Request for Open Source License Approval

[Brice, Richard]

I would like to request that the attached licenses be reviewed and approved
for use with the OSI Certification Mark.  These licenses,  the Alternate
Route Open Source License (AROSL) and the Alternate Route Library Open
Source License (ARLOSL), are very similar to the GNU GPL and the GNU LGPL,
respectively.  The primary difference between these licenses is a broader
disclaimer of warranties and licensees indemnify the author from third party
tort claims.  We feel these license conform to the open source definition
and retain the spirit of the GPL and LGPL.

These licenses are to be posted to the license-discuss list.  
Just so my identity is up front where everyone can find it easily, I am:

Richard Brice, PE
Software Applications Engineer
Washington State Department of Transportation, Bridge and Structures Office
4500 3rd Ave SE - P.O. Box 47340
Olympia, WA 98503
Phone : 360-705-7174
Fax : 360-705-6814
E-mail : BriceR at wsdot.wa.gov
Internet : http://www.wsdot.wa.gov/eesc/bridge  (the web site for the
Alternate Route project has not been created yet)

BACKGROUND
===========
The Washington State Department of Transportation, Bridge and Structures
Office (WSDOT) is beginning an open source development effort to create
bridge engineering software tools. Mimicking the successful project oriented
model of the GNU Project, we are commissioning the "Alternate Route"
project.  The Alternate Route will serve as a focal point for the bridge
engineering community.  The software that is to be created in the Alternate
Route Project will be used to assist qualified structural engineers design
transportation structures that the traveling public will utilize.

As part of my efforts to convince the WSDOT management to license our
software as open source, I had a lawyer at the Washington State Attorney
General's Office review our current license and the GNU GPL/LGPL.  The AG's
Office is of the opinion that the GNU GPL/LGPL do not offer sufficient
protection against third party claims arising out of the use of the
software,  especially since the output from software will be used in the
design of transportation structures and issues of public safety come to
mind.  As such, GNU GPL-like and GNU LGPL-like license have been drafted.

Full text of the license follow.

AROSL
============================================================================
=========
ALTERNATE ROUTE OPEN SOURCE LICENSE 
Copyright (c) 1999, Washington State Department of Transportation, Bridge
and Structures Office
Everyone is permitted to copy and distribute verbatim copies of this license
document, but changing it is not allowed.

This License is based upon the GNU General Public License. With this
License, the Bridge and Structures Office of the Washington State Department
of Transportation (WSDOT) is supporting   open source software concepts,
while including appropriate  warranty and liability provisions designed to
protect itself from any claims relating to  software program output.  The
following excerpt from the GNU General Public License affirms WSDOT's
commitment to open source software. 

The licenses for most software are designed to take away your freedom to
share and change it. By contrast, the GNU General Public License is intended
to guarantee your freedom to share and change free software--to make sure
the software is free for all its users.  This General Public License applies
to most of the Free Software Foundation's software and to any other program
whose authors commit to using it. (Some other Free Software Foundation
software is covered by the GNU Library General Public License instead.) You
can apply it to your programs, too. 

When we speak of free software, we are referring to freedom, not price. Our
General Public Licenses are designed to make sure that you have the freedom
to distribute copies of free software (and charge for this service if you
wish), that you receive source code or can get it if you want it, that you
can change the software or use pieces of it in new free programs; and that
you know you can do these things. 
To protect your rights, we need to make restrictions that forbid anyone to
deny you these rights or to ask you to surrender the rights. These
restrictions translate to certain responsibilities for you if you distribute
copies of the software, or if you modify it. 

For example, if you distribute copies of such a program, whether gratis or
for a fee, you must give the recipients all the rights that you have. You
must make sure that they, too, receive or can get the source code. And you
must show them these terms so they know their rights. 
We protect your rights with two steps: (1) copyright the software, and (2)
offer you this license which gives you legal permission to copy, distribute
and/or modify the software. 

Also, for each author's protection and ours, we want to make certain that
everyone understands that there is no warranty for this free software. If
the software is modified by someone else and passed on, we want its
recipients to know that what they have is not the original, so that any
problems introduced by others will not reflect on the original authors'
reputations. 

Finally, any free program is threatened constantly by software patents. We
wish to avoid the danger that redistributors of a free program will
individually obtain patent licenses, in effect making the program
proprietary. To prevent this, we have made it clear that any patent must be
licensed for everyone's free use or not licensed at all. 

