From pamela at chesteklegal.com Wed Jan 8 07:55:44 2025 From: pamela at chesteklegal.com (Pamela Chestek) Date: Tue, 7 Jan 2025 23:55:44 -0800 Subject: [License-review] Request for a new license review [Luther-LAW_DE.FID5237501] In-Reply-To: References: <25514639-02ff-b98e-e913-4b757dd7ad5f@opensource.org> Message-ID: <5a57cdd8-23bb-f4b0-a8ef-8aa1e0433ac1@chesteklegal.com> Niccolo, As you mentioned, this is essentially the MIT License with a modified limitation of liability. You have said "the versatile MIT license does not contain a limitation of liability that is effective under German law."? I would like to understand more about how the MIT License would be interpreted under German law. If the limitation of liability in it is not effective, how would the document be construed? Is it ineffective altogether, so there is no grant of a license at all? Of is the offending paragraph stricken, so license is effective but there is no limitation on liability? If that is the case, what is the possible liability of the authors or copyright holders where there is no limitation? For example, the language in your proposed license is "IN THE EVENT OF NEGLIGENT BREACH OF AN OBLIGATION, WHOSE FULFILLMENT IS ESSENTIAL FOR THE PERFORMANCE OF THE CONTRACT (CARDINAL OBLIGATION), THE LIABILITY OF THE AUTHOR OR COPYRIGHT HOLDER IS LIMITED TO THE AMOUNT OF DAMAGE THAT IS FORESEEABLE AND TYPICAL AT THE TIME THE CONTRACT IS CONCLUDED." Without that language, what is the extent of the liability the author or copyright holder might have? For example, would they be liable for non-negligent acts? I'm just trying to understand what the advantage is to stating the lawful boundaries of a limitation of liability versus what will happen with an unenforceable limitation - that is, if the MIT license, with an unenforceable limitation, nevertheless ends up in about the same place. Just also as a general point of information for readers, in the US it varies from state to state, but in general we also cannot disclaim liability for intentional, fraudulent, or grossly negligent acts. But most likely a could would just ignore the attempt and allow the limitation to the extent it is lawful. Thanks, Pam Pamela S. Chestek (in my personal capacity) Chestek Legal PLEASE NOTE OUR NEW MAILING ADDRESS 4641 Post St. Unit 4316 El Dorado Hills, CA 95762 +1 919-800-8033 pamela at chesteklegal www.chesteklegal.com On 12/23/2024 3:17 AM, Langenheim, Niccolo wrote: > > Dear all, > > first thanks for the helpful feedback so far. Please find attached a > first version of the English license text. We are still looking for an > Open Source valid certified translator who will submit a certified > translation. As soon as we have such a certified translation, we will > make it available to you immediately. As we need to have a German > license text, we need an official, and OSI-approved text of those > licenses in German. > > The following is also the other requested information for the review > process: > > 1. A copy of the license in both German and English can be found in > the attachment in plain text format. > 2. I hereby confirm that, to the best of my knowledge, the license > submitted complies with the Open Source Definition and in > particular fulfills OSD 3, 5, 6 and 9. > 3. Since the license is to be used and created for the first time for > a cross-city project, there are currently no projects using the > license. However, it is planned that the license will be used in > mid/late January. > 4. The name of the license is OSC License and the version number is 1.0. > 5. Need for regulation: Based on the queries, I would like to > reiterate that the problem with the invalid limitation of > liability mentioned in the previous email does not only exist in > the public sphere (cities, etc.), but for anyone who wants to use > the license. Regarding the distinction between the rights holder > and the author, I would like to state the following: > > Copyright arises from the act of creation. It encompasses a range of > powers of the author to use and exploit his work, which will be > explained in more detail below. > > However, a distinction must be made here between two essential concepts: > > On the one hand, there is the highly personal right as the author. It > is inextricably linked to the person of the author ? which is why it > is also referred to as the author's moral right. This right cannot be > transferred to another person by contract, nor can another person be > contractually designated as the author if the latter was not directly, > practically and personally involved in the creation of the work. > Furthermore, the author cannot waive his or her (moral) right of > authorship. > > The moral rights of the author are to be distinguished from the rights > of use and exploitation of a work ? these can be transferred to other > persons, for example by means of a license agreement. In order to take > into account this *possible, but not mandatory*, disassociation of the > author and the rights holder, both are included in the license. > > Please do not hesitate to contact me if you have any further questions > and please let me know if you require any further information. > > Kind Regards > > Niccolo Langenheim > > ------------------------------------------------------------------------ > > *Niccolo****Langenheim, LL.M.* > > > Rechtsanwalt > > IP/IT > > *N?chste geplante Abwesenheit/next planned absence: 23.12.2024 ? > 13.01.2025* > > ** > > *Luther Rechtsanwaltsgesellschaft mbH* > > Anna-Schneider-Steig 22 (Rheinauhafen), 50678 K?ln, Germany > > Phone: +49 221 9937 21105 > > Fax: +49 221 9937 110 > > Mobile: +49 152 016 21105 > > niccolo.langenheim at luther-lawfirm.com > > > www.luther-lawfirm.com > > > Luther Lawfirm - Juve 2024 > > Einen ?berblick ?ber unsere aktuellen Veranstaltungen finden Sie im > _Luther-Terminkalender > _ > > > > > > > *From:*License-review > *On Behalf Of *Pamela Chestek > *Sent:* Freitag, 13. Dezember 2024 05:09 > *To:* license-review at lists.opensource.org > *Subject:* Re: [License-review] Request for a new license review > > Hi Niccolo, > > Can you submit it with the information described on this page? > https://opensource.org/licenses/review-process > > Since this is not in English, we will also need a certified > translation of the license. > > Thanks, > > Pam Chestek > Chair, License Committee > Open Source Initiative > > On 12/11/2024 1:58 AM, Langenheim, Niccolo wrote: > > Dear Open Source Initiative Team, > > With this e-mail I am submitting a new Open Source license on > behalf of my client, the city of Solingen in Germany. The need for > the new license stems from the fact that the versatile MIT license > does not contain a limitation of liability that is effective under > German law. Even if it is predominantly assumed in the specialist > literature that Open Source licenses are generally subject to > donation law and therefore more favourable liability and warranty > rights apply, it has not yet been confirmed by the courts. This > results in the risk that courts may adopt a different legal > interpretation in the event of a dispute, with the result that the > statutory liability limitations of donation law no longer apply. > However, it is particularly important for public law projects of > cities, municipalities, etc. to agree a legally secure limitation > of liability that guarantees a limitation of liability regardless > of the legal classification. > > In order to close this gap in the limitation of liability and at > the same time benefit from the advantages of an MIT license, we > have drafted the following license, which, apart from an effective > limitation of liability, is based on the MIT license: > > Copyright (c) > > Jedem, der eine Kopie dieser Software und der zugeh?rigen > Dokumentationsdateien (die ?Software?) erh?lt, wird hiermit > kostenlos die Erlaubnis erteilt, ohne Einschr?nkung mit der > Software zu handeln, einschlie?lich und ohne Einschr?nkung der > Rechte zur Nutzung, zum Kopieren, ?ndern, Zusammenf?hren, > Ver?ffentlichen, Verteilen, Unterlizenzieren und/oder Verkaufen > von Kopien der Software, und Personen, denen die Software zur > Verf?gung gestellt wird, dies unter den folgenden Bedingungen zu > gestatten: > > Der obige Urheberrechtshinweis und dieser Genehmigungshinweis > m?ssen in allen Kopien oder wesentlichen Teilen der Software > enthalten sein. > > DIE AUTOREN ODER URHEBERRECHTSINHABER HAFTEN UNBESCHR?NKT BEI > VORSATZ, ARGLISTIGER T?USCHUNG, GROBER FAHRL?SSIGKEIT, DER > VERLETZUNG VON LEIB, LEBEN ODER GESUNDHEIT UND SOWEIT DIE HAFTUNG > GESETZLICH NICHT BESCHR?NKT ODER AUSGESCHLOSSEN WERDEN KANN. BEI > FAHRL?SSIGER VERLETZUNG EINER PFLICHT, DEREN ERF?LLUNG WESENTLICH > F?R DIE DURCHF?HRUNG DES VERTRAGS IST (KARDINALPFLICHT), HAFTEN > DIE AUTOREN ODER URHEBERRECHTSINHABER DER H?HE NACH BEGRENZT AUF > DEN SCHADEN, DER BEI VERTRAGSSCHLUSS VORHERSEHBAR UND TYPISCH IST. > > DAR?BER HINAUS IST EINE HAFTUNG AUSGESCHLOSSEN. > > DIE VORSTEHENDE HAFTUNGSBESCHR?NKUNG GILT AUCH F?R DIE HAFTUNG DER > MITARBEITER, VERTRETER UND ORGANE DER AUTOREN ODER > URHEBERRECHTSINHABER. > > Finally, I would like to note that the license has been legally > reviewed by our law firm. > > I will be happy to answer any further questions. > > Kind Regards > > NiccoloLangenheim > > ------------------------------------------------------------------------ > > *Niccolo****Langenheim* > > > *Luther Rechtsanwaltsgesellschaft mbH* > > Anna-Schneider-Steig 22 (Rheinauhafen), 50678 K?ln, Germany > > Phone: +49 221 9937 21105 > > Fax: +49 221 9937 110 > > Mobile: +49 152 016 21105 > > niccolo.langenheim at luther-lawfirm.com > > > www.luther-lawfirm.com > > > Luther Lawfirm - Juve 2024 > > Einen ?berblick ?ber unsere aktuellen Veranstaltungen finden Sie > im _Luther-Terminkalender > _ > > > > > > > ------------------------------------------------------------------------ > > Gesch?ftsf?hrer: Elisabeth Lepique, Dr. Markus Sengpiel > Die Gesellschaft ist eingetragen beim Registergericht K?ln > (Sitz der Gesellschaft) Nr. HRB 39853 > > Information?on how Luther handles?your personal data can be found > here > . > This e-mail communication (and any attachment/s) is confidential > and intended only for the individual(s) or entity named above and > others who have been specifically authorised to receive it. If you > are not the intended recipient, please do not read, copy, use or > disclose the contents of this communication to others. Please > notify the sender that you have received this e-mail in error, by > calling the phone number indicated or by e-mail, and delete the > e-mail (including any attachment/s) subsequently. This information > may be subject to professional secrecy (e. g. of auditor, tax or > legal advisor), other privilege or otherwise be protected by work > product immunity or other legal rules. Thank you. > > ------------------------------------------------------------------------ > > > > _______________________________________________ > > 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 > > http://lists.opensource.org/mailman/listinfo/license-review_lists.opensource.org > > -- > Pamela S. Chestek Chair, License Committee Open Source Initiative > > ------------------------------------------------------------------------ > > Gesch?ftsf?hrer: Elisabeth Lepique, Dr. Markus Sengpiel > Die Gesellschaft ist eingetragen beim Registergericht K?ln > (Sitz der Gesellschaft) Nr. HRB 39853 > > Information?on how Luther handles?your personal data can be found here > . > This e-mail communication (and any attachment/s) is confidential and > intended only for the individual(s) or entity named above and others > who have been specifically authorised to receive it. If you are not > the intended recipient, please do not read, copy, use or disclose the > contents of this communication to others. Please notify the sender > that you have received this e-mail in error, by calling the phone > number indicated or by e-mail, and delete the e-mail (including any > attachment/s) subsequently. This information may be subject to > professional secrecy (e. g. of auditor, tax or legal advisor), other > privilege or otherwise be protected by work product immunity or other > legal rules. Thank you. > > ------------------------------------------------------------------------ > > > _______________________________________________ > 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 > http://lists.opensource.org/mailman/listinfo/license-review_lists.opensource.org -------------- next part -------------- An HTML attachment was scrubbed... URL: -------------- next part -------------- A non-text attachment was scrubbed... Name: image001.png Type: image/png Size: 40571 bytes Desc: not available URL: -------------- next part -------------- A non-text attachment was scrubbed... Name: image002.png Type: image/png Size: 8482 bytes Desc: not available URL: -------------- next part -------------- A non-text attachment was scrubbed... Name: image003.png Type: image/png Size: 13712 bytes Desc: not available URL: From pamela.chestek at opensource.org Thu Jan 9 03:21:03 2025 From: pamela.chestek at opensource.org (Pamela Chestek) Date: Wed, 8 Jan 2025 19:21:03 -0800 Subject: [License-review] =?utf-8?q?Submission_for_review_of_Mulan_Public?= =?utf-8?q?_License=EF=BC=8CVersion_2?= In-Reply-To: <0cf99d5d-b80b-77a9-9b79-509dfdbd5242@opensource.org> References: <0cf99d5d-b80b-77a9-9b79-509dfdbd5242@opensource.org> Message-ID: <0a9fe584-c70f-4844-8544-f527ae2530bc@opensource.org> Dear Nadia, As previously mentioned, can you send a copy of the license as a .txt file? This is a requirement for submitting a license, https://opensource.org/licenses/review-process ("Submit a copy of the license as an attachment in simple text format.") I cannot copy/paste from the website because of the potential loss of fidelity to the original. We cannot process the submission without a copy of the license as an attached document. Pamela S. Chestek Chair, License Committee Open Source Initiative On 11/10/2024 8:11 AM, Pamela Chestek wrote: > > Please provide a copy of the license as a .txt file attached to an > email. The link is currently not resolving for me. This license will > not be considered submitted until we have a copy of the license. > > Pam > > Pamela S. Chestek > Chair, License Committee > Open Source Initiative > > On 10/25/2024 4:54 AM, ?? wrote: >> >> Hi Community, >> >> >> I hope this message finds you well. My name is Nadia, and I represent >> KAIYUANSHE as the OSI Affiliate Member. >> >> >> I am reaching out to formally submit a new license, the Mulan Public >> Open Source License, for OSI approval. Below is a concise overview of >> the license. >> >> >> *Overview:* >> >> The Mulan Public License (Mulan PubL) belongs to the Mulan Open >> Source License family (https://license.coscl.org.cn/). Previously, >> the Mulan PSL v2 under the Mulan Open Source License family was >> OSI-approved in 2020. Mulan PubL v2 builds upon Mulan PSL v2 by >> adding copyleft provisions, restricting distribution conditions for >> emerging technologies like SaaS. >> >> Mulan PubL v2 stipulates that for "contributions" received, the >> license must be perpetuated for subsequent distributions. For >> "derivative works," not only must the license be maintained, but the >> source code download link for the "derivative work" must also be >> prominently provided for a period of 3 years. >> >> >> >> *The differences between Mulan PubL v2 and mainstream licenses >> revolve around differences in distribution restrictions:* >> >> * *GPL:* >> >> 1. Distribute with the license, retaining disclaimers and other >> statements. >> 2. Distribute the modified version with a clear statement of the >> modified file with the date; if your modified program interacts >> with the user in the form of commands at runtime, the copyright >> and other notices must be displayed at the beginning of the >> program runtime. >> 3. Provide complete and easily compilable source code at the time of >> distribution. >> 4. Abandon distribution if you cannot comply with the conditions of >> this license. >> >> * *Mulan PubL v2:* >> >> 1. Distribute with the license, retaining disclaimers and other >> statements. >> 2. For ?Contributions? received, the license must be retained for >> secondary distribution. For ?Derivative Works?, a copy of this >> License must be provided, and the download address of the >> corresponding source code of the ?Derivative Works? must be >> provided in a conspicuous place, with a constraint validity >> period of 3 years. >> 3. Provide recipients with a written offer indicating your >> willingness to provide the Corresponding Source Code of the >> Derivative Work licensed under this License. Such written offer >> shall be placed prominently in the Derivative Work or its >> accompanying documents. Without reasonable excuse, the recipient >> shall be able to acquire the Corresponding Source code of the >> Derivative work for no more than three months from your receipt >> of a valid request, and be valid no less than three years from >> your Distribution of the particular Derivative Work. >> >> >> *Key Features of Mulan PubL v2:* >> >> 1. Dual Chinese and English language provisions with equal legal >> standing. >> 2. Adherence to concise language principles for enhanced comprehension. >> 3. Explicit granting of copyright and patent rights, excluding >> trademark rights. >> 4. Imposition of restrictive distribution conditions for open-source >> software; conditional restrictions on distribution for cloud >> computing and SaaS. >> >> >> Mulan PubL v2 was released in May 2021 with version 2.0. Currently, >> 94 Chinese open-source projects support MulanPubL-2.0, with over 1.4K >> code repository applications. Notable applications include OceanBase >> (https://github.com/oceanbase/oceanbase >> ). >> >> >> *Here is the full text of the Mulan Public License, Version 2: >> http://license.coscl.org.cn/MulanPubL-2.0 >> * >> >> >> I am eager to engage in further discussions with the OSI community >> regarding this submission. >> >> >> >> Best regards, >> >> Nadia Jiang >> >> >> _______________________________________________ >> 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 >> http://lists.opensource.org/mailman/listinfo/license-review_lists.opensource.