[Q] about a draft of a license
Hi.
Here is a draft of the license for the next major version of fdclone
(which is a popular console-based file manager in Japan).
I think this can be considered DSFG compatible, but I wish to know
others' opinion on this list (debian-legal).
The author and me has been discussed about the current license of
fdclone 1.x; The author wish to release his software as "free" one,
but he also wish to give some incentive for distributors to contact
him before starting to redistribute his software.
The reason why he wish to know about binary distribution, is that
many users has asked questions about his software not to their
distributors but to himself, and he feels very uncomfortable with
the case that he doesn't know at all about the binary in question.
He has experienced in past that some distributors built and distributed
the corrupted binary from his source, and users got angry with not the
distributors but him.
So the current license of his fdclone requires the contact to the author
before the redistribution of the binary unless that redistribution is
only personal (i.e. the recipient knows the re-distributor well and the
re-distributor takes care of the recipient well).
Now he considers on the DFSG, and try to make his license as DFSG
compatible while keeping his own requiremnt as much as possible.
So here is the draft for the license. Please let me know if you
find the DFSG incompatibility in this draft.
I'm not on this list, so please cc me when you comment on this.
Thanks.
(I quote the verbal text. Please let me know any typo also when
you find it in this draft. I'll contact the author.)
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[LICENSES FOR FDCLONE]
<0.INTRO>
This documentation is writen for licenses to use `FDclone'.
`FDclone' is a free software, not to restrict users to any
use. This documentation says the detail based on each cases,
including author's wishful desire.
<1.DEFINITION>
First of all, terms used in this documentation is defined
as following. In this documentation, these terms is used in
its specific meaning writen here, unless mentioned.
source
A pack of the source program. Or, a package of what
adding any documents or something else to them.
binary
An executable binary gotten with compiling a pack of
the source program. Or, a package of what adding any
documents or something else to them.
distrivute
In a broad sense, to make copies of the source or the
binary, and give out them to any persons. In a narrow
sense, to give out them to the specific persons.
circulate
A kind of distribution in a broad sense. To give out
copies to the general public, widely in the public
space.
first distribution, first circulation
distribution (or circulation) at the author's own
hand.
second distribution, second circulation
distribution (or circulation) of the first distribu-
tion or the first circulation at the hand of someone
except the author. This counting repeats as the 3rd
distribution (or the 3rd circulation), the 4th dist
ribution (or the 4th circulation) like above.
re-distribution, re-circulation
A general term for distribution (or circulation) af-
ter the first one.
adaptation
To make several change on the original source or bi-
nary.
second use
To use a part of the original source, by including
it in the other softwares.
<2.RE-DISTRIBUTION>
Re-distribution in a narrow sense of the source and binary
is permitted. You can do it freely in any purpose, profit or
not. Re-distribution after the second one is as free as this.
But, the author doesn't take any responsibility for the re-
distrubuted package. If you want any guarantees of no adapta-
tion or normal working, the very re-distributor will needs to
guarantee.
<3.RE-CIRCULATION>
Re-circulation of the source and binary is permitted. Like
re-distribution in a narrow sense, you can do it freely in
any purpose.
But, in order to take the partial responsibility for the
re-circulated package, it is established the system to regis-
ter circulation for some kind of circulations. The author
doesn't take any responsibility for the re-circulated pack-
age with no registration, like the re-distributed one.
The author takes the responsibility for the registered re-
circulation as same as the first circulation. If you don't
need this, you don't have to register circulation.
When you circulate the re-circulation already registered,
and don't make any adaptation on the package form and the
content from the registered re-circulation, the author shall
take the responsibility as same as that re-circulation.
In the case of making some adaptation on the package, at
the moment you've done, registration for distribution is
canceled. Then, the author doesn't take the responsibility,
unless circulation is registered again.
But, if the second circulator adds some licenses on the
socond circulation with registration, the licenses for dist-
ribution after the second one follow them.
If registered, the second circulator can freely set the
licenses for re-distribution after the second one, except
they break the licenses for the first circulation. So, if
you think to re-circulate the second circulation, you should
tell the second-circulator.
As far as someone registers circulation, the author will
keep out of re-distribution after the second one.
