[License-review] Request for Approval of NO NONSENSE OPEN SOURCE LICENSE

Love Nystrom love.nystrom at gmail.com
Fri Jun 8 06:32:49 UTC 2012


Best Colleagues,

I submit a request for OSI review and approval of this "No Nonsense Open 
Source License".

This license is a direct derivative of the BSD 3-clause license, with 
the addition
of a 4th clause specifically prohibiting a 3rd party to charge for the 
original work.

There is good reason for such a clause, in light of some horrific 
examples seen
recently in the Open Source software community, where a 3d party have 
charged
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 
only.

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.

Best Regards
     B.O.Love Nystrom
     Senior software engineer
     Independent Software Developers

The preliminary text of the license template follows, expecting the 
following substitutions:

<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 
modification,
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 
notice,
     this list of conditions and the following disclaimer in the 
documentation
     and/or other materials provided with the distribution.

(*) Neither the name of <OWNER/ORGANIZATION> nor the names of it's 
contributors
     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 
party
     demands payment for work that he/she/they have given away for free.

DISCLAIMER:

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
ARE DISCLAIMED.

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 
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 WORK, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

[End of License Template]


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