I posted the following to [EMAIL PROTECTED]
back on June 20 and never heard anything back, so I thought
I'd try sending it to the discuss list as well. At this point
I plan to use the license to release the software discussed,
but it would be nice to have it OSI certified at some point
as well.
The license is basically BSD with some additional
liability limits added for the contributing organization
and individual contributors.
Am I following the correct procedure here?
Dale Parson, Agere Systems
Original email:
-------------------------------------------------------------
From: Parson, Dale E (Dale)
Sent: Thursday, June 20, 2002 10:36 AM
To: '[EMAIL PROTECTED]'
Subject: ESST license
Dear Open Source Initiative:
I would like to have the attached 'Embedded System
Software Tools' (ESST) license approved as an
"OSI Certified" license. This license will cover
a distribution of an embedded system simulation and
debugging environment originally marketed under
the name 'LUxWORKS" by Bell Labs / Lucent Microelectronics
/ Agere Systems (currently). This software will be released
under the attached license, as the Embedded System Software
Tools package, with "Agere Systems Inc." substituted for
<OWNER> and <ORGANIZATION> and "1995-2002" substituted for
<YEAR> in the license. Initially we are donating the
source to Lehigh University's Embedded System Laboratory,
and our intent is to make the software generally available
as open source.
Below are answers to each of the items listed on
http://www.opensource.org/docs/certification_mark.php.
I have attached HTML and text copies of the license.
This license may be posted to license-discuss with my ID.
Please let me know if you have any questions.
Thanks.
Dale Parson, Ph.D., Consulting Member of Technical Staff
Agere Systems
[EMAIL PROTECTED] 610-712-3365
--------------------------------------------------------------------
Getting a License Approved
1.Put the license on a web page in HTML form. We will
convert it into the same style as the existing approved
licenses. You can help us by publishing it in that style
yourself to save us the conversion step. ASCII text is
preferred if asked to post your license to the
'license-discuss' mailing list.
I have attached "esst-license.html" in your format, with the
"OSI Certified" mark removed, since ESST is not yet certified.
Also attached is "esst-license.txt" in ASCII form.
2.Tell us which existing OSI-approved license is most
similar to your license. Explain why that license will not
suffice for your needs. If your proposed license is derived
from a license we have already approved, describe exactly
what you have changed. This document is not part of the
license; it is solely to help the board understand and
review your license.
The ESST license is the BSD license with additional no-liability
clauses added as required by Agere's corporate legal department.
The first paragraph is new (sort of a notice about reading the
license), the bullets make explicit where the license must
appear (in source files and documentation), and the disclaimer
adds some additional non-liability for the providing organization
and any contributors.
3.Explain how software distributed under your license can
be used in conjunction with software distributed under
other open source licenses. Which license do you think
will take precedence for derivative or combined works? Is
there any software license that is entirely incompatible
with your proposed license?.
It should work exactly the same as BSD works with any other
license. The added no-liability verbiage covers exactly the
code contributed under this license, so this notice must
appear in those files, and the liability limits apply to
software provided under this license. There is no copy-left
restriction here, nor any restriction from using this
software in conjunction with any other software.
4.Send your proposed license by email to
[EMAIL PROTECTED] Indicate in the email
whether you want the license posted to the license-discuss
list with your identification or anonymously. (We are
willing to consider licenses that the author doesn't want
posted at all, but since community review is an important
part of the approval process, we will have to circulate
such licenses privately to individual reviewers: because of
this, licenses not posted to license-discuss at all may take
longer to approve, and are likely to require more
interaction with you.) You are invited to follow
discussion of the licenses by subscribing to
[EMAIL PROTECTED] This
mailing-list is archived here.
Will do.
This license may be posted to license-discuss with my ID.
5.If we find that the license does not conform to the Open
Source Definition, we will work with you to resolve the
problems.
6.At the same time, we will monitor the license-discuss list
and work with you to resolve any problems uncovered in
public comment.
7.As part of this process, we may also seek outside legal
advice on license issues.
8.Once we are assured that the license conforms to the Open
Source Definition and has received thorough discussion
on license-discuss or by other reviewers, and there are no
remaining issues that we judge significant, we will notify
you that the license has been approved, copy it to our
website, and add it to the list below.
Thanks for all your help!
Dale ([EMAIL PROTECTED])
Title: Open Source Initiative OSI - The BSD License:Licensing
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The ESST License
The following is an ESST (Embedded System Software Tools) license
template. To generate your own license, change the values of OWNER, ORGANIZATION
and YEAR from their original values as given here, and substitute your
own.
Here is the license template:
This software is provided subject to the following terms and conditions,
which you should read carefully before using the software. Using this software
indicates your acceptance of these terms and conditions. If you do
not agree with these terms and conditions, do not use the software.
Copyright (c) <YEAR> <OWNER>
All rights reserved.
Redistribution and use in source or binary forms, with or without modifications,
are permitted provided that the following conditions are met:
-
Redistributions of source code must retain the above copyright notice,
this list of conditions and the following Disclaimer in comments in the
code as well as in the documentation and/or other materials provided with
the distribution.
-
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.
-
Neither the name of <ORGANIZATION> nor the names of the contributors
may be used to endorse or promote products derived from this software without
specific prior written permission.
Disclaimer
THIS SOFTWARE IS PROVIDED "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES,
INCLUDING, BUT NOT LIMITED TO, INFRINGEMENT AND THE IMPLIED WARRANTIES
OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED.
ANY USE, MODIFICATION OR DISTRIBUTION OF THIS SOFTWARE IS SOLELY AT THE
USER'S OWN RISK. IN NO EVENT SHALL <ORGANIZATION> OR CONTRIBUTORS 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, INCLUDING, BUT NOT LIMITED TO, 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.
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The ESST License
The following is an ESST (Embedded System Software Tools)
license template. To generate your own license, change the
values of OWNER, ORGANIZATION and YEAR from their original
values as given here, and substitute your own.
Here is the license template:
This software is provided subject to the following terms
and conditions, which you should read carefully before
using the software. Using this software indicates your
acceptance of these terms and conditions. If you do not
agree with these terms and conditions, do not use the
software.
Copyright (c) <YEAR> <OWNER>
All rights reserved.
Redistribution and use in source or binary forms, with or
without modifications, are permitted provided that the
following conditions are met:
o Redistributions of source code must retain the above
copyright notice, this list of conditions and the
following Disclaimer in comments in the code as well as
in the documentation and/or other materials provided with
the distribution.
o 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.
o Neither the name of <ORGANIZATION> nor the names of the
contributors may be used to endorse or promote products
derived from this software without specific prior written
permission.
Disclaimer
THIS SOFTWARE IS PROVIDED "AS IS" AND ANY EXPRESS OR IMPLIED
WARRANTIES, INCLUDING, BUT NOT LIMITED TO, INFRINGEMENT AND THE
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE ARE DISCLAIMED. ANY USE, MODIFICATION OR DISTRIBUTION OF
THIS SOFTWARE IS SOLELY AT THE USER'S OWN RISK. IN NO EVENT SHALL
<ORGANIZATION> OR CONTRIBUTORS 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, INCLUDING, BUT NOT LIMITED
TO, 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.
