License certification request

[mark at hiq.pc-intouch.com]

On Tue, 6 Jul 1999, Kevin Kelm wrote:

> The license we're hoping to use is essentially like the Apache license--
> it's very open-ended and presents very few restrictions other than
> the inclusion of our license itself and such.

It looks almost identical to the BSD license.

> ------------------------------license-------------------------------------------
> 
> /* =======================================================================
>  * Copyright (c) 1998-1999 Boulder Software Foundry.  All rights reserved.
>  * Trademark rights claimed in "Boulder Software Foundry" and "Flashpoint
>  * Application Server".
>  *
>  * Redistribution and use in source and binary forms, with or without
>  * modification, are permitted provided that the following conditions
>  * are met:
>  *
>  * 1. Redistributions of source code must retain the above copyright
>  *    notice, this list of conditions and the following disclaimer.
>  *
>  * 2. Redistributions in binary form must reproduce the above copyright
>  *    notice, this list of conditions and the following disclaimer in
>  *    the documentation and/or other materials provided with the
>  *    distribution.
>  *
>  * 3. All advertising materials mentioning features or use of this
>  *    software must display the following acknowledgment:
>  *    "This product includes software developed by the Boulder Software Foundry
>  *    for the Flashpoint Application Server project
>  *    (http://www.BoulderSoftware.com/)."

If I understand this correctly, it's essentially identical to the BSD
license's advertising clause.  (Actually...browse browse browse...it's 
taken verbatim from the BSD license's advertising clause.)

This is widely considered one of the more annoying features of the BSD
license (see, for example, http://www.gnu.org/philosophy/bsd.html)  
precisely because developers other than UC Berkeley who use the
BSD license typically substitute their own names for "University of
California" in the original. Strictly speaking, this means that any
product that uses software developed under the BSD license must list, in
all its advertising materials, the mandatory acknowledgments for all
BSD-licensed components.  If I'm using BSD-licensed components from ten
different sources, I have to include ten different acknowledgments.

I'd suggest just removing the advertising clause entirely.  Parts 1 and 6
require the acknowledgment to appear on the actual product anyway.

>  * 4. The names "Flashpoint Application Server Technology" and "Boulder
>  *    Software Foundry" must not be used to  endorse or promote products
>  *    derived from this software without prior written permission. For
>  *    written permission, please contact prodmgr at BoulderSoftware.com.

As Mr. Perens said, this should specifically exclude the use required by
the advertising clause, if you insist on including the advertising clause
at all.

>  * 5. Products derived from this software may not be called "Flashpoint"
>  *    nor may "Flashpoint" appear in their names.

A "prior written permission" exception here might also be prudent, though
I don't know if it's necessary.

>  * 6. Redistributions of any form whatsoever must retain the following
>  *    acknowledgment:
>  *    "This product includes software developed by the Boulder Software
>  *    Foundry for the Flashpoint Application Server project
>  *    (http://www.BoulderSoftware.com/)."
>  *
>  * 7. We request (but do not require) that bug fixes, enhancements, and
>  *    new features of interest to the general public made in the Flashpoint
>  *    Application Server code be submitted free of licensing and in source
>  *    form to fpdev at BoulderSoftware.com.
>  *
>  * THIS SOFTWARE IS PROVIDED BY THE BOULDER SOFTWARE FOUNDRY ``AS IS'' AND
>  * ANY EXPRESSED OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE
>  * IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
>  * PURPOSE ARE DISCLAIMED.  IN NO EVENT SHALL THE BOULDER SOFTWARE FOUNDRY
>  * OR ITS CONTRIBUTORS 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.
>  * ====================================================================
>  *
>  * This software consists of voluntary contributions made by many
>  * individuals on behalf of the Boulder Software Foundry and was
>  * originally designed and written by Kevin Kelm and Jonah Safar.
>  * For more information on the Boulder Software Foundry and the
>  * Flashpoint Application Server project, please see
>  * <http://www.BoulderSoftware.com/>.
>  *
>  */
>