Preface: I am posting this license as a test of using TWiki to discuss and comment on a license in preparation for OSI consideration.

Contents:

Letter Requesting Approval

Subject: License for approval
From: Andrew Josey <ajosey@rdg.opengroup.org>
Date: Tue, 24 Jul 2001 11:18:38 +0100

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Dear OSI Board members,

Attached (ts-license.html) is a license for approval that we, The Open Group, have been using in a slightly different form for our conformance test suites, that we make freely available.

This is a modified version of the Artistic license. To date we have been making available test suites with the the following License (an example online is at http://www.opengroup.org/testing/downloads/vsthlite-terms.html ) detailing the modifications to the Artistic License. It has been suggested that we merge the two into a single license and seek OSI Approval.

As well as the changes noted below, we have added text to the Preamble explaining our motivation for the license, that we are trying to ensure that these "benchmark" tests retain the integrity of the original test modes if they are modified.

We believe this license is compatible with software distributed under other open source licenses.

Variant Paragraph (within letter)

We also have a varient of this license, which we would appreciate feedback on where we have added an extra stipulation regarding disclosure of test results:

``Disclosure of test results, except for the purposes of reporting a suspected problem in the execution of the tests, or claims of "passing the tests" are not permitted without the previous written consent of X/Open (The Open Group).''

Comments on previous paragraph

Our motivation for this is where we run a certification program for which we wish to protect the value in the mark, yet still allow the test suite to be made freely available.

End of Variant

The license may be posted with our identification.

Thank you for your consideration.
best regards
Andrew

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Andrew Josey                                The Open Group
Director, Server Platforms                  Apex Plaza,Forbury Road,
Email: a.josey@opengroup.org                Reading,Berks.RG1 1AX,England

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Example Current License

(existing example cover license, detailing the differences between this and the Artistic license)

VSTHlite End User Licence

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Copyright (c) 1991, 1992, 1997, 1998, 1999, 2000 X/Open Company Ltd. (X/Open) trading as The Open Group All rights reserved except as granted by this License.

This program is free software; you can redistribute it and/or modify it under the terms of the "Artistic License" which comes with this Kit, with the following modification: a) "executable(s)" should be interpreted to include "test case(s)" b) if you wish to make changes as defined in clause 2 and 3, and distribute a modified version of this package, then clauses 3c and 4c are required c) Clause 7 is rephrased as follows: "Subroutines supplied by you and linked into this Package shall not be considered part of this Package".

X/OPEN, TRADING AS THE OPEN GROUP, DISCLAIMS ALL WARRANTIES WITH REGARD TO THIS SOFTWARE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS. IN NO EVENT SHALL X/OPEN BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS SOFTWARE.

You should have received a copy of the Artistic License with this Kit, in the file named "Artistic". If not, we'll be glad to provide one.

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License for Approval

The Open Group Test Suite License

General comments on the entire license that can't be covered as comments to specific paragraphs

Preamble

The intent of this document is to state the conditions under which a Package may be copied, such that the Copyright Holder maintains some semblance of artistic control over the development of the package, while giving the users of the package the right to use and distribute the Package in a more-or-less customary fashion, plus the right to make reasonable modifications.

Testing is essential for proper development and maintenance of standards-based products.

For buyers: adequate conformance testing leads to reduced integration costs and protection of investments in applications, software and people.

For software developers: conformance testing of platforms and middleware greatly reduces the cost of developing and maintaining multi-platform application software.

For suppliers: In-depth testing increases customer satisfaction and keeps development and support costs in check. API conformance is highly measurable and suppliers who claim it must be able to substantiate that claim.

As such, since these are benchmark measures of conformance, we feel the integrity of test tools is of importance. In order to preserve the integrity of the existing conformance modes of this test package and to permit recipients of modified versions of this package to run the original test modes, this license requires that the original test modes be preserved.

If you find a bug in one of the standards mode test cases, please let us know so we can feed this back into the original, and also raise any specification issues with the appropriate bodies (for example the POSIX committees).

Comments on preamble

Definitions:

• "Package" refers to the collection of files distributed by the Copyright Holder, and derivatives of that collection of files created through textual modification.
• "Standard Version" refers to such a Package if it has not been modified, or has been modified in accordance with the wishes of the Copyright Holder.
• "Copyright Holder" is whoever is named in the copyright or copyrights for the package.
• "You" is you, if you're thinking about copying or distributing this Package.
• "Reasonable copying fee" is whatever you can justify on the basis of media cost, duplication charges, time of people involved, and so on. (You will not be required to justify it to the Copyright Holder, but only to the computing community at large as a market that must bear the fee.)
• "Freely Available" means that no fee is charged for the item itself, though there may be fees involved in handling the item. It also means that recipients of the item may redistribute it under the same conditions they received it.

