discuss: EPD CORE OPEN SOURCE LICENSE - Version 0.1

Rod Dixon, J.D., LL.M. rdixon at cyberspaces.org
Fri Feb 28 00:34:15 UTC 2003


My overall impression of this version of your license is that it contains
unnecessary provisions, which you could delete given your stated purpose for
the license, but before addressing that I think paragraph 3 needs a little
work to fully establish that the license is an open source license. Let's
start with OSD #2. It's not clear that paragraph 3 complies. Did you intend
to say something about source code in the license grant clause?

2. Source Code
The program must include source code, and must allow distribution in source
code as well as compiled form. Where some form of a product is not
distributed with source code, there must be a well-publicized means of
obtaining the source code for no more than a reasonable reproduction
cost-preferably, downloading via the Internet without charge. The source
code must be the preferred form in which a programmer would modify the
program. Deliberately obfuscated source code is not allowed. Intermediate
forms such as the output of a preprocessor or translator are not allowed.


----- Original Message -----
From: "Bill Moran" <wmoran at potentialtech.com>
To: "John Cowan" <jcowan at reutershealth.com>
Cc: "David Johnson" <david at usermode.org>; <license-discuss at opensource.org>;
<pmoran at potentialtech.com>
Sent: Monday, February 24, 2003 11:35 AM
Subject: Re: discuss: EPD CORE OPEN SOURCE LICENSE - Version 0.1

: Thanks to everyone who has contributed suggestions so far.
: After further review, we're still not completely happy with the QPL and
: wish to continue revision and discussion on the EPD Core license.
: I am posting a V.2 of this license, which has incorporated many of the
: changes suggested earlier in this thread.  Thanks to the suggestions from
: the list, we are much happier with this version than the first version
: and would like to continue discussion.
: --
: Bill Moran
: Potential Technologies
: http://www.potentialtech.com
: --
: 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.
: The overall purpose of this license is to make the 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 the software 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 the software may be published. In no way shall any
:     module's licensing terms or interaction with any other module or the
:     software be interpreted to alter or negate the terms of this license
:     or the license terms of any other module.
: 2. You are granted the non-exclusive rights set forth in this license
:     provided you agree to and comply with any and all conditions in this
:     license.  Whole or partial distribution of the software signifies
:     acceptance of this license.
: 3. 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
:     software portion of the distribution covered by this license is
:     provided free of charge.
: 4. All distributions of the software must reproduce this License and
:     disclaimer in its entirety.
: 5. All distributions of this software must make available the entire
:     collection of files as officially distributed by the copyright owner,
:     including all documentation.
: 6. 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.
: 7. You may use the software for any legal purpose.
: 8. 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.
: 9. You may charge any fee you find reasonable to support this product.
: 10. 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
:         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.  When modifications are distributed under this license, a
:         non-exclusive royalty-free right is granted to the initial
:         of the software to distribute your modifications in future
:         of the software provided such versions remain available under
:         terms.
: 11. 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.
: 12. 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)"
: 13. 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 the software, and modules that include the software 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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