simple copyleft with attempt at GPL-compatible provisions

Bruce Dodson bruce_dodson at hotmail.com
Sat Jul 20 01:01:56 UTC 2002


I've been looking at my license agreement some more.  I've reformatted it
and clarified some things at the expense of some brevity, and am now looking
at a slightly different approach to GPL-compatibility, which I have not seen
before:  Instead of making a disjunctive license like Mozilla.org and others
have done, I'm looking at whether I can waive the "requirement" for source
distribution under my license terms in the case of a combined work where the
GPL applies.  That way, I'm hoping my software will be GPL-compatible in the
same sense that many non-copyleft licenses are GPL-compatible.

Please take a look and see whether this makes sense.  Please note that
although GPL compatibility is important, my most important concerns with
this license are that it be clear concise, easy to read, have a fairly
strong copyleft; and of course be OSD compliant.  I welcome constructive
criticism on any of these factors as well.

Thanks in advance,
Bruce


----

<software program name>.
Copyright (c) <year(s)> <copyright holder(s)>.  All rights reserved.


LICENSE AGREEMENT:
  Permission to use, copy, modify, and distribute the accompanying
  software, documentation, and related materials (the "software")
  is hereby granted, subject to the following conditions:

   a. The above copyright notice must appear in all copies or
      substantial portions of the software.

   b. A verbatim copy of this license agreement (including the above
      copyright notice, this permission notice, and the following
      disclaimers) must appear in the documentation and/or in other
      materials accompanying the software.

   c. When the software is modified, translated to another language,
      or combined with other materials, the resulting work as a whole
      is a derivative work as defined under copyright law; and as a
      result, in order to exercise any rights in the derivative work,
      you must do so in a manner that simultaneously satisfies your
      obligations under this license agreement and your obligations
      under any other agreements that pertain to the derivative work.

   d. When you distribute this software or a derivative work, you must
      make the entire work available to all recipients in source code
      form (that is, in the preferred form for making modifications to
      the work) under these license terms, in a reasonable manner on or
      through a medium customarily used for software exchange.  You may
      not charge any fee for the source code, other than to cover the
      expenses that you incur in making the source code available.

      As a special exception, if under any particular circumstance the
      terms of the GNU General Public License (GPL) as published by
      the Free Software Foundation are caused to apply to a given copy
      of the software or to a derivative work, and you copy and/or
      distribute that work in accordance with the terms of the GPL,
      you are not required to also make the work available in source
      code form under these license terms in that circumstance.

   e. Derivative works must be plainly marked as such, and must not
      be misrepresented as the original software.

  A separate work that does not itself contain any portion of this
  software is outside the scope of this license agreement, even if
  it accesses services exposed by this software or by a derivative
  work; even when it is stored or distributed on the same medium
  with software licensed under this agreement.

  Your rights under this license will terminate automatically if
  you fail to comply with the terms and conditions set forth herein.

  If any provision of this license agreement is held to be
  unenforceable, that provision shall be reformed only to the extent
  necessary to make it enforceable; and the balance of this license
  agreement shall remain in full force and effect.


DISCLAIMER OF WARRANTY AND LIABILITY:
  THIS SOFTWARE AND THE ACCOMPANYING MATERIALS ARE PROVIDED
  "AS IS," WITHOUT WARRANTY OF ANY KIND.  THE COPYRIGHT
  HOLDER(S) AND CONTRIBUTING AUTHORS DISCLAIM ANY AND ALL
  WARRANTIES, WHETHER EXPRESSED OR IMPLIED, INCLUDING BUT
  NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS
  FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.

  IN NO EVENT SHALL THE COPYRIGHT HOLDERS OR CONTRIBUTING
  AUTHORS 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.

  The recipient must assume the entire risk of using this software.


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