For Approval: Generic Attribution Provision

[Ross Mayfield]

Socialtext which wishes to find a resolution for the attribution issue
through the proposal of a Generic Attribution Provision.  A copy of
the following message is available in HTML format here:
https://www.socialtext.net/stoss/index.cgi?attribution_memo

I look forward to the conversation,

Ross Mayfield
CEO, Socialtext

Socialtext has adopted the attribution provision for its own license
(as has SugarCRM, Zimbra, Alfresco, Qlusters and Jitterbit).
Socialtext believes that the attribution provision is consistent with
the Open Source Definition and serves an important business need. Many
open source licenses were developed for infrastructure products such
as Linux, but the new open source application products, particularly
given the increase of large company "distributions", have different
needs than Linux. These application products could be "lost" in the
larger distributions. The obligations imposed by the attribution
provision are very similar to the reproduction of legal notices which
are found in virtually all open source licenses.

However, we understand that attribution may cause problems for OSI,
particularly since different companies may have different attribution
notices and may use different "base" licenses (all recent attribution
agreements are based on the MPL).. Socialtext would like to suggest
that OSI consider an "attribution" provision which can be used for any
"modifiable" license.

Generic Attribution Provision

Redistributions of the [original code] in binary form or source code
form, must ensure that each time the resulting executable program, a
display of the same size as found in the [original code] released by
the original licensor (e.g., splash screen or banner text) of the
original licensor's attribution information, which includes:

(a) Company Name
(b) Logo (if any) and
(c) URL

					POSITION STATEMENT

	1.	Consistent with OSD.  Attribution is merely a form of notice which
is consistent with Section 4, the Integrity of the Author's Source
Code, of the Open Source Definition. Virtually every OSI approved
license requires the inclusion of copyright and other legal notices
(and frequently more elaborate information, see below). The
attribution requirement is similar to this notice requirement.
4. Integrity of The Author's Source Code
The license may restrict source-code from being distributed in
modified form only if the license allows the distribution of "patch
files" with the source code for the purpose of modifying the program
at build time. The license must explicitly permit distribution of
software built from modified source code. The license may require
derived works to carry a different name or version number from the
original software.
Rationale: Encouraging lots of improvement is a good thing, but users
have a right to know who is responsible for the software they are
using. Authors and maintainers have reciprocal right to know what
they're being asked to support and protect their reputations.
Accordingly, an open-source license must guarantee that source be
readily available, but may require that it be distributed as pristine
base sources plus patches. In this way, "unofficial" changes can be
made available but readily distinguished from the base source.
	2.	Already Approved.  OSI has approved several licenses which include
attribution, Attribution Assurance License, Open Source License and
the Adaptive Public License, as consistent with the Open Source
Definition.

2.  Redistributions of the Code in binary form must be accompanied by
this GPG-signed text in any documentation and, each time the resulting
executable program or a program dependent thereon is launched, a
prominent display (e.g., splash screen or banner text) of the Author's
attribution information, which includes:
(a) Name ("AUTHOR"),
(b) Professional identification ("PROFESSIONAL IDENTIFICATION"), and
(c) URL ("URL").

Section 3.10:
(a) As a modest attribution to the Initial Contributor, in the hope
that its promotional value may help justify the time, money and effort
invested in writing the Initial Work, the Initial Contributor may
include in Part 2 of the Supplement File a requirement that each time
an executable program resulting from the Initial Work or any
Subsequent Work, or a program dependent thereon, is launched or run, a
prominent display of the Initial Contributor's attribution information
must occur (the "ATTRIBUTION INFORMATION"). The Attribution
Information must be included at the beginning of each Source Code
file. For greater certainty, the Initial Contributor may specify in
the Supplement File that the above attribution requirement only
applies to an executable program resulting from the Initial Work or
any Subsequent Work, but not a program dependent thereon. The intent
is to provide for reasonably modest attribution, therefore the Initial
Contributor may not require Recipients to display, at any time, more
than the following Attribution Information: (a) a copyright notice
including the name of the Initial Contributor; (b) a word or one
phrase (not exceeding 10 words); (c) one digital image or graphic
provided with the Initial Work; and (d) a URL (collectively, the
"ATTRIBUTION LIMITS").
(b) If no Supplement File exists, or no Attribution Information is set
out in Part 2 of the Supplement File, then there are no requirements
for Recipients to display any Attribution Information of the Initial
Contributor.
Section 3.11: For greater certainty, any description or attribution
provisions contained within a Supplement File may only be used to
specify the nature of the description or attribution requirements, as
the case may be. Any provision in a Supplement File that otherwise
purports to modify, vary, nullify or amend any right, obligation or
representation contained herein shall be deemed void to that extent,
and shall be of no force or effect.
Section 6	Attribution Rights. You must retain, in the Source Code of
any Derivative Works that You create, all copyright, patent, or
trademark notices from the Source Code of the Original Work, as well
as any notices of licensing and any descriptive text identified
therein as an "Attribution Notice." You must cause the Source Code for
any Derivative Works that You create to carry a prominent Attribution
Notice reasonably calculated to inform recipients that You have
modified the Original Work

