Opinion on the PDL ?
Hello,
I was hoping I could get an opinion on the free/non-free status of Sun's
Public Documentation License (I include it below). Here are two concerns:
* Section 3.3 says:
All Documentation to which You contribute must identify the changes
You made to create that Documentation and the date of any change. You
must include a prominent statement that the Modification is derived,
directly or indirectly, from Original Documentation provided by the
Initial Writer and include the name of the Initial Writer in the
Documentation or via an electronic link that describes the origin or
ownership of the Documentation.
* Section 3.5 says:
You must duplicate the notice in the Appendix in each file of the
Documentation... You must also duplicate this License in any
Documentation file
* Section 3.5 also has an indemnification clause. I don't fully
understand it.
I would appreciate hearing your take on this license. Here is the complete
license:
PUBLIC DOCUMENTATION LICENSE
Version 1.0
1.0 DEFINITIONS.
1.1. "Commercial Use" means distribution or otherwise making the
Documentation available to a third party.
1.2. "Contributor" means a person or entity who creates or contributes to
the creation of Modifications.
1.3. "Documentation" means the Original Documentation or Modifications or
the combination of the Original Documentation and Modifications, in each
case including portions thereof.
1.4. "Electronic Distribution Mechanism" means a mechanism generally
accepted for the electronic transfer of data.
1.5. "Initial Writer" means the individual or entity identified as the
Initial Writer in the notice required by the Appendix.
1.6. "Larger Work" means a work which combines Documentation or portions
thereof with documentation or other writings not governed by the terms of
this License.
1.7. "License" means this document.
1.8. "Modifications" means any addition to or deletion from the substance
or structure of either the Original Documentation or any previous
Modifications, such as a translation, abridgment, condensation, or any
other form in which the Original Documentation or previous Modifications
may be recast, transformed or adapted. A work consisting of editorial
revisions, annotations, elaborations, and other modifications which, as a
whole represent an original work of authorship, is a Modification. For
example, when Documentation is released as a series of documents, a
Modification is:
A. Any addition to or deletion from the contents of the Original
Documentation or previous Modifications.
B. Any new documentation that contains any part of the Original
Documentation or previous Modifications.
1.9. "Original Documentation" means documentation described as Original
Documentation in the notice required by the Appendix, and which, at the
time of its release under this License is not already Documentation
governed by this License.
1.10. "Editable Form" means the preferred form of the Documentation for
making Modifications to it. The Documentation can be in an electronic,
compressed or archival form, provided the appropriate decompression or
de-archiving software is widely available for no charge.
1.11. "You" (or "Your") means an individual or a legal entity exercising
rights under, and complying with all of the terms of this License or a
future version of this License issued under Section 5.0 ("Versions of the
License"). For legal entities, "You" includes any entity which controls,
is controlled by, or is under common control with You. For purposes of
this definition, "control" means (a) the power, direct or indirect, to
cause the direction or management of such entity, whether by contract or
otherwise, or (b) ownership of more than fifty percent (50%) of the
outstanding shares or beneficial ownership of such entity.
2.0 LICENSE GRANTS.
2.1 Initial Writer Grant.
The Initial Writer hereby grants You a world-wide, royalty-free,
non-exclusive license to use, reproduce, prepare Modifications of,
compile, publicly perform, publicly display, demonstrate, market, disclose
and distribute the Documentation in any form, on any media or via any
Electronic Distribution Mechanism or other method now known or later
discovered, and to sublicense the foregoing rights to third parties
through multiple tiers of sublicensees in accordance with the terms of
this License.
The license rights granted in this Section 2.1 ("Initial Writer Grant")
are effective on the date Initial Writer first distributes Original
Documentation under the terms of this License.
