discuss: Lucent Public License 1.0
presotto at closedmind.org
Wed Apr 9 03:48:49 UTC 2003
[ Please discuss this license. -russ ]
We would like to submit the Lucent Public License to OSI
for your approval. In accordance with your approval process:
1) The license is in your format on the web page:
In addition, I have attached an ASCII text version to this
2) This license is the IBM license massaged to make it
non viral. Our contributors preferred a non viral license
like the BSD one, i.e., one that doesn't 'free' code that
it is mixed with but instead lets you use the code in any
way you see fit, i.e., Kirk's copy center idea. However,
the BSD license didn't cover many points that our lawyers
were concerned about; patent rights, termination clause,
indemnification of Contributors by Commercial Distributors,
etc. The IBM license came the closest to what they wanted
in all of these areas. Therefore, we started with the IBM
license and made it non-viral.
To do that, we separated the concepts of a Contributor and
a Distributor. See the license for exact definitions, but
in essence, a Contributor is anyone who explicitly contributes
to the Program. Contributors grant rights to licensees to
pretty much do what they want with the program, i.e., the
copy center idea. The distributor is anyone who redistributes
the program, some derived work, or part thereof. Commercial
Distributors must indemnify the Contributors but can pretty
much to what they want with the code. Of course contributors
can also be distributors.
We've tried to change IBM's license as little as possible to
achieve this since we figured that was our best bet in getting
- Section 1(definitions) changed to separate the definitions of
Contributor and Distributor.
- Section 2b (in grant of rights) changed to make it explicit that
a contributor is granting rights only to his/her own patents.
- Section 3 (requirements) changed to remove the viral clause.
We also removed the distinction between source and binary since
it was only needed because of the viral clause.
- Section 4 (commercial requirements) changed to state
that commercial distributors are indemnifying contributors.
- Sections 5-7 should be the same except for changing IBM's
3) Since our intent is close to the BSD one, I believe this
license could be mixed with all of the others; they
are doing nothing but add restrictions.
4) Go ahead and post the license with my name and email address.
We want this to work. Among other things, we'ld like to release
the Plan 9 code under this much less restrictive license. We're
malleable as long as the hammer isn't too large.
Finally, I'ld like to make sure we can use a modified version of
the IBM license. You have it on your site under your copyright.
Should we also contact the IBM counsel?
presotto at plan9.bell-labs.com
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Lucent Public License Version 1.0
THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS LUCENT
PUBLIC LICENSE ("AGREEMENT"). ANY USE, REPRODUCTION OR DISTRIBUTION
OF THE PROGRAM CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS AGREEMENT.
a. in the case of Lucent Technologies Inc. ("LUCENT"), the Original
b. in the case of each Contributor,
i.changes to the Program, and
ii.additions to the Program; where such changes and/or additions to
the Program originate from and are ?Contributed? by that
A Contribution is ?Contributed? by a
Contributor only (i) if it was added to the Program by such
Contributor itself or anyone acting on such Contributor's behalf, and
(ii) the Contributor explicitly consents, in accordance with Section
3C, to characterization of the changes and/or additions as
Contributions. Contributions do not include additions to the Program
which: (i) are separate modules of software distributed in conjunction
with the Program under their own license agreement, and (ii) are not
derivative works of the Program.
"Contributor" means LUCENT and any other entity that has Contributed a
Contribution to the Program.
?Distributor? means a Recipient that distributes the Program,
modifications to the Program, or any part thereof.
"Licensed Patents" mean patent claims licensable by a Contributor
which are necessarily infringed by the use or sale of its Contribution
alone or when combined with the Program.
"Original Program" means the original version of the software
accompanying this Agreement as released by LUCENT, including source
code, object code and documentation, if any.
"Program" means the Original Program and Contributions or any part
"Recipient" means anyone who receives the Program under this
Agreement, including all Contributors.
2. GRANT OF RIGHTS
a. Subject to the terms of this Agreement, each Contributor hereby
grants Recipient a non-exclusive, worldwide, royalty-free copyright
license to reproduce, prepare derivative works of, publicly display,
publicly perform, distribute and sublicense the Contribution of such
Contributor, if any, and such derivative works, in source code and
object code form.
b. Subject to the terms of this Agreement, each Contributor hereby
grants Recipient a non-exclusive, worldwide, royalty-free patent
license under Licensed Patents to make, use, sell, offer to sell,
import and otherwise transfer the Contribution of such Contributor,
if any, in source code and object code form. The patent license
granted by a Contributor shall also apply to the combination of the
Contribution of that Contributor and the Program if, at the time the
Contribution is added by the Contributor, such addition of the
Contribution causes such combination to be covered by the Licensed
Patents. The patent license granted by a Contributor shall not
apply to (i) any other combinations which include the Contribution,
nor to (ii) Contributions of other Contributors. No hardware per se
is licensed hereunder.
c. Recipient understands that although each Contributor grants the
licenses to its Contributions set forth herein, no assurances are
provided by any Contributor that the Program does not infringe the
patent or other intellectual property rights of any other entity.
Each Contributor disclaims any liability to Recipient for claims
brought by any other entity based on infringement of intellectual
property rights or otherwise. As a condition to exercising the
rights and licenses granted hereunder, each Recipient hereby assumes
sole responsibility to secure any other intellectual property rights
needed, if any. For example, if a third party patent license is
required to allow Recipient to distribute the Program, it is
Recipient's responsibility to acquire that license before
distributing the Program.
d. Each Contributor represents that to its knowledge it has
sufficient copyright rights in its Contribution, if any, to grant
the copyright license set forth in this Agreement.
