copyleft lite? - rev 3

2002-07-15 Thread Bruce Dodson

Thanks for the feedback so far!

By without fee I meant that copyright holder(s) were not imposing a fee;
this was confusing and unnecessary so I removed it.

I see what you meant meant about the rights not specifically granted are
reserved being superfluous.  I've removed it for now, but might add it
back.  Not sure whether the license is easier to understand with or without
that.

Nailing down the copyleft scope was the tricky bit.  This doubled the length
of the license terms.   As soon as you start talking about what's inside the
scope of copyleft, you also have to talk about what's outside the scope.  I
taken a stab at this but I think I could use some help with the wording,
especially in the last paragraph.

Here's the current revision:

software program name.
Copyright (c) year(s) copyright holder(s).  All rights reserved.


LICENSE AGREEMENT:
  This license agreement applies to the accompanying software,
  documentation, and related materials (software).  This license
  also applies to derivative works.

  Permission to use, copy, and distribute this software is hereby
  granted, provided that the above copyright notice appear in all
  copies or substantial portions of the software; and that the above
  copyright notice, this permission notice, and the following
  disclaimers appear in the documentation and/or other materials
  provided with the software.  When you distribute this software
  outside your organization, the source code must be made available
  to the recipients under these license terms, and/or under the
  terms of the GNU General Public License (GPL) as published by
  the Free Software Foundation.

  You may create derivative works by modifing this software;
  and/or by combining part or all of this software with other
  materials.  Derivative works must be plainly marked as
  such, and must not be misrepresented as being the original
  software.  When you distribute a derivative work based
  on the software, the source code for the entire derivative
  work must be made available under the terms of this license
  and/or the GPL.

  A work that does not itself contain any portion of the
  software is not considered a derivative work, even if it
  accesses services exposed by this software or a derivative
  work; even when it is stored or distributed on the same
  medium with software licensed under this agreement.

  Your rights under this license will terminate automatically if
  you fail to comply with the terms and conditions set forth herein.


DISCLAIMER OF WARRANTY:
  THIS SOFTWARE AND THE ACCOMPANYING FILES ARE PROVIDED
  AS IS.  NO WARRANTY OF FITNESS FOR ANY PARTICULAR
  PURPOSE IS OFFERED.  ANY AND ALL WARRANTIES, WHETHER
  EXPRESS OR IMPLIED, ARE DISCLAIMED.

  IN NO EVENT SHALL THE COPYRIGHT HOLDERS OR CONTRIBUTING
  AUTHORS 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 SOFTWARE, EVEN IF ADVISED OF
  THE POSSIBILITY OF SUCH DAMAGE.

  The recipient must assume the entire risk of using this software.


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Re: copyleft lite?

2002-07-13 Thread Andy Tai

These terms will make it not GPL compatible because
the GPL is not identical to these terms. Maybe
something like the source code (including any
modifications) must be made available to the
recipients under these terms or the terms of the GNU
General Public License...


--- Bruce Dodson [EMAIL PROTECTED] wrote:
 I'm trying for a simple, easy-to-read license with
 some degree of copyleft.
 I hope it will be compatible with the GPL also. 

 __
 
 
 
 LICENSE AGREEMENT:
 
 When you
   distribute this software outside your
 organization, the source
   code (including any modifications) must be made
 available to the
   recipients under these license terms.


__
Do You Yahoo!?
Yahoo! Autos - Get free new car price quotes
http://autos.yahoo.com
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Re: copyleft lite?

2002-07-13 Thread Bjorn Reese

Bruce Dodson wrote:

   disclaimers appear in supporting documentation.  When you
   distribute this software outside your organization, the source
   code (including any modifications) must be made available to the
   recipients under these license terms.

You have not defined the copyleft scope. That is, how much of the source
code has to be made available? Only the source code put under this license
(like MozPL), the source code that somehow belongs together (like LGPL),
or everything that goes into the executable (like GPL).
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Re: copyleft lite?

2002-07-13 Thread Bruce Dodson

Okay.  I can add that or under GPL clause; it doesn't really make the
license harder to understand, and it's worth it to ensure GPL compatibility.

I will have to work on some simple explanation of what modifications
means.  Suggestions are welcome!  I'm thinking if the resulting software
ends up as one binary executable file (DLL / EXE / .so / whatever), the
whole thing needs to be covered under the terms of this license (or the
terms of the GPL, subject to its definition of what constitutes a
modification).  But I want the wording to be simple and not scary - I don't
want the recipient to need to hire both a lawyer and a programmer to
understand the license!

software program name.
Copyright (c) year(s) copyright holder(s).  All rights reserved.


LICENSE AGREEMENT:
  This is a license agreement and not an agreement for sale.  All
  rights not specifically granted in this agreement are reserved
  to the copyright holder(s).

  Permission to use, copy, modify, and distribute this software
  for any purpose and without fee is hereby granted, provided that
  the above copyright notice appear in all copies, and that the
  above copyright notice, this permission notice, and the following
  disclaimers appear in supporting documentation.  When you
  distribute this software outside your organization, the source
  code (including any modifications) must be made available to the
  recipients under these license terms, or under the terms of the
  GNU General Public License as published by the Free Software
  Foundation.

