Re: Draft for discussion: Project Tick General Public License v2.0 (only)
Bruce Perens via License-discuss <[email protected]> Sun, 25 Jan 2026 09:47:46 -0800
| Newsgroups | gmane.comp.licenses.open-source.general |
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| Message-ID | <CAK2MWOtP+6AYciO4r7YD7tdDw-f5ZwWdY1aNwPyTnss5eNkxWA@mail.gmail.com> |
--===============8058193761554604737== Content-Type: multipart/alternative; boundary="000000000000b7beb1064939fd52" Content-Transfer-Encoding: 7bit --000000000000b7beb1064939fd52 Content-Type: text/plain; charset="UTF-8" Content-Transfer-Encoding: quoted-printable Once the submitter stated that he did not intend to use an attorney for drafting, preferring community review, I turned out. Bruce Perens K6BP On Sat, Jan 24, 2026, 15:23 Pamela Chestek <[email protected]> wrote: > This license is a good example of why it is highly unlikely that a licens= e > not written by a lawyer can be approved. Legal writing is very formulaic > with a number of interpretive principles applied when they are written. I= f > you are not familiar with these principles and following standard draftin= g > practices, there is a high risk that the legal document will not function > as intended. I did not read much past the definitions section and spotted > many, many drafting problems. > > I am looking at the version of the license you submitted to > license-discuss on January 21 at 10:10 am PST; there are so many versions > I'm not sure what's what. I see that the one you just submitted to > license-review appears substantially different but I haven't looked at th= at > license. > > In terms of drafting problems, first, a preamble is to provide context fo= r > interpretation of the operative terms of the agreement. When an agreement > is well-drafted, the preamble does not have any operative terms in it. Th= e > reason is when you say the same thing twice, once in the preamble and the= n > in the terms, you have almost surely created a loophole or ambiguity. The > preamble is also not a place to explain what you're trying to do - what > you're trying to do should be clear from the terms of the agreement. If y= ou > have to explain what you are trying to do in the preamble, then there may > be something wrong with how you've written the terms. > > With that context, your preamble is problematic. As an easy example, you > grant a patent license in the preamble, stating "Each contributor to a > covered Work grants a non-exclusive, worldwide, royalty-free patent licen= se > ..." and also grant a license in section VIII. Undoubtedly these two gran= ts > can be interpreted in different ways because anytime you say things twice= , > unless they are *exactly* the same, you created the potential for two > different interpretations. As another example, you say in the preamble > "this License does not impose any obligation to distribute future version= s > of a Work under the same terms." However, in Section III(c) you say "You > must license the modified Work, as a whole, under this License ..." Isn't= a > "future version" also a "modified Work"? So which is correct? > > You have even blurred the line between operative terms and the preamble i= n > your own questions. Below you say > > 1. Explicit opt-in for network-based source obligations > > Relevant text: > > This License does not require network-based source disclosure > > unless the copyright holder has expressly chosen to enable such > > obligations by an Explicit Network Use Notice. > > > =E2=80=9CExplicit Network Use Notice=E2=80=9D means a clear and promine= nt notice > > placed by the copyright holder stating that operation of the Work > > through a computer network shall be treated as conveying for the > > purposes of source availability. > > > The text you quote, "This License does not require ...", is in the > preamble. It is immediately followed by the sentence "The binding terms > governing use, modification, and conveyance of covered Works are set fort= h > below." So you have quoted a part of the agreement that isn't a operative > term for your statement that there isn't a requirement to disclose source > code unless one opts in. > > When I dig deeper and try to figure how this requirement is manifested in > the actual terms of the agreement, it's anything but clear. There is > something called an "Explicit Network Use Notice" where,"If the Work, or = a > modified version of the Work, is operated primarily for the purpose of > providing its functionality or output to third parties through a computer > network, including via hosted, remote, or internet-accessible services, > such operation may be treated as conveyance solely for the purpose of > triggering the source availability obligations expressly set forth in thi= s > License, where an Explicit Network Use Notice applies." There is nothing = in > the license that says where this notice is supposed to be - is it appende= d > to the license, is it in the documentation, is it on a webpage somewhere, > how is the user supposed to know whether or not they've located the > "Explicit Network Use Notice"? If this is acceptable for an open source > license at all (and I agree with Bruce that this mechanism, in effect, > means this is two different licenses, one that treats availability remote= ly > as a "conveyance" and one that does not), it is poorly implemented. > > Moving to the definitions, I stopped after the first two. > > "Compatible License" means a license that is compatible with this > License under applicable copyright law, without imposing additional > restrictions on the exercise of the rights granted under this License. > > Defining "compatible" circularly as "compatible" isn't helpful. In my > experience, license compatibility is a concept unique to open source > licenses, and I bet if you polled open source lawyers even they wouldn't > agree on exactly what it means. So this term probably needs more > explanation. > > > "Copyright" refers to laws similar to copyright that apply to other > types of Works, such as semiconductor chips. > > What, the term "Copyright" doesn't include copyright law itself, only law= s > "similar" to copyright law?? > > I didn't review all the definitions, but I assume there others have > similar flaws. > > And, although you have a definitions section, there are also multiple > definitions in at least Sections II and VIII for terms that are used > throughout the agreement. It's okay to have a definition within a section > if it's only relevant to that section (like "entity transaction" in Secti= on > VII), but if someone needs to go find a definition it should be easy to > find. > > There are numbered and unnumbered subsections. The unnumbered parts appea= r > to be explanatory material, so I question whether they belong in the > agreement at all. If they are needed, they should be numbered so they can > be easily referenced, either elsewhere in the document or when talking > about the document, as we are doing here. > > The OSI does not approve licenses that are poorly drafted, so these are > problems that have to be fixed before you submit the license for > approval. These, and many other issues, are all problems that a lawyer > skilled in drafting would avoid. > > You also asked some policy questions: > > - Explicit opt-in treatment of network-based source obligations > > This makes use and adoption of the license more challenging for several > reasons. First is practical; you haven't made it easy for a user to figur= e > out whether they have the obligation or not. Second is that adoption is > more unlikely because the compliance obligations are more complicated. Or > should the user just assume that all the works under this license have th= e > notice and meet the more stringent compliance obligations, to make their > lives simpler? In that case you've undermined your reason for relieving > them of the obligation. License compliance is already quite difficult and > you're making it harder. The OSI only approves licenses that have a > potential audience larger than just one project, and this complexity is a > strike against it. > > I also don't see the niche that this option fills. In the network context= , > if someone doesn't want to impose any compliance obligations for a networ= k > service, then use the GPL. If you want to impose them, then use the AGPL. > So what unserved need does this license fill? > > - Network operation triggers source availability only, not full conveyanc= e > > I don't know what you mean by "full conveyance." To "convey" is defined a= s > "any kind of propagation that enables other parties to make or receive > copies ...", so I don't know what "full" means in association with the wo= rd > "conveyance." > > I assume what you are trying to say is that someone providing the softwar= e > as a service over a network has a more limited set of obligations than > someone who is distributing the software. If that's the meaning, there ar= e > clearer ways to state it in the text. Your quoted language uses "source > availability obligations" without either defining it or pointing to a > section number, which creates significant interpretation problems. But I > don't see a problem with the concept under open source principles that so= me > users have fewer obligations than others, as long as the rights of the > least privileged are sufficient. > > - Service-aware definition of Corresponding Resource > > I don't see the definition of "Corresponding Resource" as narrower than > Source Code or service-aware. The definition of "Corresponding Resource" = starts > with "all Source Code required to generate, install, run, and modify the > Work, including ...." and then adds more components. The definition of > "Source Code" also has its own laundry list of parts, "includ[ing] all > files, definitions, scripts, build instructions, and materials necessary > ..." So if you are saying that someone providing the software over a > network only has to provide "Corresponding Resource," the definitions say > they have to provide the Source Code plus something more - or maybe not, > depending on the congruence of the laundry lists for the two definitions. > You also use the term "Corresponding Resource" in the definition of "User > Product," which is not a network interaction, further confusing things. S= o > I don't think you've accomplished what you were trying to accomplish. > > - Anti-gatekeeping and equal-access requirements > > I believe you go too far when you say a distributor must not condition > access on "payment, exclusive agreements, subscription status, [or] > customer classification." What this means is that the "Corresponding > Resource" must be made available to the public. This is beyond what the G= PL > requires, which is that you only have to give the source code to those wh= o > have the object code, not the public at large. You are also possibly sayi= ng > that the code has to be maintained in perpetuity because someone's "polic= y" > of deleting deprecated versions interferes with access. I think the conce= pt > is fine, but the way its been implemented is overreaching. > > - Managed platforms and technological measures > > The license says > > This Section does not prohibit the use of technical mechanisms that are > designed solely to ensure system integrity, security, authenticity, or > reliable distribution, including but not limited to secure boot > mechanisms, cryptographic signature verification, or platform-level > distribution requirements, provided that such mechanisms do not prevent > recipients from accessing, modifying, or conveying the Corresponding > Resource of the covered Work under the terms of this License. > > > I believe this is an acceptable provision and may not even go far enough. > Right now the Software Freedom Conservancy is trying to assert a right to > reinstall the software on the original device. Your requirement doesn't > assure that, but perhaps it should, with "accessing, modifying, conveying= *and > reinstalling* ...." > > To summarize, the OSI can't overlook poor quality drafting; the quality o= f > the writing is as important as the rights and obligations you are trying = to > convey because the rights and obligations can't be observed as you intend > if they aren't stated in a clear and precise way with as little ambiguity > as humanly possible. You have told us what you are trying to do with the > license, but the question is whether the language of the license actually > does what you are trying to do, and at the moment it does not. > > Finally, my comments are by no means comprehensive and are just exemplary= , > to demonstrate the kinds of problems that the document contains. I am > sympathetic to what you want to do, but this license is never going to be= a > high enough quality for the OSI to approve if you don't have it cleaned u= p > by a contract lawyer who is at least familiar with, if not highly skilled > in, open source licenses. > > Pam > Pamela S. Chestek > Chestek Legal > 4641 Post St. > <https://www.google.com/maps/search/4641+Post+St.