On Thu, Aug 28, 2003 at 10:48:47AM -0700, Jacob Meuser wrote:
> Do you see problems with the following?
> 
> # Copyright (c) 2003 Jacob Meuser.  All rights reserved.
> # Redistribution and use with or without modification
> # are permitted.  This software is provided "as is".

Quite simple and to the point.  It would be much easier if the US had both
Moral Rights and the ability to place things directly in the public domain
since it would do away for the need for the above entirely.  Ah well.

The long shouting paragraph about MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE included in most licenses would be a better protection
than simply saying that the software is provided as is.  A clever lawyer
might argue that the software interoperates with other software badly and
in a way they could not have predicted (but that you should have and are
therefore liable..)  It's ridiculous, but so is filing for disability for
mental stress resulted from being canned from your job for misconduct...

Use of a Copyrighted work (ie, running software, reading a book, watching
a DVD) is already covered by Copyright law and there is no need to grant
permission for it.  Again, its mention is superfluous, but harmless.

I recommend the two-clause BSDish license for optimal ass coverage:

    Redistribution and use in source and binary forms, with or without
    modification, are permitted provided that the following conditions
    are met:
    1. Redistributions of source code must retain the above copyright
       notice, this list of conditions and the following disclaimer.
    2. Redistributions in binary form must reproduce the above
       copyright notice, this list of conditions and the following
       disclaimer in the documentation and/or other materials provided
       with the distribution.

    THIS SOFTWARE IS PROVIDED ``AS IS'' AND ANY EXPRESS OR IMPLIED
    WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES
    OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE
    DISCLAIMED.  IN NO EVENT SHALL THE AUTHOR BE LIABLE FOR ANY DIRECT,
    INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES
    (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR
    SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION)
    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 OF THIS SOFTWARE, EVEN IF ADVISED
    OF THE POSSIBILITY OF SUCH DAMAGE.


The third clause usually found in a BSD license is probably alls a good
idea to leave in:

    3. The name of the author may not be used to endorse or promote
       products derived from this software without specific prior
       written permission.


Generally you can, for a large work, simply place the license in a
seperate file, LICENSE.txt is not a bad choice, and change a couple of
words so it makes sense, then just have the other source files refer back
to it.

I rather like the BSD license because it is so comparitively short to the
GPL, it includes the necessary shouting to indemnify the author, and the
language is verbose enough to stand up to other lawyers.  It would be
almost trivial to turn the BSD license into a shortened and clarified
alternative to the GNU GPL, complete with clases pertaining to significant
but less-considered portions of that license such as patent licenses.

-- 
Joseph Carter <[EMAIL PROTECTED]>        We can hope for the future,
                                                  But there may not be one
 
<knghtbrd> [Window]
<knghtbrd> Size=233x284
<knghtbrd> It's substantially bigger than that
<knghtbrd> big enough sawfish doesn't know how to draw it.  ;)
<knghtbrd> I have this sneaky feeling it was like 2**31 or so in both
           directions, based on the disk thrashing  ;)
<jwise> heheh... that's a window!
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