Last Month, I posted the attached new iteration of the Reciprocal Public License(version 1.1). There were some criticisms of this license that were made, but I don't think anything showed that the conditions in the RPL were outside the OSI guidelines.
What do we need to do to get approval on this license? RJB Original message: A while back, I submitted a license to this list a software license the we wanted to get approval on. We've rewritten the license-and hope that we've covered the objections that were raised then-so we'd like folks to take another look at it. Thanks for the previous input. RJB Justification for a New license The Reciprocal Public License (RPL) is a license derived largely from the Apple Public Source License or APSL version 1.2 and the GNU General Public License version 2. The LGPL and MPL were also referenced, as was the Jabber Open Source License. Our main goal in creating the RPL was to create a license similar in intent to the GPL with respect to being "viral", but which did not include a "privacy clause" such as that found in the GPL. In particular, we wanted to ensure that consumers of RPL code were required to release their source code under the RPL subsequent to any deployment, internal or otherwise. We further wanted to create terminology surrounding the question of what code was covered that did not rely on terms such as "linking" etc. which are difficult to define in a world dominated by interpreted languages and virtualmachines. The RPL's use of the term "Required Components" addresses this issue while attempting to remain open to the integration of RPL-based code with code from other licenses. One additional goal was to create a license that could be used by other parties in licensing their code, therefore we've attempted to limit references to a specific company and provided for the construction of derivative licenses whose only modification is to the Notice required in each source code file, as well as other license derivatives so long as they are renamed to avoid confusion. We feel the RPL is compatible for use with other open source licenses. First, the RPL makes no claims on code which is not authored by the licensee. For code which is authored by the licensee there are a few scenarios. If the new code wouldn't be covered by another license the RPL applies and the new code is inherently governed by the RPL. When code authored by the licensee is a derivative work of code licensed under a different license, the RPL requires that the new code be dual-licensed such that both licenses may be honored while ensuring that a pure-RPL version remains available to all parties. When, for some reason, a conflict in license terms would still exist the RPL specifies that the licensee should contact the Licensor for permission to resolve the conflicting terms in a fashion which remains consistent with the intent of the RPL. See Section 6.6 for specific wording here. =============================== RECIPROCAL PUBLIC LICENSE Version 1.1, November 1, 2002 Copyright (C) 2001-2002 Technical Pursuit Inc., All Rights Reserved. PREAMBLE This Preamble is intended to describe, in plain English, the nature, intent, and scope of this License. However, this Preamble is not a part of this License. The legal effect of this License is dependent only upon the terms of the License and not this Preamble. This License is based on the concept of reciprocity. In exchange for being granted certain rights under the terms of this License to Licensor's Software, whose Source Code You have access to, You are required to reciprocate by providing equal access and rights to all third parties to the Source Code of any Modifications, Derivative Works, and Required Components for execution of same (collectively defined as Extensions) that You Deploy by Deploying Your Extensions under the terms of this License. In this fashion the available Source Code related to the original Licensed Software is enlarged for the benefit of everyone. Under the terms of this License You may: a. Distribute the Licensed Software exactly as You received it under the terms of this License either alone or as a component of an aggregate software distribution containing programs from several different sources without payment of a royalty or other fee. b. Use the Licensed Software for any purpose consistent with the rights granted by this License, but the Licensor is not providing You any warranty whatsoever, nor is the Licensor accepting any liability in the event that the Licensed Software doesn't work properly or causes You any injury or damages. c. Create Extensions to the Licensed Software consistent with the rights granted by this License, provided that You make the Source Code to any Extensions You Deploy available to all third parties under the terms of this License, document Your Modifications clearly, and title all Extensions distinctly from the Licensed Software. d. Charge a fee for warranty or support, or for accepting indemnity or liability obligations for Your customers. Under the terms of this License You may not: a. Charge for the Source Code to the Licensed Software, or Your Extensions, other than a nominal fee not to exceed Your cost for reproduction and distribution where such reproduction and distribution involve physical media. b. Modify or delete any pre-existing copyright notices, change notices, or License text in the Licensed Software. c. Assert any patent claims against the Licensor or Contributors, or which would in any way restrict the ability of any third party to use the Licensed Software or portions thereof in any form under the terms of this License, or Your rights to the Licensed Software under this License automatically terminate. d. Represent either expressly or by implication, appearance, or otherwise that You represent Licensor or Contributors in any capacity or that You have any form of legal association by virtue of this License. Under the terms of this License You must: a. Document any Modifications You make to the