As far as the OSD is concerned, generally, the ORPL 2.0 seems fine to me, except for a couple of license drafting matters.
I would consider revising the grant clause (section 4) to reflect the initial grant, which was placed under section 1 ("Your Rights). For clarity, it seems appropriate to use a grant clause that contains the rights granted by the licensor as section 1 is written. Section 4 is a bit more mysterious in that it reads like a cross-license for subsequent licensees? Is this section an attempt to show consideration? Lastly, I can understand why an original licensor would want section 4 to survive "termination" of the license, but I am unaware of the legal basis for that kind of outcome. Even so, assuming this is a grey area, would it be more plausible to specify the purposes for which the grant in section 4 survives termination rather than to say any reason? I am assuming that none of the reasons include termination by the licensor. Is this correct? - Rod Rod Dixon Visiting Assistant Professor of Law Rutgers University Law School - Camden [EMAIL PROTECTED] http://www.cyberspaces.org/dixon/ My papers on the Social Science Research Network (SSRN) are available through the following url: http://papers.ssrn.com/author=240132 ----- Original Message ----- From: "Russell Nelson" <[EMAIL PROTECTED]> To: <[EMAIL PROTECTED]> Cc: "Terrall,Tom" <[EMAIL PROTECTED]> Sent: Monday, September 30, 2002 10:39 AM Subject: discuss: OCLC Office of Research Open Source License > [ Please discuss this license. -russ ] > > Open Source Initiative. September 23, 2002 > > > > > Dears Sirs, > > > We are submitting the OCLC Office of Research Public License 2.0 as a > candidate for OSI Certification. Feel free to post the license to the > license-discuss list. Let me know if I can assist in anyway. Thank > you. > > > Thomas L. Terrall > Software Engineer > > > License Approval Requirements > > 1. The OCLC Research Public License 2.0 (ORPL) is available for review at ( > http://purl.oclc.org/oclc/research/ORPL/ ) > 2. The ORPL 1.0 version was prepared by individuals, who are no longer at OCLC. > It appeared to be most closely related to Mozilla Public License 1.0 (MPL) in > content. ORPL 2.0 is a reworking of ORPL 1.0 guided by the Open Source > Definition and MPL. Our legal department assisted with the legal language and > necessary legal clauses. We hoped to improve the license by clarifying certain > issues and by simplifying and reorganizing the content. We also made certain > adaptations to our situation. Here are some of the differences between ORPL and > MPL. > i) ORPL does not allow for the executable code to be > distributed with a different license. See MPL 3.6. > ii) ORPL does not contain the content, Inability to Comply Due > to Statute or Regulation. See MPL 4.0. > iii) MPL allows licenser to grant additional rights to licensee. > We did not see this was applicable to our case. > iv) ORPL does not restrict in any way the commercial use of > software while MPL is unclear (to me) on this matter. > v) ORPL does not require the modifications made by a > Contributor to be sent to the Original Contributor. > vi) ORPL gives the required steps if there is a third party claim > against a version of software. > vii) ORPL explicitly states: This License provides you no implied > rights or licenses to the intellectual property of any > Contributor. > viii) MPL gives a more detailed definition of Source Code, > including interface definition files, compressed files, make > files and so on. We did not include these details > ix) MPL specifies a time interval for source code to be available > for those licensees who request it. We did not include a time > limit for this. > x) ORPL does not cover the case that contributors will not offer > warranty, support or liability protection to the code > recipients. > > > 3. Certain licenses are very simple, such as BSD, ORPL would have to take > precedence over BSD in a Combined Work. A license such as MRL which > requires Contributor updates to forwarded to the Original Contributor would take > precedence over ORPL. I don't know of an entirely incompatible license. > > OCLC Office of Research Open Source License > > Section 1. Your Rights > > Subject to these terms and conditions of this License, the > OCLC Office of Research (the "Original Contributor") and each > subsequent contributor (collectively with the Original Contributor, > the "Contributors") hereby grant you a non-exclusive, worldwide, > no-charge, transferable license to execute, prepare derivative > works of, and distribute (internally and externally), for > commercial and noncommercial purposes, the original code > contributed by Original Contributor and all Modifications > (collectively called the "Program"). > > Section 2. Definitions > > A "Modification" to the Program is any addition to or deletion from > the contents of any file of the Program and any new file that > contains any part of the Program. If you make a Modification and > distribute the Program externally you are a "Contributor." The > distribution of the Program must be under the terms of this license > including those in Section 3 below. > > A "Combined Work" results from combining and integrating all or > parts of the Program with other code. A Combined Work may be > thought of as having multiple parents or being result of multiple > lines of code development. > > Section 3. Distribution Licensing Terms > > A. General Requirements > > Except as necessary to recognize third-party rights or third-party > restriction (see below), a distribution of the Program in any of > the forms listed below must not put any further restrictions on the > recipient's exercise of the rights granted herein. > > As a Contributor, you represent that your Modification(s) are your > original creation(s) and, to the best of your knowledge, no third > party has any claim (including but not limited to intellectual > property claims) relating to your Modification(s). You represent > that each of your Modifications includes complete details of any > third-party right or other third-party restriction associated with > any part of your Modification (including a copy of any applicable > license agreement). > > The Program must be distributed without charge beyond the costs of > physically transferring the files to the recipient. > > This Warranty Disclaimer/Limitation of Liability must be > prominently displayed with every distribution of the Program in any > form: > > YOU AGREE THAT THE PROGRAM IS PROVIDED AS-IS, WITHOUT WARRANTY OF > ANY KIND (EITHER EXPRESS OR IMPLIED). ACCORDINGLY, OCLC MAKES NO > WARRANTIES, REPRESENTATIONS OR GUARANTEES, EITHER EXPRESS OR > IMPLIED, AND DISCLAIMS ALL SUCH WARRANTIES, REPRESENTATIONS OR > GUARANTEES, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES > OF MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE, AS TO: > (A) THE FUNCTIONALITY OR NONINFRINGEMENT OF PROGRAM, ANY > MODIFICATION, A COMBINED WORK OR AN AGGREGATE WORK; OR (B) THE > RESULTS OF ANY PROJECT UNDERTAKEN USING THE PROGRAM, ANY > MODIFICATION, A COMBINED WORK OR AN AGGREGATE WORK. IN NO EVENT > SHALL THE CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, > INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR ANY OTHER 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 THE PROGRAM, EVEN IF ADVISED > OF THE POSSIBILITY OF SUCH DAMAGES. YOU HEREBY WAIVE ANY CLAIMS > FOR DAMAGES OF ANY KIND AGAINST CONTRIBUTORS WHICH MAY RESULT FROM > YOUR USE OF THE PROGRAM. > > B. Requirements for a Distribution of Modifiable Code > > If you distribute the Program in a form to which the recipient can > make Modifications (e.g. source code), the terms of this license > apply to use by recipient. In addition, each source and data file > of the Program and any Modification you distribute must contain the > following notice: > > "Copyright (c) 2000- (insert then current year) OCLC Online > Computer Library Center, Inc. and other contributors. All rights > reserved. The contents of this file, as updated from time to time > by the OCLC Office of Research, are subject to OCLC Research Public > License Version 2.0 (the "License"); you may not use this file > except in compliance with the License. You may obtain a current > copy of the License at http://purl.oclc.org/oclc/research/ORPL/. > Software distributed under the License is distributed on an "AS IS" > basis, WITHOUT WARRANTY OF ANY KIND, either express or implied. See > the License for the specific language governing rights and > limitations under the License. This software consists of voluntary > contributions made by many individuals on behalf of OCLC > Research. For more information on OCLC Research, please see > http://www.oclc.org/oclc/research/. The Original Code is > ______________________________. The Initial Developer of the > Original Code is ________________________. Portions created by > ______________________ are Copyright (C) _____ > _______________________. All Rights Reserved. Contributor(s): > ______________________________________." > > C. Requirements for a Distribution of Non-modifiable Code > > If you distribute the Program in a form to which the recipient > cannot make Modifications (e.g. object code), the terms of this > license apply to use by recipient and you must include the > following statement in appropriate and conspicuous locations: > > "Copyright (c) 2000- (insert then current year) OCLC Online > Computer Library Center, Inc. and other contributors. All rights > reserved." > > In addition, the source code must be included with the object code > distribution or the distributor must provide the source code to the > recipient upon request. > > D. Requirements for a Combined Work Distribution > > Distributions of Combined Works are subject to the terms of this > license and must be made at no charge to the recipient beyond the > costs of physically transferring the files to recipient. > > A Combined Work may be distributed as either