Thank you Luis,<div>I agree with the comment of John.</div><div>Patrice<br><br><div class="gmail_quote">2013/3/13 Luis Villa <span dir="ltr"><<a href="mailto:luis@tieguy.org" target="_blank">luis@tieguy.org</a>></span><br>
<blockquote class="gmail_quote" style="margin:0 0 0 .8ex;border-left:1px #ccc solid;padding-left:1ex">Thanks for your patience, Patrice-Emmanuel.<br>
<br>
I would ask that all list members read, review, and discuss the<br>
license in the near future. I'm still trying to figure out what a good<br>
calendar for license-review looks like, but suffice to say I'd like to<br>
give thumbs-up/thumbs-down in a more prompt manner than in recent<br>
times.<br>
<br>
I include below what John Cowan said on license-discuss, as part of<br>
the record of discussion:<br>
<br>
=======<br>
<br>
I see no changes that would affect its Open<br>
Source status, and I think OSI should fast-track it as soon as they get<br>
a formal submission. Here are the changes I see:<br>
<br>
1) The scope is extended from software to any kind of work.<br>
<br>
2) Additional agreements are extended from "support, warranty, indemnity,<br>
or other liability obligations" to any obligations whatsoever.<br>
<br>
3) References to the European Commission and the European Communities<br>
are updated to the EU.<br>
<br>
4) The list of licenses which can supersede the EUPL in the case of<br>
works that are dual-licensed has been extended to additional copyleft<br>
licenses as well as new versions of existing licenses. This provision<br>
allows you to take, for example, a EUPL+GPL work and treat it as licensed<br>
under the GPL only.<br>
<br>
=====<br>
<div><div class="h5"><br>
On Mon, Mar 11, 2013 at 2:56 PM, Patrice-Emmanuel Schmitz<br>
<<a href="mailto:pe.schmitz@googlemail.com">pe.schmitz@googlemail.com</a>> wrote:<br>
> Dear all,<br>
><br>
> The European Commission has launched a revision process for the EUPL<br>
> (European Union Public Licence).<br>
> The current version is 1.1 (OSI-approved in March 2009)<br>
> <a href="https://joinup.ec.europa.eu/software/page/eupl" target="_blank">https://joinup.ec.europa.eu/software/page/eupl</a><br>
> The new version (TXT file hereunder) includes little changes but increases<br>
> interoperability:<br>
> - Terminology revised according to the Lisbon treaty;<br>
> - Clarification concerning additional agreements and jurisdiction;<br>
> - Interoperability extended to GPLv3, AGPLv3, MPLv2, LGPLv2.1 & v3.<br>
> A pdf version where all changes (v1.1 -> v1.2) are visible and a Working<br>
> Paper are available on the public consultation forum page:<br>
> <a href="https://joinup.ec.europa.eu/community/eupl/topic/public-consultation-draft-eupl-v12" target="_blank">https://joinup.ec.europa.eu/community/eupl/topic/public-consultation-draft-eupl-v12</a>.<br>
> The public consultation was initiated mid December, will end on 15 march. EC<br>
> has already considered comments and will consider other suggestions as the<br>
> case may be.<br>
> Acting for the license steward EC (they asked me to do this), I submit the<br>
> attached draft version 1.2.<br>
> All subsequent modifications (if any other, after public consultation) will<br>
> be reported to License review and published on the public consultation<br>
> forum.<br>
> Remarks can also be done directly on the forum, allowing more visibility by<br>
> the community.<br>
><br>
><br>
> Kind regards,<br>
> Patrice-Emmanuel Schmitz<br>
> legal expert, Joinup.eu<br>
> <a href="mailto:pe.schmitz@googlemail.com">pe.schmitz@googlemail.com</a><br>
><br>
><br>
> European Union Public Licence<br>
> V. 1.2<br>
><br>
><br>
> EUPL © the European Union 2007, 2012<br>
><br>
><br>
> This European Union Public Licence (the “EUPL”) applies to the Work (as<br>
> defined below) which is provided under the terms of this Licence. Any use of<br>
> the Work, other than as authorised under this Licence is prohibited (to the<br>
> extent such use is covered by a right of the copyright holder of the Work).<br>
><br>
> The Original Work is provided under the terms of this Licence when the<br>
> Licensor (as defined below) has placed the following notice immediately<br>
> following the copyright notice for the Original Work:<br>
><br>
> Licensed under the EUPL<br>
><br>
> or has expressed by any other means his willingness to license under the<br>
> EUPL.<br>
><br>
> 1. Definitions<br>
><br>
> In this Licence, the following terms have the following meaning:<br>
><br>
> - The Licence: this Licence.<br>
><br>
> - The Original Work: the work or software distributed and/or communicated by<br>
> the Licensor under this Licence, available as Source Code and also as<br>
> Executable Code as the case may be.<br>
><br>
> - Derivative Works: the works or software that could be created by the<br>