Comments on definitions

The License Terms

1. You may make and give away verbatim copies of the source form of the Standard Version of this Package without restriction, provided that you duplicate all of the original copyright notices and associated disclaimers.

Comments on previous paragraph

2. You may apply bug fixes, portability fixes and other modifications derived from the Public Domain or from the Copyright Holder. A Package modified in such a way shall still be considered the Standard Version.

Comments on previous paragraph

3. You may otherwise modify your copy of this Package in any way, provided that you insert a prominent notice in each changed file stating how and when you changed that file, and provided that you do at least the following:

rename any non-standard executables and testcases so the names do not conflict with standard executables and testcases, which must also be provided, and provide a separate manual page for each non-standard executable and testcase that clearly documents how it differs from the Standard Version.

Comments on previous paragraph

4. You may distribute the programs of this Package in object code or executable form, provided that you do at least the following:

accompany any non-standard executables and testcases with their corresponding Standard Version executables and testcases, giving the non-standard executables and testcases non-standard names, and clearly documenting the differences in manual pages (or equivalent), together with instructions on where to get the Standard Version.

Comments on previous paragraph

5. You may charge a reasonable copying fee for any distribution of this Package. You may charge any fee you choose for support of this Package. You may not charge a fee for this Package itself. However, you may distribute this Package in aggregate with other (possibly commercial) programs as part of a larger (possibly commercial) software distribution provided that you do not advertise this Package as a product of your own.

Comments on previous paragraph

6. The scripts and library files supplied as input to or produced as output from the programs of this Package do not automatically fall under the copyright of this Package, but belong to whomever generated them, and may be sold commercially, and may be aggregated with this Package.

Comments on previous paragraph

7.Subroutines supplied by you and linked into this Package shall not be considered part of this Package.

Comments on previous paragraph

8. The name of the Copyright Holder may not be used to endorse or promote products derived from this software without specific prior written permission.

Comments on previous paragraph

9. THIS PACKAGE IS PROVIDED "AS IS" AND WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTIBILITY AND FITNESS FOR A PARTICULAR PURPOSE.

Comments on previous paragraph

The End

(c) 1999 Lin-De, Inc

OSD Definition and Comments

Version 1.9

Introduction

Open source doesn't just mean access to the source code. The distribution terms of open-source software must comply with the following criteria:

1. Free Redistribution

The license shall not restrict any party from selling or giving away the software as a component of an aggregate software distribution containing programs from several different sources. The license shall not require a royalty or other fee for such sale.

Comments on previous paragraph

2. Source Code

The program must include source code, and must allow distribution in source code as well as compiled form. Where some form of a product is not distributed with source code, there must be a well-publicized means of obtaining the source code for no more than a reasonable reproduction cost–preferably, downloading via the Internet without charge. The source code must be the preferred form in which a programmer would modify the program. Deliberately obfuscated source code is not allowed. Intermediate forms such as the output of a preprocessor or translator are not allowed.

Comments on previous paragraph

3. Derived Works

The license must allow modifications and derived works, and must allow them to be distributed under the same terms as the license of the original software.

Comments on previous paragraph

4. Integrity of The Author's Source Code

The license may restrict source-code from being distributed in modified form only if the license allows the distribution of "patch files" with the source code for the purpose of modifying the program at build time. The license must explicitly permit distribution of software built from modified source code. The license may require derived works to carry a different name or version number from the original software.

Comments on previous paragraph

5. No Discrimination Against Persons or Groups

The license must not discriminate against any person or group of persons.

Comments on previous paragraph

6. No Discrimination Against Fields of Endeavor

The license must not restrict anyone from making use of the program in a specific field of endeavor. For example, it may not restrict the program from being used in a business, or from being used for genetic research.

Comments on previous paragraph

7. Distribution of License

The rights attached to the program must apply to all to whom the program is redistributed without the need for execution of an additional license by those parties.

Comments on previous paragraph

8. License Must Not Be Specific to a Product

The rights attached to the program must not depend on the program's being part of a particular software distribution. If the program is extracted from that distribution and used or distributed within the terms of the program's license, all parties to whom the program is redistributed should have the same rights as those that are granted in conjunction with the original software distribution.

Comments on previous paragraph

9. The License Must Not Restrict Other Software

The license must not place restrictions on other software that is distributed along with the licensed software. For example, the license must not insist that all other programs distributed on the same medium must be open-source software.

Comments on previous paragraph

-- TWikiPage by RandyKramer - 01 Oct 2001

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