+%0D%0A++++++Unit+4316+%= 0D%0A++++++El+Dorado+Hills,+CA+95762?entry=3Dgmail&source=3Dg> > Unit 4316 > <https://www.google.com/maps/search/4641+Post+St.+%0D%0A++++++Unit+4316+%= 0D%0A++++++El+Dorado+Hills,+CA+95762?entry=3Dgmail&source=3Dg> > El Dorado Hills, CA 95762 > <https://www.google.com/maps/search/4641+Post+St.+%0D%0A++++++Unit+4316+%= 0D%0A++++++El+Dorado+Hills,+CA+95762?entry=3Dgmail&source=3Dg> > +1 919-800-8033 > pamela@chesteklegal > www.chesteklegal.com > > > On 1/22/2026 6:07 AM, M.samet Duman via License-discuss wrote: > > Hello Bruce, > Hello all, > > Thank you for the guidance. I understand the concern about review scope > and time investment. > > Based strictly on the current PT-GPL v2 text, below are five specific > areas where the license is intended to diverge from existing copyleft > licenses. For each point, I have included only the relevant operative > language, followed by a short statement of intent. > > --- > > 1. Explicit opt-in for network-based source obligations > > Relevant text: > > This License does not require network-based source disclosure > > unless the copyright holder has expressly chosen to enable such > > obligations by an Explicit Network Use Notice. > > > =E2=80=9CExplicit Network Use Notice=E2=80=9D means a clear and promine= nt notice > > placed by the copyright holder stating that operation of the Work > > through a computer network shall be treated as conveying for the > > purposes of source availability. > > Intent: > Unlike AGPL-style copyleft, network-based obligations are not automatic. > The copyright holder explicitly decides whether network operation should > trigger source availability. > > --- > > 2. Network operation triggers source availability only, not full conveyan= ce > > Relevant text: > > Such operation may be treated as conveyance solely for the purpose > > of triggering the source availability obligations expressly set forth > > in this License, where an Explicit Network Use Notice applies. > > > This License does not require disclosure of unrelated systems, > > independent services, or proprietary infrastructure that are not > > derived from the covered Work itself. > > Intent: > This deliberately limits the legal effect of network use, avoiding > spillover into unrelated systems or services. > > --- > > 3. Service-aware definition of Corresponding Resource > > Relevant text: > > Corresponding Resource means all Source Code required to generate, > > install, run, and modify the Work, including build scripts, interface > > definitions, and supporting code specifically designed for or tightly > > coupled to the Work. > > > Corresponding Resource includes only those configuration or integration > > components that are specifically written to make the covered Work > > function as a network-accessible service, and does not include general > > infrastructure or unrelated systems. > > Intent: > This explicitly includes service glue and deployment-specific code, while > drawing a clear boundary around general infrastructure. > > --- > > 4. Anti-gatekeeping and equal-access requirements > > Relevant text: > > Any technical, contractual, procedural, or policy-based measure that > > has the effect of discouraging, delaying, conditioning, or preventing > > access to the Corresponding Resource constitutes a failure to comply > > with the requirements of this License. > > > Availability shall not be conditioned on exclusive agreements, > > non-disclosure obligations, account registration, payment, or > > acceptance of terms inconsistent with this License. > > Intent: > This addresses modern access barriers common in hosted and SaaS-style > distribution models that are not explicitly handled in GPL. > > --- > > 5. Managed platforms and technological measures > > Relevant text: > > The obligations created by this License arise exclusively from its > > operative provisions and are independent of such external constraints. > > > Technical mechanisms =E2=80=A6 are permitted provided that such mechani= sms > > do not prevent recipients from accessing, modifying, or conveying > > the Corresponding Resource of the covered Work under the terms of > > this License. > > Intent: > This generalizes anti-tivoization principles to managed and > platform-controlled environments, without prohibiting legitimate security > mechanisms. > > --- > > If this format is useful, I can extract additional points in the same way > for further discussion. > > Thank you for taking the time to review this. > > Best regards, > Mehmet Samet Duman > Author of Project Tick > > Bruce Perens <[email protected]> <[email protected]> =C5=9Funlar=C4=B1 yazd= =C4=B1 (22 Oca > 2026 06:14): > > > I would like you to extract the relevant text for each of the 5 points > you'd like feedback upon, and present the relevant and innovative text, > only, with each point. I think this would be a manageable chunk that peop= le > could look at and comment upon without taking a large part of their day. = I > don't represent anyone but me, but given the dearth of other participatio= n > so far, I am assuming that other folks would like that too. > > Thanks > > Bruce > > On Wed, Jan 21, 2026 at 3:56=E2=80=AFPM M.samet Duman <dumanmehmetsamet@i= cloud.com> > wrote: > >> Hello Bruce, >> Hello all, >> >> Thank you for the feedback. Based on it, I am sharing a revised draft of >> the Project Tick General Public License v2. >> >> To avoid unnecessary review burden, I want to be explicit about what >> feedback I am asking for and what I am not: >> >> - I am aware of the concern regarding GPL text derivation; this draft >> does not >> assert originality of expression and is presented solely to discuss >> behavioral differences, not to request approval of a new GPL variant. >> - I am not asking for a line-by-line legal review of the entire text. >> - I am not claiming originality of wording relative to GPL text. >> - I am asking whether the specific behavioral mechanisms described below >> are >> useful, redundant, or problematic from an Open Source Definition >> perspective. >> >> In particular, feedback is requested only on these points: >> >> - Explicit opt-in treatment of network-based source obligations >> - Separation of operation from conveyance as legal concepts >> - Narrow, explicit definition of Corresponding Resource for service >> deployment >> - Clear fencing of all explanatory material as non-normative >> - Absence of any ecosystem-level interpretive or compatibility authority >> >> The full draft is included below the signature for reference only, since >> the license has not yet been published elsewhere. No approval is request= ed >> at this stage. >> >> If it would be preferable, I am happy to extract and discuss only >> individual clauses in follow-up. >> >> Thank you again for the candid feedback and time. >> >> Best regards, >> Mehmet Samet Duman >> Author of Project Tick >> >> =E2=80=93=E2=80=93=E2=80=93=E2=80=93=E2=80=93=E2=80=93=E2=80=93=E2=80=93= =E2=80=93=E2=80=93=E2=80=93=E2=80=93=E2=80=93=E2=80=93=E2=80=93=E2=80=93=E2= =80=93=E2=80=93=E2=80=93=E2=80=93=E2=80=93=E2=80=93=E2=80=93=E2=80=93=E2=80= =93=E2=80=93=E2=80=93=E2=80=93=E2=80=93=E2=80=93=E2=80=93=E2=80=93=E2=80=93= =E2=80=93=E2=80=93=E2=80=93=E2=80=93=E2=80=93=E2=80=93=E2=80=93=E2=80=93=E2= =80=93=E2=80=93=E2=80=93=E2=80=93=E2=80=93=E2=80=93=E2=80=93=E2=80=93=E2=80= =93=E2=80=93=E2=80=93=E2=80=93=E2=80=93=E2=80=93=E2=80=93=E2=80=93=E2=80=93= =E2=80=93=E2=80=93=E2=80=93=E2=80=93=E2=80=93=E2=80=93=E2=80=93=E2=80=93=E2= =80=93=E2=80=93=E2=80=93=E2=80=93 >> Below is the current draft of the Project Tick General Public License, >> Version 2. This text is provided for reference and discussion only and i= s >> not yet >> finalized or published. >> >> PROJECT TICK GENERAL PUBLIC LICENSE >> Version 2, 2 February 2026 >> >> Copyright (C) 2026 Project Tick <https://projecttick.org/> >> Everyone is permitted to copy and distribute verbatim copies >> of this license document, but changing it is not allowed. >> This is the canonical text of the Project Tick General Public >> License, Version 2. Works licensed under this text are governed >> exclusively by Version 2 of the License, unless the applicable >> copyright holder explicitly authorizes the use of another version. >> >> Preamble >> >> The Project Tick General Public License is a copyright-based copyleft >> license intended for software programs, as designated by the applicable >> copyright holder. Unless expressly stated otherwise, this License >> applies to the Work solely in its capacity as software. >> >> This License is designed to ensure that recipients of a covered Work >> can effectively access, study, modify, and share that Work, without >> being subjected to restrictions that undermine the practical exercise >> of those rights. >> >> By applying this License, a copyright holder authorizes recipients to >> use, modify, and convey the Work under a consistent set of conditions. >> Any party that conveys a covered Work must do so in a manner that >> preserves the same rights and obligations for all downstream recipients. >> >> This License places particular emphasis on the availability of the >> Work in forms suitable for modification and reuse. Where a covered Work >> is conveyed together with its preferred form for modification, access >> to that form must be provided in a manner consistent with this License. >> A copy of this License must accompany all conveyances of the Work. >> >> The License also defines the scope of permitted use, modification, and >> conveyance in a clear and predictable manner, while disclaiming >> warranties for the Work. Unless the copyright holder explicitly states >> otherwise, this License does not impose any obligation to distribute >> future versions of a Work under the same terms. >> >> Some devices or deployment environments may impose technical or design >> constraints that affect the execution of modified versions of a Work. >> The obligations created by this License arise exclusively from its >> operative provisions and are independent of such external constraints. >> >> Each contributor to a covered Work grants a non-exclusive, worldwide, >> royalty-free patent license limited to what is necessary to exercise >> the rights granted under this License with respect to that contributor= =E2=80=99s >> contributions. >> >> This License preserves the core freedoms and obligations commonly >> associated with established copyleft licenses, while explicitly >> extending those principles to network-based operation, managed >> deployment environments, and service-oriented use cases that are >> not consistently addressed by traditional distribution-focused models. >> >> In practical terms, this License is intended to be understandable >> and usable by individual developers, small teams, and community >> projects, not only by legal experts. 