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Broadened proprietary-relicensing provision and made new section.

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This commit moves the proprietary-relicensing 'poison pill' from the
basic copyleft provision (Distributing Derived Works) to a separate
section and broadens its effect. Now, if the original licensor ever
does proprietary relicensing, we say that none of the conditions on
distribution (nor the termination section) apply.
This commit is contained in:
Richard Fontana 2012-08-12 22:18:06 -04:00
parent 1cc833e590
commit 13b9f6d328
1 changed files with 34 additions and 32 deletions
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@ -68,7 +68,16 @@ THIS IS A DRAFT. DO NOT USE AS A LICENSE.
[FIXME]
4. Distribution: General Conditions.
4. Proprietary-Relicensing Poison Pill.
If now or in the future We Proprietary-Relicense, then at that time
you are no longer bound by sections 5 through 11 of this License.
"Proprietary-Relicense" means to commercially offer a work that
would be a Covered Work had you prepared it, under a license that
fails to satisfy version 1.111 of the Free Software Definition as
published by the Free Software Foundation ("FSF").
5. Distribution: General Conditions.
You may Distribute Covered Works, provided that you:
* preserve all legal notices and textual author attributions
@ -78,26 +87,20 @@ THIS IS A DRAFT. DO NOT USE AS A LICENSE.
* make the waiver and disclaimer of section 3; and
* satisfy the applicable conditions of sections 5 through 8.
5. Conditions for Distributing Derived Works.
6. Distributing Derived Works.
You may Distribute a Derived Work, provided that you license the
entire Derived Work under this License, and include prominent
notice of such licensing. This condition may not be avoided through
such means as separate Distribution.
This section shall not apply if We Proprietary-Relicense.
"Proprietary-Relicense" means to commercially offer a work that
would be a Covered Work had you prepared it, under a license that
fails to satisfy version 1.111 of the Free Software Definition as
published by the Free Software Foundation ("FSF").
6. Direct Licensing.
7. Direct Licensing.
When you Distribute a Covered Work, the recipient automatically
receives from Us a license to the Received Work subject to the
terms of this License.
7. No Further Restrictions.
8. No Further Restrictions.
You may not impose further restrictions on the exercise of the
rights granted under this License ("Further Restrictions").
@ -108,12 +111,11 @@ THIS IS A DRAFT. DO NOT USE AS A LICENSE.
or an agreement with a third party).
Distribution of a Covered Work incorporating material licensed
under the Apache License 2.0, as published by the Apache Software
Foundation, does not impose Further Restrictions.
under the Apache License 2.0 does not impose Further Restrictions.
8. Object Code Distribution.
9. Object Code Distribution.
8.1. General Definitions.
9.1. General Definitions.
"Minimum Period", with respect to a Covered Work embodied in a
Product, means the longer of (i) two years from the date of your
@ -130,7 +132,7 @@ THIS IS A DRAFT. DO NOT USE AS A LICENSE.
"System Libraries" means [FIXME].
8.2. Definition of Corresponding Source.
9.2. Definition of Corresponding Source.
"Corresponding Source" of a Covered Work means all the Source
Code needed to build, compile, generate, modify, install, and run
@ -151,7 +153,7 @@ THIS IS A DRAFT. DO NOT USE AS A LICENSE.
performing Development Activities, or (ii) the Covered Work's
System Libraries.
8.3. Conditions for Distributing Object Code.
9.3. Conditions for Distributing Object Code.
You may Distribute a Covered Work in Object Code form, provided
that:
@ -172,37 +174,37 @@ THIS IS A DRAFT. DO NOT USE AS A LICENSE.
from a network location at no further charge and in a
reasonably equivalent manner.
9. Outbound (A)GPL Compatibility.
10. Outbound (A)GPL Compatibility.
You may relicense Covered Works under the terms of one or more of
the following licenses published by the Free Software Foundation:
* GNU General Public License, version 2
* GNU General Public License, version 3
* GNU Affero General Public License, version 3
* later versions of the foregoing licenses.
You may relicense Covered Works under the terms of one or more of
the following licenses published by the Free Software Foundation:
* GNU General Public License, version 2
* GNU General Public License, version 3
* GNU Affero General Public License, version 3
* later versions of the foregoing licenses.
10. Termination.
11. Termination.
10.1. If you fail to comply with the conditions of this License, then,
11.1. If you fail to comply with the conditions of this License, then,
unless and until you cure such failure within thirty days after
becoming aware of such noncompliance, your license grants under
section 1 are automatically terminated.
10.2. If you initiate litigation by asserting a patent infringement
11.2. If you initiate litigation by asserting a patent infringement
claim (excluding declaratory judgment actions, counterclaims,
and cross-claims) alleging that any part of the Received Work
directly or indirectly infringes any patent, then your license
grants under section 1 are automatically terminated.
10.3. Termination of your rights disqualifies you from receiving new
11.3. Termination of your rights disqualifies you from receiving new
licenses covering the Received Work. It does not terminate the
rights of those who have received copies or rights from you
subject to this License.
10.4. Your right to make copies necessarily incident to running
11.4. Your right to make copies necessarily incident to running
Covered Works shall never be terminated.
11. Later License Versions.
12. Later License Versions.
The Copyleft-Next Project may publish new versions of
copyleft-next, designated by a distinguishing version number, but
@ -212,7 +214,7 @@ THIS IS A DRAFT. DO NOT USE AS A LICENSE.
under the terms of this License or under the terms of an
Authorized newer version of copyleft-next.
12. No Warranty.
13. No Warranty.
The Received Work is provided "as-is", without warranty. You bear
the risk of using it. You may have additional rights under
@ -221,7 +223,7 @@ THIS IS A DRAFT. DO NOT USE AS A LICENSE.
warranties of title, merchantability, fitness for a particular
purpose and non-infringement.
13. Limitation of Liability.
14. Limitation of Liability.
To the extent permitted by applicable law, in no event will any
Distributor be liable to you for any damages whatsoever, whether
@ -230,7 +232,7 @@ THIS IS A DRAFT. DO NOT USE AS A LICENSE.
otherwise, even where the Distributor knew or should have known
about the possibility of such damages.
14. Severability.
15. Severability.
If any provision of this License is invalid or unenforceable under
applicable law, it shall not affect the validity or enforceability