[License-review] Approval: Server Side Public License, Version 2 (SSPL v2)

[Eliot Horowitz]

Thank you for your comments on the Server Side Public License.  Below is an
updated version of the Server Side Public License, which we are submitting
for review in lieu of version 1.0.  If this version is approved by OSI, we
plan to apply it to the next release of our MongoDB software, which is
currently available under version 1.0.

In this version, we have made several significant substantive changes in
Section 13, we well as certain conforming and non-substantive changes.

Members of the list expressed concerns that compliance with the source code
sharing conditions of Section 13 would not be feasible, because in common
technology environments today, some parts of the Service Source Code would
be proprietary, or subject to incompatible open source licenses.  To
address this concern, we have clarified that the source code sharing
condition of Section 13 does not require delivery of Major Components or
System Libraries. We have also added the option to make the Service Source
Code (other than the Corresponding Source for the Program itself) available
under OSI or FSF approved licenses, to the extent that the licensee does
not have the right to share the Service Source Code under the terms of the
SSPL.

Members had also expressed concerns about whether the SSPL meets OSD 9 --
that the license must not restrict other software.  While we think version
1 met with this plank of the definition, and explained why in our initial
submission, we made the changes described above in part to further address
this concern, by limiting the source code that must be made available
subject to this license and adding the option to make the source code
available under other open source licenses.

Below is a list of changes.  The revised license appears after the listed
changes, in plaintext.

Substantive changes:

--Version number changed from 1 to 2
--Date changed to November [____] 2018
--Section 13, first sentence: added “or, solely with respect to any
programs (other than the Program or a modified version) for which you do
not have the right to make the Corresponding Source available under the
terms of this License, under the terms of a license that has been approved
by the Open Source Initiative or categorized by the Free Software
Foundation as free”
--Section 13, second paragraph: added “(other than programs that are Major
Components or System Libraries)” after “all programs”
--Section 13, second paragraph: “storage software and hosting software”
changed to “host orchestration software”

Non-substantive and conforming changes:

--Definition of This License: added “the”
--Section 5, last sentence: “Without limiting section 13,” added
--Section 8: “or otherwise use” added in two places
--Section 9: added “single” before “copy”
--Section 9: “use” added to “propagate or modify” and “using” added to
“modifying or propagating”
--Section 13: “a” replaces “the” in first line of Service Source Code
definition

A PLAINTEXT VERSION OF THE LICENSE FOLLOWS:

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

Server Side Public License
VERSION 2, NOVEMBER [XX], 2018

Copyright © 2018 MongoDB, Inc.

Everyone is permitted to copy and distribute verbatim copies of this
license document, but changing it is not allowed.
TERMS AND CONDITIONS
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If conditions are imposed on you (whether by court order, agreement or
otherwise) that contradict the conditions of this License, they do not
excuse you from the conditions of this License. If you cannot use,
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a consequence you may not use, propagate or convey it at all. For example,
if you agree to terms that obligate you to collect a royalty for further
conveying from those to whom you convey the Program, the only way you could
satisfy both those terms and this License would be to refrain entirely from
conveying the Program.
13. Offering the Program as a Service.
If you make the functionality of the Program or a modified version
available to third parties as a service, you must make the Service Source
Code available via network download to everyone at no charge, under the
terms of this License or, solely with respect to any programs (other than
the Program or a modified version) for which you do not have the right to
make the Corresponding Source available under the terms of this License,
under the terms of a license that has been approved by the Open Source
Initiative or categorized by the Free Software Foundation as free. Making
the functionality of the Program or modified version available to third
parties as a service includes, without limitation, enabling third parties
to interact with the functionality of the Program or modified version
remotely through a computer network, offering a service the value of which
entirely or primarily derives from the value of the Program or modified
version, or offering a service that accomplishes for users the primary
purpose of the Program or modified version.
“Service Source Code” means the Corresponding Source for the Program or a
modified version, and the Corresponding Source for all programs (other than
programs that are Major Components or System Libraries) that you use to
make the Program or modified version available as a service, including,
without limitation, management software, user interfaces, application
program interfaces, automation software, monitoring software, backup
software, and host orchestration software, all such that a user could run
an instance of the service using the Service Source Code you make
available.
14. Revised Versions of this License.
MongoDB, Inc. may publish revised and/or new versions of the Server Side
Public License from time to time. Such new versions will be similar in
spirit to the present version, but may differ in detail to address new
problems or concerns.
Each version is given a distinguishing version number. If the Program
specifies that a certain numbered version of the Server Side Public License
“or any later version” applies to it, you have the option of following the
terms and conditions either of that numbered version or of any later
version published by MongoDB, Inc. If the Program does not specify a
version number of the Server Side Public License, you may choose any
version ever published by MongoDB, Inc.
If the Program specifies that a proxy can decide which future versions of
the Server Side Public License can be used, that proxy's public statement
of acceptance of a version permanently authorizes you to choose that
version for the Program.
Later license versions may give you additional or different permissions.
However, no additional obligations are imposed on any author or copyright
holder as a result of your choosing to follow a later version.
15. Disclaimer of Warranty.
THERE IS NO WARRANTY FOR THE PROGRAM, TO THE EXTENT PERMITTED BY APPLICABLE
LAW. EXCEPT WHEN OTHERWISE STATED IN WRITING THE COPYRIGHT HOLDERS AND/OR
OTHER PARTIES PROVIDE THE PROGRAM “AS IS” WITHOUT WARRANTY OF ANY KIND,
EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE
ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PROGRAM IS WITH YOU.
SHOULD THE PROGRAM PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY
SERVICING, REPAIR OR CORRECTION.
16. Limitation of Liability.
IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING WILL
ANY COPYRIGHT HOLDER, OR ANY OTHER PARTY WHO MODIFIES AND/OR CONVEYS THE
PROGRAM AS PERMITTED ABOVE, BE LIABLE TO YOU FOR DAMAGES, INCLUDING ANY
GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE
USE OR INABILITY TO USE THE PROGRAM (INCLUDING BUT NOT LIMITED TO LOSS OF
DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY YOU OR THIRD
PARTIES OR A FAILURE OF THE PROGRAM TO OPERATE WITH ANY OTHER PROGRAMS),
EVEN IF SUCH HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES.
17. Interpretation of Sections 15 and 16.
If the disclaimer of warranty and limitation of liability provided above
cannot be given local legal effect according to their terms, reviewing
courts shall apply local law that most closely approximates an absolute
waiver of all civil liability in connection with the Program, unless a
warranty or assumption of liability accompanies a copy of the Program in
return for a fee.
END OF TERMS AND CONDITIONS
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