A BSD-like license that isn't template-based

Dave H dmh at dmh.org.uk
Tue Mar 4 21:10:59 UTC 2003


Hi,

Looking at the various "disclaimer"-style licenses available (BSD, MIT
X11 license, etc.) I notice they tend to be template-based; i.e. each
individually copyrighted work gets it's own separate license in which
the copyright statement is placed.  In contrast, the GPL/MPL/etc.
reference the license with a "Licensed under the Foobar License"-type
statement.

I was wondering if there are any BSD-style licenses which are /not/
template-based.  The closest I've seen is Larry Rosen's Academic Free
License; however the "Mutual Termination for Patent Action" clause,
whilst laudable, gives it more "teeth" than the BSD license; also,
perhaps because of this clause, the FSF list it as being
GPL-incompatible.  Is there anything else out there closer to what I'm
looking for?

Finally, I've attempted to draft a new license, below, based as much as
possible on the BSD license.  It is also slightly influenced by the AFL.
(Note: IANAL.)  I'd appreciate any constructive thoughts on how good or
bad it is compared to a regular BSD-like license, etc.

Many thanks,

Dave

----- BEGIN LICENSE BLOCK -----

$SOMELICENSENAME License
Version 0.1 -- Draft -- DO NOT USE

This $SOMELICENSENAME License applies to any software whose owner has
placed the statement "Licensed under the $SOMELICENSENAME License
version 0.1" immediately after the copyright notice that applies to the
software.

Redistribution and use in source and binary forms, with or without
modification, are permitted provided that the following conditions are
met:

  * Redistributions of source code must retain all copyright notices,
    this list of conditions and the following disclaimer.

  * Redistributions in binary form must reproduce all copyright notices,
    this list of conditions and the following disclaimer in the
    documentation and/or other materials provided with the distribution.

  * Neither the names of the copyright holders nor the names of the
    contributors may be used to endorse or promote products derived from
    this software without specific prior written permission.

THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS
IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED
TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE ARE DISCLAIMED.  IN NO EVENT SHALL THE COPYRIGHT
OWNER OR CONTRIBUTORS 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.

This license is Copyright (c) 2003 $SOMECOPYRIGHTHOLDER.  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.

----- END LICENSE BLOCK -----
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