[License-review] Update of the EUPL (OSI approved in 2009)

Luis Villa luis at tieguy.org
Wed Mar 13 14:12:40 UTC 2013

Thanks for your patience, Patrice-Emmanuel.

I would ask that all list members read, review, and discuss the
license in the near future. I'm still trying to figure out what a good
calendar for license-review looks like, but suffice to say I'd like to
give thumbs-up/thumbs-down in a more prompt manner than in recent

I include below what John Cowan said on license-discuss, as part of
the record of discussion:


I see no changes that would affect its Open
Source status, and I think OSI should fast-track it as soon as they get
a formal submission.  Here are the changes I see:

1) The scope is extended from software to any kind of work.

2) Additional agreements are extended from "support, warranty, indemnity,
or other liability obligations" to any obligations whatsoever.

3) References to the European Commission and the European Communities
are updated to the EU.

4) The list of licenses which can supersede the EUPL in the case of
works that are dual-licensed has been extended to additional copyleft
licenses as well as new versions of existing licenses.  This provision
allows you to take, for example, a EUPL+GPL work and treat it as licensed
under the GPL only.


On Mon, Mar 11, 2013 at 2:56 PM, Patrice-Emmanuel Schmitz
<pe.schmitz at googlemail.com> wrote:
> Dear all,
> The European Commission has launched a revision process for the EUPL
> (European Union Public Licence).
> The current version is 1.1 (OSI-approved in March 2009)
> https://joinup.ec.europa.eu/software/page/eupl
> The new version (TXT file hereunder) includes little changes but increases
> interoperability:
> - Terminology revised according to the Lisbon treaty;
> - Clarification concerning additional agreements and jurisdiction;
> - Interoperability extended to GPLv3, AGPLv3, MPLv2, LGPLv2.1 & v3.
> A pdf version where all changes (v1.1 -> v1.2) are visible and a Working
> Paper are available on the public consultation forum page:
> https://joinup.ec.europa.eu/community/eupl/topic/public-consultation-draft-eupl-v12.
> The public consultation was initiated mid December, will end on 15 march. EC
> has already considered comments and will consider other suggestions as the
> case may be.
> Acting for the license steward EC (they asked me to do this), I submit the
> attached draft version 1.2.
> All subsequent modifications (if any other, after public consultation) will
> be reported to License review and published on the public consultation
> forum.
> Remarks can also be done directly on the forum, allowing more visibility by
> the community.
> Kind regards,
> Patrice-Emmanuel Schmitz
> legal expert, Joinup.eu
> pe.schmitz at googlemail.com
> European Union Public Licence
> V. 1.2
> EUPL © the European Union 2007, 2012
> This European Union Public Licence (the “EUPL”) applies to the Work (as
> defined below) which is provided under the terms of this Licence. Any use of
> the Work, other than as authorised under this Licence is prohibited (to the
> extent such use is covered by a right of the copyright holder of the Work).
> The Original Work is provided under the terms of this Licence when the
> Licensor (as defined below) has placed the following notice immediately
> following the copyright notice for the Original Work:
> Licensed under the EUPL
> or has expressed by any other means his willingness to license under the
> 1. Definitions
> In this Licence, the following terms have the following meaning:
> - The Licence: this Licence.
> - The Original Work: the work or software distributed and/or communicated by
> the Licensor under this Licence, available as Source Code and also as
> Executable Code as the case may be.
> - Derivative Works: the works or software that could be created by the
> Licensee, based upon the Original Work or modifications thereof. This
> Licence does not define the extent of modification or dependence on the
> Original Work required in order to classify a work as a Derivative Work;
> this extent is determined by copyright law applicable in the country
> mentioned in Article 15.
> - The Work: the Original Work and/or its Derivative Works.
> - The Source Code: the human-readable form of the Work which is the most
> convenient for people to study and modify.
> - The Executable Code: any code which has generally been compiled and which
> is meant to be interpreted by a computer as a program.
> - The Licensor: the natural or legal person that distributes and/or
> communicates the Work under the Licence.
> - Contributor(s): any natural or legal person who modifies the Work under
> the Licence, or otherwise contributes to the creation of a Derivative Work.
> - The Licensee or “You”: any natural or legal person who makes any usage of
> the Work under the terms of the Licence.
> - Distribution and/or Communication: any act of selling, giving, lending,
> renting, distributing, communicating, transmitting, or otherwise making
> available, on-line or off-line, copies of the Work or providing access to
> its essential functionalities at the disposal of any other natural or legal
> person.
> 2. Scope of the rights granted by the Licence
> The Licensor hereby grants You a world-wide, royalty-free, non-exclusive,
> sub-licensable licence to do the following, for the duration of copyright
> vested in the Original Work:
> - use the Work in any circumstance and for all usage,
> - reproduce the Work,
> - modify the Original Work, and make Derivative Works based upon the Work,
