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<p>Hi Andrew,</p>
<p>Thank you for your comments. I don't disagree with any of them,
but I think that it's a bigger question than license
interpretation.<br>
</p>
<p>As we both read it, Section 4 says that one is obliged to provide
Complete Source and that, further, the Complete Source is Covered
Source, meaning that the Complete Source must be licensed under
the CERN-OHL-S license (or a Compatible License). The question is
whether that is consistent with the OSD in the case where that
requirement is imposed as a function of contract law, not
copyright law.</p>
<p>Back to my compiler example, the source for the compiler is part
of the Complete Source because it is Source necessary for Making
the Product. (We'll assume for purposes of discussion that it's
not an Available Component, for which the requirement would be
excused.) And Section 4 says Complete Source is Covered Source,
meaning I can only use a compiler that is under the CERN-OHL-S
license. That is what makes this strong copyleft versus the weak
copyleft version of the license. However, it isn't copyright law
that gives you the right to impose this obligation. I would not be
infringing the copyright in the CERN-OHL-S licensed work if I was
using a proprietary compiler for which I could not give you the
source; the compiler isn't a copy nor a derivative work of the
CERN-OHL-S licensed work (nor making it available, displaying,
etc.), so using it to Make the Product is not a copyright
infringement. Instead, this requirement that the Source for the
compiler must be under the CERN-OHL-S license is an obligation
created solely as a creature of contract law. <br>
</p>
<p>If you have a theory why requiring that my compiler has to be
under the CERN-OHL-S is a functioning of copyright law, I'm all
ears.<br>
</p>
<p>And the question more for everyone, if I've interpreted the
license correctly, does this violate OSD 9, "License Must Not
Restrict Other Software"? The explanatory text of OSD 9 is "The
license must not place restrictions on other software that is
distributed along with the licensed software. For example, the
license must not insist that all other programs distributed on the
same medium must be open-source software." Is saying that the
compiler has to be under the CERN-OHL-S license an impermissible
restriction under OSD 9? Is the compiler "other software" "along
with" the CERN-OHL-S licensed software that is being improperly
restricted? <br>
</p>
<p>Pam<br>
</p>
<br>
<p>Pamela S. Chestek<br>
Chestek Legal<br>
PO Box 2492<br>
Raleigh, NC 27602<br>
<a class="moz-txt-link-abbreviated" href="mailto:pamela@chesteklegal.com">pamela@chesteklegal.com</a><br>
(919) 800-8033<br>
</p>
<div class="moz-cite-prefix">On 10/12/20 4:33 AM, Andrew Katz wrote:<br>
</div>
<blockquote type="cite"
cite="mid:B27C1ACA-E5A3-47DC-96B9-598051152FD4@gmail.com">
<meta http-equiv="Content-Type" content="text/html; charset=UTF-8">
<div class="">
<div class="" style="margin: 0px; font-stretch: normal;
line-height: normal; font-family: "Helvetica Neue";">Hi
Pam</div>
<div class="" style="margin: 0px; font-stretch: normal;
line-height: normal; font-family: "Helvetica Neue";
min-height: 14px;"><br class="">
</div>
<div class="" style="margin: 0px; font-stretch: normal;
line-height: normal; font-family: "Helvetica Neue";">Many
thanks for your comments on License-discuss. We really
appreciate the time you (and others) have spent carefully
reviewing the text. I’m sorry we didn’t respond more quickly,
but we wanted to consider your points carefully. </div>
<div class="" style="margin: 0px; font-stretch: normal;
line-height: normal; font-family: "Helvetica Neue";
min-height: 14px;"><br class="">
</div>
<div class="" style="margin: 0px; font-stretch: normal;
line-height: normal; font-family: "Helvetica Neue";">Your
first point covers the terms “Make” and “Complete Source”. We
did not intend this to be so broad that it causes any tools
(in the broadest sense - so that would include hammers,
milling machines or compilers) to be included in the Complete
Source. It’s an unfortunate fact of life in open hardware that
many of the tools (HDL compilers for example) are proprietary,
so it would have been unrealistic to require that they were.
That “Make” includes both “assembly” and “compiling” implies
that the assembler and the compiler aren’t themselves to be
included in the Complete Source. Even if the tools had been
included in the Complete Source, they would be “…part of the
normal distribution of a tool used to design or Make the
Product”, they are themselves Available Components, which
means you only have provide sufficient information to “source
and use” it (Sec. 1.8), but not any source code for that
component, or any licence. The reason for that carve-out in
1.8 is that HDL compilers as well as (as you know) software
compilers often include derivatives of themselves or
components supplied with them in the output (whether it’s
standard libraries or primitives etc.), so to be realistic, we
had to allow for those libraries, primitives etc. to be
regarded as Available Components and therefore to be allowed
to be provided under their own licences (of course, it may be
the case that, under the licensing terms for proprietary
tools, there remains an incompatibility problem under the
CERN-OHL-S even with this carve-out, but there is,
unfortunately, nothing we can do about that because it is
caused by the proprietary tool’s licensing terms).</div>
<div class="" style="margin: 0px; font-stretch: normal;
line-height: normal; font-family: "Helvetica Neue";
min-height: 14px;"><br class="">
</div>
<div class="" style="margin: 0px; font-stretch: normal;
line-height: normal; font-family: "Helvetica Neue";">Turning
to Sections 3 and 4, I understand the confusion (and this was
part of the wording which we agonized over at length, but
possibly not enough!). The logic is as follows:</div>
<div class="" style="margin: 0px; font-stretch: normal;
line-height: normal; font-family: "Helvetica Neue";
min-height: 14px;"><br class="">
</div>
<div class="" style="margin: 0px; font-stretch: normal;
line-height: normal; font-family: "Helvetica Neue";">Section
3 deals with copying, modifying and Conveying Covered Source,
and section 4 deals with making and Conveying Products. We
wanted to make sure that someone conveying products also made
the source available.</div>
<div class="" style="margin: 0px; font-stretch: normal;
line-height: normal; font-family: "Helvetica Neue";">The
first sentence in Section 4 tells the licensee to make the
Complete Source available, and the second sentence is intended
to make sure that that Complete Source that has just been made
available in sentence 1 is licensed under the CERN-OHL-S.
That’s what we meant by “That Complete Source is Covered
Source”. Maybe “That Complete Source becomes Covered Source”
or “That Complete Source shall be regarded as Covered Source”
would have been better. So then, because that Complete Source
is now regarded as Covered Source, You must comply with the
obligations in section 3.3. (which require you to license it
under the CERN-OHL-S, except that there is an explicit
carve-out for Available Components, which remain licensed
under their own licences). </div>
<div class="" style="margin: 0px; font-stretch: normal;
line-height: normal; font-family: "Helvetica Neue";
min-height: 14px;"><br class="">
</div>
<div class="" style="margin: 0px; font-stretch: normal;
line-height: normal; font-family: "Helvetica Neue";">The
reason that we used the word “includes” instead of “is” in the
W variant is because it’s clearer in that case that there may
be components which are outside the scope of the
copyleft/reciprocity requirement, and also that the Complete
Source may itself be for a larger work which need not be
completely released under the CERN-OHL-W (similar to LGPL). </div>
</div>
<div class=""><br class="">
</div>
<div class="">Regarding the obligation to supply Complete Source
upon distribution of modified designs and products, the key word
in 1.8 is "also". Quoting from the licence text: "If the format
is proprietary, it must also be made available in a format (if
the proprietary tool can create it) which is viewable with a
tool available to potential licensees and licensed under a
licence approved by the Free Software Foundation or the Open
Source Initiative."</div>
<div class=""><br class="">
This means that the licensee always needs to supply the design
sources, "in the preferred form for making modifications". This
form may well be in a proprietary format, and that is OK.<br
class="">
<br class="">
I think an example will help here. Many of the Printed Circuit
Board (PCB) designs published in <a href="http://ohwr.org"
class="" moz-do-not-send="true">ohwr.org</a> were drawn using
Altium Designer, a proprietary PCB design tool. Others were
designed using KiCad, a FOSS tool. What 1.8. says is that, if
you have used Altium Designer, you should also publish your
designs in e.g. pdf format. This is a format that Altium can
export to and which anyone can read using FOSS tools. It
definitely has shortcomings (you cannot easily edit a PCB design
in pdf, and you will likely lose a lot of information if you
try) but it will allow people to see the schematics of the
design without the need for an Altium licence. This does not
mean that the Altium files need not be published. They need to,
by virtue of the "in the preferred form for making
modifications" part.</div>
<div class=""><br class="">
</div>
<div class="">I hope this is helpful.</div>
<div class=""><br class="">
</div>
<div class="">All the best</div>
<div class=""><br class="">
</div>
<div class=""><br class="">
</div>
<div class="">Andrew</div>
<br class="">
<div><br class="">
<blockquote type="cite" class="">
<div class="">On 5 Oct 2020, at 02:23, Pamela Chestek <<a
href="mailto:pamela@chesteklegal.com" class=""
moz-do-not-send="true">pamela@chesteklegal.com</a>>
wrote:</div>
<br class="Apple-interchange-newline">
<div class="">
<meta http-equiv="Content-Type" content="text/html;
charset=UTF-8" class="">
<div class="">
<p class="">I am reading a problem with OSD 9 for the
Strong Reciprocal version only.</p>
<p class="">It starts with Section 4 which says "You may
Make Products and/or Convey them, provided that You ...
