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OGC work, license conditions (was: Establishing dialogue between the Debian project and OGC regarding Document & Software Notice terms)



Sebastiaan Couwenberg <sebastic@xs4all.nl> writes:

> A recurring problem with geospatial software in the Free Software
> community and Debian in particular has been the terms of the OGC
> Document Notice and Software Notice licenses.

What works are being considered for entry to Debian? What exact grant of
license does the copyright holder of those works make to recipients, and
where is that text granting explicit permission under particular license
conditions?


For context in this discussion, I had to go searching for the current
license conditions to which you're referring.

I think you mean the license conditions available currently at
<URL:http://www.opengeospatial.org/ogc/document> and at
<URL:http://www.opengeospatial.org/ogc/software>.


As of 2015-12-07, <URL:http://www.opengeospatial.org/ogc/document> gives
this text:

    Document Notice

    Public documents on the OGC site are provided by the copyright holders
    under the following license. The software or Document Type Definitions
    (DTDs) associated with OGC specifications are governed by the Software
    Notice. By using and/or copying this document, or the OGC document from
    which this statement is linked, you (the licensee) agree that you have
    read, understood, and will comply with the following terms and
    conditions:

    Permission to use, copy, and distribute the contents of this document,
    or the OGC document from which this statement is linked, in any medium
    for any purpose and without fee or royalty is hereby granted, provided
    that you include the following on ALL copies of the document, or
    portions thereof, that you use:

        1.  Include a link or URL to the original OGC document.
        2.  The pre-existing copyright notice of the original author, or if it
            doesn't exist, a notice of the form: "Copyright © <date-of-document>
            Open Geospatial Consortium, Inc. All Rights Reserved.
            http://www.opengeospatial.org/ogc/document (Hypertext is preferred,
            but a textual representation is permitted.)
        3.  If it exists, the STATUS of the OGC document.

    When space permits, inclusion of the full text of this NOTICE should be
    provided. We request that authorship attribution be provided in any
    software, documents, or other items or products that you create pursuant
    to the implementation of the contents of this document, or any portion
    thereof.

    No right to create modifications or derivatives of OGC documents is
    granted pursuant to this license. However, if additional requirements
    (documented in the Copyright FAQ) are satisfied, the right to create
    modifications or derivatives is sometimes granted by the OGC to
    individuals complying with those requirements.

    THIS DOCUMENT IS PROVIDED "AS IS," AND COPYRIGHT HOLDERS MAKE NO
    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

    COPYRIGHT HOLDERS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL
    OR CONSEQUENTIAL DAMAGES ARISING OUT OF ANY USE OF THE DOCUMENT OR THE
    PERFORMANCE OR IMPLEMENTATION OF THE CONTENTS THEREOF.

    The name and trademarks of copyright holders may NOT be used in
    advertising or publicity pertaining to this document or its contents
    without specific, written prior permission. Title to copyright in this
    document will at all times remain with copyright holders.



As of 2015-12-07, <URL:http://www.opengeospatial.org/ogc/software> gives
this text:

    Software Notice

    Back to OGC copyright notice.

    This OGC work (including software, documents, or other related items) is
    being provided by the copyright holders under the following license. By
    obtaining, using and/or copying this work, you (the licensee) agree that
    you have read, understood, and will comply with the following terms and
    conditions:

    Permission to use, copy, and modify this software and its documentation,
    with or without modification, for any purpose and without fee or royalty
    is hereby granted, provided that you include the following on ALL copies
    of the software and documentation or portions thereof, including
    modifications, that you make:

        1.  The full text of this NOTICE 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: "Copyright
            © [$date-of-document] Open Geospatial Consortium, Inc. All Rights
            Reserved. http://www.opengeospatial.org/ogc/legal (Hypertext is
            preferred, but a textual representation is permitted.)
        3.  Notice of any changes or modifications to the OGC files, including
            the date changes were made. (We recommend you provide URIs to the
            location from which the code is derived.)

    THIS SOFTWARE AND DOCUMENTATION IS PROVIDED "AS IS," AND COPYRIGHT
    HOLDERS MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED,
    INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS
    FOR ANY PARTICULAR PURPOSE OR THAT THE USE OF THE SOFTWARE OR
    DOCUMENTATION WILL NOT INFRINGE ANY THIRD PARTY PATENTS, COPYRIGHTS,
    TRADEMARKS OR OTHER RIGHTS.

    COPYRIGHT HOLDERS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL
    OR CONSEQUENTIAL DAMAGES ARISING OUT OF ANY USE OF THE SOFTWARE OR
    DOCUMENTATION.

    The name and trademarks of copyright holders 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
    holders.


-- 
 \     “When people believe that they have absolute knowledge, with no |
  `\     test in reality, this [the Auschwitz crematorium] is how they |
_o__)             behave.” —Jacob Bronowski, _The Ascent of Man_, 1973 |
Ben Finney


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