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Proposal for the Lachesis Open License as a Framework for Software Freedom




Dear Debian Foundation,

I hope this message finds you well. I am writing to share insights regarding the Lachesis Open License, a framework I developed that aims to enhance the freedoms associated with software usage and distribution, particularly in contexts that the GPL may not fully address.

First and foremost, I want to express my sincere gratitude for the invaluable work the Debian Foundation does in promoting and supporting free software. I understand that you are all incredibly busy, and your commitment to fostering an open-source ecosystem is truly commendable.

The Lachesis Open License is inspired by the spirit of collaboration and innovation that defines the open-source community. It aims to ensure that software remains free—allowing for its use, modification, and redistribution—while also addressing certain gaps in existing licenses, notably in relation to the freedoms associated with contributions and compatibility with previous projects.

One of the core principles of the Lachesis License is the encouragement of contributions from any derivative work, fostering a collaborative environment that honors prior licenses. Unlike the GPL, which can pose challenges in terms of re-licensing contributions back to original projects, the Lachesis License explicitly allows for the integration of contributions from various forks. This clarity ensures that contributors can confidently share their enhancements without the fear of losing the ability to contribute back to their original projects.

For instance, under the Lachesis License, a developer who forks a project can freely incorporate modifications and later contribute those improvements back to the original repository without the restrictions typically imposed by the GPL. In contrast, the GPL's terms can create ambiguity around re-licensing, often complicating the process of merging enhancements from forks back into the main project.

Moreover, I believe it is crucial to emphasize that the Lachesis License provides freedoms that are not fully encapsulated by the GPL. It ensures that projects can retain their original licensing terms without imposing undue restrictions that can stifle innovation and collaboration. The freedom to modify and relicense under compatible terms is integral to a thriving software ecosystem and ultimately promotes a broader culture of openness.

I understand the Debian Foundation’s stance on preferring to support existing free licenses, and I appreciate the commitment to maintaining a high standard for software freedom. However, I respectfully propose that the Lachesis License deserves consideration as it aligns not only with the Debian Free Software Guidelines but also expands upon them, enhancing opportunities for cooperation among developers while upholding strong copyleft principles.

The Lachesis License guarantees that all modifications are accessible to the community and fosters a responsible approach to user data, emphasizing privacy and consent. These additional layers of consideration reflect a modern interpretation of software freedom that can further encourage collaboration without compromising individual freedoms.

I hope you can see the merit in fostering a broader array of licenses that promote software freedom. A license like Lachesis could serve as a valuable tool for developers seeking a robust framework for collaboration, innovation, and the retention of freedoms for their work and contributions.

Thank you once again for your dedication and hard work. I am eager to engage in further discussions about how we can collectively advance the principles of software freedom and ensure that our community remains vibrant and collaborative.

Warm regards,

Giuseppe Santarsiero


Il 11 ott 2024 19:43, Francesco Poli <invernomuto@paranoici.org> ha scritto:

On Fri, 11 Oct 2024 15:06:15 +0200 Marc Haber wrote:

> On Fri, Oct 11, 2024 at 07:40:09AM +0200, Michael Stehmann wrote:
> > Please do not develop new Free Software lincences.
> >
> > We still have more than 140.
> >
> > We need perhaps 3 to 5.
> >
> > Compliance checks are difficult enough now!
> >
> > So please do not develop new Free Software lincences!
>
> This. Absolutely.
>
> Please do not develop new Free Software lincences.

Indeed.

Dear Giuseppe,
please do everything in your power to avoid inventing a new license!

If you want to release software under copyleft terms, please, please,
please use the GNU GPL license.

If you prefer to release software under non-copyleft permissive terms,
please use the [Expat] license.

[Expat]: <https://directory.fsf.org/wiki/License:Expat>

The circumstances where you really need some other license are very
uncommon.

Even more exceptional are the circumstances where you really have no
better options than writing your own custom license...
You'll have to present a really solid case to persuade most
debian-legal regulars that a new custom license is the best way forward.


To conclude: we need more Free Software, more Free Software
developers/maintainers, more Debian contributors, more time to devote
to Free Software, but, no, we definitely do _not_ need more Free
Software licenses!


--
http://www.inventati.org/frx/
There's not a second to spare! To the laboratory!
..................................................... Francesco Poli .
GnuPG key fpr == CA01 1147 9CD2 EFDF FB82  3925 3E1C 27E1 1F69 BFFE



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## Lachesis Open License

### Preamble
This license, called the **Lachesis Open License** (hereinafter "License"), is drafted in accordance with best legal practices and is inspired by the Greek myth of the Moirai, who weave the thread of life, symbolizing continuity and transformation. The purpose of this License is to ensure maximum freedom to use, modify, and distribute the software, promoting collaboration and innovation within the open-source community.

Software released under this License is considered free according to the four freedoms defined by Richard Stallman:
1. The freedom to run the program for any purpose.
2. The freedom to study how the program works and change it to make it do what you wish.
3. The freedom to redistribute copies to help others.
4. The freedom to improve the program and release your improvements to the public, so that the whole community can benefit.

