Ted Guild <ted@w3.org> writes:
W3C is creating an excerpt license (current draft online [1]) and
hoping to get public review and feedback, including particularly from
the Open Source community.
The complete license is reproduced below, for easy review on
debian-legal.
One problematic part seem to be (my emphasis):
Permission to copy, to use, to create derivatives of parts of the work
(but not the entire work), or to create extended citations or
^^^^^^^^^^^^^^^^^^^^^^^^^
excerpts, without fee or royalty is hereby granted provided that the
licensee:
I think this fails DFSG#3 which requires that you can create derivative
works.
Further, this part:
The target content must not create a derivative specification.
It appears to fail DFSG#6 which requires that the license do not
discriminate against some fields of endeavor.
[Draft] W3C® Excerpt & Citation License
Status: This document was announced publicly on 4 March 2009. Please
send any comments to site-policy@w3.org by 18 March 2009.
Public documents on the W3C website that are provided under the W3C
Document License can also be used under this W3C Excerpt License. By
using and/or copying this document, or any W3C document that either
links to the then current document license or to this license, you (the
licensee) agree that you have read, understood, and will comply with
the terms and conditions that follow. For further information, please
see the Explanatory Note on the W3C® Excerpt & Citation License.
The permissions below are granted for documents in any medium that
refer to this license or to the W3C Document Licence and that have been
created for the purpose of software documentation, defined to be: any
material intended to help users understand software features or
functionalities that implement parts of a W3C specification. This
includes but is not limited to material provided in Help systems.
Permissions
Permission to copy, to use, to create derivatives of parts of the work
(but not the entire work), or to create extended citations or excerpts,
without fee or royalty is hereby granted provided that the licensee:
Attribution
* include links or URLs to the original W3C documents used on
at least one prominent place of the software documentation
* include this text at the same location:
This documentation has been created using excerpts from
one or more referenced W3C Documents. More information can be found on
the original W3C Documents. The use of citations or excerpts according
to the W3C excerpt and citation license does not create an endorsement
by W3C in any way. Legal notices and licenses from W3C are available at
http://www.w3.org/Consortium/Legal/ipr-notice.
No derivative specifications
The target content must not create a derivative specification.
Specifically, it must not:
* resemble visually the original specification;
* use the W3C logo;
* copy or mimic any 'Status of this Document' section.
* copy or mimic the head of the document until the copyright section
Disclaimer
Include the following disclaimer:
W3C DOCUMENTS ARE PROVIDED "AS IS," AND NEITHER COPYRIGHT
HOLDERS NOR W3C MAKE REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR TITLE; THAT THE CONTENTS
OF THE DOCUMENT ARE SUITABLE FOR ANY PURPOSE; NOR THAT THE
IMPLEMENTATION OF SUCH CONTENTS WILL NOT INFRINGE ANY THIRD PARTY
PATENTS, COPYRIGHTS, TRADEMARKS OR OTHER RIGHTS.
NEITHER W3C NOR COPYRIGHT HOLDERS OF THE INITIAL DOCUMENTS WILL
BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES
ARISING OUT OF ANY USE OF THE DOCUMENT CITED OR USED OR THE PERFORMANCE
OR IMPLEMENTATION OF THE CONTENTS THEREOF.
Other Rights
No further right to create modifications or derivatives of W3C
documents is granted pursuant to this license subject to the following
exceptions:
* If additional requirements (documented in the Copyright FAQ) are
satisfied, the right to create modifications or derivatives is
sometimes granted by the W3C to individuals complying with those
requirements.
The name and trademarks of NEITHER W3C NOR of the copyright holders may
be used in advertising or publicity pertaining to this document or its
contents without specific, written prior permission. Title to copyright
in this document and in the documents that link to this license will at
all times remain with W3C and the copyright holders.