From pamela.chestek at opensource.org Fri May 14 19:05:58 2021 From: pamela.chestek at opensource.org (Pamela Chestek) Date: Fri, 14 May 2021 15:05:58 -0400 Subject: [License-review] Approval,YOS In-Reply-To: References: Message-ID: Dear License-Review list and Board: Below is the recommendation of the License Committee with respect to the YATeam Open Source License. Best regards, Pam Pamela Chestek Chair, License Committee Open Source Initiative ============== License: YATeam Open Source License (Exhibit A) Submitted: Feb. 21, 2021, http://lists.opensource.org/pipermail/license-review_lists.opensource.org/2021-February/005106.html Decision date: due no later than the first Board meeting after April 22, 2021. License Review Committee Recommendation: Resolved that it is the opinion of the OSI that the YATeam Open Source License does not conform to the OSD and assure software freedom and the license is therefore not approved. _Rationale Document_ Reasons for withholding approval: The license is a modification of the GNU General Public License version 2 with some unacceptable changes. In particular: The license is revocable, ? 16, which is violation of OSD 3. In ?? 13-17, the license has unintelligible provisions requiring the use of "authorization codes." The purpose and use of these codes is unclear and the failure to comply with the terms invalidates the license, i.e., the use of the code becomes unlicensed. This is likely to be a violation of OSD 1. Note also that the submission was incomplete and the license submitter did not respond to emails suggesting that additional information needed to be provided. _Exhibit A_ YATeam Open Source License Copyright (C) 2018, 2021 YATeam,Org. CN Everyone is permitted to copy and distribute verbatim copies of this license document, but changing it is not allowed. Preamble The licenses for most software are designed to take away your freedom to share and change it. By contrast, the YOS General Public License is intended to guarantee your freedom to share and change free software?to make sure the software is free for all its users. Most of the programs released or to be released by YATeam adopt the general public license of YOS. You can apply it to your programs, too. YOS is a General Public License issued by YATeam based on the characteristics of existing General Public License and its own needs. It will protect the rights and interests of authors and users to the maximum e ? 16. xtent. We protect your rights with two steps: (1) copyright the software, and (2) offer you this license which gives you legal permission to copy, distribute and/or modify the software, (3) Any reproduction, distribution and modification requires the author?s express authorization and unique number, but the author shall not charge or charge in disguise during this process. Also, for each author's protection and ours, we want to make certain that everyone understands that there is no warranty for this free software. If the software is modified by someone else and passed on, we want its recipients to know that what they have is not the original, so that any problems introduced by others will not reflect on the original authors' reputations. Finally, any free program is threatened constantly by software patents. We wish to avoid the danger that redistributors of a free program will individually obtain patent licenses, in effect making the program proprietary. To prevent this, we have made it clear that any patent must be licensed for everyone's free use or not licensed at all. The precise terms and conditions for copying, distribution and modification follow. TERMS AND CONDITIONS FOR COPYING, DISTRIBUTION AND MODIFICATION 0. This License applies to any program or other work which contains a notice placed by the copyright holder saying it may be distributed under the terms of this General Public License. The "Program", below, refers to any such program or work, and a "work based on the Program" means either the Program or any derivative work under copyright law: that is to say, a work containing the Program or a portion of it, either verbatim or with modifications and/or translated into another language. (Hereinafter, translation is included without limitation in the term "modification".) Each licensee is addressed as "you". Activities other than copying, distribution and modification are not covered by this License; they are outside its scope. The act of running the Program is not restricted, and the output from the Program is covered only if its contents constitute a work based on the Program (independent of having been made by running the Program). Whether that is true depends on what the Program does. 1. You may copy and distribute verbatim copies of the program's source code in any way upon receipt of the program in any form, provided that you prominently and properly publish the appropriate copyright notice and disclaimer, as well as the author's unique authorization code, on each copy, and show the means of verification; all statements regarding this license are reserved without any warranty; and you shall provide the any other recipient provides a copy of this license and this program. You may charge a fee for the physical act of transferring a copy, and you may at your option offer warranty protection in exchange for a fee. 2. You may modify your copy or copies of the Program or any portion of it, thus forming a work based on the Program, and copy and distribute such modifications or work under the terms of Section 1 above, provided that you also meet all of these conditions: a) You must cause the modified files to carry prominent notices stating that you changed the files and the date of any change. b) You must cause any work that you distribute or publish, that in whole or in part contains or is derived from the Program or any part thereof, to be licensed as a whole at no charge to all third parties under the terms of this License. c) If the modified program normally reads commands interactively when run, you must cause it, when started running for such interactive use in the most ordinary way, to print or display an announcement including an appropriate copyright notice and a notice that there is no warranty (or else, saying that you provide a warranty) and that users may redistribute the program under these conditions, and telling the user how to view a copy of this License. (Exception: if the Program itself is interactive but does not normally print such an announcement, your work based on the Program is not required to print an announcement.) These requirements apply to the modified work as a whole. If identifiable sections of that work are not derived from the Program, and can be reasonably considered independent and separate works in themselves, then this License, and its terms, do not apply to those sections when you distribute them as separate works. But when you distribute the same sections as part of a whole which is a work based on the Program, the distribution of the whole must be on the terms of this License, whose permissions for other licensees extend to the entire whole, and thus to each and every part regardless of who wrote it. Thus, it is not the intent of this section to claim rights or contest your rights to work written entirely by you; rather, the intent is to exercise the right to control the distribution of derivative or collective works based on the Program. In addition, mere aggregation of another work not based on the Program with the Program (or with a work based on the Program) on a volume of a storage or distribution medium does not bring the other work under the scope of this License. 3. You may copy and distribute the Program (or a work based on it, under Section 2) in object code or executable form under the terms of Sections 1 and 2 above provided that you also do one of the following: a) Accompany it with the complete corresponding machine-readable source code, which must be distributed under the terms of Sections 1 and 2 above on a medium customarily used for software interchange; or, b) Accompany it with a written offer, valid for at least three years, to give any third party, for a charge no more than your cost of physically performing source distribution, a complete machine-readable copy of the corresponding source code, to be distributed under the terms of Sections 1 and 2 above on a medium customarily used for software interchange; or, c) Accompany it with the information you received as to the offer to distribute corresponding source code. (This alternative is allowed only for noncommercial distribution and only if you received the program in object code or executable form with such an offer, in accord with Subsection b above.) d) Accompany it with the unique authorization code you obtained and the query method of authorization code. The source code for a work means the preferred form of the work for making modifications to it. For an executable work, complete source code means all the source code for all modules it contains, plus any associated interface definition files, plus the scripts used to control compilation and installation of the executable. However, as a special exception, the source code distributed need not include anything that is normally distributed (in either source or binary form) with the major components (compiler, kernel, and so on) of the operating system on which the executable runs, unless that component itself accompanies the executable. If distribution of executable or object code is made by offering access to copy from a designated place, then offering equivalent access to copy the source code from the same place counts as distribution of the source code, even though third parties are not compelled to copy the source along with the object code. 4. You may not copy, modify, sublicense or distribute this program except as expressly provided in this license. Any attempt to otherwise copy, modify, sublicense or distribute this program shall be void and shall automatically terminate your rights under this license. However, parties receiving copies or rights from you under this license agreement will not terminate their license agreement as long as they are fully compliant and the author expressly provides for inheritable rights. 5. You do not need to accept this license because you have not signed it. However, there are no other rights granted to you to modify or distribute this program or its derivative works. If you do not accept this license, these actions will be prohibited by law. Therefore, by modifying or distributing this program (or any work based on this program), you accept this license and accept all terms and conditions for copying, distributing or modifying this program or any work based on this program. 6. Each time you redistribute the Program (or any work based on the Program), the recipient automatically receives a license from the original licensor to copy, distribute or modify the Program subject to these terms and conditions. You may not impose any further restrictions on the recipients' exercise of the rights granted herein. You are not responsible for enforcing compliance by third parties to this License. 7. If, as a consequence of a court judgment or allegation of patent infringement or for any other reason (not limited to patent issues), conditions are imposed on you (whether by court order, agreement or otherwise) that contradict the conditions of this License, they do not excuse you from the conditions of this License. If you cannot distribute so as to satisfy simultaneously your obligations under this License and any other pertinent obligations, then as a consequence you may not distribute the Program at all. For example, if a patent license would not permit royalty-free redistribution of the Program by all those who receive copies directly or indirectly through you, then the only way you could satisfy both it and this License would be to refrain entirely from distribution of the Program. If any portion of this section is held invalid or unenforceable under any particular circumstance, the balance of the section is intended to apply and the section as a whole is intended to apply in other circumstances. It is not the purpose of this section to induce you to infringe any patents or other property right claims or to contest validity of any such claims; this section has the sole purpose of protecting the integrity of the free software distribution system, which is implemented by public license practices. Many people have made generous contributions to the wide range of software distributed through that system in reliance on consistent application of that system; it is up to the author/donor to decide if he or she is willing to distribute software through any other system and a licensee cannot impose that choice. This section is intended to make thoroughly clear what is believed to be a consequence of the rest of this License. 8. If the distribution and/or use of this program is restricted by patent or copyright protected interface in some countries (regions), the original copyright owner who places this program under this license may add explicit geographical distribution restrictions (excluding those countries), so that distribution is allowed only in countries or regions not excluded. If there is no clear geographical distribution restriction and there is a conflict with the laws and regulations of this country and region, this license will automatically lapse, and you may not distribute and/or use this program in any way. In this case, this license contains restrictions as if written in the body of this license. 9. YATeam may publish revised and/or new versions of the General 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. Each version is given a distinguishing version number. If the Program specifies a version number of this License which applies to it and "any later version", you have the option of following the terms and conditions either of that version or of any later version published by YATeam. If the Program does not specify a version number of this License, you may choose any version ever published by YATeam. 10. If you wish to incorporate parts of the Program into other free programs whose distribution conditions are different, write to the author to ask for permission. Our decision will follow three goals, namely, to maintain the free state of all derivatives of our free software, to promote the overall sharing and reuse of software generally, and to maximize the rights of program owners and you. NO WARRANTY 11. BECAUSE THE PROGRAM IS LICENSED FREE OF CHARGE, 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. 12. IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING WILL ANY COPYRIGHT HOLDER, OR ANY OTHER PARTY WHO MAY MODIFY AND/OR REDISTRIBUTE 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. Program Publisher Specification 13. If you use this license, you must provide your contact information so that the user can contact you and obtain a unique authorization code, which is in duplicate, stored in your database and sent to the user in writing or email. The authorization code must correspond to a unique user, otherwise it will be invalid and this license will be invalid automatically.The whole process of authorization shall not be charged in any form and shall not claim any rights. 14. You must provide an authorization code query method for users to query. Please note that the inquiry process shall not charge or charge any fees in disguise, and shall not claim any additional rights, otherwise this license will automatically lapse. 15. You can also entrust a third party to provide corresponding services free of charge, but the third party has the right to charge you. If you entrust a third party, you must issue the relevant statement and publicize it. Similarly, the third party must publicize your written permission. 16. You may at any time, with reasonable reasons, revoke the authorization of any program based on your program for copying, distributing and/or modifying, and the legality of the non original program shall immediately lapse and shall not be used for any purpose. 