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Its obligations apply only when >> the Work is shared with others or used to provide its functionality >> to the public. >> >> This License does not require network-based source disclosure >> unless the copyright holder has expressly chosen to enable such >> obligations by an Explicit Network Use Notice. >> >> The binding terms governing use, modification, and conveyance of >> covered Works are set forth below. >> >> >> ------------------------------------------------------------------------= --- >> >> ------------------------------------------------------------------------= --- >> ------------------------ TERMS AND CONDITIONS >> ----------------------------- >> >> ------------------------------------------------------------------------= --- >> >> ------------------------------------------------------------------------= --- >> >> ------------------------------------------------------------------------= --- >> ------------------ PART I =E2=80=94 CORE RIGHTS AND OBLIGATIONS >> ------------------- >> The provisions of this Part define the essential permissions, conditions= , >> - >> and obligations of this License. Compliance with this Part is mandatory >> for >> any use, modification, operation, or conveyance of a covered Work. >> -------- >> >> ------------------------------------------------------------------------= --- >> >> I. Definitions. >> >> "This License" refers to the Project Tick General Public License, >> Version 2. >> >> "Compatible License" means a license that is compatible with this >> License under applicable copyright law, without imposing additional >> restrictions on the exercise of the rights granted under this License. >> >> "Copyright" refers to laws similar to copyright that apply to other >> types of Works, such as semiconductor chips. >> >> "Work" means a software program licensed under this License. >> Each licensee is referred to as "you". "Recipients" may be >> individuals or organizations. >> >> To "modify" a Work means to copy from or adapt all or part of the >> Work in a fashion requiring copyright permission, other than the >> making of an exact copy. 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The Corresponding Resource must >> be made available in a manner that is no less accessible, timely, and >> usable >> than the object code itself. >> >> a) You may convey the object code in, or embodied in, a physical >> product (including a physical distribution medium), accompanied by >> the Corresponding Resource fixed on a durable physical medium >> customarily used for software exchange. >> >> b) You may convey the object code in, or embodied in, a physical >> product (including a physical distribution medium), accompanied by = a >> written offer, valid for at least three years and for as long as yo= u >> offer spare parts, updates, or customer support for that product >> model, to provide any recipient with either: >> >> (1) a copy of the Corresponding Resource for all covered Works in >> the product, on a durable physical medium customarily used fo= r >> software exchange, for a price no higher than the reasonable >> cost of physically performing this transmission; or >> >> (2) immediate and unrestricted access to copy the Corresponding >> Resource through any reasonable and publicly accessible means= . >> >> The refusal or non-acceptance of such a written offer by any recipient >> does not relieve you of the obligation to ensure that the >> Corresponding Resource remains publicly available under this License >> for the duration required by this Section. >> >> c) You may convey individual copies of the object code together with a >> copy of the written offer described in subsection (b), but only >> occasionally, for non-commercial purposes, and only if you received >> the object code accompanied by such an offer. >> >> d) You may convey the object code by offering access from a designated >> location, free of charge or for a fee, provided that equivalent >> access >> to the Corresponding Resource is offered in the same manner, withou= t >> delay, additional conditions, or practical barriers. If the object >> code is offered from a network server, the Corresponding Resource m= ay >> be hosted on a different server operated by you or by a third party= , >> provided that clear, prominent, and persistent instructions are giv= en >> alongside the object code indicating where and how the Correspondin= g >> Resource may be obtained. >> >> Any technical, contractual, procedural, or policy-based measure that >> has the effect of discouraging, delaying, conditioning, or preventing >> access to the Corresponding Resource constitutes a failure to comply >> with the requirements of this License. >> >> e) You may convey the object code using peer-to-peer transmission, >> provided that you clearly inform all peers where the object code an= d >> the Corresponding Resource are being offered to the general public, >> free of charge, under the terms of this License. >> >> A separable portion of the object code whose source is excluded from >> the Corresponding Resource as a System Library need not be included in >> the transmission of the object code. If you convey an object code Work >> under this Section in, with, or specifically for use in a User Product, >> and the conveyance occurs as part of a transaction transferring the righ= t >> of possession or use of the User Product to the recipient, the >> Corresponding >> Resource must be accompanied by the Installation Information. This >> requirement >> does not apply if neither you nor any third party retains the ability to >> install modified object code on the User Product. The Corresponding >> Resource >> and any Installation Information provided under this Section must be in = a >> publicly documented format, must not impose additional restrictions that >> materially limit the practical ability of recipients to exercise the >> rights >> granted under this License to access, and must remain available for as >> long >> as necessary to satisfy the requirements of this License. >> >> >> ------------------------------------------------------------------------= --- >> >> V. 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However, if you cease all violations of this License, your >> rights under this License from a particular copyright holder are >> reinstated provisionally, unless and until that copyright holder >> explicitly and finally terminates those rights. >> >> Your rights are reinstated permanently if the copyright holder fails to >> notify you of the violation by reasonable means within sixty (60) days >> after the cessation of the violation. >> >> Additionally, your rights are reinstated permanently if this is the >> first time you have received notice of a violation of this License from >> that copyright holder, and you cure the violation within thirty (30) >> days after receiving such notice. >> >> Termination of your rights under this Section does not terminate the >> licenses of any parties who have received copies of the Work, or rights >> under this License, from you prior to such termination. >> >> >> ------------------------------------------------------------------------= --- >> >> VI. 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If conveyance of a covered >> Work results from an entity transaction, each party to that transaction >> who receives a copy of the Work also receives any licenses to the Work >> that the predecessor in interest had or could grant under this License, >> together with the right to receive the Corresponding Resource of the >> Work, if the predecessor possesses it or can obtain it with reasonable >> effort. >> >> You may not impose any additional legal, contractual, technical, or >> policy-based restrictions on the exercise of the rights granted or >> affirmed under this License. Any attempt to impose such further >> restrictions is void and shall not affect the rights of recipients >> under this License. >> >> >> ------------------------------------------------------------------------= --- >> >> VIII. Patents. >> >> A "Contributor" is a copyright holder who authorizes the use of a >> covered Work under this License. The Work so licensed is referred to >> as the Contributor=E2=80=99s "Contributor Version". >> >> Each Contributor grants to every recipient of the Contributor Version >> a non-exclusive, worldwide, royalty-free, irrevocable patent license >> under any patent claims owned or controlled by that Contributor, to >> the extent that such claims are necessarily infringed by the use, >> operation, modification, or conveyance of the Contributor Version in >> a manner permitted by this License. >> >> This patent license applies only to those patent claims that are >> unavoidably infringed by exercising the rights granted under this >> License with respect to the Contributor Version. It does not extend >> to patent claims that would be infringed solely as a result of further >> modification, combination, or use beyond the scope of the Contributor >> Version. >> >> If you convey a covered Work, you may not rely on, assert, or enforce >> any patent license, agreement, covenant, or arrangement that would >> result in any recipient being denied the full exercise of the rights >> granted under this License. >> >> Any patent license granted in connection with a covered Work must be >> non-discriminatory and must extend equally to all recipients of that >> Work under this License. >> >> Nothing in this License shall be construed as limiting, excluding, or >> waiving any implied patent license, patent exhaustion doctrine, or >> other defenses to patent infringement that may be available under >> applicable law. >> >> >> ------------------------------------------------------------------------= --- >> >> IX. Linking and Combined Works. >> >> A Library Work covered by this License may be linked, combined, or >> otherwise integrated with an independent Work, whether statically or >> dynamically, without causing this License to apply to the independent >> Work as a whole, provided that the terms of this Section are satisfied. >> >> The Library Work itself, and any modifications to it, must remain >> licensed under this License. Any party conveying a modified version of >> the Library Work, or a Combined Work containing a modified Library Work, >> must comply with the terms of this License with respect to the Library >> Work. >> >> You must not restrict the ability of recipients to modify the Library >> Work and to relink or otherwise use a modified version of the Library >> Work with the Combined Work. This includes providing the necessary >> source code, interface information, and build mechanisms required to >> enable such modification and relinking. >> >> A Combined Work that merely links to, imports, or uses a Library Work >> through its defined interfaces shall not be required to be licensed >> under this License, provided that the Library Work remains separable >> and replaceable. >> >> Mere aggregation of independent Works, or communication between >> independent Works through standard interfaces, inter-process >> communication, command-line invocation, or network protocols, does not >> by itself cause this License to apply to such independent Works. >> >> >> ------------------------------------------------------------------------= --- >> >> X. Equal Access to Corresponding Resource. >> >> Where access to a covered Work or its Corresponding Resource is granted >> to any recipient, such access must be provided in a manner consistent >> with the requirements of this License and must not impose additional >> restrictions that materially and demonstrably impair the ability of >> recipients to exercise the rights granted herein. >> >> Differences in timing, format, location, or method of access shall not >> constitute a violation of this License unless they have the practical >> effect of preventing or significantly hindering recipients from >> understanding, modifying, or reusing the Work. >> >> The Corresponding Resource must be provided in a form that is reasonably >> usable and modifiable by a competent developer using commonly available >> tools. >> >> >> ------------------------------------------------------------------------= --- >> >> XI. Protection of Contributor Rights. >> >> No agreement, policy, contract, or other arrangement may retroactively >> restrict, revoke, or nullify the rights granted to a Contributor under >> this License with respect to their contributions. >> >> Any additional agreement affecting a Contributor=E2=80=99s contributions= must >> not diminish the permissions, freedoms, or protections granted by this >> License to that Contributor or to recipients of the covered Work. >> >> If conditions are imposed upon you, whether by court order, agreement, >> policy, or otherwise, that contradict the conditions of this License, >> such conditions do not excuse you from complying with this License. If >> you cannot convey a covered Work in a manner that simultaneously >> satisfies your obligations under this License and any other applicable >> obligations, then you may not convey the covered Work at all. >> >> You may not impose, accept, or pass through any obligation that has the >> effect of restricting, conditioning, or discouraging the exercise of >> the rights granted under this License by recipients of the covered Work. >> For example, if you agree to terms that require the collection of fees, >> royalties, or other consideration as a condition of further conveyance, >> and such terms