[License-review] For Approval: Open Logistics License v1.3 (was v1.2)

[Andreas Nettsträter]

Dear all,

attached you'll find the updated version of our license.

As discussed earlier, we've adapted the license name; we have corrected the parentheses in the first sentence of article 4 and we've deleted a paragraph from article 4. In our view, paragraph 1 of article 4 already ensures the flow down of the licence and conditions, so that 4.4 is not necessarily needed. Therefore, we dropped it completely.

Regards
Andreas


Von: License-review <license-review-bounces at lists.opensource.org<mailto:license-review-bounces at lists.opensource.org>> Im Auftrag von Andreas Nettsträter
Gesendet: Freitag, 13. Januar 2023 14:28
An: License submissions for OSI review <license-review at lists.opensource.org<mailto:license-review at lists.opensource.org>>
Betreff: Re: [License-review] For Approval: Open Logistics License v1.2

Dear Carlo, all,

thanks for the advice. We already have some ideas to make it more understandable.

I'll share an updated version (including some other discussed topics) of the license within the next days.

Regards
Andreas

Von: License-review <license-review-bounces at lists.opensource.org<mailto:license-review-bounces at lists.opensource.org>> Im Auftrag von Carlo Piana
Gesendet: Samstag, 31. Dezember 2022 11:27
An: License submissions for OSI review <license-review at lists.opensource.org<mailto:license-review at lists.opensource.org>>
Betreff: Re: [License-review] For Approval: Open Logistics License v1.2

Andreas,

definitely not authoritative, but since I am the one who raised the subject, I feel an obligation to provide a potential solution.

I would not depart from the common practice of requesting that the recipients of distributed software be notified of the legal language in some form, by including the whole text of the license along the distribution, or by making reference to a canonical online resource, and by requesting an appropriate legal notice. There are plenty of examples out there, all remixing the same concepts and language. See e.g. the GNU *GPLv3.


All the best,

Carlo

________________________________
Da: "Andreas Nettsträter" <andreas.nettstraeter at openlogisticsfoundation.org<mailto:andreas.nettstraeter at openlogisticsfoundation.org>>
A: "License submissions for OSI review" <license-review at lists.opensource.org<mailto:license-review at lists.opensource.org>>
Inviato: Venerdì, 23 dicembre 2022 15:01:24
Oggetto: Re: [License-review] For Approval: Open Logistics License v1.2
Dear Pam, dear Carlo,


the last bulletpoint of Article 4 was meant to implement an obligation to flow down the obligations of the other bulletpoints of Article 4; if the provision requires modification to make this clear, we can make the respective amendments.


How could we formulate it in a better way?

Regards
Andreas


Von: License-review <license-review-bounces at lists.opensource.org<mailto:license-review-bounces at lists.opensource.org>> Im Auftrag von Pamela Chestek
Gesendet: Mittwoch, 14. Dezember 2022 18:05
An: license-review at lists.opensource.org<mailto:license-review at lists.opensource.org>
Betreff: Re: [License-review] For Approval: Open Logistics License v1.2


On 12/14/2022 4:24 AM, Carlo Piana wrote:
On 12/5/2022 2:45 PM, Carlo Piana wrote:

You must ensure that the recipients of the Subject Matter of the License or

Derivative Works are obligated to incorporate the provisions of this Section 4

into any license under which they distribute the Subject Matter of the License

or Derivative Works to any other recipients.



This provision requires the "You" to a legal effect. As a general remark, this is an open ended obligation and IMVHO a bad design decision, since the legal effect depends on many different circumstances outside the control of the "You", including intent, capacity, errors, lack of proper form etc. You can surely include perform an obligation as a condition of the grant, but including a legal effect is to me really really seeking for trouble.


Carlo, I'm not following what you're saying. Are you saying that the Licensor has some liability if the user doesn't actually incorporate the provisions of Section 4 into their downstream license?

Sorry Pam, I have written poorly

I meant "This provision requires the "You" to **achieve** a legal effect." The obligation requires that *the recipients** be "obligated".  Here it is more of a guarantee, something that you are liable for and not necessarily control, so the risk  is on you whatever it happens.

Thanks, that's very helpful.

Pam

Pamela S. Chestek
Chestek Legal
PO Box 2492
Raleigh, NC 27602
pamela at chesteklegal.com<mailto:pamela at chesteklegal.com>
(919) 800-8033
www.chesteklegal.com<https://deu01.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.chesteklegal.com%2F&data=05%7C01%7Candreas.nettstraeter%40openlogisticsfoundation.org%7C557638f3b6bb4821200b08daf56a2618%7Cb346d634acfb42c7bd44f1557ee89b1b%7C1%7C0%7C638092133503191856%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=Hnjr4Yeng9ad2B0bSZicC2uUbgrgRvn%2FWps0AKkwlIQ%3D&reserved=0>

_______________________________________________
The opinions expressed in this email are those of the sender and not necessarily those of the Open Source Initiative. Communication from the Open Source Initiative will be sent from an opensource.org email address.

