[Python-Dev] Still no new license -- but draft text available

Wed Aug 2 05:12:01 EDT 2000

Guido van Rossum wrote:
> 
> We still don't have a new license for Python 1.6; Bob Kahn and Richard
> Stallman need to talk before a decision can be made about how to deal
> with the one remaining GPL incompatibility.  While we're all waiting,
> we're preparing the CNRI 1.6 release at SourceForge (part of the deal
> is that the PythonLabs group finishes the 1.6 release for CNRI).  The
> last thing I committed today was the text (dictated by Bob Kahn) for
> the new LICENSE file that will be part of the 1.6 beta 1 release.
> (Modulo any changes that will be made to the license text to ensure
> GPL compatibility.)
> 
> Since anyone with an anonymous CVS setup can now read the license
> anyway, I might as well post a copy here so that you can all get used
> to it...

Is the license on 2.0 going to look the same ? I mean we now
already have two seperate licenses and if BeOpen adds another
two or three paragraphs will end up with a license two pages
long.

Oh, how I loved the old CWI license...

Some comments on the new version:

> A. HISTORY OF THE SOFTWARE
> 
> Python originated in 1991 at Stichting Mathematisch Centrum (CWI) in
> the Netherlands as an outgrowth of a language called ABC.  Its
> principal author was Guido van Rossum, although it included smaller
> contributions from others at CWI and elsewhere.  The last version of
> Python issued by CWI was Python 1.2.  In 1995, Mr. van Rossum
> continued his work on Python at the Corporation for National Research
> Initiatives (CNRI) in Reston, Virginia where several versions of the
> software were generated.  Python 1.6 is the last of the versions
> developed at CNRI.
> 
> B. TERMS AND CONDITIONS FOR ACCESSING OR OTHERWISE USING Python 1.6, beta 1
> 
> 1. CNRI LICENSE AGREEMENT
> 
>         PYTHON 1.6, beta 1
> 
>         CNRI OPEN SOURCE LICENSE AGREEMENT
> 
> IMPORTANT: PLEASE READ THE FOLLOWING AGREEMENT CAREFULLY.
> 
> BY CLICKING ON "ACCEPT" WHERE INDICATED BELOW, OR BY COPYING,
> INSTALLING OR OTHERWISE USING PYTHON 1.6, beta 1 SOFTWARE, YOU ARE
> DEEMED TO HAVE AGREED TO THE TERMS AND CONDITIONS OF THIS LICENSE
> AGREEMENT.
> 
> 1. This LICENSE AGREEMENT is between the Corporation for National
> Research Initiatives, having an office at 1895 Preston White Drive,
> Reston, VA 20191 ("CNRI"), and the Individual or Organization
> ("Licensee") accessing and otherwise using Python 1.6, beta 1 software
> in source or binary form and its associated documentation, as released
> at the www.python.org Internet site on August 5, 2000 ("Python
> 1.6b1").
> 
> 2. Subject to the terms and conditions of this License Agreement, CNRI
> hereby grants Licensee a nonexclusive, royalty-free, world-wide
> license to reproduce, analyze, test, perform and/or display publicly,
> prepare derivative works, distribute, and otherwise use Python 1.6b1
> alone or in any derivative version, provided, however, that CNRI's
> License Agreement is retained in Python 1.6b1, alone or in any
> derivative version prepared by Licensee.

I don't the latter (retaining the CNRI license alone) is not
possible: you always have to include the CWI license.

> Alternately, in lieu of CNRI's License Agreement, Licensee may
> substitute the following text (omitting the quotes): "Python 1.6, beta
> 1, is made available subject to the terms and conditions in CNRI's
> License Agreement.  This Agreement may be located on the Internet
> using the following unique, persistent identifier (known as a handle):
> 1895.22/1011.  This Agreement may also be obtained from a proxy server
> on the Internet using the URL:http://hdl.handle.net/1895.22/1011".

Do we really need this in the license text ? It's nice to have
the text available on the Internet, but why add long descriptions
about where to get it from to the license text itself ?