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. > > License-review mailing list > License-review at lists.opensource.org > http://lists.opensource.org/mailman/listinfo/license-review_lists.opensource.org -- Pamela S. Chestek Chair, License Committee Open Source Initiative -------------- next part -------------- An HTML attachment was scrubbed... URL: From pamela.chestek at opensource.org Tue Jan 14 01:55:32 2025 From: pamela.chestek at opensource.org (Pamela Chestek) Date: Mon, 13 Jan 2025 17:55:32 -0800 Subject: [License-review] =?utf-8?q?Submission_for_review_of_Mulan_Public?= =?utf-8?q?_License=EF=BC=8CVersion_2?= In-Reply-To: <0cf99d5d-b80b-77a9-9b79-509dfdbd5242@opensource.org> References: <0cf99d5d-b80b-77a9-9b79-509dfdbd5242@opensource.org> Message-ID: <99b6c0de-4181-a6f3-e060-70ff1a064d5e@opensource.org> (Resending, adding direct email address) Dear Nadia, As previously mentioned, can you send a copy of the license as a .txt file? This is a requirement for submitting a license, https://opensource.org/licenses/review-process ("Submit a copy of the license as an attachment in simple text format.") I cannot copy/paste from the website because of the potential loss of fidelity to the original. We cannot process the submission without a copy of the license as an attached document. Pamela S. Chestek Chair, License Committee Open Source Initiative On 11/10/2024 8:11 AM, Pamela Chestek wrote: > > Please provide a copy of the license as a .txt file attached to an > email. The link is currently not resolving for me. This license will > not be considered submitted until we have a copy of the license. > > Pam > > Pamela S. Chestek > Chair, License Committee > Open Source Initiative > > On 10/25/2024 4:54 AM, ?? wrote: >> >> Hi Community, >> >> >> I hope this message finds you well. My name is Nadia, and I represent >> KAIYUANSHE as the OSI Affiliate Member. >> >> >> I am reaching out to formally submit a new license, the Mulan Public >> Open Source License, for OSI approval. Below is a concise overview of >> the license. >> >> >> *Overview:* >> >> The Mulan Public License (Mulan PubL) belongs to the Mulan Open >> Source License family (https://license.coscl.org.cn/). Previously, >> the Mulan PSL v2 under the Mulan Open Source License family was >> OSI-approved in 2020. Mulan PubL v2 builds upon Mulan PSL v2 by >> adding copyleft provisions, restricting distribution conditions for >> emerging technologies like SaaS. >> >> Mulan PubL v2 stipulates that for "contributions" received, the >> license must be perpetuated for subsequent distributions. For >> "derivative works," not only must the license be maintained, but the >> source code download link for the "derivative work" must also be >> prominently provided for a period of 3 years. >> >> >> >> *The differences between Mulan PubL v2 and mainstream licenses >> revolve around differences in distribution restrictions:* >> >> * *GPL:* >> >> 1. Distribute with the license, retaining disclaimers and other >> statements. >> 2. Distribute the modified version with a clear statement of the >> modified file with the date; if your modified program interacts >> with the user in the form of commands at runtime, the copyright >> and other notices must be displayed at the beginning of the >> program runtime. >> 3. Provide complete and easily compilable source code at the time of >> distribution. >> 4. Abandon distribution if you cannot comply with the conditions of >> this license. >> >> * *Mulan PubL v2:* >> >> 1. Distribute with the license, retaining disclaimers and other >> statements. >> 2. For ?Contributions? received, the license must be retained for >> secondary distribution. For ?Derivative Works?, a copy of this >> License must be provided, and the download address of the >> corresponding source code of the ?Derivative Works? must be >> provided in a conspicuous place, with a constraint validity >> period of 3 years. >> 3. Provide recipients with a written offer indicating your >> willingness to provide the Corresponding Source Code of the >> Derivative Work licensed under this License. Such written offer >> shall be placed prominently in the Derivative Work or its >> accompanying documents. Without reasonable excuse, the recipient >> shall be able to acquire the Corresponding Source code of the >> Derivative work for no more than three months from your receipt >> of a valid request, and be valid no less than three years from >> your Distribution of the particular Derivative Work. >> >> >> *Key Features of Mulan PubL v2:* >> >> 1. Dual Chinese and English language provisions with equal legal >> standing. >> 2. Adherence to concise language principles for enhanced comprehension. >> 3. Explicit granting of copyright and patent rights, excluding >> trademark rights. >> 4. Imposition of restrictive distribution conditions for open-source >> software; conditional restrictions on distribution for cloud >> computing and SaaS. >> >> >> Mulan PubL v2 was released in May 2021 with version 2.0. Currently, >> 94 Chinese open-source projects support MulanPubL-2.0, with over 1.4K >> code repository applications. Notable applications include OceanBase >> (https://github.com/oceanbase/oceanbase >> ). >> >> >> *Here is the full text of the Mulan Public License, Version 2: >> http://license.coscl.org.cn/MulanPubL-2.0 >> * >> >> >> I am eager to engage in further discussions with the OSI community >> regarding this submission. >> >> >> >> Best regards, >> >> Nadia Jiang >> >> >> _______________________________________________ >> 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 >> http://lists.opensource.org/mailman/listinfo/license-review_lists.opensource.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. > > License-review mailing list > License-review at lists.opensource.org > http://lists.opensource.org/mailman/listinfo/license-review_lists.opensource.org -- Pamela S. Chestek Chair, License Committee Open Source Initiative -------------- next part -------------- An HTML attachment was scrubbed... URL: -------------- next part -------------- _______________________________________________ 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 http://lists.opensource.org/mailman/listinfo/license-review_lists.opensource.org From zhmh at pku.edu.cn Tue Jan 14 13:59:33 2025 From: zhmh at pku.edu.cn (Zhou,Minghui) Date: Tue, 14 Jan 2025 21:59:33 +0800 (GMT+08:00) Subject: [License-review] =?utf-8?q?Submission_for_review_of_Mulan_Public?= =?utf-8?q?_License=EF=BC=8CVersion_2?= In-Reply-To: <99b6c0de-4181-a6f3-e060-70ff1a064d5e@opensource.org> References: <0cf99d5d-b80b-77a9-9b79-509dfdbd5242@opensource.org> <99b6c0de-4181-a6f3-e060-70ff1a064d5e@opensource.org> Message-ID: <2c98e211.af86.194651cccae.Coremail.zhmh@pku.edu.cn> Dear Pamela and all, Please see the attahced .txt file for Mulan Public License, Version 2. (I'm the author, I simply provide the text for your convenience.) Best, Minghui -- Minghui Zhou? Professor Vice Dean, School of Computer Science Peking University, Beijing, China https://minghuizhou.github.io/ -----Original Messages----- From:"Pamela Chestek" Send time:Tuesday, 01/14/2025 09:55:32 To: license-review at lists.opensource.org Subject: [License-review] Submission for review of Mulan Public License?Version 2 (Resending, adding direct email address) Dear Nadia, As previously mentioned, can you send a copy of the license as a .txt file? This is a requirement for submitting a license, https://opensource.org/licenses/review-process ("Submit a copy of the license as an attachment in simple text format.") I cannot copy/paste from the website because of the potential loss of fidelity to the original. We cannot process the submission without a copy of the license as an attached document. Pamela S. Chestek Chair, License Committee Open Source Initiative On 11/10/2024 8:11 AM, Pamela Chestek wrote: Please provide a copy of the license as a .txt file attached to an email. The link is currently not resolving for me. This license will not be considered submitted until we have a copy of the license. Pam Pamela S. Chestek Chair, License Committee Open Source Initiative On 10/25/2024 4:54 AM, ?? wrote: Hi Community, I hope this message finds you well. My name is Nadia, and I represent KAIYUANSHE as the OSI Affiliate Member. I am reaching out to formally submit a new license, the Mulan Public Open Source License, for OSI approval. Below is a concise overview of the license. Overview: The Mulan Public License (Mulan PubL) belongs to the Mulan Open Source License family (https://license.coscl.org.cn/). Previously, the Mulan PSL v2 under the Mulan Open Source License family was OSI-approved in 2020. Mulan PubL v2 builds upon Mulan PSL v2 by adding copyleft provisions, restricting distribution conditions for emerging technologies like SaaS. Mulan PubL v2 stipulates that for "contributions" received, the license must be perpetuated for subsequent distributions. For "derivative works," not only must the license be maintained, but the source