are incompatible with this License, you must refrain >> entirely from conveying the covered Work under those terms. >> >> >> ------------------------------------------------------------------------= --- >> >> XII. Uniform Exercise of Rights. >> >> Where a covered Work is conveyed, distributed, or made available in >> object code, executable, operational, or service form, the >> Corresponding Resource for that Work must be made available under this >> License no later than the time at which such form is first provided to >> any recipient. >> >> A difference in timing, manner, or conditions under which access to the >> Work or its Corresponding Resource is provided shall constitute a >> violation of this License only where such difference materially and >> demonstrably prevents recipients from exercising the rights granted >> under this License. >> >> Nothing in this Section shall be construed to prohibit staged releases, >> differentiated distribution models, or varied access arrangements, >> provided that the Corresponding Resource is made available in a manner >> consistent with the requirements of this License and without imposing >> additional restrictions on the exercise of the rights granted herein. >> >> The rights granted under this License apply equally to all recipients >> and all fields of endeavor. No restriction or condition may be imposed >> that limits the exercise of such rights based on the nature, identity, >> or purpose of the recipient. >> >> The rights granted under this License may not be negated or restricted >> by separate agreements, policies, or contractual terms to the extent >> that such terms conflict with this License. >> >> Where a covered Work is operated as part of a larger system, service, >> or deployment, the Corresponding Resource shall include only the source >> code of the covered Work itself and any modifications thereto, and does >> not require the disclosure of independent works or system components >> that are not derived from the covered Work. >> >> >> ------------------------------------------------------------------------= --- >> >> XIII. Disclaimer of Warranty. >> >> TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WORK IS PROVIDED >> "AS IS" AND WITHOUT WARRANTY OF ANY KIND. EXCEPT WHERE OTHERWISE >> EXPRESSLY STATED IN WRITING, THE COPYRIGHT HOLDERS AND/OR OTHER PARTIES >> PROVIDE THE WORK WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, >> BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR >> A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. THE ENTIRE RISK AS TO >> THE QUALITY, PERFORMANCE, AND FUNCTIONALITY OF THE WORK IS WITH YOU. >> SHOULD THE WORK PROVE DEFECTIVE OR FAIL TO OPERATE AS EXPECTED, YOU >> ASSUME ALL COSTS OF NECESSARY SERVICING, REPAIR, CORRECTION, OR >> REMEDIATION. >> >> >> ------------------------------------------------------------------------= --- >> >> XIV. Limitation of Liability. >> >> TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL >> ANY COPYRIGHT HOLDER, CONTRIBUTOR, OR ANY OTHER PARTY WHO MODIFIES, >> CONVEYS, OR OTHERWISE MAKES THE WORK AVAILABLE BE LIABLE TO YOU FOR >> ANY DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, DIRECT, >> INDIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR >> PUNITIVE DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR >> INABILITY TO USE, THE WORK, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE >> POSSIBILITY OF SUCH DAMAGES. >> >> >> ------------------------------------------------------------------------= --- >> >> XV. Interpretation of Sections XIII and XIV. >> >> If the disclaimer of warranty or limitation of liability set forth in >> Sections XIII and XIV of this License cannot be given full legal effect >> under applicable local law, such provisions shall be enforced to the >> maximum extent permitted by that law. >> >> In such cases, courts shall apply the local law in a manner that most >> closely approximates an absolute exclusion or limitation of civil >> liability in connection with the Work, consistent with the intent of >> Sections XIII and XIV, unless a warranty or assumption of liability >> accompanies a copy of the Work in return for a fee. >> >> >> ------------------------------------------------------------------------= --- >> >> ------------------------------------------------------------------------= --- >> -------- PART II =E2=80=94 NETWORK-BASED OPERATION AND PLATFORM >> CONSTRAINTS-------- >> This Part clarifies how the core obligations of this License apply when >> --- >> a covered Work is operated, deployed, or made available as part of a >> ------ >> network-accessible service or managed system. THIS PART IS NON-NORMATIVE= . >> - >> Nothing in this Part creates additional permissions, obligations, or >> ------ >> restrictions beyond those expressly set forth in Part I. >> ------------------ >> >> ------------------------------------------------------------------------= --- >> >> ------------------------------------------------------------------------= --- >> >> I. Design Intent and Scope (Non-Normative) >> >> This License is intentionally designed to address deployment models >> and technical realities that are insufficiently covered by existing >> copyleft licenses, including but not limited to: >> >> - Network-based service operation without distribution >> - Managed deployment environments and platform-controlled systems >> - Modern software supply chains involving orchestration and service glue >> >> The operative provisions of this License reflect these goals directly. >> This explanatory section is non-normative and does not modify the legal >> terms of the License. >> >> >> ------------------------------------------------------------------------= --- >> >> II. Authority of Interpretation. >> >> The terms of this License shall be interpreted according to their >> plain meaning and intent, as expressed in the text of this License, >> and in accordance with applicable law. No person or organization may >> grant permissions, exceptions, or interpretations that purport to >> modify the terms of this License or impose additional obligations >> beyond those expressly stated herein, except by the applicable >> copyright holder with respect to their own contributions. >> Any statements, policies, guidance documents, contractual terms, >> or representations not expressly incorporated into this License >> shall have no effect on the scope, interpretation, or enforcement >> of the rights and obligations granted under this License. Nothing >> in this section limits judicial interpretation, community analysis, >> academic commentary, or non-binding explanatory materials, provided >> that such materials do not claim to alter or supersede the terms of >> this License. >> >> >> ------------------------------------------------------------------------= --- >> >> III. Protection of Users=E2=80=99 Legal Rights Against Technological Mea= sures. >> >> No covered Work shall be considered part of an effective technological >> measure under Article 11 of the WIPO Copyright Treaty of 20 December 199= 6, >> or any similar law, to the extent that such a measure is used primarily >> to restrict or prohibit the exercise of rights granted under this Licens= e. >> >> By licensing, conveying, or otherwise applying this License to a Work, >> you agree not to assert any legal right to prohibit or restrict the >> circumvention of technological measures where such circumvention is >> necessary to exercise the rights granted under this License. >> >> This Section does not prohibit the use of technical mechanisms that are >> designed solely to ensure system integrity, security, authenticity, or >> reliable distribution, including but not limited to secure boot >> mechanisms, cryptographic signature verification, or platform-level >> distribution requirements, provided that such mechanisms do not prevent >> recipients from accessing, modifying, or conveying the Corresponding >> Resource of the covered Work under the terms of this License. >> >> Any technological, contractual, legal, or policy-based mechanism that, >> in practice, conditions access to the Corresponding Resource on payment, >> exclusive agreements, subscription status, customer classification, or >> acceptance of terms inconsistent with this License shall be deemed a >> technological measure for the purposes of this Section. >> >> Platform policies or distribution requirements that apply uniformly, >> without discrimination, and that do not restrict the availability or >> exercise of rights granted under this License shall not, by themselves, >> constitute a violation of this Section. >> >> >> ------------------------------------------------------------------------= --- >> >> IV. Additional Terms. >> >> Nothing in this License grants permission to relicense a Work in a >> manner not permitted by the terms under which that Work was originally >> licensed. >> >> "Additional permissions" are terms that supplement this License by >> granting limited exceptions to one or more of its conditions, without >> removing, weakening, or contradicting the core requirements of this >> License. >> >> Additional permissions that apply to an entire Work shall be treated >> as incorporated into this License with respect to that Work, to the >> extent that they are valid under applicable law. Where additional >> permissions apply only to a specific portion of a Work, that portion >> may be used under those permissions, provided that the Work as a whole >> remains governed by this License. >> >> When conveying a Work covered by this License, you are not required to >> propagate additional permissions that were granted by a previous >> contributor, unless such permissions are inseparable from the material >> to which they apply. Additional permissions may also be removed when >> modifying the Work, where such removal is >> > --000000000000b7beb1064939fd52 Content-Type: text/html; charset="UTF-8" Content-Transfer-Encoding: quoted-printable <div dir=3D"auto"><div>Once the submitter stated that he did not intend to = use an attorney for drafting, preferring community review, I turned out.=C2= =A0</div><div dir=3D"auto"><br></div><div><br></div><div data-smartmail=3D"= gmail_signature"><div dir=3D"ltr"><div dir=3D"ltr"><div>Bruce Perens K6BP</= div></div></div></div></div><br><div class=3D"gmail_quote gmail_quote_conta= iner"><div dir=3D"ltr" class=3D"gmail_attr">On Sat, Jan 24, 2026, 15:23 Pam= ela Chestek <<a href=3D"mailto:[email protected]">pamela@chestekle= gal.com</a>> wrote:<br></div><blockquote class=3D"gmail_quote" style=3D"= margin:0 0 0 .8ex;border-left:1px #ccc solid;padding-left:1ex"><u></u> =20 =20 =20 <div> <p>This license is a good example of why it is highly unlikely that a license not written by a lawyer can be approved. Legal writing is very formulaic with a number of interpretive principles applied when they are written. If you are not familiar with these principles and following standard drafting practices, there is a high risk that the legal document will not function as intended. I did not read much past the definitions section and spotted many, many drafting problems.=C2=A0</p> <p>I am looking at the version of the license you submitted to license-discuss on January 21 at 10:10 am PST; there are so many versions I'm not sure what's what. I see that the one you jus= t submitted to license-review appears substantially different but I haven't looked at that license.<br> <br> In terms of drafting problems, first, a preamble is to provide context for interpretation of the operative terms of the agreement. When an agreement is well-drafted, the preamble does not have any operative terms in it. The reason is when you say the same thing twice, once in the preamble and then in the terms, you have almost surely created a loophole or ambiguity. The preamble is also not a place to explain what you're trying to do - what you're trying to do should be clear from the terms of the agreement. If you have to explain what you are trying to do in the preamble, then there may be something wrong with how you've written the terms.