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

[Richard Fontana]

For those who didn't receive a copy of Eliot Horowitz's revised
version of SSPL, it is archived here:
http://lists.opensource.org/pipermail/license-review_lists.opensource.org/2018-November/003836.html
and I will paste it here for convenience:

Eliot Horowitz eliot at mongodb.com
Wed Nov 21 22:37:01 UTC 2018

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
0. Definitions.
“This License” refers to the Server Side Public License.
“Copyright” also means copyright-like laws that apply to other kinds of
works, such as semiconductor masks.
“The Program” refers to any copyrightable work licensed under this License.
Each licensee is addressed as “you”. “Licensees” and “recipients” may be
individuals or organizations.
To “modify” a work means to copy from or adapt all or part of the work in a
fashion requiring copyright permission, other than the making of an exact
copy. The resulting work is called a “modified version” of the earlier work
or a work “based on” the earlier work.
A “covered work” means either the unmodified Program or a work based on the
Program.
To “propagate” a work means to do anything with it that, without
permission, would make you directly or secondarily liable for infringement
under applicable copyright law, except executing it on a computer or
modifying a private copy. Propagation includes copying, distribution (with
or without modification), making available to the public, and in some
countries other activities as well.
To “convey” a work means any kind of propagation that enables other parties
to make or receive copies. Mere interaction with a user through a computer
network, with no transfer of a copy, is not conveying.
An interactive user interface displays “Appropriate Legal Notices” to the
extent that it includes a convenient and prominently visible feature that
(1) displays an appropriate copyright notice, and (2) tells the user that
there is no warranty for the work (except to the extent that warranties are
provided), that licensees may convey the work under this License, and how
to view a copy of this License. If the interface presents a list of user
commands or options, such as a menu, a prominent item in the list meets
this criterion.
1. Source Code.
The “source code” for a work means the preferred form of the work for
making modifications to it. “Object code” means any non-source form of a
work.
A “Standard Interface” means an interface that either is an official
standard defined by a recognized standards body, or, in the case of
interfaces specified for a particular programming language, one that is
widely used among developers working in that language.
The “System Libraries” of an executable work include anything, other than
the work as a whole, that (a) is included in the normal form of packaging a
Major Component, but which is not part of that Major Component, and (b)
serves only to enable use of the work with that Major Component, or to
implement a Standard Interface for which an implementation is available to
the public in source code form. A “Major Component”, in this context, means
a major essential component (kernel, window system, and so on) of the
specific operating system (if any) on which the executable work runs, or a
compiler used to produce the work, or an object code interpreter used to
run it.
The “Corresponding Source” for a work in object code form means all the
source code needed to generate, install, and (for an executable work) run
the object code and to modify the work, including scripts to control those
activities. However, it does not include the work's System Libraries, or
general-purpose tools or generally available free programs which are used
unmodified in performing those activities but which are not part of the
work. For example, Corresponding Source includes interface definition files
associated with source files for the work, and the source code for shared
libraries and dynamically linked subprograms that the work is specifically
designed to require, such as by intimate data communication or control flow
between those subprograms and other parts of the work.
The Corresponding Source need not include anything that users can
regenerate automatically from other parts of the Corresponding Source.
The Corresponding Source for a work in source code form is that same work.
2. Basic Permissions.
All rights granted under this License are granted for the term of copyright
on the Program, and are irrevocable provided the stated conditions are met.
This License explicitly affirms your unlimited permission to run the
unmodified Program, subject to section 13. The output from running a
covered work is covered by this License only if the output, given its
content, constitutes a covered work. This License acknowledges your rights
of fair use or other equivalent, as provided by copyright law.
Subject to section 13, you may make, run and propagate covered works that
you do not convey, without conditions so long as your license otherwise
remains in force. You may convey covered works to others for the sole
purpose of having them make modifications exclusively for you, or provide
you with facilities for running those works, provided that you comply with
the terms of this License in conveying all material for which you do not
control copyright. Those thus making or running the covered works for you
must do so exclusively on your behalf, under your direction and control, on
terms that prohibit them from making any copies of your copyrighted
material outside their relationship with you.
Conveying under any other circumstances is permitted solely under the
conditions stated below. Sublicensing is not allowed; section 10 makes it
unnecessary.
3. Protecting Users' Legal Rights From Anti-Circumvention Law.
No covered work shall be deemed part of an effective technological measure
under any applicable law fulfilling obligations under article 11 of the
WIPO copyright treaty adopted on 20 December 1996, or similar laws
prohibiting or restricting circumvention of such measures.