code download link for the "derivative work" must also be prominently provided for a period of 3 years. The differences between Mulan PubL v2 and mainstream licenses revolve around differences in distribution restrictions: GPL: Distribute with the license, retaining disclaimers and other statements. Distribute the modified version with a clear statement of the modified file with the date; if your modified program interacts with the user in the form of commands at runtime, the copyright and other notices must be displayed at the beginning of the program runtime. Provide complete and easily compilable source code at the time of distribution. Abandon distribution if you cannot comply with the conditions of this license. Mulan PubL v2: Distribute with the license, retaining disclaimers and other statements. For ?Contributions? received, the license must be retained for secondary distribution. For ?Derivative Works?, a copy of this License must be provided, and the download address of the corresponding source code of the ?Derivative Works? must be provided in a conspicuous place, with a constraint validity period of 3 years. Provide recipients with a written offer indicating your willingness to provide the Corresponding Source Code of the Derivative Work licensed under this License. Such written offer shall be placed prominently in the Derivative Work or its accompanying documents. Without reasonable excuse, the recipient shall be able to acquire the Corresponding Source code of the Derivative work for no more than three months from your receipt of a valid request, and be valid no less than three years from your Distribution of the particular Derivative Work. Key Features of Mulan PubL v2: Dual Chinese and English language provisions with equal legal standing. Adherence to concise language principles for enhanced comprehension. Explicit granting of copyright and patent rights, excluding trademark rights. Imposition of restrictive distribution conditions for open-source software; conditional restrictions on distribution for cloud computing and SaaS. Mulan PubL v2 was released in May 2021 with version 2.0. Currently, 94 Chinese open-source projects support MulanPubL-2.0, with over 1.4K code repository applications. Notable applications include OceanBase (https://github.com/oceanbase/oceanbase). Here is the full text of the Mulan Public License, Version 2: http://license.coscl.org.cn/MulanPubL-2.0 I am eager to engage in further discussions with the OSI community regarding this submission. Best regards, Nadia Jiang _______________________________________________ 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.orghttp://lists.opensource.org/mailman/listinfo/license-review_lists.opensource.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. License-review mailing list License-review at lists.opensource.orghttp://lists.opensource.org/mailman/listinfo/license-review_lists.opensource.org -- Pamela S. Chestek Chair, License Committee Open Source Initiative -------------- next part -------------- An HTML attachment was scrubbed... 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Copyright (c) [Year] [name of copyright holder] [Software Name] is licensed under Mulan PubL v2. You can use this software according to the terms and conditions of the Mulan PubL v2. You may obtain a copy of Mulan PubL v2 at: http://license.coscl.org.cn/MulanPubL-2.0 THIS SOFTWARE IS PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO NON-INFRINGEMENT, MERCHANTABILITY OR FIT FOR A PARTICULAR PURPOSE. See the Mulan PubL v2 for more details. Mulan Public License?Version 2 Mulan Public License?Version 2 (Mulan PubL v2) May 2021 http://license.coscl.org.cn/MulanPubL-2.0 Your reproduction, use, modification and Distribution of the Contribution shall be subject to Mulan Public License, Version 2 (this License) with following terms and conditions: 0. Definition Contribution means the copyrightable work licensed by a particular Contributor under this License, including the work licensed by the initial Contributor under this License and its Derivative Work licensed by any subsequent Contributor under this License. Contributor means the Individual or Legal Entity who licenses its copyrightable work under this License. Legal Entity means the entity making a Contribution and all its Affiliates. Affiliates mmeans entities that control, are controlled by, or are under common control with the acting entity under this License, ?control? means direct or indirect ownership of at least fifty percent (50%) of the voting power, capital or other securities of controlled or commonly controlled entity. Derivative Work means works created based on Contribution, specifically including works formed by modifying, rewriting, translating, annotating, combining or linking to all or part of Contribution (including dynamic linking or static linking). 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END OF THE TERMS AND CONDITIONS How to apply the Mulan Public License?Version 2 (Mulan PubL v2), to your software To apply the Mulan Public License?Version 2 to your work, for easy identification by recipients, you are suggested to complete following three steps: Fill in the blanks in following statement, including insert your software name, the year of the first publication of your software, and your name identified as the copyright owner; Create a file named ?LICENSE? which contains the whole context of this License in the first directory of your software package; Attach the statement to the appropriate annotated syntax at the beginning of each source file. Copyright (c) [Year] [name of copyright holder] [Software Name] is licensed under Mulan PubL v2. You can use this software according to the terms and conditions of the Mulan PubL v2. You may obtain a copy of Mulan PubL v2 at: http://license.coscl.org.cn/MulanPubL-2.0 THIS SOFTWARE IS PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO NON-INFRINGEMENT, MERCHANTABILITY OR FIT FOR A PARTICULAR PURPOSE. See the Mulan PubL v2 for more details. From pamela.chestek at opensource.org Wed Jan 15 16:46:41 2025 From: pamela.chestek at opensource.org (Pamela Chestek) Date: Wed, 15 Jan 2025 08:46:41 -0800 Subject: [License-review] Berkeley Artistic License V5 In-Reply-To: References: Message-ID: Dear License Review List: Below is the recommendation of the License Review Committee that the Berkeley Artistic License V5 not be approved as an OSI-Approved license, to be voted on at the next Board meeting. Best regards, Pamela S. Chestek Chair, Licensing Committee Open Source Initiative ========================== License: Berkeley Artistic License V5 (Exhibit A) Submitted: October 5, 2024, https://lists.opensource.org/pipermail/license-review_lists.opensource.org/2024-October/005558.html Decision date: due no later than the first Board meeting after December 5, 2024 _License Review Committee Recommendation: _ Resolved that it is the opinion of the OSI that the Berkeley Artistic License V5 does not conform to the OSD and assure software freedom and the license is therefore not approved. _Rationale Document_ Reasons for withholding approval: All comments on the license were negative, pointing out various interpretation problems with its drafting. The title was also criticized, since it is not a license associated with Berkeley or derived from the Artistic License, so the title is deceptive. Finally, the license submitter agreed that a revision was advisable, stating ?Your concerns about paragraph two are valid but I believe that only requires an alteration of paragraph 1 or 2?; however, the license submitter only solicited others to revise the license and did not submit an amended version of the license. /Exhibit A/ The Berkeley Artistic License I: Metadata Project:(project name here) Project Developer:(developer or team name here) Original Project Name: (This and the following line may be deleted if not applicable,these are both used to ascribe an origin point) Original Project Developer: (This and the previous line may be deleted if not applicable, these are both used to ascribe an origin point) Contributors: (list of contributors and contributions separated by semicolons.) II: Definitions Standard Version: The project which is the basis for modified versions, also known as upstream. Modified Versions: versions of the source code distributed by the project that have been modified, which can be distributed as executables, downstream. The Software refers to the project, which is a collection of files distributed by the Project Developer, the "Standard Version", and derivatives of that collection of files created through modification of the source code, the "Modified Version". III: License Terms 1. You may make and give away verbatim copies of the source form of the Standard Version of this Software without restriction, provided that you duplicate all of the original copyright notices, this license, and associated disclaimers. 2. You may apply bug fixes, portability fixes and other modifications from the Project Developer or other developers (including yourself) to enable this software to work with modern tools, new hardware, new operating systems, etc. A Software modified in such a way may still be considered the Standard Version. 