Simple Public License, draft

[Justin Wells]

I have a new license, and I'd like people here to comment on it. 

I intend to put the next release of my software under it, and set
up an archive to encourage other people to submit software related
to it, or based on it, under the same license. 

The current version of my software is out under the GPL, but since
there are now some competing products under less restrictive
licenses, I feel pressured to loosen up my licensing as well.

Here are the things I wanted to accomplish by writing a new license,
as opposed to using LGPL or MPL:

  -- easy for average humans to read, unlike MPL (which is a fairly 
     tough read) and LGPL (which is less tough, but fairly long).
     This is why I call it the "Simple" public license. I hope 
     it actually is :-)

  -- compatible with the GPL but allow building non-free, 
     non-open applications with it (like LGPL and unlike MPL)

  -- address some of RMS's concerns about NPL/MPL allowing covered
     code to become dependent on non-free software

  -- allow people to share modifications to the software with others, 
     but discourage outright code forking. This is accomplished by 
     requiring the forked version either not compete with my software, 
     or else be under the GPL--since the GPL is a more restrictive 
     license, that puts the fork at a disadvantage (unlike LGPL/MPL).

  -- not have to worry about getting releases from contributors 
     to the software in the event that I want to allow someone 
     to use it for a purpose that would otherwise be forbidden
     (note that the restrictions are separate from the basic 
     rights, and thus the "not less free" is one-sided). 

It's not hard to see that this license is open-source (assuming I've
accomplished what I think I have), since it allows releasing software
under the GPL. However, I am also interested in knowing whether it
can be considered open-source even if it didn't have this allowance,
and whether there are any general, legal, or philosophical problems
with it.

The one-sided-ness of the "not less free" is a bit troubling, but 
it is also troubling to be unable to permit someone to use my 
software even though my existing license says no. In order to do 
this under the GPL I've been asking everyone for an appropriate 
copyright release on submissions--which is a big hassle.

I also should point out that the competing restriction depends on
the definition of "purpose" which you state at the top of the
license (just to draw your attention to that, since it might
otherwise be missed).  I thought this might be the most generic
way to deal with proprietary competing products, but I am open to
other suggestions.  This requires people who use the license to
think carefully about what they claim the purpose of their software
is, which might be bad, since they might carelessly include too
little or too much.

PLEASE NOTE: While the text below specifically refers to WebMacro 
and Semiotek, the idea is that other people would replace those 
definitions (which appear only in the first section) with their own. 
So this is not like the NPL which gives all the rights to Netscape, 
since you would be expected to substitute your own name there, if
you release under this license.

At any rate, I'd like to hear comments of all forms. The attached
license is a draft, and I would like it to be a good, fair, and 
sound license, in every sense of those words.

Justin

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                        Simple Public License 

                        (c) 1999 Justin Wells
                         All Rights Reserved 

                  *** DRAFT: NOT A LEGAL DOCUMENT ***

This license permits you to use our software for free, to create
proprietary applications based on it, and to share modifications with
other users. It discourages code forking and requires you to credit
us, but you can opt out of those restrictions by releasing under the
GNU GPL. Since it's free, there is no warranty and we accept no
liability. This paragraph is not legally binding, the actual terms
follow.


WHAT AND WHO:

  "Our software" refers to the software covered by this license:
  WebMacro (www.webmacro.org), a software package consisting of a
  template language, servlet development library, example code, an
  API, design, documentation, and other materials. Its purpose is to
  provide a development framework and script language to assist with
  the development of servlets and web software.

  "We", "us", and "our" refer to the owners of our software: Semiotek
  Inc., and it's agents.

  "You" and "your" refer to prospective users and licensees who want
  to acquire a right to use our software under this agreement.


OWNERSHIP, TERMINATION, AND APPLICABILITY:

  You agree with us as follows:

  Our software is our property, and it is copyrighted and licensed,
  not sold. You have no rights to our software, except for those
  provided by this license. If you breach the terms of this license,
  and fail to cure the breach within thirty (30) days of becoming
  aware of it, then you must cease all use of our software, as your
  rights to use it are then terminated.

  You are not required to accept this license, since you have not
  signed it. However, nothing else permits you to use our software.


DEFINITION OF BASIC RIGHTS:

  The "basic rights" to software are as follows:

    The right to use, copy, reproduce, distribute, display, perform,
    and sublicense the software.

    The right to create a "binary application" based on the software,
    by compiling and/or linking the software with your own separate
    source material to produce a binary executable or library; and
    to have these "basic rights" to that binary application.

    The right to create a "modified version" of the software, by
    adding, deleting, editing, changing, fixing, or otherwise altering
    the source files, APIs, documentation, and other materials that
    constitute the software; and to have these "basic rights" to that
    modified version.

  These basic rights are world-wide, non-exclusive, and irrevocable.
  They include a limited grant under any patent right, trademark, or
  copyright that may apply to the software, minimally sufficient to
  allow full enjoyment of the other basic rights.
  

YOUR RIGHTS:

  We grant you the above "basic rights" to our software, conditional
  upon your fulfilling your obligations under this license.


YOUR OBLIGATIONS:

  Your obligations under this license are as follows:

  If you distribute a "binary application" based on our software you
  agree to credit our software in your documentation, and to mention
  where it can be obtained for free (such as a URL).

  If you distribute a "modified version" of our software you agree
  that:

    a) Your modified version of our software will not be less free,
       meaning that it, and any software it depends on for normal
       functioning, will be available to the public under a license
       which grants everyone the above basic rights, without imposing
       any additional restrictions.

    b) You will first send a source-code copy of your modifications
       to us, in a convenient electronic form.

    c) Anyone who receives the modified version will also be bound
       by these terms, and you will cause them to know it.

  Finally, you agree not to use our software to create a competing
  product, meaning one which includes some part of our software, and
  which has, at least in part, a similar purpose.

  These obligations do not apply to copies of software that you place
  under the GNU General Public License, version 2, as published by
  the Free Software Foundation ("GNU GPL"). Thus you can use our
  software to create software that is covered by the GNU GPL.


NO WARRANTY AND NO LIABILITY:

  Use our software at your own risk: it may contain bugs, may fail
  to function correctly, and has been provided without support or
  maintenance of any kind.

  There is NO WARRANTY for our software: it is licensed to you on an
  "AS IS" basis, without even the implied warranties of fitness to
  purpose or merchantability. You are solely responsible for determining
  the appropriateness of its use.

  Under no circumstance will we be liable for damages arising from
  the use, misuse, or inability to use our software, no matter
  whether they are direct, indirect, special, incidental, or economic
  consequential damages, or for damages resulting from a third
  party claim, even if we have been advised of the possibility of
  such damages.

                  *** DRAFT: NOT A LEGAL DOCUMENT ***