[License-review] EUPL v1.2
Richard Fontana
fontana at opensource.org
Fri Jun 2 17:29:11 UTC 2017
Some references that may be useful:
https://lists.opensource.org/pipermail/license-review/2013-March/001875.html
https://lists.opensource.org/pipermail/license-review/2013-March/001880.html
https://lists.opensource.org/pipermail/license-review/2013-March/001883.html
On Fri, Jun 02, 2017 at 01:59:35PM +0200, Patrice-Emmanuel Schmitz wrote:
> Dear OSI Board,
>
> On 25 June 2014, the OSI board recommended (see "HISTORIC" record below)
> the approval of the draft EUPL v1.2 ("Recommendation: Board to approve when
> license is finalized").
> It has taken a lot of time for the "European Government" to move since this
> final draft (I know, more than two years, nearly three...), but the result
> is there finally with the publication of the licence with equal working
> value in 23 languages. Croatian was added.
> See: OJ 19/05/2017 L128 *p. 59–64*
> <http://eur-lex.europa.eu/legal-content/FR/TXT/?uri=uriserv:OJ.L_.2017.128.01.0059.01.FRA&toc=OJ:L:2017:128:TOC>
>
> The draft has not changed significantly since 2014, but due to the
> elapsed time it seems appropriate to reiterate the process:
>
> Submission type: approval
> Licence name: EUPL v1.2
> Plaintext copy: attached in English (UTF-8)
> Rationale: updating the existing OSI approved EUPL v1.1
> Distinguish:
>
> - EUPL is the sole licence in the world with working value in 23
> languages. There are no equivalent.
> - Created by the European Commission and, as such, the only license
> which has written by an international governing body. It has been
> written from the ground up for to solve the legal uncertainties, both
> real and perceived, which arise from incompatibility between U.S.-law
> anchored licenses and enforceability under European law.
> - It is both copyleft AND compatible. This is an original approach
> establishing a new category of "copyleft-compatible" licenses
> - This approach is followed/shared by CECILL-2.1
> <https://opensource.org/licenses/CECILL-2.1> and by LiLiQ-R /
> LiLiQR+ that are also "copyleft-compatible".
>
> Legal review: the licence has been reviewed in conformity to the European
> law, in particular the Directive 2009/24/EC on the legal protection of
> computer programs and regulation related to product liability.
> Legal analysis: published in International Free and Open Source Law Review
> IFOSSLR (http://www.ifosslr.org/ifosslr/article/view/91/164)
> Full information: on Joinup.eu
> <https://joinup.ec.europa.eu/community/eupl/news/understanding-eupl-v12>
> Proliferation category: after 10 years existence, support from the European
> institutions, and more than 15.000 projects reported, the license could now
> be categorised as "With strong community". Regarding licence
> proliferation, the "copyleft-compatible" approach solves issues, because
> establishing compatibility with GPL v2, GPL v3, AGPL and other copyleft
> licences.
>
> Thank you for your attention,
> Patrice-Emmanuel Schmitz
> Lawyer
> Joinup.eu legal support
>
>
> HISTORIC RECORD:
>
> From: Luis Villa <luis at tieguy.org>
> Date: 2014-06-25 15:52 GMT+02:00
> Subject: [License-review] License Committee Report - for board meeting
> [NASA, EUPL, and Tidepool]
> To: License Review <license-review at opensource.org>
>
>
> This email is my report for licenses currently submitted to the OSI.
> If anybody disagrees with my assessment of the list's comments or
> conclusions, please change the subject line to be specific to the
> license you want to discuss, and comment before the meeting of Nov. 6.
>
>
> EUPL 1.2
> =======
>
> Submission: http://projects.opensource.org/pipermail/license-review/
> 2013-March/000540.html
>
> Comments: John Cowan reviewed the changes to the (earlier-approved)
> versions of the EUPL, and found nothing objectionable. No further
> objections have been raised, but we have been asked not to approve
> until the license is finalized.
>
> Recommendation: Board to approve when license is finalized.
