discuss: SHPTRANS License Template

[Russell Nelson]

[ Please discuss this license.  This version is different from earlier
versions seen here.  I have appended the license text to Bruce's
email.  Please note that the license must stand on its own, since GPL
compatibility is an option, not a requirement.  -russ ]

Bruce Dodson writes:
 > I've been meaning to make an open source release of a utility called
 > SHPTRANS that I once published as closed-source freeware.  After looking
 > over the existing approved licenses, I set out to make a copyleft license
 > that strikes a balance between simplicity and strength.  I don't know of any
 > copyleft that has simplicity as a goal - they are usually more concerned
 > with corporate protection or, in the case of the GPL, <grin> saving the
 > world.
 > 
 > http://gisdeveloper.tripod.com/shptrans_license_template.html
 > 
 > COMPARISON TO EXISTING LICENSES:
 > This license is intended to provide a strong copyleft.  In that sense, it is
 > most like the GPL.  However, in its wording and general style, it has more
 > in common with simpler non-copyleft licenses like W3C and the Python
 > licenses.  One of FSF's goals with the GPL is to use it as a vehicle to
 > propagate their message.  There's nothing wrong with that, but my license
 > template does not share that goal; its purpose is to communicate the license
 > terms clearly and simply.
 > 
 > Another distinction from the GPL and the corporately sponsored copyleft
 > licenses is that this is a template, not a general-purpose license.  That
 > means if you create a license based on this template, I don't have any
 > special right to modify your license terms.
 > 
 > COMPATIBILITY WITH EXISTING LICENSES:
 > I believe this license template is compatible with all of the free software
 > licenses except those which have a copyleft.  There is an optional provision
 > enabling the recipient to use the software under the terms of the GPL.  If
 > that provision is included, the license is GPL-compatible; otherwise it is
 > not.  There is no special provision to accomodate MPL and CPL, so the
 > license template is probably not compatible with those.
 > 
 > OTHER NOTES:
 > Although I would be using this license with the GPL provision, I am seeking
 > your seal of approval on the template even without the GPL provision, since
 > that might make it more useful to others.

Proposed License Template for SHPTRANS

The following is a template for a license agreement which is intended
to be almost as easy to read and understand as many many non-copyleft 
license agreements, but to have a copyleft almost as strong as the GNU
GPL. To use this license template for your software, replace the 
following values in a copy of the template:

  <software descriptive name>
  One line to give the program's name and a sense of what its purpose.

  <software short name>
  A short name that can be used to refer to the software. This name 
  should be part of the descriptive name, but should be short enough
  that it can be used in the middle of a sentence.

  <year(s)>
  The year(s) when the work was published, or at least the year when
  the work was initially published. If you publish often, a range of
  years might make the most sense.

  <copyright holder(s)>
  The name of the principal person(s) or organisation(s) holding 
  the copyright on this work. The list of copy copyright holders need
  not be exhaustive; in most jurisdictions copyright exists even if it
  is not expressed at all.  Optionally, you can add "and others" after 
  the principal copyright holder(s).

Since the license would otherwise be incompatible with the GPL, this 
template includes a provision to allow the recipient to distribute the 
licensed materials under the GPL. If you do not want this provision in 
your license, you should omit the last section of the license template 
(SPECIAL PROVISION FOR GNU COPYLEFT...) and the last sentence of the 
notice cited in condition "a" (this work may also be redistributed...) 
from your license.

Licenses created from this template, with or without the provision for 
GPL compatibility, are intended to be compliant with the Open Source 
Definition (OSD).

-----------------------------------------------------------------------

<software descriptive 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. The copyright notice must
      be followed immediately by the complete text of this license
      agreement, or by the following brief notice:

        "This work is distributed on an "as is" basis without warranty
        of any kind. For more information, and to understand your 
        rights and obligations, please refer to the complete license 
        agreement for <software short name>, which should have
        accompanied this work. The same license agreement applies to 
        derivative works.

        This work may also be redistributed and/or modified under the
        terms of the GNU General Public License, version 2 or any later
        version, as published by the Free Software Foundation."

   b. A verbatim copy of this license agreement (including the above 
      copyright notice, this permission notice, and the following
      disclaimers and provisions) 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 by copyright law, and is subject
      to these license terms. Thus, in order to exercise any rights in
      a combined work or any other 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.

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

   f. When you make changes to the source code, you must cause the
      modified source files to carry prominent notices stating that 
      you changed the files and the date of any change.

  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.  Nonetheless, a work that 
  includes translated portions of this software is a derivative work 
  within the scope of this license.

  Your rights under this license will terminate automatically if you
  attempt to copy, modify, or distribute the software in a manner 
  that does not comply with these license terms and conditions.

  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 IMPLIED 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.


SPECIAL PROVISION FOR GNU COPYLEFT:
  This software may also be used, copied, modified, sublicensed,
  and/or distributed under the terms of the GNU General Public 
  License (GPL) version 2 or any later version, as published by the
  Free Software Foundation, in which case the provisions of the GPL
  are applicable instead of those above.


  
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