CSL (war: Abgewandelte 3-Klausel-BSD-Lizenz)
Bernhard Fastenrath
Bernhard.Fastenrath.2 at arcor.de
Mi Nov 6 14:59:31 UTC 2013
Wo hier gerade so begeistert Lizenzen diskutiert werden, was meint ihr
zu diesem Vorschlag?
Intent of the license
This section is meant to clarify the spirit of the license.
The intent of the license is to offer an alternative to open source
software as specified by the OSI open source definition with the aim
to generate revenue for charity. Software licensed under the CSL can
be made available in source code but there is no obligation to do
so, unless the open source variant OSCSL is chosen. The software is
made available with guarantees about the use of revenue generated by
software sales. The license will include a list of trusted third
parties, usually non-profit organizations, who can sell software
licensed under the CSL. Depending on country of residence this may
require two entities: a for-profit business and a foundation or
other non-profit organization as its owner. A group of authors
cannot sell their own software under the CSL without first becoming
a Licensor (a trusted reseller) in the sense of the license. The
rationale is that the CSL is intended as a unique selling point for
software licensed under the CSL and arbitrary software authors are
not expected to reliably handle the financial resources in the
intent of the license. Thus the CSL can increase the trustworthiness
of authors without any disadvantages for software authors who mean
to take the CSL seriously. Licensors in the sense of the license
require external auditors, as, for instance, the Deutsche
Zentralinstitut für soziale Fragen (dzi.de). A share of the
generated revenue can, within predefined limits, be used to develop
the software. The recipient of revenue shares is the maintainer. The
maintainer can distribute funding, hire contractors, fork the
project or pass on the office of maintainer to another person. The
office of maintainer is meant to allow a software development
process similar to that of the open source community, although
slightly less inclusive.
Compatible licenses
The CSL is intended to allow use of software components licensed
under LGPL License
<http://en.wikipedia.org/wiki/GNU_Lesser_General_Public_License>,
BSD License <http://en.wikipedia.org/wiki/BSD_licenses>, Apache
License <http://en.wikipedia.org/wiki/Apache_License> or Mozilla
Public License <http://en.wikipedia.org/wiki/Mozilla_Public_License>.
Dual licensing
A software author can make his work compatible with the CSL by
dual-licensing the work. A program licensed under the GPL and the
CSL can, for instance, be used under the terms of the GPL but can be
incorporated into a derivative work licensed under the CSL. The
program is consequently available as open source software but can be
used for charitable purposes to generate revenue as part of a
derivative work. Many other open source licenses do not require a
dual licensing option because they are fully compatible with the CSL.
Recommendation: GPL+CSL
There is a conceivable synergy between the GPL and the CSL that
deserves independent attention: A GPL-licensed parent project can to
a degree discourage competitors: because a very similar program is
available as free software, making a very similar program or
derivative work is a less likely goal for a commercial developer. At
the same time CSL-licensed derivatives can give additional meaning
to the GPL-licensed parent project. Thus the recommendation for open
source authors considering to support the CSL is to choose GPL+CSL
as their license.
Alternative dual-licensing options
Dual-licensing with any other open source license is useful, even if
it may have only symbolic value. You can dual-license a program
under BSD+CSL for instance, which doesn't change the licensing
conditions in any way, because the BSD license allows proprietary
use, but you endorse the CSL license by mentioning it.
Philosophy
The difference in philosophy between CSL and open source in a
nutshell is that CSL is about prevention while open source is about
creation.
Terms and conditions for use, reproduction and distribution
Definitions
"Maintainer" shall mean the individual or Legal Entity
identified as the initial developer or an individual or Legal
Entity appointed (in writing) by the previous Maintainer as the
current Maintainer.
"License" shall mean the terms and conditions for use,
reproduction, and distribution as defined by this document.
"Licensor" shall mean any entity authorized by the License that
is granting the License to a consumer or would be permitted to
grant the License to a consumer.
"Licensee" shall mean an individual or Legal Entity exercising
permissions granted by this License.
