For Approval: Artistic License 2.0

[Allison Randal]

1) The Artistic License 2.0 is an updated version of the Artistic
License (<http://opensource.org/licenses/artistic-license.php>) and
replaces both the original license and the "Clarified Artistic License"
(which was an early draft that never should have escaped into the wild).
The goal of the Artistic 2.0 revision is to make the terms of the
original Artistic License more readable and more legally precise. In
some cases we made the language more general so the license may fit
better with past and future changes in technology. The significant
additions to the Artistic 2.0 are sections 4(c)(ii), which addresses
relicensing, and 13, which addresses patents. Section 4(c)(ii) allows a
work released under the Artistic license to be relicensed under a
copyleft license such as the GPL. This enables the Perl Foundation to
change from releasing packages under a dual GPL/Artistic license to
releasing them only under the Artistic license.

2) Upstream compatibility: A work distributed under the Artistic License
2.0 may include works licensed under the Artistic 1.0, Apache 2.0, BSD,
or MIT licenses, as they have more permissive terms. It may not include
works licensed under the GPL, LGPL, or MPL as they have more restrictive
terms.

Downstream compatibility: A work distributed under the MPL may include
works licensed under the Artistic 2.0 as it has more restrictive terms.
A work distributed under the GPL or LGPL may also include works licensed
under the Artistic 2.0, relicensing those included works under section
4(c)(ii) of the Artistic 2.0. A work distributed under the Apache, MIT,
or BSD licenses may not include works licensed under the Artistic 2.0,
as they have more permissive terms.

3) Plain text license attached. HTML in OSI's format is available at:
<http://foundation.perl.org/legal/licenses/artistic-2_0-plain.html>

Allison


                       The Artistic License 2.0

            Copyright (c) 2000-2006, The Perl Foundation.

     Everyone is permitted to copy and distribute verbatim copies
      of this license document, but changing it is not allowed.

Preamble

This license establishes the terms under which a given free software
Package may be copied, modified, distributed, and/or redistributed.
The intent is that the Copyright Holder maintains some artistic
control over the development of that Package while still keeping the
Package available as open source and free software.

You are always permitted to make arrangements wholly outside of this
license directly with the Copyright Holder of a given Package.  If the
terms of this license do not permit the full use that you propose to
make of the Package, you should contact the Copyright Holder and seek
a different licensing arrangement.

Definitions

    "Copyright Holder" means the individual(s) or organization(s)
    named in the copyright notice for the entire Package.

    "Contributor" means any party that has contributed code or other
    material to the Package, in accordance with the Copyright Holder's
    procedures.

    "You" and "your" means any person who would like to copy,
    distribute, or modify the Package.

    "Package" means the collection of files distributed by the
    Copyright Holder, and derivatives of that collection and/or of
    those files. A given Package may consist of either the Standard
    Version, or a Modified Version.

    "Distribute" means providing a copy of the Package or making it
    accessible to anyone else, or in the case of a company or
    organization, to others outside of your company or organization.

    "Distributor Fee" means any fee that you charge for Distributing
    this Package or providing support for this Package to another
    party.  It does not mean licensing fees.

    "Standard Version" refers to the Package if it has not been
    modified, or has been modified only in ways explicitly requested
    by the Copyright Holder.

    "Modified Version" means the Package, if it has been changed, and
    such changes were not explicitly requested by the Copyright
    Holder.

    "Original License" means this Artistic License as Distributed with
    the Standard Version of the Package, in its current version or as
    it may be modified by The Perl Foundation in the future.

    "Source" form means the source code, documentation source, and
    configuration files for the Package.

    "Compiled" form means the compiled bytecode, object code, binary,
    or any other form resulting from mechanical transformation or
    translation of the Source form.


Permission for Use and Modification Without Distribution

(1)  You are permitted to use the Standard Version and create and use
Modified Versions for any purpose without restriction, provided that
you do not Distribute the Modified Version.


Permissions for Redistribution of the Standard Version

(2)  You may Distribute verbatim copies of the Source form of the
Standard Version of this Package in any medium without restriction,
either gratis or for a Distributor Fee, provided that you duplicate
all of the original copyright notices and associated disclaimers.  At
your discretion, such verbatim copies may or may not include a
Compiled form of the Package.

(3)  You may apply any bug fixes, portability changes, and other
modifications made available from the Copyright Holder.  The resulting
Package will still be considered the Standard Version, and as such
will be subject to the Original License.


