For those wanting UTF-8 coding, please find it attached
Greetings,
2017-05-22 13:28 GMT+02:00 Philippe Ombredanne <pombreda...@nexb.com>:
> On Mon, May 22, 2017 at 10:29 AM, Patrice-Emmanuel Schmitz
> <pe.schm...@googlemail.com> wrote:
> > The new version of the European Union Public Licence is published !
> > (OJ 19/05/2017 L128 p. 59–64 )
> >
> > attached the .txt and some information.
> > Greetings,
>
> FWIW, your attached text files are using a less common, non-ASCII
> encoding e.g. ISO-8859-2 which is likely to trigger mojibake
> https://en.wikipedia.org/wiki/Mojibake
> It could be best to use UTF-8 instead?
>
>
> --
> Cordially
> Philippe Ombredanne
>
--
Patrice-Emmanuel Schmitz
pe.schm...@googlemail.com
tel. + 32 478 50 40 65
The new version of the European Union Public Licence (EUPL) is published in
the 23 EU languages in the EU Official Journal: Commission Implementing
Decision (EU) 2017/863 of 18 May 2017 updating the open source software licence
EUPL to further facilitate the sharing and reuse of software developed by
public administrations (OJ 19/05/2017 L128 p. 59–64 ).
What it changed in the new licence?
• EUPL v1.2 has a wider coverage: it cover “the Work” (any copyrighted work)
and not exclusively “the software”. Therefore it is easier to apply the EUPL
v1.2 to data, documents, standard specifications etc.
• EUPL v1.2 has a wider compatibility: the software itself (copies or
modifications/improvements) will stay covered by the EUPL without possibilities
of re-licensing by recipients, but it may also be merged in a new – other -
larger work with other software components covered by compatible licences. When
needed and for avoiding licence conflicts, this other derivative work can then
be distributed under the compatible licence. The list of compatible licences
includes both the GPLv2 and v3, the AGPL, MPL, EPL, LGPL and other licences.
Regarding documents, compatibility includes the Creative Common licence CC BY
SA.
• EUPL v1.2 provides more flexibility concerning the additional agreements: any
additional provision that is not in contradiction with the licence is valid,
including the selection of a specific applicable law, of a specific arbitration
court etc.
• EUPL v1.2 has adapted its terminology to the evolution of European law and
has now a Croatian working version
Does it apply to projects already covered by EUPL v1.1?
• In case a work is currently licensed “under the EUPL” or “under the EUPL v1.1
or later”, the new EUPL v1.2 applies. In case a work is licensed “under the
EUPL v1.1” (sometimes adding “v1.1 only”) no automatic update is foreseen. The
project owner is invited to check the opportunity of updating its notices.
Since the list of compatible licences includes the MPL, the EPL, the LGPL and
more other licences, is the “copyleft” of the EUPL v1.2 weaker than before?
• The European law (in particular recitals 10 and 15 of Directive 2009/24/EC on
the protection of computer programs) seems to invalidate the idea of “strong
copyleft”: any portion of code that is strictly necessary for implementing
interoperability can be reproduced without copyright infringement. This means
that linking cannot be submitted to conditions or restricted by a so-called
“strong copyleft licence”. As a consequence, linking two programs does not
produce a single derivative of both (each program stay covered by its primary
licence). Therefore the question is not relevant: the EUPL v1.2 is copyleft (or
share-alike) for protecting the covered software only from exclusive
appropriation, but it has no pretention for any “viral extension” to other
software in case of linking.
EUROPEAN UNION PUBLIC LICENCE v. 1.2
EUPL © the European Union 2007, 2016
This European Union Public Licence (the ‘EUPL’) applies to the Work (as defined
below) which is provided under the
terms of this Licence. Any use of the Work, other than as authorised under this
Licence is prohibited (to the extent such
use is covered by a right of the copyright holder of the Work).
The Work is provided under the terms of this Licence when the Licensor (as
defined below) has placed the following
notice immediately following the copyright notice for the Work:
Licensed under the EUPL
or has expressed by any other means his willingness to license under the EUPL.
1.Definitions
In this Licence, the following terms have the following meaning:
— ‘The Licence’:this Licence.
— ‘The Original Work’:the work or software distributed or communicated by the
Licensor under this Licence, available
as Source Code and also as Executable Code as the case may be.
— ‘Derivative Works’:the works or software that could be created by the
Licensee, based upon the Original Work or
modifications thereof. This Licence does not define the extent of modification
or dependence on the Original Work
required in order to classify a work as a Derivative Work; this extent is
determined by copyright law applicable in
the country mentioned in Article 15.
— ‘The Work’:the Original Work or its Derivative Works.
— ‘The Source Code’:the human-readable form of the Work which is the most
convenient for people to study and
modify.
— ‘The Executable Code’:any code which has generally been compiled and which is
meant to be interpreted by
a computer as a program.
— ‘The Licensor’:the natural or legal person that distributes or communicates
the Work under the Licence.
