[License-discuss] Open Source Eventually License Development

[Michael Widenius]

Hi!

>>>>> "Eben" == Eben Moglen <moglen at softwarefreedom.org> writes:

<cut>

Eben> No, Mr Cowan.  The license only exists if the precedent license hasn't
Eben> been terminated or revoked during the term.  If it has, then the right
Eben> to distribute under free license has also terminated.  No one should
Eben> take the code in reliance on the free license after notice of
Eben> termination, because the free license is deceptive: the distributor is
Eben> infringing.  If the free license promised is GPL, then GPLv2 sect.  7
Eben> or GPLv3 sect.  12 would prevent the presumptive GPL distributor from
Eben> releasing under those circumstances, while ensuring that any
Eben> downstream recipients had protection; more permissive and in this
Eben> sense less careful licenses would allow the creation of the resulting
Eben> menace to navigation, but the apparent free license wouldn't in fact
Eben> exist.

I don't see how one could revoke something that one has explicitely
stated in each source file (just like the GPL; You can't revoke GPL
from something that is already published).

Here is an example Business Source license that should hopefully help
clarify things.

This should be included as the header of all source file in the project.

As far as I can understand, this should be give the end user reasonable
assurance that the code he gets will be Free software on the given
date and NO ONE can take that right away from him.

Regards,
Monty

------------------------------

XYZ Business Source License

Copyright © 2013, XYZ Corporation

This license (“License”) grants rights in specified software code (the “Code”) under a business-source-style license that applies one set of terms and conditions (the “Pre-Change Terms”) to the Code and all modified Code before a specified date (the “Change Date”), and another set of terms and conditions (the “Post-Change Terms”) on and after the Change Date. The Change Date for this license is 01 January 2015.

More about this License can be found at http​://company-name/Business_source.

A. Pre-Change Terms: License, before 01 January 2015:

Prior to the Change Date, you have the non-exclusive, worldwide rights under this License to copy, modify, display, use, and redistribute the Code solely under the following conditions:

[Insert business source limitations appropriate to your business here, such as: “The database size used by the Code is less than 1 Gigabyte, and the Code is used in non-commercial contexts where neither you, the user nor any distributor or service provider makes money, directly or indirectly, from using or otherwise exercising your licensed rights in the Code or modified Code.”]. [The foregoing limitations are for illustrative purposes only. When designing your business-specific, Pre-Change limitations, carefully consider such things as: i) the differences between source and object code; ii) copyright and patent rights; and iii) the impact on your business of all possible uses of the code, including distribution, the creation and use of derivatives and collective works, and the provision of cloud-based and other services that do not require distribution of the Code.]

All copies and uses of original and modified Code are also subject to this License. When copying or distributing original or modified Code, you must conspicuously and appropriately publish on each copy an appropriate copyright notice; keep intact all notices stating that this License applies to the original or modified Code; keep intact all notices of the absence of any warranty; and give all recipients a copy of this License along with the Code.

If your desired use of the Code or modified Code does not meet all of the above requirements, you MUST purchase a separate, commercial license for the Code prior to all conflicting installations or other uses of the Code. You can buy support/licenses from: ______________.

Any attempt to use the Code outside the permitted scope of the Pre-Change Terms will automatically terminate your rights under this License to this and all future versions of the Code.

TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE CODE OR ANY SERVICES OR WORK PRODUCT PROVIDED UNDER OR IN CONNECTION WITH WITH THIS LICENSE ARE PROVIDED ON AN “AS IS” BASIS. YOU EXPRESSLY WAIVE ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING (WITHOUT LIMITATION) WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SYSTEM INTEGRATION, AND ACCURACY OF INFORMATIONAL CONTENT.

On the Change Date, the Pre-Change Terms shall automatically terminate and shall be replaced with the Post-Change Terms described in Section B, below.

B. Post-Change Terms: License after, and including, 01 January 2015:

On and after the Change Date, the software code is licensed to you pursuant to version 2 or later of the GNU General Public License, as follows:

This program is free software; you can redistribute it and/or modify it under the terms of the GNU General Public License as published by the Free Software Foundation; version 2 or later of the License.

This program is distributed in the hope that it will be useful, but WITHOUT ANY WARRANTY; without even the implied warranty of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. See the GNU General Public License for more details.

You should have received a copy of the GNU General Public License
along with this program; if not, write to the Free Software
Foundation, Inc., 59 Temple Place, Suite 330, Boston, MA 02111-1307
USA.