"Legal Entity" shall mean the union of the acting entity and all
other entities that control, are controlled by, or are under
common control with that entity. For the purposes of this
definition, "control" means (i) the power, direct or indirect,
to cause the direction or management of such entity, whether by
contract or otherwise, or (ii) ownership of fifty percent (50%)
or more of the outstanding shares, or (iii) beneficial ownership
of such entity.
"Source" form shall mean the preferred form for making
modifications, including but not limited to software source
code, documentation source, and configuration files.
"Object" form shall mean any form resulting from mechanical
transformation or translation of a Source form, including but
not limited to compiled object code, generated documentation,
and conversions to other media types.
"Work" shall mean the work of authorship, whether in Source or
Object form, made available under the License, as indicated by a
copyright notice that is included in or attached to the work (an
example is provided in the Appendix below).
"Derivative Works" shall mean any work, whether in Source or
Object form, that is based on (or derived from) the Work and for
which the editorial revisions, annotations, elaborations, or
other modifications represent, as a whole, an original work of
authorship. For the purposes of this License, Derivative Works
shall not include works that remain separable from, or merely
link (or bind by name) to the interfaces of, the Work and
Derivative Works thereof.
"Contribution" shall mean any work of authorship, including the
original version of the Work and any modifications or additions
to that Work or Derivative Works thereof, that is intentionally
submitted to a Licensor for inclusion in the Work by the
copyright owner or by an individual or Legal Entity authorized
to submit on behalf of the copyright owner. For the purposes of
this definition, "submitted" means any form of electronic,
verbal, or written communication sent to the Licensor or its
representatives, including but not limited to communication on
electronic mailing lists, source code control systems, and issue
tracking systems that are managed by, or on behalf of, the
Licensor for the purpose of discussing and improving the Work,
but excluding communication that is conspicuously marked or
otherwise designated in writing by the copyright owner as "Not a
Contribution."
"Contributor" shall mean any Licensor and any individual or
Legal Entity on behalf of whom a Contribution has been received
by any Licensor and subsequently incorporated within the Work.
"License Steward" shall mean the Legal Entity that is defined as
the License Steward under the identically named section of the
License.
License grants
Evaluation grant
For the purpose of evaluating the Work each Contributor hereby
grants the Licensee a limited non-exclusive and non-transferable
right of use for his Contributions to the Work in order to make
use of the Work for up to one month without interruptions or new
beginnings. Each new version of the software can be evaluated
anew under the evaluation grant.
Contributor grant
Subject to third party intellectual property claims, each
Contributor hereby grants the Licensee a non-exclusive and
non-transferable right of use for his Contributions to the Work
in order to make use of the Work, provided the Work has been
purchased from a Licensor.
Licensor obligations
Revenue from purchases
The Licensor accepts the obligation to provide appropriate
funding for further development of the Work to the Maintainer,
which shall not constitute more than 10% of the revenue from
purchases of the Work. The Licensor accepts the obligation to
refuse funding to a project if the use of funding has not been
made sufficiently transparent or is seen as inappropriate
according to published policies of the Licensor. The Licensor
accepts the obligation to use at least 95% of the remaining
revenue from purchases of the Work for charitable purposes. The
Licensor accepts the obligation to document use of financial
resources derived from purchases of the Work to the general
public and to employ an external auditor to validate the use of
financial resources derived from purchases of the Work.
Pricing
The Licensor accepts the obligation to sell the Work for no less
than the prices determined by the Maintainer. A preliminary
default for price deductions is that residents of developing
countries receive a deduction of 2% for each step in the Human
Development Index their country of residence is below position 127.
Discontinuation
The Licensor retains the right to sell the Work under the
License only while the Maintainer of the Work and the License
Steward both endorse the Licensor. The right to sell the Work
can be terminated either by the Maintainer or by the License
Steward at any time.
Distribution obligations
Source distribution
Parts of the Work that have been received in Source form can be
distributed in Source form, unless otherwise specified by the
Maintainer or the Licensor. Distribution in Source form does not
constitute a right of use for the Work in Object form for the
recipient.
