# HG changeset patch # User Rob Landley # Date 1321347590 21600 # Node ID 6fb2672851d9551b05b5c5b918bc46cfac0d1a6c # Parent 50906d6ad26430fe5baeb5f6a1b6afba89c2eb75 Switch license.html to BSD, and delete the old "FSF screwed over Mepis" rant (which while still true, is no longer relevant). diff -r 50906d6ad264 -r 6fb2672851d9 www/license.html --- a/www/license.html Tue Nov 15 02:38:13 2011 -0600 +++ b/www/license.html Tue Nov 15 02:59:50 2011 -0600 @@ -1,355 +1,23 @@ -

Toybox is licensed under the terms of GPLv2.

- -

The complete text of the General Public License version 2 is included in the -file LICENSE in each source tarball. Version 2 is the only version of this -license which toybox is distributed under. (I.E. It doesn't have the strange -"or later" dual license some projects have.)

- -

The complete text of GPLv2 is at the end of this page.

- -

Clarifications

- -

The GPL is a bit old and crufty in places, but it's still the best open -source license there is, and lots of source code (like the Linux kernel) is -distributed under it. Lots of de facto interpretations have sprung up to deal -with things like the fact that it predates the internet service provider -industry. Nothing in the rest of this page changes the actual license, so you -can ignore the rest of this page if you're happy with a strict reading of -GPLv2. But just to be clear, here's how the authors of this project are -interpreting the sucker where it says something stupid.

- -

Section 1: You have permission to rephrase the license notice on -individual source files. This doesn't mean you can change what license the -code is under, or that you can remove other people's copyright notices. You -certainly can't change the text of the GPL itself. What it means is that if -a file says "see file LICENSE in this tarball for details" and you use this -code in a project that distributes source in zip files instead of -tarballs, or your package's copy of the GPLv2 text isn't in a file called -"LICENSE", it's silly to preserve an obsolete notice verbatim and add some -kind of "correction" after the old notice.

- -

Some lawyers seem to think a strict reading of GPLv2 section 1 (and later -sections including section 1 by reference) requires maintaining old notices in -perpetuity. Even if you had code that used to be dual licensed, but you created -a derived work that's just under one of the two licenses, and thus keeping the -old license notice is not just strange or misleading but actually incorrect for -the new file. (For example, splicing GPLv2 only code into a dual "GPLv2 or -later" project produces a result that can be distributed under the terms of -GPLv2, but not GPLv3. The result of that cannot be distributed under the "or -later" part, so a license notice implying it could is factually wrong.)

- -

I don't know if we're ever going to add any dual licensed code into the tree, -but I want to head that one off now. The actual license text is the important -thing, the per-file notice is a courtesy.

- -

Section 2: We don't put the change history in comments in the source -code, we put it in our source control system. We have source control for a -reason. That's where this information belongs, and that's where we put it. -It's world readable on the web, and you can download a snapshot of the whole -repository if you like. The GPL predates modern source control systems, but -this project does not.

- -

Section 3: We distribute source code through the internet. If -your "written offer" includes a URL, and the source code remains anonymously -downloadable at that location for three years after you stop distributing -binaries, life is good as far as we're concerned. (No, you can't encrypt it, -or require a login, or otherwise be slimy bastards acting in bad faith. We'll -come after you if you're not satisfying the terms of the license, this is just -talking about how you can satisfy those terms without having to mail physical -media circa 1991. Most people are already doing it this way, we're just -being explicit about it.)

- -

If you're wondering why this particular clarification exists, -there's a longer explanation.

- -

Finally, section 9 does not apply to this project. We're specifying -a specific version, it's version 2. There is no "or later versions" clause to -require interpreting, so none of that triggers for us.

- -
-
-		    GNU GENERAL PUBLIC LICENSE
-		       Version 2, June 1991
-
- Copyright (C) 1989, 1991 Free Software Foundation, Inc.
-     59 Temple Place, Suite 330, Boston, MA  02111-1307  USA
- Everyone is permitted to copy and distribute verbatim copies
- of this license document, but changing it is not allowed.
-
-			    Preamble
+

Toybox is licensed under a simple 2-clause MIT/BSD style license:

