The Common Good Public License BETA
1.0
Published 2003-11-20
Preamble
The licenses for most software are designed to limit an Original Work's
distribution. The Common Good Public License seeks to do the
opposite by securing an Original Work's wide spread distribution,
modification, and use by as many people as possible.
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 duties and responsibilities for you
when you use the software, distribute copies of the software, or if you
modify it.
The License has been inspired by and we acknowledge the work done by
the originators and supporters of the Universal Declaration of
Human Rights, The Natural Step (TNS), the Free Software Foundation, and
people everywhere who support and work for a sustainable and educated
future. It is our hope to bring together these three positive
elements for the common good and help create a sustainable future of
communication and technological development.
Terms and Conditions
A. Terms and Rights under a Grant of
Copyright License.
Provided that You meet all the conditions set forth for each of the
following Rights, the Licensor hereby grants You a royalty-free,
non-exclusive, non-sublicenseable, world-wide, perpetual license to the
following Rights:
0. Right to Own.
You have the right to receive and own a copy of the Original Work
provided that You meet all the conditions defined in Terms and
Conditions, C. Conditions and Duties.
1. Right to Copy.
You have the right to create copies of the Original Work provided that
You meet all the conditions defined in Terms and Conditions, C.
Conditions and Duties.
2. Right to Modify.
You have the right to modify and create Derivative Works from the
Original Work provided that You meet all the conditions defined in Terms
and Conditions, C. Conditions and Duties.
3. Right to Publish.
You have the right to publish and distribute copies of the Original
Work and Derivative Works in any media to the public provided that You
meet all the conditions defined in Terms and Conditions, C. Conditions
and Duties.
4. Right to Review.
You have the right to review, display or perform the Original Work
publicly provided that You meet all the conditions defined in Terms and
Conditions, C. Conditions and Duties.
B. Terms and Rights under a Grant of
Patent License.
Licensor hereby grants You a world-wide, royalty-free, non-exclusive,
perpetual, non-sublicenseable license, under patent claims owned or
controlled by the Licensor that are embodied in the Original Work as
furnished by the Licensor ("Licensed Claims") to own, make, use, sell,
offer for sale and review the Original Works and / or Derivative Works
provided that You meet all the conditions defined in Terms and
Conditions, C. Conditions and Duties.
C. Conditions and Duties.
The following Conditions and Duties are generally listed and should be
applied as required by each Right in section A. Terms and Rights under a
Grant of Copyright License. and as generally required in section B.
Terms and Rights under a Grant of Patent License.under Terms and
Conditions:
0.0. Duty to Share.
0.1. Any and all Derivative Works
made from Original Works licensed under this license must themselves be
licensed under this license.
0.2. You can combine the whole or
any part of the Original Works and / or Derivative Works with Other
Works licensed under different licenses so long as the different
licenses are compatible with this License, the different licenses
effectively grant no more and no less Rights than the Rights granted in
this License under section A. Terms and Rights under a Grant of
Copyright License without limitations on time or scope, and most
importantly satisfy the condition directly below this one, part 0.3. of
this section 0.0. Duty to Share defined here in C. Conditions and
Duties. To combine the whole or any part of the Original Works and
/ or Derivative Works with Other Works licensed under different
licenses those licenses must have a provision requiring the distribution
of the Source Data along with the Original Work and / or Derivative Work
licensed under these other licenses. If such additional licenses are
used on some parts of an Original Work and / or Derivative Work then any
part of an Original Work and / or Derivative Work licensed under this
license shall remain so and may not be licensed under any other license
except by the copyright holder for a given part.
0.3. You hereby agree to provide
a usable copy of the Source Data of the Original Work and / or
Derivative Work along with each copy of the Original Work that You
distribute if the Original Work and / or Derivative Work itself is not
already Source Data. You reserve the right to satisfy this obligation by
placing a usable copy of the Source Data in an information repository
reasonably calculated to permit inexpensive and convenient access by
licensees for as long as You continue to distribute the Original Work
and / or Derivative Work, and by publishing the address of that
information repository in a notice immediately following the copyright
notice that applies to the Original Work and / or Derivative Work.
0.4. You must cause any
Derivative Work to carry prominent notices stating that You made
modifications and the date of any change.
0.5. You must cause the whole or
any part of the Original Work and / or Derivative Work that you
distribute or publish to be licensed as a whole at no charge to all
third parties under the terms of this License.