> Licensee, based upon the Original Work or modifications thereof. This<br>
> Licence does not define the extent of modification or dependence on the<br>
> Original Work required in order to classify a work as a Derivative Work;<br>
> this extent is determined by copyright law applicable in the country<br>
> mentioned in Article 15.<br>
><br>
> - The Work: the Original Work and/or its Derivative Works.<br>
><br>
> - The Source Code: the human-readable form of the Work which is the most<br>
> convenient for people to study and modify.<br>
><br>
> - The Executable Code: any code which has generally been compiled and which<br>
> is meant to be interpreted by a computer as a program.<br>
><br>
> - The Licensor: the natural or legal person that distributes and/or<br>
> communicates the Work under the Licence.<br>
><br>
> - Contributor(s): any natural or legal person who modifies the Work under<br>
> the Licence, or otherwise contributes to the creation of a Derivative Work.<br>
><br>
> - The Licensee or “You”: any natural or legal person who makes any usage of<br>
> the Work under the terms of the Licence.<br>
><br>
> - Distribution and/or Communication: any act of selling, giving, lending,<br>
> renting, distributing, communicating, transmitting, or otherwise making<br>
> available, on-line or off-line, copies of the Work or providing access to<br>
> its essential functionalities at the disposal of any other natural or legal<br>
> person.<br>
><br>
> 2. Scope of the rights granted by the Licence<br>
><br>
> The Licensor hereby grants You a world-wide, royalty-free, non-exclusive,<br>
> sub-licensable licence to do the following, for the duration of copyright<br>
> vested in the Original Work:<br>
><br>
> - use the Work in any circumstance and for all usage,<br>
> - reproduce the Work,<br>
> - modify the Original Work, and make Derivative Works based upon the Work,<br>
> - communicate to the public, including the right to make available or<br>
> display the Work or copies thereof to the public and perform publicly, as<br>
> the case may be, the Work,<br>
> - distribute the Work or copies thereof,<br>
> - lend and rent the Work or copies thereof,<br>
> - sub-license rights in the Work or copies thereof.<br>
><br>
> Those rights can be exercised on any media, supports and formats, whether<br>
> now known or later invented, as far as the applicable law permits so.<br>
><br>
> In the countries where moral rights apply, the Licensor waives his right to<br>
> exercise his moral right to the extent allowed by law in order to make<br>
> effective the licence of the economic rights here above listed.<br>
><br>
> The Licensor grants to the Licensee royalty-free, non exclusive usage rights<br>
> to any patents held by the Licensor, to the extent necessary to make use of<br>
> the rights granted on the Work under this Licence.<br>
><br>
> 3. Communication of the Source Code<br>
><br>
> The Licensor may provide the Work either in its Source Code form, or as<br>
> Executable Code. If the Work is provided as Executable Code, the Licensor<br>
> provides in addition a machine-readable copy of the Source Code of the Work<br>
> along with each copy of the Work that the Licensor distributes or indicates,<br>
> in a notice following the copyright notice attached to the Work, a<br>
> repository where the Source Code is easily and freely accessible for as long<br>
> as the Licensor continues to distribute and/or communicate the Work.<br>
><br>
><br>
><br>
><br>
><br>
> 4. Limitations on copyright<br>
><br>
> Nothing in this Licence is intended to deprive the Licensee of the benefits<br>
> from any exception or limitation to the exclusive rights of the rights<br>
> owners in the Original Work, of the exhaustion of those rights or of other<br>
> applicable limitations thereto.<br>
><br>
> 5. Obligations of the Licensee<br>
><br>
> The grant of the rights mentioned above is subject to some restrictions and<br>
> obligations imposed on the Licensee. Those obligations are the following:<br>
><br>
> Attribution right: the Licensee shall keep intact all copyright, patent or<br>
> trademarks notices and all notices that refer to the Licence and to the<br>
> disclaimer of warranties. The Licensee must include a copy of such notices<br>
> and a copy of the Licence with every copy of the Work he/she distributes<br>
> and/or communicates. The Licensee must cause any Derivative Work to carry<br>
> prominent notices stating that the Work has been modified and the date of<br>
> modification.<br>
><br>
> Copyleft clause: If the Licensee distributes or communicates copies of the<br>
> Original Works or Derivative Works, this Distribution or Communication will<br>
> be done under the terms of this Licence or of a later version of this<br>
> Licence unless the Original Work is expressly distributed only under this<br>
