[License-review] Request for Review and Approval of the Open Source Protection License (OSPL)

Sat Sep 14 01:53:36 UTC 2024

All,

Below is the recommendation of the License Committee that the Open 
Source Protection License not be approved as an Open Source Initiative 
Certified license. The Board will vote on the license at the next Board 
meeting, scheduled for September 20.

Please respond to this email if you have any comments or questions.

Pamela Chestek
Chair, License Committee
Open Source Initiative

==========

License: Open Source Protection License (Exhibit A)
Submitted: June 3, 2024 
https://lists.opensource.org/pipermail/license-review_lists.opensource.org/2024-June/005480.html
Decision date: due no later than the first Board meeting after August 3, 
2024

License Review Committee Recommendation:

/Resolved that it is the opinion of the OSI that the Open Source 
Protection License does not conform to the OSD and assure software 
freedom and the license is therefore not approved as an Open Source 
Initiative Certified license./

_Rationale Document_

Reasons for withholding approval: No reviewer was in favor of approving 
this license. The license states “Adaptations should respect the 
original Work's integrity and not misrepresent the Authorâ€™s [sic] 
vision” and only grants a license to create derivative works “provided 
that such Adaptations align with the original Author's vision, as 
interpreted in good faith.” These provisions violate OSD6, "No 
discrimination against fields of endeavor" and, depending on how the 
restriction is applied, OSD3 (Derived Works) and OSD10 (License must be 
technology neutral). The license is also unacceptably difficult to 
apply, relying on knowledge or interpretation of what the author’s 
“vision” of their work is.

Exhibit A

Open Source Protection License (OSPL)
=====================================

Terms and Conditions
---------------------
The Open Source Protection License (OSPL) is a legally binding agreement 
designed to facilitate open and collaborative development while 
protecting the rights and vision of the original author. By using, 
copying, modifying, or distributing the work (the "Work"), you agree to 
abide by the terms and conditions of this license.

1. Definitions
--------------
â€¢ "Work" refers to any copyrighted material, including software, 
hardware designs, documentation, or other creative content, covered by 
this license.
â€¢ "You" refers to an individual or entity exercising rights under this 
license.
â€¢ "Author" refers to the original creator of the Work.
â€¢ "Adaptation" means a work based upon the Work, including 
modifications, enhancements, or derivative works.
â€¢ "Commercial Use" refers to any use primarily intended for or 
directed towards commercial advantage or monetary compensation.

2. Grant of License
--------------------
Subject to the terms and conditions of this OSPL, the Author grants You 
a worldwide, royalty-free, non-exclusive license to:

â€¢ Copy, reproduce, and share the Work.
â€¢ Create Adaptations of the Work, provided that such Adaptations align 
with the original Author's vision, as interpreted in good faith.

3. Redistribution
------------------
You may distribute copies of the Work or Adaptations thereof, provided that:

â€¢ You include a copy of this OSPL with every copy of the Work or 
Adaptation.
â€¢ Any redistribution, including commercial redistribution, must 
provide appropriate credit to the Author. For non-commercial 
redistribution, credit is not required but recommended.
â€¢ The Work and any Adaptation thereof must be licensed under the OSPL.

4. Attribution
---------------
1) For any use, distribution, or reproduction of the Work in a 
commercial context, You must provide appropriate credit to the Author, 
indicating the original creation by the Author. This attribution should 
be included in a manner reasonable to the medium or means of use.
2) Non-commercial use, distribution, or reproduction of the Work does 
not require attribution, though it is appreciated.

5. No Warranty
---------------
1) The Work is provided "as is," without warranty of any kind, express 
or implied, including but not limited to the warranties of 
merchantability, fitness for a particular purpose, and non-infringement.
2) In no event shall the Author be liable for any claim, damages, or 
other liability, whether in an action of contract, tort, or otherwise, 
arising from, out of, or in connection with the Work or the use or other 
dealings in the Work.

6. Limitation of Liability
---------------------------
To the maximum extent permitted by applicable law, in no event shall the 
Author be liable for any special, incidental, indirect, or consequential 
damages whatsoever arising out of the use of or inability to use the 
Work, even if the Author has been advised of the possibility of such 
damages.

7. Termination
---------------
This License and the rights granted hereunder will terminate 
automatically upon any breach by You of the terms of this License. 
Individuals or entities who have received Adaptations or copies of the 
Work from You under this License, however, will not have their licenses 
terminated provided such individuals or entities remain in full 
compliance with those licenses.

8. Miscellaneous
-----------------
1) If any provision of this License is held to be unenforceable, such 
provision shall be reformed only to the extent necessary to make it 
enforceable.

2) This License constitutes the entire agreement between the parties 
with respect to the Work licensed here. It supersedes any prior 
agreements, understandings, or arrangements between the parties relating 
to the Work.

Additional Clauses
-------------------
Preservation of Integrity: Adaptations should respect the original 
Work's integrity and not misrepresent the Authorâ€™s vision.
Notification of Use: It is recommended, though not required, that You 
notify the Author when you use the Work for significant projects or 
commercial purposes.
Contribution Back: It is encouraged that any improvements or 
modifications You make to the Work be shared back with the community 
under the same terms.

By exercising any rights to the Work provided here, You accept and agree 
to be bound by the terms of this OSPL.

Acknowledgement
----------------
This license is inspired by the principles of open-source collaboration 
and community-driven development, modeled after licenses such as 
CC-BY-SA and other open-source licenses.

