For Approval: MN Open Content License 1.0
Michal Nazarewicz
mina86 at tlen.pl
Sat Dec 25 21:45:17 UTC 2004
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So here comes my another license (the previouse one is no longer supported
nor available). It is more general (MN ODL was designed for documentation
MN OCL is designed for anything) however gives user the same basic rights.
The main difference in case of rights is section 5.3 which treats about
patents.
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MN OPEN CONTENT LICENSE
Version #.#, December 2004
Copyright (c) 2004 by Michal Nazarewicz (mina86/at/tlen/dot/pl)
Everyone is permitted to copy and distribute this license document.
PREAMBLE
The purpose of this license is to guarantee a freedom of use, copy,
modify and redistribute the programs, documents, manuals, songs,
images, etc, either commercially or non commercially. We try to
protect your rights by copyrighting the work and providing it with
this license. In exchange, we want you to respect our choice, time and
effort by giving other people the same rights and freedom we gave you.
TERMS AND CONDITIONS
0. DEFINITIONS
0.1. This MN Open Content License (this "License") applies to any piece of
software, document, or other work in any medium (the "Work"), or a
work containing the Work (the "Original Version") or a portion of it,
either copied verbatim, or with modification (the "Modified Version"),
which contains a notice placed by the copyright holder (the
"Licensor") saying it may be distributed under the terms of this
License.
>
> [FDL] Section 1, Paragraph 1 and 2. A bit modified.
0.2. A "Source Code" of the Work means a machine-readable copy, represented
in a format whose specification is available to the general public,
that is suitable for revising straightforwardly with widely available
editors and automatic translation to a variety of formats. A copy
made in a format, otherwise suitable for Source Code, which has been
arranged to thwart or discourage subsequent modification is not Source
Code copy. A copy that is not Source Code is called "Object Code".
>
> [FDL] Section 1, Paragraph 6. Modified because there was
> some issues with the original FDL's definition of
> Transparent copy. See [1] and [2] for more info.
0.3. "You" or "Your" means an individual or a legal entity exercising
rights under this License. For legal entities, You or Your includes
any entity that controls, is controlled by, or is under common control
with You, where "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 or more of the outstanding shares, or
c) beneficial ownership of such entity.
>
> [AFL] Section 14. A bit modified.
1. VERBATIM COPIES
1.1. You may copy or distribute verbatim copies of the Source Code of the
Work as You receive it, in any medium, provided that You:
a) conspicuously and appropriately publish on each copy an appropriate
copyright notice and disclaimer of warranty;
b) keep intact all the notices that refer to this License and to the
absence of any warranty;
c) distribute a copy of this License along with the Work; and
>
> [LGPL] Section 1, Paragraph 1. Only terminology changed.
> It is also similar to [GPL] Section 1, Paragraph 1.
d) add no other conditions whatsoever to those of this License.
>
> [FDL] Section 2, Paragraph 1. Identical.
1.2. You may copy or distribute the Object Code of the Work as You receive
it, in any medium, under the terms of sections 1.1 above provided that
You also accompany it with:
a) the complete corresponding Source Code, which must be distributed
under the terms of sections 1.1 above (In case of distributing
Object Code by offering access to copy it from a designated place,
then offering equivalent access to copy the complete corresponding
Source Code from the same place satisfy this alternative); or
b) a written offer, valid for at least three years, to give any third
party, for a charge no more than Your cost of physically performing
the Object Code distribution, a complete copy of the corresponding
Source Code; or
c) a written information You received as to the offer to distribute
corresponding Source Code (This alternative is allowed only for
noncommercial distribution and only if You received the Object Code
with such an offer, in accord with subsection b above); or
>
> [GPL] Section 3, Paragraph 1. Slightly modified.
> In a) also [GPL] Section 3, Paragraph 3. Slightly modified.
d) full information as to how to obtain the complete corresponding
Source Code from an appropriate archive site. (This alternative is
allowed only if You distribute less then 100 copies of a
machine-unreadable Object Code (eg. printed book) which does not
include any machine-readable data (eg. no attached CD)).