> 3. In the event Licensee prepares a derivative work that is based on
> or incorporates Python 1.6b1or any part thereof, and wants to make the
> derivative work available to the public as provided herein, then
> Licensee hereby agrees to indicate in any such work the nature of the
> modifications made to Python 1.6b1.

In what way would those indications have to be made ? A patch
or just text describing the new features ?

What does "make available to the public" mean ? If I embed
Python in an application and make this application available
on the Internet for download would this fit the meaning ?

What about derived work that only uses the Python language
reference as basis for its task, e.g. new interpreters
or compilers which can read and execute Python programs ?

> 4. CNRI is making Python 1.6b1 available to Licensee on an "AS IS"
> basis.  CNRI MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR
> IMPLIED.  BY WAY OF EXAMPLE, BUT NOT LIMITATION, CNRI MAKES NO AND
> DISCLAIMS ANY REPRESENTATION OR WARRANTY OF MERCHANTABILITY OR FITNESS
> FOR ANY PARTICULAR PURPOSE OR THAT THE USE OF PYTHON 1.6b1 WILL NOT
> INFRINGE ANY THIRD PARTY RIGHTS.
> 
> 5. CNRI SHALL NOT BE LIABLE TO LICENSEE OR ANY OTHER USERS OF THE
> SOFTWARE FOR ANY INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR LOSS
> AS A RESULT OF USING, MODIFYING OR DISTRIBUTING PYTHON 1.6b1, OR ANY
> DERIVATIVE THEREOF, EVEN IF ADVISED OF THE POSSIBILITY THEREOF.  SOME
> STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY SO THE
> ABOVE DISCLAIMER MAY NOT APPLY TO LICENSEE.

I would make this "...SOME STATES AND COUNTRIES...". E.g. in
Germany the above text would only be valid after an initial
6 month period after installation, AFAIK (this period is
called "Gewährleistung"). Licenses from other vendors usually
add some extra license text to limit the liability in this period
to the carrier on which the software was received by the licensee,
e.g. the diskettes or CDs.

> 6. This License Agreement will automatically terminate upon a material
> breach of its terms and conditions.

Immediately ? Other licenses usually include a 30-60 day period
which allows the licensee to take actions. With the above text,
the license will put the Python copy in question into an illegal
state *prior* to having even been identified as conflicting with the
license.

> 7. This License Agreement shall be governed by and interpreted in all
> respects by the law of the State of Virginia, excluding conflict of
> law provisions.  Nothing in this License Agreement shall be deemed to
> create any relationship of agency, partnership, or joint venture
> between CNRI and Licensee.  This License Agreement does not grant
> permission to use CNRI trademarks or trade name in a trademark sense
> to endorse or promote products or services of Licensee, or any third
> party.

Would the name "Python" be considered a trademark in the above
sense ?

> 8. By clicking on the "ACCEPT" button where indicated, or by copying
> installing or otherwise using Python 1.6b1, Licensee agrees to be
> bound by the terms and conditions of this License Agreement.
> 
>         ACCEPT
> 
> 2. CWI PERMISSIONS STATEMENT AND DISCLAIMER
> 
> Copyright (c) 1991 - 1995, Stichting Mathematisch Centrum Amsterdam,
> The Netherlands.  All rights reserved.
> 
> Permission to use, copy, modify, and distribute this software and its
> documentation for any purpose and without fee is hereby granted,
> provided that the above copyright notice appear in all copies and that
> both that copyright notice and this permission notice appear in
> supporting documentation, and that the name of Stichting Mathematisch
> Centrum or CWI not be used in advertising or publicity pertaining to
> distribution of the software without specific, written prior
> permission.
> 
> STICHTING MATHEMATISCH CENTRUM DISCLAIMS ALL WARRANTIES WITH REGARD TO
> THIS SOFTWARE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND
> FITNESS, IN NO EVENT SHALL STICHTING MATHEMATISCH CENTRUM BE LIABLE
> FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES
> WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN
> ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT
> OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS SOFTWARE.

...oh how I loved this one ;-)

-- 
Marc-Andre Lemburg
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