Simple Public License, v0.20

Justin Wells jread at semiotek.com
Wed Apr 26 20:32:15 UTC 2000


Hi Rod, 

On Tue, Apr 25, 2000 at 09:10:08PM -0400, Rod Dixon, J.D., LL.M. wrote:

> I would also re-think using "free of charge." "Use Freely" is
> the FSF concept you might mean; recall, the cost of the software
> is not directly pertinent to the open source mission.

I dropped one use of "free of charge" in my license, but a few remain. I 
think in those cases I really mean "free of charge"--for example, where 
the license insists that modifications be made available to the public 
under an open source license "free of charge", that is there to prevent
someone from saying that the open source version is available for 
$100,000 to anyone who wants it. 

However, I dropped it from my grant of rights, and now simply say
you may use(...) our software, rather than "use(...) our software
free of charge". It didn't seem to add anything there.

> As for section 3, you use "combined work" when I think you mean "collective
> work."

> The term "bona fide application" has no  meaning or copyright significance.
> You need to define this term or abandone it since it could cause substantial
> confusion.

OK, these are related and I've tried to define them now. I now use the term 
"collective work" as part of the definition of "combined work".

Here are my definitions from section 5: 

> A "combined work" is a collective work where the parts are linked, used, 
> and distributed together as an application, but remain distinct and are
> separately licensed. A "bona fide application" has substantial functionality
> beyond that of other works it is combined with.
>

And here is the revised section 3, where these definitions are used:

> (3) "COMBINE OUR SOFTWARE WITH YOUR WORK"
>
> You may combine an unmodified copy of our software as a whole, or a compiled
> version of it, with your own separate source materials to create a combined
> work which you may use, display, and perform. You may distribute your
> combined work to anyone provided your separate source materials form a bona
> fide application which you distribute to the public, free of charge, and
> including all source code, under any open source license approved by the
> Open Source Initiative (opensource.org) or under this agreement.
>
> You may permit third party recipients to use, display, perform, copy, and
> distribute your combined work as a whole, without modification, in any
> manner also permitted for your separate source materials.
>
> You may permit third party recipients to modify your separate source material
> under your license (possibly without disclosing source code) and modify our
> software under section (2). The modified parts may then be recombined to form
> a new version of the combined work which may be used under the same terms as
> the original. Thus your combined work may be treated as if it were covered by
> your license, except that modifications to our software itself must occur
> under section (2) of this agreement.

The full text of the license can be found here, for reference:

   http://shimari.com/SPL/

Hopefully it is getting clearer now, and thanks yet again for your help! 

Justin




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