From: Brian Julin <bri@forcade.calyx.net>
  To  : ggi-develop@eskimo.com
  Date: Sun, 2 Aug 1998 14:05:28 -0400 (EDT)

Re: Do We Want KGI To Be The Standard? (Re: I'm back)

How's this for a dual-license ?:

                   Original GGI Dynamic License

I. SUMMARY

1. Introduction

This source code or source code upon which this software 
is based in whole or in part, hereinafter referred to as 
"original upstream source" was originally licensed under the 
terms of the GGI Dynamic License.  A copy of the terms of
this license may be obtained with a copy of the original
upstream source, see section II.

Subsequent modifications of the original upstream source whose 
distribution terms have not been altered from those of
the original upstream source are hereinafter referred to as 
"modified upstream source".

In the interest of cross-platform compatibility, the GGI 
Dynamic License allows redistributers to alter the 
redistribution terms of the original upstream source code as 
described in section IV below.  Any relicensing which has
occured is noted in Section III.

Subsequent modifications of the original upstream source whose 
distribution terms have been altered from those of the original 
upstream source are hereinafter referred to as "relicensed source".  

Editing of the title of this document or of Section II as described 
in Sections VI, or VII does not constitute altering distribution 
terms.

The software package, software bundle, product, or firmware image 
containing compilations or uncompiled copies of the original upstream 
source, modified upstream source, or relicensed modified source is
hereinafter referred to as the "containing package".

This document specifies the exact terms under which the 
original upstream source, modified upstream source, or
relicensed source, as defined in Section I part 3, may be modified 
or redistributed.

2. Domain of Applicability.

Section I part 3 contains, and is limited to containing, 
a description of which parts of the containing package constitute 
original upstream source, modified upstream source, or relicensed 
source.  Multiple GGI Dynamic Licenses may be present and apply
to different portions of the containing package; Section 
I part 3 need not note this fact.  This license only applies to 
the portions of the containing package listed in Section I part 3.  
Section I part 3 may contain no other terms or restrictions.
Questions about the level of detail needed should be referred
to the upstream source copyright holders.

3. Specification of the Domain of Applicability.

This entire containing package is original upstream source.



II. ELECTION OF ALTERNATE LICENSE

This code is original upstream source redistributed under the 
GGI Dynamic License, no alternate license has been chosen.



III. SOURCE CODE AVAILABILITY

1. Availability and copyright of original upstream source.

An unmodified copy of the Original GGI Dynamic Licence is available
at http://www.ggi-project.org/yada/yada/yada.html.

The original upstream source is copyrighted by the authors, 
as noted in the source code and redistributed under the
terms of the GGI Dynamic License.  Instructions for obtaining 
the original source code under the original licensing terms 
may be found in the source files.

2. Availability and copyright of modified upstream source.

A list may follow of instructions for obtaining modified upstream 
source.  The list is ordered; a modified upstream source is based 
off any previous entries in the list.



IV. TERMS OF RELICENSING

Relicensing of this source is permitted through the following process:

1) Change the title of this document to "GGI Dynamic Re-License".

2) If any portions of the original upstream source have been separated 
from the copyright notices or instructions for obtaining the original upstream 
source such that they do not appear in the same source file, or if the 
containing package consists of binaries without source code, abovementioned 
copyright notices and instructions must replace the second paragraph
of Section III Part 1.  This is the only type of modification or subject matter
permitted in Section III Part 1.

3) Replace the contents of Section I part 3 to contain a sentence
which reads "This containing package includes relicensed source under
the terms detailed in this document."  This sentence must be followed with 
a description of which portions of the containing package contain 
relicensed source.  No other subject matter is allowed in Section I part 3.

4) Replace the contents of Section II with one of the following
peices of text:

   A) "This code is relicensed source which is
   distributed under the terms of the GNU Library Public License,
   version ??.  Subsequent redistribution and/or modification
   of the relicensed source must adhere to the terms
   of the GNU Public License in addition to the terms of 
   Section V of this document.   The GNU Public License does not 
   apply to any of the original upstream source or the modified upstream 
   source listed in Section II."

   B) "This code is relicensed source which is
   distributed under the terms of the FreeBSD Public License,
   version ??.  Subsequent redistribution and/or modification
   of the relicensed source must adhere to the terms
   of the FreeBSD Public License in addition to the terms of
   Section V of this document.  The FreeBSD license does not 
   apply to any of the original upstream source or the modified upstream 
   sources listed in Section II."

