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A new license proposal

From: X Ryl
Subject: A new license proposal
Date: Sat, 17 Nov 2007 04:55:43 -0800 (PST)
User-agent: G2/1.0


  I'm new to license and stuff. However, I'm not new to programming.
I've a project where I would like to share the source code, allow
others, who might get interested, to contribute and still sell
commercial licenses for the project.

Typically, other projects with similar goals provides a dual licensing
(GPL license / commercial licensing).

I dislike this, because the other developers who might contribute
don't see any returns on their personal investments in the project
itself (typically, when dual licensing applies, there is a special
clause requiring to deny your expectation on the commercial license

So, I came with the following (new) license, allowing GPL like usage
of the source code, and still share any license incomes with the
developers who have contributed/still contribute.

I don't know if it's the right place to post this, I haven't seen any
group discussing about licenses.
Let me know about what you think about this.

          Version 1, September 2007

    Copyright (C) 2007 Cyril Russo, Marseilles, France

 Please copy and distribute verbatim copies of this license document.
 Changing this license text is not allowed except for the Annexed

  This license describes new freedom rules for software creators,
  users, and distributors. Nowadays, there is plenty of open-source,
copyleft licenses,
  and permissive licenses.
  While the former allows freedom to share and change free software,
it prohibits
  or highly limits source code usage and sharing in commercial
  Permissive licenses allow any kind of usage, including allowing free
software secret
  usage in commercially sold product.

  This license still warranty freedom of sharing and changing free
software, while still
  allowing usage of the software by commercial companies provided the
company purchased
  a commercial license when used in closed-source or proprietary

  Unlike current dual-licensing scheme of many open-source friendly
company (GPL and
  commercial license), this license is about sharing incomes from the
  commercial license.

  We believe that any work is valuable and respectful.
  We consider using someone else's work for personal enriching as

  The goal of this license is to value any author contribution, in two
    - The author contribution develops mankind knowledge, by ensuring
the contribution is kept
      free of any commercially controlled access, free to share for
present and future generations.
    - The author work is respected, and any financial profit made from
this work is contributed
      back to the author.

  This means that when receiving a work using this license, you can
get the source code
  of the licensed part of the work.
  You can change or reuse the source code, provided you comply with
this license.

  For this license to be effective, it is required to forbid anyone
denying you any rights
  this license grants you, or worse, asking you to surrender these
  Preventing such abuses enforces that you allow and encourage copying
and sharing the
  contribution, and provide this license terms WITH the contribution.

  It is required, for this license to apply, that you copyright your
contribution, allegate your work
  under this license unmodified, granting the copying, modification
and distribution permission rights
  to others.

  Because the software code is not frozen, it's impossible to warranty
the behaviour of
  the licensed software.
  However, because it is possible to inspect the software source code,
it's easier to fix
  an unattended behaviour, either by yourself, or by anyone willing to
contribute back.

  The precise terms and conditions for copying, distribution and
modification follow.

                                UZI PUBLIC LICENSE

                                Granted rights

1. You are granted all the non-exclusive rights defined in this
license as long as you
comply with all the conditions, described in "License usage
Conditions", of this license.
Whole or partial distribution or usage of the Software, or software
items that links with
the Software in any form, signifies acceptance of this license.

2. Any software, stated as "Derivative software" linking with the
Software may comply
with one of the following conditions:
   2.1 The "Derivative software" is released under this license:
       2.1.1 You may make modifications to the Software, and
distribute your modifications,
             provided these modifications affect the source code and/
or derived work, and
             are freely available to the initial Software's author.
       2.1.2 You may distribute these modifications to the initial
Software's maintainer(s) in
             order to include these modifications in the initial
Software distribution.
       2.1.3 The initial Software's maintainer(s) may decide to
include your modifications,
             granting you the Author status, as described in the
"Author consideration" section.
             You consequently accept the licensing conditions, as
described in the "Licensing
             conditions" section.
       2.1.4 If your modifications are not included in the Software's,
you may sell your
             modifications only, but this doesn't grant the buyer any
right on the Software,
             and doesn't cancel the buyer's obligation to license the
Software as specified
             in 2.2 conditions.

    2.2 The "Derivative software" is distributed in a machine-
executable form only:
       2.2.1 Before any distribution of the "Derivative software", you
must purchase a license
             to the initial's Software Author(s), as described in the
"Author consideration"
             section and "Licensing conditions"
       2.2.2 You may make modifications to the Software without
requiring any further
             distribution of your modifications.
       2.2.3 You must provided a free (without charge beyond the cost
of data transfer)
             access to the initial Software's source code and derived
work, as stated in the
             License usage conditions
       2.2.4 In no event shall the initial developers or copyright
holders be liable for any
             damages whatsoever as specified in the "Limitation of
liability" section.

                              License usage conditions

3. You may copy and distribute the Software -or any work based on the
software and required
by the software as released by the Software's authors-, as long as the
whole Software,
including -but not restricted to- copyright notices, disclaimers,
documentation, binary
resources if any, as released by the initial developer of the
Software, is distributed.

4. By distributing the Software, You must provide a free (without
charge beyond the cost of
data transfer) access to the initial Software's source code and
derived work, either by
including the source code and derived work in your distribution, or by
providing a valid
address to fetch the source code and derived work.

