At 11:30 PM +0200 on 7/8/99, Uli Kusterer wrote:
>NOTE:
>I'm currently experiencing problems sending mail. I have contacted Tech
>Support and hopefully this will soon be resolved, but until then I might reply
>a bit less often to messages as I have to use a web interface. Now, on to
>the message:
>
>Hi,
>
> here's my draft for our license. It's based on the GPL 2, but I've made
>changes which hopefully summarize to the following:
>
> - The preamble has been shortened to one more appropriate for a UFP
>license.
> - This allows commercial use and only requires shipping along the
>original source, not the modified source
> - If original source isn't shipped along, it has to be made available at
>*no charge*
> - derivatives of this don't have to be distributed under this license
> - The authors' names and the product name may not be used to endorse
>derivative works
> - When the license is revised, programs that do not explicitly specify a
>revision number of this license will automatically fall under the most
>recent revision
> - I have added paragraph 11 which addresses commercial distribution of
>stacks and how to ship along the program then
> - The new paragraph 12 concerns itself with external media as discussed
>on the list
> - Also new is �13 that mentions "plug-in" commands (NOT xcmds, this
>refers to e.g. functions added to the Interpreter using the APIs)
>
>
>Since I'm not a lawyer, it would be good if someone who has some knowledge
>of US law (as this license is written in English, I guess this will be our
>place of court, won't it?) examined this license again and pointed aout any
>pitfalls, especially in �� 11, 12 and 13. I'm especially unsure whether �11
>protects our file format. Could this be interpreted as "the file format
>becomes your intellectual property", which I don't mean, or does the use of
>"reamain" make it clear to a lawyer that what wasn't the licensee's original
>property won't change its status?
>
>I'm also not sure whether �11 conflicts with parts of �3 and we should
>make clearer what we mean.
>
>Cheers,
>-- Uli
>
>
>UFP: PROJECT OPENCARD GENERAL PUBLIC LICENSE (UFP OC GPL)
>Version 1 (Draft 1; Author: M. Uli Kusterer)
>
>The intention of this license is providing a means to distribute software
>in a way that allows enhancing it gradually through collaboration, thus
>providing high-quality software at no cost.
This seems to say that one can't sell it.
>
>On the same note, this License aims to give people using this software and
>those adding to it to keep using it, and to make profit from anything they
>create with the aid of this software.
>
>The software may also be called "the program" in further passages, while
>"You" refers to the licensee, and "this license" is the UFP OC GPL.
>
>1. You may copy and distribute verbatim copies of the Program's
>source code as you receive it, in any medium, provided that you
>conspicuously and appropriately publish on each copy an appropriate
>copyright notice and disclaimer of warranty; keep intact all the
>notices that refer to this License and to the absence of any warranty;
>and give any other recipients of the Program a copy of this License
>along with the Program.
OK.
>
>You may charge a fee for the physical act of transferring a copy, and
>you may at your option offer warranty protection in exchange for a fee.
Conflicts with preamble; see note in preamble.
>
> 2. You may modify your copy or copies of the Program or any portion
>of it, thus forming a work based on the Program, and copy and
>distribute such modifications or work under the terms of Section 1
>above, provided that you also meet all of these conditions:
>
> a) You must cause the modified files to carry prominent notices
> stating that you changed the files and the date of any change.
>
> b) You must cause any modified files to retain their original
>copyright notices, including the names of its authors, but you may not use
>this
>information to endorse your derived work of the Program in any way, qithout
qithout = typo
>their prior explicit permission. Also, you may not use the name of the program
should be "without their prior explicit, written permission"
>as the name of the modified program.
renaming cluase not clear. Maybe something along the lines of "nor may you
use the name OpenCard to endourse your product, including, but not limited
to, giving your product an identicle name"
>
> c) If the modified program normally reads commands interactively
> when run, you must cause it, when started running for such
> interactive use in the most ordinary way, to print or display an
> announcement including an appropriate copyright notice and a
> notice that there is no warranty (or else, saying that you provide
> a warranty) and that users may redistribute the program under
> these conditions, and telling the user how to view a copy of this
> License. (Exception: if the Program itself is interactive but
> does not normally print such an announcement, your work based on
> the Program is not required to print an announcement.)
