[License-review] Submission of the Upstream Compatibility License v1.0 (UCL-1.0) for approval

[Nigel T]

OSI License Submission for Upstream Compatibility License (UCL) v1.0

The attached license is submitted to the Open Source Initiative for
approval as
an OSI-approved Open Source license.

RATIONALE:

To provide developers wishing to open source an existing closed source
product
with an Open Source license that is Copyleft for downstream developers and
Permissive for upstream developers

This provides the author(s) of the original work(s) the benefits of a
copyleft
release while retaining the ability to freely reuse downstream
modifications in
their original product without needing to manage Contributor License
Agreements
or maintain control of the open source project.

LICENSE DESIGN:

The UCL license is based on the Open Source License v3.0 by Lawrence Rosen.
Sections1c and 16 have been changed to provide the licensors of the
original work
(aka upstream developers) with an Apache 2.0 or later license in addition
the to
normal terms of OSL v3.0.  There are no other substantive (or intentional)
changes
to OSL v3 so any other differences found are errors.

Section 1c now reads:

c) to distribute or communicate copies of the Original Work and Derivative
Works
to the public, with the proviso that copies of Original Work or Derivative
Works
that You distribute or communicate shall be licensed under this Upstream
Compatibility License, and all Licensors of the Original Work are also
granted a
license to Your Derivative Work under the Apache License 2.0 or later;

Section 16 was modified to update the copyright information of the license
itself and to rename the license to UCL.

Section 16 now reads:

16) Modification of This License. This License is Copyright © 2005 Lawrence
Rosen and Copyright © 2016 Nigel Tzeng. Permission is granted to copy,
distribute, or communicate this License without modification. Nothing in
this
License permits You to modify this License as applied to the Original Work
or to
Derivative Works. However, You may modify the text of this License and copy,
distribute or communicate your modified version (the "Modified License") and
apply it to other original works of authorship subject to the following
conditions: (i) You may not indicate in any way that your Modified License
is
the "Open Software License" or "OSL" or the “Upstream Compatible License” or
“UCL” and you may not use those names in the name of your Modified License;
(ii)
You must replace the notice specified in the first paragraph above with the
notice "Licensed under <insert your license name here>" or with a notice of
your
own that is not confusingly similar to the notice in this License; and
(iii) You
may not claim that your original works are open source software unless your
Modified License has been approved by Open Source Initiative (OSI) and You
comply with its license review and certification process.

PROLIFERATION CATEGORY:

This license should be categorized as a Special Purpose License.

DISTINGUISHING FROM OTHER OSI-APPROVED LICENSES:

I believe this licensed is non-duplicative after reviewing the list of OSI
approved licenses.  It differs from mainstream strong copyleft open source
licenses by providing upstream developers with explicit additional rights
(i.e. those granted by Apache 2.0 or later) which cannot be removed by
downstream
developers as they could be in GPL V3 Section 7. Additional Terms.

LEGAL REVIEW:

Mr Rosen was kind enough to informally review the UCL and to insure I met
the
terms of the Section 16 of the OSL.

In keeping with the License Approval Process submission guidelines:

1. I have read the Open Source Definition and ensured that this license
complies with it (and in fact, this license is an amalgamation of already
OSI-approved licenses).
2. This is an Approval submission, as this is a new license (albeit derived
from existing OSI-approved licenses).
3. I have appropriate standing to submit this request, as this license was
created by me (again, derived from existing OSI-approved licenses).
4. I am subscribed to license-review.
5. This communication is our formal request to license-review.

Please approve this license for inclusion on the OSI approved license list.