=C2=A0<br> <br> With that context, your preamble is problematic. As an easy example, you grant a patent license in the preamble, stating "Ea= ch contributor to a covered Work grants a non-exclusive, worldwide, royalty-free patent license ..." and also grant a license in section VIII. Undoubtedly these two grants can be interpreted in different ways because anytime you say things twice, unless they are <i>exactly</i>=C2=A0the same, you created the potential for two different interpretations. As another example, you say in the preamble "this License does not impose any obligation to distribute future versions of a Work under the same terms." However, in Section III(c) you say "You must license the modifie= d Work, as a whole, under this License ..." Isn't a "futu= re version" also a "modified Work"? So which is correct?<br> <br> You have even blurred the line between operative terms and the preamble in your own questions. Below you say</p> <p> <blockquote type=3D"cite"> <div>1. Explicit opt-in for network-based source obligations</div> <div><br> </div> <div>Relevant text:</div> <div>> This License does not require network-based source disclosure =C2=A0</div> <div>> unless the copyright holder has expressly chosen to enable such =C2=A0</div> <div>> obligations by an Explicit Network Use Notice.</div> <div><br> </div> <div>> =E2=80=9CExplicit Network Use Notice=E2=80=9D means a cle= ar and prominent notice =C2=A0</div> <div>> placed by the copyright holder stating that operation of the Work =C2=A0</div> <div>> through a computer network shall be treated as conveying for the =C2=A0</div> <div>> purposes of source availability.</div> </blockquote> <br> The text you quote, "This License does not require ...", is= in the preamble. It is immediately followed by the sentence "The bindin= g terms governing use, modification, and conveyance of covered Works are set forth below." So you have quoted a part of the agreement that isn't a operative term for your statement that there isn'= ;t a requirement to disclose source code unless one opts in.</p> <p>When I dig deeper and try to figure how this requirement is manifested in the actual terms of the agreement, it's anything bu= t clear. There is something called an "Explicit Network Use Notice= " where,"If the Work, or a modified version of the Work, is operat= ed primarily for the purpose of providing its functionality or output to third parties through a computer network, including via hosted, remote, or internet-accessible services, such operation may be treated as conveyance solely for the purpose of triggering the source availability obligations expressly set forth in this License, where an Explicit Network Use Notice applies." There is nothing in the license that says where this notice is supposed to be - is it appended to the license, is it in the documentation, is it on a webpage somewhere, how is the user supposed to know whether or not they've located the "Explicit Network Use Not= ice"? If this is acceptable for an open source license at all (and I agree with Bruce that=C2=A0this mechanism, in effect, means this is t= wo different licenses, one that treats availability remotely as a "conveyance" and one that does not), it is poorly implement= ed.</p> <p>Moving to the definitions, I stopped after the first two.</p> <p> <blockquote type=3D"cite"> <div>"Compatible License" means a license that is compati= ble with this</div> <div>License under applicable copyright law, without imposing additional</div> <div>restrictions on the exercise of the rights granted under this License.</div> </blockquote> Defining "compatible" circularly as "compatible" = isn't helpful. In my experience, license compatibility is a concept unique to open source licenses, and I bet if you polled open source lawyers even they wouldn't agree on exactly what it means. So this term probably needs more explanation. <blockquote type=3D"cite"> <div><br> </div> <div>=C2=A0"Copyright" refers to laws similar to copyrigh= t that apply to other</div> <div>types of Works, such as semiconductor chips.</div> <div><br> </div> </blockquote> What, the term "Copyright" doesn't include copyright la= w itself, only laws "similar" to copyright law??=C2=A0</p> <p>I didn't review all the definitions, but I assume there others have similar flaws.</p> <p>And, although you have a definitions section, there are also multiple definitions in at least Sections II and VIII for terms that are used throughout the agreement. It's okay to have a definition within a section if it's only relevant to that section (like "entity transaction" in Section VII), but if someone = needs to go find a definition it should be easy to find.=C2=A0</p> <p>There are numbered and unnumbered subsections. The unnumbered parts appear to be explanatory material, so I question whether they belong in the agreement at all. If they are needed, they should be numbered so they can be easily referenced, either elsewhere in the document or when talking about the document, as we are doing here.</p> <p>The OSI does not approve licenses that are poorly drafted, so these are problems that have to be fixed before you submit the license for approval.=C2=A0These, and many other issues, are all problems that a lawyer skilled in drafting would avoid.=C2=A0</p> <p>You also asked some policy questions:</p> <p> <blockquote type=3D"cite"> <div>- Explicit opt-in treatment of network-based source obligations =C2=A0</div> </blockquote> This makes use and adoption of the license more challenging for several reasons. First is practical; you haven't made it easy for a user to figure out whether they have the obligation or not. Second is that adoption is more unlikely because the compliance obligations are more complicated. Or should the user just assume that all the works under this license have the notice and meet the more stringent compliance obligations, to make their lives simpler? In that case you've undermined your reason for relieving them of the obligation. License compliance is already quite difficult and you're making it harder. The OSI only approves licenses that have a potential audience larger than just one project, and this complexity is a strike against it.</p> <p>I also don't see the niche that this option fills. In the networ= k context, if someone doesn't want to impose any compliance obligations for a network service, then use the GPL. If you want to impose them, then use the AGPL. So what unserved need does this license fill? <blockquote type=3D"cite"> <div>- Network operation triggers source availability only, not full conveyance=C2=A0</div> </blockquote> I don't know what you mean by "full conveyance." To &qu= ot;convey" is defined as "any kind of propagation that enables other parties t= o make or receive copies ...", so I don't know what "full= " means in association with the word "conveyance."=C2=A0</p> <p>I assume what you are trying to say is that someone providing the software as a service over a network has a more limited set of obligations than someone who is distributing the software. If that's the meaning, there are clearer ways to state it in the text. Your quoted language uses "source availability obligations= " without either defining it or pointing to a section number, which creates significant interpretation problems. But I don't see a problem with the concept under open source principles that some users have fewer obligations than others, as long as the rights of the least privileged are sufficient. <blockquote type=3D"cite"> <div>- Service-aware definition of Corresponding Resource</div> </blockquote> I don't see the definition of "Corresponding Resource" = as narrower than Source Code or service-aware. The definition of "Corresponding Resource"<i>=C2=A0</i>starts with "all = Source Code required to generate, install, run, and modify the Work, including ...." and then adds more components. The definition of "Sou= rce Code" also has its own laundry list of parts, "includ[ing] = all files, definitions, scripts, build instructions, and materials necessary ..." So if you are saying that someone providing the software over a network only has to provide "Corresponding Resource," the definitions say they have to provide the Source Code plus something more - or maybe not, depending on the congruence of the laundry lists for the two definitions.=C2=A0 You al= so use the term "Corresponding Resource" in the definition of = "User Product," which is not a network interaction, further confusing things. So I don't think you've accomplished what you were tr= ying to accomplish.</p> <p> <blockquote type=3D"cite"> <div>-=C2=A0 Anti-gatekeeping and equal-access requirements=C2=A0= =C2=A0</div> </blockquote> I believe you go too far when you say a distributor must not condition access on "payment, exclusive agreements, subscription status, [or] customer classification." What this means is that t= he "Corresponding Resource" must be made available to the publ= ic. This is beyond what the GPL requires, which is that you only have to give the source code to those who have the object code, not the public at large. You are also possibly saying that the code has to be maintained in perpetuity because someone's "policy" = of deleting deprecated versions interferes with access. I think the concept is fine, but the way its been implemented is overreaching. <blockquote type=3D"cite"> <div>- Managed platforms and technological measures</div> <div><br> </div> </blockquote> The license says</p> <p> <blockquote type=3D"cite"> <div>This Section does not prohibit the use of technical mechanisms that are</div> <div>designed solely to ensure system integrity, security, authenticity, or</div> <div>reliable distribution, including but not limited to secure boot</div> <div>mechanisms, cryptographic signature verification, or platform-level</div> <div>distribution requirements, provided that such mechanisms do not prevent</div> <div>recipients from accessing, modifying, or conveying the Corresponding</div> <div>Resource of the covered Work under the terms of this License.</div> </blockquote> <br> I believe this is an acceptable provision and may not even go far enough. Right now the Software Freedom Conservancy is trying to assert a right to reinstall the software on the original device. Your requirement doesn't assure that, but perhaps it should, with "accessing, modifying, conveying <i>and reinstalling</i> ....&qu= ot;</p> <p>To summarize, the OSI can't overlook poor quality drafting; the quality of the writing is as important as the rights and obligations you are trying to convey because the rights and obligations can't be observed as you intend if they aren't st= ated in a clear and precise way with as little ambiguity as humanly possible. You have told us what you are trying to do with the license, but the question is whether the language of the license actually does what you are trying to do, and at the moment it does not.</p> <p>Finally, my comments are by no means comprehensive and are just exemplary, to demonstrate the kinds of problems that the document contains. I am sympathetic to what you want to do, but this license is never going to be a high enough quality for the OSI to approve if you don't have it cleaned up by a contract lawyer who is at least familiar with, if not highly skilled in, open source licenses.=C2=A0</p> <p>Pam</p> <div>Pamela S. Chestek<br> Chestek Legal<br> <a href=3D"https://www.google.com/maps/search/4641+Post+St.+%0D%0A+++= +++Unit+4316+%0D%0A++++++El+Dorado+Hills,+CA+95762?entry=3Dgmail&source= =3Dg">4641 Post St.</a><br><a href=3D"https://www.google.com/maps/search/46= 41+Post+St.+%0D%0A++++++Unit+4316+%0D%0A++++++El+Dorado+Hills,+CA+95762?ent= ry=3Dgmail&source=3Dg"> Unit 4316</a><br><a href=3D"https://www.google.com/maps/search/4641+P= ost+St.+%0D%0A++++++Unit+4316+%0D%0A++++++El+Dorado+Hills,+CA+95762?entry= =3Dgmail&source=3Dg"> El Dorado Hills, CA 95762</a><br> +1 919-800-8033<br> pamela@chesteklegal<br> <a href=3D"http://www.chesteklegal.com" target=3D"_blank" rel=3D"nore= ferrer">www.chesteklegal.com</a><br> <br> <br> </div> <div>On 1/22/2026 6:07 AM, M.samet Duman via License-discuss wrote:<br> </div> <blockquote type=3D"cite"> =20 <div>Hello Bruce, =C2=A0</div> <div>Hello all,</div> <div><br> </div> <div>Thank you for the guidance. I understand the concern about review scope and time investment.</div> <div><br> </div> <div>Based strictly on the current PT-GPL v2 text, below are five specific areas where the license is intended to diverge from existing copyleft licenses. For each point, I have included only the relevant operative language, followed by a short statement of intent.</div> <div><br> </div> <div>---</div> <div><br> </div> <div>1. Explicit opt-in for network-based source obligations</div> <div><br> </div> <div>Relevant text:</div> <div>> This License does not require network-based source disclosure =C2=A0</div> <div>> unless the copyright holder has expressly chosen to enable such =C2=A0</div> <div>> obligations by an Explicit Network Use Notice.