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
    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.


    The difference in philosophy between CSL and open source in a
    nutshell is that CSL is about prevention while open source is about

        Terms and conditions for use, reproduction and distribution


        "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

        "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 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. 


        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. 


        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

            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. 


          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.


    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.


    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

    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

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