Simple Public License, third draft

Fri Sep 24 20:42:48 UTC 1999

Here is the third draft of the Simple Public License. Please comment 
on any OSD, legal, or other problems with it. Here's what changed:

  1. Dropped the restriction on "purpose". Several people, primarily
     Bruce, had a problem with this. It was also confusing, and 
     probably difficult to enforce. 

     I have taken a hint from this term of the LGPL:

         2a) The modified work must itself be a software library

     and extended my definition of a "modified version" (a derivation
     that has to be under the same license as the original) to read:

        A modified version of some original software is defined to be:
               ...
        and any software derived from the original, such as a
        software library or application builder, whose output or
        product consists of an executable program or software
        library which itself includes material from the original.

     Given that it's close to what the LGPL does, it should be more 
     acceptble. I also think it's less confusing.

  2. From the ATT license, I stole this:

        Nothing in this license will be interpreted strictly against us. 

     John Cowan found this objectionable, but I feel that free
     software developers are likely to small companies and private 
     individuals, and that their legal adversaries are likely to be 
     big companies with deep pockets. I don't mind tipping the scales
     a little in favour of the author in this case. 

  3. I don't claim to be a traditional software license anymore,
     instead I just assert a copyright. Since there is no more 
     restriction on "purpose", I think copyright is enough now.

  4. You have to share your modifications if you "perform" your modified
     version as well as "distribute" it. This may be controversial,
     but I think the distinction between "distribution" and
     "performance" is going to get blurry with the advent of software
     application servers.

  5. I introduced a clause moving jurisdiction near to the author,
     so that starving free software writers don't have to fly about
     the world to defend their rights. 

  6. I moved a lot of stuff around, shortened some things, and 
     rewrote some sections for improved clarity.

Hopefully this version of my license will fit the OSD, and I can move
on to letting my lawyer brutalize it. 

Justin

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                            Simple Public License 
                            (c) 1999 Justin Wells

 This license lets you use our software for free, create freely available
 modified versions of it, and sell non-free binary applications based on
 it. In return, you have to give us credit. Since our software is free,
 there is no warranty, and we accept no liability. This paragraph is not
 legally binding, the actual terms of the license follow.

 DEFINITION OF WHAT AND WHO:

   "Our software" refers to the work covered by this license: WebMacro
   (www.webmacro.org), consisting of a template language, software library,
   example code, an API, design, documentation, and other materials.

   "We", "us", and "our" refer to the owners of our software: Semiotek Inc.
   and it's agents. "You" and "your" refer to the licensee, who wishes to
   acquire a right to our use, modify, and distribute our software.

 DEFINITION OF "BASIC RIGHTS" AND OTHER TERMS:

   The "basic rights" to software are defined to be:

     The right to use, copy, reproduce, distribute, display, perform, and
     sublicense verbatim copies of the software, and to charge a fee for
     doing so; and the right to derive a "binary application" or "modified
     version" of the software, and to have these basic rights to it.

     These basic rights are world-wide, royalty-free, non-exclusive, and
     include a limited grant under any patent right, trademark, or copyright
     that applies to the software, minimally sufficient to allow full
     enjoyment of the other basic rights.

   A "binary application" of some original software is defined to be: Any
   executable program created by "compiling" or "linking" separate source
   materials with a verbatim copy of the original, without patching or
   otherwise altering the original aside from the transformations ordinarily
   performed by standard compilers and linkers.

   A "modified version" of some original software is defined to be: Any
   work, excluding "binary applications", created by adding to, deleting
   from, editing, or otherwise altering material from either the original
   or from a work derived from the original; and any software derived from
   the original, such as a software library or application builder, whose
   output or product consists of an executable program or software library
   which itself includes material from the original.

   "Compiling", "linking", "patching", "software library", "application
   builder", "source code", etc., are technical terms which have the
   meanings that typical computer programmers would expect them to.

 YOUR RIGHTS AND OBLIGATIONS:

   We grant you the above "basic rights" to our software, limited by (and
   conditional upon your fulfilling) the following obligations.

   You will credit us in the primary documentation of any work derived
   from our software, describing how to obtain our software for free. You
   must also include a copy of this license when you distribute material 
   covered by it.

   If you create, perform, or distribute a "modified version" of our
   software you agree that:

     a) Your modified version will be licensed as a whole at no charge 
        and without restriction to all third parties under the terms of 
        this license, and if distributed, will include all source code.

     b) You will not cause your modified version to become dependent on
	additional software unless that additional software is also freely
	available to the public under a license which grants everyone the
	above basic rights. Software is "dependent on" other software if
	it is not fully functional unless that other software is present.

     c) You will provide us with timely access to your modifications,
	including all source code, in a convenient electronic form. 

   These obligations do not apply to copies of software that you place
   under the GNU General Public License, version 2 or any later version,
   as published by the Free Software Foundation. 

 GENERAL:

   You do not have to accept this license, since you have not signed it.
   However, nothing else grants you permission to use, modify, or distribute
   our software or any derivative based on it. Therefore, you indicate your
   acceptance of these terms by using or distributing our software.

   If you breach this license then you must cure the breach within two
   weeks of discovering it, or else cease using and distributing our
   software, as your rights under this license are then terminated. 

   Litigation relating to this license will be governed to the laws of
   our state or province, with venue lying in our local region. Nothing
   in this license will be interpreted strictly against us. If any part
   of this license is ruled invalid, the remainder shall remain in effect.

 NO WARRANTY AND NO LIABILITY:

   Use our software at your own risk: it may contain bugs, may fail to
   function correctly, and has been provided without support or maintenance
   of any kind.

   There is NO WARRANTY for our software: it is licensed to you on an "AS 
   IS" basis, without even the implied warranties of fitness to purpose or
   merchantability. Under no circumstance will we be held liable for damages 
   arising from the use, misuse, or inability to use our software, no matter 
   whether they are direct, indirect, special, incidental, or economic
   consequential damages, or for damages resulting from a third party
   claim, even if we have been advised of the possibility of such damages.