Open Software License version 1.0

[Lawrence E. Rosen]

Attached for your review is version 1.0 of the Open Software 
License (OSL).  I am submitting the OSL to Open Source 
Initiative for its approval.  

The OSL is intended to serve the same functions as the GPL 
except that it is a contract, and to be interpreted under 
contract law, rather than a copyright license.  

Here are the major highlights of this license and its 
differences from the GPL:

* This license applies to any original work of authorship, 
meaning that it can be applied to software, documentation, 
music, art, or any other copyrightable work.  The GPL applies 
only to software.

* The first sentence describes the mechanism for associating 
this license with an Original Work.  This is more efficient 
than a template license.  No such provision is in the GPL.

* Section 1 is an explicit copyright grant, including all 
rights listed in 17 U.S.C. §106.  The proviso in section 
1(c) is a reciprocity provision equivalent to that in the 
GPL.  This license is not sublicenseable, meaning that the 
licensor retains privity of contract (and hence the right to 
enforce this license) with all who obtain the Original Work.

* Section 2 is an explicit patent grant.  The grant extends 
only to claims that are embodied in the Original Work.  This 
license is also not sublicenseable, meaning that patent 
rights come directly from the licensor and the licensor can 
sue directly to enforce the patent license.

* Section 3 describes clear procedures for publishing, or 
otherwise making available, source code to the software.  

* Section 4 excludes trademarks and other forms of 
intellectual property of the licensor from the license grant. 
 For example, rights are not granted to inventions that are 
merely described in the Original Work (for example, in a book 
*about* an invention) but are not embodied in it.  

* Section 5 contains a warranty that the licensor owns (or 
has the right to license) the Original Work.  This provision 
differs from the GPL and most other open source licenses.  In 
all other respects, the software is licensed AS-IS.

* Section 6 contains an express limitation of liability, 
designed to protect the licensor from damaging lawsuits.  

* Section 7 makes it clear that this license is a contract.  
If the license is not accepted as a contract, however, no 
license is granted under copyright law.  This is the opposite 
of the GPL.  This section also makes clear that the license 
is immediately terminated upon the licensee's failure to 
honor the reciprocity obligations of section 1(c).

* Section 8 provides that any lawsuits relating to this 
license are to be maintained in the licensor's venue and 
under the laws of that jurisdiction.  This is not dealt with 
in the GPL.

* Section 9 provides for attorneys' fees payable to the party 
that prevails in any lawsuit.  This is not dealt with in the 
GPL.  An attorneys' fees provision can help ensure that 
attorneys are available to help enforce the license.

* Section 10 allows for new versions of the license.

* Section 11 contains severability and merger provisions.

* Section 12 defines "You" to handle legal entities who are licensees.

* This license is copyright by me to prevent others from 
modifying it (and thereby confusing the public!).  If you 
want to suggest changes or improvements to this license, 
contact me directly.

/Larry Rosen
lrosen at rosenlaw.com
www.rosenlaw.com
707-485-1242
fax: 707-485-1243
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