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License.txt
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License.txt
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PEARL: A FOSS Reciprocity License
Version: 0.2, July 3, 2017
Author: Rob Jameson
PREAMBLE
PEARL is an open source license for various kinds of copyrightable works. It guarantees your freedom to modify, share, and sell all versions of a work (source + derivatives).
There are many reasons for a project to use an open source license, but money is rarely one of them. With open source licenses, there are no financial benefits for the Makers and maintainers. On the contrary, open source projects are often used to make profit by businesses who don’t reciprocate value at all.
PEARL fixes this issue by allowing the Makers to organize a community of supporters who democratically decide “fair” retribution from for-profit uses of the Covered Items. The incentive for reciprocity is a public ledger called a PEARL Table that contains the profiting user/organization name(s), the reciprocity given thus far (financial or otherwise), relevant metrics, and ratings of this user/organization from the community.
The profiting user(s)/organization(s), known as Prospering Contributors, are encouraged to communicate via public discourse, especially when they have extracted value from a PEARL without repayment.
0. DEFINITIONS
PEARL - This is an acronym for the People’s Ethical Appropriation Reciprocity License, described herein. It refers to the license and the work(s) to which the license is applied.
Source - This is the name for the original work that is licensed
Covered Item(s) - This is the name for all the works covered by the PEARL (Source + Derivatives), thus with the same license and terms.
Maker(s) - This is the organization(s)/person(s) who originally licensed the Source.
Contributor(s) - This includes any organization/person who contributes to the Source.
Prospering Contributor(s) - This includes any Contributor(s) who benefit financially (directly or indirectly) through distributing, modifying, selling, or providing knowledge/services for Covered Items.
Consumer Product - A “Consumer Product” is anything sold. In determining whether a product is a consumer product, doubtful cases shall be resolved in favor of coverage. A product is a Consumer Product regardless of whether the product has substantial commercial, industrial or non-consumer uses.
PDSG - This stands for “Pre-Defined Stakeholder Group(s),” and refers to the groups of people who are invested in the maintenance and development of the PEARL. The PDSG members should be defined and vetted before they are included in voting and rating Prospering Contributors’ retribution.
Proactive Reciprocity - This is the amount paid voluntarily “upfront” for use of a PEARL by Prospering Contributors.
Requested Reciprocity - This is the process whereby the PDSG suggests an appropriate retribution amount to Prospering Contributor(s) for their for-profit use of Covered Item(s).
PEARL Table - When for-profit use of a PEARL happens, the Prospering Contributor(s) agree to provide their (or their business’) name, amount contributed, and other relevant statistics to be listed publicly in a PEARL Table. It consists of rows/columns of the aforementioned data.
Rating - Prospering Contributors agree to have their contributions tracked and rated by the PDSG. This can be done in various ways, including points, grades, or other scoring means. It is key in helping the PDSG vote to find retribution types and amounts that are “fair”.
Stakeholder Role - It’s a right of PDSG to be involved in identifying and voting on the fairness of retribution by Prospering Contributor(s). It relies on various social convergence mechanisms to encourage stakeholders to vote.
1. BASIC RULES
This License affirms your permission to use, modify, distribute, and sell the Source and Covered Item(s). This License acknowledges your rights to fair use or its equivalent in your region, as provided by copyright law.
If you modify, distribute, sell, or otherwise use Covered Items for a profit, or sell knowledge/services for Covered Items, you agree to disclose the following to the Maker(s):
a) the way the Covered Item(s) are being used
b) the scale of use (key metrics)
c) the amount of profit or impact generated, directly and indirectly, from the Covered Items.
The Maker(s) have the right to inquire about these statistics and present them in a PEARL Table to stakeholder groups they define.
The Maker(s) have the right to display monetary and non-monetary contributions of Prospering Contributors to the public. This information can be presented in the PEARL Table.