</div> <div><br> </div> <div>> =E2=80=9CExplicit Network Use Notice=E2=80=9D means a clear= and prominent notice =C2=A0</div> <div>> placed by the copyright holder stating that operation of the Work =C2=A0</div> <div>> through a computer network shall be treated as conveying for the =C2=A0</div> <div>> purposes of source availability.</div> <div><br> </div> <div>Intent: =C2=A0</div> <div>Unlike AGPL-style copyleft, network-based obligations are not automatic. The copyright holder explicitly decides whether network operation should trigger source availability.</div> <div><br> </div> <div>---</div> <div><br> </div> <div>2. Network operation triggers source availability only, not full conveyance</div> <div><br> </div> <div>Relevant text:</div> <div>> Such operation may be treated as conveyance solely for the purpose =C2=A0</div> <div>> of triggering the source availability obligations expressly set forth =C2=A0</div> <div>> in this License, where an Explicit Network Use Notice applies.</div> <div><br> </div> <div>> This License does not require disclosure of unrelated systems, =C2=A0</div> <div>> independent services, or proprietary infrastructure that are not =C2=A0</div> <div>> derived from the covered Work itself.</div> <div><br> </div> <div>Intent: =C2=A0</div> <div>This deliberately limits the legal effect of network use, avoiding spillover into unrelated systems or services.</div> <div><br> </div> <div>---</div> <div><br> </div> <div>3. Service-aware definition of Corresponding Resource</div> <div><br> </div> <div>Relevant text:</div> <div>> Corresponding Resource means all Source Code required to generate, =C2=A0</div> <div>> install, run, and modify the Work, including build scripts, interface =C2=A0</div> <div>> definitions, and supporting code specifically designed for or tightly =C2=A0</div> <div>> coupled to the Work.</div> <div><br> </div> <div>> Corresponding Resource includes only those configuration or integration =C2=A0</div> <div>> components that are specifically written to make the covered Work =C2=A0</div> <div>> function as a network-accessible service, and does not include general =C2=A0</div> <div>> infrastructure or unrelated systems.</div> <div><br> </div> <div>Intent: =C2=A0</div> <div>This explicitly includes service glue and deployment-specific code, while drawing a clear boundary around general infrastructure.</div> <div><br> </div> <div>---</div> <div><br> </div> <div>4. Anti-gatekeeping and equal-access requirements</div> <div><br> </div> <div>Relevant text:</div> <div>> Any technical, contractual, procedural, or policy-based measure that =C2=A0</div> <div>> has the effect of discouraging, delaying, conditioning, or preventing =C2=A0</div> <div>> access to the Corresponding Resource constitutes a failure to comply =C2=A0</div> <div>> with the requirements of this License.</div> <div><br> </div> <div>> Availability shall not be conditioned on exclusive agreements, =C2=A0</div> <div>> non-disclosure obligations, account registration, payment, or =C2=A0</div> <div>> acceptance of terms inconsistent with this License.</div> <div><br> </div> <div>Intent: =C2=A0</div> <div>This addresses modern access barriers common in hosted and SaaS-style distribution models that are not explicitly handled in GPL.</div> <div><br> </div> <div>---</div> <div><br> </div> <div>5. Managed platforms and technological measures</div> <div><br> </div> <div>Relevant text:</div> <div>> The obligations created by this License arise exclusively from its =C2=A0</div> <div>> operative provisions and are independent of such external constraints.</div> <div><br> </div> <div>> Technical mechanisms =E2=80=A6 are permitted provided that = such mechanisms =C2=A0</div> <div>> do not prevent recipients from accessing, modifying, or conveying =C2=A0</div> <div>> the Corresponding Resource of the covered Work under the terms of =C2=A0</div> <div>> this License.</div> <div><br> </div> <div>Intent: =C2=A0</div> <div>This generalizes anti-tivoization principles to managed and platform-controlled environments, without prohibiting legitimate security mechanisms.</div> <div><br> </div> <div>---</div> <div><br> </div> <div>If this format is useful, I can extract additional points in the same way for further discussion.</div> <div><br> </div> <div>Thank you for taking the time to review this.</div> <div><br> </div> <div>Best regards, =C2=A0</div> <div>Mehmet Samet Duman =C2=A0</div> <div>Author of Project Tick</div> <div><br> <blockquote type=3D"cite"> <div>Bruce Perens <a href=3D"mailto:[email protected]" target=3D"_= blank" rel=3D"noreferrer"><[email protected]></a> =C5=9Funlar=C4=B1 ya= zd=C4=B1 (22 Oca 2026 06:14):</div> <br> <div> <div dir=3D"ltr"><br> <div>I would=C2=A0like you to extract the relevant text for each of the 5 points you'd like feedback upon, and present the relevant and innovative text, only, with each point. I think this would be a manageable chunk that people could look at and comment upon without taking a large=C2=A0part of their day. I don't represen= t anyone but me, but given the dearth of other participation so far, I am assuming that other folks would like that too.</div> <div><br> </div> <div>=C2=A0 =C2=A0 Thanks</div> <div><br> </div> <div>=C2=A0 =C2=A0 Bruce</div> </div> <br> <div class=3D"gmail_quote"> <div dir=3D"ltr" class=3D"gmail_attr">On Wed, Jan 21, 2026 at 3:56=E2=80=AFPM M.samet Duman <<a href=3D"mailto:dumanme= [email protected]" target=3D"_blank" rel=3D"noreferrer">dumanmehmetsamet= @icloud.com</a>> wrote:<br> </div> <blockquote class=3D"gmail_quote" style=3D"margin:0px 0px 0px= 0.8ex;border-left:1px solid rgb(204,204,204);padding-left:1ex"> <div> <div>Hello Bruce, =C2=A0</div> <div>Hello all,</div> <div><br> </div> <div>Thank you for the feedback. Based on it, I am sharing a revised draft of the Project Tick General Public License v2.</div> <div><br> </div> <div>To avoid unnecessary review burden, I want to be explicit about what feedback I am asking for and what I am not:</div> <div><br> </div> <div> <div>- I am aware of the concern regarding GPL text derivation; this draft does not</div> <div>=C2=A0 assert originality of expression and is presented solely to discuss</div> <div>=C2=A0 behavioral differences, not to request approval of a new GPL variant.</div> </div> <div>- I am not asking for a line-by-line legal review of the entire text.</div> <div>- I am not claiming originality of wording relative to GPL text.</div> <div>- I am asking whether the specific behavioral mechanisms described below are</div> <div>=C2=A0 useful, redundant, or problematic from an Ope= n Source Definition perspective.</div> <div><br> </div> <div>In particular, feedback is requested only on these points:</div> <div><br> </div> <div>- Explicit opt-in treatment of network-based source obligations =C2=A0</div> <div>- Separation of operation from conveyance as legal concepts =C2=A0</div> <div>- Narrow, explicit definition of Corresponding Resource for service deployment =C2=A0</div> <div>- Clear fencing of all explanatory material as non-normative =C2=A0</div> <div>- Absence of any ecosystem-level interpretive or compatibility authority</div> <div><br> </div> <div>The full draft is included below the signature for reference only, since the license has not yet been published elsewhere. No approval is requested at this stage.</div> <div><br> </div> <div>If it would be preferable, I am happy to extract and discuss only individual clauses in follow-up.</div> <div><br> </div> <div>Thank you again for the candid feedback and time.</d= iv> <div><br> </div> <div>Best regards, =C2=A0</div> <div>Mehmet Samet Duman =C2=A0</div> <div>Author of Project Tick</div> <div><br> </div> <div>=E2=80=93=E2=80=93=E2=80=93=E2=80=93=E2=80=93=E2=80= =93=E2=80=93=E2=80=93=E2=80=93=E2=80=93=E2=80=93=E2=80=93=E2=80=93=E2=80=93= =E2=80=93=E2=80=93=E2=80=93=E2=80=93=E2=80=93=E2=80=93=E2=80=93=E2=80=93=E2= =80=93=E2=80=93=E2=80=93=E2=80=93=E2=80=93=E2=80=93=E2=80=93=E2=80=93=E2=80= =93=E2=80=93=E2=80=93=E2=80=93=E2=80=93=E2=80=93=E2=80=93=E2=80=93=E2=80=93= =E2=80=93=E2=80=93=E2=80=93=E2=80=93=E2=80=93=E2=80=93=E2=80=93=E2=80=93=E2= =80=93=E2=80=93=E2=80=93=E2=80=93=E2=80=93=E2=80=93=E2=80=93=E2=80=93=E2=80= =93=E2=80=93=E2=80=93=E2=80=93=E2=80=93=E2=80=93=E2=80=93=E2=80=93=E2=80=93= =E2=80=93=E2=80=93=E2=80=93=E2=80=93=E2=80=93=E2=80=93</div> <div>Below is the current draft of the Project Tick General Public License,</div> <div>Version 2. This text is provided for reference and discussion only and is not yet</div> <div>finalized or published.</div> <div><br> </div> <div> <div>PROJECT TICK GENERAL PUBLIC LICENSE</div> <div>Version 2, 2 February 2026</div> <div><br> </div> <div>Copyright (C) 2026 Project Tick <<a href=3D"htt= ps://projecttick.org/" target=3D"_blank" rel=3D"noreferrer">https://project= tick.org/</a>></div> <div>Everyone is permitted to copy and distribute verbatim copies</div> <div>of this license document, but changing it is not allowed.</div> <div>This is the canonical text of the Project Tick General Public</div> <div>License, Version 2. Works licensed under this text are governed</div> <div>exclusively by Version 2 of the License, unless the applicable</div> <div>copyright holder explicitly authorizes the use of another version.</div> <div><br> </div> <div>Preamble</div> <div><br> </div> <div>The Project Tick General Public License is a copyright-based copyleft</div> <div>license intended for software programs, as designated by the applicable</div> <div>copyright holder. 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Unless the copyright holder explicitly states</div> <div>otherwise, this License does not impose any obligation to distribute</div> <div>future versions of a Work under the same terms.</d= iv> <div><br> </div> <div>Some devices or deployment environments may impose technical or design</div> <div>constraints that affect the execution of modified versions of a Work.</div> <div>The obligations created by this License arise exclusively from its</div> <div>operative provisions and are independent of such external constraints.</div> <div><br> </div> <div>Each contributor to a covered Work grants a non-exclusive, worldwide,</div> <div>royalty-free patent license limited to what is necessary to exercise</div> <div>the rights granted under this License with respect to that contributor=E2=80=99s</div> <div>contributions.</div> <div><br> </div> <div>This License preserves the core freedoms and obligations commonly</div> <div>associated with established copyleft licenses, while explicitly</div> <div>extending those principles to network-based operation, managed</div> <div>deployment environments, and service-oriented use cases that are</div> <div>not consistently addressed by traditional distribution-focused models.</div> <div><br> </div> <div>In practical terms, this License is intended to be understandable</div> <div>and usable by individual developers, small teams, and community</div> <div>projects, not only by legal experts. 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The inclusion of a covered Work in an aggregate</div> <div>does not cause this License to apply to the other Works in the aggregate,</div> <div>provided that the compilation and its conveyance do not impose</div> <div>additional restrictions on the rights granted under this License with</div> <div>respect to the covered Work.</div> <div><br> </div> <div>--------------------------------------------------= -------------------------</div> <div><br> </div> <div>IV. Transmission of Non-Source Formats.</div> <div><br> </div> <div>For the purposes of this Section, "Network Interaction" means operation</div> <div>of a Work through a computer network primarily for the purpose of</div> <div>providing its functionality or output to third parties, regardless of</div> <div>whether a copy of the Work is transferred.</div> <div><br> </div> <div>This provision is not intended to discourage legitimate service</div> <div>deployment, experimentation, or community-hosted use of covered</div> <div>Works. Its purpose is solely to ensure that recipients interacting</div> <div>with a covered Work through a network are afforded the same practical</div> <div>freedoms to access, study, and modify the Work as recipients who</div> <div>receive copies through traditional distribution.