Open Source Software, SPEC Kit 340 (July 2014)

Thacker, J. Curtis; Knutson, Charles D.; Dehmlow, Mark

98 · Representative Documents: OSS Licenses
FREE SOFTWARE FOUNDATION
GNU General Public License Version 3
http://www.gnu.org/licenses/gpl.html
The GNU General Public License v3.0 -GNU Project -Free Software Foundation
http://www.gnu.org/licenses/gpl.html[6/26/14 11:35:43 AM]
Corresponding Source to be so available, or (2) arrange to deprive yourself of the benefit of the patent
license for this particular work, or (3) arrange, in a manner consistent with the requirements of this License,
to extend the patent license to downstream recipients. “Knowingly relying” means you have actual
knowledge that, but for the patent license, your conveying the covered work in a country, or your recipient's
use of the covered work in a country, would infringe one or more identifiable patents in that country that you
have reason to believe are valid.
If, pursuant to or in connection with a single transaction or arrangement, you convey, or propagate by
procuring conveyance of, a covered work, and grant a patent license to some of the parties receiving the
covered work authorizing them to use, propagate, modify or convey a specific copy of the covered work,
then the patent license you grant is automatically extended to all recipients of the covered work and works
based on it.
A patent license is “discriminatory” if it does not include within the scope of its coverage, prohibits the
exercise of, or is conditioned on the non-exercise of one or more of the rights that are specifically granted
under this License. You may not convey a covered work if you are a party to an arrangement with a third
party that is in the business of distributing software, under which you make payment to the third party
based on the extent of your activity of conveying the work, and under which the third party grants, to any of
the parties who would receive the covered work from you, a discriminatory patent license (a) in connection
with copies of the covered work conveyed by you (or copies made from those copies), or (b) primarily for
and in connection with specific products or compilations that contain the covered work, unless you entered
into that arrangement, or that patent license was granted, prior to 28 March 2007.
Nothing in this License shall be construed as excluding or limiting any implied license or other defenses to
infringement that may otherwise be available to you under applicable patent law.
12. No Surrender of Others' Freedom.
If 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 convey
a covered work so as to satisfy simultaneously your obligations under this License and any other pertinent
obligations, then as a consequence you may not convey it at all. For example, if you agree to terms that
obligate you to collect a royalty for further conveying from those to whom you convey the Program, the only
way you could satisfy both those terms and this License would be to refrain entirely from conveying the
Program.
13. Use with the GNU Affero General Public License.
Notwithstanding any other provision of this License, you have permission to link or combine any covered
work with a work licensed under version 3 of the GNU Affero General Public License into a single combined
work, and to convey the resulting work. The terms of this License will continue to apply to the part which is
the covered work, but the special requirements of the GNU Affero General Public License, section 13,
concerning interaction through a network will apply to the combination as such.
14. Revised Versions of this License.
The Free Software Foundation may publish revised and/or new versions of the GNU General Public
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.

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98 · Representative Documents: OSS Licenses
FREE SOFTWARE FOUNDATION
GNU General Public License Version 3
http://www.gnu.org/licenses/gpl.html
The GNU General Public License v3.0 -GNU Project -Free Software Foundation
http://www.gnu.org/licenses/gpl.html[6/26/14 11:35:43 AM]
Corresponding Source to be so available, or (2) arrange to deprive yourself of the benefit of the patent
license for this particular work, or (3) arrange, in a manner consistent with the requirements of this License,
to extend the patent license to downstream recipients. “Knowingly relying” means you have actual
knowledge that, but for the patent license, your conveying the covered work in a country, or your recipient's
use of the covered work in a country, would infringe one or more identifiable patents in that country that you
have reason to believe are valid.
If, pursuant to or in connection with a single transaction or arrangement, you convey, or propagate by
procuring conveyance of, a covered work, and grant a patent license to some of the parties receiving the
covered work authorizing them to use, propagate, modify or convey a specific copy of the covered work,
then the patent license you grant is automatically extended to all recipients of the covered work and works
based on it.
A patent license is “discriminatory” if it does not include within the scope of its coverage, prohibits the
exercise of, or is conditioned on the non-exercise of one or more of the rights that are specifically granted
under this License. You may not convey a covered work if you are a party to an arrangement with a third
party that is in the business of distributing software, under which you make payment to the third party
based on the extent of your activity of conveying the work, and under which the third party grants, to any of
the parties who would receive the covered work from you, a discriminatory patent license (a) in connection
with copies of the covered work conveyed by you (or copies made from those copies), or (b) primarily for
and in connection with specific products or compilations that contain the covered work, unless you entered
into that arrangement, or that patent license was granted, prior to 28 March 2007.
Nothing in this License shall be construed as excluding or limiting any implied license or other defenses to
infringement that may otherwise be available to you under applicable patent law.
12. No Surrender of Others' Freedom.
If 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 convey
a covered work so as to satisfy simultaneously your obligations under this License and any other pertinent
obligations, then as a consequence you may not convey it at all. For example, if you agree to terms that
obligate you to collect a royalty for further conveying from those to whom you convey the Program, the only
way you could satisfy both those terms and this License would be to refrain entirely from conveying the
Program.
13. Use with the GNU Affero General Public License.
Notwithstanding any other provision of this License, you have permission to link or combine any covered
work with a work licensed under version 3 of the GNU Affero General Public License into a single combined
work, and to convey the resulting work. The terms of this License will continue to apply to the part which is
the covered work, but the special requirements of the GNU Affero General Public License, section 13,
concerning interaction through a network will apply to the combination as such.
14. Revised Versions of this License.
The Free Software Foundation may publish revised and/or new versions of the GNU General Public
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.

