[License-review] For Legacy Approval: LBNL BSD

[Kevin P. Fleming]

The request is for "legacy" aprpoval, and if approved that will mean
that usage of the license is discouraged, right?

On Fri, May 17, 2019 at 6:36 AM Bruce Perens via License-review
<license-review at lists.opensource.org> wrote:
>
> I always appreciate your comments, John, but I'd like to hear from Sebastian this time. Is this important enough to have yet another license adding to the license proliferation problem?
>
>     Thanks
>
>     Bruce
>
> On Thu, May 16, 2019 at 7:12 PM John Cowan <cowan at ccil.org> wrote:
>>
>> Well, I suppose because of the default copyleft.  If you publish a derivative work and *don't* give it a specific license, it gets the LBNL BSD by default rather than the usual default, which is no-license.
>>
>> On Thu, May 16, 2019 at 7:11 PM Bruce Perens via License-review <license-review at lists.opensource.org> wrote:
>>>
>>> Why do they still need to use this rather than the plain BSD license?
>>>
>>> Thanks
>>>
>>> Bruce
>>>
>>>
>>> On Thu, May 16, 2019, 16:33 Sebastian Ainslie <sainslie at lbl.gov> 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
>>>>
>>>>
>>>>
>>>>
>>>>
>>>>
>>>>
>>>>
>>>>
>>>>
>>>>
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>
>
>
> --
> Bruce Perens - Partner, OSS.Capital.
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