[License-review] Request for Approval of 'CasperLabs Open Source License (COSL)

Thu Jan 9 04:28:12 UTC 2020

In light of the criticism of the license and the non-responsiveness of 
the submitter, the OSI considers the license withdrawn.

Pamela Chestek
Chair, License Committee
Open Source Initiative

On 12/10/19 9:08 AM, Ashok Ranadive wrote:
> Hello Review Committee,
>
> Please find appended an application for OSI license review for 
> CasperLabs.io. The details as enumerated at 
> https://opensource.org/approval#approval are as follows:
> *_
> _*
> *Link*: https://github.com/CasperLabs/CasperLabs/blob/dev/LICENSE
>
> *_Plain Text:_*
> CasperLabs Open Source License (COSL) Version 1.0 - February 22, 2019 
> https://github.com/CasperLabs/CasperLabs/blob/master/LICENSE
>
> TERMS AND CONDITIONS FOR USE, REPRODUCTION AND DISTRIBUTION
>
> 0. Preamble
> This license, the CasperLabs Open Source License v1.0 (COSLv1.0), is 
> an open source license that modifies the Apache 2.0 License ("Apache 
> 2.0"; see https://www.apache.org/licenses/LICENSE-2.0) to be free 
> (libre) open source software (FLOSS) compliant and to extend to the 
> decentralized application ecosystem. FLOSS philosophy is incorporated 
> in this COSLv1.0 not only by adding copyleft provisions, but also by 
> extending the concept of governance by community as under a license by 
> defining user classes and a license directed process to identify 
> community compliant versus proprietary behavior. This COSLv1.0 also 
> explicitly enumerates participants in a decentralized application 
> ecosystem and activities that harm the community.
>
> 1. Definitions
>  This COSLv1.0 incorporates by reference, the definitions within 
> section 1, "Definitions," of the Apache 2.0 License.
>
> 2. Bifurcation of Subject Matter
> This COSLv1.0 applies to a subject matter code base. The subject 
> matter code base is composed of both object and source code 
> embodiments ("Novel Code") and legacy code subject to the Apache 2.0 
> License ("Legacy Code") as defined in this section 2.
>
> Fork Demarcation: The subject matter code of this COSLv1.0 may be 
> demarcated by a code share fork made on Midnight GMT, December 2, 2018 
> ("Fork Demarcation Time").
> Subject Matter Code Base: The subject matter of this COSLv1.0 is 
> composed of all files in the GitHub share initially committed to 
> https://github.com/casperlabs or copies made on or after the Fork 
> Demarcation Time ("Subject Matter Code"). (See initial commit at: 
> https://github.com/CasperLabs/CasperLabs/commit/9c83ec3ecaa955dacfa3e42054d05098fc32bfc7). 
>
> Novel Code Base: The scope of Novel Code is all additions or 
> modifications to the Subject Matter Code made on the Fork Demarcation 
> Time or afterwards.
> Legacy Code Base: The scope of the Legacy Code is all code included in 
> the Subject Matter Code share added or created before the Fork 
> Demarcation Time.
>
> 3. Express Invocation of Sections 4 and 9 of the Apache 2.0 License
> In some cases, the Novel Code may be used, reproduced and/or 
> distributed without the Legacy Code. However, where the Legacy Code is 
> used, reproduced and/or distributed with the Novel Code, this 
> COSLv1.0, which applies to the Novel Code, is not to be construed to 
> relicense, modify, or otherwise disturb the Apache 2.0 License of the 
> Legacy Code. This license, the COSLv1.0, is an extension of the Apache 
> 2.0 License under its section 4 which provides for "additional or 
> different license terms and conditions for use, reproduction, or 
> distribution." Furthermore, per the Apache 2.0 License under its 
> section 9, a distributor of the Subject Matter Code may solely accept 
> "warrantee or additional liability" of the distributed Subject Matter 
> Code.
