[License-review] Submission of the Upstream Compatibility License v1.0 (UCL-1.0) for approval

[Nigel T]

Kevin,

Regarding OSD 5 I guess it depends on whether you believe just having a
copyleft license (OSL) is discriminatory.  Given we are starting with an
open source license and granting permissive rights via Apache 2.0 or later
dual license does it "lock anyone out of the process"?  Everybody is
equally able to contribute to open source.  Providing the upstream
developer a dual Apache 2.0 or later license option automatically permits
them to use the derivative works in any subsequent project whether closed,
permissive or copyleft without hassle.

It's submitted as a special purpose license primarily because the designed
for use case is open sourcing an existing closed source product.  The dual
licensing with Apache for upstream gives that developer the commercial
safety of a strong copyleft release (commercial competitors can't simply
take their features and fold it into their own product) without the hassle
of herding a CLA process to keep compatibility between the open and closed
versions.

OSD 5: The license must not discriminate against any person or group of
persons.

Rationale: In order to get the maximum benefit from the process, the
maximum diversity of persons and groups should be equally eligible to
contribute to open sources. Therefore we forbid any open-source license
from locking anybody out of the process.


Regarding transitivity, yes it is.  If I create a work under UCL and you
make a derivative work then I get a Apache license to your additions.  When
a third person creates a new derivative work based on your version using
the rights provided under UCL then you get an Apache license to their
additions and so do I.

That doesn't allow you to reproduce your own closed source version of the
original product but it does mean that if you choose to reuse your own
extensions in a new work, whether closed, Apache or GPL, you can safely use
the latest version in the repo because you've been granted an Apache
license to all the changes.

This is most useful in fairly modular systems.  For example if you added a
cool new filter to a UCL licensed photo editor then you would be able to
reuse, remix or build upon that filter in the future in any subsequent
project.  The provenance of that code and your Apache 2.0 or later license
grant can be traced via the repo of the UCL project you grabbed the latest
version of the filter from even after a fork or two.  Plugins fall into
this category as well.

Regards,

Nigel

On Mon, Oct 24, 2016 at 6:45 PM, Kevin Fleming <kevin+osi at kpfleming.us>
wrote:

