A lot of ongoing assistance and expertise in writing this license, for which I'm very grateful for, has been provided by Wendy Seltzer, Berkman Center Fellow at Harvard Law School. Earlier tonight I ran the recent suggestions by her, and have a newer draft with some changes below. (The Berkman Center for Internet & Society are a righteous group overall, and they have at least a half dozen free/open/libre projects and mailing lists going on: <http://cyber.law.harvard.edu/>) The changes to the license include adding more detail to the definition of "Object Form", improving the examples and definition of Source Data, and adding the option for supplying source for a fee. The biggest change is that a "recital" section was added to the beginning (similar in function to a "preamble" and maybe it ought to be labeled as such); this section should clarify the scope and intent of the license, and it explains in brief why it has the name it does -- "intellectual property" was to be avoided since I think a goal of copyleft is to promote the philosophical realization of the invalidity of this concept, and "copyleft license" seems to be exclusionary. Widescale adoption of a general copyleft would be a massive reform of the environment, and such a thing seemed to be total design science revolution. ---------- DESIGN SCIENCE LICENSE [DRAFT] TERMS AND CONDITIONS FOR COPYING, DISTRIBUTION AND MODIFICATION Copyright � 1999-2000 Michael Stutz <[EMAIL PROTECTED]> Verbatim copying of this document is permitted, in any medium. Copyright law gives certain exclusive rights to the author of a work, including the rights to copy, modify and distribute the work (the "reproductive," "adaptative," and "distribution" rights). The idea of "copyleft" is to willfully revoke the exclusivity of those rights under certain conditions, so that anyone can copy and distribute verbatim or modified-with-attribution copies of the original work, while all copies and derivatives remain under the same terms as the original. The intent of this license is to be a general "copyleft" that can be applied to any kind of work that has protection under copyright. This license states those certain conditions under which a work published under its terms may be copied, distributed, and modified. Whereas "design science" is a strategy for the development of artifacts as a way to reform the environment (not people) and subsequently improve the universal standard of living, this Design Science License was written and deployed as a strategy for promoting the progress of science and art through reform of the environment. 1. DEFINITIONS. "License" shall mean this Design Science License. The License applies to any work which contains a notice placed by the work's copyright holder stating that it is published under the terms of this Design Science License. "Work" shall mean such an aforementioned work. The License also applies to the output of the Work, only if said output constitutes a "derivative work" of the licensed Work as defined by copyright law. "Object Form" shall mean an executable or performable form of the Work, being an embodiment of the Work in some tangible medium. "Source Data" shall mean the origin of the Object Form (actual or potential), being the entire, machine-readable, preferred form of the Work for copying and for human modification (usually the language, encoding or format in which composed or recorded by the Author); plus any accompanying files, scripts or other data necessary for installation, configuration or compilation of the Work. (Examples of "Source Data" include, but are not limited to, the following: if the Work is an image file composed and edited in 'PNG' format, then the original PNG source file is the Source Data; if the Work is an MPEG 1.0 layer 3 digital audio recording made from a 'WAV' format audio file recording of an analog source, then the original WAV file is the Source Data; if the Work was composed as an unformatted plaintext file, then that file is the the Source Data; if the Work was composed in LaTeX, the LaTeX file(s) and any image files and/or custom macros necessary for compilation constitute the Source Data.) "Author" shall mean the copyright holder(s) of the Work. The individual licensees are referred to as "you." 2. RIGHTS AND COPYRIGHT. The Work is copyright the Author. All rights to the Work are reserved by the Author, except as specifically described below. This License describes the terms and conditions under which the Author permits you to copy, distribute and modify copies of the Work. In addition, you may refer to the Work, talk about it, and (as dictated by "fair use") quote from it, just as you would any copyrighted material under copyright law. Your right to operate, perform, read or otherwise interpret and/or execute the Work is unrestricted; however, you do so at your own risk, because the Work comes WITHOUT ANY WARRANTY -- see Section 7 ("NO WARRANTY") below. 3. COPYING AND DISTRIBUTION. Permission is granted to distribute, publish or otherwise present verbatim copies of the entire Source Data of the Work, in any medium, provided that full copyright notice and disclaimer of warranty, where applicable, is conspicuously published on all copies, and a copy of this License is distributed along with the Work. Permission is granted to distribute, publish or otherwise present copies of the Object Form of the Work, in any medium, under the terms for distribution of Source Data above and also provided that one of the following additional conditions are met: (a) The Source Data is included in the same distribution, distributed under the terms of this License; or (b) A written offer is included with the distribution, valid for at least three years or for as long as the distribution is in print (whichever is longer), with a publicly-accessible address (such as a URL on the Internet) where, for a charge not greater than transportation and media costs, anyone may receive a copy of the Source Data of the Work distributed according to the section above; or (c) A third party's written offer for obtaining the Source Data at no cost, as described in paragraph (b) above, is included with the distribution. This option is valid only if you are a non-commercial party, and only if you received the Object Form of the Work along with such an offer. You may copy and distribute the Work either gratis or for a fee, and if desired, you may offer warranty protection for the Work. The aggregation of the Work with other works which are not based on the Work -- such as but not limited to inclusion in a publication, broadcast, compilation, or other media -- does not bring the other works in the scope of the License; nor does such aggregation void the terms of the License for the Work. 4. MODIFICATION. Permission is granted to modify or sample from a copy of the Work, producing a derivative work, and to distribute the derivative work under the terms described in the section for distribution above, provided that the following terms are met: (a) The new, derivative work is published under the terms of this License. (b) The derivative work is given a new name, so that its name or title can not be confused with the Work, or with a version of the Work, in any way. (c) Appropriate authorship credit is given: for the differences between the Work and the new derivative work, authorship is attributed to you, while the material sampled or used from the Work remains attributed to the original Author; appropriate notice must be included with the new work indicating the nature and the dates of any modifications of the Work made by you. 5. NO RESTRICTIONS. You may not impose any further restrictions on the Work or any of its derivative works beyond those restrictions described in this License. 6. ACCEPTANCE. Copying, distributing or modifying the Work (including but not limited to sampling from the Work in a new work) indicates acceptance of these terms. If you do not follow the terms of this License, any rights granted to you by the License are null and void. The copying, distribution or modification of the Work outside of the terms described in this License is expressly prohibited by law. If for any reason, conditions are imposed on you that forbid you to fulfill the conditions of this License, you may not copy, distribute or modify the Work at all. If any part of this License is found to be in conflict with the law, that part shall be interpreted in its broadest meaning consistent with the law, and no other parts of the License shall be affected. 7. NO WARRANTY. THE WORK IS PROVIDED "AS IS," AND COMES WITH ABSOLUTELY NO WARRANTY, EXPRESS OR IMPLIED, TO THE EXTENT PERMITTED BY APPLICABLE LAW, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. 8. DISCLAIMER OF LIABILITY. IN NO EVENT SHALL THE AUTHOR 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, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS WORK, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. END OF TERMS AND CONDITIONS DESIGN SCIENCE LICENSE DRAFT, $Id: dsl.draft,v 1.21 2000/03/02 03:06:34 m Exp m $