<4.AUTHER'S RESPONSIBILITY>
The author take the partial responsibility for the first
distribution and the registered re-circulation.
Specifically, replying to questions and requests from the
users, changing the program if need, and guaranteeing that
the program never include the operation against specifica-
tions to work normally.
If it doesn't work by according to specifications on each
documents, the author should accept changing.
The author doesn't take any responsibility for the re-cir-
culated packages with no registration, and never reply to
questions nor requests from the users.
If the contact from the users occurs, it is hoped that the
re-circulator accepts the contact and manage it with respon-
sibility.
Yet, the author can't indemnify for any disadvantage in use,
each users will use at their own risk.
<5.RESISTER CIRCURATION OF THE SOURCE>
The author take the partial responsibility for the circula-
tion of the source, only if the contents of its package have
no adaptation.
The package which has some adaptation on its contents, in
which the program source part has no adaptation and the adap-
tation is only the additional documents or programs, will be
treated as same as no adaptation.
In these cases, the adaptation of the package form is ig-
nored, that is the adaptation of the archiving method or the
package name.
When there is some adaptation in the program source part,
or in the files who have effect on the executable binary, e.g.
`Makefile' etc., to register circuration of the source make
the author take the partial responsibility.
You can register circuration according to the following.
<6.RESISTER CIRCULATION OF THE BINARY>
The author doesn't take any responsibility for the circula-
tion of the binary, if it is re-circulation with no registra-
tion. Even if it has no adaptation from the first circulation,
this applies too.
If you want the guarantee from the author, you need to reg-
ister circulation according to the following, whether it has
adaptation or not.
It is suggested from the author that you will do register
circulation, because the circulation of the binary is espe-
cially dengerous.
<7.ADAPTATION OF PROGRAM>
When a user make some adaptation partly on the program and
use it, if it is treated as quite different from the original
program, it is regarded as the second use, not depending on
the volume of adaptation.
The adaptation which can not be regarded as the second use
follows above rule for re-distribution. On the other hand,
the second use can be treated freely as the products of the
second author.
<8.BROADCAST THROUGH BOOKS>
It is regarded as re-circulation to broadcast through the
commercial book by the media, such as CD-ROM.
If the auther's guarantee is needed, you should register
each circulation confirming whether it is the source or bi-
nary. It is treated as same as the other re-circulation.
But, broadcasting the re-circulation already registered
doesn't need any registration again, then you should follow
the licenses by the circulator who registered circulation.
In case of not broadcasting but introducing as an article,
it has no need to register, because no guarantee nor respon-
sibility can occer. No need to contact the auther.
In the author's hope, it is preferable to contact or con-
tribute books if you broadcast or introduce.
Especially in case of the article to introduce, if you show
the copy of article in advance, the author will be able to
confirm whether it is suitable.
Who intend to broadcast is be wantted to consider.
<9.PROTOCOL TO REGISTER CIRCULATION>
If you want to register circulation, the following protocol
is authorized.
1. define the manager of circulation.
2. rewrite from `NULL' to the E-mail address of the manager
of circulation, variable `distributor' in `version.h'.
Ex.
char *distributor = "shirai@nintendo.co.jp (Takashi SHIRAI)";
3. make the differential in adaptation from the package of the
first circulation, including the additional files if exist.
4. make a circulation package.
5. run `make check' in the directory in which you extract the
source, to make the program named `checkid' (or CHECKID.EXE).
run `./checkid NAME_OF_PACKAGE_FILE' and take notes of the
displayed package ID.
6. send the registration letter to the author via E-mail, with
the differential and the package ID, and with the environ-
ment(OS, machine, etc.) in which the circulating executable
binary works in case of circulation fo the binary.
7. explain in the registration letter that you change the li-
censes of re-circulation, if need.
In the registration letter, you should better declare that
you register circulation of the source or register circulation
of the binary. You can register circulation of the source and
register circulation of the binary at once in the same regis-
tration letter.
When you register circulation of the binary on more than one
environments with the same differential, listing each environ-
ments can regard one registration as the registrations for all
environments at once.
If you are anxious about the operation in detail, please
tell the author before registration.
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--
Taketoshi Sano: <sano@debian.org>,<sano@debian.or.jp>,<kgh12351@nifty.ne.jp>
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