[License-discuss] a Free Island Public License?

Clark C. Evans cce at clarkevans.com
Mon Dec 12 18:45:28 UTC 2011


I'd love your high-level thoughts on a "Free Island" 
license or anything that might be similar in nature.

...

FREE ISLAND PUBLIC LICENSE (v0.2 on 12 DEC 2011)

This software is licensed for any purpose excepting
the right to make publicly available derived works 
which depend exclusively upon non-free components.

So long as this copyright and license are included 
in all substantial copies of this work you may:

1. Publicly copy and use verbatim copies of this
   work including public distribution and performance.

2. Privately deal with this work in any way you wish,
   including internal usage, copying, and modification
   of this work.

You may also make publicly available via distribution 
or public performance any Derived Work only if the
following conditions are met:

1. the preferred source code for the Derived Work must
   be made freely available under this license;

2. the Derived Work must pass the Free Island test.

By "Derived Work" we mean a modified copy or adaptation
of this work or a separate work such as a plug-in,
protocol adapter, or wrapper which is designed to have
intimate interactions with this work's operational
details, or interfaces.

A Derived Work passes the "Free Island" test if it could
be prepared, modified, compiled, tested, installed, and
operated in a manner advertised or expected using only
Commodity Hardware, Free Software, this software, and the
Derived Work itself.  In particular, the Derived Work
fails this test if it depends upon proprietary software,
remote services or hardware to provide features that do
not have a corresponding Free Software implementation.

By Free Software we mean any software which is readily
available to the public without fee and with this
license, any license approved by the Open Source
Initiative or any license considered free by the Free
Software Foundation.

By Commodity Hardware we mean a computing device which
has substitutes in a marketplace and is priced under
fair, reasonable and non-discriminatory terms (FRAND).

A safe harbor for passing the Free Island test is if the
Derived Work is fully usable as intended when compiled &
installed on a set of networked Debian virtual machines
using software only from its 'free' distribution, the KVM
emulator, and no outside network connectivity.  If the
work is created for the purposes of interfacing with
proprietary hardware or services, then a sufficiently
complete emulation of those components must be made
available as Free Software.

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




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