License-review mailing list
License-review at lists.opensource.org<mailto:License-review at lists.opensource.org>
http://lists.opensource.org/mailman/listinfo/license-review_lists.opensource.org<https://deu01.safelinks.protection.outlook.com/?url=http%3A%2F%2Flists.opensource.org%2Fmailman%2Flistinfo%2Flicense-review_lists.opensource.org&data=05%7C01%7Candreas.nettstraeter%40openlogisticsfoundation.org%7C557638f3b6bb4821200b08daf56a2618%7Cb346d634acfb42c7bd44f1557ee89b1b%7C1%7C0%7C638092133503191856%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=xmRhW1gmPiEuIxaUtxMI0LS4THxYNTkwoiQuscRu%2FUY%3D&reserved=0>
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://lists.opensource.org/pipermail/license-review_lists.opensource.org/attachments/20230117/b93704d0/attachment-0001.html>
-------------- next part --------------
Open Logistics Foundation License
Version 1.3, [MONTH] 2023
https://www.openlogisticsfoundation.org/licenses/

TERMS AND CONDITIONS FOR USE, REPRODUCTION AND DISTRIBUTION

§1 Definitions

(1) "Subject Matter of the License" shall mean the works of software components
in Source or Object form as well as any other components protected under
copyright, design and/or patent law which are made available under this License. 

(2) "License" shall mean the terms and conditions for the use, reproduction and
distribution of the Subject Matter of the License in accordance with the
provisions of this document. 

(3) "Licensor(s)" shall mean the copyright holder(s) or the entity authorized by
law or contract by the copyright holder(s) to grant the License.

(4) "You" (or "Your") shall mean a natural or legal person exercising the
permissions granted by this License.

(5) "Source" form shall mean the preferred form for making modifications,
including but not limited to software source code, documentation source, and
configuration files.

(6) "Object" form shall mean any form resulting from mechanical transformation
or translation of a Source form, including but not limited to compiled object
code, generated documentation, and conversions to other media types.

(7) "Derivative Works" shall mean any work, whether in Source or Object form or
any other form, that is based on (or derived from) the Subject Matter of the
License and for which the editorial revisions, annotations, elaborations, or
other modifications represent, as a whole, an original work of authorship. For
the purposes of this License, Derivative Works shall not include works that
remain separable from, or merely link (or bind by name) to the interfaces of,
the Subject Matter of the License and Derivative Works thereof.

(8) "Contribution" shall mean any proprietary work, including the original
version of the Subject Matter of the License and any changes or additions to
such work, or Derivative Works of such work, that the rights holder, or a
natural or legal person authorized to make submissions, intentionally submits to
a Licensor to be incorporated into the Subject Matter of the License. For the
purposes of this definition, "submit" shall mean any form of electronic or
written communication which is sent to a Licensor or its representatives for the
purpose of discussing or improving the Subject Matter of the License, including
but not limited to communications sent via electronic mailing lists, source code
control systems and issue tracking systems; however, communications that are
clearly marked by the copyright holder as "not a contribution" or otherwise
identified as such in writing are excluded. 

(9) "Contributor" shall mean the Licensor(s) and/or any natural or legal person
on whose behalf the Licensor(s) receive(s) any Contribution subsequently
incorporated into the Subject Matter of the License.

§2 Grant of usage rights

Subject to the terms and conditions of this License and compliance with the
provisions of this License, You are hereby granted by each Contributor, insofar
as applicable to the respective Subject Matter of the License the

- royalty-free and non-exclusive,
- sub-licensable for commercial and non-commercial purposes,
- worldwide and perpetual,
- irrevocable and non-terminable

right to reproduce, prepare Derivative Works of, publicly display, publicly
perform, and distribute the Subject Matter of the License and such Derivative
Works in any form. This right of use includes but is not limited to the right

- to use the Subject Matter of the License in any hardware and software
  environment (with regard to the software and data components), in particular
  to store or load it permanently or temporarily, to display it and run it,
  including to the extent reproductions are necessary to that end,
- to otherwise modify, interpret, edit or redesign it, 
- to store, reproduce, exhibit, publish, distribute it in tangible or intangible
  form, on any medium or in any other way, for commercial and non-commercial
  purposes, in particular to communicate it privately or publicly, including via
  image, audio and other information carriers, irrespective of whether by wire
  or wireless means,
- to use it in databases, data networks and online services, including the right
  to make the software and data components of the Subject Matter of the License
  available in Source or Object form to users of the aforementioned databases,
  networks and online services for research and retrieval purposes,
- to allow third parties to use or operate it,
- to use it for own purposes but also to provide services to third parties,
- to distribute it

in its original or modified, interpreted, edited or redesigned form.

The foregoing right of use relates to the Subject Matter of the License, in
particular to its Source and Object form of software components (including
design rights, where applicable).

