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Reformat/reorder various provisions; make anti-anticircumvention FIXME.

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Some minor simplifications to the object code distribution section as
well.

I deleted the anti-anti-circumvention provision because I think it
needs to be redrafted from scratch.
This commit is contained in:
Richard Fontana 2012-08-12 21:38:27 -04:00
parent 3cef4d4016
commit 47e8fee138
1 changed files with 127 additions and 134 deletions
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@ -36,8 +36,8 @@ THIS IS A DRAFT. DO NOT USE AS A LICENSE.
1. License Grants.
Subject to the terms and conditions of this License, including
termination under section 8, We grant you the following licenses:
Subject to the conditions of this License, We grant you the
following licenses:
a. A non-exclusive, worldwide, royalty-free, irrevocable copyright
license, for the duration of Our copyright in the Received Work,
@ -53,133 +53,126 @@ THIS IS A DRAFT. DO NOT USE AS A LICENSE.
claims that would be infringed only as a consequence of further
modification of the Received Work.
This License is not intended to exclude or limit (i) any rights you
This License is not intended to exclude or limit any rights you
have under applicable copyright doctrines of fair use, fair dealing
or other equivalents, and (ii) any implied license or other defense
to infringement that may otherwise be available to you under
or other equivalents, and any implied license or other defense to
infringement that may otherwise be available to you under
applicable patent law.
2. No Trademark License.
This License does not grant any rights in Our name, trademarks,
service marks, or logos.
2. Distribution: General Conditions.
3. Anticircumvention Law Waiver and Disclaimer.
You may Distribute a Covered Work, provided that you meet all of
these conditions:
[FIXME]
a. Keep intact all legal notices and textual author attributions
contained in the Received Work (in the case of a Derived Work,
to the extent such notices remain pertinent), and include a copy
of this License along with the Covered Work or notice of a
canonical Internet address at which a copy of this License is
publicly available.
4. Distribution: General Conditions.
b. For a Derived Work: 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 condition shall not apply to your Derived
Work 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").
You may Distribute Covered Works, provided that you:
* preserve all legal notices and textual author attributions
contained in the Received Work (in the case of a Derived Work, to
the extent such notices remain pertinent);
* include a copy of this License along with the Covered Work;
* make the waiver and disclaimer of section 3; and
* satisfy the applicable conditions of sections 5 through 8.
c. Make the waiver and disclaimer of section 4.
5. Conditions for Distributing Derived Works.
3. Object Code Distribution.
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.
3.1. General Definitions.
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").
"Minimum Period", with respect to a Covered Work embodied in a
Product, means the longer of (i) three years from the date of
your Distribution of the Covered Work in the Product, or (ii)
the period during which you offer spare parts or customer
support for the Product.
6. Direct Licensing.
"Object Code" means any form of a work that is not Source Code.
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.
"Product" means a physical product or tangible storage medium.
"Source Code" means the preferred form of a work for making
modifications to it.
"System Libraries" means [FIXME].
3.2. Definition of Corresponding Source.
"Corresponding Source" of a Covered Work means all the Source
Code needed to build, compile, generate, modify, install, and
run the Covered Work, to the extent those activities are
meaningful ("Development Activities").
Corresponding Source includes (i) all relevant scripts and
known instructions (even if previously unrecorded) necessary
for a skilled person to effectively perform, control and/or
complete Development Activities; (ii) interface definition
files; and (iii) the Source Code of shared libraries and
dynamically-linked subprograms that the Covered Work is
specifically designed to require, such as by intimate data
communication or control flow between those subprograms and
parts of the Covered Work.
Corresponding Source does not include (i) a Separate Work used
in performing Development Activities, or (ii) the Covered
Work's System Libraries.
3.3. Conditions for Distributing Object Code.
You may Distribute a Covered Work in Object Code form, provided
that you also Distribute its machine-readable Corresponding
Source under this License, in one of the following ways:
a. If you Distribute such Object Code in a Product, either
1) Accompany the Product with a durable physical medium
customarily used for software interchange that contains
the Corresponding Source, or
2) Ensure that the Corresponding Source is publicly
available, at no charge and for the Minimum Period, by way
of a network location, and accompany the Product with
notice of such location.
b. If you Distribute such Object Code from a network location,
accompany it with information giving clear directions
indicating how the Corresponding Source may be obtained from
a network location at no further charge and in a reasonably
equivalent manner.
4. Anticircumvention Waiver and Disclaimer.
Each Distributor of a Covered Work (i) waives all rights to forbid
circumvention of technological measures achieved by exercising
rights under this License with respect to a Covered Work, and (ii)
disclaims any intention to limit operation or modification of the
Received Work as a means of enforcing such Upstream Distributor's
or third parties' legal rights to forbid circumvention of
technological measures.
