[License-review] Berkeley Artistic V4
Pamela Chestek
pamela.chestek at opensource.org
Thu Oct 3 16:31:45 UTC 2024
Hi Lucy,
Can you resubmit the license following the process described on this
page, in particular the section titled "How to submit a request":
https://opensource.org/licenses/review-process
We won't consider the license submitted for approval until we have the
information requested.
I also flag that the sentence "You may not charge a fee for this
Software itself" is generally considered a violation of OSD5, "No
Discrimination Against Persons or Groups," and/or OSD6, "No
Discrimination Against Fields of Endeavor," because it discriminates
against those who want to charge for the software.
Thanks,
Pam
Pamela S. Chestek
Chair, Licensing Committee
Open Source Initiative
On 10/2/2024 1:33 PM, Lucy Brown via License-review wrote:
> This is the 4th version of the Berkeley Artistic license I have
> written. The following text is a template of the license.
>
> The Berkeley Artistic License
> I: Metadata
> Project:(project name here)
> Project Developer:(developer or team name here)
> Original Project Name: (This and the following line may be deleted if
> not applicable,
> these are both used to ascribe an origin point)
> Original Project Developer: (This and the previous line may be deleted
> if not applicable,
> these are both used to ascribe an origin point)
> Contributors: (list of contributors and contributions separated by
> semicolons, IE: prior Original Project Developer (prior Original
> Project Name); Original Project Developer (Original Project name); etc)
>
> II: Definitions
> Standard Version: The project which is the basis for modified
> versions, also known as upstream.
> Modified Versions: versions of the source code distributed by the
> project that have been modified, which can be distributed as
> executables, downstream.
> The Software refers to the project, which is a collection of files
> distributed by the Project Developer, the "Standard Version", and
> derivatives of that collection of files created through modification
> of the source code, the "Modified Version".
>
> III: License Terms
> 1. You may make and give away verbatim copies of the source form of
> the Standard Version of this Software without restriction, provided
> that you duplicate all of the original copyright notices, this
> license, and associated disclaimers.
>
> 2. You may apply bug fixes, portability fixes and other modifications
> from the Project Developer or other developers (including yourself) to
> enable this software to work with modern tools, new hardware, new
> operating systems, etc. A Software modified in such a way may still be
> considered the Standard Version.
>
> 3. You may otherwise modify your copy of this Software in any way,
> provided that your modifications use this same license or do not
> distribute the resulting code.
>
> 4. You may choose to add your name to the contributors list, to allow
> the Copyright Holder to credit you for your modifications in the
> Standard Version of the Software.
>
> 5. You may distribute your modified copy of this Software in
> executable form, provided that you make it clear that your
> distribution of this code is modified, provide a copy of this license,
> and provide a method to obtain both the source of the Standard Version
> and the source of your Modified Version.
> You must also modify your license to point to this project as the
> origin point, labeling your modified version as a the project, and
> moving any prior origin point to be the primary Contributor.
>
> 6. You may charge a reasonable copying fee for any distribution of
> this Software on physical media. You may charge any fee you choose for
> support of this Software. You may not charge a fee for this Software
> itself. However, you may distribute this Software in aggregate with
> other (possibly commercial) programs as part of a larger (possibly
> commercial) software distribution provided that you do not advertise
> the Standard Version of this Software as a product of your own.
>
> 7. Neither the name of the project nor the name, username, handle,
> etc, of the project developer may be used to endorse or promote
> products derived from this software without specific prior written
> permission.
>
> 8. THE SOFTWARE IS PROVIDED "AS IS" AND THE AUTHOR DISCLAIMS ALL
> WARRANTIES WITH REGARD TO THIS SOFTWARE INCLUDING ALL IMPLIED
> WARRANTIES OF MERCHANTABILITY AND FITNESS. IN NO EVENT SHALL THE
> AUTHOR BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, OR CONSEQUENTIAL
> DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR
> PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER
> TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR
> PERFORMANCE OF THIS SOFTWARE.
>
>
>
> _______________________________________________
> 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.
>
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