Distribution of Modified Versions of the Package as Source

(4)  You may Distribute your Modified Version as Source (either gratis
or for a Distributor Fee, and with or without a Compiled form of the
Modified Version) provided that you clearly document how it differs
from the Standard Version, including, but not limited to, documenting
any non-standard features, executables, or modules, and provided that
you do at least ONE of the following:

    (a)  make the Modified Version available to the Copyright Holder
    of the Standard Version, under the Original License, so that the
    Copyright Holder may include your modifications in the Standard
    Version.

    (b)  ensure that installation of your Modified Version does not
    prevent the user installing or running the Standard Version. In
    addition, the Modified Version must bear a name that is different
    from the name of the Standard Version.

    (c)  allow anyone who receives a copy of the Modified Version to
    make the Source form of the Modified Version available to others
    under
               
        (i)  the Original License or

        (ii)  a license that permits the licensee to freely copy,
        modify and redistribute the Modified Version using the same
        licensing terms that apply to the copy that the licensee
        received, and requires that the Source form of the Modified
        Version, and of any works derived from it, be made freely
        available in that license fees are prohibited but Distributor
        Fees are allowed.


Distribution of Compiled Forms of the Standard Version
or Modified Versions without the Source

(5)  You may Distribute Compiled forms of the Standard Version without
the Source, provided that you include complete instructions on how to
get the Source of the Standard Version.  Such instructions must be
valid at the time of your distribution.  If these instructions, at any
time while you are carrying out such distribution, become invalid, you
must provide new instructions on demand or cease further distribution.
If you provide valid instructions or cease distribution within thirty
days after you become aware that the instructions are invalid, then
you do not forfeit any of your rights under this license.

(6)  You may Distribute a Modified Version in Compiled form without
the Source, provided that you comply with Section 4 with respect to
the Source of the Modified Version.


Aggregating or Linking the Package

(7)  You may aggregate the Package (either the Standard Version or
Modified Version) with other packages and Distribute the resulting
aggregation provided that you do not charge a licensing fee for the
Package.  Distributor Fees are permitted, and licensing fees for other
components in the aggregation are permitted. The terms of this license
apply to the use and Distribution of the Standard or Modified Versions
as included in the aggregation.

(8) You are permitted to link Modified and Standard Versions with
other works, to embed the Package in a larger work of your own, or to
build stand-alone binary or bytecode versions of applications that
include the Package, and Distribute the result without restriction,
provided the result does not expose a direct interface to the Package.


Items That are Not Considered Part of a Modified Version

(9) Works (including, but not limited to, modules and scripts) that
merely extend or make use of the Package, do not, by themselves, cause
the Package to be a Modified Version.  In addition, such works are not
considered parts of the Package itself, and are not subject to the
terms of this license.


General Provisions

(10)  Any use, modification, and distribution of the Standard or
Modified Versions is governed by this Artistic License. By using,
modifying or distributing the Package, you accept this license. Do not
use, modify, or distribute the Package, if you do not accept this
license.

(11)  If your Modified Version has been derived from a Modified
Version made by someone other than you, you are nevertheless required
to ensure that your Modified Version complies with the requirements of
this license.

(12)  This license does not grant you the right to use any trademark,
service mark, tradename, or logo of the Copyright Holder.

(13)  This license includes the non-exclusive, worldwide,
free-of-charge patent license to make, have made, use, offer to sell,
sell, import and otherwise transfer the Package with respect to any
patent claims licensable by the Copyright Holder that are necessarily
infringed by the Package. If you institute patent litigation
(including a cross-claim or counterclaim) against any party alleging
that the Package constitutes direct or contributory patent
infringement, then this Artistic License to you shall terminate on the
date that such litigation is filed.

(14)  Disclaimer of Warranty:
THE PACKAGE IS PROVIDED BY THE COPYRIGHT HOLDER AND CONTRIBUTORS "AS
IS" AND WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES. THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR
NON-INFRINGEMENT ARE DISCLAIMED TO THE EXTENT PERMITTED BY YOUR LOCAL
LAW. UNLESS REQUIRED BY LAW, NO COPYRIGHT HOLDER OR CONTRIBUTOR WILL
BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL
DAMAGES ARISING IN ANY WAY OUT OF THE USE OF THE PACKAGE, EVEN IF
ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

[John Cowan]

Allison Randal scripsit:

> The Artistic License 2.0 is an updated version of the Artistic License

Summary:  I think this license is clearly free and open source.  I
have a few minor criticisms of the wording.

