discuss: Modified Artistic License (eNetwizard Content Application Server)

Sat Aug 31 16:49:49 UTC 2002

I have updated the license to avoid the misunderstanding of the
condition mentioned by Nathan Kelly.

Before:  "You may not charge any fees for the Package itself."

After:  "You may not charge any fees for the Package itself.  However,
you may distribute this Package in aggregate with other (possibly
commercial) programs as part of a larger (possibly commercial) software
distribution provided that you do not advertise this Package as a
product of your own."

This was borrowed from the Artistic License.  I did not include the
first two sentences from that license, which said:  "You may charge a
reasonable copying fee for any distribution of this Package.  You may
charge any fee you choose for support of this Package."  Why?

Because this could be only two scenarios in which some one might be able
to justify a cost "in relationship to" the Package.  Who am I to say
what other possibilities may exist?  Quoting those two sentences implies
a restriction to only those two scenarios.  Leaving them out leaves all
possibilities open, as long as they do not charge a fee for the Package
"itself."  If you feel the other two sentences are important, please let
me know and I will add them, but personally, I tried to design this
license to be as open as possible without adding wording that might add
unnecessary restriction.  This was, in fact, if you read my original
post, one of the reasons I wanted to write my own license to begin with.

The updated version of the license appears below and at
http://enetwizard.sourceforge.net/license.html.

Have a good weekend every one!!

eNetwizard Content Application Server License

(Modified Artistic License)

Preamble

The intent of this document is to state the conditions under which
eNetwizard Content Application Server ("Package") may be copied, such
that the author, Robert Samuel White ("Copyright Holder"), maintains
some semblance of artistic control over the development of the Package,
while giving the users of the Package the right to use and distribute
the Package in a more-or-less customary fashion, plus the right to make
reasonable modifications.

Definitions

"Package" refers to the collection of files distributed by the Copyright
Holder, and derivatives of that collection of files created through
textual modification. 

"Standard Version" refers to such a Package if it has not been modified,
or has been modified in accordance with the wishes of the Copyright
Holder. 

"Copyright Holder" is whoever is named in the copyright or copyrights
for the Package. 

"You" is you, if you're thinking about copying or distributing this
Package.

Conditions of Redistribution & Use

You may redistribute and use this Package, in source and binary forms,
with or without modification, provided that the following conditions are
met:

Redistributions of source code must retain the original copyright
notices and associated comments that are included at the beginning and
end of each file that is distributed with the Standard Version. 

If the source code was modified in any way, each file that was modified
must include the statement "this file was modified from its original
version" along with appropriate comments indicating how and why the file
was modified; these comments should be placed directly underneath the
first comment section of each file. 

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. 

The name of the Copyright Holder may not be used to endorse or promote
products derived from this Package without specific prior written
permission from the Copyright Holder. 

The names "eNetwizard" and "eNetwizard Content Application Server" must
not be used to endorse or promote products derived from this Package
without specific prior written permission from the Copyright Holder. 

Products derived from this Package may not be called "eNetwizard" -- nor
may "eNetwizard" appear in their name -- without prior written
permission from the Copyright Holder. You may indicate that your
software works in conjunction with eNetwizard by saying "Product for
eNetwizard" instead of calling it "eNetwizard Product." 

You may not charge any fees for the Package itself.  However, you may
distribute this Package in aggregate with other (possibly commercial)
programs as part of a larger (possibly commercial) software distribution
provided that you do not advertise this Package as a product of your
own. 

Use of any form whatsoever must retain the three automatically generated
META tags for all HTML output; these tags indicate that the page was
generated by eNetwizard and directs users to more information about the
product. 

Redistributions of any form whatsoever must retain the following
acknowledgment: 
"This product includes eNetwizard Content Application Server, freely
available from <http://enetwizard.sourceforge.net>"

Disclaimer

THIS SOFTWARE IS PROVIDED BY ROBERT SAMUEL WHITE "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 ROBERT SAMUEL WHITE OR ANY OF
HIS CONTRIBUTORS TO THE STANDARD PACKAGE 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.

--
license-discuss archive is at http://crynwr.com/cgi-bin/ezmlm-cgi?3