'Dæmon License': an anti-viral license.

Before, I thought it was a paradox, because before I understood MPL2.0, I didn't know of a good in-between of GPL and permissive licenses. Permissive licenses allow freedom, but the code is a one way street to a viral license or there's a fear of misuse by owners of proprietary code.

I wanted something that performs the same function of MPL or Apache License, but simpler and easier to keep licenses clearly defined. Something that could be used with a viral license if that viral license allowed it, but the code itself couldn't be absorbed. LGPL would be fine, except it's a convenient one way into GPL.

A directory weak copyleft license, would take over permissive code, but it would protect additional code added to it, as from being absorbed into a viral license. That would also protect and document the code as a snapshot that is free from a viral license. If multiple code in it was lost, and a version was GPL, it would be nearly difficult to get that back, as it would have to be found and proven. Of course a library, which Github kind of is, also protects that.

With a directory weak copyleft license, people would be free to use that code alongside their proprietary code, another weak copyleft license or another license that permits it, as long as it's outside that directory, without any obligation to give that up. If code inside that directory is changed, then, there's obligation to give those changes up, but that's a benefit to everyone and a good cost of using that code. It also takes away the complexity of keeping binary code proprietary, while having to share source code. This way, all their code they created can remain proprietary, except for the obligation to give up changes to code within a used directory itself.

A directory level weak copyleft license without a patent clause:
Copyright <YEAR> <COPYRIGHT HOLDER>
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.
4. Contributions or modifications under this top-level directory remain under this license, with the exception of the "altlicense" subdirectory. The "altlicense" subdirectory is intended to make this software compatible with other works that are dedicated to those licenses, while keeping license terms of code clearly separate. This software can be used with any other licensed software that permits it, without this license otherwise affecting software outside of this top-level directory.

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.
The altlicense directory would use naming conventions at contributors' discretion.

For another proposed license which has a patent license included. The above plus clause 5:
5. If You initiate litigation against any entity by asserting a patent infringement claim (excluding declaratory judgment actions, counter-claims, and cross-claims) alleging that a Contributor Version directly or indirectly infringes any patent, then the rights granted to You by any and all Contributors for the Covered Software under Section 2.1 of this License shall terminate.
This part is taken from the MPL 2.0, as (while it appears to be heavily influenced by Apache's licenses) it's more reasonable than Apache's patent license. The reason for having a choice of an identical license with an additional patent clause, is that there's two camps of ideas, for worries about patent trolls. One says MIT and BSD licenses themself protect them from patent trolls. For those who feel like more is needed, then use the version with the additional patent clause.

Point 5 should not be a way that could possibly force proprietary or other opensource code to be given up to this license, though they only give up rights to the opensource code of this license, and it's not about their own code. Mozilla lawyers made it, so it's probably ok, and they came up with it as best as they could think of. It's also a toss up, because they would legally have to give up rights to the code, then they're allowed to get access to it the next day, because the license permits it.

It doesn't need to absorb Apache licensed code, as it can be used side by side, as MPL and Apache are meant to be used side by side, despite their separate specific terms.
 
I'd like to see examples of these license inclusions saving the day. That would make it easier for me appreciate them.
The OpenMotif license (I am very interested in this one from a "was it actually enforceable" point of view) prevented Motif and Mwm being ported to Windows via Cygwin and Microsoft Services for UNIX. I'm sure they would have loved to have included that.

Did it save the day? I'm not sure, it probably did prevent an uptake of Windows for some scientific areas for a time until people wanted a more bubbly UI anyway.

The crux of the license is "you may not run OpenMotif on a closed-source operating system". I believe personally that could easily have become a gray area if a company really wanted to exploit Motif.
 
rigoletto@ the CDDL 1.0 and 1.1 licenses should accomplish your goal. The differences between the two are 1.1 has a patent clause, and the two versions are by different stewards, namely Sun, then Oracle. https://spdx.org/licenses/CDDL-1.1.html. I read that 1.1 may not be open-source approved, but 1.0 is. Because the differences between the two are accepted in other approved licenses, speculation is that Oracle didn't apply for approval of it.

A few licenses based on CDDL can also accomplish that goal.

CDDL is said to be engineered to be incompatible with GPL. Now, Canonical used zfs in a distribution, which may violate CDDL's terms. The only way it could work is if all GPL software linking to CDDL code uses a link exception or operates on an API. Otherwise, that needs to be challenged, regardless if by Oracle. It needs to be cleared up and explained better, at least why that would be ok to include ZFS in that product and details if that's the case. Thread gplv2-versus-cddlv1.55294 is a good conversation that has informational links on it.

Thread perspectives-about-use-of-varying-opensource-license-types-permissive-file-based-copyleft-patent-clauses-gpl.89978 is trying to sort out and clear up the license ecosystem, and how things can work around the GPL. LGPL is great for use, except, my only problem with it is it can be relicensed to GPL.


I'm thinking that 'Licensing' as a whole is nothing more than a mechanism to try and take control of the coding talent out there.
My thoughts are to preserve open-source controls to boundaries of where a program's coding ends. Preserving permissive code into a weak copyleft preserves reasonable open-source control, whereas, preserving permissive code into GPL makes everyone else have to give up code to work with GPL.

Weak copyleft allows code to be used more, with more types of licenses and can be used often with priority uses.

GPL is too viral. It tries to claim it's not, but each time when I look at it, the viralness goes in both directions. The good part is when link exceptions and API runtime exceptions are made. Viralness also doesn't extend upwards of LGPL or permissive code that GPL depends on. The Linux kernel has an exception at an API, so that non-GPL software can be run on it. In many ways, that's good. Wine is LGPL, so proprietary code can be run on it (an important purpose), while Wine's code is preserved.

I believe there should be restrictions similar to the GPL, except not as viral as it is. I believe code which didn't originate as GPL should have boundary protection to keep as free as it is as source code in later forms, and if possible used with GPL. Apache can be used with some forms of GPL, while what isn't under Apache has to be marked. Also, LGPL being used with GPL while allowing code under other licenses to use it, except my issue is that LGPL can be turned into GPL.
 
The OpenMotif license (I am very interested in this one from a "was it actually enforceable" point of view) prevented Motif and Mwm being ported to Windows via Cygwin and Microsoft Services for UNIX. I'm sure they would have loved to have included that.

Did it save the day? I'm not sure, it probably did prevent an uptake of Windows for some scientific areas for a time until people wanted a more bubbly UI anyway.

The crux of the license is "you may not run OpenMotif on a closed-source operating system". I believe personally that could easily have become a gray area if a company really wanted to exploit Motif.
Were these licenses traditionally packaged with the software i.e. on the CD-ROM?
If so, were they still enforced if the CD-ROM lacked the text file(s) due to a slip-up in production?
 
Were these licenses traditionally packaged with the software i.e. on the CD-ROM?
If so, were they still enforced if the CD-ROM lacked the text file(s) due to a slip-up in production?
Motif, back when it was proprietary was included on individual CD-ROMs (i.e Red Hat was a sub-distributor of these).

Once Motif was no longer quite so monetizable due to Gtk / Qt, the source was finally released under that OpenMotif License. However, the sale of Linux CD-ROMs had lost favor to online distribution by then. So it was certainly possible it was distributed without the license files, but I don't know how much it would gain.
 
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