New Open Source License for your consideration

John Cowan jcowan at
Fri Sep 24 03:14:16 UTC 2004

Daniel Hornal scripsit:
> To whom it may concern,
> Our company is promoting a previously abandoned "open source" project named
> "db.*" ( It has a license based on
> the Mozilla license, called the Centura Public License.
> To save everyone's bandwidth and disk space, I shall just publish a link: It
> is available at

Here are the Amendments:


     The Centura Open Source Public License Version 1.0 ("COSPL") consists 
     of the includes the following Amendments.

     Additional Terms applicable to the COSPL.
          I. Effect.
          These additional terms described in these Amendments shall apply 
          to the db.linux code and to all Covered Code under this License.

          II. "Centura's Branded Code" means Covered Code that Centura
          distributes and/or permits others to distribute under one or more
          trademark(s) which are controlled by Centura but which are not
          licensed for use under this License.

          III. Trademarks and logo.
          This License does not grant any rights to use the trademarks
          "Centura", "Gupta", "Raima", the Centura logo, the Gupta logo, or 
          the Raima logo, even if such marks are included in the Original Code
          or Modifications.

          IV. Use of Modifications and Covered Code by Initial Developer.
               IV.1. In General.
               The obligations of Section 3 apply to Centura, except to
               the extent specified in this Amendment, Section IV.2 and IV.3.

               IV.2. Other Products.
               Centura may include Covered Code in products other than the
               Centura's Branded Code which are released by Centura
               during the two (2) years following the release date of the
               Original Code, without such additional products becoming
               subject to the terms of this License, and may license such
               additional products on different terms from those contained
               in this License.

               IV.3. Alternative Licensing.
               Centura may license the Source Code of Centura's Branded
               Code, including Modifications incorporated therein, without
               such Centura Branded Code becoming subject to the terms of
               this License, and may license such Centura Branded Code on
               different terms from those contained in this License.

          V. Litigation.
          Notwithstanding the limitations of Section 11 above, the
          provisions regarding litigation in Section 11(a), (b) and (c) of
          the License shall apply to all disputes relating to this License.

So it's analogous to the Netscape Public License.  The criteria plainly
don't infringe the OSD, so this license is Open Source (and should be
fast-tracked by OSI).

The license is not Fair, because it gives Centura special privileges,
but Fairness is not an OSD requirement, and in any event, Centura's
ditched the product.

John Cowan  jcowan at
"The exception proves the rule."  Dimbulbs think: "Your counterexample proves
my theory."  Latin students think "'Probat' means 'tests': the exception puts
the rule to the proof."  But legal historians know it means "Evidence for an
exception is evidence of the existence of a rule in cases not excepted from."

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