</div> <div><br> </div> <div>In particular, this License does not require disclosure of unrelated</div> <div>systems, independent services, or proprietary infrastructure that</div> <div>are not derived from the covered Work itself.</div= > <div><br> </div> <div>Operating a covered Work through Network Interaction primarily for the</div> <div>purpose of providing its functionality or output to the public may be</div> <div>treated as conveying the Work where the copyright holder has expressly</div> <div>required such treatment by an explicit notice solely for the purposes</div> <div>of triggering the source availability obligations set forth in this</div> <div>License. This does not include internal, private, testing, development,</div> <div>or incidental uses that do not primarily provide the Work=E2=80=99s functionality</div> <div>to the public. In accordance with Sections 4 and 5, you may convey a</div> <div>covered Work in object code or other non-source form, provided that the</div> <div>Corresponding Resource of the Work is made available under the terms of</div> <div>this License in a machine-readable form. The Corresponding Resource must</div> <div>be made available in a manner that is no less accessible, timely, and usable</div> <div>than the object code itself.</div> <div><br> </div> <div>=C2=A0 a) You may convey the object code in, or embodied in, a physical</div> <div>=C2=A0 =C2=A0 =C2=A0product (including a physical = distribution medium), accompanied by</div> <div>=C2=A0 =C2=A0 =C2=A0the Corresponding Resource fix= ed on a durable physical medium</div> <div>=C2=A0 =C2=A0 =C2=A0customarily used for software = exchange.</div> <div><br> </div> <div>=C2=A0 b) You may convey the object code in, or embodied in, a physical</div> <div>=C2=A0 =C2=A0 =C2=A0product (including a physical = distribution medium), accompanied by a</div> <div>=C2=A0 =C2=A0 =C2=A0written offer, valid for at le= ast three years and for as long as you</div> <div>=C2=A0 =C2=A0 =C2=A0offer spare parts, updates, or= customer support for that product</div> <div>=C2=A0 =C2=A0 =C2=A0model, to provide any recipien= t with either:</div> <div><br> </div> <div>=C2=A0 =C2=A0 =C2=A0 =C2=A0(1) a copy of the Corre= sponding Resource for all covered Works in</div> <div>=C2=A0 =C2=A0 =C2=A0 =C2=A0 =C2=A0 =C2=A0the produ= ct, on a durable physical medium customarily used for</div> <div>=C2=A0 =C2=A0 =C2=A0 =C2=A0 =C2=A0 =C2=A0software = exchange, for a price no higher than the reasonable</div> <div>=C2=A0 =C2=A0 =C2=A0 =C2=A0 =C2=A0 =C2=A0cost of p= hysically performing this transmission; or</div> <div><br> </div> <div>=C2=A0 =C2=A0 =C2=A0 =C2=A0(2) immediate and unres= tricted access to copy the Corresponding</div> <div>=C2=A0 =C2=A0 =C2=A0 =C2=A0 =C2=A0 =C2=A0Resource = through any reasonable and publicly accessible means.</div> <div><br> </div> <div>The refusal or non-acceptance of such a written offer by any recipient</div> <div>does not relieve you of the obligation to ensure that the</div> <div>Corresponding Resource remains publicly available under this License</div> <div>for the duration required by this Section.</div> <div><br> </div> <div>=C2=A0 c) You may convey individual copies of the object code together with a</div> <div>=C2=A0 =C2=A0 =C2=A0copy of the written offer desc= ribed in subsection (b), but only</div> <div>=C2=A0 =C2=A0 =C2=A0occasionally, for non-commerci= al purposes, and only if you received</div> <div>=C2=A0 =C2=A0 =C2=A0the object code accompanied by= such an offer.</div> <div><br> </div> <div>=C2=A0 d) You may convey the object code by offeri= ng access from a designated</div> <div>=C2=A0 =C2=A0 =C2=A0location, free of charge or fo= r a fee, provided that equivalent access</div> <div>=C2=A0 =C2=A0 =C2=A0to the Corresponding Resource = is offered in the same manner, without</div> <div>=C2=A0 =C2=A0 =C2=A0delay, additional conditions, = or practical barriers. If the object</div> <div>=C2=A0 =C2=A0 =C2=A0code is offered from a network= server, the Corresponding Resource may</div> <div>=C2=A0 =C2=A0 =C2=A0be hosted on a different serve= r operated by you or by a third party,</div> <div>=C2=A0 =C2=A0 =C2=A0provided that clear, prominent= , and persistent instructions are given</div> <div>=C2=A0 =C2=A0 =C2=A0alongside the object code indi= cating where and how the Corresponding</div> <div>=C2=A0 =C2=A0 =C2=A0Resource may be obtained.</div= > <div><br> </div> <div>Any technical, contractual, procedural, or policy-based measure that</div> <div>has the effect of discouraging, delaying, conditioning, or preventing</div> <div>access to the Corresponding Resource constitutes a failure to comply</div> <div>with the requirements of this License.</div> <div><br> </div> <div>=C2=A0 e) You may convey the object code using peer-to-peer transmission,</div> <div>=C2=A0 =C2=A0 =C2=A0provided that you clearly info= rm all peers where the object code and</div> <div>=C2=A0 =C2=A0 =C2=A0the Corresponding Resource are= being offered to the general public,</div> <div>=C2=A0 =C2=A0 =C2=A0free of charge, under the term= s of this License.</div> <div><br> </div> <div>A separable portion of the object code whose source is excluded from</div> <div>the Corresponding Resource as a System Library need not be included in</div> <div>the transmission of the object code. If you convey an object code Work</div> <div>under this Section in, with, or specifically for use in a User Product,</div> <div>and the conveyance occurs as part of a transaction transferring the right</div> <div>of possession or use of the User Product to the recipient, the Corresponding</div> <div>Resource must be accompanied by the Installation Information. This requirement</div> <div>does not apply if neither you nor any third party retains the ability to</div> <div>install modified object code on the User Product. The Corresponding Resource</div> <div>and any Installation Information provided under this Section must be in a</div> <div>publicly documented format, must not impose additional restrictions that</div> <div>materially limit the practical ability of recipients to exercise the rights</div> <div>granted under this License to access, and must remain available for as long</div> <div>as necessary to satisfy the requirements of this License.</div> <div><br> </div> <div>--------------------------------------------------= -------------------------</div> <div><br> </div> <div>V. Termination.</div> <div><br> </div> <div>You may not convey, or modify a covered Work except as</div> <div>expressly permitted under this License. Any attempt to do so otherwise</div> <div>is void and shall automatically terminate your rights under this</div> <div>License. However, if you cease all violations of this License, your</div> <div>rights under this License from a particular copyright holder are</div> <div>reinstated provisionally, unless and until that copyright holder</div> <div>explicitly and finally terminates those rights.</d= iv> <div><br> </div> <div>Your rights are reinstated permanently if the copyright holder fails to</div> <div>notify you of the violation by reasonable means within sixty (60) days</div> <div>after the cessation of the violation.</div> <div><br> </div> <div>Additionally, your rights are reinstated permanently if this is the</div> <div>first time you have received notice of a violation of this License from</div> <div>that copyright holder, and you cure the violation within thirty (30)</div> <div>days after receiving such notice.</div> <div><br> </div> <div>Termination of your rights under this Section does not terminate the</div> <div>licenses of any parties who have received copies of the Work, or rights</div> <div>under this License, from you prior to such termination.</div> <div><br> </div> <div>--------------------------------------------------= -------------------------</div> <div><br> </div> <div>VI. Acceptance Not Required for Possession or Use.</div> <div><br> </div> <div>You are not required to accept this License in order to receive,</div> <div>possess, or use a copy of a covered Work. The mere act of downloading,</div> <div>receiving, storing, or executing the Work does not constitute acceptance</div> <div>of this License.</div> <div><br> </div> <div>Propagation or conveyance of a covered Work that occurs solely as an</div> <div>automatic, incidental, or passive consequence of using a network,</div> <div>distribution system, or peer-to-peer transmission to receive a copy</div> <div>likewise does not require acceptance of this License.</div> <div><br> </div> <div>However, nothing other than this License grants you permission to</div> <div>convey, or modify a covered Work. Any such actions without</div> <div>authorization under this License constitute copyright infringement.</div> <div><br> </div> <div>By propagating, conveying, or modifying a covered Work, you indicate</div> <div>your acceptance of this License and all of its terms and conditions</div> <div>with respect to those actions.</div> <div><br> </div> <div>--------------------------------------------------= -------------------------</div> <div><br> </div> <div>VII. Automatic Licensing of Downstream Recipients.</div> <div><br> </div> <div>The license granted to recipients of a covered Work arises solely by</div> <div>operation of this License and not by virtue of any separate agreement,</div> <div>contract, or policy.</div> <div><br> </div> <div>Each time you convey a covered Work, the recipient automatically</div> <div>receives a license directly from the original licensors to use,</div> <div>operate, study, modify, and convey that Work, subject to the terms and</div> <div>conditions of this License.</div> <div><br> </div> <div>You are not responsible for enforcing compliance with this License by</div> <div>third parties.</div> <div><br> </div> <div>An "entity transaction" means a transact= ion that transfers control of</div> <div>an organization, transfers substantially all of its assets, subdivides</div> <div>an organization, or merges organizations. If conveyance of a covered</div> <div>Work results from an entity transaction, each party to that transaction</div> <div>who receives a copy of the Work also receives any licenses to the Work</div> <div>that the predecessor in interest had or could grant under this License,</div> <div>together with the right to receive the Corresponding Resource of the</div> <div>Work, if the predecessor possesses it or can obtain it with reasonable</div> <div>effort.</div> <div><br> </div> <div>You may not impose any additional legal, contractual, technical, or</div> <div>policy-based restrictions on the exercise of the rights granted or</div> <div>affirmed under this License. Any attempt to impose such further</div> <div>restrictions is void and shall not affect the rights of recipients</div> <div>under this License.</div> <div><br> </div> <div>--------------------------------------------------= -------------------------</div> <div><br> </div> <div>VIII. Patents.</div> <div><br> </div> <div>A "Contributor" is a copyright holder wh= o authorizes the use of a</div> <div>covered Work under this License. The Work so licensed is referred to</div> <div>as the Contributor=E2=80=99s "Contributor Ver= sion".</div> <div><br> </div> <div>Each Contributor grants to every recipient of the Contributor Version</div> <div>a non-exclusive, worldwide, royalty-free, irrevocable patent license</div> <div>under any patent claims owned or controlled by that Contributor, to</div> <div>the extent that such claims are necessarily infringed by the use,</div> <div>operation, modification, or conveyance of the Contributor Version in</div> <div>a manner permitted by this License.</div> <div><br> </div> <div>This patent license applies only to those patent claims that are</div> <div>unavoidably infringed by exercising the rights granted under this</div> <div>License with respect to the Contributor Version. It does not extend</div> <div>to patent claims that would be infringed solely as a result of further</div> <div>modification, combination, or use beyond the scope of the Contributor</div> <div>Version.</div> <div><br> </div> <div>If you convey a covered Work, you may not rely on, assert, or enforce</div> <div>any patent license, agreement, covenant, or arrangement that would</div> <div>result in any recipient being denied the full exercise of the rights</div> <div>granted under this License.</div> <div><br> </div> <div>Any patent license granted in connection with a covered Work must be</div> <div>non-discriminatory and must extend equally to all recipients of that</div> <div>Work under this License.