3. You may otherwise modify your copy of this Software in any way, provided that your modifications use this same license or do not distribute the resulting code. 4. You may choose to add your name to the contributors list, to allow the Project Developer to credit you for your modifications in the Standard Version of the Software. 5. You may distribute your modified copy of this Software in executable form, provided that you make it clear that your distribution of this code is modified, provide a copy of this license, and provide a method to obtain both the source of the Standard Version and the source of your Modified Version. You must also modify your license to point to this project as the origin point, labeling your modified version as a the project, moving any prior origin point to be the primary contributor. 6. You may distribute this Software, with or without fee, provided that you do not advertise the Standard Version of this Software as a product of your own. 7. Neither the name of the project nor the name, username, handle, etc, of the project developer or contributors may be used to endorse or promote products derived from this software without specific prior written permission. 8. THE SOFTWARE IS PROVIDED "AS IS" AND THE AUTHOR DISCLAIMS ALL WARRANTIES WITH REGARD TO THIS SOFTWARE INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS. IN NO EVENT SHALL THE AUTHOR BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS SOFTWARE. On 10/5/2024 3:43 AM, Lucy Brown via License-review wrote: > This is a submission of Berkeley Artistic License v5. > This is a ?New? License that was made as a means of creating a more > legible, correct, and up to date variation of Artistic License V1, > that has been conformed to my personal interpretation of the BSD, > (Berkeley), style. It differs from BSD-4 and Artistic v2 in that it is > not re-licensable and it is copyleft rather than permissive. It > differs from GPL in that it's short, Clear, and accessible and it > contains Metadata to credit developers within the license. > > This license has the following features: Copyleft; > No Attribution by default; > Contributors listed in the license itself. > > The license template follows: > > The Berkeley Artistic License > I: Metadata > Project:(project name here) > Project Developer:(developer or team name here) > Original Project Name: (This and the following line may be deleted if > not applicable,these are both used to ascribe an origin point) > Original Project Developer: (This and the previous line may be deleted > if not applicable, these are both used to ascribe an origin point) > Contributors: (list of contributors and contributions separated by > semicolons.) > > II: Definitions > Standard Version: The project which is the basis for modified > versions, also known as upstream. > Modified Versions: versions of the source code distributed by the > project that have been modified, which can be distributed as > executables, downstream. > The Software refers to the project, which is a collection of files > distributed by the Project Developer, the "Standard Version", and > derivatives of that collection of files created through modification > of the source code, the "Modified Version". > > III: License Terms > 1. You may make and give away verbatim copies of the source form of > the Standard Version of this Software without restriction, provided > that you duplicate all of the original copyright notices, this > license, and associated disclaimers. > > 2. You may apply bug fixes, portability fixes and other modifications > from the Project Developer or other developers (including yourself) to > enable this software to work with modern tools, new hardware, new > operating systems, etc. A Software modified in such a way may still be > considered the Standard Version. > > 3. You may otherwise modify your copy of this Software in any way, > provided that your modifications use this same license or do not > distribute the resulting code. > > 4. You may choose to add your name to the contributors list, to allow > the Project Developer to credit you for your modifications in the > Standard Version of the Software. > > 5. You may distribute your modified copy of this Software in > executable form, provided that you make it clear that your > distribution of this code is modified, provide a copy of this license, > and provide a method to obtain both the source of the Standard Version > and the source of your Modified Version. You must also modify your > license to point to this project as the origin point, labeling your > modified version as a the project, moving any prior origin point to be > the primary contributor. > > 6. You may distribute this Software, with or without fee, provided > that you do not advertise the Standard Version of this Software as a > product of your own. > > 7. Neither the name of the project nor the name, username, handle, > etc, of the project developer or contributors may be used to endorse > or promote products derived from this software without specific prior > written permission. > > 8. THE SOFTWARE IS PROVIDED "AS IS" AND THE AUTHOR DISCLAIMS ALL > WARRANTIES WITH REGARD TO THIS SOFTWARE INCLUDING ALL IMPLIED > WARRANTIES OF MERCHANTABILITY AND FITNESS. IN NO EVENT SHALL THE > AUTHOR BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, OR CONSEQUENTIAL > DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR > PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER > TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR > PERFORMANCE OF THIS SOFTWARE. > > End of license template. > You can also read the license template at the following link. > https://raw.githubusercontent.com/anoraktrend/Berkeley-Artistic/refs/heads/main/The%20Berkeley%20Artistic%20license > > > > _______________________________________________ > 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 > http://lists.opensource.org/mailman/listinfo/license-review_lists.opensource.org -------------- next part -------------- An HTML attachment was scrubbed... URL: From pamela.chestek at opensource.org Wed Jan 15 16:48:37 2025 From: pamela.chestek at opensource.org (Pamela Chestek) Date: Wed, 15 Jan 2025 08:48:37 -0800 Subject: [License-review] PSCL Python Statistics Calculator Review In-Reply-To: <894912568.5447090.1730369247130@mail.yahoo.com> References: <894912568.5447090.1730369247130.ref@mail.yahoo.com> <894912568.5447090.1730369247130@mail.yahoo.com> Message-ID: <5e93482a-5d1f-5906-8a8e-409aa0e9c35e@opensource.org> Dear License Review List: Below is the recommendation of the License Review Committee that the PSCL Python Statistics Calculator License not be approved as an OSI-Approved license, to be voted on at the next Board meeting. Best regards, Pamela S. Chestek Chair, Licensing Committee Open Source Initiative ================ License: Python Statistics Calculator License (Exhibit A) Submitted: October 31, 2024, https://lists.opensource.org/pipermail/license-review_lists.opensource.org/2024-October/005579.html Decision date: due no later than the first Board meeting after December 31, 2024 _License Review Committee Recommendation: _ Resolved that it is the opinion of the OSI that the Python Statistics Calculator License does not conform to the OSD and assure software freedom and the license is therefore not approved. _Rationale Document_ Reasons for withholding approval: The license expressly violates OSD5 (No Discrimination Against Persons or Groups) by stating that the software can only be modified by experienced developers and OSD6 (No Discrimination Against Fields of Endeavor) by discriminating against those who might want to use the software for purposes of education. /Exhibit A/ ### **Python Statistics Calculator License (PSCL) Documentation** #### **Overview** The Python Statistics Calculator License (PSCL) outlines the terms and conditions for using, copying, distributing, and creating derivative works from the Python Statistics Calculator software. This license aims to balance flexibility with control, ensuring the integrity of the software while promoting contributions from experienced and intermediate developers. #### **License Terms** 1. **Permission** ?? Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to copy, distribute, and create derivative works from the Software for commercial purposes, subject to the following conditions: 2. **Attribution** ?? You must give appropriate credit to the author by providing a link to the original work. This helps recognize the contributions of the original authors and maintain the credibility of the software. 