— ‘Contributor(s)’:any natural or legal person who modifies the Work under the
Licence, or otherwise contributes to
the creation of a Derivative Work.
— ‘The Licensee’ or ‘You’:any natural or legal person who makes any usage of
the Work under the terms of the
Licence.
— ‘Distribution’ or ‘Communication’:any act of selling, giving, lending,
renting, distributing, communicating,
transmitting, or otherwise making available, online or offline, copies of the
Work or providing access to its essential
functionalities at the disposal of any other natural or legal person.
2.Scope of the rights granted by the Licence
The Licensor hereby grants You a worldwide, royalty-free, non-exclusive,
sublicensable licence to do the following, for
the duration of copyright vested in the Original Work:
— use the Work in any circumstance and for all usage,
— reproduce the Work,
— modify the Work, and make Derivative Works based upon the Work,
— communicate to the public, including the right to make available or display
the Work or copies thereof to the public
and perform publicly, as the case may be, the Work,
— distribute the Work or copies thereof,
— lend and rent the Work or copies thereof,
— sublicense rights in the Work or copies thereof.
Those rights can be exercised on any media, supports and formats, whether now
known or later invented, as far as the
applicable law permits so.
In the countries where moral rights apply, the Licensor waives his right to
exercise his moral right to the extent allowed
by law in order to make effective the licence of the economic rights here above
listed.
The Licensor grants to the Licensee royalty-free, non-exclusive usage rights to
any patents held by the Licensor, to the
extent necessary to make use of the rights granted on the Work under this
Licence.
3.Communication of the Source Code
The Licensor may provide the Work either in its Source Code form, or as
Executable Code. If the Work is provided as
Executable Code, the Licensor provides in addition a machine-readable copy of
the Source Code of the Work along with
each copy of the Work that the Licensor distributes or indicates, in a notice
following the copyright notice attached to
the Work, a repository where the Source Code is easily and freely accessible
for as long as the Licensor continues to
distribute or communicate the Work.
4.Limitations on copyright
Nothing in this Licence is intended to deprive the Licensee of the benefits
from any exception or limitation to the
exclusive rights of the rights owners in the Work, of the exhaustion of those
rights or of other applicable limitations
thereto.
5.Obligations of the Licensee
The grant of the rights mentioned above is subject to some restrictions and
obligations imposed on the Licensee. Those
obligations are the following:
Attribution right: The Licensee shall keep intact all copyright, patent or
trademarks notices and all notices that refer to
the Licence and to the disclaimer of warranties. The Licensee must include a
copy of such notices and a copy of the
Licence with every copy of the Work he/she distributes or communicates. The
Licensee must cause any Derivative Work
to carry prominent notices stating that the Work has been modified and the date
of modification.
Copyleft clause: If the Licensee distributes or communicates copies of the
Original Works or Derivative Works, this
Distribution or Communication will be done under the terms of this Licence or
of a later version of this Licence unless
the Original Work is expressly distributed only under this version of the
Licence — for example by communicating
‘EUPL v. 1.2 only’. The Licensee (becoming Licensor) cannot offer or impose any
additional terms or conditions on the
Work or Derivative Work that alter or restrict the terms of the Licence.
Compatibility clause: If the Licensee Distributes or Communicates Derivative
Works or copies thereof based upon both
the Work and another work licensed under a Compatible Licence, this
Distribution or Communication can be done
under the terms of this Compatible Licence. For the sake of this clause,
‘Compatible Licence’ refers to the licences listed
in the appendix attached to this Licence. Should the Licensee's obligations
under the Compatible Licence conflict with
his/her obligations under this Licence, the obligations of the Compatible
Licence shall prevail.
Provision of Source Code: When distributing or communicating copies of the
Work, the Licensee will provide
a machine-readable copy of the Source Code or indicate a repository where this
Source will be easily and freely available
for as long as the Licensee continues to distribute or communicate the Work.
Legal Protection: This Licence does not grant permission to use the trade
names, trademarks, service marks, or names
of the Licensor, except as required for reasonable and customary use in
describing the origin of the Work and
reproducing the content of the copyright notice.
6.Chain of Authorship
The original Licensor warrants that the copyright in the Original Work granted
hereunder is owned by him/her or
licensed to him/her and that he/she has the power and authority to grant the
Licence.
Each Contributor warrants that the copyright in the modifications he/she brings
to the Work are owned by him/her or
licensed to him/her and that he/she has the power and authority to grant the
Licence.
Each time You accept the Licence, the original Licensor and subsequent
Contributors grant You a licence to their contributions
to the Work, under the terms of this Licence.
7.Disclaimer of Warranty
The Work is a work in progress, which is continuously improved by numerous
Contributors. It is not a finished work
and may therefore contain defects or ‘bugs’ inherent to this type of
development.
For the above reason, the Work is provided under the Licence on an ‘as is’
basis and without warranties of any kind
concerning the Work, including without limitation merchantability, fitness for
a particular purpose, absence of defects or
errors, accuracy, non-infringement of intellectual property rights other than
copyright as stated in Article 6 of this
Licence.