modifiable or > non-modifiable code. The requirements of Section 3.B or 3.C above > (as appropriate) apply to such distributions. > > An "Aggregate Work" is when the Program exists, without > integration, with other programs on a storage medium. This License > does not apply to portions of an Aggregate Work which are not > covered by the definition of "Program" provided in this > License. You are not forbidden from selling an Aggregate > Work. However, the Program contained in an Aggregate Work is > subject to this License. Also, should the Program be extracted > from an Aggregate Work, this License applies to any use of the > Program apart from the Aggregate Work. > > Section 4. License Grant > > For purposes of permitting use of your Modifications by OCLC and > other licensees hereunder, you hereby grant to OCLC and such other > licensees the non-exclusive, worldwide, royalty- free, > transferable, sublicenseable license to execute, copy, alter, > delete, modify, adapt, change, revise, enhance, develop, publicly > display, distribute (internally and externally) and/or create > derivative works based on your Modifications (and derivative works > thereof) in accordance with these Terms. This Section 4 shall > survive termination of this License for any reason. > > Section 5. Termination of Rights > > This non-exclusive license (with respect to the grant from a > particular Contributor) automatically terminates for any entity > that initiates legal action for intellectual property infringement > (with respect to the Program) against such Contributor as of the > initiation of such action. > > If you fail to comply with this License, your rights (but not your > obligations) under this License shall terminate automatically > unless you cure such breach within thirty (30) days of becoming > aware of the noncompliance. All sublicenses granted by you which > preexist such termination and are properly granted shall survive > such termination. > > Section 6. Other Terms > > Except for the copyright notices required above, you may not use > any trademark of any of the Contributors without the prior written > consent of the relevant Contributor. You agree not to remove, > alter or obscure any copyright or other proprietary rights notice > contained in the Program. > > All transfers of the Program or any part thereof shall be made in > compliance with U.S. import/export regulations or other > restrictions of the U.S. Department of Commerce, as well as other > similar trade or commerce restrictions which might apply. > > Any patent obtained by any party covering the Program or any part > thereof must include a provision providing for the free, perpetual > and unrestricted commercial and noncommercial use by any third > party. > > If, as a consequence of a court judgment or settlement relating to > intellectual property infringement or any other cause of action, > conditions are imposed on you that contradict the conditions of > this License, such conditions do not excuse you from compliance > with this License. If you cannot distribute the Program so as to > simultaneously satisfy your obligations under this License and such > other conditions, 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, you could not satisfy both the > patent license and this License, and you would be required to > refrain entirely from distribution of the Program. > > If you learn of a third party claim or other restriction relating > to a Program you have already distributed you shall promptly redo > your Program to address the issue and take all reasonable steps to > inform those who may have received the Program at issue. An example > of an appropriate reasonable step to inform would be posting an > announcement on an appropriate web bulletin board. > > The provisions of this License are deemed to be severable, and the > invalidity or unenforceability of any provision shall not affect or > impair the remaining provisions which shall continue in full force > and effect. In substitution for any provision held unlawful, there > shall be substituted a provision of similar import reflecting the > original intent of the parties hereto to the extent permissible > under law. > > The Original Contributor from time to time may change this License, > and the amended license will apply to all copies of the Program > downloaded after the new license is posted. This License grants > only the rights expressly stated herein and provides you with no > implied rights or licenses to the intellectual property of any > Contributor. > > This License is the complete and exclusive statement > of the agreement between the parties. This License shall be > governed by and construed in accordance with the laws of the State > of Ohio and the United States of America, without regard to > principles of conflicts of law. > > -- end of license > -- > license-discuss archive is at http://crynwr.com/cgi-bin/ezmlm-cgi?3 -- license-discuss archive is at http://crynwr.com/cgi-bin/ezmlm-cgi?3