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

[Kevin Fleming]

I'm curious to hear your rationale as to why this does not conflict with
the section 5 of the OSD, since it grants different permissions to various
groups of people.

Also, I'm *really* curious to hear how this additional license grant isn't
transitive (which it appears to be, but isn't what you describe as your
intent). If I publish a work under this license, and you create a
derivative work and publish it also under this license, then I get
permission to use your modifications under this license and under the AL2.
If a third party then makes a derivative of my derivative and publishes it,
you and I *both* get permission to use their changes under the AL2. If the
third party's modifications are to portions which you added, and which did
not exist in any form in my original version, then it's possible that only
you would receive the additional AL2 license grant.

On Mon, Oct 24, 2016 at 5:04 PM, Nigel T <nigel.2048 at gmail.com> wrote:

> 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
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> modifications to it and all available documentation describing how to
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>
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> 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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