michael@0: BSD Protection License michael@0: February 2002 michael@0: michael@0: Preamble michael@0: -------- michael@0: michael@0: The Berkeley Software Distribution ("BSD") license has proven very effective michael@0: over the years at allowing for a wide spread of work throughout both michael@0: commercial and non-commercial products. For programmers whose primary michael@0: intention is to improve the general quality of available software, it is michael@0: arguable that there is no better license than the BSD license, as it michael@0: permits improvements to be used wherever they will help, without idealogical michael@0: or metallic constraint. michael@0: michael@0: This is of particular value to those who produce reference implementations michael@0: of proposed standards: The case of TCP/IP clearly illustrates that freely michael@0: and universally available implementations leads the rapid acceptance of michael@0: standards -- often even being used instead of a de jure standard (eg, OSI michael@0: network models). michael@0: michael@0: With the rapid proliferation of software licensed under the GNU General michael@0: Public License, however, the continued success of this role is called into michael@0: question. Given that the inclusion of a few lines of "GPL-tainted" work michael@0: into a larger body of work will result in restricted distribution -- and michael@0: given that further work will likely build upon the "tainted" portions, michael@0: making them difficult to remove at a future date -- there are inevitable michael@0: circumstances where authors would, in order to protect their goal of michael@0: providing for the widespread usage of their work, wish to guard against michael@0: such "GPL-taint". michael@0: michael@0: In addition, one can imagine that companies which operate by producing and michael@0: selling (possibly closed-source) code would wish to protect themselves michael@0: against the rise of a GPL-licensed competitor. While under existing michael@0: licenses this would mean not releasing their code under any form of open michael@0: license, if a license existed under which they could incorporate any michael@0: improvements back into their own (commercial) products then they might be michael@0: far more willing to provide for non-closed distribution. michael@0: michael@0: For the above reasons, we put forth this "BSD Protection License": A michael@0: license designed to retain the freedom granted by the BSD license to use michael@0: licensed works in a wide variety of settings, both non-commercial and michael@0: commercial, while protecting the work from having future contributors michael@0: restrict that freedom. michael@0: michael@0: The precise terms and conditions for copying, distribution, and michael@0: modification follow. michael@0: michael@0: BSD PROTECTION LICENSE michael@0: TERMS AND CONDITIONS FOR COPYING, DISTRIBUTION, AND MODIFICATION michael@0: ---------------------------------------------------------------- michael@0: michael@0: 0. Definitions. michael@0: a) "Program", below, refers to any program or work distributed under michael@0: the terms of this license. michael@0: b) A "work based on the Program", below, refers to either the Program michael@0: or any derivative work under copyright law. michael@0: c) "Modification", below, refers to the act of creating derivative works. michael@0: d) "You", below, refers to each licensee. michael@0: michael@0: 1. Scope. michael@0: This license governs the copying, distribution, and modification of the michael@0: Program. Other activities are outside the scope of this license; The michael@0: act of running the Program is not restricted, and the output from the michael@0: Program is covered only if its contents constitute a work based on the michael@0: Program. michael@0: michael@0: 2. Verbatim copies. michael@0: You may copy and distribute verbatim copies of the Program as you michael@0: receive it, in any medium, provided that you conspicuously and michael@0: appropriately publish on each copy an appropriate copyright notice; keep michael@0: intact all the notices that refer to this License and to the absence of michael@0: any warranty; and give any other recipients of the Program a copy of this michael@0: License along with the Program. michael@0: michael@0: 3. Modification and redistribution under closed license. michael@0: You may modify your copy or copies of the Program, and distribute michael@0: the resulting derivative works, provided that you meet the michael@0: following conditions: michael@0: a) The copyright notice and disclaimer on the Program must be reproduced michael@0: and included in the source code, documentation, and/or other materials michael@0: provided in a manner in which such notices are normally distributed. michael@0: b) The derivative work must be clearly identified as such, in order that michael@0: it may not be confused with the original work. michael@0: c) The license under which the derivative work is distributed must michael@0: expressly prohibit the distribution of further derivative works. michael@0: michael@0: 4. Modification and redistribution under open license. michael@0: You may modify your copy or copies of the Program, and distribute michael@0: the resulting derivative works, provided that you meet the michael@0: following conditions: michael@0: a) The copyright notice and disclaimer on the Program must be reproduced michael@0: and included in the source code, documentation, and/or other materials michael@0: provided in a manner in which such notices are normally distributed. michael@0: b) You must clearly indicate the nature and date of any changes made michael@0: to the Program. The full details need not necessarily be included in michael@0: the individual modified files, provided that each modified file is michael@0: clearly marked as such and instructions are included on where the michael@0: full details of the modifications may be found. michael@0: c) You must cause any work that you distribute or publish, that in whole michael@0: or in part contains or is derived from the Program or any part michael@0: thereof, to be licensed as a whole at no charge to all third michael@0: parties under the terms of this License. michael@0: michael@0: 5. Implied acceptance. michael@0: You may not copy or distribute the Program or any derivative works except michael@0: as expressly provided under this license. Consequently, any such action michael@0: will be taken as implied acceptance of the terms of this license. michael@0: michael@0: 6. NO WARRANTY. michael@0: THIS SOFTWARE IS PROVIDED "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, michael@0: INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY michael@0: AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL michael@0: THE COPYRIGHT HOLDER, OR ANY OTHER PARTY WHO MAY MODIFY AND/OR michael@0: REDISTRIBUTE THE PROGRAM AS PERMITTED ABOVE, BE LIABLE FOR ANY DIRECT, michael@0: INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES michael@0: ARISING OUT OF THE USE OR INABILITY TO USE THE PROGRAM (INCLUDING, BUT michael@0: NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF michael@0: USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND michael@0: ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR michael@0: TORT, EVEN IF SUCH HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE michael@0: POSSIBILITY OF SUCH DAMAGES.