Re: Bug#259236: ITP: musicxml -- XML DTD and stylesheets for MusicXML
Glenn Maynard wrote:
> On Wed, Jul 14, 2004 at 10:31:06AM +0200, Roland Stigge wrote:
>> On Wed, 2004-07-14 at 10:11, Branden Robinson wrote:
>> > > * Package name : musicxml
>> > > * URL : http://musicxml.org/dtds/
>> > > * License : MusicXML Document Type Definition Public License
>> > > 1.02
>> >
>> > This license is unfamiliar to me (which may be more my problem than its
>> > :)
>> > ). It might be unfamiliar to the archive administrators as well.
>> >
>> > Would you mind sending a copy to debian-legal for analysis?
>>
>> Feel free to just read it :)
>>
>> http://musicxml.org/dtds/license.html
>
> Good practice on this list is to include the actual license text (inline
> or as an attachment). That makes it clear in the archives which license
> text is under discussion (webpages and licenses change), and makes it
> easier to quote.
>
> *** MusicXML Document Type Definition Public License Version 1.02
>
> This MusicXML work (including software, documents, or other related
> items) is being provided by the copyright holder under the following
> license.
> By obtaining, using and/or copying this work,
Ugh. Should be "Copying or distributing". Given the minimal restrictions,
I guess I'm willing to accept it as free though.
> each contributor
> and recipient (hereinafter, collectively known as "Licensee") agree that
> he/she has read, understood, and will comply with the following terms
> and conditions:
>
> A. DEFINITIONS
> "Copyright Holder" means Recordare LLC.
>
> "Contribution" means:
>
> 1. in the case of Recordare LLC, the Original Program, and
> 2. in the case of each Contributor,
> changes to the Program, and
> additions to the Program;
> where such changes and/or additions to the Program originate from and
> are distributed by that particular Contributor. A Contribution
> 'originates' from a Contributor if it was added to the Program by such
> Contributor itself or anyone acting on such Contributor's behalf.
> Contributions do not include additions to the Program which: (i) are
> separate modules of software distributed in conjunction with the Program
> under their own license agreement, and (ii) are not derivative works of
> the Program.
> "Contributor" means Recordare LLC and any other entity that distributes
> the Program.
>
> "Original Program" means the original version of the software
> accompanying this Agreement as released by Recordare LLC, including
> source code, object code and documentation, if any.
>
> "Program" means the Original Program and Contributions.
>
> "Recipient" means anyone who receives the Program under this Agreement,
> including all Contributors.
>
> B. GRANT OF RIGHTS
> Permission to use, copy, modify, and distribute this software and its
> documentation, with or without modification, for any purpose and without
> fee or royalty is hereby granted, provided that each Recipient include
> the following on ALL copies of the software and documentation or
> portions thereof, including modifications, that he/she make:
>
> 1. The full text of this License in a location viewable to users of the
> redistributed or derivative work.
>
> 2. Any pre-existing intellectual property disclaimers, notices, or terms
> and conditions. If none exist, a short notice of the following form
> (hypertext is preferred, text is permitted) should be used within the
> body of any redistributed or derivative code: "© Recordare LLC. All
> rights reserved. http://www.recordare.com";
>
> 3. Notice of any changes or modifications to the MusicXML files, including
> the date changes were made. (We recommend you provide URLs to the
> location from which the code is derived.)
>
> In addition, creators of derivative works must include the full text of
> this License in a location viewable to users of the derivative work. The
> name and trademarks of Copyright Holder may NOT be used in advertising
> or publicity pertaining to the software without specific, written prior
> permission. Title to copyright in this software and any associated
> documentation will at all times remain with copyright holder.
>
That's the end of the grant of rights. That means: it's not a copyleft!
Derivative works can be distributed under any license. Furthermore, the
requirements appear to be a subset of the GPL requirements, so it may be
GPL-compatible!
> C. NO WARRANTY
> EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS PROVIDED
> ON AN "AS IS" BASIS, AND COPYRIGHT HOLDER MAKES NO WARRANTIES OR
> CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT
> LIMITATION, ANY WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT,
> MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Each Recipient is
> solely responsible for determining the appropriateness of using and
> distributing the Program and assumes all risks associated with its
> exercise of rights under this Agreement, including but not limited to
> the risks and costs of program errors, compliance with applicable laws,
> damage to or loss of data, programs or equipment, and unavailability or
> interruption of operations.
>
> D. DISCLAIMER OF LIABILITY
> EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER COPYRIGHT
> HOLDER NOR ANY CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT,
> INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES
> (INCLUDING WITHOUT LIMITATION LOST PROFITS), HOWEVER CAUSED AND ON ANY
> THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT
> (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OR
> DISTRIBUTION OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTS GRANTED
> HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
>
> E. GENERAL
> If any provision of this Agreement is invalid or unenforceable under
> applicable law, it shall not affect the validity or enforceability of
> the remainder of the terms of this Agreement, and without further action
> by the parties hereto, such provision shall be reformed to the minimum
> extent necessary to make such provision valid and enforceable.
>
> All Recipient's rights under this Agreement shall terminate if it fails
> to comply with any of the material terms or conditions of this Agreement
> and does not cure such failure in a reasonable period of time after
> becoming aware of such noncompliance. If all Recipient's rights under
> this Agreement terminate, Recipient agrees to cease use and distribution
> of the Program as soon as reasonably practicable. However, Recipient's
> obligations under this Agreement and any licenses granted by Recipient
> relating to the Program shall continue and survive.
>
> Recordare LLC may publish new versions (including revisions) of this
> Agreement from time to time. Each new version of the Agreement will be
> given a distinguishing version number. The Program (including
> Contributions) may always be distributed subject to the version of the
> Agreement under which it was received. In addition, after a new version
> of the Agreement is published, Contributor may elect to distribute the
> Program (including its Contributions) under the new version.
OK, this might be *trying* to be a copyleft. But it still isn't. It's just
a very verbose non-copyleft.
> No one
> other than Recordare LLC has the right to modify this Agreement. Except
> as expressly stated in Section B above, Recipient receives no rights or
> licenses to the intellectual property of any Contributor under this
> Agreement, whether expressly, by implication, estoppel or otherwise. All
> rights in the Program not expressly granted under this Agreement are
> reserved.
>
> This Agreement is governed by the laws of the State of California and
> the intellectual property laws of the United States of America.
Woo-hoo, choice of law without choice of venue!
> ***
>
> Nothing stands out. (It's interesting that it gives "permission to
> modify this software, with or without modification", though. :)
Yes, it looks like a free license.
> The definition of "copyright holder" as "Recordare LLC" is strange: if
> I've modified the work, then I may be a partial copyright holder, too.
> I'm not sure that it's a problem, though.
I think it's not a problem, because the license is not a copyleft. Your
modifications will presumably be under a different license.
Perhaps it should be checked that this is actually the intent of the
copyright holder. :-)
--
There are none so blind as those who will not see.
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