[Discussioni] Re: IDABC lancia una licenza liberamente tratta dalla Open Software License

Mer 13 Lug 2005 12:19:25 CEST

Simo Sorce Scrive: 

> On Wed, 2005-07-13 at 00:22 +0200, Nicola A. Grossi wrote: 
> 
>> Trattasi di licenze che FSF ed OSI indicano espressamente come *licenze 
>> libere*. Eppure, se non erro, mi sembra di avere letto su questa lista che 
>> questo tipo di clausole sarebbe restrittivo della libertà e che dunque 
>> siffatte licenze non sarebbero libere.
>> Sono un po' confuso... 
> 
> Possono essere un po' fastidiose, soprattutto in caso di contenzioso, ma
> non ci vedo nulla di limitate le 4 libertà fondamentali.

Sono d'accordo, anche perché sembrerebbe che molti "liberi licenzianti" 
abbiano deciso di "infastidire" o di "infastidirsi" un po' (compresa IBM, 
alla cui licenza Lei ha fatto riferimento): 

__IBM Public License Version 1.0__ 

"This Agreement is governed by the laws of the State of New York and the 
intellectual property laws of the United States of America.". 

__Mozilla Public License Version 1.0__ 

"This License shall be governed by California law provisions (except to the 
extent applicable law, if any, provides otherwise), excluding its 
conflict-of-law provisions. With respect to disputes in which at least one 
party is a citizen of, or an entity chartered or registered to do business 
in the United States of America, any litigation relating to this License 
shall be subject to the jurisdiction of the Federal Courts of the Northern 
District of California, with venue lying in Santa Clara County, California, 
with the losing party responsible for costs, including without limitation, 
court costs and reasonable attorneys' fees and expenses. The application of 
the United Nations Convention on Contracts for the International Sale of 
Goods is expressly excluded. Any law or regulation which provides that the 
language of a contract shall be construed against the drafter shall not 
apply to this License.". 

__Nokia Open Source License (NOKOS License) Version 1.0a__ 

"This License is governed by the laws of Finland excluding its 
conflict-of-law provisions. All disputes arising from or relating to this 
Agreement shall be settled by a single arbitrator appointed by the Central 
Chamber of Commerce of Finland. The arbitration procedure shall take place 
in Helsinki, Finland in the English language.". 

__ADAPTIVE PUBLIC LICENSE__ 

"This License shall be governed by and construed in accordance with the laws 
of the Governing Jurisdiction assigned in Part 3 of Exhibit A, without 
regard to its conflict of law provisions. No party may bring a legal action 
under this License more than one year after the cause of the action arose. 
Each party waives its rights (if any) to a jury trial in any litigation 
arising under this License. Note that if the Governing Jurisdiction is not 
assigned in Part 3 of Exhibit A, then the Governing Jurisdiction shall be 
the State of New York.". 

__APPLE PUBLIC SOURCE LICENSE__ 

"13.6 Dispute Resolution. Any litigation or other dispute resolution
between You and Apple relating to this License shall take place in the
Northern District of California, and You and Apple hereby consent to
the personal jurisdiction of, and venue in, the state and federal
courts within that District with respect to this License. The
application of the United Nations Convention on Contracts for the
International Sale of Goods is expressly excluded. 

13.7 Entire Agreement; Governing Law. This License constitutes the
entire agreement between the parties with respect to the subject
matter hereof. This License shall be governed by the laws of the
United States and the State of California, except that body of
California law concerning conflicts of law. 

Where You are located in the province of Quebec, Canada, the following
clause applies: The parties hereby confirm that they have requested
that this License and all related documents be drafted in English. Les
parties ont exige que le present contrat et tous les documents
connexes soient rediges en anglais.". 

__Computer Associates Trusted Open Source License__ 

"11.4 This License is governed by the laws of the State of New York. No 
Recipient will bring a legal action under this License more than one year 
after the cause of action arose. Each Recipient waives its rights to a jury 
trial in any resulting litigation. Any litigation or other dispute 
resolution between a Recipient and CA relating to this License shall take 
place in the State of New York, and Recipient and CA hereby consent to the 
personal jurisdiction of, and venue in, the state and federal courts within 
that district with respect to this License. The application of the United 
Nations Convention on Contracts for the International Sale of Goods is 
expressly excluded. 

11.5 Where Recipient is located in the province of Quebec, Canada, the 
following clause applies: The parties hereby confirm that they have 
requested that this License and all related documents be drafted in English. 
Les parties contractantes confirment qu'elles ont exige que le present 
contrat et tous les documents associes soient rediges en anglais.". 

