OpenTag License Information

jpnorair edited this page Sep 7, 2012 · 2 revisions
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OpenTag is licensed primarily by the OpenTag License Version 1.0. Some parts of the Mainline Distribution are additionally licensed using the BSD License, which is compatible with the OpenTag License.

About the OpenTag License Version 1.0

The OpenTag License Version 1.0 is an open source license, with similarities to the BSD license, but with explicit terms related to licensing of intellectual property. The OpenTag License Version 1.0 also draws from certain elements of the Apache License Version 2.0.

Basic Attributes

  • Permissive, with no copyleft or linking restrictions (like BSD)
  • Requires RAND licensing of associated intellectual property, if any exists

Motivation

As of 2012, legal proceedings in the United States and recent legislation in the EU have lead to the precedent (or formal law) that existing open source licenses do not guarantee royalty-free usage in the presence of related intellectual property. The OpenTag License explicitly applies said US and EU rulings to its worldwide user-base, putting everyone on equal ground. Additionally, the OpenTag License stipulates that enforcement of any potential royalties must be RAND (Reasonable And Non-Discriminatory).

Intentions

  • Allow symmetry with ISO open standard licensing terms.
  • Actively prevent monopolistic entities from “hijacking” open source projects through non-RAND royalty settlements, or (as in the case of GPL), by flooding the market with GPL'ed code for the purpose of undermining existing markets for the product.
  • Encourage commercial participation in the OpenTag project, as many corporations have policies to avoid participation in projects without explicit terms related to RAND licensing of intellectual propert

License Text

OpenTag License
Version 1.0, April 2012

1. DEFINITIONS
"License" shall mean the terms and conditions for use, reproduction, and 
distribution as defined by Sections 1 through 5 of this document.

"Source" form shall mean the preferred form for making modifications, including 
but not limited to software source code, documentation source, and 
configuration files.

"Object" form shall mean any form resulting from mechanical transformation or 
translation of a Source form, including but not limited to compiled object 
code, generated documentation, and conversions to other media types.

"Work" shall mean the work of authorship, whether in Source or Object form, 
made available under the License, as indicated by a copyright notice that is 
included in or attached to the work (an example is provided in the Appendix 
below), as well as any modifications or additions to the work of authorship, 
and any Derivative Works of the work of authorization.

"Derivative Works" shall mean any work, whether in Source or Object form, that 
is based on (or derived from) the Work and for which the editorial revisions, 
annotations, elaborations, or other modifications represent, as a whole, an 
original work of authorship. For the purposes of this License, Derivative Works 
shall not include works that remain separable from, or merely link (or bind by 
name) to the interfaces of, the Work and Derivative Works thereof.

2. GRANT OF COPYRIGHT LICENSE
Creation, redistribution and use of the Work are permitted provided that the 
following conditions are met:
  * Redistributions of the Work in Source form must retain this License in its 
    entirety.
  * Redistributions of the Work in Object form must reproduce this License in 
    its entirety in the documentation and/or other materials provided with the 
    distribution.
  * The names of contributors may not be used to endorse or promote products 
    derived from the Work without specific prior written permission.

3. RESERVATION OF RIGHTS
Neither this Copyright License, nor the fact that any party creates, 
redistributes and/or uses the Work or develops product(s) based on the Work, 
shall in any way be construed as a grant, either express or implied, to any 
rights in any trademarks, copyrights, patents, trade secrets, or any other 
intellectual property (except as expressly stated herein).

4. RAND LICENSING
Any party who creates, redistributes and/or uses the Work or develops 
product(s) based on the Work (Using Party), must grant to any other party upon 
request, a nonexclusive, worldwide patent license on reasonable and non-
discriminatory terms to any patent claims owned and/or licensed by the Using 
Party that are infringed by the Work or any standard based on the Work.  Such 
Patent License may be royalty bearing.

5. DISCLAIMER
THIS WORK IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY 
EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED 
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE 
DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT HOLDER OR CONTRIBUTORS BE LIABLE 
FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL 
DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR 
SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER 
CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, 
OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE 
OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.  

6. APPENDIX
To apply the OpenTag License to your work, attach the following boilerplate 
notice, with the fields enclosed by brackets "[]" replaced with your own 
identifying information. (Don't include the brackets!)  The text should be 
enclosed in the appropriate comment syntax for the file format. We also 
recommend that a file or class name and description of purpose be included on 
the same "printed page" as the copyright notice for easier identification 
within third-party archives.

   Copyright [yyyy] [name of copyright owner]

   Licensed under the OpenTag License, Version 1.0 (the "License");
   you may not use this file except in compliance with the License.
   You may obtain a copy of the License at

       http://www.indigresso.com/wiki/doku.php?id=opentag:license_1_0

   Unless required by applicable law or agreed to in writing, software
   distributed under the License is distributed on an "AS IS" BASIS,
   WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied.
   See the License for the specific language governing permissions and
   limitations under the License.