RPL 1.1--How do we do to move forward here.

Randall Burns randall_burns at yahoo.com
Thu Nov 7 21:49:03 UTC 2002


Last Month, I posted the attached new iteration of the

Reciprocal Public License(version 1.1).  There were
some criticisms of this license that were made, 
but I don't think anything showed that the 
conditions in the RPL were outside the OSI guidelines.

What do we need to do to get approval on this license?

RJB

Original message:
A while back, I submitted a license to this list 
a software license the we wanted to get approval on.
We've rewritten the license-and hope that we've
covered the objections that were raised then-so we'd
like folks to take another look at it. Thanks for the
previous input.

RJB

Justification for a New license
The Reciprocal Public License (RPL) is a license
derived largely from the Apple Public Source License
or APSL version 1.2 and the GNU General Public License
version 2. The LGPL and MPL were also referenced, as
was the Jabber Open Source License. Our main goal in
creating the RPL was to create a license similar in
intent to the GPL with respect to being "viral", but
which did not include a "privacy clause" such as that
found in the GPL. In particular, we wanted to ensure
that consumers of RPL code were required to release
their source code under the RPL subsequent to any
deployment, internal or otherwise. We further wanted
to create terminology surrounding the question of what
code was covered that did not rely on terms such as
"linking" etc. which are difficult to define in a
world dominated by interpreted languages and
virtualmachines. The RPL's use of the term "Required
Components" addresses this issue while attempting to
remain open to the integration of RPL-based code with
code from other licenses. One additional goal was to
create a license that could be used by other parties
in licensing their code, therefore we've attempted to
limit references to a specific company and provided
for the construction of derivative licenses whose only
modification is to the Notice required in each source
code file, as well as other license derivatives so
long as they are renamed to avoid confusion. We feel
the RPL is compatible for use with other open source
licenses. First, the RPL makes no claims on code which
is not authored by the licensee. For code which is
authored by the licensee there are a few scenarios. If
the new code wouldn't be covered by another license
the RPL applies and the new code is inherently
governed by the RPL. When code authored by the
licensee is a derivative work of code licensed under a
different license, the RPL requires that the new code
be dual-licensed such that both licenses may be
honored while ensuring that a pure-RPL version remains
available to all parties. When, for some reason, a
 conflict in license terms would still exist the RPL
 specifies that the licensee should contact the
 Licensor for permission to resolve the conflicting
 terms in a fashion which remains consistent with the
 intent of the RPL. See Section 6.6 for specific
 wording here. 

 ===============================

 RECIPROCAL PUBLIC LICENSE

                    Version 1.1, November 1, 2002


                    Copyright (C) 2001-2002
                    Technical Pursuit Inc., 
                    All Rights Reserved.



               PREAMBLE

This Preamble is intended to describe, in plain
English, the nature,  intent, and scope of this
License. However, this Preamble is not a part 
of this License. The legal effect of this License 
is dependent only  upon  the terms of the License 
and not this Preamble.

This License is based on the concept of reciprocity.
In exchange for  being granted certain rights under
the
terms of this License to Licensor's Software, whose 
Source Code You have access to, You are required to 
reciprocate by providing equal access and rights to
all
third parties to the Source Code of any Modifications,
Derivative  Works, and Required Components for
execution of same (collectively defined as Extensions)
that You Deploy by Deploying Your Extensions under the
 terms of this License. In this fashion the available
Source Code related to  the original Licensed Software
is enlarged for the benefit of everyone.


 Under the terms of this License You may:

 a. Distribute the Licensed Software exactly as You
received it under   the  terms of this License either 
alone or as a component of an aggregate
software distribution containing programs from
several different sources without payment of a royalty
or other fee.

b. Use the Licensed Software for any purpose
consistent with the rights granted by this License, 
but the Licensor is not providing You any warranty
whatsoever, nor is the Licensor accepting
any liability in the event that the Licensed 
Software doesn't work properly or causes You any 
injury or damages.

c. Create Extensions to the Licensed Software
consistent with the rights granted by this 
License, provided that You make the Source Code 
to  any Extensions You Deploy available to all third
parties under the  terms of this License, document 
Your Modifications clearly, and  title all 
Extensions distinctly from the Licensed Software.

d. Charge a fee for warranty or support, or for
accepting indemnity or liability obligations for Your
customers. 


