Academic Free License

[Rod Dixon]

Larry, I like the simplicity of the AFL, but there are two general issues I
would like to raise as questions more than an expression of an opinion. 1)
Why copyright the license text?  Assuming that the text of a license is
copyrightable, does the accompanying notice introduce confusion? Aside from
the well-intentioned insistence on the adoption of the "list of conditions,"
for distribution of software with the AFL, is it consistent with the
objectives of open source to constrain (withhold permission for)
modifications of the license? I have always puzzled over whether a suit for
copyright infringement of the license text accomplishes anything that a
software license does not accomplish in the context of open source???

2) The AFL seems to be targeted for those licensors who need an open source
license from Original Licensor ----->to---->licensee, but not necessarily
subsequent end-users.  Is this correct or, does the 2 "list of conditions"
clauses ostensibly impose a copyleft constraint?

Rod

Rod Dixon, J.D., LL.M.
rod at cyberspaces.org
http://www.cyberspaces.org/dixon/
My papers on the Social Science Research Network (SSRN) are available
through the following url: http://papers.ssrn.com/author=240132





----- Original Message -----
From: "Lawrence E. Rosen" <lrosen at rosenlaw.com>
To: <license-discuss at opensource.org>
Sent: Tuesday, June 25, 2002 4:50 PM
Subject: Academic Free License


> I am submitting the accompanying Academic Free License for your review
> and for OSI approval.  The online copy of the license is at
> http://www.rosenlaw.com/afl.html.  The text version is below.
>
> The Academic Free License (AFL) is similar to the BSD, MIT, UoI/NCSA and
> Apache licenses in many respects but it is intended to solve a few
> problems with those licenses.
>
> * The AFL is written so as to make it clear what software is being
> licensed (by the inclusion of a statement following the copyright notice
> in the software).  This way, the license functions better than a
> template license.  The BSD, MIT and UoI/NCSA licenses apply to
> unidentified software.
>
> * The AFL contains a complete copyright grant to the software.  The BSD
> and Apache licenses are vague and incomplete in that respect.
>
> * The AFL contains a complete patent grant to the software.  The BSD,
> MIT, UoI/NCSA and Apache licenses rely on an implied patent license and
> contain no explicit patent grant.
>
> * The AFL makes it clear that no trademark rights are granted to the
> licensor's trademarks.  The Apache license contains such a provision,
> but the BSD, MIT and UoI/NCSA licenses do not.
>
> * The AFL includes the warranty by the licensor that it either owns the
> copyright or that it is distributing the software under a license.  None
> of the other licenses contain that warranty.  All other warranties are
> disclaimed, as is the case for the other licenses.  (My article for an
> upcoming issue of Linux Journal, explaining why I included that
> warranty, is attached in PDF format to this email.)
>
> * The AFL is itself copyrighted (with the right granted to copy and
> distribute without modification).  This ensures that the owner of the
> copyright to the license will control changes.  The Apache license
> contains a copyright notice, but the BSD, MIT and UoI/NCSA licenses do
> not.
>
> /Larry Rosen
> lrosen at rosenlaw.com
> 707-485-1242
> fax: 707-485-1243
>
> The text version of the AFL appears below:
>
> *******************************
>
> Academic Free License
> Version 1.0 dated 6/24/2002
>
> This Academic Free License applies to any software and associated
> documentation  (the "Software") whose owner (the "Licensor") has placed
> the statement  "Licensed under the Academic Free License" immediately
> after the copyright  notice that applies to the Software.
>
> Permission is hereby granted, free of charge, to any person obtaining a
> copy of  the Software (1) to use, copy, modify, merge, publish, perform,
> distribute,  sublicense, and/or sell copies of the Software, and to
> permit persons to whom  the Software is furnished to do so, and (2)
> under patent claims owned or  controlled by the Licensor that are
> embodied in the Software as furnished by  the Licensor, to make, use,
> sell and offer for sale the Software and derivative  works thereof,
> subject to the following conditions:
>
> .  Redistributions of the Software in source code form must retain all
> copyright notices in the Software as furnished by the Licensor, this
> list of  conditions, and the following disclaimers.
> .  Redistributions of the Software in executable form must reproduce all
> copyright notices in the Software as furnished by the Licensor, this
> list of  conditions, and the following disclaimers in the documentation
> and/or other  materials provided with the distribution.
> .  Neither the names of Licensor, nor the names of any contributors to
> the  Software, nor any of their trademarks or service marks, may be used
> to endorse  or promote products derived from this Software without
> express prior written  permission of the Licensor.
>
> DISCLAIMERS: LICENSOR WARRANTS THAT THE COPYRIGHT IN AND TO THE SOFTWARE
> IS  OWNED BY THE LICENSOR OR THAT THE SOFTWARE IS DISTRIBUTED BY
> LICENSOR UNDER A VALID CURRENT  LICENSE.  EXCEPT AS EXPRESSLY STATED IN
> THE IMMEDIATELY PRECEDING SENTENCE, THE  SOFTWARE IS PROVIDED BY THE
> LICENSOR, CONTRIBUTORS AND COPYRIGHT OWNERS "AS  IS", WITHOUT WARRANTY
> OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT  LIMITED TO THE
> WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE  AND
> NON-INFRINGEMENT.  IN NO EVENT SHALL THE LICENSOR, CONTRIBUTORS OR
> COPYRIGHT OWNERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY,
> WHETHER  IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT
> OF OR IN  CONNECTION WITH THE SOFTWARE.
>
> This license is Copyright (C) 2002 Lawrence E. Rosen.  All rights
> reserved.   Permission is hereby granted to copy and distribute this
> license without  modification.  This license may not be modified without
> the express written  permission of its copyright owner.
>
>

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