provide each recipient with a copy of the Complete
Source .... That Complete Source <i class=""><b
class="">is</b></i> Covered Source ...." (emphasis
added).<br class="">
</p>
<p class="">The problem is that Complete Source includes
source that may be an independent component under a
different license. Complete Source (section 1.8) is "the
set of all Source necessary to Make a Product ...." To
Make (section 1.6) means "to create or configure
something, whether by manufacture, assembly, compiling,
loading, or applying Covered Source to another Product
or otherwise." If I use a proprietary complier then that
is Making, and the code for the compiler is part of the
Complete Source, which according to section 4 is also
Covered Source, i.e., it must be licensed under the
CERN-OHL-S-2.0 license. This reach-through to militate a
specific license for software that is not a derivative
work in my opinion violates OSD 9 (although I'd be
curious whether others agree - keeping in mind that is
the complaint about licenses like SSPL).<br class="">
</p>
<p class="">This problem doesn't exist in the Weak
Reciprocal version of the license because Section 4 uses
the word "includes" instead of "is," i.e., "That
Complete Source includes Covered Source ...."</p>
<p class="">I also point out the parenthetical in Section
1.8 in both copyleft licenses that says "(if the
proprietary tool can create it)." One is excused from
providing source in a readable format if a proprietary
tool cannot create it. That's the same as not having an
obligation to provide source at all in some
circumstances. I don't believe that's prevents the
licenses from being approved because providing source
code is not required by the OSD, but it is an oddity.
For example, the design files are licensed to your for
modification but the rights can't be used because you
don't have the source.<br class="">
</p>
<p class="">Pam</p>
<p class=""><br class="">
Pamela S. Chestek<br class="">
Chestek Legal<br class="">
PO Box 2492<br class="">
Raleigh, NC 27602<br class="">
919-800-8033<br class="">
<a class="moz-txt-link-abbreviated"
href="mailto:pamela@chesteklegal.com"
moz-do-not-send="true">pamela@chesteklegal.com</a><br
class="">
<a class="moz-txt-link-abbreviated"
href="http://www.chesteklegal.com/"
moz-do-not-send="true">www.chesteklegal.com</a></p>
<div class="moz-cite-prefix">On 6/29/20 7:21 AM, Andrew
wrote:<br class="">
</div>
<blockquote type="cite"
cite="mid:91FAA873-B2C9-4F9E-B8D7-E0C2FF332782@gmail.com"
class="">
<meta http-equiv="Content-Type" content="text/html;
charset=UTF-8" class="">
Hi All
<div class=""><br class="">
</div>
<div class="">
<div class="" style="margin: 0px;">
<div class="" style="margin: 0px;"><font class=""
style="font-stretch: normal; line-height:
normal; font-family: "Helvetica
Neue";" face="Helvetica Neue">For Approval
– CERN Open Hardware Licence Version 2– Strongly
Reciprocal (SPDX: CERN-OHL-S-2.0) </font></div>
<div class="" style="margin: 0px;"><font class=""
style="font-stretch: normal; line-height:
normal; font-family: "Helvetica
Neue";" face="Helvetica Neue">For Approval
– CERN Open Hardware Licence Version 2– Weakly
Reciprocal (SPDX: CERN-OHL-W-2.0)</font></div>
<div class="" style="margin: 0px;"><font class=""
style="font-stretch: normal; line-height:
normal; font-family: "Helvetica
Neue";" face="Helvetica Neue">For Approval
– CERN Open Hardware Licence Version 2–
Permissive (SPDX: CERN-OHL-P-2.0)</font></div>
<div class="" style="margin: 0px;"><font class=""
face="Helvetica Neue">(The text of each licence
is available here: <a
href="https://ohwr.org/project/cernohl/wikis/Documents/CERN-OHL-version-2"
class="" moz-do-not-send="true">https://ohwr.org/project/cernohl/wikis/Documents/CERN-OHL-version-2</a> and
follow the text of this email). </font></div>
</div>
<div style="margin: 0px; min-height: 14px;" class=""><font
class="" style="font-stretch: normal; line-height:
normal; font-family: "Helvetica Neue";"
face="Helvetica Neue"> </font><br
class="webkit-block-placeholder">
</div>
<div class="" style="margin: 0px;"><font class=""
style="font-stretch: normal; line-height: normal;
font-family: "Helvetica Neue";"
face="Helvetica Neue">Kindly consider the suite of
three CERN Open Hardware Licences for approval by
the OSI. We are submitting for approval, as
opposed to legacy approval, because Version 2 has
only been finalised and released for general use
in March of this year (2020). Version 2 is a
radical overhaul of the previous version, and now
consists of the three variants, which differ on
the strength of their reciprocal/copyleft effect. </font></div>
<div class="" style="margin: 0px; font-stretch:
normal; line-height: normal; font-family:
"Helvetica Neue"; min-height: 14px;"><br
class="">
</div>
<div class="" style="margin: 0px;"><font class=""
style="font-stretch: normal; line-height: normal;
font-family: "Helvetica Neue";"
face="Helvetica Neue">The licence steward is the
European Organization for Nuclear Research, better
known as CERN, based in Geneva, Switzerland. CERN
commenced its open hardware licensing programme in
2011 with the release of version 1 of the CERN-OHL
(we are not asking for any previous versions to be
considered for OSI approval, which is limited to
version 2). </font></div>
<div class="" style="margin: 0px; font-stretch:
normal; line-height: normal; font-family:
"Helvetica Neue"; min-height: 15px;"><br
class="">
</div>
<div class="" style="margin: 0px;"><font class=""
style="font-stretch: normal; line-height: normal;
font-family: "Helvetica Neue";"
face="Helvetica Neue"><b class="">Rationale</b>:
Clearly state rationale for a new license</font></div>
<div style="margin: 0px; min-height: 14px;" class=""><font
class="" style="font-stretch: normal; line-height:
normal; font-family: "Helvetica Neue";"
face="Helvetica Neue"> </font><br
class="webkit-block-placeholder">
</div>
<div class="" style="margin: 0px;"><font class=""
style="font-stretch: normal; line-height: normal;
font-family: "Helvetica Neue";"
face="Helvetica Neue">CERN believes that open
science and technology are of global importance.
