[License-review] [new license] Blue Oak Model License 1.0.0

[Luis Villa]

I hereby submit the Blue Oak Model License 1.0.0 for OSI’s consideration as
a new license. It is just under five years old, so not exactly “new”, but I
have been asked by a number of people in the Javascript community to submit
it, as it is used by a critical dependency and their policy requires
OSI-approved licenses.

# Describe what gap not filled by currently existing licenses that the new
license will fill.

While preparing the first version of the Blue Oak Council permissive
license list, council members (including myself and other attorneys
specialized in open source) ended up trading notes about the features of a
good permissive license. No existing license boasted all of those features,
particularly including plain language drafting and a strong patent grant,
so we wrote this one.

We wrote at more length about the license’s benefits in the initial
announcement, which I will avoid duplicating here:
https://blueoakcouncil.org/2019/03/06/model.html

# Compare it to and contrast it with the most similar OSI-approved
license(s).

We feel that the license is:

- easier to read, and more legally explicit with regards to patents and
cure provisions, than the traditional “academic” permissives like MIT
<https://spdx.org/licenses/MIT.html>, BSD
<https://spdx.org/licenses/BSD-2-Clause.html>, or ISC
<https://spdx.org/licenses/ISC.html>

- shorter (~ 1/5th as long) and more permissive than Apache 2.0
<https://spdx.org/licenses/Apache-2.0.html>
# Describe any legal review the license has been through, including whether
it was drafted by a lawyer.

The license was drafted by me and other experience open source attorneys.
It did not otherwise undergo a public vetting prior to publication.

# Affirmatively state that the license complies with the Open Source
Definition, including specifically affirming it meets OSD 3, 5, 6 and 9.

I believe that the license complies with the OSD, including 3, 5, 6, and 9.

# Identify what projects are already using the license.

This submission was prompted because the license is used in:
https://www.npmjs.com/package/path-scurry (downloaded 10 million times a
week)
https://www.npmjs.com/package/jackspeak (downloaded 9 million times a week)

Both of these are dependencies of the
https://www.npmjs.com/package/glob project
(downloaded 126 million times a week)

In turn, three of the top five packages in the OpenJS “Impact” list
(Appium, Electron, and Node.js) depend on glob. As a result, OpenJS
Foundation approached me and asked me to submit the license to OSI. (I am
doing this as a favor, and am not being compensated for my time.)

GitHub search additionally identifies about 2,000 files containing the
license string (which may or may not map to packages using the license).

# Provide the identity and contact details of the license steward, if
known, and of the submitter. The OSI will try to get in touch with the
license steward if the license submitter is not the steward.

Blue Oak Council (https://blueoakcouncil.org/about) is the steward. I, Luis
Villa, am on the board and drafting team of the Blue Oak Council, and am
serving as the contact for this submission.

# Provide any additional information that the submitter believes would be
helpful for license review. For example, approval of the license by Debian,
the FSF or the Fedora Project would be relevant to the review process.

The license is allowed by Fedora:
https://docs.fedoraproject.org/en-US/legal/allowed-licenses/

# Provide a unique name for the license, preferably including the version
number.

Blue Oak Model License 1.0.0

# If any exist, provide the unique identifier by other projects, like SPDX
or ScanCode.

The SPDX license identifier is Blue-Oak-1.0.0.
https://spdx.org/licenses/preview/BlueOak-1.0.0.html

# Identify any proposed tags for the license (when available; see below
regarding tagging).

As far as I know these are not yet available.
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# Blue Oak Model License

Version 1.0.0

## Purpose

This license gives everyone as much permission to work with
this software as possible, while protecting contributors
from liability.

## Acceptance

In order to receive this license, you must agree to its
rules.  The rules of this license are both obligations
under that agreement and conditions to your license.
You must not do anything with this software that triggers
a rule that you cannot or will not follow.

## Copyright

Each contributor licenses you to do everything with this
software that would otherwise infringe that contributor's
copyright in it.

## Notices

You must ensure that everyone who gets a copy of
any part of this software from you, with or without
changes, also gets the text of this license or a link to
<https://blueoakcouncil.org/license/1.0.0>.

## Excuse

If anyone notifies you in writing that you have not
complied with [Notices](#notices), you can keep your
license by taking all practical steps to comply within 30
days after the notice.  If you do not do so, your license
ends immediately.

## Patent

Each contributor licenses you to do everything with this
software that would otherwise infringe any patent claims
they can license or become able to license.

## Reliability

No contributor can revoke this license.

## No Liability

***As far as the law allows, this software comes as is,
without any warranty or condition, and no contributor
will be liable to anyone for any damages related to this
software or this license, under any kind of legal claim.***