[tahoe-dev] dual-licensing, and the Transitive Grace Period Public Licence

[zooko]

Folks:

For the tahoe v0.7.0 release (coming soon), we're planning to release  
the source code under a dual-licence, like Mozilla did in 2000.  The  
idea is that we're going to post the source code on http:// 
allmydata.org with text stating that you can use this source code  
under this licence or that licence, at your option.  "This licence"  
will be "GPL version 2 or (at your option) any later version".  "That  
licence" will be the Transitive Grace Period Public Licence, the  
contents of which are appended to this message.

Regards,

Zooko

Transitive Grace Period Public Licence ("TGPPL") v. 0.9

This Transitive Grace Period Public Licence (the "License") applies  
to any original work of authorship (the "Original Work") whose owner  
(the "Licensor") has placed the following licensing notice adjacent  
to the copyright notice for the Original Work:

Licensed under the Transitive Grace Period Public Licence version 0.9

    1. Grant of Copyright License. Licensor grants You a worldwide,  
royalty-free, non-exclusive, sublicensable license, for the duration  
of the copyright, to do the following:

          1. to reproduce the Original Work in copies, either alone  
or as part of a collective work;

          2. to translate, adapt, alter, transform, modify, or  
arrange the Original Work, thereby creating derivative works  
("Derivative Works") based upon the Original Work;

          3. to distribute or communicate copies of the Original Work  
and Derivative Works to the public, with the proviso that copies of  
Original Work or Derivative Works that You distribute or communicate  
shall be licensed under this Transitive Grace Period Public Licence  
no later than 12 months after You distributed or communicated said  
copies;

          4. to perform the Original Work publicly; and

          5. to display the Original Work publicly.

    2. Grant of Patent License. Licensor grants You a worldwide,  
royalty-free, non-exclusive, sublicensable license, under patent  
claims owned or controlled by the Licensor that are embodied in the  
Original Work as furnished by the Licensor, for the duration of the  
patents, to make, use, sell, offer for sale, have made, and import  
the Original Work and Derivative Works.

    3. Grant of Source Code License. The term "Source Code" means the  
preferred form of the Original Work for making modifications to it  
and all available documentation describing how to modify the Original  
Work. Licensor agrees to provide a machine-readable copy of the  
Source Code of the Original Work along with each copy of the Original  
Work that Licensor distributes. Licensor reserves the right to  
satisfy this obligation by placing a machine-readable copy of the  
Source Code in an information repository reasonably calculated to  
permit inexpensive and convenient access by You for as long as  
Licensor continues to distribute the Original Work.

    4. Exclusions From License Grant. Neither the names of Licensor,  
nor the names of any contributors to the Original Work, nor any of  
their trademarks or service marks, may be used to endorse or promote  
products derived from this Original Work without express prior  
permission of the Licensor. Except as expressly stated herein,  
nothing in this License grants any license to Licensor's trademarks,  
copyrights, patents, trade secrets or any other intellectual  
property. No patent license is granted to make, use, sell, offer for  
sale, have made, or import embodiments of any patent claims other  
than the licensed claims defined in Section 2. No license is granted  
to the trademarks of Licensor even if such marks are included in the  
Original Work. Nothing in this License shall be interpreted to  
prohibit Licensor from licensing under terms different from this  
License any Original Work that Licensor otherwise would have a right  
to license.

    5. External Deployment. The term "External Deployment" means the  
use, distribution, or communication of the Original Work or  
Derivative Works in any way such that the Original Work or Derivative  
Works may be used by anyone other than You, whether those works are  
distributed or communicated to those persons or made available as an  
application intended for use over a network. As an express condition  
for the grants of license hereunder, You must treat any External  
Deployment by You of the Original Work or a Derivative Work as a  
distribution under section 1(c).

    6. Attribution Rights. You must retain, in the Source Code of any  
Derivative Works that You create, all copyright, patent, or trademark  
notices from the Source Code of the Original Work, as well as any  
notices of licensing and any descriptive text identified therein as  
an "Attribution Notice." You must cause the Source Code for any  
Derivative Works that You create to carry a prominent Attribution  
Notice reasonably calculated to inform recipients that You have  
modified the Original Work.

    7. Warranty of Provenance and Disclaimer of Warranty. Licensor  
warrants that the copyright in and to the Original Work and the  
patent rights granted herein by Licensor are owned by the Licensor or  
are sublicensed to You under the terms of this License with the  
permission of the contributor(s) of those copyrights and patent  
rights. Except as expressly stated in the immediately preceding  
sentence, the Original Work is provided under this License on an "AS  
IS" BASIS and WITHOUT WARRANTY, either express or implied, including,  
without limitation, the warranties of non-infringement,  
merchantability or fitness for a particular purpose. THE ENTIRE RISK  
AS TO THE QUALITY OF THE ORIGINAL WORK IS WITH YOU. This DISCLAIMER  
OF WARRANTY constitutes an essential part of this License. No license  
to the Original Work is granted by this License except under this  
disclaimer.