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SPEC Kit 340: Open Source Software · 97
FREE SOFTWARE FOUNDATION
GNU General Public License Version 3
http://www.gnu.org/licenses/gpl.html
The GNU General Public License v3.0 -GNU Project -Free Software Foundation
http://www.gnu.org/licenses/gpl.html[6/26/14 11:35:43 AM]
propagation of a covered work occurring solely as a consequence of using peer-to-peer transmission to
receive a copy likewise does not require acceptance. However, nothing other than this License grants you
permission to propagate or modify any covered work. These actions infringe copyright if you do not accept
this License. Therefore, by modifying or propagating a covered work, you indicate your acceptance of this
License to do so.
10. Automatic Licensing of Downstream Recipients.
Each time you convey a covered work, the recipient automatically receives a license from the original
licensors, to run, modify and propagate that work, subject to this License. You are not responsible for
enforcing compliance by third parties with this License.
An “entity transaction” is a transaction transferring control of an organization, or substantially all assets of
one, or subdividing an organization, or merging organizations. If propagation of a covered work results from
an entity transaction, each party to that transaction who receives a copy of the work also receives whatever
licenses to the work the party's predecessor in interest had or could give under the previous paragraph,
plus a right to possession of the Corresponding Source of the work from the predecessor in interest, if the
predecessor has it or can get it with reasonable efforts.
You may not impose any further restrictions on the exercise of the rights granted or affirmed under this
License. For example, you may not impose a license fee, royalty, or other charge for exercise of rights
granted under this License, and you may not initiate litigation (including a cross-claim or counterclaim in a
lawsuit) alleging that any patent claim is infringed by making, using, selling, offering for sale, or importing
the Program or any portion of it.
11. Patents.
A “contributor” is a copyright holder who authorizes use under this License of the Program or a work on
which the Program is based. The work thus licensed is called the contributor's “contributor version”.
A contributor's “essential patent claims” are all patent claims owned or controlled by the contributor,
whether already acquired or hereafter acquired, that would be infringed by some manner, permitted by this
License, of making, using, or selling its contributor version, but do not include claims that would be
infringed only as a consequence of further modification of the contributor version. For purposes of this
definition, “control” includes the right to grant patent sublicenses in a manner consistent with the
requirements of this License.
Each contributor grants you a non-exclusive, worldwide, royalty-free patent license under the contributor's
essential patent claims, to make, use, sell, offer for sale, import and otherwise run, modify and propagate
the contents of its contributor version.
In the following three paragraphs, a “patent license” is any express agreement or commitment, however
denominated, not to enforce a patent (such as an express permission to practice a patent or covenant not
to sue for patent infringement). To “grant” such a patent license to a party means to make such an
agreement or commitment not to enforce a patent against the party.
If you convey a covered work, knowingly relying on a patent license, and the Corresponding Source of the
work is not available for anyone to copy, free of charge and under the terms of this License, through a
publicly available network server or other readily accessible means, then you must either (1) cause the

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SPEC Kit 340: Open Source Software (July 2014) resources