> _______________________________________________
> License-review mailing list
> License-review at opensource.org
> http://projects.opensource.org/cgi-bin/mailman/listinfo/license-review
>
>
>
> --
> Patrice-Emmanuel Schmitz
> pe.schmitz at googlemail.com
> tel. + 32 478 50 40 65
> EUROPEAN UNION PUBLIC LICENCE v. 1.2
> EUPL © the European Union 2007, 2016
>
> This European Union Public Licence (the ‘EUPL’) applies to the Work (as defined below) which is provided under the
> terms of this Licence. Any use of the Work, other than as authorised under this Licence is prohibited (to the extent such
> use is covered by a right of the copyright holder of the Work).
> The Work is provided under the terms of this Licence when the Licensor (as defined below) has placed the following
> notice immediately following the copyright notice for the Work:
> Licensed under the EUPL
> or has expressed by any other means his willingness to license under the EUPL.
>
> 1.Definitions
> In this Licence, the following terms have the following meaning:
> — ‘The Licence’:this Licence.
> — ‘The Original Work’:the work or software distributed or communicated by the Licensor under this Licence, available
> as Source Code and also as Executable Code as the case may be.
> — ‘Derivative Works’:the works or software that could be created by the Licensee, based upon the Original Work or
> modifications thereof. This Licence does not define the extent of modification or dependence on the Original Work
> required in order to classify a work as a Derivative Work; this extent is determined by copyright law applicable in
> the country mentioned in Article 15.
> — ‘The Work’:the Original Work or its Derivative Works.
> — ‘The Source Code’:the human-readable form of the Work which is the most convenient for people to study and
> modify.
> — ‘The Executable Code’:any code which has generally been compiled and which is meant to be interpreted by
> a computer as a program.
> — ‘The Licensor’:the natural or legal person that distributes or communicates the Work under the Licence.
> — ‘Contributor(s)’:any natural or legal person who modifies the Work under the Licence, or otherwise contributes to
> the creation of a Derivative Work.
> — ‘The Licensee’ or ‘You’:any natural or legal person who makes any usage of the Work under the terms of the
> Licence.
> — ‘Distribution’ or ‘Communication’:any act of selling, giving, lending, renting, distributing, communicating,
> transmitting, or otherwise making available, online or offline, copies of the Work or providing access to its essential
> functionalities at the disposal of any other natural or legal person.
>
> 2.Scope of the rights granted by the Licence
> The Licensor hereby grants You a worldwide, royalty-free, non-exclusive, sublicensable licence to do the following, for
> the duration of copyright vested in the Original Work:
> — use the Work in any circumstance and for all usage,
> — reproduce the Work,
> — modify the Work, and make Derivative Works based upon the Work,
> — communicate to the public, including the right to make available or display the Work or copies thereof to the public
> and perform publicly, as the case may be, the Work,
> — distribute the Work or copies thereof,
> — lend and rent the Work or copies thereof,
> — sublicense rights in the Work or copies thereof.
> Those rights can be exercised on any media, supports and formats, whether now known or later invented, as far as the
> applicable law permits so.
> In the countries where moral rights apply, the Licensor waives his right to exercise his moral right to the extent allowed
> by law in order to make effective the licence of the economic rights here above listed.
> The Licensor grants to the Licensee royalty-free, non-exclusive usage rights to any patents held by the Licensor, to the
> extent necessary to make use of the rights granted on the Work under this Licence.
>
> 3.Communication of the Source Code
> The Licensor may provide the Work either in its Source Code form, or as Executable Code. If the Work is provided as
> Executable Code, the Licensor provides in addition a machine-readable copy of the Source Code of the Work along with
> each copy of the Work that the Licensor distributes or indicates, in a notice following the copyright notice attached to
> the Work, a repository where the Source Code is easily and freely accessible for as long as the Licensor continues to
> distribute or communicate the Work.
>
> 4.Limitations on copyright
> Nothing in this Licence is intended to deprive the Licensee of the benefits from any exception or limitation to the
> exclusive rights of the rights owners in the Work, of the exhaustion of those rights or of other applicable limitations
> thereto.
