[License-review] Anti-IP License

Alex Williams implementnap at gmail.com
Mon Oct 12 00:13:18 UTC 2020


 Submission Type: Approval
License Steward: Freedom R&D Inc

Rationale:
Existing open-source licenses either create obligations that would not
exist without IP laws or they do not grant all rights that could
enforceably be granted. If the Anti-IP license becomes widely used, then a
community will be effectively established where everyone in the community
will trust that they will not be sued by others in the community for IP
infringement. This license aspires to be future-proof and enforceable
worldwide.

Distinguish:
Permissive licenses all derivative works to be created which are later used
in IP infringement lawsuits. The Anti-IP license prevents that.

Most copyleft licenses create artificial obligations such as making
derivative works public. The Anti-IP license aspires to bring the world to
a state of no IP protection as much as possible (in a manner that is
enforceable in existing legal regime).

Legal Review:
I've had limited feedback so far. One lawyer feels that this license would
be unconscionable to courts. However, this license goes out of its way to
not impose any granting of rights that someone does not explicitly consent
to.

 Proliferation category: Other/Miscellaneous licenses aspiring to be "
popular and widely used or with strong communities"

The most recent draft version is maintained at
https://github.com/AlexanderSWilliams/Anti-IP-License

Copy of current draft version:

Anti-IP License

*Purpose*

The community of people that choose to license their rights under this
license should expect that no one in the community will sue them for
intellectual property infringement and that any such lawsuit will be
dismissed.

*Definitions*

"IP" refers broadly to all rights in the scope of intellectual property
that are and will be recognized by the World Intellectual Property
Organization and all courts of law that recognize intellectual property.
These rights include but are not limited to copyright, patent,
anti-circumvention, design rights, trademarks, trade secrets, trade dress,
moral rights, related rights, database rights, data rights, publicity
rights, privacy rights, fair competition rights, all other rights resulting
from intellectual activity in the industrial, scientific, literary or
artistic fields, and all rights with similar intent that exist now or in
the future.

"Licensable IP" means all IP the owners of the included work can or will be
able to license that would otherwise infringe that owner's IP rights. This
includes all IP related and unrelated to the included work.

“Restricted work” refers to any derivative work of any Licensable IP that
would otherwise infringe on an owner's IP rights.

"Public Restricted work" is any "Restricted work" that was publicly
distributed, communicated, performed, displayed, transmitted, or made
available.

*Acceptance*

In order to receive this license, you must agree to its rules. The rules of
this license are both obligations under that agreement and conditions to
your license. You must not do anything with the licensed IP that triggers a
rule that you cannot or will not follow.

*Grant*

Each owner grants you a non-exclusive, royalty-free license to do
everything with all their Licensable IP without restriction except for the
requirements specified by this document.

*Copyleft*

Restricted works may only be licensed under this document. Restricted works
may only be assigned to someone that has publicly licensed IP under this
document.

*Public Restricted work*

If you own a Public Restricted work, you must either assign the work to
someone that has publicly licensed IP under this document or grant everyone
rights to the work under this document.

*Notice*

You must ensure that everyone who gets a copy of any part of IP granted
under this document from you, with or without changes, also gets the text
of this document or a link to TBD.

*Excuse*

If anyone notifies you in writing that you have not complied with the
requirements and restrictions specified by this document, you can keep your
license by complying within 30 days after the notice. If you do not do so,
your license terminates immediately.

*No Fraud*

No Licensable IP or Restricted work may be used to commit fraud. If you are
found guilty of committing fraud using any of the Licensable IP or a
Restricted work in a court of law, then your license ends immediately.

*Reliability*

This license may not be revoked or canceled.

*Disclaimer*

All IP granted under this license is "as-is". You bear the risk of using
it. To the extent permitted by law, the owners disclaim all
representations, warranties, guarantees, responsibilities, liabilities, and
obligations that otherwise would or will exist.

Sincerely,
Alex Williams
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