17. If you do not provide contact information and/or inquiry information, and do not declare that the authorization code can be removed, this license will automatically lapse. END OF TERMS AND CONDITIONS How to Apply These Terms to Your New Programs If you develop a new program, and you want it to be of the greatest possible use to the public, the best way to achieve this is to make it free software which everyone can redistribute and change under these terms. To do so, attach the following notices to the program. It is safest to attach them to the start of each source file to most effectively convey the exclusion of warranty; and each file should have at least the "copyright" line and a pointer to where the full notice is found. One line to give the program's name and a brief idea of what it does. Copyright (C) (No need to add) (If this item is not added, this license will automatically lapse) This program is free software; you can redistribute it and/or modify it under the terms of the YOS General Public License as published by YATeam; either version 1 of the License, or (at your option) any later version. This program is distributed in the hope that it will be useful, but WITHOUT ANY WARRANTY; without even the implied warranty of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. See the YOS General Public License for more details. You should have received a copy of the YOS General Public License along with this program; if not, write to the YATeam, Org., yatserv at gmail.com If the program is interactive, make it output a short notice like this when it starts in an interactive mode: Gnomovision version 69, Copyright (C) year name of author Gnomovision comes with ABSOLUTELY NO WARRANTY; for details type ?yos w'. This is free software, and you are welcome to redistribute it under certain conditions; type ?yos c' for details. The hypothetical commands ?yos w' and ?yos c' should show the appropriate parts of the General Public License. Of course, the commands you use may be called something other than ?yos w' and ?yos c'; they could even be mouse-clicks or menu items?whatever suits your program. You should also get your employer (if you work as a programmer) or your school, if any, to sign a "copyright disclaimer" for the program, if necessary. This General Public License does not permit incorporating your program into proprietary programs. If your program is a subroutine library, you may consider it more useful to permit linking proprietary applications with the library. On 2/21/2021 7:02 AM, Forever????? wrote: > > > YATeam Open Source License > > Copyright (C) 2018, 2021 YATeam,Org. > CN > Everyone is permitted to copy and distribute verbatim copies of this > license document, but changing it is not allowed. > > > Preamble > > The licenses for most software are designed to take away your freedom > to share and change it. By contrast, the YOS General Public License is > intended to guarantee your freedom to share and change free > software?to make sure the software is free for all its users.Most of > the programs released or to be released by YATeam adopt the general > public license of YOS. You can apply it to your programs, too. > YOS is a General Public License issued by YATeam based on the > characteristics of existing General Public License and its own needs. > It will protect the rights and interests of authors and users to the > maximum extent. > We protect your rights with two steps: (1) copyright the software, and > (2) offer you this license which gives you legal permission to copy, > distribute and/or modify the software,(3)Any reproduction, > distribution and modification requires the author?s express > authorization and unique number, but the author shall not charge or > charge in disguise during this process. > Also, for each author?s protection and ours, we want to make certain > that everyone understands that there is no warranty for this free > software. If the software is modified by someone else and passed on, > we want its recipients to know that what they have is not the > original, so that any problems introduced by others will not reflect > on the original authors? reputations. > Finally, any free program is threatened constantly by software > patents. We wish to avoid the danger that redistributors of a free > program will individually obtain patent licenses, in effect making the > program proprietary. To prevent this, we have made it clear that any > patent must be licensed for everyone?s free use or not licensed at all. > The precise terms and conditions for copying, distribution and > modification follow. > > > TERMS AND CONDITIONS FOR COPYING, DISTRIBUTION AND MODIFICATION > > 0. > > This License applies to any program or other work which contains a > notice placed by the copyright holder saying it may be distributed > under the terms of this General Public License. The ?Program?, > below, refers to any such program or work, and a ?work based on > the Program? means either the Program or any derivative work under > copyright law: that is to say, a work containing the Program or a > portion of it, either verbatim or with modifications and/or > translated into another language. (Hereinafter, translation is > included without limitation in the term ?modification?.) Each > licensee is addressed as ?you?. > Activities other than copying, distribution and modification are > not covered by this License; they are outside its scope. The act > of running the Program is not restricted, and the output from the > Program is covered only if its contents constitute a work based on > the Program (independent of having been made by running the > Program). Whether that is true depends on what the Program does. > > 1. > > You may copy and distribute verbatim copies of the program?s > source code in any way upon receipt of the program in any form, > provided that you prominently and properly publish the appropriate > copyright notice and disclaimer, as well as the author?s unique > authorization code, on each copy, and show the means of > verification; all statements regarding this license are reserved > without any warranty; and you shall provide the any other > recipient provides a copy of this license and this program. > You may charge a fee for the physical act of transferring a copy, > and you may at your option offer warranty protection in exchange > for a fee. > > 2. > > You may modify your copy or copies of the Program or any portion > of it, thus forming a work based on the Program, and copy and > distribute such modifications or work under the terms of Section 1 > above, provided that you also meet all of these conditions: > > a) You must cause the modified files to carry prominent notices > stating that you changed the files and the date of any change. > b) You must cause any work that you distribute or publish, that in > whole or in part contains or is derived from the Program or any > part thereof, to be licensed as a whole at no charge to all third > parties under the terms of this License. > c) If the modified program normally reads commands interactively > when run, you must cause it, when started running for such > interactive use in the most ordinary way, to print or display an > announcement including an appropriate copyright notice and a > notice that there is no warranty (or else, saying that you provide > a warranty) and that users may redistribute the program under > these conditions, and telling the user how to view a copy of this > License. (Exception: if the Program itself is interactive but does > not normally print such an announcement, your work based on the > Program is not required to print an announcement.) > > These requirements apply to the modified work as a whole. If > identifiable sections of that work are not derived from the Program, > and can be reasonably considered independent and separate works in > themselves, then this License, and its terms, do not apply to those > sections when you distribute them as separate works. But when you > distribute the same sections as part of a whole which is a work based > on the Program, the distribution of the whole must be on the terms of > this License, whose permissions for other licensees extend to the > entire whole, and thus to each and every part regardless of who wrote it. > Thus, it is not the intent of this section to claim rights or contest > your rights to work written entirely by you; rather, the intent is to > exercise the right to control the distribution of derivative or > collective works based on the Program. > In addition, mere aggregation of another work not based on the Program > with the Program (or with a work based on the Program) on a volume of > a storage or distribution medium does not bring the other work under > the scope of this License. > 3. You may copy and distribute the Program (or a work based on it, > under Section 2) in object code or executable form under the terms of > Sections 1 and 2 above provided that you also do one of the following: > > a) Accompany it with the complete corresponding machine-readable > source code, which must be distributed under the terms of Sections > 1 and 2 above on a medium customarily used for software > interchange; or, > b) Accompany it with a written offer, valid for at least three > years, to give any third party, for a charge no more than your > cost of physically performing source distribution, a complete > machine-readable copy of the corresponding source code, to be > distributed under the terms of Sections 1 and 2 above on a medium > customarily used for software interchange; or, > c) Accompany it with the information you received as to the offer > to distribute corresponding source code. (This alternative is > allowed only for noncommercial distribution and only if you > received the program in object code or executable form with such > an offer, in accord with Subsection b above.) > d) Accompany it with the unique authorization code you obtained > and the query method of authorization code. > > The source code for a work means the preferred form of the work for > making modifications to it. For an executable work, complete source > code means all the source code for all modules it contains, plus any > associated interface definition files, plus the scripts used to > control compilation and installation of the executable. However, as a > special exception, the source code distributed need not include > anything that is normally distributed (in either source or binary > form) with the major components (compiler, kernel, and so on) of the > operating system on which the executable runs, unless that component > itself accompanies the executable. > If distribution of executable or object code is made by offering > access to copy from a designated place, then offering equivalent > access to copy the source code from the same place counts as > distribution of the source code, even though third parties are not > compelled to copy the source along with the object code. > 4. You may not copy, modify, sublicense or distribute this program > except as expressly provided in this license. Any attempt to otherwise > copy, modify, sublicense or distribute this program shall be void and > shall automatically terminate your rights under this license. However, > parties receiving copies or rights from you under this license > agreement will not terminate their license agreement as long as they > are fully compliant and the author expressly provides for inheritable > rights. > 5. You do not need to accept this license because you have not signed > it. However, there are no other rights granted to you to modify or > distribute this program or its derivative works. If you do not accept > this license, these actions will be prohibited by law. Therefore, by > modifying or distributing this program (or any work based on this > program), you accept this license and accept all terms and conditions > for copying, distributing or modifying this program or any work based > on this program. > 6. Each time you redistribute the Program (or any work based on the > Program), the recipient automatically receives a license from the > original licensor to copy, distribute or modify the Program subject to > these terms and conditions. You may not impose any further > restrictions on the recipients? exercise of the rights granted herein. > You are not responsible for enforcing compliance by third parties to > this License. > 7. If, as a consequence of a court judgment or allegation of patent > infringement or for any other reason (not limited to patent issues), > conditions are imposed on you (whether by court order, agreement or > otherwise) that contradict the conditions of this License, they do not > excuse you from the conditions of this License. If you cannot > distribute so as to satisfy simultaneously your obligations under this > License and any other pertinent obligations, then as a consequence you > may not distribute the Program at all. For example, if a patent > license would not permit royalty-free redistribution of the Program by > all those who receive copies directly or indirectly through you, then > the only way you could satisfy both it and this License would be to > refrain entirely from distribution of the Program. > If any portion of this section is held invalid or unenforceable under > any particular circumstance, the balance of the section is intended to > apply and the section as a whole is intended to apply in other > circumstances. > It is not the purpose of this section to induce you to infringe any > patents or other property right claims or to contest validity of any > such claims; this section has the sole purpose of protecting the > integrity of the free software distribution system, which is > implemented by public license practices. Many people have made > generous contributions to the wide range of software distributed > through that system in reliance on consistent application of that > system; it is up to the author/donor to decide if he or she is willing > to distribute software through any other system and a licensee cannot > impose that choice. > This section is intended to make thoroughly clear what is believed to > be a consequence of the rest of this License. > 8. If the distribution and/or use of this program is restricted by > patent or copyright protected interface in some countries (regions), > the original copyright owner who places this program under this > license may add explicit geographical distribution restrictions > (excluding those countries), so that distribution is allowed only in > countries or regions not excluded. If there is no clear geographical > distribution restriction and there is a conflict with the laws and > regulations of this country and region, this license will > automatically lapse, and you may not distribute and/or use this > program in any way. In this case, this license contains restrictions > as if written in the body of this license. > 9. YATeam may publish revised and/or new versions of the General > 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. > Each version is given a distinguishing version number. If the Program > specifies a version number of this License which applies to it and > ?any later version?, you have the option of following the terms and > conditions either of that version or of any later version published by > YATeam. If the Program does not specify a version number of this > License, you may choose any version ever published by YATeam. > 10. If you wish to incorporate parts of the Program into other free > programs whose distribution conditions are different, write to the > author to ask for permission. > Our decision will follow three goals, namely, to maintain the free > state of all derivatives of our free software, to promote the overall > sharing and reuse of software generally, and to maximize the rights of > program owners and you. > > > NO WARRANTY > >11. > > BECAUSE