>
> 5.Obligations of the Licensee
> The grant of the rights mentioned above is subject to some restrictions and obligations imposed on the Licensee. Those
> obligations are the following:
>
> Attribution right: The Licensee shall keep intact all copyright, patent or trademarks notices and all notices that refer to
> the Licence and to the disclaimer of warranties. The Licensee must include a copy of such notices and a copy of the
> Licence with every copy of the Work he/she distributes or communicates. The Licensee must cause any Derivative Work
> to carry prominent notices stating that the Work has been modified and the date of modification.
>
> Copyleft clause: If the Licensee distributes or communicates copies of the Original Works or Derivative Works, this
> Distribution or Communication will be done under the terms of this Licence or of a later version of this Licence unless
> the Original Work is expressly distributed only under this version of the Licence — for example by communicating
> ‘EUPL v. 1.2 only’. The Licensee (becoming Licensor) cannot offer or impose any additional terms or conditions on the
> Work or Derivative Work that alter or restrict the terms of the Licence.
>
> Compatibility clause: If the Licensee Distributes or Communicates Derivative Works or copies thereof based upon both
> the Work and another work licensed under a Compatible Licence, this Distribution or Communication can be done
> under the terms of this Compatible Licence. For the sake of this clause, ‘Compatible Licence’ refers to the licences listed
> in the appendix attached to this Licence. Should the Licensee's obligations under the Compatible Licence conflict with
> his/her obligations under this Licence, the obligations of the Compatible Licence shall prevail.
>
> Provision of Source Code: When distributing or communicating copies of the Work, the Licensee will provide
> a machine-readable copy of the Source Code or indicate a repository where this Source will be easily and freely available
> for as long as the Licensee continues to distribute or communicate the Work.
> Legal Protection: This Licence does not grant permission to use the trade names, trademarks, service marks, or names
> of the Licensor, except as required for reasonable and customary use in describing the origin of the Work and
> reproducing the content of the copyright notice.
>
> 6.Chain of Authorship
> The original Licensor warrants that the copyright in the Original Work granted hereunder is owned by him/her or
> licensed to him/her and that he/she has the power and authority to grant the Licence.
> Each Contributor warrants that the copyright in the modifications he/she brings to the Work are owned by him/her or
> licensed to him/her and that he/she has the power and authority to grant the Licence.
> Each time You accept the Licence, the original Licensor and subsequent Contributors grant You a licence to their contributions
> to the Work, under the terms of this Licence.
>
> 7.Disclaimer of Warranty
> The Work is a work in progress, which is continuously improved by numerous Contributors. It is not a finished work
> and may therefore contain defects or ‘bugs’ inherent to this type of development.
> For the above reason, the Work is provided under the Licence on an ‘as is’ basis and without warranties of any kind
> concerning the Work, including without limitation merchantability, fitness for a particular purpose, absence of defects or
> errors, accuracy, non-infringement of intellectual property rights other than copyright as stated in Article 6 of this
> Licence.
> This disclaimer of warranty is an essential part of the Licence and a condition for the grant of any rights to the Work.
>
> 8.Disclaimer of Liability
> Except in the cases of wilful misconduct or damages directly caused to natural persons, the Licensor will in no event be
> liable for any direct or indirect, material or moral, damages of any kind, arising out of the Licence or of the use of the
> Work, including without limitation, damages for loss of goodwill, work stoppage, computer failure or malfunction, loss
> of data or any commercial damage, even if the Licensor has been advised of the possibility of such damage. However,
> the Licensor will be liable under statutory product liability laws as far such laws apply to the Work.
>
> 9.Additional agreements
> While distributing the Work, You may choose to conclude an additional agreement, defining obligations or services
> consistent with this Licence. However, if accepting obligations, You may act only on your own behalf and on your sole
> responsibility, not on behalf of the original Licensor or any other Contributor, and only if You agree to indemnify,
> defend, and hold each Contributor harmless for any liability incurred by, or claims asserted against such Contributor by
> the fact You have accepted any warranty or additional liability.