__COMMON DEVELOPMENT AND DISTRIBUTION LICENSE (CDDL) Version 1.0__ 

"This License shall be governed by the law of the jurisdiction specified in 
a notice contained within the Original Software (except to the extent 
applicable law, if any, provides otherwise), excluding such jurisdictions 
conflict-of-law provisions. Any litigation relating to this License shall be 
subject to the jurisdiction of the courts located in the jurisdiction and 
venue specified in a notice contained within the Original Software, with the 
losing party responsible for costs, including, without limitation, court 
costs and reasonable attorneys fees and expenses. The application of the 
United Nations Convention on Contracts for the International Sale of Goods 
is expressly excluded. Any law or regulation which provides that the 
language of a contract shall be construed against the drafter shall not 
apply to this License. You agree that You alone are responsible for 
compliance with the United States export administration regulations (and the 
export control laws and regulation of any other countries) when You use, 
distribute or otherwise make available any Covered Software.". 

__The Intel Open Source License for CDSA/CSSM Implementation
(BSD License with Export Notice)__ 

"EXPORT LAWS: THIS LICENSE ADDS NO RESTRICTIONS TO THE EXPORT LAWS OF YOUR 
JURISDICTION. It is licensee's responsibility to comply with any export 
regulations applicable in licensee's jurisdiction. Under CURRENT (May 2000) 
U.S. export regulations this software is eligible for export from the U.S. 
and can be downloaded by or otherwise exported or reexported worldwide 
EXCEPT to U.S. embargoed destinations which include Cuba, Iraq, Libya, North 
Korea, Iran, Syria, Sudan, Afghanistan and any other country to which the 
U.S. has embargoed goods and services.". 

__Jabber Open Source License__ 

"This License shall be governed by California law provisions (except to the 
extent applicable law, if any, provides otherwise), excluding its 
conflict-of-law provisions.  You expressly agree that any litigation 
relating to this license shall be subject to the jurisdiction of the Federal 
Courts of the Northern District of California or the Superior Court of the 
County of Santa Clara, California (as appropriate), with venue lying in 
Santa Clara County, California, with the losing party responsible for costs 
including, without limitation, court costs and reasonable attorneys fees and 
expenses.  The application of the United Nations Convention on Contracts for 
the International Sale of Goods is expressly excluded.  You and Licensor 
expressly waive any rights to a jury trial in any litigation concerning 
Licensed Product or this License.  Any law or regulation that provides that 
the language of a contract shall be construed against the drafter shall not 
apply to this License.". 

__MITRE Collaborative Virtual Workspace License (CVW License)__ 

"This License shall be governed by California law provisions (except to the 
extent applicable law, if any, provides otherwise), excluding its 
conflict-of-law provisions. With respect to disputes in which at least one 
party is a citizen of, or an entity chartered or registered to do business 
in, the United States of America: (a) unless otherwise agreed in writing, 
all disputes relating to this License (excepting any dispute relating to 
intellectual property rights) shall be subject to final and binding 
arbitration, with the losing party paying all costs of arbitration; (b) any 
arbitration relating to this Agreement shall be held in Santa Clara County, 
California, under the auspices of JAMS/EndDispute; and (c) any litigation 
relating to this Agreement shall be subject to the jurisdiction of the 
Federal Courts of the Northern District of California, with venue lying in 
Santa Clara County, California, with the losing party responsible for costs, 
including without limitation, court costs and reasonable attorneys fees and 
expenses. The application of the United Nations Convention on Contracts for 
the International Sale of Goods is expressly excluded. Any law or regulation 
which provides that the language of a contract shall be construed against 
the drafter shall not apply to this License.". 

__RealNetworks Public Source License Version 1.0__ 

"12.5 Severability. (a) If for any reason a court of competent jurisdiction 
finds any provision of this License, or portion thereof, to be 
unenforceable, that provision of the License will be enforced to the maximum 
extent permissible so as to effect the economic benefits and intent of the 
parties, and the remainder of this License will continue in full force and 
effect. (b) Notwithstanding the foregoing, if applicable law prohibits or 
restricts You from fully and/or specifically complying with Sections 2 
and/or 3 or prevents the enforceability of either of those Sections, this 
License will immediately terminate and You must immediately discontinue any 
use of the Covered Code and destroy all copies of it that are in your 
possession or control. 

12.6 Dispute Resolution. Any litigation or other dispute resolution between 
You and Licensor relating to this License shall take place in the Seattle, 
Washington, and You and Licensor hereby consent to the personal jurisdiction 
of, and venue in, the state and federal courts within that District with 
respect to this License. The application of the United Nations Convention on 
Contracts for the International Sale of Goods is expressly excluded. 

12.7 Export/Import Laws. This software is subject to all export and import 
laws and restrictions and regulations of the country in which you receive 
the Covered Code and You are solely responsible for ensuring that You do not 
export, re-export or import the Covered Code or any direct product thereof 
in violation of any such restrictions, laws or regulations, or without all 
necessary authorizations. 

