[License-discuss] Discussion on new revision of Master-Console's Open Source Definitive License(MCopdl)
Wayne A Rangel
waynerangelboy at gmail.com
Wed May 29 12:12:15 UTC 2019
Hello, recently I had sent emails to the license-review list for reviewing
the license called Master-Console's Open-Source Definitive License(MCopdl)
but it lacked some legal terms, had grammatical errors, some issues that
violated the free and open source terms, figured out thanks to the members
at Open-Source Initiative. Thus, I had devised a new revision of the
license but I still don't think it would be much like a license or a legal
document, where I could get your help in implementing things the right way.
This license reveals to get all the terms to the common man who is using
it, know of what the license really does, so it is very explanatory but
when looked in the legal way of writing looks terrible, where I could get
your help. The revised version is attached below and this will be the last
time I will send the revised version because problems need to be discussed.
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x---------------------------------------------Master-Console's Open-Source Definitive License---------------------------------------------------x
x--------------------------------------------------------------v1.0 revision-2------------------------------------------------------------------x
x-----------------------------------------------URL for this license is not available yet-------------------------------------------------------x
Master-Console's Open-Source Definitive License registers the corresponding licensed product/products under the License's Terms and Conditions to which anyone using this product/products should comply with.
Please note that all definitions and terms are important to the license before anyone does anything with regards to the license.
The following are the TERMS AND CONDITIONS:
1. License Definitions
"Definition" means all the defined terms and conditions to be followed through the end of this document.
"Source" implies to the core files, the code used, documents and resources used in the product. This definition also applies to 'source code'.
"Product" means any program, package, binary, source, assets, resource or anything finally available with the source with which is licensed
under this particular license. This definition also applies to 'software'.
"Open-Source" denotes software or product for which the original source code is made freely available and may be redistributed and modified under
the terms and conditions of this license.
"Circumstances" means all the rights and ways through which the product license is to be followed.
"This License" shall mean that the definitions followed through the terms and conditions of this document till the end of this
document.
"The One" can refer to a single individual, a group or a decentralized or centralized organization, a country.
"Creator" shall mean the one who has all the copyright ownership of one's own product who can license, unlicense or change the circumstances to comply
with this product but not the definitions of this license. The Creator does not mean the one who has created the product, it only does
mean the one who firstly licensed and published the product.
"Owner" shall mean the one who has all the copyright ownership of one's own right to the product given by the Creator and based on the rights
given by the Creator, the Owner can thus license, unlicense or change the circumstances to comply with this product but not the definitions of this license.
Owner is meant to be another one but if it is the Creator, then the 'Owner' definition does not apply and thus the Creator itself becomes the Owner with all rights.
"Authorisation" shall mean that some permissions and exclusive rights granted to someone by the Owner or Creator.
"Trusted Authoritative" shall mean the one who has been authorised with some access to the source in compliance with the Creator or Owner's terms.
A Trusted Authoritative cannot be chosen simply and can only be chosen for a dozens of contributions or for a highly successive improvement.
This is because the one needs to get trusted by everyone and also discrimination can take place on the basis of the Creator or Owner's choice.
A Trusted Authoritative is not an Owner or Creator but holds copyright done in accordance to the product.
A Member and Contributor can become a Trusted Authoritative.
"Member" shall mean anyone who is a part of the one which if the one is a group, a decentralized or centralized organization or even a country.
This definition does not apply if the one is a single individual.
"Contributor" shall mean anyone who does a contributive task for the product, its source or any part of the product.
"Publisher" shall mean anyone who publishes the source, product or a part of the product with respect to this license.
"User" shall mean anyone who agrees with the product, this license and uses the product, its source or uses a part of the product in their product.
"Operation" shall mean anything done with regards to the product.
"Revert" shall mean the source or anything which does not comply with the license and product terms.
"Damage" shall mean any harm done with regards to the product or its source.
"Task" shall mean work or activity involving mental or physical effort done in order to achieve a purpose or result.
"Authoritative Task" shall mean a task done by the one who holds copyright done in accordance with the product and the one who's task need
no verification. This implies to work done by the Creator, Owner, Trusted Authoritative. Even though Trusted Authoritative's
task need no verification, it doesn't mean the one holds all rights as that of a Creator or Owner since the product or source
is free and is in equal status for all.