3. **Modification by Experienced and Intermediate Developers Only** ?? Only individuals or entities with proven expertise in software development or those meeting the criteria for intermediate developers are permitted to modify the original work. ?? - **Experienced Developers**: Individuals or entities with proven expertise in software development, having made at least one meaningful contribution or program, and proficient in creating powerful programs. ?? - **Intermediate Developers**: Individuals or entities that have created 3-7 programs ideal for practicing the basics of coding, can add decent styling better than the average webpage, and capable of making slight improvements, tweaks, or enhancements. ?? **Criterion for Speedy Protection (CFSP)**: If the project/hard work is likely to have unconstructive modifications, it will be protected by this license to maintain the integrity of the source code within 2-6 hours. ?? Any derivative works must be based on the original but not alter it directly except by those qualified. 4. **Distribution** ?? If you distribute the Software, you must distribute it under the same terms as this license. This ensures that all copies of the Software, whether distributed in their original form or as derivative works, are bound by the same conditions, maintaining consistency and fairness. 5. **Disclaimer** ?? The Software 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. In no event shall the authors or copyright holders 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 Software or the use or other dealings in the Software. #### **Purpose** The purpose of this license is to: - Ensure that the Python Statistics Calculator software remains user-friendly and reliable. - Allow experienced and intermediate developers to contribute meaningful improvements and bug fixes, enhancing the Software's functionality and performance. - Promote open-source collaboration by providing a clear and fair framework for using, copying, and distributing the Software. #### **Definitions** **Experienced Developer**: An individual or entity with proven expertise in software development. The criteria for qualifying as an experienced developer are: - Proven expertise in software development. - At least one meaningful contribution or program. - Proficiency in creating powerful programs. **Intermediate Developer**: An individual or entity that has created 3-7 programs ideal for practicing the basics of coding, can add decent styling better than the average webpage, and capable of making slight improvements, tweaks, or enhancements. **Criterion for Speedy Protection (CFSP)**: If the project/hard work is likely to have unconstructive modifications, it will be protected by this license to maintain the integrity of the source code within 2-6 hours. #### **Additional Information** For more detailed information on how to qualify as an experienced or intermediate developer, examples of proper attribution, and guidelines for distributing the Software, please refer to the accompanying documentation file or visit our project website. On 10/31/2024 3:07 AM, Recovery Account via License-review wrote: > Dear OSI License Review Committee, > > I am submitting the Python Statistics Calculator License (PSCL) for > your review and approval. The PSCL is designed to balance open-source > collaboration with quality control by restricting modifications to > experienced and intermediate developers, and it features a unique > Criterion for Speedy Protection (CFSP) mechanism to safeguard against > unconstructive modifications. > > Attached is a detailed proposal outlining the purpose, comparisons > with existing licenses, and the full text of the PSCL. > > ### **Python Statistics Calculator License (PSCL) Documentation** > > #### **Overview** > The Python Statistics Calculator License (PSCL) outlines the terms and > conditions for using, copying, distributing, and creating derivative > works from the Python Statistics Calculator software. This license > aims to balance flexibility with control, ensuring the integrity of > the software while promoting contributions from experienced and > intermediate developers. > > #### **License Terms** > > 1. **Permission** > ? ?Permission is hereby granted, free of charge, to any person > obtaining a copy of this software and associated documentation files > (the "Software"), to copy, distribute, and create derivative works > from the Software for commercial purposes, subject to the following > conditions: > > 2. **Attribution** > ? ?You must give appropriate credit to the author by providing a link > to the original work. This helps recognize the contributions of the > original authors and maintain the credibility of the software. > > 3. **Modification by Experienced and Intermediate Developers Only** > ? ?Only individuals or entities with proven expertise in software > development or those meeting the criteria for intermediate developers > are permitted to modify the original work. > > ? ?- **Experienced Developers**: Individuals or entities with proven > expertise in software development, having made at least one meaningful > contribution or program, and proficient in creating powerful programs. > ? ?- **Intermediate Developers**: Individuals or entities that have > created 3-7 programs ideal for practicing the basics of coding, can > add decent styling better than the average webpage, and capable of > making slight improvements, tweaks, or enhancements. > > ? ?**Criterion for Speedy Protection (CFSP)**: If the project/hard > work is likely to have unconstructive modifications, it will be > protected by this license to maintain the integrity of the source code > within 2-6 hours. > > ? ?Any derivative works must be based on the original but not alter it > directly except by those qualified. > > 4. **Distribution** > ? ?If you distribute the Software, you must distribute it under the > same terms as this license. This ensures that all copies of the > Software, whether distributed in their original form or as derivative > works, are bound by the same conditions, maintaining consistency and > fairness. > > 5. **Disclaimer** > ? ?The Software 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. In no event shall the authors or copyright holders 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 Software or the use or other dealings in the Software. > > #### **Purpose** > The purpose of this license is to: > - Ensure that the Python Statistics Calculator software remains > user-friendly and reliable. > - Allow experienced and intermediate developers to contribute > meaningful improvements and bug fixes, enhancing the Software's > functionality and performance. > - Promote open-source collaboration by providing a clear and fair > framework for using, copying, and distributing the Software. > > #### **Definitions** > > **Experienced Developer**: An individual or entity with proven > expertise in software development. The criteria for qualifying as an > experienced developer are: > - Proven expertise in software development. > - At least one meaningful contribution or program. > - Proficiency in creating powerful programs. > > **Intermediate Developer**: An individual or entity that has created > 3-7 programs ideal for practicing the basics of coding, can add decent > styling better than the average webpage, and capable of making slight > improvements, tweaks, or enhancements. > > **Criterion for Speedy Protection (CFSP)**: If the project/hard work > is likely to have unconstructive modifications, it will be protected > by this license to maintain the integrity of the source code within > 2-6 hours. > > #### **Additional Information** > For more detailed information on how to qualify as an experienced or > intermediate developer, examples of proper attribution, and guidelines > for distributing the Software, please refer to the accompanying > documentation file or visit our project website. > > Thank you for your consideration. > > Best regards, > > > _______________________________________________ > 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 > http://lists.opensource.org/mailman/listinfo/license-review_lists.opensource.org -------------- next part -------------- An HTML attachment was scrubbed... URL: From pamela.chestek at opensource.org Wed Jan 15 16:51:10 2025 From: pamela.chestek at opensource.org (Pamela Chestek) Date: Wed, 15 Jan 2025 08:51:10 -0800 Subject: [License-review] Submission for review of Accountable Resolver License In-Reply-To: <5CB74FBB-0737-43A1-9859-CA5166F0210C@jlinc.com> References: <5CB74FBB-0737-43A1-9859-CA5166F0210C@jlinc.com> Message-ID: Dear License Review List: Below is the recommendation of the License Review Committee that the Accountable Resolver License not be approved as an OSI-Approved license, to be voted on at the next Board meeting. Best regards, Pamela S. Chestek Chair, Licensing Committee Open Source Initiative ========================== License: Accountable Resolver License version 1.0 (Exhibit A) Submitted: October 21, 2024, https://lists.opensource.org/pipermail/license-review_lists.opensource.org/2024-October/005575.html Decision date: due no later than the first Board meeting after December 21, 2024 _License Review Committee Recommendation: _ Resolved that it is the opinion of the OSI that the Accountable Resolver License version 1.0 does not conform to the OSD and assure software freedom and the license is therefore not approved. _Rationale Document_ Reasons for withholding