For Approval: Common Public Attribution License (CPAL)

[David Woolley]

Ross Mayfield wrote:

> Common Public Attribution License Version 1.0 (CPAL)
> 1.	“Definitions”
> 	1.0.1	“Commercial Use” means distribution or otherwise making the Covered Code available to a third party.

This is a much broader definition of commercial use that normal, in that 
there is no mention of money anywhere.  Normally commercial use is 
understood either to mean that the software is used in the course of a 
business, or, more commonly, that copies of the software (and/or 
licenses) are sold in exchange for money or something else of value.

"make available" seems to be a technical term that needs defining, as 
well.  Without a definition, it sounds like a library allowing someone 
to view the code.  I think the intention is probably to include running 
the software with no human intermediary.  It's possible that you also 
want to include the use of a human intermediary, either when providing a 
specific service of the software, or incidentally, e.g. a corporation 
tax package used by a web design company purely for their own tax.

> 	(c)	the licenses granted in Sections 2.2(a) and 2.2(b) are effective on the date Contributor first makes Commercial Use of the Covered Code. 

As I read this, you must distribute or otherwise make available 
(whatever that means) the code, before you can modify it, or in 
countries, like, I believe the UK, that consider use of software 
protected, even run it.  Given the strange definition of commercial, 
which doesn't require any commercial transaction, even a home user 
doesn't get a licence until they distribute or make available.

I suspect, in part, you are confused by proprietary licence 
*agreements*, where the key part of the document is the contractual
agreement.  "licence" as a word, means give permission.  Without that
permission, even using is illegal in some places.


-- 
David Woolley
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