THE PROGRAM IS LICENSED FREE OF CHARGE, 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. > >12. > > IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN > WRITING WILL ANY COPYRIGHT HOLDER, OR ANY OTHER PARTY WHO MAY > MODIFY AND/OR REDISTRIBUTE 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. > > > Program Publisher Specification > >13. > > If you use this license, you must provide your contact information > so that the user can contact you and obtain a unique authorization > code, which is in duplicate, stored in your database and sent to > the user in writing or email. The authorization code must > correspond to a unique user, otherwise it will be invalid and this > license will be invalid automatically.The whole process of > authorization shall not be charged in any form and shall not claim > any rights. > >14. > > You must provide an authorization code query method for users to > query. Please note that the inquiry process shall not charge or > charge any fees in disguise, and shall not claim any additional > rights, otherwise this license will automatically lapse. > >15. > > You can also entrust a third party to provide corresponding > services free of charge, but the third party has the right to > charge you. If you entrust a third party, you must issue the > relevant statement and publicize it. Similarly, the third party > must publicize your written permission. > >16. > > You may at any time, with reasonable reasons, revoke the > authorization of any program based on your program for copying, > distributing and/or modifying, and the legality of the non > original program shall immediately lapse and shall not be used for > any purpose. > >17. > > If you do not provide contact information and/or inquiry > information, and do not declare that the authorization code can be > removed, this license will automatically lapse. > > END OF TERMS AND CONDITIONS > > > How to Apply These Terms to Your New Programs > > If you develop a new program, and you want it to be of the greatest > possible use to the public, the best way to achieve this is to make it > free software which everyone can redistribute and change under these > terms. > > To do so, attach the following notices to the program. It is safest to > attach them to the start of each source file to most effectively > convey the exclusion of warranty; and each file should have at least > the ?copyright? line and a pointer to where the full notice is found. > One line to give the program?s name and a brief idea of what it does. > > Copyright (C) > (No need to add) > > (If this item is not added, this license will automatically lapse) > This program is free software; you can redistribute it and/or > modify it under the terms of the YOS General Public License as > published by YATeam; either version 1 of the License, or (at your > option) any later version. > This program is distributed in the hope that it will be useful, > but WITHOUT ANY WARRANTY; without even the implied warranty of > MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. See the YOS > General Public License for more details. > You should have received a copy of the YOS General Public License > along with this program; if not, write to the YATeam, Org., > yatserv at gmail.com > > If the program is interactive, make it output a short notice like this > when it starts in an interactive mode: > > Gnomovision version 69, Copyright (C) year name of author > Gnomovision comes with ABSOLUTELY NO WARRANTY; for details type > ?yos w?. This is free software, and you are welcome to > redistribute it under certain conditions; type ?yos c? for details. > > The hypothetical commands ?yos w? and ?yos c? should show the > appropriate parts of the General Public License. Of course, the > commands you use may be called something other than ?yos w? and ?yos > c?; they could even be mouse-clicks or menu items?whatever suits your > program. > You should also get your employer (if you work as a programmer) or > your school, if any, to sign a ?copyright disclaimer? for the program, > if necessary. > This General Public License does not permit incorporating your program > into proprietary programs. If your program is a subroutine library, > you may consider it more useful to permit linking proprietary > applications with the library. > > > _______________________________________________ > The opinions expressed in this email are those of the sender and not necessarily those of the Open Source Initiative. Communication from the Open Source Initiative will be sent from an opensource.org email address. > > License-review mailing list > License-review at lists.opensource.org > http://lists.opensource.org/mailman/listinfo/license-review_lists.opensource.org -------------- next part -------------- An HTML attachment was scrubbed... URL: From pamela.chestek at opensource.org Wed May 26 00:45:23 2021 From: pamela.chestek at opensource.org (Pamela Chestek) Date: Tue, 25 May 2021 20:45:23 -0400 Subject: [License-review] Approval,YOS In-Reply-To: References: Message-ID: <575fe199-7f47-0b3f-0c09-b303f5ce7aed@opensource.org> Dear License-Review list, On May 21 the Board voted not to approve the YATeam Open Source License. Pam Pamela S. Chestek Chair, License Committee Open Source Initiative On 5/14/21 3:05 PM, Pamela Chestek wrote: > Dear License-Review list and Board: > > Below is the recommendation of the License Committee with respect to > the YATeam Open Source License. > > Best regards, > > Pam > > Pamela Chestek > Chair, License Committee > Open Source Initiative > > ============== > > License: YATeam Open Source License (Exhibit A) > Submitted: Feb. 21, 2021, > http://lists.opensource.org/pipermail/license-review_lists.opensource.org/2021-February/005106.html > Decision date: due no later than the first Board meeting after April > 22, 2021. > > License Review Committee Recommendation: > > Resolved that it is the opinion of the OSI that the YATeam Open Source > License does not conform to the OSD and assure software freedom and > the license is therefore not approved. > > _Rationale Document_ > > Reasons for withholding approval: > > The license is a modification of the GNU General Public License > version 2 with some unacceptable changes. In particular: > The license is revocable, ? 16, which is violation of OSD 3. > In ?? 13-17, the license has unintelligible provisions requiring the > use of "authorization codes." The purpose and use of these codes is > unclear and the failure to comply with the terms invalidates the > license, i.e., the use of the code becomes unlicensed. This is likely > to be a violation of OSD 1. > > Note also that the submission was incomplete and the license submitter > did not respond to emails suggesting that additional information > needed to be provided. > > _Exhibit A_ > > YATeam Open Source License > > Copyright (C) 2018, 2021 YATeam,Org. > CN > Everyone is permitted to copy and distribute verbatim copies of this > license document, but changing it is not allowed. > > Preamble > > The licenses for most software are designed to take away your freedom > to share and change it. By contrast, the YOS General Public License is > intended to guarantee your freedom to share and change free > software?to make sure the software is free for all its users. Most of > the programs released or to be released by YATeam adopt the general > public license of YOS. You can apply it to your programs, too. > > YOS is a General Public License issued by YATeam based on the > characteristics of existing General Public License and its own needs. > It will protect the rights and interests of authors and users to the > maximum e ? 16. xtent. > > We protect your rights with two steps: (1) copyright the software, and > (2) offer you this license which gives you legal permission to copy, > distribute and/or modify the software, (3) Any reproduction, > distribution and modification requires the author?s express > authorization and unique number, but the author shall not charge or > charge in disguise during this process. > > Also, for each author's protection and ours, we want to make certain > that everyone understands that there is no warranty for this free > software. If the software is modified by someone else and passed on, > we want its recipients to know that what they have is not the > original, so that any problems introduced by others will not reflect > on the original authors' reputations. > > Finally, any free program is threatened constantly by software > patents. We wish to avoid the danger that redistributors of a free > program will individually obtain patent licenses, in effect making the > program proprietary. To prevent this, we have made it clear that any > patent must be licensed for everyone's free use or not licensed at all. > The precise terms and conditions for copying, distribution and > modification follow. > > TERMS AND CONDITIONS FOR COPYING, DISTRIBUTION AND MODIFICATION > > 0. This License applies to any program or other work which contains a > notice placed by the copyright holder saying it may be distributed > under the terms of this General Public License. The "Program", below, > refers to any such program or work, and a "work based on the Program" > means either the Program or any derivative work under copyright law: > that is to say, a work containing the Program or a portion of it, > either verbatim or with modifications and/or translated into another > language. (Hereinafter, translation is included without limitation in > the term "modification".) Each licensee is addressed as "you". > > Activities other than copying, distribution and modification are not > covered by this License; they are outside its scope. The act of > running the Program is not restricted, and the output from the Program > is covered only if its contents constitute a work based on the Program > (independent of having been made by running the Program). Whether that > is true depends on what the Program does. > > 1. You may copy and distribute verbatim copies of the program's source > code in any way upon receipt of the program in any form, provided that > you prominently and properly publish the appropriate copyright notice > and disclaimer, as well as the author's unique authorization code, on > each copy, and show the means of verification; all statements > regarding this license are reserved without any warranty; and you > shall provide the any other recipient provides a copy of this license > and this program. > You may charge a fee for the physical act of transferring a copy, and > you may at your option offer warranty protection in exchange for a fee. > > 2. You may modify your copy or copies of the Program or any portion of > it, thus forming a work based on the Program, and copy and distribute > such modifications or work under the terms of Section 1 above, > provided that you also meet all of these conditions: > > a) You must cause the modified files to carry prominent notices > stating that you changed the files and the date of any change. > b) You must cause any work that you distribute or publish, that in > whole or in part contains or is derived from the Program or any part > thereof, to be licensed as a whole at no charge to all third parties > under the terms of this License. > c) If the modified program normally reads commands interactively when > run, you must cause it, when started running for such interactive use > in the most ordinary way, to print or display an announcement > including an appropriate copyright notice and a notice that there is > no warranty (or else, saying that you provide a warranty) and that > users may redistribute the program under these conditions, and telling > the user how to view a copy of this License. (Exception: if the > Program itself is interactive but does not normally print such an > announcement, your work based on the Program is not required to print > an announcement.) > > These requirements apply to the modified work as a whole. If > identifiable sections of that work are not derived from the Program, > and can be reasonably considered independent and separate works in > themselves, then this License, and its terms, do not apply to those > sections when you distribute them as separate works. But when you > distribute the same sections as part of a whole which is a work based > on the Program, the distribution of the whole must be on the terms of > this License, whose permissions for other licensees extend to the > entire whole, and thus to each and every part regardless of who wrote it. > Thus, it is not the intent of this section to claim rights or contest > your rights to work written entirely by you; rather, the intent is to > exercise the right to control the distribution of derivative or > collective works based on the Program. > > In addition, mere aggregation of another work not based on the Program > with the Program (or with a work based on the Program) on a volume of > a storage or distribution medium does not bring the other work under > the scope of this License. > > 3. You may copy and distribute the Program (or a work based on it, > under Section 2) in object code or executable form under the terms of > Sections 1 and 2 above provided that you also do one of the following: > > a) Accompany it with the complete corresponding machine-readable > source code, which must be distributed under the terms of Sections 1 > and 2 above on a medium customarily used for software interchange; or, > b) Accompany it with a written offer, valid for at least three years, > to give any third party, for a charge no more than your cost of > physically performing source distribution, a complete machine-readable > copy of the corresponding source code, to be distributed under the > terms of Sections 1 and 2 above on a medium customarily used for > software interchange; or, > c) Accompany it with the information you received as to the offer to > distribute corresponding source code. (This alternative is allowed > only for noncommercial distribution and only if you received the > program in object code or executable form with such an offer, in > accord with Subsection b above.) > d) Accompany it with the unique authorization code you obtained and > the query method of authorization code. > > The source code for a work means the preferred form of the work for > making modifications to it. For an executable work, complete source > code means all the source code for all modules it contains, plus any > associated interface definition files, plus the scripts used to > control compilation and installation of the executable. However, as a > special exception, the source code distributed need not include > anything that is normally distributed (in either source or binary > form) with the major components (compiler, kernel, and so on) of the > operating system on which the executable runs, unless that component > itself accompanies the executable. > > If distribution of executable or object code is made by offering > access to copy from a designated place, then offering equivalent > access to copy the source code from the same place counts as > distribution of the source code, even though third parties are not > compelled to copy the source along with the object code. > > 4. You may not copy, modify, sublicense or distribute this program > except as expressly provided in this license. Any attempt to otherwise > copy, modify, sublicense or distribute this program shall be void and > shall automatically terminate your rights under this license. However, > parties receiving copies or rights from you under this license > agreement will not terminate their license agreement as long as they > are fully compliant and the author expressly provides for inheritable > rights. > > 5. You do not need to accept this license because you have not signed > it. However, there are no other rights granted to you to modify or > distribute this program or its derivative works. If you do not accept > this license, these actions will be prohibited by law. Therefore, by > modifying