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

[Luis Villa]

Ping? Any more comments? I'd like to approve this at the board's
upcoming meeting (a week from yesterday). Thanks!

On Wed, Mar 13, 2013 at 7:12 AM, Luis Villa <luis at tieguy.org> wrote:
> 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.
>>
>> _______________________________________________
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>>