    8. Limitation of Liability. Under no circumstances and under no  
legal theory, whether in tort (including negligence), contract, or  
otherwise, shall the Licensor be liable to anyone for any indirect,  
special, incidental, or consequential damages of any character  
arising as a result of this License or the use of the Original Work  
including, without limitation, damages for loss of goodwill, work  
stoppage, computer failure or malfunction, or any and all other  
commercial damages or losses. This limitation of liability shall not  
apply to the extent applicable law prohibits such limitation.

    9. Acceptance and Termination. If, at any time, You expressly  
assented to this License, that assent indicates your clear and  
irrevocable acceptance of this License and all of its terms and  
conditions. If You distribute or communicate copies of the Original  
Work or a Derivative Work, You must make a reasonable effort under  
the circumstances to obtain the express assent of recipients to the  
terms of this License. This License conditions your rights to  
undertake the activities listed in Section 1, including your right to  
create Derivative Works based upon the Original Work, and doing so  
without honoring these terms and conditions is prohibited by  
copyright law and international treaty. Nothing in this License is  
intended to affect copyright exceptions and limitations (including  
'fair use' or 'fair dealing'). This License shall terminate  
immediately and You may no longer exercise any of the rights granted  
to You by this License upon your failure to honor the conditions in  
Section 1(c).

   10. Termination for Patent Action. This License shall terminate  
automatically and You may no longer exercise any of the rights  
granted to You by this License as of the date You commence an action,  
including a cross-claim or counterclaim, against Licensor or any  
licensee alleging that the Original Work infringes a patent. This  
termination provision shall not apply for an action alleging patent  
infringement by combinations of the Original Work with other software  
or hardware.

   11. Jurisdiction, Venue and Governing Law. Any action or suit  
relating to this License may be brought only in the courts of a  
jurisdiction wherein the Licensor resides or in which Licensor  
conducts its primary business, and under the laws of that  
jurisdiction excluding its conflict-of-law provisions. The  
application of the United Nations Convention on Contracts for the  
International Sale of Goods is expressly excluded. Any use of the  
Original Work outside the scope of this License or after its  
termination shall be subject to the requirements and penalties of  
copyright or patent law in the appropriate jurisdiction. This section  
shall survive the termination of this License.

   12. Attorneys' Fees. In any action to enforce the terms of this  
License or seeking damages relating thereto, the prevailing party  
shall be entitled to recover its costs and expenses, including,  
without limitation, reasonable attorneys' fees and costs incurred in  
connection with such action, including any appeal of such action.  
This section shall survive the termination of this License.

   13. Miscellaneous. If any provision of this License is held to be  
unenforceable, such provision shall be reformed only to the extent  
necessary to make it enforceable.

   14. Definition of "You" in This License. "You" throughout this  
License, whether in upper or lower case, means an individual or a  
legal entity exercising rights under, and complying with all of the  
terms of, this License. For legal entities, "You" includes any entity  
that controls, is controlled by, or is under common control with you.  
For purposes of this definition, "control" means (i) the power,  
direct or indirect, to cause the direction or management of such  
entity, whether by contract or otherwise, or (ii) ownership of fifty  
percent (50%) or more of the outstanding shares, or (iii) beneficial  
ownership of such entity.

   15. Right to Use. You may use the Original Work in all ways not  
otherwise restricted or conditioned by this License or by law, and  
Licensor promises not to interfere with or be responsible for such  
uses by You.

   16. Modification of This License. This License is Copyright \a9  
2007 Zooko Wilcox-O'Hearn. Permission is granted to copy, distribute,  
or communicate this License without modification. Nothing in this  
License permits You to modify this License as applied to the Original  
Work or to Derivative Works. However, You may modify the text of this  
License and copy, distribute or communicate your modified version  
(the "Modified License") and apply it to other original works of  
authorship subject to the following conditions: (i) You may not  
indicate in any way that your Modified License is the "Transitive  
Grace Period Public Licence" or "TGPPL" and you may not use those  
names in the name of your Modified License; and (ii) You must replace  
the notice specified in the first paragraph above with the notice  
"Licensed under <insert your license name here>" or with a notice of  
your own that is not confusingly similar to the notice in this License.