>
> Based on [NGPL] Section 3b. A bit modified
1.3. You may publicly display or perform copies.
>
> [FDL] Section 2, Paragraph 2. Only the 2nd part since
> lending is also a distribution.
1.4. Each time you redistribute the Work, the recipient automatically
receives a license from the Licensor to copy, distribute or modify the
Work subject to these terms and conditions. You are not responsible
for enforcing compliance by third parties to this License.
>
> [GPL] Section 6. Terminology changed.
1.5. It is requested, but not required, that You contact the author(s) of
the Work well before redistributing any large number of copies, to
give him/her/them a chance to provide You with an updated version.
>
> [FDL] Section 3, Paragraph 4. Identical.
2. MODIFICATIONS
2.1. You may modify Your copy of the Work or any portion of it, thus
forming a Modified Version of the Work, provided that You will:
>
> [GPL] Section 2, Paragraph 1. A bit modified.
a) make sure that the Modified Version is easily distinguished from
the Original Version. That includes (but is not limited to) adding:
- prominent notices to the modified files stating that You changed
the files and the date of any change, and
- an entry to a file or, in case of text work, section containing
list of changes if such file or section exists;
>
> Based on [GPL] 2a, [LGPL] 2b, [FDL] 4I and [FDL] 4J
b) keep intact all the notices that refer to this License and to the
absence of any warranty, thus causing the whole of the work to be
licensed at no charge to all third parties under the terms of this
License; and
c) include an unaltered copy of this License.
>
> Don't know where those two come from but they are quite
> clear.
2.2. Translation is considered a kind of modification, so You may create
translations of the Work under the terms of section 2.1. You may
include a translation of this License, and all the license notices in
the Work, provided that You also include the original English version
of this License and the original versions of those notices and
disclaimers. In case of a disagreement between the translation and
the original version of this License or a notice or disclaimer, the
original version will prevail.
>
> [FDL] Section 8, Paragraph 1. A bit modified.
2.3. The author(s) and publisher(s) of the Work do not by this License give
permission to use their names for publicity for or to assert or imply
endorsement of any Modified Version.
>
> [FDL] Section 4, Paragraph 5. Identical.
2.4. It is requested, but not required, that You share the Modified Version
you have created with others including the author(s) of the Work.
>
> My own
3. COMBINING WORKS
3.1. A compilation of the Work with other separate and independent work, in
or on a volume of a storage or distribution medium, is called an
"Aggregate" if the copyright resulting from the compilation is not
used to limit the legal rights of the compilation's users beyond what
the individual works permit. When the Work is included in an
Aggregate, this License does not apply to the other works in the
Aggregate that are not Modified Versions of the Work.
>
> [FDL] Section 7, Paragraph 1. Terminology changed.
4. WARRANTY AND LIMITATION OF LIABILITY
4.1. The Licensor warrants that the copyright in and to the Work and
granted herein by the Licensor is owned by the Licensor or is
sublicensed to You under the terms of this License with the permission
of the contributor(s) of those copyrights, except as expressly stated
in the immediately proceeding section:
>
> [AFL] Section 7. Modified though have the same spirit.
4.2. The Work is provided on an "AS IS" BASIS and WITHOUT WARRANTY, either
express or implied, including, without limitation, the warranties of
NON-INFRINGEMENT, MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE.
THE ENTIRE RISK AS TO THE QUALITY OF THE WORK IS WITH YOU. This
disclaimer of warranty constitutes an essential part of this License.
No license to the Work is granted hereunder except under this
disclaimer.
>
> [AFL] Section 7. Modified though have the same spirit.
4.3. Under no circumstances and under no legal theory, whether in tort
(including negligence), contract, or otherwise, shall the Licensor be
liable to any person for any direct, indirect, special, incidental, or
consequential damages of any character arising as a result of this
License or the use of the Work including, without limitation, damages
for loss of goodwill, work stoppage, damages or malfunction of any
device, or any and all other commercial damages or losses. This
limitation of liability shall not apply to liability for death or
personal injury resulting from Licensor's negligence.
>
> [AFL] Section 8. A bit modified.
4.4. The Licensor guarantees You access to the Source Code by fulfilling
the conditions of the chapter 1. Verbatim Copies.