- The licenses for most software are designed to take away your -freedom to share and change it. By contrast, the GNU General Public -License is intended to guarantee your freedom to share and change free -software--to make sure the software is free for all its users. This -General Public License applies to most of the Free Software -Foundation's software and to any other program whose authors commit to -using it. (Some other Free Software Foundation software is covered by -the GNU Library General Public License instead.) You can apply it to -your programs, too. - - When we speak of free software, we are referring to freedom, not -price. Our General Public Licenses are designed to make sure that you -have the freedom to distribute copies of free software (and charge for -this service if you wish), that you receive source code or can get it -if you want it, that you can change the software or use pieces of it -in new free programs; and that you know you can do these things. - - To protect your rights, we need to make restrictions that forbid -anyone to deny you these rights or to ask you to surrender the rights. -These restrictions translate to certain responsibilities for you if you -distribute copies of the software, or if you modify it. - - For example, if you distribute copies of such a program, whether -gratis or for a fee, you must give the recipients all the rights that -you have. You must make sure that they, too, receive or can get the -source code. And you must show them these terms so they know their -rights. - - We protect your rights with two steps: (1) copyright the software, and -(2) offer you this license which gives you legal permission to copy, -distribute and/or modify the software. - - Also, for each author's protection and ours, we want to make certain -that everyone understands that there is no warranty for this free -software. If the software is modified by someone else and passed on, we -want its recipients to know that what they have is not the original, so -that any problems introduced by others will not reflect on the original -authors' reputations. - - Finally, any free program is threatened constantly by software -patents. We wish to avoid the danger that redistributors of a free -program will individually obtain patent licenses, in effect making the -program proprietary. To prevent this, we have made it clear that any -patent must be licensed for everyone's free use or not licensed at all. +
+

Copyright (C) 2006 by Rob Landley <rob@landley.net> - The precise terms and conditions for copying, distribution and -modification follow. - - GNU GENERAL PUBLIC LICENSE - TERMS AND CONDITIONS FOR COPYING, DISTRIBUTION AND MODIFICATION - - 0. This License applies to any program or other work which contains -a notice placed by the copyright holder saying it may be distributed -under the terms of this General Public License. The "Program", below, -refers to any such program or work, and a "work based on the Program" -means either the Program or any derivative work under copyright law: -that is to say, a work containing the Program or a portion of it, -either verbatim or with modifications and/or translated into another -language. (Hereinafter, translation is included without limitation in -the term "modification".) Each licensee is addressed as "you". - -Activities other than copying, distribution and modification are not -covered by this License; they are outside its scope. The act of -running the Program is not restricted, and the output from the Program -is covered only if its contents constitute a work based on the -Program (independent of having been made by running the Program). -Whether that is true depends on what the Program does. - - 1. You may copy and distribute verbatim copies of the Program's -source code as you receive it, in any medium, provided that you -conspicuously and appropriately publish on each copy an appropriate -copyright notice and disclaimer of warranty; keep intact all the -notices that refer to this License and to the absence of any warranty; -and give any other recipients of the Program a copy of this License -along with the Program. - -You may charge a fee for the physical act of transferring a copy, and -you may at your option offer warranty protection in exchange for a fee. - - 2. You may modify your copy or copies of the Program or any portion -of it, thus forming a work based on the Program, and copy and -distribute such modifications or work under the terms of Section 1 -above, provided that you also meet all of these conditions: - - a) You must cause the modified files to carry prominent notices - stating that you changed the files and the date of any change. - - b) You must cause any work that you distribute or publish, that in - whole or in part contains or is derived from the Program or any - part thereof, to be licensed as a whole at no charge to all third - parties under the terms of this License. +

Permission to use, copy, modify, and/or distribute this software for any +purpose with or without fee is hereby granted, provided that the above +copyright notice and this permission notice appear in all copies.

