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

Wed Mar 13 17:38:43 UTC 2013

Thank you Luis,
I agree with the comment of John.
Patrice

2013/3/13 Luis Villa <luis at tieguy.org>

> 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
> times.
>
> 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
> > EUPL.
> >
> > 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.
> >
> > _______________________________________________
> > License-review mailing list
> > License-review at opensource.org
> > http://projects.opensource.org/cgi-bin/mailman/listinfo/license-review
> >
> _______________________________________________
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>

-- 
Patrice-Emmanuel Schmitz
pe.schmitz at googlemail.com
tel. + 32 478 50 40 65
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