Formal Request for Approval: Simplified Artistic License

Mon Oct 28 07:25:15 UTC 2002

[My apologies if you receive this twice; I thought I sent it in text
format the first time...]

This is a formal request that the OSI Board approve the license I have
created, the Simplified Artistic License.  I have patiently listened to
all feedback regarding this license and adjusted it accordingly.  I have
also considered using every other license that has been approved by the
OSI; however none of them are appropriate to my needs, as will be
clearly stated below.  I believe this license fully complies with the
requirements of the OSD as well as the spirit of open source itself.  I
offer this license as a template so that it may be freely used by
anyone.  I hereby officially place this license into the public domain.
Please grant this license into the family of approved licenses.  Thank
you.

1.

This license is available at:  http://about.enetwizard.net/license.ehtml
and below as a template.

Information about my project (offered under this license) is available
at:  http://projects.enetwizard.net/cmserver.ehtml.

2. 

The Simplified Artistic License is loosely based upon the Artistic
License.  My license is based upon the Artistic License because I wish
to maintain some semblance of artistic control over my package, while
allowing the users of the package to use and distribute the package in a
more-or-less customary fashion, plus the right to make reasonable
modifications.  The Artistic License does not meet my needs for the
following reasons:

    A.  The license makes many references to Perl and C code; software
artists use many different programming languages.
    B.  The license places too many restrictions on the user which are
unnecessary to my package.
    C.  The license places too many conditions, some of which are
archaic to modern day development of the web environment.
    D.  The language is too complicated; I do not feel such complicated
language is necessary for a license with few restrictions. 

As of yet, the points behind the need for the Simplified Artistic
License have not been answered by anyone citing a similar suitable
license.  Only the AFL has been suggested, and Larry Rosen's post on the
subject shows why it is unsuitable.  An artistic license is appropriate
for those who consider their packages to be artistic works and feel
strongly about "maintaining some semblance of artistic control" over
their packages.  As such, the Simplified Artistic License has its place
among the family of approved licenses, and makes a suitable alternative
to the already-approved Artistic License.

The Simplified Artistic License is considerably different than the
Artistic License and therefore explaining exactly how it has changed
would be difficult.  However, in the interest of fully complying with
the formal instructions placed on the OSI website, I will attempt to do
so now:

    A.  The Simplified Artistic License removes most of the restrictions
and conditions which are a part of the Artistic License.
    B.  The Simplified Artistic License requires that the Attribution
Notice contained within the source files not be modified.
    C.  The Simplified Artistic License requires that changes to the
source files (if planned for distribution) be properly documented in
order to avoid confusion with the original package.

That is pretty much the extent of the conditions I wish to place upon my
package; I consider everything else to be up to the user.  In my
opinion, this is the most appropriate way to prevent confusion with the
original package, and as such, maintaining some semblance of artistic
control.

3.

Derivative works of this package must be offered under this license; it
is the only way to ensure that the artistic control of this package
remain intact.  However, software offered in conjunction with the
package offered under this license is up to the artist of that package,
and I do not see any conflicts.

4.

I will submit this license via email to license-approval and
license-discuss.

5-7.

If you find that my license complies with the OSD and the spirit of open
source, I expect that my license will be approved this time, without any
further attempts at prevention or coercion.

8.

I look forward to reaching #8 as posted on your website.

<<PACKAGE_NAME>> LICENSE

(Simplified Artistic License)

Preamble

The intent of this document is to state the conditions under which
<<PACKAGE_NAME>> ("Package"), and derivatives of that collection of
files created through textual modification, may be copied, such that the
author, <<COPYRIGHT_HOLDER>> ("Copyright Holder"), maintains some
semblance of artistic control over the development of the Package, while
giving the users of the Package the right to use and distribute the
Package in a more-or-less customary fashion, plus the right to make
reasonable modifications.

Conditions of Redistribution and Use

You may redistribute and use this Package, in source and binary forms,
with or without modification, provided that the following conditions are
met:

- All distributions of this Package, and its derivatives, are subject to
this License.  Software offered in conjunction with this Package is not
necessarily subject to this condition. 

- Redistributions of the Package in source form must retain the original
copyright notices and associated comments that are included at the
beginning of each source file, denoted as an attribution notice, as
furnished by the Copyright Holder, both in the Package itself and in any
documentation and/or other materials provided with the distribution of
the Package in source form.

- If the source code was modified in any way, and these changes are
offered as part of a redistribution of the Package, each file that was
modified must include the statement "this file was modified from its
original version" along with appropriate comments indicating how and why
the file was modified; these comments should be placed directly
underneath the first comment section of each file.  If these changes are
being made for a binary distribution only, you must indicate that you
are using a modified version of the Package.  

- The scripts and library files supplied as input to or produced as
output from the programs of this Package do not automatically fall under
the copyright of this Package, but belong to whoever generated them, and
may be sold commercially, and may be aggregated with this Package.

- The name of the Copyright Holder may not be used to endorse or promote
products derived from this software package without specific prior
written permission from the Copyright Holder.

- You may not advertise this Package as a product of your own.

- Redistributions of any form whatsoever must retain the following
acknowledgment:
   "This product includes <<PRODUCT_NAME>>, freely available from
<<PRODUCT_URL>>" 

No Warranty

THIS PRODUCT IS PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OR
CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT
LIMITATION, ANY WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT,
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. EACH RECIPIENT IS
SOLELY RESPONSIBLE FOR READING THE SOURCE CODE FOR THIS PACKAGE AND
DETERMINING WHETHER THIS PACKAGE DOES WHAT (S)HE EXPECTS IT TO DO, AND
FOR DETERMINING THE APPROPRIATENESS OF USING AND DISTRIBUTING THIS
PACKAGE, AND ASSUMES ALL RISKS ASSOCIATED WITH ITS EXERCISE OF RIGHTS
UNDER THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO, THE RISKS AND COSTS
OF PROGRAM ERRORS, COMPLIANCE WITH APPLICABLE LAWS, DAMAGE TO OR LOSS OF
DATA, PROGRAMS OR EQUIPMENT, AND UNAVAILABILITY OR INTERRUPTION OF
OPERATIONS.

Disclaimer of Liability

NEITHER RECIPIENT NOR ANY CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY
DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL
DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS), 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 OR DISTRIBUTION OF THIS PACKAGE OR THE EXERCISE OF ANY RIGHTS
GRANTED HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

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