[License-review] EUPL v1.2
Patrice-Emmanuel Schmitz
pe.schmitz at googlemail.com
Fri Jun 2 11:59:35 UTC 2017
Dear OSI Board,
On 25 June 2014, the OSI board recommended (see "HISTORIC" record below)
the approval of the draft EUPL v1.2 ("Recommendation: Board to approve when
license is finalized").
It has taken a lot of time for the "European Government" to move since this
final draft (I know, more than two years, nearly three...), but the result
is there finally with the publication of the licence with equal working
value in 23 languages. Croatian was added.
See: OJ 19/05/2017 L128 *p. 59–64*
<http://eur-lex.europa.eu/legal-content/FR/TXT/?uri=uriserv:OJ.L_.2017.128.01.0059.01.FRA&toc=OJ:L:2017:128:TOC>
The draft has not changed significantly since 2014, but due to the
elapsed time it seems appropriate to reiterate the process:
Submission type: approval
Licence name: EUPL v1.2
Plaintext copy: attached in English (UTF-8)
Rationale: updating the existing OSI approved EUPL v1.1
Distinguish:
- EUPL is the sole licence in the world with working value in 23
languages. There are no equivalent.
- Created by the European Commission and, as such, the only license
which has written by an international governing body. It has been
written from the ground up for to solve the legal uncertainties, both
real and perceived, which arise from incompatibility between U.S.-law
anchored licenses and enforceability under European law.
- It is both copyleft AND compatible. This is an original approach
establishing a new category of "copyleft-compatible" licenses
- This approach is followed/shared by CECILL-2.1
<https://opensource.org/licenses/CECILL-2.1> and by LiLiQ-R /
LiLiQR+ that are also "copyleft-compatible".
Legal review: the licence has been reviewed in conformity to the European
law, in particular the Directive 2009/24/EC on the legal protection of
computer programs and regulation related to product liability.
Legal analysis: published in International Free and Open Source Law Review
IFOSSLR (http://www.ifosslr.org/ifosslr/article/view/91/164)
Full information: on Joinup.eu
<https://joinup.ec.europa.eu/community/eupl/news/understanding-eupl-v12>
Proliferation category: after 10 years existence, support from the European
institutions, and more than 15.000 projects reported, the license could now
be categorised as "With strong community". Regarding licence
proliferation, the "copyleft-compatible" approach solves issues, because
establishing compatibility with GPL v2, GPL v3, AGPL and other copyleft
licences.
Thank you for your attention,
Patrice-Emmanuel Schmitz
Lawyer
Joinup.eu legal support
HISTORIC RECORD:
From: Luis Villa <luis at tieguy.org>
Date: 2014-06-25 15:52 GMT+02:00
Subject: [License-review] License Committee Report - for board meeting
[NASA, EUPL, and Tidepool]
To: License Review <license-review at opensource.org>
This email is my report for licenses currently submitted to the OSI.
If anybody disagrees with my assessment of the list's comments or
conclusions, please change the subject line to be specific to the
license you want to discuss, and comment before the meeting of Nov. 6.
EUPL 1.2
=======
Submission: http://projects.opensource.org/pipermail/license-review/
2013-March/000540.html
Comments: John Cowan reviewed the changes to the (earlier-approved)
versions of the EUPL, and found nothing objectionable. No further
objections have been raised, but we have been asked not to approve
until the license is finalized.
Recommendation: Board to approve when license is finalized.
_______________________________________________
License-review mailing list
License-review at opensource.org
http://projects.opensource.org/cgi-bin/mailman/listinfo/license-review
--
Patrice-Emmanuel Schmitz
pe.schmitz at googlemail.com
tel. + 32 478 50 40 65
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EUROPEAN UNION PUBLIC LICENCE v. 1.2
EUPL © the European Union 2007, 2016
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 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 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 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 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 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’ or ‘Communication’:any act of selling, giving, lending, renting, distributing, communicating,
transmitting, or otherwise making available, online or offline, 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 worldwide, royalty-free, non-exclusive, sublicensable 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 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,
— sublicense 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 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 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 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 — for example by communicating
‘EUPL v. 1.2 only’. 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 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 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 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 Work, You may choose to conclude an additional agreement, defining obligations 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 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 or reformed so as necessary to make it valid
and enforceable.
The European Commission may publish other linguistic versions or new versions of this Licence 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) v. 1.1, v. 1.2
— Québec Free and Open-Source Licence — Reciprocity (LiLiQ-R) or Strong Reciprocity (LiLiQ-R+)
The European Commission may update this Appendix to later versions of the above licences without producing
a new version of the EUPL, as long as they provide the rights granted in Article 2 of this Licence and protect the
covered Source Code from exclusive appropriation.
All other changes or additions to this Appendix require the production of a new EUPL version.
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