>
> 4. Express Disclaimer of Contributions Under the Apache 2.0 License
> Notwithstanding the terms of the Apache License 2.0 regarding 
> contributions, unless explicitly stated otherwise, all additions or 
> modifications to the Subject Matter Code are contributions under this 
> COSLv1.0. In the case of bug fix code changes or integration specific 
> code changes to the Legacy Code that are propagated to the pre-Fork 
> Demarcation date open source project share, those code changes are to 
> be subject to the Apache 2.0 License.
>
> 5. Contributions are Under COSLv1.0 and are Subject to Relicense
> All contributions to Novel Code will be under this COSLv1.0 and are 
> subject to the contributor executing a relicensing consent 
> ("Relicensing Consent") which provides that contributor's agreement to 
> allow their contributions to be subject to updates to this COSLv1.0 or 
> relicensing in the future, provided that the updated COSLv1.0 or new 
> license is an open source license and is consistent with the present 
> COSLv1.0 license including the copyleft provisions in section 9.
>
> 6. Decentralized Ecosystem Parties
> The COSLv1.0 is a license intended to benefit the open source 
> community in the context of the distributed and decentralized platform 
> and decentralized applications ("Decentralized Applications" or 
> "DApps") based on a distributed ledger built from the Subject Matter 
> Code. Licensees of the Subject Matter Code under this COSLv1.0 include 
> the following parties:
>
> Node Operators: A node operator ("Node Operator") is a party that 
> contributes compute processing for a decentralized platform with a 
> computing node where at least a portion of a distributed ledger 
> resides on the node. Node Operators include distributed ledger 
> validators including miners for Proof of Work decentralized platforms 
> and validators for Proof of Stake decentralized platforms.
>
> Decentralized Application Developers: A decentralized application 
> developer ("Decentralized Application Developer" or "DApp Developer") 
> is a party that creates or modifies a DApp. Where a DApp Developer is 
> developing a DApp in the scope of work for a company or is otherwise 
> contractually bound to develop a DApp for a company, that company is 
> also a DApp Developer.
>
> Decentralized Application Distributor: A decentralized application 
> distributor ("Decentralized Application Distributor" or "DApp 
> Distributor") is a party that distributes a DApp either freely or for 
> compensation.
>
> Decentralized Application Users: A decentralized application user 
> ("Decentralized Application User" or "DApp User") is a party who is an 
> end user of a DApp. Where an end user uses a DApp in the scope of work 
> for a company or is otherwise contractually bound to a company to use 
> a DApp, the company is also a DApp User.
>
> Decentralized Platform Developers: A decentralized platform developer 
> ("Decentralized Platform Developer") is a party that contributes code 
> to software that enables the decentralized maintenance of a 
> distributed ledger, development tools to develop DApps on that 
> distributed ledger, or tools to administer a distributed ledger or 
> applications built on the distributed ledger.
>
> Token Issuers: A token issuer ("Token Issuer") is a party, including a 
> party other than the COSLv1.0 Licensor, that releases and manages 
> quanta of value as managed by the distributed ledger ("tokens") to be 
> used to transfer value between parties. Tokens may be used to measure 
> work effort, such as amount of compute power estimated to be used to 
> validate transactions on a distributed ledger. Where the tokens are 
> hashed by the distributed ledger and are in a format suitable for use 
> as a currency, those tokens may be referred to as a "cryptocurrency."
>
> Token Holders: A token holder ("Token Holder") is a party the retains 
> tokens either for holding, or for use as currency or in distributed 
> ledger-based transactions.
>
> Decentralized Network Users: A decentralized network user 
> ("Decentralized Network User") is a general term for any party that 
> avails itself to a distributed ledger, or any application, tool, or 
> token using the distributed ledger, or any application, tool, or token 
> that administers, maintains, or develops any application, tool, or 
> token using the distributed ledger.
