For Approval: Lucent Public License Version 1.02
David Presotto
presotto at closedmind.org
Thu Sep 25 12:39:17 UTC 2003
Section 1
---------
The Lucent Public License version 1.0 was approved earlier this year.
Since then we've been using it to distribute Plan 9. As a result we've
gotten feedback from our users, IBM's council David Shofi (a CPL person),
and our own lawyers. Their comments have led us to make some changes.
I am submitting the version 1.02 license for approval. Thanks.
I've included the diffs to make it a bit easier to see the changes.
The text version of the whole license is in a mime attachment.
The original 1.0 license is at http://www.opensource.org/licenses/plan9.php
The modified 1.02 version is at http://plan9.bell-labs.com/hidden/lpl102-template.html
We've been distributing with the modified license since July and
all of the requests for modifications died out in the first month
so I doubt if there'll be a version 1.03 any time soon.
Here are the changes:
(1) The number changes every time we change the license.
4c4
old: Lucent Public License Version 1.0 (OSI-approved)</title>
---
new: Lucent Public License Version 1.02 </title>
(2) The biggest change was wording. Too many people were confused by our
lawyerese in defining a contribution. I really wanted to say that its
a contribution if you say it is and isn't if you don't. The lawyers
didn't like that. It still looks too lawyerly to me but at least its
clearer/shorter.
We don't believe this affects anything to do with the OSD, just makes it
clearer what the license says.
First the definition of 'additions':
57,70c55,62
old: additions to the Program; where such changes and/or additions to
old: the Program originate from and are "Contributed" by that
old: particular Contributor.
old: A Contribution is "Contributed" by a
old: Contributor only (i) if it was added to the Program by such
old: Contributor itself or anyone acting on such Contributor's behalf, and
old: (ii) the Contributor explicitly consents, in accordance with Section
old: 3C, to characterization of the changes and/or additions as
old: Contributions. Contributions do not include additions to the Program
old: which: (i) are separate modules of software distributed in conjunction
old: with the Program under their own license agreement, and (ii) are not
old: derivative works of the Program.
old: </ol>
---
new: additions to the Program;
new: </ol>
new: where such changes and/or additions to
new: the Program were added to the Program by such
new: Contributor itself or anyone acting on such Contributor's behalf, and
new: the Contributor explicitly consents, in accordance with Section
new: 3C, to characterization of the changes and/or additions as
new: Contributions.
Then the definition of contributor (clause 3C mentioned above):
174,179c167,174
old: C. In addition, each Contributor must identify itself as the
old: originator of its Contribution, if any, and indicate its consent to
old: characterization of its additions and/or changes as a Contribution, in
old: a manner that reasonably allows subsequent Recipients to identify the
old: originator of the Contribution. Once consent is granted, it may not
old: thereafter be revoked.
---
new: <p>
new: C. In addition, each Contributor must identify itself as the
new: originator of its Contribution in
new: a manner that reasonably allows subsequent Recipients to identify the
new: originator of the Contribution.
new: Also, each Contributor must agree that the additions and/or changes
new: are intended to be a Contribution. Once a Contribution is contributed,
new: it may not thereafter be revoked.
(3) We also changed the templating of the license. We don't believe this affects
anything to do with the OSD.
(a) David Shofi and our lawyers pointed out that the state in which the
license is interpreted should not be templated. Templating it makes
the definition of the license variable since laws, interpretations,
precedents, etc vary from stat to state. All the lawyers said they
liked NY best (don't really know why) so I fixed it as NY just like the
IPL and CPL do.
This was my fault. I templated the state when OSI asked that we template
the license (I'm a hacker, looked like a formal parameter to me) and the
lawyers didn't notice before we submitted our final version.
(b) We also fixed who could change the license. This was done because this license is
based on the IBM Public License (under IBM's copyright) and they want some
control over changes, so they made a condition of our using theirs that we don't
give that right away. Once again, my fault. Noone noticed that I added that
to the template either. This is my attempt to get out of hot water.
19c19
old: change the values of OWNER, ORGANIZATION, YEAR, and STATE from their original
---
new: change the values of OWNER, ORGANIZATION, and YEAR from their original
29a30,31
old: <br>
old: <STATE> = New York
278c276
old: <OWNER> may publish new versions (including revisions) of this
---
new: LUCENT may publish new versions (including revisions) of this
285c283
old: version. No one other than <OWNER> has the right to modify this
---
new: version. No one other than LUCENT has the right to modify this
292c290
old: This Agreement is governed by the laws of the State of <STATE> and
---
new: This Agreement is governed by the laws of the State of New York and
(4) Plan 9 includes encryption which is controlled by US export
regulations. Since the click through in our distribution web page
won't necessarily follow the code/license, we added a clause. I
believe that this is consistent with clause 5 of the OSD which has
in its rationale:
``Some countries, including the United States, have export restrictions
for certain types of software. An OSD-compliant license may warn
licensees of applicable restrictions and remind them that they are
obliged to obey the law; however, it may not incorporate such
restrictions itself.''