- c) If the modified program normally reads commands interactively - when run, you must cause it, when started running for such - interactive use in the most ordinary way, to print or display an - announcement including an appropriate copyright notice and a - notice that there is no warranty (or else, saying that you provide - a warranty) and that users may redistribute the program under - these conditions, and telling the user how to view a copy of this - License. (Exception: if the Program itself is interactive but - does not normally print such an announcement, your work based on - the Program is not required to print an announcement.) - -These requirements apply to the modified work as a whole. If -identifiable sections of that work are not derived from the Program, -and can be reasonably considered independent and separate works in -themselves, then this License, and its terms, do not apply to those -sections when you distribute them as separate works. But when you -distribute the same sections as part of a whole which is a work based -on the Program, the distribution of the whole must be on the terms of -this License, whose permissions for other licensees extend to the -entire whole, and thus to each and every part regardless of who wrote it. - -Thus, it is not the intent of this section to claim rights or contest -your rights to work written entirely by you; rather, the intent is to -exercise the right to control the distribution of derivative or -collective works based on the Program. - -In addition, mere aggregation of another work not based on the Program -with the Program (or with a work based on the Program) on a volume of -a storage or distribution medium does not bring the other work under -the scope of this License. - - 3. You may copy and distribute the Program (or a work based on it, -under Section 2) in object code or executable form under the terms of -Sections 1 and 2 above provided that you also do one of the following: - - a) Accompany it with the complete corresponding machine-readable - source code, which must be distributed under the terms of Sections - 1 and 2 above on a medium customarily used for software interchange; or, - - b) Accompany it with a written offer, valid for at least three - years, to give any third party, for a charge no more than your - cost of physically performing source distribution, a complete - machine-readable copy of the corresponding source code, to be - distributed under the terms of Sections 1 and 2 above on a medium - customarily used for software interchange; or, - - c) Accompany it with the information you received as to the offer - to distribute corresponding source code. (This alternative is - allowed only for noncommercial distribution and only if you - received the program in object code or executable form with such - an offer, in accord with Subsection b above.) - -The source code for a work means the preferred form of the work for -making modifications to it. For an executable work, complete source -code means all the source code for all modules it contains, plus any -associated interface definition files, plus the scripts used to -control compilation and installation of the executable. However, as a -special exception, the source code distributed need not include -anything that is normally distributed (in either source or binary -form) with the major components (compiler, kernel, and so on) of the -operating system on which the executable runs, unless that component -itself accompanies the executable. - -If distribution of executable or object code is made by offering -access to copy from a designated place, then offering equivalent -access to copy the source code from the same place counts as -distribution of the source code, even though third parties are not -compelled to copy the source along with the object code. - - 4. You may not copy, modify, sublicense, or distribute the Program -except as expressly provided under this License. Any attempt -otherwise to copy, modify, sublicense or distribute the Program is -void, and will automatically terminate your rights under this License. -However, parties who have received copies, or rights, from you under -this License will not have their licenses terminated so long as such -parties remain in full compliance. - - 5. You are not required to accept this License, since you have not -signed it. However, nothing else grants you permission to modify or -distribute the Program or its derivative works. These actions are -prohibited by law if you do not accept this License. Therefore, by -modifying or distributing the Program (or any work based on the -Program), you indicate your acceptance of this License to do so, and -all its terms and conditions for copying, distributing or modifying -the Program or works based on it. +

THE SOFTWARE IS PROVIDED "AS IS" AND THE AUTHOR DISCLAIMS ALL WARRANTIES +WITH REGARD TO THIS SOFTWARE INCLUDING ALL IMPLIED WARRANTIES OF +MERCHANTABILITY AND FITNESS. IN NO EVENT SHALL THE AUTHOR BE LIABLE FOR +ANY SPECIAL, DIRECT, 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.

+
- 6. Each time you redistribute the Program (or any work based on the -Program), the recipient automatically receives a license from the -original licensor to copy, distribute or modify the Program subject to -these terms and conditions. You may not impose any further -restrictions on the recipients' exercise of the rights granted herein. -You are not responsible for enforcing compliance by third parties to -this License. - - 7. If, as a consequence of a court judgment or allegation of patent -infringement or for any other reason (not limited to patent issues), -conditions are imposed on you (whether by court order, agreement or -otherwise) that contradict the conditions of this License, they do not -excuse you from the conditions of this License. If you cannot -distribute so as to satisfy simultaneously your obligations under this -License and any other pertinent obligations, then as a consequence you -may not distribute the Program at all. For example, if a patent -license would not permit royalty-free redistribution of the Program by -all those who receive copies directly or indirectly through you, then -the only way you could satisfy both it and this License would be to -refrain entirely from distribution of the Program. - -If any portion of this section is held invalid or unenforceable under -any particular circumstance, the balance of the section is intended to -apply and the section as a whole is intended to apply in other -circumstances. - -It is not the purpose of this section to induce you to infringe any -patents or other property right claims or to contest validity of any -such claims; this section has the sole purpose of protecting the -integrity of the free software distribution system, which is -implemented by public license practices. Many people have made -generous contributions to the wide range of software distributed -through that system in reliance on consistent application of that -system; it is up to the author/donor to decide if he or she is willing -to distribute software through any other system and a licensee cannot -impose that choice. - -This section is intended to make thoroughly clear what is believed to -be a consequence of the rest of this License. - - 8. If the distribution and/or use of the Program is restricted in -certain countries either by patents or by copyrighted interfaces, the -original copyright holder who places the Program under this License -may add an explicit geographical distribution limitation excluding -those countries, so that distribution is permitted only in or among -countries not thus excluded. In such case, this License incorporates -the limitation as if written in the body of this License. - - 9. The Free Software Foundation may publish revised and/or new versions -of the General Public License from time to time. Such new versions will -be similar in spirit to the present version, but may differ in detail to -address new problems or concerns. - -Each version is given a distinguishing version number. If the Program -specifies a version number of this License which applies to it and "any -later version", you have the option of following the terms and conditions -either of that version or of any later version published by the Free -Software Foundation. If the Program does not specify a version number of -this License, you may choose any version ever published by the Free Software -Foundation. - - 10. If you wish to incorporate parts of the Program into other free -programs whose distribution conditions are different, write to the author -to ask for permission. For software which is copyrighted by the Free -Software Foundation, write to the Free Software Foundation; we sometimes -make exceptions for this. Our decision will be guided by the two goals -of preserving the free status of all derivatives of our free software and -of promoting the sharing and reuse of software generally. - - NO WARRANTY - - 11. BECAUSE THE PROGRAM IS LICENSED FREE OF CHARGE, THERE IS NO WARRANTY -FOR THE PROGRAM, TO THE EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT WHEN -OTHERWISE STATED IN WRITING THE COPYRIGHT HOLDERS AND/OR OTHER PARTIES -PROVIDE THE PROGRAM "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED -OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF -MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. 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. - - 12. IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING -WILL ANY COPYRIGHT HOLDER, OR ANY OTHER PARTY WHO MAY MODIFY AND/OR -REDISTRIBUTE THE PROGRAM AS PERMITTED ABOVE, BE LIABLE TO YOU FOR DAMAGES, -INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING -OUT OF THE USE OR INABILITY TO USE 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), EVEN IF SUCH HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE -POSSIBILITY OF SUCH DAMAGES. - - END OF TERMS AND CONDITIONS -
+