PLAINTEXT COPY OF LICENSE BELOW:

=================================================================================

Upstream Compatible License v. 1.0 (UCL-1.0)

This Upstream Compatible License (the "License") applies to any original
work of
authorship (the "Original Work") whose owner (the "Licensor") has placed the
following licensing notice adjacent to the copyright notice for the Original
Work:

Licensed under the Upstream Compatible License 1.0

1) Grant of Copyright License. Licensor grants You a worldwide,
royalty-free,
non-exclusive, sublicensable license, for the duration of the copyright, to
do
the following:

a) to reproduce the Original Work in copies, either alone or as part of a
collective work;
b) to translate, adapt, alter, transform, modify, or arrange the Original
Work, thereby creating derivative works ("Derivative Works") based upon the
Original Work;
c) to distribute or communicate copies of the Original Work and Derivative
Works to the public, with the proviso that copies of Original Work or
Derivative Works that You distribute or communicate shall be licensed under
this Upstream Compatible License and all Licensors of the Original Work are
also granted a license to your Derivative Work under the Apache License 2.0
or later;
d) to perform the Original Work publicly; and

e) to display the Original Work publicly.

2) Grant of Patent License.

Licensor grants You a worldwide, royalty-free, non-exclusive, sublicensable
license, under patent claims owned or controlled by the Licensor that are
embodied in the Original Work as furnished by the Licensor, for the
duration of
the patents, to make, use, sell, offer for sale, have made, and import the
Original Work and Derivative Works.

3) Grant of Source Code License.

The term "Source Code" means the preferred form of the Original Work for
making
modifications to it and all available documentation describing how to
modify the
Original Work. Licensor agrees to provide a machine-readable copy of the
Source
Code of the Original Work along with each copy of the Original Work that
Licensor distributes. Licensor reserves the right to satisfy this
obligation by
placing a machine-readable copy of the Source Code in an information
repository
reasonably calculated to permit inexpensive and convenient access by You
for as
long as Licensor continues to distribute the Original Work.

4) Exclusions From License Grant.

Neither the names of Licensor, nor the names of any contributors to the
Original
Work, nor any of their trademarks or service marks, may be used to endorse
or
promote products derived from this Original Work without express prior
permission of the Licensor. Except as expressly stated herein, nothing in
this
License grants any license to Licensor's trademarks, copyrights, patents,
trade
secrets or any other intellectual property. No patent license is granted to
make, use, sell, offer for sale, have made, or import embodiments of any
patent
claims other than the licensed claims defined in Section 2. No license is
granted to the trademarks of Licensor even if such marks are included in the
Original Work. Nothing in this License shall be interpreted to prohibit
Licensor
from licensing under terms different from this License any Original Work
that
Licensor otherwise would have a right to license.

5) External Deployment.

The term "External Deployment" means the use, distribution, or
communication of
the Original Work or Derivative Works in any way such that the Original
Work or
Derivative Works may be used by anyone other than You, whether those works
are
distributed or communicated to those persons or made available as an
application
intended for use over a network. As an express condition for the grants of
license hereunder, You must treat any External Deployment by You of the
Original
Work or a Derivative Work as a distribution under section 1(c).

6) Attribution Rights.

You must retain, in the Source Code of any Derivative Works that You
create, all
copyright, patent, or trademark notices from the Source Code of the Original
Work, as well as any notices of licensing and any descriptive text
identified
therein as an "Attribution Notice." You must cause the Source Code for any
Derivative Works that You create to carry a prominent Attribution Notice
reasonably calculated to inform recipients that You have modified the
Original
Work.

7) Warranty of Provenance and Disclaimer of Warranty.

Licensor warrants that the copyright in and to the Original Work and the
patent
rights granted herein by Licensor are owned by the Licensor or are
sublicensed
to You under the terms of this License with the permission of the
contributor(s)
of those copyrights and patent rights. Except as expressly stated in the
immediately preceding sentence, the Original Work is provided under this
License
on an "AS IS" BASIS and WITHOUT WARRANTY, either express or implied,
including,
without limitation, the warranties of non-infringement, merchantability or
fitness for a particular purpose. THE ENTIRE RISK AS TO THE QUALITY OF THE
ORIGINAL WORK IS WITH YOU. This DISCLAIMER OF WARRANTY constitutes an
essential
part of this License. No license to the Original Work is granted by this
License
except under this disclaimer.

8) Limitation of Liability.