"Contributive Task" shall mean a task done by a Contributor in accordance with the product and the task which needs verification.
A Contributive task aims to fulfill the needs or make the product fortunate and convenient for the users and thus can mean
any work of art, code, documents, resource, and others in compliance with the product.
"Code analyzer" shall mean anything or anyone who is certified for code analyzation who is not friendly meaning anyone not closely relative to the Owner.
"End-User" shall mean any user who actually uses a particular product in the convention, that is, runs it.
2. Source Distribution and Redistribution
The Source distributed must be disclosed, that is the product should be open-source under the following terms:
-Task done in accordance with the product must be licensed under the same license. This can apply to any part of the product,
even native code, that is the compiled code. This does not apply to other products not licensed under this license which means this product should always be licensed under this license but the ones who are using in their code may or may not license their products under this license.
-Source distributed or redistributed must be Open-Source and should be Free for all. This only applies to the product licensed under this license
and not any others.
-A copy of this license must be held in every copy of the product.
-All other mediums the product is distributed with can be either open-source or closed-source but the product must be open-source, that is,
other products have their own Creator, Owners and they decide whether to keep their code open-source but when a product which is licensed
under this license is used, only the used part of the product should be open-source. Thus the other part is the decision of the one who holds all copyright ownership on their product and can either disclose or undisclose it.
-Changes done to the source code must be stated.
-The Owner can provide their own terms and conditions to work with circumstances through their product.
-The modification should take with respect to the dignity of the original author, with proper liability for the modifier's and
the original author's code but not for others.
-Private distribution in organizations and charity is allowed with their own likely modification.
-The source distributed should just not be made available to see by the public by transcripts but should be available at a repository like base.
An example of transcripts can be a site to view code publicly but not to be able to download or verify the code.
-If the source has advanced beneficial improvement, that is a compiled product with the best principles and greater features than the original compiled product. The User can make it a commercial product but with compliance with the product, its Owner and the license.
However, the Creator or Owner can revoke the license and the product distribution anytime if they see anything not acting in accordance
with the license and their terms.
3. Source Permissions
This license grants and restricts some permissions under the distribution and definitions of this license. The following are the permissions:
-Commercial Use: This is permitted but under the distribution terms of this license which can be found above
and with the monitoring of the Owner or Creator. Monitoring does not mean that the Creator or Owner
cannot allow anyone to modify, distribute, use the Product or its source. It simply means that
the Creator or Owner can monitor whether the distribution terms and conditions are followed or not.
-Distribution: This is permitted but under the distribution terms of this license which can be found above.
The distributed source should always be free for all. Monitoring does not mean that the Creator or Owner
cannot allow anyone to modify, distribute, use the Product or its source. It simply means that
the Creator or Owner can monitor whether the distribution terms and conditions are followed or not.
-Modification: This is permitted but under the distribution terms of this license which can be found above
and with the monitoring of the Owner or Creator. Monitoring does not mean that the Creator or Owner
cannot allow anyone to modify, distribute, use the Product or its source. It simply means that
the Creator or Owner can monitor whether the distribution terms and conditions are followed or not.
-Private Use: This is permitted but under the distribution terms of this license which can be found above.
-Trademark Use: This is not permitted except for the Creator, Owner, Trusted Authoritative. The Trademark
of the product can also be used with the authorization of the Original Owner.
-Liability: This license does not hold persons such as a Trusted Authoritative, Member, Contributor or a User responsible
for operations taken on behalf of the Product Owner. Thus this license includes a limitation of liability. But
damages from the Source, Creator, Owner, a Trusted Authoritative, a Member or a Contributor are liable.
-Warranty: This license does not hold persons such as Creator, Owner, a Trusted Authoritative, a Member or a Contributor
for damages and bad operations done by the product when used by the End-User if any.
Thus this license provides no warranty.
-Revertive Distribution: Some Developers want the source to be safe, malware-free, stable. This can be monitored by the Creator,
The Owner and if found, they can ask the distributor/distributors to revert the code to being helpful rather than being with a malicious or unstable version of the source. If still, the distributor does not comply, the Creator,
The Owner can report and takedown that source. This is only an optional feature of this license and it is the Creator, Owner's choice to apply the Revertive Distribution act. This act is granted only 3 times since abuse of the license can also take place or if there was a potential exploitation code which is still used and ignored by the owner, thus this is limited to 3.