0.6. You must 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 Original Work and / or Derivative Work a copy of this
License along with any Original Works and / or Derivative Works.
1.0. Duty to Environment.
By your ownership, distribution, modification, and review of this
Original Work and / or Derivative Work:
1.1. You do not prevent the
reduction of Nature's functions and diversity being systematically
subject to increasing concentrations of materials and substances
extracted from the earth.
1.2. You do not prevent the
reduction of Nature's functions and diversity being systematically
subject to increasing concentrations of materials and substances
produced by society.
1.3. You do not prevent the
reduction of Nature's functions and diversity being systematically
impoverished by physical displacement, over harvesting, or other forms
of ecosystem manipulation.
1.4. You do not prevent the
reduction of Nature's functions and diversity being systematically
impoverished due to the unfair and inefficient use of resources in order
to meet human needs globally.
2.0 Duty to Humanity.
By your ownership, distribution, modification, and review You do not
violate the UNIVERSAL DECLARATION OF HUMAN RIGHTS adopted and proclaimed
by the UN General Assembly Resolution 217 A (http://www.un.org/Overview/rights.html),
see Appendix [1] which is hereby considered part of the Terms and
Conditions of this License.
D. External Deployment.
The term "External Deployment" means the use or distribution of the
Original Work or Derivative Works in any way such that the Original Work
or Derivative Works may be used by anyone other than You, whether the
Original Work or Derivative Works are distributed to those persons or
made available as an application intended for use over a computer
network. As an express condition for the grants of license hereunder,
You agree that any External Deployment by You of a Derivative Work shall
be deemed a distribution and shall be licensed to all under the terms of
this License.
E. Attribution Rights.
You must retain, in the Source Code of any Derivative Works that You
create, all copyright, patent or trademark notices from the Source Code
of the Original Work, as well as any notices of licensing and any
descriptive text identified therein as an "Attribution Notice." You must
cause the Source Code for any Derivative Works that You create to carry
a prominent Attribution Notice reasonably calculated to inform
recipients that You have modified the Original Work.
F. Exclusions From License Grant.
Nothing in this License shall be deemed to grant any rights to
trademarks, copyrights, patents, trade secrets or any other intellectual
property of Licensor except as expressly stated herein. No patent
license is granted to make, use, sell or offer to sell embodiments of
any patent claims other than the Licensed Claims defined in section
B.Terms and Rights under a Grant of Patent License. No right is granted
to the trademarks of Licensor even if such marks are included in the
Original Work. Nothing in this License shall be interpreted to prohibit
the Licensor from licensing under different terms from this License any
Original Work that the Licensor otherwise would have a right to license.
G. Forward Compatible License.
CGPL.org may publish revised and/or new versions of the CGPL 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 CGPL.org. If the Program does not specify a version number of this
License, you may choose any version ever published by CGPL.org.
H. Acceptance and Termination.
If You distribute copies of the Original Work or a Derivative Work, You
must make a reasonable effort under the circumstances to obtain the
express and volitional assent of recipients to the terms of this
License. Nothing else but this License (or another written agreement
between Licensor and You) grants You permission to create Derivative
Works based upon the Original Work or to exercise any of the rights
granted in sections A. Terms and Rights under a Grant of Copyright
License and B. Terms and Rights under a Grant of Patent License herein,
and any attempt to do so except under the terms of this License (or
another written agreement between Licensor and You) is expressly
prohibited by U.S. copyright law, the equivalent laws of other
countries, and by international treaty. Therefore, by exercising any of
the rights granted to You in sections A and B herein, You indicate Your
acceptance of this License and all of its Terms and Conditions. This
License shall terminate immediately and you may no longer exercise any
of the rights granted to You by this License upon Your failure to honor
the provision in section C. Conditions and Duties herein.
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.
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.
I. Mutual Termination for Patent
Action.
This License shall terminate automatically and You may no longer
exercise any of the rights granted to You by this License if You file a
lawsuit in any court alleging that any CGPL licensed Original Work
infringes any patent claims that are essential to own, use, copy,
modify, publish, or reviewthat Original Work.
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 an Original Work 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 an Original Work.
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.
J. Jurisdiction, Venue and Governing
Law.
