Subject: For Approval: mindmason license (MML)
From: Stephan Meyer <stephan.meyer@pobox.com>
Date: Thu, 2 Sep 2004 15:51:54 +0200

 Thu, 2 Sep 2004 15:51:54 +0200
Dear list members,

I have written a Wiki application for the Palm OS, called "mindmason".
I'd like to release it as Open Source since I don't have sufficient 
time anymore to maintain the project and commercial exploitation 
doesn't seem viable.

However, I'm unhappy with the GPL for several reasons:

a) I'd like to be notified when someone creates a modification of the 
program. So I put in a duty of Licensee to do so (section 3 III, 3rd 
sentence).

b) When Licensee violates the terms of the license and thus loses his 
rights to use the work, I want to prevent him from accepting the terms 
of the license again and thus regaining his rights. This is covered by 
section 4, 2nd sentence.

c) Except when the contract is governed by US-American law, I want the 
law of Germany to be applicable and Munich shall be place of 
jurisdiction.

d) Under the law of Germany, it is impossible to revoke all liability 
like you can do in the US. So there is section 5.

e) This license is modeled after German copyright law. In particular, I 
make it clear that the license is an offer to enter into a contract. It 
is not a unilateral declaration of what the user can do or can't do. 
See section 2 I.

f) While Licensee is generally granted the right to modify the 
software, he may not remove any references to previous authors or to 
the license agreement (MML). This is for the protection of the other 
authors. That's why I put in section 2 IV, 2nd sentence.

A staff member of sourceforge.net says it might be possible that 
section 2 IV, 2nd sentence is colliding with the OSD's section 3 
because the right to modify is not granted unconditionally. However, I 
feel that the slight restriction imposed does not unduly restrict the 
right to modify and is necessary for the protection of legitimate 
interests of previous authors.
This objection by sourceforge is the reason for my posting the license 
here.

Please note that I have the copyright to this license. It may not be 
used without my consent.

I'm looking forward to your comments and hope there'll be a fruitful 
discussion.

Kind regards,
	Stephan Meyer



-----------------------------------------------------
License Agreement for the software „mindmason" (MML)
Version 1.02 of 9/2/2004
(c) 2004 Stephan T. Meyer <stephan.meyer@pobox.com>
All rights reserved

1. Definitions:
„Original Author": Stephan T. Meyer <stephan.meyer@pobox.com>
„Program": the software „mindmason" in the form of object as well as 
source code
"Licensor": the author or authors of the Program, in its original 
version and in versions containing subsequent modifications; not the 
person from whom you have received the software, in particular a 
current Licensee
"Licensee": every user of the Program, you in particular

2. Grant of Rights: (I) This License Agreement is an offer to enter 
into a legal contract. It requires Licensee's acceptance of its terms. 
Licensee declares his acceptance in particular through his use of the 
Program.
(II) Licensor grants Licensee four rights: To use, to copy, to 
distribute and to modify the Program. Licensor grants Licensee the 
right to use a copy of the Program. He grants Licensee the right to 
copy the Program and to distribute copies made.
(III) Licensee is not entitled to grant rights pertaining to the 
Program to third persons. This does not apply to modifications made by 
Licensee himself.
(IV) Licensor grants Licensee the right to modify the Program. This 
does not apply to modifications that remove references to this License 
Agreement or to Licensor or cause the Program to not display such 
references any more.

3. Duties of Licensee: (I) Licensee must distribute copies of the 
Program, including but not limited to his own modifications, only in 
conjunction with this License Agreement.
(II) He must not demand or accept any payment or other consideration in 
return for the surrender of the Program itself.
(III) Should Licensee create a modification of the Program, he then 
must license his modification in the form of object as well as source 
code to any third persons under the terms of this License Agreement. 
Licensee must then also make prominent the source code that was added 
or changed by him and must add a reference to himself and to the date 
of the modification. Licensee must then also notify the Original Author 
of his modification.

4. Consequences of a violation of the duties: Should Licensee violate 
one or more of the duties set forth in part 3 of this License 
Agreement, he then loses all of the rights granted to him in this 
License Agreement for the duration of the violation and for the future. 
In that case, this License Agreement shall no longer be construed as an 
offer to Licensee to enter into a contract. Claims arising out of a 
breach of contract remain unaffected.

5. Liability and warranty: (I) Licensor is liable only for intentional 
or grossly negligent acts or failures and only for injuries that are 
characteristic of this contract and foreseeable. Licensor is liable 
also for slight negligence and for all injuries as far as these are 
injuries to life, body or health.
(II) IF US-AMERICAN LAW APPLIES TO THIS CONTRACT, THEN THERE IS NO 
LIABILITY OR WARRANTY OF ANY KIND.

6. Final Stipulations: (I) Should any term of this License Agreement be 
invalid, then the remaining valid terms will remain unaffected by this.
(II) There exist no terms to this agreement outside of this document.
(III) If the law of the United States of America is not applicable to 
this License Agreement, then the following applies: This License 
Agreement is governed by the law of the Federal Republic of Germany. 
Place of jurisdiction is Munich (Bavaria, Germany).