Remember that anything the Creator or the Owner implies as unsafe, malicious cannot be applied by the Revertive Distribution act, this requires proper verification. If the code is malicious, this has to not only be verified by the Owner but another code analyzer and with verification from them that the source or the part of the source is intended to be malicious or unsafe with being shown to the distributor/distributors.
Now if the code is unstable, that is, a version of the source or product used for testing, all members in the testing program if any can be checked for distributing the unstable version. But if the unstable version or the source is used without being a member of the testing program the Owner maintains, the Revertive Distribution act can be applied, also proper verification is needed if the source has to be taken down by a protection unit
because the source or product should prove it to be unstable. Revertive Distribution is granted to anyone if the source is used privately.
-Transcripted Use: This is not permitted for anyone. A transcripted site can be a site to view code publicly but not to be
able to use, download and verify the code. This is required since large products have tons of sources. This means code to be stored and disclosed in a repository like a base for everyone. Remember that it does not mean to be only hosted on a repository but
where each part of the source is available as raw with being fully accessible and free for all. This means code to be hosted anywhere but if also accessible from a web interface, needs to be accessible without
any external tools and as raw data in the case of a static browser and not forcefully let download all the source at once, which means each part of the source to be available as
raw data within a static browser, a static download task or anything relative to. However, the interfaces can be anything applied to these terms. Transcripted use is granted to anyone if the source is used privately.
4. Copyright Infringement
COPYRIGHT INFRINGEMENT IS THE USE OF TASKS OR WORKS PROTECTED BY COPYRIGHT LAW WITHOUT PERMISSION, INFRINGING CERTAIN EXCLUSIVE RIGHTS
GRANTED TO THE COPYRIGHT HOLDER, SUCH AS THE RIGHT TO REPRODUCE, DISTRIBUTE, DISPLAY OR PERFORM THE PROTECTED WORK, OR TO MAKE SELF-AUTHORISED WORKS.
COPYRIGHT INFRINGEMENT OF THIS PRODUCT IS CERTAINLY NOT ALLOWED BY ANY MEANS EVEN IF IT IS OPEN-SOURCE BECAUSE THE INFRINGER MEANING THE ONE
WHO INFRINGES THE OWNER'S TASK MAY HANDLE THE SOURCE WITH ANOTHER LICENSE, BREAK THE LICENSE, CIRCUMSTANCES, DEFINITIONS AND ALSO THE TERMS
AND CONDITIONS DEFINED BY THE ACTUAL OWNER, THEN THE INFRINGED SOURCES ARE TO BE TAKEN DOWN AND SHOULD BE UNDISCLOSED TO PUBLIC IF ANY.
IF THIS PRODUCT ITSELF INFRINGES THE RIGHTS AND TERMS OF ANY OTHER PRODUCT, THEN THIS LICENSE CANNOT BE APPLIED TO THIS PRODUCT AND
THUS HAS NO PROTECTION. IF PROPER AUTHORISATION HAS BEEN GIVEN FROM THE ACTUAL OWNER, THEN COPYRIGHT INFRINGEMENT IS NOT APPLIED TO THIS
PRODUCT OWNER AND THEN PROPER AUTHORISATION IS GIVEN TO A USER FROM THIS PRODUCT OWNER OR THE ACTUAL OWNER OF ANOTHER PRODUCT WHICH THIS PRODUCT
USES, THEN TOO COPYRIGHT INFRINGEMENT IS NOT APPLIED BUT THE COPYRIGHTED CONTENT SHOULD BELONG TO THEIR RESPECTIVE OWNERS BEFORE TAKING ANY ACTION.
5. Disclaimer for Trademark Use
THE USER WHO EXPLICITLY USES ALL THE RESOURCES OF THE PRODUCT SHALL NOT SELL NOR USE THE PRODUCT TRADEMARK UNDER COMMERCIAL USE OR STATING TO BE
OR IN UNDER HIS PATENT USE. TRADEMARK USE IS ONLY ALLOWED WITH THE PROPER AUTHORISATION, IF THE WORK DONE IS FROM THE CREATOR, OWNER, TRUSTED
AUTHORITATIVE, MEMBER OR A CONTRIBUTOR.