245c240
old: 7. GENERAL
---
new: 7. EXPORT CONTROL
247a243,249
new: Recipient agrees that Recipient alone is responsible for compliance with
new: the United States export administration regulations (and the export control
new: laws and regulation of any other countries).
new:
new: 8. GENERAL
========================================
Section 2
---------
This hasn't changed from the approved version.
We explained how it could be combined when we were originally approved.
The intention was to be as liberal as the BSD license but include
`cover your backside' wording to keep our bosses happy.
As long as you keep the copyright notice somewhere, you can combine it
with any license when you redistribute. We require only that the
copyright stays with the code and that any commercial distributor
indemnify the contributors from any of the distributors'
acts or omissions.
========================================
Section 3
---------
see mime attachment
-------------- next part --------------
Lucent Public License Version 1.02
The following is a Lucent license template. To generate your own.
change the values of OWNER, ORGANIZATION, and YEAR from their original
values as given here, and substitute your own.
<ORGANIZATION> = Lucent Technologies Inc.
<OWNER> = LUCENT
<YEAR> = 2003
Here is the license template:
THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS PUBLIC
LICENSE ("AGREEMENT"). ANY USE, REPRODUCTION OR DISTRIBUTION OF THE
PROGRAM CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS AGREEMENT.
1. DEFINITIONS
"Contribution" means:
a. in the case of <ORGANIZATION> ("<OWNER>"), the Original Program,
and
b. in the case of each Contributor,
i. changes to the Program, and
ii. additions to the Program;
where such changes and/or additions to the Program were added to the
Program by such Contributor itself or anyone acting on such
Contributor's behalf, and the Contributor explicitly consents, in
accordance with Section 3C, to characterization of the changes and/or
additions as Contributions.
"Contributor" means <OWNER> and any other entity that has Contributed
a Contribution to the Program.
"Distributor" means a Recipient that distributes the Program,
modifications to the Program, or any part thereof.
"Licensed Patents" mean patent claims licensable by a Contributor
which are necessarily infringed by the use or sale of its Contribution
alone or when combined with the Program.
"Original Program" means the original version of the software
accompanying this Agreement as released by <OWNER>, including source
code, object code and documentation, if any.
"Program" means the Original Program and Contributions or any part
thereof
"Recipient" means anyone who receives the Program under this
Agreement, including all Contributors.
2. GRANT OF RIGHTS
a. Subject to the terms of this Agreement, each Contributor hereby
grants Recipient a non-exclusive, worldwide, royalty-free copyright
license to reproduce, prepare derivative works of, publicly display,
publicly perform, distribute and sublicense the Contribution of such
Contributor, if any, and such derivative works, in source code and
object code form.
b. Subject to the terms of this Agreement, each Contributor hereby
grants Recipient a non-exclusive, worldwide, royalty-free patent
license under Licensed Patents to make, use, sell, offer to sell,
import and otherwise transfer the Contribution of such Contributor, if
any, in source code and object code form. The patent license granted
by a Contributor shall also apply to the combination of the
Contribution of that Contributor and the Program if, at the time the
Contribution is added by the Contributor, such addition of the
Contribution causes such combination to be covered by the Licensed
Patents. The patent license granted by a Contributor shall not apply
to (i) any other combinations which include the Contribution, nor to
(ii) Contributions of other Contributors. No hardware per se is
licensed hereunder.
c. Recipient understands that although each Contributor grants the
licenses to its Contributions set forth herein, no assurances are
provided by any Contributor that the Program does not infringe the
patent or other intellectual property rights of any other entity. Each
Contributor disclaims any liability to Recipient for claims brought by
any other entity based on infringement of intellectual property rights
or otherwise. As a condition to exercising the rights and licenses
granted hereunder, each Recipient hereby assumes sole responsibility
to secure any other intellectual property rights needed, if any. For
example, if a third party patent license is required to allow
Recipient to distribute the Program, it is Recipient's responsibility
to acquire that license before distributing the Program.
d. Each Contributor represents that to its knowledge it has sufficient
copyright rights in its Contribution, if any, to grant the copyright
license set forth in this Agreement.
3. REQUIREMENTS
A. Distributor may choose to distribute the Program in any form under
this Agreement or under its own license agreement, provided that:
a. it complies with the terms and conditions of this Agreement;
b. if the Program is distributed in source code or other tangible
form, a copy of this Agreement or Distributor's own license agreement
is included with each copy of the Program; and
c. if distributed under Distributor's own license agreement, such
license agreement:
i. effectively disclaims on behalf of all Contributors all warranties
and conditions, express and implied, including warranties or
conditions of title and non-infringement, and implied warranties or
conditions of merchantability and fitness for a particular purpose;
ii. effectively excludes on behalf of all Contributors all liability
for damages, including direct, indirect, special, incidental and
consequential damages, such as lost profits; and
iii. states that any provisions which differ from this Agreement are
offered by that Contributor alone and not by any other party.
