[License-review] The Vaccine License

[Filli Liberandum]

Honored Board Members of the Open Source Initiative and members in the
license-review process,

This is a submission for approval as per the license review process
documented at  https://opensource.org/approval

*Type of submission:* Approval
*License name:* Vaccine License

*Text of the license:*

The Vaccine License

*Version 1.0, October 2019*

SPDX: Vaccine-1.0

https://www.vaccinelicense.com/vaccine-license/
<http://www.apache.org/licenses/>

PRELUDE

Open Source developers should work for good, not evil. The misguided
rejection of vaccination is one of the greatest evils that has ever
existed. The *Vaccine License* is a software license that requires that
users vaccinate their children, and themselves, and that user businesses
make a similar requirement of their employees, to the greatest extent
legally possible.

The Vaccine License is derivative of the text of the Apache License, but
with significantly modified language and very different effect. The license
is reciprocal, and the grant of copyright and patent license rights only
applies so long as the user complies with local vaccination recommendations.

TERMS AND CONDITIONS FOR USE, REPRODUCTION, AND DISTRIBUTION

1. Definitions.

“License” shall mean the terms and conditions for use, reproduction, and
distribution defined by this document.

“Licensor” shall mean the copyright owner or entity authorized by the
copyright owner that is granting the License.

“Legal Entity” shall mean the union of the acting entity and all other
entities that control, are controlled by, or are under common control with
that entity. For the purposes of this definition, “control” means (i) the
power, direct or indirect, to cause the direction or management of such
entity, whether by contract or otherwise, or (ii) ownership of fifty
percent (50%) or more of the outstanding shares, or (iii) beneficial
ownership of such entity.

“Source” form shall mean the preferred form for making modifications,
including but not limited to software source code, documentation source,
and configuration files.

“Object” form shall mean any form resulting from mechanical transformation
or translation of a Source form, including but not limited to compiled
object code, generated documentation, and conversions to other media types.

“Work” shall mean the work of authorship, whether in Source or Object form,
made available under the License, as indicated by a copyright notice that
is included in or attached to the work (an example is provided in the
Appendix below).

“Derivative Works” shall mean any work, whether in Source or Object form,
that is based on (or derived from) the Work and for which the editorial
revisions, annotations, elaborations, or other modifications represent, as
a whole, an original work of authorship. For the purposes of this License,
Derivative Works shall not include works that remain separable from, or
merely link (or bind by name) to the interfaces of, the Work and Derivative
Works thereof.

“Contribution” shall mean any work of authorship, including the original
version of the Work and any modifications or additions to that Work or
Derivative Works thereof, that is intentionally submitted to Licensor for
inclusion in the Work by the copyright owner or by an individual or Legal
Entity authorized to submit on behalf of the copyright owner. For the
purposes of this definition, “submitted” means any form of electronic,
verbal, or written communication sent to the Licensor or its
representatives, including but not limited to communication on electronic
mailing lists, source code control systems, and issue tracking systems that
are managed by, or on behalf of, the Licensor for the purpose of discussing
and improving the Work, but excluding communication that is conspicuously
marked or otherwise designated in writing by the copyright owner as “Not a
Contribution.“

“Contributor” shall mean Licensor and any individual or Legal Entity on
behalf of whom a Contribution has been received by Licensor and
subsequently incorporated within the Work.

“Medical Doctor” shall mean a professional who has completed a
science-based education in the practice of medicine, and has been licensed
or authorized by the government of the place where they practice to be the
primary authority to plan and order the medical care that should be
provided to a particular patient.

“Vaccine” shall mean a biological preparation that provides active acquired
immunity to a particular disease, which is prepared, recommended, and
administered under the supervision of a Medical Doctor.

“Vaccination” shall mean the administration of vaccine to a patient.

“Local Vaccination Authority” shall mean a government agency tasked with
guiding the control of disease by recommending vaccination of persons,
which enacts the advice of Medical Doctors. In the United States, this
shall be the Centers For Disease Control And Prevention, or any successor
agency to that one which is given the same task.