The Maker(s) can have discussion(s) on fair retribution for the for-profit use of the Covered Items by the Prospering Contributors.
The Makers can hold votes with the PDSG to determine a fair retribution amount.
2. SHARING TERMS AND ATTRIBUTION
Being a Contributor to the PEARL grants you a non-exclusive, worldwide, royalty-free right to use, modify, sell, share, and otherwise propagate its content.
You must behave in a manner consistent with the requirements of this License, and deprive yourself of the benefit of other license(s) (i.e. patents, copyrights, etc.) for this particular work for downstream recipients. If you share Covered Item(s), you grant a patent license to the parties receiving the Covered Item(s) authorizing them to use, modify, share and sell the Covered Item(s). The Patent waiving is automatically extended to all recipients of Covered Item(s).
Nothing in this License shall limit any defenses to intellectual property infringement that may otherwise be available to you under applicable law.
You may copy and distribute the Source and Covered Item(s). You may charge any price or no price for each copy that you share, and you may offer support or warranty protection for a fee.
You agree to conspicuously and appropriately publish the name and attribution link of the Maker.
You agree to keep all License details, including any non-permissive terms added in accord with Section 4, including if you share or sell the Covered Item(s).
You agree to keep intact all notices of the absence of any warranty.
You agree to make Covered Item(s) available for anyone to access free of charge under the terms of this License.
The following notices should be included with any Covered Item(s). Each file, ideally in the start, should have at least the following PEARL line, and a pointer to where the full notice is found.
<one line to give the works name and a brief overview of what it does.>
PEARL <year> <name of Source Makers>
This Item is free to redistribute and/or modify under the terms of the PEARL as published by AnyShare Society and <Your organization’s name> at <url>.
This Covered Item is distributed WITHOUT ANY WARRANTY; without even an implied warranty.
You should have received a copy of PEARL along with this Covered Item.
If not, see <https://anyshare.coop/pearl-license/>.
3. DERIVATIVES
Each time you modify Covered Item(s), the derivative automatically receives the license of the original Source. You may make a derivative with any Covered Item(s), provided that you follow these conditions:
a) You include a prominent notice stating the Maker name(s) and that the work uses a PEARL (see Section 3 for specific language). If your derivative work has interactive user interfaces, each must display this notice.
b) You include notices stating that you modified the Covered Item(s), and give a relevant date.
c) You license the entire work, as a whole, under this PEARL to anyone who comes into possession of a copy. This License will therefore apply, along with any additional terms in from Section 5, to the whole of the work, and all its parts, regardless of how they are packaged. This License gives no permission to license the work in any other way, but it does not invalidate such permission if you have separately received it.
You may share Covered Items(s) in other forms, provided that you also convey the PEARL notice required in 2a in a location that is easily seen. It must be accessible with no special password or key for unpacking, reading or copying.
A compilation of Covered Item(s) with other separate and independent works, is called an “aggregate” if the compilation and its resulting license(s) are not used to limit the access or legal rights of the compilation's users beyond what the individual works permit. Inclusion of Covered Item(s) in an aggregate does not cause this License to apply to the other parts of the aggregate.
For Profit uses of the Covered Item(s) does not allow Prospering Contributor(s) to impose further restrictions or omit any rights granted or affirmed under this License. For example, you may not impose a license fee, royalty, or other similar charge, and you may not initiate litigation (including a cross-claim or counterclaim in a lawsuit) alleging that any patent claim is infringed by using, modifying, sharing, selling, or otherwise utilizing the Covered Item(s), wholly or in part.
PEARL does not permit incorporating Covered Items(s) into proprietary works.
4. ADDITIONAL TERMS
If you add terms to Covered Item(s) in accord with this section, you must place, in an easily accessible location, a statement of the additional terms that apply, or a notice indicating where to find the applicable terms. Additional terms, permissive or non-permissive, may be stated in the form of a separately written license, or stated as exceptions; the above requirements apply either way.