Open science accelerates development and maximises
the positive impacts on society. In addition open
science is a tool for reducing inequality. Where
developing nations lack access to scientific
developments and technology, the gap between them
and the more developed nations increases. Open
science helps to close that gap.</font></div>
<div style="margin: 0px; min-height: 14px;" class=""><font
class="" style="font-stretch: normal; line-height:
normal; font-family: "Helvetica Neue";"
face="Helvetica Neue"> </font><br
class="webkit-block-placeholder">
</div>
<div class="" style="margin: 0px;"><font class=""
style="font-stretch: normal; line-height: normal;
font-family: "Helvetica Neue";"
face="Helvetica Neue">Open science and education
need open technology, which can consist of both
software and hardware. Friction-free access to
software and hardware is crucial to enabling open
science. This principle is at the heart of the
rationale for the CERN OHL. Open source software
is well known and understood and is well served
(possibly too well served) by a large number of
licences. In contrast, the field of open source
hardware is not as mature as open source software,
and only a small number of licences have been
drafted to cover open source hardware (the most
prominent being the CERN OHL, the TAPR OHL and the
Solderpad Hardware License). </font></div>
<div class="" style="margin: 0px; font-stretch:
normal; line-height: normal; font-family:
"Helvetica Neue"; min-height: 14px;"><br
class="">
</div>
<div class="" style="margin: 0px;"><font class=""
style="font-stretch: normal; line-height: normal;
font-family: "Helvetica Neue";"
face="Helvetica Neue">Frequently, hardware designs
are released under open source software licences
(such as Apache 2.0, GPLv3 and BSD). We believe
that these are not ideally suited to hardware,
because the terminology is often inappropriate
(for example “source code” and “object code”),
they may fail to recognise some forms
of intellectual property rights which are
relevant to some forms of hardware design (for
example, database rights in the EU which may be
applicable to netlists used to create printed
circuit boards), and, for reciprocal/copyleft
licences, the scope of the reciprocal/copyleft
requirements in relation to other designs which
are integrated into or interfaced with a
particular design is unclear. </font></div>
<div class="" style="margin: 0px; font-stretch:
normal; line-height: normal; font-family:
"Helvetica Neue"; min-height: 14px;"><br
class="">
</div>
<div class="" style="margin: 0px;"><font class=""
style="font-stretch: normal; line-height: normal;
font-family: "Helvetica Neue";"
face="Helvetica Neue">The CERN-OHL licences, and
most specifically the suite of licences we have
released as version 2, are designed to address
these issues, and cover as broad a range of
hardware as possible, from artistic and sculptural
works, to mechanical devices, to electronic
devices, and finally to hardware described using
Hardware Description Languages (HDL) resulting in
the configuration of FPGAs or the manufacturing of
ASICs. Each of these types of hardware represents
a point along a spectrum from “hardness” to
“softness”, in that HDL code looks very similar to
software code, and can be developed, tested, in a
similar way to software, and the bitstream (object
code) can be loaded onto an FPGA in much the same
way that firmware, clearly software, and a hair’s
breadth on the other side of the hardware/software
divide, can be loaded into NVRAM. </font></div>
<div class="" style="margin: 0px; font-stretch:
normal; line-height: normal; font-family:
"Helvetica Neue"; min-height: 14px;"><br
class="">
</div>
<div class="" style="margin: 0px;"><font class=""
style="font-stretch: normal; line-height: normal;
font-family: "Helvetica Neue";"
face="Helvetica Neue">For this reason, we
explicitly designed the suite of CERN-OHL licences
to be applicable, at the licensor’s option, to
software. We fully expect that much software
associated with hardware (for example, firmware)
will continue to be licensed under existing OSI
licences such as GPLv3. However, we considered it
important that licensors have the option of
licensing the entire design, including circuit
boards, HDL files, and firmware, under a single
licence, CERN OHL, if they wish. Indeed, in order
not to fragment the commons created by GPLv2 and
GPLv3, one of those licences (or GPLv2 or later)
may remain a more appropriate licence. However, we
would ask in this case that Licensors consider
dual licensing the software portions of their
design under GPLv2+ or GPLv3 to facilitate
compatibility with third party components licensed
under those licences. </font></div>
<div class="" style="margin: 0px; font-stretch:
normal; line-height: normal; font-family:
"Helvetica Neue"; min-height: 14px;"><br
class="">
</div>
<div class="" style="margin: 0px;"><font class=""
style="font-stretch: normal; line-height: normal;
font-family: "Helvetica Neue";"
face="Helvetica Neue">We also recognise that
different communities have different needs, and in
the same way that open source software has
thriving projects licensed under GPL, LGPL and
Apache, we wish to allow hardware licensors the
option to select a strong reciprocal (copyleft)
licence, a weak reciprocal (copyleft) licence, or
a permissive licence. </font></div>
<div class="" style="margin: 0px; font-stretch:
normal; line-height: normal; font-family:
"Helvetica Neue"; min-height: 14px;"><br
class="">
</div>
<div class="" style="margin: 0px;"><font class=""
style="font-stretch: normal; line-height: normal;
font-family: "Helvetica Neue";"
face="Helvetica Neue">Note that we are not
attempting to create or assert any new forms of
intellectual property right. The licence
explicitly acknowledges that there is no attempt
to restrict fair use, fair dealing or any similar
right. </font></div>
<div class="" style="margin: 0px; font-stretch:
normal; line-height: normal; font-family:
"Helvetica Neue"; min-height: 14px;"><br
class="">
</div>
<div class="" style="margin: 0px;"><font class=""
style="font-stretch: normal; line-height: normal;
font-family: "Helvetica Neue";"
face="Helvetica Neue">As an internationally
respected organisation, CERN has an obligation and
a responsibility to be a leader in this field. We
are in an almost unique position to provide a
suite of licences which we believe cover the
broadest set of use-cases in open hardware, and
thus make it unnecessary for almost any project to
select a third party licence, and thus limit
licence proliferation within the field of open
hardware before it has even started to become a
significant problem. It can be argued that almost
every open source software project can be well
served by selecting either Apache 2.0, Mozilla 2.0
or GPLv3. We believe our suite of licences provide
a similar set of options for hardware, but all
within the same family. </font></div>
<div style="margin: 0px; min-height: 14px;" class=""><font
class="" style="font-stretch: normal; line-height:
normal; font-family: "Helvetica Neue";"
face="Helvetica Neue"> </font><br
class="webkit-block-placeholder">
</div>
<div class="" style="margin: 0px;"><font class=""
style="font-stretch: normal; line-height: normal;
font-family: "Helvetica Neue";"
face="Helvetica Neue"><b class="">Distinguish</b>:
Compare to and contrast with the most similar
OSI-approved license(s)</font></div>
<div style="margin: 0px; min-height: 14px;" class=""><font
class="" style="font-stretch: normal; line-height:
normal; font-family: "Helvetica Neue";"
face="Helvetica Neue"> </font><br
class="webkit-block-placeholder">
</div>
<div class="" style="margin: 0px;"><font class=""
style="font-stretch: normal; line-height: normal;
font-family: "Helvetica Neue";"
face="Helvetica Neue">This is a dual domain set of
licences. As the name suggests, it is primarily a
set of open hardware licences, but can also be
used for software. As such there is no existing
licence to directly compare and contrast it with.
