Subject: Re: Use Reciprocal Public License or new license
From: Ernest Prabhakar <Prabhaka@apple.com>
Date: Fri, 19 Mar 2004 13:34:14 -0800

On Mar 19, 2004, at 1:12 PM, Fearn, Paul A./Urology wrote:
> Thanks for the feedback. I am specifically looking to
>
> 1. advertise OSD compliance (use the OSI Certification Mark)
> 2. do the right thing by the community

Well, someone official will have to comment on the threshold issue.  
However, it (naively) looks as if the [including Licensor] clause is 
intended as a clarification, rather than an substantive change.  Is 
that correct?

If that's the case, perhaps you can ask your lawyers whether you can 
just post a clarification of your intent alongside the license, rather 
than modifying the actual license.  That would perhaps allow you to use 
the RPL as is. My recollection from this list is that simply changing 
names of the 'templated' form of the license doesn't affect OSD 
compliance.  However, in some cases you may need to check with the 
original author of the license to get permission, since not all open 
source licenses are -themselves- open source.

-- Ernie P.
IANAL, TINLA, etc.

>
> Regards,
> Paul
>
> -----------------------------
>
> Do you want your new license posted on our website, and the ability to
> advertise OSD compliance? Are you participating in contractual
> agreements that require OSD compliance?  Do you want the original RPL
> authors to adopt your changes?  Or do you just want the warm fuzzy
> feeling that you're doing the right thing by the community?
>
> -----Original Message-----
> From: Ernest Prabhakar [mailto:Prabhaka@apple.com]
> Sent: Friday, March 19, 2004 2:01 PM
> To: Fearn, Paul A./Urology
> Cc: license-discuss@opensource.org
> Subject: Re: Use Reciprocal Public License or new license
>
>
> Hi Paul,
>
> On Mar 19, 2004, at 7:29 AM, Fearn, Paul A./Urology wrote:
>
>> After reviewing the existing approved licenses, our
>> team thought the Reciprocal Public License 1.1 meets
>> our needs, however our industrial affairs team wanted
>> to make some small changes.
>>
>> Could you let me know if these 4 changes are reasonable,
>> or if we need to go through the new license approval process?
>
> Well, I think that's two different questions.
>
> The changes certainly seem reasonable, and making it more
> explicit/symmetric by saying "including Licensor" shouldn't hurt OSD
> compliance.
>
> However, I don't know the threshold for when the OSD board needs to
> make an affirmative statement.  I suppose it depends on what you're
> looking for.
>
> Do you want your new license posted on our website, and the ability to
> advertise OSD compliance? Are you participating in contractual
> agreements that require OSD compliance?  Do you want the original RPL
> authors to adopt your changes?  Or do you just want the warm fuzzy
> feeling that you're doing the right thing by the community?
>
> -- Ernie P.
> IANAL, TINLA, etc.
>
>
>>
>> Thanks,
>> Paul Fearn
>> ------------------------------------
>>
>> Reciprocal Public License
>> Version 1.1, November 1, 2002
>>
>> -------------------------------------
>> 1. Does the copyright statement at top of license need to stay as
>>
>> "Copyright (C) 2001-2002
>> Technical Pursuit Inc.,
>> All Rights Reserved."
>>
>> or should it be changed to this?
>>
>> "Copyright (C) 2004
>> Caisis Team, Memorial Sloan-Kettering Cancer Center,
>> All Rights Reserved."
>>
>> ------------------------------------
>>
>> 2. In Preamble paragraph 2, our industrial affairs team wanted to add
>> the "including Licensor" phrase after "third parties"? Would this
>> require creating a new license?
>>
>> "This License is based on the concept of reciprocity. In exchange for
>> being granted certain rights under the terms of this License to
>> Licensor's Software, whose Source Code You have access to, You are
>> required to reciprocate by providing equal access and rights to all
>> third parties [including Licensor] to the Source Code of any
>> Modifications, Derivative Works, and Required Components for execution
>
>> of same (collectively defined as Extensions) that You Deploy by
>> Deploying Your Extensions under the terms of this License. In this
>> fashion the available Source Code related to the original Licensed
>> Software is enlarged for the benefit of everyone.
>>
>> --------------------------------------
>>
>> 3. In Preamble item c from this section
>> "Under the terms of this License You may:," the group also wanted to
>> add the "including Licensor" phrase.
>>
>> "c. Create Extensions to the Licensed Software consistent with the
>> rights granted by this License, provided that You make the Source Code
>
>> to any Extensions You Deploy available to all third parties [including
>
>> Licensor], under the terms of this License, document Your
>> Modifications clearly, and title all Extensions distinctly from the
>> Licensed Software."
>>
>> --------------------------------------
>> 4. Are these changes to Exhibit A correct?
>>
>> Copyright (C) 1999-2004  P.Alli,  J.Fajardo,  P.Fearn, D.Kuo, K.Regan,
>
>> F.Sculli ("Caisis Team"), Memorial Sloan-Kettering Cancer Center,  All
>
>> Rights Reserved.
>>
>> Unless explicitly acquired and licensed from Licensor under the MSKCC
>> Software Transer Agreement("STA"), the contents of this file are
>> subject to  the Reciprocal Public License ("RPL") Version 1.1, or
>> subsequent versions as allowed by the RPL, and You may not copy or use
>
>> this file in
>> either  source code or executable form, except in compliance with the
>> terms and conditions of the RPL.
>>
>> You may obtain a copy of both the STA and the RPL (the "Licenses") at
>> http://www.cancerdb.org.
>>
>
>> license-discuss archive is at http://crynwr.com/cgi-bin/ezmlm-cgi?3
>
>
>
>
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