-this is the case. I'm perfectly happy for non-GPL'd software to refer
-to adns in its source code or executables (eg, dynamic linking).
-However, if you distribute adns yourself then whether a program which
-uses it needs also to be GPL'd depends on the interpretation of the
-`work as a whole' and `mere aggregation' parts of the GPL.
-
-Whether you are distributing a `work as a whole' might depend on many
-things, but they key one to me is what the appearance is to a user.
-If the user knows that they are getting a collection of software
-rather than a single product, then it's probably an aggregation which
-works together. So, you can distribute both your (i) non-GPLd program
-source and/or binaries and (ii) adns source code or even binaries
-(provided the adns source is available as per the GPL), eg from your
-website, provided the user can tell that these are separate works and
-can tell which parts are which.
-
-But, if you package your program and adns together so that the user is
-no longer aware of adns as a separate work, then I think you are
-distributing a `work as a whole', and the whole work including adns
-and your software which depends on it must be GPL'd. This is of
-course not a problem if your non-GPL licence is GPL-compatible (see
-the next section): it just means that _when the whole lot is shipped
-together as one work_ it is covered by the GPL. People who wish to
-make proprietary works based on just your code can do so, provided
-they (or you) arrange for something to fill the hole left by the lack
-of adns.
-
-
-3. GPL-incompatible free software licences
-------------------------------------------
-
-Regrettably, there are a number of free software licences (and
-semi-free licences) in existence which are not compatible with the
-GPL. That is, they impose restrictions which are not present in the
-GPL, and therefore distributing a whole work which contains such a
-program and a GPL'd program is not possible: either the work would
-have to be distributed under the GPL (violating the restrictions made
-by the original author), or under the GPL-incompatible licence
-(violating the GPL).
-
-I may be prepared to make exceptions for such a licence. Please
-contact me at <adns-maint@chiark.greenend.org.uk> with the full text
-of the GPL-incompatible licence. However, I would prefer it if you
-could use a GPL-compatible licence for your project instead.
-
-There are a couple of common extra restrictions, and I make some
-specific extensions to my licence for adns below.
-
-
-3.1. BSD advertising clause, endorsement restriction, etc.
-
-The most notable and common extra restriction found in free software
-licences is the `obnoxious BSD advertising clause' (see Richard
-Stallman's article on the subject, available from www.gnu.org) and the
-endorsement restriction.
-
-The problem with the advertising clause isn't that the sentence
-required, referring the the Regents of the UC Berkeley, is awkward.
-The problem is that if everyone contributing to a large project gets
-such a mention the number of sentences required becomes very large;
-however, it is unfair for some people to get credit and others not to.
-
-I disapprove of these clause, but I recognise that it may be difficult
-for some people to get them removed from particular programs. The
-other clauses are also arguable.
-
-
-3.2. `Hosting service' restriction (eg, Affero GPL)
-
-The additional restriction in the AGPL v1 (section 2d) seems
-reasonable to me, in the circumstances.
-
-
-3.3. Licence extension
-
-So, I hereby make an extension to my licence for adns (`the Original
-Work' in the text below).
-
-
- LICENCE DEROGATION
- ------------------
-
- (A) Introduction:
-
- (i) The GNU GPL version 2, section 2b, and the later parts of
- section 2, require that certain works be licenced to all
- third parties under the terms of the GPL.
-
- (ii) As special relaxations of this requirement, described in
- detail below, the terms of this onward licence to third
- parties need not be (though they may be) exactly the terms of
- the GPLv2.
-
- (B) Preconditions:
-
- (i) There is a work (the `Original Work') which is licensed under
- the GNU GPL v2.
-
- (ii) There is a work (the `GPL'd Work'), either the same work as
- the Original Work, or derived work of the Original Work,
- which is licensed uner the GNU GPL v2.
-
- (iii) All of the copyright holders of the GPL'd Work state that
- this Licence Derogation is to apply, and what the Original
- Work is. (They may limit the Derogation to only some of the
- Allowable Extra Provisions.)