	3.  Not a Burdensome Requirement.   Some individuals have expressed
concern that attribution requirements will result in products where
the screens are filled with logos. Yet, by their nature, licenses with
attribution will only permit the original licensor to include its logo
since the license cannot be amended by sublicensors. Many open source
impose much more burdensome requirements, such as the requirement that
each contributor describe the changes that they have made to the code
(and some licenses require that such notices be "prominent"); GPL,
LGPL, MPL, Apache 2.0, Artistic, Computer Associates, CPL, CUA, EPL,
Reciprocal Public License, Ricoh Public License, IBM, Jabber Public
License, Lucent Public License, Motosoto, NASA Public License, Nauman
Public License, Nethack Public License, Nokia Open Source License and
Zope Public License.

	4.  Applications.  The needs of "application" open source software
are different from the more traditional "operating system" open source
software. Application software is frequently distributed by third
parties with other products without any notice to end users; this
business reality could substantially undercut the survival of
individuals and companies that develop such software. Such uses are
inconsistent with the "spirit" of the open source movement, but are
possible under open source licenses without attribution. For example,
the incorporation of application programs anonymously into
distributions by large companies could destroy the market for open
source application software.

	5.  Part of a Larger Problem.  Some individuals have expressed
concern that the attribution licenses are not approved by OSI. Yet,
many other modifications of open source licenses have not been
approved by OSI, such as FOSS and Affero. OSI should address the
entire problem or can be accused of selective enforcement.

	6.  Community Acceptance.  These licenses are used by Socialtext,
Zimbra, Alfresco,  Qlusters and SugarCRM. Yet their communities have
not expressed objections to this requirement. Many of these companies
are building business models which include distribution by third
parties so the distributors do not have a problem with this approach.

	7.  Consistent with Creative Commons. Creative Commons includes
"attribution" as one of the key decisions that need to be addressed in
using their licenses.

	8.  Not BSD Advertising Requirement. An attribution requirement is
not similar to the "advertising" requirement. It does not impose
"vague" requirements to mention the Berkeley Software Distribution in
undefined "advertising". On the contrary, it is very specific and easy
to understand and comply with.

					EXHIBIT A


This exhibit contains sample attribution clause language in various
open source licenses.  Provision one through five below are excerpted
from licenses based on the Mozilla Public license that have been
modified to include attribution clauses.  Provisions six and seven are
excerpted from the Attribution Assurance License (adapted from the
original BSD License) and the Adaptive Public License, respectively,
both of which have been approved by the Open Source Initiative (OSI).


1. Exhibit B – Zimbra Public License
Additional Terms applicable to the Zimbra Public License.
I. Effect.
These additional terms described in this Zimbra Public License -
Additional Terms shall apply to the Covered Code under this License.
II. Zimbra and logo.
This License does not grant any rights to use the trademarks "Zimbra"
and the "Zimbra" logos even if such marks are included in the Original
Code or Modifications.
However, in addition to the other notice obligations, (1) all copies
of the Original Code in Executable and Source Code form must, as a
form of attribution of the original author, include on each user
interface screen (i) the original Zimbra logo, and once for each user
session (ii) the copyright notice as it appears in the Original Code;
and (2) all derivative works and copies of derivative works of the
Covered Code in Executable and Source Code form must include on each
user interface screen (i) the "Zimbra Inside" logo, and once for each
user session (ii) the copyright notice from the version of the Covered
Code from which the copy or the derivative work was made.  In
addition, the original Zimbra logo or the "Zimbra Inside" logo, as
appropriate, must be visible to all users, must appear in each user
interface screen, and must be in the same position as and at least as
large as the Zimbra logo is within the Original Code.  When users
click on the original Zimbra logo it must direct them to
http://www.zimbra.com/, and when users click on the "Zimbra Inside"
logo it must direct them to http://www.zimbra.com/inside.  This
obligation shall also apply to any copies or derivative works which
are distributed under the alternative terms of Section 3.6 and this
obligation must be included in any such license.

