whatwg · foolip · Mar 16, 2020 · May 19, 2020 · May 19, 2020 · May 19, 2020
diff --git a/IPR Policy.md b/IPR Policy.md
@@ -96,7 +96,7 @@ If the [Living Standard] is depublished by the WHATWG, then no new licenses need
 
 ### 3.1. Contributors and Workstream Participants
 
-Commencing 2018-01-11, the [IPR Policy] becomes effective and all [Contributors][contributor] and [Workstream Participants] must execute the [Contributor and Workstream Participant Agreement][cw-agreement] in order to contribute or participate in [Workstreams][Workstream]. To help ensure that appropriate licensing commitments are secured from all [Contributors][contributor], individuals may [Contribute][contribution] independently to a [Living Standard] only if they do not [work in the field of Web technologies] as an employee, contractor, or agent of another person or legal entity (as set forth in the [Contributor and Workstream Participant Agreement][cw-agreement]).
+Commencing 2018-01-11, the [IPR Policy] becomes effective and all [Contributors][contributor] and [Workstream Participants] must execute the [Contributor and Workstream Participant Agreement][cw-agreement] in order to contribute or participate in [Workstreams][Workstream]. To help ensure that appropriate licensing commitments are secured from all [Contributors][contributor], [Individuals][Individual] who have executed the [Contributor and Workstream Participant Agreement][cw-agreement] may [Contribute][contribution] independently to a [Living Standard] only if they (a) do not [work in the field of Web technologies] as an employee, contractor, or agent of another person or legal entity; or (b) have been invited by the [Steering Group] to participate in one or more WHATWG [Workstreams][Workstream] (in both cases, as set forth in the [Contributor and Workstream Participant Agreement][cw-agreement]). To the extent that such [Individuals][Individual] make [Contributions][contribution], each [Individual] hereby represents and warrants that such [Individual] has all rights necessary in and to any [Contributions][contribution] it makes.
 
 ## 4. Copyright
 
@@ -157,7 +157,7 @@ To be effective, a [Patent Exclusion Notice] must (1) be delivered to the [Works
 
 #### 5.5.5.
 
-[Excluded Claims](#23-excluded-claim) may be addressed by technical workaround, posting of the exclusion notice, or other means the [Steering Group] deems appropriate (including the retention of counsel or advisors to prepare a private advisory memo). The [Steering Group] may take these actions directly, appoint a group of advisors to make a recommendation, or delegate the decision. Decisions that affect the [Workstream] will be published.
+[Excluded Claims](#23-excluded-claim) and patent claims identified or disclosed by a [Contributor][contributor] or [Workstream Participant][Workstream Participants] may be addressed by technical workaround, posting of the exclusion notice, or other means the [Steering Group] deems appropriate (including the retention of counsel or advisors to prepare a private advisory memo). The [Steering Group] may take these actions directly, appoint a group of advisors to make a recommendation, or delegate the decision. Decisions that affect the [Workstream] will be published.
 
 #### 5.5.6.
 
@@ -171,7 +171,7 @@ Except as set forth above regarding new [Workstream Participants], [Review Draft
 
 #### 5.6.1. Disclosures regarding contributions
 
-When making a [Contribution][contribution] or as soon as feasible thereafter, the individuals who submit the [Contribution][contribution] (i.e., either an [Individual] [Contributor][contributor] or the representatives of an [Entity]) must identify any patent that they (1) are personally aware of and (2) believe would be infringed by use or implementation of the [Contribution][contribution], unless the [Contributor][contributor] is making the claims subject to the [Patent-Licensing Obligations]. (For the avoidance of doubt: No patent search is required.)
+When making a [Contribution][contribution] or as soon as feasible thereafter, the individuals who submit the [Contribution][contribution] (i.e., either an [Individual] [Contributor][contributor] or the representatives of an [Entity]) must identify any patent that they (1) are personally aware of and (2) believe would be infringed by use or implementation of the [Contribution][contribution], unless the [Contributor][contributor] is making the claims subject to the [Patent-Licensing Obligations]. [Individuals][Individual] but not [Entities][Entity], or representatives of Entities, participating in a [Workstream] must also, as soon as is reasonably feasible, identify and disclose any patent or patent application of which they are personally aware that they believe contains claims that are or may become Essential Patent Claims for any [Workstream] in which they are participating. For the avoidance of doubt: No patent search is required.
 
 #### 5.6.2. Disclosures regarding excluded claims
 
@@ -190,15 +190,16 @@ WHATWG Standards may be identified as "the WHATWG [Standard]" so that forks can
 
 #### 7.1.1. Living Standards and Review Drafts
 
-WHATWG [Living Standards][Living Standard] and [Review Drafts][review-draft] are published under [Creative Commons "Attribution 4.0 International (CC BY 4.0)"](https://creativecommons.org/licenses/by/4.0/).
+WHATWG [Living Standards][Living Standard] and [Review Drafts][review-draft] are licensed under [Creative Commons "Attribution 4.0 International (CC BY 4.0)."](https://creativecommons.org/licenses/by/4.0/) To the extent portions of such [Living Standards][Living Standard] or [Review Drafts][review-draft] are incorporated into source code, such portions in the source code are licensed under the [BSD 3-Clause License](https://opensource.org/licenses/BSD-3-Clause) instead.
 