12.8 Entire Agreement; Governing Law. This License constitutes the entire 
agreement between the parties with respect to the subject matter hereof. 
This License shall be governed by the laws of the United States and the 
State of Washington. 

Where You are located in the province of Quebec, Canada, the following 
clause applies: The parties hereby confirm that they have requested that 
this License and all related documents be drafted in English. Les parties 
ont exigé que le présent contrat et tous les documents connexes soient 
rédigés en anglais.". 

Nota: tra le Compatible Source Licenses for the RealNetworks Public Source 
License viene indicata anche la GNU GPL. 

__RECIPROCAL PUBLIC LICENSE__ 

"13.8 Arbitration, Jurisdiction & Venue. This License shall be governed by 
Colorado law provisions (except to the extent applicable law, if any, 
provides otherwise), excluding its conflict-of-law provisions. You expressly 
agree that any dispute relating to this License shall be submitted to 
binding arbitration under the rules then prevailing of the American 
Arbitration Association. You further agree that Adams County, Colorado USA 
is proper venue and grant such arbitration proceeding jurisdiction as may be 
appropriate for purposes of resolving any dispute under this License. 
Judgement upon any award made in arbitration may be entered and enforced in 
any court of competent jurisdiction. The arbitrator shall award attorney's 
fees and costs of arbitration to the prevailing party. Should either party 
find it necessary to enforce its arbitration award or seek specific 
performance of such award in a civil court of competent jurisdiction, the 
prevailing party shall be entitled to reasonable attorney's fees and costs. 
The application of the United Nations Convention on Contracts for the 
International Sale of Goods is expressly excluded. You and Licensor 
expressly waive any rights to a jury trial in any litigation concerning 
Licensed Software or this License. Any law or regulation that provides that 
the language of a contract shall be construed against the drafter shall not 
apply to this License.". 

__Ricoh Source Code Public License__ 

"This License shall be governed by California law provisions (except to the 
extent applicable law, if any, provides otherwise), excluding its 
conflict-of-law provisions. The parties submit to personal jurisdiction in 
California and further agree that any cause of action arising under or 
related to this Agreement shall be brought in the Federal Courts of the 
Northern District of California, with venue lying in Santa Clara County, 
California. The losing party shall be responsible for costs, including 
without limitation, court costs and reasonable attorneys fees and expenses. 
Notwithstanding anything to the contrary herein, RSV may seek injunctive 
relief related to a breach of this Agreement in any court of competent 
jurisdiction. The application of the United Nations Convention on Contracts 
for the International Sale of Goods is expressly excluded. Any law or 
regulation which provides that the language of a contract shall be construed 
against the drafter shall not apply to this License.". 

__Sun Industry Standards Source License (SISSL__ 

"This License shall be governed by California law provisions (except to the 
extent applicable law, if any, provides otherwise), excluding its 
conflict-of-law provisions. With respect to disputes in which at least one 
party is a citizen of, or an entity chartered or registered to do business 
in the United States of America, any litigation relating to this License 
shall be subject to the jurisdiction of the Federal Courts of the Northern 
District of California, with venue lying in Santa Clara County, California, 
with the losing party responsible for costs, including without limitation, 
court costs and reasonable attorneys' fees and expenses. The application of 
the United Nations Convention on Contracts for the International Sale of 
Goods is expressly excluded. Any law or regulation which provides that the 
language of a contract shall be construed against the drafter shall not 
apply to this License.". 

__Sybase Open Watcom Public License version 1.0__ 

"13.6 Dispute Resolution. Any litigation or other dispute resolution between 
You and Sybase relating to this License shall take place in the Northern 
District of California, and You and Sybase hereby consent to the personal 
jurisdiction of, and venue in, the state and federal courts within that 
District with respect to this License. The application of the United Nations 
Convention on Contracts for the International Sale of Goods is expressly 
excluded. 

13.7 Entire Agreement; Governing Law. This License constitutes the entire 
agreement between the parties with respect to the subject matter hereof. 
This License shall be governed by the laws of the United States and the 
State of California, except that body of California law concerning conflicts 
of law. Where You are located in the province of Quebec, Canada, the 
following clause applies: The parties hereby confirm that they have 
requested that this License and all related documents be drafted in English. 
Les parties ont exigè que le prèsent contrat et tous les documents connexes 
soient rèdiès en anglais.". 

__The X.Net, Inc. License__ 

"This agreement shall be governed in all respects by the laws of the State 
of California and by the laws of the United States of America.". 

__Common Public License Version 1.0__ 

"This Agreement is governed by the laws of the State of New York and the 
intellectual property laws of the United States of America. No party to this 
Agreement will bring a legal action under this Agreement more than one year 
after the cause of action arose. Each party waives its rights to a jury 
trial in any resulting litigation.". 