> I'm curious to hear your rationale as to why this does not conflict with
> the section 5 of the OSD, since it grants different permissions to various
> groups of people.
>
> Also, I'm *really* curious to hear how this additional license grant isn't
> transitive (which it appears to be, but isn't what you describe as your
> intent). If I publish a work under this license, and you create a
> derivative work and publish it also under this license, then I get
> permission to use your modifications under this license and under the AL2.
> If a third party then makes a derivative of my derivative and publishes it,
> you and I *both* get permission to use their changes under the AL2. If the
> third party's modifications are to portions which you added, and which did
> not exist in any form in my original version, then it's possible that only
> you would receive the additional AL2 license grant.
>
> On Mon, Oct 24, 2016 at 5:04 PM, Nigel T <nigel.2048 at gmail.com> wrote:
>
>> OSI License Submission for Upstream Compatibility License (UCL) v1.0
>>
>> The attached license is submitted to the Open Source Initiative for
>> approval as
>> an OSI-approved Open Source license.
>>
>> RATIONALE:
>>
>> To provide developers wishing to open source an existing closed source
>> product
>> with an Open Source license that is Copyleft for downstream developers and
>> Permissive for upstream developers
>>
>> This provides the author(s) of the original work(s) the benefits of a
>> copyleft
>> release while retaining the ability to freely reuse downstream
>> modifications in
>> their original product without needing to manage Contributor License
>> Agreements
>> or maintain control of the open source project.
>>
>> LICENSE DESIGN:
>>
>> The UCL license is based on the Open Source License v3.0 by Lawrence
>> Rosen.
>> Sections1c and 16 have been changed to provide the licensors of the
>> original work
>> (aka upstream developers) with an Apache 2.0 or later license in addition
>> the to
>> normal terms of OSL v3.0.  There are no other substantive (or
>> intentional) changes
>> to OSL v3 so any other differences found are errors.
>>
>> Section 1c now reads:
>>
>> c) to distribute or communicate copies of the Original Work and
>> Derivative Works
>> to the public, with the proviso that copies of Original Work or
>> Derivative Works
>> that You distribute or communicate shall be licensed under this Upstream
>> Compatibility License, and all Licensors of the Original Work are also
>> granted a
>> license to Your Derivative Work under the Apache License 2.0 or later;
>>
>> Section 16 was modified to update the copyright information of the license
>> itself and to rename the license to UCL.
>>
>> Section 16 now reads:
>>
>> 16) Modification of This License. This License is Copyright © 2005
>> Lawrence
>> Rosen and Copyright © 2016 Nigel Tzeng. Permission is granted to copy,
>> distribute, or communicate this License without modification. Nothing in
>> this
>> License permits You to modify this License as applied to the Original
>> Work or to
>> Derivative Works. However, You may modify the text of this License and
>> copy,
>> distribute or communicate your modified version (the "Modified License")
>> and
>> apply it to other original works of authorship subject to the following
>> conditions: (i) You may not indicate in any way that your Modified
>> License is
>> the "Open Software License" or "OSL" or the “Upstream Compatible License”
>> or
>> “UCL” and you may not use those names in the name of your Modified
>> License; (ii)
>> You must replace the notice specified in the first paragraph above with
>> the
>> notice "Licensed under <insert your license name here>" or with a notice
>> of your
>> own that is not confusingly similar to the notice in this License; and
>> (iii) You
>> may not claim that your original works are open source software unless
>> your
>> Modified License has been approved by Open Source Initiative (OSI) and You
>> comply with its license review and certification process.
>>
>> PROLIFERATION CATEGORY:
>>
>> This license should be categorized as a Special Purpose License.
>>
>> DISTINGUISHING FROM OTHER OSI-APPROVED LICENSES:
>>
>> I believe this licensed is non-duplicative after reviewing the list of
>> OSI
>> approved licenses.  It differs from mainstream strong copyleft open
>> source
>> licenses by providing upstream developers with explicit additional rights
>> (i.e. those granted by Apache 2.0 or later) which cannot be removed by
>> downstream
>> developers as they could be in GPL V3 Section 7. Additional Terms.
>>
>> LEGAL REVIEW:
>>
>> Mr Rosen was kind enough to informally review the UCL and to insure I met
>> the
>> terms of the Section 16 of the OSL.
>>
>> In keeping with the License Approval Process submission guidelines:
>>
>> 1. I have read the Open Source Definition and ensured that this license
>> complies with it (and in fact, this license is an amalgamation of already
>> OSI-approved licenses).
>> 2. This is an Approval submission, as this is a new license (albeit
>> derived
>> from existing OSI-approved licenses).
>> 3. I have appropriate standing to submit this request, as this license
>> was
>> created by me (again, derived from existing OSI-approved licenses).
>> 4. I am subscribed to license-review.
>> 5. This communication is our formal request to license-review.
>>
>> Please approve this license for inclusion on the OSI approved license
>> list.
>>
>> PLAINTEXT COPY OF LICENSE BELOW:
>>
>> ============================================================
>> =====================
>>
>> Upstream Compatible License v. 1.0 (UCL-1.0)
>>
>> This Upstream Compatible License (the "License") applies to any original
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>>
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>> This License is Copyright © 2005 Lawrence Rosen and Copyright © 2016 Nigel
>> Tzeng. Permission is granted to copy, distribute, or communicate this
>> License
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>> License
>> as applied to the Original Work or to Derivative Works. However, You may
>> modify
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>> version (the "Modified License") and apply it to other original works of
>> authorship subject to the following conditions: (i) You may not indicate
>> in any
>> way that your Modified License is the "Open Software License" or "OSL" or
>> the
>> “Upstream Compatibility License” or “UCL” and you may not use those
>> names in the
>> name of your Modified License; (ii) You must replace the notice specified
>> in the
>> first paragraph above with the notice "Licensed under <insert your
>> license name
>> here>" or with a notice of your own that is not confusingly similar to the
>> notice in this License; and (iii) You may not claim that your original
>> works are
>> open source software unless your Modified License has been approved by
>> Open
>> Source Initiative (OSI) and You comply with its license review and
>> certification
>> process.
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