[License-discuss] For Public Comment: The Contribution Public License

Mon Aug 5 15:11:10 UTC 2019

On Monday, 5 August 2019 15:23:57 CEST Pamela Chestek wrote:
> You've added confusion with these two new paragraphs:
> 
>        You are granted a perpetual, universal, non-exclusive,
>         no-charge, royalty-free, irrevocable (except by not
>         fulfilling the above obligations) copyright license to use
>         and distribute this software without restriction.
> 
>         You are granted a perpetual, universal, non-exclusive,
>         no-charge, royalty-free, irrevocable (except by not
>         fulfilling the above obligations) patent license for all
>         patent claims licensable by any copyright holder your use
>         or distribution of this software would otherwise infringe.
> 
> The are about the same subject matter as paragraphs 2 and 3 but make
> different statements about that subject matter. Why did you add them?

Initially due to Lukas Atkinson's suggestion about adding an Apache 2 styled 
patent grant, though after that it has been heavily changed due to feedback 
I've received from Alexander Terekhov. After rewriting the initial paragraph I 
considered removing them, again, but I was told that this would add 
uncertainty due to the license grants then becoming implicit.

I've attached the current draft in plaintext [1] . Due you think these two 
paragraph add confusion in this draft, as well?

Moritz

PS: For some reason I can't find any of Alexander's emails in the mailing list 
archive [2] despite (most of) them also having been addressed to license-
discuss at lists.opensource.org.

[1] the latest version is also always available at the GitHub repository, but 
I understand that it only makes sense to talk about versions posted here
[2] http://lists.opensource.org/pipermail/license-discuss_lists.opensource.org/2019-August/thread.html

> 
> Pam
> 
> Pamela S. Chestek
> Chestek Legal
> PO Box 2492
> Raleigh, NC 27602
> 919-800-8033
> pamela at chesteklegal.com
> www.chesteklegal.com
> 
> On 8/4/2019 10:39 PM, Moritz Maxeiner wrote:
> > (Hopefully replying to my sent mail works and doesn't start a new thread)
> > 
> > I've incorporated most suggestions (commit 848faa0 in the previously
> > linked to GitHub repository) and attached the new draft as both plaintext
> > and universal diff from previous plaintext.
> > 
> > - conditions -> obligations
> > - at least one publication must be available for at least 30 days
> > - patent grants
> > - explicit irrevocability except in case of obligation violations
> > 
> > Any additional feedback would be welcome.
> > 
> > Thank you for your time.
> > 
> > On Saturday, 3 August 2019 23:48:38 CEST Moritz Maxeiner wrote:
> >> Hello,
> >> 
> >> [...]
> >> 
> >> _______________________________________________
> >> License-discuss mailing list
> >> License-discuss at lists.opensource.org
> >> http://lists.opensource.org/mailman/listinfo/license-discuss_lists.openso
> >> urce.org

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The Contribution Public License 1.0 (Draft)
???????????????????????????????????????????

  *Contributor Notice:* `Licensor Name'

  *Source Notice:* `Primary location of source code'

  You may do everything with this software that would otherwise infringe
  either any contributors' copyright in it, any patent claim any
  contributor can license that covers this software as of that
  contributor's latest contribution, or both, in exchange for your
  promise to fulfill all of the following obligations:

  1. Ensure everyone who receives a copy of this software from you, in
     any form, also receives the text of this license and the
     contributor and source notices above.

  2. License each change you make to this software under this license,
     publish it in its original form through a freely accessible
     distribution system commonly used for similar changes, and ensure
     reasonable availability of it via one such publication for as long
     as you use the hereby granted rights, but no less than 30 days.

  3. Do not make any legal claim against anyone for infringing any
     patent claim they would infringe by using this software alone,
     accusing this software, with or without changes, alone or as part
     of a larger application.

        You are granted a perpetual, universal, non-exclusive,
        no-charge, royalty-free, irrevocable (except in the case
        of breaching the above obligations) copyright license
        without scope limitations.

        You are granted a perpetual, universal, non-exclusive,
        no-charge, royalty-free, irrevocable (except in the case
        of breaching the above obligations) patent license for all
        patent claims covering contributions as embodied in this
        software and licensable by respective contributors without
        other scope limitations.

        There is no warranty for this software, to the extent
        permitted by applicable law. Except when otherwise stated
        in writing the copyright holders and/or other parties
        provide this software "as is" without warranty of any
        kind, either expressed or implied, including, but not
        limited to, the implied warranties of merchantability and
        fitness for a particular purpose. The entire risk as to
        the quality and performance of this sofware is with
        you. Should this software prove defective, you assume the
        cost of all necessary servicing, repair or correction.

        In no event, unless required by applicable law or agreed
        to in writing, will any copyright holder, or any other
        party who makes changes to and/or distributes this
        software as permitted above, be liable to you for damages,
        including any general, special, incidental, or
        consequential damages arising out of the use or inability
        to use this software (including but not limited to loss of
        data or data being rendered inaccurate or losses sustained
        by you or third parties or a failure of this software to
        operate with any other software, hardware, or wetware),
        even if such holder or other party has been advised of the
        possibility of such damages.

        Everyone is permitted to copy and distribute verbatim
        copies of this license.