Re: Would this comply with DFSG?

[Henning Makholm <henning@makholm.net>]

John Hasler <john@dhh.gt.org> writes:

> Your dual-license scheme would be DFSG-compliant.

I'm not so sure about that, given that DFSG talks about allowing
derived works to be distributed under the *same* license as the
original.

Here is my current attempt to dodge around that:


Foobar is copyright 1991-1999: University of Somewhereish

LICENSE
-------

The University of Somewhereish hereby grants any person,
orgnization, or institution who have obtained a copy of
Foobar, irrespective of how or wherefrom he obtained it,
who is referred to as 'you', the following nonexclusive
rights:

1. You may use Foobar and its accompanying programs,
   whether for commercial, educational, research,
   private, or any other purpose, provided that you
   acknowledge the Disclaimer of Warranty set forth
   at the end of this copyright statement.

2. You may modify Foobar and use the modified form yourself.

3. You may redistribute Foobar, in source or binary forms,
   in whole or in parts, but without modifying it other
   than compiling the source code you've received, provided
   a) that you preserve this entire copyright statement,
      including any notices that have been added according
      to clause 4(e)iii.
   b) that, when distributing only binaries, you include
      information as to where sources can be obtained.
   c) that you do not attempt to constrain the receiver
      or any other third party from exercising the rights
      granted in this copyright statement.

4. You may distribute a version of Foobar that you have
   modified, under terms set forth in clause 3, provided
   additionally
   a) that neither the accompanying documentaion nor
      the output of the modified program can reasonably
      be misread to the effect that the modified program
      is the original Foobar as distributed by the
      University of Somewhereish.
   b) that the accompanying documentation clearly
      acknowledges the modified program's ancestry
      from code developed at the University of Somewhereish.
   c) that you include information as to where the original
      version can be obtained.
   d) that you share your modifications with the Foobar
      user community by allowing the University of
      Somewhereish to incorporate your modification or
      parts of it in future releases of Foobar, in return
      for giving you proper credit.
   e) that you either
      i - send your modifications to the Foobar development
          team by email to foobar@uswh.edu or by another
          mutually agreed-on means, or
      ii - discover that the stated email address does not
           exist anymore, or
      iii - insert a prominent notice before any appearance
            of this licence in any file in your distribution,
            that clause 5 of this license does not apply to
            your modified version.

5. When using a version of Foobar that has not been modified
   except from modifications made by you and modifications that
   have been reported to the Univesity of Somewhereish as
   described in clause 4(e)i or 4(e)ii, you get the following
   additional rights:
   a) Even tough the output from Foobar contains portions
      created by The University of Somewhereish, the
      University of Somewhereish shall not claim any rights
      relating to said output, except those rights the
      University may already possess relating to the data
      you provide as input to Foobar.
   b) If you modify Foobar so much that it is neither a system
      that performs <whatever Foobar does>, nor an essential
      component of such a system, you may do whatever you like
      to the modified system, including distributing it under
      any terms that you deem fit.
      However, this provision does not allow you or anypone
      else to claim any exclusive rights regarding the parts
      of the modified system that it has in common with Foobar.
   c) You may distribute modified or unmodified binary forms
      of the Frobnitz Library that is part of Foobar, either
      as a separate file or incorporated in an executable,
      under any terms that you deem fit.
   Unless you know positively that this clause does not apply
   to you, you may interpret the absence of any notice as
   described in clause 4(e)iii to mean the this clause does
   apply.

DISCLAIMER OF WARRANTY (capitalize according to taste)
----------------------


.. oops, here arises another problem. I stole the disclaimer
in my current draft from the GPL (and downcased it) but the
FSF supposedly owns the copyright for that.

Are there any public-domain warranty disclaimers one can use
or adapt instead?

-- 
Henning Makholm
http://www.diku.dk/students/makholm