6. Disclaimer of Transcripted Use
ANYONE WHO EXPLICITLY USES ALL THE RESOURCES OF THE PRODUCT SHALL NOT HOST NOR STORE THE SOURCE IN A TRANSCRIPTED ENVIRONMENT WHICH DOES
NOT COMPLETELY LET ANYONE ACCESS THE RESOURCES UNDER THE OPEN SOURCE TERMS. THE SOURCE IF HOSTED CAN ONLY BE IN A REPOSITORY LIKE BASE
WHICH MEANS IT NEED NOT BE A REPOSITORY BUT IT SHOULD LET USERS ACCESS THE SOURCE, DOWNLOAD, VIEW AND VERIFY ITS INTEGRITY WITH BEING FREE FOR
FOR ALL WITHOUT THE NEED OF EXTERNAL TOOLS IF ANY. THIS DOES NOT APPLY TO PRIVATE USE SINCE IT IS NOT ACCESSIBLE TO PUBLIC.
7. Disclaimer of Warranty.
THE ONE WHO IS THE SOLE LICENSOR MEANING THE ONE WHO LICENSED THIS PRODUCT UNDER NO CONDITION WILL BE APPLIED FOR WARRANTY OF THEIR PRODUCT SUCH AS
THE USER WHO USES THE PRODUCT CANNOT ACT UPON WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES
STATED BY THE LICENSOR. THIS LICENSE THUS STATES THAT THE PROGRAM USERS ARE IN CHARGE OF HARM IN ANY KIND OF USAGE OF THIS PRODUCT UNLESS
THEY ARE GIVEN SPECIAL RIGHTS BY THE LICENSOR.
8. Limitation of Liability.
THIS LICENSE, THE LICENSED PRODUCT, AND THE RELATIVE KEYS MEANING THE RESOURCES USED WILL BE LIABLE TO THE USER IN CHARGE FOR DAMAGES,
INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE PRODUCT, INCLUDING BUT NOT
LIMITED TO THE DAMAGES DONE FROM THE SOURCE, PRODUCT OR THE CREATOR, OWNER, A TRUSTED AUTHORITATIVE, A MEMBER OR A CONTRIBUTOR.
9. Limitation of Revertive Distribution
THE USER WHO EXPLICITLY USES ALL THE RESOURCES OF THE PRODUCT SHALL NOT UPLOAD, HOST OR STORE AN UNSAFE, MALICIOUS, UNSTABLE VERSION OF THE PRODUCT
IF IT IS THE SOURCE OR IF IT IS THE FINAL PRODUCT ITSELF REVEALING TO BE UNSAFE, MALICIOUS OR UNSTABLE VERSION BY A CODE ANALYSER,
UNLESS WITH PROPER AUTHORISATION, IF THE WORK DONE IS FROM THE CREATOR, OWNER, TRUSTED AUTHORITATIVE, MEMBER OR A CONTRIBUTOR.
10. Compatibility with Other Licenses
MASTER-CONSOLE'S OPEN-SOURCE DEFINITIVE LICENSE(MCopdl) V1.0 REVISION-2 IS WRITTEN WITH ACCORDANCE AND SIMILARITY TO OTHER POPULAR LICENSES TO NOT
MAKE ANY FAULT IN THE TERMS ''AGREED''. HOWEVER, COMPATIBILITY WITH OTHER LICENSE/LICENSES USED IN THE PRODUCT DEPENDS ON THE PRODUCT ITSELF AND THE LICENSE USED.
11. License Details
V1.0 REVISION-2 OF THIS LICENSE REMOVES SOME EXPLICITLY GRANTED RIGHTS TO SOME ENTITIES WHICH VIOLATE THE OPEN SOURCE TERMS AND FIXES SOME GRAMMATICAL ERRORS FOUND, THANKS TO
THE OPEN-SOURCE INITIATIVE.
License name: Master-Console's Open-Source Definitive License
License codename: MCopdl
License version: v1.0 revision-2
OSI(Open-Source Initiative) Approved: Not yet
FSF(Free Software Foundation) Approved: Not yet
GPL(General Public License) compatible: Needs decision
***Anything else to be approved and compatible with ***
x-----------------------------------------------------------------------------------------------------------------------------------------------x
THE LICENSE DEFINITIONS, TERMS, AND CONDITIONS END HERE. CIRCUMSTANCES TO BE FOLLOWED ARE THE CHOICE OF THE PRODUCT'S RESPECTIVE OWNERS.
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