“Local Vaccination Recommendations” shall mean recommendations published by
the Local Vaccination Authority which recommend vaccines which should be
administered to certain persons, on the basis of age, travel destination,
occupation, health status, and other factors. An example is “Recommended
Vaccines by Age”, which has been published by the United States Centers for
Disease Control and Prevention.

“Complying Person” shall mean a natural person who, to the extent that they
are able to do so, under the direction and care of a Medical Doctor, elects
to have administered to themselves and to all legal minors to whom they are
parent or guardian all vaccines recommended by their Local Vaccination
Recommendations which are appropriate for the patient’s medical condition.
This requirement is waived only to the extent that it is not reasonably
possible, for example if the person can not afford the vaccine, does not
have access to it, or can not make the vaccine decision without the consent
of another party which will not agree.

“Complying Legal Entity” shall mean a Legal Entity other than a natural
person that, to the greatest extent legally possible in its locality,
requires its employees to be Complying Persons. This requirement is waived
only to the extent that the government where it is applied would prohibit
its application.

“You” (or “Your“) shall mean a Complying Person or Complying Legal Entity
exercising permissions granted by this License.

2. Grant of Copyright License. Subject to the terms and conditions of this
License, each Contributor hereby grants to You a worldwide, non-exclusive,
no-charge, royalty-free, copyright license to reproduce, prepare Derivative
Works of, publicly display, publicly perform and distribute the Work and
such Derivative Works in Source or Object form, so long as You remain a
Complying Person or Complying Legal Entity.

3. Grant of Patent License. Subject to the terms and conditions of this
License, each Contributor hereby grants to You a worldwide, non-exclusive,
no-charge, royalty-free, patent license to make, have made, use, offer to
sell, sell, import, and otherwise transfer the Work, where such license
applies only to those patent claims licensable by such Contributor that are
necessarily infringed by their Contribution(s) alone or by combination of
their Contribution(s) with the Work to which such Contribution(s) was
submitted, so long as You remain a Complying Person or Complying Legal
Entity.

If You institute patent litigation against any entity (including a
cross-claim or counterclaim in a lawsuit) alleging that the Work or a
Contribution incorporated within the Work constitutes direct or
contributory patent infringement, then any patent licenses granted to You
under this License for that Work shall terminate as of the date such
litigation is filed.

4. Redistribution. You may reproduce and distribute copies of the Work or
Derivative Works thereof in any medium, with or without modifications, and
in Source or Object form, provided that You meet the following conditions:

   1. You must place all Derivative Works under the terms and conditions of
   this license; and
   2. You must give any other recipients of the Work or Derivative Works a
   copy of this License; and
   3. You must cause any modified files to carry prominent notices stating
   that You changed the files; and
   4. You must retain, in the Source form of any Derivative Works that You
   distribute, all copyright, patent, trademark, and attribution notices from
   the Source form of the Work, excluding those notices that do not pertain to
   any part of the Derivative Works; and
   5. If the Work includes a “NOTICE” text file as part of its
   distribution, then any Derivative Works that You distribute must include a
   readable copy of the attribution notices contained within such NOTICE file,
   excluding those notices that do not pertain to any part of the Derivative
   Works, in at least one of the following places: within a NOTICE text file
   distributed as part of the Derivative Works; within the Source form or
   documentation, if provided along with the Derivative Works; or, within a
   display generated by the Derivative Works, if and wherever such third-party
   notices normally appear. The contents of the NOTICE file are for
   informational purposes only and do not modify the License. You may add Your
   own attribution notices within Derivative Works that You distribute,
   alongside or as an addendum to the NOTICE text from the Work, provided that
   such additional attribution notices cannot be construed as modifying the
   License.

   You may add Your own copyright statement to Your modifications.

5. Trademarks. This License does not grant permission to use the trade
names, trademarks, service marks, or product 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 NOTICE file.