Any action or suit relating to this License may be brought only in the
courts of a jurisdiction wherein the Licensor resides or in which
Licensor conducts its primary business, and under the laws of that
jurisdiction excluding its conflict-of-law provisions. The application
of the United Nations Convention on Contracts for the International Sale
of Goods is expressly excluded. Any use of the Original Work outside the
scope of this License or after its termination shall be subject to the
requirements and penalties of the U.S. Copyright Act, 17 U.S.C. §
101 et seq., the equivalent laws of other countries, and international
treaty. This section shall survive the termination of this License.
K. Attorneys Fees.
In any action to enforce the terms of this License or seeking damages
relating thereto, the prevailing party shall be entitled to recover its
costs and expenses, including, without limitation, reasonable attorneys'
fees and costs incurred in connection with such action, including any
appeal of such action. This section shall survive the termination of
this License
L. Warranty and Disclaimer of
Warranty.
Licensor warrants that the copyright in and to the Original Work is
owned by the Licensor or that the Original Work is distributed by
Licensor under a valid current license from the copyright owner. Except
as expressly stated in the immediately proceeding sentence, the Original
Work is provided under this License 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 ORIGINAL
WORK IS WITH YOU. This DISCLAIMER OF WARRANTY constitutes an essential
part of this License. No license to Original Work is granted here under
except under this disclaimer.
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.
M. Limitation of Liability.
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 Original Work including, without limitation,
damages for loss of goodwill, work stoppage, computer failure or
malfunction, 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 to the extent
applicable law prohibits such limitation. Some jurisdictions do not
allow the exclusion or limitation of incidental or consequential
damages, so this exclusion and limitation may not apply to You.
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.
N. Miscellaneous.
This License represents the complete agreement concerning the subject
matter hereof. If any provision of this License is held to be
unenforceable, such provision shall be reformed only to the extent
necessary
Appendix [1]
UNIVERSAL DECLARATION OF HUMAN RIGHTS
Adopted and proclaimed by General Assembly resolution 217 A (III) of 10
December 1948
On December 10, 1948 the General Assembly of the United Nations adopted and proclaimed the Universal Declaration of Human Rights the full text of which appears in the following pages. Following this historic act the Assembly called upon all Member countries to publicize the text of the Declaration and "to cause it to be disseminated, displayed, read and expounded principally in schools and other educational institutions, without distinction based on the political status of countries or territories."
PREAMBLE
Whereas recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world,
Whereas disregard and contempt for human rights have resulted in barbarous acts which have outraged the conscience of mankind, and the advent of a world in which human beings shall enjoy freedom of speech and belief and freedom from fear and want has been proclaimed as the highest aspiration of the common people,
Whereas it is essential, if man is not to be compelled to have recourse, as a last resort, to rebellion against tyranny and oppression, that human rights should be protected by the rule of law,
Whereas it is essential to promote the development of friendly relations between nations,
Whereas the peoples of the United Nations have in the Charter reaffirmed their faith in fundamental human rights, in the dignity and worth of the human person and in the equal rights of men and women and have determined to promote social progress and better standards of life in larger freedom,
Whereas Member States have pledged themselves to achieve, in co-operation with the United Nations, the promotion of universal respect for and observance of human rights and fundamental freedoms,
Whereas a common understanding of these rights and freedoms is of the greatest importance for the full realization of this pledge,
Now, Therefore THE GENERAL ASSEMBLY proclaims THIS UNIVERSAL DECLARATION OF HUMAN RIGHTS as a common standard of achievement for all peoples and all nations, to the end that every individual and every organ of society, keeping this Declaration constantly in mind, shall strive by teaching and education to promote respect for these rights and freedoms and by progressive measures, national and international, to secure their universal and effective recognition and observance, both among the peoples of Member States themselves and among the peoples of territories under their jurisdiction.
All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood.
Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. Furthermore, no distinction shall be made on the basis of the political, jurisdictional or international status of the country or territory to which a person belongs, whether it be independent, trust, non-self-governing or under any other limitation of sovereignty.
Everyone has the right to life, liberty and security of person.
No one shall be held in slavery or servitude; slavery and the slave trade shall be prohibited in all their forms.
No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.
Everyone has the right to recognition everywhere as a person before the law.
All are equal before the law and are entitled without any discrimination to equal protection of the law. All are entitled to equal protection against any discrimination in violation of this Declaration and against any incitement to such discrimination.
Everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the constitution or by law.
No one shall be subjected to arbitrary arrest, detention or exile.
Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in the determination of his rights and obligations and of any criminal charge against him.
