+
+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.
+
+
+
+which there is a
+ Sensible Mechanism can be
+
+(to the Other Work publicly and freely available.
+
+ (a) (from `AGPL version 1')
+ If the Program as you received it is intended to
+ interact with users through a computer network and if,
+ in the version you received, any user interacting with
+ the Program was given the opportunity to request
+ transmission to that user of the Program's complete
+ source code, you must not remove that facility from
+ your modified version of the Program or work based on
+ the Program, and must offer an equivalent opportunity
+ for all users interacting with your Program through a
+ computer network to request immediate transmission by
+ HTTP of the complete source code of your modified
+ version or other derivative work.
+
+
+DRAFT --- Ian Jackson 10.5.1999