[License-review] For Legacy Approval: LBNL BSD

Fri Jun 7 12:17:09 UTC 2019

The following is the recommendation of the License Review Committee with
respect to the requested approval of the LBNL BSD License as an Open
Source Initiative Certified license, being submitted to the OSI Board
with a copy to the License Review list.

A motion will be brought to approve the license at the next Board
meeting, currently scheduled for June 14, 2019.

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

License: LBNL BSD License (Exhibit A)
Submitted: May 16, 2019 
http://lists.opensource.org/pipermail/license-review_lists.opensource.org/2019-May/004169.html
Decision due no later than the first Board meeting after July 15, 2019

License Review Committee Recommendation:

RESOLVED that the LBNL BSD be approved as an Open Source Initiative
Certified license in the “legacy” category of licenses.

Notes:
This is the same as the (approved) 3-clause BSD with an added paragraph.
We do not believe this additional provision changes the character of the
BSD license. The paragraph grants a default inbound license that, while
broader than the outbound grant, is consistent with software freedom. We
would not encourage others to copy this mechanism or to treat its
approval as precedential.

_Exhibit A_

Copyright (c) XXXX, The Regents of the University of California, through
Lawrence Berkeley National Laboratory (subject to receipt of any
required approvals from the U.S. Dept. of Energy). All rights reserved.

Redistribution and use in source and binary forms, with or without
modification, are permitted provided that the following conditions are met:

(1) Redistributions of source code must retain the above copyright
notice, this list of conditions and the following disclaimer.

(2) Redistributions in binary form must reproduce the above copyright
notice, this list of conditions and the following disclaimer in the
documentation and/or other materials provided with the distribution.

(3) Neither the name of the University of California, Lawrence Berkeley
National Laboratory, U.S. Dept. of Energy nor the names of its
contributors may be used to endorse or promote products derived from
this software without specific prior written permission.

THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS
IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED
TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT OWNER
OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO,
PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR
PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF
LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING
NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS
SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

You are under no obligation whatsoever to provide any bug fixes,
patches, or upgrades to the features, functionality or performance of
the source code ("Enhancements") to anyone; however, if you choose to
make your Enhancements available either publicly, or directly to
Lawrence Berkeley National Laboratory, without imposing a separate
written license agreement for such Enhancements, then you hereby grant
the following license: a non-exclusive, royalty-free perpetual license
to install, use, modify, prepare derivative works, incorporate into
other computer software, distribute, and sublicense such Enhancements or
derivative works thereof, in binary and source code form.

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

Best regards,

Pamela Chestek
Chair, License Review Committee
Open Source Initiative

On 5/16/2019 4:33 PM, Sebastian Ainslie wrote:
> The license:
>
> Copyright (c) XXXX, The Regents of the University of California, through
> Lawrence Berkeley National Laboratory (subject to receipt of any required
> approvals from the U.S. Dept. of Energy). All rights reserved.
> Redistribution and use in source and binary forms, with or without
> modification, are permitted provided that the following conditions are met:
>
> (1) Redistributions of source code must retain the above copyright notice,
> this list of conditions and the following disclaimer.
>
> (2) Redistributions in binary form must reproduce the above copyright
> notice, this list of conditions and the following disclaimer in the
> documentation and/or other materials provided with the distribution.
>
> (3) Neither the name of the University of California, Lawrence Berkeley
> National Laboratory, U.S. Dept. of Energy nor the names of its contributors
> may be used to endorse or promote products derived from this software
> without specific prior written permission.
>
> THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS"
> AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE
> IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE
> ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT OWNER OR CONTRIBUTORS BE
> LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR
> CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF
> SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS
> INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN
> CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE)
> ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE
> POSSIBILITY OF SUCH DAMAGE.
>
> You are under no obligation whatsoever to provide any bug fixes, patches, or
> upgrades to the features, functionality or performance of the source code
> ("Enhancements") to anyone; however, if you choose to make your Enhancements
> available either publicly, or directly to Lawrence Berkeley National
> Laboratory, without imposing a separate written license agreement for such
> Enhancements, then you hereby grant the following license: a non-exclusive,
> royalty-free perpetual license to install, use, modify, prepare derivative
> works, incorporate into other computer software, distribute, and sublicense
> such Enhancements or derivative works thereof, in binary and source code
> form.
> ---------------------------
> The rationale:
>
> The LBNL BSD has been in use since 2003. It has an ADDED paragraph at the
> end that makes it easier to accept improvements without a specific grant
> required.
> ---------------------------
> Early examples:
>
> https://spdx.org/licenses/BSD-3-Clause-LBNL.html
> https://fedoraproject.org/wiki/Licensing:LBNLBSD
> ---------------------------
> Proliferation category:
>
> Special purpose - US Federal National Lab
> ---------------------------
>
> Kind regards
>
> Sebastian Ainslie
>
> Principal Commercialization & Licensing Lead Intellectual Property Office
> Lawrence Berkeley National Laboratory
> www:   ipo.lbl.gov
> e mail:  sainslie at lbl.gov
>
>
>
>
>
>
>
>
>
>
>
> _______________________________________________
> License-review mailing list
> License-review at lists.opensource.org
> http://lists.opensource.org/mailman/listinfo/license-review_lists.opensource.org

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