Under the terms of this License You may not:

a. Charge for the Source Code to the Licensed
Software, or Your Extensions, other than a nominal 
fee not to exceed Your cost for reproduction and
distribution where such reproduction and  
distribution involve physical media.

b. Modify or delete any pre-existing copyright
notices, change notices, or License text in the
Licensed Software.

c. Assert any patent claims against the Licensor or
Contributors, or which would in any way restrict the
ability of any third party to   use  the Licensed
Software or portions thereof in any form under 
the terms of this License, or Your rights to the
Licensed Software under this  License 
automatically terminate.

d. Represent either expressly or by implication,
appearance, or  otherwise that You represent Licensor
or Contributors in any  capacity or that You have any 
form of legal association by virtue of this  License. 

Under the terms of this License You must:

a. Document any Modifications You make to the 
Licensed Software including the nature of the change,
the authors the change, and  the date of the change.
This documentation must appear both in the Source Code
and in a text file titled "CHANGES" distributed with
the Licensed Software and Your Extensions.

b. Make the Source Code for any Extensions You Deploy
available in a timely fashion via an Electronic
Distribution Mechanism such as FTP or HTTP download.

c. Notify the Licensor of the availability of Source
Code to Your Extensions in a timely fashion and 
include in such notice a brief description of the
Extensions, the distinctive title used, and
instructions on how to acquire the Source Code 
and future updates.

d. Grant Licensor and all third parties a 
world-wide, non-exclusive, royalty-free license 
under any intellectual property rights owned or  
controlled by You to use, reproduce, display, perform,
modify, sublicense, and distribute Your Extensions, 
in any form, under the terms of this License. 


               LICENSE TERMS

1.0 General; Applicability & Definitions. This
Reciprocal Public  License Version 1.0 ("License")
applies to any programs or other works as well  
as any and all updates or maintenance releases 
of said programs or works  ("Software") not 
already covered by this License which
the Software copyright holder ("Licensor") 
makes publicly available containing a Notice
(hereinafter defined) from the Licensor
specifying or allowing  use or distribution under 
the terms of this License. As used in this License 
and Preamble:

1.1 "Contributor" means any person or entity who
created or contributed to the creation of an 
Extension.

1.2 "Deploy" means to use, Serve, sublicense or
distribute Licensed Software other than for 
Your internal Research and/or Personal Use, 
and includes without limitation, any and all 
internal use or distribution  of Licensed 
Software within Your business or organization
other than for  Research and/or Personal Use, 
as well as direct or indirect  sublicensing or
distribution of Licensed Software by You to any
third party in any  form or manner.

1.3 "Derivative Works" as used in this License is
defined under U.S. copyright law.

1.4 "Electronic Distribution Mechanism" means a
mechanism generally  accepted in the software
development community for the electronic transfer of
data such as download from an FTP or web
site, where such mechanism is publicly accessible.

1.5 "Extensions" means any Modifications, Derivative
Works, or Required Components as those terms are
defined in this License.

1.6 "License" means this Reciprocal Public License.

1.7 "Licensed Software" means any Software licensed
pursuant to this  License.  Licensed Software also
includes all previous Extensions from any 
Contributor that You receive.

1.8 "Licensor" means the copyright holder of any
Software previously uncovered by this License who
releases the Software
under the terms of  this License.

1.9 "Modifications" means any additions to or
deletions from the substance or structure of 
(i)  a file or other storage containing  Licensed 
Software, or 
(ii) any new file or storage
that contains any part of Licensed Software, or 
(iii) any file or storage which replaces or otherwise
alters the original functionality of
 Licensed Software at  runtime.

 1.10 "Notice" means the notice contained in EXHIBIT
A.