-
- (iv) The GPL'd Work is combined with another work (the Other
- Work) to make a `work as a whole', the Combined Work.
-
- (x) The Other Work is licenced free of charge to third parties;
- under the terms of a licence henceforth known as the Other
- Licence.
-
- (xi) The Other Licence is Free.
-
- (v) It would be an infringement of the copyright in the Other
- Work for you to distribute the Combined Work under the terms
- of the GNU GPL v2.
-
- (vi) There is a Resulting Licence which is the GNU GPL v2 amended
- by the addition of Extra Provisions and the relevant
- conditions from this Licence Derogation, where
-
- (viii) the Extra Provisions are some or all of the Allowable Extra
- Provisions (see below), and
-
- (x) the Extra Provisions are provisions of the Other Licence.
-
-
- (C) Permission:
-
- (i) Provided that the the conditions in this Licence Derogation
- are met, you may distribute the Combined Work under the terms
- of the Resulting Licence.
-
- (ii) When the Combined Work is distributed under the terms of the
- Resulting Licence, references to `this licence' in the text
- of the GPL v2 may be read as references to the Resulting
- Licence, or as references to the GPL v2, at your option.
-
- (D) Further Conditions:
-
- (i) All parts of the Combined Work which are (identical to, parts
- of, or derived from) the GPL'd Work can be easily separated
- out from the Whole Work's source code to form once more a
- Re-separated Work.
-
- (ii) The Re-separated Work is a version of the Original Work which
- is similar or superior in all respects (including
- completeness, functionality, quality etc.) to the Original
- Work.
-
- (iii) The Re-separated Work is licensed to third parties under
- terms identical to those under which the GPL'd Work is
- licenced to those same third parties.
-
- (iv) Copyright licences and notices which would appear to the
- reader to cover the Combined Work contain the following
- statement or an equivalent:
- Different parts of this software may be covered by
- different copying conditions. See individual source code
- files or copyright statements for details.
-
-
- (E) The Allowable Extra Provision Kinds:
-
- (i) In each of the following Kinds (`(1)' onwards), the nature of
- the Extra Provisions which are made Allowable, and the
- further conditions which must be satisfied (and which
- therefore form part of the Resulting Licence) are stated.
-
- (ii) All of the paragraphs (`(i)' onwards) stated in each Kind
- must be satisfied, for Extra Provisions to be Allowable.
-
- (1) `Obnoxious advertising clause':
-
- (i) The Extra Provisions are those of the form:
- All advertising materials mentioning features or use of
- this software must display the following acknowledgement:
- This product includes software developed by DEVELOPERS.
- and re-wordings with similar effect, where DEVELOPERS is a
- person or group associated with the development of the Other
- Work.
-
- (ii) All advertising materials mentioning features or use of the
- Combined Work must display a similar acknowledgement for
- every Identifiable Author.
-
- (iii) All distributions of the Combined Work must contain a list of
- the Identifiable Authors.
-
- (2) `Endorsement restriction':
-
- (i) The Extra Provisions are ones which restrict the use of the
- authors', copyright holders' and/or contributors' names for
- endorsement or promotion of products.
-
- (ii) The endorsement restriction(s) must benefit all of the
- natural persons and organisations with an interest in the
- Whole Work, unless those people wish otherwise.
-
- (3) `Liability limitation':
-
- (i) The Extra Provisions are ones which claim to exclude or limit
- in any way the liability, for malfunctions, failures etc. of
- the Whole Work or parts thereof, of any contributors,
- distributors, copyright holders, authors, etc. of the
- software. Provisions which seek to deny warranties, even
- implied warranties, or which otherwise seek to limit similar
- exposure(s) to risk(s), count.
-
- (ii) The protections of the Extra Provisions must be extended to
- all of the authors and distributors of the Whole Work, unless
- those people wish otherwise.