or distributing this program (or any work based on this > program), you accept this license and accept all terms and conditions > for copying, distributing or modifying this program or any work based > on this program. > > 6. Each time you redistribute the Program (or any work based on the > Program), the recipient automatically receives a license from the > original licensor to copy, distribute or modify the Program subject to > these terms and conditions. You may not impose any further > restrictions on the recipients' exercise of the rights granted herein. > You are not responsible for enforcing compliance by third parties to > this License. > > 7. If, as a consequence of a court judgment or allegation of patent > infringement or for any other reason (not limited to patent issues), > conditions are imposed on you (whether by court order, agreement or > otherwise) that contradict the conditions of this License, they do not > excuse you from the conditions of this License. If you cannot > distribute so as to satisfy simultaneously your obligations under this > License and any other pertinent obligations, then as a consequence you > may not distribute the Program at all. For example, if a patent > license would not permit royalty-free redistribution of the Program by > all those who receive copies directly or indirectly through you, then > the only way you could satisfy both it and this License would be to > refrain entirely from distribution of the Program. > > If any portion of this section is held invalid or unenforceable under > any particular circumstance, the balance of the section is intended to > apply and the section as a whole is intended to apply in other > circumstances. > > It is not the purpose of this section to induce you to infringe any > patents or other property right claims or to contest validity of any > such claims; this section has the sole purpose of protecting the > integrity of the free software distribution system, which is > implemented by public license practices. Many people have made > generous contributions to the wide range of software distributed > through that system in reliance on consistent application of that > system; it is up to the author/donor to decide if he or she is willing > to distribute software through any other system and a licensee cannot > impose that choice. > > This section is intended to make thoroughly clear what is believed to > be a consequence of the rest of this License. > > 8. If the distribution and/or use of this program is restricted by > patent or copyright protected interface in some countries (regions), > the original copyright owner who places this program under this > license may add explicit geographical distribution restrictions > (excluding those countries), so that distribution is allowed only in > countries or regions not excluded. If there is no clear geographical > distribution restriction and there is a conflict with the laws and > regulations of this country and region, this license will > automatically lapse, and you may not distribute and/or use this > program in any way. In this case, this license contains restrictions > as if written in the body of this license. > > 9. YATeam may publish revised and/or new versions of the General > 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. > > Each version is given a distinguishing version number. If the Program > specifies a version number of this License which applies to it and > "any later version", you have the option of following the terms and > conditions either of that version or of any later version published by > YATeam. If the Program does not specify a version number of this > License, you may choose any version ever published by YATeam. > > 10. If you wish to incorporate parts of the Program into other free > programs whose distribution conditions are different, write to the > author to ask for permission. > Our decision will follow three goals, namely, to maintain the free > state of all derivatives of our free software, to promote the overall > sharing and reuse of software generally, and to maximize the rights of > program owners and you. > > NO WARRANTY > > 11. BECAUSE THE PROGRAM IS LICENSED FREE OF CHARGE, 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. > > 12. IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN > WRITING WILL ANY COPYRIGHT HOLDER, OR ANY OTHER PARTY WHO MAY MODIFY > AND/OR REDISTRIBUTE 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. > > Program Publisher Specification > > 13. If you use this license, you must provide your contact information > so that the user can contact you and obtain a unique authorization > code, which is in duplicate, stored in your database and sent to the > user in writing or email. The authorization code must correspond to a > unique user, otherwise it will be invalid and this license will be > invalid automatically.The whole process of authorization shall not be > charged in any form and shall not claim any rights. > > 14. You must provide an authorization code query method for users to > query. Please note that the inquiry process shall not charge or charge > any fees in disguise, and shall not claim any additional rights, > otherwise this license will automatically lapse. > > 15. You can also entrust a third party to provide corresponding > services free of charge, but the third party has the right to charge > you. If you entrust a third party, you must issue the relevant > statement and publicize it. Similarly, the third party must publicize > your written permission. > > 16. You may at any time, with reasonable reasons, revoke the > authorization of any program based on your program for copying, > distributing and/or modifying, and the legality of the non original > program shall immediately lapse and shall not be used for any purpose. > > 17. If you do not provide contact information and/or inquiry > information, and do not declare that the authorization code can be > removed, this license will automatically lapse. > > END OF TERMS AND CONDITIONS > > How to Apply These Terms to Your New Programs > > If you develop a new program, and you want it to be of the greatest > possible use to the public, the best way to achieve this is to make it > free software which everyone can redistribute and change under these > terms. > > To do so, attach the following notices to the program. It is safest to > attach them to the start of each source file to most effectively > convey the exclusion of warranty; and each file should have at least > the "copyright" line and a pointer to where the full notice is found. > One line to give the program's name and a brief idea of what it does. > > Copyright (C) > (No need to add) > > (If this item is not added, this license will automatically lapse) > > This program is free software; you can redistribute it and/or modify > it under the terms of the YOS General Public License as published by > YATeam; either version 1 of the License, or (at your option) any later > version. > > This program is distributed in the hope that it will be useful, but > WITHOUT ANY WARRANTY; without even the implied warranty of > MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. See the YOS > General Public License for more details. > You should have received a copy of the YOS General Public License > along with this program; if not, write to the YATeam, Org., yatserv at > gmail.com > > If the program is interactive, make it output a short notice like this > when it starts in an interactive mode: > > Gnomovision version 69, Copyright (C) year name of author Gnomovision > comes with ABSOLUTELY NO WARRANTY; for details type ?yos w'. This is > free software, and you are welcome to redistribute it under certain > conditions; type ?yos c' for details. > > The hypothetical commands ?yos w' and ?yos c' should show the > appropriate parts of the General Public License. Of course, the > commands you use may be called something other than ?yos w' and ?yos > c'; they could even be mouse-clicks or menu items?whatever suits your > program. > > You should also get your employer (if you work as a programmer) or > your school, if any, to sign a "copyright disclaimer" for the program, > if necessary. > > This General Public License does not permit incorporating your program > into proprietary programs. If your program is a subroutine library, > you may consider it more useful to permit linking proprietary > applications with the library. > > > On 2/21/2021 7:02 AM, Forever????? wrote: >> >> >> YATeam Open Source License >> >> Copyright (C) 2018, 2021 YATeam,Org. >> CN >> Everyone is permitted to copy and distribute verbatim copies of this >> license document, but changing it is not allowed. >> >> >> Preamble >> >> The licenses for most software are designed to take away your freedom >> to share and change it. By contrast, the YOS General Public License >> is intended to guarantee your freedom to share and change free >> software?to make sure the software is free for all its users.Most of >> the programs released or to be released by YATeam adopt the general >> public license of YOS. You can apply it to your programs, too. >> YOS is a General Public License issued by YATeam based on the >> characteristics of existing General Public License and its own needs. >> It will protect the rights and interests of authors and users to the >> maximum extent. >> We protect your rights with two steps: (1) copyright the software, >> and (2) offer you this license which gives you legal permission to >> copy, distribute and/or modify the software,(3)Any reproduction, >> distribution and modification requires the author?s express >> authorization and unique number, but the author shall not charge or >> charge in disguise during this process. >> Also, for each author?s protection and ours, we want to make certain >> that everyone understands that there is no warranty for this free >> software. If the software is modified by someone else and passed on, >> we want its recipients to know that what they have is not the >> original, so that any problems introduced by others will not reflect >> on the original authors? reputations. >> Finally, any free program is threatened constantly by software >> patents. We wish to avoid the danger that redistributors of a free >> program will individually obtain patent licenses, in effect making >> the program proprietary. To prevent this, we have made it clear that >> any patent must be licensed for everyone?s free use or not licensed >> at all. >> The precise terms and conditions for copying, distribution and >> modification follow. >> >> >> TERMS AND CONDITIONS FOR COPYING, DISTRIBUTION AND MODIFICATION >> >> 0. >> >> This License applies to any program or other work which contains >> a notice placed by the copyright holder saying it may be >> distributed under the terms of this General Public License. The >> ?Program?, below, refers to any such program or work, and a ?work >> based on the Program? means either the Program or any derivative >> work under copyright law: that is to say, a work containing the >> Program or a portion of it, either verbatim or with modifications >> and/or translated into another language. (Hereinafter, >> translation is included without limitation in the term >> ?modification?.) Each licensee is addressed as ?you?. >> Activities other than copying, distribution and modification are >> not covered by this License; they are outside its scope. The act >> of running the Program is not restricted, and the output from the >> Program is covered only if its contents constitute a work based >> on the Program (independent of having been made by running the >> Program). Whether that is true depends on what the Program does. >> >> 1. >> >> You may copy and distribute verbatim copies of the program?s >> source code in any way upon receipt of the program in any form, >> provided that you prominently and properly publish the >> appropriate copyright notice and disclaimer, as well as the >> author?s unique authorization code, on each copy, and show the >> means of verification; all statements regarding this license are >> reserved without any warranty; and you shall provide the any >> other recipient provides a copy of this license and this program. >> You may charge a fee for the physical act of transferring a copy, >> and you may at your option offer warranty protection in exchange >> for a fee. >> >> 2. >> >> You may modify your copy or copies of the Program or any portion >> of it, thus forming a work based on the Program, and copy and >> distribute such modifications or work under the terms of Section >> 1 above, provided that you also meet all of these conditions: >> >> a) You must cause the modified files to carry prominent notices >> stating that you changed the files and the date of any change. >> b) You must cause any work that you distribute or publish, that >> in whole or in part contains or is derived from the Program or >> any part thereof, to be licensed as a whole at no charge to all >> third parties under the terms of this License. >> c) If the modified program normally reads commands interactively >> when run, you must cause it, when started running for such >> interactive use in the most ordinary way, to print or display an >> announcement including an appropriate copyright notice and a >> notice that there is no warranty (or else, saying that you >> provide a warranty) and that users may redistribute the program >> under these conditions, and telling the user how to view a copy >> of this License. (Exception: if the Program itself is interactive >> but does not normally print such an announcement, your work based >> on the Program is not required to print an announcement.) >> >> These requirements apply to the modified work as a whole. If >> identifiable sections of that work are not derived from the Program, >> and can be reasonably considered independent and separate works in >> themselves, then this License, and its terms, do not apply to those >> sections when you distribute them as separate works. But when you >> distribute the same sections as part of a whole which is a work based >> on the Program, the distribution of the whole must be on the terms of >> this License, whose permissions for other licensees extend to the >> entire whole, and thus to each and every part regardless of who wrote it. >> Thus, it is not the intent of this section to claim rights or contest >> your rights to work written entirely by you; rather, the intent is to >> exercise the right to control the distribution of derivative or >> collective works based on the Program. >> In addition, mere aggregation of another work not based on the >> Program with the Program (or with a work based on the Program) on a >> volume of a storage or distribution medium does not bring the other >> work under the scope of this License. >> 3. You may copy and distribute the Program (or a work based on it, >> under Section 2) in object code or executable form under the terms of >> Sections 1 and 2 above provided that you also do one of the following: >> >> a) Accompany it with the complete corresponding machine-readable >> source code, which must be distributed under the terms of >> Sections 1 and 2 above on a medium customarily used for software >> interchange; or, >> b) Accompany it with a written offer, valid for at least three >> years, to give any third party, for a charge no more than your >> cost of physically performing source distribution, a complete >> machine-readable copy of the corresponding source code, to be >> distributed under the terms of Sections 1 and 2 above on a medium >> customarily used for software interchange; or, >> c) Accompany it with the information you received as to the offer >> to distribute corresponding source code. (This alternative is >> allowed only for noncommercial distribution and only if you >> received the program in object code or executable form with such >> an offer, in accord with Subsection b above.) >> d) Accompany it with the unique authorization code you