[License-review] License-review Digest, Vol 79, Issue 6

Mon Jun 10 22:01:33 UTC 2019

Please note that this license was already included on the SPDX License List, and thus already has an SPDX identifier - https://spdx.org/licenses/BSD-3-Clause-LBNL.html <https://spdx.org/licenses/BSD-3-Clause-LBNL.html> so OSI can simply adopt that as per the usual alignment between SPDX and OSI :)

thanks!
Jilayne
SPDX legal co-lead

> On Jun 8, 2019, at 6:00 AM, license-review-request at lists.opensource.org wrote:
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> Today's Topics:
> 
>   1. Re: For Legacy Approval: LBNL BSD (Pamela Chestek)
> 
> 
> ----------------------------------------------------------------------
> 
> Message: 1
> Date: Fri, 7 Jun 2019 08:17:09 -0400
> From: Pamela Chestek <pamela.chestek at opensource.org>
> To: license-review at lists.opensource.org
> Subject: Re: [License-review] For Legacy Approval: LBNL BSD
> Message-ID: <ce7a95af-c8c0-f664-99df-b5e6d6770c09 at opensource.org>
> Content-Type: text/plain; charset="utf-8"
> 
> 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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> End of License-review Digest, Vol 79, Issue 6
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