Re: [HACKERS] PostgreSQL & the BSD License

The Hermit Hacker writes:

> I've read, and re-read, this license since the first time I saw it ... I
> like the extension of the 'liability/warranty' sections to encompass "all
> developers" vs it just encompassing "University of Berkeley", and am
> shocked that we never thought of this before,

That's not true. I recall several separate occasions this was brought up
in the past. But anyway...

I support the spirit of your suggestion, but just a couple of ideas:

1) The copyright notice from the current developers should come first. It
should read something like:

"PostgreSQL ... Copyright 2000 whoever

Contains code from Postgres95, which is subject to the following
conditions:

Copyright 1996 UCB ..."

2) "various contributors (as identified in HISTORY)" -- Don't do that.
What if someone forks the project and renames HISTORY to
PASTPRESENTANDFUTURE? Use something like "all contributors". Also note
that the HISTORY file doesn't actually identify the contributors
sufficiently.

3) Use the same disclaimer that the UCB used, unless you have a good
reason to change the wording.

4) "BY USING THIS SOFTWARE YOU AGREE TO THESE TERMS AND CONDITIONS. IF
YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU SHOULD NOT USE THIS
SOFTWARE." -- This is not enforceable. If you want to get at this point
(for which I see no reason), use something like GPL section 5.

5) There also should be a mention that some parts of the distribution may
be subject to other conditions, which are identified near that "part".

> ===========================================================================
>
>
> PostgreSQL Data Base Management System (formerly known as Postgres95)
>
> This directory contains the _______ release of PostgreSQL, as well as
> various post-release patches in the patches directory. See INSTALL for
> the installation notes and HISTORY for the changes.
>
> We also have a WWW home page located at: http://www.postgreSQL.org
>
> -------------------------
>
> PostgreSQL is not public domain software. It is copyrighted by the
> University of California but may be used according to the following
> licensing terms:
>
> POSTGRES95 Data Base Management System (formerly known as Postgres, then
> as Postgres95).
>
> Copyright (c) 1994-6 Regents of the University of California
>
> Permission to use, copy, modify, and distribute this software and its
> documentation for any purpose, without fee, and without a written
> agreement is hereby granted, provided that the above copyright notice and
> this paragraph and the following two paragraphs appear in all copies.
>
> IN NO EVENT SHALL THE UNIVERSITY OF CALIFORNIA BE LIABLE TO ANY PARTY FOR
> DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING
> LOST PROFITS, ARISING OUT OF THE USE OF THIS SOFTWARE AND ITS
> DOCUMENTATION, EVEN IF THE UNIVERSITY OF CALIFORNIA HAS BEEN ADVISED OF
> THE POSSIBILITY OF SUCH DAMAGE.
>
> THE UNIVERSITY OF CALIFORNIA SPECIFICALLY DISCLAIMS ANY WARRANTIES,
> INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY
> AND FITNESS FOR A PARTICULAR PURPOSE. THE SOFTWARE PROVIDED HEREUNDER IS
> ON AN "AS IS" BASIS, AND THE UNIVERSITY OF CALIFORNIA HAS NO OBLIGATIONS
> TO PROVIDE MAINTENANCE, SUPPORT, UPDATES, ENHANCEMENTS, OR MODIFICATIONS.
>
> -------------------------
>
> Copyright ( 1996, 1997, 1998, 1999, 2000 by various contributors (as
> identified in HISTORY) (collectively "Developers") which may be used
> according to the following licensing terms:
>
> Worldwide permission to use, copy, modify, and distribute this software
> and its documentation for any purpose, without fee, and without a written
> agreement is hereby granted, on a non-exclusive basis, provided that the
> above copyright notice, this paragraph and the following paragraphs appear
> in all copies:
>
> IN NO EVENT SHALL ANY DEVELOPER BE LIABLE TO ANY PARTY FOR DIRECT,
> INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING,
> WITHOUT LIMITATION, LOST PROFITS, ARISING OUT OF THE USE OF THIS SOFTWARE
> AND ITS DOCUMENTATION, EVEN IF THE DEVELOPER HAS BEEN ADVISED OF THE
> POSSIBILITY OF SUCH DAMAGE.
>
> THE DEVELOPERS SPECIFICALLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED
> INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY,
> FITNESS FOR A PARTICULAR PURPOSE, NEED, OR QUALITY, AND ANY IMPLIED
> WARRANTY FROM COURSE OF DEALING OR USAGE OF TRADE. IN ADDITION, THERE IS
> NO IMPLIED WARRANTY AGAINST INTERFERENCE WITH ENJOYMENT OR AGAINST
> INFRINGEMENT. THE SOFTWARE AND DOCUMENTATION PROVIDED HEREUNDER IS ON AN
> "AS IS" BASIS. NO DEVELOPER HAS ANY OBLIGATION TO PROVIDE MAINTENANCE,
> SUPPORT, UPDATES, ENHANCEMENTS OR MODIFICATIONS TO OR FOR THE SOFTWARE OR
> DOCUMENTATION.
>
> BY USING THIS SOFTWARE YOU AGREE TO THESE TERMS AND CONDITIONS. IF YOU DO
> NOT AGREE TO THESE TERMS AND CONDITIONS, YOU SHOULD NOT USE THIS SOFTWARE.
>
>
>
>
>

--
Peter Eisentraut Sernanders väg 10:115
peter_e(at)gmx(dot)net 75262 Uppsala
http://yi.org/peter-e/ Sweden