On 6/3/2024 3:28 PM, Harvey Washington wrote:
> Dear*License Review Committee,*
>
> I am writing to submit the Open Source Protection License (OSPL) for 
> your review and approval. The OSPL is designed to facilitate open and 
> collaborative development while protecting the rights and vision of 
> the original author. Below is the full text of the OSPL:
>
> https://www.nebulaone.org/ospl.txt
> <https://www.nebulaone.org/ospl.txt>
> Open Source Protection License (OSPL) 
> ===================================== Terms and Conditions 
> --------------------- The Open Source Protection License (OSPL) is a 
> legally binding agreement designed to facilitate open and 
> collaborative development while protecting the rights and vision of 
> the original author. By using, copying, modifying, or distributing the 
> work (the "Work"), you agree to abide by the terms and conditions of 
> this license. 1. Definitions -------------- â€¢ "Work" refers to any 
> copyrighted material, including software, hardware designs, 
> documentation, or other creative content, covered by this license. â€¢ 
> "You" refers to an individual or entity exercising rights under this 
> license. â€¢ "Author" refers to the original creator of the Work. â€¢ 
> "Adaptation" means a work based upon the Work, including 
> modifications, enhancements, or derivative works. â€¢ "Commercial Use" 
> refers to any use primarily intended for or directed towards 
> commercial advantage or monetary compensation. 2. Grant of License 
> -------------------- Subject to the terms and conditions of this OSPL, 
> the Author grants You a worldwide, royalty-free, non-exclusive license 
> to: â€¢ Copy, reproduce, and share the Work. â€¢ Create Adaptations of 
> the Work, provided that such Adaptations align with the original 
> Author's vision, as interpreted in good faith. 3. Redistribution 
> ------------------ You may distribute copies of the Work or 
> Adaptations thereof, provided that: â€¢ You include a copy of this 
> OSPL with every copy of the Work or Adaptation. â€¢ Any 
> redistribution, including commercial redistribution, must provide 
> appropriate credit to the Author. For non-commercial redistribution, 
> credit is not required but recommended. â€¢ The Work and any 
> Adaptation thereof must be licensed under the OSPL. 4. Attribution 
> --------------- 1) For any use, distribution, or reproduction of the 
> Work in a commercial context, You must provide appropriate credit to 
> the Author, indicating the original creation by the Author. This 
> attribution should be included in a manner reasonable to the medium or 
> means of use. 2) Non-commercial use, distribution, or reproduction of 
> the Work does not require attribution, though it is appreciated. 5. No 
> Warranty --------------- 1) The Work is provided "as is," without 
> warranty of any kind, express or implied, including but not limited to 
> the warranties of merchantability, fitness for a particular purpose, 
> and non-infringement. 2) In no event shall the Author be liable for 
> any claim, damages, or other liability, whether in an action of 
> contract, tort, or otherwise, arising from, out of, or in connection 
> with the Work or the use or other dealings in the Work. 6. Limitation 
> of Liability --------------------------- To the maximum extent 
> permitted by applicable law, in no event shall the Author be liable 
> for any special, incidental, indirect, or consequential damages 
> whatsoever arising out of the use of or inability to use the Work, 
> even if the Author has been advised of the possibility of such 
> damages. 7. Termination --------------- This License and the rights 
> granted hereunder will terminate automatically upon any breach by You 
> of the terms of this License. Individuals or entities who have 
> received Adaptations or copies of the Work from You under this 
> License, however, will not have their licenses terminated provided 
> such individuals or entities remain in full compliance with those 
> licenses. 8. Miscellaneous ----------------- 1) If any provision of 
> this License is held to be unenforceable, such provision shall be 
> reformed only to the extent necessary to make it enforceable. 2) This 
> License constitutes the entire agreement between the parties with 
> respect to the Work licensed here. It supersedes any prior agreements, 
> understandings, or arrangements between the parties relating to the 
> Work. Additional Clauses ------------------- Preservation of 
> Integrity: Adaptations should respect the original Work's integrity 
> and not misrepresent the Authorâ€™s vision. Notification of Use: It is 
> recommended, though not required, that You notify the Author when you 
> use the Work for significant projects or commercial purposes. 
> Contribution Back: It is encouraged that any improvements or 
> modifications You make to the Work be shared back with the community 
> under the same terms. By exercising any rights to the Work provided 
> here, You accept and agree to be bound by the terms of this OSPL. 
> Acknowledgement ---------------- This license is inspired by the 
> principles of open-source collaboration and community-driven 
> development, modeled after licenses such as CC-BY-SA and other 
> open-source licenses.
>
> Summary of the OSPL:
> The OSPL allows anyone to copy, share, and adapt the work, provided 
> that adaptations align with the original author's vision. 
> Redistribution, including commercial use, is permitted under the same 
> license terms, with proper attribution required for commercial use. 
> Non-commercial use does not require attribution but is appreciated.
>
> Rationale:
> The OSPL was created to balance open collaboration with the need to 
> protect the original creator's vision and contributions. It aims to 
> ensure that all adaptations and redistributions respect the integrity 
> of the original work and provide due credit to the author.
>
> Key Features:
> - Allows copying, sharing, and adaptation of the work.
> - Ensures adaptations align with the original author's vision.
> - Requires redistribution under the same license terms.
> - Mandates attribution for commercial use.
>
> Comparison with Existing Licenses:
> The OSPL is inspired by licenses such as CC-BY-SA and the GNU GPL, but 
> with additional provisions to maintain the author's vision and ensure 
> proper attribution in commercial contexts.
>
> Use Cases:
> The OSPL is intended for use in a variety of contexts, including 
> software, hardware designs, documentation, and other creative works. 
> It has already been adopted for several personal projects and is being 
> considered by other developers and creators.
>
> I appreciate your time and consideration in reviewing the Open Source 
> Protection License. I am available to answer any questions and provide 
> additional information as needed.
>
> Best regards,
>
> *Harvey*
> *Founder, Nebula One*
> nebulaone.org <http://nebulaone.org>
>
> _______________________________________________
> 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.
>
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