[Whonix-devel] [License-review] For Approval: GPL-3+-with-whonix-additional-terms - GPLv3 with improved, legal protections as per GNU GPL version 3 section 7

[Brendan Hickey]

Patrick,

I like the idea, putting aside questions of legal review. Have you run this
by the FSF? I can't speak to their appetite for revising the GPL, but
improvements to indemnification language might be of interest to them.

Brendan


On Fri, Mar 15, 2019, 15:50 Patrick Schleizer <adrelanos at riseup.net> wrote:

> # Name
>
> GPL-3+-with-whonix-additional-terms
>
> # Rationale
>
> The GPL exclusion of warranties clause may not include infringement
> claims. Other Libre Software licenses do include this. [1]
>
> Many projects do add additional permissions or terms to the GPL. [2]
> This is possible as per GNU GPL version 3 section 7.
>
> The text of the GPLv3 remains completely unmodified. A pure use of GNU
> GPL version 3 section 7.
>
> Includes improved legal protections:
>
> - improved disclaimer of warranty,
>
> - improved limitation of warranty,
>
> - indemnification: "Requiring indemnification of licensors and authors
> of that material by anyone who conveys the material (or modified
> versions of it) with contractual assumptions of liability to the
> recipient, for any liability that these contractual assumptions directly
> impose on those licensors and authors." [3]
>
> - improved trademark/attribution/misrepresentation protection.
>
> # Distinguish
>
> doom3 / Return to Castle Wolfenstein by id Software and micropolis by
> Electronic Arts use a very similar license, but these contain text
> specific to those companies and software. Therefore unsuitable for reuse
> by third parties. GPL-3+-with-whonix-additional-terms has the intent
> to be reusable by third parties in their projects since it does not
> contain language specific to Whonix. [4]
>
> GPL-3+-with-whonix-additional-terms minimal changes to it:
>
> * Change "The Doom 3 BFG Edition GPL Source Code" wording to the more
> common "this program" which is used throughout the GPL.
> * Added a "trump clause]" [5], in other words, any conflicts or disputes
> between the additional terms and the GPLv3 shall be resolved in favor of
> the GPLv3 by adding "Notwithstanding any other provision of this
> License" (as mentioned in GPL FAQ [6]) at the beginning of the
> additional terms.
> * License: "GPL-3+-with-whonix-additional-terms"
>
> # Legal review
>
> It is probably reasonable to assume that id Software and Electronic Arts
> had their license checked by their lawyers but there is no public
> information available on this.
>
> micropolis which uses a very similar language is available in Debian
> main [7], this was discussed and no complaints raised related to DFSG
> (The Debian Free Software Guidelines). [8] [9] But I am not aware who's
> the lawyer.
>
> No legal review.
>
> # Proliferation category
>
> Other/Miscellaneous licenses
>
> # Footnotes
>
> [1]
>
> https://cpb-us-e1.wpmucdn.com/sites.suffolk.edu/dist/5/1153/files/2014/12/McJohn-THE-GPL-MEETS-THE-UCC.pdf
> [2]
>
> http://www.mmmtechlaw.com/wp-content/uploads/2014/03/PLI-Open-Source-2014-Extra-provisions-of-FSF-licenses.pdf
> [3] Quote from GPLv3
> [4] The name of the license includes "whonix" but that could be changed
> if offending.
> [5] https://www.fsf.org/news/canonical-updated-licensing-terms
> [6] https://www.gnu.org/licenses/gpl-faq.html#v3Notwithstanding
> [7] https://packages.debian.org/buster/micropolis
> [8] https://lists.debian.org/debian-legal/2014/10/msg00002.html
> [9] https://lists.debian.org/debian-legal/2014/10/msg00003.html
>
> # Appendix: The license text
>
>  License: GPL-3+-with-whonix-additional-terms
>  This program is free software: you can redistribute it and/or modify
>  it under the terms of the GNU General Public License as published by
>  the Free Software Foundation, either version 3 of the License, or
>  (at your option) any later version.
>  .
>  This program is distributed in the hope that it will be useful,
