Re: W3C FSA (Final Specification Agreement)
Thorsten Glaser <email@example.com> writes:
> Please keep me in Cc as I’m not subscribed to the list.
Done, but if you want to continue this discussion please do subscribe so
you don't miss messages.
> I don’t think this has been covered yet, and, while I don’t have
> immediate need for this, it awoke my curiosity.
Is there a specific Debian package (or ITP report) for this work?
> From https://github.com/w3c/musicxml/issues/114 I see that the
> latest version of the MusicXML standard is published under the
> W3C FSA
To allow the archives to retain the context for the discussion, and
because the same URL can often lead to a different text at a later date,
we prefer to have the text being discussed reproduced verbatim:
> “The FSA Deed is available at:
W3C Community Final Specification Agreement (FSA) Deed
Each Community and Business Group Final Specification includes this
Copyright © [YEAR(S)] the Contributors to the [Name/Version
Information] Specification, published by the W3C [Name of
Community/Business Group] under the W3C Community Final
Specification Agreement (FSA). A human-readable summary is
Note for Editors: For markup boilerplate, please see the Report
Summary of Key License Terms
The W3C Community Final Specification Agreement (FSA) expresses the full
agreement between the parties that signed the agreement (“I” in the
license agreement) and you (“you” in the license agreement). The
following is a handy, human-readable expression of key terms of the FSA.
This summary is not the actual agreement. This summary has no legal
value or effect and its contents do not appear in the actual agreement.
What Signers Give under the Final Specification Agreement (FSA)
Under the FSA, signers give everyone:
Copyright – a royalty-free license to use the copyrights for the
entire Specification; see section 2 of the agreement.
Patent – a commitment to license on a royalty-free basis their
essential patent claims reading on the entire Specification; see
section 3 and 10 of the agreement as well as section 7 regarding
transition to the W3C Recomendation Track.
What the Community Gets
The community is free to:
Share – copy and distribute the Specification.
Modify the Specification – make new versions of the Specification.
If you make new versions of the Specification you must include
attribution to the original Specification (but not in any way that
suggests that they endorse you or your use of the work).
Implement the Specification – secure the royalty-free rights from
signers necessary to implement the specification.
Use of Trademark
See section 4 of the agreement.
Representations, Warranties and Disclaimers
See section 9 of the agreement.
> “The FSA agreement itself is at:
W3C Community Final Specification Agreement
To secure commitments from participants for the full text of a Community
or Business Group Report, the group may call for voluntary commitments
to the following terms; a summary is available. See also the related W3C
Community Contributor License Agreement.
1. The Purpose of this Agreement.
This Agreement sets forth the terms under which I make certain
copyright and patent rights available to you for your implementation
of the Specification. Any other capitalized terms not specifically
defined herein have the same meaning as those terms have in the W3C
Patent Policy, and if not defined there, in the W3C Process
2.1. Copyright Grant. I grant to you a perpetual (for the
duration of the applicable copyright), worldwide, non-exclusive,
no-charge, royalty-free, copyright license, without any
obligation for accounting to me, to reproduce, prepare
derivative works of, publicly display, publicly perform,
sublicense, distribute, and implement the Specification to the
full extent of my copyright interest in the Specification.
2.2. Attribution. As a condition of the copyright grant, you
must include an attribution to the Specification in any
derivative work you make based on the Specification. That
attribution must include, at minimum, the Specification name and
3.1. Patent Licensing Commitment. I agree to license my
Essential Claims under the W3C Community RF Licensing
Requirements. This requirement includes Essential Claims that I
own and any that I have the right to license without obligation
of payment or other consideration to an unrelated third party.
W3C Community RF Licensing Requirements obligations made
concerning the Specification and described in this policy are
binding on me for the life of the patents in question and
encumber the patents containing Essential Claims, regardless of
changes in participation status or W3C Membership. I also agree
to license my Essential Claims under the W3C Community RF
Licensing Requirements in derivative works of the Specification
so long as all normative portions of the Specification are
maintained and that this licensing commitment does not extend to
any portion of the derivative work that was not included in the
3.2. Optional, Additional Patent Grant. In addition to the
provisions of Section 3.1, I may also, at my option, make
certain intellectual property rights infringed by
implementations of the Specification, including Essential
Claims, available by providing those terms via the W3C Web site.
