[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.
>
>
>
> _______________________________________________
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