[License-review] Approval: Server Side Public License, Version 2 (SSPL v2)

[Brendan Hickey]

I'm glad Deshpande clarified my question about the relationship between the
SSPL and Commons Clause. Meanwhile in the comments section[0] he
unintentionally provides a great takedown of his own op-ed:

"I found it childish and intellectually dishonest... Either he did not pay
sufficient attention to detail or his intention was to spread fear,
uncertainty and doubt. This deserved – at most – a childish response, but I
threw in some sarcasm and humor as a bonus. I hope you can deal with it."

Cheers,
Brendan

[0]
https://techcrunch.com/2018/09/07/commons-clause-stops-open-source-abuse/

On Sun, Dec 2, 2018 at 7:12 PM Bruce Perens <bruce at perens.com> wrote:

> Note VC Sunil Deshpande's comments on the SSPL. Here's the feeling of the
> guy with the money behind SSPL and some other recently-seen bad licenses.
> IMO it manifests a lot of ignorance about Open Source and utter contempt
> for our community.
> https://techcrunch.com/2018/11/29/the-crusade-against-open-source-abuse/
>
> On Sun, Dec 2, 2018 at 7:30 AM Jim Jagielski <jim at jagunet.com> wrote:
>
>> FWIW, I concur w/ Eric's statements below...
>>
>> On Dec 1, 2018, at 1:26 AM, Eric Schultz <eric at wwahammy.com> wrote:
>>
>> This version has much the same problems as before. The limitations what
>> code is included on Section 13 seem practically limitless because Service
>> is not defined. I don't think this can comply with OSD 9 until you explain
>> the limitations better, not only in this thread but also in the license.
>>
>> I second much of what Bradley Kuhn said.
>>
>> This response makes it seem like this isn't a good faith effort on your
>> part to create a compliant license. There's a lot of volunteers here who
>> have a lot of other things to do. If you want to exploit the volunteers who
>> have contributed to MongoDB by changing the license, that's your business.
>> I don't think it's fair for you to exploit the volunteers here though by
>> not making a good faith effort to bring the license into compliance.
>>
>> Eric
>>
>>
>> On Wed, Nov 21, 2018, 4:37 PM Eliot Horowitz <eliot at mongodb.com wrote:
>>
>>> Thank you for your comments on the Server Side Public License.  Below is
>>> an updated version of the Server Side Public License, which we are
>>> submitting for review in lieu of version 1.0.  If this version is approved
>>> by OSI, we plan to apply it to the next release of our MongoDB software,
>>> which is currently available under version 1.0.
>>>
>>> In this version, we have made several significant substantive changes in
>>> Section 13, we well as certain conforming and non-substantive changes.
>>>
>>> Members of the list expressed concerns that compliance with the source
>>> code sharing conditions of Section 13 would not be feasible, because in
>>> common technology environments today, some parts of the Service Source Code
>>> would be proprietary, or subject to incompatible open source licenses.  To
>>> address this concern, we have clarified that the source code sharing
>>> condition of Section 13 does not require delivery of Major Components or
>>> System Libraries. We have also added the option to make the Service Source
>>> Code (other than the Corresponding Source for the Program itself) available
>>> under OSI or FSF approved licenses, to the extent that the licensee does
>>> not have the right to share the Service Source Code under the terms of the
>>> SSPL.
>>>
>>> Members had also expressed concerns about whether the SSPL meets OSD 9
>>> -- that the license must not restrict other software.  While we think
>>> version 1 met with this plank of the definition, and explained why in our
>>> initial submission, we made the changes described above in part to further
>>> address this concern, by limiting the source code that must be made
>>> available subject to this license and adding the option to make the source
>>> code available under other open source licenses.
>>>
>>> Below is a list of changes.  The revised license appears after the
>>> listed changes, in plaintext.
>>>
>>> Substantive changes:
>>>
>>> --Version number changed from 1 to 2
>>> --Date changed to November [____] 2018
>>> --Section 13, first sentence: added “or, solely with respect to any
>>> programs (other than the Program or a modified version) for which you do
