Subject: For Approval: TrueCrypt Collective License Version 2.0
From: "Tomas Novak" <counsel@truecrypt.org>
Date: Mon, 10 Jul 2006 23:00:50 +0200 (CEST)
Mon, 10 Jul 2006 23:00:50 +0200 (CEST)
Hello,

In accordance with instructions posted at 
http://opensource.org/docs/certification_mark.php, I am writing to 
begin a discussion about the TrueCrypt Collective License Version 2.0, 
which the TrueCrypt Foundation has submitted to the Open Source 
Initiative for approval. As requested, this e-mail also contains our 
answers to questions posted at 
http://opensource.org/docs/certification_mark.php.



The HTML version of the draft 1 of the license is available at: 
http://www.truecrypt.org/docs/drafts/truecrypt-collective-license-v20-
d1.html

The plain-text version of the draft 1 of the license is available at:
http://www.truecrypt.org/docs/drafts/truecrypt-collective-license-v20-
d1.txt

The plain text version of the draft 1 of the license is attached to 
this e-mail. 



Main reasons why we cannot use any of the existing OSI-approved 
licenses:

1) We need to explicitly enforce the requirement for derived works to 
carry a different name. We do not consider the fact that the name of 
our product is a trademark to be sufficient protection, as it is not 
feasible for us to register and enforce the trademark in every country.

2) We need the license to reflect the fact that the covered software is 
cryptographic. We have a special part in the Disclaimer section 
pertaining to cryptographic algorithms and their implementations. 

3) We need to take into an account that the whole product is 
distributed under multiple licenses. The TrueCrypt Collective License 
includes all these licenses and refers to them as "component" licenses 
and defines the relationships between all the individual licenses. It 
is important to note that the component licenses do not permit changes 
of the license terms for the work (or portions thereof) they cover. 
Therefore they must be retained verbatim (and cannot be replaced by an 
existing OSI-approved license). For the purpose of the approval 
process, the component licenses shall not be considered as separate 
licenses, but as integral parts of the TrueCrypt Collective License.



Q: "Tell us which existing OSI-approved license is most similar to your 
license."

A: Our license is somewhat similar to the PHP License (in that it 
requires that derived works shall not be called as the original work) 
and to the GPL. However, in contrast to the GPL, our license does not 
require works whose integral parts are derived from works released 
under our license to be licensed as a whole under the terms of our 
license. 


Q: "Which license do you think will take precedence for derivative or 
combined works?"

A: Our license will often take precedence due to the requirement that 
complete source code for derived works must be made publicly available 
(under certain conditions, licensees are exempted from this 
requirement).


Q: "Is there any software license that is entirely incompatible with 
your proposed license?"

A: Presumably, the GPL, which requires works that contain parts of 
works licensed under the GPL to be licensed as a whole under the terms 
of the GPL. However, our license does not permit change of license 
terms for a work released under our license. Therefore, a work licensed 
under the GPL cannot be combined with a work licensed under our license 
in a single product, where the respective portions are integral.



We will gladly work with you to resolve any possible problems with this 
license.


Thank you for your time. 

Sincerely,
Tomas Novak

TrueCrypt Foundation
http://www.truecrypt.org/



TrueCrypt Collective License Version 2.0  [Draft No.1]


The TrueCrypt Collective License consists of several distinct licenses, which
are contained in this document (separated by lines consisting of underscores)
and which are, in this section, referred to as component licenses. Each of the
component licenses applies only to (portions of) the source code file(s) in
which the component license is contained or in which it is explicitly
referenced, and to compiled or otherwise processed forms of such source code.
None of the component licenses applies to this product as a whole, even when it
uses the phrase "this product" or any other equivalent term/phrase. Unless
otherwise stated, graphics and files that are not part of the source code are
covered solely by the TrueCrypt License.
Note: The TrueCrypt License is one of the component licenses of which the
TrueCrypt Collective License consists.

Anyone who uses and/or reproduces and/or modifies and/or (re)distributes any
part(s) of work made available under this version of the TrueCrypt Collective
License, is, by such action(s), accepting in full the responsibilities and
obligations contained in the component licenses that apply to the corresponding
part(s) of such work.

If any term of this license is found to be invalid or unenforceable under
applicable law, it shall not affect the validity or enforceability of any other
terms of this license that are found to be valid and enforceable under
applicable law.

____________________________________________________________

TrueCrypt License Version 3.0  [Draft No.1]


I. Definitions

1. "This Product" means the work (including, but not limited to, source code,
graphics, texts, and accompanying files) made available under and covered by
this version of this License, as indicated by a copyright notice attached to or
included in the work.

2. "You" (or "Your") means an individual or a legal entity (e.g., a non-profit
organization, commercial organization, government agency, etc.) exercising
rights under this License.

3. "Modification" means any alteration of This Product, including, but not
limited to, addition to or deletion from the substance or structure of This
Product, and translation into another language.

4. "Your Product" means This Product modified by You, any work You derive from
(or base on) This Product, any work in which You include This Product, or any
respective part(s) thereof.