>
> All the above parties defined in this section 6(a)-(h), in their 
> context as users of the Subject Matter Code and Licensees under this 
> COSLv1.0 and any other parties who access the Subject Matter Code are 
> collectively known as "Decentralized Ecosystem Parties".
>
> 7. User Classes
> The COSLv1.0 Licensor and the Decentralized Ecosystem Parties as set 
> forth in section 6 of this COSLv1.0 solely comprise the members of a 
> community ("Community") around the Subject Matter Code. The COSLv1.0 
> Licensor is the granting party of rights to the Subject Matter Code 
> and the Decentralized Ecosystem Parties are the receiving party of 
> rights to the Subject Matter Code. The Decentralized Ecosystem Parties 
> all belong to one and only one of the following two user classes 
> ("User Classes"):
>
> Proprietary User Class: The Proprietary User Class ("Proprietary User 
> Class") is a Decentralized Ecosystem Party that performs, or permits 
> to occur, any of the following acts or uses:
>
> Co-opting the Development of the Decentralized Platform from the 
> Community: This form of use occurs when only one party, or a set of 
> parties either via explicit contract or via participation, 
> substantially interferes, limits or prevents other parties from 
> materially participating in the decentralized platform, in roles 
> defined by a protocol of the decentralized platform, and/or in roles 
> that are required for the use and support of a protocol of the 
> decentralized platform. Examples of defined and/or required roles 
> include end users and their client software to participate in a 
> centralized platform, node operators both for validation and for 
> forming consensus, decentralized application developers, decentralized 
> platform developers, and other parties set forth in section 6 of this 
> COSLv1.0.
>
> Such co-opting may include closed forks where the Subject Matter Code 
> is forked either in full or in part, and where the other parties are 
> substantively limited from materially participating in the development 
> or use of the decentralized platform, including in roles set forth in 
> section 7(a)(i) above. This may also include forks where a party is to 
> create a cryptocurrency, native token or other quanta of value from 
> operations of the forked decentralized platform without remuneration 
> to the Community as set forth in section 11 of this COSLv1.0.
>
> Co-opting the Operation or Use of the Decentralized Platform: This 
> form of use occurs when a party, or a set of parties either via 
> explicit contract or via participation, substantially interferes, 
> limits or prevents other parties from materially operating nodes, 
> using the decentralized platform, or deploying and using DApps.
>
> Interfering with the Economic Operation of the Decentralized Platform: 
> This form of use occurs when a party or parties seek to operate nodes, 
> develop DApps, or run DApps to drive or to result in changes in the 
> price of an underlying cryptocurrency of a distributed ledger, 
> resulting in interference of the economic operation of the distributed 
> ledger.
>
> Open Source User Class: The Open Source User Class ("Open Source User 
> Class") is any Decentralized Ecosystem Party that is not in a 
> Proprietary User Class.
>
> 8. Governance and Conversion
> Governance under the COSLv1.0 is performed by COSLv1.0 Licensor in 
> close cooperation with the Community as set forth in this COSLv1.0. 
> The Community includes any Decentralized Ecosystem Party as set forth 
> in section 6 of this COSLv1.0. Specifically, the COSLv1.0 Licensor 
> will designate a public, transparent online forum ("Community Forum") 
> associated with the Subject Matter Code and will designate one or more 
> moderators ("Community Forum Moderators") to monitor and moderate the 
> Community Forum. The Community Forum to receives requests and 
> notifications from the Community, including proposed feature 
> additions, proposed code changes, additions or deletions, and 
> Community member status and user class. The Community Forum may host 
> online discussions about topics broadly related to the Subject Matter 
> Code. While acceptance or rejection of requests and notifications are 
> at the sole discretion of the COSLv1.0 Licensor, acceptance will not 
> be unreasonably withheld. Moderation policy of the Community Forum is 
> at the sole discretion of the COSLv1.0 Licensor.
>
> Rights to the Subject Matter Code, including intellectual property 
> rights under this COSLv1.0 are subject to membership of the Open 
> Source User Class. Where a party of the Open Source User Class 
> performs an act or use as set forth in section 7(a) of this COSLv1.0, 
> that party converts to the Proprietary User Class ("Conversion"). 