> Definitions

It's useful to alphabetize the definitions.

>     "Original License" means this Artistic License as Distributed with
>     the Standard Version of the Package, in its current version or as
>     it may be modified by The Perl Foundation in the future.

Rather than embedding "The Perl Foundation" into this definition, I
suggest that you change this to "the License Steward" and then add the
following definition:

        "License Steward" means The Perl Foundation or its
        assignee under clause 15.

Clause 15 (which I've borrowed from the Common Public License)
would look something like this:

        (15) In order to avoid inconsistency this license is copyrighted
        and may only be modified in the following manner. The License
        Steward reserves the right to publish new versions (including
        revisions) of this license from time to time. No one other than
        the License Steward has the right to modify this license. The
        Perl Foundation is the initial License Steward. The License
        Steward may assign the responsibility to serve as the License
        Steward to a suitable separate entity. Each new version of this
        license will be given a distinguishing version number. A Package
        may always be distributed subject to the version of this license
        under which it was received. In addition, after a new version of
        this license is published, a Contributor may elect to distribute
        the Package under the new version.

--
Even the best of friends cannot                 John Cowan
attend each others' funeral.                    cowan@...
        --Kehlog Albran, The Profit             http://www.ccil.org/~cowan

[Matthew Flaschen]

John Cowan wrote:
> Allison Randal scripsit:
>
>> The Artistic License 2.0 is an updated version of the Artistic License
>
> Summary:  I think this license is clearly free and open source.  I
> have a few minor criticisms of the wording.

I agree.  The main issue I had was with "(6) You may Distribute a
Modified Version in Compiled form without the Source, provided that you
comply with Section 4 with respect to the Source of the Modified Version."

Is that intended to allow proprietary modifications?  As written, it
doesn't seem to require source distribution for modified versions, only
specifying how the source *can* be distributed.

Matthew Flaschen

[John Cowan]

Matthew Flaschen scripsit:

> I agree.  The main issue I had was with "(6) You may Distribute a
> Modified Version in Compiled form without the Source, provided that you
> comply with Section 4 with respect to the Source of the Modified Version."
>
> Is that intended to allow proprietary modifications?  
> doesn't seem to require source distribution for modified versions, only
> specifying how the source *can* be distributed.

It is.  The Artistic License is not now, nor has it ever been, a
copyleft license.

You can distribute your hacked proprietary version of Perl in
binary form only provided you don't call it "Perl" and provided
your installation does not screw up an existing or future
installation of Perl.

--
John Cowan   cowan@...    http://ccil.org/~cowan
I come from under the hill, and under the hills and over the hills my paths
led. And through the air. I am he that walks unseen.  I am the clue-finder,
the web-cutter, the stinging fly. I was chosen for the lucky number.  --Bilbo

[Matthew Flaschen]

John Cowan wrote:

> Matthew Flaschen scripsit:
>
>> I agree.  The main issue I had was with "(6) You may Distribute a
>> Modified Version in Compiled form without the Source, provided that you
>> comply with Section 4 with respect to the Source of the Modified Version."
>>
>> Is that intended to allow proprietary modifications?  
>> doesn't seem to require source distribution for modified versions, only
>> specifying how the source *can* be distributed.
>
> It is.  The Artistic License is not now, nor has it ever been, a
> copyleft license.

I can see the original license isn't, after re-reading it.  However,
this clause just seems unclear to me.  Maybe "provided your distribution
of the Compiled form complies with Section 4" would be better.

Matthew Flaschen

[Allison Randal]

Matthew Flaschen wrote:

> John Cowan wrote:
>> Matthew Flaschen scripsit:
>>
>>> I agree.  The main issue I had was with "(6) You may Distribute a
>>> Modified Version in Compiled form without the Source, provided that you
>>> comply with Section 4 with respect to the Source of the Modified Version."
>>>
>>> Is that intended to allow proprietary modifications?  
>>> doesn't seem to require source distribution for modified versions, only
>>> specifying how the source *can* be distributed.
>> It is.  The Artistic License is not now, nor has it ever been, a
>> copyleft license.

Yes.

> I can see the original license isn't, after re-reading it.  However,
> this clause just seems unclear to me.  Maybe "provided your distribution
> of the Compiled form complies with Section 4" would be better.

