Apple Public Source License 2.0 submitted for OSI approval

[Ernest Prabhakar]

Dear License-Discuss:

Apple has revised the Apple Public Source License (OSI-approved APSL 
1.2) to resolve various concerns raised by the community and to provide 
greater clarity and simplicity to our license. In particular, we are 
proud to say that we have received the FSF's certification that the 
APSL 2.0 qualifies as a Free Software License:
	http://www.gnu.org/philosophy/apsl.html

Today we respectfully submit the APSL 2.0 to license-discuss for OSI 
approval.  It is based in large part on our previous OSI-approved APSL 
1.2 but with more liberal terms.  The new APSL 2.0 can be found at:
	http://www.opensource.apple.com/apsl/2.0.txt

A redlined comparision of APSL 2.0 with the previous APSL 1.2 can be 
found at:
	http://www.opensource.apple.com/apsl/2.0-redline.pdf

The major changes are:

1.	Licensees will only be required to release source code of 
Modifications they "Externally Deploy" (new Section 1.4, and Sections 
2.1, 2.2).  "External Deployment" is defined to cover the external 
distribution of APSL'ed code or use of APSL'ed code to provide a 
service (including content delivery) to a third party through 
electronic communication with that party.

What this means is that internal modifications can now be kept private 
by both individuals and corporations.  Previously all internally 
deployed modifications, except those of an individual for his/her own 
private use or those for internal R&D, had to be disclosed.  
Consequently, the old definitions of "Deploy" and "Personal Use" 
(Sections (old) 1.4 and 1.8) have been deleted.

2.	Language has been added to Sections 2.1 and 2.2 to clarify that 
licensees may use and distribute Covered Code internally and 
externally, and for commercial or non-commercial purposes.  This is not 
a substantive change, but the fact that commercial use is permitted 
(and always has been) was apparently not clear to some licensees in the 
past.

3.	Licensees will now have the choice of providing source code to 
either just the users of the code or (as before) to the general public 
(Section 2.2(c)).

4.	The Licensee's grant of rights clause (Section 3) has been 
simplified and made more symmetric.

5.	The Termination clause relating to patent suits (Section 12.1(c)) 
has been narrowed such that the license will terminate only if a 
licensee _initiates_ an action for patent infringement against Apple.  
It will not terminate in cases where Apple first sues the licensee and 
they file a countersuit.

We are hopeful that the APSL 2.0 will receive OSI approval as it 
contains more liberal terms than the APSL 1.2.  Thank you in advance 
for your time and consideration.

Sincerely,
Ernie Prabhakar
on behalf of the Darwin Team at Apple

P.S.  You can also view our public announcement at:
	http://www.opensource.apple.com/apsl/2.0-announce.html

--
license-discuss archive is at http://crynwr.com/cgi-bin/ezmlm-cgi?3