GNU GENERAL PUBLIC LICENSE
Preamble, Version 2, June 1991 
Copyright (C) 1989, 1991 Free Software Foundation, Inc.  
Temple Place - Suite 330, Boston, MA  02111-1307, USA

TERMS AND CONDITIONS OF THE ALTERNATE ROUTE OPEN SOURCE LICENSE

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The source code for a work means the preferred form of the work for making
modifications to it. For an executable work, complete source code means all
the source code for all modules it contains, plus any associated interface
definition files, plus the scripts used to control compilation and
installation of the executable. 

However, as a special exception, the source code distributed need not
include anything that is normally distributed (in either source or binary
form) with the major components (compiler, kernel, and so on) of the
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If distribution of executable or object code is made by offering access to
copy from a designated place, then offering equivalent access to copy the
source code from the same place counts as distribution of the source code,
even though third parties are not compelled to copy the source along with
the object code. 

6. You may not copy, modify, sublicense, or distribute the Program except as
expressly provided under this License.  Any attempt otherwise to copy,
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terminate your rights under this License, while leaving the rights of the
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7.  For software which is copyrighted by WSDOT, WSDOT retains all rights not
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TO THE EXTENT PERMITTED BY APPLICABLE LAW.  UNLESS AGREED TO IN WRITING,
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RELY ON THE PROGRAM AND RESULTS SOLELY AT YOUR OWN RISK.   SHOULD THE
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HARMLESS WSDOT, ITS OFFICIALS AND EMPLOYEES OR ANY OTHER PARTY WHO MAY
MODIFY AND/OR REDISTRIBUTE THE PROGRAM AS PERMITTED ABOVE FOR ANY INJURY TO
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END OF TERMS AND CONDITIONS

How to Apply These Terms to Your New Programs

If you develop a new program,  and you want it to be of the greatest
possible use to the public,  the best way to achieve this is to make it free
software which everyone can redistribute and change under these terms.

To do so, attach the following notices to the program.  It is safest to
attach them to the start of each source file to most effectively convey the
exclusion of warranty; and each file should have at least the "copyright"
line and a pointer to where the full notice is found.

<one line to give the program's name and a brief idea to what it does.>
Copyright (c) yyyy <name of author>

This program is free software; you can redistribute it and/or modify it
under the terms of the Alternate Route Open Source License as published by
the Washington State Department of Transportation, Bridge and Structures
Office.

This program is distributed in the hope that it will be useful, but
distribution is AS IS, WITHOUT ANY WARRANTY; without even the implied
warranty of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. See the
Alternate Route Open Source License for more details.

You should have received a copy of the Alternate Route Open Source License
along with this program; if not, write to the Washington State Department of
Transportation, Bridge and Structures Office, 4500 3rd AVE SE - P.O. Box
47340, Olympia, WA 98503, USA or e-mail Bridge_Support at wsdot.wa.gov

If the program is interactive, and it uses a splash screen, make it display
notice like this on the splash screen:

Copyright (c) yyyy, <name of author>, This software is licensed under the
terms and conditions of the Alternate Route Open Source License.

This Open Source License does not permit incorporating your program into
proprietary programs.  If your program is a subroutine or class library, you
may consider it more useful to permit linking proprietary applications with
the library.  If this is what you want to do, use the Alternate Route
Library Open Source License instead of this License.



ARLOSL
============================================================================
=========
ALTERNATE ROUTE LIBRARY OPEN SOURCE LICENSE 
Copyright (c) 1999, Washington State Department of Transportation, Bridge
and Structures Office
Everyone is permitted to copy and distribute verbatim copies of this license
document, but changing it is not allowed.

This License is based upon the GNU Library General Public License (LESSER).
With this  License, the Bridge and Structures Office of the Washington State
Department of Transportation (WSDOT) is supporting open source software
concepts, while including appropriate  warranty and liability provisions
designed to protect itself from any claims relating to software program
output.  The following excerpt from the GNU Library General Public License
(LESSER) affirms WSDOT's commitment to open source software. 

The licenses for most software are designed to take away your freedom to
share and change it. By contrast, the GNU General Public Licenses are
intended to guarantee your freedom to share and change free software--to
make sure the software is free for all its users. 

