Academic Free License 2.1 -- free or not?
Dear -legal friends,
The FIGlet people are considering changing the license of the entire
distribution from Artistic to the AFL 2.1. I've found some bits of the
license rather strange -- too many talk about patents and
jurisdictions -- but it might just be me.
Here's Robert Millan's ("nyu") take on it:
<nyu> section 5 is fun
<nyu> no explicit permission to distribute for a fee
<nyu> section 9 might violate the dissident test
<nyu> section 10 and 11 sound really weird. i can't give advice on
<nyu> claviola: I suggest you contact debian-legal (the mailing list)
for an in-depth analisys
... Which I'm doing now.
Thanks in advance for taking the time to help me determine the
freeness of this license.
I would also like to know if anyone here has a canonical URL for the
definitions of the dissident test, the dictator test, etc.
-- LICENSE TEXT FOLLOWS --
The Academic Free License
This Academic Free 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 Academic Free License version 2.1
1) Grant of Copyright License. Licensor hereby grants You a
world-wide, royalty-free, non-exclusive, perpetual, sublicenseable
license to do the following:
a) to reproduce the Original Work in copies;
b) to prepare derivative works ("Derivative Works") based upon the
c) to distribute copies of the Original Work and Derivative Works to the public;
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.
3) Grant of Source Code License. The term "Source Code" means the
preferred form of the Original Work for making modifications to it and
all available documentation describing how to modify the Original
Work. Licensor hereby agrees to provide a machine-readable copy of the
Source Code of the Original Work along with each copy of the Original
Work that Licensor distributes. Licensor reserves the right to satisfy
this obligation by placing a machine-readable copy of the Source Code
in an information repository reasonably calculated to permit
inexpensive and convenient access by You for as long as Licensor
continues to distribute the Original Work, and by publishing the
address of that information repository in a notice immediately
following the copyright notice that applies to the Original Work.
4) Exclusions From License Grant. Neither the names of Licensor, nor
the names of any contributors to the Original Work, nor any of their
trademarks or service marks, may be used to endorse or promote
products derived from this Original Work without express prior written
permission of the Licensor. Nothing in this License shall be deemed to
grant any rights to trademarks, copyrights, patents, trade secrets or
any other intellectual property of Licensor except as expressly stated
herein. No patent license is granted to make, use, sell or offer to
sell embodiments of any patent claims other than the licensed claims
defined in Section 2. No right is granted to the trademarks of
Licensor even if such marks are included in the Original Work. Nothing
in this License shall be interpreted to prohibit Licensor from
licensing under different terms from this License any Original Work
that Licensor otherwise would have a right to license.
5) This section intentionally omitted.
6) Attribution Rights. You must retain, in the Source Code of any
Derivative Works that You create, all copyright, patent or trademark
notices from the Source Code of the Original Work, as well as any
notices of licensing and any descriptive text identified therein as an
"Attribution Notice." You must cause the Source Code for any
Derivative Works that You create to carry a prominent Attribution
Notice reasonably calculated to inform recipients that You have
modified the Original Work.
7) Warranty of Provenance and Disclaimer of Warranty. Licensor
warrants 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 permission
of the contributor(s) of those copyrights and patent rights. Except as
expressly stated in the immediately proceeding sentence, the Original
Work is provided under this License on an "AS IS" BASIS and WITHOUT
WARRANTY, either express or implied, including, without limitation,
the warranties of NON-INFRINGEMENT, MERCHANTABILITY or FITNESS FOR A
PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY OF THE ORIGINAL
WORK IS WITH YOU. This DISCLAIMER OF WARRANTY constitutes an essential
part of this License. No license to Original Work is granted hereunder
except under this disclaimer.
8) Limitation of Liability. Under no circumstances and under no legal
theory, whether in tort (including negligence), contract, or
otherwise, shall the Licensor be liable to any person for any direct,
indirect, special, incidental, or consequential damages of any
character arising as a result of this License or the use of the
Original Work including, without limitation, damages for loss of
goodwill, work stoppage, computer failure or malfunction, or any and
all other commercial damages or losses. This limitation of liability
shall not apply to liability for death or personal injury resulting
from Licensor'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.
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.
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, against Licensor or any
licensee alleging that the Original Work infringes a patent. This
termination provision shall not apply for an action alleging patent
infringement by combinations of the Original Work with other software
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 primary
business, and under the laws of that jurisdiction excluding 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. Â§ 101
et seq., the equivalent laws of other countries, and international
treaty. This section shall survive the termination of this License.
12) Attorneys Fees. In any action to enforce the terms of this License
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
connection with such action, including any appeal of such action. 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) 2003-2004 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.
-- EOL --