RESUBMISSION FOR APPROVAL: OZPLB Licence

[ian.oi at bdw.com]

BLAKE DAWSON WALDRON
Lawyers

This is a resubmission of the amended OZPLB licence for OSI approval. 

The amended text is set out at the end of this email. The main changes
address comments on the list, with some flow-on changes also being made.

Below is a summary of the changes, together with explanations of each
change. 

1.	Insertion of new field for "Country of Institution" and a new
paragraph commencing "If the country of <Name of Institution> (as indicated
above) is not Australia,". 

This enables dual licensing based on whether the identified country is
Australia. This dual licensing wording is based on the "multiple-licensed
code" wording in paragraph 13 and Exhibit A of MPL Version 1.1.

The amended OZPLB applies the Australianised terms to the licensed software
if Australia is the identified country. If the identified country is not
Australia, OZPLB applies the University of Illinois/NCSA Open Source License
to the licensed software.

The reasons for using this method of dual licensing are as follows:

*	If the licensor is in Australia, the Australian Trade Practices Act
applies (under Australian law) to goods and services supplied by the
licensor, whether the licensee is within or outside Australia. This means
that if NICTA (as an Australian licensor) licenses Software to an American
licensee, the American licensee can potentially sue NICTA in Australia for
breaching the Australian Trade Practices Act. There may be practical reasons
for an American licensee to do so, the most important being that NICTA's
assets and management are located in Australia. In other words, OZPLB
expects American licensees of Australian licensors under it to comply with
the Trade Practices Act-compliant wording because those American licensees
are able (and may be willing) to take advantage of remedies against under
the Australian licensor under the Australian Trade Practices Act. 

*	If the licensor is outside Australia, then the Australian Trade
Practices Act will not be relevant unless the licensee is in Australia. Even
in the case of an Australian licensee, it is highly unlikely that the
Australian licensee would bother suing the foreign licensor in Australia,
since it is likely to be of little practical use for it to obtain judgment
in Australia against the foreign licensor. And, if the Australian licensee
sued in the foreign licensor's jurisdiction, it would be highly unlikely
that the foreign court would apply the Australian Trade Practices Act.
Rather, foreign laws would probably be applied by the foreign courts.

In summary, the only situations in which the Australian Trade Practices Act
seems practically relevant are those where the licensor is in Australia. As
redrafted, it is only in those situations that the Australianised terms of
OZPLB will apply. In all other cases, the University of Illinois/NCSA Open
Source License will apply.

2.	In the conditions, we have also added references to "the above
permissions ... and limitations ". This is to ensure that all necessary
parts of OZPLB are transmitted when redistribution occurs.

3.	The "governing jurisdiction" paragraph (formerly the final paragraph
of OZPLB) has been moved into the list of conditions. This ensures that it
is transmitted as a condition when redistribution occurs. 

Ian Oi
Special Counsel
Blake Dawson Waldron

Tel: + 61 2 6234 4061
Fax: + 61 2 6234 4111
ian.oi at bdw.com
www.bdw.com

12 Moore Street Canberra ACT 2601 Australia
DX 5680 Canberra

PS If there is a confidentiality notice at the bottom of this email from me,
please ignore it - our firm's email system automatically adds a email footer
that might contain such wording. Unfortunately, I can't turn it off.


***********************

[START OF OZPLB TEXT]

Australian Public Licence B (OZPLB)

Version 1-1

Copyright (c) <Year> <Owner Organization Name>

All rights reserved.

Developed by:	<Name of Development Group>

<Name of Institution>, <Country of Institution>

<URL for Development Group/Institution>

Where the country of <Name of Institution> (as indicated above) is not
Australia, permission is granted by <Name of Institution>, free of charge,
to any person obtaining a copy of this software and any associated
documentation files (the "Software") to deal with the Software, without
restriction, under the terms of the University of Illinois/NCSA Open Source
License (available at http://www.opensource.org/licenses/UoI-NCSA.php), in
which case the provisions of the University of Illinois/NCSA Open Source
License are applicable instead of those of this licence.

Permission is otherwise granted by <Name of Institution>, free of charge, to
any person obtaining a copy of the Software to deal with the Software
without restriction, including (without limitation) the rights to use, copy,
modify, adapt, merge, publish, distribute, communicate to the public,
sublicense, and/or sell, lend or rent out copies of the Software, and to
permit persons to whom the Software is furnished to do so, subject to the
following conditions:

*	Redistributions of source code must retain the above copyright
notice, the above permissions, this list of conditions and the following
disclaimers and limitations. 

*	Redistributions in binary form must reproduce the above copyright
notice, the above permissions, this list of conditions and the following
disclaimers in the documentation and/or other materials provided with the
distribution and limitations. 

*	Neither the name of <Name of Institution>, nor the names of its
contributors, may be used to endorse or promote products derived from this
Software without specific prior written permission. 

*	The construction, validity and performance of this licence is
governed by the laws in force in <Insert applicable jurisdiction, eg: New
South Wales, Australia>.

EXCEPT AS EXPRESSLY STATED IN THIS LICENCE AND TO THE FULL EXTENT PERMITTED
BY APPLICABLE LAW, THE SOFTWARE IS PROVIDED "AS-IS", AND <Name of
Institution> AND ITS CONTRIBUTORS MAKE NO REPRESENTATIONS, WARRANTIES OR
CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY
REPRESENTATIONS, WARRANTIES OR CONDITIONS REGARDING THE CONTENTS OR ACCURACY
OF THE SOFTWARE, OR OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE,  NONINFRINGEMENT, THE ABSENCE OF LATENT OR OTHER DEFECTS, OR THE
PRESENCE OR ABSENCE OF ERRORS, WHETHER OR NOT DISCOVERABLE.

TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL <Name of
Institution> OR ITS CONTRIBUTORS BE LIABLE ON ANY LEGAL THEORY (INCLUDING,
WITHOUT LIMITATION, IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHERWISE) FOR
ANY CLAIM, LOSS, DAMAGES OR OTHER LIABILITY, INCLUDING (WITHOUT LIMITATION)
LOSS OF PRODUCTION OR OPERATION TIME, LOSS, DAMAGE OR CORRUPTION OF DATA OR
RECORDS; OR LOSS OF ANTICIPATED SAVINGS, OPPORTUNITY, REVENUE, PROFIT OR
GOODWILL, OR OTHER ECONOMIC LOSS; OR ANY SPECIAL, INCIDENTAL, INDIRECT,
CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, ARISING OUT OF OR IN
CONNECTION WITH THIS LICENCE, THE SOFTWARE OR THE USE OF OR OTHER DEALINGS
WITH THE SOFTWARE, EVEN IF <Name of Institution> OR ITS CONTRIBUTORS HAVE
BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM, LOSS, DAMAGES OR OTHER
LIABILITY. 

If applicable legislation implies representations, warranties, or
conditions, or imposes obligations or liability on <Name of Institution> or
one of its contributors in respect of the Software that cannot be wholly or
partly excluded, restricted or modified, the liability of <Name of
Institution> or the contributor is limited, to the full extent permitted by
the applicable legislation, at its option, to:

a.  in the case of goods, any one or more of the following:

i.  the replacement of the goods or the supply of equivalent goods;

ii.  the repair of the goods;

iii. the payment of the cost of replacing the goods or of acquiring
equivalent goods;

iv.  the payment of the cost of having the goods repaired; or

b.  in the case of services:

i.  the supplying of the services again; or 

ii.  the payment of the cost of having the services supplied again.

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