  Your rights to use, copy, modify, and distribute this software
  will terminate automatically if you fail to comply with the
  terms and conditions set forth in this license agreement.

DISCLAIMER OF WARRANTY:
  THIS SOFTWARE AND THE ACCOMPANYING FILES ARE PROVIDED
  AS IS.  NO WARRANTY OF FITNESS FOR ANY PARTICULAR
  PURPOSE IS OFFERED.  ANY AND ALL WARRANTIES, WHETHER
  EXPRESS OR IMPLIED, ARE DISCLAIMED.

  IN NO EVENT SHALL THE COPYRIGHT HOLDERS OR CONTRIBUTING
  AUTHORS 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 SOFTWARE, EVEN IF ADVISED OF
  THE POSSIBILITY OF SUCH DAMAGE.

  The recipient must assume the entire risk of using this software.



- Original Message -
From: Andy Tai [EMAIL PROTECTED]
To: Bruce Dodson [EMAIL PROTECTED];
[EMAIL PROTECTED]
Sent: Saturday, July 13, 2002 5:40 AM
Subject: Re: copyleft lite?


 These terms will make it not GPL compatible because
 the GPL is not identical to these terms. Maybe
 something like the source code (including any
 modifications) must be made available to the
 recipients under these terms or the terms of the GNU
 General Public License...


 --- Bruce Dodson [EMAIL PROTECTED] wrote:
  I'm trying for a simple, easy-to-read license with
  some degree of copyleft.
  I hope it will be compatible with the GPL also.

  __
 
 
 
  LICENSE AGREEMENT:

  When you
distribute this software outside your
  organization, the source
code (including any modifications) must be made
  available to the
recipients under these license terms.


 __
 Do You Yahoo!?
 Yahoo! Autos - Get free new car price quotes
 http://autos.yahoo.com

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Re: copyleft lite?

2002-07-13 Thread Forrest J. Cavalier III

Seems to me that it is not GPL compatible.  The GPL expressly
prohibits combining with licenses that have more restrictive terms
than the GPL.

without fee is a restriction the GPL does not include.


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Re: copyleft lite?

2002-07-13 Thread Mahesh T Pai

Bruce Dodson wrote:

 All rights not specifically granted in this agreement are reserved
  to the copyright holder(s).

That one line is superfluous.  That is what the statute book says. 
 Since it there in the statute book, this is how it will be, whether you 
say it or not.

  Your rights to use, copy, modify, and distribute this software
  will terminate automatically if you fail to comply with the
  terms and conditions set forth in this license agreement.

Your rights under this license will terminate .   will save a few 
words, and serve the purpose.

DISCLAIMER OF WARRANTY:

How about adding a clause to the effect that source code is available, 
and it is for the user you to verify whether the software meets his 
requirements?  Definitely, in terms of product liability, the copyright 
holders of packages released under open source licences have a definite 
edge in this respect.  I feel that this is one clause which ought to be 
included in the GPL also.

Such a clause would be in conformance with, and indeed more relevant in 
light of open source business strategy of charging support and services 
rather that the initial down payments.

Regards,

Mahesh T. Pai.






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Re: copyleft lite?

2002-07-13 Thread Randy Kramer

Mahesh T Pai wrote:
 That one line is superfluous.  That is what the statute book says.
  Since it there in the statute book, this is how it will be, whether you
 say it or not.

IANAL, but isn't that true only until they change the statute book?

In other words, isn't there something to be said for stating your intent
even if it is superfluous, in case the statute book is changed?

Randy Kramer
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copyleft lite?

2002-07-12 Thread Bruce Dodson

I'm trying for a simple, easy-to-read license with some degree of copyleft.
I hope it will be compatible with the GPL also.  Please take a look at the
following, and help me find any flaws.

Thanks,
Bruce
__

software program name.
Copyright (c) year(s) copyright holder(s).  All rights reserved.


LICENSE AGREEMENT:
  This is a license agreement and not an agreement for sale.  All
  rights not specifically granted in this agreement are reserved
  to the copyright holder(s).

  Permission to use, copy, modify, and distribute this software
  for any purpose and without fee is hereby granted, provided that
  the above copyright notice appear in all copies, and that the
  above copyright notice, this permission notice, and the following
  disclaimers appear in supporting documentation.  When you
  distribute this software outside your organization, the source
  code (including any modifications) must be made available to the
  recipients under these license terms.

  Your rights to use, copy, modify, and distribute this software
  will terminate automatically if you fail to comply with the
  terms and conditions set forth in this license agreement.

DISCLAIMER OF WARRANTY:
  THIS SOFTWARE AND THE ACCOMPANYING FILES ARE PROVIDED
  AS IS.  NO WARRANTY OF FITNESS FOR ANY PARTICULAR
  PURPOSE IS OFFERED.  ANY AND ALL WARRANTIES, WHETHER
  EXPRESS OR IMPLIED, ARE DISCLAIMED.

  IN NO EVENT SHALL THE COPYRIGHT HOLDERS OR CONTRIBUTING
  AUTHORS 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 SOFTWARE, EVEN IF ADVISED OF
  THE POSSIBILITY OF SUCH DAMAGE.

  The recipient must assume the entire risk of using this software.
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