On Thu, Sep 08, 2005 at 03:55:56PM +0200, Dalibor Topic wrote: > The discussions on > CDDL in 2005-01 seem to have petered out inconclusively. Let's do something about this. At the same time, I'd like to experiment with an idea I've been toying with for a slightly more (informally) directed approach to license analysis, that should prove harder to derail with long pointless tangents and more immune to revisionism by the hecklers. So, I'm throwing out a call for comments on the CDDL. Forget the last time we went through it and start over (or dig through it if you want and summarise interesting stuff here). Go over it with a fine tooth comb, find anything that you think is or might be objectionable, and reply to this mail with something vaguely resembling a bulleted list of points. For each, highlight the offending clause and the reason why it sucks. Please be careful to note the distinction between 'is' and 'might be', and for the latter, explain the conditions that would make it suck. (This is a minimally more structured variation on our normal dogpile strategy; the interesting part comes next. It's easier for me to demonstrate than to explain). [License follows as inline MIME foo] -- .''`. ** Debian GNU/Linux ** | Andrew Suffield : :' : http://www.debian.org/ | `. `' | `- -><- |
******** CCOOMMMMOONN DDEEVVEELLOOPPMMEENNTT AANNDD DDIISSTTRRIIBBUUTTIIOONN LLIICCEENNSSEE ((CCDDDDLL))
VVeerrssiioonn 11..00 ********
* 11.. DDeeffiinniittiioonnss..
o 11..11.. ""CCoonnttrriibbuuttoorr"" means each individual or entity that creates or
contributes to the creation of Modifications.
o 11..22.. ""CCoonnttrriibbuuttoorr VVeerrssiioonn"" means the combination of the Original
Software, prior Modifications used by a Contributor (if any), and
the Modifications made by that particular Contributor.
o 11..33.. ""CCoovveerreedd SSooffttwwaarree"" means (a) the Original Software, or (b)
Modifications, or (c) the combination of files containing Original
Software with files containing Modifications, in each case
including portions thereof.
o 11..44.. ""EExxeeccuuttaabbllee"" means the Covered Software in any form other than
Source Code.
o 11..55.. ""IInniittiiaall DDeevveellooppeerr"" means the individual or entity that first
makes Original Software available under this License.
o 11..66.. ""LLaarrggeerr WWoorrkk"" means a work which combines Covered Software or
portions thereof with code not governed by the terms of this
License.
o 11..77.. ""LLiicceennssee"" means this document.
o 11..88.. ""LLiicceennssaabbllee"" means having the right to grant, to the maximum
extent possible, whether at the time of the initial grant or
subsequently acquired, any and all of the rights conveyed herein.
o 11..99.. ""MMooddiiffiiccaattiioonnss"" means the Source Code and Executable form of
any of the following:
# AA.. Any file that results from an addition to, deletion from
or modification of the contents of a file containing Original
Software or previous Modifications;
# BB.. Any new file that contains any part of the Original
Software or previous Modification; or
# CC.. Any new file that is contributed or otherwise made
available under the terms of this License.
o 11..1100.. ""OOrriiggiinnaall SSooffttwwaarree"" means the Source Code and Executable form
of computer software code that is originally released under this
License.
o 11..1111.. ""PPaatteenntt CCllaaiimmss"" means any patent claim(s), now owned or
hereafter acquired, including without limitation, method, process,
and apparatus claims, in any patent Licensable by grantor.
o 11..1122.. ""SSoouurrccee CCooddee"" means (a) the common form of computer software
code in which modifications are made and (b) associated
documentation included in or with such code.
o 11..1133.. ""YYoouu"" ((oorr ""YYoouurr"")) means an individual or a legal entity
exercising rights under, and complying with all of the terms of,
this 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.
* 22.. LLiicceennssee GGrraannttss..
o 22..11.. TThhee IInniittiiaall DDeevveellooppeerr GGrraanntt..
Conditioned upon Your compliance with Section 3.1 below and subject
to third party intellectual property claims, the Initial Developer
hereby grants You a world-wide, royalty-free, non-exclusive
license:
# ((aa)) under intellectual property rights (other than patent or
trademark) Licensable by Initial Developer, to use,
reproduce, modify, display, perform, sublicense and
distribute the Original Software (or portions thereof), with
or without Modifications, and/or as part of a Larger Work;
and
# ((bb)) under Patent Claims infringed by the making, using or
selling of Original Software, to make, have made, use,
practice, sell, and offer for sale, and/or otherwise dispose
of the Original Software (or portions thereof).
# ((cc)) The licenses granted in Sections 2.1(a) and (b) are
effective on the date Initial Developer first distributes or
otherwise makes the Original Software available to a third
party under the terms of this License.
