Re: License-discuss Digest, Vol 146, Issue 1

Great, wonderful
itelRS24

On Tue, May 13, 2025, 12:40 PM <[email protected]>
wrote:

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>    1. Submission of PFSSL v1.0 for OSI Review and Approval
>       ([email protected])
>    2. Re: Submission of PFSSL v1.0 for OSI Review and Approval
>       (Kevin P. Fleming)
>
>
> ----------------------------------------------------------------------
>
> Message: 1
> Date: Mon, 12 May 2025 17:18:11 +0000 (UTC)
> From: [email protected]
> To: license-discuss <[email protected]>
> Subject: [License-discuss] Submission of PFSSL v1.0 for OSI Review and
>         Approval
> Message-ID:
>         <
> 170982128.104196173.1747070291446.JavaMail.zimbra@senties-martinelli.com>
>
> Content-Type: text/plain; charset="utf-8"
>
>
> Hello,
>
> I am writing to submit a new free/open source software license for review
> and approval: The Privative-Friendly Source-Shared License (PFSSL) v1.0
>
> This license aims to offer a middle ground between permissive licenses
> (such as MIT or BSD) and stronger copyleft licenses (such as LGPL or AGPL).
> It ensures compatibility with proprietary software (i.e., it is
> non-infective), while requiring source code availability, proper
> attribution, and consideration of network-based software usage.
>
>  Key details:    -  License name and version: PFSSL v1.0    -  Author:
> Myself (Rafael Senties Martinelli)    -  Compliance: The license complies
> with the Open Source Definition, including criteria such as OSD 3, 5, 6,
> and 9    -  Adoption: No projects are currently using the license; however,
> I am preparing to release some of my own software under it    -  License
> text: Provided as an attachment and available in HTML format    -  SPDX
> submission: Not yet submitted; I understand OSI approval should come first
>    I welcome your feedback and am available to clarify any details
> regarding the license or its intended use.   Thank you for your time and
> consideration, Rafael Senties Martinelli
>
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> Privative-Friendly Source-Shared License (PFSSL) v1.0
>
> Version 1, Revision 0, published on 25 April, 2025.
>
> Copyright (c) 2025 Rafael Senties Martinelli. All rights reserved.
>
> This license may be copied and shared freely, but its text must not be
> modified.
> See Clause 14 (Integrity of License Text) for more details.
>
> Introduction
>
> This license is designed to allow usage and integration with other software
> (including proprietary), while ensuring that the source code covered by
> this
> license is made available to users. It also emphasizes clear attribution
> and
> responsible reuse.
>
> Definitions
>
> - "Software" refers to the collection of files distributed under this
> license,
>   including source code, header files, scripts, configuration files,
>   documentation, artwork, and any other material included in the project.
> - "Source code" means the preferred form of the software for making
>   modifications, including build instructions, configuration files, and any
>   supporting materials required to compile, install, or run the software.
> - "Corresponding Source Code" for the Software means the Source Code of the
>   Software, including all scripts, configuration files, and other
> materials as
>   found in the Software's source distribution that are needed to compile,
>   install, and run the Software. It specifically excludes the source code
> of
>   libraries, tools, or other components that are external dependencies of
> the
>   Software and are typically obtained separately.
> - "You" refers to any individual or entity using, modifying, or
> distributing
>   the software under the terms of this license.
>
> How to Use the License
>
> To apply the Privative-Friendly Source-Shared License (PFSSL) v1.0 to a
> file or
> project, you should include the full license in your project, and a notice
> like
> the following at the top of each source file:
>
>     This file is part of [Project Name].
>
>  Copyright (c) [Year] [Your Name or Organization]
>
>  Licensed under the Privative-Friendly Source-Shared License (PFSSL) v1.0.
>  You may use, modify, and distribute this file under the terms of that
> license.
>
>  This software is provided "as is", without warranty of any kind.
>  The authors are not liable for any damages arising from its use.
>
>  See the LICENSE file located at [License location] of this project for
> details.