5. You may use the original and/or modified versions of the Software's
source code to compile,
link and run application programs legally developped by you and/or by

6. You must not change any part of this license without prior
agreement of the Software's

                              Licensing conditions

7. In the case of machine-executable-form only distribution, the
Software's Author(s) grant(s)
you, the "Customer", the rights specified in section 2.2, provided
you, the "Customer", have
paid the license fee, as specified in the "License fee" section.

8. In consideration of the "Fee" paid by the Customer to the
Author(s), receipt of which the
Author(s) hereby acknowledges, the Author(s) grants to the Customer a
non-exclusive license:
  8.1 To use the software
  8.2 To develop with and modify the software as specified in section
  8.3 To sell, distribute or dispose of the Customer products which
incorporate any part of
      the software in machine-executable-form
  8.4 To grant sub-license of the Software in machine-executable-form
to the ultimate end-user
      customer -and its successor- (but such license shall be solely
for the individual use of
      the Software in machine-executable form, into Consumer's
commercial product)
  8.5 To grant sub-license of the Software to OEM manufacturer engaged
in product development
      with the Customer, including the right to sell, distribute, re-
distribute and dispose of
      commercial products which incorporate the Software in machine-
executable-form, but does
      not grant any right to create or modify such products

9. In any case, this license fee doesn't grant you any support
whatsoever. However individual
Author(s) may accept to support your developments for free or a small
fee, for a limited time.

10. The Software Author(s) hereby excludes all liability for any
damages whatsoever.

                              License fee

11. In the case of machine-executable-form only distribution, you, the
"Customer", shall pay
the Software Author(s), a one-time, fully paid-up, license fee in the
amount of $1000 (one
thousand american dollars) within thirty day (30) of the signature of
this Agreement.
Customer's payment of the License fee shall serve as full
consideration for all licenses and
rights conveyed in the "Licensing conditions" section.

                              Limitations of Liability

12. In no event shall the initial developers or copyright holders be
liable for any damages
whatsoever, including - but not restricted to - lost revenue or
profits or other direct,
indirect, special, incidental or consequential damages, even if they
have been advised of the
possibility of such damages, except to the extent invariable law, if
any, provides otherwise.

                              No Warranty

13. The Software and this license document are provided AS IS with NO

                              Author consideration

14. Provided the initial Software Author(s) accept(s) your
modifications, as described in 2.1
section, the initial Software Author(s) grants you the "Author" status
for the Software.

15. Being an author, you will receive rewarding of the purchased
license fee, see "Licensing
conditions" section, as described below:

16. At release date, the author(s) contribution is evaluated in the
following ways:

     1) The number of author's code lines (A), not including comments,
not including
        semantically-empty lines
     2) The number of author's comment lines (B) in functional
prototype declaration
     3) The number of author's comment lines (C) in functional
     4) The quality and quantity of author's external work (D),
including external documentation,
        artwork, marketing.

    For each author, source code contributions in the (A, B, C)
category is divided by the project
    sum-of-lines in the respective category, so each author is said to
own AP.X = (Author.X / Sum.X)
    part of the considered category (X being A, B, or C).

    External work importance is decided by the active authors,
including the external work's
    author if active, by a vote.
    This vote attributes importance points (IP) for the work.
    The external work's contribution of an author is the sum of his/
her IP divided by the sum
    of the project IP.

    The license fee (LF) is divided in 5 parts which are :
      LA: 35% for the source code (category A)
      LB: 20% for the prototype comments (category B)
      LC: 15% for the implementation comments (category C)
      LD: 25% for the external work (category D)
      LX: 5% for exceptional charges (project maintenance for one)

    Each author remuneration is then (AP.A * LA + AP.B * LB + AP.C *
LC + AP.D * LD).

    Each author willing to receive his/her remuneration must provide a
bill of the computed
    remuneration. It is author's responsibility to respect the law
under his/her citizenship.

    A minimum amount can be decided, at project creation or bank
change, before the remuneration
    is rewarded, in case transfering the amount is more expensive than
the amount itself.

    Amount transfer fee (bank fees) are removed from the remuneration
before payment.
    Bank change can be decided by a proportional vote.
    An author can decide to deny his/her remuneration.
    In that case, his/her contribution is removed from the project
sums for (A, B, C, D) categories.
    The remaining authors' remuneration is then re-evaluated with
project's updated
    amounts as described above.

    The license fee part-proportion can be revaluated if a
proportional vote decides so.
    A proportional vote is a vote where each author voice is
proportional to his/her total
    contribution such that
        Author's Vote value = (AP.A + AP.B + AP.C + AP.D) /
SumOfEvery(AP.A + AP.B + AP.C + AP.D)
    The majority to this vote is required for the voted modification
to be accepted.

    Every new author contribution should be reviewed by active authors
before merging or including
    the contribution.

    If an author deny his/her contribution at that time, the
contribution is flagged as authorless
    and is not included in the project sums.

    If an author claims ownership of a contribution, he/she has to
prove his/her ownership by any manner.
    It's recommended to post contribution in a public manner (mailing
list, forum, signed code).
    If an argument can't be solved legitimately, a vote can decide the
owner of a contribution.
    In any case, any contribution not argued 3 month after inclusion
is considered legitimate,
    and can't be argued later on.

    The aim of this license is to be as fair as possible while still
protecting author's rights.

                     END OF TERMS AND CONDITIONS

One of the doubt I have is about the licensing terms (which look like
a contract) inside a license -probably does not fit under the same law
I guess-

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