If additional terms apply only to part of the Covered Item(s), that part may be used under those terms, but the entire Covered Items(s) remain governed by this License without regard to the additional terms.
Notwithstanding any other terms in this License, and if authorized by the PEARL Maker(s), you may add terms to Covered Item(s) that supplement the terms of this License with:
a) Disclaiming warranty or limiting liability differently from the terms of Sections 9 and 10 of this License; or
b) Requiring preservation of specified reasonable legal notices or Maker/Contributor attributions in Notices displayed according to Section 2; or
c) Prohibiting misrepresentation of the origin of the Source, or requiring that modified versions be marked in ways as different from the PEARL requirements; or
d) Limiting the use for publicity purposes of names of Makers and/or Contributors of Covered Item(s); or
e) Declining to grant rights under trademark law for use of some trade names, trademarks, or service marks; or
f) Requiring indemnification of Makers and Contributors by anyone who distributes Covered Item(s) with contractual assumptions of liability to the recipient.
5. TERMINATION
You may not modify, share, or sell Covered Item(s) except as expressly provided under this License. Any attempt otherwise to do so is void, and will automatically terminate your rights under this License.
Your License rights can be reinstated if the Maker(s) notify you of the violation by reasonable means, this is your first notice of violation (for any Covered Item) from that Maker, and you fix the violation prior to 30 days after your receipt of the notice.
If you cease all violation after 30 days, your rights are reinstated (a) provisionally, unless and until the Maker(s) explicitly and finally terminates your license, or (b) permanently, if the Maker fails to absolve you of the violation prior to 60 days after the violation notice is sent.
Termination of your rights under this section does not terminate the Licenses to parties who have received copies or rights from you under this License. If your rights have been terminated and not permanently reinstated, you do not qualify to receive new licenses for the same PEARL.
6. AUTO-ACCEPTANCE
You are not required to accept this License in order to receive or use any of the Covered Item(s). Distribution of Covered Item(s) occurring as a consequence of using peer-to-peer transmission likewise does not require acceptance.
Nothing other than this License grants you permission to distribute or modify any Covered Item(s). You indicate your acceptance of this License by modifying or distributing any Covered Item(s).
7. NO SURRENDER OF OTHERS’ FREEDOM
If conditions are imposed on you (whether by court order, agreement or otherwise) that contradict the conditions of this License, they do not excuse you from the conditions of this PEARL. If you cannot utilize Covered Item(s) so as to satisfy simultaneously your obligations under this License and any other pertinent obligations, then as a consequence you should refrain entirely from utilizing the Covered Item(s).
No PEARL Covered Items(s) shall be part of an circumvention technological measure by any applicable law fulfilling obligations under article 11 of the WIPO copyright treaty adopted on 20 December 1996, or similar laws.
When you utilize Covered Item(s), you waive any legal power to forbid circumvention of technological measures, and you disclaim any intention to limit use or modification of the work to enforce against other’s legal rights to forbid circumvention of technological measures.
8. REVISIONS OF PEARL
There may be new versions of this license, similar in spirit to the present version, but different detail to address new problems or concerns.
Each PEARL version is given a version number. If the Covered Item(s) specify a certain version of the License “or any later version”, you have the option of following the terms and conditions either of that numbered version or of any later version. If the Covered Item does not specify a version number of the license, you may choose any version ever published.
9. DISCLAIMER OF WARRANTY
There is no warranty for the Covered Item(s), to the extent permitted by applicable law. The Covered Item(s) are “as is” without warranty of any kind, either expressed or implied. You assume the cost of all necessary servicing, repair, or correction that may occur.
10. LIMITATION OF LIABILITY
IN NO EVENT WILL ANY MAKER OR Contributor who modifies and/or shares the Covered Item(s) as permitted above, be liable for damages, including any general, special, incidental or consequential damages arising out of the use or the inability to use the Covered Item(s).
END OF TERMS AND CONDITIONS