Request For Approval: Iggy Wanna Licence

Mon May 26 03:43:50 UTC 2008

Dear Reviewers

1. Request for Approval of Iggy Wanna Licence

I act for Open Kernel Labs (http://www.ok-labs.com/), the licence steward for the Iggy Wanna Licence.  A copy of the text of this licence is inlined at end of this email.  Open Kernel Labs requests OSI's approval for this licence (under the submission type "For Approval").  I use the term Licence Steward to refer to Open Kernel Labs in the balance of this email. 

2. About this Request

This request is comprised of: 
* this email;
* an associated legal analysis, to be sent by a separate email; and
* the text of the licence (inlined at the bottom of this email).

3. Requirements of Approval Process

The requirements of the approval process (http://www.opensource.org/approval) are addressed as follows: 

>  * Include or link to an HTML or plaintext copy of the license

A plain text copy of the licence is inlined at the end of this email.  

>  * Include other supporting data, as indicated below

**** Other Supporting Data
>  * Submit before final, whenever possible, to allow for revisions based on feedback

There remains scope for the Licence Steward to receive feedback on this licence. 

>  * Clearly state rationale for a new license

The licence extracts the generic parts of the SleepyCat licence and modifies it so that it may be used by third parties.  Further, the structure of the SleepyCat licence effectively prohibited its adoption for the Licence Steward's intended use case (ie as an operating system underlying applications).  As such it as been modified so that it can be used to achieve similar goals when used in more general circumstances (than only in embedded in applications as is the case with BerkeleyDB).

The specific changes which have been made, along with some notes on their purpose is set out in more detail in the associated legal analysis. 

>  * Compare to and contrast with the most similar OSI-approved license(s)

The most similar OSI-approved license is the SleepyCat licence.  The specific changes which have been made, along with some notes on their purpose is set out in more detail in the associated legal analaysis.   

>     * Provide results of any legal analysis available

A copy of the available legal analysis will be sent in a separate email. 

>     * Recommend which license proliferation category is appropriate

The Licence Steward recommends the "Other/miscellaneous Licenses" as the appropriate licence proliferation category.

4. Conclusion

I am subscribed to license-review and will review comments sent to that list.

Yours faithfully

Brendan Scott
Principal 
Open Source Law

****** Plain Text Copy of Iggy Wanna Licence

Iggy Wanna Licence

1. Redistribution and use of <name of Software> (Software) in source and binary 
forms, with or without modification, are permitted provided that the following 
conditions are met:

    (a) Redistributions of source code must retain this clause 1 (including
        paragraphs (a), (b), (c) and (d)), clause 2, clause 3 (Licence 
        Terms) and the above copyright notice.

    (b) Redistributions in binary form must reproduce the above copyright
        notice and the Licence Terms in the documentation and/or other
        materials provided with the distribution.  

    (c) Redistributions in any form must be accompanied by information on
        how to obtain complete source code for: 

        (i) the Software; and 
        (ii) all accompanying software that uses (or is intended to use) the
             Software whether directly or indirectly.  
        For an executable file, "complete source code" means the source code for
        all modules it contains and includes associated build and other files
        reasonably required to produce the executable.  

    (d) The source code referred to in paragraph (c) must: 
        (i) either be included in the distribution or be available for no more
            than the cost of distribution plus a nominal fee; and 
        (ii) be licensed by each relevant holder of copyright under either the 
             Licence Terms (with an appropriate copyright notice) or the terms of
             a licence which is approved by the Open Source Initiative.  

2. THIS SOFTWARE IS PROVIDED ``AS IS'' AND, TO THE EXTENT PERMITTED BY LAW, ANY 
EXPRESS OR IMPLIED TERMS, CONDITIONS OR WARRANTIES, INCLUDING, BUT NOT LIMITED 
TO, IMPLIED CONDITIONS OR WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR 
PURPOSE, OR NON-INFRINGEMENT, ARE DISCLAIMED.  WHERE ANY TERM, CONDITION OR 
WARRANTY IS IMPLIED AND IS PREVENTED BY LAW FROM BEING DISCLAIMED THEN IT IS
INCLUDED AND TO THE EXTENT PERMISSIBLE BY LAW: 

    (A) IT IS READ DOWN IN FAVOUR OF THE COPYRIGHT HOLDER (AND, IN THE 
        CASE OF A PARTICIPANT, THAT PARTICIPANT); AND 

    (B) ANY LIMITATIONS PERMITTED BY LAW (INCLUDING AS TO THE EXTENT OF THE 
        TERM, CONDITION, OR WARRANTY AND THE REMEDIES AVAILABLE IN THE EVENT OF 
        BREACH) ARE DEEMED PART OF THIS LICENCE IN A FORM MOST FAVOURABLE TO THE 
        COPYRIGHT HOLDER (AND, IN THE CASE OF A PARTICIPANT, THAT PARTICIPANT). 

IN THE LICENCE TERMS, "PARTICIPANT" INCLUDES EVERY PERSON WHO HAS CONTRIBUTED 
TO THE SOFTWARE OR WHO HAS BEEN INVOLVED IN THE DISTRIBUTION OR DISSEMINATION 
OF THE SOFTWARE.  THESE LICENCE TERMS ARE TO BE INTERPRETED TO PREFER 
INTERPRETATIONS WHICH FAVOUR THE COPYRIGHT HOLDER OVER EACH PARTICIPANT TO THE 
EXTENT OF ANY CONFLICT BETWEEN THEIR INTERESTS.

3. IN NO EVENT SHALL THE COPYRIGHT HOLDER OR ANY OTHER PARTICIPANT 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. 