It can obliquely be compared to the existing Open
Font Licence, which is an OSI approved licence
designed for artistic works which can be described
(and are, within the licence described) as
software. By analogy, HDL can be described as
software (and indeed, is software when run on a
simulator). </font></div>
<div class="" style="margin: 0px; font-stretch:
normal; line-height: normal; font-family:
"Helvetica Neue"; min-height: 14px;"><br
class="">
</div>
<div class="" style="margin: 0px;"><font class=""
style="font-stretch: normal; line-height: normal;
font-family: "Helvetica Neue";"
face="Helvetica Neue">To the extent that the CERN
OHL family of licences are strongly reciprocal,
weakly reciprocal and permissive, they are
probably most closely comparable to GPLv3, Mozilla
2.0 and Apache 2.0. However, as stated in the
rationale, we believe that these are licences are
unsuitable for hardware. </font></div>
<div style="margin: 0px; min-height: 14px;" class=""><font
class="" style="font-stretch: normal; line-height:
normal; font-family: "Helvetica Neue";"
face="Helvetica Neue"> </font><br
class="webkit-block-placeholder">
</div>
<div class="" style="margin: 0px;"><font class=""
style="font-stretch: normal; line-height: normal;
font-family: "Helvetica Neue";"
face="Helvetica Neue"><b class="">Legal review</b>:
Describe any legal review the license has been
through, and provide results of any legal analysis
if available</font></div>
<div style="margin: 0px; min-height: 14px;" class=""><font
class="" style="font-stretch: normal; line-height:
normal; font-family: "Helvetica Neue";"
face="Helvetica Neue"> </font><br
class="webkit-block-placeholder">
</div>
<div class="" style="margin: 0px;"><font class=""
style="font-stretch: normal; line-height: normal;
font-family: "Helvetica Neue";"
face="Helvetica Neue">The suite of licences was
based on work by the lawyers at the knowledge
transfer team at CERN to produce version 1, and
subsequent versions (including the version 2
submitted here) have been developed by a core team
of drafters, Javier Serrano (CERN) with an
engineering and open source software and open
hardware background, Myriam Ayass (a lawyer and
knowledge transfer/IP specialist) and Andrew Katz
(lawyer and open source software and hardware
specialist). Between them, Myriam and Andrew cover
the domains of both civil law and common law.
Version 2.0 of the licence suite has been
developed with input from organisations including
the FOSSi Foundation, and the OSHWA, with specific
legal input on drafts from OSHWA. Further, the
drafts have been submitted for comment to the
European Legal Network mailing list (which despite
its title, has participants from all around the
world, consisting of over 400 lawyers, engineers
and compliance specialists, all working in the
domain of open source). The drafts have been
presented at a number of conferences (including
the legal devroom at FOSDEM in 2019). A number of
lawyers have published commentary on the
documents, including Kyle Mitchell: <a
href="https://writing.kemitchell.com/2020/04/01/CERN-OHL-S-2.0.html"
class="" moz-do-not-send="true"><u class="">https://writing.kemitchell.com/2020/04/01/CERN-OHL-S-2.0.html</u></a></font></div>
<div style="margin: 0px; min-height: 14px;" class=""><font
class="" style="font-stretch: normal; line-height:
normal; font-family: "Helvetica Neue";"
face="Helvetica Neue"> </font><br
class="webkit-block-placeholder">
</div>
<div class="" style="margin: 0px;"><font class=""
style="font-stretch: normal; line-height: normal;
font-family: "Helvetica Neue";"
face="Helvetica Neue"><b class="">Proliferation
category</b>: Special purpose: the licence suite
has been designed to apply to hardware, and also
to software which has been embedded in, and used
in conjunction with, hardware. However, it is also
capable of being used as a general purpose open
source software licence, and the weak copyleft
variant can be used to provide a licensing
environment to allow for a software component
which itself is subject to copyleft (i.e. any
derivative works must be released under the same
licence), but may contain components or libraries
which are under a different licence, so long as
interfacing information is made available. This in
some ways complements the effect of LGPL (which
allows works which contain software licensed under
it to be licensed under a different licence) by
allowing a work under CERN-OHL-W to contain
components which are licensed under different
licences. We believe no open source software
licence currently approved by OSI has this effect
(potentially useful for new technologies like
containers), but in any event, this is not an
attribute included by design for software. Please
note that organisations such as IEEE recognise
that software may be licensed under the CERN-OHL: <a
href="https://opensource.ieee.org/community/cla/cern-ohl/-/blob/master/IEEE%20Entity%20CLA_CERN%201.2%20License_v2.0_01012020.pdf"
class="" moz-do-not-send="true"><u class="">https://opensource.ieee.org/community/cla/cern-ohl/-/blob/master/IEEE%20Entity%20CLA_CERN%201.2%20License_v2.0_01012020.pdf</u></a></font></div>
<div class="" style="margin: 0px; font-stretch:
normal; line-height: normal; font-family:
"Helvetica Neue"; min-height: 14px;"><br
class="">
</div>
<div class="" style="margin: 0px;"><font class=""
style="font-stretch: normal; line-height: normal;
font-family: "Helvetica Neue";"
face="Helvetica Neue"><b class="">Licenses that
are popular and widely used or with strong
communities:</b> the CERN OHL has a strong
community. There are several hundred projects
using variants of the CERN-OHL listed on the Open
Hardware Repository (<a href="http://ohwr.org/"
class="" moz-do-not-send="true"><u class="">ohwr.org</u></a>)
as well as projects in other repositories such as
Thingiverse, Github and Gitlab: for example a
recent search on GitHub for the text “CERN Open”
in the license files attached to projects returns
1,512 results. The CERN OHL suite of licences are
recommended by the Open Source Hardware
Association. </font></div>
<div class="" style="margin: 0px; font-stretch:
normal; line-height: normal; font-family:
"Helvetica Neue"; min-height: 14px;"><br
class="">
</div>
<div class="" style="margin: 0px;"><font class=""
style="font-stretch: normal; line-height: normal;
font-family: "Helvetica Neue";"
face="Helvetica Neue"><b class="">Rationale for
Submission to the OSI for consideration</b></font></div>
<div class="" style="margin: 0px;"><font class=""
style="font-stretch: normal; line-height: normal;
font-family: "Helvetica Neue";"
face="Helvetica Neue">Whilst acknowledging the the
CERN-OHL suite of licences are not primarily
drafted to cover software, we maintain that they
have a valid use-case for software, particularly
for firmware which is embedded in a hardware
device released under a variant of the CERN-OHL.
There are organisations which (wisely) limit
their use of open source licences to those which
have been approved by OSI, and the CERN-OHL is
currently precluded from adoption from such
organisations, unless we can convince them to
amend their licence acceptance criteria to either
add CERN-OHL as an exception, or to recognise that
the restriction only applies to software as such.