Distribution of Modifications
Derivative Works that the Licensee creates or to which the
Licensee contributes are governed by the terms of this License.
The Maintainer of Derivative Works remains the original
Maintainer of the Work, unless the Maintainer agrees to share or
to transfer the office in writing.
Versions of the license
License Steward
The License Steward is [ ... to be determined ... ] and may
publish revised and/or new versions of this License from time to
time. Each version will be given a distinguishing version
number. No one other than the License Steward has the right to
modify this License.
Effect of new versions
The Licensee may choose to use the Work under the terms of the
version of the License under which the Licensee originally
received the Work or any subsequent version of the License
published by the License Steward.
Multiple-licensed code
If the Work is available under other licenses the Licensee is
free to choose the License as the governing contract and to
terminate other licenses only if the Work has been purchased
from a Licensor.
Disclaimer of warranty
The Work is provided by the Licensor ``as is´´ and any express
or implied warranties, including, but not limited to, the
implied warranties of merchantability, fitness for a particular
purpose or non-infringement are disclaimed, except to the extent
that these disclaimers are held to be legally invalid. In no
event shall the Licensor be liable for any direct, indirect,
incidental, special, exemplary, or consequential damages
(including, but not limited to, procurement of substitute goods
or services; loss of use, data or profits; or business
interruption) however caused and on any theory of liability,
whether in contract, strict liability, or tort (including
negligence or otherwise) arising in any way out of the use of
the Work, even if advised of the possibility of such damage.
Headings not controlling
The headings in this License are for reference purposes only and
shall not be construed as a part of the License.
Variants
CSL Freemium
The freemium <http://en.wikipedia.org/wiki/freemium> variant offers
a CSL or GPL+CSL licensed version for free (or for a CSL minimum
licensing fee) but an advanced version of the program or advanced
features require a commercial license.
If the source is released as open source at the same time the
Maintainer should make it clear that open source releases should not
try to rebuild the features of the program that are only available
with a commercial license (unless this is tolerable). Users are free
to make such changes and even to release them to the general public
but should be aware that this could be seen as impolite and may
motivate a change of the business model.
CSL/75
The CSL/75 allows the development team to retain up to 25% of the
revenues. The purpose is to accomodate developers who would be
scared away by the prospect of donating 90% of their revenues. The
use of the money must follow the established policies of the
Licensor (the reseller) as in the standard version.
CSL/50
The CSL/50 allows the development team to retain up to 50% of the
revenues. The purpose is to extend the CSL/75 and to allow licensing
fees for commercial third party software components included with
the Work or Derivative Works. The additional 25% of the revenues
must be used solely for licensing fees of such software components
and must follow the established policies of the Licensor (the
reseller). A Licensor could, for instance, regulate what constitutes
inappropriate licensing fees.
Open source
An open source variant (OSCSL) could change the section "Source
distribution" to:
The Licensor makes the Work available in Object form and in
Source form. The Licensee is granted the right to distribute the
Work or Derivative Works in Source form to third parties.
Distribution in Source form does not constitute a right of use
for the Work in Object form for the recipient.
Electronic Publishing Charity Source License (EPCSL)
An "electronic publishing" version of the CSL could allow an author
to release a book, a piece of music or another work under a license
similar in goal to the CSL. An important difference is that a
published work is likely to be completed and not to require
maintenance.
A single author could be eligible to receive 10% of the revenues of
his works or up to 30%, if below $3500/month. Furthermore an author
could be eligible to consume up to 30% of the revenues of his works
for future projects at the average rate of previous payments over
the last 5 years (or less, at the author's option) if revenues of
currently sold works fell below the average rate of previous payments.
Wikibooks could be treated like software projects and be published
under the original CSL, not the EPCSL. That could put the PDF form
under the CSL while the original Wiki source code would remain
available under whatever license was used for the form (e.g. GFDL
<http://wiki.laptop.org/go/GFDL> or Creative Commons
<http://wiki.laptop.org/go/Creative_Commons>).
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