>  but WITHOUT ANY WARRANTY; without even the implied warranty of
>  MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE.  See the
>  GNU General Public License for more details.
>  .
>  You should have received a copy of the GNU General Public License
>  along with this program.  If not, see <https://www.gnu.org/licenses/>.
>  .
>  On Debian systems, the full text of the GNU General Public
>  License version 3 can be found in the file
>  `/usr/share/common-licenses/GPL-3'.
>  .
>  ADDITIONAL TERMS APPLICABLE per GNU GPL version 3 section 7
>  .
>  Notwithstanding any other provision of this License,
>  in addition, the this program is also subject to certain additional terms.
>  .
>  1. Replacement of Section 15.  Section 15 of the GPL shall be deleted
> in its
>  entirety and replaced with the following:
>  .
>  15. Disclaimer of Warranty.
>  .
>  THE PROGRAM IS PROVIDED WITHOUT ANY WARRANTIES, WHETHER EXPRESSED OR
> IMPLIED,
>  INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF FITNESS FOR A
> PARTICULAR
>  PURPOSE, NON-INFRINGEMENT, TITLE AND MERCHANTABILITY.  THE PROGRAM IS
> BEING
>  DELIVERED OR MADE AVAILABLE 'AS IS', 'WITH ALL FAULTS' AND WITHOUT
> WARRANTY OR
>  REPRESENTATION.  THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE
>  PROGRAM IS WITH YOU.  SHOULD THE PROGRAM PROVE DEFECTIVE, YOU ASSUME
> THE COST OF
>  ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
>  .
>  2. Replacement of Section 16.  Section 16 of the GPL shall be deleted
> in its
>  entirety and replaced with the following:
>  .
>  16. LIMITATION OF LIABILITY.
>  .
>  UNDER NO CIRCUMSTANCES SHALL ANY COPYRIGHT HOLDER OR ITS AFFILIATES, OR
> ANY
>  OTHER PARTY WHO MODIFIES AND/OR CONVEYS THE PROGRAM AS PERMITTED ABOVE, BE
>  LIABLE TO YOU, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, FOR
> ANY
>  DAMAGES OR OTHER LIABILITY, INCLUDING ANY GENERAL, DIRECT, INDIRECT,
> SPECIAL,
>  INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING FROM, OUT OF OR IN
>  CONNECTION WITH THE USE OR INABILITY TO USE THE PROGRAM OR OTHER
> DEALINGS WITH
>  THE PROGRAM(INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR DATA BEING
> RENDERED
>  INACCURATE OR LOSSES SUSTAINED BY YOU OR THIRD PARTIES OR A FAILURE OF THE
>  PROGRAM TO OPERATE WITH ANY OTHER PROGRAMS), WHETHER OR NOT ANY
> COPYRIGHT HOLDER
>  OR SUCH OTHER PARTY RECEIVES NOTICE OF ANY SUCH DAMAGES AND WHETHER OR
> NOT SUCH
>  DAMAGES COULD HAVE BEEN FORESEEN.
>  .
>  3. LEGAL NOTICES; NO TRADEMARK LICENSE; ORIGIN.  You must reproduce
> faithfully
>  all trademark, copyright and other proprietary and legal notices on any
> copies
>  of the Program or any other required author attributions.  This license
> does not
>  grant you rights to use any copyright holder or any other party's name,
> logo, or
>  trademarks.  Neither the name of the copyright holder or its
> affiliates, or any
>  other party who modifies and/or conveys the Program may be used to
> endorse or
>  promote products derived from this software without specific prior written
>  permission.  The origin of the Program must not be misrepresented; you
> must not
>  claim that you wrote the original Program.  Altered source versions must
> be
>  plainly marked as such, and must not be misrepresented as being the
> original
>  Program.
>  .
>  4. INDEMNIFICATION.  IF YOU CONVEY A COVERED WORK AND AGREE WITH ANY
> RECIPIENT
>  OF THAT COVERED WORK THAT YOU WILL ASSUME ANY LIABILITY FOR THAT
> COVERED WORK,
>  YOU HEREBY AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE OTHER
> LICENSORS AND
>  AUTHORS OF THAT COVERED WORK FOR ANY DAMAGES, DEMANDS, CLAIMS, LOSSES,
> CAUSES OF
>  ACTION, LAWSUITS, JUDGMENTS EXPENSES (INCLUDING WITHOUT LIMITATION
> REASONABLE
>  ATTORNEYS' FEES AND EXPENSES) OR ANY OTHER LIABILITY ARISING FROM,
> RELATED TO OR
>  IN CONNECTION WITH YOUR ASSUMPTIONS OF LIABILITY.
>
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>
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>
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