We also add some of our own freedoms that motivate us to create this License:
- The freedom to contribute to previous projects.
- The freedom to modify the License, provided that all other freedoms of free software are respected.
- The freedom to change the license of the software, as long as it allows use according to the same freedoms.
- The freedom to make modifications available directly to those who use the software as a service.

### Definitions
- **Software**: Any computer program released under this License, including source code and derivative works.
- **Inbound License**: A license is considered "inbound" when the software released under that license is incorporated into a project released under the Lachesis License.
- **Outbound License**: A license is considered "outbound" when the software released under the Lachesis License is released under another license.
- **Derivative Work**: A derivative work includes, but is not limited to, modifications, adaptations, enhancements, or altered versions of the original Software, as well as forks of the Software.

### Conditions

**Clause 1: Distribution of Source Code**
Anyone distributing the Software or derivative works, in any version, must provide access to the complete source code, in a usable form, along with a visible copy of this License.

**Clause 2: Distribution of Derivative Works**
Any derivative work of this Software, regardless of the method of distribution (download, streaming, hosting on remote servers, or any other form of public availability), must provide access to the complete source code.

**Clause 3: Freedom to Modify**
The licensee is free to modify the source code and distribute derivative works. However, if the licensee distributes such derivative works, they are required to make available the complete source code of those modifications, in a usable form, along with a visible copy of this License, in accordance with Clause 1. Contributions to the original project are encouraged.

**Clause 4: License Compatibility**
The licensee is free to release derivative works under any license, provided that such license:
- Guarantees the distribution of the source code in a usable form.
- Allows the modification of the source code: it must not impose restrictions on modifying the source code.
- Ensures the freedom of distribution: derivative works must be freely distributable, without commercial or technical restrictions.
- Preserves users' freedoms: the chosen license must guarantee users the same freedoms to use, modify, and distribute granted by this License.
- Retroactive Contributions: Any contribution made to the Software or derivative works can be reported under the same License used for the part of the Software to which the contribution was added. Alternatively, it can be released under a compatible license, provided that such license guarantees the same freedoms to use, modify, and distribute as the original license of the part of the Software to which the contribution was added.
- **Ensures Copyleft**: Derivative works must maintain the freedoms granted by the Lachesis Open License without the obligation to release under the same License, while still ensuring the preservation of freedoms to use, modify, and distribute.

**Clause 5: Modernity**
Licensees are strongly encouraged to adopt new standards and cutting-edge technologies and to make them available for previous versions of the Software whenever possible.

**Clause 6: Reunification of Contributions**
Any contribution made to a fork or derivative of the Software can be reincorporated into the forked project, provided that such contributions are released under the same License as the part of the Software from which the contribution was added or under a compatible license. All contributions reported in previously forked code can be reported under the original license.

**Clause 7: License Compatibility**
- **Compatible Inbound Licenses**: The following licenses are considered compatible: MIT, BSD (in all its variants), WTFPL, Apache, and any permissive license that does not require the release of the code under its own terms, as well as any license that respects the points in Clause 4, including this Lachesis License. Software released under any of these licenses can be incorporated into Software released under the Lachesis License and benefit from Clause 6, allowing the use of contributions made in various forks.
- **Compatible Outbound Licenses**: All licenses that respect the points in Clause 4 are considered compatible.

**Clause 8: User Responsibility**
Users who choose to release derivative works are responsible for ensuring that they comply with the terms of the chosen license. However, they are not required to notify the original authors unless they choose to do so voluntarily. This includes understanding the implications of the selected licenses and ensuring that any modifications or uses do not violate the freedoms and rights guaranteed by this License.

**Clause 9: Non-Discrimination**
No part of this License shall discriminate against any person or group of persons, nor against any field of endeavor. The License shall be applied without prejudice regarding race, religion, gender, sexual orientation, or any other characteristic. In particular, it must not exclude access to or use of the Software by anyone based on such characteristics or other personal conditions. All users must have equal opportunities to use, modify, and distribute the Software.

**Clause 10: No Data Collection without User Consent**
The Software must be developed with a privacy-focused approach. Any data collected must only be done with the explicit consent of the user. Users must have the option to deny data collection without suffering degradation in service or functionality.

**Clause 11: Use with Incompatible Licenses**
The Software may be used alongside software released under incompatible licenses, provided that the user complies with the terms of the respective licenses of the software used.

**Clause 12: Limitation of Liability**
The authors of the Software shall not be liable for any damages arising from the use of the Software. All illegal uses are the responsibility of the user performing them, and the creators or managers of the Software shall not be held responsible for any violations of the freedoms and rights of users as specified in Clauses 3 and 4.

**Clause 13: No Release**
It is expressly forbidden to release the Software or derivative works under licenses that impose a different type of copyleft. This clause applies to all subsequent licenses.

**Clause 14: Availability of Modifications**
Any modifications made at the file level must always be made available and accessible to the involved public, and if the Software is used as an accessible service, it must always be available for use in a usable format and with the modifications made.

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