Wondering if my license already exists

Steve D. Perkins steve at steveperkins.net
Wed Aug 3 19:11:40 UTC 2005


Hello all -

    I am wanting to apply what I believe to be a "BSD" or "BSD-style" 
license to a project I am developing.  I have been asking around on 
several newsgroups and forums in an attempt to clarify some confusion I 
have regarding the BSD license, and to ensure that by using it my wishes 
would be properly expressed.  The responses I've been getting are so 
mind-bending, I am at a point now where you could tell me the BSD and 
GPL were the exact same thing and I would believe you!  I should have 
just come to this mailing list first.

    Here is the hypothetical license I would like to apply to my project:

/**************************************************
<SOFTWARE>
Copyright <YEAR>, <OWNER>

Permission is hereby granted to use this software in any manner, in 
whole or in part, in original or modified form, subject to the following 
conditions:.

    * Users of this software must not misrepresent themselves as being 
the original
        author of this software.  Any modification to this software will 
result in a new
       and separate work that must not be misrepresented as equivalent 
to this software.
    * The name of <SOFTWARE> or <OWNER> must not be used to imply
        endorsement of any usage or modification of this software.
    * 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.
**************************************************/

    Can anyone tell me with reasonable assurance whether or not this 
license is functionally equivalent to any existing OSI-approved 
licenses?  It seems to be extremely close to the current BSD license 
(the "disclaimer" in the third clause is directly cut-n-pasted from that 
license).  However, I have some concerns about the BSD's requirements 
regarding copyright notice.  As I have heard it interpreted, the BSD 
license requires the authors of derived works to include the original 
author's copyright notice and terms in the source and docs.  Under this 
interpretation, the spirit of the old "advertising clause" essentially 
persists, just in a less prominent way.

    Under the terms I wish to apply, including my copyright notice and 
licensing terms in derived works is not necessary.  As I view it, ANY 
modification to my software (including the simple act of stripping out 
my copyright notice) results in the creation of a new and separate 
work.  This is completely fine with me, so long as that new work is not 
misrepresented as equivalent to my original work.  I have no interest in 
"protecting my credit" in derived works... quite the contrary, I wish to 
distance myself from derived works while protecting my credit for my 
original work.

    Is this in fact a new license, or is it equivalent to the BSD and my 
interpretation is simply flawed?  Thanks in advance!

Steve Perkins






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