New license - please comment
Chuck Swiger
chuck at codefab.com
Tue Jun 10 05:31:35 UTC 2003
Mark Rafn wrote:
[ ... ]
> I understand the motivation for 2d, but I do not believe it is compatible
> with an open-source license. I should not have to give you the right to
> sell my work as a condition of modifying the software.
Authors have a range of expectations, some of which conflict with the interests
and freedoms that some users might want. The RPI SCOREC wants people making
changes to cede ownership of those changes back to RPI.
The intent of my proposed license (ENRL) is based on an expectation that other
people should ask the author before reselling the software (for a fixed period
of time, which expires). I think that specific, targetted prohibitions are less
onerous than proactive expectations-- "don't do this" versus "I expect you to do
that".
Also, the proposed license does not have a copyright statement or date, although
it seems that most licenses follow the block format of:
1 Copyright
- title of license
- date
- author/owner name
- specify jurisdiction
2 License
- introduction of parties
- identification of materials under the scope of the license
- set of fairly common clauses
= terms from BSD license, MIT, GPL, others
- [optional] philosophical meta-rambling about why the license exists
3 Disclaimer
- no warranty, we aren't obligated to fix it or recompense you for lost
resources, "If this code breaks, you get to keep both pieces", etc
- don't sue us if the code doesn't work, even if you really want to
- no really, we're not liable no matter what term you apply before "damages"
4 Miscellanea
- termination clauses, "even if one part gets struck down, the rest of
the license should still apply", trademark listings, etc
- regional clauses like the following from the APSL:
"Where You are located in the province of Quebec, Canada, the following clause
applies: The parties hereby confirm that they have requested that this License
and all related documents be drafted in English. Les parties ont exigé que le
présent contrat et tous les documents connexes soient rédigés en anglais."
...and everything else that seems to extend the length of these documents. Is
there a good taxonomy of commonly duplicated license terms-- the section marked
"=" above...?
--
-Chuck
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