obtained >> and the query method of authorization code. >> >> The source code for a work means the preferred form of the work for >> making modifications to it. For an executable work, complete source >> code means all the source code for all modules it contains, plus any >> associated interface definition files, plus the scripts used to >> control compilation and installation of the executable. However, as a >> special exception, the source code distributed need not include >> anything that is normally distributed (in either source or binary >> form) with the major components (compiler, kernel, and so on) of the >> operating system on which the executable runs, unless that component >> itself accompanies the executable. >> If distribution of executable or object code is made by offering >> access to copy from a designated place, then offering equivalent >> access to copy the source code from the same place counts as >> distribution of the source code, even though third parties are not >> compelled to copy the source along with the object code. >> 4. You may not copy, modify, sublicense or distribute this program >> except as expressly provided in this license. Any attempt to >> otherwise copy, modify, sublicense or distribute this program shall >> be void and shall automatically terminate your rights under this >> license. However, parties receiving copies or rights from you under >> this license agreement will not terminate their license agreement as >> long as they are fully compliant and the author expressly provides >> for inheritable rights. >> 5. You do not need to accept this license because you have not signed >> it. However, there are no other rights granted to you to modify or >> distribute this program or its derivative works. If you do not accept >> this license, these actions will be prohibited by law. Therefore, by >> modifying or distributing this program (or any work based on this >> program), you accept this license and accept all terms and conditions >> for copying, distributing or modifying this program or any work based >> on this program. >> 6. Each time you redistribute the Program (or any work based on the >> Program), the recipient automatically receives a license from the >> original licensor to copy, distribute or modify the Program subject >> to these terms and conditions. You may not impose any further >> restrictions on the recipients? exercise of the rights granted >> herein. You are not responsible for enforcing compliance by third >> parties to this License. >> 7. If, as a consequence of a court judgment or allegation of patent >> infringement or for any other reason (not limited to patent issues), >> conditions are imposed on you (whether by court order, agreement or >> otherwise) that contradict the conditions of this License, they do >> not excuse you from the conditions of this License. If you cannot >> distribute so as to satisfy simultaneously your obligations under >> this License and any other pertinent obligations, then as a >> consequence you may not distribute the Program at all. For example, >> if a patent license would not permit royalty-free redistribution of >> the Program by all those who receive copies directly or indirectly >> through you, then the only way you could satisfy both it and this >> License would be to refrain entirely from distribution of the Program. >> If any portion of this section is held invalid or unenforceable under >> any particular circumstance, the balance of the section is intended >> to apply and the section as a whole is intended to apply in other >> circumstances. >> It is not the purpose of this section to induce you to infringe any >> patents or other property right claims or to contest validity of any >> such claims; this section has the sole purpose of protecting the >> integrity of the free software distribution system, which is >> implemented by public license practices. Many people have made >> generous contributions to the wide range of software distributed >> through that system in reliance on consistent application of that >> system; it is up to the author/donor to decide if he or she is >> willing to distribute software through any other system and a >> licensee cannot impose that choice. >> This section is intended to make thoroughly clear what is believed to >> be a consequence of the rest of this License. >> 8. If the distribution and/or use of this program is restricted by >> patent or copyright protected interface in some countries (regions), >> the original copyright owner who places this program under this >> license may add explicit geographical distribution restrictions >> (excluding those countries), so that distribution is allowed only in >> countries or regions not excluded. If there is no clear geographical >> distribution restriction and there is a conflict with the laws and >> regulations of this country and region, this license will >> automatically lapse, and you may not distribute and/or use this >> program in any way. In this case, this license contains restrictions >> as if written in the body of this license. >> 9. YATeam may publish revised and/or new versions of the General >> 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. >> Each version is given a distinguishing version number. If the Program >> specifies a version number of this License which applies to it and >> ?any later version?, you have the option of following the terms and >> conditions either of that version or of any later version published >> by YATeam. If the Program does not specify a version number of this >> License, you may choose any version ever published by YATeam. >> 10. If you wish to incorporate parts of the Program into other free >> programs whose distribution conditions are different, write to the >> author to ask for permission. >> Our decision will follow three goals, namely, to maintain the free >> state of all derivatives of our free software, to promote the overall >> sharing and reuse of software generally, and to maximize the rights >> of program owners and you. >> >> >> NO WARRANTY >> >>11. >> >> BECAUSE THE PROGRAM IS LICENSED FREE OF CHARGE, 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. >> >>12. >> >> IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN >> WRITING WILL ANY COPYRIGHT HOLDER, OR ANY OTHER PARTY WHO MAY >> MODIFY AND/OR REDISTRIBUTE 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. >> >> >> Program Publisher Specification >> >>13. >> >> If you use this license, you must provide your contact >> information so that the user can contact you and obtain a unique >> authorization code, which is in duplicate, stored in your >> database and sent to the user in writing or email. The >> authorization code must correspond to a unique user, otherwise it >> will be invalid and this license will be invalid >> automatically.The whole process of authorization shall not be >> charged in any form and shall not claim any rights. >> >>14. >> >> You must provide an authorization code query method for users to >> query. Please note that the inquiry process shall not charge or >> charge any fees in disguise, and shall not claim any additional >> rights, otherwise this license will automatically lapse. >> >>15. >> >> You can also entrust a third party to provide corresponding >> services free of charge, but the third party has the right to >> charge you. If you entrust a third party, you must issue the >> relevant statement and publicize it. Similarly, the third party >> must publicize your written permission. >> >>16. >> >> You may at any time, with reasonable reasons, revoke the >> authorization of any program based on your program for copying, >> distributing and/or modifying, and the legality of the non >> original program shall immediately lapse and shall not be used >> for any purpose. >> >>17. >> >> If you do not provide contact information and/or inquiry >> information, and do not declare that the authorization code can >> be removed, this license will automatically lapse. >> >> END OF TERMS AND CONDITIONS >> >> >> How to Apply These Terms to Your New Programs >> >> If you develop a new program, and you want it to be of the greatest >> possible use to the public, the best way to achieve this is to make >> it free software which everyone can redistribute and change under >> these terms. >> >> To do so, attach the following notices to the program. It is safest >> to attach them to the start of each source file to most effectively >> convey the exclusion of warranty; and each file should have at least >> the ?copyright? line and a pointer to where the full notice is found. >> One line to give the program?s name and a brief idea of what it does. >> >> Copyright (C) >> (No need to add) >> >> (If this item is not added, this license will automatically lapse) >> This program is free software; you can redistribute it and/or >> modify it under the terms of the YOS General Public License as >> published by YATeam; either version 1 of the License, or (at your >> option) any later version. >> This program is distributed in the hope that it will be useful, >> but WITHOUT ANY WARRANTY; without even the implied warranty of >> MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. See the YOS >> General Public License for more details. >> You should have received a copy of the YOS General Public License >> along with this program; if not, write to the YATeam, Org., >> yatserv at gmail.com >> >> If the program is interactive, make it output a short notice like >> this when it starts in an interactive mode: >> >> Gnomovision version 69, Copyright (C) year name of author >> Gnomovision comes with ABSOLUTELY NO WARRANTY; for details type >> ?yos w?. This is free software, and you are welcome to >> redistribute it under certain conditions; type ?yos c? for details. >> >> The hypothetical commands ?yos w? and ?yos c? should show the >> appropriate parts of the General Public License. Of course, the >> commands you use may be called something other than ?yos w? and ?yos >> c?; they could even be mouse-clicks or menu items?whatever suits your >> program. >> You should also get your employer (if you work as a programmer) or >> your school, if any, to sign a ?copyright disclaimer? for the >> program, if necessary. >> This General Public License does not permit incorporating your >> program into proprietary programs. If your program is a subroutine >> library, you may consider it more useful to permit linking >> proprietary applications with the library. >> >> >> _______________________________________________ >> The opinions expressed in this email are those of the sender and not necessarily those of the Open Source Initiative. Communication from the Open Source Initiative will be sent from an opensource.org email address. >> >> License-review mailing list >> License-review at lists.opensource.org >> http://lists.opensource.org/mailman/listinfo/license-review_lists.opensource.org > -------------- next part -------------- An HTML attachment was scrubbed... URL: From pieper at isomics.com Thu May 27 19:11:04 2021 From: pieper at isomics.com (Steve Pieper) Date: Thu, 27 May 2021 15:11:04 -0400 Subject: [License-review] request for review of the 3D Slicer License Message-ID: Hello - I'm requesting a review of the 3D Slicer license for Legacy Approval as a Non-Reusable license. This license was drafted in 2005 by lawyers working for Brigham and Women's Hospital (BWH), a teaching affiliate of Harvard Medical School, to be BSD-like but with a few extra provisions related to medical software. It is specific to BWH so it's not directly reusable. It was written in part because BWH was the prime contractor on an NIH-funded development consortium (na-mic.org) and wanted all code contributions to be compatible with ultimate use in real-world medical products (that is, commercial FDA-approved medical devices, which are almost universally closed source even if they build on open software). Compliance with the Slicer License was required for subcontractors, a group that included General Electric and several universities (MIT, UNC...) who all reviewed and accepted this license. The license has been in continuous use since 2005 on software (slicer.org) that has been downloaded something like a million times and has been referenced in about 12,000 academic publications ( https://www.slicer.org/wiki/Main_Page/SlicerCommunity). Some of the code is also now being used in several medical products, with this license having been reviewed and accepted by the companies involved. Here are some of the key points that BWH included to increase their comfort at distributing open source medical software. * contributors affirm that they have de-identified any patient data they contribute * contributors explicitly grant royalty free rights if they contribute code covered by a patent they control (i.e. to avoid submarine patents) and the right to sublicense code, data, and patents * no GPL or other copyleft allowed because that would make the code basically impossible to use in real medical products * it states that the code is "designed for research" and "CLINICAL APPLICATIONS ARE NEITHER RECOMMENDED NOR ADVISED" just to make it extra clear that any commercial clinical uses of the code are solely the responsibility of the user and not BWH or the other developers. The full text is linked and copied below for your consideration. Thanks, Steve https://github.com/Slicer/Slicer/blob/master/License.txt For more information, please see: http://www.slicer.org The 3D Slicer license below is a BSD style license, with extensions to cover contributions and other issues specific to 3D Slicer. 3D Slicer Contribution and Software License Agreement ("Agreement") Version 1.0 (December 20, 2005) This Agreement covers contributions to and downloads from the 3D Slicer project ("Slicer") maintained by The Brigham and Women's Hospital, Inc. ("Brigham"). Part A of this Agreement applies to contributions of software and/or data to Slicer (including making revisions of or additions to code and/or data already in Slicer). Part B of this Agreement applies to downloads of software and/or data from Slicer. Part C of this Agreement applies to all transactions with Slicer. If you distribute Software (as defined below) downloaded from Slicer, all of the paragraphs of Part B of this Agreement must be included with and apply to such Software. Your contribution of software and/or data to Slicer (including prior to the date of the first publication of this Agreement, each a "Contribution") and/or downloading, copying, modifying, displaying, distributing or use of any software and/or data from Slicer (collectively, the "Software") constitutes acceptance of all of the terms and conditions of this Agreement. If you do not agree to such terms and conditions, you have no right to contribute your Contribution, or to download, copy, modify, display, distribute or use the Software. PART A. CONTRIBUTION AGREEMENT - License to Brigham with Right to Sublicense ("Contribution Agreement"). 1. As used in this Contribution Agreement, "you" means the individual contributing the Contribution to Slicer and the institution or entity which employs or is otherwise affiliated with such individual in connection with such Contribution. 2. This Contribution Agreement applies to all Contributions made to Slicer, including without limitation Contributions made prior to the date of first publication of this Agreement. If at any time you make a Contribution to Slicer, you represent that (i) you are legally authorized and entitled to make such Contribution and to grant all licenses granted in this Contribution Agreement with respect to such Contribution; (ii) if your Contribution includes any patient data, all such data is de-identified in accordance with U.S. confidentiality and security laws and requirements, including but not limited to the Health Insurance Portability and Accountability Act (HIPAA) and its regulations, and your disclosure of such data for the purposes contemplated by this Agreement is properly authorized and in compliance with all applicable laws and regulations; and (iii) you have preserved in the Contribution all applicable attributions, copyright notices and licenses for any third party software or data included in the Contribution. 