1.11 "Personal Use" means use of Licensed Software by
an individual solely for his or her personal, private
and non-commercial purposes. An individual's use of 
Licensed Software in his or her capacity as an
officer, employee, member, independent contractor or
agent of a  corporation, business or organization
(commercial or non-commercial)  does not qualify 
as Personal Use.

 1.12 "Required Components" means any text, programs,
 scripts, schema,  interface definitions, control
files, or other works
 created by You  which are required by a third party
of average skill
 to successfully install and run Licensed Software
containing Your
 Modifications, or to install and run Your Derivative
Works.

 1.13 "Research" means investigation or
experimentation
 for the purpose of understanding the nature and
limits of the Licensed
 Software and its potential uses.

 1.14 "Serve" means to deliver Licensed Software
and/or
 Your Extensions by means of a computer network to one
or more
 computers for purposes of  execution of Licensed
Software 
 and/or Your Extensions.

 1.15 "Software" means any computer programs or other
 works as well as any updates or maintenance releases
of those programs
 or works which  are distributed publicly by Licensor.

 1.16 "Source Code" means the preferred form for
making
 modifications to  the Licensed Software and/or Your
Extensions,
 including all modules contained therein, plus any
associated text, interface
 definition  files, scripts used to control
compilation and installation
 of an executable  program or other components
required by a third party
 of average skill to build a running version of the
Licensed Software or
 Your Extensions.

 1.17 "You" or "Your" means an individual or a legal
 entity exercising  rights under this License. For
legal entities, "You"
 or "Your" includes  any entity which controls, is
controlled by, or is
 under common control with, You, where "control" means
(a) the power, direct
 or indirect, to cause the direction or management of
such entity,
 whether by contract or otherwise, or (b) ownership of
fifty percent (50%)
 or more of the outstanding shares or beneficial
ownership of such
 entity.


 2.0 Acceptance Of License. You are not required to
 accept this License since you have not signed it, 
however nothing else grants you  permission
 to use, copy, distribute, modify, or create
 derivatives of either the Software or any Extensions 
created by a Contributor. These actions are
 prohibited by law if you do not accept this License.
 Therefore, by performing any of these actions You
indicate Your
 acceptance of this License and Your agreement to be
bound by all its
 terms and conditions. IF YOU DO NOT AGREE WITH 
ALL THE TERMS AND CONDITIONS OF THIS LICENSE 
 DO  NOT USE, MODIFY, CREATE DERIVATIVES, OR
DISTRIBUTE THE
 SOFTWARE. IF IT IS IMPOSSIBLE FOR YOU TO COMPLY WITH
ALL THE TERMS AND
 CONDITIONS OF  THIS LICENSE THEN YOU CAN NOT USE,
MODIFY, CREATE
 DERIVATIVES, OR  DISTRIBUTE THE SOFTWARE.


 3.0 Grant of License From Licensor. Subject to the
 terms and conditions  of this License, Licensor
hereby grants You a
 world-wide, royalty-free, non-exclusive license,
subject to Licensor's
 intellectual property rights, and any third party
intellectual property
 claims derived from the Licensed Software under this
License, to do the
 following:

 3.1 Use, reproduce, modify, display, perform,
 sublicense and distribute  Licensed Software 
 and Your Extensions in both Source Code form or as an
 executable program.

 3.2 Create Derivative Works (as that term is defined
 under U.S.  copyright law) of Licensed Software by
adding to or
 deleting from the substance or structure of said
Licensed Software.

 3.3 Under claims of patents now or hereafter owned or
 controlled by  Licensor, to make, use, have made,
and/or otherwise
 dispose of Licensed  Software or portions thereof,
but solely to the extent
 that any such claim is necessary to enable You to
make, use, have
 made, and/or otherwise dispose of Licensed Software
or portions
 thereof.

 3.4 Licensor reserves the right to release new
 versions of the Software with different features, 
 specifications, capabilities, functions, licensing 
 terms, general availability or other characteristics.
Title,
 ownership rights, and intellectual property rights in
 and to the  Licensed Software shall remain in
Licensor and/or its
 Contributors.