§3 Grant of patent license

Subject to the terms and conditions of this License and compliance with the
provisions of this License, You are hereby granted by each Contributor a 
- royalty-free and non-exclusive, 
- worldwide and perpetual, 
- irrevocable (with the exception of the restrictions set out in this Section 3) 

patent license in all rights deriving from the patents, owned and licensable by
the Contributor at the time of the submission of the Contribution, to 

- produce, 
- have produced, 
- use, 
- offer for sale, 
- sell, 
- import and otherwise transfer 

the Subject Matter of the License. 

However, said patent license shall cover only those rights deriving from the
patents of the respective Contributors which are indispensable in order not to
infringe that patent and only to the extent that the use of the Contributor’s
respective Contributions, whether alone or in combination with other
Contributions of the Contributors or any third parties together with the Subject
Matter of the License for which these Contributions were submitted, would
otherwise infringe that patent. The grant of license shall not include rights
deriving from the patents which may in future become necessary for their lawful
use due to subsequent modifications to the Subject Matter or Contributions made
by third parties after the original submission.

In the event that You institute patent litigation against any entity or person
(including a counterclaim or countersuit in a legal action), alleging that the
Subject Matter of the License or a Contribution incorporated or contained
therein constitutes patent infringement or indirect infringement, all patent
licenses which have been granted to You under this License for the Subject
Matter of the License as well as this License itself shall be deemed terminated
as of the date on which the action is filed.

§4 Distribution

You may reproduce and distribute copies of the Subject Matter of the License or
Derivative Works on any medium, with or without modifications (with regard to
software components in Source or Object form), provided that You comply with
the following rules:

- You must provide all other recipients of the Subject Matter of the License or
  of Derivative Works with a copy of this License and inform them that the
  Subject Matter of the License was originally licensed under this License.
- You must ensure that modified files contain prominent notices indicating that
  You have modified the files.
- You must retain all copyright, patent, trademark and attribution notices in
  the Subject Matter of the License in the Source form of any Derivative Works
  You distribute, with the exception of those notices that do not pertain to any
  part of the Derivative Works.

You may add Your own copyright notices to Your modifications and state any
additional or different license conditions and conditions for the use,
reproduction or distribution of Your modifications or for those Derivative Works
as a whole, provided that Your use, reproduction and distribution of the work
complies with the terms and conditions set out in this License in all other
respects.

§5 Submission of Contributions

Unless expressly stated otherwise, every Contribution that You have
intentionally submitted for inclusion in the Subject Matter of the License is
subject to this License without any additional terms or conditions applying.
Irrespective of the above, none of the terms or conditions contained herein may
be interpreted to supersede or modify the terms or conditions of any separate
licensing agreement that You may have concluded with a Licensor for such
Contributions, such as a so-called "Contributor License Agreement" (CLA).

§6 Trademarks

This License does not grant permission to use the trade names, trademarks,
service marks or product names of the Licensor(s) or of a Contributor.

§7 Limited warranty

This License is granted free of charge and thus constitutes a gift. Accordingly,
any warranty is excluded. The Subject Matter of the License is a work in
progress; it is constantly being improved by countless Contributors. The Subject
Matter of the License is not complete and may therefore contain errors ("bugs")
or additional patents of Contributors or third parties, as is inherent in this
type of development.

§8 Limitation of liability

Except in cases of intentional and grossly negligent conduct, the Contributors,
their legal representatives, trustees, officers and employees shall not be
liable for direct or indirect, material or immaterial loss or damage of any kind
arising from the License or the use of the Subject Matter of the License; this
applies, among other things, but not exclusively, to loss of goodwill, loss of
production, computer failures or errors, loss of data or economic loss or
damage, even if the Contributor has been notified of the possibility of such
loss or damage. Irrespective of the above, the Licensor shall only be liable
within the scope of statutory product liability to the extent that the
respective provisions are applicable to the Subject Matter of the License or the
Contribution.

Except in cases of intentional conduct, the Contributors, their legal
representatives, trustees, officers and employees shall not be liable for any
infringement of third-party patent or intellectual property rights arising from
the Contributions nor do they warrant that the Contributions are accurate,
devoid of mistakes, complete and/or fit for any particular purpose.

§9 Provision of warranties or assumption of additional liability in the event of
distribution of the Subject Matter of the License

In the event of distribution of the Subject Matter of the License or Derivative
Works, You are free to accept support, warranty, indemnity or other liability
obligations and/or rights consistent with this License and to charge a fee in
return. However, in accepting such obligations, You may act only on Your own
behalf and on Your sole responsibility, not on behalf of any other Contributor,
and You hereby agree to indemnify, defend, and hold each Contributor harmless
for any liability incurred by, or claims asserted against, such Contributor by
reason of Your accepting any such warranty or additional liability.

§10 Applicable law

This License is governed by German law, excluding its conflict of laws
provisions and the provisions of the UN Convention on Contracts for the
International Sale of Goods (CISG). 

END OF TERMS AND CONDITIONS