2.2. Contributor Grant.
Each Contributor hereby grants You a world-wide, royalty-free,
non-exclusive license to use, reproduce, prepare Modifications of,
compile, publicly perform, publicly display, demonstrate, market, disclose
and distribute the Documentation in any form, on any media or via any
Electronic Distribution Mechanism or other method now known or later
discovered, and to sublicense the foregoing rights to third parties
through multiple tiers of sublicensees in accordance with the terms of
this License.
The license rights granted in this Section 2.2 ("Contributor Grant") are
effective on the date Contributor first makes Commercial Use of the
Documentation.
3.0 DISTRIBUTION OBLIGATIONS
3.1. Application of License
The Modifications which You create or to which You contribute are governed
by the terms of this License, including without limitation Section 2.2
("Contributor Grant"). The Documentation may be distributed only under the
terms of this License or a future version of this License released in
accordance with Section 5.0 ("Versions of the License"), and You must
include a copy of this License with every copy of the Documentation You
distribute. You may not offer or impose any terms that alter or restrict
the applicable version of this License or the recipients' rights
hereunder. However, You may include an additional document offering the
additional rights described in Section 3.5 ("Required Notices").
3.2. Availability of Documentation.
Any Modification which You create or to which You contribute must be made
available publicly in Editable Form under the terms of this License via a
fixed medium or an accepted Electronic Distribution Mechanism.
3.3. Description of Modifications.
All Documentation to which You contribute must identify the changes You
made to create that Documentation and the date of any change. You must
include a prominent statement that the Modification is derived, directly
or indirectly, from Original Documentation provided by the Initial Writer
and include the name of the Initial Writer in the Documentation or via an
electronic link that describes the origin or ownership of the
Documentation. The foregoing change documentation may be created by using
an electronic program that automatically tracks changes to the
Documentation, and such changes must be available publicly for at least
five years following release of the changed Documentation.
3.4. Intellectual Property Matters.
Contributor represents that Contributor believes that Contributor's
Modifications are Contributor's original creation(s) and/or Contributor
has sufficient rights to grant the rights conveyed by this License.
3.5. Required Notices.
You must duplicate the notice in the Appendix in each file of the
Documentation. If it is not possible to put such notice in a particular
Documentation file due to its structure, then You must include such notice
in a location (such as a relevant directory) where a reader would be
likely to look for such a notice, for example, via a hyperlink in each
file of the Documentation that takes the reader to a page that describes
the origin and ownership of the Documentation. If You created one or more
Modification(s) You may add your name as a Contributor to the notice
described in the Appendix.
You must also duplicate this License in any Documentation file (or with a
hyperlink in each file of the Documentation) where You describe
recipients' rights or ownership rights.
You may choose to offer, and to charge a fee for, warranty, support,
indemnity or liability obligations to one or more recipients of
Documentation. However, You may do so only on Your own behalf, and not on
behalf of the Initial Writer or any Contributor. You must make it
absolutely clear than any such warranty, support, indemnity or liability
obligation is offered by You alone, and You hereby agree to indemnify the
Initial Writer and every Contributor for any liability incurred by the
Initial Writer or such Contributor as a result of warranty, support,
indemnity or liability terms You offer.
3.6. Larger Works.
You may create a Larger Work by combining Documentation with other
documents not governed by the terms of this License and distribute the
Larger Work as a single product. In such a case, You must make sure the
requirements of this License are fulfilled for the Documentation.
4.0 APPLICATION OF THIS LICENSE.
This License applies to Documentation to which the Initial Writer has
attached this License and the notice in the Appendix.
5.0 VERSIONS OF THE LICENSE.
5.1. New Versions.
Initial Writer may publish revised and/or new versions of the License from
time to time. Each version will be given a distinguishing version number.
5.2. Effect of New Versions.
Once Documentation has been published under a particular version of the
License, You may always continue to use it under the terms of that
version. You may also choose to use such Documentation under the terms of
any subsequent version of the License published by
__________________[Insert name of the foundation, company, Initial Writer,
or whoever may modify this License]. No one other than _________________
[Insert name of the foundation, company, Initial Writer, or whoever may
modify this License] has the right to modify the terms of this License.