However, the latter approach would prevent them
from using the CERN-OHL in relation to software,
which could lead to devices which are currently
licensed as a whole (including firmware) under a
single licence, from having to be licensed under
separate licences for the hardware and the
software. </font></div>
<div class="" style="margin: 0px; font-stretch:
normal; line-height: normal; font-family:
"Helvetica Neue"; min-height: 14px;"><br
class="">
</div>
<div class="" style="margin: 0px;"><font class=""
style="font-stretch: normal; line-height: normal;
font-family: "Helvetica Neue";"
face="Helvetica Neue">We note that the OSI has
already approved the SIL Open Font Licence, and
suggest that there is already precedent for a
licence be approved covering works which are
predominantly not software, and which is commonly
applied to works which are not software. </font></div>
<div class="" style="margin: 0px; font-stretch:
normal; line-height: normal; font-family:
"Helvetica Neue"; min-height: 14px;"><br
class="">
</div>
<div class="" style="margin: 0px;"><font class=""
style="font-stretch: normal; line-height: normal;
font-family: "Helvetica Neue";"
face="Helvetica Neue">In addition, we believe that
approval of the CERN-OHL suite of licences by the
OSI would lead to a reduction of licence
proliferation in the world of open hardware. In
particular, there are many hardware projects
licensed under the MIT, BSD and Apache 2.0
licences, all of which are OSI approved. Adoption
of the permissive variant of CERN-OHL will provide
a single OSI approved permissive licence
specifically tailored for use with open source
hardware. </font></div>
<div class="" style="margin: 0px; font-stretch:
normal; line-height: normal; font-family:
"Helvetica Neue"; min-height: 14px;"><br
class="">
</div>
<div class="" style="margin: 0px;"><font class=""
style="font-stretch: normal; line-height: normal;
font-family: "Helvetica Neue";"
face="Helvetica Neue">Finally, we note that there
is a rapid increase in enquiries about open
hardware linked specifically to the COVID-19
crisis. We believe that open licensing is the best
way to reduce friction and allow innovators to
collaborate and share designs, information,
knowledge, insights and expertise. The ultimate
goal of the CERN-OHL suite of licences is to get
out of the way of collaboration, enable people to
stop worrying about licensing issues and get on
with the important business of collaborating and
making designs which have the potential to improve
the lives of many, and even save lives. Should OSI
give its imprimatur to the CERN-OHL suite of
licences, that would be an important step towards
that goal. </font></div>
<div class="" style="margin: 0px; font-stretch:
normal; line-height: normal; font-family:
"Helvetica Neue"; min-height: 14px;"><br
class="">
</div>
<div class="" style="margin: 0px;"><font class=""
style="font-stretch: normal; line-height: normal;
font-family: "Helvetica Neue";"
face="Helvetica Neue">We thank you for your
consideration of this suite of licences, and stand
ready to answer any queries you may have. The full
text of the licences follows, and you can also
find them at: </font><a
href="https://ohwr.org/project/cernohl/wikis/Documents/CERN-OHL-version-2"
class="" moz-do-not-send="true">https://ohwr.org/project/cernohl/wikis/Documents/CERN-OHL-version-2</a></div>
<div class="" style="margin: 0px;"><font class=""
style="font-stretch: normal; line-height: normal;
font-family: "Helvetica Neue";"
face="Helvetica Neue"><br class="">
</font></div>
<div class="" style="margin: 0px;"><br class="">
</div>
<div class="" style="margin: 0px;"><font class=""
style="font-stretch: normal; line-height: normal;
font-family: "Helvetica Neue";"
face="Helvetica Neue">Kind regards</font></div>
<div class="" style="margin: 0px; font-stretch:
normal; line-height: normal; font-family:
"Helvetica Neue"; min-height: 14px;"><br
class="">
</div>
<div class="" style="margin: 0px; font-stretch:
normal; line-height: normal; font-family:
"Helvetica Neue"; min-height: 14px;"><br
class="">
</div>
<div class="" style="margin: 0px;"><font class=""
face="Helvetica Neue">Andrew</font></div>
<div class="" style="margin: 0px;"><font class=""
face="Helvetica Neue"><br class="">
</font></div>
<div class="" style="margin: 0px;"><font class=""
face="Helvetica Neue">Andrew Katz</font></div>
<div class="" style="margin: 0px;"><font class=""
face="Helvetica Neue">Member of the CERN OHL
drafting team</font></div>
<div class="" style="margin: 0px;"><font class=""
face="Helvetica Neue"><br class="">
</font></div>
<div class="" style="margin: 0px;">
<pre class="">CERN Open Hardware Licence Version 2 - Strongly Reciprocal
Preamble
CERN has developed this licence to promote collaboration among
hardware designers and to provide a legal tool which supports the
freedom to use, study, modify, share and distribute hardware designs
and products based on those designs. Version 2 of the CERN Open
Hardware Licence comes in three variants: CERN-OHL-P (permissive); and
two reciprocal licences: CERN-OHL-W (weakly reciprocal) and this
licence, CERN-OHL-S (strongly reciprocal).
The CERN-OHL-S is copyright CERN 2020. Anyone is welcome to use it, in
unmodified form only.
Use of this Licence does not imply any endorsement by CERN of any
Licensor or their designs nor does it imply any involvement by CERN in
their development.
1 Definitions
1.1 'Licence' means this CERN-OHL-S.
1.2 'Compatible Licence' means
a) any earlier version of the CERN Open Hardware licence, or
b) any version of the CERN-OHL-S, or
c) any licence which permits You to treat the Source to which
it applies as licensed under CERN-OHL-S provided that on
Conveyance of any such Source, or any associated Product You
treat the Source in question as being licensed under
CERN-OHL-S.
1.3 'Source' means information such as design materials or digital
code which can be applied to Make or test a Product or to
prepare a Product for use, Conveyance or sale, regardless of its
medium or how it is expressed. It may include Notices.
1.4 'Covered Source' means Source that is explicitly made available
under this Licence.
1.5 'Product' means any device, component, work or physical object,
whether in finished or intermediate form, arising from the use,
application or processing of Covered Source.
1.6 'Make' means to create or configure something, whether by
manufacture, assembly, compiling, loading or applying Covered
Source or another Product or otherwise.
1.7 'Available Component' means any part, sub-assembly, library or
code which:
a) is licensed to You as Complete Source under a Compatible
Licence; or
b) is available, at the time a Product or the Source containing
it is first Conveyed, to You and any other prospective
licensees
i) as a physical part with sufficient rights and
information (including any configuration and
programming files and information about its
characteristics and interfaces) to enable it either to
be Made itself, or to be sourced and used to Make the
Product; or
ii) as part of the normal distribution of a tool used to
design or Make the Product.
1.8 'Complete Source' means the set of all Source necessary to Make
a Product, in the preferred form for making modifications,
including necessary installation and interfacing information
both for the Product, and for any included Available Components.
If the format is proprietary, it must also be made available in
a format (if the proprietary tool can create it) which is
viewable with a tool available to potential licensees and
licensed under a licence approved by the Free Software
Foundation or the Open Source Initiative. Complete Source need
not include the Source of any Available Component, provided that
You include in the Complete Source sufficient information to
enable a recipient to Make or source and use the Available
Component to Make the Product.
1.9 'Source Location' means a location where a Licensor has placed
Covered Source, and which that Licensor reasonably believes will
remain easily accessible for at least three years for anyone to
obtain a digital copy.
1.10 'Notice' means copyright, acknowledgement and trademark notices,
Source Location references, modification notices (subsection
3.3(b)) and all notices that refer to this Licence and to the
disclaimer of warranties that are included in the Covered
Source.
1.11 'Licensee' or 'You' means any person exercising rights under
this Licence.
1.12 'Licensor' means a natural or legal person who creates or
modifies Covered Source. A person may be a Licensee and a
Licensor at the same time.
1.13 'Convey' means to communicate to the public or distribute.
2 Applicability
2.1 This Licence governs the use, copying, modification, Conveying
of Covered Source and Products, and the Making of Products. By
exercising any right granted under this Licence, You irrevocably
accept these terms and conditions.
2.2 This Licence is granted by the Licensor directly to You, and
shall apply worldwide and without limitation in time.
2.3 You shall not attempt to restrict by contract or otherwise the
rights granted under this Licence to other Licensees.
2.4 This Licence is not intended to restrict fair use, fair dealing,
or any other similar right.
3 Copying, modifying and Conveying Covered Source
3.1 You may copy and Convey verbatim copies of Covered Source, in
any medium, provided You retain all Notices.
3.2 You may modify Covered Source, other than Notices, provided that
You irrevocably undertake to make that modified Covered Source
available from a Source Location should You Convey a Product in
circumstances where the recipient does not otherwise receive a
copy of the modified Covered Source. In each case subsection 3.3
shall apply.
You may only delete Notices if they are no longer applicable to
the corresponding Covered Source as modified by You and You may
add additional Notices applicable to Your modifications.
Including Covered Source in a larger work is modifying the
Covered Source, and the larger work becomes modified Covered
Source.
3.3 You may Convey modified Covered Source (with the effect that You
shall also become a Licensor) provided that You:
a) retain Notices as required in subsection 3.2;
b) add a Notice to the modified Covered Source stating that You
have modified it, with the date and brief description of how
You have modified it;
c) add a Source Location Notice for the modified Covered Source
if You Convey in circumstances where the recipient does not
otherwise receive a copy of the modified Covered Source; and
d) license the modified Covered Source under the terms and
conditions of this Licence (or, as set out in subsection
8.3, a later version, if permitted by the licence of the
original Covered Source). Such modified Covered Source must
be licensed as a whole, but excluding Available Components
contained in it, which remain licensed under their own
applicable licences.