4. No Other Rights. Except as specifically set forth in this
Agreement, no other express or implied patent, trademark, copyright,
or other property rights are granted under this Agreement, including
by implication, waiver, or estoppel.
5. Antitrust Compliance. I acknowledge that I may compete with other
participants, that I am under no obligation to implement the
Specification, that each participant is free to develop competing
technologies and standards, and that each party is free to license
its patent rights to third parties, including for the purpose of
enabling competing technologies and standards.
6. Non-Circumvention. I agree that I will not intentionally take or
willfully assist any third party to take any action for the purpose
of circumventing my obligations under this Agreement.
7. Transition to W3C Recommendation Track. The Specification
developed by the Project may transition to the W3C Recommendation
Track. The W3C Team is responsible for notifying me that a
Corresponding Working Group has been chartered. I have no obligation
to join the Corresponding Working Group. If the Specification
developed by the Project transitions to the W3C Recommendation
Track, the following terms apply:
7.1. If I join the Corresponding Working Group. If I join the
Corresponding Working Group, I will be subject to all W3C rules,
obligations, licensing commitments, and policies that govern
that Corresponding Working Group.
7.2. If I Do Not Join the Corresponding Working Group.
7.2.1. Licensing Obligations to Resulting Specification. If
I do not join the Corresponding Working Group, I agree to
offer patent licenses according to the W3C Royalty-Free
licensing requirements described in Section 5 of the W3C
Patent Policy for the portions of the Specification included
in the resulting Recommendation. This licensing commitment
does not extend to any portion of an implementation of the
Recommendation that was not included in the Specification.
This licensing commitment may not be revoked but may be
modified through the exclusion process defined in Section 4
of the W3C Patent Policy. I am not required to join the
Corresponding Working Group to exclude patents from the W3C
Royalty-Free licensing commitment, but must otherwise follow
the normal exclusion procedures defined by the W3C Patent
Policy. The W3C Team will notify me of any Call for
Exclusion in the Corresponding Working Group as set forth in
Section 4.5 of the W3C Patent Policy.
7.2.2. No Disclosure Obligation. If I do not join the
Corresponding Working Group, I have no patent disclosure
obligations outside of those set forth in Section 6 of the
W3C Patent Policy.
8. Conflict of Interest. I will disclose significant relationships
when those relationships might reasonably be perceived as creating a
conflict of interest with my role. I will notify W3C of any change
in my affiliation using W3C-provided mechanisms.
9. Representations, Warranties and Disclaimers. I represent and
warrant that I am legally entitled to grant the rights and promises
set forth in this Agreement. IN ALL OTHER RESPECTS THE SPECIFICATION
IS PROVIDED “AS IS.” The entire risk as to implementing or otherwise
using the Specification is assumed by the implementer and user.
Except as stated herein, I expressly disclaim any warranties
(express, implied, or otherwise), including implied warranties of
merchantability, non-infringement, fitness for a particular purpose,
or title, related to the Specification. IN NO EVENT WILL ANY PARTY
BE LIABLE TO ANY OTHER PARTY FOR LOST PROFITS OR ANY FORM OF
INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY
CHARACTER FROM ANY CAUSES OF ACTION OF ANY KIND WITH RESPECT TO THIS
AGREEMENT, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING
NEGLIGENCE), OR OTHERWISE, AND WHETHER OR NOT THE OTHER PARTY HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. All of my
obligations under Section 3 regarding the transfer, successors in
interest, or assignment of Granted Claims will be satisfied if I
notify the transferee or assignee of any patent that I know contains
Granted Claims of the obligations under Section 3. Nothing in this
Agreement requires me to undertake a patent search.
10.1. Agreement. “Agreement” means this W3C Community Final
10.2. Corresponding Working Group. “Corresponding Working Group”
is a W3C Working Group that is chartered to develop a
Recommendation, as defined in the W3C Process Document, that
takes the Specification as an input.