Filling in the name of the Initial Writer, Original Documentation or
Contributor in the notice described in the Appendix shall not be deemed to
be Modifications of this License.
6.0 DISCLAIMER OF WARRANTY.
DOCUMENTATION IS PROVIDED UNDER THIS LICENSE ON AN "AS IS'' BASIS, WITHOUT
WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT
LIMITATION, WARRANTIES THAT THE DOCUMENTATION IS FREE OF DEFECTS,
MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. THE ENTIRE
RISK AS TO THE QUALITY, ACCURACY, AND PERFORMANCE OF THE DOCUMENTATION IS
WITH YOU. SHOULD ANY DOCUMENTATION PROVE DEFECTIVE IN ANY RESPECT, YOU
(NOT THE INITIAL WRITER OR ANY OTHER CONTRIBUTOR) ASSUME THE COST OF ANY
NECESSARY SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER OF WARRANTY
CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF ANY DOCUMENTATION
IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
7.0 TERMINATION.
This License and the rights granted hereunder will terminate automatically
if You fail to comply with terms herein and fail to cure such breach
within 30 days of becoming aware of the breach. All sublicenses to the
Documentation which are properly granted shall survive any termination of
this License. Provisions which, by their nature, must remain in effect
beyond the termination of this License shall survive.
8.0 LIMITATION OF LIABILITY.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER IN TORT
(INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL THE INITIAL WRITER,
ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF DOCUMENTATION, OR ANY
SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO ANY PERSON FOR ANY DIRECT,
INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER
INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK
STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER DAMAGES OR
LOSSES ARISING OUT OF OR RELATING TO THE USE OF THE DOCUMENTATION, EVEN IF
SUCH PARTY SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.
9.0 U.S. GOVERNMENT END USERS.
If Documentation is being acquired by or on behalf of the U.S. Government
or by a U.S. Government prime contractor or subcontractor (at any tier),
then the Government's rights in Documentation will be only as set forth in
this Agreement; this is in accordance with 48 CFR 227.7201 through
227.7202-4 (for Department of Defense (DOD) acquisitions) and with 48 CFR
2.101 and 12.212 (for non-DOD acquisitions).
10.0 MISCELLANEOUS.
This License represents the complete agreement concerning the subject
matter hereof. If any provision of this License is held to be
unenforceable, such provision shall be reformed only to the extent
necessary to make it enforceable. This License shall be governed by
California law, excluding its conflict-of-law provisions. With respect to
disputes or any litigation relating to this License, the losing party is
responsible for costs, including without limitation, court costs and
reasonable attorneys' fees and expenses. The application of the United
Nations Convention on Contracts for the International Sale of Goods is
expressly excluded. Any law or regulation which provides that the language
of a contract shall be construed against the drafter shall not apply to
this License.
Appendix
Public Documentation License Notice
The contents of this Documentation are subject to the Public Documentation
License Version 1.0 (the "License"); you may only use this Documentation
if you comply with the terms of this License. A copy of the License is
available at __________________[Insert hyperlink].
The Original Documentation is _________________. The Initial Writer of the
Original Documentation is ___________ Copyright (C)_________[Insert
year(s)]. All Rights Reserved. (Initial Writer
contact(s):________________[Insert hyperlink/alias]).
Contributor(s): ______________________________________.
Portions created by ______ are Copyright (C)_________[Insert year(s)]. All
Rights Reserved. (Contributor contact(s):________________[Insert
hyperlink/alias]).
NOTE: The text of this Appendix may differ slightly from the text of the
notices in the files of the Original Documentation. You should use the
text of this Appendix rather than the text found in the Original
Documentation for Your Modifications.
Cheers,
--
Daniel Carrera | I don't want it perfect,
Join OOoAuthors today! | I want it Tuesday.
http://oooauthors.org |
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