approval: In section 4.6 the license expressly prohibits using the licensed software ?to infringe, invade, breach, or otherwise fail to protect the privacy of any DID subject making use of the services provided by the Work.? This use restriction violates OSD 6, No Discrimination Against Fields of Endeavor. The license is also poorly drafted, which would cause significant interpretation problems. For example, it claims to grant a license to ?take any action with the Work that would infringe the non-patent intellectual property laws of any jurisdiction to which You are subject.? However, ?intellectual property? is an ambiguous term, as exemplified by the statement in the license that ?Licensor does not grant any license to the trademarks, service marks, or logos of Licensor, except to the extent necessary to comply with the attribution conditions in section 4.1 of this License.? A trademark is generally considered ?intellectual property,? so the license both grants a license to trademarks in section 3.1(a)? and does not in section 3.2(b). Moreover, there are no ?attribution conditions in section 4.1,? they are in section 4.3. The license submitter did not respond to the issues raised on the license-review list. /Exhibit A/ Accountable Resolver License version 1.0 1. Purpose This License gives You unlimited permission to use and modify the software to which it applies (the ?Work?), either as-is or in modified form, for Your private purposes while protecting the owners and contributors to the software from liability and subject to the accountability condition defined in section 4.6. This license enables any person or organization to download, use, and modify the software for a Federated DID Resolver Server (the Work) to resolve DID documents with provisions to ensure that there is no third-party surveillance of the activities or metadata of individuals or organizations that make use of services provided by the Work as defined in section 4.6. 1.1??? Definitions 1.1.1 DID Decentralized Identifiers (DIDs), are a W3C standard. They provide a way to point to DID documents that contain cryptographic keys and metadata. A DID resolver is an application that resolves DIDs to their associated DID documents. 1.1.2 Licensor Portable Data Corporation, operating as JLINC Labs, is the licensor of the Work and provides this Accountable Resolver License under the terms set out below. 1.1.3 Receiver Any entity has the right to the Work by abiding with the terms set out in this license. 1.1.4 DID Subject DID Subjects are natural persons or other entities identified by and capable of controlling the DID. The receiver of this license must respect the privacy of the DID Subject as set out in 4.6 below. 2. Receiving a License In order to receive this License, You must agree to its rules. The rules of this License are both obligations of Your agreement with the Licensor and conditions to your License. You must not do anything with the Work that triggers a rule You cannot or will not follow. 2.1. Application The terms of this License apply to the Work as you receive it from Licensor, as well as to any modifications, elaborations, or implementations created by You that contain any licensable portion of the Work (a ?Modified Work?). Unless specified, any reference to the Work also applies to a Modified Work. 2.2. Offer and Acceptance This License is automatically offered to every person and organization. You show that you accept this License and agree to its conditions by taking any action with the Work that, absent this License, would infringe any intellectual property right held by Licensor. 2.3. Compliance and Remedies Any failure to act according to the terms and conditions of this License places Your use of the Work outside the scope of the License and infringes the intellectual property rights of the Licensor. In the event of infringement, the terms and conditions of this License may be enforced by Licensor under the intellectual property laws of any jurisdiction to which You are subject. You also agree that either the Licensor or a Recipient (as an intended third-party beneficiary) may enforce the terms and conditions of this License against You via specific performance. 3. Permissions and Conditions 3.1. Permissions Granted Conditioned on compliance with section 4, and subject to the limitations of section 3.2, Licensor grants You the world-wide, royalty-free, non-exclusive permission to: a) Take any action with the Work that would infringe the non-patent intellectual property laws of any jurisdiction to which You are subject; and b) Take any action with the Work that would infringe any patent claims that Licensor can license or becomes able to license, to the extent that those claims are embodied in the Work as distributed by Licensor. 3.2. Limitations on Permissions Granted The following limitations apply to the permissions granted in section 3.1: a) Licensor does not grant any patent license for claims that are only infringed due to modification of the Work as provided by Licensor, or the combination of the Work as provided by Licensor, directly or indirectly, with any other component, including other software or hardware. b) Licensor does not grant any license to the trademarks, service marks, or logos of Licensor, except to the extent necessary to comply with the attribution conditions in section 4.1 of this License. 4. Conditions If You exercise any permission granted by this License, such that the Work, or any part, aspect, or element of the Work, is distributed, communicated, made available, or made perceptible to a non-Affiliate third party (a ?Recipient?), either via physical delivery or via a network connection to the Recipient, You must comply with the following conditions: 4.1. Provide Access to Source Code Subject to the exception in section 4.4, You must provide to each Recipient a copy of, or no-charge unrestricted network access to, the Source Code corresponding to the Work. The ?Source Code? of the Work means the form of the Work preferred for making modifications, including any comments, configuration information, documentation, help materials, installation instructions, cryptographic seeds or keys, and any information reasonably necessary for the Recipient to independently compile and use the Source Code and to have full access to the functionality contained in the Work. 4.1.1. Providing Network Access to the Source Code Network access to the Notices and Source Code may be provided by You or by a third party, such as a public software repository, and must persist during the same period in which You exercise any of the permissions granted to You under this License and for at least one year thereafter. 4.1.2. Source Code for a Modified Work Subject to the exception in section 4.5, You must provide to each Recipient of a Modified Work Access to Source Code corresponding to those portions of the Work remaining in the Modified Work as well as the modifications used by You to create the Modified Work. The Source Code corresponding to the modifications in the Modified Work must be provided to the Recipient either a) under this License, or b) under a Compatible Open-Source License. A ?Compatible Open-Source License? means a license accepted by the Open Source Initiative that allows object code created using both Source Code provided under this License and Source Code provided under the other open source license to be distributed together as a single work. 4.1.3. Coordinated Disclosure of Security Vulnerabilities You may delay providing the Source Code corresponding to a particular modification of the Work for up to ninety (90) days (the ?Embargo Period?) if: a) the modification is intended to address a newly-identified vulnerability or a security flaw in the Work, b) disclosure of the vulnerability or security flaw before the end of the Embargo Period would put the data, identity, or autonomy of one or more Recipients of the Work at significant risk, c) You are participating in a coordinated disclosure of the vulnerability or security flaw with one or more additional Licensees, and d) Access to the Source Code pertaining to the modification is provided to all Recipients at the end of the Embargo Period. 4.2. No Legal or Contractual Measures that Limit Access You may not contractually restrict a Recipient?s ability to independently exercise the permissions granted under this License. You waive any legal power to forbid circumvention of technical protection measures that include use of the Work, and You waive any claim that the capabilities of the Work were limited or modified as a means of enforcing the legal rights of third parties against Recipients. 4.3. Provide Notices and Attribution You must retain all licensing, authorship, or attribution notices contained in the Source Code (the ?Notices?), and provide all such Notices to each Recipient, together with a statement acknowledging the use of the Work. Notices may be provided directly to a Recipient or via an easy-to-find hyperlink to an Internet location also providing Access to Source Code. 4.4. Scope of Conditions in this License You are required to uphold the conditions of this License only relative to those who are Recipients of the Work from You. Other than providing Recipients with the applicable Notices and Access to Source Code nothing in this License requires You to provide processing services to or engage in network interactions with anyone. 