4 Making and Conveying Products
You may Make Products, and/or Convey them, provided that You either
provide each recipient with a copy of the Complete Source or ensure
that each recipient is notified of the Source Location of the Complete
Source. That Complete Source is Covered Source, and You must
accordingly satisfy Your obligations set out in subsection 3.3. If
specified in a Notice, the Product must visibly and securely display
the Source Location on it or its packaging or documentation in the
manner specified in that Notice.
5 Research and Development
You may Convey Covered Source, modified Covered Source or Products to
a legal entity carrying out development, testing or quality assurance
work on Your behalf provided that the work is performed on terms which
prevent the entity from both using the Source or Products for its own
internal purposes and Conveying the Source or Products or any
modifications to them to any person other than You. Any modifications
made by the entity shall be deemed to be made by You pursuant to
subsection 3.2.
6 DISCLAIMER AND LIABILITY
6.1 DISCLAIMER OF WARRANTY -- The Covered Source and any Products
are provided 'as is' and any express or implied warranties,
including, but not limited to, implied warranties of
merchantability, of satisfactory quality, non-infringement of
third party rights, and fitness for a particular purpose or use
are disclaimed in respect of any Source or Product to the
maximum extent permitted by law. The Licensor makes no
representation that any Source or Product does not or will not
infringe any patent, copyright, trade secret or other
proprietary right. The entire risk as to the use, quality, and
performance of any Source or Product shall be with You and not
the Licensor. This disclaimer of warranty is an essential part
of this Licence and a condition for the grant of any rights
granted under this Licence.
6.2 EXCLUSION AND LIMITATION OF LIABILITY -- The Licensor shall, to
the maximum extent permitted by law, have no liability for
direct, indirect, special, incidental, consequential, exemplary,
punitive or other damages of any character including, without
limitation, procurement of substitute goods or services, loss of
use, data or profits, or business interruption, however caused
and on any theory of contract, warranty, tort (including
negligence), product liability or otherwise, arising in any way
in relation to the Covered Source, modified Covered Source
and/or the Making or Conveyance of a Product, even if advised of
the possibility of such damages, and You shall hold the
Licensor(s) free and harmless from any liability, costs,
damages, fees and expenses, including claims by third parties,
in relation to such use.
7 Patents
7.1 Subject to the terms and conditions of this Licence, each
Licensor hereby grants to You a perpetual, worldwide,
non-exclusive, no-charge, royalty-free, irrevocable (except as
stated in subsections 7.2 and 8.4) patent license to Make, have
Made, use, offer to sell, sell, import, and otherwise transfer
the Covered Source and Products, where such licence applies only
to those patent claims licensable by such Licensor that are
necessarily infringed by exercising rights under the Covered
Source as Conveyed by that Licensor.
7.2 If You institute patent litigation against any entity (including
a cross-claim or counterclaim in a lawsuit) alleging that the
Covered Source or a Product constitutes direct or contributory
patent infringement, or You seek any declaration that a patent
licensed to You under this Licence is invalid or unenforceable
then any rights granted to You under this Licence shall
terminate as of the date such process is initiated.
8 General
8.1 If any provisions of this Licence are or subsequently become
invalid or unenforceable for any reason, the remaining
provisions shall remain effective.
8.2 You shall not use any of the name (including acronyms and
abbreviations), image, or logo by which the Licensor or CERN is
known, except where needed to comply with section 3, or where
the use is otherwise allowed by law. Any such permitted use
shall be factual and shall not be made so as to suggest any kind
of endorsement or implication of involvement by the Licensor or
its personnel.
8.3 CERN may publish updated versions and variants of this Licence
which it considers to be in the spirit of this version, but may
differ in detail to address new problems or concerns. New
versions will be published with a unique version number and a
variant identifier specifying the variant. If the Licensor has
specified that a given variant applies to the Covered Source
without specifying a version, You may treat that Covered Source
as being released under any version of the CERN-OHL with that
variant. If no variant is specified, the Covered Source shall be
treated as being released under CERN-OHL-S. The Licensor may
also specify that the Covered Source is subject to a specific
version of the CERN-OHL or any later version in which case You
may apply this or any later version of CERN-OHL with the same
variant identifier published by CERN.
8.4 This Licence shall terminate with immediate effect if You fail
to comply with any of its terms and conditions.
8.5 However, if You cease all breaches of this Licence, then Your
Licence from any Licensor is reinstated unless such Licensor has
terminated this Licence by giving You, while You remain in
breach, a notice specifying the breach and requiring You to cure
it within 30 days, and You have failed to come into compliance
in all material respects by the end of the 30 day period. Should
You repeat the breach after receipt of a cure notice and
subsequent reinstatement, this Licence will terminate
immediately and permanently. Section 6 shall continue to apply
after any termination.
8.6 This Licence shall not be enforceable except by a Licensor
acting as such, and third party beneficiary rights are
specifically excluded.</pre>
<pre class="">========================</pre>
<pre class=""><pre class="">CERN Open Hardware Licence Version 2 - Weakly Reciprocal
Preamble
CERN has developed this licence to promote collaboration among
hardware designers and to provide a legal tool which supports the
freedom to use, study, modify, share and distribute hardware designs
and products based on those designs. Version 2 of the CERN Open
Hardware Licence comes in three variants: CERN-OHL-P (permissive); and
two reciprocal licences: this licence, CERN- OHL-W (weakly reciprocal)
and CERN-OHL-S (strongly reciprocal).
The CERN-OHL-W is copyright CERN 2020. Anyone is welcome to use it, in
unmodified form only.
Use of this Licence does not imply any endorsement by CERN of any
Licensor or their designs nor does it imply any involvement by CERN in
their development.
1 Definitions
1.1 'Licence' means this CERN-OHL-W.
1.2 'Compatible Licence' means
a) any earlier version of the CERN Open Hardware licence, or
b) any version of the CERN-OHL-S or the CERN-OHL-W, or
c) any licence which permits You to treat the Source to which
it applies as licensed under CERN-OHL-S or CERN-OHL-W
provided that on Conveyance of any such Source, or any
associated Product You treat the Source in question as being
licensed under CERN-OHL-S or CERN-OHL-W as appropriate.
1.3 'Source' means information such as design materials or digital
code which can be applied to Make or test a Product or to
prepare a Product for use, Conveyance or sale, regardless of its
medium or how it is expressed. It may include Notices.
1.4 'Covered Source' means Source that is explicitly made available
under this Licence.
1.5 'Product' means any device, component, work or physical object,
whether in finished or intermediate form, arising from the use,
application or processing of Covered Source.
1.6 'Make' means to create or configure something, whether by
manufacture, assembly, compiling, loading or applying Covered
Source or another Product or otherwise.
1.7 'Available Component' means any part, sub-assembly, library or
code which:
a) is licensed to You as Complete Source under a Compatible
Licence; or
b) is available, at the time a Product or the Source containing
it is first Conveyed, to You and any other prospective
licensees
i) with sufficient rights and information (including any
configuration and programming files and information
about its characteristics and interfaces) to enable it
either to be Made itself, or to be sourced and used to
Make the Product; or
ii) as part of the normal distribution of a tool used to
design or Make the Product.
1.8 'External Material' means anything (including Source) which:
a) is only combined with Covered Source in such a way that it
interfaces with the Covered Source using a documented
interface which is described in the Covered Source; and
b) is not a derivative of or contains Covered Source, or, if it
is, it is solely to the extent necessary to facilitate such
interfacing.