> Where a party contemplates performing an act that might be construed 
> as proprietary, that party may demonstrate good faith by providing a 
> sixty (60) calendar day advance notice to the COSLv1.0 Licensor and 
> the Community, by sending a notice via the Community Forum describing 
> the proposed activity, how that activity benefits the Community, and 
> how that activity may not benefit the Community. If the COSLv1.0 
> Licensor accepts the activity in consultation with the Community, that 
> activity will not trigger Conversion.
>
> Where a party is a member of the Proprietary User Class, that party 
> may seek to be re-characterized as a member of the Open Source User 
> Class by providing a notice via the Community Forum to the COSLv1.0 
> Licensor and the Community. The notice is to specify the activities 
> that party is ceasing and/or activities to remediate prior acts that 
> triggered Conversion. If the COSLv1.0 Licensor in consultation with 
> the Community accepts the recharacterization, then that party will 
> become a member of the Open Source User Class.
>
> The COSLv1.0 Licensor may opt to extend consideration of a 
> recharacterization by increments of sixty (60) calendar days at a 
> time. Neither the failure nor delay on the part of the COSLv1.0 
> Licensor to respond to or act upon any requests and notifications from 
> the member parties of the Community under this section 8 shall operate 
> as a waiver thereof unless made in writing and signed by the COSLv1.0 
> Licensor.
>
> 9. Intellectual Property Rights
> Subject to the terms and conditions of this COSLv1.0, each contributor 
> grants to all parties who are in the Open Source User Class a 
> copyright license under the terms of section 2 of the Apache 2.0 
> License. Absent a separate agreement to the contrary, members of the 
> Proprietary User Class, do not have a copyright license. Where a 
> member of the Proprietary User Class converted from the Open Source 
> User Class, that member retains no prior copyright license. Where a 
> party performs an act that triggers a Conversion of the party to the 
> Proprietary User Class, the copyright license is revoked. A party 
> whose copyright license is revoked exposes that party to damages and 
> other remedies for copyright infringement including statutory damages 
> and injunctive relief. For purposes of injunctive relieve, the 
> Licensee stipulates the availability of equitable damages.
>
> Subject to the terms and conditions of this COSLv1.0, each contributor 
> grants to all parties who are in the Open Source User Class a patent 
> license under the terms of section 2 of the Apache 2.0 License. Absent 
> a separate agreement to the contrary, members of the Proprietary User 
> Class, do not have a patent license. Where a member of the Proprietary 
> User Class converted from the Open Source User Class, that member 
> retains no prior patent license. Acceptance of this COSLv1.0 includes 
> a stipulation of knowledge that some portions of the Subject Matter 
> code are subject to patent coverage. Where a party performs an act 
> that triggers a Conversion of the party to the Proprietary User Class, 
> the patent license is revoked. A party whose patent license is revoked 
> exposes that party to damages and other remedies for patent 
> infringement including enhanced damages and injunctive relief. For 
> purposes of injunctive relieve, the Licensee stipulates the 
> availability of equitable damages.
>
> Subject to the terms and conditions of this COSLv1.0, the COSLv1.0 
> Licensor grants to all parties who are in the Open Source User Class a 
> perpetual, irrevocable (except as provided in this COSLv1.0), 
> non-transferrable, sublicensable, royalty-free, fully paid, worldwide 
> and non-exclusive right and licensee to use any marks to name 
> distributions of the Subject Matter Code (under any operative 
> nominative fair use law). Absent a separate agreement to the contrary, 
> members of the Proprietary User Class, do not have trademark rights or 
> trademark license. Where a member of the Proprietary User Class 
> converted from the Open Source User Class, that member retains no 
> prior trademark right or trademark license. No other mark license is 
> provided, including for marks relating to company name, trade name, or 
> other marks COSLv1.0 Licensor reserves the right to police the quality 
> and use of the licensed marks and to revoke license of those marks at 
> its sole discretion where those distributions of Subject Matter Code 
> are not compliant with this COSLv1.0 or FLOSS principles. License of 
> those marks shall not be unreasonably withheld. A party whose 
> trademark license is revoked exposes that party to damages and other 
> remedies for trademark infringement, unfair trade practices and 
> injunctive relief. For purposes of injunctive relieve, the Licensee 
> stipulates the availability of equitable damages.