3. Except for the licenses granted in this Agreement, you reserve all right, title and interest in your Contribution. 4. You hereby grant to Brigham, with the right to sublicense, a perpetual, worldwide, non-exclusive, no charge, royalty-free, irrevocable license to use, reproduce, make derivative works of, display and distribute the Contribution. If your Contribution is protected by patent, you hereby grant to Brigham, with the right to sublicense, a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable license under your interest in patent rights covering the Contribution, to make, have made, use, sell and otherwise transfer your Contribution, alone or in combination with any other code. 5. You acknowledge and agree that Brigham may incorporate your Contribution into Slicer and may make Slicer available to members of the public on an open source basis under terms substantially in accordance with the Software License set forth in Part B of this Agreement. You further acknowledge and agree that Brigham shall have no liability arising in connection with claims resulting from your breach of any of the terms of this Agreement. 6. YOU WARRANT THAT TO THE BEST OF YOUR KNOWLEDGE YOUR CONTRIBUTION DOES NOT CONTAIN ANY CODE THAT REQURES OR PRESCRIBES AN "OPEN SOURCE LICENSE" FOR DERIVATIVE WORKS (by way of non-limiting example, the GNU General Public License or other so-called "reciprocal" license that requires any derived work to be licensed under the GNU General Public License or other "open source license"). PART B. DOWNLOADING AGREEMENT - License from Brigham with Right to Sublicense ("Software License"). 1. As used in this Software License, "you" means the individual downloading and/or using, reproducing, modifying, displaying and/or distributing the Software and the institution or entity which employs or is otherwise affiliated with such individual in connection therewith. The Brigham and Women's Hospital, Inc. ("Brigham") hereby grants you, with right to sublicense, with respect to Brigham's rights in the software, and data, if any, which is the subject of this Software License (collectively, the "Software"), a royalty-free, non-exclusive license to use, reproduce, make derivative works of, display and distribute the Software, provided that: (a) you accept and adhere to all of the terms and conditions of this Software License; (b) in connection with any copy of or sublicense of all or any portion of the Software, all of the terms and conditions in this Software License shall appear in and shall apply to such copy and such sublicense, including without limitation all source and executable forms and on any user documentation, prefaced with the following words: "All or portions of this licensed product (such portions are the "Software") have been obtained under license from The Brigham and Women's Hospital, Inc. and are subject to the following terms and conditions:" (c) you preserve and maintain all applicable attributions, copyright notices and licenses included in or applicable to the Software; (d) modified versions of the Software must be clearly identified and marked as such, and must not be misrepresented as being the original Software; and (e) you consider making, but are under no obligation to make, the source code of any of your modifications to the Software freely available to others on an open source basis. 2. The license granted in this Software License includes without limitation the right to (i) incorporate the Software into proprietary programs (subject to any restrictions applicable to such programs), (ii) add your own copyright statement to your modifications of the Software, and (iii) provide additional or different license terms and conditions in your sublicenses of modifications of the Software; provided that in each case your use, reproduction or distribution of such modifications otherwise complies with the conditions stated in this Software License. 3. This Software License does not grant any rights with respect to third party software, except those rights that Brigham has been authorized by a third party to grant to you, and accordingly you are solely responsible for (i) obtaining any permissions from third parties that you need to use, reproduce, make derivative works of, display and distribute the Software, and (ii) informing your sublicensees, including without limitation your end-users, of their obligations to secure any such required permissions. 4. The Software has been designed for research purposes only and has not been reviewed or approved by the Food and Drug Administration or by any other agency. YOU ACKNOWLEDGE AND AGREE THAT CLINICAL APPLICATIONS ARE NEITHER RECOMMENDED NOR ADVISED. Any commercialization of the Software is at the sole risk of the party or parties engaged in such commercialization. You further agree to use, reproduce, make derivative works of, display and distribute the Software in compliance with all applicable governmental laws, regulations and orders, including without limitation those relating to export and import control. 5. The Software is provided "AS IS" and neither Brigham nor any contributor to the software (each a "Contributor") shall have any obligation to provide maintenance, support, updates, enhancements or modifications thereto. BRIGHAM AND ALL CONTRIBUTORS SPECIFICALLY DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES OF ANY KIND INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN NO EVENT SHALL BRIGHAM OR ANY CONTRIBUTOR BE LIABLE TO ANY PARTY FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY ARISING IN ANY WAY RELATED TO THE SOFTWARE, EVEN IF BRIGHAM OR ANY CONTRIBUTOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT NOT PROHIBITED BY LAW OR REGULATION, YOU FURTHER ASSUME ALL LIABILITY FOR YOUR USE, REPRODUCTION, MAKING OF DERIVATIVE WORKS, DISPLAY, LICENSE OR DISTRIBUTION OF THE SOFTWARE AND AGREE TO INDEMNIFY AND HOLD HARMLESS BRIGHAM AND ALL CONTRIBUTORS FROM AND AGAINST ANY AND ALL CLAIMS, SUITS, ACTIONS, DEMANDS AND JUDGMENTS ARISING THEREFROM. 6. None of the names, logos or trademarks of Brigham or any of Brigham's affiliates or any of the Contributors, or any funding agency, may be used to endorse or promote products produced in whole or in part by operation of the Software or derived from or based on the Software without specific prior written permission from the applicable party. 7. Any use, reproduction or distribution of the Software which is not in accordance with this Software License shall automatically revoke all rights granted to you under this Software License and render Paragraphs 1 and 2 of this Software License null and void. 8. This Software License does not grant any rights in or to any intellectual property owned by Brigham or any Contributor except those rights expressly granted hereunder. PART C. MISCELLANEOUS This Agreement shall be governed by and construed in accordance with the laws of The Commonwealth of Massachusetts without regard to principles of conflicts of law. This Agreement shall supercede and replace any license terms that you may have agreed to previously with respect to Slicer. -------------- next part -------------- An HTML attachment was scrubbed... URL: From opensource at LukasAtkinson.de Fri May 28 13:02:18 2021 From: opensource at LukasAtkinson.de (Lukas Atkinson) Date: Fri, 28 May 2021 15:02:18 +0200 Subject: [License-review] request for review of the 3D Slicer License In-Reply-To: References: Message-ID: I think the Part B Downloading Agreement looks like an approvable BSD-style Open Source license. At most, paragraph 4 could be a problem. But the warning that the software was designed for ?research purposes? only is not a field of use restriction, and the requirement to comply with ?all applicable ? laws, regulations and orders? seems tautological. This seems more like an acceptable disclaimer. However, I don't think the Part A Contribution Agreement should be covered by an OSI approval decision. It's an unconstrained CLA to the benefit of a particular party, not an Open Source license to the public. If the Contribution Agreement were part of the license, the requirement to de-identify data could also be a field of use restriction. As a practical argument against approval of (parts) of the license: it will be difficult to clearly communicate to the public which aspects of this license were approved as Open Source and which were not. If this isn't made extremely clear, someone will misunderstand the approval of parts of the Slicer license to mean that such lopsided CLAs are inherently Open Source. Thus, it may be in OSI's best interest to decline approval for the Slicer license. On 27/05/2021 21:11, Steve Pieper wrote: > ... From brlcad at mac.com Fri May 28 15:07:39 2021 From: brlcad at mac.com (Christopher Sean Morrison) Date: Fri, 28 May 2021 11:07:39 -0400 Subject: [License-review] request for review of the 3D Slicer License In-Reply-To: References: Message-ID: <706E0615-E996-44F6-8F1D-E45B77A29F22@mac.com> From a uniqueness / proliferation standpoint, this license reads to me like an amalgamation of a BSD license with the Apache 2.0 license with a couple extra medical-domain clauses added. One potential issue I see with respect to the OSD is Part B.4 where users must assert and agree that it?s designed for ?research purposes only? and ?has not been reviewed or approved by ?? the [U.S.] FDA. That skirts on an edge of upsetting clause #6, discrimination against a field of endeavor (i.e., clinical applications and FDA-approved software). That said, Part B.4 doesn?t appear to have teeth beyond saying they are "not recommended or advised? but not actually prevented. I?m not sure what the implications are, if any, for agreeing to a blatantly false condition. That is, Part B.1.a has me accept my code is research only and not FDA approved but then the prevailing intent is to then incorporate the Software into a non-research context and/or obtain FDA approval where it?s still covered by this license but that agreement as expressly written cannot be upheld truthfully. I?m not sure what to make of Part A.6 ? that feels like a restriction on other software (i.e., OSD #9). How is it not? Cheers! Sean > Date: Thu, 27 May 2021 15:11:04 -0400 > From: Steve Pieper > To: license-review at lists.opensource.org > Cc: Ron Kikinis MD , > "jchris.fillionr at kitware.com" , Andras > Lasso > Subject: [License-review] request for review of the 3D Slicer License > > Hello - > > I'm requesting a review of the 3D Slicer license for Legacy Approval as a > Non-Reusable license. > > This license was drafted in 2005 by lawyers working for Brigham and Women's > Hospital (BWH), a teaching affiliate of Harvard Medical School, to be > BSD-like but with a few extra provisions related to medical software. It > is specific to BWH so it's not directly reusable. > > It was written in part because BWH was the prime contractor on an > NIH-funded development consortium (na-mic.org) and wanted all code > contributions to be compatible with ultimate use in real-world medical > products (that is, commercial FDA-approved medical devices, which are > almost universally closed source even if they build on open software). > Compliance with the Slicer License was required for subcontractors, a group > that included General Electric and several universities (MIT, UNC...) who > all reviewed and accepted this license. > > The license has been in continuous use since 2005 on software (slicer.org) > that has been downloaded something like a million times and has been > referenced in about 12,000 academic publications ( > https://www.slicer.org/wiki/Main_Page/SlicerCommunity). Some of the code > is also now being used in several medical products, with this license > having been reviewed and accepted by the companies involved. > > Here are some of the key points that BWH included to increase their comfort > at distributing open source medical software. > > * contributors affirm that they have de-identified any patient data they > contribute > > * contributors explicitly grant royalty free rights if they contribute code > covered by a patent they control (i.e. to avoid submarine patents) and the > right to sublicense code, data, and patents > > * no GPL or other copyleft allowed because that would make the code > basically impossible to use in real medical products > > * it states that the code is "designed for research" and "CLINICAL > APPLICATIONS ARE NEITHER RECOMMENDED NOR ADVISED" just to make it extra > clear that any commercial clinical uses of the code are solely the > responsibility of the user and not BWH or the other developers. > > The full text is linked and copied below for your consideration. > > Thanks, > Steve > > https://github.com/Slicer/Slicer/blob/master/License.txt > > > For more information, please see: > > http://www.slicer.org > > The 3D Slicer license below is a BSD style license, with extensions > to cover contributions and other issues specific to 3D Slicer. > > > 3D Slicer Contribution and Software License Agreement ("Agreement") > Version 1.0 (December 20, 2005) > > This Agreement covers contributions to and downloads from the 3D > Slicer project ("Slicer") maintained by The Brigham and Women's > Hospital, Inc. ("Brigham"). Part A of this Agreement applies to > contributions of software and/or data to Slicer (including making > revisions of or additions to code and/or data already in Slicer). Part > B of this Agreement applies to downloads of software and/or data from > Slicer. Part C of this Agreement applies to all transactions with > Slicer. If you distribute Software (as defined below) downloaded from > Slicer, all of the paragraphs of Part B of this Agreement must be > included with and apply to such Software. > > Your contribution of software and/or data to Slicer (including prior > to the date of the first publication of this Agreement, each a > "Contribution") and/or downloading, copying, modifying, displaying, > distributing or use of any software and/or data from Slicer > (collectively, the "Software") constitutes acceptance of all of the > terms and conditions of this Agreement. If you do not agree to such > terms and conditions, you have no right to contribute your > Contribution, or to download, copy, modify, display, distribute or use > the Software. > > PART A. CONTRIBUTION AGREEMENT - License to Brigham with Right to > Sublicense ("Contribution Agreement"). > > 1. As used in this Contribution Agreement, "you" means the individual > contributing the Contribution to Slicer and the institution or > entity which employs or is otherwise affiliated with such > individual in connection with such Contribution. > > 2. This Contribution Agreement applies to all Contributions made to > Slicer, including without limitation Contributions made prior to > the date of first publication of this Agreement. If at any time you > make a Contribution to Slicer, you represent that (i) you are > legally authorized and entitled to make such Contribution and to > grant all licenses granted in this Contribution Agreement with > respect to such Contribution; (ii) if your Contribution includes > any patient data, all such data is de-identified in accordance with > U.S. confidentiality and security laws and requirements, including > but not limited to the Health Insurance Portability and > Accountability Act (HIPAA) and its regulations, and your disclosure > of such data for the purposes contemplated by this Agreement is > properly authorized and in compliance with all applicable laws and > regulations; and (iii) you have preserved in the Contribution all > applicable attributions, copyright notices and licenses for any > third party software or data included in the Contribution. > > 3. Except for the licenses granted in this Agreement, you reserve all > right, title and