The text of this license is included in the file LICENSE in the source.

diff -r 50906d6ad264 -r 6fb2672851d9 www/licenserant.html --- a/www/licenserant.html Tue Nov 15 02:38:13 2011 -0600 +++ /dev/null Thu Jan 01 00:00:00 1970 +0000 @@ -1,54 +0,0 @@ - - -

The reason for the clarification of section 3 is that -what the FSF did to Mepis was inexcusable. (Further discussed -in this -thread.)

- -

A small Linux distributor named Mepis (more or less a guy in his garage) -partnered with a big linux distributor called Ubuntu (multi-million dollar -company with offices in more than one country). Mepis put out a press release -quoting Ubuntu's founder about how cool the partnership was, and then Mepis -pointed to Ubuntu's source repository for GPL packages it was using unmodified -Ubuntu versions of. And the FSF went after them.

- -

As far as we're concerned, Mepis didn't do anything wrong, and the FSF -was a bully. The FSF was wrong when it tried to make an example out of a -company that was acting in good faith.

- -

To make sure the FSF doesn't pick on anyone else against our wishes, we're -clarifying that if you didn't modify the source code, and the binaries you're -distributing can be entirely regenerated from a public upstream source, -pointing to that upstream source in good faith is good enough for us. As -long as the upstream source doesn't object to the extra bandwidth, -and the correct source code stays available at that location you specify -for the duration of your responsiblity to redistribute source, life is good.

- -

There are a few common sense caveats. This doesn't mean it's fair for a -Fortune 500 company to point millions of people at somebody's home DSL line -(certainly not without asking first). And if the source that's available there -is not the complete corresponding source to the binaries you distributed, then -obviously you haven't fulfilled your obligations by pointing to some _other_ -source. (If you modified it, we want the patch, and claiming you didn't -modify it when you actually did would be fraud.) And if the code stops being -available at that location, you're not off the hook and have to find a new -location or put up your own mirror.

- -

So this is not a "get out of jail free" card: It's still your responsibility -to make the complete corresponding source available. We're just saying you can -reasonably delegate to something like Sourceforge or ibilbio, and as long as -everyone who wants the source can get it, we're happy. If the site you point -to objects or goes down, responsibility obviously reverts to you. But there -are plenty of high-bandwidth places that mirror open source for free these -days: sourceforge, OSL, ISC, ibiblio, archive.org, and so on.

- -

Oh, one last note: if people come to you asking "where's the source" -and your answer doesn't satisfy them, ask yourself "did I identify which -specific version I used, and if I didn't modify it at all did I explicitly -tell them this"? If you don't identify the source you used in enough detail -for open source developers to reproduce what you did, you haven't complied with -your license obligations yet. Identifying the specific source you used -is a very important part of the "written offer" bit that often gets -overlooked.

- -