BIG NOTICE: None of these licenses are official. They are all drafts.
On Sat, Nov 08, 2003 at 10:03:55AM +0000, Brian M. Carlson wrote:
> I am including the licenses inline. I will immediately follow up with
> comments, so that it is apparent which comments are mine and which are
> not.
>
> 3. Contributors and Contributions.
>
> C. A Contribution is "submitted" when any form of electronic,
> verbal, or written communication is sent to the Licensor,
> including but not limited to communication on electronic mailing
> lists, source code control systems, and issue tracking systems
> that are managed by, or on behalf of, the Licensor for the purpose
> of discussing and improving the Work, but excluding communication
> that is conspicuously marked or otherwise designated in writing by
> the Contributor as "Not a Contribution."
>
> D. Any Contribution submitted by You to the Licensor shall be
> under the terms and conditions of this License, without any
> additional terms or conditions, unless You explicitly state
> otherwise in the submission.
I'm not sure that this is even legal, at least in the US.
> 5. Reciprocity. If You institute patent litigation against a
> Contributor with respect to a patent applicable to software
> (including a cross-claim or counterclaim in a lawsuit), then any
> patent licenses granted by that Contributor to You under this
> License shall terminate as of the date such litigation is filed.
> In addition, if You institute patent litigation against any entity
> (including a cross-claim or counterclaim in a lawsuit) alleging
> that the Work itself (excluding combinations of the Work with
> other software or hardware) infringes Your patent(s), then any
> patent licenses granted to You under this License for that Work
> shall terminate as of the date such litigation is filed.
I think that we have prohibited such litigation-termination licenses as
non-free.
> 7. Redistribution with Modification. You may modify Your copy or
> copies of the Work or any portion of it, thus forming another work
> product based on the Work (a "Derivative Work"), and reproduce and
> distribute such modifications or the Derivative Work, provided
> that You also meet the following conditions:
>
> (a) You must give any other recipients of the Derivative Work a
> copy of this License along with the Derivative Work.
>
> (b) You must retain, in the source code of any Derivative Work
> that You distribute, all copyright, patent, or trademark
> notices from the source code of the Work, excluding those
> notices that only pertain to portions of the Work that have
> been excluded from the Derivative Work. If the Work includes a
> "NOTICE" file as part of its source code distribution, the
> Derivative Work must include a readable copy of the notices
> contained within that NOTICE file, excluding those notices
> that only pertain to portions of the Work that have been
> excluded from the Derivative Work, in at least one of the
> following places: within a NOTICE file distributed as part of
> the Derivative Work; within the source code or documentation,
> if provided along with the Derivative Work; or, within a
> display generated by the Derivative Work, if and wherever such
> third-party notices normally appear. You may add Your own
> notices alongside or as an addendum to the original NOTICE
> information. The contents of the NOTICE file are for
> informational purposes only and do not modify the terms and
> conditions of this License.
Others might wish to comment on this section. My problem is that if
NOTICES contains advertisement notices (like in this case), the license
is probably not GPL-compatible.
> (c) You must cause any modified files to carry prominent notices
> stating that You changed the files.
>
> You may add Your own copyright statement to such modifications and
> may provide (sublicense) additional or different license terms and
> conditions for use, reproduction, distribution or further
> modification of Your modifications, or for the Derivative Work as
> a whole, provided that the sublicense complies with the conditions
> stated in this License.
>
> 8. Redistribution with Additional Terms. You may choose to offer, and
> to charge a fee for, warranty, support, indemnity, or liability
> obligations and/or other rights consistent with the scope of the
> license granted herein ("Additional Terms"). However, You may do
> so only on Your own behalf and as Your sole responsibility, not
> on behalf of any other Contributor, and only if You agree to
> indemnify, defend, and hold every Contributor harmless for any
> liability incurred by, or claims asserted against, such
> Contributor by reason of any such Additional Terms.
Can we require that one "indemnify, defend, and hold [another]
harmless"?
>
> Apache RI License
> Version 1.0, October 2003
> http://www.apache.org/licenses/
>
>
> 1. Licensing the Work.
>
> A. These terms and conditions for use, reproduction, distribution,
> and modification (the "License") apply to any original work of
> authorship (the "Work") containing a notice placed by the
> copyright owner (the "Licensor") indicating that the Work is
> licensed under the Apache RI License, Version 1.0.
>
> B. The Work is distributed by the Licensor as a Reference
> Implementation (RI) of a current or proposed industry standard, as
> defined by one or more "Specifications" listed within the license
> notice, where each such Specification is identified by title,
> revision label (or date if no label has been assigned), and
> Uniform Resource Identifier.
>
> C. The Work may contain public class or interface declarations
> whose names begin with "java", "javax", "com.sun", or any
> recognized successors or replacements thereof (the "Restricted
> Name Space") that are restricted as per the Java Specification
> Participation Agreement between Licensor and Sun Microsystems, Inc.
This is non-free, if Sun Microsystems does not allow modification (I
don't think it does).
> 3. Contributors and Contributions.
>
> C. A Contribution is "submitted" when any form of electronic,
> verbal, or written communication is sent to the Licensor,
> including but not limited to communication on electronic mailing
> lists, source code control systems, and issue tracking systems
> that are managed by, or on behalf of, the Licensor for the purpose
> of discussing and improving the Work, but excluding communication
> that is conspicuously marked or otherwise designated in writing by
> the Contributor as "Not a Contribution."
>
> D. Any Contribution submitted by You to the Licensor shall be
> under the terms and conditions of this License, without any
> additional terms or conditions, unless You explicitly state
> otherwise in the submission.
Same problem.