interest in your Contribution. > > 4. You hereby grant to Brigham, with the right to sublicense, a > perpetual, worldwide, non-exclusive, no charge, royalty-free, > irrevocable license to use, reproduce, make derivative works of, > display and distribute the Contribution. If your Contribution is > protected by patent, you hereby grant to Brigham, with the right to > sublicense, a perpetual, worldwide, non-exclusive, no-charge, > royalty-free, irrevocable license under your interest in patent > rights covering the Contribution, to make, have made, use, sell and > otherwise transfer your Contribution, alone or in combination with > any other code. > > 5. You acknowledge and agree that Brigham may incorporate your > Contribution into Slicer and may make Slicer available to members > of the public on an open source basis under terms substantially in > accordance with the Software License set forth in Part B of this > Agreement. You further acknowledge and agree that Brigham shall > have no liability arising in connection with claims resulting from > your breach of any of the terms of this Agreement. > > 6. YOU WARRANT THAT TO THE BEST OF YOUR KNOWLEDGE YOUR CONTRIBUTION > DOES NOT CONTAIN ANY CODE THAT REQURES OR PRESCRIBES AN "OPEN > SOURCE LICENSE" FOR DERIVATIVE WORKS (by way of non-limiting > example, the GNU General Public License or other so-called > "reciprocal" license that requires any derived work to be licensed > under the GNU General Public License or other "open source > license"). > > PART B. DOWNLOADING AGREEMENT - License from Brigham with Right to > Sublicense ("Software License"). > > 1. As used in this Software License, "you" means the individual > downloading and/or using, reproducing, modifying, displaying and/or > distributing the Software and the institution or entity which > employs or is otherwise affiliated with such individual in > connection therewith. The Brigham and Women's Hospital, > Inc. ("Brigham") hereby grants you, with right to sublicense, with > respect to Brigham's rights in the software, and data, if any, > which is the subject of this Software License (collectively, the > "Software"), a royalty-free, non-exclusive license to use, > reproduce, make derivative works of, display and distribute the > Software, provided that: > > (a) you accept and adhere to all of the terms and conditions of this > Software License; > > (b) in connection with any copy of or sublicense of all or any portion > of the Software, all of the terms and conditions in this Software > License shall appear in and shall apply to such copy and such > sublicense, including without limitation all source and executable > forms and on any user documentation, prefaced with the following > words: "All or portions of this licensed product (such portions are > the "Software") have been obtained under license from The Brigham and > Women's Hospital, Inc. and are subject to the following terms and > conditions:" > > (c) you preserve and maintain all applicable attributions, copyright > notices and licenses included in or applicable to the Software; > > (d) modified versions of the Software must be clearly identified and > marked as such, and must not be misrepresented as being the original > Software; and > > (e) you consider making, but are under no obligation to make, the > source code of any of your modifications to the Software freely > available to others on an open source basis. > > 2. The license granted in this Software License includes without > limitation the right to (i) incorporate the Software into > proprietary programs (subject to any restrictions applicable to > such programs), (ii) add your own copyright statement to your > modifications of the Software, and (iii) provide additional or > different license terms and conditions in your sublicenses of > modifications of the Software; provided that in each case your use, > reproduction or distribution of such modifications otherwise > complies with the conditions stated in this Software License. > > 3. This Software License does not grant any rights with respect to > third party software, except those rights that Brigham has been > authorized by a third party to grant to you, and accordingly you > are solely responsible for (i) obtaining any permissions from third > parties that you need to use, reproduce, make derivative works of, > display and distribute the Software, and (ii) informing your > sublicensees, including without limitation your end-users, of their > obligations to secure any such required permissions. > > 4. The Software has been designed for research purposes only and has > not been reviewed or approved by the Food and Drug Administration > or by any other agency. YOU ACKNOWLEDGE AND AGREE THAT CLINICAL > APPLICATIONS ARE NEITHER RECOMMENDED NOR ADVISED. Any > commercialization of the Software is at the sole risk of the party > or parties engaged in such commercialization. You further agree to > use, reproduce, make derivative works of, display and distribute > the Software in compliance with all applicable governmental laws, > regulations and orders, including without limitation those relating > to export and import control. > > 5. The Software is provided "AS IS" and neither Brigham nor any > contributor to the software (each a "Contributor") shall have any > obligation to provide maintenance, support, updates, enhancements > or modifications thereto. BRIGHAM AND ALL CONTRIBUTORS SPECIFICALLY > DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES OF ANY KIND INCLUDING, > BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR > A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN NO EVENT SHALL > BRIGHAM OR ANY CONTRIBUTOR BE LIABLE TO ANY PARTY FOR DIRECT, > INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES > HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY ARISING IN ANY WAY > RELATED TO THE SOFTWARE, EVEN IF BRIGHAM OR ANY CONTRIBUTOR HAS > BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM > EXTENT NOT PROHIBITED BY LAW OR REGULATION, YOU FURTHER ASSUME ALL > LIABILITY FOR YOUR USE, REPRODUCTION, MAKING OF DERIVATIVE WORKS, > DISPLAY, LICENSE OR DISTRIBUTION OF THE SOFTWARE AND AGREE TO > INDEMNIFY AND HOLD HARMLESS BRIGHAM AND ALL CONTRIBUTORS FROM AND > AGAINST ANY AND ALL CLAIMS, SUITS, ACTIONS, DEMANDS AND JUDGMENTS > ARISING THEREFROM. > > 6. None of the names, logos or trademarks of Brigham or any of > Brigham's affiliates or any of the Contributors, or any funding > agency, may be used to endorse or promote products produced in > whole or in part by operation of the Software or derived from or > based on the Software without specific prior written permission > from the applicable party. > > 7. Any use, reproduction or distribution of the Software which is not > in accordance with this Software License shall automatically revoke > all rights granted to you under this Software License and render > Paragraphs 1 and 2 of this Software License null and void. > > 8. This Software License does not grant any rights in or to any > intellectual property owned by Brigham or any Contributor except > those rights expressly granted hereunder. > > PART C. MISCELLANEOUS > > This Agreement shall be governed by and construed in accordance with > the laws of The Commonwealth of Massachusetts without regard to > principles of conflicts of law. This Agreement shall supercede and > replace any license terms that you may have agreed to previously with > respect to Slicer. From josh at berkus.org Fri May 28 16:20:07 2021 From: josh at berkus.org (Josh Berkus) Date: Fri, 28 May 2021 09:20:07 -0700 Subject: [License-review] request for review of the 3D Slicer License In-Reply-To: References: Message-ID: On 5/28/21 6:02 AM, Lukas Atkinson wrote: > However, I don't think the Part A Contribution Agreement should be > covered by an OSI approval decision. It's an unconstrained CLA to the > benefit of a particular party, not an Open Source license to the public. > If the Contribution Agreement were part of the license, the requirement > to de-identify data could also be a field of use restriction. Agreed. Part A is a straight-up CLA, and should be separate from the software license. I really don't see how we can approve it as-is (or, for that matter, why any lawyer thought it was a good idea to have two separate documents joined at the hip this way). If Part B was separated, I don't see any problem with it. When I read clause 4, it strikes me as a disclaimer and NOT a field-of-use restriction, and disclaimers are 100% acceptable. -- Josh Berkus From tg at mirbsd.de Fri May 28 17:03:58 2021 From: tg at mirbsd.de (Thorsten Glaser) Date: Fri, 28 May 2021 17:03:58 +0000 (UTC) Subject: [License-review] request for review of the 3D Slicer License In-Reply-To: References: Message-ID: I think we *really* need to determine what is subject to OSI approval. Christopher Sean Morrison via License-review dixit: >I?m not sure what to make of Part A.6 ? that feels like a restriction Josh Berkus dixit: > Agreed. Part A is a straight-up CLA, and should be separate from the > software license. This. > If Part B was separated, I don't see any problem with it. Part B itself says it is the software licence, so if only Part B is the thing to be OSI approved, I think we?re good. It?s already somewhat marked as separate due to that? but if OSI reviews Part B, it probably needs a name if ?3D Slicer License? the name of the whole thing. (That being said, due to the legacy/n?n-reusable approval, we could probably denote ?3D Slicer License, Part B? to be the licence.) > When I read clause 4, it strikes me as a disclaimer and NOT a > field-of-use restriction, and disclaimers are 100% acceptable. Right. However, the preamble says: > Part C of this Agreement applies to all transactions with Slicer. So, is Part C part of the licence or not? Considering recipients of the software can either get it from Slicer (with Part C) or from others, under the sublicence right granted (without Part C), this can be tricky, especially since court designations have not been looked at favourably recently. (On the other hand this is for legacy n?n-reusable approval, so the point is probably minor.) bye, //mirabilos -- I believe no one can invent an algorithm. One just happens to hit upon it when God enlightens him. Or only God invents algorithms, we merely copy them. If you don't believe in God, just consider God as Nature if you won't deny existence. -- Coywolf Qi Hunt From josh at berkus.org Fri May 28 17:13:04 2021 From: josh at berkus.org (Josh Berkus) Date: Fri, 28 May 2021 10:13:04 -0700 Subject: [License-review] request for review of the 3D Slicer License In-Reply-To: References: Message-ID: <88d5ed5b-2527-8468-7a73-0d4cc3057726@berkus.org> On 5/28/21 10:03 AM, Thorsten Glaser wrote: >> If Part B was separated, I don't see any problem with it. > Part B itself says it is the software licence, so if only Part B is > the thing to be OSI approved, I think we?re good. It?s already somewhat > marked as separate due to that? but if OSI reviews Part B, it probably > needs a name if ?3D Slicer License? the name of the whole thing. (That > being said, due to the legacy/n?n-reusable approval, we could probably > denote ?3D Slicer License, Part B? to be the licence.) > I don't see how we can do that unless the Slicer project itself separates out the two documents. Any approval we grant Part B would be taken by the general public as also approving Part A. And the OSI already has precedent that we do NOT approve CLAs. I don't see the issue with Part C, though? That's just a jurisdiction statement. -- Josh Berkus From brlcad at mac.com Fri May 28 17:58:54 2021 From: brlcad at mac.com (Christopher Sean Morrison) Date: Fri, 28 May 2021 13:58:54 -0400 Subject: [License-review] request for review of the 3D Slicer License In-Reply-To: References: Message-ID: > From: Lukas Atkinson > > However, I don't think the Part A Contribution Agreement should be > covered by an OSI approval decision. It's an unconstrained CLA to the > benefit of a particular party, not an Open Source license to the public. > From: Josh Berkus > > Agreed. Part A is a straight-up CLA, and should be separate from the > software license. I really don't see how we can approve it as-is (or, > for that matter, why any lawyer thought it was a good idea to have two > separate documents joined at the hip this way). It?s worth noting that the Apache 2.0 license has very similar language with respect to Contributions and Contributors, CLA-territory language, and is nearly identical in some clauses. I get the sense this license was very much crafted in that awareness, customized successfully for their field. Having it be part of the license is not unprecedented but does appear to be potentially problematic as to how it?s been customized here. Cheers! Sean From opensource at LukasAtkinson.de Fri May 28 18:51:59 2021 From: opensource at LukasAtkinson.de (Lukas Atkinson) Date: Fri, 28 May 2021 20:51:59 +0200 Subject: [License-review] request for review of the 3D Slicer License In-Reply-To: References: Message-ID: <613feecb-652f-8dca-ebf3-b38549a834b4@LukasAtkinson.de> So I re-read Apache to see how it handles contributions and I cannot find the ?very similar language?. Describing this as mere customization trivializes the difference. For the convenience of this list, I've quoted the most relevant sections below. Apache-2.0 essentially just codifies ?inbound = outbound? licensing. An entirely reasonable thing to do. > 5. [?] any Contribution intentionally submitted for inclusion in the Work by You to the Licensor shall be under the terms and conditions of this License, without any additional terms or conditions. [?] This is quite dissimilar to Part A of the Slicer license which signs over all rights without restriction. > 4. You hereby grant to Brigham, with the right to sublicense, a perpetual, worldwide, non-exclusive, no charge, royalty-free, irrevocable license to use, reproduce, make derivative works of, display and distribute the Contribution. If your Contribution is protected by patent, you hereby grant to Brigham, with the right to sublicense, a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable license under your interest in patent rights covering the Contribution, to make, have made, use, sell and otherwise transfer your Contribution, alone or in combination with any other code. They are only similar in the sense in that contributions are discussed explicitly (which is good!). In any case, we can agree that the Slicer terms are problematic in the context of OSI approval. On 28/05/2021 19:58, Christopher Sean Morrison via License-review wrote: > >> From: Lukas Atkinson >> >> However, I don't think the Part A Contribution Agreement should be >> covered by an OSI approval decision. It's an unconstrained CLA to the >> benefit of a particular party, not an Open Source license to the public. > > >> From: Josh Berkus >> >> Agreed. Part A is a straight-up CLA, and should be separate from the >> software license. I really don't see how we can approve it as-is (or, >> for that matter, why any lawyer thought it was a good idea to have two >> separate documents joined at the hip this way). > > It?s worth noting that the Apache 2.0 license has very similar language with respect to Contributions and Contributors, CLA-territory language, and is nearly identical in some clauses. I get the sense this license was very much crafted in that awareness, customized successfully for their field. > > Having it be part of the license is not unprecedented but does appear to be potentially problematic as to how it?s been customized here. From eric at wwahammy.com Sun May 30 08:27:00 2021 From: eric at wwahammy.com (Eric Schultz) Date: Sun, 30 May 2021 03:27:00 -0500 Subject: [License-review] request for review of the 3D Slicer License In-Reply-To: References: Message-ID: Hi Steven, Thanks for submitting this. I believe like some who have responded that section B would be a more appropriate license for consideration if it were separate. In it's current