10.3. Essential Claims. “Essential Claims” shall mean all claims
in any patent or patent application in any jurisdiction in the
world that would necessarily be infringed by implementation of
the Specification. A claim is necessarily infringed hereunder
only when it is not possible to avoid infringing it because
there is no non-infringing alternative for implementing the
normative portions of the Specification. Existence of a
non-infringing alternative shall be judged based on the state of
the art at the time of the publication of the Specification. The
following are expressly excluded from and shall not be deemed to
constitute Essential Claims:
10.3.1. any claims other than as set forth above even if
contained in the same patent as Essential Claims; and
10.3.2. claims which would be infringed only by:
portions of an implementation that are not specified in
the normative portions of the Specification, or
enabling technologies that may be necessary to make or
use any product or portion thereof that complies with
the Specification and are not themselves expressly set
forth in the Specification (e.g., semiconductor
manufacturing technology, compiler technology,
object-oriented technology, basic operating system
technology, and the like); or
the implementation of technology developed elsewhere and
merely incorporated by reference in the body of the
10.3.3. design patents and design registrations.
For purposes of this definition, the normative portions of the
Specification shall be deemed to include only architectural and
interoperability requirements. Optional features in the RFC 2119
sense are considered normative unless they are specifically
identified as informative. Implementation examples or any other
material that merely illustrate the requirements of the
Specification are informative, rather than normative.
10.4. I, Me, or My. “I,” “me,” or “my” refers to the signatory.
10.5 Project. “Project” means the W3C Community Group or
Business Group for which I executed this Agreement.
10.6. Specification. “Specification” means the Specification
identified by the Project as the target of this agreement in a
call for Final Specification Commitments. W3C shall provide the
authoritative mechanisms for the identification of this
10.7. W3C Community RF Licensing Requirements. “W3C Community RF
Licensing Requirements” license shall mean a non-assignable,
non-sublicensable license to make, have made, use, sell, have
sold, offer to sell, import, and distribute and dispose of
implementations of the Specification that:
10.7.1. shall be available to all, worldwide, whether or not
they are W3C Members;
10.7.2. shall extend to all Essential Claims owned or
controlled by me;
10.7.3. may be limited to implementations of the
Specification, and to what is required by the Specification;
10.7.4. may be conditioned on a grant of a reciprocal RF
license (as defined in this policy) to all Essential Claims
owned or controlled by the licensee. A reciprocal license
may be required to be available to all, and a reciprocal
license may itself be conditioned on a further reciprocal
license from all.
10.7.5. may not be conditioned on payment of royalties, fees
or other consideration;
10.7.6. may be suspended with respect to any licensee when
licensor issued by licensee for infringement of claims
essential to implement the Specification or any W3C
10.7.7. may not impose any further conditions or
restrictions on the use of any technology, intellectual
property rights, or other restrictions on behavior of the
licensee, but may include reasonable, customary terms
relating to operation or maintenance of the license
relationship such as the following: choice of law and
10.7.8. shall not be considered accepted by an implementer
who manifests an intent not to accept the terms of the W3C
Community RF Licensing Requirements license as offered by
10.7.9. The RF license conforming to the requirements in
this policy shall be made available by the licensor as long
as the Specification is in effect. The term of such license
shall be for the life of the patents in question.
I am encouraged to provide a contact from which licensing
information can be obtained and other relevant licensing
information. Any such information will be made publicly
10.8. You or Your. “You,” “you,” or “your” means any person or
entity who exercises copyright or patent rights granted under
this Agreement, and any person that person or entity controls.
> Is this acceptable for Debian?
Debian doesn't consist of licenses; it consists of software works under
specific grants of license. So it matters what specific grant the Debian
Project is being asked to accept.
Are you proposing a Debian package of the MusicXML standard? Or some
other work? Where is the text granting specific license in that work?
\ “Our urge to trust our senses overpowers what our measuring |
`\ devices tell us about the actual nature of reality.” —Ann |
_o__) Druyan, _Cosmos_, 2014 |
Ben Finney <firstname.lastname@example.org>