# ((dd)) Notwithstanding Section 2.1(b) above, no patent license
is granted: (1) for code that You delete from the Original
Software, or (2) for infringements caused by: (i) the
modification of the Original Software, or (ii) the
combination of the Original Software with other software or
devices.
o 22..22.. CCoonnttrriibbuuttoorr GGrraanntt..
Conditioned upon Your compliance with Section 3.1 below and subject
to third party intellectual property claims, each Contributor
hereby grants You a world-wide, royalty-free, non-exclusive
license:
# ((aa)) under intellectual property rights (other than patent or
trademark) Licensable by Contributor to use, reproduce,
modify, display, perform, sublicense and distribute the
Modifications created by such Contributor (or portions
thereof), either on an unmodified basis, with other
Modifications, as Covered Software and/or as part of a Larger
Work; and
# ((bb)) under Patent Claims infringed by the making, using, or
selling of Modifications made by that Contributor either
alone and/or in combination with its Contributor Version (or
portions of such combination), to make, use, sell, offer for
sale, have made, and/or otherwise dispose of:
(1) Modifications made by that Contributor (or portions
thereof); and (2) the combination of Modifications made by
that Contributor with its Contributor Version (or portions of
such combination).
# ((cc)) The licenses granted in Sections 2.2(a) and 2.2(b) are
effective on the date Contributor first distributes or
otherwise makes the Modifications available to a third party.
# ((dd)) Notwithstanding Section 2.2(b) above, no patent license
is granted: (1) for any code that Contributor has deleted
from the Contributor Version; (2) for infringements caused
by: (i) third party modifications of Contributor Version, or
(ii) the combination of Modifications made by that
Contributor with other software (except as part of the
Contributor Version) or other devices; or (3) under Patent
Claims infringed by Covered Software in the absence of
Modifications made by that Contributor.
* 33.. DDiissttrriibbuuttiioonn OObblliiggaattiioonnss..
o 33..11.. AAvvaaiillaabbiilliittyy ooff SSoouurrccee CCooddee..
Any Covered Software that You distribute or otherwise make
available in Executable form must also be made available in Source
Code form and that Source Code form must be distributed only under
the terms of this License. You must include a copy of this License
with every copy of the Source Code form of the Covered Software You
distribute or otherwise make available. You must inform recipients
of any such Covered Software in Executable form as to how they can
obtain such Covered Software in Source Code form in a reasonable
manner on or through a medium customarily used for software
exchange.
o 33..22.. MMooddiiffiiccaattiioonnss..
The Modifications that You create or to which You contribute are
governed by the terms of this License. You represent that You
believe Your Modifications are Your original creation(s) and/or You
have sufficient rights to grant the rights conveyed by this
License.
o 33..33.. RReeqquuiirreedd NNoottiicceess..
You must include a notice in each of Your Modifications that
identifies You as the Contributor of the Modification. You may not
remove or alter any copyright, patent or trademark notices
contained within the Covered Software, or any notices of licensing
or any descriptive text giving attribution to any Contributor or
the Initial Developer.
o 33..44.. AApppplliiccaattiioonn ooff AAddddiittiioonnaall TTeerrmmss..
You may not offer or impose any terms on any Covered Software in
Source Code form that alters or restricts the applicable version of
this License or the recipients' rights hereunder. You may choose to
offer, and to charge a fee for, warranty, support, indemnity or
liability obligations to one or more recipients of Covered
Software. However, you may do so only on Your own behalf, and not
on behalf of the Initial Developer or any Contributor. You must
make it absolutely clear that any such warranty, support, indemnity
or liability obligation is offered by You alone, and You hereby
agree to indemnify the Initial Developer and every Contributor for
any liability incurred by the Initial Developer or such Contributor
as a result of warranty, support, indemnity or liability terms You
offer.
o 33..55.. DDiissttrriibbuuttiioonn ooff EExxeeccuuttaabbllee VVeerrssiioonnss..
You may distribute the Executable form of the Covered Software
under the terms of this License or under the terms of a license of
Your choice, which may contain terms different from this License,
provided that You are in compliance with the terms of this License
and that the license for the Executable form does not attempt to
limit or alter the recipient's rights in the Source Code form from
the rights set forth in this License. If You distribute the Covered
Software in Executable form under a different license, You must
make it absolutely clear that any terms which differ from this
License are offered by You alone, not by the Initial Developer or
Contributor. You hereby agree to indemnify the Initial Developer
and every Contributor for any liability incurred by the Initial
Developer or such Contributor as a result of any such terms You
offer.
o 33..66.. LLaarrggeerr WWoorrkkss..
You may create a Larger Work by combining Covered Software with
other code 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 Covered
Software.
* 44.. VVeerrssiioonnss ooff tthhee LLiicceennssee..
o 44..11.. NNeeww VVeerrssiioonnss..
Sun Microsystems, Inc. is the initial license steward and may
publish revised and/or new versions of this License from time to
time. Each version will be given a distinguishing version number.
