Open Source license discussion mailing list:


Lawrence E. Rosen wrote:

> The Common Public License is the same as the IBM Public License with the
> name "IBM" removed.  IBM submitted that license directly to OSI for approval
> because it helped solve a problem that people were having -- specifically,
> the ability to use the IBM Public License without having to apply for
> modification merely to replace IBM's name with the name of the new licensor.
> We encourage other licensors to submit such "template" licenses wherever
> possible.


After just now reading the SISSL at the OpenSource.org website, I was 
wondering whether there were another MPL-derivative license when I 
decided to check the mailing list.  Kudos to IBM for addressing the need 
for such "template" licenses!

I wonder, though, if the license could be made even more "common" by 
dropping the "Agreement Steward" clause of Version 0.5:


> The Agreement Steward reserves the right to publish new versions (including 
>revisions) of this Agreement from time to time. No one other than the Agreement 
>Steward has the right to modify this Agreement. IBM is the initial Agreement Steward. 
>IBM may assign the responsibility to serve as the Agreement Steward to a suitable 
>separate entity. 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.
http://oss.software.ibm.com/developerworks/opensource/license-cpl.html

As a "Contributor", whether initial or subsequent, I would prefer that I 
retain control over which version of the license is used.  This thought 
hit me most strongly when AOL assumed control over Netscape:


> 6.1. New Versions.
> Netscape Communications Corporation (''Netscape'') may publish revised and/or new 
>versions of the License from time to time. Each version will be given a 
>distinguishing version number.
> 
> 6.2. Effect of New Versions.
> Once Covered Code has been published under a particular version of the License, You 
>may always continue to use it under the terms of that version. You may also choose to 
>use such Covered Code under the terms of any subsequent version of the License 
>published by Netscape. No one other than Netscape has the right to modify the terms 
>applicable to Covered Code created under this License.
http://opensource.org/licenses/mozilla1.1.html


The argument in favor of an Agreement Steward is diminished by noting 
that Contributors can always choose to explicitly re-release their work 
under a new license or version of a license by acting unanimously. 
Failing unanimous consent, the work can still be released under multiple 
versions of the license simultaneously by noting that the CPL is non-viral:


> 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.


Regardless of my reservations about placing my trust in the hands of an 
Agreement Steward, I believe that the CPL may be the best evolution of 
Open Source licenses out to date that achieves my objectives.  I intend 
to license all of my Open Source code 
(http://www.orbs.com/software/open/) using the CPL.  Once again, kudos 
to IBM!



-- 
David Wallace Croft
(214) 533-3047 cell
http://www.alumni.caltech.edu/~croft

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