[License-review] For Approval: GPL-3+-with-whonix-additional-terms - GPLv3 with improved, legal protections as per GNU GPL version 3 section 7
brendan.m.hickey at gmail.com
Sat Mar 16 15:09:00 UTC 2019
I like the idea, putting aside questions of legal review. Have you run this
by the FSF? I can't speak to their appetite for revising the GPL, but
improvements to indemnification language might be of interest to them.
On Fri, Mar 15, 2019, 15:50 Patrick Schleizer <adrelanos at riseup.net> wrote:
> # Name
> # Rationale
> The GPL exclusion of warranties clause may not include infringement
> claims. Other Libre Software licenses do include this. 
> Many projects do add additional permissions or terms to the GPL. 
> This is possible as per GNU GPL version 3 section 7.
> The text of the GPLv3 remains completely unmodified. A pure use of GNU
> GPL version 3 section 7.
> Includes improved legal protections:
> - improved disclaimer of warranty,
> - improved limitation of warranty,
> - indemnification: "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." 
> - improved trademark/attribution/misrepresentation protection.
> # Distinguish
> doom3 / Return to Castle Wolfenstein by id Software and micropolis by
> Electronic Arts use a very similar license, but these contain text
> specific to those companies and software. Therefore unsuitable for reuse
> by third parties. GPL-3+-with-whonix-additional-terms has the intent
> to be reusable by third parties in their projects since it does not
> contain language specific to Whonix. 
> GPL-3+-with-whonix-additional-terms minimal changes to it:
> * Change "The Doom 3 BFG Edition GPL Source Code" wording to the more
> common "this program" which is used throughout the GPL.
> * Added a "trump clause]" , in other words, any conflicts or disputes
> between the additional terms and the GPLv3 shall be resolved in favor of
> the GPLv3 by adding "Notwithstanding any other provision of this
> License" (as mentioned in GPL FAQ ) at the beginning of the
> additional terms.
> * License: "GPL-3+-with-whonix-additional-terms"
> # Legal review
> It is probably reasonable to assume that id Software and Electronic Arts
> had their license checked by their lawyers but there is no public
> information available on this.
> micropolis which uses a very similar language is available in Debian
> main , this was discussed and no complaints raised related to DFSG
> (The Debian Free Software Guidelines).   But I am not aware who's
> the lawyer.
> No legal review.
> # Proliferation category
> Other/Miscellaneous licenses
> # Footnotes
>  Quote from GPLv3
>  The name of the license includes "whonix" but that could be changed
> if offending.
>  https://www.fsf.org/news/canonical-updated-licensing-terms
>  https://www.gnu.org/licenses/gpl-faq.html#v3Notwithstanding
>  https://packages.debian.org/buster/micropolis
>  https://lists.debian.org/debian-legal/2014/10/msg00002.html
>  https://lists.debian.org/debian-legal/2014/10/msg00003.html
> # Appendix: The license text
> License: GPL-3+-with-whonix-additional-terms
> This program is free software: you can redistribute it and/or modify
> it under the terms of the GNU General Public License as published by
> the Free Software Foundation, either version 3 of the License, or
> (at your option) any later version.
> This program is distributed in the hope that it will be useful,
> but WITHOUT ANY WARRANTY; without even the implied warranty of
> MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. See the
> GNU General Public License for more details.
> You should have received a copy of the GNU General Public License
> along with this program. If not, see <https://www.gnu.org/licenses/>.
> On Debian systems, the full text of the GNU General Public
> License version 3 can be found in the file
> ADDITIONAL TERMS APPLICABLE per GNU GPL version 3 section 7
> Notwithstanding any other provision of this License,
> in addition, the this program is also subject to certain additional terms.
> 1. Replacement of Section 15. Section 15 of the GPL shall be deleted
> in its
> entirety and replaced with the following:
> 15. Disclaimer of Warranty.
> THE PROGRAM IS PROVIDED WITHOUT ANY WARRANTIES, WHETHER EXPRESSED OR
> INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF FITNESS FOR A
> PURPOSE, NON-INFRINGEMENT, TITLE AND MERCHANTABILITY. THE PROGRAM IS
> DELIVERED OR MADE AVAILABLE 'AS IS', 'WITH ALL FAULTS' AND WITHOUT
> WARRANTY OR
> REPRESENTATION. 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.
> 2. Replacement of Section 16. Section 16 of the GPL shall be deleted
> in its
> entirety and replaced with the following:
> 16. LIMITATION OF LIABILITY.
> UNDER NO CIRCUMSTANCES SHALL ANY COPYRIGHT HOLDER OR ITS AFFILIATES, OR
> OTHER PARTY WHO MODIFIES AND/OR CONVEYS THE PROGRAM AS PERMITTED ABOVE, BE
> LIABLE TO YOU, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, FOR
> DAMAGES OR OTHER LIABILITY, INCLUDING ANY GENERAL, DIRECT, INDIRECT,
> INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING FROM, OUT OF OR IN
> CONNECTION WITH THE USE OR INABILITY TO USE THE PROGRAM OR OTHER
> DEALINGS WITH
> THE PROGRAM(INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR DATA BEING
> INACCURATE OR LOSSES SUSTAINED BY YOU OR THIRD PARTIES OR A FAILURE OF THE
> PROGRAM TO OPERATE WITH ANY OTHER PROGRAMS), WHETHER OR NOT ANY
> COPYRIGHT HOLDER
> OR SUCH OTHER PARTY RECEIVES NOTICE OF ANY SUCH DAMAGES AND WHETHER OR
> NOT SUCH
> DAMAGES COULD HAVE BEEN FORESEEN.
> 3. LEGAL NOTICES; NO TRADEMARK LICENSE; ORIGIN. You must reproduce
> all trademark, copyright and other proprietary and legal notices on any
> of the Program or any other required author attributions. This license
> does not
> grant you rights to use any copyright holder or any other party's name,
> logo, or
> trademarks. Neither the name of the copyright holder or its
> affiliates, or any
> other party who modifies and/or conveys the Program may be used to
> endorse or
> promote products derived from this software without specific prior written
> permission. The origin of the Program must not be misrepresented; you
> must not
> claim that you wrote the original Program. Altered source versions must
> plainly marked as such, and must not be misrepresented as being the
> 4. INDEMNIFICATION. IF YOU CONVEY A COVERED WORK AND AGREE WITH ANY
> OF THAT COVERED WORK THAT YOU WILL ASSUME ANY LIABILITY FOR THAT
> COVERED WORK,
> YOU HEREBY AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE OTHER
> LICENSORS AND
> AUTHORS OF THAT COVERED WORK FOR ANY DAMAGES, DEMANDS, CLAIMS, LOSSES,
> CAUSES OF
> ACTION, LAWSUITS, JUDGMENTS EXPENSES (INCLUDING WITHOUT LIMITATION
> ATTORNEYS' FEES AND EXPENSES) OR ANY OTHER LIABILITY ARISING FROM,
> RELATED TO OR
> IN CONNECTION WITH YOUR ASSUMPTIONS OF LIABILITY.
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