>>> not have the right to make the Corresponding Source available under the
>>> terms of this License, under the terms of a license that has been approved
>>> by the Open Source Initiative or categorized by the Free Software
>>> Foundation as free”
>>> --Section 13, second paragraph: added “(other than programs that are
>>> Major Components or System Libraries)” after “all programs”
>>> --Section 13, second paragraph: “storage software and hosting software”
>>> changed to “host orchestration software”
>>>
>>> Non-substantive and conforming changes:
>>>
>>> --Definition of This License: added “the”
>>> --Section 5, last sentence: “Without limiting section 13,” added
>>> --Section 8: “or otherwise use” added in two places
>>> --Section 9: added “single” before “copy”
>>> --Section 9: “use” added to “propagate or modify” and “using” added to
>>> “modifying or propagating”
>>> --Section 13: “a” replaces “the” in first line of Service Source Code
>>> definition
>>>
>>> A PLAINTEXT VERSION OF THE LICENSE FOLLOWS:
>>>
>>> ======================================================================
>>>
>>> Server Side Public License
>>> VERSION 2, NOVEMBER [XX], 2018
>>>
>>> Copyright © 2018 MongoDB, Inc.
>>>
>>> Everyone is permitted to copy and distribute verbatim copies of this
>>> license document, but changing it is not allowed.
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>>> 13. Offering the Program as a Service.
>>> If you make the functionality of the Program or a modified version
>>> available to third parties as a service, you must make the Service Source
>>> Code available via network download to everyone at no charge, under the
>>> terms of this License or, solely with respect to any programs (other than
>>> the Program or a modified version) for which you do not have the right to
>>> make the Corresponding Source available under the terms of this License,
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>>> Initiative or categorized by the Free Software Foundation as free. Making
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>>> version, or offering a service that accomplishes for users the primary
>>> purpose of the Program or modified version.
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>>> a modified version, and the Corresponding Source for all programs (other
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>>> 14. Revised Versions of this License.
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>>> Public License from time to time. Such new versions will be similar in
>>> spirit to the present version, but may differ in detail to address new
>>> problems or concerns.
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>>> Later license versions may give you additional or different permissions.
>>> However, no additional obligations are imposed on any author or copyright
>>> holder as a result of your choosing to follow a later version.
>>> 15. Disclaimer of Warranty.
>>> THERE IS NO WARRANTY FOR THE PROGRAM, TO THE EXTENT PERMITTED BY
>>> APPLICABLE LAW. EXCEPT WHEN OTHERWISE STATED IN WRITING THE COPYRIGHT
>>> HOLDERS AND/OR OTHER PARTIES PROVIDE THE PROGRAM “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 THE PROGRAM
>>> IS WITH YOU. SHOULD THE PROGRAM PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL
>>> NECESSARY SERVICING, REPAIR OR CORRECTION.
>>> 16. Limitation of Liability.
>>> IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING
>>> WILL ANY COPYRIGHT HOLDER, OR ANY OTHER PARTY WHO MODIFIES AND/OR CONVEYS
>>> THE PROGRAM 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 THE PROGRAM (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 THE PROGRAM TO OPERATE WITH ANY OTHER PROGRAMS),
>>> EVEN IF SUCH HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF
>>> SUCH DAMAGES.
>>> 17. Interpretation of Sections 15 and 16.
>>> If the disclaimer of warranty and limitation of liability provided above
>>> cannot be given local legal effect according to their terms, reviewing
>>> courts shall apply local law that most closely approximates an absolute
>>> waiver of all civil liability in connection with the Program, unless a
>>> warranty or assumption of liability accompanies a copy of the Program in
>>> return for a fee.
>>> END OF TERMS AND CONDITIONS
>>>
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>>>
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