Under no circumstances and under no legal theory, whether in tort (including
negligence), contract, or otherwise, shall the Licensor be liable to anyone
for
any indirect, special, incidental, or consequential damages of any character
arising as a result of this License or the use of the Original Work
including,
without limitation, damages for loss of goodwill, work stoppage, computer
failure or malfunction, or any and all other commercial damages or losses.
This
limitation of liability shall not apply to the extent applicable law
prohibits
such limitation.

9) Acceptance and Termination.

If, at any time, You expressly assented to this License, that assent
indicates
your clear and irrevocable acceptance of this License and all of its terms
and
conditions. If You distribute or communicate copies of the Original Work or
a
Derivative Work, You must make a reasonable effort under the circumstances
to
obtain the express assent of recipients to the terms of this License. This
License conditions your rights to undertake the activities listed in
Section 1,
including your right to create Derivative Works based upon the Original
Work,
and doing so without honoring these terms and conditions is prohibited by
copyright law and international treaty. Nothing in this License is intended
to
affect copyright exceptions and limitations (including "fair use" or "fair
dealing"). This License shall terminate immediately and You may no longer
exercise any of the rights granted to You by this License upon your failure
to
honor the conditions in Section 1(c).

10) Termination for Patent Action.

This License shall terminate automatically and You may no longer exercise
any of
the rights granted to You by this License as of the date You commence an
action,
including a cross-claim or counterclaim, against Licensor or any licensee
alleging that the Original Work infringes a patent. This termination
provision
shall not apply for an action alleging patent infringement by combinations
of
the Original Work with other software or hardware.

11) Jurisdiction, Venue and Governing Law.

Any action or suit relating to this License may be brought only in the
courts of
a jurisdiction wherein the Licensor resides or in which Licensor conducts
its
primary business, and under the laws of that jurisdiction excluding its
conflict-of-law provisions. The application of the United Nations
Convention on
Contracts for the International Sale of Goods is expressly excluded. Any
use of
the Original Work outside the scope of this License or after its termination
shall be subject to the requirements and penalties of copyright or patent
law in
the appropriate jurisdiction. This section shall survive the termination of
this
License.

12) Attorneys' Fees.

In any action to enforce the terms of this License or seeking damages
relating
thereto, the prevailing party shall be entitled to recover its costs and
expenses, including, without limitation, reasonable attorneys' fees and
costs
incurred in connection with such action, including any appeal of such
action.
This section shall survive the termination of this License.

13) Miscellaneous.

If any provision of this License is held to be unenforceable, such provision
shall be reformed only to the extent necessary to make it enforceable.

14) Definition of "You" in This License.

"You" throughout this License, whether in upper or lower case, means an
individual or a legal entity exercising rights under, and complying with
all of
the terms of, this License. For legal entities, "You" includes any entity
that
controls, is controlled by, or is under common control with you. For
purposes of
this definition, "control" means (i) the power, direct or indirect, to
cause the
direction or management of such entity, whether by contract or otherwise, or
(ii) ownership of fifty percent (50%) or more of the outstanding shares, or
(iii) beneficial ownership of such entity.

15) Right to Use.

You may use the Original Work in all ways not otherwise restricted or
conditioned by this License or by law, and Licensor promises not to
interfere
with or be responsible for such uses by You.

16) Modification of This License.

This License is Copyright © 2005 Lawrence Rosen and Copyright © 2016 Nigel
Tzeng. Permission is granted to copy, distribute, or communicate this
License
without modification. Nothing in this License permits You to modify this
License
as applied to the Original Work or to Derivative Works. However, You may
modify
the text of this License and copy, distribute or communicate your modified
version (the "Modified License") and apply it to other original works of
authorship subject to the following conditions: (i) You may not indicate in
any
way that your Modified License is the "Open Software License" or "OSL" or
the
“Upstream Compatibility License” or “UCL” and you may not use those names
in the
name of your Modified License; (ii) You must replace the notice specified
in the
first paragraph above with the notice "Licensed under <insert your license
name
here>" or with a notice of your own that is not confusingly similar to the
notice in this License; and (iii) You may not claim that your original
works are
open source software unless your Modified License has been approved by Open
Source Initiative (OSI) and You comply with its license review and
certification
process.
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