 #### 7.1.2. Other documents
 
-Documents other than [Living Standards][Living Standard] and [Review Drafts][review-draft] are published under [Creative Commons "Attribution 4.0 International (CC BY 4.0)"](https://creativecommons.org/licenses/by/4.0/) unless a different license (or license waiver) is specified by the [Steering Group].
+Documents other than [Living Standards][Living Standard] and [Review Drafts][review-draft] are licensed under [Creative Commons "Attribution 4.0 International (CC BY 4.0)."](https://creativecommons.org/licenses/by/4.0/) unless a different license (or license waiver) is specified by the [Steering Group].
 
 [contribution]: ./IPR%20Policy.md#21-contribution
 [contributor]: ./IPR%20Policy.md#contributor
 [cw-agreement]: https://participate.whatwg.org/agreement
+[publication copyright notices]: ./Workstream%20Policy.md#publications
 [review-draft]: ./Workstream%20Policy.md#review-draft
 [Day]: ./IPR%20Policy.md#29-day
 [Editor]: ./Workstream%20Policy.md#editor

diff --git a/LICENSE b/LICENSE
@@ -1,61 +1,10 @@
 Copyright © WHATWG (Apple, Google, Mozilla, Microsoft).
-This work is licensed under a Creative Commons Attribution 4.0 International License:
-
-Attribution 4.0 International
-
-=======================================================================
-
-Creative Commons Corporation ("Creative Commons") is not a law firm and
-does not provide legal services or legal advice. Distribution of
-Creative Commons public licenses does not create a lawyer-client or
-other relationship. Creative Commons makes its licenses and related
-information available on an "as-is" basis. Creative Commons gives no
-warranties regarding its licenses, any material licensed under their
-terms and conditions, or any related information. Creative Commons
-disclaims all liability for damages resulting from their use to the
-fullest extent possible.
-
-Using Creative Commons Public Licenses
-
-Creative Commons public licenses provide a standard set of terms and
-conditions that creators and other rights holders may use to share
-original works of authorship and other material subject to copyright
-and certain other rights specified in the public license below. The
-following considerations are for informational purposes only, are not
-exhaustive, and do not form part of our licenses.
-
-     Considerations for licensors: Our public licenses are
-     intended for use by those authorized to give the public
-     permission to use material in ways otherwise restricted by
-     copyright and certain other rights. Our licenses are
-     irrevocable. Licensors should read and understand the terms
-     and conditions of the license they choose before applying it.
-     Licensors should also secure all rights necessary before
-     applying our licenses so that the public can reuse the
-     material as expected. Licensors should clearly mark any
-     material not subject to the license. This includes other CC-
-     licensed material, or material used under an exception or
-     limitation to copyright. More considerations for licensors:
- wiki.creativecommons.org/Considerations_for_licensors
-
-     Considerations for the public: By using one of our public
-     licenses, a licensor grants the public permission to use the
-     licensed material under specified terms and conditions. If
-     the licensor's permission is not necessary for any reason--for
-     example, because of any applicable exception or limitation to
-     copyright--then that use is not regulated by the license. Our
-     licenses grant only permissions under copyright and certain
-     other rights that a licensor has authority to grant. Use of
-     the licensed material may still be restricted for other
-     reasons, including because others have copyright or other
-     rights in the material. A licensor may make special requests,
-     such as asking that all changes be marked or described.
-     Although not required by our licenses, you are encouraged to
-     respect those requests where reasonable. More_considerations
-     for the public:
- wiki.creativecommons.org/Considerations_for_licensees
-
-=======================================================================
+
+This work is licensed under a Creative Commons Attribution 4.0 International
+License. To the extent portions of it are incorporated into source code,
+such portions in the source code are licensed under the BSD 3-Clause License instead.
+
+- - - -
 
 Creative Commons Attribution 4.0 International Public License
 
@@ -375,22 +324,33 @@ Section 8 -- Interpretation.
      that apply to the Licensor or You, including from the legal
      processes of any jurisdiction or authority.
 
+- - - -
+
+BSD 3-Clause License
+
+Redistribution and use in source and binary forms, with or without
+modification, are permitted provided that the following conditions are met:
+
+1. Redistributions of source code must retain the above copyright notice, this
+   list of conditions and the following disclaimer.
+
+2. Redistributions in binary form must reproduce the above copyright notice,
+   this list of conditions and the following disclaimer in the documentation
+   and/or other materials provided with the distribution.
+
+3. Neither the name of the copyright holder nor the names of its
+   contributors may be used to endorse or promote products derived from
+   this software without specific prior written permission.
+
+THIS SOFTWARE 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.
 
