Subject: For Approval: MN Open Documentation License 1.0
From: Michal Nazarewicz <mina86@tlen.pl>
Date: Thu, 16 Dec 2004 20:13:13 +0100

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After years of struggle I finally finished my own. beloved license - MN 
Open Documentation License - and here I come to ask for approval. 
Different versions of the license may be found at: 
http://mina86.home.staszic.waw.pl/mn-odl/mn-odl-1.0/

Most of it is based on the [FDL] and [GPL] though parts from [LGPL] and 
[AFL] are present as well (included license contains info where each 
paragraph is from). The [FDL] has several issues (see [1] and [2]) and 
that was the main reason why I decided to create a new license. IMO, the 
OS community realy lacks a license for documentation.

With the license:

* You can distribut (both commercial and noncommercial) the document if the 
user recieves or is offered an access to the transparent verssion (the 
source code). It is done on similar conditions as in [GPL]. Each time you 
distribut the document you have to include license as well.

* You can midifi the document if the modified version is also distributed 
under the MN ODL and is easily distinguished from the original version. 
That is a bit of requirement but very small IMO.

* You can publish the document along with other documents covered by 
different license unless they have similar topic.

* You may chose to comply to this or any later version of the license.

PS. Is it realy necessary to create a legal analisis of the license? I ask 
because I am unable to get it done by a "licensed practitioner of the law" 
and paragraphs from the license comes from already approved licenses 
(excluding [FDL] but paragraphs from [FDL] are beond the scope of the 
OSD).

__________
[AFL] Academic Free License v. 2.1
http://opensource.org/licenses/afl-2.1.php

[GPL] GNU General Public License Version 2
http://www.gnu.org/licenses/gpl.html

[LGPL] GNU Lesser General Public License Version 2.1
http://www.gnu.org/licenses/lgpl.html

[FDL] GNU Free Documentation License Version 1.2
http://www.gnu.org/licenses/fdl.html

[1] Draft Debian Position Statement about the GNU FDL
http://people.debian.org/~srivasta/Position_Statement.xhtml

[2] Why You Shouldn't Use the GNU FDL
http://home.twcny.rr.com/nerode/neroden/fdl.html

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         MN OPEN DOCUMENTATION LICENSE
   Version #.#, December 2004

     Copyright (c) 2004 by Michal Nazarewicz (mina86/at/tlen/dot/pl)
     Everyone is permitted  to copy and distribute verbatim  copies of this
     license document, but changing it is not allowed.


     PREAMBLE

     The purpose  of this license is  to guarantee a freedom  of use, copy,
     modify and redistribute the documents, manuals, textbooks, etc, either
     commercially or  non commercially.  We  try to protect your  rights by
     copyrighting the work and providing it with this license. In exchange,
     we want  you to respect  our choice, time  and effort by  giving other
     people the same rights and freedom we gave you.


      TERMS AND CONDITIONS

     0. DEFINITIONS

0.1. This  MN Open Documentation  License (this  "License") applies  to any
     documentation,  manual or other  work in  any medium  (the "Document")
     which  contains   a  notice  placed  by  the   copyright  holder  (the
     "Licensor")  saying it  may be  distributed  under the  terms of  this
     License.
>
>  [FDL] Section 1, Paragraph 1. A bit modified though.

0.2. A "Modified  Version" of the  Document (the "Original  Version") means
     any work  containing the  Document or a  portion of it,  either copied
     verbatim, or with modification or translated into other language.
>
>  [FDL] Section 1, Paragraph 2. A bit modified.

0.3. A "Transparent"  copy of the  Document means a  machine-readable copy,
     represented  in  a format  whose  specification  is  available to  the
     general public,  that is suitable for  revising straightforwardly with
     widely  available editors and  automatic translation  to a  variety of
     formats.  A  copy made in  an otherwise Transparent file  format which
     has been  arranged to thwart or discourage  subsequent modification is
     not Transparent.  A copy that is not Transparent is called "Opaque".
>
>  [FDL] Section 1, Paragraph 6. Modified because there was
>  some issues with the original FDL's definition of
>  Transparent copy. See [1] and [2] for more info.

0.4. "You"  or "Your"  means an  individual  or a  legal entity  exercising
     rights under this  License.  For legal entities, You  or Your includes
     any entity that controls, is controlled by, or is under common control
     with You, where "control" means:

     a) the power, direct or indirect, to cause the direction or management
        of such entity, whether by contract or otherwise, or

     b) ownership of fifty percent or more of the outstanding shares, or

     c) beneficial ownership of such entity.
>
>  [AFL] Section 14. A bit modified.


