Approval of Edustructures Open Source License
Ken Brown
kenbrown at erols.com
Sun Jan 27 21:52:37 UTC 2002
Hello,
I am writing a paper on open source and in the process of collecting various
research. It will be contrasting and comparing various arguments about os
and forecasting the development of the sector. I would be more than
interested in any quotes, comments or facts that you feel should be included
in the study.
Thanks in advance. Very truly yours,
Ken Brown
Alexis de Tocqueville Institution, Washington, D.C.
www.adti.net
-----Original Message-----
From: Karsten M. Self [mailto:kmself at ix.netcom.com]
Sent: Saturday, January 26, 2002 10:19 AM
To: License-Discuss list
Subject: Re: Approval of Edustructures Open Source License
on Fri, Jan 25, 2002 at 12:48 PM -0700, Steve Setzer
(Ssetzer at planetsoftware.com) wrote:
> [ Please review this license. -russ ]
>
> Folks,
>
> Attached please find in HTML form
I strongly prefer text format. This makes annotation of comments easier.
For legal documents, variations in presentation of HTML may result in
different interpretations. This submission reads poorly at my end.
Following is a plain-text rendering. No representation of conformance
with the original license is made, though reasonable attempts have been
made to keep the text intact.
I am requesting that the OSI adopt a "best format" policy of requesting
(and preferably requiring) an ASCII text version of any proposed
licenses, capable of being read in an 80 column display. I'll reference
the IETF's reliance on text as a uniform, open document format.
IANAL, TINLA, YADA.
Peace.
------------------------------------------------------------------------
Edustructures JaZ and J/SAL Licensing Notice
This program is free software; you can redistribute it and/or modify
it under the terms of either:
a. the GNU General Public License as published by the Free Software
Foundation; either version 2, or (at your option) any later
version, or
b. the "Edustructures Open Source License" as published by
Edustructures and included with this software
This program is distributed in the hope that it will be useful, but
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GNU General Public License or the Edustructures Open Source License
for more details.
For your reference, the Edustructures Open Source License and
version 2 of the General Public License are replicated below.
Edustructures Open Source License
Version 1.0
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Acknowledgements
Special thanks to the Edustructures Open Source Contributors for
their suggestions and support of JaZ and J/SAL.
Modifications:
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conditions, and telling the user how to view a copy of this License.
(Exception: if the Program itself is interactive but does not
normally print such an announcement, your work based on the Program
is not required to print an announcement.)
These requirements apply to the modified work as a whole. If
identifiable sections of that work are not derived from the Program,
and can be reasonably considered independent and separate works in
themselves, then this License, and its terms, do not apply to those
sections when you distribute them as separate works. But when you
distribute the same sections as part of a whole which is a work
based on the Program, the distribution of the whole must be on the
terms of this License, whose permissions for other licensees extend
to the entire whole, and thus to each and every part regardless of
who wrote it.
Thus, it is not the intent of this section to claim rights or
contest your rights to work written entirely by you; rather, the
intent is to exercise the right to control the distribution of
derivative or collective works based on the Program.
In addition, mere aggregation of another work not based on the
Program with the Program (or with a work based on the Program) on a
volume of a storage or distribution medium does not bring the other
work under the scope of this License.
3. You may copy and distribute the Program (or a work based on it,
under Section 2) in object code or executable form under the terms
of Sections 1 and 2 above provided that you also do one of the
following:
* a) Accompany it with the complete corresponding machine-readable
source code, which must be distributed under the terms of Sections 1
and 2 above on a medium customarily used for software interchange;
or,
* b) Accompany it with a written offer, valid for at least three
years, to give any third party, for a charge no more than your cost
of physically performing source distribution, a complete
machine-readable copy of the corresponding source code, to be
distributed under the terms of Sections 1 and 2 above on a medium
customarily used for software interchange; or,
* c) Accompany it with the information you received as to the offer
to distribute corresponding source code. (This alternative is
allowed only for noncommercial distribution and only if you received
the program in object code or executable form with such an offer, in
accord with Subsection b above.)
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
operating system on which the executable runs, unless that component
itself accompanies the executable.
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.
4. You may not copy, modify, sublicense, or distribute the Program
except as expressly provided under this License. Any attempt
otherwise to copy, modify, sublicense or distribute the Program is
void, and will automatically terminate your rights under this
License. However, parties who have received copies, or rights, from
you under this License will not have their licenses terminated so
long as such parties remain in full compliance.
5. You are not required to accept this License, since you have not
signed it. However, nothing else grants you permission to modify or
distribute the Program or its derivative works. These actions are
prohibited by law if you do not accept this License. Therefore, by
modifying or distributing the Program (or any work based on the
Program), you indicate your acceptance of this License to do so, and
all its terms and conditions for copying, distributing or modifying
the Program or works based on it.
6. Each time you redistribute the Program (or any work based on the
Program), the recipient automatically receives a license from the
original licensor to copy, distribute or modify the Program subject
to these terms and conditions. You may not impose any further
restrictions on the recipients' exercise of the rights granted
herein. You are not responsible for enforcing compliance by third
parties to this License.