> - communicate to the public, including the right to make available or
> display the Work or copies thereof to the public and perform publicly, as
> the case may be, the Work,
> - distribute the Work or copies thereof,
> - lend and rent the Work or copies thereof,
> - sub-license rights in the Work or copies thereof.
> Those rights can be exercised on any media, supports and formats, whether
> now known or later invented, as far as the applicable law permits so.
> In the countries where moral rights apply, the Licensor waives his right to
> exercise his moral right to the extent allowed by law in order to make
> effective the licence of the economic rights here above listed.
> The Licensor grants to the Licensee royalty-free, non exclusive usage rights
> to any patents held by the Licensor, to the extent necessary to make use of
> the rights granted on the Work under this Licence.
> 3. Communication of the Source Code
> The Licensor may provide the Work either in its Source Code form, or as
> Executable Code. If the Work is provided as Executable Code, the Licensor
> provides in addition a machine-readable copy of the Source Code of the Work
> along with each copy of the Work that the Licensor distributes or indicates,
> in a notice following the copyright notice attached to the Work, a
> repository where the Source Code is easily and freely accessible for as long
> as the Licensor continues to distribute and/or communicate the Work.
> 4. Limitations on copyright
> Nothing in this Licence is intended to deprive the Licensee of the benefits
> from any exception or limitation to the exclusive rights of the rights
> owners in the Original Work, of the exhaustion of those rights or of other
> applicable limitations thereto.
> 5. Obligations of the Licensee
> The grant of the rights mentioned above is subject to some restrictions and
> obligations imposed on the Licensee. Those obligations are the following:
> Attribution right: the Licensee shall keep intact all copyright, patent or
> trademarks notices and all notices that refer to the Licence and to the
> disclaimer of warranties. The Licensee must include a copy of such notices
> and a copy of the Licence with every copy of the Work he/she distributes
> and/or communicates. The Licensee must cause any Derivative Work to carry
> prominent notices stating that the Work has been modified and the date of
> modification.
> Copyleft clause: If the Licensee distributes or communicates copies of the
> Original Works or Derivative Works, this Distribution or Communication will
> be done under the terms of this Licence or of a later version of this
> Licence unless the Original Work is expressly distributed only under this
> version of the Licence. The Licensee (becoming Licensor) cannot offer or
> impose any additional terms or conditions on the Work or Derivative Work
> that alter or restrict the terms of the Licence.
> Compatibility clause: If the Licensee Distributes or Communicates Derivative
> Works or copies thereof based upon both the Original Work and another work
> licensed under a Compatible Licence, this Distribution or Communication can
> be done under the terms of this Compatible Licence. For the sake of this
> clause, “Compatible Licence” refers to the licences listed in the appendix
> attached to this Licence. Should the Licensee’s obligations under the
> Compatible Licence conflict with his/her obligations under this Licence, the
> obligations of the Compatible Licence shall prevail.
> Provision of Source Code: When distributing and/or communicating copies of
> the Work, the Licensee will provide a machine-readable copy of the Source
> Code or indicate a repository where this Source will be easily and freely
> available for as long as the Licensee continues to distribute and/or
> communicate the Work.
> Legal Protection: This Licence does not grant permission to use the trade
> names, trademarks, service marks, or names of the Licensor, except as
> required for reasonable and customary use in describing the origin of the
> Work and reproducing the content of the copyright notice.
> 6. Chain of Authorship
> The original Licensor warrants that the copyright in the Original Work
> granted hereunder is owned by him/her or licensed to him/her and that he/she
> has the power and authority to grant the Licence.
> Each Contributor warrants that the copyright in the modifications he/she
> brings to the Work are owned by him/her or licensed to him/her and that
> he/she has the power and authority to grant the Licence.
> Each time You accept the Licence, the original Licensor and subsequent
> Contributors grant You a licence to their contributions to the Work, under
> the terms of this Licence.
> 7. Disclaimer of Warranty
> The Work is a work in progress, which is continuously improved by numerous
> Contributors. It is not a finished work and may therefore contain defects or
> “bugs” inherent to this type of development.
> For the above reason, the Work is provided under the Licence on an “as is”
> basis and without warranties of any kind concerning the Work, including
> without limitation merchantability, fitness for a particular purpose,
> absence of defects or errors, accuracy, non-infringement of intellectual
> property rights other than copyright as stated in Article 6 of this Licence.
> This disclaimer of warranty is an essential part of the Licence and a
> condition for the grant of any rights to the Work.
> 8. Disclaimer of Liability
> Except in the cases of wilful misconduct or damages directly caused to
