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

Thu Jan 9 13:41:31 UTC 2020

The OSI may want to contact CasperLabs to have them modify the wording on
their website ("Review our Open Source License" under "Get Involved in the
Community").

https://casperlabs.io/

Thanks,
Van

On Wed, Jan 8, 2020 at 10:29 PM Pamela Chestek <
pamela.chestek at opensource.org> wrote:

> 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 submitter, the OSI considers the license withdrawn.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
> <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 listLicense-review at lists.opensource.orghttp://lists.opensource.org/mailman/listinfo/license-review_lists.opensource.org
>
> _______________________________________________
> 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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