When you convey a covered work, you waive any legal power to forbid
circumvention of technological measures to the extent such circumvention is
effected by exercising rights under this License with respect to the
covered work, and you disclaim any intention to limit operation or
modification of the work as a means of enforcing, against the work's users,
your or third parties' legal rights to forbid circumvention of
technological measures.
4. Conveying Verbatim Copies.
You may convey verbatim copies of the Program's source code as you receive
it, in any medium, provided that you conspicuously and appropriately
publish on each copy an appropriate copyright notice; keep intact all
notices stating that this License and any non-permissive terms added in
accord with section 7 apply to the code; keep intact all notices of the
absence of any warranty; and give all recipients a copy of this License
along with the Program.
You may charge any price or no price for each copy that you convey, and you
may offer support or warranty protection for a fee.
5. Conveying Modified Source Versions.
You may convey a work based on the Program, or the modifications to produce
it from the Program, in the form of source code under the terms of section
4, provided that you also meet all of these conditions:
a) The work must carry prominent notices stating that you modified it, and
giving a relevant date.
b) The work must carry prominent notices stating that it is released under
this License and any conditions added under section 7. This requirement
modifies the requirement in section 4 to “keep intact all notices”.
c) You must license the entire work, as a whole, under this License to
anyone who comes into possession of a copy. This License will therefore
apply, along with any applicable section 7 additional terms, to the whole
of the work, and all its parts, regardless of how they are packaged. This
License gives no permission to license the work in any other way, but it
does not invalidate such permission if you have separately received it.
d) If the work has interactive user interfaces, each must display
Appropriate Legal Notices; however, if the Program has interactive
interfaces that do not display Appropriate Legal Notices, your work need
not make them do so.
A compilation of a covered work with other separate and independent works,
which are not by their nature extensions of the covered work, and which are
not combined with it such as to form a larger program, in or on a volume of
a storage or distribution medium, is called an “aggregate” if the
compilation and its resulting copyright are not used to limit the access or
legal rights of the compilation's users beyond what the individual works
permit. Without limiting section 13, inclusion of a covered work in an
aggregate does not cause this License to apply to the other parts of the
aggregate.
6. Conveying Non-Source Forms.
You may convey a covered work in object code form under the terms of
sections 4 and 5, provided that you also convey the machine-readable
Corresponding Source under the terms of this License, in one of these ways:
a) Convey the object code in, or embodied in, a physical product (including
a physical distribution medium), accompanied by the Corresponding Source
fixed on a durable physical medium customarily used for software
interchange.
b) Convey the object code in, or embodied in, a physical product (including
a physical distribution medium), accompanied by a written offer, valid for
at least three years and valid for as long as you offer spare parts or
customer support for that product model, to give anyone who possesses the
object code either (1) a copy of the Corresponding Source for all the
software in the product that is covered by this License, on a durable
physical medium customarily used for software interchange, for a price no
more than your reasonable cost of physically performing this conveying of
source, or (2) access to copy the Corresponding Source from a network
server at no charge.
c) Convey individual copies of the object code with a copy of the written
offer to provide the Corresponding Source. This alternative is allowed only
occasionally and noncommercially, and only if you received the object code
with such an offer, in accord with subsection 6b.
d) Convey the object code by offering access from a designated place
(gratis or for a charge), and offer equivalent access to the Corresponding
Source in the same way through the same place at no further charge. You
need not require recipients to copy the Corresponding Source along with the
object code. If the place to copy the object code is a network server, the
Corresponding Source may be on a different server (operated by you or a
third party) that supports equivalent copying facilities, provided you
maintain clear directions next to the object code saying where to find the
Corresponding Source. Regardless of what server hosts the Corresponding
Source, you remain obligated to ensure that it is available for as long as
needed to satisfy these requirements.
e) Convey the object code using peer-to-peer transmission, provided you
inform other peers where the object code and Corresponding Source of the
work are being offered to the general public at no charge under subsection
6d.
A separable portion of the object code, whose source code is excluded from
the Corresponding Source as a System Library, need not be included in
conveying the object code work.
A “User Product” is either (1) a “consumer product”, which means any
tangible personal property which is normally used for personal, family, or
household purposes, or (2) anything designed or sold for incorporation into
a dwelling. In determining whether a product is a consumer product,
doubtful cases shall be resolved in favor of coverage. For a particular
product received by a particular user, “normally used” refers to a typical
or common use of that class of product, regardless of the status of the
particular user or of the way in which the particular user actually uses,
or expects or is expected to use, the product. A product is a consumer
product regardless of whether the product has substantial commercial,
industrial or non-consumer uses, unless such uses represent the only
significant mode of use of the product.
