repost for discussion

cityhunter x-y-z at
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)
>this liscence is a mix of artistic liscence, the mozilla public liscence and my
>additions (those can be found on
>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"
>	* "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, 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.
>The End

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