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Date:      Tue, 23 Feb 1999 10:08:10 -0600 (CST)
From:      Licia <licia@o-o.org>
To:        "Jordan K. Hubbard" <jkh@zippy.cdrom.com>
Cc:        freebsd-chat@FreeBSD.ORG
Subject:   Re: reviewers for a free software license 
Message-ID:  <Pine.BSF.4.05.9902230948390.23200-100000@o-o.org>
In-Reply-To: <61961.919737106@zippy.cdrom.com>

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On Mon, 22 Feb 1999, Jordan K. Hubbard wrote:
> > Would anyone care to review a software license I and a friend are working on?
> > The goal is to present the basic ideas in a Berkeley style license in a
> > simple text file that people can simple include with their work or refer
> > to by name/url the way they can with the GPL and Artistic licenses.
> 
> I like the basic idea of encapsulating the sentiments of the Berkeley
> license in a "simple text file", however I don't see one of those
> here. :-)
> 

I think I miscommunicated when I used that phrase.  :)  You see I believe that
the actual keys to the GPL's popularity are such factors as ease of use,
formality, and appearance of legitimacy.  When I say a simple text file, I
don't mean the content of the file.  I mean that someone can use the license
by simply copying it to their license.txt file, and placing a note or two in
the source and documentation that the material is UFL'ed the way they can now
with the GPL.

What we're trying to do is create a license that is not limited to software,
achieves the same basic goals as the Berkeley style license, but is easier
for the average lazy person to use and feel comfortable with.

(we are not necessarily opposed to the GPL and this license is not intended
 to combat it.  This is simply an attempt to create a friendly license that
 achieves something different.  We refer to the GPL mainly as a 'success
 model' to follow :) 

> My definition of a simple text file which conveyed the "basic ideas"
> of the BSDL would be:
> 
> The Universal Simple License
> ----------------------------
> The following materials are copyright (C) Joe Blow, 1999 and may be
> used, modified and redistributed in any form for any purpose provided
> that the following provisions are strictly adhered to:
> 
>      Do not remove or modify the text of this license agreement
>      or attempt to assert authorship for unmodified portions of
>      the code.  The author is giving you the code, grant them at
>      least due credit for it in return.
> 
>      The author assumes no liability whatsoever for this code.  You
>      break it, you fix it, and what you see here you use entirely at
>      your own risk.
> 
> That's 97 words, including "(C) Joe Blow, 1999", text which would
> obviously get longer if you covered more years or shorter if your name
> was something like "Prince."  A license in 100 words or less is the
> kind of license I like to see!
> 

This covers all the same ideas, but honestly if we were to do it along
these lines, I would copy the BSL verbatim (if I could figure out who owns
is and get their permission :) ) with just the changes needed to make it
apply to non-software, and to be generic enough for people to say "this
package is covered by the BSL".

We're attempting to achieve the other goal as well though, which is
formality.  Saying everything clearly and with no confusion, as well
as putting in words things people worry about with the BSL such as
"if I use the BSL then someone else can make my code not be free!" and
"Oh no, The Evil Ones will relicense my code as GPL!!!!" without changing
the actual meaning of the license :)

> For a rather more extreme example of this, those of you who keep track
> of such things may also have noticed the "license" I very deliberately
> used for the ports collection mechanism itself (in bsd.port.mk):
> 
>        #       bsd.port.mk - 940820 Jordan K. Hubbard.
>        #       This file is in the public domain.
> 
> .. the intention being to try and get the other *BSDs at least to
> adopt it (Linux would be nice, but Berkeley make is a special hurdle
> for them).
> 
> That whole process took a little longer than some people might have
> hoped for, but if there were any impediments to progress that people
> complained about during the process, the license was never raised as
> one of them and I rather liked that.  Considering how much free
> software people love to screech in 3 different keys about this kind of
> thing in any pan-OS effort, you might even consider it "fucking
> amazing" that nobody complained.  Sometimes a simple license really
> does have its merits. :-)
> 
> Anyway, going PD might be a bit too far for some, but I think the
> "USL" I suggested above might find some adherents.  I find the
> burgeoning trend towards "empty legalese which only sounds impressive"
> in software licenses to be rather disturbing, personally, and I think
> some of us are aping it only because it "seems like the safe thing to
> do" when you're out looking for some boilerplate text.  Ugh. :-)
> 
> - Jordan
> 

I would love to live in a world that made it safe to release things into the
public domain on a regular basis :)  I tend to think of the BSL as "PD with
protection" and like it a lot for my own works, as unworthy as they may be :)

We're not actually trying for any form of impressive sounding legalese, but
aiming for a certain degree of formality in our text to specify things clearly
and without any doubt or confusion.  Something around the level of Larry
Wall's artistic-license, though we're not as good at it as he is, though with
BSL intentions.

Our third goal, 'legitimacy' is a more difficult one, and will require that
I pay a lawyer when we're all done to get this 'authenticated' and then find
some established group to donate the entire thing to, to get my name out of it
:)

I'm sorry, I'm babbling a bit :)  I updated the ufl a small bit based on the
feedback we've received so far, although it's only perhaps a 5% change...
still here's hoping for more feedback, detailed suggestions, etc :)


     [ licia@o-o.org ] [ http://www.o-o.org/~licia/ ] [ Alias : Ladywolf]
     [ Telnet to o-o.org and log in as bbs ]    [ ssh -l bbs -C o-o.org ]
     [        A happy user of FreeBSD : http://www.freebsd.org/         ]

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