II. Terms and Conditions for Use, Reproduction, and Distribution

1. You may copy and/or distribute This Product, provided that You do not modify
any part of This Product (for terms and conditions for reproduction and
distribution of modified versions of This Product, see Section III) and
provided that You ensure that all the legal notices and documents (containing,
e.g., the text of this License, references to this License, etc.) included with
This Product are included with every copy of This Product that you make and
distribute.

2. You may use This Product freely (see also Section III) on any number of
computers/systems for non-commercial and/or commercial purposes.



III. Terms and Conditions for Modification and Derivation of New Products

1. You may modify This Product (thus forming Your Product), derive new works
from This Product or portions thereof (thus forming Your Product), include This
Product or portions thereof in another product (thus forming Your Product), and
You may copy and/or distribute Your Product, only if the following conditions
are met (for exceptions, see Sections III.2 and III.3):

    a. The name of Your Product (or of Your modified version of This Product)
    must not contain the name TrueCrypt (for example, the following names are
    not allowed: TrueCrypt, TrueCrypt+, TrueCrypt Professional, iTrueCrypt,
    etc.) nor any of its variations that can be easily confused with the name
    TrueCrypt (e.g., True-Crypt, True Crypt, TrueKrypt, TruCrypt, etc.)

    Note: TrueCrypt is a trademark of the TrueCrypt Foundation. The goal is not
    to monetize the name or the product, but to protect the reputation of
    TrueCrypt, and to prevent support issues and other kinds of issues that
    might arise from the existence of similar products with the same or similar
    name. Even though TrueCrypt is a trademark, TrueCrypt is and will remain
    open-source and free software.

    b. The following phrases must be removed from Your Product:
    "A TrueCrypt Foundation Release"
    "Released by TrueCrypt Foundation"
    "This is a TrueCrypt Foundation release."

    c. Phrase "Based on TrueCrypt, freely available at
    http://www.truecrypt.org/" must be displayed by Your Product (if
    technically feasible) and contained in its documentation. Alternatively, if
    This Product or its portion You included in Your Product comprises only a
    minor portion of Your Product, phrase "Portions of this product are based
    in part on TrueCrypt, freely available at http://www.truecrypt.org/" may be
    displayed instead. In each of the cases mentioned above in this paragraph,
    "http://www.truecrypt.org/" must be a hyperlink (if technically feasible)
    pointing to http://www.truecrypt.org/ and you may freely choose the
    location within the user interface (if there is any) of Your Product (e.g.,
    an "About" window, etc.) and the way in which Your Product will display the
    respective phrase.

    d. The complete source code of Your Product must be freely and publicly
    available (for exceptions, see Sections III.2 and III.3) at least until you
    cease to distribute Your Product. To meet this condition, it is sufficient
    that You merely include the source code with every copy of Your Product
    that you make and distribute; it is also sufficient that You merely include
    information (valid and correct at least until you cease to distribute Your
    Product) about where the source code can be freely obtained (e.g., an
    Internet URL, etc.) with every copy of Your Product that you make and
    distribute. The source code must not be deliberately obfuscated, and it
    must not be in an intermediate form (e.g., the output of a preprocessor).
    Source code means the preferred form in which a programmer would usually
    modify the program.

    e. You must not change the license and distribution terms of This Product
    (i.e., no part of This Product may be put under another license), except as
    expressly permitted or required by this License. You must keep intact all
    the legal notices contained in the source code files. You must include the
    following items with every copy of Your Product that you make and
    distribute: a clear and conspicuous notice stating that Your Product or
    portion(s) thereof is/are distributed under this version of the TrueCrypt
    License, a verbatim copy of this version of the TrueCrypt License (as
    contained herein), a clear and conspicuous notice containing information
    about where the included copy of the License can be found, and an
    appropriate copyright notice.

    f. You must not use the name of This Product, names of its authors, or the
    names of the legal entities (or informal groups) of which the authors
    were/are members/employees, to endorse or promote Your Product without
    specific prior written permission from the authors of This Product.


2. You are not obligated to comply with Sections III.1.a, III.1.b, III.1.c, and
III.1.d, if all conditions specified in one of the two following paragraphs are
met:

    a. Your Product is an operating system distribution, or other aggregate
    software distribution (such as a cover CD-ROM of a magazine) containing
    products from different sources, in which You include either This Product
    without any modifications or file(s) which You obtain by compiling the
    unmodified source code of This Product.

    b. You include This Product in its entirety and without any modifications
    (You may omit the source code of This Product) as non-integral part of Your
    Product (i.e., none of the main functionalities of Your Product will be
    affected if such non-integral part is removed) and phrase "This product
    utilizes TrueCrypt, freely available at http://www.truecrypt.org/" or
    phrase "This product includes TrueCrypt, freely available at
    http://www.truecrypt.org/" is displayed by Your Product (if technically
    feasible) and contained in its documentation. In each of the cases
    mentioned above in this paragraph, "http://www.truecrypt.org/" must be a
    hyperlink (if technically feasible) pointing to http://www.truecrypt.org/

    and you may freely choose the location within the user interface (if there
    is any) of Your Product (e.g., an "About" window, etc.) and the way in
    which Your Product will display the respective phrase.