B. Each Distributor must include the following in a conspicuous
location in the Program:
Copyright (C) <YEAR>, <ORGANIZATION> and others. All Rights Reserved.
C. In addition, each Contributor must identify itself as the
originator of its Contribution in a manner that reasonably allows
subsequent Recipients to identify the originator of the Contribution.
Also, each Contributor must agree that the additions and/or changes
are intended to be a Contribution. Once a Contribution is contributed,
it may not thereafter be revoked.
4. COMMERCIAL DISTRIBUTION
Commercial distributors of software may accept certain
responsibilities with respect to end users, business partners and the
like. While this license is intended to facilitate the commercial use
of the Program, the Distributor who includes the Program in a
commercial product offering should do so in a manner which does not
create potential liability for Contributors. Therefore, if a
Distributor includes the Program in a commercial product offering,
such Distributor ("Commercial Distributor") hereby agrees to defend
and indemnify every Contributor ("Indemnified Contributor") against
any losses, damages and costs (collectively"Losses") arising from
claims, lawsuits and other legal actions brought by a third party
against the Indemnified Contributor to the extent caused by the acts
or omissions of such Commercial Distributor in connection with its
distribution of the Program in a commercial product offering. The
obligations in this section do not apply to any claims or Losses
relating to any actual or alleged intellectual property infringement.
In order to qualify, an Indemnified Contributor must: a) promptly
notify the Commercial Distributor in writing of such claim, and b)
allow the Commercial Distributor to control, and cooperate with the
Commercial Distributor in, the defense and any related settlement
negotiations. The Indemnified Contributor may participate in any such
claim at its own expense.
For example, a Distributor might include the Program in a commercial
product offering, Product X. That Distributor is then a Commercial
Distributor. If that Commercial Distributor then makes performance
claims, or offers warranties related to Product X, those performance
claims and warranties are such Commercial Distributor's responsibility
alone. Under this section, the Commercial Distributor would have to
defend claims against the Contributors related to those performance
claims and warranties, and if a court requires any Contributor to pay
any damages as a result, the Commercial Distributor must pay those
damages.
5. NO WARRANTY
EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS
PROVIDED ON AN"AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY
KIND, EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY
WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE. Each Recipient is solely
responsible for determining the appropriateness of using and
distributing the Program and assumes all risks associated with its
exercise of rights under this Agreement, including but not limited to
the risks and costs of program errors, compliance with applicable
laws, damage to or loss of data, programs or equipment, and
unavailability or interruption of operations.
6. DISCLAIMER OF LIABILITY
EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT NOR
ANY CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING
WITHOUT LIMITATION LOST PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF
LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING
NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OR
DISTRIBUTION OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTS GRANTED
HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
7. EXPORT CONTROL
Recipient agrees that Recipient alone is responsible for compliance
with the United States export administration regulations (and the
export control laws and regulation of any other countries).
8. GENERAL
If any provision of this Agreement is invalid or unenforceable under
applicable law, it shall not affect the validity or enforceability of
the remainder of the terms of this Agreement, and without further
action by the parties hereto, such provision shall be reformed to the
minimum extent necessary to make such provision valid and enforceable.
If Recipient institutes patent litigation against a Contributor with
respect to a patent applicable to software (including a cross-claim or
counterclaim in a lawsuit), then any patent licenses granted by that
Contributor to such Recipient under this Agreement shall terminate as
of the date such litigation is filed. In addition, if Recipient
institutes patent litigation against any entity (including a
cross-claim or counterclaim in a lawsuit) alleging that the Program
itself (excluding combinations of the Program with other software or
hardware) infringes such Recipient's patent(s), then such Recipient's
rights granted under Section 2(b) shall terminate as of the date such
litigation is filed.
All Recipient's rights under this Agreement shall terminate if it
fails to comply with any of the material terms or conditions of this
Agreement and does not cure such failure in a reasonable period of
time after becoming aware of such noncompliance. If all Recipient's
rights under this Agreement terminate, Recipient agrees to cease use
and distribution of the Program as soon as reasonably practicable.
However, Recipient's obligations under this Agreement and any licenses
granted by Recipient relating to the Program shall continue and
survive.
LUCENT may publish new versions (including revisions) of this
Agreement from time to time. Each new version of the Agreement will be
given a distinguishing version number. The Program (including
Contributions) may always be distributed subject to the version of the
Agreement under which it was received. In addition, after a new
version of the Agreement is published, Contributor may elect to
distribute the Program (including its Contributions) under the new
version. No one other than LUCENT has the right to modify this
Agreement. Except as expressly stated in Sections 2(a) and 2(b) above,
Recipient receives no rights or licenses to the intellectual property
of any Contributor under this Agreement, whether expressly, by
implication, estoppel or otherwise. All rights in the Program not
expressly granted under this Agreement are reserved.
This Agreement is governed by the laws of the State of New York and
the intellectual property laws of the United States of America. No
party to this Agreement will bring a legal action under this Agreement
more than one year after the cause of action arose. Each party waives
its rights to a jury trial in any resulting litigation.
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