2. Exhibit B – Qlusters Public License
Additional Terms applicable to the Qlusters Public License.
I. Effect.
These additional terms described in this Qlusters Public License –
Additional Terms shall apply to the Covered Code under this License.
II. Qlusters and logo.
This License does not grant any rights to use the trademarks
"Qlusters" and the "Qlusters" logos even if such marks are included in
the Original Code or Modifications.
However, in addition to the other notice obligations, all copies of
the Covered Code in Executable and Source Code form distributed must,
as a form of attribution of the original author, include on each user
interface screen (i) the logos set forth below and once for each user
session (ii) the copyright notice in the same form as the latest
version of the Covered Code distributed by Qlusters Corporation at the
time of distribution of such copy.  In addition, the logos set forth
below must be visible to all users, must appear in the upper left hand
corner of each user interface screen, and must be at least as large as
the Qlusters logo is within the original Qlusters user interface (116
x 30 pixels).  When users click on the "logos set forth below it must
direct them back to http://www.Qlusters.com.

3. SugarCRM Public License 1.1.3 – Exhibit B
Additional Terms applicable to the SugarCRM Public License.
I. Effect.
These additional terms described in this SugarCRM Public License ?
Additional Terms shall apply to the Covered Code under this License.
II. SugarCRM and logo.
This License does not grant any rights to use the trademarks
"SugarCRM" and the "SugarCRM" logos even if such marks are included in
the Original Code or Modifications.
However, in addition to the other notice obligations, all copies of
the Covered Code in Executable and Source Code form distributed must,
as a form of attribution of the original author, include on each user
interface screen (i) the "Powered by SugarCRM" logo and (ii) the
copyright notice in the same form as the latest version of the Covered
Code distributed by SugarCRM, Inc. at the time of distribution of such
copy.  In addition, the "Powered by SugarCRM" logo must be visible to
all users and be located at the very bottom center of each user
interface screen.  Notwithstanding the above, the dimensions of the
"Powered By SugarCRM" logo must be at least 106 x 23 pixels.  When
users click on the "Powered by SugarCRM" logo it must direct them back
to http://www.sugarforge.org.  In addition, the copyright notice must
remain visible to all users at all times at the bottom of the user
interface screen.  When users click on the copyright notice, it must
direct them back to http://www.sugarcrm.com.

4. Socialtext Public License 1.0.0 – Exhibit B
Additional Terms applicable to the Socialtext Public License.
1.	Effect.
These additional terms described in this Socialtext Public License,
Additional Terms shall apply to the Covered Code under this License.
2.	Socialtext and logo.
This License does not grant any rights to use the trademarks
"Socialtext" and the "Socialtext" logo and Dreamcatcher, even if such
marks are included in the Original Code or Modifications.
However, in addition to the other notice obligations, all copies of
the Covered Code in Executable and Source Code form distributed must,
as a form of attribution of the original author, include on each user
interface screen (i) the "Powered by Socialtext Open Source Edition"
logo and (ii) the copyright notice in the same form as the latest
version of the Covered Code distributed by Socialtext, Inc. at the
time of distribution of such copy.  In addition, the "Powered by
Socialtext" logo must be visible to all users and be located at the
very bottom center of each user interface screen.  Notwithstanding the
above, the dimensions of the "Powered By Socialtext" logo must be at
least 100x25 pixels.  When users click on the "Powered by Socialtext
Open Source Edition" logo it must direct them back to
http://www.socialtext.net/stoss.  In addition, the copyright notice
must remain visible to all users at all times at the bottom of the
user interface screen.  When users click on the copyright notice, it
must direct them back to http://www.socialtext.net/stoss.