(1) Everyone charged with a penal offence has the right to be presumed innocent until proved guilty according to law in a public trial at which he has had all the guarantees necessary for his defence.
(2) No one shall be held guilty of any penal offence on account of any act or omission which did not constitute a penal offence, under national or international law, at the time when it was committed. Nor shall a heavier penalty be imposed than the one that was applicable at the time the penal offence was committed.
No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honour and reputation. Everyone has the right to the protection of the law against such interference or attacks.
(1) Everyone has the right to freedom of movement and residence within the borders of each state.
(2) Everyone has the right to leave any country, including his own, and to return to his country.
(1) Everyone has the right to seek and to enjoy in other countries asylum from persecution.
(2) This right may not be invoked in the case of prosecutions genuinely arising from non-political crimes or from acts contrary to the purposes and principles of the United Nations.
(1) Everyone has the right to a nationality.
(2) No one shall be arbitrarily deprived of his nationality nor denied the right to change his nationality.
(1) Men and women of full age, without any limitation due to race, nationality or religion, have the right to marry and to found a family. They are entitled to equal rights as to marriage, during marriage and at its dissolution.
(2) Marriage shall be entered into only with the free and full consent of the intending spouses.
(3) The family is the natural and fundamental group unit of society and is entitled to protection by society and the State.
(1) Everyone has the right to own property alone as well as in association with others.
(2) No one shall be arbitrarily deprived of his property.
Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief, and freedom, either alone or in community with others and in public or private, to manifest his religion or belief in teaching, practice, worship and observance.
Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.
(1) Everyone has the right to freedom of peaceful assembly and association.
(2) No one may be compelled to belong to an association.
(1) Everyone has the right to take part in the government of his country, directly or through freely chosen representatives.
(2) Everyone has the right of equal access to public service in his country.
(3) The will of the people shall be the basis of the authority of government; this will shall be expressed in periodic and genuine elections which shall be by universal and equal suffrage and shall be held by secret vote or by equivalent free voting procedures.
Everyone, as a member of society, has the right to social security and is entitled to realization, through national effort and international co-operation and in accordance with the organization and resources of each State, of the economic, social and cultural rights indispensable for his dignity and the free development of his personality.
(1) Everyone has the right to work, to free choice of employment, to just and favourable conditions of work and to protection against unemployment.
(2) Everyone, without any discrimination, has the right to equal pay for equal work.
(3) Everyone who works has the right to just and favourable remuneration ensuring for himself and his family an existence worthy of human dignity, and supplemented, if necessary, by other means of social protection.
(4) Everyone has the right to form and to join trade unions for the protection of his interests.
Everyone has the right to rest and leisure, including reasonable limitation of working hours and periodic holidays with pay.
(1) Everyone has the right to a standard of living adequate for the health and well-being of himself and of his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control.
(2) Motherhood and childhood are entitled to special care and assistance. All children, whether born in or out of wedlock, shall enjoy the same social protection.
(1) Everyone has the right to education. Education shall be free, at least in the elementary and fundamental stages. Elementary education shall be compulsory. Technical and professional education shall be made generally available and higher education shall be equally accessible to all on the basis of merit.
(2) Education shall be directed to the full development of the human personality and to the strengthening of respect for human rights and fundamental freedoms. It shall promote understanding, tolerance and friendship among all nations, racial or religious groups, and shall further the activities of the United Nations for the maintenance of peace.
(3) Parents have a prior right to choose the kind of education that shall be given to their children.
(1) Everyone has the right freely to participate in the cultural life of the community, to enjoy the arts and to share in scientific advancement and its benefits.
(2) Everyone has the right to the protection of the moral and material interests resulting from any scientific, literary or artistic production of which he is the author.
Everyone is entitled to a social and international order in which the rights and freedoms set forth in this Declaration can be fully realized.
(1) Everyone has duties to the community in which alone the free and full development of his personality is possible.
(2) In the exercise of his rights and freedoms, everyone shall be subject only to such limitations as are determined by law solely for the purpose of securing due recognition and respect for the rights and freedoms of others and of meeting the just requirements of morality, public order and the general welfare in a democratic society.
(3) These rights and freedoms may in no case be exercised contrary to the purposes and principles of the United Nations.
Nothing in this Declaration may be interpreted as implying for any State, group or person any right to engage in any activity or to perform any act aimed at the destruction of any of the rights and freedoms set forth herein.