Ted Guild <[email protected]> writes:

> W3C is creating an excerpt license (current draft online [1]) and
> hoping to get public review and feedback, including particularly from
> the Open Source community.

The complete license is reproduced below, for easy review on
debian-legal.

One problematic part seem to be (my emphasis):

  Permission to copy, to use, to create derivatives of parts of the work
  (but not the entire work), or to create extended citations or
  ^^^^^^^^^^^^^^^^^^^^^^^^^
  excerpts, without fee or royalty is hereby granted provided that the
  licensee:

I think this fails DFSG#3 which requires that you can create derivative
works.

Further, this part:

   The target content must not create a derivative specification.

It appears to fail DFSG#6 which requires that the license do not
discriminate against some fields of endeavor.

/Simon

[Draft] W3C® Excerpt & Citation License

Status: This document was announced publicly on 4 March 2009. Please send any 
comments to [email protected] by 18 March 2009.

Public documents on the W3C website that are provided under the W3C Document 
License can also be used under this W3C Excerpt License. By using and/or 
copying this document, or any W3C document that either links to the then 
current document license or to this license, you (the licensee) agree that you 
have read, understood, and will comply with the terms and conditions that 
follow. For further information, please see the Explanatory Note on the W3C® 
Excerpt & Citation License.

The permissions below are granted for documents in any medium that refer to 
this license or to the W3C Document Licence and that have been created for the 
purpose of software documentation, defined to be: any material intended to help 
users understand software features or functionalities that implement parts of a 
W3C specification. This includes but is not limited to material provided in 
Help systems.
Permissions

Permission to copy, to use, to create derivatives of parts of the work (but not 
the entire work), or to create extended citations or excerpts, without fee or 
royalty is hereby granted provided that the licensee:

Attribution

        * include links or URLs to the original W3C documents used on at least 
one prominent place of the software documentation
        * include this text at the same location:

              This documentation has been created using excerpts from one or 
more referenced W3C Documents. More information can be found on the original 
W3C Documents. The use of citations or excerpts according to the W3C excerpt 
and citation license does not create an endorsement by W3C in any way. Legal 
notices and licenses from W3C are available at 
http://www.w3.org/Consortium/Legal/ipr-notice. 

No derivative specifications
    The target content must not create a derivative specification. 
Specifically, it must not:

        * resemble visually the original specification;
        * use the W3C logo;
        * copy or mimic any 'Status of this Document' section.
        * copy or mimic the head of the document until the copyright section

Disclaimer
    Include the following disclaimer:

        W3C DOCUMENTS ARE PROVIDED "AS IS," AND NEITHER COPYRIGHT HOLDERS NOR 
W3C MAKE REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT 
LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, 
NON-INFRINGEMENT, OR TITLE; THAT THE CONTENTS OF THE DOCUMENT ARE SUITABLE FOR 
ANY PURPOSE; NOR THAT THE IMPLEMENTATION OF SUCH CONTENTS WILL NOT INFRINGE ANY 
THIRD PARTY PATENTS, COPYRIGHTS, TRADEMARKS OR OTHER RIGHTS.

        NEITHER W3C NOR COPYRIGHT HOLDERS OF THE INITIAL DOCUMENTS WILL BE 
LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT 
OF ANY USE OF THE DOCUMENT CITED OR USED OR THE PERFORMANCE OR IMPLEMENTATION 
OF THE CONTENTS THEREOF.

Other Rights

No further right to create modifications or derivatives of W3C documents is 
granted pursuant to this license subject to the following exceptions:

    * If additional requirements (documented in the Copyright FAQ) are 
satisfied, the right to create modifications or derivatives is sometimes 
granted by the W3C to individuals complying with those requirements.

The name and trademarks of NEITHER W3C NOR of the copyright holders may be used 
in advertising or publicity pertaining to this document or its contents without 
specific, written prior permission. Title to copyright in this document and in 
the documents that link to this license will at all times remain with W3C and 
the copyright holders.


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