>
>
> Summary of Terms
>
>  1. Disclaimer of Warranty
>  2. Limitation of Liability
>  3. License Grant
>  4. Linking
>  5. Use of Header Files
>  6. Contributions
>  7. Modification Notice Requirement
>  8. Naming, Attribution, and Authorship
>  9. Trademarks
>  10. Source Code Availability
>  11. Patent Grant and Termination
>  12. Termination
>  13. Severability
>  14. Integrity of License Text
>
> 1. Disclaimer of Warranty
>
> This software is provided "as is" and without warranty of any kind,
> express or
> implied, including but not limited to the warranties of merchantability,
> fitness
> for a particular purpose, and noninfringement.
>
> 2. Limitation of Liability
>
> In no event shall the authors or copyright holders be liable for any claim,
> damages, or other liability, whether in an action of contract, tort, or
> otherwise, arising from, out of, or in connection with the software or the
> use
> or other dealings in the software.
>
> 3. License Grant
>
> You are hereby granted, free of charge, a non-exclusive, worldwide,
> royalty-free license to use, copy, modify, distribute, and sublicense this
> software, subject to the following conditions.
>
> 4. Linking
>
> You may compile, link, and use this software with any software
> (open-source or
> proprietary). If you distribute a binary or executable that links to this
> software, you are not required to release the source code of your own
> application.
>
> Note that while linking is generally permitted, the distribution of the
> Software, including when statically linked or used to provide network
> services,
> triggers source code disclosure obligations under Clause 10.
>
> 5. Use of Header Files
>
> You are permitted to import and reference the header files provided by this
> software in proprietary or closed-source software, solely for the purpose
> of
> compiling and linking against this software. This includes the use of type
> declarations, function signatures, macros, and constants.
>
> However, this permission does not extend to the incorporation of code from
> header files that implements significant logic or core functionality of the
> Software. The inclusion of such code from header files into proprietary
> software
> is not permitted under this clause, as the primary purpose of this clause
> is to
> facilitate compilation and linking, not to allow the embedding of the
> Software's operational core into a work not covered by this license.
> Trivial
> inline definitions (such as simple data accessors or basic type
> manipulation)
> are permitted.
>
> This clause is intended to prevent circumvention of the source code
> availability
> obligations under Clause 10.
>
> 6. Contributions
>
> By submitting a contribution to this software, you agree to license your
> contribution under the terms of the Privative-Friendly Source-Shared
> License
> (PFSSL) v1.0. You must have the legal right to submit the contribution and
> to
> license it under these terms.
>
> If your contribution incorporates code from other open-source projects,
> such
> incorporated code must be under terms compatible with this License. Terms
> are
> considered compatible if they do not impose obligations on the combined
> work
> that conflict with the terms of this License or are more restrictive than
> the
> obligations of this License, and if their requirements (such as
> attribution and
> license inclusion) can be fulfilled while complying with this License. When
> distributing the Software that includes such incorporated code, you must
> also
> include a copy of the original license(s) covering that code.
>
> 7. Modification Notice Requirement
>
> If you modify this software in any way, you must include the year and the
> name
> of the author of the modifications within each modified file. For clarity,
> "name of the author" in this context includes their legal name, a commonly
> used
> pseudonym, or a username that they use consistently for contributions to
> the Software.
>
> 8. Naming, Attribution, and Authorship
>
> If you distribute the Software:
>
> - Unmodified: You may retain the original name and identifiers.
> - Modified: You must take reasonable steps to effectively differentiate
> your
>   version from the original Software and to clearly indicate that it is a
>   modified version, thereby avoiding any suggestion that your version is
> the
>   original or endorsed by the original authors.
>
> Methods for achieving this differentiation include changing the name of the
> software and any public-facing identifiers (e.g., logos, binary names,
> documentation titles). If your modifications are minor (such as bug fixes
> or
> compatibility patches), providing a clear and prominent notice with the
> software stating that it is a modified derivative and not the original, or
> using versioning suffixes that indicate the modification, may be
> sufficient to
> satisfy this requirement. However, if your modifications are significant or
> could otherwise lead to confusion with the original Software, a change of
> the
> primary name and identifiers is required to avoid suggesting your version
> is the
> original, unless explicitly granted permission by the upstream authors.
