[Whonix-devel] For Approval: GPL-3+-with-whonix-additional-terms - GPLv3 with improved, legal protections as per GNU GPL version 3 section 7

Fri Mar 15 20:49:00 CET 2019

# Name

GPL-3+-with-whonix-additional-terms

# Rationale

The GPL exclusion of warranties clause may not include infringement
claims. Other Libre Software licenses do include this. [1]

Many projects do add additional permissions or terms to the GPL. [2]
This is possible as per GNU GPL version 3 section 7.

The text of the GPLv3 remains completely unmodified. A pure use of GNU
GPL version 3 section 7.

Includes improved legal protections:

- improved disclaimer of warranty,

- improved limitation of warranty,

- indemnification: "Requiring indemnification of licensors and authors
of that material by anyone who conveys the material (or modified
versions of it) with contractual assumptions of liability to the
recipient, for any liability that these contractual assumptions directly
impose on those licensors and authors." [3]

- improved trademark/attribution/misrepresentation protection.

# Distinguish

doom3 / Return to Castle Wolfenstein by id Software and micropolis by
Electronic Arts use a very similar license, but these contain text
specific to those companies and software. Therefore unsuitable for reuse
by third parties. GPL-3+-with-whonix-additional-terms has the intent
to be reusable by third parties in their projects since it does not
contain language specific to Whonix. [4]

GPL-3+-with-whonix-additional-terms minimal changes to it:

* Change "The Doom 3 BFG Edition GPL Source Code" wording to the more
common "this program" which is used throughout the GPL.
* Added a "trump clause]" [5], in other words, any conflicts or disputes
between the additional terms and the GPLv3 shall be resolved in favor of
the GPLv3 by adding "Notwithstanding any other provision of this
License" (as mentioned in GPL FAQ [6]) at the beginning of the
additional terms.
* License: "GPL-3+-with-whonix-additional-terms"

# Legal review

It is probably reasonable to assume that id Software and Electronic Arts
had their license checked by their lawyers but there is no public
information available on this.

micropolis which uses a very similar language is available in Debian
main [7], this was discussed and no complaints raised related to DFSG
(The Debian Free Software Guidelines). [8] [9] But I am not aware who's
the lawyer.

No legal review.

# Proliferation category

Other/Miscellaneous licenses

# Footnotes

[1]
https://cpb-us-e1.wpmucdn.com/sites.suffolk.edu/dist/5/1153/files/2014/12/McJohn-THE-GPL-MEETS-THE-UCC.pdf
[2]
http://www.mmmtechlaw.com/wp-content/uploads/2014/03/PLI-Open-Source-2014-Extra-provisions-of-FSF-licenses.pdf
[3] Quote from GPLv3
[4] The name of the license includes "whonix" but that could be changed
if offending.
[5] https://www.fsf.org/news/canonical-updated-licensing-terms
[6] https://www.gnu.org/licenses/gpl-faq.html#v3Notwithstanding
[7] https://packages.debian.org/buster/micropolis
[8] https://lists.debian.org/debian-legal/2014/10/msg00002.html
[9] https://lists.debian.org/debian-legal/2014/10/msg00003.html

# Appendix: The license text

 License: GPL-3+-with-whonix-additional-terms
 This program is free software: you can redistribute it and/or modify
 it under the terms of the GNU General Public License as published by
 the Free Software Foundation, either version 3 of the License, or
 (at your option) any later version.
 .
 This program is distributed in the hope that it will be useful,
 but WITHOUT ANY WARRANTY; without even the implied warranty of
 MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE.  See the
 GNU General Public License for more details.
 .
 You should have received a copy of the GNU General Public License
 along with this program.  If not, see <https://www.gnu.org/licenses/>.
 .
 On Debian systems, the full text of the GNU General Public
 License version 3 can be found in the file
 `/usr/share/common-licenses/GPL-3'.
 .
 ADDITIONAL TERMS APPLICABLE per GNU GPL version 3 section 7
 .
 Notwithstanding any other provision of this License,
 in addition, the this program is also subject to certain additional terms.
 .
 1. Replacement of Section 15.  Section 15 of the GPL shall be deleted
in its
 entirety and replaced with the following:
 .
 15. Disclaimer of Warranty.
 .
 THE PROGRAM IS PROVIDED WITHOUT ANY WARRANTIES, WHETHER EXPRESSED OR
IMPLIED,
 INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF FITNESS FOR A
PARTICULAR
 PURPOSE, NON-INFRINGEMENT, TITLE AND MERCHANTABILITY.  THE PROGRAM IS BEING
 DELIVERED OR MADE AVAILABLE 'AS IS', 'WITH ALL FAULTS' AND WITHOUT
WARRANTY OR
 REPRESENTATION.  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.
 .
 2. Replacement of Section 16.  Section 16 of the GPL shall be deleted
in its
 entirety and replaced with the following:
 .
 16. LIMITATION OF LIABILITY.
 .
 UNDER NO CIRCUMSTANCES SHALL ANY COPYRIGHT HOLDER OR ITS AFFILIATES, OR ANY
 OTHER PARTY WHO MODIFIES AND/OR CONVEYS THE PROGRAM AS PERMITTED ABOVE, BE
 LIABLE TO YOU, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, FOR ANY
 DAMAGES OR OTHER LIABILITY, INCLUDING ANY GENERAL, DIRECT, INDIRECT,
SPECIAL,
 INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING FROM, OUT OF OR IN
 CONNECTION WITH THE USE OR INABILITY TO USE THE PROGRAM OR OTHER
DEALINGS WITH
 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), WHETHER OR NOT ANY
COPYRIGHT HOLDER
 OR SUCH OTHER PARTY RECEIVES NOTICE OF ANY SUCH DAMAGES AND WHETHER OR
NOT SUCH
 DAMAGES COULD HAVE BEEN FORESEEN.
 .
 3. LEGAL NOTICES; NO TRADEMARK LICENSE; ORIGIN.  You must reproduce
faithfully
 all trademark, copyright and other proprietary and legal notices on any
copies
 of the Program or any other required author attributions.  This license
does not
 grant you rights to use any copyright holder or any other party's name,
logo, or
 trademarks.  Neither the name of the copyright holder or its
affiliates, or any
 other party who modifies and/or conveys the Program may be used to
endorse or
 promote products derived from this software without specific prior written
 permission.  The origin of the Program must not be misrepresented; you
must not
 claim that you wrote the original Program.  Altered source versions must be
 plainly marked as such, and must not be misrepresented as being the
original
 Program.
 .
 4. INDEMNIFICATION.  IF YOU CONVEY A COVERED WORK AND AGREE WITH ANY
RECIPIENT
 OF THAT COVERED WORK THAT YOU WILL ASSUME ANY LIABILITY FOR THAT
COVERED WORK,
 YOU HEREBY AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE OTHER
LICENSORS AND
 AUTHORS OF THAT COVERED WORK FOR ANY DAMAGES, DEMANDS, CLAIMS, LOSSES,
CAUSES OF
 ACTION, LAWSUITS, JUDGMENTS EXPENSES (INCLUDING WITHOUT LIMITATION
REASONABLE
 ATTORNEYS' FEES AND EXPENSES) OR ANY OTHER LIABILITY ARISING FROM,
RELATED TO OR
 IN CONNECTION WITH YOUR ASSUMPTIONS OF LIABILITY.