Subject: RE: discuss: Modified Artistic License (eNetwizard Content Application Server)
From: "Lawrence E. Rosen" <lrosen@rosenlaw.com>
Date: Fri, 30 Aug 2002 11:28:05 -0700

 Fri, 30 Aug 2002 11:28:05 -0700
I believe that the same legal effect can be obtained by using the
Academic Free License.  Have you considered it?  

The terms "derivative work" and "combined work" are defined in 17 USC
101.  

/Larry Rosen

> -----Original Message-----
> From: Robert Samuel White [mailto:webmaster@caofund.org] 
> Sent: Thursday, August 29, 2002 11:22 PM
> To: license-discuss@opensource.org
> Subject: discuss: Modified Artistic License (eNetwizard 
> Content Application Server)
> 
> 
> [ Please discuss this license.  -russ ]
> 
> 1.
> 
> http://enetwizard.sourceforge.net/license.html
> 
> 
> 2.
> 
> My license is loosely based upon the Artistic License and the 
> PHP License <http://www.php.net/license/3 0.txt>.
> 
> The Artistic License is most suitable to my wishes because I 
> wish to maintain some semblance of artistic control over the 
> package while giving the users of the package the right to 
> use and distribute the package in a more-or-less customary 
> fashion, plus the right to make reasonable modifications.
> 
> The Artistic License does not suffice because (A) I find it 
> to be written in a very complicated fashion (I don't even 
> understand some of the language contained within it); (B) it 
> was largely designed for Perl and C programmers and my 
> package is written entirely in PHP; and (C) it contains too 
> many conditions that I do not feel are necessary.
> 
> The language I have borrowed from the Artistic License 
> consists of the "Preamble" and "Definitions" sections only.  
> The "Conditions of Redistribution & Use" are largely derived 
> from the PHP License, with some modifications.  The 
> modifications under this section were designed to simply 
> "maintain some semblance of artistic control over the 
> package" and to clearly prevent misunderstandings on whether 
> or not any given file within the package has been modified 
> from its original version.
> 
> 
> 3.
> 
> I don't understand the first sentence of this section; as far 
> as I can tell, anything distributed alongside my package 
> would be fine; there should be no reason for conflicts 
> assuming that my package was not changed, or it was changed 
> in accordance with the license.
> 
> When you say "derivative works" I assume that you mean 
> altering of my package itself; this would fall under my 
> license unequivocally.  When you say "combined works" I 
> assume that you mean works that are created using my package; 
> this would fall under whatever license the user selected for 
> their own work, as long as they comply with the terms of my 
> license for my package itself.
> 
> I see no reason why any license would conflict with my own; I 
> believe that my license is very cut and dry and easy to comply with.
> 
> 
> 4.
> 
> You are welcome to post my license to the license-discuss 
> list with my identification
> 
> 
> ATT.
> 
> eNetwizard Content Application Server License
> 
> (Modified Artistic License)
> 
>  
> 
> Preamble
> 
> Copyright Robert Samuel White, 1998-2002.  All Rights Reserved.
> 
> The intent of this document is to state the conditions under 
> which eNetwizard Content Application Server ("Package") may 
> be copied, such that the author, Robert Samuel White 
> ("Copyright Holder"), maintains some semblance of artistic 
> control over the development of the Package, while giving the 
> users of the Package the right to use and distribute the 
> Package in a more-or-less customary fashion, plus the right 
> to make reasonable modifications.
> 
>  
> 
> Definitions
> 
> "Package" refers to the collection of files distributed by 
> the Copyright Holder, and derivatives of that collection of 
> files created through textual modification. 
> 
> "Standard Version" refers to such a Package if it has not 
> been modified, or has been modified in accordance with the 
> wishes of the Copyright Holder. 
> 
> "Copyright Holder" is whoever is named in the copyright or 
> copyrights for the Package. 
> 
> "You" is you, if you're thinking about copying or 
> distributing this Package.
>   
> 
>  
> 
> Conditions of Redistribution & Use
> 
> You may redistribute and use this Package, in source and 
> binary forms, with or without modification, provided that the 
> following conditions are
> met:
> 
> - Redistributions of source code must retain the original 
> copyright notices and associated comments that are included 
> at the beginning and end of each file that is distributed 
> with the Standard Version. 
> 
> - If the source code was modified in any way, each file that 
> was modified must include the statement "this file was 
> modified from its original version" along with appropriate 
> comments indicating how and why the file was modified; these 
> comments should be placed directly underneath the first 
> comment section of each file. 
> 
> - Redistributions in binary form must reproduce the above 
> copyright notice, this list of conditions and the following 
> disclaimer in the documentation and/or other materials 
> provided with the distribution. 
> 
> - The name of the Copyright Holder may not be used to endorse 
> or promote products derived from this Package without 
> specific prior written permission from the Copyright Holder. 
> 
> - The names "eNetwizard" and "eNetwizard Content Application 
> Server" must not be used to endorse or promote products 
> derived from this Package without specific prior written 
> permission from the Copyright Holder. 
> 
> - Products derived from this Package may not be called 
> "eNetwizard" -- nor may "eNetwizard" appear in their name -- 
> without prior written permission from the Copyright Holder. 
> You may indicate that your software works in conjunction with 
> eNetwizard by saying "Product for eNetwizard" instead of 
> calling it "eNetwizard Product." 
> 
> - You may not charge any fees for the Package itself. 
> 
> - Use of any form whatsoever must retain the three 
> automatically generated META tags for all HTML output; these 
> tags indicate that the page was generated by eNetwizard and 
> direct users to more information about the product. 
> 
> - Redistributions of any form whatsoever must retain the following
> acknowledgment: 
> "This product includes eNetwizard Content Application Server, 
> freely available from > <http://enetwizard.sourceforge.net>"
>   
> 
> 
>  
> 
> Disclaimer
> 
> THIS 
> SOFTWARE IS PROVIDED BY ROBERT SAMUEL WHITE "AS IS" AND ANY 
> EXPRESSED OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED 
> TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR 
> A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL ROBERT 
> SAMUEL WHITE OR ANY OF HIS CONTRIBUTORS TO THE STANDARD 
> PACKAGE 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 THIS 
> SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
> 
> 
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> 

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