>
>These requirements apply to the modified work as a whole. If
>identifiable sections of that work are not derived from the Program,
>and can be reasonably considered independent and separate works in
>themselves, then this License, and its terms, do not apply to those
>sections when you distribute them as separate works. But when you
>distribute the same sections as part of a whole which is a work based
>on the Program, the distribution of the whole must be on the terms of
>this License, whose permissions for other licensees extend to the
>entire whole, and thus to each and every part regardless of who wrote it.
Ok, this says this licence is a virus; it spreads with anything based on
OpenCard.
>
>Thus, it is not the intent of this section to claim rights or contest
>your rights to work written entirely by you; rather, the intent is to
>exercise the right to control the distribution of derivative or
>collective works based on the Program.
>
>In addition, mere aggregation of another work not based on the Program
>with the Program (or with a work based on the Program) on a volume of
>a storage or distribution medium does not bring the other work under
>the scope of this License.
>
>
> 3. You may copy and distribute the Program (or a work based on it,
>under Section 2) in object code or executable form under the terms of
>Sections 1, 2 and 11 of this license provided that you also do one of the
>following:
>
> a) Accompany it with the complete corresponding machine-readable
> source code of the original, unmodified program, which must be
>distributed under the terms of Sections 1 and 2 above on a medium
>customarily used
Ummm... the terms of section two include the terms of section one, so you
should not list both here; you've managed to include the terms of section
one twice.
>for software interchange; or,
>
> b) Accompany it with a written offer, valid for at least three
> years, to give any third party, at no further charge, a complete
"At no further charge" is ridiculous. It costs money to produce a CD. If
anyone can demand a copy of the source, they must at least cover the cost
of the CD/floppy/etc.!
> machine-readable copy of the corresponding source code, to be
> distributed under the terms of Sections 1 and 2 above on a medium
> customarily used for software interchange; or,
>
> c) Accompany it with the information you received as to the offer
> to distribute corresponding source code. (This alternative is
> allowed only for noncommercial distribution and only if you
> received the program in object code or executable form with such
> an offer, in accord with Subsection b above.)
>
>The source code for a work means the preferred form of the work for
>making modifications to it. For an executable work, complete source
>code means all the source code for all modules it contains, plus any
>associated interface definition files, plus the scripts used to
>control compilation and installation of the executable. However, as a
>special exception, the source code distributed need not include
>anything that is normally distributed (in either source or binary
>form) with the major components (compiler, kernel, and so on) of the
>operating system on which the executable runs, unless that component
>itself accompanies the executable.
>
>If distribution of executable or object code is made by offering
>access to copy from a designated place, then offering equivalent
>access to copy the source code from the same place counts as
>distribution of the source code, even though third parties are not
>compelled to copy the source along with the object code.
>
> 4. You may not copy, modify, sublicense, or distribute the Program
>except as expressly provided under this License. Any attempt
>otherwise to copy, modify, sublicense or distribute the Program is
>void, and will automatically terminate your rights under this License.
>However, parties who have received copies, or rights, from you under
>this License will not have their licenses terminated so long as such
>parties remain in full compliance.
>
> 5. You are not required to accept this License, since you have not
>signed it. However, nothing else grants you permission to modify or
>distribute the Program or its derivative works. These actions are
>prohibited by law if you do not accept this License. Therefore, by
>modifying or distributing the Program (or any work based on the
>Program), you indicate your acceptance of this License to do so, and
>all its terms and conditions for copying, distributing or modifying
>the Program or works based on it.
>
> 6. Each time you redistribute the Program (or any work based on the
>Program), the recipient automatically receives a license from the
>original licensor to copy, distribute or modify the Program subject to
"the origonal licensor" and the paragraph above 5 conflict.
>these terms and conditions. You may not impose any further
>restrictions on the recipients' exercise of the rights granted herein.
>You are not responsible for enforcing compliance by third parties to
>this License.
Once again, you must distribute this under this licence, or at least free
software.
>
> 7. If, as a consequence of a court judgment or allegation of patent
>infringement or for any other reason (not limited to patent issues),
>conditions are imposed on you (whether by court order, agreement or
>otherwise) that contradict the conditions of this License, they do not
>excuse you from the conditions of this License. If you cannot
>distribute so as to satisfy simultaneously your obligations under this
>License and any other pertinent obligations, then as a consequence you
>may not distribute the Program at all. For example, if a patent
>license would not permit royalty-free redistribution of the Program by
>all those who receive copies directly or indirectly through you, then
>the only way you could satisfy both it and this License would be to
>refrain entirely from distribution of the Program.