-
-
- (4) `Pointless restatements':
-
- (i) The Extra Provisions are ones which require distributions of
- the Whole Work to contain notices in source and/or binary
- distributions, and/or in the documentation and/or other
- materials provided with the distributions.
-
- (ii) The required notices must be simple truths, or restatements
- of licence provisions which actually apply to the Combined
- Work.
-
- (iii) (The author of this Licence Derogation believes that
- `pointless restatement requirements' are compatible with the
- GPLv2, since they seem to fall under the heading of an
- `appropriate copyright notice and disclaimer of warranty',
- which is already required by the GPLv2. However, this
- relaxation is provided in case of doubt.)
-
-
- (5) `Service provision - source code to users' (eg AGPL):
-
- (i) The Extra Provisions apply only
- (a) when the Other Work or Combined Work is intended to
- interact with people (`Users') through a computer network,
- or
- (b) when the Other Work or Combined Work is executed on behalf
- of a third party (the `User'),
- (or when both (a) and (b) apply).
-
- (ii) There exists a Sensible Publication Mechanism such that the
- Extra Provisions are satisfied when:
- (a) the Combined Work is made available free of charge to the
- public, by that Sensible Publication Mechanism, and
- (b) the existence and details of the Sensible Publication
- Mechanism are made known in appropriate ways to each
- User.
-
- (iii) A Sensible Publication Mechanism is a reasonable and
- convenient means for allowing members of the public
- (`Downloaders') to obtain the source code in machine-readable
- form.
-
- (iv) A Sensible Publication Mechanism is not more onerous to
- provide than a public-facing World Wide Web server.
-
-
- (F) Additional definitions:
-
- (i) A Free software licence is one which is approved both
- (a) as a Free Software licence by the Free Software
- Foundation, and
- (b) as an Open Source Licence by the Open Source Initiative.
-
- (ii) A Combining Participant includes any person:
- (a) who makes a modification to the Other Work, which is
- now included in the Combined Work, with a view to the
- creation of any work which might be a Combined Work
- according to this Licence Derogation; or
- (b) who obtains the Other Work and GPL'd work separately and
- distributes the Combined Work.
-
- (iii) An Identifiable Author is
- (a) a natural person
- (b) who contributed to the Combined Work (including without
- limitation as a work for hire)
- (c) whose identity or proper form of acknowledgement it
- reasonably practical to determine by inspection of the
- Authorship Documentation,
- (d) and who has not stated publicly that they do not wish such
- acknowledgements to be displayed.
-
- (iv) The Authorship Documentation includes all copyright notices,
- authorship notices, credits files, change logs,
- acknowledgements, and similar documentation, in the source
- code for the Original Work, the GPL'd Work, the Other Work
- and the Combined Work.
-
- (v) The Authorship Documentation also includes any communications
- received by a Combining Participant regarding authorship of
- any part of the Combined Work.
-
-
-
-
-
- (iv) A Sensible Publication Mechanism does not require any
- Downloader to provide any identification or authorisation
- other than that inherently required by the underlying
- technical mechanisms.
-
- (v) A Sensible Publication Mechanism is free of charge.
-
- (vi) A Sensible Publication Mechanism does not make any efforts to
- trace, track, cross-reference, or otherwise gain information
- about Downloaders, other than the minimum data required for
- direct technical fault-finding; any data collected shall be
- used only for direct technical fault-finding.
-
- (vii) Where a Sensible Publication Mechanism involves
- implementation of a technical communications protocol, the
- Mechanism must permit the use by Downloaders of the widest
- feasible range of standards-compliant software.
-
- (vii) For example, for download via the public World Wide Web to
- satisfy this paragraph, the HTTP server must permit downloads
- from any IP address, and it may not have any access controls,
- cookies, reverse DNS requirements, registration forms, adult
- checks, authorisation codes, email confirmations, URL
- session-ids, browser restrictions, JavaScript, Java, Flash,
- and must use the most conservative possible HTML, and the
- webserver logs must contain the least possible information
- and be expired quickly.
-
-DRAFT
-
-, or to pay anyone any
- money.