[copyleft-next] copyleft-next 0.2.0 released

Mike Linksvayer ml at gondwanaland.com
Wed Feb 20 23:30:16 UTC 2013


>                    copyleft-next [-0.1.1-] {+0.2.0+} ("this License")
>                          Release date: [-2013-02-08-] {+2013-02-19+}
>
> 1. License [-Grants.-] {+Grants+}

Not a change, but does the word "License" add anything here?

>    Subject to the terms of this License, [-We-] {+I+} grant You:
>
>    a) A non-exclusive, worldwide, perpetual, royalty-free, irrevocable
>       copyright license, to [-make, copy, Distribute,-] {+reproduce, distribute, prepare derivative works
>       of,+} publicly perform and publicly display [-Covered Works, in any medium.-] {+My Work.+}
>
>    b) A non-exclusive, worldwide, perpetual, royalty-free, irrevocable
>       patent license under Licensed Patents to make, have made, use, sell,
>       offer for sale, and import Covered Works.
>
>    This License does not {+grant any rights in My name, trademarks, service
>    marks, or logos.

Not a substantial change, but I wonder why the substance is needed.
The grant is explicitly one of copyright. Lots of popular FLOSS
licenses don't mention trademark.

>    This License does not+} exclude or limit any rights You have under
>    applicable [-copyright-] law.

This seems like either superfluous (better for a FAQ), or bad policy.
Are the contours of contemporary copyright exceptions really the right
ones for software freedom? If one might be forced to comply with terms
(ie releasing under copyleft-next and revealing source) even if they
might be able to get away with it due to some copyright exception,
might it not be a bad idea to explicitly eliminate the possibility?

> 2. [-No Trademark License.
>
>    This License does not grant any rights in Our name, trademarks, service
>    marks, or logos.
>
> 3. Effect-] {+Nullification+} of [-Proprietary Relicensing.-] {+Copyleft/Proprietary Dual Licensing+}

Nice word.

>    If, more than one year after [-Our-] {+My+} first [-Distribution-] {+distribution+} of [-the Received-] {+My+} Work under this
>    License, [-We-] {+I+} offer to license a [-work that would be a-] Covered Work [-had You prepared it, under terms other than (i)-] {+in+} a [-version of
>    copyleft-next released by-] {+manner that fails to
>    satisfy+} the [-Copyleft-Next Project, (ii) a license
>    authorized under section 10, or (iii) a license approved-] {+Open Source Definition published+} by the Open Source
>    Initiative as of 1 January 2013, [-sections 4 through 8 of this
>    License no longer apply-] {+then I additionally license My Work+} to [-You.
>
> 4.-]
>    {+You under the Apache License (excluding any preexisting material
>    contained in My Work over which I do not hold copyright).
>
> 3.+} Distribution: General [-Conditions.-] {+Conditions+}
>
>    You may [-Distribute-] {+distribute+} Covered Works, provided that You (i) inform
>    recipients how they can obtain a copy of this License; (ii) satisfy the
>    applicable conditions of sections [-5-] {+4+} through [-8;-] {+7;+} and (iii) preserve all
>    Legal Notices contained in [-the Received-] {+My+} Work (to the extent they remain
>    pertinent). "Legal Notices" means copyright notices, license notices,
>    license texts, and author attributions, but does not include logos,
>    other graphical [-images or-] {+images,+} trademark [-legends.
>
> 5.-] {+legends, or "powered by" statements.
>
> 4.+} Conditions for Distributing Derived [-Works.-] {+Works; Outbound GPL Compatibility+}
>
>    If You [-Distribute-] {+distribute+} a Derived Work, You must license the entire Derived
>    Work as a whole under this License, with prominent notice of such
>    licensing. This condition may not be avoided through such means as
>    separate [-Distribution-] {+distribution+} of portions of the Derived Work.
>
> [-6.-]
>
>    {+You may additionally license the Derived Work under any version of the
>    GNU General Public License published by the Free Software Foundation
>    ("GPL"), so that the recipient may further distribute the Derived Work
>    under either this License or the GPL.

I agree with comment elsewhere that I can't find now that v2+ would be
good to specify.

