Subversion Repositories vaca_plus

Rev

Details | Last modification | View Log | RSS feed

Rev Author Line No. Line
23 h266 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.