> version of the Licence. The Licensee (becoming Licensor) cannot offer or<br>
> impose any additional terms or conditions on the Work or Derivative Work<br>
> that alter or restrict the terms of the Licence.<br>
><br>
> Compatibility clause: If the Licensee Distributes or Communicates Derivative<br>
> Works or copies thereof based upon both the Original Work and another work<br>
> licensed under a Compatible Licence, this Distribution or Communication can<br>
> be done under the terms of this Compatible Licence. For the sake of this<br>
> clause, “Compatible Licence” refers to the licences listed in the appendix<br>
> attached to this Licence. Should the Licensee’s obligations under the<br>
> Compatible Licence conflict with his/her obligations under this Licence, the<br>
> obligations of the Compatible Licence shall prevail.<br>
><br>
> Provision of Source Code: When distributing and/or communicating copies of<br>
> the Work, the Licensee will provide a machine-readable copy of the Source<br>
> Code or indicate a repository where this Source will be easily and freely<br>
> available for as long as the Licensee continues to distribute and/or<br>
> communicate the Work.<br>
><br>
> Legal Protection: This Licence does not grant permission to use the trade<br>
> names, trademarks, service marks, or names of the Licensor, except as<br>
> required for reasonable and customary use in describing the origin of the<br>
> Work and reproducing the content of the copyright notice.<br>
><br>
><br>
><br>
><br>
><br>
> 6. Chain of Authorship<br>
><br>
> The original Licensor warrants that the copyright in the Original Work<br>
> granted hereunder is owned by him/her or licensed to him/her and that he/she<br>
> has the power and authority to grant the Licence.<br>
><br>
> Each Contributor warrants that the copyright in the modifications he/she<br>
> brings to the Work are owned by him/her or licensed to him/her and that<br>
> he/she has the power and authority to grant the Licence.<br>
><br>
> Each time You accept the Licence, the original Licensor and subsequent<br>
> Contributors grant You a licence to their contributions to the Work, under<br>
> the terms of this Licence.<br>
><br>
> 7. Disclaimer of Warranty<br>
><br>
> The Work is a work in progress, which is continuously improved by numerous<br>
> Contributors. It is not a finished work and may therefore contain defects or<br>
> “bugs” inherent to this type of development.<br>
><br>
> For the above reason, the Work is provided under the Licence on an “as is”<br>
> basis and without warranties of any kind concerning the Work, including<br>
> without limitation merchantability, fitness for a particular purpose,<br>
> absence of defects or errors, accuracy, non-infringement of intellectual<br>
> property rights other than copyright as stated in Article 6 of this Licence.<br>
><br>
> This disclaimer of warranty is an essential part of the Licence and a<br>
> condition for the grant of any rights to the Work.<br>
><br>
> 8. Disclaimer of Liability<br>
><br>
> Except in the cases of wilful misconduct or damages directly caused to<br>
> natural persons, the Licensor will in no event be liable for any direct or<br>
> indirect, material or moral, damages of any kind, arising out of the Licence<br>
> or of the use of the Work, including without limitation, damages for loss of<br>
> goodwill, work stoppage, computer failure or malfunction, loss of data or<br>
> any commercial damage, even if the Licensor has been advised of the<br>
> possibility of such damage. However, the Licensor will be liable under<br>
> statutory product liability laws as far such laws apply to the Work.<br>
><br>
> 9. Additional agreements<br>
><br>
> While distributing the Original Work or Derivative Works, You may choose to<br>
> conclude an additional agreement, defining obligations and/or services<br>
> consistent with this Licence. However, if accepting obligations, You may act<br>
> only on your own behalf and on your sole responsibility, not on behalf of<br>
> the original Licensor or any other Contributor, and only if You agree to<br>
> indemnify, defend, and hold each Contributor harmless for any liability<br>
> incurred by, or claims asserted against such Contributor by the fact You<br>
> have accepted any warranty or additional liability.<br>
><br>
> 10. Acceptance of the Licence<br>
><br>
> The provisions of this Licence can be accepted by clicking on an icon “I<br>
> agree” placed under the bottom of a window displaying the text of this<br>
> Licence or by affirming consent in any other similar way, in accordance with<br>
> the rules of applicable law. Clicking on that icon indicates your clear and<br>
> irrevocable acceptance of this Licence and all of its terms and conditions.<br>
><br>