“Installation Information” for a User Product means any methods,
procedures, authorization keys, or other information required to install
and execute modified versions of a covered work in that User Product from a
modified version of its Corresponding Source. The information must suffice
to ensure that the continued functioning of the modified object code is in
no case prevented or interfered with solely because modification has been
made.
If you convey an object code work under this section in, or with, or
specifically for use in, a User Product, and the conveying occurs as part
of a transaction in which the right of possession and use of the User
Product is transferred to the recipient in perpetuity or for a fixed term
(regardless of how the transaction is characterized), the Corresponding
Source conveyed under this section must be accompanied by the Installation
Information. But this requirement does not apply if neither you nor any
third party retains the ability to install modified object code on the User
Product (for example, the work has been installed in ROM).
The requirement to provide Installation Information does not include a
requirement to continue to provide support service, warranty, or updates
for a work that has been modified or installed by the recipient, or for the
User Product in which it has been modified or installed. Access to a
network may be denied when the modification itself materially and adversely
affects the operation of the network or violates the rules and protocols
for communication across the network.
Corresponding Source conveyed, and Installation Information provided, in
accord with this section must be in a format that is publicly documented
(and with an implementation available to the public in source code form),
and must require no special password or key for unpacking, reading or
copying.
7. Additional Terms.
“Additional permissions” are terms that supplement the terms of this
License by making exceptions from one or more of its conditions. Additional
permissions that are applicable to the entire Program shall be treated as
though they were included in this License, to the extent that they are
valid under applicable law. If additional permissions apply only to part of
the Program, that part may be used separately under those permissions, but
the entire Program remains governed by this License without regard to the
additional permissions.
When you convey a copy of a covered work, you may at your option remove any
additional permissions from that copy, or from any part of it. (Additional
permissions may be written to require their own removal in certain cases
when you modify the work.) You may place additional permissions on
material, added by you to a covered work, for which you have or can give
appropriate copyright permission.
Notwithstanding any other provision of this License, for material you add
to a covered work, you may (if authorized by the copyright holders of that
material) supplement the terms of this License with terms:
a) Disclaiming warranty or limiting liability differently from the terms of
sections 15 and 16 of this License; or
b) Requiring preservation of specified reasonable legal notices or author
attributions in that material or in the Appropriate Legal Notices displayed
by works containing it; or
c) Prohibiting misrepresentation of the origin of that material, or
requiring that modified versions of such material be marked in reasonable
ways as different from the original version; or
d) Limiting the use for publicity purposes of names of licensors or authors
of the material; or
e) Declining to grant rights under trademark law for use of some trade
names, trademarks, or service marks; or
f) Requiring indemnification of licensors and authors of that material by
anyone who conveys the material (or modified versions of it) with
contractual assumptions of liability to the recipient, for any liability
that these contractual assumptions directly impose on those licensors and
authors.
All other non-permissive additional terms are considered “further
restrictions” within the meaning of section 10. If the Program as you
received it, or any part of it, contains a notice stating that it is
governed by this License along with a term that is a further restriction,
you may remove that term. If a license document contains a further
restriction but permits relicensing or conveying under this License, you
may add to a covered work material governed by the terms of that license
document, provided that the further restriction does not survive such
relicensing or conveying.
If you add terms to a covered work in accord with this section, you must
place, in the relevant source files, a statement of the additional terms
that apply to those files, or a notice indicating where to find the
applicable terms.
Additional terms, permissive or non-permissive, may be stated in the form
of a separately written license, or stated as exceptions; the above
requirements apply either way.
8. Termination.
You may not propagate or modify or otherwise use a covered work except as
expressly provided under this License. Any attempt otherwise to propagate
or modify or otherwise use it is void, and will automatically terminate
your rights under this License (including any patent licenses granted under
the third paragraph of section 11).
However, if you cease all violation of this License, then your license from
a particular copyright holder is reinstated (a) provisionally, unless and
until the copyright holder explicitly and finally terminates your license,
and (b) permanently, if the copyright holder fails to notify you of the
violation by some reasonable means prior to 60 days after the cessation.
Moreover, your license from a particular copyright holder is reinstated
permanently if the copyright holder notifies you of the violation by some
reasonable means, this is the first time you have received notice of
violation of this License (for any work) from that copyright holder, and
you cure the violation prior to 30 days after your receipt of the notice.
Termination of your rights under this section does not terminate the
licenses of parties who have received copies or rights from you under this
License. If your rights have been terminated and not permanently
reinstated, you do not qualify to receive new licenses for the same
material under section 10.