> 5.+} Condition Against Further [-Restrictions.-] {+Restrictions+}
>
>    When [-Distributing-] {+distributing+} a Covered Work, You may not impose further
>    restrictions on the exercise of rights in the Covered Work granted under
>    this License. This condition is not excused merely because such
>    restrictions result from Your compliance with conditions or obligations
>    extrinsic to this License (such as a court order or an agreement with a
>    third party). Mere [-Distribution-] {+distribution+} of a Covered Work incorporating material
>    licensed under the Apache License [-2.0-] does not impose further restrictions
>    under this section.
>
> [-7.-]
>
> {+6.+} Conditions for Distributing Object Code [-in Products.-]
>
>    You may [-Distribute-] {+distribute+} an Object Code form of a Covered [-Work in a physical
>    product or tangible storage medium ("Product"),-] {+Work,+} provided that [-You-]
>    {+you+} accompany the [-Product-] {+Object Code+} with [-either: (i) a durable physical medium
>    customarily used for software interchange that contains the
>    Corresponding Source of the Covered Work, or (ii)-] notice of a network location through
>    which [-such-] {+the+} Corresponding Source is {+made+} available, at no charge, {+by some
>    standard or customary means of providing network access to source code.
>
>    If you distribute the Object Code in a physical product or tangible
>    storage medium ("Product"), the Corresponding Source must be available
>    through such a network location+} for two years from the date of Your most
>    recent Distribution of the [-Covered Work-] {+Object Code+} in the Product. [-In either case,-] {+However, if You
>    accompany the Product with a durable physical medium, customarily used
>    for software interchange, that contains the+} Corresponding [-Source
>    must be provided under-] {+Source, You
>    need not also comply with the first paragraph of+} this [-License.
>
> 8. Conditions for Network Distribution-] {+section.
>
>    Each recipient+} of [-Object Code.-] {+the Covered Work from+} You [-may Distribute-] {+is+} an [-Object Code form-] {+intended third-party
>    beneficiary of this License solely as to this section 6, with the right
>    to enforce its terms.

Great! As I said in
https://identi.ca/conversation/98623601#notice-99639053 it'd be nice
to see this expanded to license, not only source. Not that I have any
idea how to do so.

> 7. Symmetrical Licensing Condition for Upstream Contributions
>
>    If You distribute a work to Me specifically for inclusion in or
>    modification+} of a Covered Work [-through a
>    computer network, provided that-] {+(Your "Patch"), then, unless Your Patch
>    explicitly states otherwise,+} You [-accompany-] {+license it to Me under this License, to+}
>    the [-Object Code with clear
>    directions indicating how-] {+extent of Your copyright in Your Patch. This condition does not
>    negate+} the [-Corresponding Source may be obtained under-] {+other conditions of this License, if applicable to Your
>    Patch.
>
> 8. Copyleft Sunset
>
>    Conditions 3 through 6 of+} this License {+cease to apply to You 15 years+}
>    from [-a network location at no charge and in a reasonably
>    equivalent manner.-] {+the date of My first distribution of My Work under this License.+}

Interesting that 2 is not sunset; a weak non-source-requiring copyleft
is retained for duration. This seems reasonable.

