[License-review] Approval submission for the Qlovatech License Revision 1
email at quentinquaadgras.com
Fri Feb 12 10:09:08 UTC 2021
Thank you for taking the time to make a detailed commentary on my submission.
I've revised the License and included it below in order to substantially clarify it and address compliance concerns.
McCoy indicated that the 'enforcement' clause could be problematic but as Eric pointed out, enforcement can be
difficult and expensive, so I wish to maintain this clause so that 'community' enforcement is possible.
As I understand it, the GNU Project asks contributors to assign their copyright to them so that they are more equipped to
enforce their license terms but I am not sure if this is because of possible standing issues in court.
Are there any lawyers here who know if the 'enforcement' clause has any effect?
[Trademark]™ Copyright [Year] [Copyright Holder]
Everyone has the universal right to modify, use, copy and/or distribute this software
for any purpose subject to the following conditions:
1. You must provide, on Request, clearly attached to your copy and/or easily discoverable
by any interested party, the reasonable means for anyone 'receiving', 'interacting with',
or 'observing the public display, performance or otherwise availability of' your copies of
this software, to acquire the Corresponding Source of these copies (including any modifications
you made) under the terms of this license.
"Request" means any appropriate and/or standard method to ask, request, or otherwise
query you for the Available Source of any relevant product, service, distribution,
display and/or performance.
"Available Source" means any formal, legal or colloquially understood term to describe
Corresponding Source including but not limited to the terms 'open source',
'free software' and 'source available'.
"Corresponding Source" means the preferred form of making changes to this software
and includes this license, any disclaimers, copyright notices and readme instructions.
However, the Corresponding Source need not include any separable larger work that this
software is embedded in (and not dependent on), nor any generally available open source
software, nor any compiler and/or platform-specific software that only serves to implement a
low-level general interface so that this software can be ported, run and/or distributed on a
particular distribution platform, product, software interpreter, or operating system.
You may not attempt to circumvent this condition in any way, including but not limited to:
(a) obfuscation and/or omission (any additional subdirectories or files you add
to the Corresponding Source is as a modification of this software and
must be included as such).
(b) copyright infringement (if you extract any file or subdirectory from this software
and you embed it inside of a larger work modified in such a way that this software
now depends on the larger work and cannot be meaningfully separated from it without
modification, then the Corresponding Source of this software must also include the
Corresponding Source of the larger work under the terms of this license).
2. You may not restrict in any way, any rights that this license grants. You agree:
(a) not to sue, litigate against or otherwise seek damages in order to prevent or
punish anyone for exercising their rights to this software (including to any
modifications you have made).
(b) to indemnify any other copyright holders and users of this software against
any litigation of trademark, copyright or patent infringement directly due
to any modifications you have made to this software.
3. You may not modify this license except to add (and/or remove but only if you are the
rightful copyright holder) valid Trademark Notices to the list at the top of this license.
"Trademark Notices" means a copyright notice in this license preceded by zero or more
comma-separated trademarks and is only valid when:
(a) each trademark is followed by a unicode trademark symbol, '(TM)', '(R)' or is
otherwise an appropriate legal representation for a trademark.
(c) each trademark is unique inside this license, it does not appear in any other
copyright holder's Trademark Notices.
(d) each trademark is clearly distinguishable (by a reasonable person) from any
other trademarks listed by any of the other copyright holders.
(e) the trademark was added in good faith and represents a genuine mark that is being
used by the copyright holder for a product, project, software and/or service.
(f) each trademark was added by the copyright holder specified in the copyright notice.
If you do not add any Trademark Notices or remove your Trademark Notices from this license
then you agree that this software may be relicensed at any time under the terms of a license
approved by the Open Source Initiative (https://opensource.org/) and with the written agreement
between each listed copyright holder in this license (if there are no copyright holders listed
in this license, no written agreement is required for this relicensing).
4. You may not use the names of any copyright holders or any of their listed trademarks in this license
to title, endorse or promote, any products, projects and/or services derived from this software
unless you have prior written consent from (or you are) the copyright holder who added the relevant
trademark to this license.
However, this condition cannot prevent you from:
(a) using any standard dictionary words to promote your products, projects and/or services
as long as these words are used sensibly for their natural meanings in the language
and do not function as a trademark or are referring to a trademark listed in this license.
(b) using the names of copyright holders and/or any trademarks listed in this license
to make factual statements in a non-promotional setting such as: credits, about
sections, documentation, blog posts, reports, interviews etc. For example:
'[product] was derived/built from/with [this software] developed by [copyright holder]'
(c) "Making Contributions", which means that you can publicly display, distribute and modify the
Corresponding Source of this software without changing the title as long as it is clear
to the public who owns this copy and you otherwise comply with section 4.
In the event of a breach of this license, any single (or party of) copyright holder(s) of this software
can (on behalf of all copyright holders) and only to ensure the integrity, precedent and compliance
of this license, contact, sue, litigate against or otherwise seek and collect damages from you.
If any part of this license is declared unenforceable or invalid, the remainder will continue to be
valid and enforceable.
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 ANY COPYRIGHT HOLDER 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.
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