__CUA Office Public License Version 1.0__ 

"This License shall be governed by California law provisions (except to the 
extent applicable law, if any, provides otherwise), excluding its 
conflict-of-law provisions. With respect to disputes in which at least one 
party is a citizen of, or an entity chartered or registered to do business 
in the United States of America, any litigation relating to this License 
shall be subject to the jurisdiction of the Federal Courts of the Northern 
District of California, with venue lying in Santa Clara County, California, 
with the losing party responsible for costs, including without limitation, 
court costs and reasonable attorneys' fees and expenses. The application of 
the United Nations Convention on Contracts for the International Sale of 
Goods is expressly excluded. Any law or regulation which provides that the 
language of a contract shall be construed against the drafter shall not 
apply to this License.". 

__Eclipse Public License -v 1.0__ 

"This Agreement is governed by the laws of the State of New York and the 
intellectual property laws of the United States of America. No party to this 
Agreement will bring a legal action under this Agreement more than one year 
after the cause of action arose. Each party waives its rights to a jury 
trial in any resulting litigation.". 

__Lucent Public License Version 1.0__ 

"This Agreement is governed by the laws of the State of <STATE> and the 
intellectual property laws of the United States of America. No party to this 
Agreement will bring a legal action under this Agreement more than one year 
after the cause of action arose. Each party waives its rights to a jury 
trial in any resulting litigation.". 

__Lucent Public License Version 1.02__ 

"This Agreement is governed by the laws of the State of New York and the 
intellectual property laws of the United States of America. No party to this 
Agreement will bring a legal action under this Agreement more than one year 
after the cause of action arose. Each party waives its rights to a jury 
trial in any resulting litigation.". 

__MOTOSOTO OPEN SOURCE LICENSE - Version 0.9.1__ 

"This License represents the complete agreement concerning the subject 
matter hereof. 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. This License shall be governed by Dutch law provisions. The 
application of the United Nations Convention on Contracts for the 
International Sale of Goods is expressly excluded. You and Licensor 
expressly waive any rights to a jury trial in any litigation concerning 
Licensed Product or this License. Any law or regulation that provides that 
the language of a contract shall be construed against the drafter shall not 
apply to this License.". 

__NASA OPEN SOURCE AGREEMENT VERSION 1.3__ 

"This Agreement shall be subject to United States federal law only for all 
purposes, including, but not limited to, determining the validity of this 
Agreement, the meaning of its provisions and the rights, obligations and 
remedies of the parties.". 

__OCLC Research Public License 2.0 License__ 

"This License shall be governed by and construed in accordance with the laws 
of the State of Ohio and the United States of America, without regard to 
principles of conflicts of law. OCLC Research Public License 2.0.". 

__Python License (CNRI Python License)__ 

"This License Agreement shall be governed by and interpreted in all respects 
by the law of the State of Virginia, excluding conflict of law provisions.". 

__Python Software Foundation License__ 

"This License Agreement shall be governed by and interpreted in all respects 
by the law of the State of California, excluding conflict of law 
provisions.". 

> Sono chiaramente licenze incompatibili con la GNU GPL e quello che più
> mi stupisce è che la EU faccia una licenza incompatibile alla GNU GPL ma
> sostanzialmente analoga, e non si preoccupa neanche di proteggersi da
> cose come i brevetti come almeno fanno licenze come la IBM Public
> License. Insomma un'occasione persa 2 volte.

E' vero. Il modo migliore per capire le ragioni dell'Unione Europea credo 
che sia leggere questo documento: 

http://europa.eu.int/idabc/servlets/Doc?id=21197 

In cui si dice:
"The GPL’s major problem is that the right of communication to the public is 
not provided explicitly amongst the granted rights, and that a clause limits 
furthermore the granted rights to what is explicitly provided by the 
license.". 

La sensazione che ricevo dalla lettura complessiva del documento, è che sia 
stato scritto da persone di buona volontà e preparate ma totalmente estranee 
al mondo open. Ho immaginato degli alieni che catturano 5 uomini 
appartenenti a 5 razze diverse (il Sig. BSD, il Sig. GNU, il Sig. MPL, il 
Sig. OSL e il Sig. CeCILL) e li portano in laboratorio per capire, 
attraverso l'analisi dei corpi, quali pezzi siano più adatti, alla stregua 
degli usi e dei costumi degli abitanti del pianeta "EU Centauri", per la 
costruzione del Cyborg EUPL-1.0. 

Insomma, è logico, come Lei dice, che si tratti di un'occasione perduta:
gli alieni volano alla velocità della luce, ma provi un po' a fargli 
prendere un treno (fila biglietto, biglietto, obliterazione biglietto, 
trovare binario, individuare treno, salire... ): lo perdono di sicuro! 

Saluti,
n.a.g. 