     1. VERBATIM COPIES

1.1. You may copy and distribute  verbatim copies of the Transparent or the
     Opaque versions as You receive them, in any medium, provided that You:

     a) conspicuously and appropriately publish on each copy an appropriate
        copyright notice and disclaimer of warranty;

     b) keep intact  all the notices that refer to this  License and to the
        absence of any warranty;

     c) distribute a copy of this License along with the Document; and
>
>  [LGPL] Section 1, Paragraph 1. Only terminology changed.
>  It is also similar to [GPL] Section 1, Paragprah 1.

     d) add no other conditions whatsoever to those of this License.
>
>  [FDL] Section 2, Paragraph 1. Identical.

1.2. If  You copy  or  distribute  verbatim copies  of  the Opaque  version
     without  the Transparent version,  You must  fulfil conditions  in the
     section above as well as accompany the Opaque version with:

     a) 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
        the Opaque  copy distribution, a complete  machine-readable copy of
        the corresponding Transparent version; or,

     b)  the  information  You  received  as to  the  offer  to  distribute
        corresponding  Transparent version.   (This alternative  is allowed
        only for  noncommercial distribution and  only if You  received the
        Document as  a Opaque  version with such  an offer, in  accord with
        subsection a above.)
>
>  [GPL] Section 3, Paragraph 1, b & c. I removed a) because
>  Section 1.2. applies only to situations when You distribut
>  Opaque version *without* Transparent version. Situations
>  when You distrbute both versions is covered by section 1.1.

1.3. If distribution  of verbatim copies of  the Opaque version  is made by
     offering  access  to  copy  from  a designated  place,  then  offering
     equivalent access to copy the  Transparent version from the same place
     satisfies the requirement to distribute the Transparent copy.
>
>  [GPL] Section 3, Paragraph 3. Terminology changed.

1.4. You may also lend copies,  under the conditions stated in section 1.1,
     and You may publicly display copies.
>
>  [FDL] Section 2, Paragraph 2. Almost identical.

1.5. Each time  you redistribute the Document,  the recipient automatically
     receives a license from the Licensor to copy, distribute or modify the
     Document 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.
>
>  [GPL] Section 6. Terminology changed.

1.6. It is requested,  but not required, that You  contact the author(s) of
     the Document well before redistributing any large number of copies, to
     give them a chance to provide You with an updated version.
>
>  [FDL] Section 3, Paragraph 4. Identical.


     2. MODIFICATIONS

2.1. You may  modify Your  copy or  copies of the  Original Version  of the
     Document or any portion of it,  thus forming a Modified Version of the
     Document, provided that You meet all of these conditions:
>
>  [GPL] Section 2, Paragraph 1. A bit modified.

     a)  You   must  make  sure   that  the  Modified  Version   is  easily
        distinguished from the Original  Version. That includes (but is not
        limited to) adding:
        - an entry to a section  containing list of changes if such section
          exists, and
        - prominent notices to the  modified files stating that You changed
          the files and the date of any change.
>
>  Based on [GPL] 2a, [LGPL] 2b, [FDL] 4I and [FDL] 4J

     b) You must keep intact all the notices that refer to this License and
        to the absence of any warranty,  thus causing the whole of the work
        to be licensed at no charge to all third parties under the terms of
        this License.

     c) You must include an unaltered copy of this License.
>
>  Don't know where those two come from but they are quite
>  clear.

2.2. Translation  is  considered  a   kind  of  modification,  so  You  may
     distribute  translations of the  Document under  the terms  of section
     2.1. You  may include  a  translation  of this  License,  and all  the
     license notices  in the Document,  provided that You also  include the
     original English version of this  License and the original versions of
     those notices and disclaimers.  In  case of a disagreement between the
     translation and  the original version of  this License or  a notice or
     disclaimer, the original version will prevail.
>
>  [FDL] Section 8, Paragraph 1. A bit modified.

2.3. The author(s) and publisher(s) of  the Document do not by this License
     give permission to  use their names for publicity for  or to assert or
     imply endorsement of any Modified Version.
>
>  [FDL] Section 4, Paragraph 5. Identical.


     3. COMBINING DOCUMENTS

3.1. You  may  make a  collection  consisting  of  the Document  and  other
     documents  released under  this  License, and  replace the  individual
     copies of  this License  in the various  documents with a  single copy
     that is included in the collection, provided that You follow the rules
     of this License  for verbatim copying of each of  the documents in all
     other respects.

     You  may  extract  a  single  document from  such  a  collection,  and
     distribute it  individually under this License, provided  You insert a
     copy  of this  License into  the extracted  document, and  follow this
     License  in all  other  respects regarding  verbatim  copying of  that
     document.
>
>  [FDL] Section 6. Identical.

3.2. A  compilation of  the Document  with other  separate  and independent
     documents or  works, in or  on a volume  of a storage  or distribution
     medium, is called  an "Aggregate" if the copyright  resulting from the
     compilation is not used to limit the legal rights of the compilation's
     users beyond what  the individual works permit.  When  the Document is
     included in  an Aggregate,  this License does  not apply to  the other
     works in the Aggregate that are not Modified Versions of the Document.
>
>  [FDL] Section 7, Paragraph 1. Terminology changed.