1.9 'Complete Source' means the set of all Source necessary to Make
a Product, in the preferred form for making modifications,
including necessary installation and interfacing information
both for the Product, and for any included Available Components.
If the format is proprietary, it must also be made available in
a format (if the proprietary tool can create it) which is
viewable with a tool available to potential licensees and
licensed under a licence approved by the Free Software
Foundation or the Open Source Initiative. Complete Source need
not include the Source of any Available Component, provided that
You include in the Complete Source sufficient information to
enable a recipient to Make or source and use the Available
Component to Make the Product.
1.10 'Source Location' means a location where a Licensor has placed
Covered Source, and which that Licensor reasonably believes will
remain easily accessible for at least three years for anyone to
obtain a digital copy.
1.11 'Notice' means copyright, acknowledgement and trademark notices,
Source Location references, modification notices (subsection
3.3(b)) and all notices that refer to this Licence and to the
disclaimer of warranties that are included in the Covered
Source.
1.12 'Licensee' or 'You' means any person exercising rights under
this Licence.
1.13 'Licensor' means a natural or legal person who creates or
modifies Covered Source. A person may be a Licensee and a
Licensor at the same time.
1.14 'Convey' means to communicate to the public or distribute.
2 Applicability
2.1 This Licence governs the use, copying, modification, Conveying
of Covered Source and Products, and the Making of Products. By
exercising any right granted under this Licence, You irrevocably
accept these terms and conditions.
2.2 This Licence is granted by the Licensor directly to You, and
shall apply worldwide and without limitation in time.
2.3 You shall not attempt to restrict by contract or otherwise the
rights granted under this Licence to other Licensees.
2.4 This Licence is not intended to restrict fair use, fair dealing,
or any other similar right.
3 Copying, modifying and Conveying Covered Source
3.1 You may copy and Convey verbatim copies of Covered Source, in
any medium, provided You retain all Notices.
3.2 You may modify Covered Source, other than Notices, provided that
You irrevocably undertake to make that modified Covered Source
available from a Source Location should You Convey a Product in
circumstances where the recipient does not otherwise receive a
copy of the modified Covered Source. In each case subsection 3.3
shall apply.
You may only delete Notices if they are no longer applicable to
the corresponding Covered Source as modified by You and You may
add additional Notices applicable to Your modifications.
3.3 You may Convey modified Covered Source (with the effect that You
shall also become a Licensor) provided that You:
a) retain Notices as required in subsection 3.2;
b) add a Notice to the modified Covered Source stating that You
have modified it, with the date and brief description of how
You have modified it;
c) add a Source Location Notice for the modified Covered Source
if You Convey in circumstances where the recipient does not
otherwise receive a copy of the modified Covered Source; and
d) license the modified Covered Source under the terms and
conditions of this Licence (or, as set out in subsection
8.3, a later version, if permitted by the licence of the
original Covered Source). Such modified Covered Source must
be licensed as a whole, but excluding Available Components
contained in it or External Material to which it is
interfaced, which remain licensed under their own applicable
licences.
4 Making and Conveying Products
4.1 You may Make Products, and/or Convey them, provided that You
either provide each recipient with a copy of the Complete Source
or ensure that each recipient is notified of the Source Location
of the Complete Source. That Complete Source includes Covered
Source and You must accordingly satisfy Your obligations set out
in subsection 3.3. If specified in a Notice, the Product must
visibly and securely display the Source Location on it or its
packaging or documentation in the manner specified in that
Notice.
4.2 Where You Convey a Product which incorporates External Material,
the Complete Source for that Product which You are required to
provide under subsection 4.1 need not include any Source for the
External Material.
4.3 You may license Products under terms of Your choice, provided
that such terms do not restrict or attempt to restrict any
recipients' rights under this Licence to the Covered Source.
5 Research and Development
You may Convey Covered Source, modified Covered Source or Products to
a legal entity carrying out development, testing or quality assurance
work on Your behalf provided that the work is performed on terms which
prevent the entity from both using the Source or Products for its own
internal purposes and Conveying the Source or Products or any
modifications to them to any person other than You. Any modifications
made by the entity shall be deemed to be made by You pursuant to
subsection 3.2.
6 DISCLAIMER AND LIABILITY
6.1 DISCLAIMER OF WARRANTY -- The Covered Source and any Products
are provided 'as is' and any express or implied warranties,
including, but not limited to, implied warranties of
merchantability, of satisfactory quality, non-infringement of
third party rights, and fitness for a particular purpose or use
are disclaimed in respect of any Source or Product to the
maximum extent permitted by law. The Licensor makes no
representation that any Source or Product does not or will not
infringe any patent, copyright, trade secret or other
proprietary right. The entire risk as to the use, quality, and
performance of any Source or Product shall be with You and not
the Licensor. This disclaimer of warranty is an essential part
of this Licence and a condition for the grant of any rights
granted under this Licence.
6.2 EXCLUSION AND LIMITATION OF LIABILITY -- The Licensor shall, to
the maximum extent permitted by law, have no liability for
direct, indirect, special, incidental, consequential, exemplary,
punitive or other damages of any character including, without
limitation, procurement of substitute goods or services, loss of
use, data or profits, or business interruption, however caused
and on any theory of contract, warranty, tort (including
negligence), product liability or otherwise, arising in any way
in relation to the Covered Source, modified Covered Source
and/or the Making or Conveyance of a Product, even if advised of
the possibility of such damages, and You shall hold the
Licensor(s) free and harmless from any liability, costs,
damages, fees and expenses, including claims by third parties,
in relation to such use.
7 Patents
7.1 Subject to the terms and conditions of this Licence, each
Licensor hereby grants to You a perpetual, worldwide,
non-exclusive, no-charge, royalty-free, irrevocable (except as
stated in subsections 7.2 and 8.4) patent license to Make, have
Made, use, offer to sell, sell, import, and otherwise transfer
the Covered Source and Products, where such licence applies only
to those patent claims licensable by such Licensor that are
necessarily infringed by exercising rights under the Covered
Source as Conveyed by that Licensor.
7.2 If You institute patent litigation against any entity (including
a cross-claim or counterclaim in a lawsuit) alleging that the
Covered Source or a Product constitutes direct or contributory
patent infringement, or You seek any declaration that a patent
licensed to You under this Licence is invalid or unenforceable
then any rights granted to You under this Licence shall
terminate as of the date such process is initiated.
8 General
8.1 If any provisions of this Licence are or subsequently become
invalid or unenforceable for any reason, the remaining
provisions shall remain effective.
8.2 You shall not use any of the name (including acronyms and
abbreviations), image, or logo by which the Licensor or CERN is
known, except where needed to comply with section 3, or where
the use is otherwise allowed by law. Any such permitted use
shall be factual and shall not be made so as to suggest any kind
of endorsement or implication of involvement by the Licensor or
its personnel.
8.3 CERN may publish updated versions and variants of this Licence
which it considers to be in the spirit of this version, but may
differ in detail to address new problems or concerns. New
versions will be published with a unique version number and a
variant identifier specifying the variant. If the Licensor has
specified that a given variant applies to the Covered Source
without specifying a version, You may treat that Covered Source
as being released under any version of the CERN-OHL with that
variant. If no variant is specified, the Covered Source shall be
treated as being released under CERN-OHL-S. The Licensor may
also specify that the Covered Source is subject to a specific
version of the CERN-OHL or any later version in which case You
may apply this or any later version of CERN-OHL with the same
variant identifier published by CERN.
You may treat Covered Source licensed under CERN-OHL-W as
licensed under CERN-OHL-S if and only if all Available
Components referenced in the Covered Source comply with the
corresponding definition of Available Component for CERN-OHL-S.
8.4 This Licence shall terminate with immediate effect if You fail
to comply with any of its terms and conditions.