A. Distributor may choose to distribute the Program in any form under
this Agreement or under its own license agreement, provided that:
a. it complies with the terms and conditions of this Agreement;
b. if the Program is distributed in source code or other tangible
form, a copy of this Agreement or Distributor?s own license
agreement is included with each copy of the Program; and
c. if distributed under Distributor?s own license agreement, such
i.effectively disclaims on behalf of all Contributors all warranties
and conditions, express and implied, including warranties or
conditions of title and non-infringement, and implied warranties or
conditions of merchantability and fitness for a particular purpose;
ii.effectively excludes on behalf of all Contributors all liability
for damages, including direct, indirect, special, incidental and
consequential damages, such as lost profits; and
iii.states that any provisions which differ from this Agreement are
offered by that Contributor alone and not by any other party.
B. Each Distributor must include the following in a conspicuous
location in the Program:
Copyright (C) 2003, Lucent Technologies Inc. and others.
All Rights Reserved.
C. In addition, each Contributor must identify itself as the
originator of its Contribution, if any, and indicate its consent to
characterization of its additions and/or changes as a Contribution, in
a manner that reasonably allows subsequent Recipients to identify the
originator of the Contribution. Once consent is granted, it may not
thereafter be revoked.
4. COMMERCIAL DISTRIBUTION
Commercial distributors of software may accept certain
responsibilities with respect to end users, business partners and the
like. While this license is intended to facilitate the commercial use
of the Program, the Distributor who includes the Program in a
commercial product offering should do so in a manner which does not
create potential liability for Contributors. Therefore, if a
Distributor includes the Program in a commercial product offering,
such Distributor ("Commercial Distributor") hereby agrees to defend
and indemnify every Contributor ("Indemnified Contributor") against
any losses, damages and costs (collectively "Losses") arising from
claims, lawsuits and other legal actions brought by a third party
against the Indemnified Contributor to the extent caused by the acts
or omissions of such Commercial Distributor in connection with its
distribution of the Program in a commercial product offering. The
obligations in this section do not apply to any claims or Losses
relating to any actual or alleged intellectual property infringement.
In order to qualify, an Indemnified Contributor must: a) promptly
notify the Commercial Distributor in writing of such claim, and b)
allow the Commercial Distributor to control, and cooperate with the
Commercial Distributor in, the defense and any related settlement
negotiations. The Indemnified Contributor may participate in any such
claim at its own expense.
For example, a Distributor might include the Program in a commercial
product offering, Product X. That Distributor is then a Commercial
Distributor. If that Commercial Distributor then makes performance
claims, or offers warranties related to Product X, those performance
claims and warranties are such Commercial Distributor?s
responsibility alone. Under this section, the Commercial Distributor
would have to defend claims against the Contributors related to those
performance claims and warranties, and if a court requires any
Contributor to pay any damages as a result, the Commercial Distributor
must pay those damages.
5. NO WARRANTY
EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM 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 determining the appropriateness of using and
distributing the Program 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.
6. DISCLAIMER OF LIABILITY
EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, 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 THE PROGRAM OR THE EXERCISE OF ANY RIGHTS GRANTED
HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
If any provision of this Agreement is invalid or unenforceable under
applicable law, it shall not affect the validity or enforceability of
the remainder of the terms of this Agreement, and without further
action by the parties hereto, such provision shall be reformed to the
minimum extent necessary to make such provision valid and enforceable.
If Recipient institutes patent litigation against a Contributor with
respect to a patent applicable to software (including a cross-claim or
counterclaim in a lawsuit), then any patent licenses granted by that
Contributor to such Recipient under this Agreement shall terminate as
of the date such litigation is filed. In addition, if Recipient
institutes patent litigation against any entity (including a
cross-claim or counterclaim in a lawsuit) alleging that the Program
itself (excluding combinations of the Program with other software or
hardware) infringes such Recipient's patent(s), then such Recipient's
rights granted under Section 2(b) shall terminate as of the date such
litigation is filed.
All Recipient's rights under this Agreement shall terminate if it
fails to comply with any of the material terms or conditions of this
Agreement and does not cure such failure in a reasonable period of
time after becoming aware of such noncompliance. If all Recipient's
rights under this Agreement terminate, Recipient agrees to cease use
and distribution of the Program as soon as reasonably practicable.
However, Recipient's obligations under this Agreement and any licenses
granted by Recipient relating to the Program shall continue and
LUCENT may publish new versions (including revisions) of this
Agreement from time to time. Each new version of the Agreement will
be given a distinguishing version number. The Program (including
Contributions) may always be distributed subject to the version of the
Agreement under which it was received. In addition, after a new
version of the Agreement is published, Contributor may elect to
distribute the Program (including its Contributions) under the new
version. No one other than LUCENT has the right to modify this
Agreement. Except as expressly stated in Sections 2(a) and 2(b)
above, Recipient receives no rights or licenses to the intellectual
property of any Contributor under this Agreement, whether expressly,
by implication, estoppel or otherwise. All rights in the Program not
expressly granted under this Agreement are reserved.
This Agreement is governed by the laws of the State of New York and
the intellectual property laws of the United States of America. No
party to this Agreement will bring a legal action under this Agreement
more than one year after the cause of action arose. Each party waives
its rights to a jury trial in any resulting litigation.
Lucent Public License Version 1.0
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