6. Disclaimer of Warranty. Unless required by applicable law or agreed to
in writing, Licensor provides the Work (and each Contributor provides its
Contributions) on an “AS IS” BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY
KIND, either express or implied, including, without limitation, any
warranties or conditions of TITLE, NON-INFRINGEMENT, MERCHANTABILITY, or
FITNESS FOR A PARTICULAR PURPOSE. You are solely responsible for
determining the appropriateness of using or redistributing the Work and
assumes any risks associated with exercise of permissions under this
License.

7. Limitation of Liability. In no event and under no legal theory, whether
in tort (including negligence), contract, or otherwise, unless required by
applicable law (such as deliberate and grossly negligent acts) or agreed to
in writing, shall any Contributor be liable to You for damages, including
any direct, indirect, special, incidental, or consequential damages of any
character arising as a result of this License or out of the use or
inability to use the Work (including but not limited to damages for loss of
goodwill, work stoppage, computer failure or malfunction, or any and all
other commercial damages or losses), even if such Contributor has been
advised of the possibility of such damages.

8. Accepting Warranty or Additional Liability. While redistributing the
Work or Derivative Works thereof, You may choose to offer, and charge a fee
for, acceptance of support, warranty, indemnity, or other liability
obligations and/or rights consistent with this License. However, in
accepting such obligations, You may act only on Your own behalf and on Your
sole responsibility, not on behalf of 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
reason of your accepting any such warranty or additional liability.

END OF TERMS AND CONDITIONS

*end of license text.*

*Rationale:*

Open Source software is used to commit all sorts of evil. Open Source
developers contribute their work freely to be used in this way. It’s time
for Open Source developers to *ask for something *in return for that work.

*But what to ask for?* We have chosen vaccination, because the need for it
is scientifically verified, because so many people are killed or maimed
because their parents deny them vaccination, and because the ignorance that
causes rejection of vaccination is an easily-identifiable evil. There are
no legal ambiguities where rejection of vaccination is concerned, so it is
simple to require it in a license.

The rejection of vaccination is not a distant evil. It is happening right
around you. It effects people you care about, but you’re unable to
intervene. Or you were, until now.

Here are some expected arguments which might be attempted as justification
to reject the Vaccine License.

Argument: *The Vaccine License does not benefit the Open Source Community
sufficiently to be adopted as an Open Source License.*

Refutation: *By improving the physical health of members of the Open Source
Community, since it requires that those members get their shots, the
Vaccine License is of greater benefit to the community than any other
license that simply governs the use, distribution, and modification of
software.*

Argument: *The Vaccine License Violates Article 5
<https://opensource.org/osd/#persons-or-groups> of the Open Source
Definition <https://opensource.org/osd>, “No Discrimination Against Persons
or Groups”, since it discriminates against anti-vaxers.*

Refutation: The text of *Article 5 *is

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

Since any person or group, without exception, may receive a vaccine which
is medically appropriate for them, the Vaccine License does not
discriminate against any person or group. So-called “anti-vaxxers” identify
themselves by their misguided rejection of vaccines, but such rejection is
an *action *rather than *membership in a group.*

Argument: *The Vaccine License Violates Article 6
<https://opensource.org/osd/#fields-of-endeavor> of the Open Source
Definition, “No Discrimination Against Fields of Endeavor”*

Refutation: The text of *Article 6* is

The license must not restrict anyone from making use of the program in a
specific field of endeavor. For example, it may not restrict the program
from being used in a business, or from being used for genetic research.

The Vaccine License does not include terms discriminating against any field
of endeavor. It only places a requirement upon Complying Legal Entities
that, to the greatest extent legally possible, they perform that field of
endeavor using Complying Persons as their employees. There is an exception
in the Vaccine License if such an action is prohibited by the locality’s
law.

*Distinguish (from other OSI-approved licenses):* There is not a similar
license currently approved by the OSI

*Legal Review:* The license was prepared by a licensing professional. In
the client's best interest, the legal review can not be made public. We
note that other license submissions have not submitted a detailed legal
review.

*License proliferation category: *This license is not yet popular. It is
not duplicative of other licenses.

    Respectfully Submitted

    *Filli Liberandum*
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