patrick.murck@gmail•com>
To: Jameson Lopp <jameson.lopp@gmail•com>,
	Brian Lockhart <brianlockhart@gmail•com>,
	 Natanael <natanael.l@gmail•com>,
	 Bitcoin Protocol Discussion
	<bitcoin-dev@lists•linuxfoundation.org>
Cc: "JOSE FEMENIAS CAÑUELO" <jose.femenias@gmail•com>
Subject: Re: [bitcoin-dev] Possible change to the MIT license
Date: Tue, 13 Feb 2018 12:04:48 -0500	[thread overview]
Message-ID: <CAJ7+2R0aAo_twfjQvdxCu_K_4Rscr_kwEQvYGZtAGzCw345dJA@mail.gmail.com> (raw)
In-Reply-To: <CAJQ0i9vDWqryxni6sEx1NDHjLpUCCH=F=t0s2p-seYYtyhuosw@mail.gmail.com>

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This is a poor idea, and agree that it’s largely off-topic. So without
wasting too much of anyone’s time here, I’d point out the following.

It is pretty clear that any developer who is subject to a lawsuit from
someone using Bitcoin Core software could point to the license (among other
things) *defensively* to limit their liability.

But who would be in a position to assert an *offensive* claim that their
license terms have been breached? Who would have a right in the software
that they are granting via the license? Definitely not the Bitcoin
Foundation…

This software is meant to be free and open for anyone to use, unfortunately
that means some people will sometimes do things you disagree with.

-pm

On February 13, 2018 at 11:24:37 AM, Brian Lockhart via bitcoin-dev (
bitcoin-dev@lists•linuxfoundation.org) wrote:

> I don't think that Bitcoin should be reliant upon courts or governments
to defend itself against attacks of any form.

Agree 100%. Plus yeah, lotsa luck getting any success via those channels...

But assuming the answer to the perceived problem is to “fight fire with
fire” (using social / marketing based efforts) who “should” pick up the
mantle here? Without inciting riots by asking the question, wouldn’t that
ostensibly be something the Bitcoin Foundation would lead on here? <ducks
and runs for cover>

In any case, it’s frustrating to watch the ongoing FUD and scammery going
unanswered in any “official” capacity.

On February 13, 2018 at 7:25:35 AM, Jameson Lopp via bitcoin-dev (
bitcoin-dev@lists•linuxfoundation.org) wrote:

If I'm understanding the problem being stated correctly:

"Bitcoin is under a branding attack by fork coins."

The proposed solution is to disincentivize fork coins from using the word
Bitcoin by altering the license terms. I'm not a lawyer, but it seems to me
that the words of the license are basically useless unless there is an
entity that intends to make use of court systems to threaten noncompliant
projects into submission.

In my opinion, the perceived attack on Bitcoin here is social /
marketing-based, thus it makes sense that any defense against said attack
should also be social / marketing-based. I don't think that Bitcoin should
be reliant upon courts or governments to defend itself against attacks of
any form.

On Tue, Feb 13, 2018 at 9:25 AM, Natanael via bitcoin-dev <
bitcoin-dev@lists•linuxfoundation.org> wrote:

>
>
> Den 13 feb. 2018 15:07 skrev "JOSE FEMENIAS CAÑUELO via bitcoin-dev" <
> bitcoin-dev@lists•linuxfoundation.org>:
>
> ***
> NO PART OF THIS SOFTWARE CAN BE INCLUDED IN ANY OTHER PROJECT THAT USES
> THE NAME BITCOIN AS PART OF ITS NAME AND/OR ITS MARKETING MATERIAL UNLESS
> THE SOFTWARE PRODUCED BY THAT PROJECT IS FULLY COMPATIBLE WITH THE BITCOIN
> (CORE) BLOCKCHAIN
> ***
>
>
> That's better solved with trademarks. (whoever would be the trademark
> holder - Satoshi?)
>
> This would also prohibit any reimplementation that's not formally verified
> to be perfectly compatible from using the name.
>
> It also adds legal uncertainty.
>
> Another major problem is that it neither affects anybody forking older
> versions of Bitcoin, not people using existing independent blockchain
> implementations and renaming them Bitcoin-Whatsoever.
>
> And what happens when an old version is technically incompatible with a
> future version by the Core team due to not understanding various new
> softforks? Which version wins the right to the name?
>
> Also, being unable to even mention Bitcoin is overkill.
>
> The software license also don't affect the blockchain data.
>
>
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