Licensed Software including the nature of the change, the authors the change, and the date of the change. This documentation must appear both in the Source Code and in a text file titled "CHANGES" distributed with the Licensed Software and Your Extensions. b. Make the Source Code for any Extensions You Deploy available in a timely fashion via an Electronic Distribution Mechanism such as FTP or HTTP download. c. Notify the Licensor of the availability of Source Code to Your Extensions in a timely fashion and include in such notice a brief description of the Extensions, the distinctive title used, and instructions on how to acquire the Source Code and future updates. d. Grant Licensor and all third parties a world-wide, non-exclusive, royalty-free license under any intellectual property rights owned or controlled by You to use, reproduce, display, perform, modify, sublicense, and distribute Your Extensions, in any form, under the terms of this License. LICENSE TERMS 1.0 General; Applicability & Definitions. This Reciprocal Public License Version 1.0 ("License") applies to any programs or other works as well as any and all updates or maintenance releases of said programs or works ("Software") not already covered by this License which the Software copyright holder ("Licensor") makes publicly available containing a Notice (hereinafter defined) from the Licensor specifying or allowing use or distribution under the terms of this License. As used in this License and Preamble: 1.1 "Contributor" means any person or entity who created or contributed to the creation of an Extension. 1.2 "Deploy" means to use, Serve, sublicense or distribute Licensed Software other than for Your internal Research and/or Personal Use, and includes without limitation, any and all internal use or distribution of Licensed Software within Your business or organization other than for Research and/or Personal Use, as well as direct or indirect sublicensing or distribution of Licensed Software by You to any third party in any form or manner. 1.3 "Derivative Works" as used in this License is defined under U.S. copyright law. 1.4 "Electronic Distribution Mechanism" means a mechanism generally accepted in the software development community for the electronic transfer of data such as download from an FTP or web site, where such mechanism is publicly accessible. 1.5 "Extensions" means any Modifications, Derivative Works, or Required Components as those terms are defined in this License. 1.6 "License" means this Reciprocal Public License. 1.7 "Licensed Software" means any Software licensed pursuant to this License. Licensed Software also includes all previous Extensions from any Contributor that You receive. 1.8 "Licensor" means the copyright holder of any Software previously uncovered by this License who releases the Software under the terms of this License. 1.9 "Modifications" means any additions to or deletions from the substance or structure of (i) a file or other storage containing Licensed Software, or (ii) any new file or storage that contains any part of Licensed Software, or (iii) any file or storage which replaces or otherwise alters the original functionality of Licensed Software at runtime. 1.10 "Notice" means the notice contained in EXHIBIT A. 1.11 "Personal Use" means use of Licensed Software by an individual solely for his or her personal, private and non-commercial purposes. An individual's use of Licensed Software in his or her capacity as an officer, employee, member, independent contractor or agent of a corporation, business or organization (commercial or non-commercial) does not qualify as Personal Use. 1.12 "Required Components" means any text, programs, scripts, schema, interface definitions, control files, or other works created by You which are required by a third party of average skill to successfully install and run Licensed Software containing Your Modifications, or to install and run Your Derivative Works. 1.13 "Research" means investigation or experimentation for the purpose of understanding the nature and limits of the Licensed Software and its potential uses. 1.14 "Serve" means to deliver Licensed Software and/or Your Extensions by means of a computer network to one or more computers for purposes of execution of Licensed Software and/or Your Extensions. 1.15 "Software" means any computer programs or other works as well as any updates or maintenance releases of those programs or works which are distributed publicly by Licensor. 1.16 "Source Code" means the preferred form for making modifications to the Licensed Software and/or Your Extensions, including all modules contained therein, plus any associated text, interface definition files, scripts used to control compilation and installation of an executable program or other components required by a third party of average skill to build a running version of the Licensed Software or Your Extensions. 1.17 "You" or "Your" means an individual or a legal entity exercising rights under this License. For legal entities, "You" or "Your" includes any entity which controls, is controlled by, or is under common control with, You, where "control" means (a) the power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or (b) ownership of fifty percent (50%) or more of the outstanding shares or beneficial ownership of such entity. 2.0 Acceptance Of License. You are not required to accept this License since you have not signed it, however nothing else grants you permission to use, copy, distribute, modify, or create derivatives of either the Software or any Extensions created by a Contributor. These actions are prohibited by law if you do not accept this License. Therefore, by performing any of these actions You indicate Your acceptance of this License and Your agreement to be bound by all its terms and conditions. IF YOU DO NOT AGREE WITH ALL THE TERMS AND CONDITIONS OF THIS LICENSE DO NOT USE, MODIFY, CREATE DERIVATIVES, OR DISTRIBUTE THE SOFTWARE. IF IT IS IMPOSSIBLE FOR YOU TO COMPLY WITH ALL THE TERMS AND CONDITIONS OF THIS LICENSE THEN YOU CAN NOT USE, MODIFY, CREATE DERIVATIVES, OR DISTRIBUTE THE SOFTWARE. 