Wondering if my license already exists
Steve D. Perkins
steve at steveperkins.net
Wed Aug 3 19:11:40 UTC 2005
Hello all -
I am wanting to apply what I believe to be a "BSD" or "BSD-style"
license to a project I am developing. I have been asking around on
several newsgroups and forums in an attempt to clarify some confusion I
have regarding the BSD license, and to ensure that by using it my wishes
would be properly expressed. The responses I've been getting are so
mind-bending, I am at a point now where you could tell me the BSD and
GPL were the exact same thing and I would believe you! I should have
just come to this mailing list first.
Here is the hypothetical license I would like to apply to my project:
/**************************************************
<SOFTWARE>
Copyright <YEAR>, <OWNER>
Permission is hereby granted to use this software in any manner, in
whole or in part, in original or modified form, subject to the following
conditions:.
* Users of this software must not misrepresent themselves as being
the original
author of this software. Any modification to this software will
result in a new
and separate work that must not be misrepresented as equivalent
to this software.
* The name of <SOFTWARE> or <OWNER> must not be used to imply
endorsement of any usage or modification of this software.
* This software is provided by the copyright holders and
contributors "as is" and
any express or implied warranties, including, but not limited
to, the implied
warranties of merchantability and fitness for a particular
purpose are disclaimed.
In no event shall the copyright owner or contributors be liable
for any direct,
indirect, incidental, special, exemplary, or consequential
damages (including, but
not limited to, procurement of substitute goods or services;
loss of use, data,
or profits; or business interruption) 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 of this software, even if advised of
the possibility of such
damage.
**************************************************/
Can anyone tell me with reasonable assurance whether or not this
license is functionally equivalent to any existing OSI-approved
licenses? It seems to be extremely close to the current BSD license
(the "disclaimer" in the third clause is directly cut-n-pasted from that
license). However, I have some concerns about the BSD's requirements
regarding copyright notice. As I have heard it interpreted, the BSD
license requires the authors of derived works to include the original
author's copyright notice and terms in the source and docs. Under this
interpretation, the spirit of the old "advertising clause" essentially
persists, just in a less prominent way.
Under the terms I wish to apply, including my copyright notice and
licensing terms in derived works is not necessary. As I view it, ANY
modification to my software (including the simple act of stripping out
my copyright notice) results in the creation of a new and separate
work. This is completely fine with me, so long as that new work is not
misrepresented as equivalent to my original work. I have no interest in
"protecting my credit" in derived works... quite the contrary, I wish to
distance myself from derived works while protecting my credit for my
original work.
Is this in fact a new license, or is it equivalent to the BSD and my
interpretation is simply flawed? Thanks in advance!
Steve Perkins
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