OLD | NEW |
| (Empty) |
1 BSD Protection License | |
2 February 2002 | |
3 | |
4 Preamble | |
5 -------- | |
6 | |
7 The Berkeley Software Distribution ("BSD") license has proven very effective | |
8 over the years at allowing for a wide spread of work throughout both | |
9 commercial and non-commercial products. For programmers whose primary | |
10 intention is to improve the general quality of available software, it is | |
11 arguable that there is no better license than the BSD license, as it | |
12 permits improvements to be used wherever they will help, without idealogical | |
13 or metallic constraint. | |
14 | |
15 This is of particular value to those who produce reference implementations | |
16 of proposed standards: The case of TCP/IP clearly illustrates that freely | |
17 and universally available implementations leads the rapid acceptance of | |
18 standards -- often even being used instead of a de jure standard (eg, OSI | |
19 network models). | |
20 | |
21 With the rapid proliferation of software licensed under the GNU General | |
22 Public License, however, the continued success of this role is called into | |
23 question. Given that the inclusion of a few lines of "GPL-tainted" work | |
24 into a larger body of work will result in restricted distribution -- and | |
25 given that further work will likely build upon the "tainted" portions, | |
26 making them difficult to remove at a future date -- there are inevitable | |
27 circumstances where authors would, in order to protect their goal of | |
28 providing for the widespread usage of their work, wish to guard against | |
29 such "GPL-taint". | |
30 | |
31 In addition, one can imagine that companies which operate by producing and | |
32 selling (possibly closed-source) code would wish to protect themselves | |
33 against the rise of a GPL-licensed competitor. While under existing | |
34 licenses this would mean not releasing their code under any form of open | |
35 license, if a license existed under which they could incorporate any | |
36 improvements back into their own (commercial) products then they might be | |
37 far more willing to provide for non-closed distribution. | |
38 | |
39 For the above reasons, we put forth this "BSD Protection License": A | |
40 license designed to retain the freedom granted by the BSD license to use | |
41 licensed works in a wide variety of settings, both non-commercial and | |
42 commercial, while protecting the work from having future contributors | |
43 restrict that freedom. | |
44 | |
45 The precise terms and conditions for copying, distribution, and | |
46 modification follow. | |
47 | |
48 BSD PROTECTION LICENSE | |
49 TERMS AND CONDITIONS FOR COPYING, DISTRIBUTION, AND MODIFICATION | |
50 ---------------------------------------------------------------- | |
51 | |
52 0. Definitions. | |
53 a) "Program", below, refers to any program or work distributed under | |
54 the terms of this license. | |
55 b) A "work based on the Program", below, refers to either the Program | |
56 or any derivative work under copyright law. | |
57 c) "Modification", below, refers to the act of creating derivative works. | |
58 d) "You", below, refers to each licensee. | |
59 | |
60 1. Scope. | |
61 This license governs the copying, distribution, and modification of the | |
62 Program. Other activities are outside the scope of this license; The | |
63 act of running the Program is not restricted, and the output from the | |
64 Program is covered only if its contents constitute a work based on the | |
65 Program. | |
66 | |
67 2. Verbatim copies. | |
68 You may copy and distribute verbatim copies of the Program as you | |
69 receive it, in any medium, provided that you conspicuously and | |
70 appropriately publish on each copy an appropriate copyright notice; keep | |
71 intact all the notices that refer to this License and to the absence of | |
72 any warranty; and give any other recipients of the Program a copy of this | |
73 License along with the Program. | |
74 | |
75 3. Modification and redistribution under closed license. | |
76 You may modify your copy or copies of the Program, and distribute | |
77 the resulting derivative works, provided that you meet the | |
78 following conditions: | |
79 a) The copyright notice and disclaimer on the Program must be reproduced | |
80 and included in the source code, documentation, and/or other materials | |
81 provided in a manner in which such notices are normally distributed. | |
82 b) The derivative work must be clearly identified as such, in order that | |
83 it may not be confused with the original work. | |
84 c) The license under which the derivative work is distributed must | |
85 expressly prohibit the distribution of further derivative works. | |
86 | |
87 4. Modification and redistribution under open license. | |
88 You may modify your copy or copies of the Program, and distribute | |
89 the resulting derivative works, provided that you meet the | |
90 following conditions: | |
91 a) The copyright notice and disclaimer on the Program must be reproduced | |
92 and included in the source code, documentation, and/or other materials | |
93 provided in a manner in which such notices are normally distributed. | |
94 b) You must clearly indicate the nature and date of any changes made | |
95 to the Program. The full details need not necessarily be included in | |
96 the individual modified files, provided that each modified file is | |
97 clearly marked as such and instructions are included on where the | |
98 full details of the modifications may be found. | |
99 c) You must cause any work that you distribute or publish, that in whole | |
100 or in part contains or is derived from the Program or any part | |
101 thereof, to be licensed as a whole at no charge to all third | |
102 parties under the terms of this License. | |
103 | |
104 5. Implied acceptance. | |
105 You may not copy or distribute the Program or any derivative works except | |
106 as expressly provided under this license. Consequently, any such action | |
107 will be taken as implied acceptance of the terms of this license. | |
108 | |
109 6. NO WARRANTY. | |
110 THIS SOFTWARE IS PROVIDED "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, | |
111 INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY | |
112 AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL | |
113 THE COPYRIGHT HOLDER, OR ANY OTHER PARTY WHO MAY MODIFY AND/OR | |
114 REDISTRIBUTE THE PROGRAM AS PERMITTED ABOVE, BE LIABLE FOR ANY DIRECT, | |
115 INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES | |
116 ARISING OUT OF THE USE OR INABILITY TO USE THE PROGRAM (INCLUDING, BUT | |
117 NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF | |
118 USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND | |
119 ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR | |
120 TORT, EVEN IF SUCH HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE | |
121 POSSIBILITY OF SUCH DAMAGES. | |
OLD | NEW |