OOPS License 0.1

[Gerjon de Vries]

On behalf of Pointbreak, I have drafted an Open Source Software license, and
would like to get some reactions from others before deciding to use and
proceed with approval of the license. Please feel free to comment. The draft
( (c) 2002, Pointbreak, Amsterdam, all rights reserved) can be viewed at:
http://www.euronet.nl/~gerjon/oopsl.html
It is a based on the Mozilla Public License 1.1. A diff with MPL is
available on:
http://www.euronet.nl/~gerjon/oopsl_mpl_diff.html

Rationale for differences: Pointbreak wants to use a single OCI Certified
license for their own, and their clients use. The MPL does not fit because:
(1) Applicable law and jurisdiction are fixed. This can only be solved by
drafting a new license (the MPL does not allow one to change the terms of
the license in an outside document/addendum). Effectively, Pointbreak will
have to draft and certify a license for each distinct client.
(2) New versions of the license may be introduced by Netscape and are
automatically applicable. I.e. licensor does not have any means to approve
changed terms. This is another important reason for many parties to just
create their own MPL derivative license.

Ad (1): Solved by allowing the Initial Developer to include Schedules in
Exhibit A (source code notice) that change applicable law/jurisdiction
terms.
Ad (2): Pointbreak may introduce new version of the license, but:
- should get the new versions OSI approved, and:
- terms of the new version do only apply if the Initial Developer
re-releases the Covered Code under the terms of the new license.

Additionally, I have added terms to allow relicensing under the GPL. Hence,
imho the license is compatible with the GPL. Initial Developer may include a
Schedule in Exhibit A in order to forbid relicensing under the GPL (thus
making the license incompatible with the GPL). I like this more than the
dual licensing scheme choosen by MPL. The license does not allow a dual
licensing scheme like MPL.

Summary of changes:
- Some typo's are corrected.
Section 1:
- Added definitions for GPL, OCI Certified, Pointbreak, Schedule.
- Changed definition for License.
- Renumbered definitions.
Section 3:
- Explicit on compatibility with GPL.
- Initial Developer may add a Schedule to Exhibit A to make the license
incompatible with GPL (only when releasing Original Code).
Section 6:
- New versions of License by Pointbreak.
- New versions must be OCI approved.
- Only Initial Developer has right to re-release under new version.
- The license is derived from the MozPL (such a statement is required by
MozPL).
Section 10:
- Removed
Section 11 (renumbered 10):
- By default laws/jurisdiction of The Netherlands. Can be changed by Initial
Developer
(on release of Original Code) by adding Schedules to Exhibit A.
Section 12 (renumbered 11).
Section 13:
- Removed (dual licensing is not allowed).


Kind regards,

Gerjon de Vries (representing Pointbreak)


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