repost for discussion
cityhunter
x-y-z at laposte.net
Mon Sep 15 08:21:00 UTC 2003
is it me or no one taked time to give me some feedback?
cityhunter wrote:
> hello,
> at the beginning of august, I posted a custom liscence for OSI approval.
> since most of the members where on vacation, I repost it now in order
> to discuss it, improve it and make it OSI compliant.
>
> the previous name of this liscence is PAL, which I moved to TESTAMENT,
> since this name suits more.
>
> please can you review it?
> I'm not an organisation, I'm simply a developer that want to share
> it's work but wanting to keep some control on the project.
> as stated in the liscence the main base is the artistic liscence.
>
> thanks a lot for your time used to make this liscence OSI (else I
> can't use sourceforge services anymore)
>
>------------------------------------------------------------------------
>
>
>The TESTAMENT
>
>
>Preamble
>
>this liscence is a mix of artistic liscence, the mozilla public liscence and my
>additions (those can be found on www.opensource.org)
>
>
>The intent of this document is to state the conditions under which a Package may
>be copied, such that the Copyright Holder maintains some semblance of artistic
>control over the development of the package, while giving the users of the
>package the right to use and distribute the Package in a more-or-less
>customary fashion, plus the right to make reasonable modifications.
>This liscence try
> * to prevent the "artists" from too restrictive limitations,
> * fix a maintainer succession mechanism that prevent a maintainer to be
> "ejected"
> * provide a mutual linkage mechanism with "forkers"
>
>
>Definitions:
>
> * "Package" refers to the collection of files distributed by the Copyright
> Holder, and derivatives of that collection of files created through
> textual modification.
> * "Standard Version" refers to such a Package if it has not been modified,
> or has been modified in accordance with the wishes of the Copyright Holder.
> * "Copyright Holder" is whoever is named in the copyright or copyrights for
> the package.
> * "Maintainer" is the means each entity that at a certain point of time in
> in charge of coordination
> * "Contributor" means each entity that creates or contributes to the creation
> of Modifications.
> * "You" means an individual or a legal entity exercising rights under, and
> complying with all of the terms of, this License or a future version of this
> License. For legal entities, "You" includes any entity which controls, is
> controlled by, or is under common control with You. For purposes of this
> definition, "control" means
> (a) the power, direct or indirect, to cause the direction or management of
> such entity, whether by contract or otherwise, or
> (b) ownership of fifty percent (50%) or more of the outstanding shares or
> beneficial ownership of such entity.
> * "Reasonable copying fee" is whatever you can justify on the basis of media
> cost, duplication charges, time of people involved, and so on. (You will not
> be required to justify it to the Copyright Holder, but only to the computing
> community at large as a market that must bear the fee.)
> * "Freely Available" means that no fee is charged for the item itself, though
> there may be fees involved in handling the item. It also means that
> recipients of the item may redistribute it under the same conditions they
> received it.
> * "original author whishes" means a file where the original author has written
> his whishes concerning the evolution of the software.
> * "orignal" means the files that you have obtained
> * "independent CVS" means a system that is able to keep history of
> modifications on which the maintainer don't have all the rigths (such as
> file deletion). a good exemple is the sourceforge CVS.
> * "forkers" means a person/group/legal entity that use 5.c) or 5.a) or 6.a) or
> 6.c) of this liscence
> * "end user" a user that use a package build on this work (larger work, the
> binairies of this package) in short a non developing entity
>
>
>
>---------------------------------------------------------------------
>1. You may make and give away verbatim copies of the source form of the Standard
> Version of this Package without restriction, provided that you duplicate all
> of the original copyright notices and associated disclaimers.
>
>---------------------------------------------------------------------
>2. You must include a copy of the original author whishes in the distribution and
> maintainer may modify it according :
> * the original text must remain intact
> * your addition to the text must be easely identifiable as maintainer modification
> * only the maintainer is allowed to modify this file
> * the whishes must not prevent the use, and not prevent the software to evolve
> and not prevent the software from being pulled out the public domain
> * this file must contain at least the name of the maintainer even if he don't
> want to make addition to whishes (this is for keeping trace of successive
> maintainer for 11. )
>
> this ensure that things forgotten by previous maintainer be fixed, while still
> allowing the maintainers/author to prevent the project of overgrowing. this is
> to encourage people making small, precise but usable applications/libraries
> (for exemple a math librairy should not display text).
>
>
>---------------------------------------------------------------------
>3.* You are strongly encouraged to make additionnal work that complete this package
> and distribute it on the side of this package,
> * these packages have no limitations except the one given by their licenses.
> * these works can be "larger" work, additional functionalities...
> * in case of larger work you must inform the end user of use of this package
>
>---------------------------------------------------------------------
>4. You may apply bug fixes, portability fixes and other modifications derived
> from the Public Domain or from the Copyright Holder.
> * A Package modified in such a way shall still be considered the Standard
> Version _as_long_these_modification_comply_to_original_author_whishes.
> * these modifications should be submitted to the maintainer which MUST accept
> them and include them into the standard version.
> * the maintainer is responsible of keeping tracks of the modifications
> * for patch : the patch file must be copied into a directory (this means that
> the contributor has the work to make it indentifiable has his work if he
> whish so)
> * for members of the team that maintain the work : an independent CVS will
> record the modifications
>
>4.1. The Initial Developer hereby grants You a world-wide, royalty-free,
> non-exclusive license, subject to third party intellectual property claims:
> (a) to use, reproduce, modify, display, perform, sublicense and distribute
> the Original Code (or portions thereof) with or without Modifications,
> or as part of a Larger Work; and
> (b) under patents now or hereafter owned or controlled by Initial Developer,
> to make, have made, use and sell ("Utilize") the Original Code
> (or portions thereof), but solely to the extent that any such patent is
> reasonably necessary to enable You to Utilize the Original Code
> (or portions thereof) and not to any greater extent that may be
> necessary to Utilize further Modifications or combinations.