> 9. [-Pass-Through.-] {+Pass-Through+}
>
>    When You [-Distribute-] {+distribute+} a Covered Work, the recipient automatically receives
>    [-from Us-]
>    a license to [-the Received-] {+My+} Work {+from Me,+} subject to the terms of this License.
>
> 10. [-Outbound (A)GPL Compatibility.
>
>     You may Distribute a Covered Work under one or more of the following
>     licenses published by the Free Software Foundation: (i) GNU General
>     Public License, version 2; (ii) GNU Affero General Public License,
>     version 3; (iii) later versions of the foregoing licenses.
>
> 11. Termination.-] {+Termination+}
>
>     Your license grants under section 1 are automatically terminated if You
>
>     a) fail to comply with the conditions of this License, unless You cure
>        such noncompliance within thirty days after becoming aware of it, or
>
>     b) initiate a patent infringement litigation claim (excluding
>        declaratory judgment actions, counterclaims, and cross-claims)
>        alleging that any part of [-the Received-] {+My+} Work directly or indirectly infringes
>        any patent.
>
>     Termination [-of Your rights-] disqualifies You from receiving new licenses covering [-the Received-] {+My+}
>     Work, but it does not terminate the rights of those who have received
>     copies or rights from You subject to this License.
>
>     To the extent permission to make copies of a Covered Work is necessary
>     merely for running it, such permission is not terminable.
>
> [-12.-]
>
> {+11.+} Later License [-Versions.-] {+Versions+}
>
>    The Copyleft-Next Project may release new versions of copyleft-next,
>    designated by a distinguishing version number ("Later Versions").
>    Unless [-We-] {+I+} explicitly remove the option of [-Distributing-] {+distributing+} Covered Works
>    under Later Versions, You may [-Distribute-] {+distribute+} Covered Works under any Later
>    Version.
>
> [-**************************************************************************
> *                                                                        *
> * 13.-]
>
> {+** 12.+} No [-Warranty.                                                       *
> *                                                                        *
> *     The Received-] {+Warranty                                                       **
> **                                                                       **
> **     My+} Work is provided "as-is", without warranty. You bear  [-*
> *-] the risk  {+**
> **+}     of using it. To the extent permitted by applicable law,   [-*
> *-] each [-Distributor-]      {+**
> **     distributor of My Work+} excludes the implied warranties of title,         [-*
> *-]  {+**
> **+}     merchantability, fitness for a particular purpose and              [-*
> *-]             {+**
> **+}     non-infringement.                                                  [-*
> *                                                                        *
> **************************************************************************
>
> **************************************************************************
> *                                                                        *
> * 14.-]                                                 {+**
>
> ** 13.+} Limitation of [-Liability.                                           *
> *                                                                        *
> *-] {+Liability                                           **
> **                                                                       **
> **+}     To the extent permitted by applicable law, in no event will any    [-*
> *     Distributor-]   {+**
> **     distributor of My Work+} be liable to You for any damages           {+**
> **+}     whatsoever, whether   [-*
> *-] direct, indirect, special, incidental, or     {+**
> **+}     consequential damages,   [-*
> *-] whether arising under contract, tort       {+**
> **+}     (including negligence), or    [-*
> *-] otherwise, even where the [-Distributor-] {+distributor  **
> **+}     knew or should have known    [-*
> *-] about the possibility of such damages.                             [-*
> *                                                                        *
> **************************************************************************
>
> 15. Severability.-]  {+**
>
> 14. Severability+}
>
>     The invalidity or unenforceability of any provision of this License
>     does not affect the validity or enforceability of the remainder of
>     this License. Such provision is to be reformed to the minimum extent
>     necessary to make it valid and enforceable.
>
> [-16. Definitions.-]
>
> {+15. Definitions
>
>     "Apache License" means the Apache License, version 2.0, as published by
>     the Apache Software Foundation.+}
>
>     "Copyleft-Next Project" means the project that maintains the source
>     code repository at <https://gitorious.org/copyleft-next/> as of the
>     release date of this License.
>
>     "Corresponding Source" of a Covered Work in Object Code form means (i)
>     the Source Code form of the Covered Work; (ii) all scripts,
>     instructions and similar information that are reasonably necessary for
>     a skilled developer to generate the Covered Work from the Source Code
>     provided under (i); and (iii) a list clearly identifying all Separate
>     Works (other than those provided in compliance with (ii)) that were
>     specifically used in building and installing the Covered Work (for
>     example, a specified proprietary compiler including its version
>     number). Corresponding Source must be machine-readable.
>
>     "Covered Work" means [-the Received-] {+My+} Work or a Derived Work.
>
>     "Derived Work" means a work of authorship that copies from, modifies,
>     adapts, is based on, [-contains, transforms or-] {+is a derivative work of, transforms,+} translates
>     {+or contains+} all or part of
>     [-the Received-] {+My+} Work. Derived Works do not include Mere
>     Aggregation or [-the
>     mere making of-] a [-verbatim copy-] {+mere reproduction+} of [-the Received Work.
>
>     "Distribute" means to distribute, transfer or make a copy available to
>     someone else.
>
>     "Distributor" means Us and anyone else who Distributes a Covered-] {+My+} Work.
>
>     "Licensed Patents" means all patent claims licensable by [-Us,-] {+Me,+} now or in
>     the future, that are necessarily infringed by making, using, or selling
>     [-the Received-]
>     {+My+} Work, and excludes claims that would be infringed only as a
>     consequence of further modification of [-the Received-] {+My+} Work.
>
>     "Mere Aggregation" means an aggregation of a Covered Work with a
>     Separate Work.
>
>     "Object Code" means any form of a work that is not Source Code.
>
>     [-"Received-]
>
>     {+"My+} Work" means the particular work of authorship [-We-] {+I+} license to You
>     under this License.
>
>     "Separate Work" means a work that is separate from and independent of a
>     particular Covered Work and is not by its nature an extension or
>     enhancement of the Covered Work, and/or a runtime library, standard
>     library or similar component that is used to generate an Object Code
>     form of a Covered Work.
>
>     "Source Code" means the preferred form of a work for making
>     modifications to it.
>
>     [-"We"/"Us"/"Our"-]
>
>     {+"I"/"Me"/"My"+} refers to the individual or legal entity that places
>     [-the Received-] {+My+}
>     Work under this License. "You"/"Your" refers to the individual or legal
>     entity exercising rights in [-the Received-] {+My+} Work under this License. [-For-] {+A+} legal [-entities, "You"-] {+entity+}
>     includes [-any-] {+each+} entity that controls, is controlled by, or is under
>     common control with [-You.-] {+such legal entity.+} "Control" means (a) the power to
>     direct the actions of such {+legal+} entity, whether by contract or
>     otherwise, or (b) ownership of more than fifty percent of the
>     outstanding shares or beneficial ownership of such {+legal+} entity.
> Releases/copyleft-next-0.1.1: 1402 words  1029 73% common  52 4% deleted  321 23% changed
> Releases/copyleft-next-0.2.0: 1460 words  1029 70% common  76 5% inserted  355 24% changed

This is a neat release, worth 58 word gain, but maybe some can be lost. :)

Mike


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