This disclaimer of warranty is an essential part of the Licence and a condition
for the grant of any rights to the Work.
8.Disclaimer of Liability
Except in the cases of wilful misconduct or damages directly caused to natural
persons, the Licensor will in no event be
liable for any direct or indirect, material or moral, damages of any kind,
arising out of the Licence or of the use of the
Work, including without limitation, damages for loss of goodwill, work
stoppage, computer failure or malfunction, loss
of data or any commercial damage, even if the Licensor has been advised of the
possibility of such damage. However,
the Licensor will be liable under statutory product liability laws as far such
laws apply to the Work.
9.Additional agreements
While distributing the Work, You may choose to conclude an additional
agreement, defining obligations or services
consistent with this Licence. However, if accepting obligations, You may act
only on your own behalf and on your sole
responsibility, not on behalf of the original Licensor or any other
Contributor, and only if You agree to indemnify,
defend, and hold each Contributor harmless for any liability incurred by, or
claims asserted against such Contributor by
the fact You have accepted any warranty or additional liability.
10.Acceptance of the Licence
The provisions of this Licence can be accepted by clicking on an icon ‘I agree’
placed under the bottom of a window
displaying the text of this Licence or by affirming consent in any other
similar way, in accordance with the rules of
applicable law. Clicking on that icon indicates your clear and irrevocable
acceptance of this Licence and all of its terms
and conditions.
Similarly, you irrevocably accept this Licence and all of its terms and
conditions by exercising any rights granted to You
by Article 2 of this Licence, such as the use of the Work, the creation by You
of a Derivative Work or the Distribution
or Communication by You of the Work or copies thereof.
11.Information to the public
In case of any Distribution or Communication of the Work by means of electronic
communication by You (for example,
by offering to download the Work from a remote location) the distribution
channel or media (for example, a website)
must at least provide to the public the information requested by the applicable
law regarding the Licensor, the Licence
and the way it may be accessible, concluded, stored and reproduced by the
Licensee.
12.Termination of the Licence
The Licence and the rights granted hereunder will terminate automatically upon
any breach by the Licensee of the terms
of the Licence.
Such a termination will not terminate the licences of any person who has
received the Work from the Licensee under
the Licence, provided such persons remain in full compliance with the Licence.
13.Miscellaneous
Without prejudice of Article 9 above, the Licence represents the complete
agreement between the Parties as to the
Work.
If any provision of the Licence is invalid or unenforceable under applicable
law, this will not affect the validity or
enforceability of the Licence as a whole. Such provision will be construed or
reformed so as necessary to make it valid
and enforceable.
The European Commission may publish other linguistic versions or new versions
of this Licence or updated versions of
the Appendix, so far this is required and reasonable, without reducing the
scope of the rights granted by the Licence.
New versions of the Licence will be published with a unique version number.
All linguistic versions of this Licence, approved by the European Commission,
have identical value. Parties can take
advantage of the linguistic version of their choice.
14.Jurisdiction
Without prejudice to specific agreement between parties,
— any litigation resulting from the interpretation of this License, arising
between the European Union institutions,
bodies, offices or agencies, as a Licensor, and any Licensee, will be subject
to the jurisdiction of the Court of Justice
of the European Union, as laid down in article 272 of the Treaty on the
Functioning of the European Union,
— any litigation arising between other parties and resulting from the
interpretation of this License, will be subject to
the exclusive jurisdiction of the competent court where the Licensor resides or
conducts its primary business.
15.Applicable Law
Without prejudice to specific agreement between parties,
— this Licence shall be governed by the law of the European Union Member State
where the Licensor has his seat,
resides or has his registered office,
— this licence shall be governed by Belgian law if the Licensor has no seat,
residence or registered office inside
a European Union Member State.
Appendix
‘Compatible Licences’ according to Article 5 EUPL are:
— GNU General Public License (GPL) v. 2, v. 3
— GNU Affero General Public License (AGPL) v. 3
— Open Software License (OSL) v. 2.1, v. 3.0
— Eclipse Public License (EPL) v. 1.0
— CeCILL v. 2.0, v. 2.1
— Mozilla Public Licence (MPL) v. 2
— GNU Lesser General Public Licence (LGPL) v. 2.1, v. 3
— Creative Commons Attribution-ShareAlike v. 3.0 Unported (CC BY-SA 3.0) for
works other than software
— European Union Public Licence (EUPL) v. 1.1, v. 1.2
— Québec Free and Open-Source Licence — Reciprocity (LiLiQ-R) or Strong
Reciprocity (LiLiQ-R+)
The European Commission may update this Appendix to later versions of the above
licences without producing
a new version of the EUPL, as long as they provide the rights granted in
Article 2 of this Licence and protect the
covered Source Code from exclusive appropriation.
All other changes or additions to this Appendix require the production of a new
EUPL version.
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