> natural persons, the Licensor will in no event be liable for any direct or
> indirect, material or moral, damages of any kind, arising out of the Licence
> or of the use of the Work, including without limitation, damages for loss of
> goodwill, work stoppage, computer failure or malfunction, loss of data or
> any commercial damage, even if the Licensor has been advised of the
> possibility of such damage. However, the Licensor will be liable under
> statutory product liability laws as far such laws apply to the Work.
> 9. Additional agreements
> While distributing the Original Work or Derivative Works, You may choose to
> conclude an additional agreement, defining obligations and/or services
> consistent with this Licence. However, if accepting obligations, You may act
> only on your own behalf and on your sole responsibility, not on behalf of
> the original Licensor or any other Contributor, and only if You agree to
> indemnify, defend, and hold each Contributor harmless for any liability
> incurred by, or claims asserted against such Contributor by the fact You
> have accepted any warranty or additional liability.
> 10. Acceptance of the Licence
> The provisions of this Licence can be accepted by clicking on an icon “I
> agree” placed under the bottom of a window displaying the text of this
> Licence or by affirming consent in any other similar way, in accordance with
> the rules of applicable law. Clicking on that icon indicates your clear and
> irrevocable acceptance of this Licence and all of its terms and conditions.
> Similarly, you irrevocably accept this Licence and all of its terms and
> conditions by exercising any rights granted to You by Article 2 of this
> Licence, such as the use of the Work, the creation by You of a Derivative
> Work or the Distribution or Communication by You of the Work or copies
> thereof.
> 11. Information to the public
> In case of any Distribution and/or Communication of the Work by means of
> electronic communication by You (for example, by offering to download the
> Work from a remote location) the distribution channel or media (for example,
> a website) must at least provide to the public the information requested by
> the applicable law regarding the Licensor, the Licence and the way it may be
> accessible, concluded, stored and reproduced by the Licensee.
> 12. Termination of the Licence
> The Licence and the rights granted hereunder will terminate automatically
> upon any breach by the Licensee of the terms of the Licence.
> Such a termination will not terminate the licences of any person who has
> received the Work from the Licensee under the Licence, provided such persons
> remain in full compliance with the Licence.
> 13. Miscellaneous
> Without prejudice of Article 9 above, the Licence represents the complete
> agreement between the Parties as to the Work.
> If any provision of the Licence is invalid or unenforceable under applicable
> law, this will not affect the validity or enforceability of the Licence as a
> whole. Such provision will be construed and/or reformed so as necessary to
> make it valid and enforceable.
> The European Commission may publish other linguistic versions and/or new
> versions of this Licence and/or updated versions of the Appendix, so far
> this is required and reasonable, without reducing the scope of the rights
> granted by the Licence. New versions of the Licence will be published with a
> unique version number.
> All linguistic versions of this Licence, approved by the European
> Commission, have identical value. Parties can take advantage of the
> linguistic version of their choice.
> 14. Jurisdiction
> Without prejudice to specific agreement between parties,
> - any litigation resulting from the interpretation of this License, arising
> between the European Union institutions, bodies, offices or agencies, as a
> Licensor, and any Licensee, will be subject to the jurisdiction of the Court
> of Justice of the European Union, as laid down in article 272 of the Treaty
> on the Functioning of the European Union,
> - any litigation arising between other parties and resulting from the
> interpretation of this License, will be subject to the exclusive
> jurisdiction of the competent court where the Licensor resides or conducts
> its primary business.
> 15. Applicable Law
> Without prejudice to specific agreement between parties,
> - this Licence shall be governed by the law of the European Union Member
> State where the Licensor has his seat, resides or has his registered office,
> - this licence shall be governed by Belgian law if the Licensor has no seat,
> residence or registered office inside a European Union Member State.
> ===
> Appendix
> “Compatible Licences” according to Article 5 EUPL are:
> - GNU General Public License (GPL) v. 2, v. 3
> - GNU Affero General Public License (AGPL) v. 3
> - Open Software License (OSL) v. 2.1, v. 3.0
> - Eclipse Public License (EPL) v. 1.0
> - Cecill v. 2.0, v.2.1
> - Mozilla Public Licence (MPL) v. 2
> - GNU Lesser General Public Licence (LGPL) v. 2.1, v. 3
> - Creative Commons Attribution-ShareAlike v. 3.0 Unported (CC BY-SA 3.0) for
> works other than software
> - European Union Public Licence (EUPL), any version as from v. 1.1
> The European Commission may:
> - update this Appendix to later versions of the above licences without
> producing a new version of the EUPL.
> - extend this Appendix to new licences providing the rights granted in
> Article 2 of this Licence and protecting the covered Source Code from
> exclusive appropriation.
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