discuss: EPD CORE OPEN SOURCE LICENSE - Version 0.1

[Bill Moran]

[ Please discuss this license.  -russ ]

I have attached a license that we are proposing to be OSI compliant.
The license is also posted here: http://www.potentialtech.com/epdlicense.php

Upon a review of the existing licenses, we were not able to find any that we
felt covered all the bases we want to cover.  However, I would prefer to use
an existing license, so if anyone can show me an OSI approved license that
covers all the bases our proposed license covers, we'll probably retract
our proposal (no need for that kind of duplication).

The license was modeled off the Motosoto License, as it seemed to be the
closest to what we wanted.  It probably resembles the Motosoto license
very little at this point, for this reason:
We want people without a masters degree in Legalese to be able to read and
understand the license.  I feel it's very important that everyone who use
the software understand the license terms.  I can't expect that if it takes
two weeks of study and research to understand the license.  So the license
language has been made as simple as possible.  We feel this is important.
The Motosoto license was VERY long and contained a lot of legalspeak that
we didn't want to force on our potential users.

The major differences (we feel) between our license and the Motosoto license
are as follows:

1. Clause 1 clearly states our intentions with regard to how this license
    affects other licenses.  It reflects the nature of the software in that
    it is intended to be a framework that doesn't infringe on the rights of
    modules that use the framework.
2. Clause 2 has been expanded somewhat to clarify the conditions under which
    money can be involved.
3. Many clauses emphasize our right to be given credit for the software.
4. Clause 9 gives very specific conditions for modification, this is the
    biggest difference from the Motosoto license that I am aware of, although
    it seems to be in line with other licenses.
5. Clauses 13 & 14 were taken from other OSI approved licenses.

You may distribute the license and the information provided in this email
freely.  I have no desire for myself or my company to remain anonymous.
(in fact, we're trying to generate as much interest in this as possible).

-- 
Bill Moran
Potential Technologies
http://www.potentialtech.com


EPD CORE OPEN SOURCE LICENSE - Version 0.1

This EPD Core Open Source License (the "License") applies to the "EPD
Core" software product (the "software").

This License identifies the terms under which you may use, copy,
distribute or modify Licensed Product and has been submitted to the Open
Software Initiative (OSI) for approval.

Usage of the software indicates acceptance of the terms of this license.
If you do not or can not agree to the terms of this license, you may not
use the software

The overall purpose of this license is to make the EPD Core software as
useful to the user community as possible, while still allowing a viable
business to result from its development and distribution.

The terms of this License are:

1. Nothing in this license shall be interpreted to mean that any module
    designed to work with or distributed with EPD Core must be
    distributed under this license. In no way shall anything in this
    license be interpreted to limit the licenses under which modules
    designed for EPD may be published. In no way shall any module's
    licensing terms or interaction with any other module or EPD Core be
    interpreted to alter or negate the terms of this license or the
    license terms of any other module.

2. You may use or give away unmodified copies of the software, alone or
    as a component of an aggregate software distribution containing
    programs from several different sources. No royalty or other fee is
    required. You may <b>not</b> charge any fee for the software. You may
    charge a reasonable fee for producing and delivering media containing
    the software. You may also charge a fee or license other softwares
    provided on the same media, as long as it is made clear that the EPD
    Core portion of the distribution is provided free of charge.

3. All distributions of the software must reproduce this License and
    disclaimer in its entirety.

4. All distributions of this software must make available the entire
    collection of files as officially distributed by Potential
    Technologies, including all documentation.

5. You may not, in any way, misrepresent this software as being part of
    any aggregate product, or misrepresent the original developer and
    copyright holder of the software.

6. You may use the software for any legal purpose.

7. Output generated by the software and information stored and organized
    by the software is not covered by this License, nor is it the property
    of the Copyright holders.

8. You may charge any fee you find reasonable to support this product.

9. You may modify the software in any manner that you see fit, and you
    may charge a fee to do so with no royalties due to the Copyright
    holder as long as the modifications abide by at least one of the
    following conditions:
    1. The modifications are not distributed and are solely for your use,
       or the use of your direct employer who authorized you to make such
       modifications. In a relationship with an employer, the modification
       can only be made with a single employer and is not covered by this
       condition if multiple employers pay for the same modification.
    2. The modifications are distributed in patch form, are distributed
       under the terms of this License, and are clearly identified as
       such.
    3. The modifications are submitted to the Copyright holder for
       inclusion in the main development tree and all intellectual rights
       are surrendered to the Copyright holder under the condition that
       the Copyright holder will publish the modifications under this
       License.

10. If you contribute your modifications as described above, you warrant
     that you have the authority to transfer ownership of the
     modifications and that they are your work and do not infringe on the
     intellectual property rights of others and are not encumbered in any
     way.

11. You acknowledge that submission of modifications to the Copyright
     holder constitutes transfer of the intellectual property rights of
     the modifications to the Copyright holder. You consent that if you
     wish to maintain intellectual property rights to the modifications
     that you will not distribute the modifications or will distribute
     them in patch form.

12. You accept that the Licensed Product is provided without any
     warranty of any kind, without even the implied warranty of
     merchantability or fitness for a particular purpose. You accept that
     neither the Copyright holder nor any contributors are liable for any
     damages of any kind.

13. Any distribution that contains the software must have the following
     acknowledgment prominently displayed to the user prior to
     installation or use of the software: "This product includes software
     freely available from Potential Technologies
     (http://www.potentialtech.com)"

14. The names "Potential Technologies" and "EPD" may not be use to
     endorse or promote products or distributions without the prior
     written consent of Potential Technologies.

Definitions

MODULE is defined as a collection of computer code designed or claimed
  to interact with the software in such a manner as to extend its
  capabilities without altering the capibilities the software has without
  the module.

DISTRIBUTION is defined as a means of transporting software from one
  individual or organization to another, including but not limited to
  compact disk, downloadable archives, and preinstalled computer systems.

AGREGATE PRODUCT is defined as any collection of softwares related or
  unrelated. This includes, but is not limited to an operating system
  that includes EPD Core, and EPD modules that include EPD Core with the
  module distribution.

SUPPORT is defined as training, troubleshooting, installation,
  configuration or any other activity that facilitates the use of the
  product. Except that it does not include modification of the software.

PATCH is defined as a method of distributing modifications that requires
  that the unmodified software first be present, then some action be
  consciously initiated by a user to apply the modifications, whether
  manually applied or by some automation.

MODIFICATION includes any alteration to the code as provided in an
  official distribution, except those alterations specifically designated
  as configuration in the documentation of the software.

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