This license, the Library General Public License, applies to some specially
designated Free Software Foundation software, and to any other libraries
whose authors decide to use it. You can use it for your libraries, too. 
When we speak of free software, we are referring to freedom, not price. Our
General Public Licenses are designed to make sure that you have the freedom
to distribute copies of free software (and charge for this service if you
wish), that you receive source code or can get it if you want it, that you
can change the software or use pieces of it in new free programs; and that
you know you can do these things. 
To protect your rights, we need to make restrictions that forbid anyone to
deny you these rights or to ask you to surrender the rights. These
restrictions translate to certain responsibilities for you if you distribute
copies of the library, or if you modify it. 

For example, if you distribute copies of the library, whether gratis or for
a fee, you must give the recipients all the rights that we gave you. You
must make sure that they, too, receive or can get the source code. If you
link a program with the library, you must provide complete object files to
the recipients so that they can relink them with the library, after making
changes to the library and recompiling it. And you must show them these
terms so they know their rights. 

Our method of protecting your rights has two steps: (1) copyright the
library, and (2) offer you this license which gives you legal permission to
copy, distribute and/or modify the library. 
Also, for each distributor's protection, we want to make certain that
everyone understands that there is no warranty for this free library. If the
library is modified by someone else and passed on, we want its recipients to
know that what they have is not the original version, so that any problems
introduced by others will not reflect on the original authors' reputations. 

Finally, any free program is threatened constantly by software patents. We
wish to avoid the danger that companies distributing free software will
individually obtain patent licenses, thus in effect transforming the program
into proprietary software. To prevent this, we have made it clear that any
patent must be licensed for everyone's free use or not licensed at all. 

Most GNU software, including some libraries, is covered by the ordinary GNU
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However, unrestricted linking of non-free programs would deprive the users
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The precise terms and conditions for copying, distribution and modification
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GNU Library General Public License (LESSER) 
Preamble, Version 2, June 1991 
Copyright (C) 1991 Free Software Foundation, Inc.
59 Temple Place - Suite 330, Boston, MA  02111-1307, USA


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It may happen that this requirement contradicts the license restrictions of
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together in an executable that you distribute. 

7. You may place library facilities that are a work based on the Library
side-by-side in a single library together with other library facilities not
covered by this License, and distribute such a combined library, provided
that the separate distribution of the work based on the Library and of the
other library facilities is otherwise permitted, and provided that you do
these two things: 
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8. You may not copy, modify, sublicense, link with, or distribute the
Library except as expressly provided under this License. Any attempt
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is void, and will automatically terminate your rights under this License.
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9. For software which is copyrighted by WSDOT, WSDOT retains all rights not
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10. If you wish to incorporate parts of the Program into other free programs
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Open Source License instead of this License to a given copy of the Library.
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option is useful when you wish to copy part of the code of the Library into
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This section is intended to make thoroughly clear what is believed to be a
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14. If the distribution and/or use of the Library is restricted in certain
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copyright holder who places the Library under this License may add an
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WARRANTY, DISCLAIMER, ASSUMPTION OF RISK, AND INDEMNIFICATION

NO WARRANTY:  THERE IS NO WARRANTY FOR THE LIBRARY OR ITS OUTPUT OR RESULTS
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END OF TERMS AND CONDITIONS

How to Apply These Terms to Your New Libraries

If you develop a new library, and you want it to be of the greatest possible
use to the public,  the best way to achieve this is to make it free software
which everyone can redistribute and change under these terms (or,
alternatively, under the terms of the Alternate Route Open Source License).

To do so,  attach the following notices to the program.  It is safest to
attach them to the start of each source file to most effectively convey the
disclaimers and other provisions limiting liability; and each file should
have at least the "copyright" line and a pointer to where the full notice is
found.

<one line to give the library's name and a brief idea to what it does.>
Copyright (c) <year> <name of author>

This library is free software; you can redistribute it and/or modify it
under the terms of the Alternate Route Library Open Source License as
published by the Washington State Department of Transportation, Bridge and
Structures Office.

This program is distributed in the hope that it will be useful, but is
distributed AS IS, WITHOUT ANY WARRANTY; without even the implied warranty
of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. See the Alternate
Route Library Open Source License for more details.

You should have received a copy of the Alternate Route Library Open Source
License along with this program; if not, write to the Washington State
Department of Transportation, Bridge and Structures Office, 4500 3rd Ave SE
- P.O. Box  47340, Olympia, WA 98503, USA or e-mail
Bridge_Support at wsdot.wa.gov


Richard Brice, PE
WSDOT, Bridge and Structures
360-705-7174