>
> 10.Acceptance of the Licence
> The provisions of this Licence can be accepted by clicking on an icon ‘I agree’ placed under the bottom of a window
> displaying the text of this Licence or by affirming consent in any other similar way, in accordance with the rules of
> applicable law. Clicking on that icon indicates your clear and irrevocable acceptance of this Licence and all of its terms
> and conditions.
> Similarly, you irrevocably accept this Licence and all of its terms and conditions by exercising any rights granted to You
> by Article 2 of this Licence, such as the use of the Work, the creation by You of a Derivative Work or the Distribution
> or Communication by You of the Work or copies thereof.
>
> 11.Information to the public
> In case of any Distribution or Communication of the Work by means of electronic communication by You (for example,
> by offering to download the Work from a remote location) the distribution channel or media (for example, a website)
> must at least provide to the public the information requested by the applicable law regarding the Licensor, the Licence
> and the way it may be accessible, concluded, stored and reproduced by the Licensee.
>
> 12.Termination of the Licence
> The Licence and the rights granted hereunder will terminate automatically upon any breach by the Licensee of the terms
> of the Licence.
> Such a termination will not terminate the licences of any person who has received the Work from the Licensee under
> the Licence, provided such persons remain in full compliance with the Licence.
>
> 13.Miscellaneous
> Without prejudice of Article 9 above, the Licence represents the complete agreement between the Parties as to the
> Work.
> If any provision of the Licence is invalid or unenforceable under applicable law, this will not affect the validity or
> enforceability of the Licence as a whole. Such provision will be construed or reformed so as necessary to make it valid
> and enforceable.
> The European Commission may publish other linguistic versions or new versions of this Licence or updated versions of
> the Appendix, so far this is required and reasonable, without reducing the scope of the rights granted by the Licence.
> New versions of the Licence will be published with a unique version number.
> All linguistic versions of this Licence, approved by the European Commission, have identical value. Parties can take
> advantage of the linguistic version of their choice.
>
> 14.Jurisdiction
> Without prejudice to specific agreement between parties,
> — any litigation resulting from the interpretation of this License, arising between the European Union institutions,
> bodies, offices or agencies, as a Licensor, and any Licensee, will be subject to the jurisdiction of the Court of Justice
> of the European Union, as laid down in article 272 of the Treaty on the Functioning of the European Union,
> — any litigation arising between other parties and resulting from the interpretation of this License, will be subject to
> the exclusive jurisdiction of the competent court where the Licensor resides or conducts its primary business.
>
> 15.Applicable Law
> Without prejudice to specific agreement between parties,
> — this Licence shall be governed by the law of the European Union Member State where the Licensor has his seat,
> resides or has his registered office,
> — this licence shall be governed by Belgian law if the Licensor has no seat, residence or registered office inside
> a European Union Member State.
>
>
> Appendix
>
> ‘Compatible Licences’ according to Article 5 EUPL are:
> — GNU General Public License (GPL) v. 2, v. 3
> — GNU Affero General Public License (AGPL) v. 3
> — Open Software License (OSL) v. 2.1, v. 3.0
> — Eclipse Public License (EPL) v. 1.0
> — CeCILL v. 2.0, v. 2.1
> — Mozilla Public Licence (MPL) v. 2
> — GNU Lesser General Public Licence (LGPL) v. 2.1, v. 3
> — Creative Commons Attribution-ShareAlike v. 3.0 Unported (CC BY-SA 3.0) for works other than software
> — European Union Public Licence (EUPL) v. 1.1, v. 1.2
> — Québec Free and Open-Source Licence — Reciprocity (LiLiQ-R) or Strong Reciprocity (LiLiQ-R+)
>
> The European Commission may update this Appendix to later versions of the above licences without producing
> a new version of the EUPL, as long as they provide the rights granted in Article 2 of this Licence and protect the
> covered Source Code from exclusive appropriation.
> All other changes or additions to this Appendix require the production of a new EUPL version.
>
> _______________________________________________
> License-review mailing list
> License-review at opensource.org
> https://lists.opensource.org/cgi-bin/mailman/listinfo/license-review
--
Richard Fontana
Senior Commercial Counsel
Red Hat
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