-=======================================================================
-
-Creative Commons is not a party to its public licenses.
-Notwithstanding, Creative Commons may elect to apply one of its public
-licenses to material it publishes and in those instances will be
-considered the "Licensor." Except for the limited purpose of indicating
-that material is shared under a Creative Commons public license or as
-otherwise permitted by the Creative Commons policies published at
-creativecommons.org/policies, Creative Commons does not authorize the
-use of the trademark "Creative Commons" or any other trademark or logo
-of Creative Commons without its prior written consent including,
-without limitation, in connection with any unauthorized modifications
-to any of its public licenses or any other arrangements,
-understandings, or agreements concerning use of licensed material. For
-the avoidance of doubt, this paragraph does not form part of the public
-licenses.
-
-Creative Commons may be contacted at creativecommons.org.
+- - - -
diff --git a/License Sample For Source Code.txt b/License Sample For Source Code.txt
@@ -0,0 +1,30 @@
+Copyright © WHATWG (Apple, Google, Mozilla, Microsoft).
+
+This work is licensed under the BSD 3-Clause License.
+
+BSD 3-Clause License
+
+Redistribution and use in source and binary forms, with or without
+modification, are permitted provided that the following conditions are met:
+
+1. Redistributions of source code must retain the above copyright notice, this
+   list of conditions and the following disclaimer.
+
+2. Redistributions in binary form must reproduce the above copyright notice,
+   this list of conditions and the following disclaimer in the documentation
+   and/or other materials provided with the distribution.
+
+3. Neither the name of the copyright holder nor the names of its
+   contributors may be used to endorse or promote products derived from
+   this software without specific prior written permission.
+
+THIS SOFTWARE 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.
diff --git a/Workstream Policy.md b/Workstream Policy.md
@@ -275,8 +275,8 @@ The [Steering Group]'s determination in each instance is final and non-appealabl
 
 ### Notice for Living Standards
 
-[Living Standards][Living Standard] must include the following notice, including the link:
-> Copyright © WHATWG (Apple, Google, Mozilla, Microsoft). This work is licensed under a [Creative Commons Attribution 4.0 International License](https://creativecommons.org/licenses/by/4.0/).
+[Living Standards][Living Standard] must include the following notice, including the links:
+> Copyright © WHATWG (Apple, Google, Mozilla, Microsoft). This work is licensed under a [Creative Commons Attribution 4.0 International License](https://creativecommons.org/licenses/by/4.0/). To the extent portions of it are incorporated into source code, such portions in the source code are licensed under the [BSD 3-Clause License](https://opensource.org/licenses/BSD-3-Clause) instead.
 
 For each [Living Standard] that has had at least one [Review Draft][review-draft] published, it must also include the following notice:
 > This is the Living Standard. Those interested in the patent-review version should view the Living
@@ -286,8 +286,8 @@ In the text above, "Living Standard Review Draft" must link to the latest [Revie
 
 ### Notice for Living Standard Review Drafts
 
-[Living Standard Review Drafts][review-draft] must include the following notice, including the link:
-> Copyright © WHATWG (Apple, Google, Mozilla, Microsoft). This work is licensed under a [Creative Commons Attribution 4.0 International License](https://creativecommons.org/licenses/by/4.0/).
+[Living Standard Review Drafts][review-draft] must include the following notice, including the links:
+> Copyright © WHATWG (Apple, Google, Mozilla, Microsoft). This work is licensed under a [Creative Commons Attribution 4.0 International License](https://creativecommons.org/licenses/by/4.0/). To the extent portions of it are incorporated into source code, such portions in the source code are licensed under the [BSD 3-Clause License](https://opensource.org/licenses/BSD-3-Clause) instead.
 
 In addition, [Living Standard Review Drafts][review-draft] must include the following notice:
 > This is the Review Draft. It is published primarily for purposes of patent review by Workstream Participants; it mirrors the Living Standard closely, redacting only text that is identified as "Objection Pending" or "Confirmation Pending". Developers should refer to the Living Standard for the most current error corrections and other developments.
@@ -331,13 +331,17 @@ must include the text of the applicable license in a LICENSE file.
 
 The contents of the license file must start with:
 > Copyright © WHATWG (Apple, Google, Mozilla, Microsoft).
-> This work is licensed under a Creative Commons Attribution 4.0 International License:
+> This work is licensed under a Creative Commons Attribution 4.0 International
+> License. To the extent portions of it are incorporated into source code,
+> such portions in the source code are licensed under the BSD 3-Clause License instead.
 
 This copyright notice must be followed by the full text of the Creative Commons
-Attribution 4.0 International License in plaintext.
+Attribution 4.0 International License and the BSD 3-Clause License in plaintext.
 
 The SG repository has an example of how to do this correctly in its [LICENSE file](./LICENSE).
 
+[This sample license language](./License%20Sample%20For%20Source%20Code.txt) can be used for portions of the [Living Standards][living standard] or [Living Standard Review Drafts][review-draft] incorporated into source code.
+
 ## Antitrust
 
 The WHATWG is a forum for voluntary development and promotion of standards, specifications,