> 5. Reciprocity. If You institute patent litigation against a
> Contributor with respect to a patent applicable to software
> (including a cross-claim or counterclaim in a lawsuit), then any
> patent licenses granted by that Contributor to You under this
> License shall terminate as of the date such litigation is filed.
> In addition, if You institute patent litigation against any entity
> (including a cross-claim or counterclaim in a lawsuit) alleging
> that the Work itself (excluding combinations of the Work with
> other software or hardware) infringes Your patent(s), then any
> patent licenses granted to You under this License for that Work
> shall terminate as of the date such litigation is filed.
This is still non-free.
> 7. Redistribution with Modification. You may modify Your copy or
> copies of the Work or any portion of it, thus forming another work
> product based on the Work (a "Derivative Work"), and reproduce and
> distribute such modifications or the Derivative Work, provided
> that You also meet the following conditions:
>
> (a) You must give any other recipients of the Derivative Work a
> copy of this License along with the Derivative Work.
>
> (b) You must retain, in the source code of any Derivative Work
> that You distribute, all copyright, patent, or trademark
> notices from the source code of the Work, excluding those
> notices that only pertain to portions of the Work that have
> been excluded from the Derivative Work. If the Work includes a
> "NOTICE" file as part of its source code distribution, the
> Derivative Work must include a readable copy of the notices
> contained within that NOTICE file, excluding those notices
> that only pertain to portions of the Work that have been
> excluded from the Derivative Work, in at least one of the
> following places: within a NOTICE file distributed as part of
> the Derivative Work; within the source code or documentation,
> if provided along with the Derivative Work; or, within a
> display generated by the Derivative Work, if and wherever such
> third-party notices normally appear. You may add Your own
> notices alongside or as an addendum to the original NOTICE
> information. The contents of the NOTICE file are for
> informational purposes only and do not modify the terms and
> conditions of this License.
>
> (c) You must cause any modified files to carry prominent notices
> stating that You changed the files.
>
> (d) You must do one of the following:
>
> (1) modify or remove all package, class, interface, field,
> and method declarations in the Derived Work such that no
> names within the Restricted Name Space remain in the
> Derived Work; or
>
> (2) fully implement the Specifications, or later revisions of
> those Specifications that are acknowledged by the Licensor
> as successors to the Specifications, without modifying,
> subsetting, supersetting, or otherwise extending the
> Restricted Name Space or including any public or protected
> packages, classes, Java interfaces, fields, or methods
> within the Restricted Name Space other than those
> required/authorized by the Specifications being
> implemented, and pass the Technology Compatibility Kit
> (TCK) for those Specifications; or
>
> (3) cause the Derived Work to be clearly and conspicuously
> labeled as "unfinished and subject to change",
> "alpha release", "beta release", or "for research
> purposes only", and clearly and conspicuously identify
> within the documentation and packaging of the Derived
> Work that it is not compliant with the Specifications.
This *may* just barely keep (d) from being non-free. I'm not thrilled
about this requirement, to say the least.
>
> Apache TCK License
> Version 1.0, October 2003
> http://www.apache.org/licenses/
>
> 3. Contributors and Contributions.
>
> C. A Contribution is "submitted" when any form of electronic,
> verbal, or written communication is sent to the Licensor,
> including but not limited to communication on electronic mailing
> lists, source code control systems, and issue tracking systems
> that are managed by, or on behalf of, the Licensor for the purpose
> of discussing and improving the Work, but excluding communication
> that is conspicuously marked or otherwise designated in writing by
> the Contributor as "Not a Contribution."
>
> D. Any Contribution submitted by You to the Licensor shall be
> under the terms and conditions of this License, without any
> additional terms or conditions, unless You explicitly state
> otherwise in the submission.
Again?
> 5. Reciprocity. If You institute patent litigation against a
> Contributor with respect to a patent applicable to software
> (including a cross-claim or counterclaim in a lawsuit), then any
> patent licenses granted by that Contributor to You under this
> License shall terminate as of the date such litigation is filed.
> In addition, if You institute patent litigation against any entity
> (including a cross-claim or counterclaim in a lawsuit) alleging
> that the Work itself (excluding combinations of the Work with
> other software or hardware) infringes Your patent(s), then any
> patent licenses granted to You under this License for that Work
> shall terminate as of the date such litigation is filed.
I still object to this.
> 7. Redistribution with Modification. You may modify Your copy or
> copies of the Work or any portion of it, thus forming another work
> product based on the Work (a "Derivative Work"), and reproduce and
> distribute such modifications or the Derivative Work, provided
> that You also meet the following conditions:
>
> (d) You must do one of the following:
>
> (1) remove from the Derived Work all tests that are specific
> to features of the Specification and all documentation
> describing the Specification and those specific tests; or
>
> (2) cause the Derived Work to be clearly and conspicuously
> labeled as "not the official TCK for the Specification"
> and "for research purposes only", and clearly and
> conspicuously identify within the documentation and
> packaging of the Derived Work that it is not the official
> TCK for the Specification, and further that passing the
> tests in the Derived Work does not indicate that an
> implementation has passed the TCK for the Specification.
I think this is still just barely on one side of free, and I'm not sure
which side.
> 9. Passing the TCK. You may use an unmodified, verbatim copy of the
> Work for the purposes of testing an implementation for compliance
> with the Specification; upon completion of the tests, the Work
> will inform the user whether or not the implementation tested
> has "passed the TCK". You may use a modified version of the Work
> for testing an implementation, but such a modified Work cannot
> test for compliance and does not imply the implementation has
> passed the TCK even if the implementation passes all of its tests.
Does this belong in the license?
--
Brian M. Carlson <sandals@crustytoothpaste.ath.cx> 0x560553e7
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