     4. WARRANTY AND LIMITATION OF LIABILITY

4.1. The Licensor  warrants that the copyright  in and to  the Document and
     granted  herein  by  the Licensor  is  owned  by  the Licensor  or  is
     sublicensed to You under the terms of this License with the permission
     of the contributor(s) of those copyrights,  except as expressly stated
     in the immediately proceeding section:
>
>  [AFL] Section 7.  Modified though have the same spirit.

4.2. The Document  is provided  on an "AS  IS" BASIS and  WITHOUT WARRANTY,
     either  express   or  implied,  including,   without  limitation,  the
     warranties  of  NON-INFRINGEMENT,  MERCHANTABILITY  or FITNESS  FOR  A
     PARTICULAR PURPOSE. THE ENTIRE RISK  AS TO THE QUALITY OF THE DOCUMENT
     IS WITH YOU. This DISCLAIMER OF WARRANTY constitutes an essential part
     of  this License.   No license  to the  Document is  granted hereunder
     except under this disclaimer.
>
>  [AFL] Section 7.  Modified though have the same spirit.

4.3. Under  no circumstances  and under  no legal  theory, whether  in tort
     (including negligence), contract, or  otherwise, shall the Licensor be
     liable to any person for any direct, indirect, special, incidental, or
     consequential damages  of any  character arising as  a result  of this
     License  or the  use of  the Document  including,  without limitation,
     damages for loss of goodwill, work stoppage, damages or malfunction of
     any device, or  any and all other commercial  damages or losses.  This
     limitation  of liability  shall not  apply to  liability for  death or
     personal injury resulting from Licensor's negligence.
>
>  [AFL] Section 8. A bit modified.

4.4. The  Licensor  guarantees  You  access  to  the  Transparent  copy  by
     fulfilling the conditions of the chapter 1. Verbatim Copies.
>
>  That's my own. Since the author doesn't have to comply to
>  the License (s)he dosn't have to release the Transparent
>  version. 4.4. forces him/her to do so.


     5. ACCEPTANCE AND TERMINATION

5.1. You are not required to accept this License, since You have not signed
     it.   However, You  may not  copy, modify  or distribute  the Document
     except  as expressly provided  for under  this License.  Therefore, by
     modifying or  distributing the Document, You  indicate Your acceptance
     of this License to do so, and all its terms and conditions.
>
>  [GPL] Section 5 + [AFL] Section 9 + something else
>  probably.

5.2. Any other attempt to copy,  modify or distribute the Document 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.

5.3. If You do not agree or cannot comply with all the terms and conditions
     of this License do not use, modify, or distribute the Document.
>
>  I have no idea where I took the above two sections from.


     6. THE LICENSE

6.1. If  any clause  of  this  Licence is  unenforceable  under or  against
     applicable law entire licence is void.
>
>  That was taken from the license-discuss AFAIR.

6.2. Michal Nazarewicz may  publish revised or new versions  of the MN Open
     Documentation 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.
>
>  [GPL] Section 9, Paragraph 1. A bit modified.

6.3. Each  version  is  given  a  distinguishing version  number.   If  the
     Document 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 or any later version published by Michal
     Nazarewicz.  If the Document does not specify a license version, , You
     may choose any version ever published by Michal Nazarewicz.
>
>  [GPL] Section 9, Paragraph 2. A bit modified.


       END OF THE LICENSE

       How to Apply These Terms to Your New Documents

     To apply these terms, attach the following notices to the document you
     have written  or you are copyright  holder of. It is  safest to attach
     them to the start of each file of a Transparent copy as well as to the
     Opaque copy of the document.

        <document's name and brief idea what it is about>
        Copyright (C) <year>  <name of author>

        Permission is granted to copy, distribute or modify this document
        under the terms of the MN Open Documentation License, Version #.#
        or any later version published by Michal Nazarewicz.
        A copy of the license should be included in the section entitled
        "MN Open Documentation License".

     Also add  information on  how to contact  you by electronic  and paper
     mail, and provide  this License along with the  Transparent version of
     the Document and add a  "MN Open Documentation License" section to the
     Document with the full copy of this License.

     If  your document  contains nontrivial  examples of  program  code, we
     recommend releasing  these examples in  parallel under your  choice of
     free  software license,  such as  the GNU  General Public  License, to
     permit their use in free software.
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- -- 
Best regards,                                          _     _
.o. | Liege of Serenly Enlightened Majesty           o' \,=./ `o
..o | of Computer Science,  Michal "MINA" Nazarewicz    (o o)
ooo +--<mina86@tlen.pl>--<jid:mina86@jabber.org>----ooO--(_)--Ooo--
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