state, it's a mix of a CLA and a license which doesn't really fit. That said, I don't believe that even if Section B were split out, I don't believe this is an OSD compliant license. My concerns relate to the following clause: "You further agree to use, reproduce, make derivative works of, display and distribute the Software in compliance with all applicable governmental laws, regulations and orders, including without limitation those relating to export and import control." What if I can't agree to that? What if I fully intend to use the software in a manner which is illegal? As the license also says that I need to agree to all the conditions to use the software, not agreeing to abide by the law would imply I'm in violation of the license. Could there be wiggle room there because it doesn't say that you will exclusively use the software for legal purposes? Maybe. But I really wonder if this is an unintentional trap that in some situation could put a user at some form of legal risk somewhere in the world. Even if we could prove that this will lead to zero legal risk on the part of any user, I'm not sure it's even a good idea. If this language is OSD compliant, is it OSD compliant to ask a user to agree to the inverse, i.e. to not abide by the law? Or agree use the software to uphold human rights principles? Or to not uphold human rights principles? Or what if it was something like "you agree to use this software in a way that protects children from the menace of gay people"? I don't see how one would be OSD compliant but the others aren't. If section B was pulled out, I would recommend that this clause should not be an agreement but simply inform the user that such obligations may exist. Eric On Thu, May 27, 2021, 2:11 PM Steve Pieper wrote: > Hello - > > I'm requesting a review of the 3D Slicer license for Legacy Approval as a > Non-Reusable license. > > This license was drafted in 2005 by lawyers working for Brigham and > Women's Hospital (BWH), a teaching affiliate of Harvard Medical School, to > be BSD-like but with a few extra provisions related to medical software. > It is specific to BWH so it's not directly reusable. > > It was written in part because BWH was the prime contractor on an > NIH-funded development consortium (na-mic.org) and wanted all code > contributions to be compatible with ultimate use in real-world medical > products (that is, commercial FDA-approved medical devices, which are > almost universally closed source even if they build on open software). > Compliance with the Slicer License was required for subcontractors, a group > that included General Electric and several universities (MIT, UNC...) who > all reviewed and accepted this license. > > The license has been in continuous use since 2005 on software (slicer.org) > that has been downloaded something like a million times and has been > referenced in about 12,000 academic publications ( > https://www.slicer.org/wiki/Main_Page/SlicerCommunity). Some of the code > is also now being used in several medical products, with this license > having been reviewed and accepted by the companies involved. > > Here are some of the key points that BWH included to increase their > comfort at distributing open source medical software. > > * contributors affirm that they have de-identified any patient data they > contribute > > * contributors explicitly grant royalty free rights if they contribute > code covered by a patent they control (i.e. to avoid submarine patents) and > the right to sublicense code, data, and patents > > * no GPL or other copyleft allowed because that would make the code > basically impossible to use in real medical products > > * it states that the code is "designed for research" and "CLINICAL > APPLICATIONS ARE NEITHER RECOMMENDED NOR ADVISED" just to make it extra > clear that any commercial clinical uses of the code are solely the > responsibility of the user and not BWH or the other developers. > > The full text is linked and copied below for your consideration. > > Thanks, > Steve > > https://github.com/Slicer/Slicer/blob/master/License.txt > > > For more information, please see: > > http://www.slicer.org > > The 3D Slicer license below is a BSD style license, with extensions > to cover contributions and other issues specific to 3D Slicer. > > > 3D Slicer Contribution and Software License Agreement ("Agreement") > Version 1.0 (December 20, 2005) > > This Agreement covers contributions to and downloads from the 3D > Slicer project ("Slicer") maintained by The Brigham and Women's > Hospital, Inc. ("Brigham"). Part A of this Agreement applies to > contributions of software and/or data to Slicer (including making > revisions of or additions to code and/or data already in Slicer). Part > B of this Agreement applies to downloads of software and/or data from > Slicer. Part C of this Agreement applies to all transactions with > Slicer. If you distribute Software (as defined below) downloaded from > Slicer, all of the paragraphs of Part B of this Agreement must be > included with and apply to such Software. > > Your contribution of software and/or data to Slicer (including prior > to the date of the first publication of this Agreement, each a > "Contribution") and/or downloading, copying, modifying, displaying, > distributing or use of any software and/or data from Slicer > (collectively, the "Software") constitutes acceptance of all of the > terms and conditions of this Agreement. If you do not agree to such > terms and conditions, you have no right to contribute your > Contribution, or to download, copy, modify, display, distribute or use > the Software. > > PART A. CONTRIBUTION AGREEMENT - License to Brigham with Right to > Sublicense ("Contribution Agreement"). > > 1. As used in this Contribution Agreement, "you" means the individual > contributing the Contribution to Slicer and the institution or > entity which employs or is otherwise affiliated with such > individual in connection with such Contribution. > > 2. This Contribution Agreement applies to all Contributions made to > Slicer, including without limitation Contributions made prior to > the date of first publication of this Agreement. If at any time you > make a Contribution to Slicer, you represent that (i) you are > legally authorized and entitled to make such Contribution and to > grant all licenses granted in this Contribution Agreement with > respect to such Contribution; (ii) if your Contribution includes > any patient data, all such data is de-identified in accordance with > U.S. confidentiality and security laws and requirements, including > but not limited to the Health Insurance Portability and > Accountability Act (HIPAA) and its regulations, and your disclosure > of such data for the purposes contemplated by this Agreement is > properly authorized and in compliance with all applicable laws and > regulations; and (iii) you have preserved in the Contribution all > applicable attributions, copyright notices and licenses for any > third party software or data included in the Contribution. > > 3. Except for the licenses granted in this Agreement, you reserve all > right, title and interest in your Contribution. > > 4. You hereby grant to Brigham, with the right to sublicense, a > perpetual, worldwide, non-exclusive, no charge, royalty-free, > irrevocable license to use, reproduce, make derivative works of, > display and distribute the Contribution. If your Contribution is > protected by patent, you hereby grant to Brigham, with the right to > sublicense, a perpetual, worldwide, non-exclusive, no-charge, > royalty-free, irrevocable license under your interest in patent > rights covering the Contribution, to make, have made, use, sell and > otherwise transfer your Contribution, alone or in combination with > any other code. > > 5. You acknowledge and agree that Brigham may incorporate your > Contribution into Slicer and may make Slicer available to members > of the public on an open source basis under terms substantially in > accordance with the Software License set forth in Part B of this > Agreement. You further acknowledge and agree that Brigham shall > have no liability arising in connection with claims resulting from > your breach of any of the terms of this Agreement. > > 6. YOU WARRANT THAT TO THE BEST OF YOUR KNOWLEDGE YOUR CONTRIBUTION > DOES NOT CONTAIN ANY CODE THAT REQURES OR PRESCRIBES AN "OPEN > SOURCE LICENSE" FOR DERIVATIVE WORKS (by way of non-limiting > example, the GNU General Public License or other so-called > "reciprocal" license that requires any derived work to be licensed > under the GNU General Public License or other "open source > license"). > > PART B. DOWNLOADING AGREEMENT - License from Brigham with Right to > Sublicense ("Software License"). > > 1. As used in this Software License, "you" means the individual > downloading and/or using, reproducing, modifying, displaying and/or > distributing the Software and the institution or entity which > employs or is otherwise affiliated with such individual in > connection therewith. The Brigham and Women's Hospital, > Inc. ("Brigham") hereby grants you, with right to sublicense, with > respect to Brigham's rights in the software, and data, if any, > which is the subject of this Software License (collectively, the > "Software"), a royalty-free, non-exclusive license to use, > reproduce, make derivative works of, display and distribute the > Software, provided that: > > (a) you accept and adhere to all of the terms and conditions of this > Software License; > > (b) in connection with any copy of or sublicense of all or any portion > of the Software, all of the terms and conditions in this Software > License shall appear in and shall apply to such copy and such > sublicense, including without limitation all source and executable > forms and on any user documentation, prefaced with the following > words: "All or portions of this licensed product (such portions are > the "Software") have been obtained under license from The Brigham and > Women's Hospital, Inc. and are subject to the following terms and > conditions:" > > (c) you preserve and maintain all applicable attributions, copyright > notices and licenses included in or applicable to the Software; > > (d) modified versions of the Software must be clearly identified and > marked as such, and must not be misrepresented as being the original > Software; and > > (e) you consider making, but are under no obligation to make, the > source code of any of your modifications to the Software freely > available to others on an open source basis. > > 2. The license granted in this Software License includes without > limitation the right to (i) incorporate the Software into > proprietary programs (subject to any restrictions applicable to > such programs), (ii) add your own copyright statement to your > modifications of the Software, and (iii) provide additional or > different license terms and conditions in your sublicenses of > modifications of the Software; provided that in each case your use, > reproduction or distribution of such modifications otherwise > complies with the conditions stated in this Software License. > > 3. This Software License does not grant any rights with respect to > third party software, except those rights that Brigham has been > authorized by a third party to grant to you, and accordingly you > are solely responsible for (i) obtaining any permissions from third > parties that you need to use, reproduce, make derivative works of, > display and distribute the Software, and (ii) informing your > sublicensees, including without limitation your end-users, of their > obligations to secure any such required permissions. > > 4. The Software has been designed for research purposes only and has > not been reviewed or approved by the Food and Drug Administration > or by any other agency. YOU ACKNOWLEDGE AND AGREE THAT CLINICAL > APPLICATIONS ARE NEITHER RECOMMENDED NOR ADVISED. Any > commercialization of the Software is at the sole risk of the party > or parties engaged in such commercialization. You further agree to > use, reproduce, make derivative works of, display and distribute > the Software in compliance with all applicable governmental laws, > regulations and orders, including without limitation those relating > to export and import control. > > 5. The Software is provided "AS IS" and neither Brigham nor any > contributor to the software (each a "Contributor") shall have any > obligation to provide maintenance, support, updates, enhancements > or modifications thereto. BRIGHAM AND ALL CONTRIBUTORS SPECIFICALLY > DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES OF ANY KIND INCLUDING, > BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR > A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN NO EVENT SHALL > BRIGHAM OR ANY CONTRIBUTOR BE LIABLE TO ANY PARTY FOR DIRECT, > INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES > HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY ARISING IN ANY WAY > RELATED TO THE SOFTWARE, EVEN IF BRIGHAM OR ANY CONTRIBUTOR HAS > BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM > EXTENT NOT PROHIBITED BY LAW OR REGULATION, YOU FURTHER ASSUME ALL > LIABILITY FOR YOUR USE, REPRODUCTION, MAKING OF DERIVATIVE WORKS, > DISPLAY, LICENSE OR DISTRIBUTION OF THE SOFTWARE AND AGREE TO > INDEMNIFY AND HOLD HARMLESS BRIGHAM AND ALL CONTRIBUTORS FROM AND > AGAINST ANY AND ALL CLAIMS, SUITS, ACTIONS, DEMANDS AND JUDGMENTS > ARISING THEREFROM. > > 6. None of the names, logos or trademarks of Brigham or any of > Brigham's affiliates or any of the Contributors, or any funding > agency, may be used to endorse or promote products produced in > whole or in part by operation of the Software or derived from or > based on the Software without specific prior written permission > from the applicable party. > > 7. Any use, reproduction or distribution of the Software which is not > in accordance with this Software License shall automatically revoke > all rights granted to you under this Software License and render > Paragraphs 1 and 2 of this Software License null and void. > > 8. This Software License does not grant any rights in or to any > intellectual property owned by Brigham or any Contributor except > those rights expressly granted hereunder. > > PART C. MISCELLANEOUS > > This Agreement shall be governed by and construed in accordance with > the laws of The Commonwealth of Massachusetts without regard to > principles of conflicts of law. This Agreement shall supercede and > replace any license terms that you may have agreed to previously with > respect to Slicer. > > _______________________________________________ > The opinions expressed in this email are those of the sender and not > necessarily those of the Open Source Initiative. Communication from the > Open Source Initiative will be sent from an opensource.org email address. > > License-review mailing list > License-review at lists.opensource.org > > http://lists.opensource.org/mailman/listinfo/license-review_lists.opensource.org > -------------- next part -------------- An HTML attachment was scrubbed... URL: From tg at mirbsd.de Sun May 30 21:25:55 2021 From: tg at mirbsd.de (Thorsten Glaser) Date: Sun, 30 May 2021 21:25:55 +0000 (UTC) Subject: [License-review] request for review of the 3D Slicer License In-Reply-To: References: Message-ID: Eric Schultz dixit: > the Software in compliance with all applicable governmental laws, [?] >If section B was pulled out, I would recommend that this clause should not >be an agreement but simply inform the user that such obligations may exist. Oh, good catch! IIRC we have precedence of not allowing such language considering laws differ between places and may change, and because it doesn?t belong into a licence anyway. bye, //mirabilos -- I believe no one can invent an algorithm. One just happens to hit upon it when God enlightens him. Or only God invents algorithms, we merely copy them. If you don't believe in God, just consider God as Nature if you won't deny existence. -- Coywolf Qi Hunt