5. Direct Licensing of Downstream Recipients.
Each time you Distribute a Covered Work, the recipient
automatically receives from Us a license to the Received Work under
this License.
6. No Further Restrictions.
7. No Further Restrictions.
You may not impose further restrictions on the exercise of the
rights granted under this License ("Further Restrictions").
No violation of this section is excused merely because Further
Restrictions result from your compliance with conditions extrinsic
to this License, such as conditions imposed by court order or set
forth in a separate agreement between you and a third party.
The preceding condition is not excused merely because Further
Restrictions result from your compliance with conditions or
obligations extrinsic to this License (for example, a court order
or an agreement with a third party).
Distribution of a Covered Work incorporating material covered by
the Apache License 2.0, as published by the Apache Software
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.
7. Outbound License Compatibility.
8. Object Code Distribution.
8.1. General Definitions.
"Minimum Period", with respect to a Covered Work embodied in a
Product, means the longer of (i) three years from the date of
your Distribution of the Covered Work in the Product, or (ii) the
period during which you offer spare parts or customer support for
the Product.
"Object Code" means any form of a work that is not Source Code.
"Product" means a physical product or tangible storage medium.
"Source Code" means the preferred form of a work for making
modifications to it.
"System Libraries" means [FIXME].
8.2. Definition of Corresponding Source.
"Corresponding Source" of a Covered Work means all the Source
Code needed to build, compile, generate, modify, install, and run
the Covered Work, to the extent those activities are meaningful
("Development Activities"). Corresponding Source must be in
machine-readable form.
Corresponding Source includes (i) all relevant scripts and known
instructions (even if previously unrecorded) necessary for a
skilled person to effectively perform, control and/or complete
Development Activities; (ii) interface definition files; and
(iii) the Source Code of shared libraries and dynamically-linked
subprograms that the Covered Work is specifically designed to
require, such as by intimate data communication or control flow
between those subprograms and parts of the Covered Work.
Corresponding Source does not include (i) a Separate Work used in
performing Development Activities, or (ii) the Covered Work's
System Libraries.
8.3. Conditions for Distributing Object Code.
You may Distribute a Covered Work in Object Code form, provided
that:
a. For Object Code Distributed in a Product: you accompany the
Product with either:
1) a durable physical medium customarily used for software
interchange that contains the Corresponding Source, or
2) notice of a network location through which the
Corresponding Source is available under this License at no
charge, for the Minimum Period.
b. For Object Code Distributed from a network location: you
accompany the Object Code with clear directions indicating how
the Corresponding Source may be obtained under this License
from a network location at no further charge and in a
reasonably equivalent manner.
9. 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:
@ -188,38 +181,38 @@ THIS IS A DRAFT. DO NOT USE AS A LICENSE.
* GNU Affero General Public License, version 3
* later versions of the foregoing licenses.
8. Termination.
10. Termination.
8.1 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.
10.1. 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.
8.2 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.
10.2. 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.
Termination of your rights under this section 8 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.
10.3. 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.
Your right to make copies necessarily incident to running Covered
Works shall never be terminated.
10.4. Your right to make copies necessarily incident to running
Covered Works shall never be terminated.
9. Later License Versions.
11. Later License Versions.
The Copyleft-Next Project may publish new versions of
copyleft-next, designated by a distinguishing version number, but
no such new version is "Authorized" until it has been specifically
approved as a new version by both the Free Software Foundation and
the Open Source Initiative. You may Distribute a Covered Work under
the terms of this License or under the terms of an Authorized newer
version of copyleft-next.
The Copyleft-Next Project may publish new versions of
copyleft-next, designated by a distinguishing version number, but
no such new version is "Authorized" until it has been specifically
approved as a new version by both the Free Software Foundation and
the Open Source Initiative. You may Distribute a Covered Work
under the terms of this License or under the terms of an
Authorized newer version of copyleft-next.
10. No Warranty.
12. No Warranty.
The Received Work is provided "as-is", without warranty. You bear
the risk of using it. You may have additional rights under
@ -228,7 +221,7 @@ THIS IS A DRAFT. DO NOT USE AS A LICENSE.
warranties of title, merchantability, fitness for a particular
purpose and non-infringement.
11. Limitation of Liability.
13. 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
@ -237,7 +230,7 @@ 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.
12. Severability.
14. Severability.
If any provision of this License is invalid or unenforceable under
applicable law, it shall not affect the validity or enforceability