>
> In all cases, you must preserve all existing copyright notices and author
> attributions. You may only add new authors to reflect your contributions.
>
> You may not use the name of the original authors or contributors to
> endorse or
> promote products derived from this software without prior written
> permission.
>
> Notwithstanding the above, the original authors retain the right to
> request that
> any distributor or user of a modified version cease using the original
> name and
> logo of the Software. Upon receiving such a request, the distributor or
> user
> must cease all use of the original name and logo within a reasonable
> timeframe.
>
> Suggestions for Attributions and Modification Tracking
>
> One suggested format for including detailed attribution and tracking
> contributions within individual source files is as follows:
>
>     This file is part of [Project Name].
>
>  Copyright (c)  [200X-20XX] [Creator Name or Organization]
>  Copyright (c)  [20YY-20YY] [Maintainer 1, Maintainer 2]
>
>  Licensed under the Privative-Friendly Source-Shared License (PFSSL) v1.0.
>  You may use, modify, and distribute this file under the terms of that
> license.
>
>  This software is provided "as is", without warranty of any kind.
>  The authors are not liable for any damages arising from its use.
>
>  See the LICENSE file located at [License location] of this project for
> details.
>
>  Contributions to this file by year:
>     20XY: Person 1, Person 7, Person 9
>     20XX: Person 1, Person 2, Person 3
>
> This format clearly distinguishes between the main authors or maintainers
> of the
> file and contributions made by others over time. By listing contributions
> concisely, typically by year and name, the format helps keep the file
> header
> manageable even in projects with a large number of contributors, without
> becoming
> overly verbose. When making modifications, you should update the relevant
> attribution information in the file header, such as copyright years or
> adding
> your name to the list of contributors for the current year, in accordance
> with
> Clause 6.
>
> 9. Trademarks
>
> This License does not grant you any rights to use any trademarks, service
> marks,
> or logos associated with the Software. Any use of such marks must comply
> with
> applicable trademark law and be subject to separate permission from the
> owner of
> the marks.
>
> 10. Source Code Availability
>
> The terms for making source code available depend on whether the Software
> has
> been modified. For the purposes of this clause, "Origin" refers to the
> primary
> source or location where the Software was obtained under this License
> (e.g., a
> specific URL, a package repository, or a defined distribution channel).
>
> If you Distribute the Software, or use the Software to provide services
> over a
> network (such as web applications, SaaS platforms, or APIs), you must
> adhere to
> the following conditions:
>
> Note on Package Manager Distribution: If the Software is distributed as a
> package manager dependency, and the metadata of that package clearly
> specifies
> the Origin from which the Corresponding Source Code can be obtained, this
> method
> of distribution is generally considered to fulfill the requirement of
> specifying
> the Origin under this section (a).
>
> a) If the Software has NOT been Modified:
>
> You are not required to provide the Corresponding Source Code with the
> distribution or network service. Instead, you must clearly specify the
> Origin
> from which the recipient or user can obtain the Corresponding Source Code
> of the
> unmodified Software.
>
> a.1) Fallback Source Availability:
>
> If the specified Origin for the unmodified Software subsequently becomes
> unavailable or no longer provides the Corresponding Source Code, and if the
> method by which the Origin was specified did not guarantee that recipients
> automatically received the Corresponding Source Code with their copy of the
> Software, then you must then make the full Corresponding Source Code of the
> unmodified Software available to recipients of any future distributions or
> users
> of any future network interactions of the work that includes the Software,
> and
> also to any party who previously received the work (or interacted with the
> service) and requests the source code after the original Origin is no
> longer
> available.