But not accurate. It means what it says: you can distribute compiled
forms as long as your distribution (or lack of distribution) of the
source code complies with Section 4.

Allison

[Allison Randal]

John Cowan wrote:
>
> It's useful to alphabetize the definitions.

We preferred to order them by logical development of concepts, so as you
read through, the definitions build on each other. This greatly improves
the readability of the license, which is one of our core goals in the
update.

>>     "Original License" means this Artistic License as Distributed with
>>     the Standard Version of the Package, in its current version or as
>>     it may be modified by The Perl Foundation in the future.
>
> Rather than embedding "The Perl Foundation" into this definition, I
> suggest that you change this to "the License Steward" and then add the
> following definition:
>
> "License Steward" means The Perl Foundation or its
> assignee under clause 15.
>
> Clause 15 (which I've borrowed from the Common Public License)
> would look something like this:
>
> (15) In order to avoid inconsistency this license is copyrighted
> and may only be modified in the following manner. The License
> Steward reserves the right to publish new versions (including
> revisions) of this license from time to time. No one other than
> the License Steward has the right to modify this license. The
> Perl Foundation is the initial License Steward. The License
> Steward may assign the responsibility to serve as the License
> Steward to a suitable separate entity. Each new version of this
> license will be given a distinguishing version number. A Package
> may always be distributed subject to the version of this license
> under which it was received. In addition, after a new version of
> this license is published, a Contributor may elect to distribute
> the Package under the new version.

We discussed adding more explicit discussion of the results of an
updated license, but in the end decided it was really an FAQ, not a
license term. See
<http://www.perlfoundation.org/legal/licenses/artistic-2_0-notes.html>,
under "Original License".

On wording "License Steward" vs. "The Perl Foundation", it goes back to
our goal of keeping the license clear, simple, and straightforward.
Sure, 20-50 years down the road the Perl Foundation could be dissolved
or absorbed by some other organization, but the event would be governed
by the laws in force at the time. The additional layer of indirection
doesn't add value, but does make the license less clear.

Thanks,
Allison

[John Cowan]

Allison Randal scripsit:

> We discussed adding more explicit discussion of the results of an
> updated license, but in the end decided it was really an FAQ, not a
> license term. See
> <http://www.perlfoundation.org/legal/licenses/artistic-2_0-notes.html>,
> under "Original License".

Thanks for the pointer.  I withdraw my comments.

--
John Cowan   http://ccil.org/~cowan    cowan@...
In might the Feanorians / that swore the unforgotten oath
brought war into Arvernien / with burning and with broken troth.
and Elwing from her fastness dim / then cast her in the waters wide,
but like a mew was swiftly borne, / uplifted o'er the roaring tide.
        --the Earendillinwe

[Matthew Flaschen]

Allison Randal wrote:
> But not accurate. It means what it says: you can distribute compiled
> forms as long as your distribution (or lack of distribution) of the
> source code complies with Section 4.

Do you intend that binary versions doesn't have to comply with section
4?  Could I for instance make a proprietary version of perl called
"perl"?  I wouldn't be distributing source code that violated section 4.

Matthew Flaschen

[Allison Randal]

Matthew Flaschen wrote:
> Allison Randal wrote:
>> But not accurate. It means what it says: you can distribute compiled
>> forms as long as your distribution (or lack of distribution) of the
>> source code complies with Section 4.
>
> Do you intend that binary versions doesn't have to comply with section
> 4?  Could I for instance make a proprietary version of perl called
> "perl"?  I wouldn't be distributing source code that violated section 4.

No, modification without distribution is section 1. Under section 6, all
binary versions (compiled versions, etc) must comply with section 4. And
under section 4 you must either contribute your changes (as source) back
to the original project, change the name, or release your source code
under the Artistic License or a copy-left license. Distribution is
distribution, whether it's binary or source.

Allison

[Ian Jackson-2]

Allison Randal writes ("For Approval: Artistic License 2.0"):
>       The Artistic License 2.0

Is this still a draft ?

It occurs to me that your intent doesn't seem to necessarily imply GPL
incompatibility.  Without looking at it in detail I'm not sure whether
it's compatible and all I could find on the FSF website[1] is an aside
which suggests that the FSF think it is compatible.

Have you talked to the FSF at all ?  If not you might like to do so
because if you have no particular reason to be GPL-incompatible it
will generally make everyone's lives easier if you are compatible.

Thanks,
Ian.