Repost of the DRAFT d-l summary of the OSL v2.0
I'm reposting this as a draft (a) because it's been longer than I
planned before posting the new version, and (b) there are some changes
to this (e.g., including the fourth issue, and the way I ground the
first one) that I figured I'd give people a chance to object to. That
said, I don't expect objections, so in a couple of days I'll probably
repost as the real thing.
--- Begin DRAFT Debian-legal summary of the OSL ---
The OSL (Open Software License) v2.0 is not a DFSG free license.
- Item #5 "External Deployment" places distribution-like burdens on
deployment. E.g., when the Work is made available over a network
source must be distributed. This is a use restriction. While the
DFSG does not explicitly prohibit this, the consensus on debian-legal
is that this is non-free.
- Item #9 "Acceptance and Termination" requires the licensee to
acknowledge acceptance of the license. According to the Dissident
Test this is a significant restriction on distribution (DFSG #1).
- Item #6 "Attribution Rights" requires retention of any "Attribution
Notice," even if false. There are no restrictions on what may be
considered an attribution notice, so there are no clear limits on what
materials must be retained. This restricts modification (DFSG #3).
- #10 "Termination for Patent Action" terminates the license if you are
involved in a suit with a licensor over "a patent applicable to
software", or against anyone else over a patent relating to the Work.
This clause is much too broad, and restricts all the freedoms that the
If you want a copyleft license for your work debian-legal recommends the
Any attempt to modify the license to pass the DFSG would need to address
the four issues above.
NOTE: The above is not legal advice. If you need legal advice you
should contact an attorney.
The OSL v2.0 can be found at:
It is included in full below.
 See item 8 in the DFSG FAQ:
--- End DRAFT Debian-legal summary of the OSL ---
Open Software License
This Open Software License (the "License") applies to any original work
of authorship (the "Original Work") whose owner (the "Licensor") has
placed the following notice immediately following the copyright notice
for the Original Work: Licensed under the Open Software License version
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c) to distribute copies of the Original Work and Derivative Works to the
public, with the proviso that copies of Original Work or Derivative
Works that You distribute shall be licensed under the Open Software
d) to perform the Original Work publicly; and
e) to display the Original Work publicly.
2) Grant of Patent License. Licensor hereby grants You a world-wide,
royalty-free, non-exclusive, perpetual, sublicenseable license, under
patent claims owned or controlled by the Licensor that are embodied
in the Original Work as furnished by the Licensor, to make, use, sell
and offer for sale the Original Work and Derivative Works.
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6) Attribution Rights. You must retain, in the Source Code of any
Derivative Works that You create, all copyright, patent or trademark
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Notice reasonably calculated to inform recipients that You have
modified the Original Work.
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that the copyright in and to the Original Work and the patent rights
granted herein by Licensor are owned by the Licensor or are
sublicensed to You under the terms of this License with the
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IS" BASIS and WITHOUT WARRANTY, either express or implied, including,
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AS TO THE QUALITY OF THE ORIGINAL WORK IS WITH YOU. This DISCLAIMER
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indirect, special, incidental, or consequential damages of any
character arising as a result of this License or the use of the
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shall not apply to liability for death or personal injury resulting
from Licensor's negligence to the extent applicable law prohibits
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and limitation may not apply to You.
9) Acceptance and Termination. If You distribute copies of the Original
Work or a Derivative Work, You must make a reasonable effort under
the circumstances to obtain the express assent of recipients to the
terms of this License. Nothing else but this License (or another
written agreement between Licensor and You) grants You permission to
create Derivative Works based upon the Original Work or to exercise
any of the rights granted in Section 1 herein, and any attempt to do
so except under the terms of this License (or another written
agreement between Licensor and You) is expressly prohibited by
U.S. copyright law, the equivalent laws of other countries, and by
international treaty. Therefore, by exercising any of the rights
granted to You in Section 1 herein, You indicate Your acceptance of
this License and all of its terms and conditions. This License shall
terminate immediately and you may no longer exercise any of the
rights granted to You by this License upon Your failure to honor the
proviso in Section 1(c) herein.
10) Termination for Patent Action. This License shall terminate
automatically and You may no longer exercise any of the rights
granted to You by this License as of the date You commence an
action, including a cross-claim or counterclaim, for patent
infringement (i) against Licensor with respect to a patent
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patent applicable to the Original Work (but excluding combinations
of the Original Work with other software or hardware).
11) Jurisdiction, Venue and Governing Law. Any action or suit relating
to this License may be brought only in the courts of a jurisdiction
wherein the Licensor resides or in which Licensor conducts its
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its conflict-of-law provisions. The application of the United
Nations Convention on Contracts for the International Sale of Goods
is expressly excluded. Any use of the Original Work outside the
scope of this License or after its termination shall be subject to
the requirements and penalties of the U.S. Copyright Act, 17 U.S.C.
101 et seq., the equivalent laws of other countries, and
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or seeking damages relating thereto, the prevailing party shall be
entitled to recover its costs and expenses, including, without
limitation, reasonable attorneys' fees and costs incurred in
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This section shall survive the termination of this License.
13) 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.
14) Definition of "You" in This License. "You" throughout this License,
whether in upper or lower case, 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
that controls, is controlled by, or is under common control with
you. For purposes of this definition, "control" means (i) the
power, direct or indirect, to cause the direction or management of
such entity, whether by contract or otherwise, or (ii) ownership of
fifty percent (50%) or more of the outstanding shares, or (iii)
beneficial ownership of such entity.
15) Right to Use. You may use the Original Work in all ways not
otherwise restricted or conditioned by this License or by law, and
Licensor promises not to interfere with or be responsible for such
uses by You.
This license is Copyright (C) 2003 Lawrence E. Rosen. All rights
reserved. Permission is hereby granted to copy and distribute this
license without modification. This license may not be modified without
the express written permission of its copyright owner.
Jeremy Hankins <email@example.com>
PGP fingerprint: 748F 4D16 538E 75D6 8333 9E10 D212 B5ED 37D0 0A03