Re: BitTorrent Open Source License (Proposed Changes)
Francesco Poli <frx <at> winstonsmith.info> writes:
> I've just re-read the relevant threads, and I do not agree that the two
> above mentioned clauses are the only issues.
[...]
> Consequently, the issues to be solved are, at least,
> . one in clause 4b
> . one in 4c
> . _two_ in 13
Okay, I have reworked the language again in order to handle these three issues
instead of the two.
ORIGINAL Clause 4b-c:
b. Availability of Source Code. You must make available, under the terms
of this License, the Source Code of the Licensed Product and any Modifications
that you distribute, either on the same media as you distribute any executable
or other form of the Licensed Product, or via a mechanism generally accepted in
the software development community for the electronic transfer of data (an
"Electronic Distribution Mechanism"). The Source Code for any version of
Licensed Product or Modifications that you distribute must remain available for
at least twelve (12) months after the date it initially became available, or at
least six (6) months after a subsequent version of said Licensed Product or
Modifications has been made available. You are responsible for ensuring that
the Source Code version remains available even if the Electronic Distribution
Mechanism is maintained by a third party.
c. Intellectual Property Matters.
i. Third Party Claims. If you have
knowledge that a license to a third party's intellectual property right is
required to exercise the rights granted by this License, you must include a
text file with the Source Code distribution titled "LEGAL" that describes the
claim and the party making the claim in sufficient detail that a recipient will
know whom to contact. If you obtain such knowledge after you make any
Modifications available as described in Section 4(b), you shall promptly modify
the LEGAL file in all copies you make available thereafter and shall take other
steps (such as notifying appropriate mailing lists or newsgroups) reasonably
calculated to inform those who received the Licensed Product from you that new
knowledge has been obtained.
ii. Contributor APIs. If your
Modifications include an application programming interface ("API") and you have
knowledge of patent licenses that are reasonably necessary to implement that
API, you must also include this information in the LEGAL file.
iii. Representations. You represent
that, except as disclosed pursuant to 4(c)(i) above, you believe that any
Modifications you distribute are your original creations and that you have
sufficient rights to grant the rights conveyed by this License.
MODIFIED Clause 4b-c:
b. Availability of Source Code. You must make available, under
the terms of this License, the Source Code of the Licensed Product and
any Modifications that you distribute, either on the same media as you
distribute any executable or other form of the Licensed Product, or
via a mechanism generally accepted in the software development
community for the electronic transfer of data (an "Electronic
Distribution Mechanism"). The Source Code for any version of Licensed
Product or Modifications that you distribute must remain available for
as long as any executable or other form of the Licensed Product that
you distribute. You are responsible for ensuring that the Source Code
version remains available even if the Electronic Distribution
Mechanism is maintained by a third party.
c. Intellectual Property Matters.
i. Third Party Claims. If you have
knowledge that a license to a third party's intellectual property right is
required to exercise the rights granted by this License, you must include a
text file with the Source Code distribution clearly identifiable that describes
the claim and the party making the claim in sufficient detail that a recipient
will know whom to contact. If you obtain such knowledge after you make any
Modifications available as described in Section 4(b), you shall promptly modify
the notice file in all copies you make available thereafter and shall take other
steps (such as notifying appropriate mailing lists or newsgroups) reasonably
calculated to inform those who received the Licensed Product from you that new
knowledge has been obtained.
ii. Contributor APIs. If your
Modifications include an application programming interface ("API") and you have
knowledge of patent licenses that are reasonably necessary to implement that
API, you must also include this information in the notice file.
iii. Representations. You represent
that, except as disclosed pursuant to 4(c)(i) above, you believe that any
Modifications you distribute are your original creations and that you have
sufficient rights to grant the rights conveyed by this License.
ORIGINAL Clause 13:
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. This License
shall be governed by California law provisions (except to the extent
applicable law, if any, provides otherwise), excluding its
conflict-of-law provisions. You expressly agree that any litigation
relating to this license shall be subject to the jurisdiction of the
Federal Courts of the Northern District of California or the Superior
Court of the County of Santa Clara, California (as appropriate),
with venue lying in Santa Clara County, California, with the losing party
responsible for costs including, without limitation, court costs and
reasonable attorneys fees and expenses. The application of the United
Nations Convention on Contracts for the International Sale of Goods is
expressly excluded. You and Licensor expressly waive any rights to a
jury trial in any litigation concerning Licensed Product or this
License. Any law or regulation that provides that the language of a
contract shall be construed against the drafter shall not apply to
this License.
MODIFIED Clause 13:
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. This License
shall be governed by California law provisions (except to the extent
applicable law, if any, provides otherwise), excluding its
conflict-of-law provisions. You expressly agree that any litigation
relating to this license shall be subject to the jurisdiction of the
Federal Courts of the Northern District of California or the Superior
Court of the County of Santa Clara, California (as appropriate), with
the losing party responsible for costs including, without limitation, court
costs and reasonable attorneys fees and expenses. The application of the United
Nations Convention on Contracts for the International Sale of Goods is expressly
excluded. Any law or regulation that provides that the language of a contract
shall be construed against the drafter shall not apply to this License.
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