Glenn Maynard wrote: > On Wed, Jul 14, 2004 at 10:31:06AM +0200, Roland Stigge wrote: >> On Wed, 2004-07-14 at 10:11, Branden Robinson wrote: >> > > * Package name : musicxml >> > > * URL : http://musicxml.org/dtds/ >> > > * License : MusicXML Document Type Definition Public License >> > > 1.02 >> > >> > This license is unfamiliar to me (which may be more my problem than its >> > :) >> > ). It might be unfamiliar to the archive administrators as well. >> > >> > Would you mind sending a copy to debian-legal for analysis? >> >> Feel free to just read it :) >> >> http://musicxml.org/dtds/license.html > > Good practice on this list is to include the actual license text (inline > or as an attachment). That makes it clear in the archives which license > text is under discussion (webpages and licenses change), and makes it > easier to quote. > > *** MusicXML Document Type Definition Public License Version 1.02 > > This MusicXML work (including software, documents, or other related > items) is being provided by the copyright holder under the following > license. > By obtaining, using and/or copying this work,
Ugh. Should be "Copying or distributing". Given the minimal restrictions, I guess I'm willing to accept it as free though. > each contributor > and recipient (hereinafter, collectively known as "Licensee") agree that > he/she has read, understood, and will comply with the following terms > and conditions: > > A. DEFINITIONS > "Copyright Holder" means Recordare LLC. > > "Contribution" means: > > 1. in the case of Recordare LLC, the Original Program, and > 2. in the case of each Contributor, > changes to the Program, and > additions to the Program; > where such changes and/or additions to the Program originate from and > are distributed by that particular Contributor. A Contribution > 'originates' from a Contributor if it was added to the Program by such > Contributor itself or anyone acting on such Contributor's behalf. > Contributions do not include additions to the Program which: (i) are > separate modules of software distributed in conjunction with the Program > under their own license agreement, and (ii) are not derivative works of > the Program. > "Contributor" means Recordare LLC and any other entity that distributes > the Program. > > "Original Program" means the original version of the software > accompanying this Agreement as released by Recordare LLC, including > source code, object code and documentation, if any. > > "Program" means the Original Program and Contributions. > > "Recipient" means anyone who receives the Program under this Agreement, > including all Contributors. > > B. GRANT OF RIGHTS > Permission to use, copy, modify, and distribute this software and its > documentation, with or without modification, for any purpose and without > fee or royalty is hereby granted, provided that each Recipient include > the following on ALL copies of the software and documentation or > portions thereof, including modifications, that he/she make: > > 1. The full text of this License in a location viewable to users of the > redistributed or derivative work. > > 2. Any pre-existing intellectual property disclaimers, notices, or terms > and conditions. If none exist, a short notice of the following form > (hypertext is preferred, text is permitted) should be used within the > body of any redistributed or derivative code: "© Recordare LLC. All > rights reserved. http://www.recordare.com"; > > 3. Notice of any changes or modifications to the MusicXML files, including > the date changes were made. (We recommend you provide URLs to the > location from which the code is derived.) > > In addition, creators of derivative works must include the full text of > this License in a location viewable to users of the derivative work. The > name and trademarks of Copyright Holder may NOT be used in advertising > or publicity pertaining to the software without specific, written prior > permission. Title to copyright in this software and any associated > documentation will at all times remain with copyright holder. > That's the end of the grant of rights. That means: it's not a copyleft! Derivative works can be distributed under any license. Furthermore, the requirements appear to be a subset of the GPL requirements, so it may be GPL-compatible! > C. NO WARRANTY > EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS PROVIDED > ON AN "AS IS" BASIS, AND COPYRIGHT HOLDER MAKES NO WARRANTIES OR > CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT > LIMITATION, ANY WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, > MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Each Recipient is > solely responsible for determining the appropriateness of using and > distributing the Program and assumes all risks associated with its > exercise of rights under this Agreement, including but not limited to > the risks and costs of program errors, compliance with applicable laws, > damage to or loss of data, programs or equipment, and unavailability or > interruption of operations. > > D. DISCLAIMER OF LIABILITY > EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER COPYRIGHT > HOLDER NOR ANY CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, > INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES > (INCLUDING WITHOUT LIMITATION LOST PROFITS), HOWEVER CAUSED AND ON ANY > THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT > (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OR > DISTRIBUTION OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTS GRANTED > HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. > > E. GENERAL > If any provision of this Agreement is invalid or unenforceable under > applicable law, it shall not affect the validity or enforceability of > the remainder of the terms of this Agreement, and without further action > by the parties hereto, such provision shall be reformed to the minimum > extent necessary to make such provision valid and enforceable. > > All Recipient's rights under this Agreement shall terminate if it fails > to comply with any of the material terms or conditions of this Agreement > and does not cure such failure in a reasonable period of time after > becoming aware of such noncompliance. If all Recipient's rights under > this Agreement terminate, Recipient agrees to cease use and distribution > of the Program as soon as reasonably practicable. However, Recipient's > obligations under this Agreement and any licenses granted by Recipient > relating to the Program shall continue and survive. > > Recordare LLC may publish new versions (including revisions) of this > Agreement from time to time. Each new version of the Agreement will be > given a distinguishing version number. The Program (including > Contributions) may always be distributed subject to the version of the > Agreement under which it was received. In addition, after a new version > of the Agreement is published, Contributor may elect to distribute the > Program (including its Contributions) under the new version. OK, this might be *trying* to be a copyleft. But it still isn't. It's just a very verbose non-copyleft. > No one > other than Recordare LLC has the right to modify this Agreement. Except > as expressly stated in Section B above, Recipient receives no rights or > licenses to the intellectual property of any Contributor under this > Agreement, whether expressly, by implication, estoppel or otherwise. All > rights in the Program not expressly granted under this Agreement are > reserved. > > This Agreement is governed by the laws of the State of California and > the intellectual property laws of the United States of America. Woo-hoo, choice of law without choice of venue! > *** > > Nothing stands out. (It's interesting that it gives "permission to > modify this software, with or without modification", though. :) Yes, it looks like a free license. > The definition of "copyright holder" as "Recordare LLC" is strange: if > I've modified the work, then I may be a partial copyright holder, too. > I'm not sure that it's a problem, though. I think it's not a problem, because the license is not a copyleft. Your modifications will presumably be under a different license. Perhaps it should be checked that this is actually the intent of the copyright holder. :-) -- There are none so blind as those who will not see.