7. If, as a consequence of a court judgment or allegation of patent
infringement or for any other reason (not limited to patent issues),
conditions are imposed on you (whether by court order, agreement or
otherwise) that contradict the conditions of this License, they do
not excuse you from the conditions of this License. If you cannot
distribute so as to satisfy simultaneously your obligations under
this License and any other pertinent obligations, then as a
consequence you may not distribute the Program at all. For example,
if a patent license would not permit royalty-free redistribution of
the Program by all those who receive copies directly or indirectly
through you, then the only way you could satisfy both it and this
License would be to refrain entirely from distribution of the
Program.
If any portion of this section is held invalid or unenforceable
under any particular circumstance, the balance of the section is
intended to apply and the section as a whole is intended to apply in
other circumstances.
It is not the purpose of this section to induce you to infringe any
patents or other property right claims or to contest validity of any
such claims; this section has the sole purpose of protecting the
integrity of the free software distribution system, which is
implemented by public license practices. Many people have made
generous contributions to the wide range of software distributed
through that system in reliance on consistent application of that
system; it is up to the author/donor to decide if he or she is
willing to distribute software through any other system and a
licensee cannot impose that choice.
This section is intended to make thoroughly clear what is believed
to be a consequence of the rest of this License.
8. If the distribution and/or use of the Program is restricted in
certain countries either by patents or by copyrighted interfaces,
the original copyright holder who places the Program under this
License may add an explicit geographical distribution limitation
excluding those countries, so that distribution is permitted only in
or among countries not thus excluded. In such case, this License
incorporates the limitation as if written in the body of this
License.
9. The Free Software Foundation may publish revised and/or new
versions of the General Public License from time to time. Such new
versions will be similar in spirit to the present version, but may
differ in detail to address new problems or concerns.
Each version is given a distinguishing version number. If the
Program specifies a version number of this License which applies to
it and "any later version", you have the option of following the
terms and conditions either of that version or of any later version
published by the Free Software Foundation. If the Program does not
specify a version number of this License, you may choose any version
ever published by the Free Software Foundation.
10. If you wish to incorporate parts of the Program into other free
programs whose distribution conditions are different, write to the
author to ask for permission. For software which is copyrighted by
the Free Software Foundation, write to the Free Software Foundation;
we sometimes make exceptions for this. Our decision will be guided
by the two goals of preserving the free status of all derivatives of
our free software and of promoting the sharing and reuse of software
generally.
NO WARRANTY
11. BECAUSE THE PROGRAM IS LICENSED FREE OF CHARGE, THERE IS NO
WARRANTY FOR THE PROGRAM, TO THE EXTENT PERMITTED BY APPLICABLE LAW.
EXCEPT WHEN OTHERWISE STATED IN WRITING THE COPYRIGHT HOLDERS AND/OR
OTHER PARTIES PROVIDE THE PROGRAM "AS IS" WITHOUT WARRANTY OF ANY
KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND
PERFORMANCE OF THE PROGRAM IS WITH YOU. SHOULD THE PROGRAM PROVE
DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR OR
CORRECTION.
12. IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN
WRITING WILL ANY COPYRIGHT HOLDER, OR ANY OTHER PARTY WHO MAY MODIFY
AND/OR REDISTRIBUTE THE PROGRAM AS PERMITTED ABOVE, BE LIABLE TO YOU
FOR DAMAGES, INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR
CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE
PROGRAM (INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR DATA BEING
RENDERED INACCURATE OR LOSSES SUSTAINED BY YOU OR THIRD PARTIES OR A
FAILURE OF THE PROGRAM TO OPERATE WITH ANY OTHER PROGRAMS), EVEN IF
SUCH HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES.
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 an idea of 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 GNU General Public License as published by
the Free Software Foundation; either version 2 of the License, or
(at your option) any later version.
This program is distributed in the hope that it will be useful, but
WITHOUT ANY WARRANTY; without even the implied warranty of
MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. See the GNU
General Public License for more details.
You should have received a copy of the GNU General Public License
along with this program; if not, write to the Free Software
Foundation, Inc., 59 Temple Place - Suite 330, Boston, MA
02111-1307, USA.
Also add information on how to contact you by electronic and paper
mail.
If the program is interactive, make it output a short notice like
this when it starts in an interactive mode: Gnomovision version 69,
Copyright (C) year name of author Gnomovision comes with ABSOLUTELY
NO WARRANTY; for details type `show w'. This is free software, and
you are welcome to redistribute it under certain conditions; type
`show c' for details.
The hypothetical commands `show w' and `show c' should show the
appropriate parts of the General Public License. Of course, the
commands you use may be called something other than `show w' and
`show c'; they could even be mouse-clicks or menu items--whatever
suits your program.
You should also get your employer (if you work as a programmer) or
your school, if any, to sign a "copyright disclaimer" for the
program, if necessary. Here is a sample; alter the names: Yoyodyne,
Inc., hereby disclaims all copyright interest in the program
`Gnomovision' (which makes passes at compilers) written by James
Hacker.
signature of Ty Coon, 1 April 1989 Ty Coon, President of Vice
This General Public License does not permit incorporating your
program into proprietary programs. If your program is a subroutine
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 GNU Library General Public License instead of this
License.
--
Karsten M. Self <kmself at ix.netcom.com> http://kmself.home.netcom.com/
What part of "Gestalt" don't you understand? Home of the brave
http://gestalt-system.sourceforge.net/ Land of the free
We freed Dmitry! Boycott Adobe! Repeal the DMCA! http://www.freesklyarov.org
Geek for Hire http://kmself.home.netcom.com/resume.html
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