>
> 10. Copyleft
> Any recipient of any copy, fork, distribution or conveyance of the 
> Novel Code, in full or in part, receives a license from the original 
> licensors to run, modify and propagate the Novel Code, modified or 
> unaltered, subject to this COSLv1.0. Any copy, fork, distribution or 
> conveyance is to be subject to the COSLv1.0. Additional conditions, 
> including payment and/or compensation terms, representations and 
> warrantees, may be added beyond COSLv1.0 license terms provided they 
> are consistent with COSLv1.0 and free (libre) and open source 
> principles, and do not prejudice the COSLv1.0 Licensor's use of Novel 
> code. Contributors to the Novel Code are to be fully indemnified by 
> any party creating additional conditions.
>
> 11. Forks
> Community friendly copies of all or part of the Subject Matter Code 
> for separate development from the original Subject Matter Code tree 
> ("Forks") are supported by this COSLv1.0, under the following conditions:
>
> Propagation of COSLv1.0 Licensing Principles: Code in a Fork is to be 
> subject to and controlled by this COSLv1.0 or under a FLOSS compliant 
> relicensing under the terms of this COSLv1.0. Failure to do so 
> constitutes an act co-opting the development of the decentralized 
> platform from the Community, thereby triggering a Conversion of the 
> forking party to a Proprietary User Class subject to penalties set 
> forth in this COSLv1.0 including but limited to section 9.
>
> For-Profit Fork Airdrop: Where code in a Fork is to be used to deploy 
> a new independent blockchain with a cryptocurrency, native token or 
> other native quantum of value that party is to notify the COSLv1.0 
> Licensor with an offer to compensate development efforts of the 
> Community with an Airdrop of cryptocurrency supported by a distributed 
> ledger deployment from the Fork. The COSLv1.0 Licensor in consultation 
> with the Community, has sixty (60) calendar days to accept or reject 
> the offer.
>
> Backpropagation of Changes: The COSLv1.0 Licensor in consultation with 
> the Community may select features and code from the Fork code for 
> addition to the Subject Matter Code at any time without penalty, fee, 
> or other remuneration.
>
> 12. Attribution and Marking
> Reproduction and distribution of the Subject Matter Code, in full or 
> in part, original or modified, ("Subject Matter Code Distribution") is 
> subject to the following conditions:
>
> Licensee shall provide all recipients of the Subject Matter Code 
> Distribution, a copy of this COSLv1.0;
>
> Licensee shall cause any files modified from the Subject Matter Code 
> distributed in the Subject Matter Code Distribution to carry prominent 
> notices stating that Licensee has changed the files;
>
> Licensee shall retain, in the Source form of any Subject Matter Code 
> Distribution that the Licensee distributes, all pertinent copyright, 
> patent, trademark, and attribution notices from the Source form 
> Subject Matter Code; and
>
> If the Subject Matter Code includes a "NOTICE" text file as part of 
> its distribution, then any Subject Matter Code Distribution, that the 
> Licensee distributes must include a readable copy of the pertinent 
> portions of the attribution notices contained within such NOTICE file, 
> in at least one of the following places:
>
> within a NOTICE text file in the distribution; within the Source form 
> or documentation, if provided along with the Subject Matter Code 
> Distribution;
>
> within a display generated by the Subject Matter Code Distribution, 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 CasperLabs Open Source License, Version 1.0 
> (COSLv1.0). Licensee of the Subject Matter Code may add their own 
> attribution notices within the Subject Matter Code Distribution, 
> alongside or as an addendum to the NOTICE text from the Subject Matter 
> Code, provided that such additional attribution notices cannot be 
> construed as modifying the COSLv1.0.