Except as provided in Section 4.3, no one other than the license
steward has the right to modify this License.
o 44..22.. EEffffeecctt ooff NNeeww VVeerrssiioonnss..
You may always continue to use, distribute or otherwise make the
Covered Software available under the terms of the version of the
License under which You originally received the Covered Software.
If the Initial Developer includes a notice in the Original Software
prohibiting it from being distributed or otherwise made available
under any subsequent version of the License, You must distribute
and make the Covered Software available under the terms of the
version of the License under which You originally received the
Covered Software. Otherwise, You may also choose to use, distribute
or otherwise make the Covered Software available under the terms of
any subsequent version of the License published by the license
steward.
o 44..33.. MMooddiiffiieedd VVeerrssiioonnss..
When You are an Initial Developer and You want to create a new
license for Your Original Software, You may create and use a
modified version of this License if You: (a) rename the license and
remove any references to the name of the license steward (except to
note that the license differs from this License); and (b) otherwise
make it clear that the license contains terms which differ from
this License.
* 55.. DDIISSCCLLAAIIMMEERR OOFF WWAARRRRAANNTTYY..
COVERED SOFTWARE 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 COVERED SOFTWARE IS FREE OF
DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING.
THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE COVERED SOFTWARE
IS WITH YOU. SHOULD ANY COVERED SOFTWARE PROVE DEFECTIVE IN ANY RESPECT,
YOU (NOT THE INITIAL DEVELOPER 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
COVERED SOFTWARE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
* 66.. TTEERRMMIINNAATTIIOONN..
o 66..11.. 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.
Provisions which, by their nature, must remain in effect beyond the
termination of this License shall survive.
o 66..22.. If You assert a patent infringement claim (excluding
declaratory judgment actions) against Initial Developer or a
Contributor (the Initial Developer or Contributor against whom You
assert such claim is referred to as "Participant") alleging that
the Participant Software (meaning the Contributor Version where the
Participant is a Contributor or the Original Software where the
Participant is the Initial Developer) directly or indirectly
infringes any patent, then any and all rights granted directly or
indirectly to You by such Participant, the Initial Developer (if
the Initial Developer is not the Participant) and all Contributors
under Sections 2.1 and/or 2.2 of this License shall, upon 60 days
notice from Participant terminate prospectively and automatically
at the expiration of such 60 day notice period, unless if within
such 60 day period You withdraw Your claim with respect to the
Participant Software against such Participant either unilaterally
or pursuant to a written agreement with Participant.
o 66..33.. In the event of termination under Sections 6.1 or 6.2 above,
all end user licenses that have been validly granted by You or any
distributor hereunder prior to termination (excluding licenses
granted to You by any distributor) shall survive termination.
* 77.. LLIIMMIITTAATTIIOONN OOFF LLIIAABBIILLIITTYY..
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING
NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE INITIAL DEVELOPER,
ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED SOFTWARE, OR ANY
SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO ANY PERSON FOR ANY
INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER
INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF
GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL
OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN
INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY
SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM
SUCH PARTY'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH
LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION
OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION
MAY NOT APPLY TO YOU.
* 88.. UU..SS.. GGOOVVEERRNNMMEENNTT EENNDD UUSSEERRSS..
The Covered Software is a "commercial item," as that term is defined in
48 C.F.R. 2.101 (Oct. 1995), consisting of "commercial computer software"
(as that term is defined at 48 C.F.R. ? 252.227-7014(a)(1)) and
"commercial computer software documentation" as such terms are used in
48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48
C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all U.S. Government End
Users acquire Covered Software with only those rights set forth herein.
This U.S. Government Rights clause is in lieu of, and supersedes, any
other FAR, DFAR, or other clause or provision that addresses Government
rights in computer software under this License.
* 99.. MMIISSCCEELLLLAANNEEOOUUSS..
This License represents the complete agreement concerning 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 the law of the
jurisdiction specified in a notice contained within the Original Software
(except to the extent applicable law, if any, provides otherwise),
excluding such jurisdiction's conflict-of-law provisions. Any litigation
relating to this License shall be subject to the jurisdiction of the
courts located in the jurisdiction and venue specified in a notice
contained within the Original Software, with the losing party 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. You agree that You alone are responsible for compliance with the
United States export administration regulations (and the export control
laws and regulation of any other countries) when You use, distribute or
otherwise make available any Covered Software.
* 1100.. RREESSPPOONNSSIIBBIILLIITTYY FFOORR CCLLAAIIMMSS..
As between Initial Developer and the Contributors, each party is
responsible for claims and damages arising, directly or indirectly, out
of its utilization of rights under this License and You agree to work
with Initial Developer and Contributors to distribute such responsibility
on an equitable basis. Nothing herein is intended or shall be deemed to
constitute any admission of liability.
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