8.5 However, if You cease all breaches of this Licence, then Your
Licence from any Licensor is reinstated unless such Licensor has
terminated this Licence by giving You, while You remain in
breach, a notice specifying the breach and requiring You to cure
it within 30 days, and You have failed to come into compliance
in all material respects by the end of the 30 day period. Should
You repeat the breach after receipt of a cure notice and
subsequent reinstatement, this Licence will terminate
immediately and permanently. Section 6 shall continue to apply
after any termination.
8.6 This Licence shall not be enforceable except by a Licensor
acting as such, and third party beneficiary rights are
specifically excluded.</pre><div class="">==================</div><div class="">
</div><div class=""><pre class="">CERN Open Hardware Licence Version 2 - Permissive
Preamble
CERN has developed this licence to promote collaboration among
hardware designers and to provide a legal tool which supports the
freedom to use, study, modify, share and distribute hardware designs
and products based on those designs. Version 2 of the CERN Open
Hardware Licence comes in three variants: this licence, CERN-OHL-P
(permissive); and two reciprocal licences: CERN- OHL-W (weakly
reciprocal) and CERN-OHL-S (strongly reciprocal).
The CERN-OHL-P is copyright CERN 2020. Anyone is welcome to use it, in
unmodified form only.
Use of this Licence does not imply any endorsement by CERN of any
Licensor or their designs nor does it imply any involvement by CERN in
their development.
1 Definitions
1.1 'Licence' means this CERN-OHL-P.
1.2 'Source' means information such as design materials or digital
code which can be applied to Make or test a Product or to
prepare a Product for use, Conveyance or sale, regardless of its
medium or how it is expressed. It may include Notices.
1.3 'Covered Source' means Source that is explicitly made available
under this Licence.
1.4 'Product' means any device, component, work or physical object,
whether in finished or intermediate form, arising from the use,
application or processing of Covered Source.
1.5 'Make' means to create or configure something, whether by
manufacture, assembly, compiling, loading or applying Covered
Source or another Product or otherwise.
1.6 'Notice' means copyright, acknowledgement and trademark notices,
references to the location of any Notices, modification notices
(subsection 3.3(b)) and all notices that refer to this Licence
and to the disclaimer of warranties that are included in the
Covered Source.
1.7 'Licensee' or 'You' means any person exercising rights under
this Licence.
1.8 'Licensor' means a person who creates Source or modifies Covered
Source and subsequently Conveys the resulting Covered Source
under the terms and conditions of this Licence. A person may be
a Licensee and a Licensor at the same time.
1.9 'Convey' means to communicate to the public or distribute.
2 Applicability
2.1 This Licence governs the use, copying, modification, Conveying
of Covered Source and Products, and the Making of Products. By
exercising any right granted under this Licence, You irrevocably
accept these terms and conditions.
2.2 This Licence is granted by the Licensor directly to You, and
shall apply worldwide and without limitation in time.
2.3 You shall not attempt to restrict by contract or otherwise the
rights granted under this Licence to other Licensees.
2.4 This Licence is not intended to restrict fair use, fair dealing,
or any other similar right.
3 Copying, modifying and Conveying Covered Source
3.1 You may copy and Convey verbatim copies of Covered Source, in
any medium, provided You retain all Notices.
3.2 You may modify Covered Source, other than Notices.
You may only delete Notices if they are no longer applicable to
the corresponding Covered Source as modified by You and You may
add additional Notices applicable to Your modifications.
3.3 You may Convey modified Covered Source (with the effect that You
shall also become a Licensor) provided that You:
a) retain Notices as required in subsection 3.2; and
b) add a Notice to the modified Covered Source stating that You
have modified it, with the date and brief description of how
You have modified it.
3.4 You may Convey Covered Source or modified Covered Source under
licence terms which differ from the terms of this Licence
provided that:
a) You comply at all times with subsection 3.3; and
b) You provide a copy of this Licence to anyone to whom You
Convey Covered Source or modified Covered Source.
4 Making and Conveying Products
You may Make Products, and/or Convey them, provided that You ensure
that the recipient of the Product has access to any Notices applicable
to the Product.
5 DISCLAIMER AND LIABILITY
5.1 DISCLAIMER OF WARRANTY -- The Covered Source and any Products
are provided 'as is' and any express or implied warranties,
including, but not limited to, implied warranties of
merchantability, of satisfactory quality, non-infringement of
third party rights, and fitness for a particular purpose or use
are disclaimed in respect of any Source or Product to the
maximum extent permitted by law. The Licensor makes no
representation that any Source or Product does not or will not
infringe any patent, copyright, trade secret or other
proprietary right. The entire risk as to the use, quality, and
performance of any Source or Product shall be with You and not
the Licensor. This disclaimer of warranty is an essential part
of this Licence and a condition for the grant of any rights
granted under this Licence.
5.2 EXCLUSION AND LIMITATION OF LIABILITY -- The Licensor shall, to
the maximum extent permitted by law, have no liability for
direct, indirect, special, incidental, consequential, exemplary,
punitive or other damages of any character including, without
limitation, procurement of substitute goods or services, loss of
use, data or profits, or business interruption, however caused
and on any theory of contract, warranty, tort (including
negligence), product liability or otherwise, arising in any way
in relation to the Covered Source, modified Covered Source
and/or the Making or Conveyance of a Product, even if advised of
the possibility of such damages, and You shall hold the
Licensor(s) free and harmless from any liability, costs,
damages, fees and expenses, including claims by third parties,
in relation to such use.
6 Patents
6.1 Subject to the terms and conditions of this Licence, each
Licensor hereby grants to You a perpetual, worldwide,
non-exclusive, no-charge, royalty-free, irrevocable (except as
stated in this section 6, or where terminated by the Licensor
for cause) patent license to Make, have Made, use, offer to
sell, sell, import, and otherwise transfer the Covered Source
and Products, where such licence applies only to those patent
claims licensable by such Licensor that are necessarily
infringed by exercising rights under the Covered Source as
Conveyed by that Licensor.
6.2 If You institute patent litigation against any entity (including
a cross-claim or counterclaim in a lawsuit) alleging that the
Covered Source or a Product constitutes direct or contributory
patent infringement, or You seek any declaration that a patent
licensed to You under this Licence is invalid or unenforceable
then any rights granted to You under this Licence shall
terminate as of the date such process is initiated.
7 General
7.1 If any provisions of this Licence are or subsequently become
invalid or unenforceable for any reason, the remaining
provisions shall remain effective.
7.2 You shall not use any of the name (including acronyms and
abbreviations), image, or logo by which the Licensor or CERN is
known, except where needed to comply with section 3, or where
the use is otherwise allowed by law. Any such permitted use
shall be factual and shall not be made so as to suggest any kind
of endorsement or implication of involvement by the Licensor or
its personnel.
7.3 CERN may publish updated versions and variants of this Licence
which it considers to be in the spirit of this version, but may
differ in detail to address new problems or concerns. New
versions will be published with a unique version number and a
variant identifier specifying the variant. If the Licensor has
specified that a given variant applies to the Covered Source
without specifying a version, You may treat that Covered Source
as being released under any version of the CERN-OHL with that
variant. If no variant is specified, the Covered Source shall be
treated as being released under CERN-OHL-S. The Licensor may
also specify that the Covered Source is subject to a specific
version of the CERN-OHL or any later version in which case You
may apply this or any later version of CERN-OHL with the same
variant identifier published by CERN.
7.4 This Licence shall not be enforceable except by a Licensor
acting as such, and third party beneficiary rights are
specifically excluded.</pre><div class="">
</div></div></pre>
<div class=""><br class="">
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_______________________________________________<br class="">
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 <a href="http://opensource.org" class=""
moz-do-not-send="true">opensource.org</a> email address.<br
class="">
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class="" moz-do-not-send="true">License-review@lists.opensource.org</a><br
class="">
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class="">
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<pre class="moz-quote-pre" wrap="">_______________________________________________
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
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