9. Acceptance Not Required for Having Copies.
You are not required to accept this License in order to receive or run a
single copy of the Program. Ancillary propagation of a covered work
occurring solely as a consequence of using peer-to-peer transmission to
receive a copy likewise does not require acceptance. However, nothing other
than this License grants you permission to use, propagate or modify any
covered work. These actions infringe copyright if you do not accept this
License. Therefore, by using, modifying or propagating a covered work, you
indicate your acceptance of this License to do so.
10. Automatic Licensing of Downstream Recipients.
Each time you convey a covered work, the recipient automatically receives a
license from the original licensors, to run, modify and propagate that
work, subject to this License. You are not responsible for enforcing
compliance by third parties with this License.
An “entity transaction” is a transaction transferring control of an
organization, or substantially all assets of one, or subdividing an
organization, or merging organizations. If propagation of a covered work
results from an entity transaction, each party to that transaction who
receives a copy of the work also receives whatever licenses to the work the
party's predecessor in interest had or could give under the previous
paragraph, plus a right to possession of the Corresponding Source of the
work from the predecessor in interest, if the predecessor has it or can get
it with reasonable efforts.
You may not impose any further restrictions on the exercise of the rights
granted or affirmed under this License. For example, you may not impose a
license fee, royalty, or other charge for exercise of rights granted under
this License, and you may not initiate litigation (including a cross-claim
or counterclaim in a lawsuit) alleging that any patent claim is infringed
by making, using, selling, offering for sale, or importing the Program or
any portion of it.
11. Patents.
A “contributor” is a copyright holder who authorizes use under this License
of the Program or a work on which the Program is based. The work thus
licensed is called the contributor's “contributor version”.
A contributor's “essential patent claims” are all patent claims owned or
controlled by the contributor, whether already acquired or hereafter
acquired, that would be infringed by some manner, permitted by this
License, of making, using, or selling its contributor version, but do not
include claims that would be infringed only as a consequence of further
modification of the contributor version. For purposes of this definition,
“control” includes the right to grant patent sublicenses in a manner
consistent with the requirements of this License.
Each contributor grants you a non-exclusive, worldwide, royalty-free patent
license under the contributor's essential patent claims, to make, use,
sell, offer for sale, import and otherwise run, modify and propagate the
contents of its contributor version.
In the following three paragraphs, a “patent license” is any express
agreement or commitment, however denominated, not to enforce a patent (such
as an express permission to practice a patent or covenant not to sue for
patent infringement). To “grant” such a patent license to a party means to
make such an agreement or commitment not to enforce a patent against the
party.
If you convey a covered work, knowingly relying on a patent license, and
the Corresponding Source of the work is not available for anyone to copy,
free of charge and under the terms of this License, through a publicly
available network server or other readily accessible means, then you must
either (1) cause the Corresponding Source to be so available, or (2)
arrange to deprive yourself of the benefit of the patent license for this
particular work, or (3) arrange, in a manner consistent with the
requirements of this License, to extend the patent license to downstream
recipients. “Knowingly relying” means you have actual knowledge that, but
for the patent license, your conveying the covered work in a country, or
your recipient's use of the covered work in a country, would infringe one
or more identifiable patents in that country that you have reason to
believe are valid.
If, pursuant to or in connection with a single transaction or arrangement,
you convey, or propagate by procuring conveyance of, a covered work, and
grant a patent license to some of the parties receiving the covered work
authorizing them to use, propagate, modify or convey a specific copy of the
covered work, then the patent license you grant is automatically extended
to all recipients of the covered work and works based on it.
A patent license is “discriminatory” if it does not include within the
scope of its coverage, prohibits the exercise of, or is conditioned on the
non-exercise of one or more of the rights that are specifically granted
under this License. You may not convey a covered work if you are a party to
an arrangement with a third party that is in the business of distributing
software, under which you make payment to the third party based on the
extent of your activity of conveying the work, and under which the third
party grants, to any of the parties who would receive the covered work from
you, a discriminatory patent license (a) in connection with copies of the
covered work conveyed by you (or copies made from those copies), or (b)
primarily for and in connection with specific products or compilations that
contain the covered work, unless you entered into that arrangement, or that
patent license was granted, prior to 28 March 2007.
Nothing in this License shall be construed as excluding or limiting any
implied license or other defenses to infringement that may otherwise be
available to you under applicable patent law.
12. No Surrender of Others' Freedom.
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,
propagate or convey a covered work so as to satisfy simultaneously your
obligations under this License and any other pertinent obligations, then as
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