>
> That's my own. Since the author doesn't have to comply to
> the License (s)he doesn't have to release the Source Code.
> 4.4. forces him/her to do so.
5. ACCEPTANCE AND TERMINATION
5.1. You are not required to accept this License, since You have not signed
it. However, You may not copy, modify or distribute the Work except
as expressly provided for under this License. Therefore, by modifying
or distributing the Work, You indicate Your acceptance of this License
to do so, and all its terms and conditions.
>
> [GPL] Section 5 + [AFL] Section 9 + something else
> probably.
5.2. Any other attempt to copy, modify or distribute the Work is void, and
will automatically terminate Your rights under this License. However,
parties who have received copies, or rights, from You under this
License will not have their licenses terminated so long as such
parties remain in full compliance.
5.3. This License shall terminate automatically and You may no longer
exercise any of the rights granted to You by this License as of the
date You commence an action, including a cross-claim or counterclaim,
against the Licensor or any licensee alleging that the Work infringes
a patent. This termination provision shall not apply for an action
alleging patent infringement by combinations of the Work with other
software or hardware.
>
> [AFL] 10. Terminology changed
5.4. If You do not agree or cannot comply with all the terms and conditions
of this License do not use, modify, or distribute the Work.
>
> I have no idea where I took the above two sections from.
6. THE LICENSE
6.1. If any clause of this Licence is unenforceable under or against
applicable law entire licence is void.
>
> That was taken from the license-discuss AFAIR.
6.2. Michal Nazarewicz may publish revised or new versions of the MN Open
Content License from time to time. Such new versions will be similar
in spirit to the present version, but may differ in detail to address
new problems or concerns.
>
> [GPL] Section 9, Paragraph 1. A bit modified.
6.3. Each version is given a distinguishing version number. If the Work
specifies a version number of this License which applies to it and
"any later version", You have the option of following the terms and
conditions either of that or any later version published by Michal
Nazarewicz. If the Work does not specify a license version, You may
choose any version ever published by Michal Nazarewicz.
>
> [GPL] Section 9, Paragraph 2. A bit modified.
6.4. This License complies with the Open Source Definition and has been
approved by the Open Source Initiative. Works distributed under this
License may be marked as "OSI Certified".
>
> Want to add it after the license is approved
END OF THE LICENSE
How to Apply These Terms to Your New Work
To apply these terms, attach the following notices to the work you
have created or you are copyright holder of. It is safest to attach
them to the start of each file of the source code as well as to the
object code.
<work's name and brief idea what it is about>
Copyright (C) <year> <name of author>
Permission is granted to copy, distribute or modify this work under
the terms of the MN Open Content License, Version #.# or any later
version published by Michal Nazarewicz (mina86/at/tlen.pl).
Also add information on how to contact you by electronic and paper
mail, and provide this license along with both the source code and the
object code.
If your work is not a piece of software then any nontrivial examples
of program code which it contains are recommended to be released in
parallel under your choice of open source license, such as the GNU
General Public license, to permit their use in open software.
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[AFL] Academic Free License v. 2.1
http://opensource.org/licenses/afl-2.1.php
[GPL] GNU General Public License Version 2
http://www.gnu.org/licenses/gpl.html
[LGPL] GNU Lesser General Public License Version 2.1
http://www.gnu.org/licenses/lgpl.html
[FDL] GNU Free Documentation License Version 1.2
http://www.gnu.org/licenses/fdl.html
[NGPL] Nethack General Public License
http://opensource.org/licenses/nethack.php
[1] Draft Debian Position Statement about the GNU FDL
http://people.debian.org/~srivasta/Position_Statement.xhtml
[2] Why You Shouldn't Use the GNU FDL
http://home.twcny.rr.com/nerode/neroden/fdl.html
- --
Best regards, _ _
.o. | Liege of Serenly Enlightened Majesty of o' \,=./ `o
..o | Computer Science, Michal "mina86" Nazarewicz (o o)
ooo +--<mina86*tlen.pl>--<jid:mina86*jabber.org>--ooO--(_)--Ooo--
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