3. You are not obligated to comply with Section III.1.d if Your Product is not
distributed (i.e., Your Product is available only to You).



IV. Disclaimer of Warranties and Liabilities

1. THERE IS NO WARRANTY FOR THE PRODUCT, TO THE EXTENT PERMITTED BY APPLICABLE
LAW. UNLESS OTHERWISE STATED, THE PRODUCT IS PROVIDED "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.

2. IN NO EVENT, UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING, WILL
ANY COPYRIGHT HOLDER, OR (CO)AUTHOR OF THIS PRODUCT, OR ANY OTHER PARTY WHO MAY
MODIFY AND/OR DISTRIBUTE THE PROGRAM AS PERMITTED HEREIN, BE LIABLE TO YOU OR
ANY OTHER PARTY 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 HAD
PREVIOUSLY BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

3. THIS PRODUCT INCORPORATES IMPLEMENTATIONS OF CRYPTOGRAPHIC ALGORITHMS THAT
MAY BE REGULATED (E.G., SUBJECT TO EXPORT/IMPORT CONTROL REGULATIONS) OR
ILLEGAL IN SOME COUNTRIES. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT IT IS
SOLELY YOUR RESPONSIBILITY TO VERIFY THAT IT IS LEGAL TO IMPORT AND/OR EXPORT
AND/OR USE THIS PRODUCT (OR PARTS THEREOF) IN COUNTRIES WHERE YOU INTEND TO USE
IT AND/OR TO WHICH YOU INTEND TO IMPORT IT AND/OR FROM WHICH YOU INTEND TO
EXPORT IT, AND THAT IT IS SOLELY YOUR RESPONSIBILITY TO COMPLY WITH ANY SUCH
REGULATIONS/RESTRICTIONS.



V. Trademarks

This License does not grant permission to use trademarks associated with (or
applying to) This Product, except for fair use as defined by applicable law and
except for use expressly permitted or required by this License.

TrueCrypt and the TrueCrypt logos are trademarks of the TrueCrypt Foundation.
Note: The goal is not to monetize the name or the product, but to protect the
reputation of TrueCrypt. TrueCrypt is and will remain open-source and free
software.



VI. General Terms

1. You may not modify, copy, distribute, or sublicense This Product except as
expressly provided under this License. Any attempt otherwise to modify, copy,
distribute, or sublicense This Product automatically terminates Your rights
under this License.

2. Anyone who uses and/or reproduces and/or modifies and/or (re)distributes
This Product, or any part(s) thereof, is, by such action(s), accepting in full
the responsibilities and obligations contained in this License.

3. If any term of this License is found to be invalid or unenforceable under
applicable law, You agree that it shall not affect the validity or
enforceability of any other terms of this License that are found to be valid
and enforceable under applicable law.

____________________________________________________________

License agreement for Encryption for the Masses.

Copyright (C) 1998-2000 Paul Le Roux. All Rights Reserved.

This product can be copied and distributed free of charge, including
source code.

You may modify this product and source code, and distribute such modifications,
and you may derive new works based on this product, provided that:

1. Any product which is simply derived from this product cannot be
called E4M, or Encryption for the Masses.

2. If you use any of the source code in your product, and your product
is distributed with source code, you must include this notice with
those portions of this source code that you use.

Or,

If your product is distributed in binary form only, you must display
on any packaging, and marketing materials which reference
your product, a notice which states:

"This product uses components written by Paul Le Roux <pleroux@swprofessionals.com>"

3. If you use any of the source code originally by Eric Young, you must
in addition follow his terms and conditions.

4. Nothing requires that you accept this License, as you have not
signed it. However, nothing else grants you permission to modify or
distribute the product or its derivative works.

These actions are prohibited by law if you do not accept this License.

5. If any of these license terms is found to be to broad in scope, and
declared invalid by any court or legal process, you agree that all other
terms shall not be so affected, and shall remain valid and enforceable.

6. THIS PROGRAM IS DISTRIBUTED FREE OF CHARGE, THEREFORE THERE IS NO WARRANTY
FOR THE PROGRAM, TO THE EXTENT PERMITTED BY APPLICABLE LAW. UNLESS OTHERWISE
STATED THE PROGRAM IS PROVIDED "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.

7. 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 HAD PREVIOUSLY BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES.
____________________________________________________________

LICENSE TERMS

The free distribution and use of this software in both source and binary
form is allowed (with or without changes) provided that:

  1. distributions of this source code include the above copyright
     notice, this list of conditions and the following disclaimer;

  2. distributions in binary form include the above copyright
     notice, this list of conditions and the following disclaimer
     in the documentation and/or other associated materials;

  3. the copyright holder's name is not used to endorse products
     built using this software without specific written permission.

ALTERNATIVELY, provided that this notice is retained in full, this product
may be distributed under the terms of the GNU General Public License (GPL),
in which case the provisions of the GPL apply INSTEAD OF those given above.

DISCLAIMER

This software is provided 'as is' with no explicit or implied warranties
in respect of its properties, including, but not limited to, correctness
and/or fitness for purpose.