   C) A text arranged with and agreed on by all copyright holders of the 
   original upstream source and modified upstream sources as listed in
   Section II.  This text may specify any terms but may not claim
   or cede ownership of the original upstream source of modified
   upstream sources, which must remain themselves under the GGI 
   Dynamic License, nor may it override any terms in section 
   V.

V. UNREVOKABLE TERMS OF REDISTRIBUTION AND MODIFICATION.

1) A copy of this license must be distributed with the containing package,
with modifications only as allowed by sections IV, VI and VII.  It must
be provided in the same locations and in the same forms as the 
license terms of the containing package itself.  If the containing package
has no license terms, it must be provided in the same locations
and forms as system documentation.  Failing that, it must be placed in
a format readable to the user without utilities not provided with
the containing package, and its location must not be obfuscated.

2) If the licensed software is a relicensed source,
redistribution and modification must adhere also to the terms of the
alternate license elected in section III.

3) The original upstream source and the modified upstream sources
are distributed without warranty of merchantability or 
fitness (etc.etc.)  The copyright holder of a relicensed
modified source assumes all liability for any proferred warranties.

4) Modified source of any form may not be assumed to accurately
represent or used to evaluate the coding style or skill of copyright 
holders of the original upstream source or modified upstream source
upon which it is based.  The names of said copyright holders may not
be used for advertising or promotional purposes without respective 
permission, even when using their code unmodified.

5) The name "GGI Project" may not be used for advertising or 
promotional purposes without approval of the GGI core developer
team, save only in products containing only original upstream
source; no endorsement of the containing package by the "GGI Project"
may be implied in either case.


VI. TERMS OF UPSTREAM ORIGINATION.

1) Originators of upstream source code may alter Section II part I paragraph
2 of an unmodified copy of the Original GGI Dynamic License to
apply copyright notification and information on source availability,
and redistribute the resulting license with their original source.  However,
they must retitle the document "GGI Dynamic License"; this action neither 
implies nor requires an affiliation with the "GGI Project."  The originator 
assumes liability for any violations of licensing terms which may result from
these actions, and is advised to scrutinize the licenses of any 
software used by the new original upstream source and assure it is either
public domain or itself original upstream source.

2) In order to be considered original upstream source (as 
opposed to modified upstream source) inclusion of any code from
other original upstream source must be approved by the copyright holder
who may make requirements concerning copyright notices.

VII. TERMS OF UPSTREAM MODIFICATION.

Modified upstream source may be distributed with a license created
as follows:

1) If necessary, alter the title of this document to read 
"GGI Dynamic License".

2) If any portions of the original upstream source have been separated 
from the copyright notices or instructions for obtaining the original upstream 
source such that they do not appear in the same source file, or if the 
containing package consists of binaries without source code, abovementioned 
copyright notices and instructions must replace the second paragraph
of Section III Part 1.  This is the only type of modification or subject matter
permitted in Section III Part 1.

3) Add copyright information and distribition instructions for your
new modified upstream source to the bottom of the list in 
Section III part 2.  Note in-source copyrights are not protected
for modified upstream packages, so you are advised to provide
full information in this document.


VIII) TERMS OF UPSTREAM DISTRIBUTION

The following terms apply only if no alternative license has been 
elected in Section I part 3.



<the usual basic permission to copy use and distribute>


(gasp.)

The only risk I see in double licensing is on the Linux side
of the fence.  Here a branching off from GGI in a purist fashion
could occur, however this is not likely to happen as many Linux
developers are ambivalent towards the GPL and such a branching would
jeopardize cross-plaform compatibility.

What is more likely is that open source developers submitting such 
modifications will also submit them to the upstream developer (us) 
for release under both licenses, since if they don't their changes 
are likely to be overwritten when the next release of our upstream 
code is accepted into the kernel.  This will happen because our code 
is likely to advance quicker and become more stable faster, so we 
have better reason to be included rather than GPL-only 
"stubborn-third-party" tweaks and bugfixes.

Closed source developers are going to be isolated in a separate 
subdirectory/license where they can keep their binary-only versions 
or whatnot; if we decide to redistribute their code with the 
upstream source. 

The general rule would be no modifications make it into dual-licensed 
drivers unless the author will submit them to us for dual license 
distribution; and we take no responsibility for making ourselves 
compatible with modifications that insist on one or the other license.

We'll be doing a lot of e-mail asking release of modifications from
the authors; This may seem a chore but it's a fact of life these days,
you have to be professional about copyrights if you care about support
from the commercial sector.

Bah.  What a waste of an afternoon.

--
Brian S. Julin