> Similarly, you irrevocably accept this Licence and all of its terms and<br>
> conditions by exercising any rights granted to You by Article 2 of this<br>
> Licence, such as the use of the Work, the creation by You of a Derivative<br>
> Work or the Distribution or Communication by You of the Work or copies<br>
> thereof.<br>
><br>
> 11. Information to the public<br>
><br>
> In case of any Distribution and/or Communication of the Work by means of<br>
> electronic communication by You (for example, by offering to download the<br>
> Work from a remote location) the distribution channel or media (for example,<br>
> a website) must at least provide to the public the information requested by<br>
> the applicable law regarding the Licensor, the Licence and the way it may be<br>
> accessible, concluded, stored and reproduced by the Licensee.<br>
><br>
> 12. Termination of the Licence<br>
><br>
> The Licence and the rights granted hereunder will terminate automatically<br>
> upon any breach by the Licensee of the terms of the Licence.<br>
><br>
> Such a termination will not terminate the licences of any person who has<br>
> received the Work from the Licensee under the Licence, provided such persons<br>
> remain in full compliance with the Licence.<br>
><br>
> 13. Miscellaneous<br>
><br>
> Without prejudice of Article 9 above, the Licence represents the complete<br>
> agreement between the Parties as to the Work.<br>
><br>
> If any provision of the Licence is invalid or unenforceable under applicable<br>
> law, this will not affect the validity or enforceability of the Licence as a<br>
> whole. Such provision will be construed and/or reformed so as necessary to<br>
> make it valid and enforceable.<br>
><br>
> The European Commission may publish other linguistic versions and/or new<br>
> versions of this Licence and/or updated versions of the Appendix, so far<br>
> this is required and reasonable, without reducing the scope of the rights<br>
> granted by the Licence. New versions of the Licence will be published with a<br>
> unique version number.<br>
><br>
> All linguistic versions of this Licence, approved by the European<br>
> Commission, have identical value. Parties can take advantage of the<br>
> linguistic version of their choice.<br>
><br>
><br>
> 14. Jurisdiction<br>
><br>
> Without prejudice to specific agreement between parties,<br>
> - any litigation resulting from the interpretation of this License, arising<br>
> between the European Union institutions, bodies, offices or agencies, as a<br>
> Licensor, and any Licensee, will be subject to the jurisdiction of the Court<br>
> of Justice of the European Union, as laid down in article 272 of the Treaty<br>
> on the Functioning of the European Union,<br>
> - any litigation arising between other parties and resulting from the<br>
> interpretation of this License, will be subject to the exclusive<br>
> jurisdiction of the competent court where the Licensor resides or conducts<br>
> its primary business.<br>
><br>
> 15. Applicable Law<br>
><br>
> Without prejudice to specific agreement between parties,<br>
> - this Licence shall be governed by the law of the European Union Member<br>
> State where the Licensor has his seat, resides or has his registered office,<br>
> - this licence shall be governed by Belgian law if the Licensor has no seat,<br>
> residence or registered office inside a European Union Member State.<br>
><br>
> ===<br>
><br>
><br>
> Appendix<br>
><br>
><br>
><br>
> “Compatible Licences” according to Article 5 EUPL are:<br>
><br>
><br>
> - GNU General Public License (GPL) v. 2, v. 3<br>
><br>
> - GNU Affero General Public License (AGPL) v. 3<br>
><br>
> - Open Software License (OSL) v. 2.1, v. 3.0<br>
><br>
><br>
> - Eclipse Public License (EPL) v. 1.0<br>
><br>
> - Cecill v. 2.0, v.2.1<br>
><br>
> - Mozilla Public Licence (MPL) v. 2<br>
><br>
> - GNU Lesser General Public Licence (LGPL) v. 2.1, v. 3<br>
><br>
> - Creative Commons Attribution-ShareAlike v. 3.0 Unported (CC BY-SA 3.0) for<br>
> works other than software<br>
><br>
> - European Union Public Licence (EUPL), any version as from v. 1.1<br>
><br>
> The European Commission may:<br>
> - update this Appendix to later versions of the above licences without<br>
> producing a new version of the EUPL.<br>
> - extend this Appendix to new licences providing the rights granted in<br>
> Article 2 of this Licence and protecting the covered Source Code from<br>
> exclusive appropriation.<br>
><br>
</div></div>> _______________________________________________<br>
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><br>
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</blockquote></div><br><br clear="all"><div><br></div>-- <br>Patrice-Emmanuel Schmitz<br><a href="mailto:pe.schmitz@googlemail.com">pe.schmitz@googlemail.com</a><br>tel. + 32 478 50 40 65
</div>