>
> Copyright under the COSLv1.0 is to be as follows:
>
> Copyright [yyyy] [name of copyright owner (Subject Matter Code)]
>
> Licensed under the CasperLabs Open Source License, Version 1.0 
> (COSLv1.0); you may not use this file except in compliance with this 
> COSLv1.0. You may obtain a copy of this COSLv1.0 at
>
> https://github.com/CasperLabs/CasperLabs/blob/master/LICENSE
>
> Unless required by applicable law or agreed to in writing, software 
> distributed under the License is distributed on an "AS IS" BASIS, 
> WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or 
> implied. See the COSLv1.0 for the specific language governing 
> permissions and limitations under the COSLv1.0.
>
> Where Legacy Code is to be distributed, copyright under the Apache 2.0 
> License is to be as follows:
>
> Copyright [yyyy] [name of copyright owner (Legacy Code)]
>
> Licensed under the Apache License, Version 2.0 ("License"); you may 
> not use this file except in compliance with the License. You may 
> obtain a copy of the License at
>
> http://www.apache.org/licenses/LICENSE-2.0
>
> Unless required by applicable law or agreed to in writing, software 
> distributed under the License is distributed on an "AS IS" BASIS, 
> WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or 
> implied. See the License for the specific language governing 
> permissions and limitations under the License.
>
> 13. Disclaimer of Warranty
> Unless required by applicable law or agreed to in writing, COSLv1.0 
> Licensor provides the Subject Matter Code and materials provided with 
> the Subject Matter Code (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 same and assume any risks associated with your 
> exercise of permissions under this COSLv1.0.
>
> 14. Miscellaneous
> The following miscellaneous terms apply to this COSLv1.0:
>
> Clickwrap: The terms of this COSLv1.0 may be accepted via clickwrap or 
> other analogous means.
>
> Choice of Law: For purposes of conflicts of law, for contract 
> interpretation of this COSLv1.0, New York state law is to be used, and 
> for intellectual property law, of this COSLv1.0, United States Federal 
> law is to be used.
>
> Venue: State venue is to be New York County, New York. Federal venue 
> is to be U.S. District Court, Southern District of New York.
>
> *_Additional Information as suggested on 
> https://opensource.org/approval#approval_*
> *
> *
>
>   * /Rationale:/ CasperLabs.io is an Open Source project working on
>     implementing a fully decentralized, sharded and scalable
>     next-generation blockchain, implementing CBC Casper proof-of-stake
>     protocol.
>
>   * /Distinguish:/ This license, the CasperLabs Open Source License
>     v1.0 (COSLv1.0), is an open source license that modifies the
>     Apache 2.0 License ("Apache 2.0"; see
>     https://www.apache.org/licenses/LICENSE-2.0) to be free (libre)
>     open source software (FLOSS) compliant and to extend to the
>     decentralized application ecosystem. FLOSS philosophy is
>     incorporated in this COSLv1.0 not only by adding copyleft
>     provisions, but also by extending the concept of governance by
>     community as under a license by defining user classes and a
>     license directed process to identify community compliant versus
>     proprietary behavior. This COSLv1.0 also explicitly enumerates
>     participants in a decentralized application ecosystem and
>     activities that harm the community.
>   * /Legal review:/ Yes, this is prepared by a law firm
>
>
>   * /Proliferation category:/ Non-reusable licenses
>
> Looking forward for a quick approval. Please do let me know in case 
> you need any additional information.
>
> Regards,
> Ashok
> Sr Program Manager
> CasperLabs.io
>
> _______________________________________________
> License-review mailing list
> License-review at lists.opensource.org
> http://lists.opensource.org/mailman/listinfo/license-review_lists.opensource.org

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