Ben Tilly wrote:
>OK, here is what I hope is the last draft of the AL before I
>send out an RFC. I will send humorous commentary around
>shortly.
OK, here is the "translation" as well. If people like it my
goal is to make the structure of the legalese a little easier.
One comment I have received is that there are a lot of
don'ts. Well there is a simple reason. You know how a good
firewall that wants to deny everything spends its time saying
what it will accept? I am doing the same thing, only in
reverse. The fact that the original did not is why it missed
things Larry wanted to allow and is the cause of some of its
problems.
Cheers,
Ben
> THE ARTISTIC LICENSE
THE ARTISTIC LICENCE
> VERSION 2, SEPTEMBER 2000
(Yeah, we tried to say this before)
>
> Preamble
The Short Version
> The intent of this License is to state terms
>under which the
>developers of a free software project may allow use and borrowing
>from the project while retaining a semblance of artistic control
>over future development. This license may be used on its own
>but is intended to be used in a dual-licensing scheme and is
>incompatible with other widely used free software licenses when
>used outside of a dual-licensing arrangement.
These are the rules to, "We will share if you don't screw us."
We probably are playing, "Let's all be nice" as well, but this
isn't where we tell you that.
>1) What is covered.
1) The scope.
> 1.1) This License applies to any work or derivative from a work
> or collection of works containing a notice placed by the
> copyright holder or holders licensing it in whole or in part
> under the terms of this Artistic License. The "Package"
> refers to some package which this license applies to. A
> "Standard Version" is any such work which falls entirely
> under this Artistic License. Each licensee is addressed as
> "you".
1.1) If we say its ours and the government agrees, it's ours.
The "Package" has some of our stuff. A "Standard Version"
would be totally ours. And Bubba, you're you.
> 1.2) To redistribute, modify, or derive from the Package you
> must satisfy all copyright and license obligations on it.
> The proposed agreement contained in section 2 of this
> license may be used to satisfy any and all copyrights on
> the Package which have been placed under this License.
1.2) The Feds say you gotta listen to us before copying,
changing, or borrowing from our stuff. But section 2 tells
you how to get us to play nice.
> 1.3) The copyrights placed under this License in no way
> restrict your use of the Package. Similarly programs,
> libraries, files and the like used as input, output, or
> linked to the programs and libraries of the Package remain
> the property of whoever produced them unless required
> otherwise by applicable laws and agreements.
1.3) If we didn't do it, we don't want to claim it unless
the Feds say we gotta.
> 1.4) Intermediate states of the programs and libraries in this
> Package during operation shall fall under the copyrights of
> this License if that is possible after reviewing all
> applicable licenses, agreements, and laws. In particular
> binary images produced using "undump", saving internal byte
> code, or other methods of taking a snapshot of the state
> during operation are likely to be derivative works to which
> this License applies.
1.4) The running state of our stuff is ours unless the Feds
disagree. That includes "undump", dumping byte code, or any
other snapshot technique you think of.
>
>2) This section is an agreement offered by the copyright holders
> for the convenience of those wishing to distribute, modify, and
> create derivative works. You are under no obligation to accept
> the terms presented here, however the activities covered are
> otherwise prevented by law.
2) Here is how to get us to play nice. You don't have to get us
to play nice, but we got the Feds on our side.
> 2.1) The definitions in section 1.1) apply to this agreement.
> In addition "Original Version" shall refer to a Standard
> Version that the Package is modified or derived from. You
> may choose which Standard Version is the Original Version,
> but you may only choose the Package itself if no previous
> candidates exist. "Licensed Section" refers to any and all
> files or portions of files in the Package that fall under
> copyrights arising from the Original Version. And a
> modification shall be called "includable in the Original
> Version" if it may be applied to any Standard Version
> within the existing terms of development for the Original
> Version. Specifically it must be able to be freely licensed
> under all licenses applying to the Original Version, no
> additional licensing terms may be added beyond modest
> copyright notifications and acknowledgement of sources.
> And finally any agreements covering development and licensing
> for the Original Version must be agreed to.
2.1) We ain't changed how we use the language. "Original
Version" is whatever of ours you started with. You can
figure that out for yourself, but it ain't the Package
unless that truly is original. And changes are
"includable in the Original Version" if we can grab it and
run with it. OK, you can ask us to admit where we are
stealing from, but that's it.
> 2.2) If this Package is derived from several there might be no
> single Original Version that contains all copyrights on the
> Package which fall under this license. In this case it is
> suggested that you accept this agreement multiple times, once
> per Original Version, until all copyrights have been covered.
2.2) There are a bunch of us groups? Well line us up and let
each take its turn then!
> 2.3) You may apply modifications produced by the copyright
> holders and others that are includable in the Original
> Version.
2.3) Hey, if we can run with it, you can play with it.
> 2.4) Should you produce modifications to any Licensed Section
> you must cause it to bear a prominent notice indicating how
> and when you changed that file. Similarly should you borrow
> copyrighted code from a Licensed Section, you must cause it
> to bear a prominent notice indicating the source and
> copyright. Unless you wish to distribute the Package
> outside of your company or organization, you have no further
> obligations under this agreement.
2.4) Autograph your fingerprints. Hey, and indicate what's
ours. And that's it unless you want to ship it.
> 2.5) Would be contributers to the Original Version are
> responsible for reviewing and agreeing to agreements and
> licenses that cover development. In particular note that
> projects with many contributers may ask for agreement to a
> defined procedure through which a designated maintainer can
> make decisions regarding copyright and licensing without
> requiring explicit permission from each and every one.