</div> <div><br> </div> <div>Nothing in this License shall be construed as limiting, excluding, or</div> <div>waiving any implied patent license, patent exhaustion doctrine, or</div> <div>other defenses to patent infringement that may be available under</div> <div>applicable law.</div> <div><br> </div> <div>--------------------------------------------------= -------------------------</div> <div><br> </div> <div>IX. Linking and Combined Works.</div> <div><br> </div> <div>A Library Work covered by this License may be linked, combined, or</div> <div>otherwise integrated with an independent Work, whether statically or</div> <div>dynamically, without causing this License to apply to the independent</div> <div>Work as a whole, provided that the terms of this Section are satisfied.</div> <div><br> </div> <div>The Library Work itself, and any modifications to it, must remain</div> <div>licensed under this License. Any party conveying a modified version of</div> <div>the Library Work, or a Combined Work containing a modified Library Work,</div> <div>must comply with the terms of this License with respect to the Library</div> <div>Work.</div> <div><br> </div> <div>You must not restrict the ability of recipients to modify the Library</div> <div>Work and to relink or otherwise use a modified version of the Library</div> <div>Work with the Combined Work. This includes providing the necessary</div> <div>source code, interface information, and build mechanisms required to</div> <div>enable such modification and relinking.</div> <div><br> </div> <div>A Combined Work that merely links to, imports, or uses a Library Work</div> <div>through its defined interfaces shall not be required to be licensed</div> <div>under this License, provided that the Library Work remains separable</div> <div>and replaceable.</div> <div><br> </div> <div>Mere aggregation of independent Works, or communication between</div> <div>independent Works through standard interfaces, inter-process</div> <div>communication, command-line invocation, or network protocols, does not</div> <div>by itself cause this License to apply to such independent Works.</div> <div><br> </div> <div>--------------------------------------------------= -------------------------</div> <div><br> </div> <div>X. Equal Access to Corresponding Resource.</div> <div><br> </div> <div>Where access to a covered Work or its Corresponding Resource is granted</div> <div>to any recipient, such access must be provided in a manner consistent</div> <div>with the requirements of this License and must not impose additional</div> <div>restrictions that materially and demonstrably impair the ability of</div> <div>recipients to exercise the rights granted herein.</div> <div><br> </div> <div>Differences in timing, format, location, or method of access shall not</div> <div>constitute a violation of this License unless they have the practical</div> <div>effect of preventing or significantly hindering recipients from</div> <div>understanding, modifying, or reusing the Work.</di= v> <div><br> </div> <div>The Corresponding Resource must be provided in a form that is reasonably</div> <div>usable and modifiable by a competent developer using commonly available</div> <div>tools.</div> <div><br> </div> <div>--------------------------------------------------= -------------------------</div> <div><br> </div> <div>XI. Protection of Contributor Rights.</div> <div><br> </div> <div>No agreement, policy, contract, or other arrangement may retroactively</div> <div>restrict, revoke, or nullify the rights granted to a Contributor under</div> <div>this License with respect to their contributions.</div> <div><br> </div> <div>Any additional agreement affecting a Contributor=E2=80=99s contributions must</div> <div>not diminish the permissions, freedoms, or protections granted by this</div> <div>License to that Contributor or to recipients of the covered Work.</div> <div><br> </div> <div>If conditions are imposed upon you, whether by court order, agreement,</div> <div>policy, or otherwise, that contradict the conditions of this License,</div> <div>such conditions do not excuse you from complying with this License. If</div> <div>you cannot convey a covered Work in a manner that simultaneously</div> <div>satisfies your obligations under this License and any other applicable</div> <div>obligations, then you may not convey the covered Work at all.</div> <div><br> </div> <div>You may not impose, accept, or pass through any obligation that has the</div> <div>effect of restricting, conditioning, or discouraging the exercise of</div> <div>the rights granted under this License by recipients of the covered Work.</div> <div>For example, if you agree to terms that require the collection of fees,</div> <div>royalties, or other consideration as a condition of further conveyance,</div> <div>and such terms are incompatible with this License, you must refrain</div> <div>entirely from conveying the covered Work under those terms.</div> <div><br> </div> <div>--------------------------------------------------= -------------------------</div> <div><br> </div> <div>XII. Uniform Exercise of Rights.</div> <div><br> </div> <div>Where a covered Work is conveyed, distributed, or made available in</div> <div>object code, executable, operational, or service form, the</div> <div>Corresponding Resource for that Work must be made available under this</div> <div>License no later than the time at which such form is first provided to</div> <div>any recipient.</div> <div><br> </div> <div>A difference in timing, manner, or conditions under which access to the</div> <div>Work or its Corresponding Resource is provided shall constitute a</div> <div>violation of this License only where such difference materially and</div> <div>demonstrably prevents recipients from exercising the rights granted</div> <div>under this License.</div> <div><br> </div> <div>Nothing in this Section shall be construed to prohibit staged releases,</div> <div>differentiated distribution models, or varied access arrangements,</div> <div>provided that the Corresponding Resource is made available in a manner</div> <div>consistent with the requirements of this License and without imposing</div> <div>additional restrictions on the exercise of the rights granted herein.</div> <div><br> </div> <div>The rights granted under this License apply equally to all recipients</div> <div>and all fields of endeavor. No restriction or condition may be imposed</div> <div>that limits the exercise of such rights based on the nature, identity,</div> <div>or purpose of the recipient.</div> <div><br> </div> <div>The rights granted under this License may not be negated or restricted</div> <div>by separate agreements, policies, or contractual terms to the extent</div> <div>that such terms conflict with this License.</div> <div><br> </div> <div>Where a covered Work is operated as part of a larger system, service,</div> <div>or deployment, the Corresponding Resource shall include only the source</div> <div>code of the covered Work itself and any modifications thereto, and does</div> <div>not require the disclosure of independent works or system components</div> <div>that are not derived from the covered Work.</div> <div><br> </div> <div>--------------------------------------------------= -------------------------</div> <div><br> </div> <div>XIII. Disclaimer of Warranty.</div> <div><br> </div> <div>TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WORK IS PROVIDED</div> <div>"AS IS" AND WITHOUT WARRANTY OF ANY KIND= . EXCEPT WHERE OTHERWISE</div> <div>EXPRESSLY STATED IN WRITING, THE COPYRIGHT HOLDERS AND/OR OTHER PARTIES</div> <div>PROVIDE THE WORK WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING,</div> <div>BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR</div> <div>A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. THE ENTIRE RISK AS TO</div> <div>THE QUALITY, PERFORMANCE, AND FUNCTIONALITY OF THE WORK IS WITH YOU.</div> <div>SHOULD THE WORK PROVE DEFECTIVE OR FAIL TO OPERATE AS EXPECTED, YOU</div> <div>ASSUME ALL COSTS OF NECESSARY SERVICING, REPAIR, CORRECTION, OR REMEDIATION.</div> <div><br> </div> <div>--------------------------------------------------= -------------------------</div> <div><br> </div> <div>XIV. Limitation of Liability.</div> <div><br> </div> <div>TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL</div> <div>ANY COPYRIGHT HOLDER, CONTRIBUTOR, OR ANY OTHER PARTY WHO MODIFIES,</div> <div>CONVEYS, OR OTHERWISE MAKES THE WORK AVAILABLE BE LIABLE TO YOU FOR</div> <div>ANY DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, DIRECT,</div> <div>INDIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR</div> <div>PUNITIVE DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR</div> <div>INABILITY TO USE, THE WORK, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE</div> <div>POSSIBILITY OF SUCH DAMAGES.</div> <div><br> </div> <div>--------------------------------------------------= -------------------------</div> <div><br> </div> <div>XV. Interpretation of Sections XIII and XIV.</div> <div><br> </div> <div>If the disclaimer of warranty or limitation of liability set forth in</div> <div>Sections XIII and XIV of this License cannot be given full legal effect</div> <div>under applicable local law, such provisions shall be enforced to the</div> <div>maximum extent permitted by that law.</div> <div><br> </div> <div>In such cases, courts shall apply the local law in a manner that most</div> <div>closely approximates an absolute exclusion or limitation of civil</div> <div>liability in connection with the Work, consistent with the intent of</div> <div>Sections XIII and XIV, unless a warranty or assumption of liability</div> <div>accompanies a copy of the Work in return for a fee.</div> <div><br> </div> <div>--------------------------------------------------= -------------------------</div> <div>--------------------------------------------------= -------------------------</div> <div>-------- PART II =E2=80=94 NETWORK-BASED OPERATION= AND PLATFORM CONSTRAINTS--------</div> <div>This Part clarifies how the core obligations of this License apply when ---</div> <div>a covered Work is operated, deployed, or made available as part of a ------</div> <div>network-accessible service or managed system. THIS PART IS NON-NORMATIVE. -</div> <div>Nothing in this Part creates additional permissions, obligations, or ------</div> <div>restrictions beyond those expressly set forth in Part I. ------------------</div> <div>--------------------------------------------------= -------------------------</div> <div>--------------------------------------------------= -------------------------</div> <div><br> </div> <div>I. Design Intent and Scope (Non-Normative)</div> <div><br> </div> <div>This License is intentionally designed to address deployment models</div> <div>and technical realities that are insufficiently covered by existing</div> <div>copyleft licenses, including but not limited to:</div> <div><br> </div> <div>- Network-based service operation without distribution</div> <div>- Managed deployment environments and platform-controlled systems</div> <div>- Modern software supply chains involving orchestration and service glue</div> <div><br> </div> <div>The operative provisions of this License reflect these goals directly.</div> <div>This explanatory section is non-normative and does not modify the legal</div> <div>terms of the License.</div> <div><br> </div> <div>--------------------------------------------------= -------------------------</div> <div><br> </div> <div>II. Authority of Interpretation.</div> <div><br> </div> <div>The terms of this License shall be interpreted according to their</div> <div>plain meaning and intent, as expressed in the text of this License,</div> <div>and in accordance with applicable law. No person or organization may</div> <div>grant permissions, exceptions, or interpretations that purport to</div> <div>modify the terms of this License or impose additional obligations</div> <div>beyond those expressly stated herein, except by the applicable</div> <div>copyright holder with respect to their own contributions.</div> <div>Any statements, policies, guidance documents, contractual terms,</div> <div>or representations not expressly incorporated into this License</div> <div>shall have no effect on the scope, interpretation, or enforcement</div> <div>of the rights and obligations granted under this License. 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