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SPEC Kit 340: Open Source Software · 97
FREE SOFTWARE FOUNDATION
GNU General Public License Version 3
http://www.gnu.org/licenses/gpl.html
The GNU General Public License v3.0 -GNU Project -Free Software Foundation
http://www.gnu.org/licenses/gpl.html[6/26/14 11:35:43 AM]
propagation of a covered work occurring solely as a consequence of using peer-to-peer transmission to
receive a copy likewise does not require acceptance. However, nothing other than this License grants you
permission to propagate or modify any covered work. These actions infringe copyright if you do not accept
this License. Therefore, by modifying or propagating a covered work, you indicate your acceptance of this
License to do so.
10. Automatic Licensing of Downstream Recipients.
Each time you convey a covered work, the recipient automatically receives a license from the original
licensors, to run, modify and propagate that work, subject to this License. You are not responsible for
enforcing compliance by third parties with this License.
An “entity transaction” is a transaction transferring control of an organization, or substantially all assets of
one, or subdividing an organization, or merging organizations. If propagation of a covered work results from
an entity transaction, each party to that transaction who receives a copy of the work also receives whatever
licenses to the work the party's predecessor in interest had or could give under the previous paragraph,
plus a right to possession of the Corresponding Source of the work from the predecessor in interest, if the
predecessor has it or can get it with reasonable efforts.
You may not impose any further restrictions on the exercise of the rights granted or affirmed under this
License. For example, you may not impose a license fee, royalty, or other charge for exercise of rights
granted under this License, and you may not initiate litigation (including a cross-claim or counterclaim in a
lawsuit) alleging that any patent claim is infringed by making, using, selling, offering for sale, or importing
the Program or any portion of it.
11. Patents.
A “contributor” is a copyright holder who authorizes use under this License of the Program or a work on
which the Program is based. The work thus licensed is called the contributor's “contributor version”.
A contributor's “essential patent claims” are all patent claims owned or controlled by the contributor,
whether already acquired or hereafter acquired, that would be infringed by some manner, permitted by this
License, of making, using, or selling its contributor version, but do not include claims that would be
infringed only as a consequence of further modification of the contributor version. For purposes of this
definition, “control” includes the right to grant patent sublicenses in a manner consistent with the
requirements of this License.
Each contributor grants you a non-exclusive, worldwide, royalty-free patent license under the contributor's
essential patent claims, to make, use, sell, offer for sale, import and otherwise run, modify and propagate
the contents of its contributor version.
In the following three paragraphs, a “patent license” is any express agreement or commitment, however
denominated, not to enforce a patent (such as an express permission to practice a patent or covenant not
to sue for patent infringement). To “grant” such a patent license to a party means to make such an
agreement or commitment not to enforce a patent against the party.
If you convey a covered work, knowingly relying on a patent license, and the Corresponding Source of the
work is not available for anyone to copy, free of charge and under the terms of this License, through a
publicly available network server or other readily accessible means, then you must either (1) cause the

SPEC Kit 340: Open Source Software · 99
FREE SOFTWARE FOUNDATION
GNU General Public License Version 3
http://www.gnu.org/licenses/gpl.html
The GNU General Public License v3.0 -GNU Project -Free Software Foundation
http://www.gnu.org/licenses/gpl.html[6/26/14 11:35:43 AM]
Each version is given a distinguishing version number. If the Program specifies that a certain numbered
version of the GNU General Public License “or any later version” applies to it, you have the option of
following the terms and conditions either of that numbered version or of any later version published by the
Free Software Foundation. If the Program does not specify a version number of the GNU General Public
License, you may choose any version ever published by the Free Software Foundation.
If the Program specifies that a proxy can decide which future versions of the GNU General Public License
can be used, that proxy's public statement of acceptance of a version permanently authorizes you to
choose that version for the Program.
Later license versions may give you additional or different permissions. However, no additional obligations
are imposed on any author or copyright holder as a result of your choosing to follow a later version.
15. Disclaimer of Warranty.
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.
16. Limitation of Liability.
IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING WILL ANY
COPYRIGHT HOLDER, OR ANY OTHER PARTY WHO MODIFIES AND/OR CONVEYS 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.
17. Interpretation of Sections 15 and 16.
If the disclaimer of warranty and limitation of liability provided above cannot be given local legal effect
according to their terms, reviewing courts shall apply local law that most closely approximates an absolute
waiver of all civil liability in connection with the Program, unless a warranty or assumption of liability
accompanies a copy of the Program in return for a fee.
END OF TERMS AND CONDITIONS
How to Apply These Terms to Your New Programs
If you develop a new program, and you want it to be of the greatest possible use to the public, the best way
to achieve this is to make it free software which everyone can redistribute and change under these terms.

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Page 9Survey Results click to expand contents

Page 67Representative Documents click to expand contents

Page 69OSS Contributor Agreements click to expand contents

Page 81OSS Licenses click to expand contents

Page 103OSS Copyright Notices click to expand contents

Page 109OSS Adoption Decision click to expand contents

Page 121Job Descriptions of OSS Contributors click to expand contents

Page 167Organization Charts click to expand contents

Page 179Selected Resources click to expand contents

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