simple copyleft with GPL compatibility via a disjunctive-license clause

Bruce Dodson bruce_dodson at hotmail.com
Sat Jul 20 15:01:36 UTC 2002


This license is almost identical to the one I sent out last night, but with
GPL-compatibility through a clause that says "you can also use this software
under the terms of the GPL".  Using a disjunctive license enables me to get
rid of the special exception in condition "d", and also allows me to use a
simpler wording in condition "c".

I don't really like disjunctive licenses - I don't think they're good for
the software publisher, but its intent is clearer this way, and it does
avoid possible unforseen interactions between the two licenses.

If I went for OSI approval, I would seek to get it approved both with and
without the GNU Copyleft provision.

If last night's version was better (or this is better but you thought last
night's condition "c" was easier to understand), please tell me so!


-----
<software program name>.
Copyright (c) <year(s)> <copyright holder(s)>.  All rights reserved.


LICENSE AGREEMENT:
  Permission to use, copy, modify, and distribute the accompanying
  software, documentation, and related materials (the "software") is
  hereby granted, subject to the following conditions:

   a. The above copyright notice must appear in all copies or
      substantial portions of the software.

   b. A verbatim copy of this license agreement (including the above
      copyright notice, this permission notice, and the following
      disclaimers) must appear in the documentation and/or in other
      materials accompanying the software.

   c. When the software is modified, translated to another language,
      or combined with other materials, the resulting work as a whole
      is a derivative work as defined by copyright law, and is
      subject to these license terms.

   d. When you distribute this software or a derivative work, you must
      make the entire work available to all recipients in source code
      form (that is, in the preferred form for making modifications to
      the work) under these license terms, in a reasonable manner on or
      through a medium customarily used for software exchange.  You may
      not charge any fee for the source code, other than to cover the
      expenses that you incur in making the source code available.

   e. Derivative works must be plainly marked as such, and must not
      be misrepresented as the original software.

  A separate work that does not itself contain any portion of this
  software is outside the scope of this license agreement, even if
  it accesses services exposed by this software or by a derivative
  work; even when it is stored or distributed on the same medium
  with software licensed under this agreement.

  Your rights under this license will terminate automatically if
  you fail to comply with the terms and conditions set forth herein.

  If any provision of this license agreement is held to be
  unenforceable, that provision shall be reformed only to the extent
  necessary to make it enforceable; and the balance of this license
  agreement shall remain in full force and effect.


DISCLAIMER OF WARRANTY AND LIABILITY:
  THIS SOFTWARE AND THE ACCOMPANYING MATERIALS ARE PROVIDED
  "AS IS," WITHOUT WARRANTY OF ANY KIND.  THE COPYRIGHT
  HOLDER(S) AND CONTRIBUTING AUTHORS DISCLAIM ANY AND ALL
  WARRANTIES, WHETHER EXPRESSED OR IMPLIED, INCLUDING BUT
  NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS
  FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.

  IN NO EVENT SHALL THE COPYRIGHT HOLDERS OR CONTRIBUTING
  AUTHORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
  SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING,
  BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR
  SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS
  INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF
  LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR
  TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY
  WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF
  THE POSSIBILITY OF SUCH DAMAGE.

  The recipient must assume the entire risk of using this software.


SPECIAL PROVISION FOR GNU COPYLEFT:
  This software may also be used, copied, modified, sublicensed,
  and/or distributed under the terms of the GNU General Public
  License (GPL) as published by the Free Software Foundation, in
  which case the provisions of the GPL are applicable instead of
  those above.

--
license-discuss archive is at http://crynwr.com/cgi-bin/ezmlm-cgi?3



More information about the License-discuss mailing list