3.0 Grant of License From Licensor. Subject to the terms and conditions of this License, Licensor hereby grants You a world-wide, royalty-free, non-exclusive license, subject to Licensor's intellectual property rights, and any third party intellectual property claims derived from the Licensed Software under this License, to do the following: 3.1 Use, reproduce, modify, display, perform, sublicense and distribute Licensed Software and Your Extensions in both Source Code form or as an executable program. 3.2 Create Derivative Works (as that term is defined under U.S. copyright law) of Licensed Software by adding to or deleting from the substance or structure of said Licensed Software. 3.3 Under claims of patents now or hereafter owned or controlled by Licensor, to make, use, have made, and/or otherwise dispose of Licensed Software or portions thereof, but solely to the extent that any such claim is necessary to enable You to make, use, have made, and/or otherwise dispose of Licensed Software or portions thereof. 3.4 Licensor reserves the right to release new versions of the Software with different features, specifications, capabilities, functions, licensing terms, general availability or other characteristics. Title, ownership rights, and intellectual property rights in and to the Licensed Software shall remain in Licensor and/or its Contributors. 4.0 Grant of License From Contributor. By application of the provisions in Section 6 below, each Contributor hereby grants You a world-wide, royalty-free, non-exclusive license, subject to said Contributor's intellectual property rights, and any third party intellectual property claims derived from the Licensed Software under this License, to do the following: 4.1 Use, reproduce, modify, display, perform, sublicense and distribute any Extensions Deployed by such Contributor or portions thereof, in both Source Code form or as an executable program, either on an unmodified basis or as part of Derivative Works. 4.2 Under claims of patents now or hereafter owned or controlled by Contributor, to make, use, have made, and/or otherwise dispose of Extensions or portions thereof, but solely to the extent that any such claim is necessary to enable You to make, use, have made, and/or otherwise dispose of Contributor's Extensions or portions thereof. 5.0 Exclusions From License Grant. Nothing in this License shall be deemed to grant any rights to trademarks, copyrights, patents, trade secrets or any other intellectual property of Licensor or any Contributor except as expressly stated herein. Except as expressly stated in Sections 3 and 4, no other patent rights, express or implied, are granted herein. Your Extensions may require additional patent licenses from Licensor or Contributors which each may grant in its sole discretion. No right is granted to the trademarks of Licensor or any Contributor even if such marks are included in the Licensed Software. Nothing in this License shall be interpreted to prohibit Licensor from licensing under different terms from this License any code that Licensor otherwise would have a right to license. 5.1 You expressly acknowledge and agree that although Licensor and each Contributor grants the licenses to their respective portions of the Licensed Software set forth herein, no assurances are provided by Licensor or any Contributor that the Licensed Software does not infringe the patent or other intellectual property rights of any other entity. Licensor and each Contributor disclaim any liability to You for claims brought by any other entity based on infringement of intellectual property rights or otherwise. As a condition to exercising the rights and licenses granted hereunder, You hereby assume sole responsibility to secure any other intellectual property rights needed, if any. For example, if a third party patent license is required to allow You to distribute the Licensed Software, it is Your responsibility to acquire that license before distributing the Licensed Software. 6.0 Your Obligations And Grants. In consideration of, and as an express condition to, the licenses granted to You under this License You hereby agree that any Modifications, Derivative Works, or Required Components (collectively Extensions) that You create or to which You contribute are governed by the terms of this License including, without limitation, Section 4. Any Extensions that You create or to which You contribute must be Deployed under the terms of this License or a future version of this License released under Section 7. You hereby grant to Licensor and all third parties a world-wide, non-exclusive, royalty-free license under those intellectual property rights You own or control to use, reproduce, display, perform, modify, create derivatives, sublicense, and distribute Your Extensions, in any form. Any Extensions You make and Deploy must have a distinct title so as to readily tell any subsequent user or Contributor that the Extensions are by You. You must include a copy of this License with every copy of the Extensions You distribute. You agree not to offer or impose any terms on any Source Code or executable version of the Licensed Software, or its Extensions that alter or restrict the applicable version of this License or the recipients' rights hereunder. 6.1 Availability of Source Code. You must make available, under the terms of this License, the Source Code of the Licensed Software and any Extensions that You Deploy, either on the same media as You distribute any executable or other form of the Licensed Software, or via an Electronic Distribution Mechanism. The Source Code for any version of Licensed Software, or its Extensions that You Deploy must be made __________________________________________________ Do you Yahoo!? U2 on LAUNCH - Exclusive greatest hits videos http://launch.yahoo.com/u2 -- license-discuss archive is at http://crynwr.com/cgi-bin/ezmlm-cgi?3