2.5) You want to play in our sandbox, you gotta play by our
rules. And note that a bunch of us think it is a good
idea to make "Larry plays benevolent dictator" legally
binding.
> 2.6) You are allowed to distribute modifications with or
> without charge if they are includable in the Original Version
> and the recipient is permitted in turn to make them
> publically available and still includable in the Original
> Version.
2.6) If it is meant for us, you can ship your changes. And
you don't have to show us directly if you don't want.
> 2.7) The following are your obligations on availability of
> source-code arising from this agreement if you choose to
> distribute the Package outside of your company or
> organization:
2.7) If you ship, this is what you gotta show in the way
of source-code.
> 2.7.1) If the package contains no programs or library files
> which overly expose interfaces derived from internal or
> external interfaces used in the Original Version, you have
> no obligations under this section.
2.7.1) If we are outta sight, we are outta mind. Later.
> 2.7.2) Unless 2.7.1 applies, you must provide instructions on
> how to obtain the source of the Original Version from some
> place where it is publically available free of charge.
2.7.2) Otherwise you have to tell people how to get the
source to our stuff for free.
> 2.7.3) If this is a Standard Version different from the
> Original Version then you must include a summary of what
> the changes are in the manual page or equivalent.
> Furthermore you must provide instructions on how to obtain
> the source of this Package and the modifications between
> the Original Version and this version from some place where
> it is publically available free of charge.
2.7.3) If this is a new standard version you have to give
a summary of what changed, and show your source and
changes so we can play with it.
> 2.7.4) Should the instructions in 2.7.2 or 2.7.3 fail to
> work as advertised, you must upon request from anyone
> promptly locate an alternate source, and if you cannot
> then stand ready to provide it yourself. Since
> distributing the Original Version may obligate you to
> produce source for even older versions, it is suggested
> that you rely on a source which is affiliated with the
> developers of the Original Version.
2.7.4) We mean it about providing source and changes, and
we are willing to resort to fancy tricks like recursion
to do it! But hey, let's make it easy, just tell them
to go to us.
> 2.8) The following are your obligations for avoiding
> potential and perceived conflicts with the Original Version
> should you choose to distribute the Package outside of your
> company or organization and it is not a Standard Version:
2.8) We don't want confusion of what we are shipping, so this
is what we want in that regard:
> 2.8.1) Any programs or library files in the Package whose
> names match those found in the Original Version shall
> either be identical to the one from the Original Version,
> shall be identical to one obtained from another Standard
> Version, or shall not contain or use in operation any
> program or library in the Package falling under the
> copyrights in the Original Version. This prohibition
> extends to programs or library files that you make, or
> encourage others to make, available under conflicting
> names through symbolic links, shell scripts, or other
> techniques.
2.8.1) If it looks like stuff we shipped, it has to be from
a Standard Version or it has to be completely independent
of us. And no dirty tricks to get around this either!
> 2.8.2) Any programs or library files in the Package which
> have been modified from the Original Version and been
> renamed in accord with 2.8.1) shall bear in their manual
> page or equivalent mention of what the original was and
> describe how it was changed.
2.8.2) If you change it (don't forget to rename it) say
what you did in the man pages.
> 2.8.3) Any other programs or library files in the Package
> which did not appear in the Original Version but overtly
> expose interfaces derived from public or private
> interfaces used in the Original Version shall mention
> this fact in their manual page or equivalent.
2.8.3) If you create something new that shows our
stuff, mention that as well.
> 2.9) Should you choose to distribute the Package outside of
> your company or organization in binary form, you shall not
> intentionally ship it in a manner such that any program or
> library file included from the Original Version fails the
> regression test given for it in the Original Version.
> Should you discover or be informed of such breakage, it is
> your obligation to promptly publically announce the problem
> and seek a solution. Should no other solution readily
> present itself, you must cease to distribute the broken
> package.
2.9) Don't ship our stuff broken, makes us look bad. But if
it was an accident, solve the situation and be apologetic,
we understand accidents.
> 2.10) You may not represent works in the Original Version as
> your own unless they are. Nor may you use the names of the
> copyright holders and contributers to the Original Version
> for endorsement without prior written permission.
2.10) If it ain't yours, don't lie. And some of us think
Larry might be God, so don't take His name in vain.
> 2.11) Potential conflicts from 2.8 notwithstanding, no
> additional restrictions shall arise from aggregating
> this Package with any other works and packages before
> distribution.
2.11) OK, we see how to cause a conflict with bundling,
but that is explicitly allowed because we want OSI,
Debian, etc to be happy. (Conflict: Include two
packages, one of which derives from the Original Version,
one of which derives from an earlier version and creates
something of the same name as something in the Original
Version.)
> 2.12) Subject to the terms laid out above, the copyright
> holders on the Original Version grant full permission for
> you to modify, derive from, and distribute any and all
> copyrighted material from the Original Version, with or
> without charge.
>
2.12) That is what we mean by "don't screw us", do that and
we agree to share.
>
>3) Disclaimer of Warranty:
>
3) Note to the morally challenged:
> 3.1) THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND
> CONTRIBUTORS ``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 UNLESS REQUIRED BY LAW OR AGREED TO IN
> WRITING WILL ANY COPYRIGHT HOLDER OR CONTRIBUTOR 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, 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.
3.1) WE ARE WRITING THIS AND GIVING IT AWAY FREE. YOU ARE
OUT OF YOUR COTTON-PICKING MIND IF YOU THINK YOU CAN SUE
US FOR BUGS!!!
(This is a literary work under the Copyright Act and should not
be construed as legal advice.)
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