>
>If any portion of this section is held invalid or unenforceable under
>any particular circumstance, the balance of the section is intended to
>apply and the section as a whole is intended to apply in other
>circumstances.
>
>It is not the purpose of this section to induce you to infringe any
>patents or other property right claims or to contest validity of any
>such claims; this section has the sole purpose of protecting the
>integrity of the free software distribution system, which is
>implemented by public license practices. Many people have made
>generous contributions to the wide range of software distributed
>through that system in reliance on consistent application of that
>system; it is up to the author/donor to decide if he or she is willing
>to distribute software through any other system and a licensee cannot
>impose that choice.
>
>This section is intended to make thoroughly clear what is believed to
>be a consequence of the rest of this License.
>
> 8. If the distribution and/or use of the Program is restricted in
>certain countries either by patents or by copyrighted interfaces, the
>original copyright holder who places the Program under this License
>may add an explicit geographical distribution limitation excluding
>those countries, so that distribution is permitted only in or among
>countries not thus excluded. In such case, this License incorporates
>the limitation as if written in the body of this License.
>
> 9. The UFP may publish revised and/or new versions
>of this License from time to time. Such new versions will
>be similar in spirit to the present version, but may differ in detail to
>address new problems or concerns.
>
>Each version is given a distinguishing version number. If the Program
>specifies a version number of this License which applies to it and "any
>later version", you have the option of following the terms and conditions
>either of that version or of any later version published by the UFP. If
>the Program does not specify a version number of
>this License, you must choose the most recent version of this license.
How does one know what the most recent version is? And is it not rather
silly to be able to change the licence without the licencee knowing it?
That is what this section does.
>
> 10. If you wish to incorporate parts of the Program into other free
>programs whose distribution conditions are different, write to the author
>to ask for permission. For software which is copyrighted by the UFP,
>write to the UFP; we sometimes make exceptions for this. Our decision will be
>guided by the two goals of preserving the free status of all derivatives of
>our free software and of promoting the sharing and reuse of software
>generally.
>
> 11. Any work your create using this program remains your intellectual
>property, and you may do with it as you please, including selling it. Also,
>you may ship a compiled binary form of the program along with your work to
>allow using it as long as you make clear that the program is not part of your
>work and where the program can be obtained for free, including source code.
>Also, you may not use the program's name to endorse your project or charge
>additionally for the program; this does not prohibit you from adding a note
>that states the program was the tool you created your work with, if you make
>clear that your work is completely your responsibility.
This does not allow the creation of standalones -- and it may be that this
contradicts other portions of the licence, depending on what "any work your
create using this program" means.
And this:
"Also, you may ship a compiled binary form of the program
along with your work to allow using it as long as you make
clear that the program is not part of your work and where
the program can be obtained for free, including source code."
contradicts section 3, above as well as a few other paragraphs.
>
>Because the program is not your property, you have to make the users of
>your work aware of the fact that they are allowed to freely copy the program
>and give it away to others at no charge.
This could get confusing, and seems redundant, too.
>
> 12. External media that ship with this program, such as graphics,
that ships
^
>sounds, movies, clip art may be used freely in works created using this
>program
>and in all modified versions of this program that fall under this license,
>inclusing documentation for this program, for modified versions that fall
>under
>this license and/or for work created using this program, as well as in
>screen shots in reviews of this program. They may not be used, however, in
>works
>based on works created with this program, or proprietary software, except
>if you obtained explicit permission from the creator of the specific media
>before.
This section contradicts itself:
not in "proprietary software"
but yes in "works created using this program"
which under section 11, above, may be "proprietary software"
And as far as not being used in "works based on works created with this
program", that contradicts "works created with this program" if the work
based on the work created with this program is created with this program.
And I'm nto sure what it is supposed to mean, either.
>
> 13. Source code and binaries that have been "plugged-in" into the
>program using included extension APIs (like functions, commands, properties,
>object types etc.) do not fall under this license as long as they do not
>require
>changes in or interact with other parts of the program except through the
>extension APIs provided.
We don't have such extension API's other than xThings. Someday, Interpreter
will get them, though. But this is already covered, above:
"If identifiable sections of that work are not derived from the Program,
and can be reasonably considered independent and separate works in
themselves, then this License, and its terms, do not apply to those
sections when you distribute them as separate works."
BTW: I think we'd get in trouble because this is pretty much the GPL, and
you're not allowed to change the GPL. We'd need to completely rewrite it.
