[License-discuss] Request for Comment: Software and Development License, version 3.0

Alec Bloss abloss at libranext.com
Sun Jan 28 19:47:23 UTC 2024


Hi all,

I wanted to ask for comments/input on a license that I've been working on, prior to considering sending it for an official review. It's aim is to be as widely compatible with other open-source licenses without some of the compatibility issues of the GPL licenses or extra requirements of Apache 2.0 license (notification of modified files required), etc. The full text of the license in its current draft is below.
Thanks in advance for your input and all the work that you do!
Alec

Software and Development License version 3.0 (SADLv3)
!!! THIS IS A DRAFT. DO NOT USE THIS LICENSE UNTIL A FINAL VERSION IS APPROVED AND RELEASED !!!
Copyright (C) <Year>, <Copyright holder name(s)>
All rights reserved.

### Overview Brief
The Software and Development License was created to fill what
was perceived as a void in open-source licenses. The GPL licenses, while
great, can and have caused unnecessary incompatibilities with other open-
source licenses. On the other end, the BSD licenses, while widely
compatible, are very permissive and do not have some of the protections
provided in other licenses. The SADL aims to be widely compatible while
still maintaining some protections.

Version 3 aims to provide simpler and more concise wording.
## License
### A. Definition of covered works
Works covered by this license are referred to as the "Work". The binary
(machine-readable format) and source (human-readable format) forms are
covered under this license. Documentation and other types of files such
as images can be licensed under these terms and are considered part of
the Work in those cases.

For the purposes of this license, source files for interpreted languages
(such as BASH, Python, Perl, etc.) are considered both binary and source
formats, since a source file constitutes both a machine-readable and
human-readable format in the case of interpreted languages.

### B. Conditional grant of permissions
1. Redistribution, use, and modification of the Work is permitted when the
conditions listed in this license are met.

2. If any of the conditions of this license are not met, all permissions
granted in this license are automatically terminated until all conditions
of this license are met in full. When compliance is fully restored,
then all permissions are automatically restored.

3. The copyright holder(s) grant a non-exclusive,
royalty-free patent license for the covered Work, if any part
of the work is covered by a patent.

4. The Work is provided by the copyright holder(s) and contributor(s)
without any warranty, either express or implied.

### C. Retention of copyright notices, conditions, and disclaimers
1. Redistributions of source code must retain the copyright notice,
a list of all conditions in this license, and all disclaimers present
in this license.

2. Redistributions in binary form must reproduce the copyright notice,
a list of all conditions in this license, and all disclaimers present in
this license in the documentation and/or other materials provided with
the Work.

3. Neither the name of the copyright holder(s) nor the names of its
contributor(s) may be used to endorse or promote products derived from
this software without specific prior written permission.

### D. Special requirements for the availability of source code
1. Distributors of modified binaries must also make the modified source
code used to produce them available.

2. If user(s) have interactive access to a modified binary via a computer
network, the source code used to produce those binaries must be made
available to the user(s), either for free (no-cost) on a network server,
or a reasonable fee may be charged for the conveyance of a copy on physical
media.

3. If a combined work is distributed as permitted in Section F, Clause 2,
and the license governing the other work(s) combined with the Work
requires disclosure or availability of the source code as a condition of
distribution, then that requirement shall also apply to the Work.

### E. Special permissions
1. The copyright holder(s) may, at their discretion, permit the use of the
Work under later versions of this license. This permission is only granted
when explicitly mentioned in the copyright notice. Copyright holder(s)
should include the following statement if this is desired:

"The Work is covered under the Software and Development License,
version 3.0. You may use the Work under this version, or at your option,
any later version of the SADL."

2. Permission is granted to distribute the Work when combined via linking
with other works, provided that the other work's license permits modification
and redistribution of source and binary forms.

Linking refers to both dynamic and static linking of compiled programs with
libraries that provide functionality or enhancements. For the purpose of
this permission, linking also refers to when interpreted languages (such as
BASH, Python, Perl, etc.) include functions or portions of other works to
enhance or provide functionality.

Linking or combining works under this permission does not alter the terms
covering this Work, but simply permits you to distribute the combined
work so as to not impose an unnecessary license conflict, as long as the permission to
modify and distribute is allowed by the license terms of all the works used to create
the combination.

3. Permission is granted to use the work as a data input or data source for
machine learning, commonly referred to as "AI", "Artificial Intelligence",
"LLM"/"Large Language Model", and/or other algorithmic methodologies that
utilize significant amounts of data from multiple sources and a set of
user-specified instructions and/or constraints to provide (presumably) intelligent
and tailored output, provided that the output of such reproduces the copyright
notice and this list of conditions.

Because the output of the Work during normal use and execution is not considered
to be a part of the Work, this license does not restrict the use of the output
obtained from the Work.

### F. Restrictions, requirements, and additional grant of permissions
1. When the Work is distributed to other user(s), whether directly or indirectly,
the user(s) automatically receive a license from the copyright holder(s) and
contributor(s). Termination of an individual or entity's license under Section B,
Clause 2 does not affect any other user(s) license to use the Work, even if the
user(s) received the Work from the entity or individual(s) that have had their
license terminated.

2. Copyright holder(s) and distributors may not impose additional
terms or requirements that restrict or remove any permissions or conditions of this
license. Should additional terms or requirements be imposed, they may be disregarded
as null and void. However, the full terms and conditions of this license remain
in effect.

3. Additional permissions may be granted by the copyright holder(s). These additional
permissions are exceptions to one or more conditions of this license.

### G. Disclaimers
1. THE WORK IS PROVIDED BY THE COPYRIGHT HOLDER(S), CONTRIBUTOR(S), AND DISTRIBUTOR(S)
"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 HOLDER(S), CONTRIBUTOR(S), OR DISTRIBUTOR(S)
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 THE WORK, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
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