4.5. Combined Work Exception As an exception to condition that You provide Recipients Access to Source Code, any Source Code files marked by the Licensor as having the ?Combined Work Exception,? or any object code exclusively resulting from Source Code files so marked, may be combined with other Software into a ?Larger Work.? So long as you comply with the requirements to provide Recipients the applicable Notices and Access to the Source Code provided to You by Licensor, any other Software in the Larger Work as well as the Larger Work as a whole may be licensed under the terms of your choice. 4.6 Respect for DID subject?s Privacy You may not use the permissions granted under this License to infringe, invade, breach, or otherwise fail to protect the privacy of any DID subject making use of the services provided by the Work. Privacy, for the purpose of this license, means a duty of care for the protection and confidentiality of any data generated by the operation of the Work, such as server logs or any other logs or metadata, that would enable the surveillance or correlation of the activities of the DID subject or other entities identified in the DID document by the Receiver or third parties, unless the Receiver is legally compelled otherwise. Further, the Receiver may not make use of, or give or sell any such generated data, or any data within a DID document, for any purpose other than to make DID documents resolvable. 5. Term and Termination The term of this License begins when You receive the Work, and continues until terminated for any of the reasons described herein, or until all Licensor?s intellectual property rights in the Software expire, whichever comes first (?Term?). This License cannot be revoked, only terminated for the reasons listed below. 5.1. Effect of Termination If this License is terminated for any reason, all permissions granted to You under Section 3 by any Licensor automatically terminate. You will immediately cease exercising any permissions granted in this License relative to the Work, including as part of any Modified Work. 5.2. Termination for Non-Compliance; Reinstatement This License terminates automatically if You fail to comply with any of the conditions in section 4. As a special exception to termination for non-compliance, Your permissions for the Work under this License will automatically be reinstated if You come into compliance with all the conditions in section 2 within sixty (60) days of being notified by Licensor or an intended third party beneficiary of Your noncompliance. You are eligible for reinstatement of permissions for the Work one time only, and only for the sixty days immediately after becoming aware of noncompliance. Loss of permissions granted for the Work under this License due to either a) sustained noncompliance lasting more than sixty days or b) subsequent termination for noncompliance after reinstatement, is permanent, unless rights are specifically restored by Licensor in writing. 5.3. Termination Due to Litigation If You initiate litigation against Licensor, or any Recipient of the Work, either direct or indirect, asserting that the Work directly or indirectly infringes any patent, then all permissions granted to You by this License shall terminate. In the event of termination due to litigation, all permissions validly granted by You under this License, directly or indirectly, shall survive termination. Administrative review procedures, declaratory judgment actions, counterclaims in response to patent litigation, and enforcement actions against former Licensees terminated under this section do not cause termination due to litigation. 6. Disclaimer of Warranty and Limit on Liability As far as the law allows, the Work comes AS-IS, without any warranty of any kind, and no Licensor or contributor will be liable to anyone for any damages related to this software or this license, under any kind of legal claim, or for any type of damages, including indirect, special, incidental, or consequential damages of any type arising as a result of this License or the use of the Work including, without limitation, damages for loss of goodwill, work stoppage, computer failure or malfunction, loss of profits, revenue, or any and all other commercial damages or losses. 7. Other Provisions 7.1. Affiliates An ?Affiliate? means any other entity that, directly or indirectly through one or more intermediaries, controls, is controlled by, or is under common control with, the Licensee. Employees of a Licensee and natural persons acting as contractors exclusively providing services to Licensee are also Affiliates. 7.2. Choice of Jurisdiction and Governing Law A Licensor may require that any action or suit by a Licensee relating to a Work provided by Licensor under this License may be brought only in the courts of a particular jurisdiction and under the laws of a particular jurisdiction (excluding its conflict-of-law provisions), if Licensor provides conspicuous notice of the particular jurisdiction to all Licensees. 7.3. No Sublicensing This License is not sublicensable. Each time You provide the Work or a Modified Work to a Recipient, the Recipient automatically receives a license under the terms described in this License. You may not impose any further reservations, conditions, or other provisions on any Recipients? exercise of the permissions granted herein. 7.4. Attorneys? Fees In any action to enforce the terms of this License, or seeking damages relating thereto, including by an intended third party beneficiary, the prevailing party shall be entitled to recover its costs and expenses, including, without limitation, reasonable attorneys? fees and costs incurred in connection with such action, including any appeal of such action. A ?prevailing party? is the party that achieves, or avoids, compliance with this License, including through settlement. This section shall survive the termination of this License. 7.5. No Waiver Any failure by Licensor to enforce any provision of this License will not constitute a present or future waiver of such provision nor limit Licensor?s ability to enforce such provision at a later time. 7.6. Severability 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. Any invalid or unenforceable portion will be interpreted to the effect and intent of the original portion. If such a construction is not possible, the invalid or unenforceable portion will be severed from this License but the rest of this License will remain in full force and effect. 7.7. License for the Text of this License The text of this license is released under the Creative Commons Attribution-ShareAlike 4.0 International License, with the caveat that any modifications of this license may not use the name ?Accountable Resolver License? or any name confusingly similar thereto to describe any derived work of this License. On 10/21/2024 10:39 AM, Victor Grey via License-review wrote: > To the OSI community, this is a request for approval for a new special-purpose open source license, as attached. The license is intended for software that provides registration and resolution services for Decentralized Identifiers (DIDs -https://w3c.github.io/did-core/). Such software may be used as a standalone service or incorporated into any other software to provide DID resolution services for any purpose, conditioned on it not being used to violate the privacy rights of end users of the service. > > It is based on the Cryptographic Autonomy License (CAL-1.0) and is identical to CAL-1.0 with the exceptions of section 1 and portions of section 4. > > * We believe and affirm that the license complies with the Open Source Definition, including specifically that it meets OSD 3, 5, 6 and 9. > > * The license is currently being used in a private beta of a Federated ID service offered by JLINC Labs, and is already planned to be incorporated in several other businesses, to become public this year or early next year. > > * The license steward and submitter is Victor Grey, on behalf of the Portable Data Corporation DBA JLINC Labs, reachable atvictor at jlinc.com. > > * The license shall be known as the Accountable Resolver License version 1.0. > > * There are no unique identifiers by other projects or proposed tags. > > * We believe it fills a gap in necessary privacy requirements for these types of services that we have found in no other license. > > * As stated above, it is based on CAL-1.0. > > * It has not been through any other legal review by us. > > Many thanks for your attention, > Victor Grey > > > _______________________________________________ > 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 > http://lists.opensource.org/mailman/listinfo/license-review_lists.opensource.org -------------- next part -------------- An HTML attachment was scrubbed... URL: