[License-review] Request for Approval of NO NONSENSE OPEN SOURCE LICENSE
love.nystrom at gmail.com
Fri Jun 8 06:32:49 UTC 2012
I submit a request for OSI review and approval of this "No Nonsense Open
This license is a direct derivative of the BSD 3-clause license, with
of a 4th clause specifically prohibiting a 3rd party to charge for the
There is good reason for such a clause, in light of some horrific
recently in the Open Source software community, where a 3d party have
100s of dollars for open source software, with little or no derivative
efforts of their own.
I feel the BSD license is "short, sweet, and to the point", and
therefore a good starting point,
but none of the licenses I've reviewed address the issue of 3rd parties
extracting economic profit
from work that's been freely given by it's original author(s). Quite
contrary, all the existing licenses
seem to explicitly or implicitly permit 3rd parties to sell work not of
their own making.
I believe this to be very wrong.
The new 4th clause permits a 3rd party to charge for their own efforts
That is, they may e.g. charge proportionally to the ratio of their own
work to the extent of
the original work, for their own derivative work, when they include the
original work in their own,
or, extract a reasonable fee for media and shipping if they send
physical copies to a 3rd party, & c..,
but they may not charge for the original work itself without written
permission from the original author(s).
The BSD license has also been re-phrased slightly, replacing "software"
with the more generic "work",
in an attempt to make it applicable to a wider audience of authors.
The 3rd clause, governing endorsement, may be optional, at the
discretion of the author(s),
as with the current BSD license.
It is my hope that the review process can actually make the text of the
4th clause a bit shorter,
while still retaining the clarity of intent.
Senior software engineer
Independent Software Developers
The preliminary text of the license template follows, expecting the
<OWNER> = Identification of the author(s)/owner(s)
<ORGANIZATION> = His/her/their organization, if applicable
<YEAR> = Release year of the work
[Begin License Template]
NO NONSENSE OPEN SOURCE LICENSE
Copyright (c) <YEAR>, <OWNER>
All rights reserved.
Redistribution and use in source and binary forms, with or without
are permitted provided that the following conditions are met:
(*) Redistributions of source work must retain the above copyright notice,
this list of conditions and the following disclaimer.
(*) Redistributions in binary form must reproduce the above copyright
this list of conditions and the following disclaimer in the
and/or other materials provided with the distribution.
(*) Neither the name of <OWNER/ORGANIZATION> nor the names of it's
may be used to endorse or promote products derived from this work
without specific prior written permission.
(*) You may not demand payment for this work, except for Your own efforts.
That is, You may e.g. charge for Your own efforts if You include this
work in derivative works of Your own, or You may extract a reasonable
charge for the distribution media and mailing cost if You send a disk
containing the work to a 3rd party, but You may not charge for the
work itself without written permission from the original author(s).
The original author(s) of this work believes it very wrong if a 3rd
demands payment for work that he/she/they have given away for free.
THIS WORK IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS"
AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE
IN NO EVENT SHALL THE COPYRIGHT HOLDER OR CONTRIBUTORS BE LIABLE FOR ANY
DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES
(INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR
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 WORK, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
[End of License Template]
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