5. Alfresco Public License 1.0 – Exhibit B
Additional Terms applicable to the Alfresco Public License.
I. Effect.
These additional terms described in this Alfresco Public License –
Additional Terms shall apply to the Covered Code under this License.
II. Alfresco and logo.
This License does not grant any rights to use the trademarks
"Alfresco" and the "Alfresco" logos even if such marks are included in
the Original Code or Modifications.
However, in addition to the other notice obligations, all copies of
the Covered Code in Executable and Source Code form distributed must,
as a form of attribution of the original author, include on each user
interface screen (i) the "Alfresco Community" logo, (ii) the vendor
disclaimer "Supplied free of charge with no support, no certification,
no maintenance, no warranty and no indemnity by Alfresco Software,
Inc. or its certified partners.  Click here for support.  And
certified Versions" and (iii) the copyright notice in the same form as
the latest version of the Covered Code distributed by Alfresco
Software, Inc. at the time of distribution of such copy.  In addition,
the "Alfresco Community" logo and vendor disclaimer must be visible to
all users and be located at the very bottom left of each user
interface screen.  Notwithstanding the above, the dimensions of the
"Alfresco Community" logo must be at least 176 x 26 pixels.  When
users click on the "Alfresco Community" logo it must direct them back
to http://www.alfresco.com.  When users click on the vendor disclaimer
it must direct them to http://www.alfresco.com.  In addition, the
copyright notice must remain visible to all users at all times at the
bottom of the user interface screen.  When users click on the
copyright notice, it must direct them back to http://www.alfresco.com.
(a) More Information

6. Attribution Assurance License (has been approved by the Open Source
Initiative (OSI))
	Redistributions of the Code in binary form must be accompanied by
this GPG-signed text in any 	documentation and, each time the
resulting executable program or a program dependent thereon 	is
launched, a prominent display (e.g., splash screen or banner text) of
the Author's attribution 	information, which includes:
(a)	Name ("AUTHOR"),
(b)	Professional identification ("PROFESSIONAL IDENTIFICATION"), and
(c)	URL ("URL").

7. Adaptive Public License (has been approved by the Open Source
Initiative (OSI))
Section 3.10:
(a)	As a modest attribution to the Initial Contributor, in the hope
that its promotional value may help justify the time, money and effort
invested in writing the Initial Work, the Initial Contributor may
include in Part 2 of the Supplement File a requirement that each time
an executable program resulting from the Initial Work or any
Subsequent Work, or a program dependent thereon, is launched or run, a
prominent display of the Initial Contributor's attribution information
must occur (the "ATTRIBUTION INFORMATION").  The Attribution
Information must be included at the beginning of each Source Code
file.  For greater certainty, the Initial Contributor may specify in
the Supplement File that the above attribution requirement only
applies to an executable program resulting from the Initial Work or
any Subsequent Work, but not a program dependent thereon.  The intent
is to provide for reasonably modest attribution, therefore the Initial
Contributor may not require Recipients to display, at any time, more
than the following Attribution Information:  (a) a copyright notice
including the name of the Initial Contributor; (b) a word or one
phrase (not exceeding 10 words); (c) one digital image or graphic
provided with the Initial Work; and (d) a URL (collectively, the
"ATTRIBUTION LIMITS").
(b)	If no Supplement File exists, or no Attribution Information is set
out in Part 2 of the Supplement File, then there are no requirements
for Recipients to display any Attribution Information of the Initial
Contributor.
Section 3.11:  For greater certainty, any description or attribution
provisions contained within a Supplement File may only be used to
specify the nature of the description or attribution requirements, as
the case may be.  Any provision in a Supplement File that otherwise
purports to modify, vary, nullify or amend any right, obligation or
representation contained herein shall be deemed void to that extent,
and shall be of no force or effect.

8.	Open Source License (has been approved by the Open Source Initiative (OSI))

	Section 6:

	You must retain, in the Source Code of any Derivative Works that You
create, all copyright, patent, or trademark notices from the Source
Code of the Original Work, as well as any notices of licensing and any
descriptive text identified therein as an "Attribution Notice." You
must cause the Source Code for any Derivative Works that You create to
carry a prominent Attribution Notice reasonably calculated to inform
recipients that You have modified the Original Work


-- 
--
Ross Mayfield
CEO
Socialtext, Inc.
ross.mayfield at socialtext.com
aim:rossdmayfield
skype:rossmayfield
t. +1-650-323-0800
f. +1-650-323-0801
company: http://www.socialtext.com
weblog: http://ross.typepad.com
many-to-many: http://www.corante.com/many
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