>4.2. Each Contributor hereby grants You a world-wide, royalty-free, non-exclusive
> license, subject to third party intellectual property claims:
> (a) to use, reproduce, modify, display, perform, sublicense and distribute
> the Modifications created by such Contributor (or portions thereof)
> either on an unmodified basis, with other Modifications, as Covered Code
> or as part of a Larger Work; and
> (b) under patents now or hereafter owned or controlled by Contributor, to
> Utilize the Contributor Version (or portions thereof), but solely to the
> extent that any such patent is reasonably necessary to enable You to
> Utilize the Contributor Version (or portions thereof), and not to any
> greater extent that may be necessary to Utilize further Modifications or
> combinations.
>
>
>---------------------------------------------------------------------
>5. You may otherwise modify your copy of this Package in any way, provided that
> you insert a prominent notice in each changed file stating how and when you
> changed that file, and provided that you do at least ONE of the following:
>
> a)place your modifications in the Public Domain or otherwise make them
> Freely Available, such as by posting said modifications to Usenet or an
> equivalent medium, or placing the modifications on a major archive site
> such as ftp.uu.net, or by allowing the Copyright Holder to include your
> modifications in the Standard Version of the Package.
> you must inform the maintainer of such modifications.
>
> b)use the modified Package only within your corporation or organization.
>
> c)rename any non-standard executables so the names do not conflict with
> standard executables, which must also be provided, and provide a separate
> manual page for each non-standard executable that clearly documents how it
> differs from the Standard Version. the name must use as base name the
> original name
>
> d)make other distribution arrangements with the Copyright Holder.
>
>--------------------------------------------------------------------------
>6. You may distribute the programs of this Package in object code or executable
> form, provided that you do at least ONE of the following:
>
> a)distribute a Standard Version of the executables and library files,
> together with instructions (in the manual page or equivalent) on where to
> get the Standard Version.
>
> b)accompany the distribution with the machine-readable source of the Package
> with your modifications.
>
> c)accompany any non-standard executables with their corresponding Standard
> Version executables, giving the non-standard executables non-standard names,
> and clearly documenting the differences in manual pages (or equivalent),
> together with instructions on where to get the Standard Version.
>
> d) make other distribution arrangements with the Copyright Holder.
>
>--------------------------------------------------------------------------
>7.* You may charge a reasonable copying fee for any distribution of this Package.
> * You may charge any fee you choose for support of this Package.
> * You may not charge a fee for this Package itself. However, you may distribute this Package
> in aggregate with other (possibly commercial) programs as part of a larger
> (possibly commercial) software distribution provided that you do not advertise
> this Package as a product of your own.
>
>-------------------------------------------------------------------------
>8.The scripts and library files supplied as input to or produced as output from
> the programs of this Package do not automatically fall under the copyright of
> this Package, but belong to whomever generated them, and may be sold
> commercially, and may be aggregated with this Package.
>
>-------------------------------------------------------------------------
>9.subroutines supplied by you and linked into this Package shall not
> be considered part of this Package.
>
>-------------------------------------------------------------------------
>10. The name of the Copyright Holder may not be used to endorse or promote products
> derived from this software without specific prior written permission.
>
>-------------------------------------------------------------------------
>11. maintainer succession matter :
> some required definitions :
> * "small projects" means project that contain less than 2000 code lines
> * "code lines" means sources striped of comments/includes/text destined to
> be read by a user, configuration/documentation excluded.
> * "large projects" is the prjects that can't be caracterized as small one
> * "modification" means addition,removal but not move of source, in case
> of move followed by a addition/removal the only changes that are taken into
> account is the addition/removal
>
> you are granted a right to become the maintainer of standard package according :
> a) the old maintainer isn't reachable
> b) the old maintainer can still retake the maintainer title as long as :
> * the source's code lines hasn't been modified more than 30% on large
> projects
> * on small projects there is no limitations
> c) the liscence isn't modified (but still can be completed in a way that the
> previous maintainer rights aren't decreased)
> When you become the maintainer you inherit all the project related material
> (such as websites, forums...)
>
> when maintainer resurection
> You must restitute all the rights to previous maintainer (this include website
> ownership, forums...)
> You become automatically team member with rights to influence the way the
> software will evolve :
> * each request sumbmitted must be done publicly
> * they will receive an answer publicly
> * this answer must contain an explaination why the request as been denied
> * this explaination must be based on technical issue (no "I don't like this"
> allowed)
> In all case the mechanism must be performed in a friendly fashion : you are
> not here to crush each other but to improve the software... remember you
> have a common interest in the project!
> in case of non friendly fashion the "rule breaker" (the maintainer or the
> old maintainer) will lose all the rights related to this paragraph and can
> loose it's status however it's strongly recommended to achieve a compromise
> as it will prevent forks (which are against end-user)
>
>-------------------------------------------------------------------------
>12. forkers related maters
> people using 5.a) 5.c) 6.a) 6.C) are called forkers
> for the end user sake we must warn it of presence of both parties (so he can
> make choices with knowledge) for this, the current maintainer of this package
> and the forkers must provide linkages on their web :
> * both parties MUST have a link to other part
> * the link must be visible easely (1 link max from the top of the site)
> * in case their is no maintainer you should resonably think of taking the
> maintainership
> * both parties must inform other of changes related to web hosting.
>
>
>-------------------------------------------------------------------------
>13. THIS PACKAGE IS PROVIDED "AS IS" AND WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES,
> INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTIBILITY AND
> FITNESS FOR A PARTICULAR PURPOSE.
>
>The End
>
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