 4.0 Grant of License From Contributor. By application
 of the provisions in Section 6 below, each
Contributor 
 hereby grants You a world-wide, royalty-free,
non-exclusive 
 license, subject to said Contributor's  intellectual
property 
 rights, and any third party  intellectual property
claims 
 derived from the Licensed Software under this
 License, to do the  following:

 4.1 Use, reproduce, modify, display, perform,
 sublicense and distribute any Extensions Deployed 
 by such Contributor or portions thereof, in 
 both  Source Code form or as an executable program,
either
 on an unmodified basis or as part of Derivative
Works. 

 4.2 Under claims of patents now or hereafter owned or
 controlled by   Contributor, to make, use, have made,
and/or otherwise
 dispose of Extensions or portions thereof, but solely
to the
 extent that any such claim is necessary to enable You
to make, use, have
 made, and/or  otherwise dispose of Contributor's
Extensions or
 portions thereof.


 5.0 Exclusions From License Grant. Nothing in this 
License shall be
 deemed to grant any rights to trademarks, copyrights,
patents, trade
 secrets or any other intellectual property of
Licensor or any
 Contributor except as expressly stated herein. Except
as expressly
 stated in Sections 3 and 4, no other patent rights,
express or implied,
 are granted herein. Your Extensions may require
additional patent
 licenses from Licensor or Contributors which each may
grant in its sole
 discretion. No right is granted to the trademarks of
 Licensor or any Contributor even if such marks are
included in the
 Licensed Software.  Nothing in this License shall be 
interpreted to prohibit Licensor from licensing under 
different terms from this License any code that  
Licensor  otherwise would have a right to license.

 5.1 You expressly acknowledge and agree that although
Licensor and each
 Contributor grants the licenses to their respective
portions of the
 Licensed Software set forth herein, no assurances are
 provided by
 Licensor or any Contributor that the Licensed
Software does not  infringe
 the patent or other intellectual property rights of
any other entity.
 Licensor and each Contributor disclaim any liability
 to You for claims  brought by any other entity based
on infringement of
 intellectual  property rights or otherwise. As a
condition to
 exercising the rights and licenses granted hereunder,
You hereby assume sole
 responsibility  to secure any other intellectual
property rights needed,
 if any. For example, if a third party patent license
is required
 to allow You to  distribute the Licensed Software, it
is Your
 responsibility to acquire that license before
distributing the Licensed
 Software.


 6.0 Your Obligations And Grants. In consideration of,
 and as an express  condition to, the licenses granted
to You under this
 License You hereby agree that any Modifications,
Derivative Works, or
 Required Components  (collectively Extensions) that
You create or to which
 You contribute are  governed by the terms of this
License including,
 without limitation,

 Section 4. Any Extensions that You create or to which
 You contribute must be Deployed under the terms of
this License or a
 future version of this License released under Section
7. You hereby
 grant to Licensor and all third parties a world-wide,
non-exclusive,
 royalty-free license under those intellectual
property rights You own or
 control to use, reproduce, display, perform, modify,
create
 derivatives, sublicense, and  distribute Your
Extensions, in any form. 
 Any Extensions You make and Deploy must have a
distinct title so as to readily
 tell any subsequent  user or Contributor that the
Extensions are by You.
 You must include a copy of this License with every
copy of the Extensions
 You distribute. You agree not to offer or impose any
terms on any
 Source Code or executable version of the Licensed
Software, or its
 Extensions that alter or restrict the applicable
version of this
 License or the recipients' rights hereunder.

 6.1 Availability of Source Code. You must make
 available, under the terms of this License, the
Source Code of the Licensed
 Software and any Extensions that You Deploy, either
on the same media
 as You distribute any executable or other form of the
Licensed Software,
 or via an Electronic Distribution Mechanism. The
Source Code for
 any version of  Licensed Software, or its Extensions
that You Deploy
 must be made
     

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