>
> b) If the Software has been Modified:
>
> You must make the full Corresponding Source Code of the Modified Software
> available to the recipient or users interacting with the service. The
> Corresponding Source Code must be complete and in a form that can be
> compiled
> and used to recreate and run the Modified Software, assuming a standard
> development environment with commonly available system libraries and
> external
> dependencies. The build instructions included in the Corresponding Source
> Code
> should clearly identify any necessary external dependencies and how they
> can be
> obtained, but the source code for these external dependencies does not
> need to
> be included. The method of making the Corresponding Source Code available
> should
> be reasonable and not impose undue burdens on the recipient (e.g.,
> providing a
> download link or including it with the distribution).
>
> c) Failure to Comply with Source Availability:
>
> If you are required to provide the Corresponding Source Code under section
> a.1)
> (Fallback Source Availability for unmodified Software) or section b) (If
> the
> Software has been Modified), and you fail to provide that source code as
> required by the relevant section, you must cease all further distribution
> and
> use of the Software (as part of the larger work or service) until you are
> able
> to comply with that section's requirements.
>
> 11. Patent Grant and Termination
>
> Subject to the terms and conditions of this license, the upstream authors
> hereby
> grant you a non-exclusive, worldwide, royalty-free patent license, to make,
> use, sell, offer for sale, import, and otherwise run, modify, and
> distribute
> this software, solely to the extent that such activity would otherwise
> infringe
> a patent owned or controlled by the upstream authors, that is necessarily
> infringed by the use or distribution of this software as permitted by this
> license.
>
> If you initiate patent litigation (including a cross-claim or counterclaim
> in a
> lawsuit) alleging that this software or a contribution incorporated within
> it
> infringes a patent, then your rights under this license shall terminate
> immediately.
>
> 12. Termination
>
> Your rights under this License will terminate automatically if you fail to
> comply with any term of this License.
>
> If your breach of this License is curable, your rights will be reinstated
> if you
> cure the breach within 30 days of becoming aware of the breach.
>
> However, if your breach is a deliberate and significant violation of your
> obligations, your rights under this License will terminate immediately and
> permanently.
>
> Provisions which, by their nature, should survive termination of this
> License
> shall survive termination, including but not limited to Clauses 1
> (Disclaimer
> of Warranty), 11 (Patent Grant and Termination - for past litigation), and
> this
> Clause 12.
>
> 13. Severability
>
> If any provision of this License is held to be invalid, illegal, or
> unenforceable in any respect, that invalidity, illegality, or
> unenforceability
> shall not affect the validity, legality, or enforceability of the remaining
> provisions, and the license shall be construed as if the invalid, illegal,
> or
> unenforceable provision had never been contained herein.
>
> 14. Integrity of License Text
>
> You may distribute this license along with the software, but you may not
> alter
> or remove the license text itself.
>
> Any copy of the software must be accompanied by the complete text of this
> license, included in a form that is readily accessible to the recipient and
> which preserves the original content and terms of the license without
> alteration. This permits including the license text within documentation
> files,
> software packages, or other standard distribution formats, provided the
> full
> text is present and its substance is not changed.
>
> ------------------------------
>
> Message: 2
> Date: Tue, 13 May 2025 07:39:00 -0400
> From: "Kevin P. Fleming" <[email protected]>
> To: [email protected]
> Subject: Re: [License-discuss] Submission of PFSSL v1.0 for OSI Review
>         and Approval
> Message-ID: <[email protected]>
> Content-Type: text/plain; charset="utf-8"
>
> On Mon, May 12, 2025, at 13:18, [email protected] wrote:
> >
> > Hello,
> >
> > I am writing to submit a new free/open source software license for
> review and approval: The Privative-Friendly Source-Shared License (PFSSL)
> v1.0
>
> Please take a few moments to review the "License review process" page at
> https://opensource.org/licenses/review-process.
>
> In particular the submission needs to be sent to the license-view list if
> your goal is to seek approval and not just generate discussion, and you'll
> need to provide more information:
>
> **In addition to the information required for a legacy license**, the
> license submitter must:
>
>  • Describe what gap not filled by currently existing licenses that the
> new license will fill.
>  • Compare it to and contrast it with the most similar OSI-approved
> license(s).
>  • Describe any legal review the license has been through, including
> whether it was drafted by a lawyer.
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> ***********************************************
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